[JPRT 111-60, Volume I]
[From the U.S. Government Publishing Office]





   111th Congress 
 2d Session              JOINT COMMITTEE PRINT                  S. Prt.
                                                                 111-60
_______________________________________________________________________
                                  

 
                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2008

                                VOLUME I

                               ----------                              

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS
                               US SENATE

                                AND THE

                      COMMITTEE ON FOREIGN AFFAIRS
                      US HOUSE OF REPRESENTATIVES

                                 BY THE

                          DEPARTMENT OF STATE

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

                                     


           COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2008
                                VOLUME I






111th Congress 
 2d Session              JOINT COMMITTEE PRINT                  S. Prt.
                                                                 111-60
_______________________________________________________________________

                                     


                    COUNTRY REPORTS ON HUMAN RIGHTS
                           PRACTICES FOR 2008

                                VOLUME I

                               __________

                              R E P O R T

                            SUBMITTED TO THE

                     COMMITTEE ON FOREIGN RELATIONS

                               US SENATE

                                AND THE

                      COMMITTEE ON FOREIGN AFFAIRS

                      US 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

                                     


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?

                 COMMITTEE ON FOREIGN RELATIONS        

            JOSEPH R. BIDEN, Jr., Delaware, Chairman        
CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin       NORM COLEMAN, Minnesota
BARBARA BOXER, California            BOB CORKER, Tennessee
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire\1\
BARACK OBAMA, Illinois               GEORGE V. VOINOVICH, Ohio
ROBERT MENENDEZ, New Jersey          LISA MURKOWSKI, Alaska
BENJAMIN L. CARDIN, Maryland         JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania   JOHNNY ISAKSON, Georgia
JIM WEBB, Virginia                   DAVID VITTER, Louisiana
                                     JOHN BARRASSO, Wyoming\2\
               Antony J. Blinken, Staff Director        
        Kenneth A. Myers, Jr., Republican Staff Director        


    ------------
    \1\ Reassigned to the Committee on Finance, January 24, 2008.
    \2\ Appointed to the Committee on Foreign Relations, February 12, 
2008.

                                     
                  COMMITTEE ON FOREIGN AFFAIRS        

             HOWARD L. BERMAN, California, Chairman        
GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
    Samoa                            DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ELIOT L. ENGEL, New York             DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts         EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York           RON PAUL, Texas
DIANE E. WATSON, California          JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
ALBIO SIRES, New Jersey              JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia         JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York         J. GRESHAM BARRETT, South Carolina
THEODORE E. DEUTCH, Florida          CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
               Richard J. Kessler, Staff Director        
            Yleem Poblete, Republican Staff Director        

                              (ii)        

  

 
                            C O N T E N T S

                              ----------                              
                                                                   Page

Letter of Transmittal............................................    ix

Preface..........................................................    xi

Overview and Acknowledgments.....................................  xiii

Introduction.....................................................  xvii


                                Volume I


Africa

    Angola.......................................................     1

    Benin........................................................    16

    Botswana.....................................................    26

    Burkina Faso.................................................    36

    Burundi......................................................    46

    Cameroon.....................................................    60

    Cape Verde...................................................    80

    Central African Republic.....................................    85

    Chad.........................................................   104

    Comoros......................................................   119

    Congo, Democratic Republic of the............................   125

    Congo, Republic of the.......................................   152

    Cote d'Ivoire................................................   162

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

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

    Eritrea......................................................   202

    Ethiopia.....................................................   216

    Gabon........................................................   240

    Gambia, The..................................................   248

    Ghana........................................................   260

    Guinea.......................................................   276

    Guinea-Bissau................................................   290

    Kenya........................................................   299

    Lesotho......................................................   322

    Liberia......................................................   333

    Madagascar...................................................   344

    Malawi.......................................................   354

    Mali.........................................................   367

    Mauritania...................................................   376

    Mauritius....................................................   387

    Mozambique...................................................   393

    Namibia......................................................   407

Africa--Continued

    Niger........................................................   419

    Nigeria......................................................   434

    Rwanda.......................................................   464

    Sao Tome and Principe........................................   481

    Senegal......................................................   486

    Seychelles...................................................   500

    Sierra Leone.................................................   507

    Somalia......................................................   521

    South Africa.................................................   541

    Sudan........................................................   559

    Swaziland....................................................   579

    Tanzania.....................................................   594

    Togo.........................................................   612

    Uganda.......................................................   623

    Zambia.......................................................   640

    Zimbabwe.....................................................   652

East Asia and the Pacific

    Australia....................................................   687

    Brunei Darussalam............................................   697

    Burma........................................................   705

    Cambodia.....................................................   727

    China (includes Tibet, Hong Kong, and Macau).................   748

    Taiwan.......................................................   810

    Fiji.........................................................   821

    Indonesia....................................................   830

    Japan........................................................   850

    Kiribati.....................................................   859

    Korea, Democratic People's Republic of.......................   863

    Korea, Republic of...........................................   874

    Laos.........................................................   883

    Malaysia.....................................................   896

    Marshall Islands.............................................   920

    Micronesia, Federated States of..............................   924

    Mongolia.....................................................   930

    Nauru........................................................   940

    New Zealand..................................................   944

    Palau........................................................   952

    Papua New Guinea.............................................   957

    Philippines..................................................   963

    Samoa........................................................   982

    Singapore....................................................   988

    Solomon Islands..............................................  1003

    Thailand.....................................................  1009

    Timor-Leste..................................................  1038

    Tonga........................................................  1048

    Tuvalu.......................................................  1053

    Vanuatu......................................................  1058

    Vietnam......................................................  1063
Europe and Eurasia

    Albania......................................................  1087

    Andorra......................................................  1099

    Armenia......................................................  1103

    Austria......................................................  1134

    Azerbaijan...................................................  1143

    Belarus......................................................  1165

    Belgium......................................................  1186

    Bosnia and Herzegovina.......................................  1194

    Bulgaria.....................................................  1212

    Croatia......................................................  1227

    Cyprus.......................................................  1246

    Czech Republic...............................................  1269

    Denmark......................................................  1282

    Estonia......................................................  1289

    Finland......................................................  1295

    France.......................................................  1302

    Georgia......................................................  1314

    Germany......................................................  1346

    Greece.......................................................  1357

    Hungary......................................................  1379

    Iceland......................................................  1392

    Ireland......................................................  1401

    Italy........................................................  1410

    Kosovo.......................................................  1423

    Latvia.......................................................  1447

    Liechtenstein................................................  1459

    Lithuania....................................................  1464

    Luxembourg...................................................  1475

    Macedonia....................................................  1480

    Malta........................................................  1495

    Moldova......................................................  1501

    Monaco.......................................................  1523

    Montenegro...................................................  1527

    Netherlands..................................................  1543

    Norway.......................................................  1553

    Poland.......................................................  1559

    Portugal.....................................................  1574

    Romania......................................................  1580

    Russia.......................................................  1601

    San Marino...................................................  1656

    Serbia.......................................................  1659

    Slovak Republic..............................................  1681

    Slovenia.....................................................  1694

    Spain........................................................  1703

    Sweden.......................................................  1713

    Switzerland..................................................  1721

    Turkey.......................................................  1730

    Ukraine......................................................  1761

    United Kingdom...............................................  1794

                               Volume II

Near East and North Africa

    Algeria......................................................  1809

    Bahrain......................................................  1825

    Egypt........................................................  1837

    Iran.........................................................  1860

    Iraq.........................................................  1883

    Israel and the occupied territories..........................  1914

    Jordan.......................................................  1952

    Kuwait.......................................................  1967

    Lebanon......................................................  1978

    Libya........................................................  1997

    Morocco......................................................  2009

      Western Sahara.............................................  2026

    Oman.........................................................  2030

    Qatar........................................................  2038

    Saudi Arabia.................................................  2053

    Syria........................................................  2075

    Tunisia......................................................  2101

    United Arab Emirates.........................................  2119

    Yemen........................................................  2131

South and Central Asia

    Afghanistan..................................................  2155

    Bangladesh...................................................  2177

    Bhutan.......................................................  2198

    India........................................................  2207

    Kazakhstan...................................................  2239

    Kyrgyz Republic..............................................  2257

    Maldives.....................................................  2274

    Nepal........................................................  2282

    Pakistan.....................................................  2301

    Sri Lanka....................................................  2332

    Tajikistan...................................................  2348

    Turkmenistan.................................................  2362

    Uzbekistan...................................................  2377

Western Hemisphere

    Antigua and Barbuda..........................................  2403

    Argentina....................................................  2408

    Bahamas, The.................................................  2422

    Barbados.....................................................  2430

    Belize.......................................................  2436

    Bolivia......................................................  2444

    Brazil.......................................................  2459

    Canada.......................................................  2479

    Chile........................................................  2489

    Colombia.....................................................  2499

    Costa Rica...................................................  2520

    Cuba.........................................................  2532

    Dominica.....................................................  2547

Western Hemisphere--Continued

    Dominican Republic...........................................  2552

    Ecuador......................................................  2568

    El Salvador..................................................  2581

    Grenada......................................................  2594

    Guatemala....................................................  2598

    Guyana.......................................................  2617

    Haiti........................................................  2625

    Honduras.....................................................  2636

    Jamaica......................................................  2652

    Mexico.......................................................  2660

    Nicaragua....................................................  2674

    .............................................................
    Panama.......................................................  2691

    Paraguay.....................................................  2705

    Peru.........................................................  2718

    Saint Kitts and Nevis........................................  2732

    Saint Lucia..................................................  2737

    Saint Vincent and the Grenadines.............................  2744

    Suriname.....................................................  2749

    Trinidad and Tobago..........................................  2758

    Uruguay......................................................  2767

    Venezuela....................................................  2773




                               Appendices

    Appendix A: Notes on Preparation of the Country Reports and 
      Explanatory Notes..........................................  2789

    Appendix B: Reporting on Worker Rights.......................  2797

    Appendix C: Selected International Human Rights Conventions..  2799

    Appendix D: Description of International Human Rights 
      Conventions in Appendix C..................................  2807

    Appendix E: FY 2008 State and USAID Foreign Assistance 
      Estimate...................................................  2809

    Appendix F: UN General Assembly's Third Committee Country 
      Resolution Votes 2008......................................  2837

    Appendix G: UN Universal Declaration of Human Rights.........  2845
?

                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                                 Washington, DC, February 25, 2009.
Hon. Joseph R. Biden, Jr.,
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 2008, 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,
                                     Karen Stewart,
Acting Assistant Secretary, Bureau of Democracy, Human Rights, and 
                                                             Labor.
    Enclosure.

                                  (ix)

                                     
                                PREFACE

                              ----------                              

    Human progress depends on the human spirit. This 
inescapable truth has never been more apparent than it is 
today, when the challenges of a new century require us to 
summon the full range of human talents to move our nation and 
our world forward.
    Guaranteeing the right of every man, woman, and child to 
participate fully in society and live up to his or her God-
given potential is an ideal that has animated our nation since 
its founding. It is enshrined in the United Nations Universal 
Declaration of Human Rights, and was reflected in President 
Obama's Inaugural Address, when he reminded us that every 
generation must carry forward the belief that ``all are equal, 
all are free, and all deserve a chance to pursue their full 
measure of happiness.''
    Our foreign policy must also advance these timeless values, 
which empower people to speak, think, worship, and assemble 
freely, to lead their work and family lives with dignity, and 
to know that their dreams of a brighter future are within 
reach.
    The promotion of human rights is an essential piece of our 
foreign policy. Not only will we seek to live up to our ideals 
on American soil, we will pursue greater respect for human 
rights as we engage other nations and people around the world. 
Some of our work will be conducted in government meetings and 
official dialogues, which is important to advancing this cause. 
But we will not rely on a single approach to overcome tyranny 
and subjugation that weaken the human spirit, limit human 
possibility, and undermine human progress.
    We will make this a global effort that reaches beyond 
government alone. We will work together with nongovernmental 
organizations, businesses, religious leaders, schools and 
universities, and individual citizens-all of whom play a vital 
role in creating a world where human rights are accepted, 
respected, and protected.
    Our commitment to human rights is driven by faith in our 
moral values, and also by the knowledge that we enhance our own 
security, prosperity, and progress when people in other lands 
emerge from shadows and shackles to gain the opportunities and 
rights we enjoy and treasure.
    In that spirit, I hereby transmit the Department of State's 
Country Reports on Human Rights Practices for 2008 to the 
United States Congress.
                            Hillary Rodham Clinton,
                                                Secretary of State.


                      OVERVIEW AND ACKNOWLEDGMENTS

                              ----------                              


                      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 thus are not covered by the 
congressional requirement.
    In the early 1970s the United States formalized its 
responsibility to speak out on behalf of international human 
rights standards. 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. Legislation also requires 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.

                      HOW THE REPORTS ARE PREPARED

    In 1993 the Secretary of State strengthened the human 
rights efforts of our embassies by asking all sections to 
contribute information and corroborate reports of human rights 
violations, and there was a renewed effort to link mission 
programming to the advancement of human rights and democracy. 
In 1994 the Department of State reorganized the Bureau of Human 
Rights and Humanitarian Affairs, renaming it the Bureau of 
Democracy, Human Rights and Labor. This move reflected both a 
broader sweep and a more focused approach to the interlocking 
issues of human rights, worker rights and democracy. As part of 
that effort, the annual Country Reports on Human Rights 
Practices represent the bureau's continuing effort to report 
human rights violations. The reports reflect the work by 
hundreds of State Department and other U.S. Government 
employees, both in Washington and abroad.
    Our overseas U.S. missions, which prepared the initial 
drafts of the reports, gathered information throughout the year 
from a variety of sources across the political spectrum. These 
sources included government officials, jurists, the armed 
forces, journalists, human rights monitors, academics, and 
labor activists. This information gathering can be hazardous, 
and U.S. Foreign Service personnel 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 completing their drafts, State Department missions 
abroad sent them to Washington for review by the Bureau of 
Democracy, Human Rights and Labor, in cooperation with other 
Department of State offices. As they worked to corroborate, 
analyze, and edit the reports, 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, refugee issues, 
military and police topics, women's issues, and legal matters. 
The guiding principle was to ensure that all information was 
assessed objectively, thoroughly, and fairly.
    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 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 right to nationality, 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, the prohibition of forced or 
compulsory labor, the status of child labor practices, 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 Stephen Eisenbraun; Office Directors: Bruce Connuck, 
Kay Mayfield, and Michael Orona; Senior Editors: Jonathan 
Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L. Hoganson, 
Patricia Meeks Schnell, Julie Turner, and Rachel Waldstein; 
Editors: Naim Ahmed, Sabrina Bahir, Joseph S. Barghout, 
Katherine Berglund, Sarah Beringer, Alisha Bhagat, Sarah 
Buckley, Laura Carey, Elise Carlson-Rainer, Ebenezer 
Concepcion, Sharon C. Cooke, Susan Corke, Stuart Crampton, 
Frank B. Crump, Mollie Davis, Cortney Dell, Morton Dworken, 
Jennifer Evans, Verinda Fike, Joan Garner, Karen Gilbride, 
Jeffrey Glassman, Edward Grulich, Cheryl Harris, Patrick 
Harvey, Matthew Hickey, Alexandra Hoey, Victor Huser, Stan 
Ifshin, Sami Jiries, Simone Joseph, Jennifer King, Jane Kim, 
Sidney Kwiram, Lawrence Lesser, Jessica Lieberman, Katie 
McLain, John McKane, Michael McKenna, Gregory Maggio, Jessica 
Megill, Nicole Morales, David Mikosz, Leonel Miranda, Stephen 
E. Moody, Jennie Munoz, Sandra Murphy, Daniel L. Nadel, 
Catherine Newling, Susan O'Sullivan, Meredith Pierce, Drue 
Preissman, Peter Sawchyn, Amy Schmisseur, Wendy Silverman, Erin 
Spitzer, Rachel Spring, Brian Stout, James Todd, Rachel 
Waldstein, Nicole Wilett, Mikel Wood, and Isabelle Zsoldos; 
Contributing Editor: Lynne Davidson; Editorial Assistants: 
Adrienne Bory, Karen Chen, Carol Finerty, Elizabeth Mokaba, and 
Kimberly Jorgensen; and Technical Assistant Eunice Johnson.

                              INTRODUCTION

                              ----------                              

    The year just ended was characterized by three trends: a 
growing worldwide demand for greater personal and political 
freedom, governmental efforts to push back on those freedoms, 
and further confirmation that human rights flourish best in 
participatory democracies with vibrant civil societies.
    These congressionally mandated reports describe the 
performance in 2008 of governments across the globe in putting 
into practice their international commitments on human rights. 
We hope that they will help focus attention on human rights 
abuses and bring action to end them. At the same time, we hope 
that the hard-won advances for human freedom chronicled in the 
reports will hearten those still pressing for their rights, 
often against daunting odds.
    These reports will inform U.S. Government policymaking and 
serve as a reference for other governments, intergovernmental 
institutions, and nongovernmental organizations (NGOs), human 
rights defenders, and journalists. United States foreign policy 
revolves not only around effective defense, but also robust 
diplomacy and vigorous support for political and economic 
development. A vigorous human rights policy reaffirms American 
values and advances our national interests. As President Obama 
stated in his inaugural address: ``America is a friend of each 
nation and every man, woman, and child who seeks a future of 
peace and dignity . . .'', but to ``those who cling to power 
through corruption and deceit and the silencing of dissent, 
know that you are on the wrong side of history, but that we 
will extend a hand if you are willing to unclench your fist.''
    Since the days of our own nation's founding, we have 
endeavored to correct injustices and fully promote respect for 
fundamental freedoms for all of our citizens. These efforts 
have been spurred and sustained by an accountable, democratic 
system of government, the rule of law, a vibrant free media, 
and, most important of all, the civic activism of our 
citizenry.
    As we publish these reports, the Department of State 
remains mindful of both domestic and international scrutiny of 
the United States' record. As President Obama recently made 
clear, ``we reject as false the choice between our safety and 
our ideals.'' We do not consider views about our performance 
voiced by others in the international community-whether by 
other governments or nongovernmental actors-to be interference 
in our internal affairs, nor should other governments regard 
expressions about their performance as such. We and all other 
sovereign nations have international obligations to respect the 
universal human rights and freedoms of our citizens, and it is 
the responsibility of others to speak out when they believe 
those obligations are not being fulfilled.
    The U.S. Government will continue to hear and reply 
forthrightly to concerns about our own practices. We will 
continue to submit reports to international bodies in 
accordance with our obligations under various human rights 
treaties to which we are a party. United States laws, policies, 
and practices have evolved considerably in recent years, and 
will continue to do so. For example, on January 22, 2009, 
President Obama signed three executive orders to close the 
detention facilities at Guantanamo and review U.S. Government 
policies on detention and interrogation.
    We drew the information contained in these reports from 
governments and multilateral institutions, from national and 
international nongovernmental groups, and from academics, 
jurists, religious groups, and the media. The reports have gone 
through a lengthy process of fact checking to ensure high 
standards of accuracy and objectivity. Each country report 
speaks for itself. However, some broad, cross-cutting 
observations can be drawn.
    One: In 2008, pushback against demands for greater personal 
and political freedom continued in many countries across the 
globe. A disturbing number of countries imposed burdensome, 
restrictive, or repressive laws and regulations against NGOs 
and the media, including the Internet. Many courageous human 
rights defenders who peacefully pressed for their own rights 
and those of their fellow countrymen and women were harassed, 
threatened, arrested and imprisoned, killed, or were subjected 
to violent extrajudicial means of reprisal.
    Two: Human rights abuses remain a symptom of deeper 
dysfunctions within political systems. The most serious human 
rights abuses tended to occur in countries where unaccountable 
rulers wielded unchecked power or there was government failure 
or collapse, often exacerbated or caused by internal or 
external conflict.
    Three: Healthy political systems are far more likely to 
respect human rights. Countries in which human rights were most 
protected and respected were characterized by the following 
electoral, institutional, and societal elements:
    Free and fair electoral processesthatinclude not only a 
clean casting and honest counting of ballots on election day, 
but also a run-up to the voting that allows for real 
competition and full respect for the freedoms of expression, 
peaceful assembly, and association; Representative, 
accountable, transparent, democratic institutions of 
government, including independent judiciaries, under the rule 
of law to ensure that leaders who win elections democratically 
also govern democratically, and are responsive to the will and 
needs of the people; andVibrant civil societies, including 
independent NGOs and free media.
    To be sure, even in countries where these elements were 
present human rights abuses at times occurred. Democratic 
elections can be marred with irregularities. There can be 
abuses of power and miscarriages of justice. States having weak 
institutions of democratic government and struggling economies 
can fall far short of meeting the needs and expectations of 
their people for a better life. Corruption can undermine public 
trust. Long-marginalized segments of populations in some 
countries have yet to enjoy full participation in the life of 
their nations. Insecurity due to internal and/or cross-border 
conflict can hinder respect for and retard progress in human 
rights. But when these electoral, institutional and societal 
elements obtain, the prospects are far greater for problems to 
be addressed, correctives to be applied and improvements to be 
made.
    Taken together, these three trends confirm the continuing 
need for vigorous United States diplomacy to act and speak out 
against human rights abuses, at the same time that our country 
carefully reviews its own performance. These trends further 
confirm the need to combine diplomacy with creative strategies 
that can help to develop healthy political systems and support 
civil society.
    Below, readers will find overviews highlighting key trends 
in each geographic region. Each of the regional overviews is 
followed by thumbnail sketches of selected countries (ordered 
alphabetically) that were chosen for notable developments-
positive, negative, or mixed-chronicled during calendar year 
2008. For more comprehensive, detailed information, we refer 
you to the individual country reports themselves.

                           Regional Overviews

                                 AFRICA

    Several African countries served as stabilizing forces on 
the continent and as powerful examples of the peace and 
stability that come with respect for the rule of law. 
Nevertheless, during the year, human rights and democratic 
development in the region continued to face severe challenges, 
especially in a number of countries plagued by conflict and 
others in which a culture of rule of law was fledgling or did 
not exist.
    In many countries, civilians continued to suffer from 
abuses at the hands of government security forces acting with 
impunity. In several countries, the systematic use of torture 
by security forces on detainees and prisoners remained a severe 
problem, and conditions in detention centers and prisons often 
were squalid and life threatening. Many detainees suffered 
lengthy pretrial detentions, waiting months or years before 
going before a judge.
    For those countries embroiled in conflicts, ending violence 
remained central to improving human rights conditions. Warring 
parties failed to implement political agreements designed to 
bring peace and stability. Violent conflict continued or 
erupted anew in the Democratic Republic of Congo, Somalia, and 
Sudan, resulting in mass killings, rape, and displacements of 
civilians. The Sudanese Government continued to collaborate 
with janjaweed militias to bomb and destroy villages, killing 
or displacing hundreds of thousands more innocent civilians.
    Authoritarian rule continued to characterize many African 
countries, for example: in Zimbabwe, the Mugabe regime 
unleashed a campaign of terror that resulted in the killing, 
disappearance, and torture of hundreds of opposition party 
members and supporters following the March 29 elections that 
were not free and fair. Government repression, restrictions, 
and mismanagement caused the displacement of tens of thousands, 
increased food insecurity, and created a cholera epidemic, 
which killed 1,500 people by year's end. Previously postponed 
presidential elections were further delayed in Cote d'Ivoire. A 
coup ousted a democratically elected government in Mauritania. 
Following the death of Lansana Conte, Guinea's longtime 
president, a military junta seized power in a coup and 
suspended the constitution.
    There were, however, some bright spots during the year. 
Angola held its first elections since 1992 and there were 
peaceful, orderly, and democratic elections in Ghana and 
Zambia. Due process and respect for the rule of law prevailed 
in Nigeria as opposition candidates from the 2007 presidential 
election respected the Nigerian Supreme Court's ruling 
upholding President Umaru Musa Yar'Adua's election. The United 
Nations International Criminal Tribunal for Rwanda sentenced a 
former Rwandan army colonel to life in prison for organizing 
the militants responsible for the killing of 800,000 Tutsis and 
moderate Hutus during the 1994 Rwandan genocide.
Selected Country Developments
    The human rights situation in the Democratic Republic of 
the Congo (DRC) deteriorated further during the year, severely 
undermining the country's progress since national elections in 
2006. Despite the signing of the Goma peace accords in January 
and the presence of UN peacekeepers, fighting continued in 
North and South Kivu throughout the year. Security forces and 
all armed groups continued to act with impunity, committing 
frequent serious abuses including arbitrary killings, 
disappearances, arbitrary arrest and detention, torture, rape, 
looting, and the use of children as combatants. The conflict 
continued to fuel the worst humanitarian crisis in Africa, 
resulting in as many as 45,000 Congolese deaths each month, a 
total of more than one million internally displaced persons, 
and dozens of attacks on humanitarian workers by armed groups. 
Pervasive sexual violence continued, including more than 2,200 
registered cases of rape in June in North Kivu alone. 
Throughout the country, security forces harassed, beat, 
intimidated, and arrested local human rights advocates and 
journalists, resulting in a marked deterioration in press 
freedom.
    Eritrea's poor human rights record worsened and the 
Government continued to commit serious abuses including 
unlawful killings by security forces with impunity. The ruling 
People's Front for Democracy and Justice (PFDJ) is the only 
legal political party and no national elections have been held 
since Eritrea gained independence in 1993. The constitution, 
ratified in 1997, has never been implemented. The independent 
press remained banned, and most independent journalists were in 
detention or had fled the country. Government roundups of young 
people for national service intensified in 2008. Credible 
reports indicate that national service evaders were tortured 
while in detention, and security forces shot individuals trying 
to cross the border into Ethiopia. Religious freedom, already 
severely restricted, declined further. At year's end over 3,200 
Christians from unregistered groups were detained in prison, as 
were more than 35 leaders and pastors of Pentecostal churches, 
some of whom had been detained for more than three years 
without charge or due process. At least three religious 
prisoners died in captivity during the year, from torture and 
lack of medical treatment.
    The violence following Kenya's December 2007 local, 
parliamentary, and presidential elections ended in February 
when an international mediation process produced an agreement 
to form a coalition government under which President Mwai 
Kibaki retained his office, and opposition candidate Raila 
Odinga was appointed to a newly-created prime ministerial 
position. The political settlement established a reform 
framework to investigate and address the underlying causes of 
the violence, which killed approximately 1,500 persons and 
displaced more than 500,000. Progress on reform was slow and 
efforts to address the economic and social aftermath of the 
violence were incomplete. Separately, the deployment of 
security forces to Mount Elgon to quell an abusive militia 
resulted in human rights abuses by security forces.
    Mauritania's human rights record deteriorated, with an 
abridgement of citizens' rights to change their government, 
arbitrary arrests, and the political detentions of the 
president and prime minister following an August 6 coup. The 
president was released from detention in December; however, the 
military junta, known as the High State Council (HSC), remained 
in power with General Mohamed Aziz as head of state at the end 
of the year. Members of the international community, including 
the African Union, strongly condemned the coup. Prior to the 
August 6 coup, the then-democratically elected government 
supported nationwide sensitization on a new antislavery law and 
increased public discussion on formerly taboo issues, such as 
ethnic divisions and social injustices. That government also 
supported national reconciliation efforts regarding the 
country's 1989-1991 expulsion of Afro-Mauritanians through the 
launch of a repatriation program in coordination with UN High 
Commissioner for Refugees (UNHCR).
    In Nigeria, the courts continued to adjudicate the results 
of the seriously flawed 2007 presidential, gubernatorial, and 
legislative elections. On December 12, the Supreme Court 
rejected the appeals of two major opposition presidential 
candidates, upholding the election of President Yar'Adua. The 
two opposition leaders respected the court's ruling. Election 
tribunals nullified nine senatorial elections and 11 
gubernatorial elections during the year. Violence continued in 
the oil-producing Niger Delta region, where over 400 persons 
(Nigerian nationals and expatriates) were kidnapped in 
approximately 100 incidents during the year. In November, 
ethno-religious violence erupted in Jos, resulting in the 
deaths of several hundred persons and the displacement of tens 
of thousands. Corruption continued to plague the resource-rich 
country and the Economic and Financial Crimes Commission's 
anticorruption efforts declined, with little progress on 
prosecutions of federal, state, and local officials accused of 
corruption.
    In Somalia, fighting among the Transitional Federal 
Government (TFG)/Ethiopian National Defense Forces and their 
militias, the Council of Islamic Courts militias, 
antigovernment and extremist groups, terrorist organizations, 
and clan militias resulted in widespread human rights abuses, 
including the killing of more than 1,000 civilians, the 
displacement of hundreds of thousands of people, kidnappings 
and disappearances, and attacks on journalists, aid workers, 
civil society leaders, and human rights activists. The 
political process to establish peace and stability in the 
country continued as the TFG and the Alliance for the Re-
liberation of Somalia reached the Djibouti Agreement on June 9 
and began to implement its terms; however, implementation was 
slow and marred by political infighting.
    In Sudan,conflict in Darfur entered its fifth year and 
civilians continued to suffer from the effects of genocide. UN 
data from 2008 indicated that, since it began, the protracted 
conflict has left more than 2.7 million people internally 
displaced and another 250,000 across the border in Chad, where 
they sought refuge. Government, government-aligned militias, 
and intertribal attacks killed civilians. Government forces 
bombed villages, killed internally displaced persons, and 
collaborated with militias to raze villages. The Government 
systematically impeded and obstructed humanitarian efforts, and 
rebels and bandits killed humanitarian workers. Unidentified 
assailants killed several joint AU-UN peacekeeping mission 
troops, and government forces attacked a peacekeeping convoy. 
On May 10, the Justice and Equality Movement, a Darfur rebel 
group, attacked Omdurman, near Khartoum. The Government 
committed wide scale politically- and ethnically-motivated 
detentions and disappearances in Omdurman and Khartoum 
following the attack. The Government severely restricted 
freedom of the press, including through direct and daily 
censorship. Since 2005, when the Comprehensive Peace Agreement 
(CPA) between the North and the South was signed, approximately 
2.1 million displaced persons and refugees have returned to the 
South. However, tensions over the implementation of the CPA 
persisted, and fighting between northern and southern forces 
destroyed much of Abyei town, killing civilians and displacing 
more than 50,000 people.
    Zimbabwe's illegitimate government engaged in the 
systematic abuse of human rights, which increased dramatically 
during the year, in conjunction with an escalating humanitarian 
crisis caused by repression, corruption, and destructive 
economic and food policies, which the Mugabe regime persisted 
in applying despite their disastrous humanitarian consequences. 
Civil society and humanitarian organizations were targeted by 
government and militant groups for their efforts to protect 
citizens' rights and provide life-saving humanitarian 
assistance. A nearly three-month ban on the activities of NGOs 
exacerbated the humanitarian crisis as well as food insecurity 
and poverty. After the ban was lifted, the Mugabe regime 
continued to impede humanitarian access. Millions of 
Zimbabweans were food insecure at year's end.
    The regime's manipulation of the political process, 
including the presidential elections, through intimidation, 
violence, corruption and vote fraud negated the right of 
citizens to change their government. Security forces and ruling 
party supporters killed, abducted, and tortured members of the 
opposition, student leaders, civil society activists and 
ordinary Zimbabweans with impunity. The opposition Movement for 
Democratic Change (MDC) factions gained a parliamentary 
majority in the March 29 election, but the results of the 
presidential race were not released until May 2, calling into 
question the credibility and independence of the Zimbabwe 
Electoral Commission. Government-sponsored violence in the 
period leading up to the June 27 run-off left more than 190 
dead, thousands injured, and tens of thousands displaced. The 
Electoral Commission declared Mugabe the winner of the run-off 
election after MDC candidate Morgan Tsvangirai-who had scored a 
strong plurality in the first round-withdrew because of the 
Mugabe regime's violence directed at the MDC and its supporters 
and out of recognition that a free and fair election was not 
possible. Negotiations mandated by the Southern African 
Development Community (SADC) led to a September 15 power-
sharing agreement; however, due to government intransigence, 
the provisions of the deal had not been implemented by year's 
end and the country remained in crisis.

                       EAST ASIA AND THE PACIFIC

    During the year there were both advances and setbacks in 
human rights in the vast East Asia and the Pacific region, 
particularly in the areas of accountability for past abuses, 
freedom of speech and the press, democratic development, and 
trafficking in persons.
    Countries in the region continued to come to terms with 
past abuses. The Bilateral Commission of Truth and Friendship, 
created to examine the atrocities committed by both Indonesians 
and Timorese during the period surrounding Timor-Leste's 1999 
independence referendum, delivered its final report during the 
year. Indonesian President Yudhoyono acknowledged and accepted 
the report's finding that assigned institutional responsibility 
to the Indonesian Armed Forces. In addition, in August the 
Extraordinary Chambers in the Courts of Cambodia refined its 
internal rules to prosecute more rapidly egregious crimes of 
the 1975-1979 Khmer Rouge regime. However, the trials had still 
not begun by year's end.
    Some countries increased repression in response to popular 
efforts to secure respect for human rights. Vietnam increased 
restrictions on freedom of speech and press, and in China the 
Government increased its severe cultural and religious 
repression of ethnic minorities in Tibetan areas and the 
Xinjiang Uighur Autonomous Region and increased its detention 
and harassment of dissidents and petitioners.
    Other unelected rulers attempted to cloak their 
illegitimacy with trappings of democracy and manipulated the 
law to their own ends. The Burmese regime pushed through a 
constitutional referendum characterized by widespread 
irregularities and intimidation in the immediate aftermath of 
the devastating Cyclone Nargis. While the constitution 
technically came into effect in May, by the constitution's own 
terms, the regime will continue to ``exercise state 
sovereignty'' until multiparty elections are held in 2010. The 
constitution will ensure that the military will continue to 
exercise a dominant role in political life regardless of the 
outcome of any electoral process. At the end of the year, the 
regime imposed draconian sentences on more than 100 democracy 
activists who participated in the 2007 Saffron Revolution and 
individuals who engaged in the Cyclone relief effort. Many were 
moved to prisons in remote parts of the country, isolating them 
from family. In Fiji, the Suva High Court ruled to validate the 
2006 Fiji coup, despite simmering opposition to the interim 
government's refusal to hold elections in March 2009.
    Trafficking in persons was another area where results were 
mixed during the year. Several countries enacted new 
antitrafficking legislation-such as Thailand and Cambodia-and 
began to investigate and prosecute a broader range of 
trafficking offenses, such as the trafficking of men for labor 
exploitation. However, in Malaysia, widespread NGO and media 
reports alleged that Malaysian immigration officials were 
involved in the trafficking of Burmese refugees along the 
Malaysia-Thai border.
Selected Country Developments
    The military regime in Burma continued its oppressive 
methods, denying citizens the right to change their government 
and committing other severe human rights abuses. The regime 
brutally suppressed dissent through extrajudicial killings, 
disappearances, and torture. Human rights and prodemocracy 
activists were harassed, arbitrarily detained in large numbers, 
and sentenced up to 65 years of imprisonment. The regime held 
detainees and prisoners in life-threatening conditions. The 
army continued its attacks on ethnic minority areas. The regime 
routinely infringed on citizens' privacy and restricted freedom 
of speech, the press, assembly, association, religion, and 
movement. Violence and discrimination against women and ethnic 
minorities continued, as did trafficking in persons. Workers' 
rights were restricted and forced labor persisted. The 
Government took no significant actions to prosecute or punish 
those responsible for such abuses. The regime showed contempt 
for the welfare of its own citizens when it persisted in 
conducting a fraudulent referendum in the immediate aftermath 
of a cyclone that killed tens of thousands and blocked and 
delayed international assistance that could have saved many 
lives.
    The Government of China's human rights record remained poor 
and worsened in some areas. The Government continued to limit 
citizens' privacy rights and tightly controlled freedom of 
speech, the press (including the Internet), assembly, movement, 
and association. Authorities committed extrajudicial killings 
and torture, coerced confessions of prisoners, and used forced 
labor. In addition, the Chinese Government increased detention 
and harassment of dissidents, petitioners, human rights 
defenders, and defense lawyers. Local and international NGOs 
continued to face intense scrutiny and restrictions. China's 
human rights record worsened in some areas, including severe 
cultural and religious repression of ethnic minorities in the 
Xinjiang Uighur Autonomous Region and Tibet. Abuses peaked 
around high-profile events, such as the Olympic Games and the 
unrest in Tibet. At the end of the year, the Government 
harassed signatories of Charter '08 who called for respect for 
universal human rights and reform and arrested writer Liu 
Xiaobo for his participation in the drafting of the Charter. In 
October, the Government made permanent temporary Olympic Games-
related regulations granting foreign journalists greater 
freedoms.
    The Government of Malaysia generallyrespected the human 
rights of its citizens; however, there were problems in some 
areas, including the abridgment of its citizens' right to 
change their government. Despite their complaint that the 
ruling party exploited the powers of incumbency, opposition 
parties made significant gains by capturing 82 of 222 
parliamentary seats in March 8 elections, effectively denying 
the ruling coalition the two-thirds supermajority needed to 
amend the constitution at will. The Government continued to 
restrict freedoms of press, association, assembly, speech, and 
religion. The Government arrested opposition leaders and 
journalists. Internet bloggers were arrested for apparently 
political reasons. Deaths in police custody remained a problem, 
as did police abuse of detainees, overcrowded immigration 
detention centers, and persistent questions about the 
impartiality and independence of the judiciary. Some employers 
exploited migrant workers and ethnic Indian-Malaysians with 
forced labor, and some child labor occurred in plantations.
    North Korea's human rights record remained abysmal. While 
the regime continued to control almost all aspects of citizens' 
lives, denying freedom of speech, press, assembly, and 
association, and restricting freedom of movement and workers' 
rights, reports of abuse emerged from the country with 
increased frequency. However, these reports continued to be 
difficult to confirm. Reports of extrajudicial killings, 
disappearances, and arbitrary detention, including of political 
prisoners, continued to paint a grim picture of life inside the 
reclusive country. Some forcibly repatriated refugees were said 
to have undergone severe punishment and possibly torture. 
Reports of public executions also continued to emerge.
    Despite a tumultuous political atmosphere, Thailand avoided 
unconstitutional disruptions in governance. Nevertheless, there 
continued to be reports that police were linked to 
extrajudicial killings and disappearances. Police abuse of 
detainees and prisoners persisted as well, as did corruption 
within the police force. The separatist insurgency in the south 
resulted in numerous human rights abuses, including killings, 
committed by ethnic Malay Muslim insurgents, Buddhist defense 
volunteers, and government security forces. The Government 
maintained some limits on freedom of speech and of the press, 
particularly through the use of lese majeste provisions. 
Members of hill tribes without proper documentation continued 
to face restrictions on their movement; however, the 2008 
Nationality Act, which took effect on February 28, increased 
the possibility of citizenship for hill tribe members.
    The Government of Vietnam continued to restrict citizens' 
rights in significant ways. Citizens could not change their 
government, political opposition movements were prohibited, and 
the Government continued to suppress dissent. Individuals were 
arbitrarily detained for political activities and denied the 
right to fair and expeditious trials. Suspects were abused 
during arrest, detention, and interrogation. Corruption was a 
significant problem among the police force, as was impunity. 
The Government continued to limit citizens' privacy rights and 
freedom of expression. There was a general crackdown on press 
freedom throughout the year, resulting in the firings of 
several senior media editors and the arrest of two reporters. 
These actions dampened what had previously been a trend toward 
more aggressive investigative reporting. Restrictions on 
assembly, movement, and association continued. Independent 
human rights organizations were prohibited. Violence and 
discrimination against women remained a problem, as did 
trafficking in persons. The Government limited workers' rights 
and arrested or harassed several labor activists.

                           EUROPE AND EURASIA

    The key challenges in the region remained: strengthening 
new democracies, stemming government restrictions on and 
repression of human rights NGOs, and addressing hate crimes and 
hate speech while protecting fundamental freedoms against a 
backdrop of migration, rising nationalism, and economic 
recession.
    In several post-Soviet countries, previous gains for human 
rights and democracy were reversed or the slide towards 
authoritarianism continued. A number of elections failed to 
meet democratic standards set by the Organization for Security 
and Cooperation in Europe, and media freedom remained under 
attack. Journalists were killed or harassed, and laws often 
restricted rather than protected freedom of expression.
    During the August conflict that began in the Georgian 
separatist enclave of South Ossetia, military operations by 
Georgian and Russian forces reportedly involved the use of 
indiscriminate force and resulted in civilian casualties, 
including a number of journalists. After the Russians entered 
South Ossetia, there were allegations that South Ossetian 
irregulars engaged in executions, torture, ethnic attacks, and 
random burning of homes, and at least 150,000 Georgian citizens 
were displaced by the fighting. Russian and South Ossetian 
forces occupied villages outside of the administrative borders 
of South Ossetia and Abkhazia, the other separatist region in 
Georgia. Although Russian forces mostly withdrew by October 10 
from the regions outside of Abkhazia and South Ossetia, they 
blocked access to both regions for Georgians and international 
organizations, making it dangerous for residents and difficult 
to monitor conditions in the region with respect to human 
rights and compliance with humanitarian law.
    In many countries, governments impeded the freedom of the 
press. In Azerbaijan, increasing numbers of attacks on 
journalists went unpunished, while journalists themselves 
remained in prison on purported criminal charges. Russia 
remained a dangerous place for journalists, a number of whom 
were killed or brutally attacked during the year. In Belarus, 
President Lukashenka signed a new media law that could further 
restrict press freedoms, including Internet publications. 
Developments in Georgia, including the opposition's loss of 
control of Imedi Television, which had been the sole remaining 
independent national television station, raised significant 
concerns about the state of media diversity.
    NGOs and opposition parties were the targets of government 
oppression in several countries. The Government of Bosnia and 
Herzegovina forced the closure for several days of an 
international anticorruption NGO after a report accusing 
government officials of corruption. In Russia, authorities 
increasingly harassed many NGOs that focused on politically 
sensitive areas and during the year the Government amended the 
law on extremism, making it easier to bring charges against an 
organization. The previous version of the law had already 
raised concerns about restriction of the freedom of association 
and legitimate criticism of the Government. In Belarus, while 
the release of nine political prisoners was welcome, concern 
remained about the Government's arbitrary constraints on 
freedom of assembly and association and its frequent harassment 
of independent activists. In Russia, police sometimes used 
violence to prevent groups from engaging in peaceful protests, 
particularly opposition protests.
    There were both hopeful and troubling indicators for 
democratic governance in the region. On a positive note, 
Kosovo's democratically-elected government successfully 
declared its independence on February 17, and put in place a 
constitution and laws with model provisions for human rights. 
Unfortunately, other nations did not have such encouraging 
results. The February presidential elections in Armenia were 
significantly flawed and followed by days of peaceful protests 
that the Government ultimately put down violently. In Russia, 
the March presidential election was marked by problems both 
during the campaign period and on Election Day,including bias 
by government-controlled or -influenced media in favor of the 
ruling party and its candidates, authorities' refusal to 
register opposition party candidates, lack of equal opportunity 
for conducting campaigns, and ballot fraud. Parliamentary 
elections in Belarus fell significantly short of OSCE 
commitments for democratic elections, and all of the 110 
declared winners were government supporters. Elections in 
Azerbaijan failed to meet key OSCE commitments.
    Human rights concerns were not limited to the eastern 
portion of the continent. A number of the well-established 
democracies of western and central Europe wrestled with 
continuing challenges resulting from the large influx of new 
migrants from the Middle East, Africa, and elsewhere that 
strained economic and social resources and led to restrictive 
practices toward immigrants and many charges of mistreatment. 
In many countries, detention facilities for undocumented 
migrants suffered from poor conditions and were inferior to 
those for other detained individuals. The majority of hate 
crimes in Ukraine during the year involved people of African, 
Middle Eastern, and Asian origin. In Russia the disturbing and 
steady rise in xenophobic, racial, and ethnic attacks 
continued. There were manifestations of anti-Semitism in many 
countries in the region and incidents of violent anti-Semitic 
attacks remained a concern. In a number of countries, including 
Italy and Hungary, members of the Roma community were targets 
of societal violence, which in some cases was more frequent and 
lethal than in previous years.
    France, Germany, the Netherlands, Switzerland, and the 
United Kingdom sought to outlaw hate speech in order to protect 
minorities from discrimination and violence. However, some 
human rights observers worried that this impinged on free 
speech.
Selected Country Developments
    There were significant setbacks for democracy in Armenia, 
including the worst post-election violence seen in the Caucasus 
in recent years. After weeks of generally peaceful protests 
following a disputed February presidential election, the 
Government used force to disperse protestors on March 1-2, 
which resulted in violent clashes and 10 deaths. The violence 
ushered in a 20-day state of emergency and a blackout of 
independent media during which the Government severely 
curtailed civil liberties. During the remainder of the year, 
there were significant restrictions on the right to assemble 
peacefully or express political opinions freely without risk of 
retaliation, and several opposition sympathizers were convicted 
and imprisoned with disproportionately harsh sentences for 
seemingly political reasons. Fifty-nine opposition sympathizers 
reportedly remained imprisoned on seemingly political grounds 
at year's end; no government officials were prosecuted for 
their alleged role in election-related crimes. Despite the 
mixed success of a politically-balanced fact-finding group 
established by the Government to investigate the March events, 
the climate for democracy was further chilled by harassment, 
intimidation, and intrusive tax inspections against independent 
media and civil society activists.
    In Azerbaijan, Ilham Aliyev was re-elected president for a 
second term in October in a process that international 
observers assessed did not meet international standards for a 
democratic election, despite some government improvement in the 
administration of the election. Shortcomings included serious 
restrictions on political participation and media, pressure and 
restrictions on observers, and flawed vote counting and 
tabulation processes. During the year restrictions and pressure 
on the media worsened. A media-monitoring NGO reported that 
during the first half of the year there were 22 acts of verbal 
or physical assault on journalists, up from 11 in the same 
period of 2007, with no accountability. Several journalists 
remained imprisoned on charges that many criticized as 
politically motivated. On December 30, the Government announced 
that as of January 1, 2009, it would no longer permit Radio 
Free Europe/Radio Liberty, Voice of America, or BBC to continue 
to broadcast on national television and FM radio frequencies; 
without these international broadcasters, the public no longer 
had access to unbiased news on any widely accessible broadcast 
media.
    In Belarus, the Government's human rights record remained 
very poor, and authorities continued to commit frequent serious 
abuses. Despite prior government assurances, parliamentary 
elections in September were neither free nor fair. Authorities 
failed to account for past politically motivated 
disappearances. Prison conditions remained extremely poor, and 
reports of abuse of prisoners and detainees continued. The 
judiciary lacked independence. The Government further 
restricted civil liberties, including freedoms of press, 
speech, assembly, association, and religion. State security 
services used unreasonable force to disperse peaceful 
protesters. Corruption remained a problem. NGOs and political 
parties were subjected to harassment, fines, prosecution, and 
closure. Religious leaders were fined or deported for 
performing services and some churches were closed.
    In Georgia, PresidentMikheil Saakashvili was reelected in 
January in an election that international observers found 
consistent with most OSCE democratic election commitments. 
However, they also highlighted significant challenges, 
including widespread allegations of intimidation and pressure 
and flawed vote counting. Problems also were noted in 
parliamentary elections in May. There were allegations of 
politically motivated detentions. Media diversity was reduced 
when opposition voices lost control over the one remaining 
independent national television station. During the August 
conflict, military operations by Georgian and Russian forces 
reportedly involved the use of indiscriminate force and 
resulted in civilian casualties, including of a number of 
journalists.
    The Russian Federation continued a negative trajectory in 
its overall domestic human rights record with numerous reports 
of government and societal human right problems and abuses 
during the year. During the August conflict, military 
operations by Georgian and Russian forces reportedly involved 
the use of indiscriminate force and resulted in civilian 
casualties, including of a number of journalists. The 
Government's human rights record remained poor in the North 
Caucasus with security forces reportedly engaged in killings, 
torture, abuse, violence, and other brutal treatment, often 
with impunity. In Chechnya, Ingushetiya, and Dagestan, security 
forces allegedly were involved in unlawful killings and 
politically motivated abductions; for a second year, there was 
a significant increase in the number of killings, usually by 
unknown assailants, of both civilians and officials in 
Ingushetiya.
    Civil liberties continued to be under siege, reflecting an 
erosion of the Government's accountability to its citizens. 
Government pressure weakened freedom of expression and media 
independence, and it remained a dangerous environment for media 
practitioners. Five journalists were killed during the year, in 
one case in Ingushetiya by police. Killings of journalists in 
past years remained unresolved. The Government limited freedom 
of assembly, and police sometimes used violence to prevent 
groups from engaging in peaceful protest. Authorities' 
hostility toward, and harassment of some NGOs, in particular 
those involved in human rights monitoring, as well as those 
receiving foreign funding, reflected an overall contraction of 
space for civil society. Given an increasingly centralized 
political system where power is concentrated in the presidency 
and the office of prime minister, the problems that occurred in 
the December 2007 Duma elections were repeated in the March 
presidential elections, which failed to meet many international 
standards.

                       NEAR EAST AND NORTH AFRICA

    Continued serious challenges for the promotion of democracy 
and human rights characterized the Middle East region during 
the year, though there were some notable steps forward.
    Several governments, including Egypt, Iran, Libya, and 
Syria, continued to imprison activists because of their 
beliefs. Ayman Nour, the runnerup in the 2005 Egyptian 
presidential election, remained in prison in Egypt throughout 
the reporting period (although he was released on February 18, 
2009). Iran's government regularly detains and persecutes 
women's rights and student activists, labor unionists, and 
human rights defenders. Iranian authorities continued to crack 
down on civil society institutions, notably by closing the 
Center for the Defense of Human Rights on December 21 as it 
prepared to celebrate the 60th anniversary of the Universal 
Declaration of Human Rights. The Government of Libya announced 
in March that it had released political activist Fathi El-
Jahmi, but he remained in detention at the Tripoli Medical 
Center during the year and was granted only sporadic visits by 
his family. In Syria, the Government detained several high-
profile members of the human rights community, particularly 
individuals affiliated with the national council of the 
Damascus Declaration for Democratic National Change, an 
umbrella organization of reformist opposition groups.
    Along with greater access to information through the 
Internet and satellite television came greater restrictions on 
media, including Internet bloggers. In Egypt, police detained 
and allegedly tortured bloggers. Iran's best-known blogger, 
Hossein Derakhshan, was arrested late in the year. Tunisia 
regressed on media freedom, with authorities arresting or 
harassing bloggers. In Iraq, journalists continued to struggle 
for safety while reporting on politics, women's rights, and 
homosexuality. Although the number of killings of journalists 
in Iraq dropped last year, the death rate remained high.
    Many countries in the region continued to restrict 
religious freedom and expression. Iran detained seven leaders 
of the Baha'i faith since May, and the Iranian president 
continued to denounce the existence of Israel. Saudi Arabia 
strictly prohibited public worship of faiths other than Sunni 
Islam, and religious minorities faced discrimination in access 
to education, employment, and representation in government. 
Members of religions that are not recognized by the Government 
experienced personal and collective hardship in Egypt. Other 
countries, such as Bahrain and Algeria, enacted discriminatory 
legislation or, like Jordan, continued to implement policies 
that favored the majority religions.
    Legal and societal discrimination as well as violence 
against women continued throughout the region. Iranian women's 
rights activists were harassed, abused, arrested, and accused 
of ``endangering national security" for participating in 
peaceful protests and demanding equal treatment under Iranian 
law through the One Million Signatures Campaign. However, other 
countries in the region witnessed incremental progress on 
women's rights and women actively sought leadership roles in 
local and national governments. In Kuwait, 27 women ran for 
office in May 2008 national elections, although none of the 
female candidates won. Also during the year, the UAE appointed 
its first female judge and two female ambassadors.
    Some countries in the Near East have taken significant 
steps over the past several years to address worker abuse and 
to raise labor standards. Oman and Bahrain enacted 
comprehensive laws to combat human trafficking and Jordan 
extended labor law protections to expatriate household workers. 
Significant challenges remain, however, regarding protection 
for foreign workers and implementation of existing labor laws 
and regulations for all workers, especially for construction 
and household workers.
Selected Country Developments
    In Egypt, there was a decline in the Government's respect 
for freedoms of speech, press, association, and religion during 
the year. In particular, detentions and arrests of Internet 
bloggers appeared to be linked primarily to their efforts to 
organize demonstrations through their blogs and participation 
in street protests or other activism. The state of emergency, 
enacted in 1967, remained in place, and security forces used 
unwarranted lethal force and tortured and abused prisoners and 
detainees, in most cases with impunity.
    The Government of Iran intensified its systematic campaign 
of intimidation against reformers, academics, journalists, and 
dissidents through arbitrary arrests, detentions, torture, and 
secret trials that occasionally end in executions. Executions 
of defendants who were juveniles at the time of their arrest 
continued. Iranian-American dual nationals, as well as Iranians 
with contacts in or travel to the United States, continued to 
be targets of intimidation and harassment. Prior to 
parliamentary elections in March, the Guardian Council 
disqualified almost 1,700 reformist candidates.
    The general security situation throughout Iraq 
substantially improved and some reconciliation and easing of 
tensions occurred in several provinces. However, continuing 
insurgent and extremist violence against civilians undermined 
the Government's ability to uphold the rule of law, resulting 
in widespread and severe human rights abuses. However, there 
were positive developments including the passage of the 
Provincial Election Law on September 24 calling for elections 
in 14 Arab majority provinces on January 31, 2009, with 
elections later in the year in the three Kurdish provinces and 
Tameem (Kirkuk). The November 16 adoption of a law authorizing 
the establishment of the constitutionally mandated Independent 
High Commission for Human Rights also marked a step forward to 
institutionalize protection of those rights.
    In Jordan, civil society activists expressed concern abouta 
new law on associations. The law, which has yet to be 
implemented, allows the Government to deny registration of NGOs 
for any reason; dissolve associations; and intervene in the 
management, membership, and activities of NGOs. According to 
international and local NGOs prisons continued to be 
overcrowded and understaffed with inadequate food and health 
care and limited visitation. Although Jordanian law prohibits 
torture, Human Rights Watch reported that torture remained 
widespread and routine. There were reports by citizens and NGOs 
that political prisoners, including Islamists convicted of 
crimes against national security, received greater abuse than 
other prisoners, and guards abused prisoners with impunity. 
Women held a limited number of government leadership positions, 
albeit at levels higher than elsewhere in the region; at the 
same time, domestic violence and so-called honor crimes 
persisted. A 2007 press law abolished imprisonment of 
journalists for ideological offenses; however, limited 
detention and imprisonment of journalists for defamation and 
slander continued through provisions in the penal code. Many 
journalists reported that the threat of stringent fines led to 
self-censorship. In July the Labor Law was amended to include 
agriculture workers and domestic servants, placing them under 
some legal protections.
    For a fourth consecutive year, internal violence and 
political battles hindered Lebanon's ability to improve the 
country's human rights situation. On May 7, opposition fighters 
led by Hizballah, a Shia opposition party and terrorist 
organization, seized control of Beirut International Airport 
and several West Beirut neighborhoods. On May 21, after 84 died 
and approximately 200 were wounded, rival leaders reached a 
deal to end the violence and the 18-month political feud. 
Despite the cessation of hostilities and parliament's May 
election of President Michel Sleiman, Hizballah retained 
significant influence over parts of the country, and the 
Government made no tangible progress toward disbanding and 
disarmingarmed militia groups, including Hizballah.
    The Syrian government continued to violate citizens' 
privacy rights and to impose significant restrictions on 
freedoms of speech, press, assembly, and association, in an 
atmosphere of government impunity and corruption. Security 
services disrupted meetings of human rights organizations and 
detained activists, organizers, and other regime critics 
without due process. Throughout the year, the Government 
sentenced to prison several high-profile members of the human 
rights community, especially individuals affiliated with the 
national council of the Damascus Declaration for Democratic 
National Change (DDDNC), an umbrella organization of reformist 
opposition groups.
    In Tunisia, the Government continued its systematic, severe 
repression of freedom of expression and association. The 
Government remained intolerant of public criticism by human 
rights and opposition activists and used intimidation, criminal 
investigations, and violent harassment of editors and 
journalists to discourage criticism. Authorities strictly 
censored publications both in print and on line, and routinely 
harassed journalists. Security forces killed a political 
protestor during the year and detainees faced torture, sexual 
assault, and coercion in attempts to elicit confessions.

                         SOUTH AND CENTRAL ASIA

    Significant attacks on basic rights, including the freedoms 
of expression, religion, and association, marked 2008 in South 
and Central Asia.
    A number of governments in the region continued to harass 
individual journalists and media outlets, and several countries 
continued to restrict free access to information on the 
Internet, particularly in Central Asia. In Kyrgyzstan, the 
Government removed programs of a prominent independent 
broadcaster from state-run radio and television. A government-
controlled Internet provider in Kazakhstan intermittently 
blocked specific news and opposition-focused Web sites. Both 
governments levied heavy criminal libel penalties against 
journalists and, in some cases, the journalists left the 
country due to fear for their own safety. As in years past, 
journalists working in Turkmenistan were subject to government 
harassment, arrest, detention in psychological clinics, and 
violence. In Afghanistan, the Government convicted a student 
journalist of blasphemy and sentenced him to death for 
distributing an article he downloaded from the Internet about 
women's rights in Islam; an appeals court reduced the sentence 
to 20 years in prison. In Pakistan, arrests of journalists 
declined following the election of a new government. Even so, 
unidentified actors continued to intimidate, abduct, and kill 
journalists, particularly in regions of internal conflict. In 
Sri Lanka, defense and government officials made threatening 
statements against independent media outlets in the aftermath 
of several unresolved attacks against members of the free 
press.
    Freedom of religion came under attack in the region with 
the parliaments of Kazakhstan, Kyrgyzstan, and Tajikistan 
introducing laws that would increase restrictions on religious 
freedom, disproportionately affecting religious minorities, and 
through violence against minorities in the Indian state of 
Orissa. These actions took place in the context of increased 
harassment of minority religious groups by the Governments of 
Kazakhstan and Tajikistan and continued harassment by the 
government of Uzbekistan. Turkmenistan welcomed a visit by the 
UN Special Rapporteur on Freedom of Religion or Belief, but the 
Government closely controlled and monitored all religious 
activity.
    Significant issues remained on labor rights across the 
region. Child labor continued in agriculture and manufacturing 
sectors in Afghanistan, Pakistan, and India. There was 
widespread child labor in Kyrgyzstan and Tajikistan in cotton 
and other sectors, and Uzbekistan continued to compel many 
schoolchildren to work in the cotton harvest. Although the 
Government of Kazakhstan is making strides to eliminate child 
labor, the practice still occurs in the cotton and tobacco 
sectors. Forced labor, especially in the large informal sectors 
and among socially disadvantaged minorities, continued in 
Nepal, Pakistan, and India. Labor organizers in Bangladesh 
reported acts of intimidation and abuse as well as increased 
scrutiny by security forces.
    Although some governments in the region restricted 
political opposition and prohibited genuine electoral 
competition, there were several improvements with regard to 
elections and political competition in South Asia. In Pakistan, 
the two main opposition parties, Pakistan People's Party and 
the Pakistan Muslim League-Nawaz, together won majority seats 
in competitive parliamentary elections and formed a coalition 
government ending nine years of military rule. The people of 
Maldives elected a former political prisoner as president in a 
free and fair election, peacefully unseating the longest-
serving Asian leader. The Afghan Independent Election 
Commission led preparatory efforts for Afghanistan's second 
round of elections since the fall of the Taliban. Elections in 
Nepal produced the most diverse legislature in the country's 
history, and the new parliament subsequently declared Nepal a 
federal democratic republic, peacefully dissolving the 
monarchy. Bangladesh held free and fair parliamentary elections 
with isolated irregularities and sporadic violence. The 
elections and subsequent peaceful transfer of power ended two 
years of rule by a military-backed caretaker government. In 
Bhutan, elections for the lower house of parliament completed 
the country's transition to a constitutional and limited 
monarchy with genuine popular oversight and participation.
Selected Country Developments
    Although human rights in Afghanistan have improved 
significantly since the fall of the Taliban in 2001, the 
country's record remained poor due to weak central government 
institutions and a deadly insurgency. The Taliban, Al-Qa'ida, 
and other extremist groups continued attacks against government 
officials, security forces, NGOs and other aid personnel, and 
unarmed civilians. There were continued reports of arbitrary 
arrests and detentions, extrajudicial killings, torture, and 
poor prison conditions. Government repression and armed groups 
prevented the media from operating freely.
    In Bangladesh, levels of violence declined significantly 
and the caretaker government oversaw successful elections, but 
the Government's human rights record remained a matter of 
serious concern. The state of emergency, which the Government 
imposed in January 2007 and lifted on December 17, curtailed 
many fundamental rights, including freedom of expression, 
freedom of association, and the right to post bail. The 
Government's anticorruption drive was greeted by popular 
support but gave rise to concerns about fairness and equality 
under the law. Although the number of extrajudicial killings 
decreased, security forces committed serious abuses, including 
extrajudicial killings, custodial deaths, arbitrary arrest and 
detention, and harassment of journalists. Some members of 
security forces acted with impunity and committed acts of 
torture, and the Government failed to investigate fully 
extrajudicial killings.
    In Kazakhstan,the political opposition faced government 
harassment via politically motivated criminal charges and 
restrictions on freedom of assembly. The Government continued 
to harass independent and opposition-oriented media outlets and 
journalists. At year's end, the Government was considering 
amendments to laws governing political parties, media, and 
elections. Some civil society representatives and opposition 
parties criticized the process as lacking transparency. The 
Government was also considering amendments to the religion law 
that, if enacted, would represent a serious step backward for 
religious freedom.
    Although Kyrgyzstan has a vibrant civil society and 
independent media, in the past year the Government increasingly 
sought to control various aspects of civil life. New laws or 
amendments placed restrictions on public assembly, religious 
freedom, and media. In October, the National Television and 
Radio Network took Radio Free Liberty/Radio Europe off the air, 
reducing the public's access to this independent source of 
information. The Central Election Commission chairwoman fled 
the country after claiming she had been pressured by the 
president's son over registering an opposition candidate for 
October local council elections.
    Nepal became a federal democratic republic shortly after 
national elections in April produced the most diverse 
legislature in the country's history. Although there were 
reports of political violence, intimidation, and voting 
irregularities, observers reported that the elections reflected 
the will of the people. Violence, extortion, and intimidation 
continued throughout the year; and impunity for human rights 
violators, threats against the media, arbitrary arrest, and 
lengthy pretrial detention were serious problems. Members of 
the Maoists, the Maoist-affiliated Young Communist League, and 
other small, often ethnically based armed groups committed 
numerous grave human rights abuses. Such abuses included 
arbitrary and unlawful use of lethal force, torture, and 
abduction. Several armed groups, largely in the Terai region, 
attacked civilians, government officials, members of particular 
ethnic groups, each other, or Maoists.
    Pakistan returned to civilian democratic rule during the 
year. Opposition parties prevailed in February parliamentary 
elections and formed a coalition government. The coalition 
lasted only part of the year though the Government remains in 
power. In September, Asif Ali Zardari, widower of former Prime 
Minister Benazir Bhutto, succeeded Pervez Musharraf as 
president. The new government put back on the bench under a new 
oath five of the 13 Supreme Court judges Musharraf deposed 
during the November 2007 state of emergency, while three 
retired or resigned. The chief of army staff withdrew 3,000 
army officers from civilian government posts they held during 
Musharraf's tenure. Despite these positive steps, the human 
rights situation remained poor. Military operations in the 
country's northwest killed approximately 1,150 civilians, 
militant attacks in that region killed 825 more civilians, 
sectarian violence in the country killed an estimated 1,125 
persons, and suicide bombings killed more than 970 individuals. 
Ongoing battles with militants left approximately 200,000 
persons displaced at year's end.
    In Sri Lanka, the democratically elected government's 
respect for human rights declined as armed conflict escalated 
in the country's 25-year civil war. By year's end, there was 
little movement on political inclusion of minorities and they 
continued to suffer the majority of human rights abuses, such 
as killings and disappearances. The Government expelled most 
international humanitarian assistance providers from the 
northern conflict zone. Although the Government took initial 
steps to address the use of child soldiers by progovernment 
militias, the problem was not resolved. The Government failed 
to investigate and prosecute any security forces for human 
rights violations and to implement constitutional provisions 
that would provide oversight of government institutions. Civil 
society was intimidated and independent media and journalists 
came under particular pressure through attacks and threats from 
pro-government actors.
    Although there were modest improvements, the Government of 
Turkmenistan continued to commit serious abuses and its human 
rights record remained poor. Political and civil liberties 
continued to be severely restricted. In June authorities 
arrested former activist and former political prisoner Gulgeldy 
Annaniyazov after he allegedly reentered the country illegally 
and sentenced him in a closed trial to 11 years in prison. 
December parliamentary elections fell far short of 
international standards. The Government continued its effort to 
revise laws, including its constitution, to bring them into 
conformity with relevant international conventions.
    The Government of Uzbekistan took steps to address human 
rights concerns such as defendants' rights, trafficking in 
persons, and child labor in the cotton industry. However, 
serious human rights abuses continued and torture remained 
systemic in law enforcement. Authorities compelled many 
children to pick cotton, at times under poor living conditions. 
Human rights activists and journalists who criticized the 
Government continued to be subjected to harassment, arbitrary 
arrest, politically motivated prosecution, and torture.

                           WESTERN HEMISPHERE

    Governments in the region continued to address past human 
rights abuses by working to ensure justice for victims and to 
end impunity. In Colombia, a number of commanding officers were 
under investigation for gross human rights violations. The 
Prosecutor General's Office was investigating 27 military 
officials, including three generals and four colonels, 
dismissed from the Armed Forces in late October for their 
alleged involvement in the murder of 11 youths from Soacha, 
near Bogot . Several investigations continued in Chile and 
Argentina, and a number of judgments were handed down in cases 
related to abuses of the 1970s and 1980s. In Peru, the state 
continued prosecutions against former president Fujimori and 
other former government officials for corruption and serious 
human rights abuses. Forensic anthropology teams exhumed the 
remains and began identifying the bodies of hundreds of persons 
forcibly disappeared or massacred and buried in clandestine 
graves during the 1980s and 1990s. The UN-led Commission 
Against Impunity in Guatemala continued its investigation of 15 
high-profile human rights cases involving femicide, killings of 
bus drivers, trafficking in persons, and attacks against and 
killings of trade unionists and human rights defenders.
    In general, electoral institutions throughout the Western 
Hemisphere maintained the independence and rigor they have 
gained in recent years. Various electoral processes, such as 
the presidential election in Paraguay, the presidential primary 
in Honduras, and referendums in Bolivia and Ecuador, were 
judged generally free and fair. There were exceptions, however. 
In Nicaragua, the municipal elections were marred by widespread 
fraud, intimidation, and violence. In Venezuela, the 
comptroller general declared nearly 300 (mostly opposition) 
mayoral and gubernatorial candidates ineligible to run due to 
administrative infractions.
    In some cases governments used democratic processes, such 
as constitutional referendums, to pursue policies that 
threatened to undermine democratic freedoms and institutions, 
reduce checks and balances, or consolidate power in the 
executive branch. In Ecuador, the 2008 Constitution contains 
provisions requiring media to provide the Government free 
airtime, prompting concerns that freedom of speech and press 
will be affected. In Venezuela, the passage of 26 ``enabling'' 
laws, some of which reflect aspects of the failed 2007 
constitutional referendum, feature clauses that reduce the 
scope of authority of elected officials, and promote 
centralization of power.
    There were threats to press freedom. In Venezuela, 
independent media outlets and journalists continued to be 
subjected to public harassment and intimidation by high-ranking 
government officials on state-owned media, and the independent 
Venezuelan television station Globovision was the target of a 
tear gas attack by pro-government supporters. The Nicaraguan 
Government used administrative, judicial, and financial 
measures to undermine the exercise of freedom of speech. 
Although Bolivia's Government generally respected press 
freedom, it maintained an antagonistic relationship with the 
press. Several NGOs alleged that President Morales and 
government officials made disparaging statements regarding the 
press, condoning violence against journalists and media 
outlets, politicizing state-produced media content, and 
promulgating laws designed to restrict independent media.
    Cuba continued to be the hemisphere's only totalitarian 
state after an undemocratic transfer of power from Fidel Castro 
to his brother, Raul.
Selected Country Developments
    In Bolivia, government efforts to bring a controversial new 
constitution to a national referendum, opposition claims for 
greater regional autonomy, and competing demands for government 
funds led to a series of violent confrontations and large-scale 
road blockades. The violence peaked in September in Pando 
Department with 13 deaths and the illegal, prolonged detainment 
of the governor. In May and June, eastern departments held 
autonomy referenda, which the federal government refused to 
recognize and the international community declined to monitor. 
A nationwide recall referendum in August left most prefects 
(governors) and President Evo Morales in office, strengthening 
the president's Movement Toward Socialism party and its efforts 
to hold a national vote on a new constitution.
    Against the backdrop of its 44-year armed conflict with 
terrorist organizations, the Government of Colombia continued 
efforts to improve human rights, particularly in implementing 
its Justice and Peace Law, a process that has helped clarify 
approximately 164 thousand crimes and led to reform of the 
military justice system. During the first 10 months of the 
year, killings decreased by 6 percent and kidnappings by 14 
percent compared with 2007, while investigations of links 
between politicians and paramilitary groups implicated 70 
congressmen and 15 governors, a number of whom have been 
imprisoned. Nonetheless, numerous societal problems and 
governmental human rights abuses persisted, including unlawful 
killings, insubordinate-military collaboration with illegal 
armed groups, and harassment of journalists and human rights 
groups. Terrorist organizations, notably the Revolutionary 
Armed Forces of Colombia and the National Liberation Army, 
committed serious human rights abuses, including political and 
other killings, kidnappings, massive forced displacements, 
recruitment of child soldiers, and attacks against human rights 
activists, teachers, and trade unionists.
    In Cuba, there was an increase in suppression of freedom of 
speech and of assembly compared to the previous year. 
Harassment of dissidents intensified, including the beating of 
activists by security officials or government-organized mobs. 
The Government also increased its use of brief detainments and 
subsequent release without charges to intimidate activists and 
prevent them from organizing. At least 219 political prisoners 
remained imprisoned in squalid and life-threatening conditions, 
which included beatings and denial of medical treatment. Those 
released during the year had served their full sentences. The 
Government continued to restrict citizens' access to 
independent information, and in particular sought to restrict 
Internet access, despite permitting individual citizens to own 
personal computers for the first time.
    Guatemala made efforts to improve its human rights 
situation. The UN-led Commission Against Impunity in Guatemala 
continued its investigation of high-profile human rights cases 
and expanded its investigative capacity through the creation of 
a new unit of prosecutors. However, there continued to be 
widespread violence and impunity. Members of the national 
police committed unlawful killings, and in many cases 
authorities transferred individual police officers or dismissed 
them rather than investigate and prosecute alleged wrongdoers. 
Other violence stemmed from gang incidents, sexual assault, 
extortion, organized crime, and narcotics trafficking. Trade 
unionists were threatened with violence or killed by unknown 
assailants. Government corruption remained a serious issue, 
with public surveys indicating a lack of confidence in nearly 
all governmental institutions.
    Nicaragua's ruling Sandinista government excluded credible 
international observers from the November municipal elections, 
which were marred by widespread fraud, irregularities, and 
intimidation. The country continued to suffer from lack of 
respect for the rule of law, systemic corruption, and 
politicization of the judiciary and other government organs. 
The Government and other actors intimidated and harassed 
journalists and civil society groups that did not support 
official policies.
    In Venezuela, the NGO community noted an erosion of both 
democratic and human rights, with potentially severe 
consequences. During the year, the National Assembly passed 26 
laws that featured clauses reducing the scope of authority of 
elected officials and promoting centralization of power. The 
Government drew international criticism and accusations of 
unconstitutionality by declaring 272 candidates for municipal 
and gubernatorial elections ineligible to run; the majority of 
these were opposition candidates. President Chavez declared his 
intention to establish another constitutional referendum-on 
February 15, 2009-that would again attempt to abolish term 
limits for the president, and for the first time for all 
elected officials. There were numerous and substantive 
hindrances and threats to freedom of expression, including 
media freedom. Government officials publicly harassed and 
intimidated independent media outlets and journalists on state-
owned media. The Government sued an independent Venezuelan 
television station, alleging that the network had promoted the 
assassination of President Chavez. Individuals and media 
networks also were accused of fomenting violence and 
destabilizing the Government after they made statements that 
were critical of, or urged action in opposition to, the 
Government. Government institutions and officials and 
government-affiliated media outlets promoted anti-Semitism 
through numerous anti-Semitic comments, which had a spillover 
effect into society, taking the form of anti-Semitic 
expression, caricatures, vandalism, and other physical attacks 
against Jewish institutions.

                               Conclusion

    December 10, 2008, marked the 60th anniversary of the 
adoption of the Universal Declaration of Human Rights by the 
United Nations General Assembly. In the decades since the 
Declaration's adoption, there have been remarkable gains on 
every continent for the rights it enumerates. Still, 60 years 
later, hundreds of millions of people are denied fundamental 
freedoms by their governments.
    The United States is a country founded on human rights and 
the rule of law. In publishing these reports, we seek to be a 
source of information, hope and help to people everywhere who 
are oppressed, silenced, and marginalized. We are inalterably 
committed to working at all levels-national, regional, and 
global-to ensure that the human rights enshrined in the 
Universal Declaration are protected and respected.

 
                                 AFRICA

                              ----------                              


                                 ANGOLA

    Angola is a constitutional republic with an estimated population of 
16 million. The ruling Popular Movement for the Liberation of Angola 
(MPLA), led by President Jose Eduardo dos Santos since 1979, has been 
in power since independence in 1975 and exercised tight, centralized 
control over government planning, policymaking, and media outlets. On 
September 5 and 6, the Government held the first post-war legislative 
elections since 1992. Domestic and international observers reported 
that polling throughout the country was peaceful and generally 
credible, despite a ruling party advantage due to state control of 
media and other resources, and serious logistical failures that marred 
polling in the capital of Luanda. Civilian authorities generally 
maintained effective control of the security forces.
    The Government's human rights record remained poor, and there were 
numerous, serious problems. Human rights abuses included: the 
abridgement of citizens' right to elect officials at all levels; 
unlawful killings by police, military, and private security forces; 
security force torture, beatings, and rape; harsh prison conditions; 
arbitrary arrest and detention; official corruption and impunity; 
judicial inefficiency and lack of independence; lengthy pretrial 
detention; lack of due process; restrictions on freedom of speech, 
press, assembly, and association; forced evictions without 
compensation; and discrimination, violence, and abuse perpetrated 
against women and children.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed politically 
motivated killings; however, human rights activists and domestic media 
sources reported that security forces arbitrarily killed 23 persons 
during the year.
    Impunity remained a problem, although the Government prosecuted 
some human rights violators. Results of investigations into security 
force abuses were seldom released.
    Domestic media and local human rights activists reported that 
police use of excessive force resulted in killings.
    During the year there were multiple media reports in Luanda that 
police deliberately targeted and killed persons suspected of gang and 
other criminal activity.
    On July 23, five policemen shot and killed eight teenagers. While 
the policemen claimed to be part of a special gang task force tasked 
with ridding neighborhoods of gang members, the national police denied 
the existence of the task force and relieved the policemen of duty. 
Prosecutors charged the policemen with murder, and they remained in 
police custody awaiting trial at year's end.
    An investigation was still pending regarding a 2007 police killing 
of two actors while they filmed a movie in a high-crime area of Luanda. 
The police declined to prosecute the alleged perpetrators, stating they 
could not be positively identified.
    In December 2007 police shot and killed two vendors in an open-air 
market during a raid on vendors of pirated DVDs. The minister of 
interior and national police commander immediately suspended the 
officers in question and promised a swift investigation. The Government 
was still considering civil criminal charges against the accused police 
officers at year's end.
    The Memorandum of Understanding for Peace and Reconciliation for 
Cabinda Province, signed in 2006, largely brought an end to the 
insurgency in the province, although sporadic attacks by dissident 
factions of the Front for the Liberation of the Enclave of Cabinda 
(FLEC) and counter-insurgency operations by the Armed Forces of Angola 
(FAA) continued during the year. In 2007 there was one report of an 
unlawful killing in Cabinda that could be linked to FAA soldiers. The 
incident remained under investigation. There were no updates during the 
year regarding the 2006 unlawful killing in Cabinda linked to FAA 
soldiers.
    Reports of killings by private security companies in diamond 
concession areas continued. While local or Luanda-based authorities 
investigated some cases, no arrests were reported.
    There were reports of vigilante violence during the year. Between 
April and July, residents of the Luanda suburb Rocha-Pinto lynched 
thieves who killed a pregnant woman while stealing her cell phone.
    Some media reported that police accepted payments from families of 
murder victims to execute alleged perpetrators.
    There were no further developments in the numerous alleged 2007 or 
2006 unlawful killings by police.
    Landmines placed during the long civil war continued to be a 
threat. According to the National Commission for Demining and 
Humanitarian Assistance, landmine and other explosive remnants of war 
(ERW) accidents killed 18 and injured 43 during the year. The 
Government continued to strengthen and expand national demining 
capacity during the year, and it partnered extensively with 
international nongovernmental organizations (NGOs) on demining 
operations and mine risk education.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. However, there were media reports that persons taken 
into police or military custody disappeared.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
government security forces tortured, beat, and otherwise abused 
persons. Reports of beatings and other abuses in police stations during 
interrogations were common. In a September 2007 visit to the country, 
the UN Working Group on Arbitrary Detentions (UNWGAD) reported a number 
of detainees with visible signs of torture. Police and other security 
forces rarely were held accountable. Although the Government punished 
some violators administratively, no prosecutions occurred during the 
year.
    Abuses by the army continued. There were NGO and media reports of 
violence by security forces in Cabinda and Lunda Norte. In Cabinda FAA 
troops illegally detained, beat, or threatened citizens suspected of 
FLEC collaboration during anti-insurgency operations, according to 
human rights NGOs.
    The Government continued to conduct operations throughout the 
country to identify, detain, and expel illegal immigrants, particularly 
in the diamond-rich provinces of Lunda Norte and Lunda Sul, and mainly 
during the months leading up to September's legislative election. The 
Office of the UN High Commissioner for Refugees (UNHCR) estimated that 
more than 200,000 illegal immigrants were expelled during the year. 
There were reports of violence and degrading treatment associated with 
these operations. In June international observers based in Democratic 
Republic of Congo (DRC) reported cases of extortion, theft, and 
physical and sexual violence against the Congolese committed by Angolan 
security forces.
    In December 2007 the NGO Doctors Without Borders (MSF) reported 
that illegal Congolese immigrants detained in Lunda Norte were 
systematically raped. MSF also reported beatings, forced labor, 
withholding of food and water, and repeated body cavity searches 
without the use of gloves as the authorities moved immigrants to the 
DRC border for expulsion. Several children died from malnourishment and 
dehydration. Although the women stated that they were abused by 
``soldiers,'' it remained unclear if the abusers were FAA, national or 
border police, or armed and uniformed private security forces. The UN 
Children's fund (UNICEF) also reported allegations of excessive use of 
force by government security forces during expulsions, including the 
burning of houses, arbitrary arrests, sexual violence, extortion, and 
forced labor. Three Congolese workers reportedly died while in custody. 
The FAA had not commented publicly on the findings of its investigation 
by year's end.
    Reports of abuses by private security companies continued, 
especially in Lunda Norte and Lunda Sul. According to reports from 
human rights activists, private security contractors hired by diamond 
companies to protect their concessions from illegal exploitation were 
responsible for most of the violence. For example, in 2007 private 
security forces allowed a security dog to attack a man, who suffered 
severe stomach and pelvic injuries as a result. The Government provided 
financial assistance for the victim's medical treatment, but 
authorities filed no charges.
    Police and immigration officials at border checkpoints and 
provincial airports extorted money from travelers and harassed 
returnees and refugees.
    There were no developments in the 2006 cases of police torture and 
other cruel, inhuman, or degrading treatment by security forces.
    Landmine and ERW-related deaths continued during the year as 
infrastructure improvements served to increase the movement of persons 
and goods in rural, war-affected areas. In September three youths were 
killed in Moxico while playing with unexploded ordnances. NGOs also 
reported that landmines killed construction workers, mostly Chinese, 
while rebuilding roads and railroads.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and life threatening. NGOs reported that prison officials 
routinely beat and tortured detainees. In a September 2007 visit, 
UNWGAD interviewed prisoners who showed visible signs of torture, 
starvation, and abuse. A local Human Rights NGO reported similar 
conditions while visiting prisons during the year.
    Overcrowding and lack of medical care, sanitation, potable water, 
and food led to some prison deaths. It was customary for families to 
bring food to prisoners, but guards demanded bribes as a precondition 
for food delivery. Some prisoners died of disease, especially in 
provincial prisons. Prison conditions varied widely between urban and 
rural areas.
    On March 29, the National Criminal Investigation Department (DNIC) 
building collapsed, killing 31 inmates. All police escaped from the 
building prior to its collapse; however, prisoners were not freed from 
their holding cells. Investigations revealed that the underlying water 
table compromised the building's foundation. News reports stated that 
three years prior to the collapse, DNIC officials reported structural 
damage and other serious problems to high-ranking government officials. 
Former inmates also reported constant flooding in basement cells but 
prisoners were not moved from their cells when flooding occurred or 
when the building's collapse was imminent.
    Due to violent prison riots in October 2007 that resulted in at 
least two prisoner deaths, the Government worked to reduce 
overcrowding. The national prison system continued to hold more than 
five times the number of prisoners for which it was designed. Luanda's 
Central Prison, built to house 600 prisoners, held 3,300 prisoners 
before the riots. By the end of 2007 the prison population was reduced 
to approximately 1,000 prisoners. However, in a prison visit, a local 
human rights NGO noted the transfer of prisoners from Luanda to the 
provinces worsened overcrowding in the provincial prisons. During the 
year the Government opened new or rehabilitated prisons in eight 
provinces.
    Chronically underpaid prison officials supported themselves by 
stealing from prisoners and extorting money from family members. Prison 
guards continued to demand that prisoners pay for weekend passes to 
which they were entitled. There were continued reports of prison 
officials operating an informal bail system, releasing prisoners until 
their trial dates for a fee.
    Female inmates informed the UNWGAD that prison guards regularly 
raped them.
    Authorities regularly housed juveniles, often incarcerated for 
petty theft, with adults and subjected the children to abuse by guards 
and inmates in provincial prisons; however, juveniles were more likely 
to be separated from the main prison population in urban prisons. 
Juvenile detention centers were present in Luanda but were severely 
overcrowded.
    Pretrial detainees were housed frequently with sentenced inmates, 
and short-term detainees were often held with those serving long-term 
sentences for violent crimes, especially in provincial prisons.
    The Government permitted foreign diplomatic personnel and local and 
international human rights observers to visit prisons during the year. 
However, the Government limited access to politically sensitive 
inmates. For example, the Government did not permit NGOs to visit the 
former secret service chief, who was serving a four-year sentence in a 
civilian penitentiary for a military charge.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, security forces often did not respect 
these prohibitions in practice.
    Local Human Rights NGOs reported that authorities held family 
members of individuals wanted by the police.

    Role of the Police and Security Apparatus.--The National Police, 
under the Interior Ministry, are responsible for internal security and 
law enforcement. The Internal Intelligence Service reports to the 
Office of the Presidency and investigates sensitive state security 
matters. The FAA is responsible for external security but also has 
domestic security responsibilities, including border security, 
expulsion of illegal immigrants, and small-scale actions against 
dissident FLEC factions in Cabinda.
    Other than personnel assigned to elite units, police were poorly 
paid, and the practice of supplementing income through extortion of 
civilians was widespread. Corruption and impunity remained serious 
problems. Most complaints were handled within the National Police by 
internal disciplinary procedures, which sometimes led to formal 
punishment, including dismissal. However, the Government did not 
establish mechanisms to expedite investigations and punish alleged 
offenders, and it rarely disclosed publicly the results of internal 
investigations.
    There were no updates on the 2006 report that the Government had 
investigated senior National Police officials for involvement in 
racketeering.
    The Government's closure of the UN Human Rights Office (UNHRO) in 
May hampered the Ministry of Interior's efforts to train police and 
army recruits. However, police participated in professional training 
with foreign law enforcement officials from several countries in the 
region.

    Arrest and Detention.--The law requires a judge or magistrate to 
issue a warrant prior to an arrest, although a person caught committing 
a crime may be arrested immediately without a warrant; however, 
security forces did not always procure arrest warrants before detaining 
persons. The constitution provides the right to prompt judicial 
determination of the detention's legality, but authorities often did 
not respect this right in practice. The law mandates that detainees be 
informed of their charges, and this generally occurred in practice. 
Detainees may be held for 135 days without trial or up to 180 days if 
caught committing a crime punishable by a prison sentence. In practice 
authorities regularly exceeded these limits.
    A functioning but ineffective bail system, widely used for minor 
crimes, existed. Prisoners and their families reported that police and 
prison officials demanded bribes to release prisoners.
    Police often extorted bribes. Police did not obtain warrants before 
conducting searches for illegal vendors and making sweeps of public 
markets.
    Unlawful arrest and detention continued to be serious problems. 
NGOs continued efforts to secure the release of illegally detained 
persons. During the year citizens reported to NGOs 700 cases of illegal 
detention; NGOs reported receiving daily petitions from relatives of 
illegally detained persons seeking pro bono legal assistance. NGOs also 
reported that police often detained citizens without charge or denied 
them access to a judge for extended periods and then released them.
    In mining regions such as Lunda Norte, Lunda Sul, and Bie, 
international organizations reported government security forces 
detained illegal immigrants and their families in transit centers, 
where the security forces subjected them to systematic rape, body 
cavity searches, and deprivation of food and water.
    Security officials arbitrarily arrested members of the opposition. 
For example, on August 11, security forces arrested 13 members of the 
Party for Democratic Support and Progress of Angola opposition party 
for distributing pamphlets on behalf of another opposition party. The 
Luanda Provincial Court dismissed the case as the prosecutor found the 
charges erroneous.
    Cabinda residents continued to report that security forces detained 
persons suspected of FLEC activity or collaboration. NGOs reported that 
public security forces held civilians incommunicado in military and 
police prisons in Cabinda and Luanda, where the UNWGAD and 
International Committee of the Red Cross (ICRC) were denied permission 
to visit.
    The law permits detainees access to legal counsel and states that 
indigent detainees should be provided a lawyer by the state. These 
rights often were not respected in part due to the shortage of legal 
professionals. The law also allows family members prompt access to 
detainees; however, this occasionally was ignored or made conditional 
upon payment of a bribe.
    Excessively long pretrial detention continued to be a serious 
problem. An inadequate number of judges and poor communication among 
authorities contributed to it. Police often beat and then released 
detainees rather than prepare a formal court case. In some cases, 
authorities held inmates in the prison system for up to two years 
before their trials began. An NGO estimated that more than 50 percent 
of inmates were pretrial detainees, most of whom had not been formally 
charged. The Government did not release detainees who had been held 
beyond the legal time limit, claiming the 2006 release of approximately 
2,000 pretrial detainees resulted in an increase in crime.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, the judiciary remained understaffed, 
inefficient, corrupt, and subject to executive and political influence.
    The Supreme Court heads the formal justice system and administers 
the 18 provincial courts as well as a limited number of municipal 
courts. The president appoints Supreme Court justices for life terms 
without confirmation by the parliament. The Supreme Court generally 
handled trials for political and security crimes, although the Ministry 
of Defense tried civilians in military courts.
    On September 16, a closed military tribunal sentenced Jose Fernando 
Lelo to 12 years in prison for crimes against state security and 
instigating a rebellion. In November 2007 security forces arrested 
Lelo, a former reporter in Cabinda, and held him in a closed military 
facility in Luanda. In March authorities returned Lelo to Cabinda for 
trial by a military court, despite the fact that Lelo had never served 
in the armed forces. Witnesses testifying against him in court showed 
signs of abuse. The court did not permit evidence from Lelo's employer 
that discredited the charges of bribing soldiers to join the FLEC.
    On June 10, the Government created a seven-member constitutional 
court to provide judicial review of constitutional issues and supervise 
the electoral process. The president nominated three judges, parliament 
nominated three, and the Supreme Court nominated one, all to serve 
seven-year terms.
    There were long trial delays at the Supreme Court level. Criminal 
courts also had a large backlog of cases that resulted in major delays 
in hearings.
    Informal courts remained the principal institutions through which 
citizens resolved conflicts in rural areas. Traditional leaders (sobas) 
also heard and decided local cases. These informal systems did not 
provide citizens with the same rights to a fair trial as the formal 
legal system; instead, each community in which they were located 
established local rules.
    As most municipalities did not have prosecutors or judges, local 
police often served as investigator, prosecutor, and judge. Both the 
National Police and the FAA have internal court systems that generally 
remained closed to outside scrutiny. While members of these 
organizations could be tried under their internal regulations, cases 
that include violations of criminal or civil laws can also fall under 
the jurisdiction of provincial courts.

    Trial Procedures.--By law trials are usually public, but each court 
has the right to close proceedings. Juries are not used. Defendants 
have the right to be present and to consult with an attorney in a 
timely manner; however, the Government did not always respect these 
rights in practice. The law requires that an attorney be provided at 
public expense if an indigent defendant faces serious criminal charges. 
Outside of Luanda the public defender was generally not a trained 
attorney due to shortages in qualified personnel. Defendants do not 
have the right to confront their accusers. They may question witnesses 
against them and present witnesses and evidence on their own behalf. 
However, courts did not always respect this right in practice. 
Defendants and their attorneys have the right to access government-held 
evidence relevant to their cases; however, the Government did not 
always respect these rights. Defendants are presumed innocent and have 
the right to appeal; however, this right was not always respected.
    A court for children's affairs is under the Ministry of Justice and 
functions as part of Luanda's provincial court system. Minors are 
considered adults at 18 but leave the juvenile court system at 16; 
between 16 and 18, they are tried and imprisoned with adults but 
subject to lighter sentencing. Minors bear the responsibility of 
proving their age; however, in many rural provinces courts tried as 
adults those minors without identification papers.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Although the law provides 
for an independent and impartial judiciary in civil matters, the 
judiciary was subject to political interference. Civil courts 
functioned in some provinces, but faced severe backlogs. During the 
year Luanda's civil courts had 1,800 pending civil suits. The Ministry 
of Justice continued work with national and international partners to 
improve court clerk training and technical capacity in provincial and 
municipal civil courts. Damages for human rights violations could be 
sought in court, but no cases were tried during the year.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, but 
the Government did not always respect these prohibitions in practice.
    Citizens widely believed that the Government maintained 
surveillance of certain groups, including government critics, 
opposition parties, and journalists.
    In July Cabinda residents and media reported security forces 
searched and conducted raids for illegal immigrants and FLEC 
collaborators.
    The Government continued to demolish informal squatter housing in 
Luanda and forcibly relocate residents in large provincial cities such 
as Lobito.
    There were no developments in numerous allegations of improper use 
of force, improper notification, or lack of restitution during forced 
evictions in 2006. In 2006 government and private security personnel 
forcibly removed an estimated 600 families-mainly women, children, and 
the elderly-from Luanda neighborhoods and destroyed their homes. During 
the expulsions security forces beat and kicked residents and discharged 
firearms into the air and ground to force the retreat of families and 
allow bulldozers to advance.
    The Government claimed that legitimate residents had been 
compensated and relocated earlier; they had repeatedly warned of 
impending evictions; and that the final eviction notice was issued two 
days before eviction. However, Amnesty International claimed evictions 
were carried out without procedural protection, due process, or prior 
consultation, and authorities gave only one day's notice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, government regulations 
and minimal independent media outside of Luanda limited these rights in 
practice. Human rights activists and journalists practiced self-
censorship. For example, authorities cancelled live radio call-in shows 
in the weeks leading up to the September legislative elections. Local 
leaders accused opposition parties and civil society groups that 
criticized the Government of being ``unpatriotic enemies of peace,'' or 
``friends of war and chaos.'' Individual citizens also reported 
practicing self-censorship but were generally able to criticize the 
Government without fear of direct reprisals. The Government engaged in 
subtle repression and economic coercion, often in the form of lost 
business or job opportunities, to discourage criticism. The state-run 
National Television of Angola (TPA) suspended a leading anchorman of a 
prime news program without pay for four months for publicly declaring 
that censorship occurred at TPA.
    There were six privately owned weekly newspapers and four Luanda-
based commercial radio stations. The Government permits the National 
Radio station to broadcast nationally, but all other radio stations can 
only broadcast within the province where they are located. Authorities 
did not allow independent stations to use repeaters to expand their 
signal reach; they were required by law to open radio stations in every 
province they wished to reach.
    Independent radio and print media criticized the Government openly 
and at times harshly; however, local journalists were reluctant to 
criticize government officials, particularly the president, for fear of 
arrest or harassment.
    The Government continued to give preferential treatment and access 
to state media organizations, including Angola Public Television, 
government-owned and-operated National Radio, and the only national 
daily newspaper, Jornal de Angola. Government-owned press often 
criticized independent journalists, opposition leaders, and civil 
society organizations without seeking their comments or allowing space 
for a response.
    The 2006 press law ended the state monopoly on television, 
partially opened the FM bandwidth to independent broadcasters, and 
rescinded travel restrictions on journalists; however, implementing 
legislation had not been passed by year's end. During the year Human 
Rights Watch and the Media Institute of Southern Africa called for 
further amendments to the press law to remove statutes that expose 
journalists to criminal liability and prevent independent radio from 
broadcasting nationwide.
    During the year authorities arrested, harassed and intimidated 
journalists.
    During the year the Government accused former reporter Fernando 
Lelo of inciting treason and sentenced him to eight years' imprisonment 
for encouraging five FAA soldiers to desert the FAA and join the FLEC 
guerrilla movement.
    In October 2007 security forces imprisoned Graca Campos, director 
of a private weekly newspaper that frequently criticized the 
Government. Campos, who was charged with defamation, was sentenced to 
eight months in prison-two months more than the maximum legal sentence-
and fined an unprecedented 18,750,000 kwanzas ($250,000). Campos was 
tried in absentia, after repeated unheeded summonses to court, which he 
stated were never received, and convicted on a case dating back to 
2001. Media and civil society groups strongly criticized the 
Government's legal irregularities in the case, and it was declared a 
mistrial in November 2007. Campos was freed on bail and awaited a new 
trial at year's end.
    In December 2007 the provincial court of Namibe found Radio 
Ecclesia reporter Armando Chikoca guilty of ``inciting violence and 
disobedience'' and sentenced him to one month in prison. During a 
December 2007 interview on state-run radio, Namibe Governor Boavida 
Neto denied accusations that he ordered Chikoca's arrest, stating the 
detention was a result of police action to restore order during a 
marketplace inauguration. Human rights activists condemned the arrest, 
and his lawyer stated that the prosecutor refused to allow into 
evidence a police video that would have exonerated the journalist. 
However, on January 3, Catholic Archbishop of Lubango Dom Zacarias 
apologized to the governor and disassociated the Church and its radio 
from Chicoka. Armando served the sentence and was dismissed from his 
job.
    There were reports that security forces interfered with 
journalists' attempts to take pictures or video during the year. The 
Government refused to issue visas to a number of Portuguese journalists 
seeking to cover the electoral process. In addition, authorities 
prevented a foreign news crew from filming railroad construction during 
the year.
    Defamation is a crime punishable by imprisonment or fine. Accuracy 
is not an acceptable defense against defamation charges; the accused 
must provide evidence proving the validity of the allegedly damaging 
material.
    Depending on the issue, the Minister of Social Communication, the 
spokesman of the presidency, the National Director of Information, and 
the directors of state-run media organizations had policy and 
censorship authority.

    Internet Freedom.--Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail; 
however, there were reports that the Government monitored Internet chat 
rooms and Web sites and at times pressed for the removal of defamatory 
material from Web sites. Availability of Internet service and Internet 
cafes increased during the year, but the high cost of Internet service 
put it beyond the reach of most citizens.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for the right of assembly; 
however, the Government at times restricted this right.
    The law requires written notification to the local administrator 
three days before public or private assemblies are held; however, the 
Government at times prohibited events based on perceived security 
considerations. Participants potentially were liable for ``offenses 
against the honor and consideration due to persons and to organs of 
sovereignty.'' Applications for progovernment gatherings routinely were 
granted without delay; however, applications for demonstrations, 
protests, or opposition party assemblies frequently were denied, 
usually based on government claims that the timing or venue requested 
was problematic. Other times the Government did not respond to the 
applicants, which then enabled local authorities to threaten 
demonstrators with arrest for holding an event without authorization.
    During the electoral period, numerous opposition parties reported 
that local authorities denied requests to use buildings and public 
spaces for political party rallies. They also reported that the ruling 
MPLA reserved public spaces for the entire campaign period, which 
permitted party supporters to interrupt and disperse opposition party 
rallies in the space they had reserved. On August 6, in Namibe, 
authorities denied space reserved and paid for by the opposition party 
National Union for the Total Independence of Angola (UNITA), telling 
members that the MPLA had reserved the same space months prior. 
However, the ledger indicated that the space was available when UNITA 
reserved it.
    In March 2007 the municipal administrator denied the Forum of 
Political Women, a nonpartisan group with membership from 13 political 
parties, permission to distribute literature on women's political 
rights in a Luanda market. Following media pressure, the local 
government granted permission at another market and the group 
rescheduled the event. However, on the day of the scheduled event, the 
market administrator denied permission, stating municipal authorities 
had not notified him. While municipal authorities apologized for what 
they called a bureaucratic delay, the group decided not to reschedule 
for a third time.

    Freedom of Association.--The constitution and law provide for the 
right of association; and the Government generally respected this right 
in practice. The Government legally may deny registration to private 
associations on security grounds. Extensive and unexplained delays in 
the NGO registration process continued to be a problem.
    The Government sometimes arbitrarily restricted associations that 
it considered subversive by refusing to grant permits for organized 
activities. During the year opposition parties generally were permitted 
to organize and hold meetings; however, they reported occasional event-
specific harassment by local officials.

    c. Freedom of Religion.--The constitution and law provide 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; they must have at least 100,000 adherents (who 
must be legal residents) to qualify for registration. During a November 
2007 visit, the UN Special Rapporteur on Freedom of Religion and Belief 
noted that this provision discriminates against religious minorities. 
The Muslim community and many Christian groups were not recognized due 
to this provision and were therefore limited in their rights and 
activities. The Government legally recognized 85 denominations; 800 
other religious denominations had pending registration applications; 
the latter do not meet the membership requirement to receive legal 
status, but the Government did not bar their activities.
    Government officials issued statements opposing Muslim 
proselytizing and linking Muslims to sensitive national issues of 
illegal immigration, rising crime, and international terrorism.
    The Government continued its ban on 17 religious groups in Cabinda 
on charges of practicing harmful exorcism rituals on adults and 
children accused of witchcraft, illegally holding religious services in 
residences, and not being registered.

    Societal Abuses and Discrimination.--Islam was practiced freely, 
although public attitudes toward Islam were generally negative.
    There was a Jewish community of approximately 350 persons, 
primarily Israelis. There were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation; however, the Government at times restricted these rights 
in practice. The Government cooperated with UNHCR, the International 
Organization for Migration (IOM), and other humanitarian organizations 
in providing protection and assistance to internally displaced persons 
(IDPs), returning refugees, asylum seekers, and other persons of 
concern.
    Extortion and harassment at government checkpoints in rural areas, 
and at provincial and international border checkpoints, interfered with 
the right to travel. Extortion by police was routine in cities on major 
commercial routes. The Government and private security companies 
restricted access to designated diamond concessions. Citizens living 
near concession areas were regularly denied access for any purpose, 
including obtaining water.
    NGOs reported that security forces often used excessive force in 
expelling illegal artisanal miners and their families. Landmines 
remaining from the civil war continued to impede freedom of movement in 
rural areas.
    The constitution prohibits forced exile, and the Government did not 
employ it.

    Internally Displaced Persons (IDPs).--A 2006 joint assessment by 
the Government, UN, and foreign governments estimated that 100,000 IDPs 
remained unsettled from the civil war. The majority did not intend to 
return to their area or province of origin, as many considered their 
new location home. Some of those yet to return to their homes stated 
that a lack of physical infrastructure and government services, such as 
medical care and landmines, were major deterrents to their return.
    The Ministry of Assistance and Social Reinsertion (MINARS) has 
primary responsibility for returnees and remaining IDPs, as well as 
housing and resettlement programs; however, its efforts remained 
inadequate. Provincial governments have primary responsibility for 
ensuring safe, voluntary resettlement in areas cleared of mines and 
with access to water, arable land, markets, and adequate state 
administration. The Government did not restrict aid efforts by 
international humanitarian groups.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol.
    The Government provided some protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened; it also granted refugee status or asylum. In March 2007 the 
Government and UNHCR closed the official repatriation program for 
refugees from the civil war, but the Government continued to recognize 
the right of return for more than 200,000 refugees remaining outside 
the country.
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. Citizens were able to exercise the right to elect 
parliamentary representatives; however, the right to elect a head of 
state and local leaders remained restricted.

    Elections and Political Participation.--After having postponed 
parliamentary elections for two years, the Government held the first 
post-war elections on September 5-6. The ruling MPLA won 81.6 percent 
of the vote. Domestic and international observers reported that polling 
throughout the country was peaceful and generally credible, despite the 
ruling party's advantages due to state control of media and other 
resources, and serious logistical failures that marred polling in the 
capital city of Luanda. Opposition parties criticized many aspects of 
the electoral process, including state control of the media, late 
disbursement of public campaign funds, the National Electoral 
Commission's (CNE) failure to accredit some opposition and civil 
society electoral observers, as well as the CNE's last-minute decision 
to discard the legal requirement that a voter registry be used to 
verify voters at polling stations. Despite these and other 
irregularities, election day was peaceful and more than 87 percent of 
registered voters participated. Opposition parties generally accepted 
the electoral results.
    The ruling MPLA dominated all political institutions. Political 
power is concentrated in the president and the Council of Ministers, 
through which the president exercises executive power. The council can 
enact laws, decrees, and resolutions, assuming most functions normally 
associated with the legislative branch. The National Assembly comprises 
220 deputies elected under a party-list proportional representation 
system. This body has the authority to draft, debate, and pass 
legislation, but in practice laws generally were drafted and proposed 
by the executive branch for the assembly's approval. After the 
September 5-6 legislative elections, opposition deputies held less than 
20 percent of the parliamentary seats.
    There were 96 registered opposition parties, 11 of which received 
government subsidies based on their representation in parliament. Of 
the 96, only 10 parties and four coalitions fulfilled the legal 
requirements to participate in legislative elections. The DNIC informed 
all parties that it would investigate and prosecute political parties 
that used forged documents for its members during the electoral period.
    Opposition parties stated that their members were subject to 
harassment, intimidation, and assault by supporters of the ruling 
party. For example, prior to the September elections, the UNITA 
municipal secretary in Benguela Province reported that a member of his 
party was beaten for wearing a UNITA T-shirt in the town of Ganda 
during election campaign period. On August 10, MPLA members harassed 
UNITA members in Namibe town center when they tried to hang UNITA party 
flags on lamp posts in the town square. UNITA campaign materials also 
regularly were torn down in Huambo Province.
    Opposition party members and civil society leaders cited examples 
of political intolerance during the election process.
    There are 62 women in the 220-seat parliament and 19 women in the 
91-member cabinet, including 10 ministers and nine vice-ministers. 
There are two female governors. The country has three dominant ethno-
linguistic groups: the Ovimbundu, the Mbundu, and the Bakongo, which 
together comprised approximately 77 percent of the population. However, 
other groups also were represented in government. There were six 
members of smaller ethnic groups in the parliament and one minority 
member in the cabinet, representing the Chokwe people. The majority of 
political parties had limited national constituencies, but all parties 
were prohibited by law from limiting party membership based on 
ethnicity, race, or gender.

    Government Corruption and Transparency.--The law provides criminal 
penalties for corruption; however, the Government did not implement 
these laws effectively, and local and international NGOs and media 
sources reported that officials engaged in corrupt practices with 
impunity. The World Bank's Worldwide Governance Indicators reflected 
that corruption was a severe problem.
    Government corruption was widespread, and accountability was 
limited due to a lack of checks and balances, lack of institutional 
capacity, and a culture of impunity. Despite the widespread perception 
that government corruption at all levels was endemic, there were no 
public investigations or prosecutions of government officials during 
the year.
    In February 2007 the Government charged the former director general 
of immigration with extortion; the charges stemmed from a 2006 
investigation that resulted in the conviction of other immigration 
officials. The case remained pending at year's end.
    The Government continued its efforts to reduce discrepancies 
between reported and actual oil revenues. To monitor and control 
expenditures more effectively, the Ministry of Finance continued 
implementation of the Integrated Financial System, a system designed to 
record all central government expenditures. State-owned companies were 
required to conduct internal audits and submit the results to the 
Government for review.
    Parastatals, most notably the oil entity SONANGOL, were required to 
report revenues to the central bank and the Ministry of Finance but did 
not consistently do so; inconsistent accounting practices also hampered 
transparency. SONANGOL's dual role as governmental regulator and 
national oil company hindered transparency in the petroleum sector. 
Audits of ENDIAMA, the state diamond parastatal, likewise were not made 
public. Serious transparency problems remained in the diamond industry, 
particularly regarding allocation of exploration, production, and 
purchasing rights.
    The business climate continued to favor those connected to the 
Government; government ministers and other high-level officials 
commonly and openly owned interests in companies regulated by or doing 
business with their respective ministries. There were no laws or 
regulations regarding conflict of interest. Petty corruption among 
police, teachers, and other government employees was widespread. There 
were credible reports of high-level officials receiving substantial 
kickbacks from private companies awarded government contracts.
    The law provides for public access to government information; 
however, while the Government was slow in providing it to the public, 
the Ministry of Finance improved its Web site reporting on the national 
budget. Information posted on most government Web sites remained 
limited. The Government's limited technical capabilities also 
restricted its ability to provide information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups operated 
throughout the country, but some, especially those investigating 
government corruption and human rights abuses, alleged increased 
government interference in their activities throughout the year.
    There were more than 100 international and 350 domestic NGOs 
operating in the country. An estimated 100 NGOs worked on human rights 
issues, although only a few were considered effective. Local NGOs 
actively promoted and defended human rights during the year by 
documenting prison conditions, protesting forced evictions, providing 
free legal counsel, lobbying government officials, and publishing 
investigative reports.
    The Law of Association requires NGOs to specify their mandate and 
areas of activity. During the year the Government increasingly used 
this provision to prevent or discourage established NGOs from engaging 
in certain activities, especially those that were politically sensitive 
or related to election issues. Government officials threatened to ban 
those NGOs it determined to be operating outside their mandate or not 
effectively working on the specific issues they were created to 
address; no NGOs were banned during the year.
    On May 31, the Government closed the UNHRO following its decision 
not to grant a full mandate to the office. The Government had requested 
a UNHRO presence in Luanda to contend with war-related human rights 
abuses, but after six years of peace, the Government felt it had 
sufficient institutional capacity to address the issues independently. 
The decision to close the office directly contradicted government 
commitments to work more closely with the UNHRO, which were made when 
it ran for a seat on the UN Human Rights Council in 2007.
    The Government arrested and harassed NGO workers.
    In February 2007 security forces arrested Sarah Wykes, a well-known 
anticorruption researcher and specialist on extractive industry 
transparency. Authorities charged Wykes with unspecified crimes against 
state security during her visit to Cabinda to research transparency in 
the oil sector for Global Witness, an international NGO. Authorities 
released Wykes on bail three days later and allowed her to return to 
Britain while the investigation progressed. The case remained pending 
at year's end.
    In October 2007 David Mendes, a human rights lawyer and the founder 
of a local human rights NGO, complained of political persecution after 
he was charged by the Government with possession of illegal documents. 
The documents were evidence in his legal appeal to the Supreme Court's 
proscription of political parties. The charges against Mendes were 
pending at year's end.
    The Government also criticized domestic and international NGOs. In 
July 2007 the director of the Humanitarian Assistance Technical 
Coordination Unit, the Government agency that oversees NGOs, alleged 
that certain local NGOs, as well as international NGOs Search for 
Common Ground, the National Democratic Institute, and the International 
Republican Institute, had instigated public discontent and 
disobedience, operated outside of legal parameters, and illegally 
involved themselves in political activities. The director also accused 
the organizations of not being legally registered.
    There were reports of police or military presence at community 
meetings with international NGOs, especially in Cabinda.
    Problems with governmental delays in processing registration 
applications for NGOs continued. The Association for Justice, Peace, 
and Democracy (AJPD), which continues to operate under a clause in the 
registration law that automatically grants legal operating status if 
authorities do not reject a group's application within 80 days, 
remained unregistered, and its request to register remained with the 
Supreme Court at year's end. Despite the lack of certification, AJPD 
continued to work closely with some ministries, including in the 
expansion of its human rights training program with the National 
Police.
    Mpalabanda, a civil society organization formerly based in Cabinda, 
remained banned; its registration was rescinded in July 2006 after 
joining the Cabindan Forum for Dialogue, a mechanism that negotiated 
peace with the Government. The Government determined that Mpalabanda 
was acting as a political entity outside of its legal mandate as a 
civil society organization. Mpalabanda supporters continued to 
distribute statements through the Internet and to attend public forums 
during the year. Former leaders reported low-level harassment and 
intimidation throughout the reporting period.
    Several international human rights organizations maintained a 
permanent presence in the country, including the ICRC.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives. In May 2007 
the country was elected to a three-year term on the UN Human Rights 
Council. In 2007 the Government cooperated with the UNHRO in visits 
from UNWGAD, and extended an invitation to the Special Rapporteur on 
Freedom of Expression.
    The ombudsman's office conducted prison visits during the year but 
issued no reports. In May 2007 the ombudsman discounted reports of 
human rights abuses from SOS Habitat, Amnesty International, and Human 
Rights Watch, stating they contained generic and unwarranted 
criticisms. He admitted the reports had ``indicative value,'' but said 
his office did not have the staff necessary to follow up or issue 
reports.
    Parliament's committee on human rights visited prisons and held 
hearings on human rights issues during the year but did not issue any 
reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, religion, disability, language, or social status; however, the 
Government did not effectively enforce these prohibitions. Violence and 
discrimination against women, child abuse, child prostitution, 
trafficking in persons, and discrimination against persons with 
disabilities and indigenous persons were problems.

    Women.--Rape, including spousal rape, is illegal and punishable by 
up to eight years' imprisonment; however, limited investigative 
resources, poor forensic capabilities, and an ineffective judicial 
system prevented prosecution of most cases. The Organization of Angolan 
Women operated a shelter in Luanda that offered special services for 
rape victims. Unlike in the previous year when there were reports that 
350 rapes occurred in the capital, no updated information was 
available. The Ministry of Justice worked with the Ministry of Interior 
to increase the number of female police officers and to improve police 
response to rape allegations. The Government also instituted mass 
public campaigns against gender violence.
    Violence against women was common and pervasive, particularly in 
urban areas. Domestic violence is not illegal; however, the Government 
occasionally prosecuted it under rape, assault, and battery laws. A 
2007 preliminary study on domestic violence in Luanda indicated that 78 
percent of women had experienced some form of violence since the age of 
15. While 27 percent of the total reported abuse in the 12 months 
preceding the study, 62 percent of women living in the poor outskirts 
of Luanda reported abuse during the preceding year. Common-law husbands 
or boyfriends perpetrated the majority of violence. The Ministry of 
Family and the Promotion of Women (MINFAMU) operated a program with the 
Angolan Bar Association to give free legal assistance to abused women; 
the ministry also opened counseling centers to help families cope with 
domestic abuse. Statistics on prosecutions for violence against women 
under these laws during the year were not available.
    Religious leaders in Lunda Norte and Uige reported that elderly 
persons, particularly rural and impoverished women and children, 
occasionally were vulnerable to accusations of witchcraft and 
subsequent abuse. Women sometimes were killed, beaten, expelled from 
their families, or died from mistreatment and malnourishment. The 
religious leaders, who offered church-run shelter to the victims, 
reported that police did not take action due to fears that the women 
may practice witchcraft on them. Prostitution is illegal, but the 
prohibition was not consistently enforced. Many women engaged in 
prostitution due to poverty, but there were no estimates on its 
prevalence. The MINFAMU maintained a women's shelter in Luanda that was 
open to former prostitutes.
    Sexual harassment was common and is not illegal. However, such 
cases may be prosecuted under assault and battery and defamation 
statutes.
    Under the constitution and law women enjoy the same rights as men; 
however, societal discrimination against women remained a serious 
problem, particularly in rural areas. There were no effective 
mechanisms to enforce child support laws, and women generally bore the 
major responsibility for raising children.
    The law provides for equal pay for equal work; however, women 
generally held low-level positions in state-run industries and in the 
private sector, or worked in the informal sector. The Government, in an 
interministerial effort spearheaded by MINFAMU, undertook multiple 
information campaigns on women's rights and domestic abuse and hosted 
national, provincial, and municipal workshops and trainings during the 
year.

    Children.--The Government was committed to the protection of 
children's rights and welfare, but lacked the human and logistical 
resources required to provide necessary programs. The National 
Institute for Children (INAC) had primary responsibility for 
coordinating government action concerning children's affairs.
    Activists reported that many urban and rural children remained 
undocumented. The Government did not permit undocumented children 
access to the educational system, and fees for birth certificates and 
identification cards remained prohibitive for impoverished families. 
Although the official registration drive ended in 2004, the Government 
continued to partner with UNICEF to identify and assist undocumented 
children, and provided limited subsidies to cover fees for families 
with proven financial need. The Government implemented a previous plan 
to provide birth certificates in health clinics and maternity wards 
during the year.
    Education is free and compulsory for documented children until the 
sixth grade, but students often had significant additional expenses. 
The Government began distributing free schoolbooks during the year but 
the books had not reached schools nationwide by year's end due to a 
shortage of supply. The Ministry of Education had insufficient 
resources and during the war most of the educational infrastructure was 
damaged. There were not enough schools or teachers to provide universal 
primary education. The Ministry of Education estimated an 85-90 percent 
primary enrollment rate during the year. An estimated 30 percent of 
eligible children were enrolled at the secondary level; rural areas 
generally lacked access to secondary education, and seats were often 
limited even in provincial capitals. There were also reports of 
families paying bribes to education officials to ensure their child had 
a seat. According to the UN Educational, Social, and Cultural 
Organization, enrollment rates favored boys over girls, especially at 
the secondary level.
    The Government provided free medical care for children with 
identity documents at pediatric hospitals and health posts throughout 
the country; however, in many areas, health care was limited or 
nonexistent. Where medical care was available, boys and girls had equal 
access.
    Child abuse was widespread. Reports of physical abuse within the 
family were commonplace and largely tolerated by local officials. In 
July 2007 the Government created the National Children's Council, an 
interministerial commission designed to define priorities and 
coordinate the Government's policies to combat all forms of violence 
against children, including unlawful child labor, trafficking, and 
sexual exploitation. In August 2007 INAC inaugurated a Child Protection 
Network for Luanda Province.
    The legal age for marriage, with parental consent, is 15. The 
Government did not enforce this effectively, and the traditional age of 
marriage in lower income groups coincided with the onset of puberty. 
Common-law marriage was widespread.
    During the year abuse of children accused of witchcraft continued 
to be a problem. In October the Government shut down three Luandan 
churches when neighbors reported abuse of children accused of 
witchcraft. Children accused of witchcraft were subject to abuses such 
as isolation from their families, denial of food and water, or 
ritualistic cuttings and the placing of various caustic oils or peppers 
on their eyes or ears. Persons sometimes killed children during 
``exorcism'' rituals.
    In December 2007 a teacher in Uige Province kidnapped and beat two 
children he suspected of witchcraft; one died from his injuries while 
the other one recovered. Authorities imprisoned and sentenced the 
teacher to eight years' hard labor.
    In 2006 INAC, MINARS, and UNICEF held a workshop and released a 
report that noted most cases of abuse related to traditional beliefs 
occurred in Luanda, Uige, and Zaire provinces. Vulnerable children, 
such as orphans or those without access to health care or education, 
were more likely to be victims of practices involving witchcraft. 
Government and religious leaders called for an end to these practices, 
but the influence of these traditional beliefs remained strong.
    Child prostitution is illegal; however, local NGOs expressed 
concern over child prostitution in the country, especially in Luanda 
and Cunene provinces.
    Sexual relations with a child under 12 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 sentences of up to 
eight years in prison; however, limited investigative resources and an 
inadequate judicial system prevented prosecution of most cases. There 
were no known prosecutions during the year.
    Investigators found children working in the streets of Luanda but 
many returned to some form of dwelling during the evening. Most of 
these children shined shoes, washed cars, carried water, or engaged in 
other informal labor, but some resorted to petty crime, begging, and 
prostitution.

    Trafficking in Persons.--The constitution and law prohibit slavery; 
however, there are no specific laws against trafficking in persons. 
Persons were trafficked from and within the country.
    The country is a source for a small but significant number of women 
and children trafficked for the purposes of forced labor and sexual 
exploitation. Women and girls were trafficked within the country for 
domestic servitude and commercial sexual exploitation, while young men 
were trafficked internally for agricultural or unskilled labor. Reports 
indicate that South Africa, the DRC, Namibia, and Portugal are the 
primary destinations for citizens who were trafficked internationally. 
Officials reported an increase in trafficking due to more open border 
posts. Small numbers of young men were trafficked through Zambia into 
bonded agricultural work in Namibia. Congolese children were trafficked 
to the country during the year. Economically vulnerable children and 
adults were most vulnerable to trafficking.
    Methods used by traffickers to obtain and transport victims were 
unknown. The small number of traffickers working in the country was not 
thought to function as a tightly organized unit; rather, they worked 
more through a series of informal or loosely associated contacts.
    Authorities used laws criminalizing forced or bonded labor, 
prostitution, pornography, rape, kidnapping, and illegal entry to 
prosecute trafficking cases. The minimum sentence for rape is eight 
years' imprisonment, and sentences for related offenses carry a maximum 
of life imprisonment.
    In 2007 immigration officials and the INAC in Zaire Province found 
15 children trafficked from Luanda to the DRC; police arrested two 
suspected traffickers. However, in other cases, police were unable to 
identify the traffickers. While the Government began investigating one 
trafficking case in 2007, case records were destroyed with the April 
collapse of the Department of Criminal Investigation's building. There 
were no known trafficking-related prosecutions during the year.
    Immigration services and INAC played significant roles in 
antitrafficking efforts, including training to strengthen provincial 
and municipal child protection networks. Immigration officials operated 
border control checkpoints that verified travel documents for children 
but lacked the resources to control all border areas effectively. No 
single ministry has direct responsibility for combating trafficking. 
Police and border control officers received antitrafficking training 
during the year, and representatives of several ministries participated 
in quarterly antitrafficking roundtables run by IOM.
    The Government operated facilities throughout the country for 
abandoned and abducted children; however, in many cases the facilities 
were underfunded, understaffed, and overcrowded. A Catholic-affiliated 
center in Namacumbe, near the Namibian border, assisted victims of 
trafficking to find and reintegrate with their families.
    The Government provided basic assistance to trafficking victims on 
an ad hoc basis. Local social welfare agencies provided basic 
necessities. This type of program did not exist outside of Luanda, nor 
did the Government operate shelters specifically for trafficking 
victims.
    The Government attempted to monitor its borders but lacked 
resources to do so effectively. To prevent child trafficking, the 
Immigration Service operated checkpoints at the international airport, 
border posts, and selected internal locations, such as the trafficking 
hotspot of Santa Clara in Cunene Province, which screened minors for 
proper travel documentation. INAC's six mobile provincial teams also 
conducted spot checks of suspected child trafficking routes by stopping 
vehicles transporting children to check for identity cards, proof of 
relationship to the children, and parental permission for the child's 
travel.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or other state services, but the Government did not 
effectively enforce these prohibitions. Persons with disabilities 
included more than 80,000 landmine victims. Persons with albinism were 
commonly discriminated against, although church groups worked to 
eliminate the abuse. The NGO Handicap International estimated that 
persons with disabilities constituted 10 percent of the population. 
There is no legislation mandating accessibility for persons with 
disabilities to public or private facilities, and it was difficult for 
such persons to find employment or participate in the education system. 
The MINARS had an office to address problems facing persons with 
disabilities, including veterans with disabilities, and several 
government entities supported programs to assist individuals disabled 
by landmine incidents. During the September 5-6 election, the 
Government provided voting assistance to persons with disabilities.

    Indigenous People.--An estimated 3,500 San people lived in small, 
dispersed communities in Huila, Cunene, and Kuando Kubango provinces. 
The San are traditional hunter-gatherers who are linguistically and 
ethnically distinct from their Bantu fellow citizens. Their very 
limited participation in political life has increased, and Ocadec, a 
local NGO advocate for the San people, worked with provincial 
governments to increase services to San communities and to improve 
communication between these communities and the Government.

    Other Societal Abuses and Discrimination.--Discrimination against 
homosexuals occurred. The law criminalizes sodomy.
    Discrimination against those with HIV/AIDS is illegal, but lack of 
enforcement allowed employers to discriminate against persons with the 
disease. There were no reports of violence against persons with HIV/
AIDS. The Government's National Institute for HIV/AIDS conducted HIV/
AIDS awareness and prevention campaigns. Local NGOs worked to combat 
stigmatization and discrimination against persons living with HIV/AIDS. 
The FAA conducted educational programs to discourage discrimination 
against HIV-positive military personnel and prevent the spread of the 
disease.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law provide for 
the right of workers to form and join unions, and workers exercised 
this right in practice; however, government approval is required. 
Domestic workers and casual laborers are excluded from the labor act. 
Labor unions independent of the Government-run unions worked to 
increase their influence, but the ruling MPLA still dominated the labor 
movement due to historical connections between the party and labor.
    The law prohibits antiunion discrimination and stipulates that 
worker complaints be adjudicated in regular civil courts. Under the 
law, employers are required to reinstate workers who have been 
dismissed for union activities; however, the judicial system did not 
enforce these provisions.
    Strict bureaucratic procedures must be followed for a strike to be 
considered legal, and the Government can deny the right to strike or 
obligate workers to return to work. Some workers exercised the right to 
strike during the year. However, in 2007 the Government declared some 
strikes, including those by teachers in Luanda and nurses in Benguela, 
illegal. Teachers in Luanda were ordered back to work and threatened 
with termination if they did not comply.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and law provide for the right of unions to conduct their 
activities without interference, but the Government did not always 
protect this right. The law provides for collective bargaining.
    There are no legal restrictions on collective bargaining, but 
bargaining is restricted in practice. The Government is the country's 
largest employer, and wages are centrally mandated by the Ministry of 
Public Administration, Employment, and Social Security.
    The constitution grants the right to engage in union activities, 
but the Government may intervene in labor disputes that affect national 
security, particularly strikes in the oil sector. 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 
Ministry of Labor has a hot line for workers who feel their rights are 
violated. The law does not effectively prohibit employer retribution 
against strikers, and it permits the Government to force workers back 
to work for ``breaches of worker discipline'' and participation in 
unauthorized strikes.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
reports by international NGOs that such practices occurred. The 
Ministry of Justice has effective enforcement mechanisms for the formal 
economic sector; however, most labor law violations occurred outside 
the formal economy and were not subject to legal sanctions.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor in the formal sector was restricted under the law; however, 
child labor, especially in the informal sector, remained a problem. The 
legal minimum age for apprenticeship is 14 years, and 18 for full 
employment. Children between the ages of 14 and 18 may not work at 
night, in dangerous conditions, or in occupations requiring great 
physical effort, and children younger than 16 are prohibited from doing 
factory work; however, these provisions rarely were enforced. In 2007 
in Kwanza Sul Province, independent newspaper journalists found 
children as young as 10-years-old working full-time on a plantation; 
they did not attend school and stated that they were often paid with 
food. When the nonresident plantation owner, a general, was confronted, 
he blamed the plantation's local manager and local traditional leaders 
(sobas), who should have reported the violation to government 
authorities. The local manager was fired and no charges were filed 
against the general or local manager.
    Most work done by children was in the informal sector. Street 
children were also common in the provinces of Benguela, Huambo, and 
Kwanza Sul. Children engaged in wage-earning activities such as 
agricultural labor on family farms and commercial plantations, charcoal 
production, domestic labor and street vending. Exploitive labor 
practices included forced prostitution, involvement in the sale or 
transport of illegal drugs, and the offloading and transport of goods 
in ports and across border posts. Children reportedly were used as 
couriers in the cross-border trade between Namibia and the country.
    The Inspector General of the Ministry of Public Administration, 
Employment, and Social Security (MAPESS) is ultimately responsible for 
enforcing all labor laws; however, the Ministry of Family and the 
Promotion of Women also plays a significant role in investigating 
complaints of child labor.
    The Children's Affairs Court, under the Ministry of Justice, has 
jurisdiction over general child protection in Luanda. During the year 
five provincial courts became operational. Child labor cases continued 
to be adjudicated by the provincial criminal courts for minors aged 16 
to 18 or the Ministry of Family and Women's Affairs's Family Courts for 
children under age 16. Child labor violations are punishable by fines.
    In practice neither the Labor Code nor the judicial system was 
capable of ensuring labor rights. Mechanisms were in place to 
investigate and prosecute, but the court system was overextended and 
resources for family or children affairs courts were limited. The 
Government lacked the capacity to oversee the much larger informal 
sector. There was no formal procedure for inspections and 
investigations of child labor abuses outside of the family law system, 
although private persons can file accusations of violations of child 
labor laws.
    The Government, through the National Children's Assistance 
Institute, worked to create, train, and strengthen child protection 
networks at the provincial and municipal level in all 18 provinces. The 
network reported cases in which they successfully identified and 
removed children from exploitative work situations, but no mechanism 
existed to track cases or provide statistics. The Government also 
dedicated resources to the expansion of educational opportunities for 
children.

    e. Acceptable Conditions of Work.--During the year MAPESS raised 
the minimum wage in the formal sector to approximately 8,600 kwanzas 
($130) per month, which did not provide a decent standard of living for 
a worker and family. As a result, most wage earners held second jobs or 
depended on the agricultural or other informal sectors to augment their 
incomes. However, the majority of citizens derived their income from 
the informal sector or subsistence agriculture, and therefore fell 
outside of government protection of working conditions.
    The standard workweek is 40 hours with at least one unbroken period 
of 24 hours of rest per week. There is a limit on work of 54 hours per 
week. Required premium pay for overtime is time and a half for up to 30 
hours of overtime, and time and three quarters from 30 to 40 hours. In 
the formal sector, there is a prohibition on excessive compulsory 
overtime, defined as more than two hours a day, 40 hours a month, or 
200 hours a year. These standards were not enforced effectively unless 
employees requested it.
    The Government has set occupational health and safety standards; 
however, the Ministry of Labor's Office of the Inspector General did 
not enforce these standards effectively. Workers have the right to 
remove themselves from situations that endangered health or safety 
without jeopardy to their employment, but the right was not exercised 
in practice.

                               __________

                                 BENIN

    Benin is a constitutional democracy with a population of 7.9 
million. In 2006 President Boni Yayi was elected to a five-year term in 
multiparty elections. In March 2007 legislative elections, President 
Yayi's Cowry Force for an Emerging Benin (FCBE) won 35 of 83 seats in 
the National Assembly and formed a majority with a group of 13 National 
Assembly members from minor political parties. This coalition proved 
unstable and at year's end the National Assembly was at a standstill, 
with the opposition majority group blocking all outstanding bills. 
International observers viewed both the presidential and legislative 
elections as generally free and fair. However, municipal and local 
elections held on April 20 and May 1 were marred by numerous 
irregularities, protests, and credible allegations of fraud. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens. However, there were problems in some areas. A blunder by 
security forces resulted in one death and injuries. There were reports 
that police occasionally used excessive force. Vigilante violence 
resulted in deaths and injuries. Harsh prison conditions and arbitrary 
arrest and detention with prolonged pretrial detention continued. 
Impunity and corruption were problems. Women were victims of violence 
and societal discrimination, and female genital mutilation (FGM) was 
commonly practiced. Trafficking and abuse of children, including 
infanticide 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
on February 13, security forces killed a man and seriously injured 
three other persons in Wawata-Zounto, a village in the south, while 
intervening in a brawl between two local groups over a land access 
issue. A group of people was attempting to open a road across a plot of 
land without the landowner's permission. A brawl broke out when the 
landlord, accompanied by supporters, tried to prevent the trespassers 
from opening the road. The gendarmes who responded to restore order 
then were threatened with machetes and sticks; they fired on the crowd, 
killing one local resident and seriously injuring three. No action was 
taken against the gendarmes.
    The police generally ignored vigilante attacks, and incidents of 
mob violence continued to occur, in part due to the perceived failure 
of local courts to adequately punish criminals. Such cases generally 
involved mobs killing or severely injuring suspected criminals, 
particularly thieves caught stealing. For example, on June 23, 
residents of a Cotonou suburb caught a young man stealing a can of gas. 
They beat him and stabbed him to death. The police came to the crime 
scene to file a report, but made no concerted effort to investigate or 
arrest those involved in the killing.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
the Government did not always respect these prohibitions. Beatings in 
custody were reportedly commonplace.
    There was no further information regarding the February 2007 
incident when presidential guards shot and injured two persons for 
failing to obey instructions when President Yayi's motorcade passed. At 
the time, the guards were reportedly arrested.
    The Government continued to make payments to victims of torture 
under the former military regime.
    Mob violence resulted in deaths and injuries. For example, on 
November 25, a motorbike-taxi driver alerted the residents of a Cotonou 
neighborhood that four individuals were allegedly trying to steal his 
motorbike. A crowd armed with clubs and machetes pursued the four 
individuals, caught two of them, and beat them. Both died from the 
injuries they sustained. No investigation was carried out by the police 
and there were no arrests.

    Prison and Detention Center Conditions.--Prison conditions 
continued to be extremely harsh. Overcrowding and lack of proper 
sanitation and medical facilities posed risks to prisoners' health. 
According to a 2006 survey, the eight civil prisons were filled far 
beyond their capacity.
    Prison diet was inadequate, and malnutrition and disease were 
common. Family members were expected to provide food for inmates to 
supplement prison rations. There were deaths in prison due to 
malnutrition, disease, and neglect, although statistics were not 
available.
    Juveniles at times were housed with adults. Pretrial detainees were 
held with convicted prisoners, although not with the most violent 
convicts or those convicted of crimes subject to the death penalty.
    The Government permitted prison visits by human rights monitors. 
Nongovernmental organizations (NGOs) and religious groups continued to 
visit prisons. Organizations that visited prisons during the year 
included the International Committee of the Red Cross, Amnesty 
International, the local chapter of Prison Brotherhood, CARITAS, and 
Prisoners without Borders.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, at times the 
authorities did not respect these prohibitions.

    Role of the Police and Security Apparatus.--The police, under the 
Ministry of Interior, have primary responsibility for enforcing law and 
maintaining order in urban areas; the gendarmerie, under the Ministry 
of Defense, performs the same function in rural areas. The police were 
inadequately equipped, poorly trained, and ineffective in conducting 
investigations related to gender-based crimes and in their failure to 
prevent or respond to mob violence. The Government continued to address 
these problems by recruiting more officers, building more stations, and 
modernizing equipment during the year; however, serious problems 
remained, including widespread corruption and impunity. Police 
continued to extort money from travelers at roadblocks.

    Arrest and Detention.--The constitution requires arrest warrants 
based on sufficient evidence and issued by a duly authorized official 
and requires a hearing before a magistrate within 48 hours; under 
exceptional circumstances the magistrate may authorize continued 
detention not to exceed eight days. Detainees have the right to prompt 
judicial determination and the right to prompt lawyer access after 
being brought before a judge; they are also allowed to receive family 
visits. After examining a detainee, the judge has 24 hours to decide 
whether to continue to detain or release the individual. Defendants 
awaiting judicial decisions may request release on bail; however, the 
attorney general must agree to the request. Warrants authorizing 
pretrial detention were effective for six months and could be renewed 
every six months until the suspect was brought to trial. The Government 
provided counsel to indigents in criminal cases.
    There were credible reports that the gendarmes and the police 
exceeded the legal limit of 48 hours of detention in many cases, 
sometimes by as much as a week. Authorities often used the 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. 
Inadequate facilities, poorly trained staff, and overcrowded dockets 
delayed the administration of justice.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, but the Government did not always respect 
this provision. The judiciary remained inefficient in some respects and 
it was commonly believed-and acknowledged by some judicial personnel-
that the judicial system at all levels was susceptible to corruption. 
Nevertheless, there were no reports that judicial employees were 
sanctioned or arrested on corruption charges during the year.
    The president appoints career magistrates as judges in civil 
courts. The president is assisted in this responsibility by the High 
Judicial Council that serves also as a disciplinary committee for 
magistrates and considers pardon cases that the president submits. The 
constitution gives the Ministry of Justice administrative authority 
over judges, including the power to transfer them.
    Civilian courts operate on national and provincial levels. There 
are two courts of appeals. The Supreme Court is the court of last 
resort in all administrative and judicial matters. The Constitutional 
Court determines the constitutionality of laws, adjudicates disputes 
between the president and the National Assembly, and rules on disputes 
regarding presidential and legislative elections. It also has 
jurisdiction in human rights cases. There is also a High Court of 
Justice to try the president and ministers for crimes related to their 
official responsibilities.
    In October 2007 the Constitutional Court ruled that the First 
Instance Court of Ouidah violated provisions of the African Charter on 
Human and People's Rights and the Beninese Constitution when it delayed 
the transmission of a citizen's appeal to Cotonou's Court of Appeals.
    Military disciplinary councils deal with minor offenses by members 
of the military services; they have no jurisdiction over civilians.

    Trial Procedures.--The constitution provides for the right to a 
fair trial; however, judicial inefficiency and corruption impeded 
exercise of this right.
    The legal system is based on French civil law and local customary 
law. A defendant is presumed innocent. Jury trials are used in criminal 
cases. A defendant has the right to be present at trial and to 
representation by an attorney, at public expense if necessary; the 
court provides indigent defendants with counsel upon request. A 
defendant has the right to confront witnesses and to have access to 
government held evidence. Defendants are allowed to present witnesses 
and evidence on their own behalf. Defendants can appeal criminal 
convictions to the court of appeals and the Supreme Court, after which 
they may appeal to the president for a pardon. 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. The Government extends the above rights to all citizens 
without discrimination.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. If administrative or informal 
remedies are unsuccessful, any citizen may file a complaint concerning 
an alleged human rights violation with the constitutional court.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions. The law requires 
police to obtain a judicial warrant before entering a private home, and 
they generally observed this requirement.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government did not 
always respect these rights. There were reports that security forces 
intimidated and brutalized journalists. The Government occasionally 
inhibited freedom of the press. The law criminalizes libel, and 
numerous journalists faced pending libel charges. The law prohibits 
private citizens and the press from declaring or predicting election 
results. Journalists practiced self-censorship.
    On August 13 a parliamentary correspondent complained to the 
Beninese Union of Media's Workers (UPMB) that the head of the military 
detachment stationed at the National Assembly threatened him with 
death, allegedly because he published articles criticizing a government 
policy. There was no further action on this matter.
    A September report published by the NGO Human Rights, Peace and 
Development stated that the Government awarded ``communication 
contracts'' to private media for propaganda purposes, adversely 
influencing the exercise of freedom of the press.
    In December 2007, gendarmes brutalized and arrested a private 
television station's technician who was on a reporting mission in the 
southeast of the country. The technician was later released without 
charge, and no charges were filed against the gendarmes. The 
constitution provides for prison sentences involving compulsory labor 
for certain actions related to the right of free expression; penalties 
are for threats to public order or calls to violence, but the law is 
vaguely worded and susceptible to abuse. There were no reports that the 
law was invoked during the year.
    The independent media were active and expressed a wide variety of 
views without restriction. Publications criticized the Government 
freely and frequently, but their effect on public opinion was limited 
due to restricted circulation 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 
under embargo.
    The Government continued to own and operate the most influential 
media organizations by controlling broadcast range and infrastructure. 
The majority of citizens lived in rural areas, were illiterate, and 
generally received their news via radio. The Governmental Office of 
Radio and Television (ORTB) broadcast in French and local languages. 
Fifteen rural community radio stations received support from the ORTB, 
and broadcast several hours a day exclusively in local languages. Radio 
France International and the BBC broadcast in Cotonou. One government-
owned and several private television stations also operated.
    The 2007 National Report on Press Freedom said that judges were 
often lax in prosecuting libel cases. At the end of 2007, 150 libel 
cases were still pending before the first instance court of Cotonou, 
and a report from the judiciary indicated that the court continued to 
receive libel cases against journalists during the year; however, as in 
2007, judges generally refrained from prosecuting them. In February 
2007, the court sentenced three journalists and an executive of a 
private media group to six-month prison sentences without parole and 
imposed heavy damages and fines for publishing a story alleging that 
the sacking of a former minister was linked to his mismanagement of a 
public housing project. The journalists and the executive filed an 
appeal and were not jailed pending resolution of their appeal; the 
appeal was reportedly settled amicably during the year.
    The Government penalized journalists who published items counter to 
government guidelines. On January 21 the general director of the 
official National Printing and Press Corporation (ONIP) relieved a 
journalist of his duties at the editorial offices of the Government-
owned newspaper La Nation and transferred him to ONIP's communication 
department because he allegedly published articles counter to the 
Government's guidelines.
    The High Authority of Audiovisual and Communication (HAAC) oversaw 
media operations and required broadcasters to submit weekly lists of 
planned programs and publishers to submit copies of all publications; 
however, the media did not comply with these requirements in practice. 
The HAAC claimed that the information was used for administrative 
purposes; however, some journalists complained that it was a form of 
harassment.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.
    Internet access was widely available in cities, primarily in 
Internet cafes, but for many the cost of using the Internet was 
prohibitive. Due to a lack of infrastructure, Internet access was not 
available in most rural areas.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected these rights. The Government 
requires permits for use of public places for demonstrations and 
generally granted such permits; however, the authorities sometimes 
cited ``public order'' to deny requests for permits from opposition 
groups, civil society organizations, and labor unions.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right. The Government requires associations to register and routinely 
granted registration.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    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 registration or subjected to unusual delays or obstacles in the 
registration process.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against members of religious groups. 
There was no known Jewish community, and no reports of anti Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights; 
however, the presence of police, gendarmes, and illegal roadblocks 
impeded domestic movement. Although ostensibly meant to enforce vehicle 
safety and customs regulations, many checkpoints served as a means for 
police and gendarmes to exact bribes from travelers. The Government 
maintained previously implemented measures to combat such corruption at 
roadblocks, but they were not always effective, and extortion commonly 
occurred.
    The Government maintained documentary requirements for minors 
traveling abroad as part of its continuing campaign against trafficking 
in persons.
    The Government's policy toward the seasonal movement of livestock 
allowed migratory Fulani (Peul) herdsmen from other countries to enter 
and depart freely; the Government did not enforce designated entry 
points. Disputes sometimes arose between herdsmen and local landowners 
over grazing rights.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government cooperated with the Office 
of the UN High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees and asylum seekers. The Government 
did not provide temporary protection during the year. If individuals do 
not qualify as refugees under the 1951 convention or the 1967 protocol, 
authorities direct them to the Immigration Office to apply for a 
residence permit.
    The Government continued to permit Togolese refugees residing in 
local communities and refugee camps to participate in most economic 
activities and to enroll their children in local schools. In April 
2007, UNHCR and the Governments of Benin and Togo signed a tripartite 
agreement to organize the voluntary repatriation of Togolese refugees. 
As a result, during 2007 a total of 2,064 Togolese refugees returned to 
Togo, 941 of them through the UNHCR's voluntary repatriation program. 
During the year, approximately 350 Togolese refugees returned to Togo 
through the UNHCR voluntary repatriation program.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and generally fair elections held on the basis of 
universal suffrage.

    Elections and Political Participation.--In 2006 President Boni Yayi 
was elected to a five year term in multiparty elections. In March 2007 
legislative elections, President Yayi's FCBE won 35 of 83 seats in the 
National Assembly. A group of 13 National Assembly deputies from minor 
political parties (the G-13) joined the FCBE to form a majority of 48 
seats in the National Assembly. During the year, the G-13 dissolved the 
coalition amidst political tension and the FCBE was left with its 
initial 35 seats. The G-13 sided with opposition parties and formed a 
blocking majority, which remained the situation at year's end.
    International observers viewed both the presidential and 
legislative elections as generally free and fair. However, fraud 
allegations and irregularities marred the April 20 and May 1 local and 
municipal elections. Voters filed hundreds of appeals with the Supreme 
Court, which annulled results in a number of communes and ordered new 
elections and recounting of votes in constituencies where results were 
disputed.
    Individuals and parties could freely declare their candidacy and 
stand for election. There were no government restrictions on political 
opposition. No single party or group has recently dominated politics.
    There were eight women in the National Assembly and 4 female 
ministers in the 30 member cabinet. Two of seven justices on the 
Constitutional Court were women. The president of the High Court of 
Justice also was a woman.
    The country has no majority ethnic group. Diverse ethnic groups 
were well represented in government agencies, civil service, and the 
armed forces. In the National Assembly, 11 members were from the Goun, 
Nago, and Yoruba ethnic groups, 24 from the Bariba, Somba, and Dendi 
ethnic groups, and 34 from the Fon, Goun, Adja, and other smaller 
groups. Nine cabinet ministers were from the Bariba, Somba, and Dendi 
ethnic groups, 15 were from the Fon, Goun, and Adja ethnic groups, and 
three were from the Yoruba and Nago ethnic group.

    Government Corruption and Transparency.--Official corruption 
remained widespread. President Yayi continued his 2006 anticorruption 
initiative. He invited Tymon Ratlholo, the head of the Botswana 
Directorate on Corruption and Economic Crime, to conduct sensitization 
and experience sharing sessions on corruption for officials, 
businessmen and students in November and December.
    No formal action was taken by year's end on the 2007 finding by the 
State Audit Office (IGE) that approximately 300 civil servants may have 
embezzled 23 billion CFA francs (approximately $46 million). The IGE 
had turned its findings over to the Ministry of Justice for further 
investigation and possible action.
    In June 2007 the NGO Front of National Anticorruption Organizations 
accused two deputies of the National Assembly, who formerly had been 
executive directors of the Benin Electric Energy Corporation, of 
mismanagement and embezzlement of public funds. President Yayi asked 
the National Assembly to lift the immunity of the two deputies so they 
could be questioned by the IGE; however, their immunity was not lifted 
by year's end.
    One of the three former government ministers accused in 2006 of 
embezzling one billion CFA francs (approximately $2 million), Alain 
Adihou, remained in pretrial detention at year's end. Of the other two, 
Cosme Sehlin was released on bail in 2006 and Valentin Houde was 
exonerated.
    A June 6 Supreme Court ruling ordered the provisional release 
without bail of Sefou Fagbohoun, a businessman and political leader 
arrested for alleged mismanagement and embezzlement from the parastatal 
SONACOP in 2006. He was released on July 3, and joined the National 
Assembly as a deputy on July 7.
    The Watchdog to Combat Corruption, a governmental anticorruption 
agency, launched a nationwide effort to publicize the National 
Strategic Plan to Combat Corruption and conducted a survey to gauge the 
magnitude of petty corruption and bribery in the public administration. 
During the year, the Watchdog provided awareness and training sessions 
for ministry officials on issues of transparency in public contracts 
and impunity in the public administration. The Watchdog also trained 
judicial personnel on the UN Convention Against Corruption and the 
African Union Convention on Preventing and Combating corruption.
    There are no laws providing for public access to government 
information, and it was unclear whether requests for such access were 
granted.
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. The Government 
met with domestic NGO monitors through the Advisory National Human 
Rights Council.
    Local human rights NGOs included the League for the Protection of 
Human Rights in Benin, the National Christian Youth Association for 
Awareness and Development, Association for the Support of Development 
and Peace, Solidarity for Behavioral Change, Benin Prison Fellowship, 
Children's Rights Social Organizations' Network, and others. Local NGOs 
were independent. Some local NGOs have formed networks for more 
efficient implementation of their programs and to pool resources.
    The Government cooperated with international organizations. During 
the year, representatives of the CPT and of the UN Committee on the 
Elimination of Discrimination Against Women visited the country. 
Following its visit, the CPT made wide-ranging recommendations. On 
November 19, the World Committee Against Torture and the International 
Federation of Action by Christians for the Abolition of Torture, in 
conjunction with the Ministry of Justice, Legislation and Human Rights 
and local NGOs, held a follow-up seminar to consider the 
recommendations made by the CPT and to map out strategies for the 
implementation of these recommendations by the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, and social status; however, societal 
discrimination against women continued. Persons with disabilities were 
disadvantaged.

    Women.--The law prohibits rape, but enforcement was weak due to 
police ineffectiveness, victims' unwillingness to refer cases to the 
police for fear of social stigma, and corruption. The penal code does 
not make a distinction between rape in general and spousal rape. 
Sentences for rape convictions ranged from one to five years' 
imprisonment. No reliable data was available to estimate the extent of 
the problem.
    Domestic violence against women was common. The penal code 
prohibits domestic violence, and penalties ranged from six to 36 
months' imprisonment. However, NGO observers believed that women 
remained reluctant to report cases. Judges and police were reluctant to 
intervene in domestic disputes; society generally considered such cases 
to be internal family matters. The local chapter of a regional NGO, 
Women in Law and Development Benin and the Female Jurists Association 
of Benin, offered social, legal, medical, and psychological assistance 
to victims of domestic violence. The Office of Women's Promotion under 
the jurisdiction of the Ministry of Family and Solidarity is 
responsible for protecting and advancing women's rights and welfare.
    Female genital mutilation (FGM) was practiced on girls and women 
from infancy up to 30 years of age, and generally took the form of 
excision. Approximately 17 percent of women have undergone FGM; the 
figure was higher in some regions, including Atacora (45 percent) and 
Borgou (57 percent), and among certain ethnic groups; more than 70 
percent of Bariba, Yoa-Lokpa, and Peul (Fulani) women have undergone 
FGM. Younger women were less likely to be excised than their older 
counterparts. Those who performed the procedure, usually older women, 
profited from it. The law prohibits FGM and provides for penalties for 
performing the procedure, including prison sentences of up to 10 years 
and fines of up to six million CFA francs (approximately $12,000); 
however, the Government generally was unsuccessful in preventing the 
practice. Individuals who were aware of an incident of FGM but did not 
report it potentially faced fines ranging from 50,000 to 100,000 CFA 
francs ($100 to $200). Enforcement was rare, however, due to the code 
of silence associated with this crime.
    NGOs continued to educate rural communities about the dangers of 
FGM and to retrain FGM practitioners in other activities. A prominent 
NGO, the local chapter of the Inter African Committee, made progress in 
raising public awareness of the dangers of the practice, and the 
Government cooperated with these efforts. The Ministry of Family 
continued an education campaign that included conferences in schools 
and villages, discussions with religious and traditional authorities, 
and displaying banners. NGOs also addressed this issue in local 
languages on local radio stations.
    Prostitution, especially child prostitution, was a problem. There 
were credible reports that tourists visiting the Pendjari National Park 
in the far northwest of the country used the services of prostitutes, 
many of them minors. It was not clear whether these tourists operated 
through a local or an international network, or whether they came to 
the region primarily for sex tourism.
    Under the penal code there are no penalties imposed on prostitutes; 
however, those who facilitate prostitution and individuals who profit 
financially from prostitution, including traffickers and brothel 
owners, face penalties including imprisonment of six months to two 
years and fines of 400,000 to four million CFA francs ($800 to $8,000) 
depending on the severity of the offense. Individuals involved in child 
prostitution, including those who facilitate or solicit it, face 
imprisonment of two to five years and fines of one million to ten 
million CFA francs ($2,000 to $20,000). Although there are no penalties 
in the penal code for prostitutes, the belief that prostitution is 
illegal is widespread, and police often raid brothels to arrest 
prostitutes to deter the practice; the prostitutes are then released 
without being charged with any offense.
    Sexual harassment was common, especially of female students by 
their male teachers. In 2006 the National Assembly passed a law 
prohibiting sexual harassment and offering protection for victims. 
Under the law, persons convicted of sexual harassment face sentences of 
one to two years in prison and fines ranging from 100,000 to one 
million CFA francs ($200 to $2,000). The law also provides penalties 
for persons who are aware of sexual harassment and do not report it. 
Enforcement of these laws was lax due to law enforcement agents' and 
prosecutors' lack of legal knowledge and necessary skills to pursue 
such cases, and victims' fear of social stigma. Although this specific 
law was not enforced, judges used other provisions in the penal code to 
deal with sexual abuses involving minors.
    Although the constitution provides for equality for women in the 
political, economic, and social spheres, women experienced extensive 
discrimination, especially in rural areas where they traditionally 
occupied a subordinate role and were responsible for much of the hard 
labor on subsistence farms. In urban areas women dominated the informal 
trading sector in the open air markets. During the year, the Government 
and NGOs continued to educate the public on the 2004 family code, which 
provides women with inheritance and property rights and significantly 
increases their rights in marriage, including prohibitions on forced 
marriage, child marriage, and polygamy. In practice women experienced 
discrimination in obtaining employment, credit, and equal pay, and in 
owning or managing businesses. During the year, the Government granted 
micro credits to the poor, especially to women in rural areas to help 
them develop income-generating activities. An estimated 450,000 people 
benefited from this micro credits project.

    Children.--The Government has stated publicly its commitment to 
children's rights and welfare, but it lacked the resources to carry out 
that commitment. The Ministry of Family is 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 have oversight roles in the promotion of human 
rights issues with regard to child welfare.
    Particularly in rural areas, parents often did not declare the 
birth of their children, either out of ignorance or because they could 
not afford the fees for birth certificates. A 2001 survey indicated 
that a quarter of children under 18 were not registered at birth. This 
could result in denial of public services such as education and health 
care. Several donors have taken action to increase the number of 
registered children. Over the last two years, the NGO PLAN 
International has supported the free registration of children who need 
to take the primary school leaving exam. (Without a birth certificate 
children may attend primary school but cannot take the exam.) UNICEF 
and the NGO CRS/World Education have supported the Government's 
campaign to register every birth.
    Primary education was compulsory for all children between four and 
a half years and nine years of age. It became tuition free for all 
children starting with the 2007-08 school year; however, in some parts 
of the country, girls received no formal education. Parents often 
voluntarily paid tuition for their children because many schools had 
insufficient funds. The Government offered books to pupils at reduced 
prices. According to the UN Children's Fund (UNICEF), primary school 
enrollment was approximately 90 percent for boys and 60 percent for 
girls; 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 male literacy-estimated to be approximately 50 percent-was 
at least twice as great as female literacy.
    FGM was commonly practiced on girls; See Section 5, Women, above.
    The family code prohibits marriage under 14 years of age; however, 
the practice continued in rural areas. Underage (14 to 17 years of age) 
marriage was permitted with parental consent. There also was a 
tradition in which a groom abducts and rapes his prospective child 
bride. The practice was widespread in rural areas, despite government 
and NGO efforts to end it through information sessions on the rights of 
women and children. Local NGOs reported that the ongoing practice was 
concealed by the community.
    Despite widespread NGO campaigns, the traditional practices of 
killing deformed babies, breech babies, babies whose mothers died in 
childbirth, and one of two newborn twins (because they were considered 
sorcerers) continued in some rural areas, and perpetrators acted with 
impunity.
    Through the traditional practice of ``vidomegon,'' poor, generally 
rural, families placed a child in the home of a wealthier family. The 
child received living accommodations, while the child's parents and the 
urban family that raised the child split the income generated by the 
child's activities; however, the child often faced forced labor, long 
hours, inadequate food, and sexual exploitation. Vidomegon was 
traditionally intended to provide better educational opportunities and 
a higher standard of living for children of poor families; however, 
this practice has made children more vulnerable to labor exploitation 
and to trafficking. Up to 95 percent of the children in vidomegon were 
young girls.
    Criminal courts meted out stiff sentences to criminals convicted of 
crimes against children, but many such crimes never reached the courts 
due to lack of education or of access to the courts or fear of police 
involvement.
    Child prostitution was a problem. Some children, including street 
children, engaged in prostitution to support themselves.
    Child labor, although illegal, remained a problem.
    There were many street children, most of whom did not attend school 
and lacked access to basic education and health services.

    Trafficking in Persons.--The law prohibits trafficking in children, 
but no law prohibits trafficking in adults. However, the Government has 
used laws that prohibit human smuggling and the labor code to prosecute 
traffickers.
    The country was a source, transit point, and destination for 
trafficked persons, primarily children trafficked for forced labor and 
sexual exploitation. The majority of trafficking occurred internally 
within the extended family or community; however, organized criminal 
networks were also active. Children were trafficked to Ghana, Nigeria, 
Gabon, Cote d'Ivoire, Republic of Congo, Guinea-Bissau, and the Central 
African Republic for indentured or domestic servitude, farm labor, 
labor in stone quarries, and prostitution. In addition, children were 
taken across the border to Togo and Cote d'Ivoire to work on 
plantations. Children from Niger, Togo, and Burkina Faso were 
trafficked to the country for indentured or domestic servitude. 
Trafficked children generally came from poor rural areas and were 
deceitfully promised educational opportunities or other incentives. 
There were no reports of trafficking of adults.
    The penal code prohibits child prostitution; however, enforcement 
was limited, and the commercial sexual exploitation of children was a 
problem. Child prostitution often involved girls whose poor families 
urged them to become prostitutes to provide income. Other children were 
lured to exchange sex for money by older men, often traffickers, who 
acted as their ``protectors.'' Some children were abused sexually by 
teachers who sought sex in exchange for better grades. NGOs and 
international organizations organized assistance to child prostitution 
victims and worked on prevention programs.
    Penalties for traffickers involved in ``labor exploitation'' ranged 
from fines to prison terms, forced labor, or the death penalty, 
depending on the severity of the crime and the length of time over 
which the exploitation occurred; however, enforcement was lax. No 
statistics were available on the number of cases.
    The 2006 law against child trafficking provides for increased 
penalties for the trafficking of minors, including imprisonment from 
six months to life, depending on the severity of the crime, and fines 
from 50,000 to five million CFA francs ($100 to $10,000). Individuals 
who are aware of child trafficking offenses and do not report them can 
be fined 10,000 to 50,000 CFA francs (approximately $20 to $100).
    During the year the Government continued its efforts to arrest and 
prosecute traffickers. In January and February, the Minor Protection 
Brigade (BPM), under the Ministry of Interior and Public Security, 
arrested six child traffickers. On August 7, in the commune of Materi, 
security forces arrested a trafficker who attempted to cross the Benin-
Burkina Faso border with three children destined for labor exploitation 
in Burkina Faso.
    During the year, in cooperation with the concerned countries, the 
brigade rescued 222 trafficking victims en route to and from the 
following countries: Nigeria, Gabon, Cote d'Ivoire, Cameroon, Mali, and 
the Republic of Congo. It brought a total of 58 individuals involved in 
child trafficking to the Court of Cotonou. Victims spent a few days at 
the BPM's shelter before they were sent, in conjunction with the 
Ministry of Family and Solidarity, to other shelters for further social 
investigation towards their reintegration.
    In 2006, together with 23 other West and Central African countries, 
the Government signed an agreement to adopt an action plan to combat 
trafficking. Regional efforts also continued between heads of state of 
concerned countries to identify, investigate, and prosecute agents and 
traffickers, and to protect and repatriate trafficking victims. On 
November 18, the Government of Cameroon in conjunction with the 
Government of Benin arranged the return of 21 Beninese who were rescued 
from a shipwreck off the Cameroonian coast. Among those were nine 
trafficked children whom the BPM sent to shelters for reintegration.
    Since 1999 UNICEF and other donors have supported the Ministry of 
Family to establish, equip, and train more than 1,300 local committees 
to combat child trafficking through community surveillance and 
monitoring. During the year, activity focused on child trafficking in 
northern Benin. The BPM sought to prevent crimes against children and 
investigated cases of child trafficking and other crimes committed 
against children. It arrested traffickers, rescued victims, and worked 
towards their social reintegration. The Government worked with NGOs to 
combat child trafficking, using media campaigns and greater border 
surveillance; however, police complained that they lacked equipment to 
adequately monitor trafficking. Resource constraints, prevailing 
cultural attitudes, and a lack of interagency coordination prevented 
the Government from meeting minimum standards for the elimination of 
trafficking.
    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 on farms. Efforts 
included the provision of food, shelter, and medical treatment. The 
Ministry of Family also cooperated with partners to operate centers in 
urban areas to provide education and vocational training to victims of 
child trafficking. During the year government efforts to reunite 
trafficked children with their families continued.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Discrimination against persons with 
physical and mental disabilities is not prohibited by law; however, the 
law provides that the Government should care for persons with 
disabilities. 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 limited effectiveness 
during the year. The Office of Labor under the Ministry of Labor and 
Civil Service is responsible for protecting the rights of persons with 
disabilities.

    Other Societal Abuses and Discrimination.--There were no reports of 
overt societal discrimination or violence based on a person's sexual 
orientation.
    There were no reports of overt discrimination or violence based on 
HIV/AIDS status. Since 2006 it has been illegal to discriminate against 
a person, at any stage of hiring or employment, based on his or her HIV 
status.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and the Government generally respected these 
rights. Workers have the right to strike, and they exercised it during 
the year. Unions must register with the Ministry of Interior, a three-
month process, or risk a fine.
    The labor force of approximately 3.2 million was engaged primarily 
in subsistence agriculture, with only a small percentage working in the 
formal wage sector. Although an estimated 75 percent of government 
workers belonged to labor unions, a much smaller percentage of workers 
in the private sector were union members.
    Workers must provide three days notice before striking; however, 
authorities can declare strikes illegal for reasons such as threatening 
social peace and order, and can requisition striking workers to 
maintain minimum services. The Government may not prohibit any strike 
on the grounds that it threatens the economy or the national interest. 
Laws prohibit employer retaliation against strikers, except that a 
company may withhold part of a worker's pay following a strike. The 
Government enforced these laws effectively.
    The Merchant Marine Code grants seafarers the right to organize, 
but not the right to strike.

    b. The Right to Organize and Bargain Collectively.--The labor code 
allows unions to conduct their activities without interference, and the 
Government generally protected this right. The labor code provides for 
collective bargaining, and workers freely exercised this right. The 
Government sets wages in the public sector by law and regulation.
    The labor code prohibits antiunion discrimination. Employers may 
not take union membership or activity into account in hiring, work 
distribution, professional or vocational training, or dismissal; 
however, the Government did not always enforce these provisions, and 
there were reports that employers threatened individuals with dismissal 
for union activity.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The labor code 
prohibits forced or compulsory labor, including by children; however, 
such practices occurred in the agricultural, fishing, commercial, and 
construction sectors, and trafficking in persons was a problem.
    The law provides for imprisonment with compulsory labor, and during 
the year judges sentenced convicts to forced labor for various crimes.

    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 due in part to limited government enforcement of the law. To 
help support their families, children of both sexes-including those as 
young as seven- continued to work on 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. A 
majority of children working as apprentices was under the legal age for 
apprenticeship of 14. For example, in Tchatchegou, a small village in 
the north, children worked with adults in a granite quarry located 
within view of the main north-south highway.
    Forced child labor and prostitution by street children were 
problems. Children under 14 work in either the formal or informal 
sectors in the following activities: agriculture, hunting and fishing, 
industry, construction and public works, trade/vending and food/
beverage, transportation, and communication and other services, 
including employment as household staff.
    Some parents indentured their children to ``agents'' recruiting 
farm hands or domestic workers, often on the understanding that the 
children's wages would be sent to the parents. In some cases these 
agents took the children to neighboring countries for labor. Many rural 
parents sent their children to cities to live with relatives or family 
friends to perform domestic chores in return for receiving an 
education. Host families did not always honor their part of the 
bargain, and abuse of child domestic servants was a problem.
    The labor office under the Ministry of Labor and Civil Service 
enforced the labor code ineffectively and only in the formal sector due 
to the lack of inspectors. The Government took steps to educate parents 
on the labor code and to prevent compulsory labor by children, 
including through media campaigns, regional workshops, and public 
pronouncements on child labor problems. The Government also worked with 
a network of NGOs and journalists to educate the population about child 
labor and child trafficking.

    e. Acceptable Conditions of Work.--The Government set minimum wage 
scales for a number of occupations. The minimum wage was 30,000 CFA 
francs (approximately $60) 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; many domestics and other laborers in the informal 
sector earned less. The Office of Labor enforced the minimum wage; 
however, its efforts were impeded by the small number of labor 
inspectors. Significant parts of the work force and foreign workers 
were not covered by minimum wage scales.
    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, above the maximum provided for under 
the labor code of 12 hours per day or 60 hours per week. The labor code 
also mandates premium pay for overtime and prohibits excessive 
compulsory overtime. The authorities generally enforced legal limits on 
workweeks in the formal sector.
    The code establishes health and safety standards, but the Ministry 
of Labor and Public Service 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 effectively do so.

                               __________

                                BOTSWANA

    Botswana, with a population of 1.84 million, has been a multiparty 
democracy since independence in 1966. Its constitution provides for 
indirect election of a president and popular election of a National 
Assembly. On April 1, President Festus Mogae, who was elected during 
elections generally deemed to be free and fair in 2004, resigned from 
office and handed over power to Vice President Ian Khama. The Botswana 
Democratic Party (BDP) has held a majority of National Assembly seats 
since independence. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, some problems remained, including abuse of detainees 
by security forces, poor prison conditions, lengthy delays in the 
judicial process, restrictions on press freedom, violence against 
women, and child abuse. Societal discrimination against women, persons 
with disabilities, homosexuals, persons with HIV/AIDS, persons with 
albinism, and members of the San ethnic group was a problem. The 
Government restricted the right to strike, and child labor occurred. 
The Government's continued narrow interpretation of a 2006 high court 
ruling resulted in the majority of San originally relocated from the 
Central Kalahari Game Reserve (CKGR) being prohibited from returning to 
or hunting in the CKGR.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings. Five 
persons were killed during apprehension by police in three separate 
incidents during the year. The Director of Public Prosecution launched 
investigations into the deaths; no charges had been made by year's end.
    There were no further developments in the June 2007 killing by 
police of a man in Ramotswa or the 2006 killing of a man in Gaborone.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that security forces occasionally beat and abused 
suspects to obtain evidence or elicit confessions. During the year the 
Botswana Police Service (BPS) investigated three abuse complaints. For 
example, in October the Directorate of Intelligence and Security 
Services (DISS) allegedly tortured, by beating and suffocation during 
an extended interrogation, four men, including two police officers and 
two soldiers, after a weapon in their possession went missing. An 
investigation was ongoing at year's end.
    There were no developments in the March 2007 case in which two men 
facing robbery and murder charges stated that threats and beatings were 
used to obtain their confessions.
    In October a magistrate ruled in the trial of five soldiers and two 
police special constables accused of forcing several Zimbabwean 
detainees to perform sex acts on each other in 2005. The five Botswana 
Defense Force (BDF) members were convicted of indecent assault, and 
they awaited sentencing at year's end. The two special constables were 
acquitted of the charge.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor due to overcrowding. In September the prison system held 
approximately 6,300 prisoners, which exceeded the authorized capacity 
of 4,900. Overcrowding, which was worse in men's prisons, constituted a 
serious health threat due to the high incidence of HIV/AIDS and 
tuberculosis. Rape of inmates by inmates occurred.
    Voluntary and free HIV testing, peer counseling, and antiretroviral 
(ARV) drug treatment were available to prisoners. As of September 2007, 
314 prisoners were receiving ARV treatment, and two HIV-positive 
pregnant prisoners were participating in a ``prevention of mother-to-
child transmission'' program. The Government did not provide ARV 
treatment to noncitizens in detention, but those in long-term detention 
could receive such treatment for free from a local nongovernmental 
organization (NGO). Some children, typically under age six and 
occasionally older, were held with their mothers. The prison 
commissioner had the authority to release terminally ill prisoners in 
the last 12 months of their sentences and to allow citizen prisoners 
with sentences of 12 months or less to complete their sentences outside 
the prison by completing an ``extramural'' work release program at 
government facilities. Eligible prisoners must have served short-term 
sentences with at least half of their sentence complete and must not 
have been previously incarcerated. Prisoners convicted of serious and 
violent felonies were ineligible. By September, in order to ease 
overcrowding, 1,031 prisoners had been released to complete their 
sentences in the program.
    Mistreatment of prisoners is illegal. The Department of Prisons did 
not provide information on the number of complaints received regarding 
mistreated inmates or deaths in custody.
    Juveniles occasionally were held with adults. Some parents 
requested that their incarcerated children be transferred to facilities 
nearer to home, which also resulted in the detention of juveniles with 
adults. Pretrial detainees and convicts were held together.
    Committees appointed by the minister of labor and home affairs 
visited each prison twice in 2007. Committee reports were not made 
public. In previous years the Government permitted the International 
Committee of the Red Cross (ICRC) to visit prison facilities; however, 
there were no prisoners with whom the ICRC sought access during the 
year. Representatives of the Office of the UN High Commissioner for 
Refugees (UNHCR) were able to regularly visit the Center for Illegal 
Immigrants during the year, as well as prisons.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The BPS, under the 
Ministry for Presidential Affairs and Public Administration, has 
primary responsibility for internal security. In March the cabinet 
disbanded the Local Police Service and merged it with the BPS; 
previously customary or local police, under the Ministry of Local 
Government, had law enforcement responsibility in specified tribal 
areas. The army is responsible for external security and has some 
domestic security responsibilities.
    Police officials acknowledged that corruption was a problem in the 
lower ranks; some officers took advantage of illegal immigrants and 
traffic violators. From January 1 through September, there were 31 
police officers arrested for criminal offenses, 19 of whom were brought 
before the criminal courts.
    The trial of two special constables arrested in 2006 for 
collaborating with civilian burglars concluded when both constables 
were found guilty and dismissed from the BPS.
    Civilian authorities maintained effective control over the security 
forces, and the Government had effective mechanisms to investigate and 
punish abuse and corruption, including investigation by police and 
referral into the criminal court system.
    During the year 21 BPS officers received human rights training at 
the International Law Enforcement Academy located in the country.

    Arrest and Detention.--Police officers must produce an arrest 
warrant issued by a duly authorized magistrate upon the presentation of 
compelling evidence, except in certain cases, such as when an officer 
witnesses a crime being committed or discovers that a suspect is in 
possession of a controlled substance. In April the Government 
established the DISS, a new intelligence agency with the power to enter 
premises and make arrests without warrants if the agency suspects a 
person has committed or is about to commit a crime. Elements of civil 
society criticized the DISS, claiming that it lacked provisions for 
independent oversight and posed a potential threat to civil liberties.
    Suspects must be informed of their rights upon arrest, including 
the right to remain silent, and must be charged before a magistrate 
within 48 hours. Authorities generally respected these rights in 
practice; however, there were some allegations in the media and by 
defense attorneys that the right to an attorney was often denied during 
the first 48 hours after arrest, prior to the suspect being brought 
before a magistrate. A magistrate may order a suspect held for 14 days 
through a writ of detention, which may be renewed every 14 days. There 
is a functioning bail system, and detention without bail is unusual 
except in murder cases, where it is mandatory. Detainees have the right 
to contact a family member and to hire attorneys of their choice; 
however, in practice most could not afford legal counsel. The 
Government provides counsel for the indigent only in capital cases, 
although attorneys are required to accept pro bono clients.
    During the year police arrested numerous San for illegally hunting 
in the CKGR (See Section 5).
    Pretrial detainees waited from several weeks to several months 
between the filing of charges and the start of their trials. Pretrial 
detention in murder cases sometimes lasted beyond one year. Such delays 
were largely due to judicial staffing shortages.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice. The civil courts remained unable to 
provide timely trials due to severe staffing shortages and a backlog of 
pending cases. A 2005 report by the Office of the Ombudsman 
characterized the ``delays in the finalization of criminal matters in 
all courts'' as a ``serious concern,'' particularly the delays in 
processing appeals.
    The civil court system includes magistrates' courts, an industrial 
court, a court of appeal, and the High Court. A customary or 
traditional court system also exists.

    Trial Procedures.--Trials in the civil courts are public, although 
trials under the National Security Act may be held in secret. There is 
no jury system. Defendants have the right to be present and consult 
with an attorney in a timely manner, but the state provides an attorney 
only in capital cases. Those charged with noncapital crimes are tried 
without legal representation if they cannot afford an attorney. As a 
result many defendants were not informed of their rights in pretrial or 
trial proceedings. Defendants can question witnesses against them and 
have access to government-held evidence relevant to their cases. 
Defendants can present witnesses and evidence on their own behalf. 
There is a presumption of innocence, and defendants have the right to 
appeal. Several organizations such as The Botswana Center for Human 
Rights (DITSHWANELO); Botswana Law Society; and The Botswana Network on 
Ethics, Law, and HIV/AIDS provided free legal services but had limited 
capacity. The University of Botswana Legal Assistance Center provided 
free legal services for some civil, but not criminal, matters.
    Customary courts often did not afford due process. Defendants do 
not have legal counsel, and there are no standardized rules of 
evidence. Defendants can confront, question, and present witnesses in 
customary court proceedings. Tribal judges, appointed by the tribal 
leader or elected by the community, determine sentences, which may be 
appealed through the civil court system. Many judges were poorly 
trained and ill-equipped to make legal decisions. The quality of 
decisions reached in the customary courts varied considerably and often 
lacked a presumption of innocence. In some cases tribal judges may 
issue sentences that include corporal punishment such as lashings on 
the buttocks.
    There is a separate military court system; military courts do not 
try civilians.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--In the formal judicial 
system, there is an independent and impartial judiciary in civil 
matters, which includes a separate industrial court for most labor-
related cases. Administrative remedies were not widely available.
    Most civil cases were tried in customary courts. These courts 
handled land, marital, and property disputes, and often did not afford 
due process.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. 
However, the Government's continued narrow interpretation of a 2006 
High Court ruling resulted in the majority of San being prohibited from 
living or hunting in the CKGR. In 2002 the Government forcibly 
resettled the remaining indigenous San and other minority members 
living in the CKGR who had not voluntarily left to resettlement sites 
outside the perimeter of the reserve. Government officials maintained 
that the resettlement program was voluntary and necessary to facilitate 
the delivery of public services, to provide socioeconomic development 
opportunities to the San, and to minimize human impact on wildlife (See 
Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected freedom of speech in practice; however, the Government at 
times attempted to limit freedom of the press and continued to dominate 
domestic broadcasting.
    Individuals could generally criticize the Government publicly or 
privately without reprisal.
    The Government occasionally censored stories that it deemed 
undesirable, and government journalists sometimes practiced self-
censorship. President Khama's inaugural speech on April 1 referred to 
the need for ``discipline'' in the media. Some independent groups 
interpreted the statement to indicate a range of warnings, from not 
sensationalizing stories to not being overly critical of the Government 
and its policies.
    In December parliament passed the Media Practioners' Act, 
establishing a new Media Council to register and accredit journalists, 
promote ethical standards amongst the media, and receive public 
complaints. Some NGOs, including the Media Institute for Southern 
Africa, the independent media, and opposition members criticized the 
law, stating that it restricted press freedom and was passed without 
debate after consultations between the Government and stakeholders 
collapsed.
    The Government owned and operated the Botswana Press Agency, which 
dominated the media through its free, nationally distributed Daily News 
newspaper, and through two FM radio stations. State-owned media 
generally featured uncritical reporting on the Government and were 
susceptible to political interference. Opposition political parties 
claimed that state media coverage heavily favored the ruling party.
    The independent media were active and generally expressed a wide 
variety of views; however, they were sometimes subject to government 
pressure to portray the Government and the country in a positive light. 
It was sometimes more difficult for private media organizations to 
obtain access to government-held information. In July 2007 the minister 
of communications, science, and technology stated that the licenses of 
journalists who did not report correctly would be withdrawn. Reporters 
claimed that this statement was meant as a threat. According to media 
companies, government-owned enterprises reduced their advertising in 
reaction to reporting critical of those enterprises. At year's end no 
licenses had been withdrawn.
    Radio continued to be the most broadly accessible medium. 
Government-owned Radio Botswana and Radio Botswana 2 covered most of 
the country. Privately owned Yarona FM, Gabz FM, and Duma FM expanded 
their broadcasts from Gaborone to cover most of the major towns. They 
produced news and current affairs programs without government 
interference.
    In 2007 the NGO First People of the Kalahari (FPK) reported that 
the Government would allow the FPK to have two-way radios in the CKGR 
provided licensing requirements were followed. However, as of November 
the FPK had not completed the licensing requirements due to inability 
to afford the annual 1,500 pula (approximately $200) licensing fee.
    State-owned Botswana Television was the primary source of televised 
news and current affairs programs. The privately owned Gaborone 
Broadcasting Corporation broadcast mostly foreign programs. 
International television channels were available through cable 
subscription and satellite.
    In March 2007 the Government required 17 foreigners, including 
seven journalists who had written articles critical of the Government, 
to apply for visas prior to entry even though they were from countries 
generally exempt from this requirement. The requirements continued 
during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chatrooms. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. Internet 
access was typically limited to urban areas.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.

    Societal Abuses and Discrimination.--Government policy and practice 
contributed to the generally free practice of religion. There was no 
known Jewish community in the country and no reports of anti-Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government restricted the ability of indigenous San who had 
been relocated from the CKGR to designated settlement camps in 2002 to 
return to the reserve. Only the 189 San named in a 2006 high court 
case, their spouses, and their minor children were permitted to live in 
the CKGR. A few San had never left the reserve, and some San moved back 
to the CKGR after the High Court's decision. Many of the 189 did not 
return to live in the CKGR, as lack of water made the CKGR an extremely 
inhospitable living environment, and some who initially returned left 
again. The Government was not required to provide water in the CKGR per 
the 2006 ruling (See Sections 1.f. and 5). Visitors to the reserve, 
including relocated former residents not named in the 2006 case, must 
obtain a permit to enter the CKGR.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status or asylum. The 
Government's system for granting refugee status was accessible but 
slow. In practice the Government provided protection against the 
expulsion or return of persons to countries where their lives or 
freedom would be threatened. The Government also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol. As of November an estimated 200 
persons were waiting for a decision as to whether they qualified as 
refugees. During the year 1,305 persons were granted refugee status. 
The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers.
    The Government held newly arrived refugees and asylum seekers, 
primarily from Zimbabwe, in the Center for Illegal Immigrants in 
Francistown until the Refugee Advisory Committee (RAC), a governmental 
body whose chairperson is the district commissioner of Francistown, 
made a status recommendation; the UNHCR was present at RAC meetings in 
the status of observer and technical advisor. 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 were nonetheless 
allowed to remain at Dukwe if they wished, while the Government 
referred their cases to the UNHCR for possible resettlement. Refugees 
in Dukwe were provided access to education and health care. They were 
also permitted to leave Dukwe to work outside the camp. The UNHCR 
criticized the detention of asylum seekers at the Center for Illegal 
Immigrants on the grounds that asylum seekers should not be held in 
detention facilities, although asylum seekers were housed separately 
from illegal immigrants. Conditions at the center were generally 
adequate, but children in the center did not have sufficient access to 
education for the duration of their detention, which in a few cases 
lasted many months.
    In December 2007 the Government transferred 16 Namibian nationals 
who were alleged Caprivi secession leaders from a detention center to 
the Dukwe Refugee Camp, where they were granted refugee status. These 
individuals faced criminal charges in Namibia and thus did not wish to 
be repatriated. In 2002 the High Court ruled out extradition for the 16 
Namibians as it deemed an extradition request for the individuals from 
the Government of Namibia to be of a political nature.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--On April 1, President 
Festus Mogae resigned and former Vice President Ian Khama assumed 
office. President Mogae had been elected during the most recent general 
election in 2004, which was generally deemed free and fair. However, 
the incumbent BDP received preferential access to state-owned 
television during much of the campaign. During the 2004 general 
election, the BDP won 44 of 57 competitive National Assembly seats, the 
Botswana National Front won 12, and the Botswana Congress Party won 
one. The BDP has won a majority of seats in the National Assembly in 
every election since independence.
    In March BDP officials had access to a presidential helicopter for 
campaign activities during parliamentary by-elections in Kgalagdi North 
and Palapye constituencies. Opposition parties criticized this use of 
state equipment by the ruling party as inappropriate. The BDP won both 
by-elections. The two constituencies were more than 620 miles apart, 
and the presidential helicopter allowed President Khama, who was then 
the vice president, to campaign in both locations the day before the 
elections.
    The House of Chiefs acts as an advisory upper chamber to the 
National Assembly on any legislation affecting tribal organization and 
property, customary law, and the administration of customary courts. It 
consists of eight paramount chiefs, five chiefs chosen by the 
president, and 22 elected chiefs from designated regions. The paramount 
chiefs are members of the House of Chiefs for life, while the chosen 
and elected chiefs serve five-year terms. The first election based on 
amendments made to the constitution in 2006 to expand the House of 
Chiefs was held in December 2006.
    Political parties operated without restriction or outside 
interference.
    There were seven women in the 61-seat National Assembly, four women 
in the 24-member cabinet, three female justices on the 13-seat High 
Court, and four women in the expanded 35 seat House of Chiefs.
    The law recognizes only the eight principal ethnic groups of the 
Tswana nation; however, amendments to the constitution now allow 
minority tribes to be represented in the expanded House of Chiefs. 
There were 23 members of minority tribes in the assembly, 10 in the 
cabinet, and five on the High Court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively.
    During the year the Directorate on Corruption and Economic Crime 
initiated investigations into 28 suspicious transactions and 
investigated 40 money laundering cases; one court case was ongoing at 
year's end. Through September police initiated 16 investigations of 
alleged corruption involving police officers. Twelve cases completed 
the court process; eight accused officers were convicted and dismissed 
from the police department. Four cases were pending at year's end.
    There are no financial disclosure laws for public officials.
    The law does not provide public access to government information, 
and the Government generally restricted such access.
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, beginning in 
2007 the Government placed visa requirements on certain foreign NGO 
workers, a practice which continued during the year. Government 
officials were generally cooperative and responsive to NGO views on 
most subjects but were far less open to the involvement of some 
international NGOs on the issue of the CKGR relocations.
    The Government worked cooperatively with international 
organizations, including the ICRC and UN, during the year.
    Independent local human rights groups included DITSHWANELO; 
Childline, a child welfare NGO; Emang Basadi, a women's rights group; 
and the Botswana Network on Ethics, Law, and HIV/AIDS. The Government 
interacted with and provided financial support to some of these 
organizations.
    An independent, autonomous ombudsman handled complaints of 
administrative wrongdoing in the public sector, and the Government 
generally cooperated with the ombudsman. The office suffered from a 
shortage of staff, and public awareness of the office and its services 
was low.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit governmental discrimination on 
the basis of ethnicity, race, nationality, creed, sex, or social 
status, and the Government generally respected these provisions in 
practice. So long as an applicant is able to perform the duties of the 
position, he or she may not be discriminated against due to disability 
or language. However, the law does not prohibit discrimination by 
private persons or entities, and there was societal discrimination 
against women; persons with disabilities; minority ethnic groups, 
particularly the San; persons with HIV/AIDS; persons with albinism; and 
homosexuals.

    Women.--The law prohibits rape but does not recognize the concept 
of spousal rape. The number of reported rape cases increased during the 
year to 1,360; however, it was unclear whether this was a result of 
increased reporting due to NGO efforts to improve awareness of the 
crime or an actual increase in the number of rapes committed. By law 
the minimum sentence for rape is 10 years in prison, increasing to 15 
years with corporal punishment if the offender is HIV-positive, and 20 
years' imprisonment with corporal punishment if the offender was aware 
of having HIV-positive status. Corporal punishment was used more often 
in the customary courts and typically consisted of strokes to the 
buttocks with a stick. A person convicted of rape is required to 
undergo an HIV test before being sentenced. However, police lacked 
basic investigative techniques in rape cases. Spousal rape is not 
recognized as a crime.
    The law does not specifically prohibit domestic violence against 
women, and it remained a serious problem. The police did not keep 
statistics for the specific category of domestic violence, as it is not 
considered a crime under the penal code. Customary law allows husbands 
to treat their wives in the same manner as minor children. Under 
customary law husbands may use corporal punishment to discipline their 
wives, which was common in rural areas. Greater public awareness 
resulted in increased reporting of domestic violence and sexual 
assault.
    Prostitution is illegal but was widespread. Enforcement was 
sporadic and complicated by vague laws that made it easier to charge 
violators with offenses such as unruly conduct or loitering than for 
prostitution. Most police enforcement took the form of periodic sweeps 
of areas used for solicitation.
    The law prohibits sexual harassment in both the private and the 
public sectors. Sexual harassment committed by a public officer is 
considered misconduct and punishable by termination with or without 
forfeiture of all retirement benefits, suspension with loss of pay and 
benefits for up to three months, reduction in rank or pay, deferment or 
stoppage of a pay raise, or a reprimand. However, sexual harassment 
continued to be a problem, particularly by men in positions of 
authority, including teachers, supervisors, and older male relatives.
    Women legally have the same civil rights as men, but 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, particularly in rural 
areas. Marriages can occur under one of three systems, each with its 
own implications for women's property rights. A woman married under 
traditional law or in ``common property'' is held to be a legal minor 
and required to have her husband's consent to buy or sell property, 
apply for credit, and enter into legally binding contracts. Under an 
intermediate system referred to as ``in community of property,'' 
married women are permitted to own real estate in their own names, and 
the law stipulates that neither spouse can dispose of joint property 
without the written consent of the other. Women increasingly exercised 
the right to marriage ``out of common property,'' in which case they 
retained their full legal rights as adults. Polygyny is legal under 
traditional law with the consent of the first wife, but it was not 
common.
    Skilled urban women had increasing access to entry- and mid-level 
white collar jobs. According to a 2007 Grant Thornton International 
Business Report, 74 percent of businesses employed women in senior 
management positions, and women occupied 31 percent of such positions. 
Women occupied many senior-level positions in government agencies, such 
as governor of the Bank of Botswana, attorney general, minister of 
communication, minister of health, and director of public prosecution; 
however, a 2007 UN report found that women's political participation 
was not equal to that of men. In March the BDF began to allow women to 
serve in the military. In November 22 of 30 female officer candidates 
who were sent by the BDF for training in Tanzania in 2007 graduated 
from the course. Eight of the officers were unable to finish, mostly 
due to illness or injury, but were expected to complete their military 
training in Botswana and graduate.
    The Women's Affairs Department in the Ministry of Labor and Home 
Affairs has responsibility for promoting and protecting women's rights 
and welfare. The department provided grants to NGOs working on women's 
issues. During the year a local NGO reported that women were 
increasingly able to access credit markets and be paid as much as their 
male counterparts for similar work.

    Children.--The law provides for the rights and welfare of children, 
and the Government respected these rights in practice. The Government 
continued to allocate the largest portion of its budget to the Ministry 
of Education. The Ministry of Local Government distributed books, food, 
and materials for primary education. The country also has a court 
system and social service apparatus designed solely for juveniles.
    Education was not compulsory. The Government reintroduced school 
fees in 2006. The fees could be waived for children whose family income 
fell below a certain amount. The Government also provided uniforms, 
books, and other fees for students whose parents were destitute. 
Students in remote areas received two free meals a day at school. 
According to 2004 government statistics, approximately 88 percent of 
children attended school, and an estimated 30 percent of children 
completed secondary school. Girls and boys attended school at similar 
rates. School attendance and completion rates were highest in urban 
areas, where transportation was readily available, and lowest in rural 
areas, where children often lived far from schools and often assisted 
their families as cattle tenders, domestic laborers, and child care 
providers.
    Boys and girls younger than 15 received free and equal access to 
government healthcare centers.
    In 2005 the UN Children's Fund estimated that there were 150,000 
orphans in the country, of whom approximately 120,000 had lost one or 
both parents due to HIV/AIDS. As of October the Government had 
registered 49,852 children as orphans. Once registered, the children 
received clothes, shelter, a monthly food basket worth between 216 pula 
(approximately $29)and 350 pula ($44) depending upon location, and 
counseling as needed. Some relatives continued to deny inheritance 
rights to orphans.
    No law specifically prohibits child abuse. Sex with a child younger 
than 16 is known as defilement and is prohibited and punishable by a 
minimum of 10 years of incarceration. By September 322 defilement cases 
were reported to the police. There were defilement investigations and 
convictions during the year. Sexual abuse of students by teachers was a 
problem, and there were frequent media reports of rape, sexual assault, 
incest, and defilement. Deaths from HIV/AIDS orphaned an increasing 
number of children. These children were sometimes sexually abused by 
the extended family members with whom they lived. The law considers 
incest a punishable act only if it occurs between blood relatives.
    Child marriage occurred infrequently and was largely limited to 
certain ethnic groups. Marriages that occur when either party is under 
the legal age are not recognized by the Government.
    Child prostitution and pornography are criminal offenses. Media and 
NGO reports indicated that prostituted children had been made available 
to truck drivers along the main road linking the country with South 
Africa and that many of the girls and boys were thought to be orphans. 
There were reports of child labor. Of the children employed, 
approximately half were below the legal working age of 14. Two-thirds 
of employed children were working in rural villages, and more than 60 
percent worked in the agricultural sector, mostly on a subsistence 
level on family cattle posts or farms.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, although penal code provisions cover related offenses such as 
abduction and kidnapping, slave trafficking, and procuring women and 
girls for the purpose of prostitution. One suspected trafficking case 
was prosecuted during the year on false documentation charges, although 
anecdotal evidence suggested that additional trafficking cases may have 
occurred and gone undetected. There were unconfirmed reports that women 
and children from eastern Africa were trafficked through the country to 
South Africa. Traffickers charged with kidnapping or abduction could be 
sentenced to seven years' imprisonment.
    The Government worked with NGOs to assist potential trafficking 
victims by hosting workshops on trafficking issues and by making grants 
to shelters that provided short- and long-term care for children who 
lived on the streets. Individuals in the religious and NGO community 
formed a task force to compile anecdotal evidence of human trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not prohibit 
discrimination against persons with disabilities in education, 
employment, access to health care, or the provision of other state 
services. 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. 
There was some discrimination against persons with disabilities, and 
employment opportunities remained limited. The Government funded NGOs 
that provided rehabilitation services and supported small scale work 
projects for workers with disabilities. The Government did not restrict 
persons with disabilities from voting or participating in civil 
affairs, and some accommodations were made during elections to allow 
for persons with disabilities to vote. However, although new government 
buildings were being built to ensure access of persons with 
disabilities under the supervision of the Ministry of Works, most older 
government office buildings remained inaccessible. The Department of 
Labor is responsible for ensuring that the rights of persons with 
disabilities are protected and investigating claims of discrimination. 
Individuals can also bring cases directly to the Industrial Court.

    Indigenous People.--The estimated 50,000-60,000 San in the country 
represented approximately 3 percent of the country's population. The 
San are culturally and linguistically distinct from most of the 
population. Under the law discrimination against the San with respect 
to employment, housing, health services, and cultural practices is 
illegal. However, they remained economically and politically 
marginalized and generally did not have access to their traditional 
land. The San continued to be isolated, had limited access to 
education, lacked adequate political representation, and were not fully 
aware of their civil rights. In 2002 the Government forcibly resettled 
San who were living in the CKGR to the settlement areas of Kaudwane, 
New Xade, and Xere.
    While the Government respected the December 2006 high court ruling 
on a suit filed by 189 San regarding their forced relocation, it 
continued to interpret the ruling to allow only the 189 actual 
applicants and their spouses and minor children, rather than all San 
affected by the relocations, to return to the CKGR. The court ruled 
that the applicants were entitled to return to the CKGR without entry 
permits and to be issued permits to hunt in designated wildlife 
management areas, which are not located in the CKGR. The court also 
ruled that the Government was not obligated to resume providing 
services within the CKGR, and the Government did not reopen water wells 
in the CKGR during the year. Many of the San and their supporters 
continued to object to the Government's narrow interpretation of this 
ruling.
    During the year the Government made numerous arrests of San for 
illegally hunting in the CKGR. Although the law allows for a sentence 
of a fine or prison term for those found guilty of illegal hunting, 
none of the San arrested during the year were sanctioned.
    During the year there were no government programs directly 
addressing discrimination against the San. With the exception of the 
2006 court ruling, there were no demarcated cultural lands.
    A number of NGOs made efforts to promote the rights of the San or 
to help provide economic opportunities. However, the programs had 
limited impact. In October the NGO Survival International, along with 
other independent organizations, criticized the decision by the diamond 
company De Beers to restart mining exploration in the CKGR. The NGOs 
argued that diamond exploration in the CKGR had a devastating impact on 
the life and the environment of the San.

    Other Societal Abuses and Discrimination.--The law prohibits 
homosexuality, but there were no reports of enforcement action by the 
authorities. There were, however, reports of societal discrimination 
and harassment of homosexuals.
    Discrimination against persons with HIV/AIDS continued to be a 
problem, including in the workplace. The Government funded community 
organizations that ran programs to reduce the stigma of HIV/AIDS. The 
Botswana Network on Ethics, Law, and HIV/AIDS continued to advocate for 
an HIV employment law to curb discrimination in the workplace.
    While persons with albinism were subject to some social 
discrimination, individuals were generally able to exercise their 
rights in practice. During the year an industrial court heard a case 
brought by a man with albinism who was refused employment based on his 
skin color. Although the ruling noted that the complainant had been 
mistreated, the court found in favor of the company, based on a 
misconception by the company's secretary who blocked the man's 
application, that the company did not employ persons with albinism. The 
court found that the secretary's supervisor, as custodian of company 
policy, should have better informed the secretary about 
antidiscrimination policies.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except for 
police officers, the BDF, and the prison service, to form and join 
unions of their choice without excessive requirements, and workers 
exercised this right in practice. Most public sector associations have 
converted to unions. The industrial or wage economy was small, and 
unions were concentrated largely in the public sector, mineral 
extraction, and to a lesser extent in the railway and banking sectors. 
The law requires that an organization have more than 30 employees in 
order to form a trade union.
    The law severely restricts the right to strike, and virtually all 
strikes are ruled illegal, leaving striking workers at risk of 
dismissal. Legal strikes theoretically are possible only after an 
exhaustive arbitration process. Sympathy strikes are prohibited.
    The 2006 case regarding the copper mine's dismissal of 178 workers 
for striking had not been heard by the Industrial Court by year's end.
    In February the Industrial Court dismissed a 2005 case in which 461 
workers were fired in 2004 after a strike against their employer, 
Debswana, the joint government-DeBeers diamond mine venture. The court 
found that the case was not tried in a timely fashion. The 461 former 
employees appealed the dismissal; the case was pending at year's end.

    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 for unions that have enrolled 25 percent of an 
organization's labor force.
    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 one- to two-year backlogs in resolving such disputes.
    Workers may not be fired for legal union-related activities; 
however, unregistered trade unions are not protected against antiunion 
discrimination. Dismissals on other grounds may be appealed to civil 
courts or labor officers, which rarely ordered more than two months' 
severance pay.
    The country's export processing zone (EPZ) exists on paper only. 
There are no special laws or exemptions from regular labor laws in the 
EPZ.

    c. Prohibition of Forced or Compulsory Labor.--The constitution and 
law prohibit 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 sets the minimum age for basic employment at 14 years. 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. Children 14 years old who 
are not attending school may be employed by family members in light 
work that is not considered hazardous or as approved by the labor 
commissioner, but for no more than six hours per day or 30 hours per 
week. In industrial settings those under age 15 may only work up to 
three consecutive hours without the labor commissioner's approval, and 
those between ages 15 and 18 may work only up to four consecutive hours 
without such approval. Those under 18 may not be employed in work 
underground, at night, in work that is harmful to health and 
development, or that is dangerous or immoral. The law provides that 
adopted children may not be exploited for labor and protects orphans 
from exploitation or coercion into prostitution.
    According to the 2005-06 labor survey, slightly fewer than 38,000 
children between the ages of seven and 17 were employed in the formal 
sector in 2006. Approximately half of those employed were younger than 
14. More than 60 percent of employed children worked in agriculture, 20 
percent in retail trade, and 4 percent in private homes. Children also 
worked as domestic laborers, prostitutes, and in informal bars. Outside 
of supermarkets they sometimes assisted truck drivers with unloading 
goods and carried bags for customers. Many orphans also left school to 
work as caregivers for sick relatives. Most employed children worked up 
to 28 hours per week.
    The Ministry of Labor and Home Affairs was responsible for 
enforcing child labor laws and policies, and it was generally 
effective, despite limited resources for oversight of remote areas of 
the country. District and municipal councils have child welfare 
divisions, which are also responsible for enforcing child labor laws. 
Other involved government entities included offices with the Ministry 
of Education and the Ministry of Local Government. Oversight of child 
labor issues was facilitated through the Advisory Committee on Child 
Labor, which included representatives of various NGOs, government 
agencies, workers' federations, and employers' organizations. There 
were no prosecutions, convictions, or fines for illegal child labor 
during the year.
    The Government supported and worked with partners to conduct 
workshops to raise awareness on child labor. The Department of Labor 
partnered with the Department of Social Services to advocate against 
and raise awareness of exploitative child labor.

    e. Acceptable Conditions of Work.--The minimum hourly wage for most 
full-time labor in the private sector was 3.80 pula (approximately 
$0.50), which did not provide a decent standard of living for a worker 
and family. The cabinet determined wage policy based on recommendations 
from the National Economic, Manpower, and Incomes Committee, which 
consists of representatives of the Government, private sector, and the 
Botswana Federation of Trade Unions. The Ministry of Labor and Home 
Affairs was responsible for enforcing the minimum wage, and each of the 
country's districts had at least one labor inspector.
    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 provided, 
frequently paid below the minimum wage. In March the Ministry of Labor 
and Home Affairs introduced new minimum wages for workers in the 
agricultural and domestic sectors; the wages took effect on April 1. 
The minimum wage for domestic workers was 2 pula (approximately $0.26) 
per hour. Workers in the agricultural sector were required to be paid 
408 pula ($52) per month; however, the cost of feeding a worker who 
lived on the employer's premises could be deducted from the wage.
    The law permits a maximum 4-hour workweek, exclusive of overtime, 
which is payable at time-and-a-half. Most modern private sector jobs 
had a 4-hour workweek; the public sector, however, had a 4-hour 
workweek. The labor law applies to farm and migrant workers. The 
Department of Labor had inspectors to oversee and enforce labor 
regulations; however, the number was insufficient to allow for 
inspection of all relevant workplaces.
    The law provides that workers who complain about hazardous 
conditions may not be fired, and authorities in the Ministry of Labor 
and Home Affairs effectively enforced this right. The Government's 
ability to enforce its workplace safety legislation remained limited by 
inadequate staffing and unclear jurisdictions among different 
ministries. Nevertheless, employers in the formal sector generally 
provided for worker safety.

                               __________

                              BURKINA FASO

    Burkina Faso is a parliamentary republic with a population of 14.25 
million. In 2005 President Blaise Compaore was reelected to a third 
term with 80 percent of the vote. Observers considered the election to 
have been generally free, despite minor irregularities, but not 
entirely fair due to the ruling party's control of official resources. 
The president, assisted by members of his party, the Congress for 
Democracy and Progress (CDP), continued to dominate the Government. The 
CDP won a majority in the May 2007 legislative elections, which 
observers declared generally free and orderly despite irregularities, 
including fraud involving voter identification cards. While civilian 
authorities generally maintained effective control of the security 
forces, there were instances in which elements of the security forces 
acted independently.
    The following human rights problems were reported: security force 
use of excessive force against civilians, criminal suspects, and 
detainees; arbitrary arrest and detention; abuse of prisoners and harsh 
prison conditions; official impunity; judicial inefficiency and lack of 
independence; occasional restrictions on freedom of the press and 
assembly; official corruption; violence and discrimination against 
women and children, including female genital mutilation (FGM); 
trafficking in persons, including children; discrimination against 
persons with disabilities; 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 that the Government or its agents committed arbitrary or 
unlawful killings during the year.
    Unlike in the previous year, there were no reports of vigilante 
killings. No action was taken in 2007 cases of mob violence.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices, 
members of the security forces continued to abuse persons with 
impunity, and suspects were frequently subjected to beatings, threats, 
and occasionally torture, to extract confessions.
    Forcible dispersions of protesters engaged in violent 
demonstrations resulted in numerous injuries during the year (See 
Section 2.b.).
    On November 10, the Military Court acquitted eight of the 10 
soldiers accused of the June 2007 assault, battery, and destruction of 
private property of residents in Banfora, Comoe Province; the soldiers 
reportedly retaliated against local youths who had beaten one of their 
colleagues in a fight over a girl. The court sentenced one soldier to 
six months in jail, issued a suspended eight-month sentence to another 
soldier, and acquitted eight soldiers for insufficient evidence.
    No action was taken against soldiers who in June 2007 beat 
civilians at a dance club in Ouahigouya, Yatenga Province; the soldiers 
had accused one of the club patrons of disrespecting a colleague by 
stepping on his foot while he was dancing.
    No action was taken against security force members who used 
military belts and batons to disperse a December 2007 student 
demonstration in Koudougou, Boulkiemde Province.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and could be life threatening. Prisons were overcrowded, and 
medical care and sanitation were poor. Prison diet was inadequate, and 
inmates often relied on supplemental food from relatives. Pretrial 
detainees usually were held with convicted prisoners.
    Deaths from prison conditions or neglect occurred, according to 
human rights organizations. On April 13, Francois Zoundi, one of the 
February 28 demonstrators protesting the rising cost of living, died in 
detention of natural causes, according to medical reports. The 
Burkinabe Movement for Human Rights (MBDHP), however, charged that 
Zoundi's death was a result of harsh prison conditions. MBDHP noted 
that 14-16 prisoners were held in Zoundi's cell, which had a capacity 
for four, that the cell was wet and fostered pneumonia, that food was 
of poor quality and insufficient, and that there was no medical care.
    Prison authorities generally granted permission to visit prisons 
and did not require advance permission. There were no reports during 
the year of prison visits by international organizations; however, 
during the year members of local nongovernmental organizations (NGOs), 
foreign embassies, and the press visited prisons.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not consistently observe these prohibitions.

    Role of the Police and Security Apparatus.--The national police, 
under the Ministry of Security, and the municipal police, under the 
Ministry of Territorial Administration, are responsible for public 
security. Gendarmes report to the Ministry of Defense and are 
responsible for some aspects of public security.
    Corruption was widespread, particularly among lower levels of the 
police and gendarmerie. The 2006 report by the NGO National Network to 
Fight Against Corruption (RENLAC) stated that the police and 
gendarmerie were among the most corrupt institutions in the country. 
Corruption and official impunity were also serious problems in the 
military. The gendarmerie is responsible for investigating police and 
gendarme abuse; however, the Government took no known disciplinary 
action against those responsible for abuses, and the climate of 
impunity created by the Government's failure to do so remained the 
largest obstacle to reducing abuses. During the year the Human Rights 
Ministry conducted seminars to educate security forces on human rights 
standards.

    Arrest and Detention.--By law, police have to possess a warrant to 
search or arrest, arrests must be made openly, and warrants must be 
based on sufficient evidence and signed by a duly authorized official. 
However, authorities did not always respect this process. Detainees 
were promptly informed of charges against them. The law provides for 
the right to expeditious arraignment, bail, access to legal counsel 
after a detainee has been charged before a judge, and, if indigent, 
access to a lawyer provided by the state after being charged; however, 
these rights were seldom respected. The law does not provide for access 
to family members, although detainees were generally allowed such 
access.
    Police arbitrarily arrested numerous demonstrators during the year; 
however, unlike in previous years, there were no reports of journalists 
being arrested (See Section 2.a.).
    The law limits detention without charge for investigative purposes 
to a maximum of 72 hours, renewable for a single 48-hour period, 
although police rarely observed these restrictions. The average time of 
detention without charge (preventive detention) was one week; however, 
the law permits judges to impose an unlimited number of six-month 
preventive detention periods, and defendants without access to legal 
counsel were often detained for weeks or months before appearing before 
a magistrate. Government officials estimated that 23 percent of 
prisoners nationwide were in pretrial status. In some cases detainees 
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 (release on bail) system; however, the 
extent of its use was unknown.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judiciary was subject to 
executive influence and was corrupt and inefficient. The president has 
extensive appointment and other judicial powers. Constitutionally, the 
head of state also serves as president of the Superior Council of the 
Magistrature, which nominates and removes senior magistrates and 
examines the performance of individual magistrates. Other systemic 
weaknesses in the justice system included the removability of judges, 
corruption of magistrates, 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 two courts of 
appeal and 24 provincial courts. There is also a High Court of Justice 
with jurisdiction over the president and other senior government 
officials. Tribunals in Ouagadougou and Bobo-Dioulasso try juveniles 
under 18. The Military Court tries military cases only and provides 
rights equivalent to those in civil criminal courts.
    Civil society and human rights groups criticized the March trial of 
169 demonstrators involved in the February 28 violent protests, citing 
lack of transparency and excessive sentences (See Section 2.b.).
    Traditional courts in rural areas were abolished in 1984 and no 
longer have any legal standing. However, many traditional chiefs were 
still highly influential in rural areas and could, for example, 
illegally keep women from exercising their rights.

    Trial Procedures.--Trials are public but juries are not used. 
Defendants are presumed innocent and have the right to consult with and 
be represented by an attorney. Defendants have the right to be present 
at their trials, to be informed promptly of charges against them, to 
provide their own evidence, and to access government-held evidence. 
Defendants can challenge and present witnesses and have the right of 
appeal. If indigent, they have the right to a lawyer provided by the 
state. These rights were seldom respected. In addition, citizen 
ignorance of the law and a continuing shortage of magistrates limited 
the right to a fair trial.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Citizens, who criticized 
the judiciary for being corrupt and inefficient, sometimes preferred to 
rely on the ombudsman to settle disputes with the Government. The law 
provides for access to a court to bring lawsuits seeking damages for, 
or cessation of, a human rights violation, and both administrative and 
judicial remedies were available for alleged wrongs; however, there 
were problems enforcing court orders when they concerned sensitive 
cases.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions. In national 
security cases, the 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 if the justice 
minister issues a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government 
partially limited press freedom and intimidated journalists into 
practicing self censorship.
    In general citizens and the press could criticize the Government 
without reprisal. However, journalists were occasionally sued by the 
Government or a progovernment political figure under a law that defines 
libel in excessively broad terms. Government agents sometimes 
infiltrated political meetings and rallies to impede criticism.
    No investigation was conducted into the 2007 death threats against 
singer and free speech activist Karim Sama, who criticized the Compaore 
government and called for justice in the 1998 killing of journalist 
Norbert Zongo. There were no reports of similar threats against Sama 
during the year.
    The official media, including the daily newspaper Sidwaya and the 
Government-controlled radio and television stations, displayed a 
progovernment bias but allowed significant participation in their 
programming by those representing opposition views. There were numerous 
independent newspapers and radio and television stations, some of which 
were highly critical of the Government. Foreign radio stations 
broadcast without government interference.
    All media were under the administrative and technical supervision 
of the Ministry of Culture, Tourism, Communications, and Spokesman of 
the Government. The Superior Council of Communication (SCC), which is 
under the Office of the President and has limited independence, also 
regulates the media. The ministry is responsible for developing and 
implementing government policy and projects concerning information and 
communication. The SCC oversees the content of radio and television 
programs and of newspapers to ensure that it adheres to professional 
ethics and government policy governing information and communication. 
The SCC may summon a journalist to attend a hearing about his work, 
followed by a warning that a repeat of ``noncompliant behavior'' will 
not be tolerated; journalists received such summons during the year. 
Hearings may concern alleged libel, disturbing the peace, or violations 
of state security.
    The definition of libel is excessively broad, and libel suits have 
been used by political and business figures to pressure journalists who 
produce unflattering press coverage of them or their organizations.
    On January 18, L'Independant weekly newspaper was acquitted of 
libel against Jean Fidel Tapsoba, a government official in the school 
of forestry in Dinderesso, Houet Province; the newspaper had published 
allegations that Tapsoba engaged in financial mismanagement and 
corruption.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, poverty and the high rate of illiteracy limited public access 
to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Although the constitution and law provide for freedom of 
assembly, the Government at times restricted this right.
    Political parties and labor unions may hold meetings and rallies 
without government permission; however, advance notification is 
required for demonstrations that might threaten public peace. Penalties 
for violation of the advance notification requirement include two to 
five years' imprisonment. Denials or imposed modifications of a 
proposed march route or schedule may be appealed to the courts.
    Police forcibly dispersed several violent demonstrations during the 
year over the rising cost of living.
    On February 20 and 21, demonstrators in Bobo Dioulasso and 
Ouahigouya marched to protest increased taxes and the rising cost of 
basic commodities such as gasoline, cooking oil, salt, soap, and bread. 
The demonstrators, who had not obtained a permit, looted and burned 
several government and privately owned properties in both cities, 
including one bank and three gas stations. Demonstrators also destroyed 
traffic lights and burned tires on the road. Riot police used batons 
and tear gas to disperse demonstrators, resulting in numerous injuries; 
153 demonstrators were arrested, of whom 124 had been released by 
year's end. The 29 remaining demonstrators were convicted of holding 
illegal demonstrations and destroying property and were sentenced to 
prison terms ranging from three to 36 months.
    On February 28, in Ouagadougou, demonstrators demanding lower 
prices for fuel and food attacked government buildings with rocks and 
metal bars, set fire to piles of tires, and set up roadblocks. Riot 
police used shotguns, batons, and tear gas to disperse demonstrators 
and arrested 1840 persons, including Thibaut Nana, the opposition 
leader who allegedly organized the event. On March 11, 169 persons 
stood trial in Ouagadougou for their involvement in the February 28 
demonstrations: 15 received suspended prison terms; 109 were cleared of 
all charges and released; and 45 were convicted of holding illegal 
demonstrations and destroying property and sentenced to prison terms 
ranging from 12 to 36 months. Thibaut Nana received the maximum prison 
term of 36 months. Civil society and human rights groups charged that 
sentences were excessive and the trials lacked due process. None of the 
accused, including Nana, had access to an attorney, and the trials were 
held late at night in a room too small to accommodate interested 
observers. Critics charged that the verdicts would have been different 
if the trials had been more transparent.
    On June 17, students at the University of Ouagadougou rioted after 
the president of the university refused to meet with them; the students 
had demonstrated previously during the year for Hepatitis B and 
Meningitis vaccinations for medical interns, larger and better equipped 
laboratories, more instructors, and other services. The university 
called the police and gendarmerie to maintain security, which led to a 
clash between the students and security forces; 34 students and 14 
gendarmes were injured. Police and gendarmes used shotguns, belts, 
batons, and teargas to disperse the students, resulting in numerous 
injuries. Security forces arrested 35 students and charged them with 
assault, battery, and destruction of public and private property. On 
June 26, after a two-day trial, 31 students were acquitted, and four 
were sentenced to six months in jail.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right. Political parties and labor unions could organize without 
government permission.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    Religious groups must register with the Ministry of Territorial 
Administration, and failure to register may result in a fine. The 
Government routinely approved registration applications.

    Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts. There was no known Jewish community in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees and other humanitarian organizations in providing protection 
and assistance to internally displaced persons, refugees, returning 
refugees, asylum seekers, stateless persons, and other persons of 
concern.
    The law prohibits forced exile, and there were no reports that the 
Government used it during the year.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee or asylum 
status and also provided temporary protection to individuals who may 
not qualify as refugees under the 1951 convention or the 1967 protocol; 
during the year 1,911 persons received temporary protection.
    The Government accepted refugees for resettlement from third 
countries and facilitated local integration, including access to 
naturalization. During the year the Government assisted the voluntary 
return of four refugees, including two Ivoirian nationals, one from the 
Central African Republic and one from the Democratic Republic of the 
Congo.
Section 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, citizens 
were unable to exercise this right fully due to the continued dominance 
of the president and his ruling party.

    Elections and Political Participation.--In 2005 President Blaise 
Compaore won reelection with 80 percent of the vote. Opposition 
candidate Benewende Sankara, the runner-up, received 5 percent. Despite 
some irregularities, international observers considered the election to 
have been generally free but not entirely fair, due to the resource 
advantage held by the president.
    Individuals and parties can freely declare their candidacies and 
stand for election in presidential elections; however, individuals must 
be members of a political party to run in legislative or municipal 
elections.
    In May 2007 legislative elections, the ruling CDP won 73 seats in 
the 111-seat National Assembly, and the other parties won 38, although 
25 of the 38 non-CDP deputies belonged to parties allied with the 
Government. Election observers declared the elections to have been free 
and orderly, except in four cities where they noted irregularities 
including several fraud cases involving voter identification cards. 
Opposition leaders denounced the elections.
    CDP membership conferred advantages, particularly for businessmen 
and traders seeking ostensibly open government contracts.
    There were 13 women in the National Assembly and seven women in the 
34-member cabinet. One of the four higher courts was led by a woman, 
the national ombudsman was a woman, 18 elected mayors were women, and 
an estimated 40-45 percent of new communal councilors were women.
    The cabinet included 16 minority members; the National Assembly 
included 61 minority representatives.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
activities with impunity. The World Bank's Worldwide Governance 
Indicators reflected that there was a serious corruption problem in the 
country. Corruption was especially acute in the police, gendarmerie, 
military, customs service, taxing agencies, health and justice 
ministries, municipalities, government procurement, the education 
sector, and the media.
    In April the Government created the Regulatory Authority of 
Government Tenders (ARMP), a regulatory oversight body to monitor the 
tender process for government contracts. The ARMP is authorized to 
impose sanctions, initiate lawsuits, and publish the names of 
fraudulent or delinquent businesses; however, it took no action on any 
of these mandates during the year.
    In September 2007 the Court of Accounts, responsible for auditing 
the Government's accounts, published an annual report for 2005 
highlighting mismanagement in government agencies, including by the 
mayor of Ouagadougou. The report found that the Government had failed 
to comply with proper administrative, accounting, and auditing 
procedures for government tenders. No known action had been taken on 
any of the report's recommendations by year's end.
    Reports from the Government's High Authority to Fight Against 
Corruption (HACLC) were not published, although their contents were 
sometimes leaked. It was rumored that the 2006 HACLC report criticized 
the extent of official corruption.
    In November 2007 the Government ratified legislation to create the 
Superior Authority of State Control (ASCE), an entity under the 
authority of the prime minister that merges the HACLC, the State 
Inspector General, and the National Commission for the Fight Against 
Fraud. In addition to releasing annual reports from auditing entities, 
ASCE has the authority to prosecute ethics breaches in the public 
sector, including by state civil service employees, local and public 
authorities, state-owned companies, and all national organizations 
invested with public service missions. Despite this mandate, no action 
was taken during the year by the ASCE, which observers believed had 
insufficient power.
    Despite numerous instances in recent years of high-level 
corruption, no senior officials were prosecuted for corruption, and it 
was unclear whether the Justice Ministry was equipped to handle such 
cases. In its February report, RENLAC noted that ``lack of experience 
coupled with a deficit of appropriately trained judges has rendered the 
Justice Ministry incapable of effectively dealing with corruption 
cases.'' The report continued that the ministry's resources were 
insufficient to handle the increasing number of financial crimes, and 
that its efforts were limited to the smallest racketeering cases rather 
than higher level corruption.
    Some public officials are subject to financial disclosure laws, but 
these laws were not effectively enforced.
    There are no laws that provide for public access to government 
information. While government ministries released some nonsensitive 
documents, local journalists complained that ministries were generally 
unresponsive to requests for information from journalists and other 
citizens, ostensibly for reasons of national security and 
confidentiality. They also criticized government spokespersons for 
strictly limiting the scope of questions that could be raised during 
official press conferences. There is no procedure to appeal denials of 
requests for information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were somewhat 
cooperative and responsive to their views.
    In 2007 and during the year, there were no reports that the 
Government met with domestic NGO monitors, responded to any inquiries, 
or took action in response to any reports or recommendations. Despite 
human rights NGO criticism of the Government's human rights policies, 
it was generally believed that they operated without government 
interference. The local NGO MBDHP was the most vocal and critical of 
the Government.
    The Government permitted international human rights groups to visit 
and operate in the country; however, there were no reported visits 
during the year by the UN or other international organizations.
    In 2006 the United Nations Human Rights Council (UNHRC) notified 
the Government that it had violated articles 7 and 9 of the 
International Covenant on Civil and Political Rights in connection with 
the 1987 assassination of former president Thomas Sankara. In its 
response the Government concurred with UNHRC's observations and agreed 
to act on its recommendations. In 2006 the Government posted the UNHRC 
observations on its Web site and distributed copies to the media, 
rewrote Sankara's death certificate to show the actual cause of death, 
and undertook actions to pay Sankara's military pension to his family. 
It also agreed to pay his family more than 43 million CFA francs 
($89,256) from a family compensation fund. However, no pension or 
compensation monies have been paid because Sankara's family demanded 
that the case be investigated and the perpetrators punished prior to 
accepting any financial compensation.
    The Ministry of Human Rights, which was created in 2002, is 
responsible for the protection and promotion of human rights in Burkina 
Faso. The minister of human rights reports to the prime minister. 
During the year the ministry assisted in drafting the antitrafficking 
law that passed on May 15 and conducted education campaigns on human 
rights that used theater, films, radio, and pamphlets.
    The ombudsman, who is appointed by the president for a nonrenewable 
five-year term and cannot be removed during the term, had limited 
resources. The public generally trusted the ombudsman's impartiality. 
No report of the ombudsman's work was published during the year.
    The Governmental National Commission on Human Rights serves as a 
permanent framework for dialogue on human rights concerns and included 
representatives of human rights NGOs, unions, professional 
associations, and the Government. The MBDHP did not participate on the 
commission and continued to charge that the commission was subject to 
government influence. The commission, which issued no reports during 
the year, was inadequately funded.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status; however, the Government 
did not effectively enforce these prohibitions. Discrimination against 
women and persons with disabilities remained problems.

    Women.--Rape is a crime; however, the law was not enforced, and 
rape occurred frequently. There is no explicit discussion of spousal 
rape in the law, and there were no recent court cases. 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 worked to combat violence against women.
    Domestic violence against women, especially wife beating, occurred 
frequently, primarily in rural areas. No law specifically protects 
women from domestic violence, and cases of wife beating usually were 
handled out of court. There were no available statistics on how many 
persons were prosecuted, convicted, or punished for domestic violence 
during the year; however, it was believed such legal actions were 
infrequent because women were ashamed, afraid, or otherwise reluctant 
to take their spouses to court. Cases that involved severe injury 
usually were handled through the legal system. The Ministry for 
Promotion of Women, the Ministry for Social Action and National 
Solidarity, and several NGOs cooperated in an effort to protect women's 
rights. The Ministry for the Promotion of Women has a legal affairs 
section to inform women about their rights and encourage them to defend 
these rights.
    Childless elderly women with no support, primarily in rural areas, 
and particularly if their husbands had died, were at times accused of 
witchcraft. They were banned from their villages since they often were 
accused of eating the soul of a relative or a child who had died. These 
women sought refuge at centers run by governmental or charitable 
organizations in larger cities.
    The law does not specifically prohibit prostitution, which was 
prevalent; however, pimping and soliciting are illegal.
    The labor code explicitly prohibits sexual harassment in the 
workplace, but such harassment was common. The law prescribes fines of 
50,000 to 600,000 CFA francs ($104 to $1,245) and prison terms varying 
from one month to five years for persons convicted of workplace 
harassment. There were no available statistics on how many persons were 
prosecuted, convicted, or punished for the offence during the year.
    Women continued to occupy a subordinate position and experienced 
discrimination in education, jobs, property ownership, access to 
credit, management or ownership of a business, and family rights. 
Polygyny was permitted, but both parties had to agree to it prior to a 
marriage. A wife could oppose further marriages by her husband if she 
provided evidence that he had abandoned her and her children. Either 
spouse could petition for divorce, and the law provides that custody of 
a child be granted to either parent, based on the child's best 
interests. Since 2007 women can serve in the military; however, women 
represented approximately 45 percent of the general workforce and were 
primarily concentrated in lower paying positions. Although the law 
provides equal property rights for women and, depending on other family 
relationships, inheritance benefits, traditional law denied women the 
right to own property, particularly real estate. In rural areas land 
belonged to the family of a woman's husband. Many citizens, 
particularly in rural areas, clung to traditional beliefs that did not 
recognize inheritance rights for women and regarded a woman as property 
that can be inherited upon her husband's death.
    The Government continued media campaigns to change attitudes toward 
women, but progress has been slow. The Ministry for Women's Promotion 
is responsible for promoting women's rights, and the minister was a 
woman. During the year the Government established community banks to 
promote economic development of grassroots organizations, including 
women's groups. The banks provided micro loans to fund cereal mills, 
shea butter production, market gardening, animal fattening, and other 
small businesses.

    Children.--The constitution contains provisions that nominally 
protect children's rights. The Government allotted approximately 99.8 
billion CFA francs ($207,000,000) to education.
    The Government failed to register all births immediately, primarily 
in rural areas where administrative structures were insufficient and 
the population did not understand the value of birth certificates. 
Also, few rural persons could afford birth certificates. Although there 
were no statistics, failure to possess a birth certificate resulted in 
discrimination, including the denial of public services.
    The Government paid tuition, books, and supplies for all students 
under 16 years of age, although uniforms were the responsibility of the 
student's family. Children over 16 years old were responsible for 
paying all education costs unless they qualified for tuition assistance 
from merit and need-based programs. The overall school enrollment was 
approximately 72 percent for boys and 66 percent for girls.
    The law prohibits the abuse of children under 15 and provides for 
the punishment of abusers. The penal code mandates a one- to three-year 
prison sentence and fines ranging from 300,000 to 900,000 CFA francs 
($623 to $1,868) for inhumane treatment or mistreatment of children; 
however, light corporal punishment was tolerated and widely practiced 
in society, although the Government conducted seminars and education 
campaigns against child abuse.
    Scarification of the faces of boys and girls of certain ethnic 
groups continued, but was gradually disappearing.
    Female Genital Mutilation (FGM) was practiced widely, especially in 
rural areas, and usually was performed at an early age. According to a 
2006 report by the National Committee for the Fight Against Excision, 
up to 81 percent of women aged 25 and older, and approximately 34 
percent of girls and women under 25, had undergone FGM. Perpetrators 
were subject to a significant fine and imprisonment of six months to 
three years, or up to 10 years if the victim died. During the year 
security forces and social workers from the Ministry of Social Action 
arrested several FGM practitioners and their accomplices. In accordance 
with the law, they were sentenced to prison.
    As part of the Government's campaign against FGM in West Africa, 
the first ladies of Burkina Faso and Niger presided over an October 14-
15 meeting on FGM in Ouagadougou. Noting that girls were often taken 
across national borders to countries where excision is legal or law 
enforcement is weak, participants called on governments to coordinate 
and enforce national laws against FGM.
    Several NGOs believed that child marriage was a problem, primarily 
in rural areas; however, there were no reliable statistics. The legal 
age for marriage is 17. The law prohibits forced marriage and 
prescribes penalties of six months to two years in prison. The prison 
term may be increased to three years if the victim is under 13 years of 
age; however, there were no reports of prosecutions of violators.
    There were no statistics on child prostitution; however, it was a 
problem. Children from poor families relied on prostitution to meet 
their daily needs, including food and, at times, to help their needy 
parents at home. Trafficked children, primarily Nigerian nationals, 
were also subject to sexual abuse and forced prostitution.
    There were numerous street children, primarily in Ouagadougou and 
Bobo-Dioulasso. Many children ended up on the streets after travelling 
from rural areas to find employment in the city or after their parents 
had sent them to the city to study with a Koranic teacher or live with 
relatives and go to school. At least one NGO assisted street children. 
Two directorates within the Ministry of Social Action also ran 
educational programs, including vocational training, for street 
children, funded income-generating activities, and assisted in the 
reintegration and rehabilitation of street children. Nevertheless, the 
number of street children far outstripped the capacity of these 
institutions.

    Trafficking in Persons.--On May 15, the Government passed a new 
antitrafficking law that punishes trafficking in adults as well as 
children for sexual, labor, and other related practices; the 2003 law 
applied to traffickers of children only. The new law increases maximum 
prison terms for traffickers from five to 10 years and allows terms as 
high as 20 years or life imprisonment under certain conditions. The law 
also prohibits slavery, inhumane treatment, mistreatment of children 
and adults, kidnapping, and violence.
    The country was a source, transit, and destination country for 
children and women trafficked for forced agricultural labor and 
commercial sexual exploitation, forced labor in gold mines and stone 
quarries, and forced domestic servitude. Internal trafficking of 
children was also a problem. Burkinabe children were trafficked 
primarily to Cote d'Ivoire, as well as to Mali, Benin, Nigeria, Togo, 
Ghana, and Niger. Children were also trafficked from these West African 
countries to Burkina Faso. To a lesser extent, Burkinabe women were 
trafficked to Europe for sexual exploitation. Women were believed to 
have been trafficked to the country from Nigeria, Togo, Benin, and 
Niger for domestic servitude, forced labor in restaurants, and sexual 
exploitation. The country was a transit point for trafficked children, 
notably from Mali to Cote d'Ivoire.
    Child traffickers typically acted as intermediaries for poor 
families, promising to place a child in a decent work situation. Once 
the child was in the hands of traffickers, these promises were usually 
disregarded. Some traffickers were distant relatives, often referred to 
as ``aunts.'' Traffickers occasionally kidnapped children. Once placed 
in a work situation, whether in the country or beyond its borders, 
children were usually not free to leave and were forced to work without 
pay and under very bad conditions.
    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 and cooperated with regional smuggling rings; authorities 
dismantled two networks during the reporting period. Village vigilance 
committees and public awareness campaigns contributed to successful 
efforts by the Ministry of Social Action and security forces in the 
dismantling of these networks.
    The majority of international trafficking was believed to be 
conducted using forged travel documents. Travel occurred both at 
official ports-of-entry and at unmonitored border-crossing points.
    According to the 2008 report by the Office for the Protection of 
Infants and Adolescents, security forces between January and July 
intercepted 203 trafficked children, 161 of whom were boys; 114 
children were destined for international trafficking. Seven child 
traffickers were arrested; three were cleared of all charges and 
released, and four were awaiting trial at year's end. The four 
remaining Nigerian nationals who remained in detention on 2007 
trafficking charges received suspended prison terms of six months.
    The Ministry of Social Action and National Solidarity and the 
Ministry of Labor and Social Security were responsible for enforcing 
trafficking and child labor laws and regulations; however, the 
Government had limited resources to combat trafficking. In April 2007 
the Council of Ministers adopted a national plan of action to combat 
trafficking. It included elements such as prevention, protection, 
feeding and care of victims, rehabilitation, social and economic 
reintegration of victims, prosecution, strengthening of the 
institutional and legal framework, advocacy, follow-up, and evaluation.
    The Government cooperated with Cote d'Ivoire, other governments, 
and international organizations throughout the year in implementing 
workshops and overall cooperation on child trafficking.
    The Government worked with international donors and the 
International Labor Organization to address child trafficking, in part 
by organizing seminars on child trafficking for customs officers. 
During the year security services and civil society groups organized 
similar workshops and seminars. The Government also organized several 
training sessions for watch committee members. Over several years, the 
Government has established 142 watch committees in 12 of the 13 regions 
in which child trafficking and child labor were problems. The watch 
committees included representatives of industries usually implicated in 
child labor (cotton growers, for example), the police, gendarmerie, 
magistrates, NGOs, and social welfare agencies. The Government also 
worked with international and domestic NGOs in the fight against 
trafficking.
    The Government, in collaboration with the UN Children's Fund, 
continued to operate transit centers for destitute children, including 
trafficked children, where food and basic medical care were provided. 
It also helped children return to their families. Most reintegration 
programs for trafficked children were operated by NGOs.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical or mental disabilities in employment, 
education, access to health care, the provision of other state 
services, or other areas; however, the Government did not effectively 
enforce these provisions. There was no government mandate or 
legislation concerning access to buildings for persons with 
disabilities. Advocates reported that persons with disabilities often 
faced social and economic discrimination. Such persons who were able to 
work 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 families and not in 
the workforce.
    Programs to aid persons with disabilities were limited. During the 
year the National Committee for the Reintegration of Persons with 
Disabilities implemented reintegration programs and capacity building 
programs to better manage income generating activities; the committee 
also conducted sensitizing campaigns.

    National/Ethnic/Racial Minorities.--Incidents of discrimination 
occurred involving cattle farmers of the Fulani ethnic group and 
farmers of other ethnic groups. Such incidents were fueled by the 
scarcity of grazing lands and because Fulani herders allowed their 
cattle to graze on others' farming lands.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against homosexuals and persons with HIV/AIDS was a problem. Persons 
who tested positive for HIV/AIDS were sometimes shunned by their 
families, and HIV/AIDS-positive wives were sometimes evicted from their 
homes. Some landlords refused to rent lodgings to persons with HIV/
AIDS. However, persons with HIV/AIDS were generally not discriminated 
against in employment practices or the workplace.
    Religious and traditional beliefs did not tolerate homosexuality, 
and homosexuals were at times victims of verbal and physical abuse. 
There were no reports that the Government responded to societal 
violence and discrimination against homosexuals.
Section 6. Worker Rights
    a. The Right of Association.--The laws allow workers to form and 
join independent unions of their choice without previous authorization 
and excessive requirements; however, ``essential'' workers such as 
police, army, and other security personnel could not join unions. 
Approximately 85 percent of the workforce was engaged in subsistence 
agriculture and did not belong to unions. Of the remainder, an 
estimated 25 percent of private sector employees and 60 percent of 
public sector workers were union members. The law allows unions to 
conduct their activities without interference, and the Government 
respected this right.
    The law provides for the right to strike; however, the law provides 
a very narrow definition of this right. Magistrates, police, military 
personnel, and gendarmes do not have the right to strike.

    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. There was extensive collective bargaining in 
the modern wage sector; however, this sector included only a small 
percentage of workers.
    Antiunion discrimination occurred.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, children 
were trafficked and used for informal labor outside their own families 
for little or no pay.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets the minimum age for employment at 15 years and prohibits 
children under 18 years from working at night except in times of 
emergency; however, child labor was a problem. The minimum age for 
employment was inconsistent with the age for completing educational 
requirements, which generally was 16 years. In the domestic and 
agricultural sectors, the law permits children under the age of 15 to 
perform limited activities for up to four and one-half hours per day; 
however, many children under the age of 15 worked longer hours. An 
estimated 51 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. There were no 
reports of children under the age of 15 employed in either state-owned 
or large private companies.
    The Ministry of Labor and Social Security, which oversees labor 
standards, lacked the means to adequately enforce worker safety and 
minimum age legislation, even in the small business sector.
    Punishment for violating child labor laws included prison terms of 
up to five years and fines of up to 600,000 CFA francs ($1,245).
    The Government organized workshops during the year, and in 
cooperation with donors, undertook sensitization programs to inform 
children and parents of the dangers of sending children away from home 
to work.

    e. Acceptable Conditions of Work.--The law mandates a minimum 
monthly wage of approximately 30,684 CFA francs ($64) in the formal 
sector; the minimum wage does not apply to subsistence agriculture or 
other informal occupations. The minimum wage did not provide a decent 
standard of living for a worker and family. Employers often paid less 
than the minimum wage. Wage earners usually supplemented their income 
through reliance on the extended family, subsistence agriculture, or 
trading in the informal sector. The Ministry of Labor and Social 
Security was responsible for enforcing the minimum wage.
    The law mandates a standard workweek of 40 hours for nondomestic 
workers, a 60-hour workweek for household workers, and provides for 
overtime pay. There are also regulations pertaining to rest periods, 
limits on hours worked, and prohibition of excessive compulsory 
overtime, but these standards were not effectively enforced.
    Government inspectors under the Ministry of Labor and Social 
Security and the labor tribunals were responsible for overseeing 
occupational health and safety standards in the small industrial and 
commercial sectors, but these standards did not apply in subsistence 
agriculture and other informal sectors. The Government's Labor 
Inspector Corps did not have sufficient resources to adequately fulfill 
its duties. Every company with 10 or more employees 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 without jeopardy to continued employment. 
There were indications that this right was respected, although such 
declarations by the Labor Inspection Office were rare.

                               __________

                                BURUNDI

    Burundi is a constitutional republic with an elected government and 
a population of 8.3 million. In 2005, following local and parliamentary 
elections, the country's two houses of parliament indirectly elected as 
President Pierre Nkurunziza, a member of the National Council for the 
Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD) 
political party. International observers reported that the elections, 
which ended a four-year transitional process under the Arusha Peace and 
Reconciliation Agreement, were generally free and fair. Although the 
CNDD-FDD party dominated parliament and the Government, other major 
parties, notably the Burundian Front for Democracy (FRODEBU) and the 
Union for National Progress, were also represented. On April 17, 
members of the rebel group PALIPEHUTU-FNL (FNL) attacked several 
military positions around Bujumbura. Subsequent clashes between 
government forces and rebel combatants resulted in more than 100 dead 
before a cease-fire was signed at the end of May. More than 2,000 
rebels subsequently relocated to a government assembly area awaiting 
integration into the security forces or demobilization. At year's end 
an additional 3,000 to 18,000 combatants remained in the bush as rebel 
leaders and government authorities negotiated the details of the 
agreement. While civilian authorities generally maintained effective 
control of security forces, there were instances when elements of the 
security forces acted independently.
    The Government's human rights record remained poor; government 
security forces continued to commit numerous serious human rights 
abuses. Members of the army (FDN), the police, and the National 
Intelligence Service (SNR) were responsible for killings, torture, and 
beatings of civilians and detainees (including suspected FNL 
supporters), although there were fewer such reports than in the 
previous year. There were reports that security forces raped women and 
girls. Impunity and harsh, life-threatening prison and detention center 
conditions remained problems, and reports of arbitrary arrest and 
detention continued. Prolonged pretrial detention, lack of judicial 
independence and efficiency, and judicial corruption continued. While 
government security forces, especially the FDN, took some steps to 
prosecute the perpetrators of human rights abuses, most individuals 
acted with impunity. The Government continued to hold some political 
prisoners and political detainees. It restricted freedom of assembly 
and association, especially for political parties, and did not tolerate 
direct criticism of the president. Security forces continued to harass 
members of the opposition. Domestic and sexual violence and 
discrimination against women remained problems. A large number of 
weapons circulated throughout the general population, and many violent 
incidents and killings were considered the result of vigilante abuse 
and personal score-settling.
    Despite the cease-fire, abuses by the FNL against civilians 
continued and occurred primarily in the FNL traditional strongholds of 
Bujumbura Rural, and the northern provinces of Bubanza, Cibitoke, 
Muramvya, and Kayanza. These abuses included killings, kidnappings, 
rapes, theft, extortion, and the use of forced labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    Arbitrary or Unlawful Deprivation of Life.--The UN reported that 
security forces killed 57 civilians, compared with 20 in the previous 
year. The human rights organization Ligue Iteka reported widespread 
killings of civilians by security forces after rebel attacks or for 
suspected collaboration with rebel forces. FNL rebels killed numerous 
persons during the year and committed other serious abuses against the 
civilian population. Ligue Iteka further claimed that authorities 
failed to investigate these incidents or identify the killers (See 
Section 1.g.). Given the high numbers of arms circulating in the 
population and general lawlessness in many areas, a large number of 
killings could be attributed to vigilante abuse or the settling of 
personal scores.
    There were continuing reports of deaths and injuries caused by 
unknown persons using grenades and mortars, some allegedly involving 
security force personnel.
    There were no reported deaths as a result of unexploded ordnance or 
landmines laid in previous years by government or rebel combatants.
    There were reports of killings, usually perpetrated by unknown 
persons, of individuals accused of sorcery, as well as killings of 
persons with albinism for body parts allegedly used in witchcraft. The 
killing of persons with albinism in particular appeared to be driven by 
a demand for body parts in neighboring Tanzania.
    On July 23, an unidentified man strangled and ritually mutilated a 
14-year-old girl by removing her front teeth in Muyinga Province. A mob 
then burned the man alive.
    On September 10, 11 local youths killed and burned four persons 
accused of sorcery. Police arrested the youths amid protests from local 
inhabitants; by year's end none of the accused had been tried.
    On September 10, also in Ruyigi, unidentified assailants killed and 
mutilated a girl with albinism and then cut off her hands and feet. 
Police investigation had produced no arrests by year's end.
    On September 30, unknown attackers killed and cut off the arms and 
legs of a man with albinism in Ruyigi. Police investigation had 
produced no arrests by year's end.
    On November 16, a six-year-old girl with albinism was killed in 
Ruyigi and her head and limbs removed. Armed attackers broke into the 
family's home and tied up the girl's parents before shooting her in the 
head. Police investigation had produced no arrests by year's end.
    Despite a 2006 announcement by the president that local authorities 
would be held accountable for such killings, the perpetrators were 
rarely identified or prosecuted. On October 6, however, local police 
arrested and detained two persons in Gihogazi, Karuzi Province, for 
allegedly trafficking body parts of persons with albinism to Tanzania.

    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances. The Association for the Protection of Human 
Rights and Detained Persons (APRODH) reported that 64 detainees were 
missing from detention facilities during the year and that the 10 
detainees missing from detention facilities in 2006 had all been 
killed. At year's end the authorities had not investigated these 
killings.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
the UN, Human Rights Watch (HRW), and domestic nongovernmental 
organizations (NGOs) Ligue Iteka and APRODH reported that members of 
the security forces beat and tortured civilians and detainees. In 
September the police commissioner of Bubanza Province tortured a man 
detained in the Bubanza Provincial Jail following a heated argument 
over an unknown matter. Authorities later confirmed that the 
commissioner used his belt and truncheon to inflict severe pain on 
prisoners; however, no action was taken against him.
    There were no developments in the August 2007 shooting into an 
unruly crowd by a drunken policeman in Bururi Province.
    Throughout the year multiple credible sources reported that the 
security forces maintained illegal detention and torture centers across 
the country. The SNR facility reportedly used for torture of detainees 
and scheduled for closure in 2006 remained open.
    During the year the soldiers accused of the 2007 rape of two women 
and a minor in separate incidents in Bujumbura Rural, Makamba, and 
Muyinga provinces were each sentenced to 20 years' imprisonment.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and sometimes life threatening. Severe overcrowding persisted, 
and in August APRODH reported that 9,613 persons were held in 11 
facilities built to accommodate a total of 4,050. According to 
government officials and human rights observers, prisoners suffered 
from digestive illnesses and malaria, and some died as a result of 
disease. APRODH reported 57 cases of torture and abuse of prisoners and 
detainees, as well as arbitrary and prolonged detentions, in Rumonge 
Prison in Bururi Province. For example, 59 percent of prisoners were 
``preventive detainees'' held without charge.
    Each prison had one qualified nurse and at least a weekly visit by 
a doctor; however, prisoners did not always receive prompt access to 
medical care. Serious cases were sent to local hospitals. The 
International Committee of the Red Cross (ICRC) was the primary 
provider of medicines; the Government did not feed detainees in 
communal lockups. Detainees and prisoners not held in communal lockups 
received 450 grams of food per day from the Government, and families 
often had to supplement prisoner rations.
    Detention centers and communal lockups were severely overcrowded, 
and conditions were generally worse than prison conditions. APRODH 
stated there were numerous unofficial reports of prisoner abuse. Proper 
sanitation and medical care were limited or nonexistent. There were 400 
communal lockups where those arrested were to be held for no longer 
than one week; in practice detainees were regularly kept in these 
facilities for much longer periods, ranging from a few weeks to several 
months.
    According to the Ministry of Justice, there were 489 children in 
prisons, including 82 infants accompanying their convicted mothers. 
Juvenile prisoners were held with and often treated as adults. 
Political prisoners often were held with convicted criminals. Persons 
being detained before their trials were held in communal lockups, but 
some were also incarcerated with convicted prisoners. In detention 
centers and communal lockups, minors were not always separated from 
adult detainees.
    During the year the Government permitted some visits by 
international and local human rights monitors, including the ICRC, and 
the visits took place in accordance with standard modalities.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, but security forces arrested 
and detained persons arbitrarily, including journalists and labor union 
leaders.

    Role of the Police and Security Apparatus.--The national police are 
responsible for internal security, but the FDN may assume such 
responsibilities in time of war. The police deal with criminal matters, 
and the FDN fulfills external security and counterinsurgency roles. In 
practice the FDN also arrests and detains suspects. The Ministry of 
Defense oversees the FDN, and the Ministry of Public Security oversees 
the national police. The SNR is a special police agency that reports 
directly to the president. The SNR gathers intelligence and has the 
authority to arrest and interrogate suspects.
    Members of the security forces were poorly trained. Corruption, 
disregard for limits on detention, and torture and mistreatment of 
prisoners and detainees remained problems. An internal affairs unit 
within the police force investigated crimes committed by police. The 
United Nations Mission in Burundi (BINUB) and various NGOs provided 
human rights training to police. Impunity and lack of accountability 
for members of the security forces who committed serious human rights 
abuses remained key problems.

    Arrest and Detention.--The law requires arrest warrants in most 
cases, and presiding magistrates are authorized to issue them. Police 
and the FDN can make arrests without a warrant but are required to 
submit a written report to a magistrate within 48 hours. However, 
police rarely respected these provisions in practice. Police routinely 
violated a requirement that detainees be charged and appear in court 
within seven days of arrest. A magistrate can order the release of 
suspects or confirm charges and continue detention, initially for seven 
days, then subsequently for one additional period of seven days as 
necessary to prepare the case for trial. Magistrates also ignored this 
requirement and detained suspects 10 days or longer. Police are 
authorized to release suspects on bail, but this provision was rarely 
exercised. Police regularly detained suspects for extended periods 
without announcing charges, certifying the detention before a judge, or 
advising the Ministry of Justice within 48 hours as required. Suspects 
are permitted lawyers at their own expense in criminal cases, but the 
law does not require, and the Government did not provide, attorneys for 
indigents at government expense. The law prohibits incommunicado 
detention, but numerous credible sources reported that it occurred. 
Authorities on occasion denied prisoners prompt access to family 
members.
    Security forces arbitrarily detained journalists and labor union 
leaders. In September both journalist Jean-Claude Kavumbago (See 
Section 2.a.) and the vice president of the Justice Ministry's 
administrative workers union, Juvenal Rududura (See Section 6), were 
arrested; both were being held without trial at year's end.
    According to the Ministry of Justice, 9,613 persons were in prison 
as of September, more than 6,400 of whom had not been tried. Lengthy 
jail procedures, a large backlog of pending cases, judicial 
inefficiency, corruption, and financial constraints often caused trial 
delays. Irregularities in the detention of individuals, including 
holding them beyond the statutory limit, continued. Human rights NGOs 
and others lobbied the Government unsuccessfully for the release of 
prisoners who were held for long periods of time without charge.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the judiciary was not independent 
of the executive branch, was inefficient, and was hampered in some 
cases by corruption. According to UN officials, political interference 
seriously impeded the judiciary's impartiality.
    The judicial system consists of civil and criminal courts with the 
Supreme Court and Constitutional Court at the apex. In all cases 
involving constitutional matters, the Constitutional Court has the 
ultimate appellate authority, while the ultimate authority in all other 
cases rests with the Supreme Court.
    The law provides for an independent military judicial system, which 
in practice was influenced by the executive and higher-ranking military 
officers. Courts of original jurisdiction for lower-ranking military 
offenders are called ``War Councils,'' and one exists in each of the 
country's five military districts. A court martial Tribunal of Appeals 
hears appeals of War Council decisions and also has trial jurisdiction 
for mid-ranking military offenders up to the rank of colonel. Military 
courts have jurisdiction over military offenders and civilians accused 
of offenses implicating members of the military.
    The Government officially recognizes the traditional system of 
community arbitration known as ``abashingantahe,'' which functions 
under the guidance of community members recognized for their conflict 
resolution skills. A ``mushingantahe,'' or community mediator, 
recognized by the community and presides over deliberations; no lawyers 
are involved. The opinion of a mushingantahe often is necessary before 
access is granted to the formal civil court system. The abashingantahe 
system is limited to civil and minor criminal matters and exercises no 
jurisdiction over serious criminal matters. In previous years some 
members of the ruling CNDD-FDD party, with a predominately Hutu 
membership, looked unfavorably on the institution of the abashingantahe 
because some Hutus perceived it to be a tool of Tutsi domination. 
Nonetheless, President Nkurunziza met with leaders of the 
abashingantahe and spoke publicly and favorably about the institution.
    A perception that Tutsis dominated the judiciary, making it 
ethnically biased, began to change. During the last three years, the 
president appointed Hutu judges as chief justice of the Supreme Court, 
president of the Constitutional Court (both women), and prosecutor 
general.

    Trial Procedures.--All trials are publicly conducted by panels of 
judges, with the exception of capital punishment cases, which are 
decided by a seven-person panel of four citizens and three magistrate 
judges. In theory, defendants are presumed innocent and have a right to 
counsel but not at the Government's expense, even in cases involving 
serious criminal charges. Defendants have a right to defend themselves, 
which includes the right to question the prosecution's witnesses, call 
their own witnesses, and examine evidence introduced in their cases. 
However, few defendants had legal representation because few could 
afford the services of one of 90 registered lawyers in the country. 
Authorities sometimes were unable to carry out their investigations or 
transport suspects and witnesses to the appropriate court because of 
lack of resources.
    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. In practice the inefficiency of the court 
system extended the appeals process for long periods and in some cases 
allegedly for more than a year. This effectively limited the 
possibility of appeals, even by defendants accused of the most serious 
crimes.
    Procedures for civilian and military courts are similar, but 
military courts typically reached decisions more quickly. Military 
trials, like civilian trials, generally failed to meet internationally 
accepted standards for fairness. The Government does not provide 
military defendants with attorneys to assist in their defense, although 
NGOs provided some defendants with attorneys in cases involving serious 
charges. Military trials generally are open to the public but can be 
closed for compelling reasons, including for national security or when 
publicity can harm the victim or a third party, such as in cases 
involving rape or child abuse. Defendants in military courts are 
allowed only one appeal.

    Political Prisoners and Detainees.--The incarceration of political 
prisoners and detainees remained a problem. According to APRODH, at 
year's end there were an estimated 200 political prisoners, most 
considered to be FNL rebels.
    On November 3, journalist and political activist Alexis Sinduhije 
was arrested at the Bujumbura headquarters of his newly formed Movement 
for Security and Democracy (MSD), a political party unrecognized by the 
Government. Sinduhije was subsequently charged with insulting President 
Nkurunziza, based on comments allegedly found in Sinduhije's personal 
papers concerning Nkurunziza's policies and religious orientation. 
Sinduhije appeared before Bujumbura's provincial tribunal on November 
28, where he questioned the competence of two judges, prompting the 
court to delay ruling on his case. He remained in detention at year's 
end.
    In April 2007 police arrested CNDD-FDD party chairman Hussein 
Radjabu and charged him with ``intent to disrupt national security 
through an armed rebellion.'' On April 3, Radjabu was sentenced to 13 
years in prison; two of his co-detainees were sentenced to 10 years 
each. Radjabu's appeal was pending at year's end.
    The Government generally afforded international organizations and 
local human rights NGOs access to political prisoners.

    Civil Judicial Procedures and Remedies.--The judiciary was neither 
independent nor impartial. Media reports alleged that the judiciary 
included many individuals beholden to the Government. The execution of 
court decisions, including payment of damages, could be slow, sometimes 
taking years.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law provide for the right to 
privacy, but the Government did not always respect this right in 
practice. Authorities rarely respected the law requiring search 
warrants. Sources in the media and civil society believed that security 
forces monitored telephone calls.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Despite the 2006 cease-fire agreement, in April FNL forces conducted 
sporadic mortar and rocket assaults on Bujumbura over the course of 
several days, leading to a government counterassault that quickly 
overran FNL positions outside the city. Although many persons in the 
areas surrounding Bujumbura temporarily fled their homes, there were no 
reported civilian casualties; approximately 100 combatants were killed. 
Peace talks between the Government and the FNL resumed in May, and 
there were no reports of other major clashes at year's end. An 
estimated 250,000 persons, mostly civilians, have been killed in 
conflict-related violence since 1993, primarily before the 2006 cease-
fire.

    Killings.--According to the UN, during the year security forces 
killed 57 civilians, as compared with 20 such killings in 2007; 30 of 
these were killed by the FDN, 25 by the police, and two by the SNR.
    On June 22, three soldiers used grenades during an attempted home 
invasion in Bubanza Province, injuring one soldier and killing a 
civilian. At year's end no arrests had been made for the attack.
    During the week of June 22, two persons were killed in Ruyigi 
Province by a grenade thrown by someone in military uniform and 
believed to be a soldier. At year's end no arrests had been made.
    On August 23, a grenade thrown at a wedding party killed 19 persons 
and injured 60. At year's end no arrests had been made.
    On or about August 12, a policeman killed a woman in Rumonge for 
allegedly refusing to sleep with officers at a nearby police post. Two 
policemen were arrested but had not been tried at year's end.
    On September 25, the director general of sports and leisure at the 
Ministry of Sports, Youth, and Culture was killed in a grenade attack 
outside his home in Musaga, Bujumbura. At year's end no arrests had 
been made.
    No action was taken in the September 2007 killing of a truck driver 
by an intelligence agent.
    In June the Military Court ruled that it was not competent to judge 
24 suspects accused of the 2006 killings of 31 persons last seen alive 
in military custody in Muyinga Province. Their bodies were found in a 
river. In September the court reversed its position, and the trial 
began in October. However, the primary defendant, Colonel Vital 
Bangirinama, allegedly fled the country early in the year. On October 
23, the court condemned Bangirinama (in absentia) to death, sentenced 
three other soldiers to life imprisonment, sentenced five members of 
the military convoy that took part in the massacre to 10 years' 
imprisonment each, and sentenced three of the convoy's drivers to two 
years' confinement each.
    Rebel forces were implicated in numerous killings during the year, 
but as demobilization of FNL forces continued and common banditry 
increased, it was often impossible to distinguish between former FNL 
combatants and common criminals.
    The media and security forces often blamed the FNL for repeated 
ambushes of travelers on the main roads into and out of Bujumbura; 
again, it was not always possible to distinguish between FNL members 
and common criminals. Frequently these crimes were perpetrated by 
demobilized soldiers who were unable to find employment after military 
service.

    Abductions.--There were no reports that government agents or rebel 
forces abducted persons during the year.

    Physical Abuse, Punishment, and Torture.--During the year security 
force abuse occurred, and FNL rebel combatants continued to commit 
numerous serious abuses against the civilian population, including 
torture, rape, and the looting and burning of houses, principally in 
Bujumbura Rural Province and the western provinces of Cibitoke and 
Bubanza.
    On June 22, in Gihanga, Bubanza Province, several soldiers 
attempted to rob a home; when the occupants protested, the soldiers 
reportedly panicked and detonated three grenades. A local chief stated 
he would investigate, but no action had been taken by year's end.
    On June 24, in Ngozi Province, a policeman shot and killed a 
civilian in a bar. He was arrested but had not been tried by year's 
end. The local population petitioned authorities to forbid police from 
bringing weapons into drinking places.
    On July 6, in Muhuta, Bujumbura Rural Province, FNL rebels 
reportedly killed the head of a family and looted his house.
    On July 8, a large number of armed FNL rebels moved into Isale, 
Bujumbura Rural Province, looting houses, burning fields, and killing 
livestock; local media documented the destruction. No arrests were made 
following these incidents.
    Although there were no credible reports of government forces or the 
FNL using torture or rape as a tactic of war, according to APRODH 140 
cases of rape were reported during the first half of the year, many 
allegedly committed by security forces and FNL members.
    The UN recorded 36 rapes committed by security forces during the 
year.
    On July 1, an FDN soldier raped a woman in Busoni, Kirundo 
Province. No one was arrested or charged for this incident by year's 
end.
    On February 13, FNL former combatants at a cantonment camp in 
Randa, Bubanza Province, raped a 16-year-old girl. At year's end no one 
had been charged.
    On April 14, an unknown person raped a nine-year-old girl at a camp 
for displaced persons in Buhiga, Karuzi Province. At year's end no one 
had been charged.

    Child Soldiers.--Under the law the minimum age for military 
recruitment is 16, although the Government maintained that no one under 
18 was recruited. Through year's end a multiyear project sponsored by 
the Government and the UN Children's Fund (UNICEF) demobilized 
approximately 3,600 child soldiers from the Government security forces 
as well as from former rebel groups. According to UNICEF, security 
forces no longer used children as soldiers for combat.
    According to the Ministry of Defense, soldiers using children to 
perform menial tasks were subject to punishment and dismissal. There 
were no credible reports of such abuses during the year.
    Ligue Iteka reported that the FNL stopped recruiting children into 
their ranks following the return of FNL leadership to Bujumbura and the 
resumption of peace talks in May. However, an HRW representative stated 
that the FNL were thought to retain approximately 50 children who were 
being used primarily as menial laborers. In addition, there were 
unsubstantiated but widespread reports that the FNL started recruiting 
children when peace talks stalled, apparently so they could claim more 
members and improve their negotiating position. The new ``recruits'' 
were apparently being used as bargaining chips, not as laborers or 
active combatants. With the assistance of the World Bank's National 
Demobilization, Disarmament, and Reintegration project, most child 
soldiers identified prior to May were demobilized, and many returned to 
their families or were placed in schools.
    Although there was no forcible displacement of civilians by 
government agents, the FDN-FNL clashes in April caused thousands to 
temporarily flee their homes, especially in Bujumbura Rural, Bubanza, 
and Cibitoke provinces. They returned to their homes once hostilities 
ceased.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government 
continued to restrict these freedoms. The Government does not tolerate 
public criticism, particularly the dissemination of insults directed at 
the president and other high-level public officials in the media or at 
public gatherings. Although legislation regulating political gatherings 
was repealed, opposition meetings continued to be largely monitored by 
the Government.
    Unlike in the previous year, there were no reports that the 
Government used direct censorship or forced media outlets to suspend 
operations; however, the National Communications Council, a 
presidentially nominated media regulatory commission, threatened a 
major radio outlet, the Africa Public Radio (RPA), with closure unless 
the radio recanted several news stories criticizing government 
authorities that the Government claimed were lies.
    Journalists continue to exercise self-censorship, and direct 
criticism of the president was not tolerated.
    The Government controlled several major media outlets, including Le 
Renouveau, the only daily newspaper, as well as the widely viewed 
National Radio and Television of Burundi. There were also two private 
television stations.
    There were eight private weekly publications and 11 private 
Internet and fax-based news sheets. Print runs by independent 
publications were small, and readership was limited by low literacy 
levels. Newspaper circulation was generally limited to urban centers. 
Ownership of private newspapers was concentrated in the capital, but 
there was a wide range of political opinion expressed.
    Radio remained the most important medium of public information. The 
Government-owned radio station broadcast in Kirundi, French, and 
Kiswahili and offered limited English programming. There were nine 
privately owned radio stations. Some stations received funding from 
international donors. Listeners could receive transmissions of foreign 
news organizations such as the BBC and the Voice of America. During the 
year the CNDD-FDD created a progovernment radio outlet, Rema FM.
    The law criminalizes offenses, including defamation of political 
figures, committed by the media and provides for fines and criminal 
penalties of six months' to five years' imprisonment for disseminating 
insults directed at the president, as well as writings that are deemed 
defamatory, injurious, or offensive to public or private individuals.
    On February 14, Eric Manirakiza and Emmanuel Nsabimana of RPA were 
charged with defamation for broadcasting that the president's chief of 
cabinet met with demobilized combatants to discuss creation of a 
militia to threaten opposition groups. Although the defendants were not 
imprisoned, they were awaiting a court date to answer the charges at 
year's end.
    On September 11, Chief Editor Jean-Claude Kavumbagu of Net Press, a 
daily Internet newspaper, was arrested and charged with defamation and 
disseminating false information for an article questioning the cost of 
President Nkurunziza's trip to attend the Beijing Olympics opening 
ceremonies. On September 23, Kavumbagu appeared before the court and at 
year's end was awaiting a trial date.
    On September 15, Juvenal Rududura, the vice president of a judicial 
trade union, was arrested for allegedly making false statements 
implying government corruption in the recruitment of judges.
    Journalists Serge Nibizi and Domitile Kiramvu of RPA, Corneille 
Nibaruta of Bonesha FM, and Mathias Manirakiza of Radio Isanganiro were 
exonerated of the 2006 charge of defaming the president. The 
Government's appeal of their 2006 acquittal was denied on April 30.
    Media outlets continued to complain about licensing fees, which 
some said were an unnecessarily heavy financial burden.

    Internet Freedom.--There were no reports of government restrictions 
on access to the Internet or reports that the Government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, poverty and lack of infrastructure prevented widespread public 
access to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government at times restricted this right.
    On February 20, the governor of Kayanza suspended a meeting of the 
opposition FRODEBU party in the commune of Gatara.
    On April 12, local police suspended a press conference held by 
Alexis Sinduhije, former director of the African Public Radio and 
president of the unrecognized political party MSD. By year's end the 
MSD had not been granted political party status by the Ministry of 
Interior for allegedly not fulfilling registration requirements. The 
MSD claimed its registration file was complete and accurate.
    An October presidential decree required all political parties to 
obtain government permission to assemble. Authorities had the right to 
send security forces and a representative ``to ensure the freedom and 
security of the meeting'' and assure the good behavior of the 
participants. Early morning or evening meetings were also disallowed. 
After numerous protests by local political parties and international 
actors, the Government rescinded the decree and began to require only 
that political parties notify local authorities before they assemble.

    Freedom of Association.--The constitution provides for freedom of 
association; however, the Government sometimes restricted this right in 
practice. Registration was required for private organizations and 
political parties. Although a number of political parties had 
successfully registered in advance of 2010 elections, at year's end the 
Ministry of Interior had not accepted the MSD, purportedly because of 
Sinduhije's popularity and perceived threat to the ruling party's 
success in the upcoming elections.
    Private organizations were required to present their articles of 
association to the Ministry of Interior for approval. There were no 
reports that the Government failed to complete the approval process for 
private organizations whose purposes the Government opposed.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The Government required religious groups to register with the 
Ministry of Interior, which kept track of their leadership and 
activities. Registration was granted routinely. The Government required 
religious groups to maintain a headquarters in the country.

    Societal Abuses and Discrimination.--The Jewish population was very 
small, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation; however, the Government sometimes restricted these rights 
in practice. The Government continued to restrict movement into and out 
of Bujumbura at night. Citizens' movements were restricted by 
government checkpoints and the threat of violence by members of the 
FNL.
    The law does not provide for forced exile, and the Government did 
not use this tactic; however, many persons remained in self-imposed 
exile.
    In 2005 the Governments of Rwanda and Burundi signed an agreement 
with the UN High Commissioner for Refugees (UNHCR) on the voluntary 
repatriation of approximately 4,489 Burundian refugees from Rwanda. An 
estimated 1,869 had voluntarily returned, and approximately 2,620 
remained in Rwanda.
    During the year the UNHCR facilitated the voluntary repatriation of 
approximately 95,000 Burundian refugees who had previously fled to 
neighboring countries, primarily Tanzania, bringing the total to nearly 
474,000 since 2002. The repatriates, who returned mostly to the 
southern and eastern provinces, often found their land occupied. Poor 
living conditions and a lack of food and shelter were problems for 
returnees. At year's end six temporary accommodation centers for 
returnees were under construction in Rutana and Bururi provinces, and 
six more were planned for the southern provinces. Each center was 
expected to provide temporary shelter for 42 families whose land has 
been occupied. The centers were being built in major areas of origin of 
the former 1972 refugees in order to allow them to participate in the 
resolution of their land conflicts.
    The UNHCR and the National Commission for Rehabilitation of War 
Victims assisted in the resettlement and reintegration of refugees and 
internally displaced persons (IDPs).

    Internally Displaced Persons.--Despite improved security, an 
estimated 100,000 IDPs remained in settlements throughout the country. 
According to the UN Office for the Coordination of Humanitarian Affairs 
(UNOCHA), most of the IDPs were living at 160 sites, the majority in 
Kayanza, Ngozi, Kirundo, Muyinga, and Gitega provinces.
    On August 19, a number of IDPs were beaten violently by police in 
an attempt to move them from land given to them by former president 
Buyoya but redistributed by the current government to others. Almost 
600 families were evicted forcibly. The Government took no action 
against police brutality.
    According to UNOCHA, 91 percent of IDPs were able to participate in 
agricultural activities, and of these, 78 percent had access to their 
original lands. In the south and east, 18 percent of IDPs were former 
refugees.

    Protection of Refugees.--The law provides for granting refugee 
status or asylum in accordance with the 1951 UN Convention relating to 
the Status of Refugees and its 1967 protocol, and the Government has 
established a system for providing protection to refugees. The country 
was also a party to the Organization of African Unity Convention 
Governing Specific Aspects of Refugee Problems in Africa. According to 
the UNHCR, at year's end the Government had granted refugee status and 
asylum to more than 28,000 persons. In practice the Government provided 
some protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened. The UNHCR 
reported that the Government fulfilled all of its obligations to 
provide asylum and refugee protections and cooperated with 
international organizations involved in refugee issues.
    As of December, according to the UNHCR, there were approximately 
28,000 Congolese refugees and 305 Rwandan asylum seekers in Burundi. Of 
the Congolese, more than 16,000 were sheltered in three UNHCR-run 
refugee camps: Gihinga in Mwaro Province, Gasorwe in Muyinga, and Gihar 
in Rutana. The remainder were integrated into urban centers.
    In 2006 the Government appointed a National Commission for Land and 
Other Goods to resolve land and property disputes resulting from the 
return of approximately 474,000 Burundian refugees since 2002, 
including some who had been in exile in Tanzania since 1972. In 
addressing the increasing number of land disputes, the country relied 
on a mixture of customary law and legislation, but few citizens were 
aware of their legal rights, and most remained too poor to afford legal 
representation. At year's end the commission had resolved a small 
number of land disputes in the southern provinces of Makamba and 
Bururi; however, the organization's success was limited by questions 
concerning its jurisdiction to resolve many local conflicts.
    During the year a number of killings and other crimes were 
attributed to land conflicts, primarily in the provinces of Ruyigi, 
Muyinga, and Bururi. For example, on August 23, a man launched a 
grenade during his half-brother's wedding ceremony in the province of 
Gitega due to an internecine land conflict, killing 10 persons and 
injuring 48. The assailant was arrested and was in prison at year's 
end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law and constitution provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through generally free and fair elections based on universal suffrage.

    Elections and Political Participation.--In 2005 through an indirect 
ballot, citizens chose their first democratically elected president in 
more than 12 years, marking the end of the four-year transition under 
the Arusha Peace and Reconciliation Agreement. The legislature elected 
sole candidate Pierre Nkurunziza of the CNDD-FDD, and he was sworn in 
as president in August 2005.
    President Nkurunziza's election followed communal and legislative 
elections earlier the same year, which independent electoral observers 
judged to be generally free and fair, although the campaign prior to 
the National Assembly elections was tense and significantly marred by 
violence and intimidation.
    In June the ruling CNDD-FDD party dismissed 22 dissident National 
Assembly parliamentarians who had aligned themselves with jailed former 
CNDD-FDD president Hussein Radjabu, creating a split in the party. In 
concert with the opposition parties, the 22 were able to stymie efforts 
by National Assembly leadership to carry out its legislative agenda. 
The 22 were classified as ``independents'' and dismissed in accordance 
with the constitution for failing to garner ``at least 2 percent of the 
popular vote.'' The Constitutional Court ruled the dismissals legal, 
but HRW and the International Interparliamentary Union questioned the 
decision.
    On March 8, tensions among political parties increased after 
grenades were thrown at four opposition politicians' homes. No one was 
killed in the attacks. The four were part of a group of 46 
parliamentarians who addressed a letter February 22 to the UN 
Secretary-General accusing the ruling party of ``persecution, arbitrary 
arrests, extrajudicial executions, and assassination'' of its 
opponents. By year's end no one had been charged in the attacks.
    The constitution reserves 30 percent of National Assembly, Senate, 
and ministerial positions for women. There were 37 women in the 118-
seat National Assembly and 17 women in the 49-seat Senate; women held 
eight of 24 ministerial seats.
    The law imposes ethnic quotas, requiring that 60 percent of the 
seats in the National Assembly be filled by Hutus, the majority ethnic 
group in the country, and 40 percent by Tutsis, who constitute an 
estimated 15 percent of the citizenry. The Batwa ethnic group, which 
makes up less than 1 percent of the population, is entitled to three 
seats in the Senate. Additionally, military positions were divided 
equally between Hutus and Tutsis. The Government fulfilled this 
mandate.

    Government Corruption and Transparency.--The law provides criminal 
penalties for corruption; however, the Government did not implement 
these laws effectively. Widespread corruption in the public and private 
sectors and a culture of impunity remained problems. Several respected 
private sector representatives and trade association officials reported 
that corruption remained a major impediment to commercial and economic 
development. The World Bank's 2008 Worldwide Governance Indicators 
reflected that corruption was a severe problem. In July local NGO 
Observatory for the Struggle against Economic Corruption and 
Embezzlement (OLUCOME) estimated the state had lost 233 billion 
Burundian francs (approximately $200 million) to corruption and 
embezzlement since 2000.
    Several civil society and media groups, including OLUCOME, 
expressed concern over a mid-year budget review indicating a 
presidential request for a 2.4 billion Burundian franc (approximately 
$2 million) ``development fund.'' They speculated that the funds would 
be used in support of the president's reelection campaign.
    A parliamentary commission established to investigate 
irregularities in the 2006 sale of the Government-owned presidential 
jet reported in August on its findings. The report has not been 
released but reportedly cited several former high-level leaders in the 
ruling party and the president's office as complicit in the sale.
    Former central bank governor Issac Bizimana has been in jail since 
August 2007 for illegal transfer of government funds to a private 
company, Interpetrol, but had not been formally charged by year's end. 
On October 16, the prosecutor stated that the case had not advanced 
because authorities could not locate codefendant and former minister of 
finance Denise Sinankwa. After Interpetrol was excluded for several 
months from doing business in the country, in late September its 
president was included in President Nkurunziza's delegation seeking 
business opportunities in Sweden.
    The law requires financial disclosure by government officials, but 
it was not implemented in practice.
    The minister of good governance, an Anti-Corruption Brigade, and 
the state inspector general are all responsible for combating 
government corruption. The brigade has the authority to act on its own 
initiative to identify offenders and refer them to the Anti-Corruption 
Court. During the year the brigade investigated 66 cases and recovered 
113 million Burundian francs (approximately $940,000).
    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 broadcast or publish information in certain cases relating 
to national defense, state security, or secret judicial inquiries. 
Human rights observers criticized the law for its poorly defined 
restrictions on the right to access and disseminate information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A large number of local and international human rights groups 
generally operated without government restrictions. Unlike in previous 
years, human rights observers generally were allowed to visit 
government facilities such as military bases and prisons run by the 
SNR. Government officials were somewhat cooperative and responsive to 
their views. Prominent local human rights group Ligue Iteka continued 
to operate and publish a newsletter documenting human rights abuses by 
security forces. While well-established groups with international 
linkages and a presence in Bujumbura had a measure of protection from 
government harassment, indigenous NGOs were more susceptible to 
pressure from authorities. In August a ruling party spokesman accused 
many NGOs of being proxies for different political parties.
    While security forces did not arrest any human rights workers, 
several members of Ligue Iteka were forced to testify in a case brought 
against African Public Radio by a high-ranking member of the 
president's office. Ligue Iteka claimed that the prosecutor intended to 
intimidate the organization's workers and prevent them from documenting 
and publicizing government human rights abuses.
    Although several international NGOs expressed frustration at the 
formidable bureaucratic hurdles they often faced when registering with 
government offices, governmental attitudes towards international human 
rights and humanitarian NGOs remained generally favorable.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives and other 
organizations such as the ICRC.
    In August the UN Independent Expert on Human Rights visited and 
issued a critical report on the state of human rights. The expert 
mission was expected to continue until a National Human Rights 
Commission had been established. There was no human rights ombudsman.
    In August the Government of Rwanda accused 670 Burundi nationals of 
having been participants in Rwanda's 1994 genocide; however, by year's 
end the International Criminal Tribunal for Rwanda had not summoned any 
Burundians to the International Court.
    Despite the adoption of several preliminary steps by the Government 
and the UN, a national Truth and Reconciliation Commission (TRC) 
designed to bring to justice persons responsible for genocide, crimes 
against humanity, and war crimes committed in the country since it 
gained its independence in 1962 had not been established. Instead, in 
October the Government and the UN began ``Popular Consultations on 
Transitional Justice'' to gauge the population's desire for a TRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides equal status and protection for all 
citizens, without distinction based on sex, origin, ethnicity, 
disability, language, or social status; however, the Government failed 
to implement these provisions effectively, and discrimination and 
societal abuses continued.

    Women.--The law prohibits rape, which is punishable by up to 20 
years' imprisonment, but does not specifically prohibit spousal rape. 
According to a local NGO, the Association for the Defense of Women's 
Rights, 3,017 cases of rape and domestic violence were reported to 
their group during the year. The NGO Doctors without Borders (MSF) 
received an average of 115 victims each month at its center for rape 
victims in Bujumbura; however, the MSF said the number of rapes was 
likely much higher. In 2007 the MSF reported 1,435 cases of sexual 
violence against children less than five years of age. According to 
BINUB approximately 65 percent of reported rapes were of children ages 
17 years and under. The UN Development Fund for Women reported that 
many rapes of minors were committed with the belief that they would 
prevent or cure sexually transmitted diseases, including HIV/AIDS. 
Centre Seruka, a local NGO financed in part by the MSF, reported that 3 
percent of rape victims were male.
    Many women were reluctant to report rape for cultural reasons, fear 
of reprisals, and unavailability of medical care. According to a 2007 
report by Amnesty International, only 10 to 15 percent of reported rape 
victims actually initiated legal proceedings. Men often abandoned their 
wives following acts of rape, and women and girls were ostracized. Some 
police and magistrates reportedly ridiculed and humiliated women who 
said they were raped and required that victims provide food for and pay 
the costs of incarceration of those they accused of rape. Many of those 
who sought judicial redress faced the weaknesses of the judicial 
system, including judges who did not regard rape as a serious crime and 
a lack of medical facilities to gather medical evidence. According to 
the report, sometimes victims were forced to withdraw their complaints 
and enter into negotiated settlements with the perpetrator or his 
family outside of the formal judicial system. There were cases where 
the victims were forced by their families and local arbiters to marry 
their attackers. In the limited number of cases that were investigated, 
successful prosecutions of rapists were rare.
    Despite increased attention to the problem, many women did not have 
access to appropriate health care in the immediate aftermath of a rape 
due to lack of adequate resources. The continuing stigma attached to 
the victims of sexual violence and fear of coming forward prevented 
many victims from accessing these limited services. Civil society and 
religious communities worked to overcome the cultural stigma of rape to 
help victims reintegrate into families that had rejected them. Ligue 
Iteka, APRODH, and BINUB continued to encourage rape victims to press 
charges and seek medical care, and international NGOs provided free 
medical care in certain areas. The Government also raised awareness of 
the problem through seminars and local initiatives describing the kinds 
of medical care available. Some local NGOs advocated that cases of rape 
be subject to community sanctions based upon the traditional justice 
system of ``ubashingantahe.'' In addition to resolving problems such as 
land disputes and resettlement of refugees and displaced persons, the 
``ubashingantahe'' actively promoted respect for human rights and the 
common good.
    The law does not specifically prohibit domestic violence; however, 
persons accused of domestic violence can be tried under assault 
provisions. Domestic violence against women was common, although no 
credible statistics were available. Police occasionally arrested 
persons accused of domestic violence but released suspects within a few 
days, with no further investigation. Wives have the right to charge 
their husbands with physical abuse but rarely did so, although police 
intervened on occasion and upon request.
    The media reported many instances of degrading and violent 
treatment of women by their husbands. These incidents included severe 
beatings, mutilation, and being thrown into latrines. For example, on 
October 12, a man in Cankuzo Province burned his wife's genitals and 
stabbed her in the head with a spear, allegedly for producing only 
female offspring. He was detained by the police. Although he had been 
scheduled for a number of court appearances, at year's end the 
assailant had not been charged.
    The law prohibits prostitution and organized prostitution does not 
exist to any significant degree.
    The law does not specifically prohibit sexual harassment, but 
violators can be prosecuted for similar offenses under public morality 
laws. There were no known prosecutions during the year.
    Despite constitutional protections, women continued to face legal, 
economic, and societal discrimination and were often victims of 
discriminatory practices with regard to credit and marital property 
laws. By law women must receive the same pay as men for the same work, 
but in practice they did not. Some enterprises suspended the salaries 
of women while they were on paid maternity leave, and others refused 
medical coverage to married female employees. Women were less likely to 
hold mid-level or high-level positions in the workforce. There were 
many female-owned businesses, particularly in Bujumbura.
    Several local groups worked to support women's rights, including 
the Collective of Women's Organizations and NGOs of Burundi, and Women 
United for Development.

    Children.--The law provides for children's health and welfare, but 
the Government did not meet most of the needs of children, particularly 
the large population of children orphaned by violence since 1993 and by 
HIV/AIDS.
    The failure of the Government to record all births resulted in 
denial of some public services for unregistered children, as the 
Government requires a birth certificate for access to free public 
schooling and free medical care for children under five. Unmarried 
women and victims of rape traditionally have been less likely to 
register the birth of a child.
    Schooling was compulsory up to age 12, and primary school was the 
highest level of education attained by most children. Female illiteracy 
remained a particular problem.
    According to the latest statistics from UNICEF, 20,000 children 
under the age of 15 were living with HIV/AIDS and more than 120,000 
children were orphaned by AIDS.
    Rape of minors was a widespread problem, but other child abuse was 
not reported to be widespread.
    The Government claimed it no longer recruited anyone under 18 years 
of age into the military. However, the FNL continued to recruit 
children into their ranks (See Section 1.g.).
    The increasing prevalence of HIV/AIDS increased the number of 
orphans. The total number of children orphaned from all causes was 
almost 900,000, according to UNICEF.
    According to the Ministry for National Solidarity, Human Rights, 
and Gender, there were approximately 5,000 street children in the 
country, many of them HIV/AIDS orphans; however, the Government was 
unable to provide them with adequate medical and economic support and 
relied on NGOs to provide such basic services.
    Child prostitution existed but was not considered to be widespread.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, traffickers can be prosecuted under 
existing laws outlawing assault, kidnapping, rape, prostitution, 
slavery, and fraud, but this was not widely understood among police.
    The country was a source country for internal trafficking of 
children for the purposes of soldiering and forced labor. While the FDN 
claimed it no longer recruited or used child soldiers and punished 
soldiers who used children to perform menial tasks, the trafficking of 
child soldiers by the FNL remained a problem (See Section 1.g.).
    There were no arrests of alleged traffickers. The Ministry of 
National Solidarity and Human Rights, in cooperation with the 
Ministries of Justice and Interior, is the lead agency on trafficking. 
During the year the Ministry of Justice sent a team of lawyers to 
Lebanon to investigate the whereabouts of approximately 60 young girls 
who were previously trafficked to the Middle East. As a result, in 
Lebanon a small number of Lebanese citizens were punished for their 
involvement in the illegal labor scheme; however, a large-scale 
prosecution of suspected traffickers was not pursued by the Lebanese 
authorities.
    The Ministry of National Solidarity and Human Rights, in 
conjunction with the Government's Executive Secretariat for 
Disarmament, Demobilization, and Reintegration, sponsored weekly radio 
spots to educate citizens about the perils of trafficking.
    In 2005 the Government created a department within the National 
Police, the Brigade for the Protection of Minors, to protect children 
against sexual exploitation. The brigade sought to protect children 
against forced prostitution and helped some improve their living 
conditions. The brigade has conducted 10 successful prosecutions of 
individuals found to be abusing women and children through forced 
prostitution since its inception.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution prohibits 
discrimination against those with physical or mental disabilities, and 
there were no reports that the Government failed to enforce this 
provision regarding employment, education, or access to healthcare. 
However, the Government had not enacted legislation or otherwise 
mandated access to buildings or government services, such as education, 
for persons with disabilities, in part due to a lack of resources.

    National/Racial/Ethnic Minorities.--Discrimination against Hutus, 
who constituted an estimated 85 percent of the population, occurred 
less frequently during the year. The constitution requires ethnic 
quotas for representation within the Government and in the military. 
Hutus significantly increased their presence and power in the 
Government following the 2005 elections. During the year significant 
improvements were made in integration of primarily Hutu former 
combatants into the security forces.
    The minority Tutsis, particularly southern Tutsis from Bururi 
Province, historically have held power and continued to dominate the 
economy.

    Indigenous People.--The Batwa, believed to be the country's 
earliest inhabitants, represent less than 1 percent of the population 
and generally remained economically, socially, and politically 
marginalized. However, the Government has instituted several measures 
to address the Batwa's traditional isolation. Each of the country's 117 
administrative districts must provide free school books and health care 
for all Batwa children. The Government also provides small acreages, 
when possible, for Batwa who wish to become farmers and allocates them 
approximately two acres of land per family, the average sized farmstead 
of the country's rural poor.

    Other Societal Abuses and Discrimination.--The constitution 
specifically outlaws discrimination against those with HIV/AIDS or 
other incurable illnesses. There were no reports of government-
sponsored discrimination against such individuals, although some 
observers suggested the Government was not actively involved in 
preventing societal discrimination.
    The constitution bans marriage between individuals of the same sex. 
Homosexuality is socially taboo, but overt discrimination against 
homosexuals was minimal. The Government took no steps to counter 
discrimination against homosexuals.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and the labor code 
protect the right of workers to form and join unions without previous 
authorization or excessive requirements, and although most workers 
exercised this right in practice, the armed forces and foreigners 
working in the public sector were prohibited from union participation. 
The law does not cover the rights of state employees and magistrates. 
The law prevents workers under the age of 18 from joining unions 
without the consent of their parents or guardians. According to the 
Confederation of Burundian Labor Unions (COSYBU), many private sector 
employers systematically worked to prevent the creation of trade 
unions, and the Government failed to protect private sector workers' 
rights in practice. The relationship between the COSYBU and the 
Government deteriorated during the year, and Ligue Iteka reported 
widespread discriminatory hiring practices for government jobs, based 
on applicants' political affiliations, despite a law prohibiting such 
practices.
    According to the COSYBU, less than 10 percent of the formal private 
sector workforce was unionized, and an estimated 50 percent of the 
public sector was unionized. Most citizens worked in the unregulated 
informal economy, in which workers had little or no legal protection of 
their labor rights. A survey conducted by the Statistical and Economic 
Studies Institute showed that only 5 percent of informal sector workers 
had written employment contracts.
    The law provides workers with a conditional right to strike but 
bans solidarity strikes and sets strict conditions under which a 
general strike may occur. All peaceful means of resolution must be 
exhausted prior to the strike; negotiations must continue during the 
action, mediated by a mutually agreed-upon party or by the Government; 
and six days' notice must be given to the employer and the Ministry of 
Labor. Before a strike can occur, the ministry must determine whether 
strike conditions have been met, which essentially gives it the power 
to veto all strikes, according to the International Trade Union 
Confederation (ITUC).
    The labor code prohibits retribution against workers participating 
in a legal strike. Four committee members of the state-owned Moso Sugar 
Company's labor union were dismissed for organizing a peaceful strike 
in April.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, but the 
Government frequently interfered with unions and intimidated or 
harassed their leaders. The law also recognizes the right to collective 
bargaining, and it was freely practiced; however, wages are excluded 
from the scope of collective bargaining in the public sector and were 
set according to fixed scales, following consultation with unions.
    Since most salaried workers were civil servants, government 
entities were involved in almost every phase of labor negotiations. 
Both the COSYBU and the Confederation of Free Unions represented labor 
interests in collective bargaining negotiations, in cooperation with 
individual labor unions. Civil servant unions must be registered with 
the Ministry of Civil Service. There were no reliable statistics on the 
percentage of workers covered by collective agreements.
    The law prohibits antiunion discrimination; however, the Government 
often failed to respect this right in the public sector. During the 
year there were numerous instances of the Government intimidating, 
imprisoning, or illegally transferring union workers. For example, the 
leader of the state penitentiary workers' union was transferred in 
April to another work site for criticizing sharp increases in 
management salaries.
    According to the ITUC, the Government often failed to protect 
workers in the private sector from discrimination by employers.
    On September 15, the vice president of the Justice Ministry's 
Administrative Workers Union, Juvenal Rududura, was arrested or 
allegedly ``lying'' during a television interview in which he 
criticized government policies. At year's end he remained in detention 
without any trial.
    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 
continued to be reports that it occurred.
    There were many reports that FNL rebels forced rural populations to 
perform uncompensated labor, such as transporting supplies and weapons, 
and recruited children for labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code states that children under the age of 18 cannot be employed 
by an enterprise, except for the types of labor the Ministry of Labor 
determines to be acceptable, which include light work or 
apprenticeships that do not damage children's health, interfere with 
their normal development, or prejudice their schooling. However, the 
Government did not effectively enforce these laws, and child labor 
remained a problem. The legal age for most types of non-dangerous labor 
is 18. Children under age 16 in rural areas regularly performed heavy 
manual labor in the daytime during the school year. According to the 
ITUC, 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 other informal sector activity. Child labor 
also existed in brick-making enterprises.
    There continued to be reports of children in rural areas working on 
family farms or performing household domestic labor. As in previous 
years, there was no indication that children were trafficked for sex or 
labor on an organized commercial basis.
    The Ministry of Labor enforced child labor laws and had multiple 
enforcement tools, including criminal penalties, civil fines, and court 
orders. However, in practice the laws were seldom enforced. Due to a 
lack of inspectors, the ministry enforced the law only when a complaint 
was filed. The Government acknowledged no cases of child labor in the 
formal sector of the economy but had conducted no child labor 
investigations. In conjunction with UNICEF and NGOs, the Government 
provided training for Ministry of Labor officials in enforcing child 
labor laws.
    During the year the Government supported international 
organizations, several NGOs, and labor unions engaged in efforts to 
combat child labor; efforts included care and training of demobilized 
child soldiers.

    e. Acceptable Conditions of Work.--The legal minimum wage for 
unskilled workers continued to be 160 Burundian francs (approximately 
$0.15) per day. However, in practice most employers paid their 
unskilled laborers a minimum of approximately 1,500 Burundian francs 
($1.30) a day. Such an income did not provide a decent standard of 
living for a worker and family. Most families relied on second incomes 
and subsistence agriculture to supplement their earnings. The 
Department of Inspection within the Ministry of Labor is charged with 
enforcing minimum wage laws, but there were no reports of enforcement 
in recent years. The legal minimum wage had not been revised in many 
years, and there were no known examples of employer violations. These 
regulations apply to the entire workforce and make no distinction 
between domestic and foreign workers.
    The labor code stipulates an eight-hour workday and a 40-hour 
workweek, except for workers involved in national security activities; 
however, this stipulation was not always enforced in practice. 
Supplements must be paid for overtime. There is no statute concerning 
compulsory overtime, opportunities for which generally do not exist. 
Rest periods include 30 minutes for lunch. There are no exceptions for 
foreign or migrant workers.
    The labor code establishes health and safety standards that require 
safe workplaces. Enforcement responsibility rests with the Ministry of 
Labor, which was responsible for acting upon complaints; however, there 
were no reports of complaints filed with the ministry during the year. 
Workers did not have the right to remove themselves from situations 
that endangered health and safety without jeopardizing their 
employment.
    Small numbers of persons from the neighboring countries of the 
Democratic Republic of Congo, Tanzania, and Rwanda worked in the 
country but did not constitute a significant presence.

                               __________

                                CAMEROON

    Cameroon, with a population of approximately 18 million, is a 
republic dominated by a strong presidency. The country has a multiparty 
system of government, but the Cameroon People's Democratic Movement 
(CPDM) has remained in power since it was created in 1985. The 
president retains the power to control legislation or to rule by 
decree. In 2004 CPDM leader Paul Biya won reelection as president, a 
position he has held since 1982. The election was flawed by 
irregularities, particularly in the voter registration process, but 
observers concluded that the election results represented the will of 
the voters. The July 2007 legislative and municipal elections had 
significant deficiencies in the electoral process, including barriers 
to registration and inadequate safeguards against fraudulent voting, 
according to international and domestic observers. Although civilian 
authorities generally maintained effective control of the security 
forces, security forces sometimes acted independently of government 
authority.
    The Government's human rights record remained poor, and it 
continued to commit human rights abuses, particularly following 
widespread February riots to protest increased food and fuel costs. 
Security forces committed numerous unlawful killings. Security forces 
also engaged in torture, beatings, and other abuses, particularly of 
detainees and prisoners. Prison conditions were harsh and life 
threatening. Authorities arrested and detained anglophone citizens 
advocating secession, local human rights monitors and activists, 
persons not carrying government-issued identity cards, and other 
citizens. There were incidents of prolonged and sometimes incommunicado 
pretrial detention and infringement on citizens' privacy rights. The 
Government restricted citizens' freedoms of speech, press, assembly, 
and association, and harassed journalists. The Government also impeded 
citizens' freedom of movement. Other problems included widespread 
official corruption; societal violence and discrimination against 
women; female genital mutilation (FGM); trafficking in persons, 
primarily children; and discrimination against pygmies, ethnic 
minorities, indigenous people, and homosexuals. The Government 
restricted worker rights and the activities of independent labor 
organizations. Child labor, hereditary servitude, and forced labor, 
including forced child labor, were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed politically 
motivated killings; however, throughout the year security forces 
continued to commit unlawful killings. There were more of such reports 
than in the previous year and the Government rarely prosecuted officers 
responsible for using excessive force. The rise of unlawful killings by 
security forces was mainly attributable to the armed forces' reaction 
to the violent unrest that gripped Douala and dozens of other cities, 
sparked by a combination of political and economic frustrations. The 
Government reported at least three unlawful security force killings 
during the year.
    During the February riots, which spread to 31 localities including 
Yaounde and Douala, and the subsequent government crackdown, security 
forces shot and killed demonstrators and rioters. While the Government 
reported 40 persons killed, nongovernmental organizations (NGOs) such 
as La Maison des Droits de l'Homme, stated that security forces killed 
over 100 persons (See Section 2.b.).
    There were no new developments in the following 2007 security force 
killings: the January police shooting of Michele Therese Sename Bella; 
the suicide of police officer William Etenga, who killed a taxi driver; 
the police shooting of two taxi drivers in Bamenda; and the shooting of 
three M'bororo men in Garoua by gendarmes.
    There were reports of prisoners dying in custody due to security 
force abuse during the year.
    There were new developments in the 2006 killing of Gregoire 
Diboule, allegedly by Ni John Fru Ndi, chairman of the Social 
Democratic Front (SDF), and 21 other SDF officials who belonged to a 
competing party faction. On November 5, the Mfoundi (Yaounde) High 
Court released 21 detainees due to their illegal pretrial detention. 
The court also ruled that the incarceration and arraignment of Mbah 
Justice Mbah, one of the co-accused, was illegal and acquitted him. 
However, the court did not dismiss the case and first hearings, which 
began on December 3, were subsequently delayed until February 26, 2009.
    During the year societal violence and summary justice against 
persons suspected of theft continued to result in deaths. For example, 
the press reported 13 deaths during the year from mob violence or 
summary justice while in 2007 the press reported three deaths from such 
beatings and burning by security forces. In 2006 the press reported 43 
reported deaths.
    In late January an angry crowd in Tatum, a small locality in Bui 
Division in the North West Region, burned to death three bandits who 
had escaped from custody and tried to commit armed robbery; attempts by 
gendarmes to rescue the three thieves failed. No action had been taken 
against the perpetrators by year's end.
    During the year mob violence was attributed in part to public 
frustration over police ineffectiveness and the release without charge 
of many individuals arrested for serious crimes.
    There were no new developments in the January 2007 mob violence and 
summary justice-related case of Walters Akwafe.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were credible reports that security forces tortured, beat, and 
otherwise abused prisoners and detainees, including demonstrators and a 
human rights worker arrested during the February riots. The Government 
rarely investigated or punished any of the officials involved.
    In a March 5 interview with La Nouvelle Expression newspaper, 
barrister Joseph Lavoisier Tsapy, a lawyer in West Region and a member 
of the Liberty and Human Rights League, described the treatment that 
security forces inflicted on individuals arrested during the February 
riots. Security forces repeatedly stripped, beat, and dumped detainees 
into ashes from burned tires and broken glass, resulting in numerous 
injuries (See Section 2.b.). At year's end the Liberty and Human Rights 
League and other human rights organizations, in association with the 
parents and families of the victims, were still compiling information 
for a formal complaint.
    There were reports that security forces detained persons at 
specific sites where they tortured and beat detainees. Security forces 
also reportedly subjected women, children, and elderly persons to 
abuse. For example, on March 4, during his trial in Douala, Bernard 
Songo, a student from the University of Douala arrested during the 
February riots, reported that police officers severely beat him and two 
co-detainees in the judicial police precinct cells. Journalists 
covering the trial reported that evidence of the beatings was visible 
on the victims' bodies.
    Numerous international human rights organizations and some prison 
personnel reported that torture was widespread, but most reports did 
not identify the victims for fear of government retaliation or because 
of ignorance of, or lack of confidence in, the judicial system.
    In Douala's New Bell Prison and other nonmaximum security penal 
detention centers, prison guards inflicted beatings, and prisoners were 
reportedly chained or at times flogged in their cells. Authorities also 
administered beatings in temporary holding cells within police or 
gendarme facilities.
    Security forces reportedly subjected prisoners and detainees to 
degrading treatment, including stripping them, confining them in 
severely overcrowded cells, denying them access to toilets or other 
sanitation facilities, and beating them to extract confessions or 
information about alleged criminals. Pretrial detainees reported that 
prison guards sometimes required them, under threat of abuse, to pay 
``cell fees,'' a bribe paid to prison guards to prevent further abuse.
    On February 26, during a visit to the Yaounde Kondengui Central 
Prison, Divine Chemuta Banda, chairman of the National Commission on 
Human Rights and Freedoms (NCHRF), learned that many of the SDF 
militants incarcerated in 2006 in connection with the death of Gregoire 
Diboule had been treated inhumanely and denied medical care.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening. Prisons were seriously overcrowded and 
unsanitary. The Government did not provide funds to improve serious 
deficiencies in food, health care, and sanitation, which were common in 
all prisons. However, following significant press coverage of prison 
conditions and subsequent riots and escape attempts, the Government 
financed the construction of new prisons across the country including 
one in Yaounde and one in Moulvoudaye, Far North Region, both of which 
were operational by year's end.
    Prisoners were kept in dilapidated, colonial-era prisons, where the 
number of inmates was as much as four to five times the intended 
capacity. Overcrowding was exacerbated by the large number of long 
pretrial detentions. Government officials accused of corruption were 
held in separate quarters and received special treatment. Some NGOs 
released a report claiming that cells meant for 30 or 40 persons held 
more than 100 detainees.
    Health and medical care were almost nonexistent in prisons and 
detention cells located in gendarmeries and police stations. There were 
reports that prisoners died due to a lack of medical care.
    Prisoners also died as a result of inmate abuse. For example, on 
January 13, prisoners in the New Bell Prison tried to lynch Ahmend 
Aliou, who subsequently died in his cell because prison wardens did not 
provide medical assistance. No action had been taken against prison 
officials by year's end. On January 14, following the lynching of a 
prisoner, the superintendent of the Douala New Bell Prison told the 
press that overcrowding, a lack of segregation within the prison 
populations, and inhuman detention conditions were the major reasons 
behind the frequent prison violence. Local NGOs added abysmal food, 
rampant corruption, and sexual abuse as contributing factors. In early 
August the Action of Christians for the Abolition of Torture (ACAT), an 
NGO that regularly visits prisoners, characterized New Bell Prison as 
``hell on earth.''
    Prisoners' families were expected to provide food for their 
relatives in prison. New Bell Prison contained seven water taps for 
approximately 3,500 prisoners, contributing to poor hygiene, illness, 
and death.
    Individuals incarcerated in the Douala New Bell prison for 
homosexual acts suffered discrimination and violence from other 
inmates.
    Corruption among prison personnel was widespread. Prisoners bribed 
wardens for special favors or treatment, including temporary freedom.
    There were two separate prisons for women. There were also a few 
pretrial detention centers for women; however, women routinely were 
held in police and gendarmerie complexes with men, occasionally in the 
same cells. Mothers sometimes chose to be incarcerated with their 
children while their children were very young or if they had no other 
child care option. The Secretary of State in charge of penitentiary 
administration acknowledged this was a serious problem and on September 
24, stated at a training on detainee rights that, ``Cameroonian prisons 
should no longer be perceived or managed as places of repression, 
torture, or various other abuses.''
    Juvenile prisoners were often 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.
    Authorities held adult men, juveniles, and women together in 
temporary detention centers where detainees usually received no food, 
water, or medical care. Overcrowding was common. Detention center 
guards accepted bribes from detainees in return for access to better 
conditions, including permission to stay in an office instead of a 
cell. Detainees whose families were informed of their incarceration 
relied on their relatives for food and medical care.
    In the North and Extreme North regions, the Government continued to 
permit traditional chiefs, or Lamibe, to detain persons outside the 
Government penitentiary system, in effect creating private prisons. 
Many citizens turned to the Lamibe for dispute resolution. Within the 
palaces of the traditional chiefdoms of Rey Bouba, Gashiga, Bibemi, and 
Tcheboa, there were private prisons that had reputations for serious 
abuse.
    In 2007 there was a report that a Lamido used law enforcement 
officials to extort money and confiscate cattle from citizens. 
Authorities held these citizens without access to an attorney for days 
or weeks, and then sent them to trial in Garoua, where the charges 
would routinely be dismissed.
    The Government permitted 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.
    On September 23, the directors of the prisons in Douala and Yaounde 
released new figures indicating that the Douala New Bell Prison, 
originally built for approximately 800 inmates, now held 4,000 
detainees. The Yaounde Kondengui Prison, originally built for 
approximately 700 inmates, held 3,500 prisoners. In October 
penitentiary authorities in Bamenda publicly stated that 700 detainees 
occupied the prison initially intended to hold less than 50 prisoners.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, security forces 
continued to arrest and detain citizens arbitrarily.

    Role of the Police and Security Apparatus.--The national police, 
the National Intelligence Service (DGRE), the Ministry of Defense, the 
Ministry of Territorial Administration, and, to a lesser extent, the 
Presidential Guard are responsible for internal security. The Ministry 
of Defense, which includes the gendarmerie, the army, the army's 
military security unit, and the DGRE, are under an office of the 
presidency, resulting in strong presidential control of security 
forces. The national police include the public security force, judicial 
police, territorial security forces, and frontier police. The national 
police and the gendarmerie have primary responsibility for law 
enforcement. In rural areas, where there is little or no police 
presence, the primary law enforcement body is the gendarmerie.
    Police were ineffective, poorly trained, underpaid, and corrupt. 
Impunity was a problem.
    Individuals reportedly paid bribes to police and the judiciary to 
secure their freedom. Police demanded bribes at checkpoints, and 
influential citizens reportedly paid police to make arrests or abuse 
individuals involved in personal disputes.
    Citizens viewed police as ineffective, which frequently resulted in 
mob justice (See Section 1.a.).
    In August the president signed decrees creating police stations and 
appointing police personnel in the Bakassi area, a region returned from 
Nigeria in August. In 2007 Mebe Ngo'o, the general delegate for 
National Security, created new mobile police units and precincts in 
Yaounde and Douala to improve professionalism and increase police 
visibility. During the year investigations resulted in sanctions 
against more than 50 police officers including corruption, 
falsification of official documents, abuse of authority, use of 
excessive force, extortion of money, arbitrary arrest, blackmailing, 
and aggravated theft.
    On February 13, Mebe Ngo'o suspended Police Commissioner Francois 
Xavier Minyem, the officer in charge of inspecting units at the 
Littoral Provincial Delegation, for three months without pay for 
corruption.
    On April 22, Mebe Ngo'o suspended Senior Police Commissioner Simon 
Menzouo of the East Region Judiciary Police, for corruption and the 
embezzlement of property seized as evidence.
    On May 15, he also sanctioned Francis Melone Mbe, the director of 
border police, for corruption in connection with the issuance of 
passports.
    In late August dozens of police officers completed a three-month 
training seminar that included citizens' rights, human rights, and 
individual freedoms.

    Arrest and Detention.--The law requires police to obtain an arrest 
warrant except when a person is caught in the act of committing a 
crime; however, police often did not respect this right in practice. 
The law provides that detainees must be brought promptly before a 
magistrate; however, this frequently did not occur. 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; 
however, police occasionally exceeded these detention periods. The law 
permits detention without charge by administrative authorities such as 
governors and senior divisional officers for renewable periods of 15 
days. The law also provides for access to counsel and family members; 
however, detainees were frequently denied access to both legal counsel 
and family members. The law permits bail, allows citizens the right to 
appeal, and provides the right to sue for unlawful arrest, but these 
rights were seldom exercised.
    Unlike in previous years, there were no reports that police and 
gendarmes arrested persons on spurious charges on Fridays at mid-day or 
in the afternoon. While the law provides for judicial review of an 
arrest within 24 hours, the courts did not convene on weekends, so 
individuals arrested on a Friday typically remained in detention until 
Monday at the earliest. Police and gendarmes made such ``Friday 
arrests'' after accepting bribes from persons who had private 
grievances. There were no known cases of policemen or gendarmes being 
sanctioned or punished for this practice. Security forces and 
government authorities reportedly continued to arbitrarily arrest and 
detain persons, often holding them for prolonged periods without 
charges or trial and, at times, incommunicado. However, there were 
fewer such cases reported than in 2006.
    During the February riots security forces arrested 1,671 persons 
around the country according to March figures released by the Ministry 
of Justice (See Section 2.b.). NGOs claimed the number was higher and 
reported that security forces arrested scores of onlookers not directly 
involved in demonstrations or rioting.
    For example, on February 25, Yaounde gendarmes arrested Andre 
Blaise Essama, a computer specialist. In a June 18 interview with Le 
Messager newspaper, Essama explained that after leaving a business 
meeting, his route took him close to a demonstration. He pulled out his 
camera and started taking pictures. Emmanuel Anyon, a plainclothes 
gendarme officer, stopped Essama and took him to the gendarmerie 
headquarters where he was interrogated and subsequently incarcerated on 
charges of disturbing public order and looting. On March 20, the court 
released Essama due to the erroneous charges. Essama filed a complaint 
against the two gendarme officers, but no action had been taken by 
year's end.
    On March 1, gendarmes of the Secretariat of State for Defense used 
excessive force to arrest singer Joe Kameni, alias Joe La Conscience, 
and his friend Leon Tengue, in front of a foreign embassy in Yaounde. 
The two men had been on a hunger strike to protest the Government's 
closing of Radio Equinoxe and Equinoxe TV in Douala (See Section 2.a.). 
On March 19, the Yaounde Court of First Instance sentenced Kameni and 
Tengue to six months in jail for illegal assembly and demonstration. On 
May 20, the president granted both men amnesty as part of a larger 
amnesty benefitting those convicted in the wake of the February unrest.
    Other high-profile arrests during the year included Mboua Massok, a 
political activist arrested in Douala in January disturbing public 
order, and Lapiro de Mbanga, a popular singer arrested in Loum, 
Littoral Region in April for fomenting riots and looting. The police 
released Massok several hours after his arrest. On September 24, the 
Mungo Court sentenced Lapiro (an alias for Pierre Roger Lambo Sandjo) 
to three years' imprisonment a 277,000 CFA ($554,000) fine for his role 
in fomenting disorder and destruction of private and state property. 
However, his appeal trial was postponed until January 2009.
    Police arbitrarily arrested persons without warrants during 
neighborhood sweeps for criminal and stolen goods. Citizens are 
required to carry identification with them at all times and police 
frequently arrested persons without identification during sweeps.
    Prolonged pretrial detention was a serious problem. The criminal 
procedure code provides for a maximum of 18 months' detention before 
trial. However, according to government statistics released during the 
year, 70 percent of the 23,000 inmates held in the country were 
awaiting trial. In May the Cameroon Bar Association indicated that many 
of these inmates had been awaiting trial for five to 10 years. The high 
number of pretrial detainees was due in part to the complexity of 
cases, staff shortages, and corruption. The bar association linked 
longer detention periods to a shortage of lawyers and an inadequate 
tracking system that resulted in frequent loss of files.
    The law specifies that, after an investigation has concluded, 
juveniles should not be detained without trial for longer than three 
months. In practice the Government detained juveniles for longer 
periods of time. In December 2007 Foyer d'Esperance, an NGO based in 
Yaounde, reported that several juveniles were detained in the Yaounde 
Central Prison for between six months and one year.
    In recent years there have been reports that some prisoners were 
kept in prison after completing their sentences or having been released 
under a court ruling.

    Amnesty.--On May 20, President Biya granted amnesty to hundreds of 
persons convicted for their participation in the February riots as well 
as other detainees, including 74 demonstrators in Douala, 61 in 
Yaounde, and 36 in Bamenda. The presidential pardons did not release 
those detainees whose appeals were still pending at year's end.
    In May the superintendents of the Yaounde and Douala prisons stated 
that, despite their presidential amnesty, hundreds of prisoners would 
remain in jail until their court fees and damages were paid.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judiciary remained subject 
to executive influence, and corruption and inefficiency remained 
serious problems. The court system is subordinate to the Ministry of 
Justice. The constitution names the president as ``first magistrate,'' 
thus ``chief'' of the judiciary and the theoretical arbiter of any 
sanctions against the judiciary; however, the president has not filled 
this role. 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 Higher Judicial Council. However, the 
judiciary showed modest signs of growing independence. In September the 
Supreme Court nullified six municipal elections conducted in November 
2007, including some involving senior CPDM officials.
    The court system includes the Supreme Court, a court of appeals in 
each of the 10 regions, and courts of first instance in each of the 
country's 58 divisions.
    The legal system includes both national and customary law, and many 
criminal and civil cases can be tried using either one. Criminal cases 
are generally tried in statutory courts, and customary court 
convictions involving witchcraft are automatically transferred to the 
statutory courts, which act as the court of first instance. Customary 
law, used 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 rights regarding inheritance and employment, and 
some traditional legal systems treat wives as the legal property of 
their husbands.
    Customary courts served as a primary means for settling family-
related civil cases, such as in matters of succession, inheritance, and 
child custody. Customary courts may exercise jurisdiction in a civil 
case only with the consent of both parties. Either party has the right 
to have a case heard by a statutory court and to appeal an adverse 
decision by a customary court to the statutory courts.
    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 who used firearms.

    Trial Procedures.--The law provides for a fair public hearing in 
which the defendant is presumed innocent. There is no jury system. 
Defendants have the right to be present and to consult with an attorney 
in a timely manner. Defendants generally were allowed to question 
witnesses and to present witnesses and evidence on their own behalf. 
Defendants also had access to government-held evidence relevant to 
their cases. 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. Defendants could appeal their cases.
    Lawyers and human rights organizations observed several violations 
of the criminal procedure code in the Government's response to the 
February unrest. Some detainees in police or gendarmerie cells did not 
receive medical assistance or access to an attorney. Jean de Dieu Momo, 
a human rights lawyer, and ACAT representative Madeleine Afite 
publically denounced these violations. Afite stated that arrested 
minors received no assistance from their parents, attorneys, or human 
rights organizations, as is mandated by the code.
    Judges tried persons en masse, while the law provides for 
individual trials.
    For example, on March 3, the Douala-Ndokoti First Instance Court 
tried dozens of young men with no legal representation. No lawyer 
assisted any of the defendants. Informed of the situation by lawyers 
who were in the court house for other matters, Charles Tchoungang, 
chairman of the Cameroon Bar Association, demanded that the trials be 
suspended until the bar association could commit lawyers to assist 
them. The judge agreed to adjourn the trial, which resumed the 
following day with proper representation.
    On March 4, police detained 155 youth for allegedly participating 
in the February riots and brought them before the Douala Court of First 
Instance dirty and dressed only in their underwear. Their lawyers, 
including human rights lawyer Alice Nkom, stated that the defendants 
had endured beatings and humiliating treatment while in custody. In 
response to the lawyers' protests, the presiding magistrate ordered 
that the defendants be dressed before the trial could begin. These 
individuals benefitted from President Biya's May 20 amnesty.
    Corruption also marked some of the trials. According to several 
press reports, judicial authorities accepted illegal payments from 
detainees' families in exchange for a reduction in sentence or the 
outright release of their relatives, including juveniles. Political 
bias by judges (often instructed by the Government) frequently stopped 
trials or resulted in an extremely long process with extended court 
recesses. Many powerful political or business interests enjoyed virtual 
immunity from prosecution and some politically sensitive cases were 
settled through bribes.

    Political Prisoners and Detainees.--There were reports of political 
detainees, which included anglophone citizens advocating secession 
through an illegal organization.
    During the year the Government continued to detain two individuals 
widely considered by human rights NGOs to be political prisoners 
because of irregularities in their trials and restricted access to 
counsel. Titus Edzoa, former minister of health and long-time aide to 
President Biya, and Michel Thierry Atangana, Edzoa's 1997 campaign 
manager, were arrested in 1997, three months after Edzoa resigned from 
government and launched his candidacy for president. They were 
convicted on charges of embezzling public funds and sentenced to 15 
years in prison.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent civil judiciary; however, the judiciary 
remained subject to executive influence, and corruption and 
inefficiency remained serious problems.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, these rights were subject to the ``higher interests of the 
state,'' and there were credible reports that police and gendarmes 
harassed citizens, conducted searches without warrants, and opened or 
seized mail with impunity. The Government continued to keep some 
opposition activists and dissidents under surveillance. Police 
sometimes detained 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 a criminal suspected 
of committing a crime. A police officer may enter a private home at any 
time in pursuit of a criminal observed committing a crime.
    During the year police put the houses of Southern Cameroons 
National Council (SCNC) officials and activists under surveillance, 
searched the houses of some SCNC leaders, and disrupted SCNC meetings 
in private residences. The SCNC is an anglophone group the Government 
considers illegal because it advocates secession.
    A prominent human rights organization in Yaounde also reported that 
security forces ransacked its offices during the February unrest.
    An administrative authority may authorize police to conduct 
neighborhood sweeps without warrants. Such sweeps at times involved 
forced entry into homes in search of suspected criminals or stolen or 
illegal goods. Security forces sometimes sealed off a neighborhood, 
systematically searched homes, arrested persons, sometimes arbitrarily, 
and seized suspicious or illegal articles. In December security forces 
conducted sweeps in the Douala neighborhoods of Akwa and Douala III 
(Logbaba). During the operation, they seized stolen equipment including 
electrical and telephone wires stolen from public installations and 
arrested suspects.
    Citizens without ID cards were detained until their identity could 
be established and then released. Several complained that police 
arbitrarily seized electronic devices and cell phones. Some registered 
their complaints with the police. Following the December raids in 
Douala, several persons who were arrested or whose houses were searched 
publicly complained about the motives of the security forces.
    There continued to be accusations, particularly in the North and 
Far North regions, that traditional chiefs arbitrarily evicted persons 
from their land. In June in Bogo, Diamare Division, Far North Region, a 
villager filed a complaint to a local human rights NGO about the 
traditional ruler who seized his land. There was no further development 
by 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; however, the Government continued to restrict 
these rights in practice. The Government arbitrarily arrested and 
detained journalists. Senior members of the Government and the CPDM 
used their positions to harass journalists and encourage their arrest 
and detention. The Government enforced media regulations irregularly, 
often implementing arduous requirements selectively to regime critics. 
This often created an environment of self-censorship for journalists 
and media outlets. Government officials used expansive libel laws to 
persecute journalists who criticized them.
    On September 4, Michel Mombio, editor of the independent newspaper 
L'Ouest Republican was arrested in Bafoussam and charged with fraud, 
attempted blackmail, and libel after he wrote an article criticizing 
cabinet officials. Mombio was held incommunicado for two days and 
transferred without hearing to Yaounde, where he awaited trial at 
year's end. Police arrested at least three other journalists reporting 
on high level corruption during the year and detained them under 
similar circumstances.
    Individuals generally were able to criticize the Government 
publicly and privately without being subjected to government reprisal. 
However, there were numerous examples where government officials 
threatened, harassed, or denied equal treatment to individuals or 
organizations who criticized government policies or expressed views at 
odds with government policy.
    For example, human rights activist Madeleine Afite reported threats 
from officials and anonymous callers in response to her assessment that 
more fatalities occurred during the February riots and subsequent 
government crackdown than the Government acknowledged.
    In March the youth organization Conseil Patriotique et Populaire de 
la Jeunesse (CPPJ) received threatening calls from military officials 
after releasing a statement asking government to address the socio-
political issues underlying the February unrest. Security officials 
held incommunicado at least one CPPJ member who had signed the 
statement. The individual was subsequently released without charges.
    The Government published the daily newspaper the Cameroon Tribune. 
The newspaper 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, most appeared irregularly, primarily due to lack of 
funding. Only an estimated 25 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, homosexuality, and 
economic policies.
    The Government continued to disburse official funds to support 
private press outlets during the year. According to media reports, the 
Government awarded funding selectively to outlets that were less 
critical of the Government and with instructions to provide reporting 
favorable to the regime.
    The Government interfered with private broadcast, print, and radio 
media during the year.
    Journalists were more subject to arrest, harassment, and 
intimidation than in the previous year. For example, security forces in 
the wake of the February unrest, acting under the command of local 
provincial government officials, restricted press freedom by arresting, 
detaining, physically abusing, threatening, and otherwise harassing 
journalists.
    On February 12, gendarmes of Zoetele arrested Jean-Bosco Talla, the 
publisher of Le Front, a Yaounde biweekly newspaper, and his colleague 
Simon Djomo. Talla and Djomo were reporting on the unusual wealth of 
senior government officials from Zoetele when gendarmes bound and 
blindfolded them. Gendarmes secretly moved Talla and Djomo from Zoetele 
to Douala and back to Zoetele without charges or allowing them to 
contact a lawyer or family for approximately 24 hours. Gendarmes 
subsequently released them without charges.
    On March 3, security forces in Yaounde who were reportedly members 
of Military Security (SEMIL) arrested Jacques Blaise Mvie, the 
publisher of La Nouvelle Presse newspaper. The same day the newspaper 
published an article on an alleged coup attempt and cited Minister of 
Defense Remy Ze Meka. Following his release three days later, Mvie 
alleged that Ze Meka had ordered the arrest. On March 6, SEMIL arrested 
Mvie again and interrogated him for several hours. The director of 
SEMIL told reporters that the rearrest was a normal procedure because 
Mvie incriminated them when he stated that SEMIL originally arrested 
him. SEMIL subsequently released Mvie, and no charges were filed by 
year's end.
    On September 9, the independent daily newspaper La Nouvelle 
Expression reported that gendarmes apprehended and detained Michel 
Mombio on September 4 after his newspaper, L'Ouest Republican, printed 
articles critical of Madeleine Tchuente, the minister of scientific 
research and innovation, and Jacques Fame Ndongo, the minister of 
higher education. Police transferred Mombio to Yaounde, where he 
remained in prison at year's end, awaiting trial scheduled for early 
2009.
    Radio remained the most important medium reaching most citizens. 
There were approximately 70 privately owned unofficial radio stations 
operating in the country, three-fourths of them in Yaounde and Douala. 
The state-owned CRTV broadcasts on both television and radio. In August 
2007 the Government issued the first licenses to two private 
televisions, STV and Canal 2 International, one private radio, Sweet 
FM, and one cable television network, TV+. The Government levied taxes 
to finance CRTV programming, which allowed CRTV a distinct advantage 
over independent broadcasters.
    The Government required nonprofit rural radio stations to submit an 
application to broadcast, but they 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 an annual licensing fee, which was expensive for some 
stations. Although the Government did not issue new broadcast licenses 
during the year, companies operated without them.
    On February 21, the minister of communication indefinitely 
suspended broadcasts by Radio Equinoxe and Equinoxe TV, two Douala-
based media outlets belonging to the same independent media group. 
Officially, the minister discontinued the broadcasts because the owners 
had failed to pay the broadcasting licenses fee. However, most 
broadcast stations defaulted on these payments and continued to operate 
legally. National and international observers concluded that the 
suspensions were politically motivated because the two outlets 
broadcast critical views of President Biya's removal of constitutional 
term limits. On July 4, the minister lifted the suspension after the 
stations had paid 40 million CFA ($80,000) of the required 100 million 
CFA ($200,000) fees.
    On February 28, in an attempt to impose content restrictions, 
Minister of Communication Jean-Pierre Biyiti Bi Essam urged the owners 
of electronic media to use an ``appeasement tone'' in their coverage of 
the riots. On the same day, the broadcast of ``Magic Attitude,'' a 
popular daily interactive program of the Yaounde-based Magic FM (a 
partner of the Voice of America), was suspended. Gendarmes raided the 
premises of the station without a warrant, interrupted programs, and 
removed all broadcasting equipment. The media reported that the raid 
was illegal because the minister of communication had not taken action 
against Magic FM, and the minister of defense (who commands gendarmes) 
had not authorized the raids. On July 4, the minister of communication 
lifted the ban; however, the seized equipment was never returned.
    Unlike in the previous year, the National Communications Council, 
whose members were appointed by the president to review broadcasting 
license applications, did not meet. In addition, an official suspended 
the technical committee that reviews license applications and stated 
that it would not reconvene until the Government reopened the 
previously closed media outlets. Several low-power, rural community 
radio stations functioned with funding from the UN Educational, 
Scientific, and Cultural Organization and foreign countries. The 
Government prohibited these stations from discussing politics.
    The law permits broadcasting by foreign news services but requires 
them to partner with a national station. The BBC, Radio France 
International, and Africa1 broadcast in partnership with CRTV.
    Television had lower levels of penetration than print media but was 
more influential in shaping public opinion. The Government closed Radio 
Equinox for its harsh criticism of the regime. The other five 
independent television stations skirted criticism of the Government, 
although their news broadcasts sometimes focused on poverty, 
unemployment, and poor education, pointing to the role of government 
neglect and corruption.
    During the year CRTV management continued to instruct staff to 
ensure that government views prevailed at all times during their 
coverage.
    The Government was the largest advertiser in the country. Some 
private media enterprises reported that government officials used the 
promise of advertising (or the threat of withholding it) to influence 
reporting of the Government's activities.
    The Government and government officials used strict libel laws to 
suppress criticism. These laws authorize 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. The libel law 
places the burden of proof on the defendant. Government officials 
abused this law to keep local journalists from reporting on corruption 
and abusive behavior. In 2006 various government members and senior 
government officials filed nine libel suits against journalists. During 
the year seven government officials filed libel suits against 
journalists.
    On June 7, the International Federation of Journalists asked the 
Government to stop intimidating journalists, especially those covering 
corruption scandals.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
Internet was available and used by citizens, although access was 
limited by cost and slow connections.

    Academic Freedom and Cultural Events.--Although there were no legal 
restrictions on academic freedom, state security informants reportedly 
operated on university campuses. Professors said that participation in 
opposition political parties or public discussion of politics critical 
of the Government could adversely affect their professional 
opportunities and advancement.
    Security officials harassed musical entertainers during the year 
for singing songs that were derogatory to government officials.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government restricted this right in practice, particularly during and 
after the February demonstrations and riots.
    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 asserted that the law implicitly 
authorizes 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 used force to suppress public assemblies for which it had not 
issued permits.
    Authorities refused to grant the SCNC permission to hold rallies 
and meetings, and security forces arrested and detained some activists.
    Security forces forcibly disrupted the demonstrations, meetings, 
and rallies of citizens, trade unions, and groups of political 
activists throughout the year; demonstrators were injured, arrested, 
and killed.
    On December 10, police forces confronted a group who had gathered 
in front of the Yaounde headquarters of l'Association Citoyenne de 
Defense des Interets (ACDIC). They arrested ACDIC President Bernard 
Njonga and at least a dozen other individuals. Police injured Theophile 
Nono and he required medical attention due to a head laceration. The 
police justified their actions by stating that ACDIC had not received 
approval for a gathering and that the gathering blocked a public 
street. Njonga was released on bail and was scheduled to appear in 
court in on charges of disturbing public order and conducting an 
unauthorized rally the following month.
    On January 15, Fai Yengo Francis, the governor of Littoral Region, 
banned any public rallies and demonstrations in the region. The 
governor used the preservation of public order as a justification for 
his decision. Local and international observers claimed that the ban 
prevented opposition parties and anticonstitutional reform activists 
from exercising their rights. The ban was not applied to public events 
in support of the Government and CPDM. Due to public criticism, the 
governor lifted the ban on July 29.
    On January 19, the Sous-Prefet of Dschang, in the West Region, 
banned a rally organized by the Union of the Peoples of Cameroon, an 
opposition party, to commemorate the 37th anniversary of the death of 
one of its major leaders.
    On February 13, in the Bessengue neighborhood the Douala GMI 
disrupted an SDF march to protest against constitutional reform. The 
police used water cannon, trucks, and tear gas to disperse 
demonstrators in addition to beatings with rubber batons.
    During the February riots, which spread to 31 localities including 
Yaounde and Douala, and the subsequent government crackdown, security 
forces shot and killed demonstrators and rioters. While the Government 
reported 40 persons killed, NGOs such as La Maison des Droits de 
l'Homme claimed that security forces killed over 100 persons.
    For example, on February 23, Douala police shot and killed Lovet 
Ndima Tingha, a meat vendor, while police attacked a crowd gathered for 
a march organized by the SDF leading opposition party. The march 
protested President Biya's intention to remove constitutional term 
limits. The press reported that SDF organizers had decided to disband 
for fear of violence and that police attacked while the crowd 
dispersed. Human rights organizations assisted Tingha's family in 
filing a complaint against the police; no further information was 
available at year's end.
    On February 26, GMI police officers in Bafoussam, West Region, 
responding to a violent demonstration, shot and killed 23-year-old 
Emanuel Tantoh. Human rights NGOs assisted Tantoh's family in filing a 
complaint against the police; however, no other information was 
available by year's end.
    No action was taken against security forces responsible for deaths 
and injuries as a result of the forcible dispersion of demonstrators in 
2006 or 2007.
    There were no new developments in the September 2007 case in which 
a senior divisional officer and his deputy reportedly shot and killed 
high school students Jean Jores Shimpe Poungou Zok and Marcel Bertrand 
Mvogo Awono in Abong-Mbang, East Region during a demonstration against 
a four-month absence of electricity in the town. The Government 
promised an investigation.
    The trial continued during the year in the 2006 case of four 
leaders of the Association for the Defense of Students' Interests, who 
were charged with rebellion and disturbance of public order.

    Freedom of Association.--The law provides for freedom of 
association, but the Government limited this right in practice.
    The conditions for government recognition of political parties, 
NGOs, or associations are arduous, interminable, and unevenly enforced. 
The process forced most associations to operate in uncertainty, in 
which their activities were tolerated but not formally approved.
    The law prohibits organizations who advocate for any type of 
secession, leading government officials to disrupt meetings of the SCNC 
on the grounds that the purpose of the organization rendered their 
meetings illegal.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    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.

    Societal Abuses and Discrimination.--The Jewish community was very 
small, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Although the constitution and law 
provide for freedom of movement within the country, foreign travel, 
emigration, and repatriation, security forces routinely impeded 
domestic and international travel during the year.
    In the wake of the February riots, roadblocks and checkpoints 
manned by security forces proliferated in cities and on most highways, 
where extortion of small bribes and harassment were commonplace. Police 
frequently stopped travelers to check identification documents, vehicle 
registrations, and tax receipts as security and immigration control 
measures. However, there were credible reports that police arrested and 
beat individuals who failed to carry their identification cards as 
required by law.
    Foreign travel is generally respected. However, there was at least 
one case of foreign travel restriction.
    On March 2, DGRE officers arrested SDF parliamentarian Jean Michel 
Nintcheu from Littoral Region at the Douala International Airport, 
while he was about to travel to France. Despite Nintcheu's 
parliamentary immunity, the DGRE officers confiscated his passport but 
released him after an hour of detention and without any formal charges. 
On June 10, officials returned Nintcheu's passport to him.
    The law prohibits forced exile, and the Government did not use it; 
however, some human rights monitors and political opponents who had 
departed the country because considered themselves threatened by the 
Government remained outside of the country, declaring themselves to be 
in political exile.

    Internally Displaced Persons (IDPs).--Approximately 100 persons had 
not returned home due to previous violence between the Bali and Bawock 
ethnic groups over land disputes and as a result of an attack by the 
Oku tribe on the Mbessa tribe.
    In 2005 between 10,000 and 15,000 citizens in and around the 
Adamaoua Region villages of Djohong and Ngaoui were displaced following 
attacks and looting by unidentified armed groups from the Central 
African Republic (CAR). Officials from the Adamaoua Region 
administration reported that hundreds of IDPs remained.
    During the year the Government worked with the UN High Commissioner 
for Refugees (UNHCR) to protect and assist IDPs.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system of providing protection to 
refugees. The Government granted refugee status or asylum. In practice 
the Government provided protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened.
    The Government also provided temporary protection to certain 
individuals who did not qualify as refugees under the 1951 convention 
and its 1967 protocol. However, some noncitizens claimed that refugee 
status was denied to long-term residents. At year's end the UNHCR 
estimated that the country provided temporary protection to 
approximately 82,000 refugees, of which 62,000 came from CAR, 12,000 
were urban refugees (9,000 in Yaounde and 3,000 in Douala), 4,500 from 
Chad, and 2,500 from Nigeria.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers. During the year 
the Government facilitated entry and provided assistance to some 
refugees from CAR and Chad.
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, President Biya's and the CPDM party controlled the 
political process, including the judiciary and agencies responsible for 
the conduct and oversight of elections. Electoral intimidation, 
manipulation, and fraud limited the ability of citizens to exercise 
this right in past elections. In April the National Assembly passed a 
constitutional amendment that removed presidential term limits and 
added provisions for presidential immunity. While considerable national 
discussion of the proposal ensued, the National Assembly ultimately 
passed the revisions in a manner that allowed no debate and underscored 
the CPDM's unfettered control of all government branches. Neither the 
electorate nor their elected representatives had an opportunity to 
affect the outcome of the constitutional exercise.

    Elections and Political Participation.--In July 2007 legislative 
elections, observers witnessed poor supervision at the polling stations 
and lax application of the electoral law. An unnecessarily complex 
registration process effectively disenfranchised some voters. The 
Government failed to implement some electoral improvements it had 
previously committed. For example, despite repeated public assurances, 
the Government was unable to provide indelible ink-an internationally 
recognized safeguard against multiple voting-to many polling stations. 
Despite efforts to computerize voter registration, the lists still 
included numerous errors.
    The Supreme Court received over 130 complaints from political 
parties after the elections, but disqualified the majority of them on 
technical grounds. However, the court ordered new elections in five 
constituencies for 17 parliamentary seats, which were held in 2007; the 
CPDM won 13 seats and opposition parties four. Observers noted some 
irregularities and low voter turnout.
    In July the Government's National Elections Observatory published 
its assessment of the 2007 legislative and municipal elections. The 
report cited shortcomings due to lack of coordination between the 
various electoral commissions and a lack of clear and uniform 
procedures for the various stages of the electoral process (especially 
the registration process).
    In 2004 President Biya, who has controlled the Government since 
1982, was reelected with approximately 70 percent of the vote in an 
election widely viewed as more free and fair than previous elections. 
Although the election was poorly managed and marred by irregularities, 
in particular in the voting registration process, most international 
observers agreed that it reflected the will of the voters. The 
Commonwealth Observer Group, however, maintained that the election 
lacked credibility.
    During its June electoral session, the National Assembly passed an 
amendment to the law that created Elections Cameroon, extending the 
deadline for the electoral body's creation from June to December.
    Membership in the ruling political party conveyed significant 
advantages, including in the allocation of key jobs in parastatals and 
the civil service. The president appoints all ministers, including the 
prime minister, and also directly appoints the governors of each of the 
10 regions. The president has the power to appoint important lower 
level members of the 58 regional administrative structures as well. 
Onerous requirements for registration of parties and candidates 
restricted political activity.
    The right of citizens to choose their local governments remained 
circumscribed. The Government greatly increased the number of 
municipalities run by presidentially appointed delegates, who have 
authority over elected mayors, effectively disenfranchising the 
residents of those localities. Delegate-run cities included most of the 
provincial capitals and some division capitals in pro-opposition 
regions; however, this practice was almost nonexistent in the southern 
regions, which tended to support the ruling CPDM party. 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.
    There were more than 180 registered political parties in the 
country. Fewer than 10, however, had significant levels of support, and 
only five 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 regions and some major cities. The 
largest of the other opposition parties were the National Union for 
Democracy and Progress, the Cameroon Democratic Union, and the Union of 
the Peoples of Cameroon.
    On numerous occasions throughout the year, authorities refused to 
grant permission to hold rallies and meetings to individuals or 
organization who espoused views at odds with government policy. In 
response to growing public dissatisfaction to the proposed 
constitutional amendment, Littoral Region Governor Francis Fai Yengo 
banned public demonstrations or events. While officials enforced the 
ban for civil society and opposition groups, progovernment and pro-CPDM 
events were permitted to take place. For example, both NGOs 
l'Association Citoyenne de Defense des Interests and Nouveaux Droits de 
l' Homme were banned from holding public events to protest government 
actions during the year.
    The Government considered the SCNC illegal because it advocates 
secession and authorities refused to register it as a political 
organization. During the year security forces preemptively arrested 
approximately 40 leaders, members, and supporters of the SCNC to 
prevent them from participating in unauthorized political meetings.
    For example, on February 9, Bamenda police preemptively arrested 19 
SCNC activists gathered in a private residence. Police arrested the 
activists to prevent them from celebrating the Day of Unrepresented 
Nations and Peoples Organization. On February 13, the Bamenda 
prosecutor released them on bail, pending formal charges and eventual 
trial.
    In accordance with the previsions of the newly instituted penal 
code, officials released, pending trial, individuals who were detained 
for participating in illegal gatherings of the SCNC.
    Women held 23 of 180 seats in the National Assembly, six of 61 
cabinet posts, and a few of the higher offices within the major 
political parties, including the ruling CPDM.
    Pygmies were not represented in the National Assembly or the higher 
offices of government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity. The World Bank's worldwide governance 
indicators reflected that corruption was a severe problem. The public 
perception was that judicial and administrative officials were open to 
bribes in almost all situations. Corruption was pervasive at all levels 
of government.
    There were publicized prosecutions of government officials accused 
of corruption during the year. For example, the Government sanctioned 
dozens of government employees for corruption and mismanagement.
    On March 12, police arrested and detained Paulin Abono Moampamb, a 
former Secretary of State and mayor of Yokadouma, a small town in East 
Region, for embezzlement of public funds. Moampamb was placed in 
pretrial detention, awaiting trial at year's end.
    On March 31, police arrested and detained Polycarpe Abah Abah, a 
former minister of finance, and Urbain Olanguena Awono, a former 
minister of public health, for embezzlement. The two men were placed in 
pretrial detention, awaiting trial at year's end.
    On August 1, police arrested and detained Jean Marie Atangana 
Mebara, a former minister of state and secretary general of the 
presidency, for corruption and embezzlement. Mebara was in detention 
awaiting trial at year's end.
    There were new developments in the following high profile 
corruption cases.
    On July 11, the Yaounde High Court sentenced Joseph Edou, the 
general manager of Credit Foncier, a real estate funding company, and 
Andre Boto'o a Ngon, the former board chairman of the company, to 40 
years' imprisonment each for corruption. Twenty-one other former Credit 
Foncier employees were found guilty and given prison terms ranging from 
one to 45 years' imprisonment. The court also sentenced the 23 to pay 
8.5 billion CFA ($17 million) and ordered the confiscation of their 
property.
    On April 16, the Yaounde Court of Appeals reduced the prison 
sentence of Gerard Ondo Ndong, former general manager of FEICOM (a 
parastatal providing project finance to municipalities) from 50 to 20 
years' imprisonment. The court also reduced the prison terms of three 
of his codefendants from 48 to 20 years' imprisonment.
    The constitution and law require senior government officials, 
including members of the cabinet, to declare their assets; however the 
president had not issued the requisite decree by year's end.
    There are no laws providing citizens with access to government 
information, and such access was difficult to obtain. Most government 
documents, such as statistics, letters exchanged between various 
administrations, draft legislation, and investigation reports, were not 
available to the public or the media.
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 harassing their members, limiting access to 
prisoners, refusing to share information, threatening violence, and 
using violence against NGO personnel.
    Despite these restrictions, numerous independent, domestic human 
rights NGOs operated in the country, including the National League for 
Human Rights, the Organization for Human Rights and Freedoms, the 
Association of Women against Violence, the Movement for the Defense of 
Human Rights and Freedoms, and the Cameroonian Association of Female 
Jurists. The Government collaborated with domestic NGOs to address 
child labor, women's rights, and trafficking in persons.
    On February 16, the Douala antiriot police arrested, beat, dragged 
on the floor, and stripped naked Aicha Ngo Eheg, a human rights 
activist with ``Cri des Femmes,'' a Douala-based human rights group. 
Ngo Eheg, along with other demonstrators, had gathered in the Douala 
neighborhood of Bepanda to march against constitutional reform. 
According to Ngo Eheg's public statement, the police targeted her 
because she tried to stop them from harassing a young demonstrator. At 
year's end Ngo Eheg had not decided whether to file a complaint against 
the police.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives and other 
organizations such as the ICRC. In July Prime Minister Inoni met with 
representatives from Human Rights Watch and other international NGOs.
    While the NCHRF remained hampered by a shortage of funds, during 
the year it conducted a number of investigations into human rights 
abuses, visited prisons, and organized several human rights seminars 
for judicial officials, security personnel, and other government 
officers. Although the commission infrequently criticized the 
Government's human rights abuses publicly, its staff intervened with 
government officials in specific cases of human rights abuses by 
security forces. During the year the NCHRF continued its efforts to 
stop ``Friday arrests'' (the practice of detaining individuals on 
Friday to prolong the time before court appearance) and sought to 
obtain medical attention for jailed suspects. Government officials also 
attended several seminars organized by the commission. On February 5, 
the NCHRF launched its Web site, which provides information about the 
commission and its activities. In 2006 the president signed a decree 
appointing members to the commission and dismissing all incumbents 
except the chairman.
    The National Assembly's Constitutional Laws, Human Rights and 
Freedoms, Justice, Legislation, Regulations, and Administration 
Committee is charged with reviewing any human rights related 
legislation the Government submits for consideration. The Government 
did not submit any such bills during the year.
    The Ministry of Justice published its own 2007 human rights report 
during the year which focused primarily on enumerating government 
actions to address human rights issues, such as judicial and 
disciplinary action taken against corrupt officials.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law does not explicitly forbid discrimination based on race, 
language, or social status, but does prohibit discrimination based on 
gender and mandates that ``everyone has equal rights and obligations.'' 
The Government, however, did not enforce these provisions effectively. 
Violence and discrimination against women, trafficking in persons, and 
discrimination against ethnic minorities and homosexuals were problems.

    Women.--The law prohibits rape, although police and the courts 
rarely investigated and prosecuted rape cases. The media reported at 
least seven rape cases during the year, although no one was arrested. 
Due to social taboos associated with sexual violence, many rapes likely 
went unreported.
    A 2005 survey cited by the Cameroon Tribune indicated that 39 
percent of women living with a man (married or unmarried) were victims 
of physical violence, and 28 percent were victims of psychological 
violence. The law does not specifically prohibit domestic violence, 
although assault is prohibited and is punishable by prison terms and 
fines. Women's rights advocates asserted that penalties for domestic 
violence were insufficient. Spousal abuse is not a legal ground for 
divorce.
    Unlike in the previous year, NGOs did not lead public awareness 
campaigns to combat breast ironing during the year, a practice 
conducted by female family members.
    While the law prohibits prostitution, it was tolerated and 
practiced predominantly in urban areas and places frequented by 
tourists.
    In June 2007 the Government signed the Anti-Sex Tourism Charter, 
which provides ethical guidelines for the tourism industry.
    While the law prohibits sexual harassment, very few cases were 
reported or prosecuted during the year. The Government did not conduct 
any public education campaigns on the subject and there were no 
statistics available on its occurrence.
    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 may also end his wife's commercial 
activity by notifying the clerk of the commerce tribunal of his 
opposition based upon the family's interest.
    Customary law is far more discriminatory against women, since in 
many regions a woman traditionally was regarded as the property of her 
husband. Because of the importance attached to customs and traditions, 
civil laws protecting women often are not respected.

    Children.--During the year the Government made some efforts to 
protect children's rights and welfare, including participation in 
seminars on children's rights. During the year the minister of social 
affairs and other senior leaders made statements and presented 
government action plans regarding the improvement of the condition for 
children.
    The law provides for a child's right to education, and schooling 
was mandatory through the age of 14 and free in public primary schools. 
Since parents had to pay uniform and book fees for primary school, and 
because tuition and other fees for secondary education remained costly, 
education was largely unaffordable for many children. The Government 
took measures during the year to improve access to schools, such as the 
construction of new classrooms and the recruitment of new teachers, and 
provision of water fountains.
    According to 2005 government statistics, 72 percent of girls 
between the ages of six and 14 were enrolled in school, compared to 
81.3 percent of boys in the same age group. According to the UN 
Children's Fund (UNICEF), the secondary school enrollment ratio (gross) 
was 36 percent for boys and 29 percent for girls. The low education 
rate continued to be attributed to high costs, socio-cultural 
prejudices, early marriage, sexual harassment, unwanted pregnancy, and 
domestic chores.
    The extent of child abuse was not known, although 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.
    The law does not prohibit FGM, which was practiced in isolated 
areas of the Far North, East, and Southwest regions.
    Internal migration contributed to the spread of FGM to different 
parts of the country. The majority of FGM procedures were 
clitorectomies. The severest form of FGM, infibulation, was performed 
in the Kajifu region of the Southwest Region. FGM usually was practiced 
on infants and preadolescent girls. Public health centers in areas 
where FGM is frequently practiced counseled women about the harmful 
consequences of FGM; however, the Government did not prosecute any 
persons charged with performing FGM.
    On February 6, during the first International Day against Female 
Genital Mutilation, the minister of women's empowerment and the family 
condemned the practice and called on all citizens to join the fight 
against FGM.
    While the minimum legal age for a woman to marry is 15, many 
families facilitated the marriage of young girls by the age of 12. 
Early marriage was prevalent in the northern regions of Far North, 
Adamaoua, North, and particularly the remote Far North Region, where 
many girls as young as nine faced severe health risks from pregnancies. 
There were no statistics on the prevalence of child marriage.
    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.
    Beginning in January the Ministry of Social Affairs, in association 
with communities and various councils, established the ``Project to 
Fight the Phenomenon of Enfants De la Rue (EDR)''. The program gathered 
information on the phenomenon, offered psycho-social care, and 
bolstered the intake capacities of specialized centers. On April 9, in 
Maroua, Far North Region, the Ministry of Social Affairs launched the 
pilot phase of EDR. On April 14, the ministry also launched the program 
in Douala, for the Littoral and South West regions. The ministry 
reported that approximately 2,000 children lived in the streets of the 
major urban centers of the country. In April and May, a census 
conducted in Yaounde and Douala showed that 155 street children lived 
in Yaounde, and 280 street children lived in Douala. On May 14, the 
Minister of Social Affairs launched the operation designed to return 
150 children to their families. On December 30, she revealed that the 
operation made it possible for 119 out of the 435 children identified 
in Yaounde and Douala to return home.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking in persons, and there were reports that persons were 
trafficked to, from, and within the country. The law criminalizes child 
trafficking and slavery and prohibits prostitution, forced labor, and 
other crimes related to trafficking in persons.
    A 2000 International Labor Organization (ILO) study conducted in 
Yaounde, Douala, and Bamenda, reported that trafficking accounted for 
84 percent of child laborers in those three cities. Local NGOs believed 
this statistic was still accurate. 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 6,000 CFA ($12) before transporting the child to a city 
where the intermediary would subject the child to forced labor with 
little remuneration. In four 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 site for regional traffickers, who 
transported children from Nigeria, Benin, Niger, Chad, Togo, the 
Republic of the Congo, and the CAR for indentured or domestic 
servitude, farm labor, and sexual exploitation. Citizens also were 
trafficked to South Africa.
    Women and children traditionally have faced the greatest risk of 
trafficking generally for 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 from 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. Women 
were often inducted into servitude upon arrival at a foreign 
destination. Credible reports indicated that traffickers used 
trafficking victims to recruit additional victims. Girls were 
internally trafficked from the Adamaoua, North, Far North, and 
Northwest regions to Douala and Yaounde to work as domestic servants, 
street vendors, or prostitutes.
    For example, in 2007 a local law enforcement official reported that 
traffickers smuggled scores of children as young as eight years old 
into the country from Bakassi, Nigeria for a Nigerian fisherman. There 
was no action taken to address the problem due to the lack of effective 
administrative control.
    Slavery is illegal in the country and the law provides punishment 
of 10 to 20 years' imprisonment for persons accused of slavery or 
trafficking in persons. However, there were credible reports of 
hereditary servitude by former slaves in some chiefdoms in the North 
Region. For example, there were reports that the Lamido (the 
traditional Muslim chief) of Rey Bouba in the North Region had 
hereditary servants inside his compound. Although the Lamido was 
replaced by his son in 2004, the hereditary servants remained, 
reportedly by choice for cultural reasons.
    The law provides that any person who engages in crimes associated 
with trafficking in persons shall be punished by prison terms of 
between six months and 20 years.
    Although statistics were unavailable because traffickers could be 
prosecuted under various sections of the penal code, the Government 
reportedly prosecuted trafficking cases during the year. In January 
gendarmerie in the North West Region arrested three traffickers 
transporting seven children between the ages of 12 and 17 to the Center 
Region to work as forced laborers. The case was pending in Bamenda at 
year's end.
    The Ministry of Labor and Social Insurance (MINLESI) is primarily 
responsible for fighting trafficking; however, the ministry was 
severely underfunded.
    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 the Governments 
of Gabon, Nigeria, Togo, and Benin to fight trafficking through the 
exchange of information and preparation of common legislation on 
trafficking. The Interpol office in the country also played a 
significant role in the Government's antitrafficking actions.
    The Government continued to work with local and international NGOs 
to provide temporary shelter and assistance to victims of trafficking. 
Catholic Relief Services worked to combat corruption in local schools 
that led to child prostitution. UNICEF was also actively engaged in 
combating girls' prostitution throughout the year.
    The Government continued to build awareness among local government 
and security officials in the areas where trafficking was an issue. 
Antitrafficking information or education campaigns and antitrafficking 
spots were broadcast on government radio and television. The Government 
monitored immigration and emigration patterns for evidence of 
trafficking. Frontier police at airports, borders, and ports reported 
stopping many trafficking cases but did not provide details regarding 
specific cases.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law provides certain rights to 
persons with disabilities, including access to public buildings, 
medical treatment, and education, and the Government was obliged to 
provide part of the educational expense of persons with disabilities, 
to employ them where possible, and to provide them with public 
assistance when necessary. Access to public secondary education is free 
for persons with disabilities and children born of parents with 
disabilities. In practice, there were few facilities for persons with 
disabilities and little public assistance; lack of facilities and care 
for persons with mental disabilities was particularly 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.
    During the year First Lady Chantal Biya attended National 
Solidarity Action Day, the Ministry of Social Affairs sponsored an 
exhibition at the National Museum that allowed persons with 
disabilities to exhibit their handicrafts. For example, blind persons 
exhibited woven chairs.

    National/Racial/Ethnic Minorities.--The population consists of 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 in business and social 
practices. Members of the president's Beti/Bulu ethnic group from 
southern parts of the country held key positions and were 
disproportionately represented in government, state-owned businesses, 
the security forces, and the ruling CPDM party. For example, the 
minister of defense, the delegate general for national security, and 
the minister of communication were all from the South Region, the 
former two being from the same division as the president.
    On July 6, in Akonolinga, Central Region, several persons were 
injured and killed in ethnically motivated violence. The violence 
occurred when a soccer team from the city of Dschang, Menoua Division, 
West Region, a region predominated by ethnic Bamilekes, defeated the 
local soccer team. Members of the Yebekolo tribe sought out and beat 
ethnic Bamilekes in Akonolinga. The Government investigated the 
incident, but no one had been arrested by year's end.
    There were reports during the year that Alhadji Baba Ahmadou 
Danpullo, a wealthy businessman with ties to the Government, deceived 
M'Bororo women into sexual situations, forcibly displaced the M'Bororo 
and seized their land and cattle, and used his money and influence with 
the Government to order the beating and false imprisonment of members 
of the M'Bororo.
    The commission established in 2007 to demarcate the borders between 
the Oku and the Mbessa tribes in both Bui and Boyo divisions in the 
North West Region begun during the year.
    In 2007 the Bui Oku burned dozens of Mbessa houses, displacing more 
than 500 persons. The Oku claimed that the Mbessa were farming on their 
land. They also accused them of having caught and raped Oku women, a 
charge disputed by local authorities. Local territorial command 
officials reported that the investigation, although ongoing at year's 
end, was complicated by the allegations that traditional rulers 
threatened potential witnesses.
    Northern areas of the country continued to suffer 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 regions.
    Traditional Fulani rulers, called Lamibe, continued to wield great 
power over their subjects, often including Kirdi, sometimes subjecting 
them to tithing and forced labor. Isolated cases of slavery were 
reported, largely Fulani enslavement of Kirdi.
    Natives of the North West and South West regions tended to support 
the opposition party SDF and consequently suffered disproportionately 
from human rights abuses committed by the Government and its security 
forces. The anglophone community was underrepresented in the public 
sector. Although citizens in certain francophone areas-the East, Far 
North, North, and Adamaoua Regions-voiced similar complaints about 
under-representation and government neglect, anglophones said they 
generally believed that they had not received a fair share of public 
sector goods and services within their two regions. 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.
    Police and gendarmes subjected illegal immigrants from Nigeria and 
Chad to harassment and imprisonment. During raids, members of the 
security forces extorted money from those who did not have regular 
residence permits or who did not have valid receipts for store 
merchandise. Some members of the country's large community of Nigerian 
immigrants complained of discrimination and abuse by government 
officials. Illegal immigrants were subject to harassment on some 
occasions, although at a lower level than in previous years.

    Indigenous People.--Approximately 50,000 to 100,000 Baka, Bakola, 
and Bagyeli (Pygmies) primarily resided (and were the earliest known 
inhabitants) in the forested areas of the South and East regions. 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 
believed 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 or had 
been cheated by persons posing as Baka representatives. In 2006 the 
committee in charge of the follow-up on the pipeline organized an 
evaluation seminar to determine compensation for the Bakola and 
Bagyeli. The committee agreed that despite improved access to education 
and healthcare, much remained to be done to improve living conditions 
for the pygmies. No further developments were reported during the year. 
On October 3, the Fondation Camerounaise d' Actions Rationalisees et de 
Formation sur l' Environnement conducted a study in 28 villages in the 
Center and South regions that confirmed the pygmies' complaints (Kribi 
Region) that they had not yet been fully compensated. The final 
conclusions of the study were not released by year's end.
    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 2004 Plan International and another NGO 
launched a program to educate Bakas about their political rights, which 
included the construction of a communal radio station in the region of 
Abong-Mbang in Upper Nyong Division, East region.
    In 2005 the Ministry of Social Affairs launched the Project to 
Support the Economic and Social Development of Bakas in South Region. 
The mission of the three-year project was to allow the issuance of 
birth certificates and national identity cards to 2,300 Bakas, as well 
as to help register hundreds of students in school. The program was 
still ongoing at year's end.

    Other Societal Abuses and Discrimination.--Homosexual activity is 
illegal and punishable by a prison sentence of six months to five years 
and a fine ranging from 20,000 to 200,000 CFA ($40 to $400). While 
authorities did not prosecute persons under this law during the year, 
homosexuals suffered from harassment and extortion by law enforcement 
officials. False allegations of homosexuality were used to harass 
enemies or to extort money.
    There were new developments in the August 2007 case of three 
homosexuals arrested by gendarmes in Douala. On January 9, the Douala 
High Court sentenced Lazare Baeeg, Emmanuel Balep, and Tony Dikongue to 
six months in jail and fines of 50,000 CFA ($100) for homosexuality. 
Their lawyer appealed the decision, which was pending at year's end.
    In October 2007 the Bonanjo High Court refused to release six 
Douala men held in New Bell Prison on charges of homosexuality. In 
January the judge held the first hearing on the case but adjourned it 
pending further discovery. There were no further developments on the 
case by year's end.
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 no less than 20 workers to organize a union by 
submitting a constitution, bylaws, and nonconviction 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 stated that the Government provided 
union certification within one month of application; however, 
independent unions, especially in the public sector, have found it 
difficult to register. For example, the Syndicat National des 
Enseignants du Superieur was not officially registered but operated 
without government interference.
    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 
nonrepresentative 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 has not issued implementing 
decrees.
    The labor code explicitly recognizes workers' right to strike, but 
only after mandatory arbitration, and workers exercised this right 
during the year. During the year strikes occurred at some universities, 
the national railroad company (CAMRAIL), and Cameroon Postal Services . 
Arbitration decisions are legally binding, but often unenforceable when 
the parties refuse to cooperate. It was not uncommon for such decisions 
to 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.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and law provide for collective bargaining between workers 
and management as well as between labor federations and business 
associations in each sector of the economy.
    When labor disputes arose, the Government chose the labor union 
with which it would negotiate, selectively excluding some labor 
representatives. Once agreements were negotiated, there was no 
mechanism to enforce implementation; some agreements between the 
Government and labor unions were ignored by the Government.
    In November transport unions convened a press conference to address 
that the February agreements with the Government had not been 
implemented. The Sous-prefet of Yaounde II banned the press conference 
and called it ``illegal''.
    The constitution and law prohibit antiunion discrimination, and 
employers guilty of such discrimination were subject to fines of up to 
approximately one million CFA ($2,000). However, employers found guilty 
were not required to compensate workers for discrimination or to 
reinstate fired workers. The MINLESI did not report any complaints of 
antiunion discrimination during the year, although there were credible 
press reports of harassment of union leaders.
    There are no 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. Prison 
authorities arranged for prison inmates to be contracted out to private 
employers or used as communal labor for municipal public works. Money 
generated from these activities was usually pocketed by prison 
administrators and not given to detainees.
    Hereditary servitude occurred in the Northern regions.
    In the South and East regions, some Baka, including children, 
continued to be subjected to unfair and exploitative labor practices by 
landowners, including forced work on the landowners' farms during 
harvest seasons without payment.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law generally protects children from exploitation in the workplace and 
specifies penalties ranging from fines to imprisonment for 
infringement; however, child labor remained a problem. The Government 
specifically prohibits forced and compulsory labor by children, but 
there were reports that it occurred in practice.
    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 include moving heavy objects, dangerous and 
unhealthy tasks, working in confined areas, and prostitution. The law 
also states that a child's work day cannot exceed eight 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 effectively enforced.
    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. 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.
    There were reports that some parents gave their children to 
``marabouts'' (traditional religious figures) in Maroua in the Extreme 
North, to learn the Koran and prepare them to become ``marabouts'' 
themselves. However, there were reports that some children were kept in 
leg chains and subjected to forced labor.
    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. According to some NGOs, the cocoa industry also 
employed child laborers. These children originated, for the most part, 
from the three northern and the North West regions.
    The Ministry of Social Affairs and MINLESI 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. In 2005 the Government 
employed 58 general labor inspectors to investigate child labor cases.
    The ILO continued to work with specific contact persons in various 
ministries and agencies involved in antitrafficking activities; it also 
conducted nationwide investigations and cooperated with local 
organizations.

    e. Acceptable Conditions of Work.--In June the Government increased 
the minimum wage in all sectors to 28,246 CFA ($56) per month. However, 
the minimum wage did not provide for a decent standard of living for an 
average worker and family. MINLESI was responsible for enforcing the 
minimum wage nationally.
    The law establishes a standard workweek of 40 hours in public and 
private nonagricultural firms and 48 hours in agricultural and related 
activities. There are exceptions for guards and firemen (56 hours a 
week), service sector staff (45 hours a week), and household and 
restaurant staff (54 hours a week). The law mandates at least 24 
consecutive hours of weekly rest. Premium pay for overtime ranges from 
120 to 150 percent of the hourly pay depending on amount and whether it 
is for weekend or late-night overtime. There is a prohibition on 
excessive compulsory service. MINLESI inspectors were responsible for 
monitoring these standards; however, they lacked the resources for a 
comprehensive inspection program.
    The Government sets health and safety standards. MINLESI inspectors 
and occupational health physicians were responsible for monitoring 
these standards; however, they lacked the resources for a comprehensive 
inspection program. The law does not provide workers with the right to 
remove themselves from situations that endanger health or safety 
without jeopardizing their continued employment.

                               __________

                               CAPE VERDE

    Cape Verde, with a population of approximately 500,000, is a 
multiparty parliamentary democracy in which constitutional powers are 
shared among the elected head of state, President Pedro Verona 
Rodrigues Pires, and Prime Minister Jose Maria Neves. Pires was elected 
for a second five-year term in 2006 in generally free and fair 
elections. Nationwide legislative elections in 2006 and municipal 
elections in May 2008 were likewise declared generally free and fair by 
the Supreme Court of Justice and by the National Electoral Commission. 
While civilian authorities generally maintained effective control of 
the security forces, there were instances in which elements of the 
police forces used excessive force and stole evidence from police 
lockups.
    The Government generally respected the human rights of its 
citizens; however, problems were reported in some areas: police abuse 
of detainees, poor prison conditions and juveniles held together with 
adults, lengthy pretrial detention and excessive trial delays, violence 
and discrimination against women, child abuse, reports of trafficking 
in persons, and some forms of 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were credible reports that in some instances police beat persons 
in custody. Generally, the authorities took action against the abusers. 
However, there were credible reports that some abuses that occurred 
within police stations were not reported by police officials.

    Prison and Detention Center Conditions.--Prison conditions were 
poor, and facilities were severely overcrowded. Sanitation and medical 
assistance were poor; however, doctors and nurses were available, and 
prisoners were taken to public hospitals for serious medical problems. 
Psychological problems among prisoners were common.
    There were no developments in the investigation of the December 
2007 murder in prison of a convicted drug trafficker who was 
collaborating with authorities. The killer was believed to be another 
inmate, who was alleged to be a professional hit man hired by drug 
traffickers.
    Juveniles were held together with adults, and pretrial detainees 
were held together with convicted prisoners.
    The Government permitted independent monitoring of prison 
conditions by international human rights monitors 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 constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The police force is 
organized nationally under the Ministry of Internal Administration and 
the Ministry of Justice and is made up of the National Police, 
responsible for law enforcement, and the Judicial Police, responsible 
for investigations. Logistical constraints, including lack of vehicles, 
limited communications equipment, and poor forensic capacity limited 
police effectiveness. Corruption was an increasing problem.
    In June three Judicial Police officials were arrested for diverting 
for commercial use over 135 kilograms of cocaine seized in a drug 
investigation; a full investigation was conducted, and the police 
officers were charged with the crime.
    Police abuses were investigated internally, and these 
investigations resulted occasionally in legal action against the 
perpetrators. Impunity was a problem. With an inefficient judicial 
system, citizens have little expectation of timely and strict law 
enforcement or accountability for those who commit offenses.

    Arrest and Detention.--Police may not make arrests without a 
warrant issued by an authorized official, unless a person is caught in 
the act of committing a felony. The law stipulates that a suspect must 
be brought before a judge within 48 hours of arrest. The law provides a 
detainee with the right to a prompt judicial determination of the 
legality of the detention, and the authorities respected this right in 
practice. Attorneys inform detainees of the charges against them. There 
was a functioning bail system. Detainees were allowed prompt access to 
family members and to a lawyer of their choice or, if indigent, to one 
provided by the Government.
    Lengthy pretrial detention was a serious problem; detainees often 
remained in jail without charge for more than a year. The judicial 
system was overburdened and understaffed, and the dropping of charges 
without a court judgment was a frequent means for terminating criminal 
cases.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice; however, a report by the president of the 
Supreme Court of Justice (SCJ) on the state of the justice system 
recognized that the judiciary was understaffed, inefficient, and in 
urgent need of reform.
    The judicial system is composed of the Supreme Court of Justice and 
the regional courts. Judges are independent and may not belong to a 
political party. Penal and civil regional courts adjudicate minor 
disputes; the penal courts handle criminal cases, including violations 
of the electoral laws; and the civil courts handle civil and commercial 
suits. Civilian courts have jurisdiction over state security cases. 
There is also a military court, which cannot try civilians. The SCJ is 
the highest appellate court.

    Trial Procedures.--The law provides for the right to a fair and 
public nonjury trial. Defendants are presumed to be innocent until 
proven guilty. Defendants have the right to be present and to consult 
with an attorney in a timely manner; free counsel is provided for the 
indigent. Defendants have the right to confront or question witnesses 
against them and to present witnesses and evidence on their own behalf. 
Defendants and their attorneys have access to government-held evidence 
relevant to their cases. They can appeal regional court decisions to 
the SCJ. The law extends the above rights to all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The ordinary courts handle 
civil matters, including lawsuits seeking damages for, or cessation of, 
a human rights violation.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights. The independent press was active and expressed 
a variety of views without restriction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in peaceful 
expression of views via the Internet, including by e-mail. Unofficial 
reports estimate that 10 percent of Cape Verdeans were Internet users; 
citizens in the cities had access to the Internet at cyber cafes.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. More than 85 percent of the population is nominally Roman 
Catholic, according to an informal poll taken by local churches. The 
Government imposed no registration requirements that discriminate 
against any religious groups.

    Societal Abuses and Discrimination.--There was no known Jewish 
community, and no reports of acts of anti-Semitism or discrimination 
against members of any religious group.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and laws provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers.
    The constitution and law prohibit forced exile, and the Government 
did not employ it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention or the 1967 
protocol, but there were no reported cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--In the 2006 legislative 
elections individuals and parties were free to declare their 
candidacies. The ruling African Party for the Independence of Cape 
Verde won 41 seats in the 72-seat National Assembly; the main 
opposition party, Movement for Democracy (MPD), won 29 seats; and the 
Union for a Democratic and Independent Cape Verde won the remaining two 
seats. International observers characterized the elections as generally 
free and fair, despite some irregularities. The MPD unsuccessfully 
contested the results by alleging fraud and filing with the SCJ for 
annulment of the elections.
    Presidential elections were also held in 2006, and individuals and 
parties were free to declare their candidacies. International observers 
characterized the conduct of the election as generally free and fair. 
The incumbent President Pires received a second term with 51 percent of 
the vote; MPD candidate Carlos Veiga obtained 49 percent of the vote. 
Veiga then petitioned the SCJ to annul the presidential election 
results, stating that the elections were not free or transparent. The 
SCJ ruled there were no legal grounds for annulment and confirmed 
President Pires as the winner.
    Municipal elections were held in May, and the opposition won in 12 
of the 22 municipalities-including the most important. These elections 
were organized under a new electoral code, with a new electoral census 
for voters in and outside the country, and greater oversight powers to 
the National Electoral Commission. The National Electoral Commission 
and the SCJ declared the legislative and presidential elections 
generally free and fair.
    There were 11 women in the National Assembly. Out of 16 ministers 
appointed in June following a cabinet reshuffle, eight were women. 
There was one woman on the SCJ.
    There is no majority ethnic group in the country, and the 
Government is multiethnic at all levels.

    Government Corruption and Transparency.--The law provides criminal 
penalties of up to 15 years' imprisonment for official corruption. 
There was one report of government corruption during the year. 
According to the World Bank's Governance Indicators, government 
corruption was a problem.
    The law provides for public access to government information 
without restriction, provided that privacy rights are respected; There 
were no reports that the Government denied requests for such 
information.
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 and investigated and published their findings on 
human rights cases. Leading human rights groups included the National 
Commission of the Rights of Man, the Ze Moniz Association, and the 
Alcides Barros Association. Government officials generally were 
cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, religion, 
disability, language, or social status; however, the Government did not 
enforce these provisions effectively, and violence and discrimination 
against women and abuse of children were serious problems.

    Women.--Rape, including spousal rape, is a criminal offense, but 
the Government generally did not effectively enforce the law; the 
number of prosecutions during the year was small. The penalty for rape 
is eight to 16 years' imprisonment, and may be higher if the victim is 
under the age of 16, or if the offender takes advantage of job 
responsibilities in a prison, hospital, school, or rehabilitation 
center, or with persons under his or her responsibility. NGOs such as 
the Association in Support of Women's Self-Promotion in Development and 
the Cape Verdean Women's Organization conducted campaigns against rape.
    Domestic violence against women, including wife beating, was 
widespread. The Government and civil society encouraged women to report 
criminal offenses such as spousal abuse, which is punishable by two to 
13 years' imprisonment; however, longstanding social and cultural 
values inhibited victims from doing so. The number of prosecutions was 
small.
    While there were mechanisms such as legal counseling, psychological 
care, specific police attention, and family courts to deal with spousal 
abuse, these mechanisms neither effectively prevented violence nor 
ensured the punishment of those responsible. Women's organizations 
claimed that police lacked adequate skills to handle cases of abuse and 
often ignored the legal complaints they filed against their husbands. 
Nevertheless, reports to police of domestic violence increased during 
the year. There were police and judicial delays in acting on abuse 
cases. Violence against women was the subject of extensive public 
service media coverage, but the media protected alleged perpetrators' 
identities.
    Women's organizations, such as 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.
    Prostitution of minors is prohibited by law, but the Government 
generally did not enforce it. Sex tourism was a growing problem, and 
there are no laws to address it. While no statistics are available, 
prostitution was most prevalent in tourist areas of the islands of Sal, 
Boa Vista, and Sao Vicente.
    Sexual harassment was common and not culturally perceived as a 
crime. It is prohibited by law with a penalty of one year in prison, 
but the Government did not effectively enforce this law.
    Under the law women enjoy the same rights as men, including rights 
under family law, property law, and in the judicial system. However, 
despite legal prohibitions against sex discrimination and provisions 
for full equality, including equal pay for equal work, discrimination 
against women continued. The Cape Verdean Institute for Gender Equality 
and Equity worked for the protection of legal rights of women. The 
Women Jurists' Association provided free legal assistance to women 
throughout the country suffering from discrimination, violence, and 
spousal abuse.

    Children.--The Government was committed to children's rights and 
welfare.
    Child abuse and sexual violence against children were serious 
problems, regularly reported by the media. Child labor was also a 
problem. Government efforts to address these problems were inadequate.

    Trafficking in Persons.--The law prohibits trafficking in minors, 
but not adults, and there were reports that persons were trafficked to 
and from the country. Police reports indicated that the country was 
also a transit point for trafficking in persons from West African 
countries to the Canary Islands and to Europe.
    Sentences for trafficking in children range up to 16 years' 
imprisonment, but there were no prosecutions during the year. The 
Ministry of Justice and the Ministry of Internal Administration are 
responsible for combating trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 the 
Government effectively enforced these provisions. There are no laws or 
programs to ensure access to buildings for persons with disabilities.

    Other Societal Abuses and Discrimination.--There were no reports of 
discrimination based on sexual orientation.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and workers exercised this right in 
practice. There are no restrictions except for employees of diplomatic 
missions. Approximately 22 percent of workers were unionized. The law 
allows unions to conduct their activities without interference, and the 
Government protected this right in practice. The law provides union 
members with the right to strike, but the Government may invoke a 
``civil request'' in an emergency or if coverage of basic needs is 
threatened. Under a civil request the Government has the power to 
require the striking union to continue to provide specified minimum 
services.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law; however, there was very little 
collective bargaining. There were no collective bargaining agreements 
and no collective labor contracts completed during the year. Workers 
and management in the small private sector, as well as in the public 
sector, normally reached agreement through negotiations either 
individually or collectively. There were no reports of antiunion 
discrimination.
    There are no special laws or exemptions from regular labor laws in 
the one export processing zone, which encompasses the whole country.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
reports that such practices occurred. Children commonly work as car 
washers, fishers, street vendors, and in small-scale family 
agriculture.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, but the Government did not effectively implement them in 
practice. A new labor code was approved in 2007, prohibiting children 
under the age of 15 from working. The law also increased restrictions 
on children between 15 and 18 years of age, prohibiting them from 
working at night, more than seven hours per day, or in establishments 
where toxic products were produced. However, the Government rarely 
enforced the law.
    The most recent statistics available (2000 census) indicated that 
8,000 children were working in urban centers as street vendors and car 
washers, and in the countryside in agriculture, livestock raising, and 
fishing. There were reports that children were being used in the sale 
of illicit substances. In June the Institute of Children and 
Adolescents, a government organization, concluded a study analyzing the 
child labor situation in the country; by year's end the study had not 
resulted in any concrete action by the Government.
    The ministries of justice and labor were responsible for enforcing 
child labor laws; however, such laws were seldom enforced. There were 
no government programs to address child labor.

    e. Acceptable Conditions of Work.--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. For an entry-level worker, this wage was 12,000 escudos 
(approximately $150) 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 hours beyond the standard workweek. There is a required rest 
period of 12 consecutive hours per week. 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 legal 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. The law provides 
workers with the right to remove themselves from situations that 
endanger health or safety without jeopardizing their continued 
employment.

                               __________

                        CENTRAL AFRICAN REPUBLIC

    The Central African Republic (CAR) is a constitutional republic 
whose population of approximately 4.2 million is governed by a strong 
executive branch and weak legislative and judicial branches. Armed 
forces Chief of Staff General Francois Bozize seized power in a 
military coup in 2003. Subsequent elections in 2005 resulted in 
Bozize's election as president. National and international observers 
judged the elections to be generally free and fair despite some 
irregularities. While fighting between rebels and government security 
forces decreased during the year, much of the northwestern and 
northeastern parts of the country remained outside of government 
control. Banditry remained a serious threat to civilians throughout the 
northern prefectures of the country. Civilian authorities did not 
maintain effective control over the security forces.
    The Government's human rights record improved somewhat from the 
previous year but remained poor. Reports of the military killing 
civilians decreased due to a peace agreement between government forces 
and rebels in the north. However, the presidential guard continued to 
carry out extrajudicial executions in the contested northwest 
prefectures. Security forces, including the presidential guard, 
continued to torture, beat, detain, and rape suspects and prisoners. 
Mob violence resulted in deaths and injuries. Impunity, particularly 
military impunity, remained widespread. Conditions in prisons and 
detention centers remained harsh and life threatening. The Government's 
use of arbitrary arrest and detention contributed to a large number of 
detainees. Prolonged pretrial detention, denial of a fair trial, and 
judicial corruption continued to be problems. The Government 
intimidated and restricted the press on occasion. Freedom of movement 
remained limited in the north because of actions by security forces, 
armed bandits, and rebels. Sporadic fighting between government forces 
and rebel groups continued to produce internally displaced persons, 
though the number of displaced persons and refugees decreased from the 
previous year. Government corruption and lack of access to government-
held information remained serious problems. Societal violence, 
including female genital mutilation (FGM), discrimination against 
women, and societal discrimination against indigenous people (Pygmies) 
occurred. Trafficking in persons was a problem, as were forced labor 
and child labor, including forced labor by children. Workers' rights 
improved from the previous year, but remain restricted.
    In addition to recognizable rebel organizations, unidentified armed 
groups continued to kill, beat, and rape civilians and loot and burn 
villages in the north. Rebel groups kidnapped, beat, raped, and 
extorted money from local populations. There were numerous reports of 
children as young as 12 fighting alongside rebel groups.
                        respect for 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 killed members of opposing 
political groups, but soldiers, particularly the presidential security 
forces (commonly known as the presidential guard) killed numerous 
civilians they suspected of supporting armed rebel groups. Both 
government security forces and armed rebels killed civilians in the 
course of conflict in the north of the country.
    During the year there were numerous credible reports that elements 
of the security forces, including the Central African Armed Forces 
(FACA), and particularly the presidential guard forces, committed 
unlawful killings while apprehending suspects and, allegedly, in 
connection with personal disputes or rivalries. Authorities appeared 
unwilling to prosecute personnel of the presidential guard for 
extrajudicial killings.
    Unlike the previous year, there were no reports that the Central 
Office for the Repression of Banditry (OCRB), a special anti-banditry 
police squad and an investigative and intelligence police service 
operated by the Ministry of Defense in and around Bangui, arbitrary 
executed suspected bandits, although they continued to use torture.
    There were no reports that the Government prosecuted any OCRB 
personnel for 2007 killings.
    In January Lieutenant Eugene Ngaikosse of the presidential guard 
reportedly executed three persons accused of highway banditry between 
Baoro and Carnot. The director of presidential security investigated 
the incident, and the Chadian consul represented the victims. At year's 
end no further information was available, although Ngaikosse remained 
free and had not been indicted.
    On April 6, Boris Namsene of the presidential guard shot and killed 
five persons and wounded several more following a quarrel during a 
funeral in Boy-Rabe, Bangui. Military authorities who were informed of 
the killings did not immediately take action against Namsene, whose 
body was found at a hospital three days later, apparently killed by his 
fellow soldiers. At year's end no one had been charged.
    In March and April the Permanent Military Tribunal, which is 
responsible for adjudicating crimes allegedly committed by military 
forces, ruled on 38 of the 47 cases involving military service members 
arrested for crimes from murder to desertion and theft of military 
equipment. Of the six cases in which the victims died, the tribunal 
convicted one soldier of murder, convicted two others on lesser 
charges, and acquitted one. Decisions on two other cases were 
postponed. The tribunal handed down 20 convictions with prison 
sentences, nine convictions with suspended sentences, and acquitted 
nine defendants. Nine cases were remanded for further discovery or 
postponed to the tribunal's next session.
    In May Captain Achille Lakouama was sentenced to five years in 
prison and a fine of 16 million CFA francs (approximately $32,000) for 
the 2006 killing of presidential protocol director Pascal Bembe.
    Armed bandits, who have contributed to the country's instability 
for many years, demonstrated a growing willingness to kill civilians 
during the year. In the central part of the country, armed groups known 
as zaraguinas engaged in widespread kidnappings, at times killing 
family members of individuals who could not or would not pay ransom. 
Although information about these armed groups and highway bandits was 
difficult to obtain, aid workers and UN officials described them as a 
combination of common criminals and remnants of insurgent groups from 
the recurring conflicts in the region.
    On February 22, Mayor Emmanuel Voulele of Koui and four of his 
staff were kidnapped for ransom. A partial payment of the ransom led to 
the release of two persons; however, the mayor was later killed. At 
year's end no one had been charged for the crime.
    No further information was available at year's end on the alleged 
massacre of 56 civilians in the village of Massabo near Boromata in 
February 2007.
    Civilians reportedly continued to kill and injure persons suspected 
of being sorcerers or witches during the year.
    On August 1, three persons accused of sorcery following the death 
of a young woman were killed by the local population in Pissa. Acting 
on the advice of a local marabout, or religious fortune teller, 
villagers invaded the detention facility, wrested the accused from 
gendarmes, and killed them. Five persons were arrested and at year's 
end were awaiting trial.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year unidentified armed groups kidnapped and held for 
ransom M'boboro children, local officials, and a group of medical 
personnel in Ouham Pende prefecture.
    On February 10, unidentified gunmen in Bombole took two medical 
doctors and four medical personnel hostage and demanded ransom. The 
hostages were released five days later when the National Medical 
Association threatened to call a strike and the local population 
mobilized against the kidnappers. At year's end no one had been charged 
for the kidnapping.
    The February 22 kidnapping of the mayor of Koui resulted in his 
death. (See Section 1.a.)

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law and the constitution prohibit torture and 
specify punishment for those found guilty of physical abuse, police and 
security services continued to torture, beat, and otherwise abuse 
criminal suspects, detainees, and prisoners, according to local human 
rights groups such as the Association Against Torture (ACAT) and the 
Central African Human Rights League (LCDH). 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 LCDH, filed complaints with the courts but the 
authorities took no action. Members of the military raped, robbed, and 
abused civilians in conflict areas.
    According to ACAT, torture and beating of detainees occurred 
frequently in detention centers run by the Services des Recherches et 
Investigations (SRI) and the OCRB.
    Police most commonly employed a form of torture known as ``le 
cafe,'' the repeated beating of the soles of an individual's feet with 
a baton or stick. Immediately after administering the beating, police 
would sometimes force the victim to walk on badly bruised feet and, if 
the individual was unable to do so, would continue beating the 
individual. For example, in January several individuals accused of 
embezzlement or banditry near Bambari were given this punishment.
    On October 20, Dieu-Beni Pani was arrested for fraud and taken to 
the ORCB police headquarters where he was beaten severely. On October 
29, he was moved to the SRI police headquarters where he was shackled 
and beaten unconscious before being returned to his OCRB cell. He later 
was released to a local hospital with severe injuries. No update was 
available at year's end on his condition.
    Members of the presidential guard and armed forces continued to 
beat and abuse civilians, including journalists. In August Lieutenant 
Olivier Koudemon of the presidential guard threatened to kill Sylvestre 
Boymandja following a dispute over a vehicle rental; Boymandja took his 
complaint to the SRI. When summoned by SRI authorities, Koudemon came 
armed and began insulting and beating Boymandja. When convoked by the 
prosecutor's office, Koudemon arrived accompanied by other presidential 
guards. In the office lobby, he pulled out his gun, threatened to kill 
Boymandja and his relatives, and started beating Boymandja's sister in 
front of the deputy prosecutor. By year's end the military had taken no 
action against Koudemon.
    On December 22, Koudeman and his colleagues in the presidential 
guard attacked and beat several of his neighbors in the Boy-Rabe 
neighborhood of Bangui following a dispute over a stolen chicken, an 
incident widely reported in the press. On December 27, Koudemon 
attacked another Boy-Rabe woman after a roadside dispute, according to 
the local press.
    On July 13, Corporal Zilo and five of his colleagues from FACA 
severely beat Dany Tapandji Zingazo for allegedly looking at Zilo's 
girlfriend. Tapandji remained incapacitated by his injuries, and at 
year's end the authorities had not investigated the incident.
    Members of security forces, particularly members of the military, 
reportedly raped civilians during the year, although sexual assault 
reporting remained rare throughout the country. Security personnel 
rarely were punished, and suspects either escaped from police custody 
or were released by fellow soldiers and other security agents.
    On December 27, Nganatouwa Goungaye Wanfiyo, one of the lawyers for 
the victims in the International Criminal Court (ICC) proceedings 
against Congolese politician and militia leader Jean-Pierre Bemba, died 
in an automobile accident near Sibut. While there was no evidence of 
foul play, several nongovernmental organizations (NGOs) called for an 
investigation given the sensitive nature of his work.
    There were no further developments in the ongoing ICC investigation 
into the 2005 charge against former president Ange-Felix Patasse and 
others for crimes against humanity committed prior to and during the 
2003 coup.
    Civilians continued to take vigilante action against suspected 
thieves, poachers, and some persons believed to be Chadian combatants.

    Prison and Detention Center Conditions.--Prison conditions were 
extremely harsh and well below international standards. Prison 
conditions outside Bangui generally were worse than those in the 
capital. There were reports that guards tortured prisoners. There were 
an estimated 400 prisoners in Bangui as of year's end. Prison cells 
were overcrowded and basic necessities, including food, clothing, and 
medicine, were inadequate and often confiscated by prison officials. 
Prisoners depended on family members to supplement inadequate prison 
meals and sometimes were allowed to forage for food near the prison. 
Prisoners frequently were forced to perform uncompensated labor.
    According to one international observer, detainees outside the 
capital received no food from prison authorities. For example, a Ba'Aka 
(Pygmy) prisoner arrested in Bayanga during the year was transferred to 
Nola, where he died after eating a poisonous toad out of hunger and 
desperation.
    There were two prisons in Bangui, Ngaragba Central Prison for men 
and Bimbo Central Prison for women. Inmates with infectious diseases 
lived among healthy inmates. A nurse was available at both prisons for 
inmates needing medical care. Detainees and inmates at both prisons 
received one meal per day. Meals were insufficient and prisoners 
complained of meals made from inferior ingredients. Inmates slept on 
the floor or on thin matting provided by their families or charities. 
Authorities at both prisons permitted detainees' families to make 
weekly visits.
    By September there were 340 inmates in Ngaragba Prison, most of 
them pretrial detainees. Several detainees had been held for seven 
months without appearing before a judge. In some cell blocks there were 
10 individuals in each common room. The more crowded cellblocks 
contained four rooms, in which approximately 30-40 prisoners slept, 
usually on bare concrete floors. Prisoners in these cellblocks 
complained that water supplies were inadequate and often were cut. In 
the prison section reserved primarily for educated prisoners and former 
government officials suspected or convicted of financial crimes, common 
rooms held four to eight persons on average. In August a prisoner died 
in Ngaragba and authorities temporarily refused to allow for the body's 
removal, leading to a brief riot.
    As of June, Bimbo Central Prison housed 44 female detainees, many 
of whom were pretrial detainees. Several individuals had been detained 
for months and had not appeared before a judge; few had lawyers. Prison 
officials allowed detainees who were ill to be treated by a nurse who 
visited regularly. Overcrowding was reportedly not a problem, and 
children younger than five were allowed to stay with their mothers at 
the prison. By year's end a new block of toilets and showers built by 
the International Committee of the Red Cross (ICRC) alleviated concerns 
about inadequate sanitary facilities. There were no reports of rapes or 
sexual harassment by the all-male prison guard staff.
    Male and female prisoners were held in separate facilities in 
Bangui but housed together elsewhere. Juveniles were sometimes held 
with adult prisoners. For example, in June observers from a UN agency 
found five minors between the ages of 12 and 16 among the prisoners at 
Ngaragba. Pretrial detainees were not held separately from convicted 
prisoners.
    Conditions in detention centers were worse than those in prisons 
and in some cases were life threatening. Bangui's police detention 
centers consisted of overcrowded cells with very little light and leaky 
buckets for toilets. Poor sanitation and negligence by authorities 
posed a serious health risk to detainees. According to local human 
rights groups, lack of training and poor supervision at detention 
centers were serious problems and continued to result in torture and 
beatings. Suspects in police and gendarmerie cells had to depend on 
family, friends, religious groups, and NGOs for food. Detainees with 
infectious diseases lived among healthy prisoners, and medicine was not 
available. Suspects generally slept on bare cement or dirt floors. 
Corruption among guards, who had not been paid in months, was rife. 
Guards often demanded between 200 CFA francs (approximately $0.40) and 
300 CFA francs (approximately $0.60) to permit showers, allow the 
delivery of food and water, or permit family visits.
    International observers noted that the detention center in the 
gendarmerie in Bouar had neither windows nor a toilet, only a bucket 
that was emptied every other day. Detainees at the police facility in 
Bouar slept chained to each other, a measure the police justified by 
alleging the detainees were recidivists and undisciplined.
    In Bangui male and female detainees were separated; however, this 
was reportedly not the case in detention facilities in the countryside. 
There were no separate detention facilities for juvenile detainees, who 
routinely were housed with adults and often subjected to physical 
abuse.
    The Government restricted prison visits by human rights observers 
during the year, more so than in the previous year, particularly after 
the detention and eventual release of journalist Faustin Bambou. 
Although international observers were not denied visits, the Government 
delayed responses to visit requests, often for weeks or months. The 
ICRC and religious groups routinely provided supplies, food, and 
clothes to prisoners. The ICRC had unrestricted access to prisoners; 
however, access for some other observers was at times limited to 
certain areas.

    Arbitrary Arrest or Detention.--The law provides protection against 
arbitrary arrest and detention and accords detainees the right to a 
judicial determination of the legality of their detention; however, 
security forces frequently ignored such provisions, and arbitrary 
arrest and detention remained a problem.

    Role of the Police and Security Apparatus.--The Ministry of the 
Interior and Public Security, through the director general of police, 
has oversight over the activities of the National Police, including the 
OCRB. The Ministry of Defense oversees military forces, including the 
presidential guard, the National Gendarmerie, and the SRI. The police 
and the military share responsibility for internal security.
    As part of its efforts to protect citizens and safeguard property, 
the Government continued to support joint security operations in the 
capital conducted by several hundred regional armed forces 
peacekeepers, renamed Mission for the Coordination of Peace (MICOPAX), 
stationed throughout the country as well as by French and European 
forces in the northeastern Vakaga prefecture.
    Police were ineffective; they severely lacked financial resources, 
and their salaries were often in arrears. Citizens' lack of faith in 
police led at times to mob violence against persons suspected of theft 
and other offenses. Police corruption, including the use of illegal 
roadblocks to commit extortion, remained a problem; however, removal of 
some illegal roadblocks enabled more freedom of movement and easier 
transportation by year's end.
    Mechanisms existed for redress against police abuse. Citizens could 
and did file complaints with the public prosecutor. The most common 
complaints involved theft, rape, brutality, and embezzlement. However, 
impunity remained a severe problem. Although the prosecutor had the 
authority to order the arrest of police officers suspected of 
committing abuses and exercised that authority during the year, the 
prosecutor's staff was small and severely underfunded. There were no 
prosecutions of police officers during the year, according to the 
deputy prosecutor.
    The human rights section of the UN Peace Building Office in the 
Central African Republic (BONUCA) continued to provide security forces, 
including police officers, with human rights training, and during the 
year it sponsored training for FACA and MICOPAX soldiers in Bossangoa, 
Nola, and Alindao. It also organized similar training for presidential 
guard soldiers in December. BONUCA placed UN human rights observers in 
three regional UN offices in northwestern and central parts of the 
country. While BONUCA reported on human rights and worked with the 
local human rights community, local and international observers 
criticized its human rights section for its inability or refusal to 
bring such abuses to light or demand redress. Due in part to previous 
criticisms on its lack of public reporting, BONUCA released in August 
its first public report on the human rights situation and on abuses 
that occurred in the country during the first quarter of the year.

    Arrest and Detention.--Judicial warrants are not required for 
arrest. The law stipulates that persons detained in cases other than 
those involving national security must be informed of the charges 
against them and brought before a magistrate within 48 hours. This 
period is renewable once, for a total of 96 hours. In practice 
authorities often did not respect these deadlines, in part due to 
inefficient judicial procedures and a lack of judges. In several police 
detention centers, including the SRI, detainees were held for more than 
two days and often for four weeks before bringing their cases before a 
magistrate. The law allows all detainees, including those held on 
national security grounds, to have access to their families and to 
legal counsel. Indigent detainees may request a lawyer provided by the 
Government, although it was not known if this right was often invoked. 
Detainees are allowed to post bail or have family members post bail for 
them. In most cases lawyers and families had free access to detainees, 
but incommunicado detention occasionally occurred.
    There were different standards for treatment of detainees held for 
crimes against the security of the state. National security detainees 
may be held without charge for up to eight days, and this period can be 
renewed once, for a total of 16 days. However, in practice persons 
accused of crimes against the security of the state were held without 
charge for longer periods.
    Security forces arbitrarily arrested persons, including 
journalists. In January presidential guard soldiers arrested several 
highway bandits in Ouham prefecture without following judicial 
procedures. The soldiers subsequently beat the detainees and freed them 
after several days.
    In January presidential guard Lieutenant Eugene Ngaikosse ordered 
the arrest of Markounda Mayor Tolngar Vincenta for allegedly urging his 
citizens to flee during a presidential guard trip to the town. The 
mayor was released three weeks later.
    In April Bertin Aristide Kabamba, a former Congolese army 
commandant who had received refugee status in the country in 2003, was 
imprisoned by the SRI security service following unspecified 
allegations of abuse. At year's end he remained in custody.
    In September presidential guard members arrested Christian Mocket, 
an official working at the presidency, following his letter to the 
president criticizing corruption surrounding the presidency, including 
the presidential guard. Mocket remained in detention at the SRI at 
year's end, and no further information was available as to his 
condition or the charges against him.
    Gendarmes in Markounda arrested and held 19 persons for two days in 
December 2007 allegedly for maintaining dirty and unhygienic houses.
    During the year individuals, particularly women, continued to be 
arrested and charged with witchcraft, an offense punishable by 
execution, although no one received the death penalty during the year. 
Prison officials at Bimbo Central Prison for women stated that accused 
witches were detained for their own safety since village mobs sometimes 
killed suspected witches. In late 2005 Bangui prison officials 
estimated that 50 to 60 percent of female detainees were arrested in 
connection with charges of witchcraft.
    In June an 80-year-old man and a married couple were detained in 
Bambari after villagers accused them of sorcery.
    Prolonged pretrial detention was a serious problem. At year's end 
pretrial detainees comprised 49 percent of Ngaragba Central Prison's 
population and an estimated 80 percent of Bimbo Central Prison's 
population. Detainees usually were informed of the charges against 
them; however, many waited in prison for several months before seeing a 
judge. Judicial inefficiency and corruption, as well as a shortage of 
judges and severe financial constraints on the judicial system, 
contributed to pretrial delays. Some detainees remained in prison for 
years because of lost files and bureaucratic obstacles.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, the judiciary remained subject to the 
influence of the executive branch, and, despite government efforts to 
improve it, the judiciary was inadequate to meet its tasks.
    In February President Bozize reopened the Constitutional Court. He 
had closed it in 2007 after a dispute over Supreme Court judges who 
opposed government-supported legislation affecting the country's only 
petroleum supplier, the French oil company Total. The April 2007 case 
was resolved following an out-of-court settlement.
    The courts continued to suffer from inefficient administration, a 
shortage of trained personnel, growing salary arrears, and a lack of 
material resources. Many citizens effectively lacked access to the 
judicial system. Citizens often had to travel more than 30 miles to 
reach one of the country's 35 courthouses. Consequently, traditional 
justice at the family and village level retained a major role in 
settling conflicts and administering punishment.
    Judicial corruption remained a serious impediment to citizens' 
right to receive a fair trial. According to the LCDH, corruption 
extended from the judges down to the bailiffs. Many lawyers paid judges 
for verdicts favorable to their clients. There were, however, some 
efforts to combat judicial corruption, including by several UN agencies 
and the European Union.
    The president appoints judges after the Superior Council of 
Magistrates nominates them. The judiciary consists of 24 tribunals of 
first instance, three courts of appeal, a Final Court of Appeals (Cours 
de Cassation), a High Court of Justice, commercial courts, a military 
court, and a Constitutional Court. There are also children's and labor 
tribunals, as well as a Tribunal for Financial Crimes. The highest 
court is the Constitutional Court, which determines whether laws passed 
by the National Assembly conform to the constitution and hears appeals 
challenging the constitutionality of a law. The Permanent Military 
Tribunal judges only members of the military.
    A law adopted by the National Assembly in September introduced 
significant reforms regarding the composition of the Superior Council 
of Magistrates and gave a majority of the membership to non-
magistrates. The magistrates' and lawyers' associations complained that 
they had not been consulted, which resulted in a one-month strike by 
magistrates. The press and opposition political parties viewed the 
reform as a sharp limitation of judicial independence as well as an 
expansion of executive power.
    There were numerous reports that, in reaction to judicial 
inefficiency, citizens in a number of cities organized to deal with 
cases through parallel justice and persecution, such as mob justice, or 
resorted to neighborhood tribunals and appeals to local chiefs, 
especially in cases of suspected witchcraft.

    Trial Procedures.--Trials are public, and defendants have the right 
to be present and to consult a public defender. Juries are used for 
criminal trials. If an individual is accused of a serious crime and 
cannot afford a lawyer, the Government has an obligation to provide 
one. In practice the Government provided counsel for indigent 
defendants, although this process was often slow and delayed trial 
proceedings due to the state's limited resources. Defendants have the 
right to question witnesses, to present witnesses and evidence on their 
own behalf, and to have access to government-held evidence. Defendants 
are presumed innocent until proven guilty, and, if convicted have the 
right to appeal. The Government generally complied with these legal 
requirements. The judiciary, however, did not enforce consistently the 
right to a fair trial, and there were many credible reports of 
corruption within the court system. One indigenous ethnic group in 
particular, the Ba'Aka, reportedly was subject to legal discrimination 
and unfair trials.
    Witchcraft occasionally was tried in the regular courts and could 
be punishable by execution, although no death sentences were imposed 
during the year. Most individuals who were convicted received sentences 
of one to five years in prison; they could also be fined up to 817,800 
CFA francs (approximately $1,630). During a typical witchcraft trial, 
doctors of traditional medicine were called to give their opinion of 
the suspect's ties to sorcery, and neighbors were called as witnesses. 
Police and gendarmes conducted investigations into witchcraft.

    Political Prisoners and Detainees.--Unlike in the previous year, 
there were no reports of political prisoners or detainees.
    In October 2007, Lydie Florence Ndouba, who had close family ties 
to former president Patasse and was detained in 2006, was freed from 
custody.
    Authorities granted BONUCA's human rights unit and human rights and 
humanitarian NGOs limited access to all prisoners and detainees, 
although bureaucratic requirements for visits and delays significantly 
restricted their frequency during the year.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent judiciary in civil matters, and citizens had access 
to a court to bring lawsuits seeking damages for, or cessation of, a 
human rights violation; however, there was a widespread perception that 
judges were bribed easily and that litigants could not rely on courts 
to render impartial judgments. Many courts were understaffed, and 
personnel were paid poorly.

    f.Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits searches of homes without a warrant 
in civil and criminal cases; however, police sometimes used provisions 
of the penal code governing certain political and security cases to 
search private property without a warrant. Security forces continued to 
carry out warrantless searches for guns and ammunition in private 
homes.
    Local journalists alleged that the Government tapped their 
telephones and that they were harassed regularly by telephone.
    Kina Baptist Church, which security forces burned in 2006 pursuant 
to a presidential order, reopened during the year.

    Use of Excessive Force and Other Abuses in Internal Conflicts.--
Government and opposition forces engaged in serious and numerous 
violations of human rights in the course of their struggle for control 
of the northern part of the country. Human rights abuses were 
particularly prevalent in the northwest, where soldiers, rebels, and 
bands of unidentified armed men attacked civilians. In the view of many 
observers, the Government controlled little more than half of the 
country during the year. Although government forces and rebel groups 
maintained a cease-fire for much of the year, renewed fighting in 
September, October, and December jeopardized the peace process underway 
between the Government and rebel leaders. Civilians were caught in the 
crossfire between the rebels and counterattacks by the military, which 
often accused them of supporting the rebels, although these battles 
were fewer than in the previous year.
    In the northwest, several politically motivated rebel groups, 
including the Popular Army for the Restoration of the Republic and 
Democracy (APRD) and the Central African People's Democratic Front 
(FDPC), continued their struggle against government security forces. 
Rebels of the APRD partly controlled areas in the northwest, outside of 
the major cities and towns.
    In the northeast, the Union of Democratic Forces for Unity (UFDR) 
forces maintained an uneasy peace with government forces, and the two 
groups led joint security patrols in and around Sam Ouandja, which 
reduced fighting in that town.
    UN efforts at disarmament, demobilization, and reintegration 
stalled during the year. The UN-led process continued to map out the 
restructuring and redeployment of military forces, while the 
disarmament, demobilization, and reintegration of rebel forces remained 
on hold pending a final peace agreement. In August the Government 
started a project for the reduction and control of small and light arms 
with the destruction of 461 arms collected through previous programs.
    In addition to recognizable rebel organizations, unidentified armed 
groups, taking advantage of weakened security, continued to attack, 
kill, rob, beat, and rape civilians and loot and burn villages in the 
north. Kidnappings by such groups also increased during the year, 
contributing significantly to the country's massive population 
displacement.

    Killings.--Extrajudicial killings reportedly decreased; however, 
during military operations conducted against rebel groups and/or 
highway bandits, government forces did not distinguish between the 
armed groups and civilians in the villages. In reprisal, government 
forces often burned houses and sometimes killed villagers accused of 
being accomplices of rebels or highway bandits.
    UN observers noted numerous cases of extrajudicial killings by 
security forces, using disproportionate force against suspect bandits 
and rebels.
    On January 15 and 16, security forces shot and killed three men 
suspected of banditry. At year's end no one had been charged in the 
killing.
    On March 19, a group of FACA training at the Centre d'Instruction 
Militaire in Bouar returned from a patrol showing off the decapitated 
heads of several suspects they had summarily executed. At year's end no 
one had been charged in the killings.
    On November 11, near Kabo, rebels from the FDPC rebel group under 
the command of Martin Koumtamadji, a.k.a. Abdoulaye Miskine, attacked a 
FACA unit, and shot and killed 10 soldiers, while displacing civilians 
in the surrounding villages. Miskine claimed not to have ordered the 
attack and recommitted to a cease-fire.
    No further information was available on the extrajudicial killings 
of civilians by government forces in the northeast in 2006 and January 
2007, as reported by Human Rights Watch (HRW).
    No information was available on the January 2007 executions in 
Kaga-Bandoro by government soldiers, nor killings near the towns of 
Paoua, Bossangoa, and Lia by FACA and presidential guard forces. No 
known action was taken against any of the perpetrators.
    By year's end authorities had not investigated or tried members of 
FACA or the presidential guard for the 2006 killings of large numbers 
of civilians in the northwest. In January Philip Alston, the UN Special 
Rapporteur for Extrajudicial Executions for the UN Human Rights 
Council, met with President Bozize and Lieutenant Eugene Ngaikosse and 
expressed his concern at government inaction, noting that Ngaikosse 
remained free and that no complaint had been filed against him. In a 
press conference, Alston noted a decrease in reports of extrajudicial 
killings but underscored his concern over the prevailing impunity in 
the ranks of the military, particularly the presidential guard. He was 
told that Ngaikosse faced charges of stealing a car from another senior 
member of the Government, but that his punishment from his military 
superiors was reduced from 45 days to three days.
    No further information was available in the June 2007 death of 
French humanitarian volunteer Elsa Serfass, who was participating in a 
mission with Doctors without Borders (MSF).

    Abductions.--There were no reports of government forces abducting 
civilians during the year.
    During the year APRD rebels in the northwest continued to kidnap, 
beat, and extort money from the local population. They looted villages 
on the Ouandago-Batangafo road multiple times and beat villagers if 
they tried to resist. Reports from this area also indicated that rebel 
forces took civilians hostage to extort money from their families.
    There was little or no response on the part of local authorities to 
multiple kidnappings of civilians by armed groups considered to be 
bandits or zaraguinas. (See Section 1.a.)

    Physical Abuse, Punishment, and Torture.--Government forces and 
rebel groups mistreated civilians, including through torture, beatings, 
and rape in the course of the conflicts. During military operations 
conducted against rebel groups or highway bandits, the armed forces 
often burnt homes and did not distinguish between armed groups and 
local civilian population they regarded as accomplices, though less so 
than in the previous year.
    In March a man in Bossangoa was detained for four days by 
presidential guard Lieutenant Ngaikosse with his arms and legs tied, 
leaving scars and deep marks on his wrists and ankles. He was also 
beaten on his bare feet. The public prosecutor claimed the abuse came 
from local villagers and not security forces. Authorities took no 
further action.
    International and domestic observers reported that during the year 
security forces, rebel soldiers, Chadian soldiers, and bandits 
continued to attack cattle herders, primarily members of the M'bororo 
ethnic group. Many observers believed M'bororo were targeted primarily 
because of their perceived wealth and the relative vulnerability of 
cattle to theft. One UN agency reported that, according to its NGO 
partners in the affected region, the attackers often were themselves 
M'bororo.
    More than 20,000 M'bororo who fled the northwestern region as a 
result of 2007 attacks remained refugees in Cameroon. M'bororo cattle 
herders were also disproportionately subjected to kidnapping for 
ransom, which increased in the first part of the year. A UN agency 
working in the area indicated that the perpetrators often kidnapped 
women and children and held them for ransoms of between one million and 
two million CFA francs (approximately $2,000 and $4,000). Victims, 
whose families could not or would not pay, were often killed. Armed 
groups in the country continued to conduct frequent attacks on the 
M'bororo population on the Cameroonian side of the border despite the 
Cameroonian government's deployment of elite security forces.
    Some observers noted the use of rape to terrorize the population in 
the northern prefectures by both government forces and rebel groups. In 
August 2007 over 200 survivors of rape came forward in the area around 
Kaga-Bandoro, according to one report. Given the social stigma attached 
to rape, any report would likely underestimate the incidence of rape in 
the conflict zones. Several NGOs and UN agencies conducted gender-based 
violence awareness and treatment campaigns during the year in northern 
prefectures and Bangui.

    Child Soldiers.--According to HRW, numerous APRD groups included 
soldiers as young as 12. In addition, the UFDR rebel movement admitted 
that many child soldiers fought with it. Amnesty International also 
reported that UFDR forces actively recruited children. The UN 
Children's Fund (UNICEF) and other observers noted that, while the 
child soldiers were willing to demobilize and were anxious to attend 
school, their communities lacked the most basic infrastructure.
    In February and March the Lord's Resistance Army (LRA) attacked 
several villages from Bambouti to Obo. According to the Archbishop of 
Bangassou who visited the area in May, the group attacked several 
villages kidnapping 157 persons including 55 children. LRA forces 
looted and burned houses before returning to the Democratic Republic of 
Congo (DRC). Men and boys were used as porters, and women and girls as 
sexual slaves; those above the age of 16 were later released, while 
approximately 55 of the kidnapped young boys and girls remained in LRA 
custody. The Government sent security forces to the prefecture 
following the attack, but did not increase security forces on the 
eastern border until a renewed threat of attack appeared at the end of 
December.

    Other Conflict-related Abuses.--In the northwest members of the 
Government security forces, including the FACA and presidential guard, 
continued to project a presence from the larger towns, and occasionally 
engaged in combat with rebel groups and bandits. While the cease-fire 
between government forces and rebel groups allowed some displaced 
persons to return home, approximately 200,000 persons remained 
displaced in the bush or in refugee camps along the Chadian or 
Cameroonian border.
    In the northeast, government forces burned houses and other 
buildings after retaking the town of Ouandja. The town was considered 
sympathetic to the UFDR rebellion.
    Because security forces perceived members of the Goula ethnic group 
as sympathetic to or collaborators with UFDR rebels, and due to the 
perception among Goula communities that government forces targeted 
them, many Goula in the northeast fled their homes.
    Internal movement was severely impeded, particularly in the 
northern and northwestern parts of the country that the Government did 
not control, by unidentified bandits and rebels, including former 
combatants who helped President Bozize come to power in 2003. Highway 
bandits also committed many kidnappings and armed robberies.
    Sporadic fighting between government security forces and rebel 
groups, attacks on civilians by rebels, armed banditry, and the 
occasional misbehavior by government soldiers kept many internally 
displaced persons (IDPs) from their homes. Nonetheless, the decrease in 
active combat from the previous year allowed many to return to their 
homes, particularly those from more rural villages. UNHCR estimated the 
number of IDPs decreased during the year from approximately 212,000 in 
December 2007 to an estimated 101,000 at year's end.
    Citizens continued to be displaced throughout the year, though less 
so than in the previous year. The overwhelming majority of IDPs were in 
the northwestern prefectures of Ouham and Ouham Pende, where some 
civilians remained displaced from their villages out of fear and lived 
in the bush for much of the year, returning occasionally to their 
fields to plant or scavenge. NGOs and UN agencies observed anecdotal 
evidence that some civilians were returning in the northwest 
prefectures, but this was not a widespread phenomenon. Thousands of 
individuals remained homeless due to fighting in the north-central 
prefectures of Haute Kotto and Bamingui-Bangoran and the northeastern 
prefecture of Vakaga due to renewed fighting within the UFDR as well as 
a nascent ethnic conflict between the Goula and Rounga communities. 
Hygiene-related illnesses and chronic malnutrition continued as attacks 
or fear of attacks prevented many subsistence farmers from planting 
crops, and attackers either stole most of the livestock, or the farmers 
fled with their livestock to safety in neighboring Cameroon. Chronic 
insecurity also rendered the northwestern region occasionally 
inaccessible to commercial, humanitarian, and developmental 
organizations, contributing to the lack of medical care, food security, 
and school facilities, though less so than in the previous year. 
Humanitarian organizations continued to supply some emergency relief 
and assistance to displaced populations, though long-term development 
projects remained suspended due to ever-changing security situations 
and sporadic fighting.
    The Government did not attack or target IDPs although some IDPs 
were caught in the fighting between government forces and the rebels. 
The Government provided little humanitarian assistance, but it allowed 
UN agencies and NGOs to access these groups to provide relief. In 2007 
the Government also allowed the creation of the first camp for IDPs in 
Kabo.
    MICOPAX peacekeepers and government forces conducted joint security 
operations in an effort to secure the northern region and control the 
proliferation of small arms. Despite these operations, however, the 
Government was not able to provide sufficient security or protection 
for IDPs in the northern region.
    Refugees and IDPs continued to flee the country during the year, 
although the number of IDPs decreased at year's end while the number of 
refugees stayed roughly the same. The fighting, along with banditry and 
kidnapping by unidentified groups, kept more than 200,000 residents 
away from the villages they had fled the previous year and led them to 
seek refuge in Chad (50,000) or Cameroon (45,000), or to live in the 
bush (101,000). During the year the number of persons who abandoned 
their villages anew in Ouham and Ouham Pende was approximately 8,000. 
These persons mainly fled to Moyenne Sido near the Chad border.
    On November 8, a dissident group of former rebels from the UFDR 
attacked the town of Sam Ouandja, which was defended by a joint UFDR-
FACA unit. Two rebel soldiers were killed and one government soldier 
wounded. Although the attack did not specifically target the civilian 
population, much of the town's population fled temporarily and suffered 
several days of living in the surrounding area before returning.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The constitution and law 
provide for freedom of speech and of the press; however, authorities 
continued to employ threats and intimidation to limit media criticism 
of the Government, although there were fewer instances than in the 
previous year. Journalists who worked for state-owned media reportedly 
practiced self-censorship.
    A number of newspapers criticized the president, the Government's 
economic policies, and official corruption throughout the year. There 
were more than 30 newspapers, many privately owned, which circulated 
daily or at less frequent intervals. Five independent dailies, 
including Le Citoyen, Le Confident, and Le Democrate, were available in 
Bangui but were not distributed outside of the Bangui area, and the 
absence of a functioning postal service continued to hinder newspaper 
distribution. Financial problems prevented many private newspapers from 
publishing regularly, and the average price of a newspaper, 
approximately 300 CFA francs ($0.60), was higher than most citizens 
could afford.
    Radio was the most important medium of mass communication, in part 
because the literacy rate was low. There were a number of alternatives 
to the state-owned radio station, Radio Centrafrique. The privately 
owned Radio Ndeke Luka continued to provide popular and independent 
broadcasts, although its reach was limited outside Bangui. Ndeke Luka 
broadcast domestically produced national news and political commentary 
on FM airwaves in Bangui and rebroadcast international news throughout 
the country on shortwave radio with assistance from a foreign media 
development organization and the UN Development Program. Radio Notre 
Dame, which the Catholic Church owned and operated, broadcast national 
news, debates, legal counseling, and human rights education. 
International broadcasters, including Radio France Internationale, 
continued to operate during the year. Radio of Peace broadcast Islamic 
religious programs in Arabic and Sango. According to the High Council 
for Communications (HCC), two license requests were pending at year's 
end for community-supported radio stations.
    The Government continued to monopolize domestic television 
broadcasting, and television news coverage generally supported 
government positions. The Government approved one license application 
for a private television station during the year.
    The media continued to face many difficulties, including chronic 
financial problems, a serious deficiency of professional skills, the 
absence of an independent printing press, and a severe lack of access 
to government information.
    There were no further developments in the case of Temps Nouveaux 
editor Michel Alkhady Ngady, who was arrested, fined, and imprisoned 
for two months in 2007 after he contested appointments to the HCC. 
Ngady remained free during the year and continued publication of his 
newspaper, but the charge of ``disobedience to public authorities'' 
remained pending before an appeals court.
    During the year security forces often harassed journalists and 
sometimes physically and verbally threatened them; there were also 
reports of government ministers and other senior officials threatening 
journalists who were critical of the Government.
    For example, in February Radio N'deke Luka journalist Jean-Magloire 
Issa was threatened and beaten by presidential guard member Olivier 
Koudemon, who accused the journalist of refusing to stop for the 
presidential motorcade as it passed through Bangui.
    Arbitrary arrest and detention remained a problem.
    On January 11, authorities arrested Faustin Bambou, editor of Les 
Collines de Bas-Oubangui, after he reported that two government 
ministers had embezzled almost seven billion CFA francs (approximately 
$14 million) from French nuclear company AREVA. Bambou was detained 
without charge for several days and then tried and convicted on 
defamation charges, despite protests from local and international 
journalists who noted that press offenses were decriminalized in 2005. 
He was sentenced to six months in jail but released after spending 44 
days in prison following a presidential pardon in March.
    In March Patrick Agoudou of the newspaper La Plume was arrested and 
detained for four days at the SRI for publishing an editorial on a 
controversy surrounding the country's football federation. He was later 
released without charges.
    In June Ferdinand Samba, the editor of the private newspaper Le 
Democrate, was summoned for three consecutive days to the SRI and 
questioned about an article critical of the justice minister. He was 
charged with defamation and given a six-month suspended sentence 
following his trial.
    There were no further developments in the case of former Radio 
N'Deke Luka journalist Zephirin Kaya, who was harassed in 2007 
following his reports on abuses against civilians by government forces.
    Imprisonment for defamation and censorship was abolished in 2005; 
however, journalists found guilty of libel or slander faced fines of 
100,000 to eight million CFA francs (approximately $200 and $16,000) 
and were on occasion arrested and detained.
    The law provides for imprisonment and fines of as much as one 
million CFA francs (approximately $2,000) for journalists who use the 
media to incite disobedience among security forces or incite persons to 
violence, hatred, or discrimination. Similar fines and imprisonment of 
six months to two years may be imposed for the publication or broadcast 
of false or fabricated information that ``would disturb the peace.''
    The Ministry of Communications maintained a ban on the diffusion by 
media of songs, programs, or articles deemed to have a ``misogynist 
character'' or to disrespect women.
    Unlike in the previous year there were no reports that violence 
perpetrated by former pro-Bozize rebel fighters, forces loyal to former 
president Patasse, and armed bandits prevented Bangui-based reporters 
from venturing outside the capital.

    Internet Freedom.--There were no reports that the Government 
monitored e-mail or Internet chat rooms. Although less than 1 percent 
of the population had access to the Internet, individuals and groups 
could engage in the peaceful expression of views via the Internet, 
including by e-mail.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of assembly; 
however, the Government restricted this right on a few occasions. 
Organizers of demonstrations and public meetings were required to 
register with the minister of the interior 48 hours in advance; 
political meetings in schools or churches were prohibited. Any 
association intending to hold a meeting was required to obtain the 
Ministry of Interior's approval. In some cases the ministry refused 
permission ``for security reasons.''
    Unlike in the previous year there were no reports that the 
Government monitored opposition meetings.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right. All 
associations, including political parties, must apply to the Ministry 
of Interior for registration, and the Government usually granted 
registration expeditiously. The Government normally allowed 
associations and political parties to hold congresses, elect officials, 
and publicly debate policy issues without interference, except when 
they advocated sectarianism or tribalism.
    A law prohibiting nonpolitical organizations from uniting for 
political purposes remained in place; however, there were no reports 
that this law was enforced during the year.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, although it prohibits what the Government considers to be 
religious fundamentalism or intolerance and establishes fixed legal 
conditions based on group registration with the Ministry of Interior. 
The Government generally respected the right during the year. The 
constitutional provision prohibiting religious fundamentalism was 
understood widely to be aimed at Muslims, who made up approximately 10 
percent of the population, but this provision has not been implemented 
by enabling legislation.
    Religious groups (except for traditional indigenous religious 
groups) were required by law to register with the Ministry of Interior. 
The ministry's administrative police monitored groups that failed to 
register; however, police did not attempt to impose any penalties on 
such groups during the year. 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.
    In September 2007 the Government banned the church ``Eglise Jehova 
Sabaoth,'' led by Reverend Ketafio, and maintained the ban during the 
year. According to the Ministry of Interior, the pastor was using false 
documents and diplomas, following an investigation into his mass 
healings and other public events. Despite the ban, the pastor continued 
to preach from his home during the year.
    Mobs reportedly continued to kill and injure persons suspected of 
being sorcerers or witches during the year. Police often arrested and 
detained persons accused of witchcraft or sorcery.

    Societal Abuses and Discrimination.--There was no significant 
Jewish community, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement, foreign travel, emigration, and repatriation; however, the 
Government restricted freedom of movement and foreign travel during the 
year. 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, 
although these roadblocks had decreased significantly by year's end.
    During the year police continued to stop and search vehicles, 
particularly in Bangui, in what amounted to petty harassment in search 
of bribes. Local human rights organizations and UN officials said the 
problem of illegal road barriers and petty extortion by members of the 
military was widespread, but had decreased from the previous year. 
During the year merchants and traders traveling the more than 350 mile 
main route from Bangui to Bangassou encountered an average of 25 
military barriers; at each roadblock, a motorist paid an average fee of 
8,781 CFA francs (approximately $18). This extortion greatly 
discouraged trade and road travel and severely crippled the country's 
economy. Following protests from National Assembly deputies and human 
rights organizations, the Government ordered the demolition of illegal 
barriers on the roads and set up a team to travel the country and 
enforce the prohibition of illegal or extrajudicial roadblocks in late 
2007. These efforts led to far fewer reports of harassment and petty 
bribes during the year, though there remained sporadic reports of such 
harassment.
    Freedom of movement, including of traders and delivery trucks, was 
also severely impeded in conflict zones, though roadblocks and other 
blockages decreased in number throughout the year.
    With the exception of diplomats, the Government required that all 
foreigners obtain an exit visa. 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 constitution does not permit the use of exile, and the 
Government did not employ it in practice. Former president Patasse, 
convicted in absentia for embezzlement, remained outside the country 
during the year.

    Internally Displaced Persons (IDPs).--Sporadic fighting between 
government forces and rebel groups, attacks on civilians by rebels, and 
armed banditry prevented the approximately 101,000 persons still 
displaced since 2006 from returning to their homes.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government accepted refugees without 
subjecting them to individual screening.
    The Government continued to cooperate with the UNHCR and other 
humanitarian organizations in assisting approximately 9,500 refugees in 
the country.
    During the year security forces subjected refugees, as they did 
citizens, to arbitrary arrest and detention. Refugees were especially 
vulnerable to such human rights violations. The Government allowed 
refugees freedom of movement, but like citizens, they were subject to 
roadside stops and harassment by security forces and unidentified armed 
groups. Refugees' access to courts, public education, and basic public 
health care was limited by the same factors that limited citizens' 
access to these services.
    Several international organizations worked with the Government and 
UNHCR to assist refugees during the year. They included the ICRC, 
Doctors without Borders, Caritas, and the international NGO 
International Cooperation (COOPI).
Section 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 
presidential and legislative elections in 2005, which election 
observers considered to be generally free and fair, despite some 
irregularities.

    Elections and Political Participation.--In 2005 the country held 
two rounds of multiparty presidential and legislative elections that 
resulted in the election of General Francois Bozize as president; 
Bozize had seized power in a 2003 military coup, declared himself 
president, and headed a transitional government until the 2005 
elections. Domestic and international election observers judged the 
elections to be generally free and fair, despite irregularities and 
accusations of fraud made by candidates running against Bozize.
    The state remained highly centralized. The president appointed all 
regional government officials, who led the country's 16 prefectures and 
60 subprefectures, and regional government entities had no significant 
fiscal autonomy. Despite a constitutional requirement that he do so by 
2007, the president did not call for municipal elections for the second 
consecutive year, citing lack of government resources.
    In September the Government passed an amnesty law allowing several 
former ministers and rebel leaders previously under indictment to 
return to the country.
    In December the Government hosted a political dialogue with the 
opposition parties, rebel groups, civil society groups, and outside 
mediators with the goal to end rebellion in the northeast and northwest 
and bring all political and military parties to the negotiating table. 
All of the major political and rebel leaders attended the dialogue and 
recommended a new consensus government. While President Bozize pledged 
to implement the recommendations, by year's end the consensus 
government had not been formed.
    During the year the Ministry of Interior granted a license to a new 
political party, the New Alliance for Progress (NAP) founded by former 
minister of defense Jean-Jacques Demafouth, who was also the head of 
the rebel group APRD. Demafouth remained in self-imposed exile in 
France for much of the year, before returning for the political 
dialogue in December. With tacit government support, Demafouth toured 
several prefectures in the northwest.
    The Government continued to bar opposition parties' access to 
public radio in order to broadcast their views on national issues.
    During the year the LCDH continued to criticize President Bozize 
for holding the position of minister of defense on the grounds that the 
constitution prohibits the president from holding ``any other political 
function or electoral mandate''; however, government officials said 
this criticism was based on a misinterpretation of the constitution. 
After political activist Zarambaud Assingambi filed a complaint with 
the Constitutional Court, the court ruled in June that it was not 
competent to try the case.
    According to recommendations from a 2003 government-sponsored 
national dialogue, women are to occupy 35 percent of posts in 
government ministries and political parties; however, this provision 
was not respected during the year. There were 10 women in the 105-seat 
National Assembly and four in the president's 27-person cabinet. There 
were no laws prohibiting women from participating in political life, 
but most women lacked the financial means to compete in political 
races.
    There were two members of the M'bororo ethnic group and 
approximately 13 Muslims in the National Assembly.
    Pygmies (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.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement these laws effectively, and officials often engaged in 
corrupt practices with impunity. Misappropriation of public funds and 
corruption in the Government remained widespread. The World Bank's 
Worldwide Governance Indicators reflected that government corruption 
was a severe problem.
    The Government continued some efforts to combat corruption. For 
example, the customs service, which was dissolved in 2006, was 
subsequently reestablished with strengthened safeguards. To combat 
fraud and improve tax collection, the Ministry of Finance created in 
April the Joint Financial Intervention Unit and the Illegal Detection 
and Fraud Company (SODIF). There was occasional confusion regarding the 
roles of these entities and the customs service, and private businesses 
remained concerned by evidence of corruption within the customs service 
and other parts of the Government. During the year SODIF's efforts to 
carry out its mandate created some controversy.
    The Government continued its campaign against embezzlement, money 
laundering, and other forms of financial fraud.
    In June the Government canceled its contract with Unitec-Benin, the 
private company charged with collecting import taxes in the port of 
Douala, Cameroon, on grounds of poor performance. The contract was 
awarded to another company. However, inefficiency and corruption by 
customs service officials remained a major complaint among importers 
and exporters in the country.
    The president continued to chair weekly committee meetings to 
combat fraud in the treasury. On March 31, Prime Minister Touadera set 
up a national committee to fight corruption that included 
representatives from the Government, trade unions, NGOs, private 
sector, religious organizations, and the media. The committee's 
investigations during the year resulted in the arrest of 19 senior 
civil servants in the tax division of the Ministry of Finance. At 
year's end the investigations were ongoing.
    Former president Patasse, who was sentenced in absentia in 2007 for 
embezzlement, was pardoned under the September amnesty law, and he 
returned to the country in December to take part in the political 
dialogue. At year's end he had returned to Togo but pledged to return 
and planned to run again for the leadership of the Movement for the 
Liberation of the Central African People political party.
    According to the constitution, senior members of executive and 
legislative branches and the courts are required to declare publicly 
their personal assets; however, during the year no government officials 
made such declarations.
    The law provides for access by journalists to ``all sources of 
information, within the limits of the law;'' however, it does not 
specifically mention government documents or government information, 
and no mention is made of access by the general public. The Government 
often was unable or unwilling to provide information, and lack of 
access to information continued to be a problem for journalists and the 
general public. Furthermore, years of instability and conflict made 
information difficult to collect even for the Government, particularly 
in the countryside. Information on the humanitarian situation, for 
example, was difficult to obtain and sometimes contradictory.
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. Government officials met with local NGOs during the 
year, but at least one local NGO reported that the Government was not 
responsive. Government officials continued to criticize local NGOs 
publicly for their reports of human rights violations that security 
forces committed.
    A few NGOs were active and had a sizable impact on the promotion of 
human rights. Some local NGOs, including the LCDH, the Human Rights 
Observatory, the anti-torture NGO ACAT, and the Association of Women 
Jurists, actively monitored human rights problems; worked with 
journalists to draw attention to human rights violations, including 
those committed by the army; pleaded individual cases of human rights 
abuses before the courts; and engaged in efforts to raise the public's 
awareness of citizens' legal rights. However, the unrest and economic 
dislocation the country experienced in recent years continued to impede 
the activities of NGOs and limited their area of work almost 
exclusively to Bangui.
    Citing an August statement made by the president of the National 
Assembly, local human rights NGOs reported that some officials viewed 
them as spokespersons for opposition political parties. They also 
reported several cases of harassment by officials during their fact-
finding visits within the country.
    Bernadette Sayo, the founder of the Organization for Compassion and 
Development for Women in Distress (OCODEFAD), formed by victims of the 
widespread rapes that took place in 2002-03, was appointed minister of 
tourism during the year. She reported that security forces continued to 
harass her and her children for her activist views, even after her 
appointment to a ministerial post. The new coordinator for OCODEFAD 
also reported several incidents of minor harassment by authorities.
    International human rights NGOs and international organizations 
operated in the country without interference from the Government, and 
they increased in number during the year. Armed groups sporadically 
targeted the small number of humanitarian workers operating in the 
northwest, stopping their vehicles and robbing them. The northwest and 
the northeastern Vakaga areas were occasionally inaccessible to NGOs, 
although the levels of fighting and insecurity decreased from the 
previous year.
    During the year Philip Alston and representatives from HRW visited 
the country and met with human rights organizations and the country's 
officials, including President Bozize. He also traveled upcountry on a 
fact-finding trip. At a press conference at the close of his visit, he 
noted a decrease in reports of extrajudicial executions but expressed 
his concern regarding impunity in the ranks of the military, 
particularly the presidential guard.
    During the year BONUCA continued to monitor human rights practices, 
assist the Government in capacity building, sensitize the public to 
human rights, conduct visits to prisons and detention centers, and 
conduct human rights training for hundreds of government security 
agents. Although based in Bangui, BONUCA maintained three field offices 
in the countryside. In response to local and international criticism 
for its refusal to report publicly its findings, BONUCA issued its 
first public report on human rights abuses for the first quarter of the 
year in August.
    The High Commission of Human Rights and Good Governance, attached 
to the presidency, has in the past investigated citizen complaints of 
human rights violations committed by members of the Government, and 
occasionally forwarded cases to the Ministry of Justice for possible 
prosecution. The commission was without a head for six months before 
the appointment of El Hadj Abacar Nyakanda in mid-year, and there was 
little evidence of the commission's work during the year. The 
commission claimed not to have adequate staffing or financial resources 
and lacked the means to train its investigators properly. Some human 
rights observers noted that it acted more as a spokesperson for the 
Government than an office promoting human rights.
    A human rights commission in the National Assembly sought to 
strengthen the capacity of the legislature and other government 
institutions to advance human rights, but it also had few resources.
    The ICC continued its investigation into crimes committed in the 
country in 2002-03 by the previous government and by soldiers under the 
command of Jean Pierre Bemba, then a Congolese rebel leader. In May 
Bemba was arrested in Brussels and was awaiting trial in The Hague at 
year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution stipulates that all persons are equal before the 
law without regard to wealth, race, disability, or gender. The 
Government did not enforce these provisions effectively, and 
significant discrimination existed.

    Women.--The law prohibits rape, although it does not specifically 
prohibit spousal rape. Rape is punishable by imprisonment with hard 
labor, but the law does not specify a minimum sentence. Police 
sometimes arrested men on charges of rape. Nevertheless, the Government 
did not enforce the law effectively, and the social stigma induced many 
families to avoid formal court action.
    Although the law does not specifically mention spousal abuse, it 
prohibits violence against any person and provides for penalties of up 
to 10 years in prison. Domestic violence against women, including wife 
beating, was reportedly common. Spousal abuse was considered a civil 
matter unless the injury was severe. According to the Association of 
Women Jurists, a Bangui-based NGO specializing in the defense of 
women's and children's rights, victims of domestic abuse seldom 
reported incidents to authorities. When incidents were addressed, it 
was done within the family or local community. 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 financial security for themselves and their children. 
According to a June UN report for the area surrounding Bambari, 15 
instances of gender-based violence were reported in that month alone.
    The law does not prohibit prostitution; however, it prohibits 
coercing someone into prostitution or profiting from the prostitution 
of another. Prostitution continued to exist, mostly among young women 
and occasionally among men. The law imposes fines and imprisonment for 
three months to one year for sexual procurement (including assisting in 
prostitution). For cases involving a minor, the penalty is one to five 
years of imprisonment.
    The law prohibits sexual harassment; however, the Government did 
not effectively enforce the law, and sexual harassment was a problem.
    The law does not discriminate against women in inheritance and 
property rights, but a number of discriminatory customary laws often 
prevailed, and women's statutory inheritance rights often were not 
respected, particularly in rural areas. The family code further 
strengthened women's rights, particularly in the courts, but access to 
the judicial system remained very limited throughout the country.
    Women were treated as inferior to men both economically and 
socially. Single, divorced, or widowed women, including those with 
children, were not considered heads of households. Only men were 
entitled to family subsidies from the Government. 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, remained limited. 
Some women did report economic discrimination in access to credit due 
to lack of collateral.
    Polygamy is legal, although it is rarely practiced due to both 
widespread Christian religious beliefs in monogamous marriage and 
growing resistance among educated women. The law allows 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. The family code obliges 
the use of bride payments, but it neither requires them nor sets a 
minimum payment amount. Women who were educated and financially 
independent tended to seek monogamous marriages. Divorce is legal and 
can be initiated by either partner.
    The Association of Women Jurists advised women of their legal 
rights and how best to defend them and filed complaints with the 
Government regarding human rights violations. During the year several 
women's groups organized workshops to promote women's and children's 
rights and encourage women to participate fully in the political 
process.

    Children.--The Government spent very little money on programs for 
children, and churches and NGOs had relatively few youth programs.
    The registration of births was inadequate, and unregistered 
children faced limitations in their access to education and other 
social services. According to the UNICEF country report for the year, 
total birth registration was 73 percent, with 88 percent of children 
registered in urban areas and 63 percent in rural areas. Registration 
of births in conflict zones was likely lower than in other, 
particularly urban, areas.
    Education is compulsory for six years; tuition is free, but 
students must pay for their own books, supplies, transportation, and 
insurance. Approximately 75 percent of children started school, but 
many did not complete the first six years of primary school education. 
Girls did not have equal access to primary education; 65 percent girls 
were enrolled in the first year of school, but only 23 percent of girls 
finished the six years of primary school, according to a 2007 UN 
Educational, Scientific and Cultural Organization (UNESCO) study. At 
the secondary level, a majority of girls dropped out at age 14 or 15 
due to societal pressure to marry and bear children.
    Few, if any, Pygmies attended primary school during the year. Some 
local and international NGOs, including COOPI, made efforts to increase 
Pygmy (Ba'Aka) enrollment in schools, although there were no reports of 
significant government assistance to these efforts.
    The law criminalizes parental abuse of children under the age of 15 
years, and child abuse and neglect was widespread although rarely 
recognized as such due to economic poverty. A juvenile court tried 
cases involving children and provided counseling services to parents 
and juveniles during the year.
    There are no statutory rape laws protecting adolescent minors or 
children.
    The law prohibits FGM, which is punishable by up to 10 years' 
imprisonment; nevertheless, girls were subjected to this traditional 
practice in certain rural areas and, to a lesser degree, in Bangui. 
According to the Association of Women Jurists, anecdotal evidence 
suggested that the FGM rates declined in recent years as a result of 
efforts to familiarize women with the dangers of the practice.
    The law establishes 18 as the minimum age for civil marriage; 
however, an estimated 57 percent of children were married before the 
age of 18, according to UNICEF data collected between 1987 and 2005.
    The country's instability had a disproportionate effect on 
children, who accounted for almost 50 percent of IDPs during the year.
    Child labor, including forced labor, was widespread.
    Some young women and girls reportedly engaged in prostitution for 
survival without third party involvement, although no data were 
available to indicate how common this practice was.
    There were more than 6,000 street children between the ages of five 
and 18, including 3,000 in Bangui, according to the Ministry of Family 
and Social Affairs. Many experts believed that HIV/AIDS and a belief in 
sorcery, particularly in rural areas, contributed to the large number 
of street children. An estimated 110,000 children have lost one or both 
parents to HIV/AIDS, and children accused of sorcery (often reportedly 
in connection to HIV/AIDS-related deaths in their neighborhoods) often 
were expelled from their households.
    There were NGOs specifically promoting children's rights, including 
some, such as Voix du Coeur, which assisted street children.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports of persons being 
trafficked, although NGOs and government officials said that 
trafficking in persons was not widespread. During the year no action 
was taken on a draft National Assembly law criminalizing the 
trafficking of women and children.
    Traffickers can be prosecuted under laws against slavery and sexual 
exploitation, labor code violations, and mandatory school age laws. In 
addition specific laws that address prostitution have been used in 
recent years to punish those who trafficked women for the purposes of 
prostitution.
    The country was a source, transit, and destination point for men, 
women, and children trafficked for the purpose of forced labor and 
sexual exploitation. The majority of victims were children trafficked 
within the country for sexual exploitation, domestic servitude, forced 
labor in agriculture, mining, and restaurants. Victims were also 
trafficked to Cameroon, Nigeria, and the DRC. Children were also 
trafficked into the country from Rwanda. Little concrete data existed 
on the extent of the problem.
    There were reports that rebel forces abducted children and 
conscripted them as soldiers. Villagers subjected Pygmies, who were 
unable to survive as hunters because of depleting forests, to forced 
agricultural labor.
    During the year there were reports that trafficked children were 
forced into domestic servitude and commercial labor activities, such as 
street vending and agricultural work. In recent years there were 
reports that children were trafficked into the country and that members 
of the foreign Muslim community from Nigeria, Sudan, and Chad forced 
them to work. There were also reports that merchants, herders, and 
other foreigners doing business in and transiting the country 
trafficked girls and boys into the country. Child trafficking victims 
were not afforded the benefit of a formal education, despite the 
mandatory school age, and worked without remuneration. There was 
anecdotal evidence of sexual exploitation of girls in Bangui.
    Some girls entered prostitution to earn money for their families, 
both as commercial sex workers and more informally as steady mistresses 
to wealthy clients.
    Using laws prohibiting kidnapping, in February the Government 
started prosecuting three suspected traffickers for allegedly selling a 
three-year-old Guinean girl. At year's end the trial had been delayed.
    In December a man was arrested for attempting to sell his infant 
daughter; the man was not prosecuted, however, as he had not completed 
the sale and the girl was returned to her mother.
    Neither the Government nor the NGOs operated shelters providing 
care to trafficking victims, and there were no known NGOs specifically 
working to combat trafficking. The Government did not monitor 
immigration or emigration patterns for evidence of trafficking and it 
did not investigate trafficking cases or implement procedures to 
identify trafficking victims among vulnerable populations, or rescue 
and provide care to victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip/.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities, although this prohibition is not 
written into the constitution. There was no codified or societal 
discrimination against persons with disabilities. However, there were 
no legislated or mandated accessibility provisions for persons with 
disabilities, and such access was not provided in practice. The 
Government had not developed a national policy or strategy to provide 
assistance to persons with disabilities. Approximately 10 percent of 
the country's population had disabilities, mostly due to polio, 
according to the 2003 census. 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 Family and Social Affairs.
    The Ministry of Family and Social Affairs continued to work with 
the NGO Handicap International during the year to provide treatment, 
surgeons, and prostheses to persons with disabilities. For example, a 
physiotherapy center for persons with disabilities continued to operate 
in Dekoa.

    National/Racial/Ethnic Minorities.--The M'bororo and Goula ethnic 
groups continued to suffer disproportionately from the civil disorder 
in the north.
    Tensions among the resident Chadian community, who number in the 
thousands and who have resided in the country for generations, were 
less apparent during the year.

    Indigenous People.--Despite constitutional protections, there was 
societal discrimination against Pygmies (Ba'Aka and Baninga) the 
earliest known inhabitants of the rain forest in the southern part of 
the country. Pygmies constituted approximately 1 percent of the 
country's population. They continued to have little say in decisions 
affecting their lands, culture, traditions, and the allocation of 
natural resources. Forest-dwelling Ba'Aka, in particular, were subject 
to social and economic discrimination and exploitation, which the 
Government has done little to prevent. Despite repeated promises, the 
Government took no steps to issue and deliver identity cards to 
Pygmies, lack of which, according to many human rights groups, 
effectively denied them access to greater civil rights.
    The Ba'Aka and Babinga, including children, often were coerced into 
agricultural, domestic, and other types of labor. They often were 
considered to be the slaves of other local ethnic groups, and when they 
were remunerated for performing labor, their wages were far below those 
prescribed by the labor code and lower than wages paid to members of 
other groups.
    During the year COOPI continued to promote the rights of the Ba'Aka 
and Babinga by monitoring discrimination and seeking to increase their 
access to public services by helping them acquire birth certificates. 
Refugees International reported in recent years that Pygmies were 
effectively ``second-class citizens'' and that the popular perception 
of Pygmies as barbaric, savage, and subhuman seemingly had 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 persisted during the year, 
and many citizens attributed the existence of homosexuality to undue 
Western influence.
    Persons living with HIV/AIDS were also subject to discrimination 
and stigma, though less so as NGOs and UN agencies raised awareness 
about the disease and available treatments. Nonetheless, many 
individuals living with HIV/AIDS did not disclose their status for fear 
of social stigma.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all workers, except 
for senior level state employees and security forces, including the 
military and gendarmes, to form or join unions without prior 
authorization; however, only a relatively small part of the workforce, 
primarily civil servants, exercised this right. 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. The Government generally 
respected these rights in practice.
    The labor code requires that union officials be full-time wage-
earning employees in their occupation and allows them to conduct union 
business during working hours as long as the employer is informed 48 
hours in advance and provides authorization. A person who loses the 
status of worker, either through unemployment or retirement, can belong 
to a trade union and participate in its administration.
    Workers have the right to strike in both the public and private 
sectors, and they exercised this right during the year; however, 
security forces, including the military and gendarmes, are prohibited 
from striking. To be legal, strikes must be preceded by the union's 
presentation of demands, the employer's response to these demands, a 
conciliation meeting between labor and management, and a finding by an 
arbitration council that union and employer failed to reach agreement 
on valid demands. The union must provide eight days' advance written 
notification of a planned strike. The law 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. The 
Government has the authority to end strikes by invoking the public 
interest. The code makes no other provisions regarding sanctions on 
employers for acting against strikers.
    In January and February government workers went on strike for two 
months to protest the Government's inability to pay salaries. The 
payment of a portion of the arrears resolved the strike, but the 
arrears remained a significant obstacle.

    b. The Right to Organize and Bargain Collectively.--The labor code 
provides that unions may bargain collectively in the public and private 
sectors, and provides workers protection from employer interference in 
the administration of a union. 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.
    The country's largest single employer was the Government, and 
government employee trade unions were especially active. In the civil 
service, the Government set wages after consultation, but not 
negotiation, with the unions, and public sector unions have protested 
the Government's refusal to implement seasonal and annual raises. 
Salary arrears continued to be a severe problem for military personnel 
and the country's 24,000 civil servants. The Government owed its 
employees up to six months of salary arrears from the beginning of the 
Bozize administration, or up to 46 months of salary arrears taking into 
account previous administrations over the last 20 years.
    The law expressly forbids antiunion discrimination. Employees can 
have their cases heard in the labor court. The law does not state 
whether employers found guilty of antiunion discrimination were 
required to reinstate workers fired for union activities, although 
employers found guilty of such discrimination were required to pay 
damages, including back pay and lost wages.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Although the labor 
code specifically prohibits forced or compulsory labor, there were 
reports that such practices occurred. Women and children were 
trafficked for forced labor, usually in households and for domestic 
chores and cooking, and sexual exploitation. Prisoners were reportedly 
forced to work on public works projects without compensation for 
government officials or magistrates; the prisoners often received 
shortened sentences for doing so. Pygmies, including children, often 
were coerced into labor as day laborers, farm hands, or other unskilled 
labor, and often treated as slaves.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code's prohibition of forced or compulsory labor applies to 
children, although they are not mentioned specifically. Other 
provisions of the labor code forbid the employment of children younger 
than 14 years of age; however, the Ministry of Labor and Civil Service 
did not enforce these provisions. Child labor was common in many 
sectors of the economy, especially in rural areas, and forced labor 
also occurred. At times child labor was employed on public works 
projects and at the residences of government officials and magistrates. 
The labor code provides that the minimum age for employment could be as 
young as 12 for some types of light work in traditional agricultural 
activities or home services. The law prohibits children younger than 18 
years old from performing hazardous work or working at night; however, 
children continued to perform hazardous work during the year. The labor 
code does not define the worst forms of child labor.
    Reliable statistics on child labor were not available; however, 
according to data collected by UNICEF in surveys between 1999 and 2005, 
approximately 57 percent of children between the ages of five and 14 
were involved in child labor activities. UNICEF considered a child to 
be involved in labor activities according to the following 
classification: children five to 11 years old who, during the week 
preceding the survey, did at least one hour of economic activity or at 
least 28 hours of domestic work; and children 12 to 14 years old who, 
during the week preceding the survey, performed at least 14 hours of 
economic activity, or at least 42 hours of economic activity and 
domestic work combined.
    Throughout the country, children as young as seven frequently 
performed agricultural work. Children often worked as domestic workers, 
fishermen, and in mines (often in dangerous conditions). International 
observers noted that children worked in the diamond fields alongside 
adult relatives. The mining code specifically prohibits child or 
underage labor; however, this requirement was not enforced by 
authorities during the year and many children were seen working in and 
around diamond mining fields. In Bangui, many of the city's 3,000 
street children worked as street vendors.
    During the year rebel groups recruited and used child soldiers. 
(See Section 1.g.)
    The Government had few resources to enforce the prohibition against 
forced labor or child labor laws. Salary arrears and the lack of 
personnel training severely impeded its enforcement capacity.
    Although international organizations, local NGOs, and labor unions 
have called for more attention to the rehabilitation and reintegration 
of former child laborers and street children, the country had only two 
centers-both located in Bangui-that addressed the problem.

    e. Acceptable Conditions of Work.--The labor code states that the 
minister of labor must set minimum wages in the public sector by 
decree. The minimum wage varies by sector and by kind of work. For 
example, the monthly minimum wage was equivalent to approximately 8,500 
CFA francs (approximately $17) for agricultural workers and 
approximately 26,000 CFA francs (approximately $52) for office workers. 
The minimum wages did not provide a decent standard of living for a 
worker and family, although wage levels were raised during the year. 
The law applies to foreign and migrant workers as well. Most labor was 
performed outside the wage and social security system (in the vast 
informal sector), 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 52 hours per week. The law also requires a minimum rest 
period of 48 hours per week, for both citizens and foreign and migrant 
workers. Overtime policy varied according to the workplace; violations 
of overtime policy were taken to the Ministry of Labor, although it is 
unknown whether this occurred in practice during the year.
    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. 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. There are no exceptions for foreign and migrant workers.

                               __________

                                  CHAD

    Chad is a centralized republic with a population of approximately 
10 million. In 2006 citizens reelected President Idriss Deby, leader of 
the Patriotic Salvation Movement (MPS), to a third term in what 
unofficial observers characterized as an orderly but seriously flawed 
election boycotted by the opposition. Deby has ruled the country since 
taking power in a 1990 coup. Political power remained concentrated in 
the hands of a northern oligarchy composed of the president's Zaghawa 
ethnic group and its allies. The executive branch dominated the 
legislature and judiciary. Despite 2006 and 2007 peace accords with 
rebel groups, fighting between the Government and rebels continued and 
resulted in civilian deaths and the widespread destruction of homes and 
property during the year. Rebels attacked N'Djamena in February, as 
well as locations in the east in June. The Government supported 
Sudanese rebels. Violent interethnic conflict, banditry, and cross-
border raids by Darfur-based militias continued. Civilians were killed, 
and an estimated 185,000 have been internally displaced as a result of 
violence. Approximately 250,000 Sudanese refugees who had fled from 
violence in Darfur lived in camps along the border. On March 15, the 
European Union Force (EUFOR) in Chad, whose mandate includes protecting 
civilians, including internally displaced persons (IDPs) and refugees, 
and facilitating the delivery of humanitarian assistance in the east, 
reached operational capacity. Civilian authorities did not maintain 
effective control of the security forces.
    The Government's human rights record deteriorated in comparison 
with the previous year. Human rights abuses included limitation of 
citizens' right to change their government; extrajudicial killings; 
politically motivated disappearances; torture and rape by security 
forces; security force impunity; harsh and life-threatening prison 
conditions; arbitrary arrest and detention; incommunicado detention; 
lengthy pretrial detention; denial of a fair public trial; executive 
interference in the judiciary; arbitrary interference with privacy, 
family, and correspondence; use of excessive force and other abuses in 
internal conflict, including killings and use of child soldiers; limits 
on freedom of speech, press, and assembly, including harassment and 
detention of journalists; widespread official corruption; obstruction 
of the work of nongovernmental organizations (NGOs); violence and 
societal discrimination against women, including the widespread 
practice of female genital mutilation (FGM); child abuse and 
trafficking; ethnic-based discrimination; repression of union activity; 
forced labor; and exploitive child labor.
    Rebel groups, ethnic-based militias, Darfur-based militias, and 
bandits committed numerous human rights abuses. These abuses included 
killing, abducting, injuring, raping, and displacing civilians; attacks 
against and destruction of villages; use of child soldiers; and attacks 
against humanitarian 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 reports 
that the Government or its agents committed arbitrary or unlawful 
killings.
    There were reports of numerous killings of civilians by the 
Government, militias, and rebels during the year in connection with the 
country's internal conflict (See Section 1.g.).
    Security forces committed politically motivated killings and 
officially sanctioned extrajudicial killings of suspected criminals. 
Use of excessive force resulted in deaths. Security forces continued to 
kill civilians during apprehension and while in custody and killed 
demonstrators. The Government did not prosecute or punish members of 
the security forces who committed killings, although it established a 
commission of inquiry during the year to investigate abuses that 
occurred between January 28 and February 8 (See Section 1.g.).
    According to Human Rights Watch, the military killed civilians and 
burned villages in the Central African Republic (CAR) in support of 
nomadic Peuhls who drive their cattle across land used by farmers in 
CAR. For example, witnesses stated that on February 29, the military 
destroyed several villages in the area of Maitoukoulou, CAR.
    On June 29, security forces used excessive force in response to a 
confrontation in Kouno during which supporters of Sheikh Ahmet Ismael 
Bichara reportedly attacked security forces. Approximately 72 persons 
were killed during the confrontation, including an estimated 68 
supporters of Bichara and four gendarmes. Bichara had earlier called 
for a ``holy war'' against the Government and declined to negotiate 
with religious leaders from the High Council for Islamic Affairs (a 
government-sanctioned, nongovernmental body). Security forces detained 
Bichara, and he remained detained without charge at year's end.
    Security forces killed demonstrators (See Section 2.b.).
    There were no developments regarding the numerous reported 2006 and 
2007 killings by security forces.
    Unexploded ordnance and landmines laid by government, rebel, and 
foreign forces resulted in deaths (See Section 1.g.).
    Attacks by armed bandits increased during the year. Armed bandits 
continued to operate on many roads, assaulting, robbing, and killing 
travelers; some perpetrators were identified as active duty soldiers or 
deserters. Their targets included employees of foreign assistance 
organizations and NGOs (See Section 1.g.).
    On July 14, armed bandits between Koumogo and Sarh killed Tenebaye 
Oringar, a college professor. No suspects had been identified by year's 
end.
    On July 22, near the village of Djarwaye, armed bandits attacked a 
vehicle, killing one person and injuring another.
    On August 19, armed bandits shot at the car of General Secretary of 
the Ministry of Mines Oumar Abdoul Dabeh, killing him.
    No action was taken against the perpetrators of numerous 2006 and 
2007 attacks and killings by bandits.
    Interethnic fighting resulted in numerous deaths (See Section 
1.g.).

    b. Disappearance.--There continued to be reports of politically 
motivated disappearances and persons being held incommunicado during 
the year, particularly in relation to the country's ongoing conflict 
(See Section 1.g.).
    On February 3, security forces arrested opposition leaders Lol 
Mahamat Choua, Ngarlejy Yorongar, and Ibni Oumar Mahmat Saleh, 
according to the commission of inquiry. Saleh's whereabouts remained 
unknown at year's end (See Section 1.g.).
    There was additional information regarding the case of at least 16 
high-ranking army officers whom the Government detained in 2006. 
Although in 2006 government and human rights sources reported that 
Colonel Ahmat Ismat had been released, his whereabouts during 2007 and 
2008 were unknown. In April 2007 Colonel Abdoulaye Issakha Sarwa was 
released.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
the Government did not respect these provisions in practice. Members of 
the security forces tortured, beat, abused, and raped persons. Such 
practices also occurred in connection with the ongoing armed conflict 
(See Section 1.g.). The Government took no known action against 
security force members responsible for such abuse.
    No action was taken in reported 2006 or 2007 cases of security 
force abuse.
    Police, gendarmes, and Chadian National Army (ANT) personnel raped 
women.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening. Prisons were seriously overcrowded, had 
poor sanitation, and provided inadequate food, shelter, and medical 
facilities. As a result of inadequate record-keeping and management, 
many individuals remained in prison after completing their sentences or 
after courts had ordered their release.
    Local human rights organizations continued to report on the 
existence of military prisons and prisons run by the National 
Immigration Service, to which access was prohibited; they also reported 
on the existence of secret National Security Agency (ANS) and General 
Directorate of Security Services for National Institutions (DGSSIE) 
prisons. The NGO Chadian Association for the Promotion of Human Rights 
(ATPDH) reported, based on the statement of an escapee, the existence 
of a secret prison in Koro Toro in the department of Bourkou-Ennedi-
Tibesti. The Commission of Inquiry to examine disappeared persons and 
other abuses that occurred from January 28 to February 8 also found 
that secret detention centers existed. The commission visited the 
detention facility in Koro Toro and found that most of the detainees 
were children, that two persons were in shackles, and that the 
detainees had not been accorded due process.
    While the law provides that a doctor must visit each prison three 
times a week, this provision was not respected. The law authorizes 
forced labor in prison, but human rights organizations did not report 
that it occurred.
    Approximately 1,000 prison inmates escaped during the February 
rebel attack on N'Djamena. Some of the prisoners returned voluntarily 
to reduce the punishment they would have faced if apprehended; none of 
the others had been apprehended by year's end.
    Juvenile males were not always separated from adult male prisoners, 
and children were sometimes held with their inmate mothers. Pretrial 
detainees were held with convicted prisoners.
    The Government permitted the International Committee of the Red 
Cross (ICRC) to visit civilian prisons on a regular basis, and the ICRC 
conducted such visits during the year. The ICRC also visited illegal 
detention facilities under the control of the Ministry of Defense, 
Ministry of Interior, and the Presidency. The Government denied 
repeated requests by the ICRC for access to the Koro Toro detention 
facility. The Government provided ATPDH with a permanent authorization 
notice to visit civilian prisons at any time, without need to provide 
advance notice. Other NGOs, including human rights groups, were 
required to obtain authorization from a court or from the director of 
prisons; such authorizations depended largely on the personal 
inclinations of those with authority to grant permission. NGOs were not 
allowed access to military prisons.
    During the year a prison development committee whose members 
included government, UN, and NGO members was formed to address prison 
conditions.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, security forces often 
violated these provisions.

    Role of the Police and Security Apparatus.--The ANT, gendarmerie, 
national police, nomadic guard (GNNT), DGSSIE, and ANS are responsible 
for internal security.
    The ANT, gendarmerie, and GNNT report to the Ministry of Defense; 
the National Police report to the Ministry of Public Security and 
Immigration; the DGSSIE and ANS report to the president. Officers from 
President Deby's ethnic group and closely allied ethnic groups 
dominated the ANS. The DGSSIE's ethnic composition was mixed, but its 
officers were primarily Zaghawas. Security force impunity and 
corruption were widespread.
    The police force was centrally controlled, but exercising 
oversight, particularly outside N'Djamena, was difficult. Police 
generally enjoyed impunity. The police force was unable to improve 
internal security problems, including widespread banditry and arms 
proliferation. The Government continued to allow months to pass before 
it paid police salaries.
    As of November 7, the UN Mission in CAR and Chad (MINURCAT) had 
trained 428 police on the protection of refugees and displaced persons 
as part of an effort to facilitate the deployment of the police 
Integrated Security Division (DIS) to reduce insecurity in the eastern 
part of the country. An additional 120 started training before the 
year's end. Approximately 100 DIS members were deployed to the east as 
of November.
    On July 9, the minister of defense directed that all gendarme 
brigade commanders take a one-month training course on civil affairs, 
which included the topics of working peacefully with local populations 
and the proper role of gendarmes in law enforcement. A total of 924 
gendarmes received this training.
    Reports of widespread defection of government troops to rebel 
groups continued.
    Arrest and Detention.--Although the constitution and law require a 
judicial official to sign arrest warrants, the Government often did not 
respect this requirement, and secret detentions occurred. Detainees 
were not promptly informed of charges, and judicial determinations were 
not made promptly. The law requires access to bail and counsel, but 
neither was regularly provided. Incommunicado detention was a problem, 
and there were reports that persons held incommunicado were tortured. 
The constitution and law state that legal counsel should be provided 
for indigent defendants and that defendants should be allowed prompt 
access to family members and counsel; however, in practice this usually 
did not occur.
    On January 9, judiciary police arrested and detained Deuzombe 
Daniel Passalet from the local NGO Human Rights without Borders. He was 
released 72 hours later.
    Security forces arbitrarily arrested and reportedly tortured 
persons, particularly those suspected of collaborating with rebels (See 
Section 1.g.).
    Security forces arbitrarily arrested a journalist and a political 
party leader, as well as arbitrarily detained other civil society 
representatives.
    There were reports that the Government arrested numerous military 
defectors and members of their families, although specific information 
was unavailable.
    Lengthy pretrial detention remained a problem. Persons accused of 
crimes could be imprisoned for several years before being charged or 
tried, particularly those who were arrested in the provinces for 
felonies and transferred to prison in N'Djamena.
    There were no reported developments in the numerous 2007 cases of 
arbitrary arrest and detention.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judiciary was ineffective, 
underfunded, overburdened, vulnerable to intimidation and violence, and 
subject to executive interference. In practice government officials and 
other influential persons often enjoyed impunity. Members of the 
military continued to enjoy a particularly high degree of impunity. The 
Judiciary Police did not usually enforce domestic court orders against 
military members or those of the Zaghawa ethnic group, to which the 
president belongs.
    In March two colonels of the Zaghawa ethnicity forced landowner 
Moussa Pepe to turn over the title to his property at gunpoint. The 
court ruled in favor of the landowner in October; however, by year's 
end the decision had not been enforced.
    Members of the judiciary received death threats or faced demotion 
or removal from their positions for not acquiescing to pressure from 
officials.
    At the national level, a supreme court, constitutional court, and 
court of appeals exist; some of their members were appointed by the 
Government rather than elected by citizens as required by law, which 
weakened judicial independence. The constitutionally mandated High 
Court of Justice can try high ranking government officials whose cases 
are submitted by the National Assembly. Crimes committed by military 
members are to be tried by a military court; however, no such courts 
have been established.
    A special criminal court was established to try abuses committed 
under former president Hissein Habre.
    In 2006 the Government began a process to establish appeal courts 
in all principal cities outside N'Djamena. As of July magistrates were 
named to all these appeals courts. At the provincial level, there are 
appeals courts in N'Djamena, Moundou, Sarh, and Abeche.
    The constitution and law mandate that the Superior Council of 
Magistrates recommend judicial nominations and sanction judges who 
commit improprieties; however, continuing problems between the 
Government and magistrates prevented any sanctions from being 
considered or carried out.
    A five-judge judicial oversight commission has the power to conduct 
investigations of judicial decisions and address suspected miscarriages 
of justice. However, in contrast to the superior council, commission 
members are appointed by the president, which increased executive 
control over the judiciary and diminished the authority of the superior 
council. Parties to judicial cases can appeal to the commission.

    Trial Procedures.--Applicable law was sometimes confusing, as 
courts tended to blend the formal French-derived legal code with 
traditional practices, and customary law often superseded Napoleonic 
law in practice. Residents of rural areas often lacked 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. However, decisions can be appealed to a formal court.
    The law provides for a presumption of innocence; however, in 
practice many judges assumed a suspect's guilt, particularly in crimes 
involving rape or theft. Trials are public and use juries, except in 
politically sensitive cases. Defendants have the right to be present in 
court. They also have the right to consult an attorney in a timely 
manner; however, in practice detained persons were not always given 
access to counsel. The law states that indigents should be provided 
promptly with legal counsel, but this seldom occurred in practice. 
Human rights groups sought to improve this situation and sometimes 
provided free counsel themselves. Defendants, their lawyers, and judges 
are permitted by law to question witnesses. Defendants and their 
attorneys have access to government-held evidence relevant to their 
cases, except in politically sensitive cases. Defendants have the right 
to appeal decisions.
    The Muslim concept of dia, which involves a payment to the family 
of a crime victim, is based on the decision of local leaders and was 
practiced widely in northern Muslim areas. Non-Muslim groups, which 
supported implementation of a civil code, continued to challenge 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.
    During its August 12-15 session, the criminal court sentenced 11 
current rebel leaders and former president Hissene Habre to death in 
absentia. Among those sentenced to death were rebel leaders Mahamat 
Nouri, Tom Erdimi, Timan Erdimi, Ahmat Hassaballah Soubiane, and 
Abdoul-Wahid Aboud. Life sentences were pronounced for 31 other rebels. 
The court also ordered the confiscation of the property of the 
condemned.

    Political Prisoners and Detainees.--The Government held political 
detainees during the year, and human rights organizations were denied 
access to such persons.
    Civil Judicial Procedures and Remedies.--The judiciary reportedly 
was not always independent or impartial in civil matters, although 
specific information was not available. There are administrative and 
judicial remedies available such as mediation for alleged wrongs.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, but 
the Government conducted illegal searches and wiretaps and monitored 
private mail and e-mail. Security forces also regularly stopped 
citizens and extorted money or confiscated belongings.
    On February 10, security forces broke into a home in Abena and 
robbed three of its occupants.
    During the state of emergency from February 14 to March 15, city 
authorities in N'Djamena destroyed at least 1,000 homes located in 
several different neighborhoods; many were destroyed without due 
process. The Government stated that the homes were illegally built on 
government-owned land. In November a delegation of magistrates and 
attorneys asked the mayor to establish a commission regarding these 
cases and asserted that they should be handled through civil courts. 
The mayor stated that the matter was not under court jurisdiction and 
required a political solution.
    During the February rebel attack on N'Djamena, the Government 
ordered the temporary shutdown of cellular telephone networks. The 
Ministry of Interior banned the use of satellite telephones by private 
individuals in 2006. Military and police officials conducted searches 
for and confiscated satellite telephones from private individuals.
    There were reports of the recruitment of minors into the military 
(See Section 1.g.).
    There were occasions when police officers arrested family members 
of suspects.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Fighting between the Government and rebel groups continued and resulted 
in civilian deaths and the widespread destruction of homes and property 
during the year. While rebel attacks and government counterattacks 
occurred mainly along the eastern border with Sudan, rebels also 
attacked N'Djamena on February 2-3. From June 12 to 17, rebels attacked 
locations in the east and took temporary control of Goz Beida, Am Dam, 
and Biltine.
    A UN panel of experts found that the Government supported the 
Justice and Equality Movement (JEM), a Sudanese rebel group. The report 
noted open circulation of JEM vehicles and personnel in the east, most 
of JEM's support and resupply activities occurring in Chad, and joint 
ANT and JEM operations and resupply.
    The February 2-3 rebel attack on N'Djamena and the Government 
counterattack resulted in civilian deaths and the displacement of 
approximately 30,000 persons to Cameroon, and additional persons to 
Nigeria. Although most returned to the country by year's end, an 
estimated 14,000 remained in Cameroon.
    The Government declared a state of emergency from February 14 to 
March 15 that limited civil liberties including freedom of speech, 
movement, assembly, and the press. A curfew remained in place for 
N'Djamena and the six principal departments in the center and east of 
Chad from February 7 to March 15. On April 2, a government decree 
established a Commission of Inquiry to examine disappeared persons and 
other abuses that occurred from January 28 to February 8-the period 
before, during, and after the attack. The commission released a report 
on August 5 that stated that 977 persons including civilians, ANT, and 
rebels were killed, 1,758 injured, 34 raped, and 380 detained in 
N'Djamena and the provinces; however, there were no indications by 
year's end that the Government took judicial action against those 
responsible. The Government issued a reply to the commission's report 
and established an interministerial committee to look into the 
commission's findings.
    The October 2007 peace agreement, known as the Sirte accord, 
remained largely unimplemented; however, more than 1,500 former members 
of the Chad National Concord rebel group were reportedly integrated 
into the military in December 2007. On August 18, an annex to the Sirte 
accord was signed, and at least 22 members of the Forces of Change 
Gathering rebel group were subsequently integrated into the army. There 
was no further implementation of the 2006 government and United Front 
for Change peace accord during the year.
    Violent interethnic conflict, banditry, and cross-border raids by 
Darfur-based militias continued, as did interethnic attacks on villages 
in the eastern part of the country. Vast areas along the border with 
Sudan were not protected by the Government. Militias stole cattle and 
burned houses in unprotected villages, resulting in numerous deaths and 
the displacement of persons.
    In 2007 the UN Security Council authorized the deployment of EUFOR 
and a UN police training mission, known as MINURCAT, to protect 
civilians and promote human rights and the rule of law in eastern Chad 
and northeastern CAR. At year's end EUFOR had reached its operational 
capacity. As of October 31, 282 of the authorized MINURCAT 350 
uniformed officers had been deployed along with civilian personnel.

    Killings.--Government, militia, and rebel attacks and 
counterattacks resulted in numerous civilian deaths and injuries.
    The commission of inquiry found that during the February rebel 
attack on N'Djamena, the Government's aerial bombardment of rebel 
positions in civilian areas killed and injured civilians and caused 
large-scale civilian displacement.
    On February 2, in Arded Djoumal, 25-year-old student Ibrahim Moussa 
Korbol was reportedly shot and killed during the attack on N'Djamena.
    On February 2 and 3, gunfire and bombs from government helicopters 
killed numerous civilians including in the N'Djamena neighborhoods of 
Abena, Blabline, Chaguoua, and Diguel.
    Security forces continued to kill persons suspected of 
collaborating with rebel forces.
    On February 3, in the Mardjanedaffack neighborhood of N'Djamena, 
security forces reportedly killed two persons of the Ouddai ethnic 
group, accusing them of complicity with rebels.
    On February 23, in the N'Djamena neighborhood of Farcha, soldiers 
reportedly arrested and beat Adam Hassan and Bineye Mahamat, who were 
suspected of collaborating with rebels. They were found dead the 
following day.
    On February 6, near Farcha, soldiers reportedly killed three 
unidentified persons appearing to be of the Gorane ethnicity.
    There were no developments in the alleged 2007 security force 
killing of Ahmat Sougou, who was suspected of collaborating with armed 
rebels.
    Interethnic attacks on communities continued during the year, 
particularly in the east and the south.
    For example, on January 2, in Benoye, clashes between nomadic 
herders and sedentary populations resulted in one death.
    On February 5, in Batha, clashes between Nawala Arabs and Awada 
Arabs resulted in the deaths of 23 people.
    On July 2, in Biltine, fighting between nomadic herders and 
sedentary populations resulted in the deaths of three persons. The 
Ministry of the Interior sent officials to mediate the conflict, and 
the Government compensated the families for the deaths. There were no 
reports that authorities took judicial action against those responsible 
for the deaths.
    There were no reported developments regarding the 2006 or 2007 
ethnic clashes.

    Abductions.--On February 3, security forces arrested opposition 
leaders Lol Mahamat Choua, Ngarlejy Yorongar, and Ibni Oumar Mahamat 
Saleh, according to the commission of inquiry. Government forces 
released Lol Mahamat Choua on February 27 and placed him under house 
arrest. Yorongar claimed that he also had been detained by the 
Government and that he had been released on February 21; however, the 
commission of inquiry found contradictory testimony regarding the 
Government's role in his detention. The whereabouts of Saleh remained 
unknown at year's end.
    The Government captured at least 135 rebels, including children, 
during the February attack on N'Djamena; as of June none had been 
brought to trial. The whereabouts of these persons were unknown at 
year's end.
    On July 24, an American missionary who was abducted in October 2007 
by rebels in the Tibesti region was released.
    Recruitment of refugees and displaced persons into armed groups 
continued.
    There were no reported developments regarding Sudanese militiamen 
who abducted approximately 4,700 refugees from refugee camps in the 
east in 2006.

    Physical Abuse, Punishment, and Torture.--Security forces tortured, 
beat, arrested, detained, and abused numerous persons suspected of 
rebel activity or collaboration with rebels. The Government also 
arrested military defectors, some of whom had joined rebel groups.
    On February 8, security forces reportedly arrested and beat a 
shopkeeper from Mardjanedaffack who was suspected of rebel activity.
    On February 25, four teenagers were reportedly arrested and beaten 
by persons in military uniforms in Bololo. The security forces alleged 
that the teenagers collaborated with the rebels.
    There were developments in the November 2007 arrest of four army 
officers, the sultan and governor of Dar Tama, and one additional 
individual. On May 3, the sultan was released; the whereabouts of the 
others were unknown at year's end.
    Retribution against the families and villages of military defectors 
to rebel groups reportedly included the burning of homes, arrest and 
torture of family members, and destruction of crops and other property.
    Unexploded ordnance and landmines laid by government, rebel, and 
foreign forces resulted in civilian deaths. For example, on August 4, 
ordnance reportedly left from the February 2-3 rebel attack on 
N'Djamena exploded, killing four persons and injuring 30 in a market.
    Government and rebel forces raped civilians, according to the 
commission of inquiry.
    On February 10, in the N'Djamena neighborhood of Abena, a group of 
security force members assaulted and raped a pregnant woman, causing 
her to miscarry.
    Rapes also occurred during attacks on villages and also on and near 
IDP camps.

    Child Soldiers.--The law prohibits the use of child soldiers; 
however, child soldiers were used by the ANT, Chadian rebel groups, 
village self-defense forces, and armed groups from Sudan operating in 
the border region.
    According the UN Children's Fund (UNICEF) there were thousands of 
children in the ANT.
    Children were recruited from refugee camps along the eastern border 
by armed groups from both Chad and Sudan, including JEM.
    In May 2007 UNICEF negotiated an agreement with the Government to 
end recruitment of persons younger than age 18 into the army; however, 
in contrast to 2007 there were no reports of the ANT demobilizing 
children through the program.

    Other Conflict Related Abuses.--Armed groups and bandits attacked 
humanitarian workers. Insecurity hindered the ability of humanitarian 
organizations to provide services including food distribution to 
refugees and IDPs. Humanitarian organizations temporarily suspended or 
limited activities due to insecurity. During the year humanitarian 
vehicles were hijacked, numerous convoys were attacked and looted, and 
humanitarian offices were robbed. According to one estimate, there were 
111 assaults on aid workers, resulting in seven deaths between July 
2007 and June 2008.
    On May 1, armed men attacked a humanitarian convoy in Farchana and 
killed Pascal Marlinge, country director for the NGO Save the Children. 
No suspects had been identified by year's end.
    In June rebels looted the offices of aid agencies during the 
temporary rebel occupation of Goz Beida.
    On September 17, armed bandits in military uniforms stole equipment 
from and injured two staff members of the NGO International Relief and 
Development in Goz Beida.
    Violence increased the number of IDPs in the country from 180,000 
in 2007 to 185,000 as of August and caused thousands to flee to 
neighboring countries. The IDPs were largely the former residents of 
villages in the eastern prefectures of Salamat and Ouaddai. Some IDPs 
were forcibly displaced two or three times.
    Although the overall number of IDPs increased, there was a 
significant reduction in the number of persons newly displaced from 
their homes during the year in comparison to the two previous years. 
Attacks by janjaweed-like mounted raiders from Sudan, Chadian rebels, 
and Chadian ethnic militias, both Arab and non-Arab, occurred. These 
attacks occurred mostly in the area south of the Abeche-Adre road in 
the Dar Assongha and Dar Sila departments, in the prefectures of 
Salamat and Ouaddai.
    The February 2-3 rebel attack on N'Djamena and the Government 
counterattack resulted in the displacement of approximately 30,000 
persons to Cameroon and additional displacement of persons to Nigeria. 
Although most returned to the country by year's end, an estimated 
14,000 remained in Cameroon.
    The Government publicly acknowledged that its resources were 
directed toward fighting rebel groups and armed militias and that it 
could not protect or provide for the growing number of IDPs and 
refugees in the country. The Government allowed IDP access to 
humanitarian organizations and permitted them to accept assistance 
provided by these groups. Although UN and humanitarian organizations 
operated in the country during the year, lack of security reduced their 
ability to provide services to IDPs and refugees. During the February 
rebel attack on N'Djamena, the UN evacuated employees from the country.
    According to the UN, Chadians continued regularly to move to and 
from Sudan. The movements reflected seasonal migration and were in 
response to insecurity. The UN estimated that there were 45,000 Chadian 
refugees in West Darfur and noted that estimates on North and South 
Darfur were difficult to obtain.
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 and placed additional restrictions on 
the press and speech during the year, including through a state of 
emergency decree and revisions to the press law. Journalists and 
publishers practiced self censorship and many fled the country for fear 
of arrest after the February rebel attack on N'Djamena.
    The February 14 to March 15 state of emergency included strict 
press censorship provisions. On February 20, the president amended the 
press law by decree, placing new restrictions on speech and the press. 
Punishments for articles whose purpose is to cause tribal, racial, or 
religious hatred regarding ethnicity, religion, or regions can include 
imprisonment for three to five years under the law. The new law 
provides for increased penalties, including imprisonment, for 
defamation of the courts, armed forces, security forces, and public 
administration. Offending the president is punishable by one to five 
years' imprisonment and/or fines, as is publicly offending foreign, 
high-level government officials. Conspiring with the enemy is 
punishable by up to three years' imprisonment and/or fines. The law 
included additional requirements for launching a newspaper. Human 
rights organizations and newspapers criticized the new restrictions. On 
March 28, several newspapers jointly published a newspaper calling for 
a repeal of the law.
    Individuals who publicly criticized the Government often faced 
reprisal. There were reports that the Government attempted to control 
criticism by monitoring meetings of the political opposition and that 
the Government attempted to intimidate its critics.
    For example, on January 17, police arrested Liberal party leader 
Keletete Dono after a radio interview in which he criticized the 
Government's policy regarding the internal conflict. He was 
provisionally released on January 25.
    The Government owned the newspaper Info Tchad and influenced 
another, Le Progres. Government-controlled media were subject to 
censorship but sometimes criticized the Government. Beginning in 
February, independent newspapers Notre Temps, N'Djamena Hebdo, 
L'Observateur, and Le Miroir temporarily suspended publication in 
protest of censorship; the newspapers later resumed publication.
    Radio remained the most important medium of mass communication. 
Government-owned Radiodiffusion Nationale Tchadienne had several 
branches. There were numerous private radio stations that broadcast 
throughout the country, many of them owned by religious organizations, 
including two stations affiliated with the Catholic NGO BELACD that 
opened during the year.
    The licensing fee set by the Government's High Council for 
Communications (HCC) for a commercial radio station remained 
prohibitively high at approximately five million CFA francs 
(approximately $11,000) per year, 10 times the fee for radio stations 
owned by nonprofit NGOs. The HCC monitored and censored the content of 
radio station programming.
    The Government owned and operated the only domestic television 
station but did not interfere with channels originating outside the 
country.
    The Government arrested, harassed, and intimidated journalists; 
many journalists fled the country in fear of arrest after the February 
rebel attack on N'Djamena.
    For example, there were reports that between February 2 and 8, 
uniformed men went to the homes of Laldjim Narcisse and Michael Didama 
of the independent newspaper Le Temps and Eloi Miandadji of the new 
weekly satirical newspaper Le Moustick and tried to arrest them; 
however, they had fled the country. The Judiciary Police had closed 
both newspapers in late January. Le Temps resumed publication in March.
    On February 7, Zara Yacoub, coordinator of the privately owned Dja 
FM radio, was attacked by persons in military uniform. Two technicians 
were also injured in the attack. The Government did not investigate the 
case.
    In February the Government suspended the work permit for French 
journalist Sonia Rolley, and subsequently terminated it, alleging that 
her reporting favored the rebels. Rolley was a correspondent for 
several French media outlets.
    The Government directly censored the media by restricting media 
content through laws and other mechanisms as well as closing some media 
outlets. Under the state of emergency the Government required that all 
news items be submitted to the HCC for approval before publication.
    On January 16, security forces closed FM Liberte and arrested its 
manager, Djekourninga Kaotar Lazare, for allegedly disseminating false 
information. Lazare was arrested after the broadcast of a petition from 
the Chadian Association for the Defense of the Rights of the Consumer 
opposing the charging of administrative fees for identity documents by 
the Government. Lazare was released on January 18, and the charges 
against him were dropped. Daouda Elhadji of the Chadian Association for 
the Defense of the Rights of the Consumer was also detained and later 
released. On May 27, FM Liberte was allowed to resume broadcasting.
    The Government permitted the newspaper Notre Temps to resume 
publication during the year; however, the newspaper did not do so.
    Some journalists in rural provinces reported that government 
officials warned them not to engage in 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 the Government did not impose on foreign journalists.

    Internet Freedom.--There were no government restrictions on access 
to the Internet; however, the Government reportedly monitored e-mail. 
Although increasingly available to the public at Internet cafes, the 
growth of Internet access was almost entirely through the Government 
telecommunications company.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government did not respect this right in practice. The law 
requires the Government to be notified of demonstrations five days in 
advance.
    On April 23, in Moundou, gendarmes shot and killed several students 
who were demonstrating peacefully. Although the progovernmental daily 
newspaper Le Progres reported that four students were killed, the human 
rights organization Tchad Non-Violence quoted a hospital source as 
stating 12 students were killed and 50 injured. Authorities did not 
investigate or take other action by year's end.
    No action was taken against security force members responsible for 
injuries that resulted from the violent dispersal of demonstrators in 
2006 or 2007.

    Freedom of Association.--The constitution and law provide for 
freedom of association; in contrast with 2007, there were no reports 
that the Government banned the formation of a union.
    An ordinance requires prior authorization from the Ministry of 
Interior before an association, including a labor union, may be formed; 
however, there were no reports that the ordinance was enforced. The 
ordinance also allows for the immediate administrative dissolution of 
an association and permits authorities to monitor association funds.

    c. Freedom of Religion.--Although the law provides for religious 
freedom, at times the Government limited this right. The law also 
provides for a secular state; however, some policies favored Islam in 
practice. For example, a committee composed of members of the High 
Council for Islamic Affairs and the Directorate of Religious Affairs in 
the Ministry of Interior organized the Hajj and the Umra.
    The July 2007 ban on all forms of street-corner evangelization and 
preaching remained in effect.
    On June 29, security forces used excessive force in response to a 
confrontation in Kouno during which supporters of Sheikh Ahmet Ismael 
Bichara reportedly attacked security forces. Approximately 72 persons 
were killed during the confrontation, including an estimated 68 
supporters of Bichara and four gendarmes. Bichara had earlier called 
for a ``holy war'' against the Government and declined to negotiate 
with religious leaders from the High Council for Islamic Affairs. 
Security forces detained Bichara, and he remained detained without 
charge at year's end.
    On February 20, in Bol, Abakar Brahim was arrested by ANS 
personnel. Brahim was accused of mobilizing Muslims to pray for the 
release of Lol Mahamat Choua.
    The Government continued to ban Al Mountada al Islami, the World 
Association for Muslim Youth, the Mecca Al-Moukarrama Charitable 
Foundation, and Al Haramain Charitable Foundation for promoting 
violence to further religious goals.
    The Islamic religious group Faid al-Djaria remained banned on the 
grounds that its religious customs, including singing and dancing 
together by men and women in religious ceremonies, were un-Islamic.

    Societal Abuses and Discrimination.--Although the different 
religious communities generally coexisted without problems, there were 
reports of tensions within the Muslim community between the High 
Council for Islamic Affairs and fundamentalist elements within the 
community. During the year there were regular meetings between key 
religious leaders to discuss peaceful collaboration among groups.
    Rebels abducted and subsequently released a foreign missionary 
during the year (See Section 1.g.).
    There was no known Jewish community and there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/report.

    d. Freedom of Movement, Internally Displaced Persons,Protection of 
Refugees, and Stateless Persons.--Although the law provides for freedom 
of movement, foreign travel, emigration, and repatriation, in practice 
the Government imposed some limits on these rights.
    The Ministry of Territorial Administration required foreigners, 
including humanitarian agency personnel, to obtain authorization to 
travel to the eastern part of the country.
    Security forces, rebels, and bandits continued to maintain 
roadblocks, extorting money from travelers, often beating them, and in 
some cases killing them.
    The activities of armed bandits and rebel groups along the border 
with CAR continued to hinder free movement in the region.
    In June the traditional chief of Lere-near the border with 
Cameroon-was accused of organizing armed bandits to rob local herders 
and farmers. Authorities did not investigate or take action by year's 
end.
    The law prohibits forced exile, and the Government did not use it.

    Internally Displaced Persons (IDPs).--The number of IDPs increased 
from 180,000 in 2007 to 185,000 by August.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, but the 
Government has established a system for providing protection to 
refugees. In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol.
    The number of Sudanese refugees from Darfur in the country 
increased to approximately 250,000; most of these refugees were located 
in 12 camps along the eastern border with Sudan. The number of refugees 
from CAR increased to approximately 56,000. Most of the refugees from 
CAR lived in five camps in the south. There were also approximately 
5,000 refugees of various nationalities living in urban areas.
    The Government did not provide sufficient protection for refugee 
camps in the east, although there were no reports that camps were 
attacked. Insecurity in the east, including rebel and bandit attacks, 
hindered the ability of humanitarian organizations to provide services 
to refugees. NGO workers traveling between camps were frequently 
victims of carjackings and armed robberies.
    UNHCR and its partner organizations continued to express concern 
regarding the potential for militarization of refugee camps by Sudanese 
and Chadian rebels, particularly camps located close to the border. The 
recruitment of some refugees, including children, into armed groups 
continued (See Section 1.g.). UNHCR relocated several thousand refugees 
who had fled from Darfur to Birak to camps located farther from the 
border. Women were raped in and near refugee camps, including by ANT 
soldiers.
    Antirefugee sentiment among citizens living in refugee-affected 
areas was high, due to competition for local resources such as wood, 
water, and grazing land, and because Sudanese refugees received goods 
and services that were not available to the local population. There 
continued to be occasional reports that citizens attacked refugees and 
destroyed their wells.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the constitution and law provide citizens with the right 
to change their government, the Government continued to limit this 
right in practice. The executive branch dominated the other branches of 
government.

    Elections and Political Participation.--In 2006 President Deby, 
leader of the ruling MPS, was reelected to a third term in what 
unofficial observers characterized as an orderly but seriously flawed 
election that was boycotted by the opposition. The Government had 
dismissed appeals from the opposition, civil society, religious groups, 
and some members of the international community to postpone elections 
and organize a national dialogue. Observers noted low voter 
participation, underage voting, multiple voting, and other 
irregularities.
    In August 2007 the Government and the opposition coalition signed 
an agreement that delayed communal and legislative elections, 
originally scheduled for 2005, until 2009. Opposition members asserted 
that the Government was not fully implementing the agreement. On 
February 11, in reaction to government abuses against opposition and 
civil society members after the February rebel attack on N'Djamena, 
opposition members from the Coalition of Political Parties for the 
Defense of the Constitution suspended their participation in a joint 
government and opposition committee to monitor the implementation of 
the August 2007 accord. Opposition members rejoined the committee on 
May 5. During the year the Government and the unarmed political 
opposition, with the support of the European Union, continued to work 
to implement the accords, including agreeing to hold a new census and 
create a more representative electoral commission.
    There were approximately 86 registered political parties in the 
country. Political parties were subject to outside interference. During 
the year opposition leaders were subject to violence and disappearance 
(See Sections 1.b. and 1.g.). Opposition political leaders accused the 
Government of co-opting their most popular local politicians to run as 
MPS members in local elections and alleged that the military 
intimidated party members who refused to cooperate. Parties allied with 
the Government generally received favorable treatment. 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 overrepresented in key institutions of state 
power, including the military officer corps, elite military units, and 
the presidential staff.
    There were 10 women in the 155-seat National Assembly. There were 
six women among 40 ministers in the cabinet.
    Both the cabinet and the National Assembly had diverse ethnic 
representation.

    Government Corruption and Transparency.--The law does not provide 
criminal penalties for official corruption, and officials frequently 
engaged in corrupt practices. The World Bank's 2008 Worldwide 
Governance Indicators reflected that corruption was a severe problem.
    The Ministry of Morality is responsible for fighting corruption and 
carried out anticorruption seminars for government employees.
    In September the World Bank ended its financial assistance for a 
project to support the Chad-Cameroon oil pipeline. The bank stated the 
Government did not comply with components of project agreements 
requiring that a substantial portion of the oil revenue be used for 
poverty reduction programs.
    The Ministry of Morality investigated the Government-owned 
communication utility SOTEL due to allegations of embezzlement during 
the year. In October President Deby removed the director and deputy 
director of the utility from their positions due to mismanagement.
    On December 17, President Deby removed the president and vice 
president of the HCC due to the disappearance of 100 million CFA francs 
(approximately $200,700). They had not been prosecuted by year's end.
    There were no reported developments in the 2006 case of two cabinet 
ministers who were removed from their positions for misappropriation of 
government funds.
    The College for the Monitoring and Control of Oil Resources 
published one report during the year. Identified deficiencies included 
corruption, the 2007 appointment of new college members who were biased 
toward the Government, the use of a large portion of revenues for 
security sector spending, mismanagement of revenue allocated to 
regions, some unfinished social projects, and insufficient coordination 
with local populations and leaders. The Government took no action on 
the college's previous reports by year's end.
    The law does not provide for public access to government 
information, although the Government provided such access to 
government-employed journalists. Independent media journalists stated 
that they were not given sufficient access to government information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government continued to obstruct the work of domestic human 
rights organizations through arrest, detention, and intimidation of 
their members during the year, particularly after the February attack 
on N'Djamena. Government officials generally were accessible to human 
rights advocates but were often unresponsive or hostile to their 
findings. Nevertheless, such groups were able to investigate and 
publish their findings on human rights cases.
    There were two principal local human rights organizations, the 
ATPDH and the Chadian League for Human Rights (LTDH). These and smaller 
human rights organizations worked together through an umbrella 
organization, the Association for Human Rights.
    On January 9, judiciary police arrested and detained Deuzombe 
Daniel Passalet of the local NGO Human Rights without Borders. He was 
released 72 hours later.
    On February 9, in N'Djamena, Jacqueline Moudeina, the lawyer 
representing victims of former President Hissein Habre and president of 
ATPDH, received a death threat by telephone, and a military vehicle 
went to her house. She had taken refuge in another area of the city.
    In February Jean-Bernard Padare, defense lawyer in the 2007 child 
abduction case involving the organization Zoe's Arc and LTDH member, 
received threats after he filed a suit regarding the detention of 
Ngarlegy Yorongar and Ibni Oumar Mahamat Saleh.
    Unidentified assailants and armed bandits also attacked numerous 
NGO employees during the year, resulting in deaths and injuries (See 
Section 1.g.).
    The lack of security in the east reduced the ability of 
humanitarian organizations to provide services.
    Despite pressure from the Government, human rights groups were 
outspoken in publicizing abuses through reports, press releases, and 
the print media but only occasionally were they able to intervene 
successfully with authorities. There was a perception on the part of 
government officials that most local human rights groups were composed 
mainly of political opponents, which weakened their credibility with 
the Government and some international organizations.
    The Government continued to obstruct the work of international 
human rights organizations, such as Amnesty International.
    On April 2, a government decree established a Commission of Inquiry 
to examine disappeared persons and other abuses that occurred from 
January 28 to February 8. The commission concluded that security forces 
and rebels committed human rights violations and that civilians were 
killed, injured, raped, and detained (See Section 1.g.). The newspaper 
Le Progres reported that on June 25, uniformed persons invaded the home 
of the commission president, Maitre Djaibe, and shot and injured his 
bodyguard while trying to locate Djaibe.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the constitution and law prohibit discrimination based on 
origin, race, gender, religion, political opinion, or social status, 
the Government did not effectively enforce these provisions. The 
Government favored its ethnic supporters and allies.

    Women.--The law prohibits rape but does not provide for criminal 
penalties. Rape was a problem; no reliable quantitative data was 
available. While police often arrested and detained perpetrators, rape 
cases usually were not tried.
    Although the law prohibits violence against women, domestic 
violence, including spousal abuse, was common. Wives traditionally were 
subject to the authority of their husbands, and they had limited legal 
recourse against abuse. Although family or traditional authorities 
could provide assistance in such cases, police rarely intervened.
    In previous years there were reports that family members killed 
women for breaking social taboos, although there were no such reports 
during the year. In some places girls and women may not visit the site 
where an initiation ceremony is to take place. If a female violates 
this prohibition, under traditional practices the village leaders can 
kill her.
    The law prohibits prostitution; however, it was a problem, 
particularly in the south.
    The law does not prohibit sexual harassment, and such harassment 
was a problem.
    Discrimination against women and exploitation of women were 
widespread. Although property and inheritance laws do not discriminate 
against women, local leaders adjudicated most inheritance cases in 
favor of men, according to traditional practice. The Ministry of Social 
Action and Women is responsible for gender-related issues. Women did 
not have equal opportunities for education and training, making it 
difficult for them to compete for formal sector jobs.
    The law does not address polygyny, but husbands may opt at any time 
to declare a marriage polygynous. If a husband takes a second wife, the 
first wife has the right to request that her marriage be dissolved, but 
she must repay her bride price and other marriage-related expenses.

    Children.--The Government did not sufficiently ensure the 
protection of children's rights; however, it generally supported the 
activities of NGOs and international donors to improve children's 
rights and welfare. The Government did not fund medical care or public 
education adequately beyond the primary level.
    The Government did not register all births immediately.
    By law education is universal and free and basic education is 
compulsory; however, in practice parents were required to pay tuition 
to public schools beyond the primary level. Parents were required to 
pay for textbooks, except in some rural areas. Approximately half of 
teachers were hired and paid by parent-teacher associations, without 
government reimbursement. Educational opportunities for girls were 
limited. Most children did not complete primary education. The 
percentage of girls enrolled in secondary school was extremely low 
compared with that of boys.
    Child abuse, including abuse of child herders, remained a problem. 
These children often worked long hours and were unable to attend 
school.
    The law prohibits the practice of FGM; however, FGM was widespread. 
According to a 2004 government report by the National Institute of 
Statistics, Economic and Demographic Studies, 45 percent of local women 
had undergone excision. According to the survey, 70 percent of Muslim 
females and 30 percent of Christian females were subjected to FGM. The 
practice was prevalent, especially among ethnic groups in the east and 
south. 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.
    FGM could be prosecuted as a form of assault, and charges could be 
brought against the parents of FGM victims, medical practitioners, or 
others involved in the action. However, prosecution was hindered by the 
lack of specific penalty provisions in the penal code. There were no 
reports that any such suits were brought during the year. The Ministry 
of Social Action and Family was responsible for coordinating activities 
to combat FGM.
    Although the law prohibits sexual relations with a girl younger 
than age 14, even if she is married, the ban was rarely enforced. 
Families arranged marriages for girls as young as 12 or 13; the minimum 
legal age for engagements was 11. The law prohibits forced marriages of 
anyone younger than age 18 and provides for imprisonment of six months 
to two years and a fine of 50,000 to 500,000 CFA francs ($114-1,140). 
There were some forced marriages, and the custom of buying and selling 
child brides continued to be widespread. Many young wives were forced 
to work long hours for their husbands in fields or homes.
    The Government and other armed groups continued to use child 
soldiers (See Section 1.g). The UN reported that on June 27, nine 
children were demobilized from the gendarmerie in N'Djamena; five of 
the children were former FUC recruits who had been later recruited by 
the gendarmerie.
    Several human rights organizations reported on the problem of the 
mahadjir, children who attended certain Islamic schools and were forced 
by their teachers to beg for food and money. There was no reliable 
estimate of the number of mahadjir children.
    According to the newspaper Le Progres, on October 15, two boys were 
rescued from a Koranic teacher in Massaguet. The children appeared to 
have been beaten and reportedly were also chained and made to perform 
labor for their teacher. The teacher had not been prosecuted by year's 
end.
    Children who were refugees or IDPs had limited access to services 
such as education and health care.
    There were developments in the 2007 child abduction case involving 
the NGO Zoe's Arc. UNICEF reported that all of the children had been 
returned to their families. On March 31, the president of Chad pardoned 
the six French nationals involved in the case. The Sudanese and the 
Chadian nationals, who each received sentences of four years of hard 
labor for complicity, were reported to have escaped from prison during 
the February rebel attack on N'Djamena.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, traffickers could be prosecuted under 
statutes prohibiting child abduction, sale of children, and child 
labor. Persons were trafficked to, from, and within the country. Cross-
border trafficking was not widespread, and internal trafficking was 
largely restricted to children.
    Children were trafficked for forced labor and commercial sexual 
exploitation. The majority of child victims were trafficked within the 
country to work as involuntary domestic servants, herders, beggars, 
forced labor in the commerce or fishing sector, or prostitutes. 
Children from Cameroon and CAR were trafficked for commercial sexual 
exploitation to the country's oil-producing regions. Chadian children 
were trafficked to Cameroon, CAR, and Nigeria.
    The majority of child trafficking occurred with parental consent; 
children were given by parents to relatives or an intermediary in 
exchange for promises of education, apprenticeships, cattle, or a small 
sum.
    Children were also recruited, sometimes forcibly, into armed groups 
(See Section 1.g.).
    In June the subprefect of Goundi arrested several village chiefs 
suspected of involvement in the selling of children to herders.
    On July 15, Le Temps newspaper reported that 108 children were 
being held by herders in the subprefecture of Goundi in the district of 
Bodo and the village of Hahimtoki.
    The Government authorized a local NGO, the Association for the 
Recovery of Children in Distress, to remove children from forced 
herding and provide them with rehabilitation services.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities. There were no laws or programs to 
ensure access to buildings for persons with disabilities. The 
Government operated few education, employment, or therapy programs for 
such persons. The Government, in conjunction with NGOs, continued to 
sponsor an annual day of activities to raise awareness of persons with 
disabilities. The Ministry of Social Action and Family is responsible 
for the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--There are approximately 200 
ethnic groups in the country, many of which are concentrated 
regionally. They speak 128 distinct primary languages. Although most 
ethnic groups were affiliated with one of two regional and cultural 
traditions-Arabs and Muslims in the north, center, and east; and 
Christian or animist groups in the south-internal migrations in 
response to urbanization and desertification resulted in the 
integration of these groups in some areas.
    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 
government discrimination on the basis of ethnicity, although in 
practice ethnicity continued to influence government appointments and 
political alliances. Political parties and groups generally had readily 
identifiable regional or ethnic bases.
    Interethnic violence continued, particularly in the east and south 
(See Section 1.g.).
    Clashes between herders and sedentary populations and other 
interethnic violence that often concerned land use continued to be a 
serious problem.

    Other Societal Abuses and Discrimination.--Societal discrimination 
continued to be practiced against homosexuals.
    A 2007 law provides for persons with HIV/AIDS to have the same 
rights as those without HIV/AIDS and obligates the Government to 
provide information, education, and access to tests and treatment for 
persons with HIV/AIDS; however, societal discrimination continued to be 
practiced against those who have HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all employees except 
members of the armed forces to join or form unions of their choice 
without excessive requirements, but the authorization of the Ministry 
of Interior is required. The Ministry of Interior can also authorize 
the immediate administrative dissolution of an association. In contrast 
with 2007, there were no reports that the Government banned the 
formation of a union.
    In the formal sector, more than 90 percent of employees belonged to 
unions; however, the great majority of workers were nonunionized, 
unpaid subsistence cultivators or herders. The Government, which owned 
enterprises that dominated many sectors of the formal economy, remained 
the largest employer.
    The law recognizes the right to strike but restricts the right of 
civil servants and employees of state enterprises to do so. Civil 
servants and employees of state enterprises must complete a mediation 
process and must notify the Government before striking. Employees of 
several public entities deemed as essential must continue to provide a 
certain level of services. The International Trade Union Confederation 
asserted that the law prolonged the period before a strike can occur 
and that the definition of essential services was overly broad. The law 
permits imprisonment with forced labor as punishment for participation 
in illegal strikes, but no such punishment was imposed during the year.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to organize and bargain collectively, and the Government 
protected these rights. Although there are no restrictions on 
collective bargaining, the law authorizes the Government to intervene 
under certain circumstances.
    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 
continued to be reports of forced labor practices in the formal economy 
and isolated instances of local authorities demanding forced labor by 
both children and adults in the rural sector. There were also reports 
that prisoners were required to work to pay back taxes they allegedly 
owed.
    The law permits imprisonment with forced labor for participation in 
illegal strikes.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code stipulates that the minimum age for employment is 14, 
although children may work as apprentices beginning at age 13. The 
Government did not enforce the law. Child labor, including forced child 
labor, was a serious problem. The minimum employment age is not 
consistent with the compulsory education age.
    An estimated 20 percent of children between the ages of six and 18 
worked in exploitive labor in the urban informal sector according to a 
study published by Human Rights without Borders. Children throughout 
the country worked in agriculture and herding. They also were 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. A 2005 UNICEF-
government survey of child domestics in N'Djamena noted that 62 percent 
were boys; 24 percent were between eight and 14 years of age; 68 
percent were between 15 and 17; and 86 percent were illiterate.
    A report by the NGO Justice and Peace Commission stated that from 
2006 to 2008 local NGOs rescued more than 600 children whose families 
had sold them for use as herders in the southern part of the country, 
specifically in the departments of Mandoul and Moyen Chari.
    Children who attended certain Islamic schools were sometimes forced 
by their teachers to beg for food and money.
    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 compelled to work in their 
husbands' fields or homes while they were still too young to do so 
safely.
    Government forces and rebel groups recruited child soldiers (See 
Section 1.g.).
    The Office of Labor Inspection is responsible for enforcement of 
child labor laws and policies. That office had approximately 16 labor 
inspectors to cover the entire country. As in previous years, they 
reportedly had no funding to carry out field work and investigations.
    The Government did not have a comprehensive plan to eliminate the 
worst forms of child labor; however, the Government continued to work 
with UNICEF and other NGOs to increase public awareness of child labor. 
In addition, the campaign to educate parents and civil society on the 
dangers of child labor, particularly for child herders, continued.

    e. Acceptable Conditions of Work.--The labor code requires the 
Government to set minimum wages, and the minimum wage at year's end was 
28,000 CFA francs (approximately $64) per month; however, these 
standards were generally ignored. The minimum wage did not provide a 
decent standard of living for a worker and family, although wage levels 
were raised during the year.
    Nearly all private sector and state-owned firms paid at least the 
minimum wage, but it was largely ignored in the vast informal sector. 
In some areas there were long delays in the payment of those 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.
    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, an average of 46 hours per week. All workers were 
entitled to an unbroken 48-hour rest period per week; however, these 
rights rarely were enforced.
    The labor code mandates occupational health and safety standards 
and gives inspectors the authority to enforce them; however, these 
standards were generally ignored in the private sector and 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 the Comoros is a constitutional, multiparty republic 
of 732,000 citizens. The country consists of three islands-Grande 
Comore, Anjouan, and Moheli-and claims a fourth, Mayotte, which France 
governs. In May 2006 citizens elected Ahmed Abdallah Mohamed Sambi as 
Union president in polling that international observers described as 
generally free and fair. This was the first peaceful and democratic 
transfer of power in the country's history. On March 25, the Union Army 
of National Development, with African Union support, launched a 
successful and bloodless military action that resulted in the removal 
of former Anjouan president Mohamed Bacar, who fled the country. Bacar 
had ruled the island by force since declaring himself the winner of an 
illegal election in June 2007. On June 29, Moussa Toybou was elected 
president of Anjouan in a generally free and fair process. The civilian 
authorities in Grande Comore and Moheli, and in Anjouan after March 25, 
generally maintained effective control of the security forces.
    The Union government generally respected the human rights of its 
citizens on the islands under its effective control-Grande Comore and 
Moheli, as well as Anjouan after March 25-although there were some 
areas of concern. Problems on all three islands included poor prison 
conditions; restrictions on freedom of movement, press, and religion; 
official corruption; discrimination against women; child abuse; and 
child labor.
    Until March 25, Bacar's regime in Anjouan arbitrarily detained and 
imprisoned its critics and restricted freedom of movement and 
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 that the Union government or its agents committed arbitrary or 
unlawful killings.
    Civil society representatives in Anjouan reported that on March 7, 
Nadiati Soimaddine died from injuries inflicted during torture a few 
days earlier by Mohamed Bacar's security agents. Soimaddine was accused 
of supporting Union president Sambi.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, in Anjouan, prior to March 25, Mohamed Bacar 
detained more than 300 persons who opposed or criticized his regime, 
and many were held incommunicado.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them on Grande 
Comore or Moheli; however, prior to March 25, regime gendarmes in 
Anjouan were responsible for rape, torture, illegal detention, and 
forced exile.
    The Comoros Human Rights Foundation (FCDH) interviewed victims of 
the Bacar regime between April 7 and April 10 and was preparing 
evidence to prosecute members of the Bacar regime at year's end. Most 
cases involved the torture of detainees.
    For example, on January 14, Bacar's security forces arrested 
Mohamed Attoumane for listening to a radio program from the national 
radio station. Attoumane was tortured and released the following day.
    On February 7, Bacar's forces detained and tortured Soulaimana 
Bacar and several unnamed friends. Soulaimana Bacar, who suffered a 
broken foot and arm, was held incommunicado and transferred between 
unknown locations before his February 24 release.
    On February 15, Bacar's forces arbitrarily detained and beat 
Attoumane Houmadi, whom they held until February 21, when his family 
paid for his release.
    Some persons released during the year had been held for months by 
Bacar regime security forces. For example, Abdallah Ahmed Ben Ali, who 
was arbitrarily arrested in June 2007, was detained and tortured until 
his March 25 release.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor. Common problems included improper sanitation, overcrowding, 
inadequate medical facilities, and poor diet. Authorities held pretrial 
detainees with convicted prisoners.
    There were reports that prisons in Anjouan were filled to capacity 
and that detainees were being held in shipping containers prior to 
March 25. After order was restored in Anjouan, all political prisoners 
were released.
    The Government permitted visits by independent human rights 
observers. In an August visit, an international organization confirmed 
that the Union government met international standards in its detention 
in Grande Comore of officials from the Bacar regime.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions on Grande Comore and Moheli; however, 
during the year the Union government detained civilian and military 
officials of the Bacar regime on charges of crimes against the state.
    Prior to March 25, the Bacar regime arbitrarily arrested hundreds 
of persons (See Section 1.e.).

    Role of the Police and Security Apparatus.--Six separate security 
forces report to four different authorities. Union forces include the 
Army of National Development, the Gendarmes, and the National 
Directorate of Territorial Safety (immigration and customs). The 
previously separate Anjouan Gendarmes has been incorporated into the 
Union structure. Each of the three islands also has its own local 
police force under the authority of each island's ministry of interior.
    There was continued corruption in the police force. Citizens paid 
bribes to evade customs regulations, avoid arrest, and falsify police 
reports. Police personnel paid bribes to receive promotions within the 
force. Impunity was a problem, and there was no mechanism to 
investigate police abuses. Union police took part in international 
training to become more professional.

    Arrest and Detention.--The law requires warrants for arrests and 
provides that detainees may be held for 24 hours, although these 
provisions were not always respected in practice. The prosecutor must 
approve continued detention. A tribunal informs detainees of their 
rights, including the right to legal representation. The law provides 
for the prompt judicial determination of the legality of detention and 
that detainees be promptly informed of the charges against them. In 
practice these rights were inconsistently respected. Some detainees did 
not get prompt access to attorneys or families. The law also requires 
the state to provide an attorney for indigent defendants, but this 
rarely occurred. There is a bail system under which the individual is 
not permitted to leave the country. Prior to the March 25 military 
action, incommunicado detention in Anjouan was a problem.
    After March 25, the Union government detained approximately 50 
civilian and military officials of the Bacar regime. All remained in 
detention at year's end.
    Pretrial detention was a problem, with approximately 20 percent of 
the prison population awaiting trial for extended periods. By law 
pretrial detainees can be held for four months only, but this period 
could be renewed.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision in practice; however, judicial corruption was a problem. 
The head of state appoints magistrates by decree.
    The seven-member Constitutional Court includes a member appointed 
by the president of the Union, a member appointed by each of the two 
Union vice presidents, a member appointed by each of the three island 
government presidents, and a member appointed by the president of the 
National Assembly. Minor disputes can be reviewed by the civilian court 
of first instance, but they were usually settled by village elders 
outside of the formal structure.

    Trial Procedures.--The law provides for the right to a fair trial 
for all citizens. Under the legal system, which incorporates French 
legal codes and Islamic Shari'a law, trials are mostly open to the 
public, and defendants are presumed innocent. Juries deliberate 
criminal cases, and there is an appeal process. Defendants have the 
right to be present, to access government-held evidence, and to consult 
with an attorney. The law allows defendants to question witnesses and 
present their own witnesses. In practice these rights were 
inconsistently respected.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees on Grande Comore and Moheli; however, 
prior to March 25, the Bacar regime arbitrarily arrested and held 
hundreds of political detainees and prisoners, including 60 members of 
President Sambi's family and more than 300 journalists, intellectuals, 
politicians, teachers, and other persons suspected of disloyalty. Some 
of those detained were held incommunicado, and one detainee reportedly 
died from injuries inflicted during torture. After March 25, all 
prisoners confirmed to have been arbitrarily held by Bacar's regime 
were released.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters, but formal courts had 
insufficient resources and were corrupt. Administrative remedies were 
rarely available, although citizens with influence had access to such 
alternatives. Court orders were inconsistently enforced.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press; however, the Union government 
partially limited press freedom. Until March 25, the Bacar regime on 
Anjouan also did not respect freedom of speech or press and detained 
and imprisoned the regime's critics. Journalists on all three islands 
practiced self-censorship.
    Individuals could generally criticize the Union government publicly 
or privately without reprisal on Grande Comore and Moheli, and on 
Anjouan after March 25. Before March 25, forces loyal to Mohamed Bacar 
detained hundreds in Anjouan for criticizing the regime (See Section 
1.e.).
    There is a government-supported newspaper and four independent 
newspapers.
    On January 15, Union security forces detained and questioned El-Had 
Said Omar, director of La Gazette newspaper, for five hours regarding 
La Gazette's publication of personal information about the nomination 
of a Union intelligence official. El-Had was released the same day.
    No action was taken against Anjouan gendarmes involved in the May 
2007 arrest and beating of four journalists or the June 2007 arrest and 
detention of radio reporter Elarifou Minihadji.
    Unlike in the previous year, there were no reports that Union 
police seized newspapers or that journalists fled the country to avoid 
arbitrary arrest.
    There is independent radio on Grande Comore and Moheli and, since 
March 25, on Anjouan; Mohamed Bacar did not allow independent radio. 
One government radio station operated on a regular schedule. Small 
community radio stations operated without government interference on 
Grande Comore and Moheli, as did Mayotte Radio and French television.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government did not always respect this right.
    On March 27, police fired tear gas to disperse hundreds of violent 
demonstrators near the French embassy in Grande Comore. The 
demonstrators, who threw rocks and threatened French citizens and other 
foreigners, were protesting suspected French involvement in Bacar's 
departure from the country, a charge the Government of France denied.
    Until March 25, Bacar's forces on Anjouan regularly used force and 
intimidation to prohibit gatherings of those who criticized him.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Union government generally respected 
this right.
    Until March 25, security forces on Anjouan harassed and intimidated 
political opponents.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, the Government restricted this right in practice. 
The constitution does not declare Islam the official religion but 
declares that the laws must draw inspiration from Islam. Proselytizing 
for any religion except Islam is illegal, and converts from Islam may 
be prosecuted under the law that prohibits proselytizing.

    Societal Abuses and Discrimination.--Comoran Christians, who 
constitute less than 1 percent of the population, continued to 
experience societal discrimination and intimidation. The law allows 
non-Muslims to practice their religion, but societal pressure 
effectively restricted the use of the country's three churches to 
noncitizens. Family and community members harassed those who joined 
non-Muslim faiths.
    On April 20, unknown persons wrote obscene words on the outer wall 
of the Protestant Church of Moroni. Community leaders near the church 
publicly expressed disappointment, and on May 28, the Union National 
Assembly issued a statement calling for Union authorities to 
investigate the incident. No action had been taken by year's end.
    Unlike in the previous year, there were no reports of attacks on 
Catholic charities.
    There was no known Jewish population and no reports of anti-Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country and foreign travel, and the 
Government generally respected these rights in practice; however, 
travel restrictions were imposed on certain individuals as a result of 
the political unrest on Anjouan.
    Until March 25, Mohamed Bacar continued to prevent political 
opponents from leaving Anjouan and denied entry to all Union government 
officials. After March 25, there were reports that government officials 
barred persons associated with Bacar from leaving until their 
involvement or complicity in the regime had been determined.
    During the year the travel sanctions against Mohamed Bacar and 144 
other individuals imposed by the African Union in October 2007 were 
withdrawn.
    The law does not prohibit forced exile, but the Government did not 
use it. However, on March 25, Mohamed Bacar and 21 loyalists and family 
members fled to Mayotte, from where they were transferred to Reunion. 
Bacar, who was denied asylum in France, accepted an offer of asylum 
from Benin, where he remained in exile at year's end. Bacar's loyalists 
remained in Reunion, according to press reports.

    Internally Displaced Persons.--Hundreds of Anjouan residents fled 
the island during Bacar's regime, but all had returned by year's end.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and residents of Grande Comore and Moheli 
exercised this right in practice through periodic, free, and fair 
elections held on the basis of universal suffrage. Residents in Anjouan 
also exercised this right in free and fair elections conducted after 
the March 25 military action that resulted in the removal of former 
island president Mohamed Bacar.

    Elections and Political Participation.--Anjouan held its first 
round of island president (governor) elections on June 15. With no 
clear winner, a second round run-off was held June 29 between Mohamed 
Djaanfari and Moussa Toybou. Toybou won with 52.4 percent of the vote 
in elections that international observers deemed generally free and 
fair.
    The constitution provides for a ``rotating'' Union presidency in 
which each island takes a turn at holding a primary for presidential 
candidates. In 2006 the turn passed to Anjouan; all 12 presidential 
candidates had to be natives of Anjouan to run in the primary. From the 
12, Anjouan voters selected three to run in the national election that 
Ahmed Abdallah Mohamed Sambi won. International observers considered 
the elections free and fair. The May 2006 inauguration of President 
Sambi was the first peaceful and democratic transfer of power in the 
country's history. The constitution thus restricts, by island, who can 
run for the presidency, but aside from the rotation principle, anyone 
is free to stand for election.
    Grande Comore and Moheli held first- and second-round island 
president (governor) elections in June 2007; both elections were 
considered generally free and fair.
    More than 20 political parties operated without restriction and 
openly criticized the Union government.
    There was one woman in the 33-member National Assembly. There were 
no minorities in high-level offices.

    Government Corruption and Transparency.--Corruption was a serious 
problem. The law provides for criminal penalties for official 
corruption; however, the Government did not implement the law 
effectively, and officials often engaged in corrupt practices with 
impunity. Resident diplomatic, UN, and humanitarian agency workers 
reported that petty corruption was commonplace at all levels of the 
civil service despite the Government's 2006 launch of an anticorruption 
campaign. Private sector operators reported that corruption and lack of 
transparency were problems.
    Unlike in previous years, the Government did not prosecute or 
discipline officials charged with corruption. The Union Ministry of 
Justice is responsible for combating corruption.
    Officials were not subject to financial disclosure laws.
    There are no laws providing for public access to government 
information. Those who have personal or working relationships with 
government officials can generally access government information, but 
members of the general public cannot.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    One domestic and some international nongovernmental organizations 
(NGOs) generally operated without government restriction, investigating 
and publishing their findings on human rights cases. Government 
officials were generally cooperative and responsive to their views.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives or other 
organizations during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, sex, disability, 
language, or social status; however, there was discrimination against 
women.

    Women.--Rape is illegal, punishable by imprisonment of five to 10 
years or up to 15 years if the victim is younger than 15 years of age. 
The Government did not enforce the laws on rape effectively. The law 
does not specifically address spousal rape.
    The law prohibits domestic violence, but the Government did not 
take any action to combat violence against women. Although women can 
seek protection through the courts in such cases, extended family or 
village elders customarily addressed such problems.
    Prostitution is illegal and was not openly practiced in public 
places, with the exception of a few hotels frequented by foreigners. 
Arrests for prostitution were rare.
    Sexual harassment is illegal and punishable by up to 10 years' 
imprisonment. Although rarely reported due to societal pressure, such 
harassment was nevertheless a common problem.
    The law provides for equality of persons, and in general, 
inheritance and property rights do not discriminate against women. Men 
retained the dominant role in society, although the matriarchal 
tradition afforded women some rights, especially in landholding. 
Societal discrimination against women was most apparent in rural areas 
where women had farming and child-rearing duties, with fewer 
opportunities for education and wage employment. In urban areas, 
growing numbers of women were employed and generally earned wages 
comparable to those of men engaged in similar work; however, few women 
held positions of responsibility in business. The law does not require 
women to wear head coverings, but many women faced societal pressure to 
do so.

    Children.--The Government did not take specific action to protect 
or promote children's welfare and did not enforce legal provisions that 
address the rights and welfare of children.
    Education is compulsory until the age of 12, but not free. Teacher 
strikes over nonpayment of salaries interrupted school several times 
during the year. Boys generally had greater access to schools than 
girls.
    Although there are no official statistics on child abuse, it was 
common and often occurred when impoverished families sent their 
children to work for wealthier families. A 2002 UN Children's Fund 
study found that child abuse, including sexual abuse, was widespread 
and often occurred at home. There also were reports that teachers raped 
students.
    Child prostitution and child pornography are illegal. The law 
considers unmarried children under the age of 18 as minors, and they 
are protected legally from sexual exploitation, prostitution, and 
pornography. There were no statistics regarding these matters, but they 
were not considered serious problems.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there were no reports that persons were trafficked 
to, from, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There are no laws that mandate access 
to buildings for persons with disabilities or that prohibit 
discrimination in employment and public services.
    The country's center for persons with disabilities on Grande Comore 
was run by an NGO. The center imported wheelchairs and prostheses.

    Other Societal Abuses and Discrimination.--There were no reports of 
discrimination against persons with HIV/AIDS. Homosexuals did not 
publicly discuss their sexual orientation due to societal pressure.
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 many of those in the wage labor force did so in 
practice. Teachers, civil servants, taxi drivers, and dockworkers were 
unionized. The law allows unions to conduct their activities without 
government interference and provides for the right to strike, and 
workers exercised this right in practice.
    There are no laws protecting strikers from retribution, but there 
were no reported instances of retribution.
    The labor code, which was rarely enforced, does not include a 
system for resolving labor disputes.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain collectively, although 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 does not prohibit antiunion discrimination by employers in 
hiring practices.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor by adults with certain exceptions for 
obligatory military service, community service, and accidents, fires, 
and disasters. The Union's civil protection unit may oblige persons to 
respond to disasters if it is unable to obtain sufficient voluntary 
assistance; however, this has never occurred. There are no specific 
prohibitions against forced or compulsory child labor, and it occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--Laws 
exist to protect children from exploitation in the workplace, but the 
Government did not enforce such laws. The law defines 15 as the minimum 
age for employment. Children worked in subsistence farming, fishing, in 
the informal sector selling goods along roadsides, and extracting and 
selling marine sand. Some children worked under forced labor 
conditions, particularly in domestic service and agriculture. In 
addition, some Koranic schools arranged for poor students to receive 
lessons in exchange for labor, which sometimes was forced.
    Some families placed their children in the homes of wealthier 
families where they worked in exchange for food, shelter, or 
educational opportunities. Many children were not paid for their work. 
The Government's Ministry of Labor is responsible for enforcing child 
labor laws, but it did not actively do so.

    e. Acceptable Conditions of Work.--A ministerial decree set the 
minimum wage at 30,000 Comoran francs per month ($83). Although 
national and local governments do not enforce a minimum wage, unions 
have adequate authority to negotiate de facto minimum wage rates for 
different skill levels. In practice unions enforce this de facto 
minimum wage via their ability to strike against employers. Despite 
strikes and other protests, the Union government was unable to pay 
government employees, including low-level officials, teachers, and 
medical workers, for several months due to budgetary difficulties.
    The law specifies a workweek of 37 1/2 hours, one day off per week, 
and one month of paid vacation per year. According to the law, workers 
receive time and a half for overtime. There was no prohibition on 
excessive, compulsory overtime; however, shortages in electricity 
prevented overtime work of any kind in most businesses. These laws, 
like many others, were not enforced. Employers, particularly the 
Government, were often remiss in paying salaries.
    No safety or health standards have been established for work sites. 
Workers generally could not remove themselves from an unsafe or 
unhealthful situation without risking their employment.

                               __________

                   CONGO, DEMOCRATIC REPUBLIC OF THE

    The Democratic Republic of the Congo (DRC) is a nominally 
centralized republic with a population of approximately 60 million. The 
president and the lower house of parliament (National Assembly) are 
popularly elected; the members of the upper house (the Senate) are 
chosen by provincial assemblies. Multiparty presidential and National 
Assembly elections in 2006 were judged to be credible, despite some 
irregularities, while indirect elections for senators in 2007 were 
marred by allegations of vote buying.
    Internal conflict in the eastern provinces of North and South Kivu, 
driven to a large degree by the illegal exploitation of natural 
resources, as well as a separate conflict in the western province of 
Bas-Congo, had an extremely negative effect on security and human 
rights during the year. The Goma peace accords signed in January by the 
Government and more than 20 armed groups from the eastern provinces of 
North and South Kivu provided for a cease-fire and charted a path 
toward sustainable peace in the region. Progress was uneven, with 
relative peace in South Kivu and the continued participation of the 
South Kivu militias in the disengagement process. In North Kivu, what 
little progress was made in implementing the accords during the first 
half of the year unraveled with the renewed fighting that began in 
August, perpetuating lawlessness in many areas of the east.
    On December 12, the UN Group of Experts on the Democratic Republic 
of Congo Report Pursuant to United Nations Security Council Resolution 
1807 reported that Rwandan authorities have supplied military equipment 
and been complicit in recruiting soldiers, including children, to 
support the Congolese rebel National Congress in Defense of the People 
(CNDP), led by a former general of the Congolese Armed Forces (FARDC), 
Laurent Nkunda. In addition, the UN Group of Experts presented 
extensive and credible evidence that elements of the FARDC provided 
support to the Democratic Forces for the Liberation of Rwanda (FDLR), 
which committed numerous abuses in eastern Congo during the year and 
was composed primarily of Hutus from neighboring Rwanda, including some 
who perpetrated the 1994 Rwandan genocide. Also in December, the 
Rwandan and Congolese governments met to develop a joint strategy to 
eliminate the FDLR.
    At year's end government control over many regions remained weak, 
particularly in North and South Kivu provinces. Civilian authorities 
generally did not maintain effective control of the security forces.
    In all areas of the country the Government's human rights record 
remained poor, and security forces continued to act with impunity 
throughout the year, committing many serious abuses including unlawful 
killings, disappearances, torture, and rape. Security forces also 
engaged in arbitrary arrests and detention. Harsh and life-threatening 
conditions in prison and detention facilities, prolonged pretrial 
detention, lack of an independent and effective judiciary, and 
arbitrary interference with privacy, family, and home also remained 
serious problems. Security forces retained child soldiers and compelled 
forced labor by civilians. Members of the security forces also 
continued to abuse and threaten journalists, contributing to a decline 
in freedom of the press. Government corruption remained pervasive. 
Security forces at times beat and threatened local human rights 
advocates and harassed UN human rights investigators. Discrimination 
against women and ethnic minorities, trafficking in persons, child 
labor, and lack of protection of workers' rights continued to be 
pervasive throughout the country. Enslavement of Pygmies occurred.
    Armed groups continued to commit numerous, serious abuses-some of 
which may have constituted war crimes-including unlawful killings, 
disappearances, and torture. They also recruited and retained child 
soldiers, compelled forced labor, and committed widespread crimes of 
sexual violence and other possible war crimes.
                        respect 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 
that the Government or its agents committed politically motivated 
killings.
    On July 6, Kinshasa-based members of the Republican Guard (GR), an 
elite armed force under the control of President Joseph Kabila, killed 
Daniel Botethi, the vice president of the Kinshasa Provincial Assembly 
and a prominent figure of the opposition party Liberation of Congo 
(MLC), whose leader Jean-Pierre Bemba ran against Kabila for president 
in 2006. The soldiers shot and killed Botethi and his bodyguard at a 
roadblock in Kinshasa, near the site of an attack in May that injured 
opposition Senator Adolphe Onusumba. The MLC subsequently suspended its 
participation in government bodies to protest the killing. On September 
22, the Military Tribunal of Kinshasa/Ngaliema sentenced four GR 
soldiers to death for their involvement in the killing. Although a 
soldier on trial for the murder testified that Kinshasa Governor Andre 
Kimbuta, an ally of President Kabila, ordered the killing, the 
connection was never proved.
    In the east, security forces summarily executed civilians and 
killed civilians during clashes with illegal armed groups (See Section 
1.g.).
    There were several occasions during the year when members of 
security forces arbitrarily and summarily killed civilians, sometimes 
during apprehension or while holding them in custody, and often for 
failing to surrender their possessions, submit to rape, or perform 
personal services. For example, according to the United Nations Joint 
Human Rights Office in the country (UNJHRO), on January 23, a Congolese 
National Police (PNC) officer in Bulukutu, Equateur Province, shot and 
killed a civilian who was serving lunch to a group of police officers 
because the victim had given a larger serving to his police colleagues. 
Authorities arrested the perpetrator but later released him, reportedly 
due to the lack of detention facilities. No further action had been 
taken by year's end.
    According to the UNJHRO, on February 21, a policeman attached to 
the Provincial Mining Office in Kalukalanga, Katanga Province, shot and 
killed an artisanal miner because he did not have enough money to pay 
``an entry fee'' into the local mining site. No action was taken 
against the officer.
    On February 28, the Government launched operations ostensibly to 
restore state authority in Bas-Congo Province. Members of the Bundu Dia 
Kongo (BDK), a political-religious group seeking greater provincial 
autonomy, had effectively taken over state functions in several 
villages and towns in Seke-Banza, Lukula, and Luozi territories to set 
up a parallel justice system where existing state authority was 
extremely weak. The arrival of security forces spawned violent clashes 
with the BDK, as well as the rape of local residents by the PNC (See 
Section 1.c.). In June, after dispatching an investigative team to the 
province in late March, the UNJHRO published a report concluding that 
at least 100 persons, most of whom were members of the BDK, died during 
the operations launched by the PNC. The report concluded that the 
police used excessive force and in some cases committed arbitrary 
executions. Although it criticized the report, the Government made a 
commitment to hold a judicial investigation, which had not begun by 
year's end. A report released in November by Human Rights Watch (HRW), 
which also cited instances of excessive force by security forces 
against the BDK in 2007, estimated that more than 200 BDK supporters 
and others were killed as a result of the clashes in March, which HRW 
believed were part of ``a deliberate effort to wipe out the movement.''
    According to the UNJHRO, on March 22, a FARDC soldier shot and 
killed a civilian in Mahagi Port, Orientale Province, who resisted his 
attempt to extort money at a checkpoint. The victim's brother later 
stabbed the soldier to death.
    There were no reports that authorities apprehended the police chief 
in Sota, Ituri District (Orientale Province), who escaped arrest in 
January 2007, after he and his assistant subjected a detainee to cruel 
and inhuman treatment, resulting in his death. It was unknown whether 
the assistant remained in detention or had been tried.
    Authorities took no action against members of security forces who 
used excessive force, according to a UN report, during a January 2007 
demonstration by the BDK, resulting in the killing of at least 105 
persons.
    According to the Bukavu-based nongovernmental organization (NGO) 
Volunteer Service Bureau for Children and Health, the Bukavu Military 
Court sentenced a soldier of the FARDC's 11th Integrated Brigade in 
March 2007 to 20 years in prison for the February 2007 killing of a 
civilian who refused to carry the soldier's personal belongings.
    Authorities took no action against a navy corporal who shot and 
killed a university student in Goma, North Kivu Province, in April 
2007.
    Authorities took no action against those responsible for summarily 
executing and otherwise killing approximately 300 persons in March 2007 
during armed confrontations in Kinshasa between forces loyal to 
President Kabila and rival forces loyal to former vice president Jean-
Pierre Bemba. Authorities also took no action against FARDC and GR 
officers who arrested more than 200 persons following the 
confrontations and subjected many of them to cruel, inhuman, and 
degrading treatment. By July 25, after the vice minister of human 
rights identified several individuals being detained illegally, 
authorities had released more than half (107) of the 187 individuals 
who were still in detention at the beginning of the year as a result of 
the March 2007 Kinshasa fighting. According to the UN peacekeeping 
mission in the country (MONUC), by year's end authorities released the 
remaining 80, all former militia members of Bemba's protection force, 
and transferred them to Kamina, Katanga Province, to be integrated into 
the FARDC.
    There was no information available regarding a policeman in 
Mabikwa, Maniema Province, who beat a man to death in July 2007 before 
going into hiding.
    During 2007 there were reports of deaths in prisons resulting from 
physical abuse by members of security forces. No action was taken 
against the FARDC soldiers who tortured to death two suspects at Uvira 
Central Prison in South Kivu Province in October 2007, or against the 
Mobile Intervention Group (GMI) officers for the October 2007 killing 
of an inmate at Buluwo Prison in Katanga Province.
    Authorities did not take any action during the year against several 
FARDC soldiers involved in the 2006 killing of 13 civilians in Kagaba, 
Ituri District (Orientale Province).
    There were no reports that authorities had found the escaped FARDC 
soldier who was sentenced to prison in 2007 for the 2006 killing of an 
elderly man in Beni, North Kivu Province.
    On February 29, the High Military Court in Kinshasa rejected a 
motion filed by victims' relatives to reverse the December 2007 
decision by the Lubumbashi Military Court of Appeal. The December 2007 
decision rejected the appeal request that had been filed challenging 
the acquittals of the original Kilwa trial. In the original June 2007 
trial, a Katanga Province military court acquitted several FARDC 
soldiers and three employees of Anvil Mining of involvement in the 2004 
massacre of 73 residents of Kilwa, Katanga; UN human rights officials 
subsequently expressed serious concern over the trial's verdict.
    According to locally based African Association for the Defense of 
Human Rights (ASADHO), in April the governor of Katanga Province and 
the provincial minister of interior arbitrarily prevented local human 
rights activists and attorneys from an Australian law firm from 
traveling to Kilwa to gather information for a possible civil law suit 
in Australian courts against Perth-based Anvil Mining Company. Katanga 
authorities did not allow the group's aircraft to leave a Lubumbashi 
airport for Kilwa, citing a lack of official authorization, which the 
governor subsequently refused to grant due to regional ``insecurity,'' 
although other flights that same day reportedly made the same voyage 
with no such authorization.
    There were no reports of authorities taking action on the June 2007 
killing of a police officer by civilians in Bukavu, South Kivu 
Province.
    Illegal armed groups, including rebel groups and community 
militias, committed unlawful killings during the year (See Section 
1.g.).
    A MONUC peacekeeper shot and killed a civilian during violent 
demonstrations in Goma on October 27 (See Section 1.g.).

    b. Disappearance.--There were reports of politically motivated 
disappearances caused by government forces. According to a report 
released in January by the UN Working Group on Enforced or Involuntary 
Disappearances (UNWGEID), of the 52 cases of forced or involuntary 
disappearances reported to the UNWGEID since 1980, 43 remained 
unsettled as of November 2007. There were few, if any, reports that the 
Government made efforts to investigate disappearances and abductions, 
including those in which security force members were accused of 
involvement.
    There was no information about the whereabouts of three lawyers in 
Kinshasa who were abducted by three armed men in July 2007 and 
allegedly detained by the National Intelligence Agency (ANR).
    Armed groups operating outside government control kidnapped 
numerous persons, often for forced labor, military service, or sexual 
services. Many of the victims disappeared (See Section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law does not specifically criminalize torture, and 
during the year there were many credible reports by informed sources 
that security services tortured civilians, particularly detainees and 
prisoners, and employed other types of cruel, inhuman, and degrading 
punishment. There were almost no reports of government authorities 
taking action against members of security forces responsible for these 
acts.
    The UNJHRO reported several cases of torture and cruel, inhuman, 
and degrading treatment. For example, on January 7, two FARDC soldiers 
in Kalemie, Katanga Province, beat a civilian with the butts of their 
AK-47 rifles and stole his mobile telephone and 12,000 Congolese francs 
(approximately $24). Authorities had taken no action against the 
soldiers by year's end.
    On January 13, five FARDC soldiers severely beat a civilian in 
Mbuji-Mayi, Kasai Oriental Province, for resisting their efforts to 
steal his motorbike. Military authorities took no action against the 
soldiers.
    On January 28, seven PNC officers in Bena-Leka, Kasai Occidental 
Province, subjected a civilian to cruel, inhuman, and degrading 
treatment because he had failed to install hygienic facilities in his 
home, as ordered by local authorities. They severely beat the victim, 
undressed him, and then forced him to walk naked to the local ANR 
office, which subsequently provided him with clothes and released him. 
Authorities took no action against the PNC officers.
    On February 28, GMI officers in Mbuji-Mayi, Kasai Oriental 
Province, arrested a policeman and detained him in a GMI holding cell 
until March 13 while subjecting him to torture. Over several days a GMI 
lieutenant handcuffed the victim's hands behind his back and beat him 
on the buttocks and right shoulder with the backside of a machete and 
the wooden handle of a spade. The military prosecutor began an 
investigation into the case, but results remained unknown at year's 
end.
    Authorities took no action against ANR agents who arrested a theft 
suspect in Beni, North Kivu Province, in January 2007 and, according to 
MONUC, subsequently beat the victim with sticks, including on his 
genitals.
    During the year a police commander arrested one of his subordinates 
for the abuse of a theft suspect in February 2007 in Mbuji-Mayi, Kasai 
Oriental Province. At year's end the policeman remained in detention 
awaiting a court date.
    Police took no action against members of security forces who, 
according to informed sources, committed the following acts of torture 
in 2007: the January torture of a judicial investigator by authorities 
in Orientale Province (See Section 1.d.); the daily whipping of a man 
between April and June on the orders of a FARDC general in Kinshasa 
following a personal business dispute; and the November torture of 
seven suspected gang members, one of whom died from his injuries, by 
the GMI in the Bakwa Bowa police station in Kasai Oriental Province.
    On several occasions during the year police beat and arrested 
journalists who wrote or broadcast material they did not like (See 
Section 2.a.)
    There were continuing reports, including many from the UNJHRO, of 
rape of civilians by members of the security forces. Several of these 
reports concerned rape committed in the context of the conflict in the 
east (See Section 1.g.). Other reported rapes by security forces 
occurred outside the conflict's context. For example, on February 26, a 
FARDC soldier in Rwindi, North Kivu Province, allegedly raped a three-
year-old girl. Military justice authorities from the 9th Integrated 
Brigade later arrested and detained the perpetrator, although his 
status was unknown at year's end.
    On March 19, a FARDC lieutenant in Gemena, Equateur Province, 
abducted a 14-year-old girl, took her to his house, and repeatedly 
raped her until he released her on March 23. The Office of the Military 
Prosecutor subsequently arrested him, although his status was unknown 
at year's end.
    On April 15, the Mbanza Ngungu Military Tribunal in Luozi, Bas-
Congo Province, sentenced two PNC officers to 20 years in prison for 
rape committed during PNC operations against the BDK in March (See 
Section 1.a.).
    On May 17, a group of policemen in Ngele, Equateur Province, raped 
13 women and six girls, subjected male residents of the village to 
cruel, inhumane, and degrading treatment, and pillaged the entire 
village. The rapes were reportedly a planned response to a May 13 
incident during which villagers threw stones at the police after two 
officers had severely beaten two young men. Authorities took no known 
action against the policemen.
    In May 2007 FARDC soldiers of the 6th Integrated Brigade looted 
several houses near Jiba, Ituri District, raped four women, and forced 
10 villagers to carry looted goods to their camp near Bule. They 
released the villagers several days later. Military authorities 
arrested two soldiers in connection with one of the rapes, but did not 
take any additional action.
    Authorities took no known action against members of security forces 
responsible for the following rapes committed in 2007: the September 
rape of eight women, including three minors, in Yanonge, Orientale 
Province, by PNC officers reportedly acting on orders from their 
commander; and the November gang rape of a woman in Bongondjo, Equateur 
Province, by five FARDC soldiers.
    According to the UNJHRO, on February 18, the Mbandaka Military 
Tribunal pronounced its verdict against six police officers accused of 
committing mass rape and other human rights violations in Waka, 
Equateur Province, in 2006. The court sentenced one of the officers to 
20 years in prison for crimes against humanity. It sentenced two others 
to six months, already served, for extortion and looting. The court 
sentenced the remaining officers to three to five years in prison for 
arbitrary arrest and illegal detention.
    According to ASADHO, in September a mobile court investigated the 
2006 rape of 60 women and girls in Belongo, Equateur Province, but had 
not reached a verdict at year's end.

    Prison and Detention Center Conditions.--Conditions in most prisons 
remained harsh and life-threatening.
    In all prisons except the Kinshasa Penitentiary and Reeducation 
Center (CPRK), the Government had not provided food for many years-
prisoners' friends and families provided the only available food and 
necessities. Malnutrition was widespread. Some prisoners starved to 
death. Prison staff often forced family members of prisoners to pay 
bribes for the right to bring food to prisoners.
    Temporary holding cells in some prisons were extremely small for 
the number of prisoners they held. Many had no windows, lights, 
electricity, running water, or toilet facilities.
    According to the UNJHRO, on January 17, inmates took the director 
of Kalemie Central Prison in Katanga Province hostage in protest 
against the chronic food shortage in the prison. The inmates had not 
eaten for three days. They released him the same day.
    During the year many prisoners died due to neglect. For example, 
the UNJHRO reported in February that over a two-month period, 21 
prisoners died from malnutrition or dysentery in prisons in Uvira, 
Bunia, and Mbuji-Mayi.
    On April 17, local judicial authorities visiting Bunia Central 
Prison in Orientale Province observed that three prisoners had died 
that month due to malnutrition.
    Between June 21 and 25, five inmates died of malnutrition in Mbuji-
Mayi Central Prison in Kasai Oriental Province. The UNJHRO stated 12 
other inmates were in critical condition.
    The results of a public prosecutor's investigation into the October 
2007 death of an illegally detained man in Lodja, Kasai Oriental 
Province, were not known.
    The penal system continued to suffer from severe underfunding, and 
most prisons suffered from overcrowding, poor maintenance, and a lack 
of sanitation facilities. According to the UNJHRO, almost 80 percent of 
inmates were pretrial detainees. Health care and medical attention 
remained grossly inadequate and infectious diseases rampant. In rare 
cases prison doctors provided care; however, they often lacked 
medicines and supplies. In August 2007 the UN Human Rights Council's 
independent expert on human rights in the DRC recommended that the 
parliament adopt a law to reform the prison system. However, as of 
year's end, neither the Government nor the parliament had responded.
    Larger prisons sometimes had separate facilities for women and 
juveniles, but others generally did not. Male prisoners raped other 
prisoners, including men, women, and children. Prison officials held 
pretrial detainees together with convicted prisoners and treated both 
groups the same. They generally held individuals detained on state 
security grounds in special sections. Government security services 
often clandestinely transferred such prisoners to secret prisons. 
Civilian and military prisons and detention facilities held both 
soldiers and civilians.
    On June 12, foreign diplomats visited the CPRK, which had a 
capacity of 1,500 but held 4,400 detainees and prisoners, almost 400 
more than a year earlier. Pretrial detainees accounted for 65 percent 
of the CPRK's population. Of the 4,400, 1,864 were military prisoners. 
The women's wing housed 130 women and their infant children, who shared 
four toilets. The women suffered from frequent skin and vaginal 
infections and typhoid. In addition to the infants in the women's wing, 
the CPRK housed 64 juveniles. Access to the women's and children's 
wings was self-regulated and not secure.
    The Kisangani Central Prison, originally built in 1927, was in a 
state of disrepair when foreign diplomats visited on December 4. Two 
wings of the interior of the prison appeared uninhabitable due to a 
collapsed roof and the absence of doors. Originally built for a 
capacity of 1,500 prisoners, the prison could only support a few 
hundred at the time of the visit. Of the 282 men being held, only 20 
had been convicted; the rest were awaiting trial.
    Not all the prison staff were being paid. The prison received very 
sporadic financial assistance. The prisoners received only three meals 
per week, largely through the Catholic Church; most days the prisoners 
either had to wait for handouts from relatives, if any lived nearby, or 
they did not eat.
    A separate room, 20 feet by 15 feet, housed 31 military prisoners. 
As in the rest of the prison, there were no beds; prisoners had to 
sleep either on a grass mat or the bare concrete floor. Sanitary 
conditions were extremely poor, as there were only pit latrines and 
open sewer lines. There were no functioning showers. Rooms for civilian 
prisoners were more crowded, with 65-70 prisoners sleeping in rooms 
that were 15 feet by 30 feet. The medical unit was decrepit and austere 
with one box of medicine.
    Escapes from Kisangani Central Prison were problematic. The red 
brick infrastructure crumbled easily by touch or by a blunt tool.
    According to MONUC, fewer than 90 of the country's 230 prisons 
actually held prisoners; while there were no reports of the Government 
officially closing prisons during the year, dozens of prisons that had 
not functioned for years remained closed. In some cases security 
personnel who were detained or convicted for serious crimes were 
released from prison by military associates or by bribing unpaid 
guards. Most prisons were dilapidated or seriously neglected. Prisoners 
routinely escaped from prisons in all provinces.
    On April 1, 46 inmates escaped from Isiro Central Prison in 
Orientale Province after breaking down the main door in the absence of 
PNC guards. The escape reportedly was in protest of the 
unresponsiveness towards the prisoners' grievances, including lack of 
food, inadequate sanitary conditions, and prolonged pretrial detention. 
None of the escapees had been recaptured by year's end.
    Even harsher conditions prevailed in small detention centers, which 
were extremely overcrowded, had no toilets, mattresses, or medical 
care, and which provided detainees with insufficient amounts of light, 
air, and water. Originally intended to house short-term detainees, they 
were often used for lengthy incarceration. They generally operated 
without dedicated funding and with minimal regulation or oversight. 
Informed sources stated detention center authorities often arbitrarily 
beat or tortured detainees. Guards frequently extorted bribes from 
family members and NGOs to visit detainees or provide food and other 
necessities.
    Despite President Kabila's 2006 decision to close illegal jails 
operated by the military or other security forces, there were no 
reports of illegal jails being closed during the year. According to 
MONUC the security services, particularly the intelligence services and 
the GR, continued to operate numerous illegal detention facilities 
characterized by harsh and life threatening conditions. Authorities 
routinely denied family members, friends, and lawyers access to these 
illegal facilities.
    During the year the UNJHRO confirmed cases of torture in detention 
centers run by security services. For example, in April, six inmates in 
Musenze Central Prison in Goma, North Kivu, claimed that ANR agents 
tortured them in an ANR holding cell from March 29 to April 1, before 
transferring them to the prison. UNJHRO officers observed marks on 
their bodies that were consistent with their claims.
    In October 2007 two ANR agents in Bishile, Katanga Province, 
arbitrarily arrested, detained, and subjected a civilian accused of 
facilitating prostitution to cruel, inhuman, and degrading treatment. 
The victim was admitted to the local hospital in critical condition. 
Authorities had taken no action against the ANR agents at year's end.
    The law provides that minors may be detained only as a last resort; 
however, in part due to the absence of juvenile justice or education 
centers, authorities commonly detained minors. Many children endured 
pretrial detention without seeing a judge, lawyer, or social worker; 
for orphaned children, pretrial detention often continued for months or 
years.
    In general, the Government allowed the International Committee of 
the Red Cross, MONUC, and some NGOs access to all official detention 
facilities; however, it did not allow these organizations access to 
illegal government-run detention facilities.
    On April 21, the ANR denied access by UNJHRO officers to holding 
cells in five provinces (Kinshasa, Bas-Congo, North Kivu, Orientale, 
and South Kivu), claiming that the directors of the cells were 
unavailable. According to the UNJHRO, this type of denial commonly 
occurred despite the fact that UN Security Council Resolutions related 
to MONUC's mandate state that UN Human Rights Officers are to be 
granted immediate and unhindered access to all holding cells and places 
of detention.
    Armed groups outside central government control sometimes detained 
civilians, often for ransom, but little information was available 
concerning the conditions of detention (See Section 1.g.).
    Authorities took no action during the year against the mwami (local 
chief), other traditional leaders, or FARDC soldiers involved in the 
arbitrary and inhumane detention and ill-treatment of 57 civilians 
accused of witchcraft at the mwami's private residence in Luvungi, 
South Kivu Province, for four days in October 2007.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest or detention; however, government security forces arbitrarily 
arrested and detained persons.

    Role of the Police and Security Apparatus.--The security forces 
consist of the PNC, which operates under the Ministry of Interior (MOI) 
and has primary responsibility for law enforcement and public order. 
The PNC includes the Rapid Intervention Police and the Integrated 
Police Unit. The ANR, overseen by the president's national security 
advisor, is responsible for internal and external security. Other 
agencies include the military intelligence service of the Ministry of 
Defense; the Directorate General of Migration (DGM), responsible for 
border control; the GR, which reports directly to the presidency; and 
the FARDC, which is part of the Ministry of Defense and generally 
responsible for external security, but which also carries out an 
internal security role.
    Security forces generally remained ineffective, lacked training, 
received little pay, and suffered from widespread corruption. The 
Government prosecuted and disciplined few security forces personnel for 
abusing civilians. Impunity in the security forces remained a severe, 
widespread problem. Investigating misconduct or abuses by the security 
forces is the responsibility of the military justice system. According 
to MONUC's Rule of Law Unit, there were a total of 265 investigators, 
232 prosecutors, and 125 judges in the military system. However, they 
were poorly trained, had little or no resources for investigations, and 
limited, if any, access to legal codes.
    Members of the FARDC and police continued to commit the majority of 
the country's human rights abuses, particularly acts of torture, 
according to MONUC. Although the UN independent expert on human rights 
in the DRC recommended in August 2007 that the Government undertake 
fundamental security sector reform, including the development of 
mechanisms to effectively reduce impunity and end widespread sexual 
violence, the Government had not undertaken significant steps by year's 
end. For example, it had yet to establish a vetting system for members 
of the security forces aimed at suspending officers who had committed 
past human rights abuses.
    However, in August the Government established joint military 
oversight committees with MONUC in several provinces. They were 
composed of military officers, military magistrates, MONUC human rights 
officers, and MONUC child protection officers. They met monthly to 
monitor, investigate, and develop strategies to combat sexual violence 
and other human rights abuses. Their effectiveness remained unclear at 
year's end.
    FARDC naval forces in Equateur Province regularly engaged in 
illegal taxation and harassment of traders along the Congo River. They 
set up checkpoints to collect ``taxes,'' often arresting individuals 
who could not pay the demanded bribes, and stole whatever food and 
money they could from them.
    During the year the Government continued to cooperate with MONUC 
and international donors on police training programs.

    Arrest and Detention.--By law, arrests for offenses punishable by 
more than six months' imprisonment require warrants. Detainees must 
appear before a magistrate within 48 hours. Authorities must inform 
those arrested of their rights and the reason for their arrest, and may 
not arrest a family member instead of the individual being sought. They 
may not arrest individuals for non-felony offenses, such as debt and 
civil offenses. Authorities must allow arrested individuals to contact 
their families and consult with attorneys. In practice security 
officials routinely violated all of these requirements.
    Prolonged pretrial detention, often ranging from months to years, 
remained a problem. Trial delays were due to factors such as judicial 
inefficiency, corruption, financial constraints, and staff shortages. 
Prison officials often held individuals after their sentences had 
expired due to disorganization, judicial inefficiency, or corruption.
    Government security forces sometimes used the pretext of state 
security to arbitrarily arrest individuals and frequently held those 
arrested on such grounds without charging them, presenting them with 
evidence, allowing them access to a lawyer, or following other aspects 
of due process.
    Police often arbitrarily arrested and detained persons without 
filing charges, often to extort money from family members. Authorities 
rarely pressed charges in a timely manner and often created contrived 
or overly vague charges. No functioning bail system existed, and 
detainees had little access to legal counsel if unable to pay. 
Authorities often held suspects in incommunicado detention and refused 
to acknowledge their detention.
    According to the UNJHRO, on January 4, a FARDC soldier attached to 
the Office of the Military Prosecutor arbitrarily arrested a woman in 
Bandundu, Bandundu Province, in place of her son. She paid 14,000 
Congolese francs (approximately $28) for her release. Military 
authorities took no action against the perpetrator.
    On February 28, the military prosecutor of Kolwezi, Katanga 
Province, arrested and detained a woman and her one-year-old baby, 
since she was the sister-in-law of the owner of a residence that the 
prosecutor tried to occupy illegally the day before. He released them 
the same day. Authorities took no action against the prosecutor.
    In March the commander of the Karawa police station in Equateur 
Province arrested and detained a man for attempted arson. The commander 
later illegally took the man from the PNC holding cell and locked him 
up in his private residence because the victim refused to pay him a 
bribe. Over a three-month period, the commander unlawfully detained and 
mistreated the man in his home, which resulted in his death on July 8. 
The commander admitted the charge of unlawful detention before the 
military prosecutor, but rejected the accusation of causing his death. 
A trial date had not been set by year's end.
    On May 3, the vice minister of human rights visited the CPRK 
prison, and after noting that 174 inmates were illegally detained, he 
ordered the immediate release of 40 of them. According to the UNJHRO, 
on July 25, authorities released 116 of the remaining 134 inmates after 
determining that they were illegally detained for political/security 
reasons. The fate of the remaining 18 prisoners was not known at year's 
end.
    In January 2007 the district police inspector of Buta, Orientale 
Province, arrested the wife of a judicial investigator, alleging that 
the investigator was inciting the population against the police. 
According to the UNJHRO, the inspector released the investigator's wife 
after three days of detention and took the investigator into custody. 
The inspector released the investigator after having him tortured and 
after his family paid a large sum of money. No action was taken against 
the inspector.
    Security personnel detained perceived opponents and critics of the 
Government during the year (See Section 2.a).
    The Goma peace accords envisioned a general amnesty for acts of war 
and insurrection committed in North and South Kivu by groups that 
signed the accords, covering the period from June 2003 to the date of 
the promulgation of the amnesty. The amnesty bill had not been passed 
by the parliament by year's end. The proposed amnesty bill specifically 
excluded war crimes, crimes against humanity, and genocide.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; in practice, judges who were poorly compensated, 
remained subject to influence and coercion by officials and other 
influential individuals.
    For example, on February 9, while the laws to create new 
constitutionally mandated judicial institutions were under 
parliamentary consideration, the president began to reorganize the 
judiciary. President Kabila signed seven presidential decrees 
throughout February appointing 28 new magistrates, most notably a new 
chief justice of the Supreme Court and prosecutor general, and forced 
into retirement 89 other magistrates, despite a severe shortage of 
judges. The new magistrates were appointed to positions beyond their 
qualifications. According to the UNJHRO, the Magistrates' Union staged 
a one-week strike to protest the alleged unconstitutionality of these 
decrees.
    In April the UNJHRO observed that high-ranking military officers in 
North and South Kivu provinces were adjudicating cases in which their 
own soldiers were implicated. Their alleged interference resulted in 
several out-of-court settlements regarding rape cases. For example, a 
FARDC commander in Muhangi, North Kivu Province, admitted having 
facilitated an out-of-court settlement involving the April 6 rape of a 
14-year-old girl by a FARDC warrant officer.
    Despite investigations launched by authorities late in 2007, no 
action was taken during the year against General Jean-Claude Kifwa, 
commander of the 9th Military Region and a cousin of President Kabila, 
and his security detail for arresting and severely beating two military 
magistrates in Kisangani, Orientale Province, in September 2007. They 
allegedly arrested the magistrates for objecting to two pending cases 
being tried in the military instead of the civilian court system.
    Judicial corruption remained pervasive, particularly among 
magistrates. The judicial system was funded with less than one percent 
of the national budget and was poorly staffed, with a very limited 
presence outside of Kinshasa. There were only 2,000 magistrates (judges 
who serve in the lowest level courts) serving the entire population 
(one magistrate for every 30,000 citizens), and two-thirds of them were 
located in Kinshasa, Matadi (Bas-Congo Province), and Lubumbashi 
(Katanga Province). There were fewer than 200 courts, of which 
approximately 50 were functioning during the year. In rural areas, 
where there were often no courts within a 310-mile radius, justice was 
administered on an ad hoc basis by any available authority, creating 
extraordinary opportunities for corruption and abuse of power. During 
the year some observers asserted that members of both the executive and 
legislative branches were content to keep the judiciary weak and 
ineffective because it protected their power and allowed them to engage 
in corruption and abuse of power without consequence.
    Following his assessment mission in March, the UN Human Rights 
Council's independent expert on human rights in the DRC highlighted the 
lack of judicial capacity and the continuing human rights abuses, 
particularly sexual violence, and called for an end to impunity through 
``any provision to provide the judicial system with adequate salaries, 
equipment, and staff.'' The independent expert stated there were as 
many as 14,200 cases of rapes registered in provincial health centers 
from 2005-07, of which only 287 were taken to trial. In addition, 
according to the UNJHRO, despite strengthened laws on sexual violence 
in recent years, ``law enforcement personnel and magistrates continue 
to treat rape and sexual violence in general with a marked lack of 
seriousness. Consequently, men accused of rape are often granted bail 
or given relatively light sentences, and out-of-court settlements of 
sexual violence cases are widespread.'' However, during the year the 
Government cooperated with the UN and other donor nations to train 
civil and military judges in methods to effectively adjudicate rape 
cases.
    The civilian judicial system, including lower courts, appellate 
courts, the Supreme Court, and the Court of State Security, failed to 
dispense justice consistently and was widely disparaged by the 
international community and Congolese citizens as ineffective and 
corrupt.
    The 2006 constitution laid the foundation for an independent 
judiciary by removing previous presidential powers to appoint and 
remove magistrates. The Supreme Court's functions are also divided into 
a Constitutional Court, Appeals Court, High Council of Magistrates 
(CSM), and Administrative Oversight Agency. In July parliament passed 
the necessary legislation to create the new CSM. President Kabila 
promulgated the legislation in August. By law, the CSM was to have 
adopted internal rules of procedure within 30 days; this was delayed, 
in part, because no government funds had been received since September. 
By year's end the new body was not fully operational.
    Military courts, which had broad discretion in sentencing and 
provided no appeal to civilian courts, tried military as well as 
civilian defendants during the year. The military code of justice, in 
place prior to the adoption of the present constitution, continued in 
force. It prescribed trial by military courts of all cases involving 
state security and firearms, whether the defendants were military or 
civilian. In August 2007 the UN's resident expert on human rights 
recommended that the Government establish a clearer separation between 
civilian and military jurisdictions. No action was taken by parliament 
during the year to address this.

    Trial Procedures.--As provided for in the constitution, defendants 
enjoy a presumption of innocence until proven guilty. However, in 
practice most detainees were treated as already having been convicted 
by authorities. Although the Government permitted, and in some cases 
provided, legal counsel, lawyers often did not have free access to 
defendants. The public could attend trials only at the discretion of 
the presiding judge. Juries are not used. During trials defendants have 
the right to be present and to be provided a defense attorney. However, 
in practice these rights were not always respected. Defendants have the 
right to appeal in most cases except those involving national security, 
armed robbery, and smuggling, which the Court of State Security 
generally adjudicates. Defendants have the right to confront and 
question witnesses against them and can present evidence and witnesses 
in their own defense. The law requires that defendants have access to 
government-held evidence, but this was not always observed in practice. 
There were no reports of women or specific ethnic groups being 
systematically denied these rights.
    In the appeal trial concerning the murder of local journalist Serge 
Maheshe, which lasted from February to May, the UNJHRO observed the 
persistent violation of the rights of the main defendants. The Bukavu 
Military Court continuously failed to provide interpreters to the 
defendants, refused to investigate leads and evidence exculpatory for 
the defendants, including refusing to seek a ballistic test for the 
weapon allegedly used in the murder, and repeatedly denied equity and 
neutrality in the allocation of time to the parties to present their 
cases.

    Political Prisoners and Detainees.--There were reports of political 
prisoners and detainees, and HRW estimated that there were at least 200 
political prisoners in detention at the end of the year. The Government 
sometimes permitted access to political prisoners by international 
human rights organizations.
    According to MONUC, by year's end authorities had released each of 
the 200 detainees who had been arrested and detained by security forces 
following fighting in Kinshasa between forces loyal to President Kabila 
and Senator Bemba in March 2007 (See Section 1.a.).
    On October 2, the Kinshasa/Gombe Military Court reduced the 20-year 
sentence of Fernando Kutino to 10 years in prison following the end of 
his appeal trial. After Kutino criticized President Kabila in a radio 
broadcast, a military tribunal convicted him and two colleagues in 
2006, following a trial that reportedly used evidence obtained through 
torture, according to informed sources.

    Civil Judicial Procedures.--Civil courts exist for lawsuits and 
other disputes, but the public widely viewed them as corrupt. The party 
willing to pay the higher bribe was generally believed to receive 
decisions in its favor. Most individuals could not afford the often 
prohibitive fees associated with filing a civil case. While the law 
stipulates access to free legal counsel for citizens in civil trials, 
in practice, magistrates remained overburdened by large caseloads in 
areas outside of Kinshasa. It was difficult to retain the continued 
services of lawyers, who often spent minimal time outside of the 
capital. No civil court exists specifically to address human rights 
violations.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary interference with privacy, 
family, home, or correspondence; however, security forces routinely 
ignored these provisions. Soldiers, demobilized soldiers, deserters, 
and police continued to harass and rob civilians. Security forces 
routinely ignored legal requirements and entered and searched homes or 
vehicles without warrants. In general those responsible for such acts 
remained unidentified and unpunished. Security forces sometimes looted 
homes, businesses, and schools.
    On July 8, two police officers reportedly broke into the home of a 
man in Mbuji-Mayi, Kasai Oriental Province, to arrest him for a pending 
debt. They severely beat the man's son for trying to stop them and for 
asking for a search warrant. Authorities had taken no action against 
the soldiers by year's end.
    Authorities at times arrested or beat a relative or associate of a 
person they sought to arrest (See Section 1.d.).
    Armed groups operating outside government control in the east 
routinely subjected civilians to arbitrary interference with privacy, 
family, home, and correspondence (See Section 1.g.).

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Internal conflict continued in rural and mineral-rich parts of the 
east, particularly in North Kivu Province, and to a lesser degree, 
South Kivu Province and the Ituri District of Orientale Province. 
Despite the signing of the Goma peace accords in January, in which more 
than 20 rebel groups agreed to withdraw and disarm, fighting continued 
throughout the year, including a major intensification beginning in 
late August. According to a countrywide International Rescue Committee 
mortality survey released in January, conflict and related humanitarian 
crises, including the destruction and deterioration of essential 
infrastructure such as health centers, continued to result in as many 
as 45,000 deaths each month.
    Military preparations during the year, and the fighting itself, led 
to further depredations against civilians by members of security forces 
and armed groups, led to further recruitment of child soldiers and 
dozens of attacks on humanitarian groups, and temporarily halted 
humanitarian aid to many of North Kivu Province's displaced persons. 
Following a late August skirmish in the Rutshuru territory of North 
Kivu Province, large scale hostilities broke out on several fronts in 
Rutshuru and neighboring Masisi territories, pitting the FARDC, FDLR, 
and local self-defense militia known as Mai-Mai, including the 
Congolese Patriotic Resistance (PARECO), against the National Congress 
for the Defense of the People (CNDP), led by former FARDC general 
Nkunda, a self-proclaimed defender of the country's Tutsi minority and 
a former officer of the Rwanda-backed Congolese Rally for Democracy 
rebel group (RCD). This escalation of fighting in North Kivu Province 
internally displaced 250,000 persons between August and year's end and 
generated 40,000 refugees who fled into neighboring Uganda. More than 
17,000 MONUC peacekeepers, including 6,100 in North Kivu, 3,500 in 
South Kivu, and 3,700 in Ituri District of Orientale Province, 
continued to provide logistical support and training to the FARDC. In 
December the UN Security Council extended MONUC's mandate until 
December 31, 2009, and approved more than 3,000 additional peacekeeping 
soldiers and police for the mission.
    Security forces and armed groups continued to kill, abduct, 
torture, and rape civilians, and burn and destroy villages. All parties 
continued to use mass rape and sexual violence with impunity, often as 
weapons of war, and to humiliate and punish individuals, victims, 
families, and communities. According to a report released in July by a 
coalition of 64 international and local aid agencies and human rights 
organizations, more than 2,200 cases of rape were recorded in June in 
North Kivu Province, which represented only a small portion of the 
actual rapes committed in the province. Rapes, on occasion, committed 
against a single woman by large numbers of armed men, sometimes 
resulted in vaginal fistulas, a rupture of vaginal tissue that left 
victims unable to control bodily functions and likely to be ostracized.
    According to a report released in November by the UN Secretary-
General, there continued to be 3,500 children in the ranks of all armed 
groups and in a few units of government security forces in the east, 
with the overwhelming majority of them found in armed groups, serving 
as combatants, porters, spies, and sex slaves. Despite their 
commitments given at the January Goma peace conference to immediately 
demobilize children, armed groups continued to actively recruit child 
soldiers into their ranks, and child protection agencies reported a 
surge in forcible recruitment of children in North Kivu Province by 
armed groups in November, particularly by the CNDP and Mai-Mai. 
According to a September Amnesty International report, for every two 
children demobilized, five were recruited. While there were a few 
reports of child recruitment during the year by a nonintegrated FARDC 
brigade, most reports indicated that the FARDC was no longer 
systematically recruiting children. UN officials estimated that between 
200 and 300 children remained within the FARDC's nonintegrated 
brigades, particularly in the 81st and 85th brigades.
    Since 2004 more than 31,000 children have been released from the 
FARDC and rebel groups. However, in addition to the estimated 3,500 
children being held by armed groups and a few FARDC units before the 
escalation of violence in August, many of the 2,200 child soldiers 
demobilized and reunited with their families during the year were re-
recruited by armed groups, according to Save the Children.
    Fighting between the FARDC and armed groups continued to displace 
populations and limit humanitarian access to conflict areas. According 
to the Office of the UN High Commissioner for Refugees (UNHCR), at 
year's end there were more than 1.4 million internally displaced 
persons, including 1 million in North Kivu Province and more than 
100,000 in Orientale Province.
    In the provinces of North and South Kivu, the illegal exploitation 
of natural resources-including cassiterite (a tin oxide) and columbite-
tantalite (or coltan), both of which were used in the global 
electronics industry-by some FARDC units and armed groups such as the 
FDLR, CNDP, and PARECO-continued to prolong the conflict, facilitate 
the purchase of small arms to commit abuses, and reduce government 
revenues needed for increasing security and rebuilding the country. The 
FARDC, particularly the 85th Nonintegrated Brigade in North Kivu 
Province, and FDLR forces in both Kivu provinces forced civilians to 
work for them or relinquish their mineral production and extorted 
illegal taxes, according to international NGO, Global Witness. During 
the year, a UN Group of Experts charged with investigating violations 
of the international arms embargo concerning armed groups in the DRC 
collected credible evidence of the large-scale smuggling of minerals 
such as gold and cassiterite to neighboring countries. The group of 
experts recommended that exporters and consumers of Congolese mineral 
products publicly disclose evidence that would demonstrate that they 
were not knowingly purchasing materials that were benefiting armed 
groups or government security forces engaged in illegal mineral 
exploitation, and that donor nations develop a map of mineral rich 
zones and make it public to ``remove the excuse'' that companies were 
unaware of which areas were controlled by armed groups.
    At times, verification of reported abuses in the east was difficult 
due to geographical remoteness and hazardous security conditions; 
however, MONUC's presence allowed observers to gather more information 
than would have otherwise been possible.

    Abuses by Government Security Forces.--Government security forces 
arrested, illegally detained, raped, tortured, and summarily executed 
or otherwise killed civilians and looted villages during military 
actions against armed groups during the year, according to reports by 
UN agencies and NGOs. Members of the FARDC 13th Integrated Brigade were 
responsible for the disappearance of at least six civilians and the 
arbitrary execution of at least one civilian during January operations 
against the Patriotic Resistance Forces of Ituri (FRPI) in Kamatsi, 
Orientale Province, according to a UNJHRO investigative team. Military 
authorities had not taken any action by year's end.
    On January 2, according to the UNJHRO, members of the FARDC 2nd 
Integrated Brigade killed eight civilians, including three children, in 
the village of Musezero, North Kivu Province. The military prosecutor 
sought MONUC's assistance in conducting an investigation into the 
killings, but at year's end authorities had taken no action.
    According to Radio Okapi, on October 29, during their retreat in 
front of encroaching CNDP rebels, dozens of FARDC soldiers in Goma, 
North Kivu, committed serious abuses against the local populations, 
including killing nine civilians, raping three girls, and pillaging 
numerous homes, stores, and restaurants. In November the military 
prosecutor in Goma arrested 24 soldiers for their alleged participation 
in said crimes. As of year's end, a trial date had not been set.
    According to MONUC officials, on November 7, a group of FARDC 
soldiers tried to extort money and cell phones from a group of off-duty 
Senegalese UN peacekeepers in Goma. An argument ensued and one of the 
FARDC soldiers fatally shot a Senegalese peacekeeper. There was no 
reported action taken against the FARDC gunman or any of the soldiers.
    There were no reports of authorities taking any action against two 
FARDC corporals of the 24th Integrated Battalion who the Office of the 
Military Prosecutor determined to be responsible for the arbitrary 
execution of two civilians in the area of a market northeast of Beni, 
North Kivu Province, in September 2007.
    In November 2007 a FARDC soldier of the 7th Integrated Brigade 
allegedly shot and killed a civilian in Kabaya, North Kivu Province, 
following an argument. Military authorities arrested the soldier, but 
it was not known whether the military prosecutor had brought the case 
to trial by year's end.
    The FARDC also continued to subject civilians to physical abuse and 
arbitrary arrest in the east. For example, from June 20-22, the UNJHRO 
investigated reports of human rights abuses committed by FARDC elements 
engaged in fighting the Mai-Mai in Orientale Province. They were 
accused of rape, looting, and ill-treatment of the civilian population. 
Witnesses said that many FARDC elements deserted their units in 
reaction to fierce resistance from Mai-Mai combatants and subsequently 
went on a rampage in nearby villages, carrying out reprisal attacks 
against the local residents. Nine women claimed that they were gang-
raped by four FARDC soldiers. Authorities took no action against the 
soldiers.
    By year's end, despite receiving a formal complaint from victims, 
the Office of the Military Prosecutor in Kalemie, Katanga Province, had 
taken no action against 25 FARDC soldiers of the 67th Integrated 
Brigade who subjected 92 civilians in the village of Kahese, Katanga 
Province, to cruel, inhuman, and degrading treatment as well as 
extortion in October 2007.
    There was no information on the status of four individuals 
arbitrarily arrested and illegally detained by the ANR in November 2007 
in Goma, North Kivu Province, for allegedly collaborating with the 
CNDP.
    Rape by members of security forces remained a serious problem, and 
perpetrators enjoyed almost total impunity. In July a FARDC soldier of 
the 14th Integrated Brigade arrested and raped a woman suspected of 
collaborating with the FDLR, according to the UNJHRO. The commanding 
officer of the perpetrator offered the victim 5,000 Congolese francs 
(approximately $10) to settle the matter. The perpetrator was not 
prosecuted.
    The FARDC 7th and 15th integrated brigades raped at least 10 women 
while retreating amid combat operations in the Ruthsuru villages of 
Kibirizi and Nyanzale in North Kivu Province between September and 
year's end. There were no reports of authorities taking action against 
the soldiers.
    Between August 22-28, FARDC soldiers from the 131st Battalion of 
the 13th Integrated Brigade raped seven women in the village of the 
Lubero territory of North Kivu Province. There were no reports of 
authorities taking action against the soldiers.
    No action was taken against FARDC soldiers of the 2nd Integrated 
Brigade in Vuyinga, North Kivu Province, who committed a series of 
rapes during April 2007.
    The use and treatment of child soldiers by FARDC elements remained 
a problem. In a report released in December, the UN Group of Experts 
presented evidence that the 85th Nonintegrated Brigade recruited 
children into its ranks shortly after having facilitated the release of 
30 children in May. In addition, the UN Group of Experts and MONUC 
Child Protection expressed concern about frequent reports of the 
prolonged detention of children at detention centers following their 
separation from armed groups; the group noted that this practice often 
involved the interrogation of children and inhumane treatment.

    Abuses by FARDC Mixed Brigades.--Many human rights violations were 
committed in 2007 by five ``mixed brigades,'' created when former FARDC 
general Nkunda, based in North Kivu Province, agreed in late 2006 to 
``mix'' his troops with pro-government troops in North Kivu, before the 
agreement collapsed in August 2007. Nkunda remained subject to a 2005 
Congolese arrest warrant for alleged war crimes and crimes against 
humanity committed since 2002.
    FARDC mixed brigades in North Kivu Province, notably Bravo Brigade, 
based in Rutshuru territory, and Charlie Brigade, based in Masisi 
territory, killed civilians during 2007. The Government took no action 
during the year against any of the soldiers in the mixed brigades 
responsible for killings in 2007, largely because most of them 
subsequently joined the CNDP following the disintegration of the mixed 
brigades and remained outside government control.
    Some mixed brigade commanders recruited or tolerated the use of 
children as soldiers during 2007. These commanders included Colonel 
Faustin of Delta Brigade, deputy commander Colonel Baudouin of Charlie 
Brigade, former Ituri District militia leader Bosco Ntaganda, Bravo 
commander Colonel Sultani Makenga and Lieutenant Colonel Mulomba. Since 
they all subsequently joined the CNDP, the Government was not able to 
take any action against them.

    Abuses by Armed Groups Outside Central Government Control.--Illegal 
armed groups committed numerous serious abuses, especially in rural 
areas of North and South Kivu provinces during the year. Such groups, 
which were believed to have approximately 20,000 combatants, killed, 
raped, and tortured civilians, often as retribution for alleged 
collaboration with government forces.
    Armed groups maintained and recruited child soldiers, including by 
force, sometimes from schools and churches, and sometimes killed, 
threatened, and harassed humanitarian workers. According to the 
December report by the UN Group of Experts, the most active commanders 
responsible for recruitment of child soldiers belong to the CNDP 
(Innocent Kabundi, Sultani Makenga, Nkunda, and Ntaganda) and PARECO 
(its North Kivu commander, Mugabo).
    Many armed groups abducted men, women, and children and compelled 
them to transport looted goods for long distances without pay. On 
occasion, armed groups also forced civilians to mine. Armed groups 
forced women and children to provide household labor or sexual services 
for periods ranging from several days to several months.
    Armed groups in parts of the east sometimes detained civilians, 
often for ransom. They continued to loot, extort, and illegally tax 
civilians in areas they occupied.
    There were no credible attempts by armed groups to investigate 
abuses allegedly committed by their fighters.

    National Congress for the Defense of the People (CNDP).--Forces 
loyal to former FARDC general Nkunda, believed to number between 4,000 
and 7,000 combatants, continued to commit serious abuses in North Kivu 
Province following the disintegration of the mixed brigades in 2007. On 
October 2, Nkunda publicly announced that the CNDP had organized itself 
as the Movement of Total Liberation of the Republic and withdrew from 
the Amani process while declaring it dead. According to MONUC, there 
were frequent reports of beatings, abductions, forced displacement, 
extortion at road blocks, looting, and forced labor in territories 
controlled by the CNDP, including the forced recruitment of child 
soldiers. There were also reports of killing and rape by the CNDP. No 
action was taken against CNDP combatants for any of their human rights 
abuses.
    On January 16-17, CNDP elements arbitrarily executed at least 30 
civilians, all of whom belonged to the Hutu ethnic group, in the 
vicinity of Kalonge, North Kivu Province, according to a UNJHRO 
investigative team. CNDP soldiers executed them using firearms, 
machetes, and hammers before dumping the bodies into several mass 
graves. A likely motive for the killings is that the victims had left a 
CNDP-held area to seek refuge in an area controlled by PARECO.
    According to the UN Group of Experts on the DRC, in August and 
September there were credible eye-witness reports that three children 
who attempted to flee a CNDP military camp under the command of CNDP 
Colonel Sultani Makenga were summarily executed during August and 
September.
    Between November 4 and 6, fighting in the North Kivu town of 
Kiwanja, 50 miles north of Goma, between the CNDP and local Mai-Mai 
resulted in the deaths of several civilians. By year's end estimates 
ranged from at least 50 to 200, but MONUC had not released the results 
of its investigation. According to reports by international human 
rights and aid organizations and international media, the majority of 
civilian victims were killed by CNDP combatants, including several days 
after the fighting ended, all in reprisal against those deemed by the 
CNDP to be collaborating with Mai-Mai militia. In addition the CNDP 
summarily executed 20 civilians in Kiwanja for refusing to carry water 
for CNDP combatants, according to one international NGO.
    On December 16, an unidentified armed group in CNDP-held territory 
in Rutshuru, North Kivu Province fired upon the convoy of the child 
protection NGO Voluntary Association for International Service, killing 
an Italian aid worker and seriously wounding the driver. Afterward, 
MONUC called on the CNDP to cease committing human rights abuses and 
stated that the killing could be regarded as a war crime or crime 
against humanity; however, no action was taken against those 
responsible.
    On January 31, 15 CNDP soldiers abducted 15 civilians from 
Kitchanga, North Kivu Province, and forced them to carry their 
belongings to Bwiza, three kilometers away. The soldiers allegedly 
mutilated the genitals of one of the victims after they discovered that 
he had a demobilization identification card in his pocket and accused 
him of not wanting to be recruited by the CNDP.
    On April 20, CNDP elements arbitrarily arrested and illegally 
detained four civilians in Karuba, North Kivu. The soldiers allegedly 
beat them during their interrogation and transfer to a CNDP holding 
cell in Mushake. According to the UNJHRO, the CNDP has refused to hand 
over the victims to authorities, claiming that the cases will be 
adjudicated by CNDP judicial police officers. The victims' statuses 
were not known at year's end.
    According to HRW, during its takeover of Rutshuru and Kiwanja in 
October and November, CNDP soldiers raped at least 16 women and girls. 
Along with the killings, the rapes appeared to be in retribution for 
alleged aid given to CNDP enemies.
    According to the December report of the UN Group of Experts, there 
were several cases during the year of aggressive and forcible 
recruitment of children by the CNDP, including from schools and 
churches, for use as combatants, bodyguards, and porters. CNDP 
recruitment intensified in September, particularly in the Masisi 
territory of North Kivu Province. In October, 16 children reportedly 
sought protection at the bases of a MONUC brigade to avoid CNDP 
recruiters near the town of Mushaki before being relocated by MONUC. 
There were no actions taken against pro-Nkunda forces who committed 
abuses, including killings and rape, in 2007.
    The Democratic Forces for the Liberation of Rwanda (FDLR)
    The FDLR continued to be led by individuals responsible for 
fomenting and implementing the Rwandan genocide. Between 6,000 and 
8,000 FDLR fighters remained in the provinces of North and South Kivu. 
According to MONUC, 1,367 FDLR members opted to voluntarily demobilize 
and return to Rwanda in 2008, representing a sizable increase over the 
800 who did so in 2007. According to the December report by the UN 
Group of Experts, there was strong evidence that the FARDC collaborated 
with the FDLR, including through the provision of military equipment 
and in joint operations against the CNDP, despite the November 2007 
Nairobi communique signed by the Congolese and Rwandan governments, 
which called for military engagement against the FDLR by September.
    FDLR fighters continued to commit abuses against civilians, 
including killings, abductions, and rapes. On January 24, FDLR troops 
shot and killed the village chief of Kilali, North Kivu. FDLR had 
accused him of providing information on their location to the FARDC 
85th Nonintegrated Brigade. According to the UNJHRO, military 
authorities arrested three of the alleged perpetrators but had not 
prosecuted them by year's end.
    According to the UNJHRO, on March 15, FDLR combatants arbitrarily 
executed three civilians in Tchanishasha, South Kivu Province. No 
action had been taken against them by year's end.
    The UNJHRO reported that on March 27, FDLR forces allegedly killed 
three residents of Kabunga, North Kivu, whom they accused of poisoning 
their commander and practicing witchcraft. No action had been taken 
against them by year's end.
    The FDLR took no credible action to investigate or address human 
rights abuses allegedly committed by its members.

    Ituri District Militia Groups.--Following the signing of a 2006 
cease-fire agreement between militias in the Ituri District of 
Orientale Province, including the Front for National Integration (FNI), 
the Congolese Revolutionary Movement, the Front for Patriotic 
Resistance in Ituri (FRPI), and the Government, reports of human rights 
abuses by Ituri militias decreased in 2007, as a process of 
disarmament, demobilization, and reintegration for former combatants 
began to be implemented. However, during the year abuses by Ituri 
District militias appeared to increase again; first, in isolated 
incidences; and then, in a more organized manner. On January 4 and 5, 
FNI combatants attacked villages in and around Lalo and Djurukidogo in 
Ituri District. According to a UNJHRO investigation, FNI combatants 
burned two children to death, kidnapped the chief of Djurukidogo and a 
15-year-old girl, subjected two men to cruel and inhumane treatment, 
and looted nine villages.
    According to MONUC, in July a residual group of FRPI members began 
attacking the local population of Tchey in Irumu Territory of Oriental 
Province, employing acts of violence and looting. In retaliation to an 
intensified FARDC counter-insurgency operation in the area, the FRPI 
launched a major attack on September 29 against the villages of Tchey, 
Quinz, Bulanzabo, and Kodheza, sending hundreds of civilians fleeing 
and briefly capturing FARDC camps at Tchey and Quinz.
    In October the FRPI commanders contacted MONUC to announce that 
they and combatants from the FNI had begun fighting under the banner of 
a new group, the Popular Front for Justice in Congo (FPJC). The FPJC 
reportedly incorporated a broader ethnic composition, as compared to 
the FRPI, which was closely identified with the Ngiti ethnic group.
    The UNJHRO reported that on February 6, authorities arrested 
Mathieu Ngudjolo, a former senior FNI commander, and transferred him to 
the International Criminal Court (ICC) in The Hague. His war crimes and 
crimes against humanity charges included murder, sexual slavery, and 
using child soldiers in hostilities.
    According to the UNJHRO, on April 28 the ICC unsealed an 
outstanding arrest warrant against former Ituri warlord Bosco Ntaganda. 
The ICC charged him with the enlistment, conscription, and active use 
of children in hostilities between July 2002 and December 2003 while he 
was the chief of military operations for the Union of Congolese 
Patriots. In 2006 he became the chief of staff for the CNDP in North 
Kivu. Authorities had not arrested him by year's end.
    According to Radio Okapi, the ICC confirmed the charges against 
Mathieu Ngudjolo and Germain Katanga on September 26. Their cases were 
scheduled to be tried together in 2009.
    In October 2007 the Government transferred Germain Katanga, a 
former FRPI leader, to the ICC on various charges of war crimes and 
crimes against humanity, including killings, using child soldiers, and 
forcing women into sexual slavery.
    Former Ituri militia leader Thomas Lubanga, whom the Government 
surrendered to the ICC in March 2006, remained in custody during the 
year. On June 13, the court imposed a stay of the proceedings against 
him, since the prosecutor did not share confidential information that 
may have contained exculpatory evidence for the defense. On October 21, 
the Appeals Chamber confirmed the stay of proceedings, denied Lubanga's 
appeal and release, and remanded the evidence sharing question back to 
the Trial Chamber. The Trial Chamber's ruling was pending at year's 
end.
    On February 15, the Kisangani Court of Appeal, citing the 2005 
amnesty law, acquitted Yves Kawa Panga Mandro, alias Chief Kawa, a 
former Ituri militia leader convicted in 2006 for crimes against 
humanity in 2003. According to the UNJHRO, the appeals judge ruled that 
the prosecution had made a number of errors in the case. However, Kawa 
remained in detention as the military prosecutor-general requested that 
he be transferred from the MONUC military facility in Bunia to the CPRK 
prison in Kinshasa while the prosecutor appealed the decision of the 
appeals court to the High Military Court in Kinshasa.

    Mai-Mai.--Various Mai-Mai community-based militia groups in the 
provinces of South Kivu, North Kivu, and Katanga continued to commit 
abuses against civilians, including killings, abductions, and rapes. 
According to the UN Group of Experts on the DRC, the use of children as 
soldiers by PARECO and other Mai-Mai groups in North Kivu Province was 
endemic.
    According to the UNJHRO, on March 1, PARECO combatants allegedly 
raped a woman, stabbed a 17-year-old girl, and arbitrarily executed six 
other civilians during an attack on Luwuzi, North Kivu Province.
    In October 2007 a joint team composed of FARDC, UN, and local 
officials investigating allegations of mass rape perpetrated in Lieke 
Lesole, Orientale Province, beginning in late July 2007, determined 
that a Mai-Mai group led by Colonel Thomas was responsible for 114 
cases of rape committed between July and August 2007. On February 21-
22, FARDC soldiers arrested two Mai-Mai combatants for illegal 
possession of weapons and ammunition but subsequently discovered that 
they were implicated in the Lieke Lesole mass rape. In addition, on 
April 22, the Kisangani military prosecutor arrested Colonel Thomas for 
his responsibility in orchestrating the mass rape. On May 17, 
authorities arrested two more of Thomas' men and brought them to the 
Office of the Military Prosecutor. On July 21-26, the UNJHRO conducted 
another joint investigative mission with military authorities in Lieke 
Lesole, where they took statements from 30 victims of the mass rape, 
including eight children. At year's end Thomas and his men remained in 
detention at the Kisangani Central Prison awaiting a trial date.
    In August 2007 the Kipushi military tribunal in Katanga Province 
began the trial of Katanga Mai-Mai leader Gideon for war crimes and 
crimes against humanity. At the end of the year, his trial was still 
underway. However, according to the UNJHRO, there was a suspension of 
the trial since his attorneys were boycotting the court to protest the 
arrest of their colleagues (other defense attorneys) in another case.
    Clashes between Mai-Mai militia and the FARDC led to population 
displacement in North Kivu Province during the year.

    Allied Democratic Forces/National Army for the Liberation of Uganda 
(ADF/NALU).--MONUC officials said members of ADF/NALU, a Ugandan rebel 
group active in northern North Kivu Province, engaged in petty theft 
and extortion throughout the year.

    Lord's Resistance Army (LRA).--The LRA, which relocated from Uganda 
to the DRC's Garamba National Park (Orientale Province) in 2005, was 
responsible for killing, raping, and kidnapping hundreds of persons in 
the DRC, Central African Republic, and Sudan as it continued to seek 
the overthrow of the Ugandan government. The LRA continued to hold 
children it had forcibly abducted.
    Radio Okapi reported that on February 12, combatants of the LRA 
killed three civilians near Doruma, Orientale Province. The LRA also 
reportedly killed six civilians in the village of Mukosa, in the Haut 
Uele District of Orientale Province, on October 19 while burning and 
looting their village.
    The LRA continued to attack local villages and forced citizens to 
flee in Dungu Territory, Orientale Province. The UNHCR estimated that 
there were more than 104,000 internally displaced persons in the 
territory by late December. Following the concerted efforts in mid-
December by Ugandan, Congolese, and southern Sudanese military forces 
to confront the rebels, the LRA began a new series of attacks on 
civilians. The NGO Caritas estimated that the LRA killed more than 400 
civilians between December 25 and 29, while HRW estimated a higher 
figure of more than 600 killed. The UN Office for the Coordination of 
Humanitarian Affairs reported that the largest LRA attack occurred in 
Faradje the evening of December 25 with a death toll of 129, 225 
persons kidnapped, including 160 children, and 80 women raped.

    Abuses by UN Peacekeepers.--A number of sexual exploitation and 
abuse cases by MONUC peacekeepers were under investigation. However, 
the monthly rate of allegations has declined since 2005.
    On August 12, the United Nations Office of Internal Oversight 
Services made public the results of an investigation wherein it accused 
Indian peacekeepers posted in the DRC in 2007 and the first part of the 
year of child abuse, indulging in a child prostitution ring near 
Masisi, North Kivu Province, and helping to organize the ring. The 
Indian government promised its own thorough investigation and to bring 
to justice those found guilty.
    On the morning of October 27, violent civil demonstrations against 
MONUC began in Goma between the town center and the airport, resulting 
in one civilian death outside of a MONUC transit camp, when a soldier 
from MONUC's Malawian contingent opened fire in accordance with MONUC 
rules of engagement.
    There were allegations by international media in April that the UN 
ordered a halt to investigations into allegations that, in exchange for 
gold, its peacekeepers were arming rebels they were assigned to disarm. 
According to the allegations reported in international media, in 2005 
some Indian and Pakistani peacekeepers received gold from the FNI and 
the FDLR in exchange for weapons in Orientale and North Kivu provinces. 
UN officials stated during the year that they had investigated the 
allegations in previous years, acknowledged the evidence of limited 
gold trading and smuggling by a small number of MONUC personnel, but 
did not find evidence of arms trading. MONUC referred the respective 
cases to the Governments of India and Pakistan for discipline. It was 
not known whether the responsible troops were punished. By the 
beginning of the year, the accused peacekeepers were no longer 
stationed in the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press; however, the Government restricted these 
rights in practice. Freedom of the press declined during the year. In 
August 2007 the UN's independent expert on human rights in the DRC 
recommended that the Government increase its dialogue with the media to 
seek ``remedies, when necessary, through the law'' and reduce violence 
against the media; however, the Government took no action on the 
proposal during the year. The Government intimidated journalists and 
publishers into practicing self-censorship.
    Generally individuals could privately criticize the Government, its 
officials, and private citizens without being subject to official 
reprisals. However, on February 8, ANR agents in Goma arbitrarily 
arrested and detained a member of the Union for Democracy and Social 
Progress/Goma for discussing politics with local citizens. The victim, 
who was released on February 13 after the UNJHRO intervened, claimed 
that he was subjected to cruel, inhumane, and degrading treatment while 
in detention. No action had been taken against the responsible ANR 
agents by year's end.
    A large and active private press functioned throughout the country, 
and the Government licensed a large number of daily newspapers to 
publish. The Government required every newspaper to pay a license fee 
of 250,000 Congolese francs (approximately $450) and complete several 
administrative requirements before publishing. Many journalists lacked 
professional training, received little, if any, salary, and were 
vulnerable to manipulation by wealthy individuals, government 
officials, and politicians who provided cash or other benefits to 
encourage certain types of articles. Many newspapers remained critical 
of the Government, and many others showed bias toward it or supported 
particular political parties. The Government press agency published the 
Daily Bulletin that included news reports, decrees, and official 
statements.
    Radio remained the most important medium of public information due 
to limited literacy and the relatively high cost of newspapers and 
television. More than 200 privately owned radio and television stations 
operated independently. The state owned two radio stations and one 
television station, Congolese National Radio-Television (RTNC). The UN 
operated Radio Okapi, the only nationwide radio network. The 
president's family also owned and operated television station Digital 
Congo. Political parties represented in the Government could generally 
gain access to RTNC.
    During the year security forces did not generally arrest or harass 
foreign journalists; however, on April 16, the DGM arrested independent 
Belgian journalist Colin del Fosse in Seke-Banza, Bas-Congo, for 
allegedly entering mining areas without authorization. The journalist 
had informed local authorities that he wanted to investigate the 
clashes in March between the BDK and security forces.
    Security forces arrested, harassed, intimidated, and beat local 
journalists because of their reporting. For example, on January 9, 
police in Kinshasa arrested reporter Maurice Kayombo from Les Grand 
Enjeux magazine for reporting ``damaging allegations'' against 
Christophe Kanionio, secretary-general of the Mining Ministry, 
according to the NGO, Reporters Without Borders (RSF). The reporter was 
detained for 34 days before the justice minister ordered his release.
    On March 7, in the commune of Masina, Kinshasa, ANR agents arrested 
and detained Nsimba Embete Ponte, the editor of the Kinshasa biweekly 
newspaper L'Interprete, which had recently published a series of 
articles about President Kabila's health. On March 29, Tondo Nzovuanga, 
Ponte's assistant, was arrested. Ponte and Nzovuanga, who were 
initially charged with spreading false rumors, undermining state 
security, and insulting the head of state, were held incommunicado for 
three months in an ANR building; Ponte claimed he was subjected to 
psychological torture. The men were convicted on November 27 by the 
Kinshasa/N'Djili Criminal Court for insulting the president and were 
sent back to Kinshasa's CPRK prison to serve out the remainder of their 
sentences; Ponte was sentenced to 10 months' imprisonment and Nzovuanga 
to nine.
    On July 10, in Maniema Province, ANR agents raided the privately 
owned television station Tele Kindu Maniema and arrested program host 
Mila Dipenge and a cameraman; both were released the following day. 
Local sources said the raid was ordered by Governor Lingo because 
Dipenge allowed criticism of local authorities during broadcasts.
    On September 12, police raided the Kinshasa-based television 
station Global TV and arrested studio manager Daudet Lukombo, who was 
subsequently held incommunicado at Kin-Maziere, special police services 
headquarters. According to Journalist in Danger (JED) the raid was 
prompted by the station's broadcast the previous day of an interview 
with opposition politician Ne Muanda Semi, who blamed the Government 
for the conflict with Nkunda's rebels in north Kivu. On October 28, the 
Kinshasa/Gombe Criminal Court acquitted him of the charges of 
incitement to rebellion, which does not exist in law, and insulting the 
head of state.
    On November 4, in Kiwanja, North Kivu Province, pro-government Mai-
Mai militiamen kidnapped Belgian journalist Thomas Scheen, his 
interpreter Charles Ntiricya, and his driver Roger Bangue. The 
militiamen seized their valuables and bound the three men before taking 
them to a militia commander. After questioning, the commander allegedly 
demanded 444,000 CFA francs (approximately $800) payment to release 
them. Unable to pay, the journalist and his colleagues were led 25 
miles on foot to a senior Mai-Mai political figure who handed them over 
to the army, which released the men to UN peacekeepers on November 7.
    On November 19, ANR agents arrested and questioned five journalists 
from the privately owned television station Raga TV in Kinshasa; the 
five arrests occurred after Raga TV's broadcast of an interview with 
Roger Lumbala, an opposition deputy and president of the Rally for 
Congolese Democrats and Nationalists. Lumbala had said in the interview 
that the replacement of the armed forces chief of staff reflected ``the 
state of panic around the head of state.'' The armed men seized the 
tape from the evening news bulletin and temporarily shut down the 
transmitter. The ANR released the journalists the next day.
    On May 21, at the conclusion of an appeals trial, the Bukavu 
Military Court in South Kivu Province sentenced three civilians to 
death for the June 2007 killing of Radio Okapi editor Serge Maheshe; 
two of the three had already received death sentences at the first 
trial in August 2007. The court also acquitted two of Maheshe's friends 
who were found guilty at the original trial. In September 2007 the 
alleged gunmen recanted their accusations against Maheshe's friends, 
claiming the military court had bribed them to make the accusations. A 
MONUC report released early in the year noted serious irregularities in 
the original trial, and local and international press freedom groups 
expressed serious concerns over a number of flaws in the appeals trial 
(See Section 1.e.).
    The whereabouts of Popol Ntula Vita, a reporter for the weekly La 
Cite Africaine, remained unknown; Vita went into hiding to avoid arrest 
after appealing a February 2007 court sentence of three months for 
defamation and ``harmful suppositions'' after he accused four general 
tax office employees in Boma of embezzling license plate fees.
    No action was taken against security force members responsible for 
the following abuses of journalists in 2007: the February beating by a 
local police chief of reporter Nelson Thamba of Community Radio Moanda, 
and the June shooting by three men in police uniforms of RTNC broadcast 
journalist Anne-Marie Kalanga and her brother.
    Military authorities took no action against security forces 
responsible for the abuse of journalists in 2006.
    The National Media Regulatory Commission, a quasigovernmental 
organization mandated by the earlier transitional constitution, 
continued to operate in the absence of a successor body. Unlike during 
the previous year, it did not sanction any media organizations for 
broadcasting defamatory comments.
    On September 10, Communications and Media Minister Emile Bongeli 
signed a decree shutting down five Kinshasa television stations for 
failing to submit administrative documents required by the press law. 
The decree banned Africa TV, Couleurs TV, Radio Lisanga TV, Business 
Radio Television-Africa, and Canal 5. On September 15, JED charged that 
the decree provided no legitimate reason for closing the stations and 
that the ban was issued to silence the opposition. Africa TV and 
Couleurs TV were owned respectively by opposition figures Azarias 
Ruberwa and Zahidi Ngoma. Radio Lisanga TV was owned by opposition 
Senator Roger Lumbala. On September 16, the communications minister 
reauthorized all the stations except Canal 5 to recommence 
broadcasting. No additional information was available at year's end.
    On December 4, RTNC suspended 12 journalists and a video editor for 
broadcasting footage of a demonstration by Congolese citizens living in 
Brussels against the fighting in the Kivus, according to RSF. A woman 
carrying a placard saying ``Kabila must leave'' could be seen among the 
protesters. The journalists were accused of belonging to a ``mysterious 
organization with subversive designs.''
    During the year national and provincial governments continued to 
use criminal defamation and insult laws to intimidate and punish those 
critical of the Government.
    During the year there were reports that rebels and unidentified 
persons killed and threatened journalists.
    On November 21, unknown assailants in Bukavu shot and killed Didace 
Namujimbo, a journalist for Radio Okapi. On November 27, UN Secretary-
General Ban Ki-moon called for a full investigation.
    On May 10, PARECO leader Captain Ndaliko warned a journalist with 
RTNC's local affiliate in North Kivu that ``I will kill you before the 
International Criminal Court arrests us,'' according to JED. On April 
23, RTNC had broadcast an interview with three child soldiers who fled 
from PARECO forces in Kirumba, North Kivu.
    There were no developments in the August 2007 killing by 
unidentified armed men of independent reporter and photographer Patrick 
Kikuku in Goma, North Kivu.

    Internet Freedom.--The Government did not restrict access to the 
Internet or monitor e-mail or Internet chat rooms. Individuals and 
groups could engage in the peaceful expression of views via the 
Internet, including by e-mail. Private entrepreneurs made Internet 
access available at moderate prices through Internet cafes in large 
cities throughout the country.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of peaceful assembly; 
however, the Government sometimes restricted this right.
    The Government required organizers of public events to register 
with local authorities in advance; to deny authorization, authorities 
must do so in writing within five days of being notified of the planned 
event. Security forces often acted against unregistered protests, 
marches, or meetings.
    During the year security forces occasionally arrested 
demonstrators. For example, on February 11, ANR agents arrested and 
briefly detained 30 persons following a demonstration at the central 
market in Kisangani, Orientale Province, according to the UNJHRO.
    No action was taken against security forces responsible for the 
January-February 2007 killings of demonstrators in Bas-Congo or the 
beatings of 11 journalists who accompanied opposition demonstrators in 
October 2007.

    Freedom of Association.--The constitution provides for freedom of 
association; however, in practice the Government sometimes restricted 
this right.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice, provided that worshippers did not disturb public order or 
contradict commonly held morals.
    The law provides for the establishment and operation of religious 
institutions and requires practicing religious groups to register with 
the Government; however, unregistered religious groups operated 
unhindered. Registration requirements were simple and 
nondiscriminatory.
    There were no reports that persons were killed, detained, or 
imprisoned on the basis of their religion.

    Societal Abuses and Discrimination.--The country has a very small 
Jewish population, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation; however, the Government sometimes restricted these 
rights.
    Security forces established barriers and checkpoints on roads, at 
ports, airports, and markets, ostensibly for security reasons, and 
routinely harassed and extorted money from civilians for supposed 
violations, sometimes detaining them until they or a relative paid. The 
Government forced travelers to pass through immigration procedures 
during domestic travel at airports, ports, and when entering and 
leaving towns.
    Local authorities continued to extort taxes and fees from boats 
traveling on many parts of the Congo River. There were also widespread 
reports of FARDC soldiers extorting fees from persons taking goods to 
market or traveling between towns.
    There were reports of attempts by DGM officials to demand that 
foreigners not carrying passports during the year pay fines, even 
though the law does not require foreigners to do so.
    Security services sometimes required travelers to present official 
travel orders from an employer or government official.
    The significant risk of rape by soldiers and armed groups, coupled 
with government inability to secure eastern territories, effectively 
restricted freedom of movement by women in many rural areas, 
particularly in the east.
    Passport issuance was irregular and often required payment of 
substantial bribes. The law requires a married woman to have her 
husband's permission to travel outside the country.
    The law prohibits forced exile, and the Government generally did 
not employ it. Some supporters of Senator and MLC President Bemba, who 
left the country under MONUC escort following March 2007 fighting in 
Kinshasa with pro-Kabila forces that eliminated his militia as a viable 
military force, claimed that he was effectively in self-imposed exile. 
On May 24, Belgian authorities arrested Bemba, who was transferred in 
July to the ICC in The Hague to face four counts of war crimes and two 
counts of crimes against humanity for alleged actions in the Central 
African Republic in 2002-03.

    Internally Displaced Persons (IDPs).--There were approximately 1.4 
million IDPs in the country as a whole; one million of whom were in 
North Kivu (See Section 1.g.). According to a November 21 report by the 
Internal Displacement Monitoring Center, at least 250,000 IDPs were 
displaced after the end of August as a result of fighting between the 
army, CNDP rebels, and other armed groups.
    The Government did not provide adequate protection or assistance to 
IDPs, who were forced to rely heavily on humanitarian organizations. 
The Government generally allowed domestic and international 
humanitarian organizations to provide assistance to IDPs; however, 
limited access and lack of security impeded their efforts. While the 
majority of IDPs in North Kivu stayed with relatives and friends, tens 
of thousands stayed in 70 ``spontaneous'' IDP sites and 16 IDP camps 
managed by international NGOs and coordinated by the UNHCR. An 
estimated 120,000 IDPs lived in churches and schools. Displaced women 
and children were extremely vulnerable to abuses by armed groups, 
including rape and forced recruitment.
    IDPs in North Kivu were victims of abuses by all factions engaged 
in fighting, including the FARDC, and by other civilians. Abuses in 
camps around Goma included killings and death threats, particularly by 
demobilized fighters, as well as abduction and rape. According to the 
UN Children's Fund (UNICEF), one third of the more than 1,000 women and 
girls raped per month in the east were in North Kivu, the majority of 
them IDPs. Some IDPs were also reportedly subjected to forced labor 
(See Section 1.g.).

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government had established a rudimentary system for providing 
protection to refugees. In practice it granted refugee and asylum 
status to individuals as necessary and provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    The Government provided temporary protection to an undetermined 
number of individuals who may not qualify as refugees under the 1951 
convention and its 1967 protocol.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers with welfare and 
safety needs. The Government provided assistance in enabling the safe, 
voluntary return of refugees to their homes by allowing their entry 
into the country and facilitating their passage through the immigration 
system.
    Government authorities did not provide adequate security to 
refugees.
    The UNHCR received reports that CNDP elements were recruiting 
children for forced labor or child soldiering in the country from a 
camp in Rwanda for Congolese refugees.
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 credible presidential, parliamentary, and provincial elections 
based on universal suffrage. Presidential and parliamentary elections 
in June 2006 and a presidential runoff in October 2006 were judged to 
be credible by the Carter Center and the European Union Observer 
Mission.

    Elections and Political Participation.--The country's 11 new 
provincial assemblies chose 108 candidates for five-year terms in the 
national Senate in January 2007. The elections took place peacefully 
but were marred by credible allegations of vote-buying.
    A 2007 law on the status and rights of the political opposition 
recognizes opposition parties represented in parliament as well as 
those outside it and guarantees their right to participate in political 
activities without fear of retribution. During the year political 
parties were able to operate most of the time without restriction or 
outside interference; however, there were notable exceptions. 
Opposition members were sometimes harassed (See Section 2.a.), and in 
February and March police killed numerous supporters of the BDK during 
violent clashes in Bas-Congo Province and systematically destroyed BDK 
meeting places (See Section 1.a.). In addition, an HRW report released 
in November, entitled We Will Crush You: The Restriction of Political 
Space in the Democratic Republic of the Congo, drew from hundreds of 
interviews with government officials, diplomats, political detainees, 
and members of civil society between 2006 and 2008 and concluded that 
since the 2006 national elections, there have been disturbing signs 
that the Government has used violence and intimidation to eliminate its 
political opponents and restrict democratic space.
    Opposition deputies and senators from the MLC boycotted the 
National Assembly, Senate, and Kinshasa Provincial Assembly from July 
10 to July 16 to highlight security concerns following the July 6 
killing by GR soldiers of Kinshasa Provincial Assembly Vice President 
Daniel Botethi (See Section 1.a.).
    Women held 42 of 500 seats in the National Assembly and 47 of 690 
seats in the provincial assemblies. Five of the 108 senators were 
women. Among the 45 government ministers and vice ministers, five were 
women.
    Many ethnic groups, including Pygmies, were not represented in the 
Senate, National Assembly, or provincial assemblies. The lack of 
political participation of some ethnic groups may have been a result of 
continuing societal discrimination. For example, the enslavement of 
Pygmies continued in some areas of the country (See Section 5).

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. However, the authorities did not 
implement the law, as corruption remained endemic throughout the 
Government and security forces. The public perceived the Government to 
be widely corrupt at all levels. According to the World Bank's 2008 
Worldwide Governance Indicators, official corruption was a severe 
problem.
    Weak financial controls and lack of a functioning judicial system 
encouraged officials to engage in corruption with impunity. Many civil 
servants, police, and soldiers had not been paid in years, received 
irregular salaries, or did not earn enough to support their families, 
all of which encouraged corruption. Reports indicated that the mining 
sector continued to lose millions of dollars as a result of official 
corruption at all levels, including illegal exploitation of minerals by 
the FARDC and armed groups in the east (See Section 1.g.).
    During the year a government-initiated review of 61 mining 
contracts negotiated from 1997-2002 continued to be plagued by both 
numerous delays and a lack of transparency. In December the Government 
reached new agreements with all but six of the companies under review. 
The Government gave these six companies 45 days to return to the 
negotiating table or face the possible revocation of their contracts.
    The law requires the president and ministers to disclose their 
assets to a government committee. President Kabila and all ministers 
and vice ministers did so during the year.
    There continued to be an Ethics and Anti-Corruption Commission, but 
it had little impact during the year and lacked resources, 
independence, and credibility. It last convened in November 2007 
without any significant results or findings.
    Government authorities and wealthy individuals at times used anti-
defamation laws that carry criminal punishments to discourage media 
investigation of government corruption (See Section 2.a.).
    In February the DRC was accepted as a candidate country in the 
Extractive Industries Transparency Initiative (EITI), an international 
voluntary initiative designed to improve governance by strengthening 
transparency in the extractive industries. To reach the validation 
stage of EITI, the country began the process of adopting and 
implementing various transparency principles by 2010.
    The law does not provide for public access to government-held 
information. In practice the Government did not grant access to 
government documents for citizens or noncitizens, including foreign 
media.
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 investigated and published findings on human rights 
cases. However, security forces harassed, beat, intimidated, or 
arrested local human rights advocates and NGO workers during the year. 
In addition prison officials sometimes obstructed NGO access to 
detainees.
    The main Kinshasa-based domestic human rights organizations 
included ASADHO, Voice of the Voiceless, Committee of Human Rights 
Observers, JED, and the Christian Network of Human Rights and Civic 
Education Organizations. Prominent organizations operating in areas 
outside Kinshasa included Heirs of Justice in Bukavu, Lotus Group in 
Kisangani, and Justice Plus in Bunia, Ituri District.
    Officials from the Ministries of Justice and Human Rights met with 
domestic NGOs and sometimes responded to their inquiries but took no 
known actions.
    There were reports that NGOs seeking to register had to pay bribes 
to local officials to avoid lengthy application requirements.
    On January 3, according to the UNJHRO, FARDC soldiers arbitrarily 
arrested the president of the local human rights association in 
Mambassa, Orientale Province, and detained him until January 10. They 
undressed him and repeatedly beat him during his detention, accusing 
him of interfering with the functioning of the FARDC. No action was 
taken against the soldiers.
    On January 6, according to the UNJHRO, the territorial 
administrator in Punia, Maniema Province, issued death threats to human 
rights activists who had criticized the complicity of local 
administrative authorities in the 2002 massacre by RCD combatants of 13 
civilians. No action was taken against the administrator.
    On March 27, ANR agents threatened a human rights activist in 
Tshimbulu, Kasai Occidental Province, when she sought information about 
a case of arbitrary arrest and detention. According to the UNJHRO, the 
agents allegedly manhandled her and threatened to arrest her if she 
ever returned to inquire about other cases.
    There were no new developments in cases from 2007 in which human 
rights workers received death threats.
    No action was taken against the perpetrators of the following cases 
from 2007 in which human rights workers were arbitrarily arrested, 
detained, or abused: the August arrest and beating of a local NGO 
member in the village of Kwasa-Kwasa, Kasai Oriental Province, by three 
ANR agents; the September arrest and detention by ANR agents in 
Kabamba, Kasai Ocidental Province, of a human rights activist; and the 
November arrest and detention in Punia, Maniema Province, of the 
president of the civil society association and a local human rights 
activist.
    The Government generally cooperated with international NGOs that 
published reports on human rights and humanitarian issues and permitted 
their investigators access to conflict areas. Unlike in the previous 
year, there were no reports that security force members threatened 
members of international organizations.
    The Government cooperated with multilateral organizations and 
permitted international humanitarian agencies access to conflict areas, 
except for access to certain prisons located in these areas. A number 
of senior UN officials visited the country during the year, including 
UN Special Envoy Olusegun Obasanjo, UN Under-Secretary-General for 
Peacekeeping Alain Le Roy, Representative of the UN Secretary-General 
on the Rights of IDPs Walter Kalin, the UN Independent Expert on Human 
Rights Titinga Pacere, and a delegation of UN Security Council 
ambassadors.
    UN officials freely criticized actions by the Government during the 
year. During the first half of the year, the UN Human Rights Council's 
independent expert on human rights in the DRC expressed concern over 
the extent of impunity for human rights abuses and made recommendations 
to the Government (See Section 1.e.).
    On March 27, the UN Human Rights Council decided not to renew the 
mandate of the Independent Expert (IE) on the situation of human rights 
in the DRC that was established in 2004. Prior to this decision, on 
March 19, Frederic Titinga Pacere, the IE, had presented a report on 
his last two working visits to the country (November 2007 and March 
2008). The Government opposed the renewal of the IE's mandate because 
of perceived overwhelming criticism and lack of proposed solutions and 
technical assistance on the part of the IE.
    A November report by the UN Group of Experts on the DRC presented 
evidence of abuses committed by government security forces and armed 
groups in the east, presented evidence that the Congolese and Rwandan 
governments provided support for armed groups in the east, and made 
several recommendations, including some relating to the illegal 
exploitation of resources (See Section 1.g.).
    During the year the Government cooperated with the ICC, which 
continued investigations into war crimes and crimes against humanity 
committed in the country since June 2003.
    The Government continued to cooperate with the International 
Criminal Tribunal for Rwanda, which operated freely in areas under 
government control, seeking several individuals indicted for 
involvement in the 1994 Rwandan genocide who they believed might be in 
the DRC. However, no arrests were made during the year.
    No action was taken against ANR agents who in July 2007 subjected 
two MONUC human rights officers in Uvira, South Kivu Province, to death 
threats, physical abuse, and expulsion during a joint monitoring visit 
to ANR holding cells.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on ethnicity, 
gender, or religion; however, the Government did not enforce these 
prohibitions effectively, in part because it lacked appropriate 
institutions.

    Women.--The law criminalizes rape, but the Government did not 
effectively enforce this law, and rape was common throughout the 
country and especially pervasive in areas of conflict in the east. 
According to UNICEF, more than 1,000 women and girls were raped each 
month in the east (See Section 1.g.). Legislation enacted in 2006 
broadened the scope of the law that defines rape to include male 
victims, sexual slavery, sexual harassment, forced pregnancy, and other 
sexual crimes not previously covered by law. It also increased 
penalties for sexual violence, prohibits compromise fines and forced 
marriage, allows victims of sexual violence to waive appearance in 
court, and permits closed hearings to protect confidentiality. In 
addition, it raised the age of consent to 18, creating a discrepancy 
with the family code by exceeding the current allowable age of 
marriage. The minimum penalty prescribed for rape is a prison sentence 
of five years.
    Government security forces, armed groups, and civilians perpetrated 
widespread and sometimes mass rape against women and girls (See Section 
1.g.).
    Prosecutions for rape and other types of sexual violence remained 
rare. Both victims and the UN Human Rights Council's special rapporteur 
on violence against women cited widespread impunity as the main reason 
for sexual violence. Most victims did not have sufficient confidence in 
the justice system to pursue formal legal action or feared subjecting 
themselves to further humiliation and possible reprisal.
    It was common for family members to pressure a rape victim to keep 
quiet, even to health care professionals, to safeguard the reputations 
of the victim and her family.
    Victims of gender-based violence faced an enormous social stigma. 
After a sexual assault, many young women and girls were often labeled 
as unsuitable for marriage and married women were frequently abandoned 
by the husbands.
    Some families forced rape victims to marry the men who raped them 
or to forego prosecution in exchange for money or goods from the 
rapist.
    Domestic violence against women occurred throughout the country; 
however, there were no statistics available regarding its extent. 
Although the law considers assault a crime, it does not specifically 
address spousal abuse, and police rarely intervened in domestic 
disputes. There were no reports of judicial authorities taking action 
in cases of domestic or spousal abuse.
    The law does not prohibit female genital mutilation (FGM), but 
there were no reports of FGM being practiced.
    The constitution prohibits forced prostitution and bans 
prostitution of children under age 18. Although no statistics were 
available regarding its prevalence, adult and child prostitution 
occurred throughout the country, and there were reports of women and 
girls pressured or forced to engage in prostitution by their families. 
There were reports that members of the security forces harassed or 
raped women engaged in prostitution.
    Sexual harassment occurred throughout the country; however, no 
statistics existed regarding its prevalence. The 2006 sexual violence 
law prohibits sexual harassment, and the minimum penalty prescribed by 
law is a prison sentence of one to 20 years; however, there was no 
effective enforcement, and by year's end judicial authorities had yet 
to prosecute any cases.
    Women did not possess the same rights as men in law and in 
practice. The law requires a married woman to obtain her husband's 
consent before engaging in legal transactions, including selling or 
renting real estate, opening a bank account, and applying for a 
passport. Under the law women found guilty of adultery may be sentenced 
to up to one year in prison; adultery by men is subject to legal 
penalty only if judged to have ``an injurious quality.''
    Women experienced economic discrimination. The law forbids a woman 
from working at night or accepting employment without her husband's 
consent. According to the International Labor Organization, women often 
received less pay in the private sector than men doing the same job and 
rarely occupied positions of authority or high responsibility.

    Children.--The Government's commitment to and budget for children's 
welfare were inadequate. In practice primary school education was not 
compulsory, free, or universal, and very few functioning government-
funded schools existed. Fighting that resumed in August in North Kivu 
between government and rebel forces resulted in the closure of 
approximately 85 percent of all schools in the area, according to 
UNICEF. Public and private schools generally expected parents to 
contribute to teachers' salaries, and parents typically funded 80 to 90 
percent of school expenses. These expenses, plus the potential loss of 
income or labor while their children attended class, left many parents 
unable to enroll their children in school.
    According to UNICEF, approximately 55 percent of boys and 49 
percent of girls attended primary school. The rates for secondary 
school attendance were 18 percent for boys and 15 percent for girls. 
Rates for girls were lower because many parents preferred to send their 
sons to school, either for financial or cultural reasons.
    The law prohibits all forms of child abuse, the extent of which was 
unknown and had not been thoroughly investigated. Although authorities 
made several arrests related to child abandonment and abuse during the 
year, no cases had been prosecuted by year's end.
    The constitution prohibits parental abandonment of children for 
alleged sorcery; in practice such allegations led to abandonment and 
abuse.
    Child abuse was an especially serious problem in the eastern 
conflict regions. During the year HRW documented rapes of girls by army 
soldiers and by combatants of the CNDP, FDLR, and Mai-Mai militias. 
Between June 2007 and June 2008, the UN recorded 5,517 cases of sexual 
violence against children in Ituri and North and South Kivu.
    A November report of the UN secretary-general on children and armed 
conflict in the DRC concluded that even though there was a decrease in 
the number of allegations of grave abuses against children during the 
year, children continued to be the primary victims of the ongoing 
conflict in the east. In the Kivu provinces alone, the report noted a 
38 percent increase from the previous year in the recruitment of 
children. It also attributed 63 per cent of the alleged abuses against 
children to armed rebel groups in the Kivus. In addition, it assigned 
responsibility for 29 per cent of the alleged abuses to the FARDC and 8 
per cent to the PNC.
    All parties to the conflict in the east were involved in the use of 
child soldiers (See Section 1.g.).
    The law prohibits marriage of girls under age 14 and boys under 18; 
however, marriages of girls as young as 13 took place. Dowry payments 
greatly contributed to underage marriage. In some cases parents married 
off a daughter against her will to collect a dowry or to finance a 
dowry for a son. The sexual violence law criminalizes forced marriage. 
It subjects parents to up to 12 years' hard labor and a fine of 92,500 
Congolese francs (approximately $166) for forcing a child to marry. The 
penalty doubles when the child is under the age of 15. There were no 
reports of prosecutions for forced marriage during the year.
    Child prostitution occurred throughout the country; however, there 
were no statistics available regarding its prevalence. According to HRW 
and local NGO, Lazarius, police in Kinshasa extorted sexual services 
from child prostitutes.
    The country's estimated 50,000 street children included many 
accused of sorcery, child refugees, and war orphans, as well as 
children with homes and families. Many churches in Kinshasa conducted 
exorcisms of children involving isolation, beating and whipping, 
starvation, and forced ingestion of purgatives.
    The Government was ill-equipped to deal with large numbers of 
homeless children. Many engaged in prostitution without third-party 
involvement, although some were forced to do so. Citizens generally 
regarded street children as delinquents engaged in petty crime, 
begging, and prostitution and approved of actions taken against them. 
Security forces abused and arbitrarily arrested street children (See 
Sections 1.c. and 1.d.).
    There were numerous reports that street children had to pay police 
officers to be allowed to sleep in vacant buildings and had to share 
with police a percentage of goods stolen from large markets.
    Several NGOs worked effectively with MONUC and UNICEF to promote 
children's rights throughout the country.

    Trafficking in Persons.--Several laws prohibited specific acts of 
trafficking in persons; however, there were credible reports of 
trafficking, particularly in the east. The laws that could be used by 
the Government to prosecute cases against traffickers included the 2006 
law on sexual violence, which prohibits forced prostitution and sexual 
slavery, as well as legislation prohibiting slavery, rape, and child 
prostitution. The constitution forbids involuntary servitude and child 
soldiering; however, existing laws do not prohibit all forms of 
trafficking.
    The country was a source and destination country for men, women, 
and children trafficked for forced labor and sexual exploitation. There 
were reports of children prostituted in brothels or by loosely 
organized networks, some of whom were exploited by FARDC soldiers. 
Women and children were reportedly trafficked to South Africa for 
sexual exploitation. No statistical information existed on the extent 
of adult or child prostitution.
    MONUC and the NGO Save the Children estimated that there were tens 
of thousands of children working in the mining sector, most often in 
extremely dangerous conditions as artisanal miners.
    The majority of reported trafficking was conducted in the unstable 
eastern provinces by armed groups outside government control (See 
Section 1.g.). Indigenous and foreign armed groups, including the FDLR, 
CNDP, and various local militia (Mai-Mai), and the Uganda-linked LRA 
continued to abduct and forcibly recruit men, women, and children, 
including smaller numbers of Rwandan and Ugandan children, to serve as 
laborers (including in miners), porters, domestics, combatants, and sex 
slaves. In some instances elements of the FARDC detained men and women 
for temporary forced labor. During the year there was one reported case 
of nonintegrated FARDC troops recruiting additional children (See 
Section 1.g.). CNDP troops, dressed in civilian clothes and 
fraudulently promising civilian employment, conscripted an unknown 
number of Congolese men and boys from refugee camps in Rwanda, as well 
as dozens of Rwandan children from towns in western Rwanda, for forced 
labor and soldiering in the country. As a result of LRA abductions 
during the year and in 2007, an estimated 800 abducted women and 
children remained with the LRA in Garamba National Park, and 1,500 
Congolese women and their children remained in Uganda after being 
forcibly transported there as sex slaves or domestics in 2004.
    All armed rebel groups in the east increased efforts to recruit 
children, especially children who were former child soldiers, to serve 
as soldiers and sex slaves, according to the NGO Save the Children (See 
Section 1.g.). The law specifically prohibits and provides penalties of 
10 to 20 years' imprisonment for child and forced prostitution, 
pimping, and trafficking for sexual exploitation. There were no 
reported investigations or prosecutions of traffickers during the year.
    Military authorities took no action against commanders who employed 
child soldiers. Eight children who were identified by child protection 
officers in South Kivu Province in the ranks of a FARDC unit led by a 
Captain Mulenga in 2006 remained in the unit, and no action was taken 
against him. Colonel Jean Pierre Biyoyo, convicted for recruitment of 
child soldiers, escaped from Bukavu prison in South Kivu Province in 
2006. He reappeared in March 2007 in Bukavu as part of a FARDC 
delegation and had been demoted to lieutenant colonel. He served during 
2007 with the mixed brigades in North Kivu Province, reportedly as an 
aide to former FARDC general Nkunda, and remained with Nkunda's forces 
after the mixed brigades disintegrated.
    The MOJ was responsible for combating trafficking. Law enforcement 
authorities were rarely able to enforce existing laws due to lack of 
personnel, training, and funding and the inaccessibility of eastern 
areas of the country.
    The Government's anti-trafficking programs were limited and lacking 
in resources. However, the National Disarmament, Demobilization, and 
Reintegration Program (UE-PNDDR) launched a national awareness campaign 
in partnership with MONUC and local authorities against the recruitment 
of child soldiers in Kinshasa, Goma, and Bukavu in June. Through 
lobbying efforts it targeted both military and political leaders. For 
the general public, UE-PNDDR produced sketches, public service 
announcements, and debates broadcast by six radio and television 
stations in July and August. According to its September 30 quarterly 
report of activities, UE-PNDDR also sent field teams to 23 sites 
throughout South Kivu, North Kivu, Katanga, and Equateur provinces.
    The Katanga provincial government also funded and operated a center 
for vulnerable children in Lubumbashi and worked with Save the 
Children, Solidarity Center, and other NGOs to direct children away 
from the mining sector and into formal education.
    The Government provided training to some police and military 
personnel on preventing sexual violence and child soldiering. The 
Government did not screen vulnerable population groups to identify 
trafficking victims. It provided no funding for protection services or 
for assisting victims of trafficking but permitted NGOs to provide 
services to them.
    The Government, in coordination with MONUC, reached agreements with 
militias in Ituri District, CNDP in North Kivu, and Mai-Mai in North 
and South Kivu that included provisions for the demobilization of child 
soldiers; however, the groups did not generally respect the agreements.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities; however, the Government did not 
effectively enforce these provisions, and persons with disabilities 
often found it difficult to obtain employment, education, or government 
services.
    The law does not mandate access to buildings or government services 
for persons with disabilities. Some schools for persons with 
disabilities, including the blind, received private funds and limited 
public funds to provide education and vocational training.

    National/Racial/Ethnic Minorities.--Members of the country's more 
than 400 ethnic groups practiced societal discrimination on the basis 
of ethnicity, and discrimination was evident in hiring patterns in some 
cities. The Government took no reported actions to address this 
problem.
    The security forces in Kinshasa sometimes harassed, arbitrarily 
arrested, or threatened members of ethnic groups from Equateur 
Province, according to the UNJHRO. Security forces in North and South 
Kivu provinces sometimes harassed, arbitrarily arrested, or threatened 
members of many different ethnic groups resident there.
    Discrimination against persons with albinism was widespread and 
limited their ability to obtain employment, health care, education, or 
to marry. Persons with albinism were frequently ostracized by their 
families and communities. According to a 2007 survey conducted in 
Kisangani by the UN Development Program, 83 percent of parents stated 
their children were successful in school, but 47 percent said they felt 
humiliated by having albino children.

    Indigenous People.--The country had a population of between 10,000 
and 20,000 Pygmies (Twa, Mbuti, and others), believed to be the 
country's original inhabitants; societal discrimination against them 
continued. Most Pygmies took no part in the political process and 
continued to live in remote areas. During the year fighting in North 
Kivu between armed groups and government security forces caused 
displacement of some Pygmy populations.
    In some parts of the country, traditional leaders (mwami) and 
wealthy persons were known to capture Pygmies and force them into 
slavery. Those captured were known as ``badja'' and were considered the 
property of their masters. During the year the World Peasants/
Indigenous Organization conducted a three-month campaign to free such 
individuals. On August 18, 96 Pygmies who had been held as slaves were 
released; 46 of the group belonged to families that had been enslaved 
for generations.
    No action was taken against PNC officers who in November 2007 
arrested a Pygmy and subjected him to cruel, inhuman, and degrading 
treatment for no known reason.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation or 
persons with HIV/AIDS.
    In July President Kabila promulgated a new law passed by Parliament 
that protects persons with HIV/AIDS from discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides all 
workers-except government officials and members of the security forces-
the right to form and join trade unions without prior authorization or 
excessive requirements. Of an estimated 24 million adults of working 
age, 128,000 employees in the private sector (0.5 percent) belonged to 
unions, according to the American Center for International Labor 
Solidarity (Solidarity Center). No information was available regarding 
the number of union members in the public sector. The informal sector, 
including subsistence agriculture, constituted at least 90 percent of 
the economy. The law provides for the right of unions to conduct 
activities without interference and to bargain collectively; however, 
the Government did not always protect these rights.
    Unlike in the previous year, there were no reports that police 
arrested union leaders or forcibly dispersed union meetings.
    Private companies often registered bogus unions to create confusion 
among workers and discourage real ones from organizing. According to 
the Solidarity Center, many of the nearly 400 unions in the private 
sector had no membership and had been established by management, 
particularly in the natural resources sector.
    The constitution provides for the right to strike, and workers 
sometimes exercised it. There were large strikes this year by teachers, 
magistrates, and health care workers; most concerned nonpayment of 
salaries and crippled service delivery for several weeks at a time. 
However, in small and medium-sized businesses, workers could not 
exercise this right effectively in practice. With an enormous 
unemployed labor pool, companies and shops could immediately replace 
any workers attempting to unionize, collectively bargain, or strike, 
and according to the Solidarity Center, companies and shops did so 
during the year. The law requires unions to have prior consent from the 
Ministry of Labor and to adhere to lengthy mandatory arbitration and 
appeal procedures before striking. The law prohibits employers and the 
Government from retaliating against strikers; however, the Government 
did not enforce this law in practice.
    On March 6, police fired into a crowd and killed a 15 year-old boy 
during clashes with hundreds of artisanal miners, according to the BBC. 
The clashes began when police started clearing the artisanal diggers 
off a concession owned by parastatal GECAMINES near Likasi in Katanga 
Province.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was ineffective in practice. The Government set public 
sector wages by decree, and unions were permitted to act only in an 
advisory capacity. Most unions in the private sector collected dues 
from workers but did not succeed in engaging in collective bargaining 
on their behalf.
    The law prohibits discrimination against union employees, although 
authorities did not enforce this regulation effectively. The law also 
requires employers to reinstate workers fired for union activities.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, including by children; however, 
although no statistics were available, both were practiced throughout 
the country.
    Government security forces continued to force men, women, and 
children, including IDPs, to serve as porters, mine workers, and 
domestic laborers.
    The military took no action against FARDC soldiers who used forced 
labor and abducted civilians for forced labor in 2007 and 2006.
    In the mining sector, middlemen and dealers acquired raw ore from 
unlicensed miners in exchange for tools, food, and other products. 
Miners who failed to provide sufficient ore became debt slaves, forced 
to continue working to pay off arrears. The Government did not attempt 
to regulate this practice.
    Armed groups operating outside central government control subjected 
civilians, including children, to forced labor, including sexual 
slavery (See Section 1.g.).

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace; 
however, government agencies did not effectively enforce child labor 
laws. Child labor remained a problem throughout the country, and there 
continued to be reports of forced child labor. Although there were no 
reports of large enterprises using child labor, it was common in the 
informal sector, particularly in mining and subsistence agriculture. 
For economic survival, families often encouraged children to work in 
order to earn money.
    Although the minimum age for full-time employment without parental 
consent is 18 years, employers may legally hire minors between the ages 
of 15 and 18 with the consent of a parent or guardian. Those under age 
16 may work a maximum of four hours per day. All minors are restricted 
from transporting heavy items.
    The Ministry of Labor has responsibility for investigating child 
labor abuses but had no dedicated child labor inspection service. NGOs 
continued to pressure the Ministry of Labor to focus on this problem, 
with few or no results.
    Criminal courts continued to hear child labor complaints, and NGOs 
and the International Labor Organization pushed prosecutors during the 
year to bring cases against violators of child labor laws.
    Security forces and armed groups also used children, including 
child soldiers, for forced labor in mines.
    Children made up as much as 30 percent of the work force in the 
informal (``artisanal'') mining sector. In mining regions of the 
provinces of Katanga, Kasai Occidental, Oriental, and North and South 
Kivu, children performed dangerous mine work, often underground. In 
many areas of the country, children ages five to 12 years broke rocks 
to make gravel for a small wage.
    In November 2007 a UNJHRO field team in Misisi, South Kivu 
Province, observed several children working in illegal gold mines for 
FARDC soldiers of the 115th Battalion. No action was taken against the 
soldiers by year's end.
    Child prostitution, including forced prostitution, was practiced 
throughout the country.
    According to a June 2007 Save the Children report, 12,000 children 
in Kasai Oriental Province were employed at 20 unlicensed diamond 
mining sites. The children excavated, transported, and washed dirt in 
search of diamonds. At mines near Tumpatu, Kasai Oriental Province, 
girls around the age of 12 worked as prostitutes. According to the 
report, preteen children also worked digging tombs at the cemeteries 
for 500 to 1,000 Congolese francs (approximately $1 to $2) per day and 
as dishwashers and guards at restaurants for 125 to 250 Congolese 
francs (approximately $.25 to $.50) per day. No action was taken 
against mine operators and supervisors.
    Parents often used children for dangerous and difficult 
agricultural labor. Children sent to relatives by parents who could not 
support them sometimes effectively became the property of those 
families, who subjected them to physical and sexual abuse and required 
them to perform household labor.
    Government agencies responsible for combating child labor included 
the Ministry of Labor, the Ministry of Women and Youth, the Ministry of 
Social Affairs, and the National Committee to Combat Worst Forms of 
Child Labor. These agencies had no budgets for inspections and 
conducted no investigations during the year.

    e. Acceptable Conditions of Work.--Employers in the informal sector 
often did not respect the minimum wage law of 500 Congolese francs 
(approximately $1) per day. The average monthly wage did not provide a 
decent standard of living for a worker and family. Government salaries 
remained low, ranging from 25,000 to 55,000 Congolese francs 
(approximately $50 to $110) per month, and salary arrears were common 
in both the civil service and public enterprises (parastatals). More 
than 90 percent of laborers worked in subsistence agriculture, informal 
commerce or mining, or other informal pursuits.
    The law defines different standard work weeks, ranging from 45 to 
72 hours, for different jobs. The law also prescribes rest periods and 
premium pay for overtime, but employers often did not respect these 
provisions in practice. The law establishes no monitoring or 
enforcement mechanism, and businesses often ignored these standards in 
practice.
    The law specifies health and safety standards; however, government 
agencies did not effectively enforce them. No provisions of the law 
provide workers the right to remove themselves from dangerous work 
situations without jeopardizing their employment.
    According to the NGO Pact, 10 million miners worked in the informal 
sector nationwide, and up to 16 percent of the population may have 
indirectly relied on this so-called artisanal, or small-scale, mining. 
Many suffered violence from guards and security forces for illegally 
entering mining concessions.

                               __________

                         CONGO, REPUBLIC OF THE

    The Republic of the Congo, with a population estimated at 3.8 
million, is a parliamentary republic in which most of the decision-
making authority and political power is vested in the president, Denis 
Sassou-Nguesso, and his administration. Parliamentary elections for the 
Senate and National Assembly in 2007 were marred by irregularities and 
widely viewed as poorly run and highly disorganized, with four district 
results later overturned by the courts. Independent monitors determined 
that the 2002 presidential elections did not ``contradict the will of 
the people'' despite significant irregularities and manipulation in the 
administration of the elections; presidential elections are next 
scheduled for 2009. While civilian authorities generally maintained 
effective control of security forces, there were instances in which 
members of the security forces acted independently of government 
authority.
    The Government's human rights record remained poor. Although there 
were fewer documented abuses during the year, serious problems 
remained. Citizens' right to peacefully change their government was 
limited. In addition, the following serious human rights problems were 
reported: killings of suspects by security forces; mob violence; 
security force beatings and other physical abuse of detainees, rapes, 
looting, solicitation of bribes, and theft; harassment and extortion of 
civilians by unidentified armed elements; poor prison conditions; 
official impunity; arbitrary arrest; lengthy pretrial detention; an 
ineffective and largely nonfunctioning judiciary; infringement of 
citizens' privacy rights; limits on freedom of the press; restrictions 
on freedom of movement; official corruption and lack of transparency; 
domestic violence and societal discrimination against women; 
trafficking in persons; discrimination on the basis of ethnicity, 
particularly against Pygmies; 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 that the Government or its agents committed any politically 
motivated killings; however, security forces killed persons.
    According to local human rights and civil society groups, police 
caused the death of Guy Poaty. He was beaten and reportedly tortured 
after being among nearly 30 persons arrested in July during riots in 
Pointe Noire, during which President Sassou-Nguesso's vehicle was 
stoned. Poaty died while in custody at the Directorate for Territorial 
Surveillance (DST); authorities refused to release information on the 
cause of death. There was no information of any investigation by 
authorities into the circumstances of Poaty's death by year's end.
    During the year there were no known investigations or charges in 
the 2007 death of Guy Yombo, a prisoner at the Ouenze jail. Local human 
rights groups claimed Yombo died of wounds suffered during beatings by 
police at the jail, where he was held with no clear charges filed 
against him.
    There were no reports during the year of any charges being filed 
against authorities who killed a Brazzaville prisoner trying to escape 
from jail in 2007.
    During the year no charges were filed in a 2007 case in which 
police officers in Brazzaville shot and killed three armed suspects who 
were resisting arrest.
    Unlike in previous years, there were no reports of killings of 
civilians in the Pool region by armed elements believed to be Ninja 
rebels. The ``Ninjas'' were formed from a militia group in the late 
1990s in the southeastern Pool region. There continued to be occasional 
deaths due to mob violence, as civilians took vigilante action against 
presumed criminals or settled private disputes. Police at times 
intervened to stop mob violence.
    Three villagers arrested in 2005 for killing an Italian missionary, 
who was killed after his convoy had struck and killed a child, remained 
in prison awaiting trial. No trial had been scheduled by year's end.
    Local inhabitants frequently took the law into their own hands to 
punish persons presumed or known to be police or military personnel who 
looted civilian residences, resulting in death or serious injury. Such 
incidents were most common in remote areas.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    Families of 353 persons who disappeared in the 1999 ``Beach'' 
incident failed during the year in their attempts to use French courts 
to bring claims of criminal wrongdoing against individuals and the 
Congolese government. In April French courts ruled against allowing the 
cases to proceed in the French system, apparently ending the families' 
legal avenues. In 2005 a Brazzaville court acquitted 15 high-ranking 
military and police officials accused of involvement in the 
disappearance and presumed deaths of the 353 persons separated from 
their families by security forces in 1999 upon their return to 
Brazzaville from the Democratic Republic of Congo (DRC). In 2006 the 
Congolese Supreme Court refused to consider an appeal.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such actions, 
security forces frequently used beatings to coerce confessions or to 
punish detainees. During the year there were reports that abuses 
continued in the jail and prison systems.
    As in previous years, there were reports by nongovernmental 
organizations (NGOs) and other reputable sources that security force 
members raped female detainees and beat citizens.
    Early in the year police detained a DRC citizen in the Talangai 
District of Brazzaville because her husband allegedly was dealing 
illegal drugs. While she was detained without charge, the woman was 
raped by three men she claimed were police officers. Two officers were 
jailed and were awaiting trial at year's end; authorities had not 
located the third man.
    During the year harassment and mayhem in the Pool region by armed 
elements believed to be Ninja rebels greatly decreased, following peace 
accords and disarmament agreements completed in June. Rebel leader 
Pasteur Ntumi ordered his Ninja troops to disarm and cooperated in an 
agreement with government soldiers and gendarmes to secure the 
Brazzaville to Pointe Noire railroad. While the region was not 
completely safe, there were many fewer reports of harassment or 
violence during the year.
    In August, according to privately owned television stations, police 
raided restaurants, snack bars, and kiosks without warrants, ostensibly 
to remove vendors operating illegally alongside the roadways. Police 
beat civilians and destroyed private property during the raids. There 
was no report of any official action being taken against the police.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions were harsh and life threatening. Prisons were 
overcrowded, with more than 400 prisoners housed in the Brazzaville 
Maison d'Arret, known as the central prison, which was built in 1944 
for fewer than 100. In Brazzaville's central prison, most cellmates 
slept on the floor on cardboard or thin mattresses in small cells, 
exposing the prisoners to disease. Food provision was poor and health 
care virtually nonexistent, provided primarily, if at all, by outside 
charities. Prisoners and detainees in the Brazzaville central prison, 
the only prison in the capital, usually received one meal per day. The 
Ministry of Justice continued to repair some prisons; however, lack of 
funds hindered efforts to improve facilities and to provide food and 
medicine.
    Detainees held at police stations often were subjected to beatings, 
rapes, overcrowding, and extortion.
    Women were incarcerated with men, except in the city of 
Brazzaville, where separate facilities were maintained. Juveniles were 
held with adults, and pretrial detainees were held with convicted 
prisoners.
    There were six prisons but only three were in operation: The Maison 
d'Arret in Brazzaville, one in Pointe Noire, and one in Ouesso. Other 
facilities stopped functioning during the year due to the dire 
conditions, and many prisoners were simply allowed to walk away, 
reducing the current prison population to approximately 865, 70 percent 
of whom were awaiting trial; most were jailed for assault and robbery. 
Many were transferred to Brazzaville's central prison. In addition to 
the 865 prisoners, there were an estimated 300 detainees throughout the 
country in local jails waiting to be charged or released. In the great 
majority of cases, detainees were released.
    The Government continued to grant access to prisons and detention 
centers to domestic and international human rights groups. During the 
year local human rights groups and NGOs visited prisons and detention 
centers. The International Committee of the Red Cross (ICRC) continued 
regular visits to prisons and detention centers in Brazzaville and 
Pointe Noire and reported that it had received appropriate cooperation 
from the Government on its visits during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention. However, members of the 
security forces unreasonably and arbitrarily detained persons for minor 
offenses, mostly traffic-related, and required them to pay bribes on 
the spot as a condition for release. Nevertheless, reports of arbitrary 
arrests and detentions continued to decrease.

    Role of the Police and Security Apparatus.--The security forces 
include the police, gendarmerie, and military. The police and the 
gendarmerie are responsible for maintaining internal order, with police 
primarily in cities and the gendarmerie mainly in other areas. Military 
forces are responsible for external security, but also have domestic 
security responsibilities, such as protecting the president. The 
minister of defense oversees the military forces and gendarmerie, and 
the minister of security oversees the police.
    A joint police unit known as COMUS, under the Ministry of Security 
and Public Order, is responsible for patrolling the frontiers. Another 
unit, the military police, is composed of military and police officers 
and is primarily responsible for investigating professional misconduct 
by members of any of the security forces. Overall, professionalism of 
the security forces continued to improve, in large part due to training 
by the international law enforcement community. The Government 
generally maintained effective control over the security forces; 
however, some members of the security forces who acted independently of 
government authority committed abuses.
    Corruption remained a significant problem in the security forces. 
During the year there were frequent reports of arrested individuals 
whose families bribed police to secure their release. Traffic police 
extorted bribes from taxi drivers and others under threat of 
impoundment of their vehicles. Although the Human Rights Commission 
(HRC) was established for the public to report security force abuses, 
impunity for members of the security forces was a widespread problem.

    Arrest and Detention.--The constitution and law require that 
warrants be issued by a duly authorized official before arrests are 
made, that a person be apprehended openly, that a lawyer be present 
during initial questioning, and that detainees be brought before a 
judge within three days and either charged or released within four 
months. However, the Government habitually violated these provisions. 
There is a system of bail, but more than 70 percent of the population 
had an income below the poverty level-defined as less than 500 CFAF a 
day (approximately $1.10)-and could not afford to post bail. Detainees 
generally were informed of the charges against them at the time of 
arrest, but formal charges often took at least one week to be filed. 
Police at times held persons for six months or longer due to 
administrative errors or delays in processing detainees. Most delays 
were attributed to lack of staff in the Ministry of Justice and court 
system. Lawyers and family members usually were given prompt access to 
detainees, and indigent detainees were provided lawyers at government 
expense. If indigent detainees were detained outside a major city, they 
were often transferred to the closest town or city where an attorney 
was available.
    Arbitrary arrest continued to be a problem. The most common cases 
were threats of arrest to extort bribes. These were perpetrated most 
often against vehicle operators (mainly taxi drivers) by police, 
gendarmes, or soldiers. Immigration officials also routinely stopped 
persons and threatened them with arrest, claiming they lacked some 
required document, were committing espionage, or on some other pretext 
to extort funds.
    Most often these incidents resulted in the bribe being paid; if 
not, the person was detained at a police station (or the airport) until 
either a bribe was paid or pressure was placed on authorities to 
release the individual.
    Lengthy pretrial detention due to judicial backlogs was a problem. 
Pretrial detainees continued to constitute the majority of the prison 
population, including 67 percent and 52 percent of Brazzaville and 
Pointe Noire prisoners, respectively. On average detainees waited six 
months or longer before going to trial. It was a general belief that 
bribes determine the length of detention.
    Three villagers arrested in 2005 for allegedly killing an Italian 
missionary remained in prison awaiting trial. No trial had been 
scheduled by year's end.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the judiciary continued to be 
overburdened, underfunded, and subject to political influence and 
corruption.
    The judicial system consists of traditional and local courts, 
courts of appeal, a Court of Accounts, the High Court of Justice, the 
Constitutional Court, and the Supreme Court. In rural areas, 
traditional courts continued to handle many local disputes, 
particularly property and inheritance cases, and domestic conflicts 
that could not be resolved within the family. The Court of Accounts' 
function is to hear cases related to mismanagement of government funds. 
The Constitutional Court's responsibility is to adjudicate the 
constitutionality of laws and judicial decisions. The High Court of 
Justice's function is to review judicial decisions or crimes involving 
the president and other high-ranking authorities in the conduct of 
their official duties. Local courts dealt with criminal and civil 
complaints. The Supreme Court met regularly and primarily heard cases 
related to the legality of land seizures by the Government during the 
civil war. It also reviewed administrative and penal cases from lower 
courts.

    Trial Procedures.--The constitution provides for the right to a 
fair trial presided over by an independent judiciary; however, the 
legal caseload far exceeded the capacity of the judiciary to ensure 
fair and timely trials, and most cases never reached the court system. 
The courts have not heard any civilian criminal trials since 2005, with 
the Government citing a lack of funds to organize trials. Some 
prisoners were subsequently freed and considered to be in pending trial 
status, but most remained in pretrial detention. In general, when 
trials occurred prior to 2006, defendants were tried in a public court 
of law presided over by a state-appointed magistrate. Juries are used. 
Defendants have the right to be present at their trial and to consult 
with an attorney in a timely manner. An attorney is provided at public 
expense if an indigent defendant faces serious criminal charges. 
Defendants can confront or question accusers and witnesses against them 
and present witnesses and evidence on their own behalf. The defense has 
access to prosecution evidence. Defendants are presumed innocent and 
have the right of appeal. The law extends the above rights to all 
citizens.
    The military has a tribunal system-the Martial Court-to try 
criminal cases involving military members, gendarmerie, or police. 
Civilians were not tried under this system. This body was believed to 
be subject to influence and corruption. However, in a continuation of a 
2007 investigation into corrupt military payroll practices, during the 
year the Martial Court suspended the salaries of more than 500 current 
and former military personnel.

    Political Prisoners and Detainees.--There were some political 
prisoners and detainees, such as the arrests made in Pointe Noire, as 
discussed above. As in previous years, local and international NGOs, 
including the ICRC, reported monitoring the condition of several 
political prisoners.
    Three exiled DRC military officers remained in pretrial detention 
in military headquarters, where they have been held since 2004 after 
being arrested for political reasons following disturbances in 
Kinshasa. The three were reportedly being held pending extradition, 
although an effective extradition policy between the two countries did 
not exist.
    In June three former gendarme officers loyal to former president 
Pascal Lissouba were tried and convicted on robbery charges stemming 
from a 2005 raid on the Bifouity Gendermarie Armory in Brazzaville. The 
officers had been imprisoned awaiting trial since the 2005 raid, which 
was deemed an attempted coup d'etat. The courts sentenced each man to 
three years in prison, but gave them credit for time spent in jail 
awaiting trial; all three were released in July.

    Civil Judicial Procedures and Remedies.--There is a civil court 
system; however it was widely believed to be subject to the same 
corrupt practices as are found in the criminal court system. Although 
persons can file a lawsuit in court on civil matters, including seeking 
damages or cessation of a human rights violation, no such cases were 
known to exist, and there remained general mistrust of the judicial 
system as a means to address human rights issues.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, security forces at times illegally entered, searched, and 
looted private homes.
    No action was taken during the year on an official complaint filed 
by a civilian in 2007 against police in the Ouenze District of 
Brazzaville, after police entered the man's home without a warrant 
under the pretense of searching for narcotics. The accused was not 
charged and there was never any evidence provided by police to justify 
their search.
    Citizens generally believed the Government monitored telephone and 
mail communications of selected individuals.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, but also criminalize certain 
types of speech, such as incitement of ethnic hatred, violence, or 
civil war. The Government at times limited freedom of speech and of the 
press. Broadcast journalists and government print media journalists 
practiced self-censorship. The nongovernment print media experienced 
fewer constraints as long as its reporting stayed only in print form 
and was not broadcast.
    Individuals could criticize the Government publicly or privately 
without reprisal on relatively minor issues. However, persons feared 
reprisal if they named high-level officials while criticizing 
government policies. The Government generally did not proactively 
attempt to impede criticism by, for example, monitoring political 
meetings, but sometimes punished critics after the fact.
    There was one state-owned newspaper, La Nouvelle Republique, and 
several publications which were closely allied with the Government. 
There were 15 to 20 private weekly newspapers in Brazzaville that 
criticized the Government. Newspapers occasionally published open 
letters written by government opponents. The print media did not 
circulate widely beyond Brazzaville and the commercial center of Pointe 
Noire; it reached approximately one-third of the population.
    Most citizens obtained their news from radio or television, and in 
rural areas primarily from government-controlled radio. There were 
three privately owned radio stations, all progovernment, three 
government-owned radio stations, and one government-owned television 
station. There were four privately owned television stations; unlike in 
previous years, two of the four stations were increasingly critical of 
the Government. Several satellite television services were available 
and permitted the few who could afford it to view a wide range of news 
programs.
    Government journalists were not independent and were expected to 
report positively on government activities. There was evidence that 
when government journalists deviated from this guidance there were 
adverse consequences, especially if they were critical of the 
president.
    Television journalist Christian Perrin was arrested in July after 
ignoring a government order to not report disturbances in Pointe Noire 
that were directed against President Sassou-Nguesso's motorcade. 
Perrin, news director of privately owned Tele Pour Tous (TPT), aired 
footage of the July rioting, which erupted over the funeral of a former 
president of the national assembly and included protestors hurling 
stones at the car carrying President Sassou-Nguesso to the burial. 
Officials in the Ministry of Communications, including the minister 
himself, ordered all news outlets not to report the incidents; all but 
TPT complied. Two weeks later, Perrin invited two opposition party 
members onto his show to discuss politics. Authorities arrested him the 
next morning and later released him after more than 24 hours at the 
DST. Authorities did not officially charge or try him, but a state 
prosecutor declared him guilty and assessed a fine of 500,000 CFA 
(approximately $1,120). By year's end authorities had not contacted 
Perrin to pay the fine. Perrin reported in late August that he felt he 
was under surveillance by unknown persons.
    In September police severely beat Digital Radio Television (DRTV) 
news reporter Giscard Mayoungou as he was covering a disturbance at a 
Brazzaville university. Witnesses said Mayoungou clearly identified 
himself as a reporter but police continued to beat him while they beat 
students and others caught up in the disturbance. DRTV filed a 
complaint against the police but authorities did not take action by 
year's end.
    In July a freelance journalist and documentary filmmaker reported 
receiving threats from government officials after airing a documentary 
she made about ongoing water shortages in Brazzaville. The documentary, 
which included criticism of the Government's failure to fix the water 
problems, was shown once at a cultural center in the Centreville 
District of Brazzaville; it was not shown again after the journalist 
received the threats.
    A number of Brazzaville-based journalists represented international 
media. Unlike in previous years, there were no confirmed reports of the 
Government revoking journalists' accreditations if their reporting 
reflected adversely on the Government's image. However, the Government 
had not repealed the policy that allowed revocation; this policy 
affected journalists employed by both international and government-
controlled media. Local private journalists were not affected.
    The press law provides for monetary penalties for defamation and 
incitement to violence.
    Unlike in previous years, the Government forced a newspaper to 
suspend publication, shutting down the privately owned Talassa for 
three months, citing defamation. The newspaper, which is routinely very 
critical of the Government, resumed publication in March.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. A 
2005 estimate indicated that only 1 percent of the population had 
access to the Internet, due to the lack of infrastructure, reliable 
power, and telephone or satellite services.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice.
    Groups that wished to hold public assemblies were required to 
inform the Ministry of Territorial Administration and appropriate local 
officials, who could withhold authorization for meetings that they 
claimed might threaten public order.
    Unlike in previous years, there were no demonstrations by public 
workers protesting salary arrears at a downtown Brazzaville 
intersection; the Government began paying arrears more frequently 
during the year, lessening the motivation for the rallies.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice. Groups or associations-political, social, or 
economic-were generally required to register with the Ministry of 
Territorial Administration. Registration could sometimes be subject to 
political influence. During the year the Government refused to process 
the application for Marien Ngouabi and Ethics, a political opposition 
group that sought to organize. The group completed all required steps 
for registration but reported that officials refused without 
explanation to provide the final approval stamp that would complete 
recognition. In May government officials and security forces prevented 
Marien Ngouabi and Ethics from holding its planned national meeting at 
the Parliament Palace in Brazzaville, citing the group's lack of 
approved registration.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.

    Societal Abuses and Discrimination.--There were no reports of 
discrimination against members of religious groups. There was no 
substantial Jewish community in the country, and there were no reports 
of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation; however, in practice the Government at times imposed 
limitations. Immigration officials routinely stopped travelers on 
various pretexts to extort funds.
    In the Pool region, unidentified armed elements believed to be 
Ninja rebels continued to harass and intimidate citizens, thus limiting 
freedom of movement. A final disarmament agreement signed in June 
between the Government and the remaining rebel leader, Pasteur Ntumi, 
resulted in improved security conditions and fewer reported incidents 
of harassment.
    The law prohibits forced exile, and the Government did not use it. 
The Government did not prevent the return of citizens, including 
political opponents of the president. By year's end, former president 
Pascal Lissouba, who was sentenced in absentia in 2001 to 30 years in 
prison for ``economic crimes,'' had not returned to the country, 
despite a 2007 announcement that President Sassou-Nguesso had agreed to 
allow his return and would pardon him. Other officials, including the 
former minister of transport and former secretary general for the 
largest opposition party, returned from exile during the year.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened, and granted refugee status or asylum.
    The Government cooperated with the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and asylum seekers. During the year the Government cooperated 
with the UNHCR in the voluntary return of refugees, including ex-
combatants from the DRC, to their home countries.
    According to the NGO Congolese Observatory for Human Rights (OCDH), 
Albert Muya Ilunga, a DRC refugee living in Brazzaville, was 
involuntarily repatriated to Kinshasa in March, detained for two weeks, 
and questioned by DRC security forces. Following diplomatic 
negotiations between both Congolese governments and the UN, Muya Ilunga 
was brought back to Brazzaville by the UN and released.
    The Government also provides temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol; however, the Government was not generally effective in 
dealing with such cases. The National Refugees Committee's offices, 
closed in 2007 due to a lack of funds, reopened in March, but did not 
process any refugee requests during the year. According to the World 
Refugee Survey, the country hosted an estimated 44,000 refugees and 
asylum seekers at the end of 2007, including approximately 33,800 from 
the DRC who had fled civil war in the 1990s and in 2004. Some 6,500 
Rwandan refugees who fled their country in the 1990s remained in Congo 
at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to 
peacefully change their government. However, during the 2002 
presidential elections, significant irregularities occurred, and the 
entire Pool region was unable to vote. Legislative elections in 2007 
were characterized as chaotic.

    Elections and Political Participation.--During the year local 
elections for senatorial and mayoral positions were marred by 
disorganization, extreme voter apathy, and low turnout. Opposition 
party leaders complained that representatives from different political 
parties were not allowed to examine ballot results before they were 
publicly announced, as the country's electoral law requires.
    Legislative elections in 2007 were marred by poor organization and 
low voter turnout, although there were no confirmed incidents of 
violence. The ruling Congolese Labor Party, and independent candidates 
aligned with it, won 125 seats; candidates from two opposition parties 
won the remaining 12 seats.
    Independent observers determined that the 2002 presidential 
elections did ``not contradict the will of the people'' despite serious 
flaws and the almost complete absence of any opposition candidates. The 
next presidential elections are scheduled for 2009.
    Major political parties included the ruling Congolese Labor Party, 
the Pan-African Union for Social Development, the Congolese Movement 
for Democracy and Integrated Development, the Union for Democracy and 
the Republic, the Rally for Democracy and Social Progress, and the 
Union for Progress. Some opposition party leaders returned from exile 
during the year. Northern ethnic groups, such as the president's Mbochi 
group and related clans, dominated the political system.
    There were eight women in the 72-seat Senate and 10 women in the 
137-seat National Assembly. There were five women in the 38-member 
cabinet.
    There were 14 members of tribes other than the dominant northern 
tribes in the 72-seat senate, 47 in the 137-seat National Assembly, and 
15 in the 38-member cabinet. Despite a 2006 parliamentary reaffirmation 
of their right to vote, Pygmies were excluded from the political 
process due to their isolation in remote areas, their culture, and 
stigmatization by the majority Bantu population.

    Government Corruption and Transparency.--The law provides for 
criminal penalties for official corruption.
    There was a widespread perception of corruption throughout 
government, including misuse of revenues from the oil and forestry 
sectors. According to the World Bank's 2008 Worldwide Governance 
Indicators, government corruption was a severe problem. Also, according 
to the International Monetary Fund (IMF) and local and international 
NGOs, official corruption was widespread, particularly in the 
mismanagement of natural resources. The IMF and World Bank expressed 
concern about governance and lack of financial transparency, inadequate 
internal controls and accounting systems, and conflicts of interest in 
the marketing of oil by the state-owned oil company. Government 
officials, through bribes or other fraud, regularly siphoned off the 
bulk of revenues from these industries into private overseas accounts. 
Pervasive lower-level corruption included security personnel and 
customs and immigrations officials demanding bribes.
    Two prominent anticorruption and human rights activists, Christian 
Mounzeo and Brice Mackosso, reported an end to the harassment they had 
been subjected to since their 2006 arrests and convictions on 
politically motivated charges of embezzlement. By year's end neither 
man had been approached by government authorities to pay the 300,000 
CFA (approximately $670) fines imposed in their 2006 sentencing. During 
the year both men reported being able to travel freely.
    The law provides for public access to government information for 
citizens, noncitizens, and the foreign media; however, in practice 
there were lengthy delays before the Government released information, 
if it did so at all.
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 some exceptions, without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials generally were more cooperative and 
responsive to international groups than to domestic human rights 
groups. However, domestic human rights groups tended not to report 
specific incidents for fear the Government would impose obstacles to 
their work.
    The Government-sponsored HRC is charged with acting as a government 
watchdog and addressing public concerns on human rights issues. 
Observers claimed that the commission was completely ineffective and 
lacked independence. The president appointed most, if not all, of its 
members. During the year the commission met for the first time since 
its creation in 2003, but failed to take any significant actions other 
than sending its members on all-expense-paid trips to international 
conferences and other venues.
    The ICRC maintained an office in Brazzaville. During the year 
access to government officials and to detainees remained good for 
international humanitarian officials. Local NGOs, in contrast, had poor 
access.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law and constitution prohibit discrimination on the basis of 
race, gender, language, social status, or handicap; however, the 
Government did not effectively enforce these prohibitions. Societal 
discrimination and violence against women, trafficking in persons, 
regional ethnic discrimination, and discrimination against indigenous 
persons were problems.

    Women.--Rape, including spousal rape, is illegal; however, the 
Government did not effectively enforce the law. The law prescribes five 
to 10 years in prison for violators. However, depending on the severity 
of the circumstances, the penalties for rape, despite what the law 
requires, in practice could be as few as several months but rarely more 
than three years' imprisonment. Rape was common, although the extent of 
the problem was unknown because the crime was seldom reported. Fewer 
than 25 percent of reported rape cases were prosecuted, according to 
local and international NGO estimates.
    Domestic violence against women, including rape and beatings, was 
widespread but rarely reported. There were no specific provisions under 
the law outlawing spousal battery, other than general statutes 
prohibiting assault. Domestic violence traditionally was handled within 
the extended family or village, and only more extreme incidents were 
reported to the police, primarily due to the social stigma for the 
victim. No official statistics concerning domestic violence against 
women were available. Local NGOs continued awareness campaigns and 
workshops.
    Female genital mutilation (FGM) was not practiced indigenously and 
is against the law. It may have occurred, however, in some immigrant 
communities from West African countries where it was common. There were 
no known government or other efforts to investigate or combat FGM.
    Prostitution is illegal, but the Government did not effectively 
enforce this prohibition. Prostitution was common, and police often 
accepted services in lieu of arresting prostitutes.
    Sexual harassment is illegal. Generally the penalty is two to five 
years in prison. In particularly egregious cases, the penalty can equal 
the maximum for rape, five to 10 years in prison. However, the 
Government did not effectively enforce the law. Sexual harassment was 
very common but rarely reported. As in previous years, there were no 
available statistics on its incidence.
    Marriage and family laws overtly discriminate against women. 
Adultery is illegal for women but not for men. Polygyny (having 
multiple wives) is legal; polyandry (having multiple husbands) is not. 
The law provides that a wife shall inherit 30 percent of her husband's 
estate. In practice, however, the wife often lost all inheritance upon 
the death of her spouse, particularly under traditional or common-law 
marriage. The symbolic nature of the dowry is set in the law; however, 
this often was not respected, and men were obliged 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 means to 
reimburse the bride price to the husband and his family. This problem 
was more prevalent in rural areas than in urban centers. The Ministry 
of Social Affairs was in charge of protecting and promoting the rights 
of women, but it did not effectively perform its function.
    The law prohibits discrimination based on gender and stipulates 
that women have the right to equal pay for equal work. However, women 
were underrepresented in the formal sector. Women experienced economic 
discrimination in access to employment, credit, pay, and owning or 
managing businesses. Most women worked in the informal sector and thus 
had little or no access to employment benefits. Women in rural areas 
were especially disadvantaged in terms of education and wage employment 
and were confined largely to family farming, small-scale commerce, and 
child-rearing responsibilities. Many local and international NGOs have 
developed microcredit programs to address this problem, and government 
ministries such as those of social affairs and agriculture were also 
active in helping women set up small income-producing businesses.

    Children.--The Government was committed to protecting the rights 
and welfare of children. The Government does not provide automatic 
recording of births; it is up to parents to record the birth of a 
child. Recording is not required, but must be done to obtain a birth 
certificate necessary for school enrollment, etc. Those living in 
remote villages have a difficult time doing so, as this was done only 
in the major city of each department. The Government continued a system 
to provide free birth registration in Brazzaville, but, as in previous 
years, the program did not cover other areas of the country.
    Education was compulsory, tuition-free, and universal until the age 
of 16, but families were required to pay for books, uniforms, and 
school fees. In the cities approximately 95 percent of primary school-
age children attended school, and in rural areas an estimated 90 
percent attended. Schools were overcrowded and facilities extremely 
poor. Girls and boys attended primary school in equal numbers; however, 
the proportion of girls who continued on to the high school and 
university levels was significantly lower. Girls generally quit school 
by age 15 or 16. In addition teenage girls often were pressured to 
exchange sex for better grades, which resulted in both the spread of 
HIV/AIDS and unwanted and unplanned pregnancies.
    Reported child abuse was not common. Most reports in previous years 
involved the West African immigrant communities in the country.
    There were isolated cases of child prostitution among children who 
lived on the streets. The prevalence of the problem remained unclear. 
According to reports from international and local NGOs and other 
observers, these cases were not linked to trafficking but were efforts 
by some of these children to survive.
    With support from international organizations, the Government 
provided economic and counseling support to former child soldiers.
    During the year the number of children who lived on the streets 
remained approximately the same. International organizations assisted 
with programs to feed and shelter these children. The majority of 
homeless children in Brazzaville and Pointe Noire were believed to be 
from the DRC, according to the UN Children's Fund (UNICEF). Children 
who lived on the streets were vulnerable to sexual exploitation and 
often fell prey to criminal elements such as drug smugglers. Many 
begged or sold cheap or stolen goods to support themselves.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and there were reports that persons were 
trafficked to and within the country.
    There continued to be reports of trafficking of children by West 
African immigrants living in the country, as well as trafficking of 
children from the DRC. Trafficking could be prosecuted under existing 
laws against slavery, prostitution, rape, illegal immigration, forced 
labor, and regulations regarding employer-employee relations. However, 
there were no known cases of the Government prosecuting any trafficker 
under these laws. The ministries of security, labor, and social 
affairs, as well as the gendarmerie, have responsibility for 
trafficking issues. There were no government programs to prevent 
trafficking or to provide protection or assistance to victims of 
trafficking.
    A 2007 UNICEF report indicated the country was a destination for 
trafficked persons, with an estimated 1,800 children reportedly 
trafficked in Brazzaville and Pointe Noire. There were reports that 
underage relatives of immigrants from West Africa could be victims of 
trafficking. There was no evidence of trafficking in adults. Children 
from West Africa worked as fishermen, shop workers, street sellers, or 
domestic servants. There were reports that some were physically abused.
    Suspected traffickers, who were believed to be either distant 
relatives or fellow countrymen of the victims, recruited parents to 
sell their children with false promises of providing the children care 
or training, visas to Europe, or South Africa.
    There were no known cases of the Government assisting with 
international investigations or extraditing citizens who were accused 
of trafficking in other countries. During the year a joint program by 
UNICEF, local NGOs, most notably Action Against Trafficking of West 
African Children (ALTO), and government officials in Pointe Noire 
continued successfully repatriating some West African children who 
claimed to have been trafficked, particularly from Benin.
    There was no evidence of involvement of government officials in 
trafficking, although bribery and corruption were problems. In March 
the wife of a former presidential cabinet official was arrested in 
Canada on human trafficking suspicions.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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, although the 
Government generally did not enforce the law. There were no laws 
mandating access for persons with disabilities. The Ministry of Social 
Affairs is the lead ministry responsible for these issues.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination based on ethnicity; however, the Government did not 
effectively enforce this prohibition.
    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. Supporters of 
the Government included persons mostly from northern ethnic groups, 
such as the president's Mbochi group and related clans.

    Indigenous People.--The indigenous Pygmy ethnic group (also known 
as the Baka people), who lived primarily in forest regions, did not 
enjoy equal treatment in the predominantly Bantu society. Indigenous 
people are estimated to constitute 10 per cent of the population or an 
estimated 300,000 persons. The Government did not effectively protect 
their civil and political rights. Pygmies were severely marginalized in 
regard to employment, health services, and education, in part due to 
their isolation in remote areas of the country and their 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 Pygmies were not aware of the concept of voting and 
had minimal ability to influence government decisions affecting their 
interests.
    In March the High Court in the Sabiti district indicted a prominent 
former government official for the disappearance of an indigenous girl 
in 1989. The former official, Omer Gapa, was arrested in March and was 
awaiting trial at year's end. The girl, who was six when she 
disappeared, has not been seen since, according to the local human 
rights NGO OCDH and APSPC, an NGO advocating for the country's 
indigenous populations.
    During the year the National Network of Indigenous People of Congo 
continued its campaigns directed at the Government, civil society, and 
international organizations to improve Pygmy living conditions.
    Bantu ethnic groups have exploited Pygmies, possibly including 
children, as cheap labor; however, as in previous years, there was 
little information regarding the extent of the problem.

    Other Societal Abuses and Discrimination.--The constitution 
prohibits discrimination based on political, sexual, or religious 
orientation. However, the social stigma associated with homosexuality 
was significant. There was no open homosexuality in the country.
    In contrast, persons with HIV/AIDS were fairly well organized and 
sought fair treatment, especially regarding employment. NGOs worked 
widely on HIV/AIDS issues, including raising public awareness that 
those living with HIV/AIDS were still able to contribute to society. 
The law provides avenues for wronged persons to file lawsuits if they 
were, for example, terminated from employment due to their HIV/AIDS 
status.
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 this right. Members of the security 
forces and other essential services do not have this right, however. 
Almost 100 percent of workers in the public sector and approximately 25 
percent of workers in the formal private sector were 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 also provides for 
the right to bargain collectively, and workers exercised this right 
freely, although collective bargaining was not widespread due to severe 
economic conditions.
    Unlike in previous years, there were no reports that antiunion 
discrimination occurred. Most trade unions were reportedly weak and 
subject to government influence; as a result, workers' demonstrations 
were frequently prohibited, often by the unions themselves. There were 
no reports during the year of employers firing workers for union 
activity.
    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 such practices occurred.
    The Government has not repealed a 1960 law which allows persons to 
be requisitioned for work of public interest and provides for their 
possible imprisonment if they refuse. However, there are no reports of 
the law ever being utilized or enforced.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there are laws and policies designed to protect children from 
exploitation in the workplace, child labor was a problem. The minimum 
age for employment or internships was 16 years; however, this law 
generally was not enforced, particularly in rural areas and in the 
informal sector. Children worked with their families on farms or in 
small businesses in the informal sector without government monitoring.
    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. As in previous 
years, limited resources prevented the ministry from carrying out 
regular child labor inspection trips.
    International aid groups reported little change during the year in 
child labor conditions: the problem existed, but had neither worsened 
nor improved.

    e. Acceptable Conditions of Work.--The national minimum wage, which 
was 54,000 CFAF (approximately $110) per month in the formal sector, 
did not provide a decent standard of living for a worker and family. 
Wage floors established in the 1980s for various sectors have remained 
largely unchanged and are not considered relevant, as wages in the 
formal sector are paid above the minimum levels, although often not by 
much. There was no official minimum wage for the agricultural and other 
informal sectors. High urban prices and dependent extended families 
obliged many workers, including teachers and health workers, to seek 
secondary employment, mainly in the informal sector. The bulk of back 
salaries for government and parastatal workers dating to the late 1990s 
civil conflict period remained unpaid.
    The law provides for a standard workweek of seven hours per day, 
six days a week with a one-hour lunch break. There was no legal limit 
on the number of hours worked per week. The law stipulates that 
overtime must be paid for all work in excess of 42 hours per week; 
however, there is no legal prohibition against excessive compulsory 
overtime. Overtime was subject to agreement between employer and 
employee.
    Although health and safety regulations require biannual visits by 
inspectors from the Ministry of Labor, such visits occurred much less 
frequently. 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 situations that endanger their health or safety without 
jeopardy to their continued employment.

                               __________

                             COTE d'IVOIRE

    Cote d'Ivoire is a democratic republic with an estimated population 
of 18 million. Laurent Gbagbo, candidate of the Ivoirian People's Front 
(FPI), became the country's third president in 2000. The 2000 
presidential election, which excluded two of the major political 
parties, the Democratic Party of Cote d'Ivoire (PDCI) and the Rally for 
Republicans (RDR), was marred by significant violence and 
irregularities.
    In 2002 a failed coup attempt evolved into a rebellion, which split 
control of the country between the rebel New Forces (FN) in the north 
and the Government in the south. The failure of subsequent peace 
accords resulted in the 2004 deployment of 6,000 peacekeepers under the 
UN Operation in Cote d'Ivoire (UNOCI), who joined the 4,000-member 
French Operation Licorne peacekeeping force already in the country. 
Approximately 8,000 UNOCI and 1,800 Licorne peacekeepers remained in 
the country at year's end to support the ongoing peace process. 
Civilian authorities generally maintained effective control of the 
security forces in government-controlled zones. Authorities in FN 
controlled zones generally did not maintain effective control of the 
security forces.
    In 2007 President Gbagbo and FN rebel leader Guillaume Soro signed 
the Ouagadougou Political Agreement (OPA), which mandated elections and 
led to the dismantling of the zone of confidence (ZOC) dividing north 
and south. At year's end nearly 90 percent of civil administration had 
returned to the north, and mobile courts had distributed birth 
certificates to many of those persons who were never registered. 
However, implementation of other key tenets of the OPA-including 
disarmament of armed factions and determination of citizenship-remained 
incomplete. On November 11, the Permanent Consultation Framework for 
the OPA announced the postponement of the presidential election, 
scheduled for November 30. A new date had not been announced at year's 
end.
    The Government's human rights record improved slightly during the 
year but continued to be poor. The following human rights abuses were 
reported: restriction of citizens' right to change their government; 
arbitrary and unlawful killings, including summary executions by 
security forces and progovernment militias; torture and other cruel, 
inhuman, or degrading treatment and punishment by security forces; 
life-threatening prison and detention center conditions; security force 
impunity; arbitrary arrest and detention; denial of fair public trial; 
arbitrary interference with privacy, family, home, and correspondence; 
police harassment and abuse of noncitizen Africans; use of excessive 
force and other abuses in internal conflicts; restrictions on freedoms 
of speech, press, peaceful assembly, association, and movement; 
official corruption; discrimination and violence against women, 
including female genital mutilation (FGM); child abuse and 
exploitation, including forced and hazardous labor; forced labor; and 
trafficking in persons.
    The FN's human rights record improved slightly during the year but 
continued to be poor. There were reports of extrajudicial killings with 
impunity and torture. UNOCI reported the killing, disappearance, and 
rape of civilians in FN-held territories. The FN continued to 
arbitrarily arrest and detain persons and to conduct arbitrary ad hoc 
justice during the year. Conditions in FN prisons and detention centers 
were life-threatening.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were several 
reports that the Government or its agents committed arbitrary or 
unlawful killings. Security forces continued to commit extrajudicial 
killings with impunity, and progovernment militia groups were 
responsible for killings, disappearances, and harassment. These crimes 
often went unreported or underreported due to fear of reprisals.
    On April 1, police fired on protestors in Abidjan who were 
demonstrating against rising prices of basic products like rice and 
cooking oil, killing a 25-year-old man. No action was taken against the 
police.
    On April 16, gendarme Drissa Dante shot and killed Camara Mouyama, 
a 15-year-old girl, as he and his colleague were trying to disperse an 
angry crowd that was threatening them. Two days after the incident, the 
military prosecutor put Dante and his colleague in prison, and an 
investigative judge was examining their case at year's end.
    Security forces frequently resorted to lethal force to combat 
widespread crime and often committed crimes themselves with impunity. 
Such cases often occurred when security forces apprehended suspects or 
tried to extort money from taxi drivers and merchants at checkpoints 
and roadblocks.
    During the year there were a number of killings attributed to 
members of the Security Operations Command Center (CECOS), a government 
anticrime organization whose personnel also were accused of other human 
rights violations, racketeering, extortion, and harassment. Members of 
CECOS reportedly carried out summary executions of suspected thieves in 
Abidjan, although the interior ministry stated that all victims were 
criminals killed in the course of police anticrime activities.
    On February 27, CECOS member Sergeant Alain Yao Konan shot and 
killed Bamba Lassina, a 24-year-old gbaka (minibus) driver, as he tried 
to flee a police checkpoint in Yopougon. Judges tried and sentenced 
Konan to three years' imprisonment.
    There were no developments in the separate 2007 CECOS killings of 
two prison escapees, an innocent bystander, or Toulman Ibrahim.
    During the year extrajudicial killings attributed to the FN were 
reported in rebel-held zones and in the former zone of confidence.
    In January the UNOCI Human Rights Division and Ivoirian human 
rights organizations claimed the FN arrested five persons in their 
homes and executed them in the municipal cemetery of Bouake in December 
2007. The FN denied any involvement in the killings and did not conduct 
an official investigation. The FN detained a few persons in connection 
with the case but released them after a few months without filing 
further charges.
    In July a woman contacted the UN Police (UNPOL) office in Bouake to 
report her husband, an FN soldier, missing. FN authorities told UNPOL 
that the woman's husband and two other men had been arrested for 
stealing 25 million CFA (approximately $50,000) from a village. FN 
authorities said FN soldiers killed the three men because they became 
violent and attempted to escape. The FN did not conduct an 
investigation into the incident.
    On November 9, four FN soldiers stationed in Boundiali arrested two 
FN soldiers in Odienne for allegedly taking part in a highway robbery. 
According to the UNOCI Human Rights Office in Odienne, the FN soldiers 
making the arrest tied up the two men and put them into the trunk of a 
car. The FN soldiers killed one of the men; the other escaped.
    The FN killed nine alleged insurgents immediately following an FN 
military uprising in Seguela on November 24. According to UNOCI 
reports, the FN also arrested 73 persons in connection with the 
incident. The UNOCI Human Rights Office, which visited detainees at 
three FN detention centers, noted that most of the detainees had 
visible marks of torture and ill-treatment on their bodies. Although 42 
of those arrested were eventually released, many alleged insurgents 
remained missing, including Doumbia Amara, who was abducted from his 
home in Seguela on November 24. The FN did not conduct an investigation 
into the incident.
    No government action was taken against members of security forces 
or the Young Patriots (a youth group with close ties to the ruling FPI 
party) responsible for summary executions in previous years.
    The police officer allegedly responsible for the 2007 killing of 
Young Patriot Henri Beugre received a new assignment after spending a 
few weeks in jail.
    No investigations were conducted into numerous abuses committed by 
rebels in previous years, including summary executions and other 
killings.
    In Abidjan and the western part of the country, there were reports 
of atrocities, including killings by progovernment militia groups and 
armed bandits thought to be members of the FN.
    Reports of ethnic conflict between local residents in the west and 
other settlers (principally Ivoirians) continued (See Section 5).

    b. Disappearance.--There were a few unconfirmed press reports of 
disappearances of members of the opposition and other citizens, who 
remained missing at year's end. There were also unconfirmed press 
reports that security forces participated in kidnappings.
    The Government made no effort to assist the French investigation 
into the 2004 disappearance of Franco-Canadian journalist Guy Andre 
Kieffer. In July First Lady Simone Gbagbo did not appear in Paris 
before a French investigative judge to answer questions about the case, 
claiming she had not been informed of the subpoena.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
security forces and FN soldiers and police beat and abused detainees 
and prisoners to punish them, extract confessions, or extort payments 
with near-total impunity. Police officers forced detainees to perform 
degrading tasks under threat of physical harm and continued to harass 
and extort bribes from persons of northern origin or with northern 
names.
    There were unconfirmed reports that security forces raped women and 
girls. There were no developments in the cases from previous years in 
which security forces committed rape.
    The UN and the concerned troop-contributing country (TCC) concluded 
their investigations into allegations of sexual exploitation and abuse 
of minors in 2007 by UNOCI personnel stationed in Bouake. At year's end 
a joint UN-TCC report was under review for subsequent finalization and 
release.
    On May 27, the BBC reported on allegations stemming from a separate 
incident in which 10 UNOCI peacekeepers sexually abused a 13-year-old 
Ivoirian girl near her home in 2007. The report was part of the BBC's 
coverage of the release of the Save the Children UK report No One to 
Turn To which revealed incidents of child sexual exploitation by 
humanitarian workers and peacekeepers. The UN and the concerned TCC 
conducted an investigation into the case. An official report was sent 
to the UN Secretariat in December but had not been made public by 
year's end.
    There continued to be reports that noncitizen Africans, mostly from 
neighboring countries, were subject to harassment by security forces 
and ``self-defense'' groups, including repeated document checks, 
security force extortion, and racketeering.
    In FN-controlled areas, FN military police operated with impunity 
in administering punishment without legally constituted executive or 
judicial oversight.
    On December 9, FN soldiers reportedly arrested seven persons, 
including three civilians and four FN soldiers, and detained them in 
Bouna prison for alleged involvement in armed robberies and the sale of 
stolen motorcycles. The FN soldiers reportedly beat the detainees and 
ordered them to run barefoot around the city. At least one detainee was 
reported to have been shot in the foot, and one of the civilians 
allegedly collapsed and died. At year's end the detainees remained in 
Bouna prison, and no formal investigation into the incident had been 
conducted.
    There were confirmed reports that FN members raped women and girls 
in the north and that rebel soldiers tortured suspected government 
loyalists or allies of rival rebel leader Ibrahim Coulibaly in the 
zones under their control.
    On January 2, two soldiers from a joint brigade made up of 
government Security and Defense Forces (FDS) and the FN raped a 13-
year-old girl in Kounahiri. The Government took no action against the 
alleged rapists, despite appeals to the local FDS-FN unit commander by 
the UNOCI Human Rights Division.
    An April UNOCI report noted that two FN members raped two girls, 
ages 10 and 12, in Bouake and Danane. After UNOCI intervention, the FN 
apprehended one of the alleged rapists and detained him at the Bouake 
civilian prison, where he remained at year's end.
    On May 10, FN soldiers arrested and tortured three cattle breeders 
at the house of a corporal responsible for the FN cattle unit in 
Odienne. The UNOCI Human Rights Division reported that the FN soldiers 
removed the trousers and shirts of the three men and tightly bound 
their hands. For three days, the men were beaten with military belts 
and kicked, leaving visible scars. During their detention, the soldiers 
gave them only a little food once a day and made them sleep on the bare 
floor. Following an intervention by the UNOCI Human Rights Office in 
Odienne, the three men, who had been detained for ten days, were 
released.
    On August 31, five men (including two FN soldiers) physically 
assaulted and tortured a man accused of stealing a sheep in Bouake. The 
FN soldiers, reportedly armed with Kalashnikovs, forcibly entered the 
victim's house and beat him with truncheons, military belts, and the 
butts of their guns. They also allegedly inflicted burns on him with 
matches and threatened to kill him. No disciplinary action was taken 
against the perpetrators.

    Prison and Detention Center Conditions.--Conditions were poor and 
in some cases life-threatening in the country's 33 prisons. In the 22 
prisons, which also served as detention centers, located in the area 
under government control, this situation was primarily due to 
inadequate budgets and overcrowding. For example, the country's main 
prison, the Abidjan Correctional Facility and Penitentiary (MACA), was 
built for 1,500 persons but held more than 5,000 detainees. Conditions 
in MACA were notoriously bad, especially for the poor. Some wealthier 
prisoners reportedly could ``buy'' extra cell space, food, and even 
staff to wash and iron their clothes. The Government provided 
inadequate daily food rations, which were insufficient to prevent cases 
of severe malnutrition in prisoners whose families did not bring them 
additional food. As of September 30, 161 prisoners had died in the 
country's 22 government-controlled prisons, mostly due to malnutrition 
and disease. There were credible reports that prisoners frequently 
brutalized other prisoners for sleeping space and rations.
    Male minors were held separately from adult men, but the physical 
barriers at MACA were inadequate to enforce complete separation. At 
year's end fewer minors were detained with adults than in the past.
    Pretrial detainees were held with convicted prisoners.
    Prison conditions for women were particularly difficult, and 
health-care facilities were inadequate. There were continued reports 
that female prisoners engaged in sexual relations with wardens to get 
food and privileges. Pregnant prisoners went to hospitals to give 
birth, and their children often lived with them in prison. The 
penitentiary accepted no responsibility for the care or feeding of the 
infants, although inmate mothers received help from local 
nongovernmental organizations (NGOs).
    The Government permitted access to prisons by the International 
Committee of the Red Cross (ICRC) and by local and international NGOs, 
including World Doctors, International Prisons' Friendship, Love Amour, 
Prisoners Without Borders, and the Ivoirian Islamic Medical Rescue 
Association.
    Detainees continued to suffer from lack of food and medical care in 
government-controlled prisons. In August four prisoners died from 
malnutrition in the Daloa prison. Another Daloa inmate suffering from 
bullet wounds died on August 7, after authorities failed to refer him 
to the hospital for treatment.
    No government action was taken in the 2007 case of 26 detainees who 
died in a government-controlled prison in Daloa due to malnutrition, 
poor hygiene, and disease.
    On December 15, following violent clashes in MACA two days earlier, 
one prisoner was killed and scores injured when police launched a 
containment operation. Prison authorities claimed that the prisoner 
died from being stabbed by another inmate during the confrontation. No 
investigation was conducted into the incident.
    The FN continued to maintain detention centers and prisons, and the 
ICRC and UNOCI Human Rights Division local teams were often granted 
access to them. The FN did not always allow these organizations to meet 
with detained or incarcerated individuals privately, however, and they 
occasionally denied visitation rights for some detainees.
    Detention and prison conditions in FN zones were extremely poor, 
with detainees often housed in converted schools, movie theaters, or 
other buildings with poor air circulation and sanitary facilities. In 
August UNOCI discovered a two-meter-deep hole covered with iron bars 
that the FN was using as an illegal detention area. Despite numerous 
attempts by UNOCI to discuss the subject with the FN sector commander, 
the illegal detention hole continued to be used.
    Prison conditions in FN zones were significantly worse than in 
MACA. Although Prisoners Without Borders renovated the Bouake and 
Korhogo prisons located in FN zones, by year's end these prisons were 
not yet fully operational. The FN did not have sufficient personnel to 
operate the two prisons, nor could they provide prisoners with proper 
food or health care. Many detainees became ill with respiratory 
diseases, tuberculosis, or malaria due to lack of medical care and 
unhygienic conditions.
    Persons died in FN custody, and there continued to be credible 
reports that prisoners died in FN jails. The UNOCI Human Rights Office 
in Bouake reported that in early October, an FN element suspected of 
theft and illegal possession of firearms was found dead in his cell. 
Local authorities claimed he had hung himself.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, both occurred 
frequently.

    Role of the Police and Security Apparatus.--Security forces under 
the ministries of defense and interior 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. Police forces, which are under the 
jurisdiction of the Ministry of Interior, include paramilitary rapid 
intervention units such as the Anti-Riot Brigade, the Republican 
Security Company, and the plainclothes investigating unit, Directorate 
for Territorial Security (DST). In 2005 the Ministry of Interior formed 
CECOS to combat rising crime in Abidjan. A central security staff 
collected and distributed information regarding crime and coordinated 
the activities of the security forces.
    Poor training and supervision of security forces, corruption, the 
public's fear of pressing charges, and investigations conducted by 
security forces, who themselves were abusers, contributed to widespread 
impunity and lawlessness in the country. Racketeering at roadblocks 
remained a serious problem. There were fewer reports than in the 
previous year that security forces forced persons stopped at roadblocks 
to do push-ups while being beaten or subjected to other abuses.
    In June the Government launched a nationwide crackdown on 
racketeering at checkpoints, arresting some drivers who paid bribes to 
security forces-but not the police officers who took the bribes. Those 
who refused to pay bribes continued to face the confiscation of their 
official documents, harassment, intimidation, or physical abuse.
    Police solicited sexual favors from prostitutes in exchange for not 
arresting them. Security forces often were accused of causing rising 
crime in Abidjan; for example, there were credible reports that they 
rented their uniforms and weapons to persons wanting to engage in 
criminal activity.
    Security forces frequently resorted to excessive and sometimes 
lethal force while conducting security operations and dispersing 
demonstrations.
    Security forces on occasion also failed to prevent violence.
    The Government sometimes took action against police officers who 
committed abuses; however, it generally 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 Government partnered with UNOCI during the year to provide 
human rights training to security forces in advance of elections 
planned for November but later postponed it.

    Arrest and Detention.--Under the law, officials must have warrants 
to conduct searches, although police sometimes used a general search 
warrant without a name or address. A bail system existed solely at the 
discretion of the judge trying the case. Detainees were generally 
allowed access to lawyers; however, in cases of accusations of 
complicity with the rebels or other matters of national security, 
detainees were frequently denied access to lawyers and family members. 
For more serious crimes, those who could not afford to pay for lawyers 
were given lawyers by the state, but alleged offenders charged with 
less serious offenses were often without representation.
    A public prosecutor may order the detention of a suspect for 48 
hours without bringing charges, and in special cases such as suspected 
actions against state security, 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. Defendants do not have the right to a judicial 
determination of the legality of their detention. A magistrate can 
order pretrial detention for up to four months but also has to provide 
the minister of justice with a written justification on a monthly basis 
for continued detention.
    The DST is charged with collecting and analyzing information 
relating to national security. The DST has the authority to hold 
persons for up to four days without charges; however, human rights 
groups stated there were numerous cases of detentions exceeding the 
statutory limit.
    On January 17, security forces arrested 11 persons for alleged coup 
plotting. The individuals were linked to former rebel leader Ibrahim 
Coulibaly, whose supporters had allegedly attacked FN personnel in 
Bouake in December 2007, resulting in several deaths. The individuals 
denied participating in any coup plot and had not been tried at year's 
end.
    Abdul Ibrahim Redda, a naturalized Ivoirian citizen of Lebanese 
origin who was deported in 2007 without being tried, was allowed to 
return to the country.
    There were fewer reports than in the previous year that security 
forces arbitrarily arrested merchants and transporters, often in 
conjunction with harassment and requests for bribes.
    Police and gendarmes detained persons in various military camps in 
Abidjan; however, there were fewer such reports than in the previous 
year. Few of these detainees entered the civil justice system.
    Many inmates continued to suffer long detention periods in MACA and 
other prisons while awaiting trial. Despite the legal limit of 10 
months of pretrial detention in civil cases and 22 months in criminal 
cases, some pretrial detainees were held in detention for years. As of 
September 30, the National Prison Administration reported that of the 
11,143 persons held in the 22 government controlled prisons, 30 percent 
were pretrial detainees.

    Amnesty.--No amnesty decrees were issued during the year.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, in practice the judiciary was 
subject to influence from the executive branch, the military, and other 
outside forces. Although the judiciary was independent in ordinary 
criminal cases, it followed the lead of the executive in national 
security or politically sensitive cases. There also were credible 
reports that judges were corrupt. It was common for judges open to 
bribery to distort the merits of a case. Judges also reportedly 
accepted bribes in the form of money and sexual favors. The judiciary 
was slow and inefficient.
    The formal judicial system is headed by a Supreme Court and 
includes the Court of Appeals, lower courts, and a constitutional 
council. The law grants the president the power to replace the head of 
the Supreme Court after a new parliament is convened.

    Trial Procedures.--The law provides for the right to public trial, 
although key evidence sometimes was given secretly. Juries are used 
only in trials at the Court of Assizes, which meets on an ad hoc basis 
to try criminal cases. The Court of Assizes, which had not met since 
2002 due to a lack of funds to pay salaries, resumed operations on 
September 2.
    The Government did not always respect the presumption of innocence. 
Those convicted have the right of appeal, although higher courts rarely 
overturned verdicts. Defendants accused of felonies or capital crimes 
have the right to legal counsel. Other defendants may also seek legal 
counsel, but it is not obligatory. The judicial system provides for 
court appointed attorneys; however, no free legal assistance was 
available, aside from infrequent instances in which members of the bar 
provided pro bono advice to defendants for limited periods.
    Defendants have the right to be present at their trial, but they 
may not present witnesses or evidence on their behalf or question any 
witnesses brought to testify against them. Defendants may not access 
government-held evidence, though their attorneys have the legal right 
to do so. Courts may try defendants in their absence.
    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 superseded these 
traditional mechanisms. The law specifically provides for a grand 
mediator, appointed by the president, to bridge traditional and modern 
methods of dispute resolution. Grand mediators did not operate during 
the year.
    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 was little available information on the judicial system used 
by the FN in the northern and western regions. There were no 
developments in the case of the 2007 executions of Seydou Traore and 
several other persons who were allegedly plotting to overthrow the 
Government with the help of exiled military leader Sergeant Ibrahim 
Coulibaly.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent judiciary in civil matters; however, the 
judiciary was subject to corruption, outside influence, and favoritism 
based on family and ethnic ties. Citizens can bring lawsuits seeking 
damages for, or cessation of, a human rights violation; however, they 
did so infrequently. The judiciary was slow and inefficient, and there 
were problems enforcing domestic court orders.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law provide for these rights; 
however, the Government did not respect these rights in practice, 
although there were fewer reports of violations than in previous years. 
Officials must have warrants to conduct searches, must have the 
prosecutor's agreement to retain any evidence seized in a search, and 
are required to have witnesses to a search, which may take place at any 
time; however, in practice police sometimes used a general search 
warrant without a name or address.
    Security forces 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.
    The FN continued to use confiscated property and vehicles of civil 
servants and those believed to be loyal to President Gbagbo; however, 
the FN vacated some of the property they had confiscated in previous 
years.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, but the Government restricted 
these rights in practice. Following the 2002 rebellion, the Government 
reduced press freedoms in the name of patriotism and national unity. 
Journalists continued to practice self-censorship for fear of 
retribution. Government officials aggressively used the court system to 
punish critics.
    On January 23, President Gbagbo signed a decree nominating new and 
independent boards of directors for the organizations that publish the 
Government's daily newspaper, Fraternite Matin, and control the 
national radio and television network, Radiodiffusion Television 
Ivoirienne. The positions had been vacant since 2006 when President 
Gbagbo dismissed the previous boards of directors and appointed two 
acting directors who were allied to his FPI party.
    Fraternite Matin, which had the greatest circulation of any daily, 
rarely criticized government policy. There were a number of private 
newspapers that frequently criticized government policy, the president, 
and the ruling party. Most newspapers were politicized and sometimes 
resorted to fabricated stories to defame political opponents.
    On January 5, officials charged Antoine Assale Tiemoko, the 
chairman of a small NGO, with defamation for publishing a paper on 
judicial corruption in the country. He was sentenced to one year's 
imprisonment and paid a fine of 600,000 CFA (approximately $1,200). At 
year's end Tiemoko was still in MACA serving his sentence.
    On December 13, police arrested Ebenezer Viwami, editor of Alerte 
Info, an independent news agency based in Abidjan, for allegedly 
publishing false information on a riot at the central prison in Abidjan 
which occurred the same day. Viwami was released without charge on 
December 18.
    Private radio stations did not have complete control over their 
editorial content. National broadcast regulations prohibit the 
transmission of any political commentary. The Government used the 
National Audiovisual Communication Council (CNCA), controlled by the 
ruling party, to closely monitor Radio Nostalgie because the major 
shareholders of the company were close to RDR president Alassane 
Ouattara. The CNCA also banned Radio France International (RFI) from 
operating in the country for three months during the year, stating that 
its broadcasts were biased because RFI lacked an in-country 
correspondent. The CNCA lifted the ban after a permanent RFI 
correspondent arrived in Abidjan in May.
    The Government did not interfere with UNOCI's radio station, ONUCI-
FM. However, like the approximately 121 proximity/community radios in 
Cote d'Ivoire, ONUCI-FM's 19 proximity/community radio partners are 
subject to national regulations, which prohibit the transmission of 
politically related messages.
    The Government and the ruling FPI continued to exercise 
considerable influence over the official media's television program 
content and news coverage. During the year opposition leaders 
frequently complained that the official media did not accord the 
opposition equal television airtime.
    There were no new developments in the 2007 cases of newspaper 
publisher Denis Kah Zion or editor Andre Silver Konan, who both 
remained in prison for ``contempt of the head of state'' at year's end.
    The media played a role in inflaming tensions, and newspapers 
backed by political parties published inflammatory editorials and 
created a climate of hostility toward political opponents. The Ivoirian 
Observatory on Press Freedom and Ethics and the National Press 
Commission, which enforced regulations regarding creation, ownership, 
and freedom of the press, regularly published press releases urging 
journalists to be more moderate.
    Members of the security forces continued to harass and beat 
journalists. Outspoken members of the press, particularly those working 
for opposition party newspapers, continued to suffer physical 
intimidation from groups aligned with the ruling FPI party.
    The Government harassed and imprisoned foreign journalists.
    In January French freelance journalist Jean-Paul Ney was arrested 
on charges of threatening national security after video footage he 
allegedly shot of coup preparations by exiled army sergeant Ibrahim 
Coulibaly surfaced on the Internet. On September 23, Ney allegedly 
attempted suicide while incarcerated. His trial had not begun by year's 
end, and he remained in prison in Abidjan.
    In July members of the president's Republican Guard harassed and 
brutalized RFI correspondent Norbert Navarro to prevent him from 
covering a cabinet meeting at the presidential palace. The prime 
minister's office negotiated with the guards and secured his release.
    No action was taken against progovernment youth groups who 
attacked, threatened, arrested, or harassed journalists in previous 
years. There were no reports during the year that the Young Patriots 
attacked journalists, destroyed issues of independent and opposition 
newspapers, or threatened newspaper vendors.
    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 three months to two years in prison.
    The FN broadcast their own programming into FN-held territory from 
Bouake, which included radio and television 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, 
the FN broadcast on a local radio station from Man. The FN continued to 
allow broadcasts of government television or radio programs in their 
zones. The FN also allowed distribution of all progovernment newspapers 
and most independent newspapers in their territory.
    No action was taken against FN members who beat, harassed, and 
killed journalists in previous years.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chatrooms. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. Citizens had 
access to the Internet at Internet cafes, but home access was 
prohibitively expensive for most persons.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom. The Student Federation of Cote d'Ivoire (FESCI), the 
progovernment militant student group created in the early 1990s, 
generated a climate of fear and intimidation at universities and 
secondary schools and regularly stopped classes, forced students to 
attend meetings, and threatened professors who interfered in their 
activities. The Government controlled most educational facilities, and 
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 had been transferred, or feared that 
they could 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.
    Violent attacks by FESCI against students and teachers continued 
during the year.
    On February 8, the UNOCI Human Rights Office conducted a field 
mission to the Oume region in response to clashes between FESCI and 
students attending the Lycee Scientifique. UNOCI reported that 15 
students suffered head and back injuries as a result of the clashes, 
which occurred on February 6. During its mission, UNOCI documented 
several cases presented by seven human rights clubs indicating that 
FESCI members on schools campuses had threatened and forcibly collected 
money from other students.
    On May 7, Human Rights Watch presented a report entitled The Best 
School: Student Violence, Impunity, and the Crisis in Cote d'Ivoire, 
which documented numerous cases of violence, extortion, racketeering, 
torture, summary execution, and rape committed with total impunity by 
FESCI members.
    On October 13, 12 members of FESCI allegedly attacked and severely 
beat a 34-year-old university professor in Abidjan. Because no action 
was taken against the perpetrators, teachers went on strike to protest 
alleged FESCI abuses for one week beginning October 27.
    No action was taken against FESCI members responsible for violent 
incidents reported in previous years.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law allows for freedom of assembly; however, the 
Government sometimes restricted this right in practice. Groups that 
wished to hold demonstrations or rallies in stadiums or other enclosed 
spaces were required by law to submit a written notice of their intent 
to the Ministry of Security or the Ministry of Interior three 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, but the Government prohibited specific 
events deemed prejudicial to public order. Even if authorization for an 
event was granted, the Government could later revoke it. In 2006 
President Gbagbo renewed a ban on all forms of outdoor public 
demonstrations in Abidjan. The ban had not been lifted at year's end.
    There were no reports that security forces harassed and detained 
RDR members who tried to meet.
    Police forcibly dispersed antigovernment demonstrations, which 
resulted in injuries. On March 31, riot police injured 10 persons 
demonstrating against the rising prices of basic products such as rice 
and cooking oil.
    There were no developments in cases from previous years in which 
police used force to disperse demonstrations.
    Six persons were injured, two of them seriously, and 44 arrested 
when FN soldiers forcibly stopped a demonstration by redeployed civil 
servants in Korhogo who were protesting against the nonpayment of their 
resettlement allowances. The civil servants launched a 96-hour strike 
on October 21.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right; 
however, the law prohibits the formation of political parties along 
ethnic or religious lines, both of which were, however, key factors in 
some parties' membership.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right. 
Although the country's political conflict lay along ethnic rather than 
religious lines, political and religious affiliations tended to follow 
ethnic lines. Consequently, religious affiliation was an important 
marker of political alliance. The targeting of Muslims suspected of 
rebel ties continued to diminish during the year.
    There is no state religion; however, for historical reasons, 
government officials informally have favored Christianity, in 
particular the Catholic Church. Catholic schools receive government 
subsidies, for example.
    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 
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 
many Muslim citizens.
    The law requires religious groups desiring to operate in the 
country to register; however, registration was granted routinely.

    Societal Abuses and Discrimination.--The Jewish community in Cote 
d'Ivoire numbered less than 100 persons. There were no reports of anti-
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf.rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law do not 
provide specifically for freedom of movement, foreign travel, 
emigration, or repatriation, and the Government restricted freedom of 
movement during the year. There were frequent restrictions on internal 
travel. A curfew remained in place, prohibiting citizens from entering 
and leaving Yamoussoukro and Abidjan city limits between midnight and 
5:00 a.m. Security forces, local civilian ``self-defense'' committees, 
and water, forestry, and customs officials frequently erected and 
operated roadblocks on major roads where they regularly extorted money 
from travelers.
    Persons living under FN authority continued to face harassment and 
extortion when trying to travel between towns and to and from the 
Government-controlled south. Security forces also victimized 
northerners when they tried to cross into the zone under government 
control. The cost of either paying one's way through the various 
barricades or hiring a money runner to do so was substantial. 
Government officials reported the roundtrip cost for citizens in the 
north to travel from Bouake and other cities to Yamoussoukro to cash 
paychecks to be between 20,000 to 30,000 CFA ($40-60). A money courier 
or informal banking service cost either 5000 CFA ($10) or a flat 
percentage of the amount transferred.
    By year's end approximately 70 percent of the private banks and 
government financial services had reopened in the north, thus making it 
unnecessary for many workers and retirees to travel to Bouake for 
banking operations. In the west, the situation remained unchanged: 
private banks and government financial services had not yet resumed 
operation.
    The law specifically prohibits forced exile, and no persons were 
exiled forcibly during the year.

    Internally Displaced Persons (IDPs).--There were large numbers of 
IDPs in the country as a result of the 2002 crisis. The most recent IDP 
data from the UN Population Fund estimated the total number of IDPs in 
the country to be 709,000. More than 90 percent of IDPs lived with host 
families, and almost 70 percent were located in Abidjan. However, other 
humanitarian organizations and donors noted that these statistics 
included IDPs who maintained access to their government salaries even 
after their displacement.
    During the crisis progovernment and rebel forces did not generally 
target civilians, but ethnic conflict and fighting forced many persons 
to flee the zones of conflict, and others simply felt uncomfortable 
living on the side of the divided country where they initially found 
themselves. Roadblocks and toll collection points made it difficult for 
civilians to move throughout the country. IDPs continued to place heavy 
burdens on host communities, especially given the prolonged nature of 
the crisis.
    Since the signing of the OPA in March 2007, important strides made 
toward peace promoted spontaneous and assisted returns of IDPs to their 
homes. At year's end the UN Office for the Coordination of Humanitarian 
Affairs estimated that approximately 76,000 IDPs had returned to their 
villages in the west and 45,000 were still living with host families 
and continued to require assistance.
    Government assistance, especially in the north and west where civil 
servants and infrastructure were only partially in place, did not meet 
the needs of these IDPs. International and local NGOs worked to fill 
the gap.
    The Ministry of Foreign Affairs and the Ministry of Solidarity and 
War Victims worked closely with UN agencies on IDP issues to ensure 
that the country's plans for IDP resettlement conformed to UN internal 
displacement guidelines.
    During the year UN agencies and local authorities continued to 
facilitate the small-scale return of IDPs to several locations in the 
west of the country. As of September 4, the International Office for 
Migration estimated that 150 IDPs, mostly of Burkinabe origin, remained 
at the Guiglo Temporary Center for Assistance to Displaced People, 
despite its closure on July 31. The Government had not addressed this 
situation by year's end.
    New population displacements continued on a regular basis in the 
western region, particularly in the area around Guiglo and in the 
former ZOC, although on a much smaller scale than had occurred in 
previous years.

    Protection of Refugees.--The constitution and law provide for the 
granting of asylum or refugee status in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government has established a system for providing protections 
to refugees. The Government is signatory to the 1969 Organization of 
African Unity Convention Governing Specific Aspects of Refugee Problems 
in Africa, and the law provides for asylum status to be granted in 
accordance with this convention.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status and 
asylum. The Government also cooperated with the UN High Commissioner 
for Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and maintained an office charged with aiding refugees and 
stateless persons.
    The Government also provided temporary protection for individuals 
who may not qualify as refugees under the 1951 Convention or the 1967 
protocol.
    Many of the country's refugees are Liberians. Individual security 
officers occasionally did not honor identity documents issued to 
refugees by the Government or by the UNHCR. There were fewer reports 
than in previous years that security forces destroyed refugees' 
identity documents or arbitrarily detained, verbally harassed, and beat 
refugees at checkpoints; however, these abuses occurred.
    Liberians who arrived in the country before the 2003 peace 
agreement in Liberia benefited from group eligibility and received 
temporary refugee cards. Liberians who arrived in the country after the 
peace agreement did not receive temporary cards. Under certain 
circumstances, some asylum seekers who were not granted refugee status 
by the Government were provided refugee certificates by the UNHCR. The 
identity card law includes a provision for identity cards to be issued 
to non-Liberian individuals older than 14 whose refugee status has been 
granted by the National Eligibility Commission.
    The Government began facilitating local integration for refugees in 
protracted situations. The National Office of Identification, together 
with the UNHCR and the Ivoirian Refugee and Stateless Persons Aid and 
Assistance Office, continued to provide refugee identity cards to 
undocumented Liberian refugees, which allowed them to legally reside 
and work in the country for the duration of their refugee status. 
Refugees also had access to naturalization.
    The Government continued to assist the safe, voluntary return of 
refugees to their homes. At year's end UNHCR found that 24,256 Liberian 
refugees and 555 refugees from other countries still remained in the 
country.

    Stateless Persons.--In the absence of reliable data, the scale of 
statelessness in the country was unclear but thought to be in the 
thousands. The country had habitual residents who were either legally 
stateless or de facto stateless, and the Government had not effectively 
implemented laws and policies to provide such persons the opportunity 
to gain nationality on a nondiscriminatory basis.
    Citizenship is derived from one's parents rather than by birth 
within the country's territory, and birth registration was not 
universal.
    During the year the UNHCR continued to work with the ministries of 
justice and interior to raise awareness of statelessness.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide for the right of citizens to 
change their government peacefully through democratic means; however, 
citizens were prevented from exercising this right in practice. 
President Gbagbo and the National Assembly remained in office at year's 
end despite the expiration of their term in 2005.
    During the year implementation of the OPA faltered on several key 
areas, including election preparations. On November 10, the Permanent 
Consultation Framework for the OPA met and confirmed that the 
presidential election scheduled for November 30 would not take place. 
The CEI had not announced a new date for the election at year's end.

    Elections and Political Participation.--The 2000 election in which 
President Laurent Gbagbo came to power followed several postponements 
and a controversial Supreme Court decision disqualifying 14 of the 19 
candidates, including RDR leader Ouattara and former president Bedie, 
president of the PDCI. As a result of the Supreme Court rulings, most 
international election observers declined to monitor the election. 
Preliminary results showed Gbagbo leading by a significant margin. 
However, an interior ministry and National Elections Commission (CNE) 
official announced the CNE's dissolution and declared General Guei the 
victor with 56 percent of the vote. Mass demonstrations by Gbagbo 
supporters erupted, resulting in numerous deaths and injuries. The next 
day, national radio and television reported that General Guei had 
stepped down and that Laurent Gbagbo had assumed the presidency.
    Citizens' ability to elect National Assembly representatives was 
limited.
    The 2000 National Assembly election was marred by violence, 
irregularities, and a very low participation rate. 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.
    Women held 19 of 225 seats in the last elected National Assembly, 
whose mandate expired at the end of 2005. The first vice president of 
the National Assembly was a woman. Women held four of the 33 
ministerial positions in Prime Minister Soro's cabinet. Of the 41 
Supreme Court justices, four were women. Henriette Dagri Diabate served 
as secretary general of the RDR, the party's second ranking position.
    Presidential and parliamentary elections previously scheduled for 
2005 based on UN resolutions were not held due to the lack of political 
reconciliation and progress in the disarmament, demobilization, and 
reintegration program.
    In March 2007, following several failed political accords, 
President Gbagbo and FN rebel leader Guillaume Soro signed the OPA, 
which established a transitional government with Soro as prime minister 
and called for presidential elections in 2008.
    With the signing of the OPA, the country began to take steps toward 
reconciliation. On April 23, 37 political parties signed the Ivoirian 
Political Party Code of Conduct. By year's end nearly 90 percent of the 
civil administration displaced from the north during the conflict had 
redeployed, although many still were limited by the FN in their ability 
to exercise administrative authority, and the Government had completed 
nationwide public identity hearings to issue birth certificates to 
unregistered citizens and noncitizens older than 13.
    On September 15, the Government began the identification process 
for all persons, except citizens of the Economic Community of West 
African States countries, older than 16 living in the country and the 
voter registration process for persons older than 18. The president of 
the Independent Electoral Commission (CEI) stated that the 
identification and voter registration process was to last 45 days.
    Members of FESCI reportedly broke into several registration 
centers, assaulted enrollment agents, and stole equipment. On October 
23, the CEI suspended the registration process for five days.
    Despite these difficulties, more than two million voters were 
registered in Abidjan alone in less than three months.
    Due to technical, logistical, and financial difficulties, the 
process remained ongoing at year's end.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity. Corruption had the greatest impact on 
judicial proceedings, contract awards, customs and tax issues, and 
accountability of the security forces (see also section 1.e.).
    In June the Government arrested 23 cocoa and coffee industry 
officials in connection with the alleged embezzlement of 100 billion 
CFA (approximately $200 million) in state funds. From October 20 to 24, 
the public prosecutor conducted hearings with five ministers in 
connection with the case. The accused officials were being held in MACA 
at year's end, awaiting trial.
    A criminal trial on the 2006 toxic waste spill which killed 16 
persons and poisoned several thousand in Abidjan was held September 29 
to October 22. Twelve persons were charged, but only nine were tried 
since three disappeared after being released on bail. Two persons were 
found guilty: the head of the transportation company that dumped the 
waste throughout Abidjan and the head of the shipping company that 
contracted for the waste to be removed from the port. Under an 
agreement between the Government and the freight company, Probo Koala, 
which was responsible for treating the waste, no senior member of the 
freight company was required to stand trial.
    The Ivoirian government also received a 100-billion-CFA 
(approximately $200 million) settlement, which it distributed to 
victims through the Humanitarian Cell in the Office of the Presidency. 
The cell established a list of 100,000 victims entitled to 
compensation, based on lists provided by hospitals.
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 Ivoirian League for Human Rights (LIDHO) and the Ivoirian 
Movement for Human Rights (MIDH), 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 UNOCI, LIDHO, MIDH, Action for the Defense of Human 
Rights (APDH), and other human rights groups gathered evidence and 
testimony on human rights cases, published information in independent 
local daily newspapers, and criticized government security forces.
    On May 5 and July 16, a group of assailants ransacked LIDHO's 
headquarters, stealing computer equipment containing nearly all of the 
organization's files, documents, and information on cases. Although a 
formal complaint was filed, the police did not conduct an 
investigation. LIDHO filed a complaint with a judge; however, at year's 
end, the case was still pending.
    FESCI continued to threaten and harass human rights groups; 
however, the Government took no action against the student group for 
the destruction of LIDHO and APDH headquarters in May 2007.
    No investigations were conducted into threats and harassment of 
members of human rights organizations in previous years.
    Progovernment militia, unhindered by government security forces, 
blocked UN and French peacekeeping forces from conducting activities in 
government-controlled areas, although there were fewer such reports 
than in the previous year. There were no developments in the 2007 case 
of Young Patriots attacking and vandalizing a UN vehicle or in the 2006 
case of progovernment demonstrators attacking vehicles belonging to 
then-prime minister Banny, a French embassy official, and the UN.
    During the year the Government regularly permitted the World Food 
Program, the ICRC, and other international organizations to conduct 
humanitarian operations. Eleven UN agencies, including the 
International Labor Organization (ILO) and the World Health 
Organization, were resident and active throughout the year. There were 
no reports that the Government restricted their access to certain areas 
deemed sensitive or denigrated their work.
    On May 25-27, the deputy UN high commissioner for human rights 
visited the country and highlighted progress on respect for human 
rights.
    After seven years of attempts to get a functional and independent 
human rights commission off the ground, the country launched its 
National Commission for Human Rights in July. The commission is made up 
of 44 members, 10 of whom are from political parties that were 
signatories to the 2003 Linas-Marcoussis Agreement. The commission 
received a small budget and had few resources.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, ethnicity, national 
origin, sex, or religion; however, the Government did not effectively 
enforce the law.

    Women.--The law prohibits rape and provides for prison terms of 
five to 10 years; however, the Government did not enforce this law in 
practice. Claims were most frequently brought against child rapists. A 
life sentence can be imposed in cases of gang rape if the rapists are 
related to or hold positions of authority over the victim or if the 
victim is under 15 years of age. The law does not specifically penalize 
spousal rape. Rape was a problem. Since January 2007, for example, the 
Court of Abidjan has received an average of 16 cases of child rape per 
month.
    Women's advocacy groups continued to protest the indifference of 
authorities to female victims of violence. Women who reported rape or 
domestic violence to the police were often ignored. Many female victims 
were convinced by their relatives and police to seek an amicable 
resolution with the rapist rather than pursue a legal case. The 
Ministry of Family and Social Affairs sought justice on behalf of rape 
victims, but as of September 30, only nine persons had officially been 
convicted and sentenced for rape. Twenty-one additional persons accused 
of rape were sentenced for ``immoral offense.''
    There were increased reports of unidentified highway bandits raping 
and sexually assaulting women in the western part of the country, 
especially along the Duekoue-Bangola road.
    On August 28, three unidentified individuals armed with 
Kalashnikovs raped a woman in the Zohode encampment in Binao village.
    On September 18, four assailants armed with AK-47 machine guns 
broke into the home of a trader in Duekoue, shot him in the arm, and 
raped his two daughters.
    The law does not specifically outlaw domestic violence, which 
continued to be a serious problem throughout the country. However, 
penalties for assault provided for prison terms of one to 20 years, 
depending on the extent of the offense. Government enforcement of 
domestic violence complaints remained minimal, however, partially 
because the courts and police viewed domestic violence as a problem to 
be addressed within the family. The exception was if serious bodily 
harm was inflicted or the victim lodged a complaint, in which case 
criminal proceedings could be initiated. Many victims' own parents 
often urged withdrawal of a complaint because of the effect of social 
stigma on the family. As of September, the National Committee to Fight 
Violence Against Women and Children (CNLV) had handled 19 cases of 
battered wives and 10 cases of forced and early marriage during the 
year.
    During the year the Ministry of Family and Social Affairs continued 
to provide limited assistance to victims of domestic violence and rape. 
The ministry's support included providing government-operated 
counseling centers with computers, printers, and other equipment for 
record-keeping and visiting a few victims in their homes to attempt to 
reconcile troubled couples and to remove domestic servants from homes 
in which they had been sexually abused.
    The CNLV did not operate a shelter or a hotline for abused women. 
Instead, committee members gave out their own cell phone numbers on 
weekly radio programs. The committee also monitored abusive situations 
through frequent home visits. Young girls who feared becoming victims 
of abuse, FGM, or forced marriage could appeal to the committee. The 
committee often stopped abuse by threatening legal action against 
offending parents or husbands.
    In May, June, and July, the Government held awareness-raising 
seminars on sexual violence for more than 1,000 judges and security 
personnel. In August the Government conducted similar seminars for 
traditional kings, chiefs, and religious leaders. As a result of the 
seminars, some security forces reportedly modified their behavior to 
provide victims with greater privacy, and courts began recording the 
testimony of rape victims who are minors in private. Judges also 
increased the provision of statistics and information on cases to 
enable the CNLV to follow up with victims.
    Other cases of societal violence against women included FGM, dowry 
deaths, levirat (forcing a widow to marry her dead husband's brother), 
and sororat (forcing a woman to marry her dead sister's husband).
    Prostitution is legal between consenting adults in private, and the 
practice was reported to be increasing due to worsening economic 
conditions. Soliciting and pandering are illegal. There were credible 
reports that police demanded bribes or sexual favors for allowing 
prostitution.
    The law prohibits sexual harassment; however, the Government rarely 
enforced the law and such harassment was widespread and routinely 
accepted as a cultural norm. The penalties for sexual harassment are 
between one and three years' imprisonment and a fine ranging between 
360,000 and one million CFA (approximately $720-2,000). During the year 
the Government initiated one case against a prospective employer who 
sexually harassed a runner-up in the 2008 Miss Cote d'Ivoire pageant. 
He was tried and sentenced to one month in prison.
    The law prohibits discrimination on the basis of gender; however, 
women experienced economic discrimination in access to employment, 
credit, and owning or managing businesses. Women occupied a subordinate 
role in society. Government policy encouraged full participation by 
women in social and economic life; however, there was considerable 
resistance among employers in the formal sector to hiring women, who 
were considered less dependable because of their potential for becoming 
pregnant. 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.
    NGOs supervised efforts to create economic cooperatives to provide 
poor women access to small loans from the Government or private 
microfinance banks. Women in the formal sector usually were paid at the 
same rate as men; however, because the tax code did not recognize women 
as heads of households, female workers were required to pay income tax 
at a higher rate than their male counterparts. Women's organizations 
continued to campaign for tax reform to enable single mothers whose 
children have been recognized by their fathers to receive deductions 
for their children. Inheritance law also discriminated against women.
    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 against legal 
provisions that discriminated against women. The Coalition of Women 
Leaders and the Ministry of Family and Social Affairs continued their 
efforts to promote greater participation of women in political 
decision-making and in presenting themselves as candidates in 
legislative and municipal elections.

    Children.--The ministries of public health, public administration, 
and social security sought to safeguard the welfare of children, and 
the Government also encouraged the formation of NGOs to promote 
children's interests.
    The law provides parents a three-month period to register their 
child's birth for a fee of approximately 500 CFA (approximately $1.00). 
The Government registered all births, as long as parents submitted 
documentation from a health clinic or hospital attesting that a birth 
had occurred. People without proper identification documents, however, 
could not register births, as identification is required to do so.
    Primary education was not compulsory and usually ended when 
children reached 13 years of age; however, it was tuition-free. In 
principle students did not have to pay for books or fees; however, some 
still did so or rented books from street stalls because the Government 
did not cover school fees and books for every student. Students who 
failed secondary school entrance exams did not qualify for free 
secondary education, and many families could not afford to pay for 
schooling.
    Parental preference for educating boys rather than girls persisted, 
particularly in rural areas. According to a study published by the 
National Institute for Statistics in March 2007, the national schooling 
rate for primary school children in 2006 was 55 percent, with a 59 
percent attendance rate for boys and a 51 percent rate for girls.
    Teachers sometimes demanded sexual favors from students in exchange 
for money. The penalty for statutory rape or attempted rape of a child 
under the age of 16 was a prison sentence of one to three years and a 
fine of 100,000 to one million CFA (approximately $200 to $2,000), but 
there were no arrests or convictions under this law during the year.
    FGM was a serious problem. The law specifically forbids FGM and 
provides penalties for practitioners of up to five years' imprisonment 
and fines of approximately 360,000 to two million CFA (approximately 
$720 to $4,000). Double penalties apply to medical practitioners. An 
estimated 60 percent of women had been subjected to the procedure. FGM 
was practiced most frequently among rural populations in the north and 
west and to a lesser extent in the center and south. FGM usually was 
performed on girls before or at puberty as a rite of passage. Local 
NGOs, such as the Djigui Foundation, Animation Rurale de Korhogo, and 
the National Organization for Child, Woman, and Family, continued 
public awareness programs to prevent FGM and worked to persuade FGM 
practitioners to stop the practice. No arrests related to FGM were made 
during the year.
    There were no developments in the 2006 case in which the FN 
arrested and later released without charge a mother and the FGM 
``cutters'' who had mutilated, or partially removed, the genitalia of 
the woman's three-year-old daughter, who later required medical 
attention.
    The law prohibits the marriage of men under the age of 20, women 
under the age of 18, and persons under the age of 21 without the 
consent of their parents. However, in conservative communities-
particularly those in the north-traditional marriages were commonly 
performed with girls as young as 14. The law specifically penalizes 
anyone who forces a minor under 18 years of age to enter a religious or 
customary matrimonial union.
    Children engaged in prostitution for survival without third-party 
involvement. No nationwide study has been conducted on the phenomenon, 
and the extent of the problem was unknown.
    There were no reports during the year that progovernment militias 
or rebel forces recruited and used children as soldiers on either a 
voluntary or a forced basis. In December 2007 the UN secretary-
general's special representative on children in armed conflict removed 
the names of four progovernment militias and the FN from the annexes of 
the secretary-general's report on children in armed conflict.
    There were many thousands of children living on the streets, 
including approximately 5,000 in Abidjan. NGOs dedicated to helping 
street children found it difficult to estimate the extent of the 
problem and whether or not these children had access to government 
services.

    Trafficking in Persons.--The constitution and law do not prohibit 
trafficking in persons, and, despite government antitrafficking 
efforts, trafficking in persons remained a problem.
    The country was a source and destination country for trafficking in 
women and children. Women and children were trafficked from Nigeria, 
Niger, Mali, Burkina Faso, Ghana, Togo, Benin, Guinea-Bissau, and 
Mauritania for the purposes of sexual exploitation and forced 
commercial, agricultural, and domestic servitude. Women and children 
were also trafficked from the country to other African, European, and 
Middle Eastern countries for sexual exploitation and agricultural and 
domestic labor. The full extent and nature of trafficking in persons in 
the country was unknown despite efforts to document the problem. There 
was no reliable estimate on the number of children intercepted or 
repatriated during the year.
    The informal labor sectors were not regulated under existing labor 
laws; as a result, domestics, most nonindustrial farm laborers, and 
those who worked in the country's broad range of street shops and 
restaurants remained outside formal government protection. Internal 
trafficking of girls ages nine to 15 to work as household domestics in 
Abidjan and elsewhere in the more prosperous south remained a problem. 
Traffickers of local children often were relatives or friends of the 
victim's parents. Traffickers sometimes promised parents that the 
children would learn a trade, but they often ended up on the streets as 
vendors or working as domestic servants.
    Due to the economic crisis, many parents allowed their children to 
be exploited to minimize the financial burden on the family. Because 
security forces were trained to search buses for trafficked children, 
traffickers continued to adapt their methods, such as by relocating a 
small number of children at a time by bicycle or train or on foot 
rather than moving large groups of children into the country by bus.
    Organized trafficking rings promised Nigerian women and girls that 
they would have jobs in restaurants and beauty salons in Abidjan; 
however, many of these victims were forced to work in brothels.
    Children were trafficked into the country from neighboring 
countries to work in the informal sector in exchange for finder's fees. 
They were also trafficked to or within the country to work full- or 
part time in the cocoa sector.
    Traffickers can be prosecuted under laws prohibiting kidnapping, 
forced labor, and mistreatment; however, there was minimal law 
enforcement in government-held territories, and traffickers rarely were 
prosecuted.
    The Government cooperated with international investigations of 
trafficking.
    The National Committee for the Fight Against Trafficking and Child 
Exploitation was created in 2006 to coordinate the Government's 
implementation of the multilateral cooperative agreement signed in 2005 
by 10 West African countries. The committee included representatives 
from numerous government ministries and representatives from several 
national and international organizations and NGOs, including the UN 
Children's Fund, the ILO, Save the Children, the International Cocoa 
Foundation, the German Cooperation Agency, the Network of African Women 
Ministers and Parliamentarians-Cote d'Ivoire, and the International 
Catholic Child Bureau. The national committee met at least three times 
during the year, and the Government continued to establish village 
level watch committees as part of the child trafficking monitoring 
system component of the 2005 agreement.

    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. The law also 
prohibits acts of violence against persons with disabilities and the 
abandonment of such persons; however, there were no reports that the 
Government enforced these laws during the year.
    No arrests were made in the September 2007 case of several members 
of the National Federation of the Handicapped of Cote d'Ivoire who were 
beaten for protesting the Government's failure to recruit more persons 
with disabilities in the civil service.
    There were no reports during the year that adults with disabilities 
were specific targets of abuse, but they encountered serious 
discrimination in employment and education. During the year the 
Government recruited 300 persons with disabilities for civil service 
jobs and announced that it would continue to recruit 100 disabled 
persons every year thereafter. The Government financially 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 for lack of other economic 
opportunities. Persons with mental disabilities often lived on the 
street.
    The Ministry of Family and Social Affairs and the Federation of the 
Handicapped were responsible for protecting the rights of persons with 
disabilities.

    National/Racial/Ethnic Minorities.--The country's population was 
ethnically diverse, and ethnic groups sometimes practiced societal 
discrimination against others on the basis of ethnicity. At least one-
quarter of the population was foreign. Outdated or inadequate land 
ownership laws resulted in conflicts with ethnic and xenophobic 
overtones. There were reported clashes, usually over land tenure, 
between the native Guere populations and other groups.
    Police routinely abused and harassed noncitizen Africans residing 
in the country. Harassment by officials reflected the common belief 
that foreigners were responsible for high crime rates and instances of 
identity card fraud. Harassment of northerners, which increased 
markedly after the 2002 rebellion, continued to decline from the 
previous year.
    Resident French and Burkinabe nationals continued to minimize their 
public exposure to protect themselves from harassment by security 
forces at checkpoints. There were no reports of harassment of French 
citizens. There were reports during the year that some harassment 
shifted to Lebanese merchants.
    Ethnic tensions in the west and southwest continued to lead to 
violence. In the west, and in Duekoue and Bangolo in particular, there 
continued to be violent clashes between the native We population and 
members of the foreign community, particularly Burkinabe farmers.
    Several incidents of ethnic violence resulted in deaths.
    On September 2, a land dispute between villagers from Abouabou and 
Gonzagueville turned violent, leaving seven dead and eight others with 
serious injuries, including one victim whose hand was hacked off with a 
machete. Abidjan police arrested three persons in relation to the 
incident.
    On September 3 and 5, eight persons were killed, 21 wounded, and 
400 displaced in two violent confrontations between the Lobi and 
Koulangou communities in the eastern part of the country. A group of 60 
Lobi attacked the Koulangou with machetes, 12-caliber rifles, and 
knives, and then burned down their homes in retaliation for the death 
of a Lobi. No arrests were made. Village leaders from the two 
communities settled the dispute at a reconciliation meeting on 
September 13, in which the Lobis made a symbolic donation of 70,000 CFA 
(approximately $140) and food items to the Koulangous.
    There were no developments in the January 2007 killing of 
businessman Sangare Adama.
    On July 31, the Government adopted a new law on xenophobia, racism, 
and tribalism, making these forms of intolerance punishable by 
imprisonment.

    Other Societal Abuses and Discrimination.--The law did not provide 
for the protection of homosexuals from societal and other forms of 
discrimination. Societal stigmatization of homosexuals was widespread, 
and the Government did not act to counter it during the year.
    The law did not provide for the protection of persons living with 
HIV/AIDS from societal and other forms of discrimination. Societal 
stigmatization of persons living with HIV/AIDS was widespread. The 
Ministry of Health provided nationwide access to free HIV testing and 
antiretroviral treatment, and the Ministry of Education incorporated 
lesson plans and classroom activities to reduce social stigma and 
vulnerability into the curriculum for all students, including students 
in the former FN-held zones.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all citizens, except 
members of the police and military services, to form or join unions of 
their choice without excessive requirements, and workers exercised 
these rights in practice.
    Only a small percentage of the workforce was organized, and most 
laborers worked in the informal sector, which included small farms, 
small roadside and street-side shops, and urban workshops. However, 
large industrial farms and some trades were organized, and there was an 
agricultural workers union. Of the 15 percent of workers in the formal 
sector, approximately 60 percent were unionized.
    The law allows unions in the formal sector, which comprised 
approximately 1.5 million workers or 15 percent of the workforce, to 
conduct their activities without interference, and the Government 
protected this right in practice.
    The law provides for the right to strike, and workers generally 
exercised this right. However, the law requires a protracted series of 
negotiations and a six-day notification period before a strike may take 
place, making legal strikes difficult to organize and maintain.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining and 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. The law 
does not prohibit antiunion discrimination by employers or others 
against union members or organizers. The Ministry of Labor did not 
report any complaints of antiunion discrimination and employer 
interference in union functions during the year. There were also no 
reports of workers fired for union activities who were not reinstated. 
Under the labor law, workers could not be fired for union activities, 
and this law was enforced.
    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 Government 
made efforts to enforce the law during the year. However, such 
practices occurred.
    Instances of forced labor occurred in the informal labor sectors 
which were not regulated under existing labor laws. Thus, domestics, 
most nonindustrial farm laborers, and those who worked in street shops 
and restaurants remained outside formal government protection. Forced 
adult labor occurred in small-scale and commercial production of 
agricultural products. There were reports of forced adult labor 
practices in rubber production, primarily in the form of long hours and 
low-paid work for workers who lived in conditions of de facto 
indenture.
    Forced child labor occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against forced labor and the exploitation of children 
in the workplace; however, child labor remained a problem. In most 
instances the legal minimum working age is 14; however, the Ministry of 
Civil Service, Employment, and Administrative Reform enforced this 
provision effectively only in the civil service and in large 
multinational companies. The law limits the hours worked by young 
workers, defined as those younger than 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 as young as nine began work as domestics, often within their 
extended family networks. There were reliable reports of children 
laboring in sweatshop conditions in small workshops.
    Children continued to work under hazardous conditions on cocoa 
farms. The national survey published during the year revealed that 89 
percent of children in the test areas within the cocoa-growing regions 
were involved in cocoa production. The survey showed that a number of 
these children were involved or exposed to hazardous conditions, 
including cutting trees (5.5 percent), burning fields (16.2 percent), 
carrying heavy loads (53.2 percent), applying fertilizer (8.4 percent), 
applying pesticides (4.6 percent), and the chemical treatment of 
fields/plants (11.5 percent). While a small percentage of the children 
working on cocoa farms had no family ties to the farmers, most worked 
on family farms or with their parents.
    There were no reports during the year that either government 
militias or the FN recruited new child soldiers. All Ivoirian groups 
were taken off the UN secretary-general's global list of child 
recruiters, according to the 2007 annual UN report on children and 
armed conflict issued during the year.
    The Ministry of Labor is responsible for enforcing child labor laws 
and made progress during the year to address the worst forms of child 
labor. While enforcement of child labor laws continued to be hindered 
by financial constraints and other factors, there were indications that 
government efforts, along with those of its international partners, had 
a positive effect towards decreasing the worst forms of child labor.
    The Ministry of Labor and the prime minister's Child Labor Task 
Force supported and collaborated with NGOs and international partners 
to combat the worst forms of child labor. The task force continued to 
implement a national action plan to combat child labor and trafficking. 
Nine government ministries were involved in the effort. The Ministry of 
Family and Social Affairs conducted awareness campaigns targeting 
children at risk and agricultural regions that employ child labor, 
working in coordination with several international NGOs.
    During the year NGOs conducted ongoing campaigns to sensitize farm 
families about child labor based on the list developed by the 
Government of prohibited worst forms of child labor. The Association of 
Domestic Worker Placement in Cote d'Ivoire worked to prevent the 
exploitation of children in domestic work. Other NGOs campaigned 
against child trafficking, child labor, and the sexual abuse of 
children.

    e. Acceptable Conditions of Work.--Minimum wages varied according 
to occupation, with the lowest set at approximately 36,607 CFA ($73.21) 
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 among classes of workers, such as local 
and foreign workers. For example, in 2006 the sanitary services company 
Ash International, which went out of business during the year, paid 
wages as low as 12,000 CFA ($24) per month to female employees who 
swept the streets of Abidjan. According to their labor federation, 
labor inspectors ignored this violation of the law.
    No government action was taken to rectify the large salary 
discrepancies between expatriate, non-African employees and their 
African colleagues who were employed by the same company.
    The standard legal workweek was 40 hours. The law requires overtime 
pay for additional hours and provides for at least one 24-hour rest 
period per week. The law did not prohibit compulsory overtime. The 
Government did not actively enforce the law.
    The law provides for occupational safety and health standards in 
the formal sector; however, in the large informal sector of the 
economy, the Government enforced occupational health and safety 
regulations erratically, if at all. Labor inspectors frequently 
accepted bribes. Workers in the formal sector have the right to remove 
themselves from dangerous work without jeopardy to continued employment 
by utilizing the Ministry of Labor's inspection system to document 
dangerous working conditions. However, workers in both the formal and 
informal sectors 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 were 
not enforced. Neither foreign migrant workers nor Ivoirian workers 
working in the informal labor sector are covered under current labor 
laws.

                               __________

                                DJIBOUTI

    Djibouti is a republic with a strong elected president and a weak 
legislature. It has an estimated population of 660,000. In February 
legislative elections, President Ismail Omar Guelleh's five-party 
coalition won all 65 National Assembly seats. A three-party opposition 
coalition boycotted the race, which international observers from the 
African Union and the Arab League considered generally free and fair. 
In June Eritrean troops exchanged fire with Djiboutian troops at Ras 
Doumeira peninsula, along the Djibouti-Eritrea border, and near the 
strategic Bab-al-Mandeb Strait between the Gulf of Aden and the Red 
Sea. At year's end Eritrean troops continued to occupy the country's 
territory, despite condemnations by the United Nations, the Arab 
League, and the African Union (AU). Civilian authorities generally 
maintained effective control of the security forces.
    The Government's human rights record remained poor, although there 
were improvements. Serious problems included difficult but improving 
prison conditions; corruption; official impunity; arbitrary arrest and 
detention; prolonged pretrial detention; interference with privacy 
rights; restrictions on freedom of the press, assembly, and 
association; and restrictions on unions. Female genital mutilation 
(FGM) remained a serious problem, although nongovernmental organization 
(NGO) and government efforts led by the first lady began to have an 
effect, especially in Djibouti City.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and the law prohibit such practices; 
however, there continued to be occasional unspecific and unconfirmed 
allegations that police and gendarmes beat detainees.

    Prison and Detention Center Conditions.--Prison conditions 
continued to improve, and prison authorities reported increased budget 
support. At Gabode Prison, prisoners had adequate access to water and 
sanitary facilities, although hygiene in prison kitchen facilities 
remained rudimentary. A full-time nurse and a doctor who visited twice 
a week provided medical care, although there were reportedly occasional 
staffing gaps in assigning a prison doctor. Sick prisoners were held 
separately, and prisoners with communicable diseases were segregated 
from prisoners with other health problems. Adequate medication was 
provided.
    In September the Ministry of Justice began training a new 
specialized prison guard force to replace the existing National Police 
Force guards. Applicants for the new guard force were required to have 
at least a high school degree.
    Men and women were held separately. Juveniles were held separately 
from adult prisoners, and small children were allowed to stay with 
their mothers. Convicted prisoners were held separately from those 
awaiting trial.
    At Nagad detention center, where foreigners were held prior to 
deportation, detainees had access to water, food, and medical 
treatment. Most detainees were deported within 24 hours of arrest.
    The Government granted prison access to the International Committee 
of the Red Cross (ICRC) for annual inspections, and prison officials 
reported that inspections occurred up to three times a year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government did not uniformly respect 
these prohibitions.

    Role of the Police and Security Apparatus.--Security forces include 
the National Police Force (FNP) under the Ministry of Interior, the 
army, the National Gendarmerie under the Ministry of Defense, and an 
elite Republican Guard that protects the president. The FNP is 
responsible for internal security and border control. The National 
Gendarmerie is responsible for external security but also has some 
domestic responsibilities.
    Police were generally effective; however, there were isolated 
reports of corruption, particularly in the lower ranks where wages were 
low. Official impunity was a problem.

    Arrest and Detention.--The law requires arrest warrants and 
stipulates that the Government may not detain a person beyond 48 hours 
without an examining magistrate's formal charge; however, the law was 
not always enforced in practice. 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 eight months of arraignment. The law also provides 
for bail and expeditious trial; however, police occasionally 
disregarded these procedures. Detainees have the right to prompt access 
to an attorney of their choice; in criminal cases the state provides 
attorneys for detainees without legal representation. The law provides 
that detainees be promptly notified of the charges against them, 
although in practice there were occasional delays. Detainees generally 
were allowed access to family members. Lengthy pretrial detentions due 
to inefficiencies and staff shortages within the judicial system were a 
problem; however, no statistics were available.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, in practice the judiciary was 
not always independent of the executive. Constitutional provisions for 
a fair trial were not universally respected. The judiciary was subject 
to inefficiency and corruption. In March 2007 a government audit of the 
judiciary resulted in the dismissal of two magistrates for corruption.
    The judiciary is based on the French Napoleonic Code and is 
composed of a lower court, an Appeals Court, and a Supreme Court. The 
Supreme Court may overrule lower court decisions. 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.
    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 is dealt with in the regular courts in 
accordance with French-inspired law and judicial practice. Civil 
actions may be brought in regular or traditional courts. The Family 
Code governs the majority of cases pertaining to family and personal 
matters, including marriage, divorce, child custody, and inheritance. 
Issues that fall under the Family Code are brought to civil court.

    Trial Procedures.--Trials generally were public. Legal counsel was 
supposed to be available to the indigent in criminal and civil matters, 
but defendants often did not have legal representation. The law states 
the accused is innocent until proven guilty. A presiding judge and two 
accompanying judges hear court cases. The latter receives assistance 
from two lay assessors who are not members of the bench but who are 
considered to possess sufficient legal knowledge to comprehend court 
proceedings. The Government chose lay assessors from the public. 
Defendants have the right to be present, confront witnesses, have 
access to government-held evidence, and have a right of appeal.
    Traditional law often applied in conflict resolution and victim 
compensation. For example, traditional law often stipulated that a 
price be paid to the victim's clan for crimes such as murder and rape.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--A civil court deals with 
all matters related to the Civil Code. Citizens have access to the 
courts in cases of civil rights violations. There is arbitration of 
civil disputes if the parties agree. In rural areas traditional courts 
resolve many civil disputes. There is an administrative law chamber 
which mediates disputes between citizens and government authorities. 
Court decisions were not always enforced.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and the law prohibit such actions; 
however, the Government did not respect these prohibitions in practice. 
The law requires that authorities obtain a warrant before conducting 
searches on private property, but the Government did not always respect 
the law in practice. According to government opponents, the Government 
monitored their communications and sometimes cut telephone or 
electricity service.
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 
did not respect these rights in practice. There were few media outlets, 
and as a result of the application of media and slander laws, 
journalists practiced self-censorship. A May 2007 law sets out the 
rights and obligations of journalists and protects the right to 
organize and strike. Partly in reaction to the law, journalists founded 
the Associative Movement of Djiboutian Journalists in April. The East 
African Journalists Association (EAJA), a group dedicated to fostering 
press freedom, protecting journalists' safety, and promoting regional 
conflict resolution, had its headquarters within the country. In July 
and August EAJA held a series of capacity building workshops for local 
journalists, focusing on organization and planning for journalists' 
associations.
    The law prohibits dissemination of false information and regulates 
the publication of newspapers. The Government owns the principal 
newspaper, La Nation, which is published four times a week. Each 
registered political party is permitted to publish a public journal or 
newspaper. Opposition political groups and civil society activists 
occasionally circulated materials critical of the Government, but there 
was no regular opposition newspaper.
    The Government also owned the radio and television stations. The 
official media generally did not criticize government leaders and 
government policy. Radio-Television Djibouti (RTD), the official 
government station, broadcast 24 hours a day in four languages on the 
radio. Foreign media also broadcast throughout the country, and cable 
news and other programming were available.
    In March RTD sought to terminate the employment contract of RTD and 
BBC Somali service correspondent Kaltoum Ali, who had previously been 
suspended for three months in 2006 for broadcasting a report that the 
ministry of health falsely claimed a case of avian flu to obtain 
foreign aid. Ali protested her termination, and RTD invited her to 
resume her position in October.

    Internet Freedom.--There were few government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, the Government reportedly continued to block the Web site of 
the Association for Respect of Human Rights in Djibouti (ARDHD), an 
association that was often critical of the Government. ARDHD claimed 
access to its Web site was blocked by the local Internet provider, 
although those with satellite connections were able to enter the site.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events, and teachers could 
speak and conduct research without restriction provided that they did 
not violate sedition laws.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Although the constitution and the law provide for freedom of 
assembly, the Government limited this right in practice. The Ministry 
of Interior requires permits for peaceful assembly. Prior to the 
February legislative elections, the Government denied the three-party 
opposition coalition, which was boycotting the elections, permission to 
hold two protest meetings, citing a law that limits political party 
gatherings during campaign periods to those parties contesting the 
elections.
    Police dispersed several demonstrations during the year, including 
protests against high food prices.

    Freedom of Association.--The law provides for freedom of 
association provided that certain legal requirements are met; however, 
the Government restricted this right in practice, particularly for 
labor unions.

    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. The Government 
did not sanction those who ignored Islamic teachings or practiced other 
faiths. More than 99 percent of the population is Sunni Muslim.
    There is no legal prohibition against proselytizing, and the 
Government did not discourage it; however, cultural norms effectively 
discouraged public proselytizing.

    Societal Abuses and Discrimination.--There was no known Jewish 
community, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and the law provide 
for freedom of movement within the country, foreign travel, emigration, 
and repatriation, and the Government generally respected these rights 
in practice.
    The law prohibits forced exile, and the Government did not use it.

    Internally Displaced Persons (IDPs).--On June 10, an ongoing border 
dispute with Eritrea became hostile and is believed to have displaced 
at least 207 families living in the north of Djibouti near the border.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees under the National Eligibility Commission, first formed in 
1978. In July the Government reactivated the National Eligibility 
Commission and began interviewing urban refugees who had been in 
country for several years. The country is also a party to the 1969 AU 
Refugee Convention.
    The Government did not routinely grant refugee or asylum status, 
and the Government did not accept refugees for resettlement during the 
year. In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. During the year the Government also 
provided temporary protection to a limited number of individuals who 
may not qualify for refugee status under the 1951 Convention or the 
1967 protocol.
    Cooperation between the Government and the Office of the UN High 
Commissioner for Refugees (UNHCR) continued to improve in providing 
assistance to refugees and asylum seekers and in organizing the 
repatriation of refugees from Ethiopia, Eritrea, and Somalia. However, 
organizational difficulties and resource constraints prevented both 
entities from providing quality service to refugees, including the 
prompt processing of refugee claims. While the Government grants prima 
facie status to refugees from southern Somalia, all other 
nationalities, including Eritreans, must register with the National 
Assistance Office for Refugees and Disaster Stricken People (ONARS).
    Refugees reported that while they could not obtain work permits, 
many, especially women, worked to obtain income. With the lack of work 
permits, however, they were unable to challenge poor working conditions 
or ensure fair payment for services rendered. There were reports that 
refugees were subject to arbitrary arrest and detention. To address 
this problem, the Government and UNHCR held a workshop in October to 
educate 28 immigration and border control officers on refugee rights 
and the proper procedures for dealing with refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and the law provide citizens the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based on universal 
suffrage. A multiparty system exists, and citizens are free to align 
themselves with the party of their choice.

    Elections and Political Participation.--In February President 
Ismail Omar Guelleh's five-party coalition, the ``Union for a 
Presidential Majority'' (UMP), won all 65 seats in the winner-take-all 
national assembly contest. The UMP includes former opposition parties 
and leaders. International observers from the African Union and the 
Arab League considered the election generally free and fair.
    A three-party opposition coalition, the ``Union for Democratic 
Alternance'' (UAD), boycotted the election after a list of demands 
regarding the electoral process was not met. On July 9, the Government 
banned the opposition political party Movement for Democratic Revival 
(MRD), a member of UAD, alleging that one of its leaders had invited 
Eritrea to invade.
    During the year, in an effort to empower local elected officials, 
the Ministry of Interior transferred authority for issuing civil 
documents such as birth certificates to regional authorities, elected 
in the country's first regional elections in 2006. While opposition 
parties boycotted the 2006 elections, independent candidates took part 
and won in Djibouti City and in several regions.
    February's legislative elections brought two more women into the 
National Assembly, raising the total number of female parliamentarians 
in the 65-seat body to nine. There were two women in cabinet posts and 
the president of the Supreme Court was a woman.
    The 65-seat legislature included members of all clans, including 
approximately 45 percent Issas, 40 percent Afars, and 15 percent 
representatives of smaller minority groups. Elected as a single list, 
the legislature's composition reflected the governing coalition's 
intent to ensure balance. However, the president's own subclan, the 
Issa Mamassan, was represented disproportionately. The 21-member 
cabinet was similarly balanced; there were seven Afars, including the 
prime minister, the defense minister, and the foreign minister. 
However, some Afars continued to claim that they were not as well 
represented at lower levels. There were three representatives from 
Somali clans other than the Issa clan in the cabinet, and one of Yemeni 
origin.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, despite increased efforts, 
the Government did not implement such laws effectively, and officials 
sometimes engaged in corrupt practices with impunity. According to the 
World Bank's Worldwide Governance Indicators, government corruption was 
a serious problem.
    The Government continued to take steps to combat corruption. In 
June 2007 two magistrates were dismissed for corruption following 
investigations by the Government's accounting office. In 2006 the head 
of the Office of Social Security was charged with corruption, detained 
in prison, and dismissed.
    Privatization of port, airport, and customs operations continued to 
result in substantially increased transparency and rising government 
revenues in the most important sectors of the economy. The Chamber of 
Public Accounts and Fiscal Discipline and the State Inspectorate 
General conducted public expenditure audits in an effort to fight 
corruption and promote transparency. Public officials were not subject 
to financial disclosure laws. The State Inspectorate General and the 
Chamber of Public Accounts and Fiscal Discipline were agencies 
responsible for combating corruption.
    There were no laws providing for public access to government 
information, although legislative texts were publicly available through 
the online official journal, and citizens could address requests for 
information or mediation to the Ombudsman's Office.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic human rights groups generally operated without 
government restriction, conducting limited investigations and sometimes 
publishing findings on human rights cases. Government officials 
generally disregarded their views.
    Jean-Paul Abdi Noel, the leader of the local human rights group 
Djiboutian League for Human Rights'(LDDH) was tried for libel in 2007 
after writing reports on the alleged rape of a young girl by a member 
of the Republican Guard, and on what he called a mass grave for victims 
of extrajudicial killings during the 1992-2000 civil war. He was fined 
and imprisoned but released after one month due to poor health. In 
December 2007 Abdi Noel accused the Government of arresting him 
arbitrarily and holding him for questioning for over 12 hours after he 
distributed a LDDH press release critical of the Government. Abdi Noel 
appealed his 2007 sentence, and was awaiting a Supreme Court hearing at 
year's end.
    The ICRC maintained a small office staffed with locally hired 
personnel. The ICRC regional representative based in Nairobi visited 
the country monthly.
    In April the Government established a Human Rights Commission whose 
members included technical experts, representatives of civil society, 
labor, religious groups, the legal community, the Ombudsman's Office, 
and the National Assembly.
    There was a government ombudsman who also served as a legislator in 
the parliament and whose specific responsibilities included mediation 
between the Government and NGOs.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the law prohibit discrimination on the basis 
of language, race, or gender; however, government enforcement of such 
laws was ineffective. The Government took steps during the year to 
increase protection of women, including ongoing campaigns against FGM, 
but societal discrimination against women and ethnic minorities 
persisted.

    Women.--The law includes sentences of up to 20 years for rapists. 
The number of rape cases reported or prosecuted during the year was 
unknown. There is no law against spousal rape. Domestic violence 
against women existed, but few cases were reported. The law prohibits 
``torture and barbaric acts'' against a spouse. Violations are 
punishable by 20 years' imprisonment. Violence against women generally 
was addressed within the family or clan structure rather than in the 
courts. Police rarely intervened in domestic violence incidents, and 
the media reported only the most extreme examples, such as murder. The 
Union of Djiboutian Women, under the patronage of the first lady, 
operated a counseling center that helped women with a variety of 
problems, including domestic violence.
    Prostitution is illegal, but it remained a problem. Unlike in 
previous years, there were no reports that police vice officers beat 
those engaged in prostitution found on the streets and raped them as a 
condition of their release. Refugees and girls from poor families were 
at greater risk of becoming street prostitutes.
    The law does not prohibit sexual harassment, and it was a problem.
    Women legally possess full civil rights; however, custom and 
traditional societal discrimination in education resulted in a 
secondary role for women in public life and fewer employment 
opportunities in the formal sector. Women owned and ran small-scale 
businesses, especially in the informal sector. The increased presence 
of women in the Government, the legislature, and business had a 
significant positive effect. The Family Code governs the majority of 
family and personal matters, but inequities still existed. In 
accordance with Shari'a law, male children inherited larger percentages 
of estates than did female children. Educated women increasingly turned 
to the regular courts to defend their interests.

    Children.--While the Government continued to stress the importance 
of children's rights, some problems remained. The Government continued 
to increase its spending on education and health, devoting almost a 
third of its budget to education, particularly primary education, and 
one tenth to increased spending on rural health care, particularly for 
mothers and infants. It relied on a few charitable organizations to 
support children and encouraged others to join the effort.
    Primary education was compulsory and available to all. However, 
enrollment rates, while increasing, were not universal. The Government 
provided tuition-free public education, but extra expenses could be 
prohibitive to poor families. While the educational system did not 
discriminate against girls, societal attitudes sometimes resulted in 
differences in the attendance and treatment of girls in school. The 
Government worked with international donors to improve significantly 
girls' school attendance rates, and in 2007 there were 98 girls 
enrolled for every 100 boys. The Government provided a satchel of 
essential school supplies to children in poor areas, paid salary 
arrears for teachers, and authorized a premium for teaching in rural 
areas. The Government also continued to support parent-teacher 
associations throughout the country.
    Despite some difficulties in registering births of children in 
remote areas, most births in Djibouti City were registered early, and 
the Government continued to encourage immediate registration.
    Child abuse existed but was not frequently reported or prosecuted. 
In an effort to reduce the demand for commercial sex acts, in April the 
Government issued international arrest warrants for five French 
nationals on allegations of child sexual abuse. Christian George, a 
French national re-arrested in 2006 for child abuse after an attempt to 
flee the jurisdiction, was in prison awaiting trial at year's end.
    FGM was widely performed on young girls. Although an estimated 93 
percent of females in the country had undergone FGM, some studies 
indicated that recent government efforts to stop the practice had begun 
to reduce significantly the number of young girls undergoing FGM in 
Djibouti City.
    During the year the Government increased efforts to end FGM with 
continued high-profile publicity campaigns in health centers around the 
country, ongoing public support from the first lady and other prominent 
women, and outreach to Muslim religious leaders. These actions built on 
efforts begun in 2005, when the Government ratified the Maputo Protocol 
outlawing FGM. The efforts of the Union of Djiboutian Women and other 
groups to educate women against the practice were having some effect in 
the capital, where reported rates of FGM among young women continued to 
decline. However, infibulation, the most extreme form of FGM, continued 
to be widely practiced, especially in rural areas, despite the 
Government's anti-FGM campaign efforts there. The law states that 
violence causing genital mutilation is punishable by five years' 
imprisonment and a fine of one million DF (approximately $5,650); 
however, the Government had not convicted anyone under this statute.
    Child marriage occurred in rural areas and among some tribal 
groups; however, it was not considered a significant problem. The 
Government worked together with several NGOs to increase school 
enrollment for girls, in part to reduce the likelihood that parents 
would force young girls into marriage. The Ministry for the Promotion 
of Women, Family, Welfare, and Social Affairs also worked actively with 
women's groups throughout the country to protect the rights of girls, 
including the right to decide when and whom to marry.
    There were credible reports of child prostitution on the streets 
and in brothels, despite increased government efforts to stop it, 
including keeping children at risk off the streets and warning 
businesses against permitting children to enter bars and clubs.

    Trafficking in Persons.--A new, comprehensive antitrafficking law, 
signed by the president in December 2007, prohibits all forms of 
trafficking in persons. Law 210 ``Regarding the Fight against Human 
Trafficking'' covers both internal and transnational trafficking and 
prohibits all forms of trafficking in persons. It outlaws 
discrimination among victims based on ethnicity, gender, or 
nationality, and prescribes penalties of up to 30 years' imprisonment 
for traffickers.
    Despite the prohibition there were credible reports of trafficked 
children engaging in prostitution or domestic servitude during the year 
(See Section 6.c).
    In connection with the new antitrafficking law, the Government 
initiated a public awareness campaign, and government officials, 
police, and NGOs met to consider means to improve protection for 
victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Persons with disabilities had access to 
education and public health facilities, and the Labor Code prohibits 
employment-based discrimination against persons with disabilities. NGOs 
continued to organize seminars and other events that drew attention to 
the need for enhanced legal protections and better workplace conditions 
for persons with disabilities. There was societal discrimination 
against persons with disabilities. The Government did not mandate 
accessibility to buildings or government services for persons with 
disabilities. No government agency was charged specifically with 
protecting the rights of persons with disabilities, although the 
Ministry of Justice was charged with general responsibilities for human 
rights.

    National/Racial/Ethnic Minorities.--The governing coalition 
included all of the country's major clan and ethnic groups, with 
minority groups represented in senior positions. Nonetheless, there 
continued to be discrimination on the basis of ethnicity in employment 
and job advancement. Somali Issas were the majority ethnic group; they 
controlled the ruling party and dominated the civil service and 
security services. Discrimination based on ethnicity and clan 
affiliation declined, but affiliation remained a factor in business, 
government, and politics.

    Other Societal Abuses and Discrimination.--There was no known 
societal violence or discrimination based on sexual orientation.
    There was no known societal violence or discrimination against 
persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law and the constitution provide 
for the right to form and join unions; however, the Government 
restricted these rights in practice. The law confers upon the president 
broad powers to requisition public servants who are considered 
indispensable to the operation of essential public services. Under the 
Labor Code, a union must have the approval of the Ministries of Labor 
and Interior as well as the Labor Inspectorate and the public 
prosecutor to exist. Union leaders continued to allege that the 
Government suppressed independent representative unions by tacitly 
discouraging labor meetings, and accused the Government of allowing 
what union leaders called a government-sponsored ``shadow union'' 
representative to attend the 2008 International Labor Conference as the 
country's labor representative.
    The law provides for the right to strike and requires 
representatives of employees who plan to strike to provide 15 days' 
advance notification to the Labor Inspectorate, which uses this time 
period to attempt to mediate an alternate resolution of the dispute. 
Workers exercised this right in practice.
    There were no updates in the 2006 case of labor representatives 
Mohamed Ahmed Mohamed and Djibril Ismail Egueh, who were charged with 
sharing classified information with Israel. Aden Mohamed Abdou and 
Hassan Cher Hared, president and vice-president respectively of the 
Djiboutian Workers Union, were arrested also for facilitating the 
departure to Israel of their colleagues. At year's end Mohamed, Egueh, 
and Hared reportedly were living outside the country, while Abdou 
remained in Djibouti.

    b. The Right to Organize and Bargain Collectively.--Although the 
law allows unions to conduct activities without interference, the 
Government did not protect this right in practice. Collective 
bargaining did not occur.
    Relations between employers and workers were informal and 
paternalistic. Employers generally established wage rates based on 
Labor Ministry guidelines. In disputes over wages or health and safety 
problems, the Ministry of Labor encouraged direct resolution by labor 
representatives who could be and were chosen by the Government and 
employers. Workers or employers could request formal administrative 
hearings before the Labor Inspectorate. However, in practice the 
Inspectorate did not have sufficient resources to conduct regular 
preventive inspections, or to follow up on the enforcement of previous 
cases.
    The law prohibits antiunion discrimination, and employers found 
guilty of discrimination were required to reinstate workers fired for 
union activities; however, the Government neither enforced nor complied 
with the law.
    The 2004 Djibouti Free Zone code, which is more flexible, applies 
to labor matters in the Duty Free Zone, an export processing area.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, a small 
number of women and children transiting the country from Somalia or 
Ethiopia fell victim to domestic servitude or commercial sexual 
exploitation after reaching Djibouti City or the Ethiopia-Djibouti 
trucking corridor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits all labor by children under the age of 16, but the 
Government did not always enforce this prohibition effectively, and 
child labor existed. Children were involved in the sale of the mild 
narcotic Khat, legal under local law, and engaged in prostitution. 
Family-owned businesses such as restaurants and small shops employed 
children at all hours. Children were involved also in activities such 
as shining shoes, washing and guarding cars, selling items, working as 
domestic servants, working in agriculture and with livestock, and other 
activities in the informal sector.
    The Ministry of Labor is responsible for monitoring work places and 
preventing child labor, but a shortage of labor inspectors reduced the 
likelihood that reports of child labor would be investigated, and no 
inspections were conducted during the year. There was no program 
undertaken by the Government to enforce the work of inspectors.

    e. Acceptable Conditions of Work.--Only a small minority of the 
population was employed formally and earned a wage salary. The 2006 
Labor Code canceled minimum wage rates for occupational categories and 
provided that wages be set after common agreement between employers and 
employees. The former national minimum wage did not provide a decent 
standard of living for a worker and family, and it was unlikely that 
such common agreements would provide a minimum standard of living.
    By law the workweek is augmented to 48 hours, normally spread over 
six days. This limit applies to workers regardless of gender or 
nationality. The law mandates a weekly rest period of 24 consecutive 
hours and the provision of overtime pay, and limits compulsory overtime 
to a maximum of five hours a week.
    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 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.

                               __________

                           EQUATORIAL GUINEA

    Equatorial Guinea, with an estimated population of between 500,000 
and one million, is nominally a multiparty constitutional republic. All 
branches of government were dominated by President Teodoro Obiang 
Nguema Mbasogo, who has ruled since seizing power in a military coup in 
1979, and his clan from the majority Fang ethnic group. International 
election observers judged the May 4 legislative elections to be 
peaceful, orderly, and an improvement compared to the seriously flawed 
2004 legislative and 2002 presidential elections; however, there were 
credible reports and evidence of electoral irregularities, and 
allegations by the opposition of fraud and harassment of opposition 
supporters. While civilian authorities generally maintained effective 
control of security forces, there were instances in which elements of 
the security forces acted independently.
    The Government's human rights record remained poor, although there 
were some notable governmental efforts to improve respect for human 
rights. The following human rights problems were reported: limited 
ability of citizens to change their government; increased reports of 
unlawful killings by security forces; government-sanctioned 
kidnappings; systematic torture of prisoners and detainees by security 
forces; life threatening conditions in prisons and detention 
facilities; impunity; arbitrary arrest, detention, and incommunicado 
detention; harassment and deportation of foreign residents with limited 
due process; judicial corruption and lack of due process; restrictions 
on the right to privacy; restrictions on freedom of speech and of the 
press; restrictions on the rights of assembly, association, and 
movement; government corruption; violence and discrimination against 
women; suspected trafficking in persons; discrimination against ethnic 
minorities; and restrictions on labor rights.
    The Government reduced the number of political prisoners; allowed 
international monitors to assess conditions in detention facilities; 
took steps to professionalize security forces; and conducted public 
awareness campaigns on women's rights and domestic violence in 
conjunction with international organizations.
                        respect for 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 government agents committing politically motivated killings; 
however, security forces committed some arbitrary or unlawful killings 
during the year. For example, in January a police officer in Malabo 
shot and killed an alleged illegal immigrant. The officer was arrested 
and investigated for excessive use of force. At year's end the case was 
ongoing.
    On the night of March 12-13, Saturnino Ncogo Mbomio, a member of a 
banned political party, died at Black Beach Prison in Malabo while in 
police custody for possession of illegal weapons, which authorities 
stated were intended for use in a planned coup attempt. Police stated 
that Ncogo died as a result of a fractured skull after falling from the 
top of the bunk bed in his cell, in an apparent suicide attempt. The 
prime minister invited several foreign diplomats to watch prison 
surveillance video of the incident, which showed Ncogo leap headfirst 
from his bed while alone in his cell and showed him walking earlier 
without difficulty. Amnesty International (AI) questioned the official 
account of his death and alleged that, after Malabo police arrested 
Ncogo on the morning of March 12, they interrogated him for several 
hours in Malabo Central Police Station and tortured him to the point he 
was unable to stand on his own. AI called for a thorough and impartial 
investigation into Ncogo's death. By year's end, no investigation had 
been conducted.
    In May a police officer investigating immigration violations in 
Malabo shot and killed a resident alien (a Malian citizen). Authorities 
subsequently arrested and detained the officer and suspended him from 
duty, pending the outcome of a military trial for excessive use of 
force. At year's end, the Government reported that the trial was 
underway.
    According to regional media reports, on December 12, security force 
members reportedly killed a Cameroonian fisherman in what were believed 
to be Cameroonian territorial waters and abducted two Cameroonian 
immigrants while attempting to prevent a boat of Cameroonian immigrants 
from reaching the country. Following protests in Cameroon, both 
governments closed their mutual border. At year's end, the whereabouts 
of the two abducted Cameroonians remained unknown.
    Following the October 2007 death of Salvador Ndong Nguema, which, 
according to parliamentary testimony by members of the opposition party 
Convergence for Social Democracy (CPDS), was a result of injuries 
inflicted during torture by officials in a jail in Evinayong, 
authorities temporarily detained two members of the security forces for 
misconduct. However, according to an international organization that 
followed the case closely, authorities later released the two suspects 
and reassigned them to security duties at another location. Officials 
did not provide any information on this case.
    During the year AI reported that authorities released from 
detention and reinstated at least three police officers and soldiers 
who they had arrested in November 2007 for involvement in the torture 
of several detainees, three of whom died as a result of injuries 
inflicted from torture.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    According to AI, on or around October 8, former army colonel 
Cipriano Nguema Mba was arrested illegally by two Cameroonian police 
officers and transferred to security personnel in the country's embassy 
in Yaounde, before being secretly transported to Black Beach Prison in 
Malabo. In a 2004 military trial, Nguema was convicted in absentia and 
sentenced to 30 years' imprisonment for allegedly plotting a coup and 
leaving the country with government funds. Many members of his family 
were also tried and sentenced to long prison terms and were tortured 
during pretrial detention, according to AI. Immediately following the 
Nguema's abduction, authorities allegedly held him incommunicado at the 
prison and would not confirm his whereabouts or whether they were 
holding him. However, by year's end, authorities had allowed family 
members and UN officials to visit Nguema, who reportedly showed no 
signs of torture.
    On June 5, as part of a general amnesty granted by presidential 
decree, the Government released Juan Ondo Abaga, who had disappeared in 
2005 with three other citizens-Florencio Ela Bibang, Antimo Edu Nchama, 
and Felipe Esono Ntutumu-all of whom remained missing. They reportedly 
had been forcibly repatriated from Benin and Nigeria, incarcerated 
without charge in Black Beach Prison, severely tortured, and denied 
access to a lawyer and their families. There was no government 
confirmation of their presence in the prison.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, security 
officials abused and tortured persons during the year. Based on his 
November 9-18 mission to the country to assess the use of torture in 
the penal system, UN Special Rapporteur on Torture and Other Cruel, 
Inhuman, or Degrading Treatment or Punishment Manfred Nowak stated that 
police employed the ``systematic use of torture'' on detainees, 
including political prisoners and suspects of common crimes. In his 
public statement, Nowak detailed specific techniques used to extract 
confessions or information from those in police custody, to punish 
detainees, or to extort money. Nowak underscored the Government's role 
in such practices and provided preliminary recommendations to reform 
the security forces and judiciary (See Section 4).
    Nowak, who observed a fully equipped torture room in the basement 
of the Bata Central Police Station, documented police abuse, 
corroborated by a medical expert, including beatings to the soles of 
the feet and buttocks with batons, solid rubberized cables, and wooden 
bars; electric shocks with starter cables attached to different parts 
of the body with alligator clips; and various forms of suspension with 
hands and feet tied together for prolonged periods while security 
officials beat victims as they swung back and forth.
    Nowak underlined the inhuman treatment of political prisoners in 
Black Beach Prison, where he stated they had been held in solitary 
confinement for up to four years, without being allowed the one hour of 
exercise per day required by international minimum standards. He found 
that they were held in leg irons for almost the entire duration of 
their imprisonment. The UN mission led by Nowak also found that 
immigrants ran an increased risk of physical abuse in police cells. 
Nowak added that he was concerned about possible reprisals against 
detainees who provided testimony to the UN mission, in particular at 
the central police stations in Malabo and Bata. By year's end, there 
were no reports of reprisals.
    According to AI, officials at the Malabo Central Police Station 
reportedly beat at least two former members of the banned opposition 
party Progress Party of Equatorial Guinea (PPGE) to force confessions 
during the year (See Section 1.e.).
    On April 24, a bodyguard of the Secretary of State for national 
security allegedly assaulted Brigida Asongsua Ela, who had been 
arbitrarily detained in the Malabo Central Police Station since 
December 2007 for refusing to sweep the floor in the Secretary of 
State's office, according to AI. Following a complaint from Asongsua's 
attorney, the Secretary of State ordered the arrest of the bodyguard, 
subsequently relieved him of duty, and apologized for the bodyguard's 
actions. Authorities released Asongsua without charge on April 25.
    In September a government official told a foreign diplomat that, 
despite efforts by a government human rights center to monitor 
detention facilities, beatings in jails across the country were a 
common occurrence due to a lack of training and political will to 
address the problem.
    According to government officials and a private foreign firm 
working closely with the military on training programs, during the year 
a military court convicted at least one member of the security forces 
in connection with the torture of Jaime Ndong Edu, a CPDS member, by 
Deputy Police Commissioner Donato Abogo Menden in October 2007. 
However, military tribunals remained closed to the public and it was 
not possible to independently verify whether any action had been taken 
in this case.
    During the year a parliamentary committee charged with handling 
complaints from citizens involving police abuses reviewed complaints 
regarding the actions of four police officers from the Bomudi precinct 
in Bata, including precinct captain Juan Engonga. Engonga had allegedly 
tortured Emilio Mbana Moyong and Alberto Mbira in the Bomudi police 
station during their five-day detention in August 2007. By September 
authorities had fired at least one of the officers involved and had 
enforced a September 2007 parliamentary order requiring the officers to 
compensate the victims. One torture victim reportedly received one 
million CFA francs ($2,078). The parliamentary committee fined Captain 
Engonga 4.8 million CFA francs ($10,000) for dereliction of duty.
    Foreigners, primarily illegal immigrants from other African 
countries, continued to experience harassment, intimidation, and 
arbitrary arrest and detention.
    Police periodically raided immigrant ghettoes, local stores, and 
restaurants, arbitrarily detained immigrants and extorted them for 
money, and used excessive force.
    In mid-December 2007 there were international media reports of 
citizens, including members of the security forces, looting the 
possessions of and beating up to 8,000 Cameroonian immigrants in Malabo 
and Bata following a bank robbery in Bata by foreigners. Several 
hundred Cameroonian immigrants sought refuge over several days in the 
Cameroonian embassy in Malabo and the consulate in Bata, and The 
Cameroonian government was forced to airlift several immigrants out of 
the country, according to reports. Government officials and Cameroonian 
officials stated that the security forces attempted to protect 
Cameroonians from civilian mobs. Officials reportedly suspended 12 
members of the security forces for using excessive force against 
immigrants and citizens who attacked immigrants.

    Prison and Detention Center Conditions.--UN Special Rapporteur on 
Torture Nowak's monitoring mission in November, which the Government 
had originally requested in January but postponed, included visits to 
prisons as well as short-term detention facilities such as jails. Nowak 
observed that prison conditions did not meet international standards, 
and at least one prisoner died from an apparent suicide in Malabo's 
Black Beach Prison during the year (See Section 1.a.). The UN mission 
led by Nowak cited some improvements in prison conditions, such as 
improved hygienic conditions in the prison in Bata, as a result of 
renovations to the country's three prisons in previous years. However, 
the use of prolonged solitary confinement, leg irons, and insufficient 
food and sanitary conditions posed risks to prisoners' health.
    Conditions in police station jails and other detention centers 
(apart from prisons) were harsher and life threatening. Many detainees 
were held in these conditions well beyond the maximum 72 hours 
stipulated by law, sometimes up to several months. Allegations of 
violence among detainees were frequently ignored or even tolerated by 
authorities. Holding cells were overcrowded and dirty, and detainees 
very rarely had access to medical care, exercise, mattresses, or 
sleeping facilities. Diseases such as malaria and HIV/AIDS were serious 
problems. Food was usually provided by detainees' families or fellow 
detainees, and access to potable water was severely restricted. Most 
detainees had no access to toilets and resorted to plastic bottles or 
plastic bags instead.
    During the year the Government continued efforts to upgrade jails 
associated with local police precinct offices.
    According to Nowak, detained illegal immigrants pending deportation 
were held in police cells for long periods in poor conditions with no 
food or water since they had no family nearby. Detained illegal 
immigrants were also at increased risk of physical abuse and 
discrimination from other detainees with the approval of the police. In 
February the UN Working Group on Arbitrary Detention, which visited the 
country in June 2007, expressed concern over the lengthy arbitrary 
detentions of illegal immigrants and recommended that the Government 
make significant efforts to ensure that foreigners receive access to 
consular officials and that reasonable periods of maximum detention be 
established.
    Female prisoners and juveniles were not separated from male 
prisoners. Pretrial detainees were held together with convicted 
prisoners. Neither the judicial system nor the police had an adequate, 
effective system to register cases or track prisoners; however, an 
official registry existed and officials were systematically upgrading 
it. Some detention facilities restricted visitation.
    The Government sometimes permitted independent monitoring of 
conditions in the country's three prisons and approximately 12 jails 
and numerous holding cells in smaller localities, including monitoring 
by the UN, the International Committee of the Red Cross (ICRC), and 
foreign media. However, authorities regularly prevented monitoring of 
certain parts of prisons and other detention facilities, and they 
denied some international monitoring requests during the year (See 
Section 4). In March the ICRC suspended visits to jails and prisons 
because, despite the ICRC's repeated requests, authorities did not meet 
the organization's minimum modalities and conditions required for 
international monitoring. Despite a prior agreement, during the year 
government authorities denied the team of the UN Special Rapporteur on 
Torture access to military detention facilities at the Cogo and Ela 
military camps, effectively preventing investigation into allegations 
of torture and secret detentions; follow-up access to the central 
police stations in Malabo and Bata was also denied. According to Nowak, 
during the UN monitoring mission, members of security forces threatened 
and intimidated UN monitoring officials, both verbally and by pointing 
guns at them as they tried, sometimes unsuccessfully, to gain access to 
detention facilities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, security forces frequently ignored these 
safeguards and arrested or detained persons arbitrarily and without due 
legal process.

    Role of the Police and Security Apparatus.--The police were 
generally responsible for security in the cities, while gendarmes were 
responsible for security outside the cities and for special events. 
Both report to the minister of national security. Military officials 
also fulfilled police functions in border and high-traffic areas, and 
near sensitive sites. These officials reported to the minister of 
defense. In addition, there are police elements within the ministries 
of interior (border and traffic police), finance (customs police), and 
justice (investigative/prosecuting police) which fulfilled particular 
functions. Presidential security officials also exercise police 
functions in the vicinity of the president and presidential facilities. 
Foreign contractors continued to work with the Government to 
consolidate and organize security structures within the country.
    Though improving, police remained underfunded, poorly trained, and 
corrupt. Security forces continued the practice of extorting small 
bribes from citizens and immigrants, and impunity remained a problem. 
There was no internal investigation unit within the police, and 
mechanisms to investigate allegations of abuse were poorly developed.
    In February a report by the UN Working Group on Arbitrary Detention 
expressed concern that both the police and gendarmes frequently ordered 
arrests and detentions with no legal authorization.
    The Government recognized the need for professional improvement of 
the police and continued to support a broad training program. A 
contracted private foreign group has trained over 600 police officers 
and their leaders on subjects including human rights, prevention of 
trafficking in persons, rule of law, appropriate use of force, tactics 
and code of ethics. Evidence and feedback from expatriates, citizens, 
and community leaders indicated improvement in performance, 
particularly among younger officers receiving training.

    Arrest and Detention.--According to the constitution, arrest 
warrants are required, except in cases of flagrate delicto or cases 
established by law, and some persons were taken into custody on the 
verbal orders of officials. A detainee has the right to a judicial 
determination of the legality of the detention within 72 hours after 
arrest, excluding weekends and holidays. In practice the length of such 
detentions was often longer, occasionally several months. Although a 
bail system and public defenders-supplied by the bar association, which 
receives funding from the Government-were available upon request, the 
public was largely unaware of either, and neither system operated 
effectively. According to the report released in February by the UN 
Working Group on Arbitrary Detention, lawyers did not have access to 
police stations and could not contact detainees while they were held 
there; police superintendents interviewed by the working group stated 
they did not see the need for or advisability of such access. Many 
detainees were not promptly informed of charges against them. 
Authorities' use of incommunicado detention and torture were serious 
problems (See Section 1.c.). In November a UN assessment mission 
expressed concern at the prohibition of family visits in detention 
facilities.
    Arbitrary arrest and detention were serious problems. Employing 
large roundups periodically, local authorities singled out West African 
illegal immigrants for document checks, arbitrary detention, and 
deportation; however, local authorities released immigrants if they 
paid a fine (bribe) of approximately 20,000 CFA francs ($400 dollars).
    According to AI, in late February or early March, police failed to 
comply with a judicial order to bring Brigida Asongsua Ela, the wife of 
political prisoner Guillermo Nguema Ela, before the court to determine 
whether her arrest and detention were legal; Asongsua had been 
arbitrarily detained in Malabo Central Police Station since 2006. On 
April 25, Asongsua was released without charge as a result of a formal 
complaint filed after she was assaulted (See Section 1.c.).
    In October a judge investigating the status of detainees in Black 
Beach Prison determined that 23 prisoners were being held without 
completion of due process. These prisoners were subsequently released.
    Lengthy pretrial detention remained a problem, and a significant 
number of those incarcerated were pretrial detainees. Inefficient 
judicial procedures, corruption, lack of monitoring, and inadequate 
staffing contributed to the problem.
    The UN Working Group on Arbitrary Detention recommended that the 
Government adopt necessary measures to put an immediate end to the 
practice of secret detentions. The group cited the secret detentions in 
Black Beach Prison of Juan Ondo Abaga (who was later released in June), 
Florencio Ela Bibang, Felipe Esono Ntumu, and Antimo Edu Nchama, all of 
whom were kidnapped in foreign countries where they had international 
refugee status, according to the working group.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the Government did not respect 
this provision in practice, and the judiciary was not independent, 
according to UN officials and local and international human rights 
advocates. Judges serve at the pleasure of the president, and were 
appointed, transferred, and dismissed for political as well as 
competency reasons. Judicial corruption was widely reported, and cases 
were sometimes decided on political grounds.
    The court system is composed of lower provincial courts, two 
appeals courts, a military tribunal, and the Supreme Court. The 
president appoints members of the Supreme Court, who reportedly took 
instructions from him. The Supreme Council of the Judicial Power 
appoints and controls judges. President Obiang is president of the 
Supreme Council, and the president of the Supreme Court is the vice 
president of the Supreme Council.
    The military justice system did not provide defendants with the 
same rights as the civil criminal court system. The code of military 
justice states that persons who disobey a military authority, or are 
alleged to have committed an offense considered to be a ``crime against 
the state,'' should be judged by a military tribunal, with limited due 
process and procedural safeguards, regardless of whether the defendant 
is civilian or military. In the past, some military cases were 
essentially political in nature. A defendant may be tried without being 
present, and the defense does not have a guaranteed right to cross-
examine an accuser. Such proceedings are not public, and the defendants 
do not have a right of appeal to a higher court. According to the UN 
Working Group on Arbitrary Detention, judges and defenders in military 
courts were not lawyers or jurists, but military officials with no 
legal training.
    Tribal elders adjudicated civil claims and minor criminal matters 
in traditional courts in the countryside. These adjudications were 
conducted according to tradition and did not afford the same rights and 
privileges as the formal system. Those dissatisfied with traditional 
judgments could appeal to the civil court system.

    Trial Procedures.--By law a defendant enjoys the presumption of 
innocence until proven guilty. Many trials for ordinary crimes are 
public, but in accordance with the continental law model upon which the 
judicial system is based, juries are seldom used. Defendants have the 
right to be present at their trials but rarely were able to consult 
promptly with attorneys, unless they could afford private counsel. An 
accused person who cannot afford a lawyer is entitled to ask the 
Government to provide one, but only if the accused is summoned to 
appear in court, and defendants were not routinely advised of this 
right. The country's bar association was available to defend indigent 
clients; however, there remained a serious shortage of lawyers in the 
country, and there continued to be no effective system of court-
appointed representation, according to the UN Working Group on 
Arbitrary Detention. Defendants may confront and question witnesses and 
may present their own witnesses and evidence, although in practice this 
was seldom done. There was limited access to evidence. By law the 
accused has the right to appeal; however, legal appeals were not 
common.

    Political Prisoners and Detainees.--While it was difficult to 
estimate the number of persons detained or imprisoned for exercising 
their political rights-in part because authorities did not maintain 
reliable registration lists for prisons and jails or allow 
comprehensive independent monitoring of detention facilities-in 
February a report by the UN Working Group on Arbitrary Detention, which 
visited the country in June 2007, cited 100 cases of ``persons detained 
for merely exercising their political rights.'' After the Government 
released political prisoners, credible reports indicated that 
approximately 39 individuals remained incarcerated at year's end for 
offenses relating to the exercise of political rights. Of those 
convicted, most were charged with ``crimes against the state''; some 
were convicted by military courts without respect for due process, and 
some were tried summarily without the right to appeal their sentences, 
according to the working group. They were all members of opposition 
parties, mainly banned parties, or persons the Government accused of 
involvement in alleged coup attempts. The Government did not allow 
international humanitarian access to at least three of these prisoners 
and detainees during the year.
    On June 4, a presidential decree granted pardons to 37 prisoners 
and pretrial detainees, although nine of these individuals had in fact 
already been released in previous years. AI determined that at least 11 
of the released prisoners had in no way advocated or participated in 
acts of violence. Among the prisoners of conscience who were pardoned 
and released in June were Reverend Bienvenido Samba Momesori; a critic 
of the Government's treatment of minorities, who had been held without 
charge or trial since 2003; Felipe Ondo Obiang, Guillermo Nguema Ela, 
and 11 other members of the banned political party Democratic and 
Republican Force, all of whom had been convicted in an unfair trial in 
2002 for an attempted coup; and Juan Ondo Abaga, whose secret detention 
and whereabouts the Government did not acknowledge until the pardon.
    On July 7, a court convicted and sentenced to six years' 
imprisonment five former members of a banned political party, the PPGE-
Cruz Obiang Ebele, Emiliano Esono Micha, Gerardo Angue Mangue, 
Gumersindo Ramirez Faustino, and Juan Ecomo Ndong-on charges of 
belonging to a banned party, holding illegal meetings, attempting to 
overthrow the Government, and arms smuggling.
    Police arbitrarily arrested the five individuals in March, along 
with another former PPGE member, Bonifacio Nguema Ndong, who the court 
absolved, after the discovery of weapons in the trunk of a car being 
imported to the country from Spain. The five men were found guilty in 
the same trial as Simon Mann, a British citizen who pled guilty to 
plotting a 2004 coup attempt; however, the charges against them were 
unrelated to the events for which Mann was tried, and-according to AI-
no attempt was made in court to link the six men to Mann's case. The 
weapons were alleged to be associated with the coup attempt.
    The pretrial detention and the trial of the six former PPGE members 
failed to meet due process norms. Authorities arbitrarily held the men 
for more than two months without charge or trial. According to AI, 
authorities arrested the six men without a warrant, forced them to sign 
under duress statements they had not made, beat at least two of the men 
(including one with a baton), held them incommunicado without access to 
a lawyer until five days before the trial, and failed to produce 
evidence that they had been in possession of the weapons. At year's end 
it was unknown whether authorities had undertaken any investigation 
into the alleged beatings.
    There were a few concerns about whether Mann's trial complied with 
international fair trial standards. Mann's first defense attorney 
(Ponciano Mbomio) was replaced prior to the trial when the bar 
association suspended his license; the suspension occurred after Mbomio 
attempted to block the trial's commencement by arguing that correct 
legal procedures had not been observed. Mann, who pled guilty to the 
charges against him, was sentenced to 34 years' imprisonment.
    In February the UN Working Group on Arbitrary Detention issued 
several fundamental recommendations for the Government concerning the 
judiciary, penal system, and criminal legal system. The working group 
recommended that the Government do the following: urgently revise the 
national criminal law framework; eliminate inconsistencies with the 
constitution and international instruments; consider drafting a new 
criminal code, one providing the possibility of community service; 
establish by law and in practice an independent judiciary; prompt 
judges and law officers to make periodic visits to prisons and police 
detention centers; exclusively limit the jurisdiction of military 
courts to military offenses committed by armed forces personnel, and 
end their jurisdiction to try civilians; extend human rights training 
to judges, law officers of all grades, security forces members, and the 
Office of the Attorney General; revise the current application 
procedures for habeas corpus, with a view to making it easier to use 
and more effective to remedy arbitrary detention; guarantee lawyers 
free access to police stations and prisons so they may be able to 
interview detainees from the beginning of their detention; and employ 
the national budget to guarantee the resources required to ensure the 
effective functioning of the justice administration system as well as 
the prison and police detention system, in part to ensure the provision 
of sufficient and adequate food and medical care.

    Civil Judicial Procedures and Remedies.--Civil matters can be 
settled out of court, and in some cases tribal elders adjudicated local 
disputes. Courts were increasingly engaged in ruling on civil cases 
brought before them, some of which involved human rights complaints. 
Many international companies doing business in the country operated 
with mediation clauses that were occasionally activated. Resulting 
resolutions were generally respected.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, but 
the Government often did not respect these prohibitions in practice. 
Security forces violated homes and arrested suspected dissidents, 
criminals, foreign nationals, and others-often without judicial orders, 
which are not required for certain officials to enter and search homes-
and confiscated their property with impunity.
    Government informers reportedly monitored opposition members, 
nongovernmental organizations (NGOs), and journalists. Most residents 
and journalists believed that the Government monitored telephone calls.
    Indirect pressure for public employees to join the ruling 
Democratic Party of Equatorial Guinea (PDGE) continued. Opposition 
party members were reported to have been discriminated against in 
hiring, job retention, scholarships, and obtaining business licenses. 
Businesses found to have hired employees with direct links to families, 
individuals, parties, or groups that were out of favor with the 
Government were often forced to dismiss employees or face 
recrimination.
    The law provides for restitution or compensation for the taking of 
private property; however, in practice when the Government forced 
persons from their homes or land, it sometimes did not provide 
equitable compensation. Individuals may hold property title to pieces 
of land, but the state has full power of eminent domain, which it often 
exercised as development continued. The Government offered payment to 
those who proved title.
    As in previous years, the Government continued to exercise right of 
eminent domain in pursuit of development goals, which include 
construction of thousands of low-cost housing units. In cases of 
neighborhood demolition during the reporting period, officials held 
community meetings to discuss proposed actions and means of 
restitution. Many of the residents affected were squatters. With regard 
to restitution, those who could prove title generally received fair 
payment. For others who had built on land they did not own, the 
Government paid restitution equal to the amount of documented 
investment.
    However, the Red Cross, the Catholic Church, human rights lawyers, 
and the political opposition expressed concerns about the displacement 
of poor communities during the increased construction of new roads and 
buildings in recent years; one opposition party claimed the selection 
of slums for displacement was sometimes motivated by political reasons, 
although there was no evidence to support this allegation.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and press; however, the Law on the Press, 
Publishing, and Audiovisual Media grants extensive powers to 
authorities to restrict the activities of the media, and the Government 
limited these rights in practice.
    While criticism of government policies was allowed, individuals 
could not criticize the president, his family, other high-ranking 
officials, or the security forces without fear of reprisal, and the 
Government reportedly attempted to impede criticism by continuing to 
monitor the activities of the political opposition, journalists, and 
others. Since 2007 some journalists have covered topics previously 
considered to be off limits, including mild criticism of institutions 
for lack of progress on economic development issues and government 
inefficiency, but the country's tiny media remained weak and under 
government influence or control, and journalists practiced self-
censorship.
    There were virtually no domestic independent media. There was one 
state-run organ that published news regularly. There were three 
privately-owned domestic publications, including La Gaceta de Guinea 
Ecuatorial, which published news and commentary monthly; however, their 
readership remained very limited. The CPDS published an opinion 
newspaper semi-regularly but struggled to fund it adequately. News 
kiosks did not exist. There were only three libraries in the country, 
all supported by foreign governments or the Catholic Church, and there 
were only two bookstores, both affiliated with religious organizations.
    Starting a new periodical requires a complicated process governed 
by an ambiguous law and was often inhibited by government bureaucracy. 
In addition, accreditation is cumbersome for both local and foreign 
journalists, who must register with the Ministry of Information.
    Only one international news agency had a regular stringer present 
in the country, and government agents reportedly followed and 
surveilled stringers for foreign media. Some international media were 
not able to operate freely in the country during the year; the 
Government refused to issue visas to Spanish journalists from major 
media organizations prior to the May elections (See Section 3). 
International newspapers or news magazines were generally not available 
in rural markets due, at least in part, to their high price and low 
rates of literacy in rural areas; however, international magazines and 
newspapers were increasingly being sold in a number of grocery stores 
in Malabo and Bata.
    The Government owned a national radio and television broadcast 
medium. The president's eldest son owned the only private broadcast 
media. Satellite broadcasts increasingly were available. Foreign 
channels were not censored.
    The Catholic Church had applied to establish a radio station in 
2007, but the Government had not granted authorization by year's end.
    International electronic media were available and include Radio 
France International, which broadcast from Malabo, BBC, and Radio 
Exterior, the international short-wave service from Spain.
    The Law on the Press, Publishing and Audiovisual Media allows the 
Government considerable authority to restrict press activities through 
official prepublication censorship. The law also establishes criminal, 
civil and administrative penalties for violation of its provisions, in 
particular when it comes to violations of the 19 ``publishing 
principles'' in Article 2, which are vague and open to subjective and 
restrictive interpretations.
    In September the Government raided the headquarters of the 
opposition CPDS in an attempt to confiscate an unlicensed radio 
transmitter and forcibly confiscated editions of a semi-regular CPDS 
publication (See Section 3).
    Many of the legal and administrative obstacles emphasized by the 
international press freedom advocacy groups continued to pose 
significant problems for the country's media during the year. For 
example, there continued to be a lack of adequate government investment 
in infrastructure necessary for the development of strong independent 
media, including printing presses and newspaper retailers, and there 
was little evidence that the Government encouraged-on a non-
discriminatory basis-public advertising in locally printed media. 
During the year one journalist, a member of the national press 
association, equated this lack of investment by the Government to 
``economic censorship'' and expressed deep concern over the lack of 
training opportunities for local journalists, despite the country's 
recent exceptional economic growth.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Most overt criticism of the Government came from the 
country's community in exile, and the Internet had replaced broadcast 
media as the primary way opposition views were expressed and 
disseminated. Exiled citizens' sites were not blocked. Internet use 
grew significantly, and dozens of Internet cafes in the cities of Bata 
and Malabo continued to do a thriving business.

    Academic Freedom and Cultural Events.--There were no official 
restrictions on academic freedom or cultural events; however, in past 
years some qualified professionals were moved out of teaching positions 
because of their political affiliation or critical statements reported 
to government officials by students in their classes. Therefore, most 
professors reportedly practiced self-censorship to avoid problems. 
Cultural events required coordination with the Ministry of Information, 
Culture, and Tourism.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for the right of assembly; 
however, the Government restricted this right, largely through limits 
on freedom of association, which made it difficult for organizations 
that had not gained legal authorization to operate and hold meetings 
legally. According to foreign donors and members of local civil society 
groups, in light of coup attempts in recent years, the Government 
continued to view some informal meetings by associations as security 
threats. Although the Government formally abolished permit requirements 
for political party meetings within party buildings, opposition parties 
were expected to inform authorities if they wished to hold gatherings 
outside of their headquarters. The Government required notification for 
public events such as meetings or marches.

    Freedom of Association.--The constitution and law provide for 
freedom of association, but the Government significantly restricted 
this right in practice. All political parties, labor unions, and other 
associations must register with the Government. To date only one labor 
organization had been registered. The law prohibits the formation of 
political parties along ethnic lines, and several political parties 
remained banned (See Section 3). The registration process for NGOs was 
costly, burdensome, opaque, and sometimes took years to complete (See 
Section 4). During the year foreign donors continued to urge the 
Government to review and reform the legal regime governing the 
establishment of NGOs. Many associations, including several women's 
groups focused on economic development, were unable to gain 
authorization or registration status from the Government.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right. 
There were no reports that government officials monitored religious 
services.
    The law gives official preference to the Catholic Church and the 
Reform Church of Equatorial Guinea, because of their traditional roots 
and historical influence in social and cultural life. A Roman Catholic 
Mass was normally part of any major ceremonial function or holiday. 
Long-established Catholic schools received the same benefits from the 
state as public schools.
    A religious organization must be formally registered with the 
Ministry of Justice, Religion, and Penal Institutions to operate. 
Approval could take several years, due primarily to bureaucratic 
slowness rather than policy; however, the lack of clearly defined 
registration procedures remained an issue. Traditional African 
religions were practiced, even by many who belonged to other religious 
groups.
    Religious study was optional in public schools but required in 
parochial schools and was usually, but not exclusively, Catholic.

    Societal Abuses and Discrimination.--The Jewish community was 
extremely small; there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation. However, the Government restricted these rights in 
practice.
    Police at roadblocks routinely checked passing travelers and 
occasionally engaged in petty extortion, including during quarterly 
roundups of illegal immigrants. The Government justified roadblocks as 
means of control to prevent illegal immigration, mercenary activities, 
or attempted coups. These checkpoints restricted freedom of movement 
for all travelers.
    The law prohibits forced internal or external exile; however, the 
Government did not respect this in practice. Following the granting of 
pardons to political prisoners in June, the Government required several 
of them to return to and remain in their villages of origin. Several 
members of banned political parties remained in self-imposed exile.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol; however, the 
Government has not established a system for providing protection to 
refugees. In practice the Government provided some protection against 
the expulsion or return of persons to countries where their lives or 
freedom would be threatened.
    However, in October Cameroonian police officers reportedly 
illegally arrested former Equatoguinean army colonel Cipriano Nguema 
Mba in Cameroon, where he was recognized as a refugee, and handed him 
over to the country's embassy in Cameroon. Equatoguinean officials 
reportedly transported Nguema Mba clandestinely to Malabo to face 
criminal charges of a political nature (See Section 1.b.). The incident 
resulted in protests in Cameroon and extensive diplomatic discussions 
between both governments. In addition, the Government continued to 
detain other political prisoners who government agents had kidnapped 
from neighboring countries in recent years, according to the UN Working 
Group on Arbitrary Detention.
    The Government provided temporary humanitarian protection to 
individuals who may not qualify as refugees under the 1951 convention 
and the 1967 protocol.
    There were no recent cases of the Government cooperating with the 
UN High Commissioner for Refugees (UNHCR), which had no local office, 
or other humanitarian organizations in assisting refugees and asylum 
seekers. The Government did however cooperate with the UN Children's 
Fund in cases involving children.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully; however, despite improvements in the electoral 
process during the year, this right continued to be limited, partly as 
a result of the dominance of the ruling PDGE party.

    Elections and Political Participation.--On May 4, the country held 
parliamentary and municipal elections, which resulted in the continuing 
political dominance of the ruling PDGE. The ruling coalition, which 
included the PDGE and nine other parties, increased its number of seats 
in the 100-member parliament to 99 (the PDGE itself won 89 seats); the 
opposition CPDS lost a seat, leaving it with one representative in the 
parliament. The ruling coalition also won 319 municipal 
counsellorships, including 305 for the PDGE, out of a total of 331 
municipal posts.
    A small, mixed contingent of international observers characterized 
the elections as an improvement over the last legislative and 
presidential elections, which were severely marred by irregularities 
and were not free and fair. The contingent noted the voting process was 
peaceful and orderly and highlighted the increased use of transparent 
ballot boxes at polling stations. In addition, prior to the election 
the Government established a public campaign financing system; as a 
result, the country's three main legal opposition parties received more 
than 505 million CFA francs ($1 million) in campaign funds.
    Despite these improvements over past elections, there were reports 
of notable electoral irregularities, including harassment of opposition 
supporters and voters at polling stations and during the campaign, some 
of which was captured on video by the opposition CPDS, and several 
reports by international media of the failure by local election 
authorities to ensure voting by secret ballot. A respected humanitarian 
organization with personnel working in different parts of the country 
characterized the election as ``not very transparent.'' The national 
electoral commission, which was charged with ensuring the fairness of 
the elections and handling formal post-election complaints, was not 
independent; while its membership included a representative of each 
political party that fielded candidates, it also included 
representatives from the Government, lacked civil society 
representation, and a majority of its members were officials who 
belonged the ruling party. Several peaceful political parties that were 
banned in recent years were not allowed to participate in the 
elections, and members of one banned party were arbitrarily arrested 
and detained for an alleged coup attempt and-according to AI-tortured 
shortly before the beginning of the campaign season (See Sections 1.a. 
and 1.c.). Shortly before election day, the Government refused to grant 
visas to Spanish journalists from international media organizations who 
had intended to observe and report on the elections, forcing these 
organs to rely on a few local stringers for election coverage.
    The opposition CPDS submitted to a tribunal a formal complaint 
concerning electoral irregularities. The complaint focused on the 
method by which authorities calculated votes for the proportional 
distribution of legislative seats to political parties; however, after 
reviewing the complaint, the electoral commission dismissed it as 
invalid.
    The ruling PDGE party rules through a complex arrangement built 
around family, clan, and ethnic loyalties. There is no presidential 
term limit.
    Opposition political parties were not able to operate without 
restrictions. Several parties remained banned, and the three legal 
opposition parties faced restrictions on freedoms of speech, 
association, and assembly (See Sections 2.a. and 2.b.). The number of 
abuses, such as arbitrary arrest and detention, against the legal 
opposition parties has decreased in recent years; however, these 
parties continued to claim that they were monitored by government 
agents and practiced self-censorship.
    In August, after informing the Government in writing of its 
intention to set up a radio station, the opposition CPDS party began 
testing its equipment. In September the Government ordered the CPDS to 
cease transmitting, which it did, and alleged that the CPDS illegally 
introduced radio broadcast equipment into Malabo without passing 
through customs and paying requisite taxes and attempted to begin 
transmissions without obtaining a broadcast license. The CPDS refused 
to surrender the broadcast equipment and countered that laws on 
political parties and the press explicitly provide for individuals and 
collective bodies, including political parties, to set up media 
outlets, and that the law does not specify the conditions for 
broadcasting authorization. On September 13, 20 members of the security 
forces raided the CPDS headquarters in Malabo in an attempt to 
confiscate the equipment; the security agents did not find the 
equipment, but confiscated party propaganda and editions of a CPDS 
publication. The Government prohibited the activity but otherwise took 
no further actions. Negotiations regarding the incident were ongoing at 
year's end.
    Opposition party members and candidates operated at a significant 
disadvantage when attempting to gain favor among the voters. On the 
whole, opposition parties and party candidates were poorly organized, 
poorly financed, and lacked public support. The Government allowed 
opposition parties limited access to domestic media, and during the 
year the opposition participated in legislative debates, talk shows, 
and meetings with the president. Most state events were publicized in 
connection with the ruling PDGE party. Because of quasi-mandatory 
collection of dues and other contributions, the ruling party had 
greatly disproportionate funding available, including for gifts to 
potential voters.
    The president exercised strong powers as head of state, commander 
of the armed forces, head of the judiciary, and founder and head of the 
ruling party. In general leadership positions within government were 
restricted to the president's party or the coalition of ``loyal 
opposition'' parties. Because the ruling party overwhelmingly dominated 
the commissions established to review electoral practices and recommend 
reforms, few changes were made. The minister of the interior was 
elected to act as president of the national electoral commission.
    Some political parties that had been popular prior to the 1992 law 
that established procedures for political parties to become legal, 
remained banned, generally under the pretext that they were 
``supporting terrorism'' or had been linked to attempts to overthrow 
the Government.
    The Government did not overtly limit participation of minorities in 
politics; however, the predominant Fang ethnic group, estimated at over 
85 percent of the population, continued to exercise strong political 
and economic power. There were 20 ethnically-mixed or minority members 
in the 100-seat parliament; five of the total were women. Of 27 
appointed cabinet ministers, 22 were Fang, one of whom was a woman.

    Government Corruption and Transparency.--Laws provide severe 
criminal penalties for official corruption; however, the Government did 
not implement these laws effectively, and officials frequently engaged 
in corrupt practices with impunity. Corruption continued to be a severe 
problem.
    Officials by law must declare their assets, although the 
declarations were not published publicly. There was no requirement that 
officials divest themselves of business interests that were in 
potential conflict with official responsibilities, and no law 
prohibiting conflict of interest. The presidency and prime minister's 
office were the lead agencies for anticorruption efforts. A number of 
ministers were reportedly replaced following the May elections as a 
result of corrupt practices.
    During the year the Government made additional progress toward 
meeting objectives required to join the Extractive Industries 
Transparency Initiative (EITI), a multinational civil society 
initiative to encourage transparency and accountability in extractive 
industries, developing an approved work plan and achieving candidate 
status. However, there remained significant challenges in meeting EITI 
requirements concerning the development of civil society (See Section 
4), and there continued to be a lack of transparency in the extractive 
industries.
    In October the Government began disbursing funds for social 
projects under the social development fund, a mechanism developed 
jointly with a foreign donor that was designed to enhance the 
transparency of social spending in line with international development 
norms.
    On December 2, anticorruption activist groups, including the French 
chapter of AI, filed a lawsuit in Paris against President Obiang and 
two other African heads of state, accusing them of acquiring luxury 
homes in France with embezzled public funds. The plaintiffs stated that 
there was ``no doubt that these assets could not have been acquired 
with the sole salaries and benefits of these heads of state.''
    In December a Spanish human rights group filed a formal complaint 
with anticorruption public prosecutors in Spain, claiming that members 
of President Obiang's family and high-ranking political officials close 
to the president had illegally embezzled 12.7 billion CFA francs ($26 
million) from a state petrol company to buy homes in Spain, and had 
laundered these public funds between 2000 and 2003 in American and 
Spanish banks. According to media reports, Spain's anticorruption 
prosecutor had begun investigating allegations against these 
individuals by year's end.
    The law did not provide for public access to government 
information, and citizens and noncitizens, including foreign media, 
were generally unable to access government information. A lack of 
organized record keeping, archiving, and public libraries also limited 
access. Government officials were more forthcoming with information 
during the year.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were very few domestic human rights NGOs; they focused on 
development-related issues involving social and economic rights, such 
as health and elderly care, and none reported publicly on the abuse of 
civil or political rights by the Government or official corruption. The 
law restricts NGOs and identifies specific areas in which they may 
operate; human rights was added in 2005 to those types of NGOs that may 
organize. During the year the Government met with domestic NGO 
representatives to enhance cooperation on efforts to adhere to the 
transparency principles of EITI. Despite this increased cooperation, 
the Government's attitude toward domestic and international NGOs that 
worked in or reported on the country generally remained ``not 
friendly,'' according to a foreign diplomat charged with evaluating the 
status of civil society in the country. The Government's relationship 
with NGOs was reported to be mistrustful due to concerns about state 
security, particularly in light of coup attempts in recent years. 
Government restrictions, including burdensome registration requirements 
and lack of capacity to manage and provide the public with information, 
continued to impede the activities and development of domestic civil 
society (See Sections 2.a. and 2.b.). There were few international 
human rights NGOs resident in the country, and they generally focused 
on the rights of the poor (social and economic rights), not civil and 
political rights.
    The Government cooperated to varying degrees with international 
organizations such as the ICRC and the UN. During the year the 
Government continued to allow the ICRC to monitor detention facilities, 
although the ICRC suspended its monitoring activities early in the year 
for lack of cooperation and had not resumed monitoring by year's end.
    The Government also invited and permitted UN Special Rapporteur on 
Torture Novak to visit the country to assess some but not all of the 
country's detention facilities. Novak expressed that examples of 
torture in the country appeared to reflect a state-endorsed method of 
obtaining evidence and confessions (See Section 1.c.). Explaining that 
a culture of total impunity ``allows torture to continue unabated,'' 
Nowak noted that not one conviction for torture could be found in court 
records, and that officers known for resorting to torture were able to 
establish successful careers in the security forces. He also cited 
``the non-functioning of the administration of justice and, therefore, 
the absence of the rule of law.'' Nowak recommended that the Government 
undertake ``profound reform'' of its laws, penal system, and judicial 
and law enforcement institutions. He also recommended that the 
Government establish effective monitoring and accountability mechanisms 
to combat torture, and that foreign diplomats in Malabo conduct regular 
monitoring visits to detention facilities. UN officials also 
recommended that the international community, including transnational 
corporations, ensure that they were not complicit in human rights 
abuses in their business practices and development activities.
    The primary organization with some responsibility for human rights, 
the National Commission for Human Rights (CNDH), was dependent on and 
heavily influenced by the Government and suffered serious funding, 
staff, and institutional limitations. It did not investigate human 
rights complaints or keep statistics on them. The president appointed 
the members of the CNDH.
    The Center for Human Rights and Democracy, although organized as a 
quasi-independent body, had no independent source of funding or 
authority other than that provided by the Government. It received 
minimal financial and administrative support. Nonetheless, the center 
showed greater independence during the reporting period. Previously its 
role had been primarily advocacy and public sensitization; however, 
during the year it began conducting investigations, including into 
detention center conditions, and reporting violations or complaints to 
the parliament.
    The parliamentary committee for complaints and petitions provided a 
forum for the public to address concerns, and was increasingly active 
during the year. The committee accepted complaints and cases whenever 
the parliament was in session.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, religion, disability, language, or social status; however, the 
Government did not enforce these provisions effectively. Nonetheless, 
numerous public outreach efforts were undertaken to improve public 
awareness of the issues associated with violence and discrimination 
against women and children, discrimination against ethnic minorities, 
and discrimination against those with HIV/AIDS.

    Women.--Rape is illegal, but spousal rape is not specified in the 
law. The Government did not enforce the law effectively. Reporting rape 
was considered shameful to families involved. Several prosecutions came 
before the courts during the year, but the exact number was not known.
    Domestic violence was a problem. Violence against women, including 
spousal abuse, is illegal, but the Government did not enforce the law 
effectively. In conjunction with international organizations, the 
Government conducted public awareness campaigns on women's rights and 
domestic violence. The police and judiciary were reluctant to prosecute 
domestic violence cases.
    Prostitution is illegal, and the Government continued to enforce 
the law against businesses and pimps. Nonetheless, freelance 
prostitution was evident in the two major cities of Malabo and Bata.
    Sexual harassment is illegal; its extent was unknown. There were no 
known cases brought before the courts.
    The law provides for equal rights for women and men, including 
rights under family law, property law, and in the judicial system; 
however, rights of women were limited in practice.
    A foreign development fund, as part of its program to support civil 
society, dedicated one of its forums to the rights of women. The 
dominant topics were polygyny and traditional attitudes that make women 
vulnerable. Polygyny, which was widespread, contributed to women's 
secondary status, as did limited educational opportunities.
    In rural areas, women largely were confined by custom to 
traditional roles, particularly in agriculture. In urban settings, 
women with equal qualifications rarely suffered overt discrimination. 
However, the country remained a conservative culture in which societal 
bias against women persisted. Women sometimes experienced 
discrimination in access to employment, credit, pay for substantially 
similar work, and business ownership or management.

    Children.--The Government's commitment to children's rights and 
welfare improved during the year. The Government continued a national 
vaccination campaign and conducted numerous public outreach campaigns 
to raise awareness of the importance of education, health, and the 
rights of children.
    The overwhelming majority of children attended school at least 
through primary grades. Boys were generally expected by their families 
either to complete an additional seven years of secondary school or to 
finish a program of vocational study after primary education. For many 
girls in rural settings, however, early pregnancy or the need to assist 
at home limited educational opportunities, and women generally attained 
lower educational levels than men. During the year the Government 
partnered with a foreign oil company to undertake a multi-million 
dollar school renovation program, and continued bilateral efforts with 
a foreign country to reform outdated curriculum materials.
    Abuse of minors is illegal; however, the Government did not enforce 
the law effectively, and child abuse occurred. Physical punishment was 
the culturally accepted method of discipline. During the year a small 
number of cases in which child abuse was alleged came before the 
courts.
    There were no statistics on child prostitution, and there was 
little evidence it occurred.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, some trafficking through and to the country was suspected. 
There were no reliable figures on the number of trafficking victims due 
to lack of any recent reliable studies. The country was a destination 
point for children primarily from Benin, Nigeria, and Cameroon 
trafficked to Malabo and Bata for the purpose of forced labor (such as 
domestic servitude), and possibly a transit and destination for women 
and children trafficked for sexual exploitation.
    In the past traffickers generally crossed the border with false 
documents and children they falsely claimed were their own. However, 
removal of economic incentives for such activity apparently reduced 
trafficking to a small number of cases.
    The Government cooperated with other governments and with 
international organizations and NGOs to aid trafficking victims and 
assist in their repatriation.
    The Ministry of Justice was responsible for combating trafficking 
in persons, and the minister of justice was president of the 
interinstitutional commission on illegal trafficking of migrants and 
trafficking of persons. The Ministry of Women's Promotion was 
responsible for addressing issues related to protection of trafficking 
victims. However, the country lacked shelters for providing victim 
assistance.
    The penalties for trafficking in persons for sexual exploitation or 
other exploitation are imprisonment for 10 to 15 years and a fine of 
not less than approximately 50 million CFA francs (approximately 
$100,000). There were no reported prosecutions for trafficking during 
the year.
    The Government provided limited protection or assistance to victims 
or witnesses. Embassies of victims' countries of origin, if present, 
were invited to assume care of victims until they were returned to 
their home countries. There were few NGOs in the country to assist 
victims. The only victims identified were repatriated.
    The Government, through the National Action Plan to Fight Against 
Trafficking in Persons and Child Labor, continued to fund a program to 
educate the public against these practices, assist victims and punish 
offenders.
    Law enforcement officials, often stationed in market places, 
enforced laws prohibiting minors from working in markets or other 
sectors. Vendors who violate these laws were forced to close down their 
stalls, were heavily fined, or were deported. Children found to be 
working in markets were not provided with social services.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not provide protection for 
persons with disabilities from discrimination in employment, education, 
or the provision of other state services, nor does the law mandate 
access to buildings for persons with disabilities.
    Educational services for the mentally or physically handicapped 
were limited. The local Red Cross, with financial support from the 
Government, managed the country's school for deaf children. The country 
also provided care for the mentally handicapped in the Virgin Madre 
Maria Africa facility.
    The ministries of education and health had primary responsibility 
for protecting the rights of persons with disabilities. Public service 
announcements regarding rights of persons with disabilities continued 
to be broadcast.

    National/Racial/Ethnic Minorities.--Discrimination against ethnic 
or racial minorities was illegal; however, societal discrimination, 
security force harassment, and political marginalization of minorities 
were problems. The number of illegal residents from Nigeria, Ghana, 
Cameroon, Mali, Togo, and other African countries represented an 
estimated one-third of the population and continued to grow, despite 
police attempts to enforce immigration laws. Foreign workers from West 
Africa and elsewhere were attracted to the country by its growing oil-
based economy.
    In October the Ministry of the Interior requested the assistance of 
all embassies and consulates to help control the country's growing 
illegal immigration problems. Foreign diplomats requested ministry 
assistance in minimizing the harassment of legal immigrants and the 
tendency of officials to misplace or lose passports, work permits, and 
other official documents essential to immigrants.

    Other Societal Abuses and Discrimination.--Societal stigmatization 
and discrimination against homosexuals was strong, and the Government 
made little effort to combat it.
    Despite frequent public statements and radio campaigns advocating 
nondiscrimination toward them, persons with HIV/AIDS continued to be 
victims of societal stigmatization, which led them to keep their 
illness hidden. The Government provided for free HIV/AIDS testing and 
treatment, and supported public information campaigns to increase 
awareness.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
establish unions and affiliate with unions of their choice, without 
previous authorization or excessive requirements; however, the 
Government placed practical obstacles before groups wishing to 
organize. Most often, those seeking to organize were co-opted into 
existing party structures by means of pressure and incentives. The 
Union Organization of Small Farmers continued to be the only legal 
operational labor union. According to the International Trade Union 
Confederation, authorities continued to refuse to register the 
Equatorial Guinea Trade Union. The law stipulates that a union must 
have at least 50 members from a specific workplace to register; this 
rule effectively blocked union formation. Authorities refused to 
legalize the Independent Syndicated Services, a public sector union, 
despite its having met the requirements of the law.
    Workers rarely exercised their right to strike in part because they 
feared losing their jobs and possible harm to themselves or their 
families. On rare occasions workers engaged in temporary protests or 
``go slows'' (work slowdowns and planned absences).
    In March pay issues reportedly led Chinese construction workers to 
strike against their Chinese employer in the town of Mongomo, which led 
to a violent confrontation with police and resulted in the deaths of at 
least three of the workers. No other information was available.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct activities without interference, but the Government 
did not protect this right in practice.
    The Government and employers set wages with little or no 
participation by workers, though booming market conditions have driven 
wages to some of the highest levels in the region. There were few 
reports of organized, collective bargaining by any group; however, the 
Ministry of Labor sometimes mediated labor disputes. Dismissed workers, 
for example, could appeal to the ministry, first through their regional 
delegate; however, there was little trust in the fairness of the 
system. Citizens had a right to appeal Labor Ministry decisions to a 
special standing committee of the parliament established to hear 
citizen complaints regarding decisions by any government agency.
    There is no law prohibiting antiunion discrimination, but there 
were no reports that it occurred.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While no comprehensive child labor law has been passed, in practice a 
series of decrees and resolutions forms the basis for government 
action. The law against trafficking provides that persons found guilty 
of illegally forcing a minor to work may be punished with a fine from 
approximately 50,000 to 250,000 CFA francs ($100 to $500); however, 
child labor sometimes occurred, generally the selling of small items on 
the street or in markets.
    The legal minimum age for employment is 14 years. In most cases 
children also went to school, girls through primary school and boys 
through middle school. The employment of children is prohibited in 
street vending and car washing, though individuals continued to 
freelance in such activities.
    The Ministry of Labor is responsible for enforcing child labor 
laws.

    e. Acceptable Conditions of Work.--Enforcement of labor laws and 
ratified international labor agreements was not effective, resulting in 
poor working conditions. While the Government paid more attention to 
related issues in during the year, safety codes, for example, were not 
generally enforced. Most petroleum companies, on the other hand, 
exceeded minimum international safety standards.
    By law employers must pay the minimum wage set by the Government. 
Minimum wage in the country is set by statute and varies from sector to 
sector. Minimum wages were set for all sectors of the formal economy; 
however, the minimum wage did not provide a decent standard of living 
for a worker and family in Malabo or Bata. In the rest of the country, 
the minimum wage would provide a minimally adequate income. Many formal 
sector companies paid more than this, but many workers (e.g. farmers) 
were not covered under the minimum wage law. By law, hydrocarbon 
industry workers received salaries many times higher than those in 
other sectors, creating disparities within society and fueling 
inflation for some goods and services. The Ministry of Labor is 
responsible for enforcing minimum wage rules.
    The law prescribes a standard 35-hour workweek and a 48-hour weekly 
rest period, requirements that generally were observed in practice in 
the formal economy. Exceptions were made for some jobs, such as those 
in offshore oil industry work. Premium pay for overtime was required, 
but the requirement was not effectively enforced.
    The law provides for protection for workers from occupational 
hazards, but the Government did not effectively enforce this provision. 
The Government had an insufficient number of labor inspectors to 
oversee industry. The law does not provide workers with the right to 
remove themselves from situations that endangered health or safety 
without jeopardizing their continued employment.

                               __________

                                ERITREA

    Eritrea, with a population of approximately 5.5 million, is a one-
party state that became independent in 1993 when citizens voted for 
independence from Ethiopia. The People's Front for Democracy and 
Justice (PFDJ), previously known as the Eritrean People's Liberation 
Front, is the sole political party and has controlled the country since 
1991. The country's president, Isaias Afwerki, who heads the PFDJ and 
the armed forces, dominated the country, and the Government continued 
to postpone presidential and legislative elections; the latter have 
never been held. The border dispute with Ethiopia continued, despite 
international efforts at demarcation. The situation was used by the 
Government to justify severe restrictions on civil liberties. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government's human rights record remained poor, and authorities 
continued to commit numerous, serious abuses, including: abridgement of 
citizens' right to change their government through a democratic 
process; unlawful killings by security forces; torture and beating of 
prisoners, sometimes resulting in death; abuse and torture of national 
service evaders, some of whom reportedly died of their injuries while 
in detention; harsh and life threatening prison conditions; arbitrary 
arrest and detention, including of national service evaders and their 
family members; executive interference in the judiciary and the use of 
a special court system to limit due process; and infringement on 
privacy rights, including roundups of young men and women for national 
service and the arrest and detention of the family members of service 
evaders. The Government severely restricted freedoms of speech, press, 
assembly, association, and religion. The Government also limited 
freedom of movement and travel for expatriates, personnel of 
humanitarian and development agencies, and employees of the UN Mission 
to Eritrea and Ethiopia (UNMEE). Restrictions continued on the 
activities of nongovernmental organizations (NGOs). Female genital 
mutilation (FGM) was widespread, and there was societal abuse and 
discrimination against women, members of the Kunama ethnic group, 
homosexuals, and persons with HIV/AIDS. There were limitations on 
worker rights.
    The Government acted as a principal source and conduit for arms to 
antigovernment, extremist, and insurgent groups in Somalia, according 
to a June report issued by the UN Munitions Monitoring Group.
                        respect 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 
that the Government or its agents committed arbitrary or unlawful 
killings, including at least one politically motivated killing. The 
Government was allegedly complicit in the death of a prominent 
businessman.
    The Government continued to authorize the use of lethal force 
against individuals resisting or attempting to flee during military 
searches for deserters and draft evaders, and the practice reportedly 
resulted in deaths during the year. Several persons detained for 
evading national service died after harsh treatment by security forces. 
There were reports that individuals were severely beaten and killed 
during roundups of young men and women for national service.
    In May there were reports of summary executions and of individuals 
shot on sight near the Djibouti border, allegedly for attempting to 
flee military service. In June international news reports maintained 
that the Eritrean military shot at their own defecting soldiers who 
broke rank along the Djibouti border, instigating the Djibouti-Eritrea 
border conflict. In subsequent interviews with human rights groups, 
soldiers who broke rank claimed that the Government issued a ``shoot to 
kill'' proclamation for deserters and escapees.
    There were reports that some persons who were detained because of 
their religious affiliation died from security force abuse. The 
Government did not investigate or prosecute any report of security 
force abuse.
    According to the Government Commission for Coordination with the UN 
Peacekeeping Mission, an estimated three million landmines and 
unexploded ordnance remained from the 30-year war of independence and 
the 1998-2000 conflict with Ethiopia. Opposition groups reportedly laid 
new mines during the year. The Eritrean Demining Authority, in 
cooperation with the UN Mine Action Committee, continued demining 
activities in the Temporary Security Zone (TSZ) between Eritrea and 
Ethiopia.

    b. Disappearance.--Eritrean refugees and asylum seekers who were 
repatriated from other countries during the year reportedly 
disappeared. In June the Government of Egypt repatriated several 
hundred Eritrean refugees and asylum seekers, all of whom were returned 
to their families, according to the Government. Nevertheless, there 
were numerous reports from family members of missing individuals, 
mostly young men and women who had not completed national service. In 
May German immigration authorities returned two Eritrean nationals, 
neither of whom had been seen since their arrival in Asmara.
    At year's end the whereabouts of 11 senior PFDJ and National 
Assembly members, at least 15 journalists, and several employees of 
diplomatic missions arrested by the Government in 2001 remained 
unknown. In 2007 there were allegations that one of the 11 PFDJ 
officials had died in detention and that the rest were being held in 
solitary confinement.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law and ratified but unimplemented constitution 
prohibits torture; however, there were numerous reports that security 
forces resorted to torture and beatings of prisoners, particularly 
during interrogations. There were credible reports that several 
military conscripts died following such treatment. Security forces 
severely mistreated and beat army deserters, draft evaders, persons 
attempting to flee the country without travel documents and exit 
permits, and members of certain religious groups. Security forces 
subjected deserters and draft evaders to such disciplinary actions as 
prolonged sun exposure in temperatures of up to 120 degrees Fahrenheit 
and the binding of hands, elbows, and feet for extended periods. No 
known action was taken during the year to punish perpetrators of 
torture and abuse.
    There were reliable reports that torture was widespread in an 
unknown number of detention facilities, corroborated by prison 
escapees. For example, authorities suspended prisoners from trees with 
their arms tied behind their backs, a technique known as ``almaz'' 
(diamond). Authorities also placed prisoners face down with their hands 
tied to their feet, a technique known as the ``helicopter.''
    There were reliable reports that military officials tortured 
foreign fishermen captured in Eritrean waters.

    Prison and Detention Center Conditions.--Conditions for the general 
prison population were harsh and life-threatening. There were reports 
that prisoners were held in underground cells or in shipping containers 
with little or no ventilation in extreme temperatures. The shipping 
containers were reportedly not large enough to allow all of those 
incarcerated together to lie down at the same time.
    There were credible reports that detention center conditions for 
persons temporarily held for evading military service were also harsh 
and life-threatening. Allegations from various sources suggested there 
may be hundreds of such detainees. Draft evaders were reportedly sent 
to the Wi'a military camp, where typically they were beaten. Some were 
held as long as two years before being reassigned to their units. At 
one detention facility outside Asmara, authorities continued to hold 
detainees in an underground hall with no access to light or ventilation 
and sometimes in very crowded conditions. Some detainees reportedly 
suffered from severe mental and physical stress due to these 
conditions. There were also reports of multiple deaths at the Wi'a 
military camp due to widespread disease and lack of medical care.
    Although there is a juvenile detention center in Asmara, juveniles 
frequently were held with adults in prisons and detention centers. 
Pretrial detainees were not always separated from convicted prisoners.
    During the year the Government did not permit the International 
Committee of the Red Cross (ICRC) or any local human rights 
organizations to monitor federal, regional, or local prison conditions; 
however, the Government granted the ICRC access to Ethiopian prisoners 
of war being detained in the country.
    Authorities generally permitted convicted criminals in federal, 
regional, and local prisons three visits per week by family members; 
however, persons detained, arrested, or convicted for reasons of 
national security or for evading national service were denied family 
visits.

    d. Arbitrary Arrest or Detention.--The law and unimplemented 
constitution prohibit arbitrary arrest and detention; however, 
arbitrary arrest and detention remained chronic problems.

    Role of the Police and Security Apparatus.--Police are officially 
responsible for maintaining internal security, and the army is 
responsible for external security; however, the Government can call on 
the armed forces, the reserves, and demobilized soldiers to meet either 
domestic or external security requirements. Agents of the National 
Security Office, which reports to the Office of the President, are 
responsible for detaining persons suspected of threatening national 
security. The military has the authority to arrest and detain 
civilians. Generally police did not have a role in cases involving 
national security, but they were heavily involved in rounding up 
individuals evading national service.
    Police, who often were conscripted, were poorly paid, and 
corruption was a problem. During the year there were reports of police 
and other security forces committing crimes to supplement their income. 
Police typically used their influence as government officials to assist 
friends and family. There were reports that police demanded bribes to 
release detainees and that military forces accepted money to smuggle 
citizens out of the country. There were no mechanisms to address 
allegations of official abuse, and impunity was a problem.
    During the year the police, military, and internal security 
arrested and detained persons without due process and often used 
violence. Police forcibly arrested individuals on the street who were 
unable to present identification documents. Those in government 
national service were required to present ``movement papers'' issued by 
their offices or departments authorizing their presence in a particular 
location. Those persons who did not present ``movement papers'' were 
arrested.

    Arrest and Detention.--The law stipulates that detainees must be 
brought before a judge within 48 hours of their arrest and may not be 
held more than 28 days without being charged with a crime. In practice 
authorities often detained suspects for much longer periods. The law 
stipulates that unless there is a ``crime in progress,'' police must 
conduct an investigation and obtain a warrant prior to making an 
arrest. In cases involving national security, this process may be 
waived. In practice very few individuals were arrested with a warrant. 
Authorities did not promptly inform detainees of charges against them 
and often changed the charges during the course of detainment. 
Detainees in prisons often did not have access to counsel or appear 
before a judge, and incommunicado detention was widespread, although 
detainees in police stations generally had access to legal 
representation and family members. Authorities provided indigent 
detainees with counsel on an irregular basis. There was a functioning 
bail system, except for persons charged with national security crimes 
or crimes that could carry the death penalty.
    Security force personnel detained individuals for evading national 
service, generally for fewer than three days, and on other unspecified 
national security charges. Numerous detainees were arrested even if 
they had valid papers showing that they had completed, or were exempt 
from, national service.
    Security forces also continued to detain and arrest the parents and 
spouses of individuals who evaded national service or fled the country 
(See Section 1.f.).
    No information was available on the numerous family members 
arrested and during 2006 security force operations.
    The Government does not recognize dual nationality, and during the 
year security forces arbitrarily arrested citizens holding other 
nationalities on national security charges. There were reports that 
plainclothes agents of the National Security Office entered homes 
without warrants and arrested occupants.
    Reports also indicated that persons with connections to high-level 
officials instigated the arrest of individuals with whom they had 
personal vendettas.
    The Government continued to arbitrarily arrest persons who spoke 
out against the Government and members of nonregistered religious 
groups (See Section 2.c.).
    There were reports that the Government continued to hold without 
charge numerous members of the Eritrean Liberation Front, an armed 
opposition group that fought against Ethiopia during the struggle for 
independence.
    There were no developments in the 2002 arrests of individuals 
associated with the 11 PFDJ National Assembly members who were detained 
in 2001 or of Eritrean diplomats who were recalled from their posts. At 
least four Eritrean diplomats arrested in previous years, including 
former ambassador to China Ermias Debassai Papayo, remained in 
detention, as did Aster Yohannes, wife of former foreign minister 
Petros Solomon. Two citizens who worked for a foreign embassy have 
remained in detention without charge since 2001. One of the two 
citizens who worked for a foreign embassy and were arrested in 2005 and 
2006 remained in detention. Ten citizens employed with international 
and local NGOs remained in detention.
    The Government held numerous other detainees; however, there were 
widespread reports that it released many of them without bringing them 
to trial. The detainees included an unknown number of persons suspected 
of antigovernment speech or of association with the 11 former PFDJ 
members arrested in 2001. Suspected Islamic radicals or suspected 
terrorists also remained in detention without charge. Some have been 
detained for more than 10 years. These detainees reportedly did not 
have access to legal counsel and were not brought before a judge.
    In August the Government conducted a widespread round-up of 
citizens employed by local and international NGOs. Soldiers reportedly 
invaded NGO compounds, rounding up dozens of local employees. Many of 
these employees were later released; 10 remained in custody and were 
reportedly transferred to the Adi Abieto prison. At year's end they 
remained in detention.

    e. Denial of Fair Public Trial.--The law and unimplemented 
constitution provide for an independent judiciary; however, the 
judiciary was weak and subject to executive control. Judicial 
corruption remained a problem. The judicial process was influenced by 
patronage of former fighters who in many cases were judges themselves. 
Executive control of the judiciary continued; the Office of the 
President served as a clearinghouse for citizens' petitions to the 
courts or acted for the courts as arbitrators or facilitators in civil 
matters. The judiciary suffered from a lack of trained personnel, 
inadequate funding, and poor infrastructure that limited the 
Government's ability to grant accused persons a speedy and fair trial. 
Public trials were held, but no cases involving individuals detained 
for national security or political reasons were brought to trial. The 
drafting into national service of many civilian court administrators, 
defendants, judges, lawyers, and others involved in the legal system 
continued to have a significant negative impact on the judiciary. The 
Government has not issued licenses to lawyers wishing to enter private 
practice for nine years.
    The text of the constitution was completed and ratified by the 
National Assembly in 1997. It contains provisions intended to promote 
fair trials; however, the constitution has not been implemented. The 
judicial system consists of civilian courts and ``special courts.'' The 
civilian court system includes community courts, regional courts, and 
the High Court, which also serves as an appellate court. Appeals can be 
made in the civilian courts up to the High Court. Minor infractions 
involving sums of less than approximately 110,000 nakfa ($7,300) are 
brought to community courts. More serious offenses are argued before 
regional courts, but the High Court is the court of first instance for 
a significant proportion of cases involving murder, rape, and other 
felonies. A single judge hears all cases except those argued before the 
High Court, where panels of three judges hear cases. A panel of five 
judges hears cases in which the High Court serves as the court of final 
appeal.
    The executive-controlled special courts issue directives to other 
courts regarding administrative matters, although their domain was 
supposed to be restricted to criminal cases involving capital offenses, 
theft, embezzlement, and corruption. The Office of the Attorney General 
decides which cases are to be tried by a special court. No lawyers 
practice in the special courts. The judges serve as the prosecutors and 
may request that individuals involved in the cases present their 
positions. The special courts, which do not permit defense counsel or 
the right of appeal, allowed the executive branch to mete out 
punishment without regard for due process. Most trials in special 
courts were not open to the public.
    Many civilian and special court judges are former senior military 
officers with no formal legal training. They generally based their 
decisions on ``conscience'' without reference to the law. There was no 
limitation on punishment, although the special courts did not hand down 
capital punishment sentences during the year. The attorney general 
allowed special courts to retry civilian court cases, including those 
decided by the High Court, thereby subjecting defendants to double 
jeopardy. In rare instances appeals made to the Office of the President 
reportedly resulted in special courts rehearing certain cases.
    Most citizens' only contact with the legal system was with the 
traditional community courts. In these courts judges heard civil cases, 
while magistrates versed in criminal law heard criminal cases. 
Customary tribunals were sometimes used to adjudicate local civil and 
criminal cases. The Ministry of Justice offered training in alternative 
dispute resolution to handle some civil and criminal cases.
    Shari'a law for family and succession cases could be applied when 
both litigants in civil cases were Muslims. In these cases, the 
sentences imposed could not involve physical punishment.

    Trial Procedures.--The law and unimplemented constitution provide 
specific rights to defendants in the regular court system. Defendants 
have the right to be present and to consult with an attorney; however, 
many defendants lacked the resources to retain a lawyer, and government 
legal aid was limited to defendants accused of serious crimes 
punishable by more than 10 years in prison. Only in the High Court do 
the defendants have the right to confront and question witnesses, 
present evidence, gain access to government-held evidence, appeal a 
decision, and enjoy the presumption of innocence; these rights were 
upheld in practice. Rural courts followed customary law rather than 
constitutional law and were headed by rural elders or elected 
officials. Smaller cases in rural areas were encouraged to be 
reconciled outside the court system, while more substantial cases were 
reserved for the courts. These safeguards do not apply in the special 
courts. Trials were open to the public but were not heard by a jury; 
they were heard by a panel of judges.

    Political Prisoners and Detainees.--There were no confirmed reports 
of political prisoners; however, several hundred individuals were 
detained beginning in 2001 for political reasons. Many were perceived 
to have ties to political dissidents or were believed to have spoken 
against government actions. Most of these detainees had not been tried 
and did not have access to legal counsel. The ICRC was not authorized 
to visit these detainees, and no information was available of their 
condition or circumstances of detention.

    Civil Judicial Procedures and Remedies.--There are no civil 
judicial procedures for individuals claiming human rights violations by 
the Government. For the majority of citizens there were few remedies 
available for enforcing domestic court orders; however, persons 
affiliated with the executive branch, former fighters, and persons with 
wealth could use their influence with the court to secure civil 
remedies before the law.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law and unimplemented constitution prohibit such 
actions; however, the Government did not respect these rights in 
practice.
    The Government deployed military and police throughout the country, 
using roadblocks, street sweeps, and house-to-house searches to find 
deserters and draft evaders. Security forces continued to detain and 
arrest parents of individuals who evaded national service duties or 
fled the country, along with their family members; however, unlike in 
previous years, there were no reports that such parents were fined or 
forced to turn their children in to the Government. Government 
officials entered households and confiscated the property and livestock 
of draft evaders.
    Additionally, there were reports of security forces arresting 
persons whose expatriate family members did not pay their 
extraterritorial income tax.
    There were reports that security forces targeted gatherings of 
unregistered religious groups, regularly searched their homes, and 
detained their members. There were also reports the Government 
sometimes seized the property of registered religious groups (See 
Section 2.c.).
    The Government monitored mail, e-mail, and telephone calls without 
obtaining warrants as required by law. Government informers were 
believed to be present throughout the country.
    There were reports that military and government officials seized 
residences and businesses belonging to private citizens and religious 
organizations and subsequently housed the families of senior military 
officers or government officials in the properties, used them for 
government or military functions, or reassigned ownership to government 
and military officials.
    During the year the Government demanded that departing NGOs hand 
over paperwork and documents to government officials. After the forced 
closure of several NGOs in 2005 and 2006, the Government required that 
all NGO property be turned over to it, including such items as 
computers, printers, and vehicles.
    In September 2007 government agents forcibly removed residents from 
their property in the Um Hajer and Goloj areas and the Gash Barka 
region; the property was then transferred to other settlers. The 
Government failed to compensate foreigners for property taken by 
preindependence governments or to restore their property to them.
    In 2006 the Government reportedly forcibly resettled individuals 
residing in Massawa based on professed concerns for the security of the 
president. Individual houses and businesses were demolished without 
adequate compensation.
    During the year the Government denied parents permission to visit 
their minor children in Sawa Academy, an isolated and remote 
government-run school for all 12th grade students.
    While membership in the PFDJ, the Government's only sanctioned 
political party, was not mandatory for all citizens, the Government 
coerced membership for certain categories of individuals, particularly 
those occupying government positions or assigned through national 
service to serve in government institutions. All citizens were forced 
to attend PFDJ indoctrination meetings irrespective of membership, and 
there were reports of threats to withhold the ration cards of those who 
did not attend. There were reports that similar meetings were mandatory 
for Eritrean communities abroad, with names of those not in attendance 
being reported to government officials. There were also reports that 
the Government oppressed individuals who previously belonged to parties 
that were pro-Ethiopian prior to independence.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law and unimplemented 
constitution provide for freedom of speech and of the press; however, 
the Government severely restricted these rights in practice. Citizens 
did not have the right to criticize their government in public or in 
private, and some who did so were arrested or detained. The private 
press remained banned, and most independent journalists remained in 
detention or had fled the country, which effectively prevented any 
public and media criticism of the Government. The Government 
intimidated the remaining journalists into self-censorship.
    The Government controlled all media, which included three 
newspapers, three radio stations, and two television stations. The law 
does not allow private ownership of broadcast or other media. The 
Government banned the import of foreign publications; however, 
individuals were permitted to purchase satellite dishes and subscribe 
to international media. The Government had to approve publications 
distributed by religious or international organizations before their 
release, and the Government continued to restrict the right of 
religious media to comment on politics or government policies. The 
press law forbids reprinting of articles from banned publications. The 
Government also required diplomatic missions to submit all press 
releases for approval before their publication in the Government media.
    The Government permitted three reporters representing foreign news 
organizations (AFP, Reuters, Al-Jazeera) to operate in the country; 
however, it frequently prevented them from filing stories with their 
news organizations.
    The Government created administrative obstacles one international 
journalist in February for not revealing his sources. The journalist 
was eventually forced to leave.
    The Swedish reporter who was held by the Government for nearly four 
years, released for medical treatment in 2005 and detained again a few 
days later, remained in detention without charge at year's end.
    At least 15 local journalists who were arrested in 2001 remained in 
government custody at year's end. According to the NGO Reporters 
Without Borders on January 11, former journalist Fessehaye ``Joshua'' 
Yohannes, who had been detained since 2001 for publishing an open 
letter critical of the president, died as a result of life-threatening 
conditions in the Eiraeiro prison.
    According to Reporters Without Borders, journalists who remained in 
detention at year's end included: Eri-TV journalists Ahmed ``Bahja'' 
Idris, Johnny Hisabu, Senait Tesfay, Fathia Khaled, and Amir Ibrahim; 
Radio Dimtsi Hafash employees Daniel Mussie and Temesghen Abay; and 
Yemane Haile of the Eritrean News Agency. All those detained, except 
Hisabu, who was held in a detention center in Barentu, were reportedly 
held in a police-run complex in Asmara known as Agip.
    Some of the nine Ministry of Information journalists arrested in 
2006 were released in 2007, and others remained in detention at year's 
end.

    Internet Freedom.--There were no official restrictions on the use 
of the Internet; however, all Internet service providers were required 
to use government-controlled Internet infrastructure to provide 
service. The Government owned, either directly or through high-ranking 
PFDJ party members, the three Internet service providers. In urban 
areas, individuals were able to access the Internet through Internet 
cafes for a fee or through an at-home service provider. There were 
reports that the Government monitored Internet communications.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom. In the academic context it did not respect freedom of 
speech, students' freedom of movement, or the right to assemble.
    The Government issued a directive in 2002 that reorganized the 
University of Asmara, which effectively shut down the university's 
undergraduate programs. As a result, prospective students have not been 
allowed to enroll in the university and instead were directed by the 
Government to attend the Mai Nafhi Technical Institute. Students 
finishing high school were not permitted to choose their next course of 
study and were assigned to specific vocational programs based on their 
performance on the matriculation exam, but only those students 
completing military training at Sawa or receiving a medical waiver were 
allowed to sit for the exam. A few graduate-level programs remained at 
the university; however, the law school was effectively closed, as new 
students were not permitted to enroll.
    In 2007, 78 graduates of Asmara University issued a statement of 
concern regarding the Government's efforts to blackmail students and 
graduates.
    The Government denied exit visas to many students who wanted to 
study abroad. University academics who wished to travel abroad for 
further study or training were required to seek permission in advance 
from the university president and the Government.
    The Government monitored and controlled which films were shown at 
the cinema. International film festivals were closely monitored, and 
all films had to be approved by the Government.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Peaceful Assembly.--The law and unimplemented constitution provide for 
freedom of assembly and association; however, the Government did not 
permit freedom of assembly or association. For gatherings of more than 
three persons, the Government required those assembling to obtain a 
permit, although this requirement was enforced sporadically. No 
information was available on the 40 women and elders who were arrested 
in 2006 when they gathered at the presidential palace in Asmara to ask 
for information about their husbands and family members, who had been 
detained in retribution for their children fleeing the country to evade 
national service; security forces arrested the women and elders for not 
having a permit to assemble.

    Freedom of Association.--The law and unimplemented constitution 
provide for freedom of association; however, in practice the Government 
did not respect these rights.
    The Government did not allow the formation of any political parties 
other than the PFDJ.

    c. Freedom of Religion.--The law and unimplemented constitution 
provide for freedom of religion; however, the Government restricted 
this right in practice. Only the four religious groups whose 
registrations had been approved by the Government (Orthodox Christian, 
Muslims, Catholics, and Lutherans) were allowed to meet legally during 
the year. Security forces continued to abuse, arrest, detain, and 
torture members of nonregistered churches; at times such abuse resulted 
in death.
    During the year there continued to be reports that security forces 
used extreme physical abuse such as bondage, heat exposure, and 
beatings to punish those detained for their religious beliefs. Numerous 
detainees were reportedly required to sign statements repudiating their 
faith or agreeing not to practice it as a condition for release. There 
also continued to be reports that relatives were asked to sign for 
detainees who refused to sign such documents. During the year a woman 
died from lack of medical attention while in the Wi'a military camp.
    In October there were allegations that government authorities 
confiscated and burned more than 1,500 Bibles from incoming military 
trainees. Those who protested the burning were allegedly locked in 
metal shipping containers.
    In November a member of the Full Gospel Church died at the Wi'a 
Military Training Center when refused malaria medications. This is 
reportedly the second death of the year due to withholding of malaria 
medications, a practice security forces have allegedly used to force 
trainees to recant their faith.
    In December the Government arrested more than 17 leaders of 
``noncompliant'' religious groups, including a prominent doctor.
    In November credible reports stated the Government arrested more 
than 110 evangelical Christians, including members of the Kalet Hiwot 
Church, the Full Gospel Church, and the Church of the Living God.
    During the year the Government seized the property of registered 
religious groups. For example, in June the Government seized property 
belonging to the Catholic Church and ordered employees to vacate the 
building.
    During the year there were reliable reports that Eritrean 
government officials in Kenya sanctioned the intimidation and 
harassment of an Eritrean religious official in Kenya.
    The Government arrested 19 Jehovah's Witnesses during the year. The 
Government is actively seeking the arrest of additional members.
    During the year there were credible reports of government officials 
being complicit in the physical abuse and torture of an Eritrean 
religious official in Nairobi. The same government officials were also 
reportedly responsible for threatening church members and seizing 
church funds. There were additional reports of the Government being 
responsible for the deposing and the unknown whereabouts of three 
former Orthodox priests in Nairobi.
    There were no developments in the September 2007 report that 
government officials tortured to death a woman who had been detained 
for more than 18 months at Wi'a Military Training Center because of her 
refusal to sign a letter renouncing her faith.
    During the year there were reports that hundreds of followers of 
various unregistered churches (mostly Protestant) were detained, 
harassed, and abused. Many of those detained were held in military 
prisons for not having performed required national military service. 
Several pastors and dozens of women were among the imprisoned. Several 
were released after recanting their faith; however, many refused to 
recant and continued to be detained in civilian and military detention 
facilities across the country. While some were detained for short 
periods of time and released, approximately 3,000 individuals remained 
in detention at year's end because of their religious affiliation, 
according to the NGO Compass Direct.
    In May the Government issued religious officials from the four 
recognized religious groups a set number of identification cards and 
exempted them from military service requirements. Officials who were 
not awarded a card were told to report immediately for military 
training.
    In November 2007 the Government refused to renew residence and work 
permits for 12 foreign Catholic sisters and priests and ordered them to 
leave the country. An official characterized the order as a routine 
immigration issue not related to the freedom and independence of the 
Catholic Church. Foreign Catholic sisters continued to face difficulty 
in obtaining entry visas. As of December the last foreign Catholic 
sister had left the country. There were also reports of Catholic Church 
property being confiscated by the Government (See Section 1.e.).
    The Government effectively remained in charge of the Eritrean 
Orthodox Church. In 2006 the Holy Synod, under government pressure, 
deposed Patriarch Abune Antonios of the Eritrean Orthodox Church on 
charges that he had committed heresy and was no longer following church 
doctrine. The synod selected a new patriarch, Dioscoros. Deposed 
Patriarch Antonios remained under house arrest and at year's end 
continued to challenge the circumstances of Patriarch Dioscoross 
selection. The lay administrator appointed by the Government in 2005 
remained the de facto head of the church; the administrator was neither 
a member of the clergy nor an appointee of the patriarch, as required 
by the constitution of the Eritrean Orthodox Church.
    In 2006 the Government established the practice of taking 
possession of the weekly offerings given by parishioners to the 
Orthodox Church. The Government-appointed lay administrator of the 
Orthodox Church claimed that the Government used the money from the 
offerings to pay priests and provide alms for the poor.
    In 2006 two men died from injuries and severe dehydration in a 
military camp outside the town of Adi Quala, where they were held for 
conducting a religious service in a private home.
    The Government also continued to monitor, harass, threaten, and 
arrest members of the Orthodox Medhane Alem group, whose religious 
services it had not approved.
    There were reports that the Government in 2006 ordered the Kale 
Hiwot church to surrender all of its property to the Government.
    The Government prohibited political activity by religious groups 
and faith-based NGOs. The Governments Office of Religious Affairs 
monitored compliance with this proscription.
    The Government continued to harass, detain, and discriminate 
against Jehovah's Witnesses because of their refusal, on religious 
grounds, to vote in the independence referendum and the refusal of some 
to perform national service. Although members of several religious 
groups, including Muslims, reportedly have been imprisoned in past 
years for failure to participate in national military service, the 
Government singled out Jehovah's Witnesses for harsher treatment than 
that received by followers of other faiths for similar actions. In the 
past the Government dismissed members of Jehovah's Witnesses from the 
civil service, and many were evicted from, or not allowed to occupy, 
government housing. Members of Jehovah's Witnesses frequently were 
denied passports and exit visas, and some had their identity cards 
revoked or did not receive them at all.

    Societal Abuses and Discrimination.--There were negative societal 
attitudes toward members of nonregistered religious organizations. Some 
citizens approved of the strict official measures levied against 
unsanctioned churches, especially Pentecostal groups and Jehovah's 
Witnesses.
    There was a very small Jewish population; there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    . Freedom of Movement, Internally Displaced Persons, Protection or 
Refugees, and Stateless Persons.--The law and unimplemented 
constitution provide for freedom of movement, foreign travel, 
emigration, and repatriation; however, the Government restricted some 
of these rights in practice. While citizens could generally travel 
freely within the country and change their place of residence, the 
Government restricted travel to some areas within the country, 
particularly along the borders with Sudan and Ethiopia. In August the 
Government suspended exit visas and passport services to its citizens. 
By year's end the Government provided document and travel service only 
to known government loyalists. The Government did not accept 
applications from persons requiring judgments from an adjudicator. Many 
persons who previously were issued passports were not allowed to renew 
them, nor were they granted exit visas. Military police periodically 
set up roadblocks in Asmara and on roads between cities to find draft 
evaders and deserters. Police also stopped persons on the street and 
forcibly detained those who were unable to present identification 
documents or movement papers showing they had permission to be in that 
area.
    Travel restrictions imposed in 2006 on noncitizens remained in 
effect. All diplomats, humanitarian organizations and UN staff, and 
foreign tourists were required to obtain advance permission from the 
Government to leave Asmara. Travel restrictions were enforced by 
military checkpoints. Travel permission was not a transparent process. 
While some foreign nationals obtained permission to travel to certain 
locations, the Government refused to issue travel permits to others 
traveling to the same place. The Government often failed to respond to 
requests for travel authorization.
    In May the Government cut off fuel supplies for international NGOs. 
Similar restrictions were placed on UN agencies in April. These 
restrictions have prevented the NGOs from visiting project sites, 
implementing new projects, or carrying out resettlements.
    Citizens and some foreign nationals were required to obtain exit 
visas to depart the country. There were numerous cases where foreign 
nationals were delayed in leaving for up to two months when they 
applied for an exit visa. Persons routinely denied exit visas included 
men up to the age of 54, regardless of whether they had completed 
national service; women under the age of 47; members of Jehovah's 
Witnesses; and other persons out of favor with, or seen as critical of, 
the Government. In 2006 the Government began refusing to issue exit 
visas to children 11 years and older. The Government also refused to 
issue exit visas to children, some as young as five years of age, 
either on the grounds that they were approaching the age of eligibility 
for national service or because their expatriate parents had not paid 
the two percent income tax required of all citizens residing abroad. 
Some citizens were given exit visas only after posting bonds of 
approximately 150,000 nakfa ($10,000).
    The law has no provisions concerning exile, and the Government 
generally did not use it.
    The Government does not recognize dual citizenship; therefore, all 
persons of Eritrean descent are citizens. In general citizens had the 
right to return; however, citizens had to show proof that they paid the 
2 percent tax on foreign earned income to be eligible for some 
government services, including exit visas upon their departure from the 
country. Applications to return to the country filed by 'citizens' 
living abroad were considered on a case-by-case basis if the applicant 
had broken the law, contracted a serious contagious disease, or was 
declared ineligible for political asylum by other governments.
    During the year, in conjunction with the ICRC, the Government 
repatriated approximately 1,023 Ethiopians; and 27 citizens were 
repatriated from Ethiopia.

    Internally Displaced Persons (IDPs).--Approximately 19,000 IDPs 
from the conflict with Ethiopia were permanently resettled during the 
previous year. Approximately 6,625 IDPs remained in two camps in the 
Debub zone, and approximately 1,250 refugees remained in an IDP camp in 
the Southern Red Sea Zone. There also was a large but unknown number of 
IDPs residing outside camps during the year. The Government allowed UN 
organizations to provide assistance to IDPs. During the year all 
remaining IDPs were resettled, although some remained living in tents.

    Protection of Refugees.--The law and unimplemented constitution do 
not provide for the granting of asylum or refugee status in accordance 
with the 1951 UN Convention relating to the Status of Refugees and its 
1967 protocol, and the Government did not establish a system for 
providing protection to refugees. As a result the Government cannot 
provide legal refugee or asylum status; however, in practice the 
Government provided some protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened 
and provided temporary protection to approximately 135 persons from 
Sudan and 4,789 persons from Somalia on a prima facie basis. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) in assisting refugees who were not from Ethiopia. 
Credible reports indicated that the Government provided resources to 
Ethiopian refugees only if the refugees joined Ethiopian opposition 
groups. Ethiopian refugees who did not join opposition groups were 
reportedly harassed by government officials.
    The Government required noncitizens to pay an annual fee for a 
residency card; there was no discrimination regarding nationality. The 
fee was 500 nakfa ($34), which was used to demonstrate that a foreigner 
was not indigent. If the foreigner could not pay the fee he was first 
referred to the ICRC for repatriation, but if he refused repatriation, 
he was incarcerated for 60 days, at which point the cycle began again.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law and unimplemented constitution provide citizens with the 
right to change their government peacefully; however, citizens were not 
allowed to exercise this right in practice.

    Elections and Political Participation.--The Government came to 
power in a 1993 popular referendum in which voters chose to have an 
independent country managed by a transitional government; however the 
transitional government has not permitted the formation of a democratic 
system. The Government twice scheduled elections in accordance with the 
constitution but cancelled them without explanation. An official 
declaration in 2003 claimed that ``in accordance with the prevailing 
wish of the people it is not the time to establish political parties, 
and discussion of the establishment has been postponed.'' Government 
officials also state that implementation of the constitution is not 
possible until the border demarcation with Ethiopia is finalized. 
During the year the president claimed in an Al-Jazeera interview that 
elections might not take place for another 30 or 40 years. The country 
is a one-party state. Power rests with the PFDJ and its institutions. 
At times the Government coerced membership in the PFDJ.
    Women held three ministerial positions in the Government: Minister 
of Justice, Minister of Labor and Human Welfare, and Minister of 
Tourism. Women also served in other senior government positions such as 
mayors and regional administrators.
    There was no information on whether members of ethnic minorities 
were on the PFDJs Executive Council or served on the Central Council. 
Some senior government and party officials were members of minority 
groups such as the Tigre.

    Government Corruption and Transparency.--The World Bank's 2008 
governance indicators reflected that corruption was a problem. There 
were reports of petty corruption within the executive branch, largely 
based on family connections. There were allegations of corruption among 
military leaders involving illicit trade and the appropriation of 
houses. There were reports that individuals requesting exit visas or 
passports had to pay bribes.
    In the past the Government has seized successful private companies 
and turned them over to the party or to the Government. Individuals 
were not compensated for these seizures. During the year the Government 
also seized crops and other foodstuffs from individuals and turned them 
over to the party.
    Although the law and unimplemented constitution provide for public 
access to government information, the Government did not provide 
information to either citizens or noncitizens.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A few domestic rights groups and international humanitarian groups 
operated throughout the country, but with government interference and 
restriction. All NGOs, regardless of their scope of work, were required 
to register with the Ministry of Labor and Human Welfare. In 2005 the 
Government issued a law requiring NGOs to reregister under new 
guidelines to continue operating. The new guidelines require 
international NGOs to maintain two million dollars in the local bank. 
Many failed to receive government approval under the registration 
process and were required to leave the country. In 2006 the Government 
asked five NGOs-Mercy Corps, ACCORD, Samaritans Purse, International 
Rescue Committee, and Concern-to close operations and depart the 
country, which they did.
    During the year the Government allowed three ruling party-aligned 
domestic rights NGOs--Citizens for Peace in Eritrea, Eritrean War 
Disabled Fighters Association, and Vision Eritrea, Inc.--to operate.
    At the beginning of the year nine international humanitarian 
organizations were operational; however, during the year CARE and Dutch 
Interchurch Aid departed the country citing obstruction and harassment 
from the Government. The Government permitted only one international 
humanitarian organization, the ICRC, to operate effectively, and 
limited it strictly to operations such as repatriation, providing 
shelter to approximately 500 families displaced by the conflict with 
Ethiopia, visiting prisons and detention centers where Ethiopians were 
held, and providing assistance to Internally Displaced Persons. At 
year's end there were seven registered international NGOs.
    In 2006 authorities announced that all food assistance would 
henceforth be provided through a cash-for-work program. Simultaneously, 
the Government redirected over eighty thousand metric tons of food 
belonging to the World Food Program (WFP) and other donors to its own 
programs. An accounting of the distribution of this food was not 
provided by year's end. In keeping with the new policy, the Government 
did not permit general humanitarian food distribution by NGOs or by the 
WFP, although it allowed the UN Children's Fund (UNICEF) to continue 
its supplemental feeding programs, and supplemental feeding and 
hospital feeding programs continued under the supervision of the 
Ministry of Health. By requiring NGOs and UN organizations to obtain 
permission to travel outside the capital, the Government effectively 
controlled access by relief organizations to the rural areas. The 
status of school feeding programs was unknown at year's end.
    The Government allowed UN organizations to provide assistance to 
IDPs. By year's end the Government had not returned the 45 vehicles it 
had seized in 2005 from the UNHCR.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law and unimplemented constitution prohibits discrimination 
against women, persons with disabilities, and discrimination based on 
race, language, and social status, and the Government generally 
enforced these provisions; however, during the year the Government 
provided privilege to former ``revolutionary fighters'' and granted 
them access to business opportunities, trade imports, and expropriated 
property from non-fighters.

    Women.--Rape is a crime; however, it is unclear whether spousal 
rape is illegal. There was no information available on the prevalence 
of rape. Authorities often responded to reports of rape by encouraging 
the perpetrator to marry the victim.
    Violence against women was pervasive. Domestic violence is a crime; 
however, domestic violence cases were rarely brought to trial, and 
there were no legal penalties enshrined into law. Women seldom openly 
discussed domestic violence because of societal pressures. Such 
incidents were more commonly addressed, if at all, within families or 
by clergy. The authorities' response to domestic violence was hindered 
by a lack of trained personnel, inadequate funding, and unsupportive 
societal attitudes.
    Prostitution is illegal but was a serious problem. Security forces 
occasionally followed women engaged in prostitution and arrested those 
who had spent the night with a foreigner.
    Sexual harassment is illegal; however, cultural norms prevented 
women from reporting these types of incidents, and no one was charged 
or prosecuted for sexual harassment.
    Women have a legal right to equal educational opportunities, equal 
pay for equal work, and equal property rights; however, in practice men 
retained privileged access to education, employment, and control of 
economic resources, particularly in rural areas. Women generally did 
not enjoy a social status equal to men.
    The law requires that women from 18 to 47 years of age participate 
in national service. During the year the Government continued efforts 
to detain female draft evaders and deserters. According to reports, 
some women drafted for national service were subject to sexual 
harassment and abuse.
    The National Union of Eritrean Women (NUEW), Ministry of Labor and 
Human Welfare, and Ministry of Health are the primary government 
offices responsible for ensuring legal rights of women. Economic 
discrimination against women was not a problem, despite the social 
discrepancies.

    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.
    Education through grade seven is compulsory and tuition free; 
however, students were responsible for uniforms, supplies, and 
transportation, which was prohibitively expensive for many families. 
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 estimates by the Ministry of Education, the net enrollment 
rate of school-age children in the 2003-04 school year was 
approximately 43 percent; the gross elementary (grades one to five) 
enrollment rate was 71.7 percent. Approximately 75 percent of the 
population was illiterate. In rural areas young girls usually left 
school early to work at home.
    The Government required all students who reached the final year of 
secondary school to attend school at a location adjacent to the Sawa 
military training facility in the western section of the country. 
Students who did not attend this final year did not graduate and could 
not sit for examinations that determined eligibility for advanced 
education. The remote location of this boarding school, security 
concerns, and societal attitudes reportedly resulted in many female 
students not enrolling for their final year; however, women could earn 
an alternative secondary school certificate by attending night school 
after completing national service. Many students elected to repeat 
grades or dropped out of high school after the 11th grade to avoid 
forced conscription into the Sawa military education.
    During the year 10th and 11th graders from a technical high school 
were not allowed to finish their school terms. Instead, they were 
mandated to become instructors at Sawa.
    There are no laws against child abuse and no government programs to 
combat the problem. Physical punishment was widespread and socially 
accepted.
    An estimated 89 percent of girls had undergone FGM. Almost all 
ethnic and religious groups in the country practiced FGM, despite 
extensive government efforts to curb the practice. In the lowlands, 
infibulation-the most severe form of FGM-was practiced. In March 2007 
the Government issued a proclamation declaring FGM a crime and 
prohibited its practice. The Government and other organizations, 
including the NUEW and the National Union of Eritrean Youth and 
Students, sponsored a variety of education programs during the year 
that discouraged the practice.
    The legal minimum age for marriage for both men and women is 18, 
although religious entities may bless marriages at younger ages. UNICEF 
reported that child marriage occurred in the west and in coastal areas.

    Child Soldiers.--All students spend their last year of high school 
at the military training camp in Sawa. Attendance at Sawa is compulsory 
and those who do not attend remain at risk of arrest. Students at Sawa 
are typically 18 or older, although a fair percentage are as young as 
16. The initial three months of June through August are spent 
undergoing military training. Students who receive poor grades in high 
school have in the past been sent to the Wi'a military training camp in 
lieu of being allowed to complete the academic year. It is not known if 
rebel groups within the country recruit soldiers under the age of 18.
    The law criminalizes child prostitution, pornography, and sexual 
exploitation; however, there were reports that children participated in 
prostitution.
    During the year humanitarian groups and interlocutors anecdotally 
noted an increase from previous years in the amount of street children 
due in part to an increase in economic hardship. The Government did not 
provide services to abate the increase. Further, there were no known 
reports of security forces abusing the children.

    Trafficking in Persons.--The law and unimplemented constitution 
prohibit trafficking in persons, and there were no reports that persons 
were trafficked to, from, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law and unimplemented constitution 
prohibit discrimination against persons with disabilities in 
employment, education, or in the provision of other state services, and 
there were no reports of discrimination in practice. The Government 
dedicated substantial resources to support and train the thousands of 
men and women with physical disabilities that resulted from the war for 
independence and the conflict with Ethiopia. There are no laws 
mandating access for persons with disabilities to public thoroughfares 
or public or private buildings, but many newly constructed buildings 
provided such access. The Ministry of Labor and Human Welfare was 
responsible for the rights of 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. Societal abuse of 
Ethiopians occurred, but there were fewer reports of such abuse than in 
the previous year.

    Other Societal Abuses and Discrimination.--Homosexuality is 
illegal, and homosexuals faced severe societal discrimination. The 
Government openly expressed a severe paranoia against homosexuals, 
accusing foreign governments of promoting the practice in order to 
undermine the Government. There were no known official discriminatory 
practices against civilians, although there were uncorroborated reports 
that known homosexuals in the military were subjected to severe abuse.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
legal right to form and join unions to protect their interests; 
however, some government policies restricted free association or 
prevented the formation of some unions, including within the civil 
service, military, police, and other organizations providing essential 
services. All unions, including the Teacher's Union, Women's Union, 
Youth's Union, and Worker's Union, were run by the Government. 
Membership in these unions was required. The Government did not 
encourage the formation of independent unions by employees of private 
businesses. Union leaders were typically government employees, and 
union activities were generally government sanctioned. 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; 
however, the Government did not approve the formation of any unions.
    The law allows strikes; however, all unions were closely aligned 
with the Government and thus did not exercise or promote the right to 
strike.
    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and collective 
bargaining is allowed. In practice all unions are subservient to the 
Government, which sets wages for union workers, employees of PFDJ-owned 
enterprises, and government employees. Wages are set independently in 
the small private sector, although workers are not allowed to organize 
independently.
    Since most businesses were government-owned, unions did not 
experience antiunion discrimination.
    The Export Processing Zone, authorized in 2006 to attract foreign 
and local investors, was not operational by year's end.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that some citizens between the ages of 18 and54 performed 
compulsory labor during the year. Nearly all persons between the ages 
of 18 and 54 by law were subjected to national service; however, during 
the year many were demobilized after they completed their requirement, 
or were found medically unfit. The criteria for demobilization was 
unclear and allowed the Government to arbitrarily recall citizens or 
deny them key rights as freedom of movement.
    The Government required all men between the ages of 18 and 50 and 
women between the ages of 18 and 47 to participate in the national 
service program, which included military training and civilian work 
programs. Increasing reports indicate citizens were enlisted in the 
national service for many years below minimum-wage rates with no 
prospective end date. The Government justifies its open-ended draft on 
the basis of the undemarcated border with Ethiopia. Some national 
service members were assigned to return to their civilian jobs while 
nominally kept in the military because their skills were deemed 
critical to the functioning of the Government or the economy. These 
individuals continued to receive only their national service salary; 
the Government required them 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. Draft 
evaders often were used as laborers on government development projects.
    During the year there were no reports of forced child labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although the Government has a national plan of action to protect 
children from exploitation in the workplace, it was not enforced 
effectively, and child labor occurred. The legal minimum age for 
employment is 18 years, although apprentices may be hired at age 14. 
The law prohibits children, young workers, and apprentices under age 18 
from performing certain dangerous or unhealthy labor, including working 
in transport industries, working in jobs involving toxic chemicals or 
dangerous machines, and working underground, 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 children could be 
seen in auto mechanic outfits working in car repair shops. Some 
children worked as street vendors of cigarettes, newspapers, or chewing 
gum to either supplement household income or at the behest of older 
children. There were no known instances of forced child labor.
    There were no known reports of children engaged in the worst forms 
of child labor; however in urban areas children were engaged in auto 
and bicycle repair or transport of grain/goods via donkey carts. In 
rural areas children assisted with farming corn, wheat, sorghum, and 
other grains.
    Labor inspectors from the Ministry of Labor and Human Welfare are 
responsible for enforcing child labor laws, but inspections were 
infrequent and enforcement of child labor laws was ineffective.
    Some of the major programs implemented to prevent child labor 
include government preschool services in rural and urban areas and 
academic and vocational training.

    e. Acceptable Conditions of Work.--The minimum wage in the civil 
service sector of 360 nakfa ($24) per month did not provide a decent 
standard of living for a worker and family. Most persons in national 
service and the service industry made less than the minimum wage. For 
instance, police officers earn between 50 and 400 nakfa per month 
(between $3.33 and $26.67). The Government did not enforce the minimum 
wage law. There is no legally mandated minimum wage in the private 
sector.
    The standard workweek is 44.5 hours, but many persons worked fewer 
hours. Workers are entitled to one rest day per week; most workers were 
allowed one to one and one-half days off per week. There are no 
prohibitions against excessive overtime. Citizens are legally entitled 
to overtime, except for those employed under national service; however, 
citizens were rarely forced to work more than the 44..--hour work week.
    The Government has instituted occupational health and safety 
standards, but inspection and enforcement varied widely among 
factories. In practice some workers were permitted to remove themselves 
from dangerous work sites without retaliation.
    During the year there was no known discrimination against foreign 
or migrant workers.

                               __________

                                ETHIOPIA

    Ethiopia is a federal republic led by Prime Minister Meles Zenawi 
and the ruling Ethiopian People's Revolutionary Democratic Front 
(EPRDF) coalition. The population was approximately 77 million. In the 
2005 parliamentary elections, the EPRDF won a third consecutive five-
year term. In local and by-elections held in April the EPRDF and allied 
parties won virtually all of the more than three million seats 
contested, severely diminishing opportunities for mainstream political 
opposition. Prior to the vote, ruling coalition agents and supporters 
used coercive tactics and manipulation of the electoral process, 
including intimidation of opposition candidates and supporters. 
Political parties were predominantly ethnically based, and opposition 
parties remained fractured. During the year fighting between government 
forces, including local militias, and the Ogaden National Liberation 
Front (ONLF), an ethnically based, nationalist, insurgent movement 
operating in the Somali Region, resulted in continued allegations of 
human rights abuses by all parties, particularly diversion of food aid 
from intended beneficiaries suffering from a severe drought. Although 
there were fewer reports of extrajudicial killings and other similar 
human rights violations in the Ogaden than the previous year, 
nongovernmental organizations (NGOs) and others reported persistent 
abuses. While civilian authorities generally maintained effective 
control of the security forces, there were numerous instances in which 
elements within those forces acted independently of government 
authority.
    Human rights abuses reported during the year included limitations 
on citizens' right to change their government in local and by-
elections; unlawful killings, torture, beating, abuse, and mistreatment 
of detainees and opposition supporters by security forces, usually with 
impunity; poor prison conditions; arbitrary arrest and detention, 
particularly of suspected sympathizers or members of opposition or 
insurgent groups; police and judicial corruption; detention without 
charge and lengthy pretrial detention; infringement on citizens' 
privacy rights including illegal searches; use of excessive force by 
security services in an internal conflict and counterinsurgency 
operations; restrictions on freedom of the press; arrest, detention, 
and harassment of journalists; restrictions on freedom of assembly and 
association; violence and societal discrimination against women and 
abuse of children; female genital mutilation (FGM); exploitation of 
children for economic and sexual purposes; trafficking in persons; 
societal discrimination against persons with disabilities and religious 
and ethnic minorities; and government interference in union activities, 
including harassment of union leaders.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Government forces, 
including militias, and armed elements of the ONLF were responsible for 
targeted killings in the Somali Region during the year (See Section 
1.g.).
    Security forces committed arbitrary and politically motivated 
killings during the year.
    In December 2007 three government militiamen abducted Welelaw 
Muche, a supporter of the former Coalition for Unity and Democracy in 
Enamrit town (West Gojjam Zone, Mecha Woreda, Amhara Region) from his 
home and arrested him. One of the militiamen shot him to death in a 
nearby forest. No arrests were made by year's end.
    On July 8, local police in Wonago town (Oromiya Region) shot and 
killed Aschalew Taye, a supporter of the All Ethiopia Unity Party 
(AEUP). Officials arrested the police officers involved; at year's end 
the trial was in session.
    Land mines planted as a result of the 1998-2000 conflict with 
Eritrea and unresolved border dispute killed at least four civilians in 
the Tigray Region along the border with Eritrea. In addition, there 
were unconfirmed reports from a credible source of at least 12 killed 
and 50 injured in landmine blasts. The Government's demining unit, the 
Ethiopian Mine Action Office, continued to make progress in its survey 
and demining of border areas. The office defused 5,274 of an estimated 
two million landmines in the country, most of which were located along 
the border with Eritrea in the regions of Tigray and Afar. Two people 
were also wounded by landmines in the Ogaden Region.
    Addis Ababa and other areas experienced several bombings that 
killed civilians and military personnel during the year. Although no 
one claimed responsibility, the Government charged the bombings were 
the work of insurgent groups and or agents of Eritrea.
    On March 13, a bomb exploded on a public bus in Humera (near the 
Eritrean border), killing eight persons and wounding at least 27. The 
Government captured the alleged perpetrators, who testified in court to 
working for dissident groups supported by Eritrea. Their trial was 
ongoing at year's end.
    The UN Mission in Ethiopia and Eritrea and the Mine Action 
Coordination Centre reported 10 casualties when unexploded ordinance 
exploded while persons were burning paper at a school in Humera on the 
Ethiopian side of the Temporary Security Zone. Among the casualties 
were a 16-year-old girl, a 50-year-old woman, and eight men.
    On April 14, bombs exploded at two commercial gas stations in Addis 
Ababa, killing four persons and wounding at least 16. The perpetrators 
remained unknown at year's end.
    On May 20, a bomb exploded on a public minibus, killing six persons 
and wounding at least five. The police apprehended suspects they 
claimed were affiliated with the insurgent Oromo Liberation Front 
(OLF).
    On May 26, bombs exploded in two hotels in Negele Borena, Oromiya 
Region, killing three persons and wounding five. Ethiopian soldiers 
were among the casualties. Investigation was ongoing at year's end.
    On September 3, a bomb exploded in the Merkato market in Addis 
Ababa, killing six persons and wounding 26.
    On September 27, a bomb exploded outside a hotel in Jijiga, Somali 
Region, killing four and wounding 20. Police apprehended a suspect whom 
they identified as a member of Al-Ittihad al-Islamiya, an insurgent 
group. No trial date had been set by year's end.
    There were no developments in the following 2007 killings: Tesfaye 
Taddese, Degaga Gebissa, Tsegaye Ayele Yigzaw, Belachew Endale Bitew, 
Manaye Alamrew, Alemu Tesfaye, Tariku Yakiso, Mensur Musema, and the 
two students at Gue Secondary School (Gue town, Oromiya Region).
    Police officer Alemu Deriba, sentenced to death for a 2006 shooting 
of four youths, remained on death row at year's end.
    There were no developments in any of the 2006 bombings.
    Clashes between ethnic clans during the year resulted in hundreds 
of deaths (See Section 5).
    There were no developments in the following 2006 attacks: the bus 
attack near Bonga town (Gambela Region) by armed men; the hand grenade 
incident in the town of Jijiga; and the explosion in Addis Ababa.
    The Federal High Court in Addis Ababa convicted and sentenced to 
death in absentia Mengistu Hailemariam and eight of his aides, who were 
charged with committing genocide and other war crimes, including 
extrajudicial killings, under the 1975-91 Derg regime (See Section 
1.e.).

    b. Disappearance.--There were reports of politically motivated 
disappearances.
    According to the Ethiopian Teacher's Association (ETA), two active 
members of their organization (See Section 2.b.) disappeared this year. 
Tilahun Ayalew, chairman of the Dangila town ETA and coordinator of the 
program Education for All, was detained from December 2007 to March 
2008. He reported that Bahir Dar regional police detained and tortured 
him for three to four days before transferring him to Maikalawi police 
station in Addis Ababa, where police reportedly tortured him also. The 
Federal First Instance Court then released him on a habeas corpus 
petition, citing the lack of formal charges against him. Shortly after 
seeing his family upon release, Tilahun disappeared, and his 
whereabouts remained unknown at year's end.
    Also, Addis Ababa police arrested Anteneh Getnet, chairman of the 
original ETA in Addis Ababa and an ETA coordinator, in 2006 on charges 
of participating in the Ethiopian Patriotic Front (EPF) an outlawed, 
allegedly armed group operating in the Amhara Region. The Federal High 
Court denied his release, but the Federal Supreme Court released him on 
bail. After a few additional trial appearances, he disappeared in 
March, and his whereabouts remained unknown at year's end. Anteneh was 
first detained in 2006 for more than two months on charges of 
instigating violence in the 2005 elections. He alleged that he was 
tortured during his 2006 detention.
    There were no developments in the following reported 2007 
disappearances: Yohannes Woldu Girma Tesfaye Ayana, Befekadu Bulti 
Merri, Mulatu Gebremichel, Ismail Blatta, Daniel Worku, and Amha Yirga.
    A few of the thousands of civilian protestors who were detained and 
held incommunicado in 2005 remained in prison at year's end; however, 
most had been released by the end of 2006, and an additional 31 were 
released in August 2007, reportedly following an elders negotiations 
process in July 2007 (See Section 1.d.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit the use of 
torture and mistreatment, there were numerous credible reports that 
security officials tortured, beat, or mistreated detainees. Opposition 
political party leaders reported frequent and systematic abuse and 
intimidation of their supporters by police and regional militias, 
particularly in the months leading up to the local and by-elections 
held during the year (See Section 3). In Makelawi, the central police 
investigation headquarters in Addis Ababa, police investigators 
reportedly commonly used physical abuse to extract confessions.
    In December 2007 student Ayena Cheri was arrested in Nekempt on 
suspicion of being a member of the OLF. The lower court dismissed his 
case and ordered his release, but he remained in prison until the High 
Court ordered his release on February 11 following a 1,000-birr ($98) 
bail. He alleged repeated severe beatings while in detention. On 
January 11, police and security forces arrested Coalition for Unity and 
Democracy (CUD) member Alemayehu Seifu while he was on his way home 
from work in Addis Ababa. He was conveyed to Makalawi where he was 
allegedly tortured for eight days while his captors sought to force a 
confession that he was part of a plot to overthrow the Government. He 
was released on January 21 without appearing in court.
    On February 9, police and militia broke into the home of Gelaye 
Tadele, a resident of Arba Minch town in the Southern Nations, 
Nationalities, and Peoples' Region (SNNPR), and beat him. They then 
took him to a detention facility in Kofele where they fractured his 
right leg and beat him unconscious. He was eventually taken to the 
local police station and later admitted to Arba Minch hospital. His 
mother filed a complaint but local authorities took no action by year's 
end.
    Of the 37 CUD members arrested and tortured in May 2006, the courts 
released 26 on a 5,000-birr ($488) bail in October 2007 while denying 
bail to nine others who remained in jail at year's end. The other two 
individuals died in prison.
    There were no developments in the September 2007 beating of 
regional parliamentarian Wegayehu Dejene (Me-ea District, Oromiya 
Region) and his family members.
    There were no developments in the 2006 beatings of one regional 
parliamentarian of the Oromo Federal Democratic Movement (OFDM) and 
five of the Oromo National Congress (ONC).

    Prison and Detention Center Conditions.--The country has three 
federal prisons, 117 regional prisons, and many unofficial prisons. 
Prison and pretrial detention center conditions remained harsh and life 
threatening. Severe overcrowding was a problem. In September 2007 it 
was reported that there were 52,000 persons in prison. Earlier in the 
year, prison populations decreased by 10,000 due to pardons but 
reportedly again increased due to increases in ethnic conflict and 
economic crimes. Prisoners often had less than 22 square feet of 
sleeping space in a room that could contain up to 200 persons, and 
sleeping in rotations was not uncommon in regional prisons. The daily 
meal budget was approximately 5 birr (50 cents) per prisoner. Many 
prisoners supplemented this with daily food deliveries from family 
members or by purchasing food from local vendors. Prison conditions 
were unsanitary and there was no budget for prison maintenance. Medical 
care was unreliable in federal prisons and almost nonexistent in 
regional prisons.
    In detention centers, police often physically abused detainees. 
Authorities generally permitted visitors but sometimes arbitrarily 
denied them access to detainees. In some cases, family visits to 
political prisoners were restricted to a few per year.
    While statistics were unavailable, there were some deaths in prison 
due to illness and poor health care. Prison officials were not 
forthcoming with reports of such deaths. Several pardoned political 
prisoners had serious health problems in detention but received little 
treatment at the time.
    Authorities sometimes incarcerated juveniles with adults if they 
could not be accommodated at the juvenile remand home. Men and women 
prisoners were largely, but not always, segregated.
    During the year the International Committee of the Red Cross (ICRC) 
visited regional prisons only. The Government continued to prevent ICRC 
representatives from visiting police stations and federal prisons 
throughout the country including those where opposition, civil society, 
and media leaders were held. Regional authorities allowed the ICRC to 
meet regularly with prisoners without third parties being present. The 
ICRC also continued to visit civilian Eritrean nationals and local 
citizens of Eritrean origin detained on alleged national security 
grounds. The local NGO Prison Fellowship Ethiopia (JFA-PFE) was granted 
access to various prison and detention facilities, including federal 
prisons. The Government also periodically granted diplomatic missions 
access to regional prisons and prison officials, subject to advance 
notification.

    d. Arbitrary Arrest or Detention.--Although the constitution and 
law prohibit arbitrary arrest and detention, the Government frequently 
did not observe these provisions in practice.

    Role of the Police and Security Apparatus.--The Federal Police 
Commission reports to the Ministry of Federal Affairs, which is 
subordinate to the parliament; however, this subordination is loose in 
practice. Local militias also operated as local security forces largely 
independent of the police and military. Corruption remained a problem, 
particularly among traffic police who solicited bribes. Impunity also 
remained a serious problem. According to contacts at government 
agencies, the Government rarely publicly disclosed the results of 
investigations into abuses by local security forces, such as arbitrary 
detentions and beatings of civilians. The federal police acknowledged 
that many of its members as well as regional police lacked 
professionalism.
    The Government continued its efforts to train police and army 
recruits in human rights. During the year the Government continued to 
seek assistance from the ICRC, JFA-PFE, and the Ethiopian Human Rights 
Commission (EHRC) to improve and professionalize its human rights 
training and curriculum by including more material on the constitution 
and international human rights treaties and conventions. JFA-PFE 
conducted human rights training for police commissioners and members of 
the militia.

    Arrest and Detention.--Authorities regularly detained persons 
without warrants and denied access to counsel and family members, 
particularly in outlying regions. Although the law requires detainees 
to be brought to court and charged within 48 hours, this generally was 
not respected in practice. While there was a functioning bail system, 
it was not available in murder, treason, and corruption cases. In most 
cases authorities set bail between 500 and 10,000 birr ($494-975), 
which was too costly for most citizens. Police officials did not always 
respect court orders to release suspects on bail. With court approval, 
persons suspected of serious offenses can be detained for 14 days and 
for additional 14-day periods if an investigation continues. The law 
prohibits detention in any facilities other than an official detention 
center; however, there were dozens of unofficial local detention 
centers used by local government militia and other formal and informal 
law enforcement entities. The Government provided public defenders for 
detainees unable to afford private legal counsel but only when their 
cases went to court. While in pretrial detention, authorities allowed 
such detainees little or no contact with legal counsel.
    Opposition party members consistently reported that in small towns, 
authorities detained persons in police stations for long periods 
without charge or 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 in the run-up to the 
local and by-elections held earlier in the year. For example, at a May 
wedding in Chendiba town in Chilga District, Amhara Region, officials 
arrested nine AEUP supporters: Wagnew Tadesse, Mekuanent Seneshaw, 
Alehegne Mekuanent, Kifle Tadege, Demissie Yehualla, Kolagie Jegne, 
Teffera Akemu, Setegne Tadege, and Endale Tadege. Officials accused 
them of holding an illegal political gathering. At year's end, all nine 
remained in jail, held without bail, formal charges, or communication 
with their families.
    On October 4, the Government released eight of 10 Kenyans suspected 
of being foreign fighters in Somalia and detained clandestinely in the 
country since early 2007. Human Rights Watch (HRW) reported that Kenya 
originally arrested at least 150 suspected fighters of several 
nationalities and then rendered dozens to the Ethiopian National 
Defense Forces (ENDF) for questioning. Most were eventually released 
but these last 10 remained in ENDF custody where they reported beatings 
and torture. The whereabouts of the remaining two were unknown at 
year's end.
    In late October, officials arrested at least 53 ethnic Oromos (some 
reported as high as 200), including university lecturers, businessmen, 
and housewives, many with no apparent political affiliation, for 
alleged support to the banned OLF. Many supporters of the mainstream 
political opposition OFDM were also arrested during the same time 
period for the same charges.
    On December 23 and 24, hundreds of Somalis were arrested in Addis 
Ababa. A Somali embassy spokesperson reported that following the 
initial round-up, police checked records, fingerprinted, and then 
released detainees.
    Just before the Ethiopian New Year in September 2007, security 
forces arrested individuals suspected of supporting the OLF or 
terrorist activity. Many were members of the opposition United 
Ethiopian Democractic Forces (UEDF) or OFDM parties. Approximately 450 
arrests were reported to opposition party offices in Addis Ababa. At 
year's end, 148 detainees remained in jail.
    In the case of Yosef Abera and nine others who were arrested in 
2006 on accusations of providing food and arms to the OLF, police 
transferred them from Ayra Guliso town in Oromiya to Senkelle Police 
Training Center, also in Oromiya. They were released on March 16 after 
signing a letter stating they would not participate in any future 
illegal activities.
    Police continued to enter private residences and arrest individuals 
without warrants (See Section 1.f.).
    Most of the 180 persons arrested in Nazret, Oromiya Region, in 2006 
were released in 2006, but there was no information available on the 
remaining three detained at year's end.

    Amnesty.--On March 28, the federal government pardoned two human 
rights activists, Daniel Bekele and Netsanat Demissie, after they 
signed an admission of guilt and served 28 months in detention. These 
two were the last of the high-profile political detainees arrested 
after the 2005 national elections. Both originally declined to admit 
guilt, instead defending their case before the Federal High Court. The 
court ultimately convicted them of incitement, a charge that had never 
been alleged or raised until the day of the court's verdict, and 
sentenced both to 30 months imprisonment.
    On September 28, the federal government granted amnesty to 4,500 
prisoners, excluding convicted murderers, rapists, and those found 
guilty of corruption.
    On November 16, the Tigray regional government granted amnesty to 
2,167 prisoners, excluding those who committed crimes in connection 
with corruption, and causing fire and destruction of infrastructures or 
forests.
    On November 25, the Ministry of Justice (MOJ) Pardon Board pardoned 
44 OLF members who were convicted of serious crimes after serving 16 
years in prison.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. Although the civil courts operated with 
independence, the criminal courts remained weak, overburdened, and 
subject to significant political intervention and influence. 
Constitutional interpretation remains solely with the upper house of 
parliament, exclusively comprised of ruling party members, which also 
handles judicial appointments and reviews judicial conduct. Judicial 
practice allows the court unilaterally to convict defendants on charges 
not raised by the prosecution at any point preceding the court's 
decision on guilt. This practice effectively impedes defendants from 
presenting an adequate defense as they may not be aware of the 
potential charges they face.
    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 the 
Federal Supreme Court heard and adjudicated original and appeal cases 
involving federal law, transregional issues, and national security. The 
regional judiciary was increasingly autonomous and often heard regional 
cases.
    Regional offices of the federal MOJ 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. Because of this, many citizens residing in rural areas did 
not have reasonable access to the federal judicial system and were 
forced to rely on traditional conflict resolution mechanisms like the 
Elders' Councils. Anecdotal evidence suggested that women did not 
always have access to free and fair hearings in the traditional justice 
system because they were excluded from participation in the Elders' 
Councils and because there was strong gender discrimination in rural 
areas.
    Anecdotal evidence suggested that some local officials believed 
they were not accountable to a higher authority.
    The judicial system severely lacked experienced staff, sometimes 
making the application of the law unpredictable. The Government 
continued to train lower court judges and prosecutors and made 
effective judicial administration its primary focus.
    Judicial corruption was a significant issue. During the year, the 
federal MOJ brought corruption cases against 17 judges; however, 15 of 
those cases were dismissed without sanction against the judges 
involved. The remaining two cases were pending at year's end.

    Trial Procedures.--According to the law, accused persons have the 
right to a fair public trial by a court of law within a ``reasonable 
time,'' a presumption of innocence, the right to be represented by 
legal counsel of their choice, and the right to appeal. However, closed 
proceedings occurred, at times authorities allowed detainees little or 
no contact with legal counsel, and detainees usually were not presumed 
innocent. Judicial inefficiency, lengthy trial delays, and lack of 
qualified staff often resulted in serious delays in trial proceedings.
    The Public Defender's Office provides legal counsel to indigent 
defendants, although its scope and quality of service remained limited 
due to the shortage of attorneys available. Although the law explicitly 
stipulates that persons charged with corruption are to be shown the 
evidence against them prior to their trials, authorities routinely 
denied defense counsel pretrial access to such evidence.
    In the country's judicial system, there are federal and regional 
criminal courts. There are federal first instance courts, high courts, 
and the Supreme Court. There are also regional first instance courts 
and high courts. The Supreme Court maintains appellate authority over 
all courts.
    The law provides legal standing to some preexisting religious and 
customary courts and allows federal and regional legislatures to 
recognize other courts. By law all parties to a dispute must agree to 
use a customary or religious court before such a court may hear a case. 
Shari'a (Islamic) courts may hear religious and family cases involving 
Muslims. In addition other traditional systems of justice, such as 
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 generally had little access to 
formal judicial systems.
    The federal first instance court's seventh criminal branch, headed 
by three judges, handled cases involving juvenile offenses and cases of 
sexual abuse of women and children. There was a large backlog of 
juvenile cases, and accused children often remained in detention with 
adults until officials heard their cases.
    Criminal matters related to the military are handled by military 
tribunals. Military tribunals may not try civilians except in cases of 
national security. The military justice system lacked adequately 
trained staff to handle the growing caseload.
    In January and February 2007, Ethiopian forces serving in Somalia 
arrested and detained civilians suspected of being affiliated with 
foreign fighters in Somalia. Some of the civilians were released after 
questioning; however, two international NGOs reported that some were 
transferred from Somalia through Kenya to Ethiopia, where they were 
tried by a military tribunal. Others were held without charge or due 
process. While most of these foreign fighters were returned to their 
home countries in 2007, the country returned eight Kenyans to Kenya on 
October 4. These are believed to be the last remaining such detainees.
    In 2006 the 57 top officials from the former Derg (Mengistu) 
regime, including former communist dictator Colonel Mengistu 
Hailemariam, were found guilty of genocide, treason, and murder for 
crimes committed during their 17 years of rule. On January 11, they 
were given sentences ranging from 23 years to life in prison. However, 
the prosecutor appealed many of these sentences, and on May 26, the 
court sentenced Colonel Mengistu and 18 of his associates to death. All 
but Colonel Mengistu, who was in exile in Zimbabwe, sat on death row at 
year's end; the Government had not established an execution date.

    Political Prisoners and Detainees.--The number of political 
prisoners and detainees during the year was estimated to be in the 
hundreds. There were numerous reports of unlawful detention of 
opposition candidates and their supporters, mostly in the months before 
April's local and by-elections (See Section 3).
    In one example, Chaka Robi, a 20-year-old CUD supporter, was 
arrested without a warrant from his Addis Ababa residence on March 5. 
Officials held him in Maekelawi where, family members reported to the 
Ethiopian Human Rights Council (EHRCO), police denied them visitation 
rights accorded by law. It is common practice for police to deny 
visitation rights without cause while detainees are under 
investigation.
    Political prisoner Assefa Abraha, former head of the Office of 
Government Development Organizations in the Prime Minister's Office, 
was paroled on July 31 after serving more than seven years in 
detention. Police arrested Assefa and four of his siblings, including 
former defense minister Seeye Abraha, on corruption charges in May 2001 
following a contentious rift within the ruling party but released his 
siblings in 2007. Assefa was eventually convicted in July 2007 and 
sentenced to nine years' imprisonment before being paroled.
    In mid-October about 20 people were arrested and put under the 
custody of the Federal Army at the Army Camp in Dembe Dollo. Among them 
was Ato Makonnin Dheressa, a prominent member of the OFDM. He was 
released one week later.
    In late October/early November, police, local authorities, and 
ruling party cadres arrested more than a dozen second-tier leaders from 
various opposition parties engaged in community outreach or opening new 
offices throughout the country. OFDM secretary general Bekele Jirata 
was arrested on October 30 and charged on December 16 with recruiting 
and organizing OLF members, promoting OLF terrorist activities, and 
financially supporting the OLF. The case was pending at year's end.
    On December 5, a popular singer known as Teddy Afro (Tewodros 
Kassahun) was sentenced to six years in prison and fined 18,000 birr 
($1,755) for the hit-and-run death of a homeless man in 2006. Some of 
Teddy Afro's songs were seen as opposition anthems during the violent 
aftermath of the 2005 elections. While it is unclear whether the 
conviction was politically motivated, the expeditious incarceration and 
prosecution of Afro's case 18 months after the alleged incident suggest 
political interference rather than solely delays in pursuing the case.
    On December 29, Unity for Democracy and Justice Party president 
Birtukan Mideksa was rearrested for accurately telling European media 
organizations that she had not requested from the Government a pardon 
leading to her release from jail in July 2007. President Girma Wolde-
Giorgis revoked her pardon and reinstated her life sentence.
    At year's end, many other political detainees, including CUD, ONLF, 
and OLF members, remained in prison.
    In July and August 2007, the Government pardoned 71 individuals 
arrested following demonstrations in 2005. The pardons permitted the 
defendants' future political participation, but in practice the 
Government continued to limit that right.
    The trial continued for most of the 52 individuals arrested in 
2006-07 for alleged membership in the EPF, although two prominent ETA 
members reportedly disappeared (See Section 2.b.).

    Civil Judicial Procedures and Remedies.--Civil courts, which 
provided judicial remedy for alleged wrongs, were generally viewed as 
independent and impartial. The law provides citizens the right to 
appeal human rights violations in civil court; however, no such cases 
were filed during the year.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law requires authorities to obtain judicial 
warrants to search private property; however, in practice, particularly 
outside Addis Ababa, police often ignored this law. Opposition party 
representatives claimed that police sometimes used fraudulent warrants 
to enter homes and commit criminal acts, including extorting money. 
This occurred primarily in the months preceding April's local and by-
elections. There were reports that members of local militias robbed 
persons during the year in locations throughout Oromiya.
    There continued to be reports of police forcibly entering civilian 
homes throughout the year.
    All but three electronic communications facilities were state-
owned. Political party leaders reported incidents of telephone tapping 
and other electronic eavesdropping. There were also reports of the 
Government jamming radio stations (See Section 2.a.).
    The Government used a widespread 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 the Somali Region (See Section 1.g.).
    Security forces continued to detain family members of persons 
sought for questioning by the Government.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year fighting continued between government forces, including 
government-backed and affiliated militia, and the ONLF, an ethnically 
based, nationalist, insurgent movement operating in the Somali Region, 
triggering widespread criticism of human rights abuses. While NGO 
reports of burnt villages and population displacement significantly 
declined during the year, unsubstantiated, but largely credible, 
reports of human rights abuses continued, including extrajudicial 
killings, torture, rape, abductions, and arbitrary arrest. Deliveries 
of food and medicine were restricted as a result of insecurity, lack of 
capacity, and Ethiopian military restrictions. Since the ONLF was 
outlawed in 1994, the organization has engaged in low-intensity armed 
conflict with the Government. The regional conflict in Somalia that 
began in late 2006 spread to the Somali Region and, allegedly fueled by 
support from the Eritrean government, resulted in greatly increased 
armed activity by the ONLF, whose members share ethnic ties with 
Somalis. Civilians, international NGOs, and other aid organizations 
operating in the region have reported that both the ENDF and the ONLF 
were responsible for abuses and harsh techniques used to intimidate the 
civilian population.
    Since the Ethiopian military began significant counterinsurgency 
operations in the Ogaden in response to the April 2007 slaying of oil 
exploration workers, the Government has limited the access of 
diplomats, NGOs, and journalists to the Somali Region, allegedly due to 
serious security concerns. However, human rights groups and others have 
accused the Government of denying access to the region in order to 
prevent potential critics and observers from monitoring ENDF 
operations. The Government has allowed some humanitarian access, but 
the ability to investigate human rights abuses has been restricted. 
Reports of human rights violations largely have come from interviews 
with second-hand sources or alleged victims who have fled the Somali 
Region.
    In June HRW issued a report alleging that the ENDF committed war 
crimes and crimes against humanity in the Ogaden area of the Somali 
Region. The report claimed a ``brutal counter-insurgency'' campaign was 
conducted in the Ogaden involving systematic forced relocation, burning 
of villages, arbitrary killings, mass detentions, torture, rape and 
assault, livestock confiscations, and restrictions on civilian 
movements. In response to the allegations the Government conducted its 
own investigation into the alleged abuses and found that there were no 
systematic human rights abuses but rather ``evidence of one or two 
cases of abuse, and one of torture.'' The selection of former ruling 
party insider Lisan Yohannes to lead the investigation, however, opens 
questions about the independence of the investigation. The Government 
stated that the officer responsible for the said abuses was summoned to 
court.

    Killings.--On March 30, the Government reported that security 
forces arrested eight men suspected of involvement in the April 2007 
ONLF attack on a Chinese-run oil facility in the Degehabur zone of the 
Somali Region. The attack killed 65 civilians and nine Chinese 
nationals and resulted in a dramatic escalation in the conflict, which 
triggered widespread criticism of human rights abuses perpetrated by 
government forces. The Government also reported that the same eight 
individuals were implicated in a May 2007 Jijiga grenade attack on a 
crowd during an official holiday celebration. All suspects remained on 
trial at year's end.
    On September 27, a bomb exploded in a hotel in Jijiga, killing four 
and wounding 10. Police apprehended three suspects who reportedly 
acknowledged being ONLF members.
    On October 16, Prime Minister Zenawi told parliament that the 
Government had confirmed that all bombings this year in Addis Ababa 
were the work of the OLF and all bombings in the Somali Region were 
confirmed to be the work of the ONLF. Apart from the cases noted above, 
no credible evidence has been presented to verify these claims.
    On November 22, police forces attempted to force villagers from 
Laare and Puldeng villages (Gambella Region) to move to a new area. 
When villagers refused, violence ensued, killing nine civilians and 
wounding 23 others. Two policemen were killed and six others were 
wounded. Police also reportedly set fire to homes and killed numerous 
livestock.
    The ONLF issued a report stating that the ENDF killed 48 civilians 
and wounded 50 on December 17 in Mooyaha village (23 miles northwest of 
Dagabur, Ogaden). They also accused the ENDF of killing six civilians 
in Galashe (near Fik) on the same day. The Government had not responded 
to the allegation by year's end.

    Abductions.--On September 23, an unknown armed group kidnapped two 
foreign staff members of the French NGO Medecins du Monde (MDM) near 
Shilabo town in the Somali Region. The kidnappers transported both 
hostages into Somalia where they were sold to another group that 
demanded ransoms. At year's end ransom had not been paid and the two 
MDM staff members remained hostages.

    Physical Abuse, Punishment, and Torture.--International rights 
groups and NGOs reported that alleged unlawful killings, torture, rape, 
abductions, and arbitrary arrests continued in the conflict zone. While 
there were numerous reports of human rights violations in the conflict-
affected areas, there were no successful attempts at substantiating the 
reports due to lack of access to the region (See Section 1.g.).

    Other Conflict-Related Abuses.--During the year the Government 
loosened restrictions on the delivery of food aid from donor 
organizations into the five zones of the Somali Region in which 
military activity was the most intense. Nevertheless, only 12 percent 
of food aid reached beneficiaries. Improvements in food aid deliveries 
allowed relief to reach primary destination points, but distribution to 
secondary towns, rural areas, and final beneficiaries remained limited. 
Commercial traffic into these zones somewhat increased.
    The Government restricted access of NGO workers and journalists to 
affected areas. International journalists who entered the Somali Region 
without permission of the Government were arrested or obliged to leave 
the country. The Government continued to ban the ICRC from the region, 
alleging it cooperated with the ONLF. Bureaucratic impediments to 
Medicins Sans Frontieres-Switzerland (MSF-CH) operations in the Somali 
Region and government accusations it cooperated with the ONLF prompted 
MSF-CH to terminate operations in the country on August 26.
    During the year, some humanitarian groups reported roadblocks 
manned by insurgent groups who occasionally briefly detained them. 
These same humanitarian groups reportedly were interrogated by the ENDF 
on their encounters at the roadblocks with the insurgents.
    On January 26, the ENDF placed Medicins Sans Frontieres-Holland 
(MSF-NL) staff members under house arrest in Warder for allegedly 
providing medical support to the ONLF and confiscated MSF-CH property 
and vehicle keys in Kebri Dehar, limiting its staff members' movement 
to the town for three weeks. These restrictions originally covered all 
UN and NGO groups operating in the Somali Region; however, they were 
lifted on January 31 for all groups except MSF. On June 18, ENDF again 
detained five MSF-CH Fik-based staff for 19 days. The Government 
previously suspended MSF-NL operations between July and November 2007. 
There was no judicial process or charges filed in any of the cases.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--While the constitution and law 
provide for freedom of speech and press, the Government did not respect 
these rights in practice. The Government continued to arrest, harass, 
and prosecute journalists, publishers, and editors. The Government 
continued to control all broadcast media except three private FM radio 
stations. Private sector and government journalists routinely practiced 
self-censorship.
    Government-controlled media mostly reflected the views of the 
Government and the ruling EPRDF coalition. However, live radio and 
television broadcasts at times included televised parliamentary debates 
and broadcast the views of opposition parliamentarians, as did 
government newspapers.
    Although some new, small-circulation newspapers were published 
during the year, the number of private newspapers remained low. 
Approximately 20 private Amharic-language and English-language 
newspapers with political and business focuses were published, with a 
combined weekly circulation of more than 150,000.
    The Government operated the sole television station and tightly 
controlled news broadcasts. The broadcasting law prohibits political 
and religious organizations or foreigners from owning broadcast 
stations.
    Foreign journalists and local stringers working for foreign 
publications at times published articles critical of the Government but 
were subjected to government pressure to self-censor. During the year 
some reporters for foreign media were subjected to intimidation and 
harassment or threatened with expulsion from the country for publishing 
articles critical of the Government.
    During the year the Government convicted and sentenced journalists 
for articles and reports in their publications. Journalists were 
intimidated, harassed, arrested, and detained on charges of defamation, 
threatening public order, and contempt of court.
    For example, on February 16, police arrested Al-Quds publisher 
Maria Kadi Abafita and editor-in-chief Ezeddin Mohammed, along with 
Sheikh Ibrahim Mohammed Ali, the publisher and editor-in-chief of the 
Islamic Amharic weekly newspaper Salafia. The arrests followed their 
publishing of articles critical of an education ministry directive on 
religious worship in schools, including the reprint of a letter 
allegedly written by the vice president of the Ethiopian Islamic 
Affairs Supreme Council. The vice president denied writing the letter 
and filed criminal defamation charges. Police searched the newspapers' 
offices and confiscated computers and printers. The journalists were 
detained for 26 days and released on February 29 on a bail of 12,000 
birr ($1,200). The case was pending at year's end.
    On March 6, Dawit Kebede, editor-in-chief of the weekly Awramba 
Times, was detained and released. The National Electoral Board (NEB) 
accused him of posting an advertisement for his newspaper on a poster 
promoting EPRDF candidates for local elections. He appeared in court 
and was released on 200 birr ($20) bail the same day. No further action 
was taken before year's end.
    There were multiple incidents of harassment and arrest surrounding 
journalists' coverage of the ongoing 2006 hit-and-run trial of pop 
singer Tewodros Kassahun, commonly known as Teddy Afro.
    For example, on May 2, police detained editor/owner Alemayehu 
Mahtemework and three staff members of the private Amharic monthly 
entertainment magazine Enku and confiscated 10,000 magazine copies 
after Enku ran a cover story on Afro's controversial arrest and trial. 
The Government accused them of publishing ``stirring articles that 
could incite people'' and held them for five days before release. 
Alemayehu was also charged with threatening public order, and his case 
remained pending at year's end. The magazine continued operating and 
police released the confiscated copies on July 31.
    Also on July 29, Mesenazeria reported that its editor-in-chief and 
deputy editor-in-chief were detained for 32 hours and released on July 
26 for printing photos without permission of the two police officers 
escorting Afro to trial. The journalists were not formally charged.
    On August 4, the judge presiding over Afro's trial charged Mesfin 
Negash, editor-in-chief of the independent Amharic weekly Addis Neger, 
with contempt of court after he published an interview with the 
singer's lawyer, Million Assefa, in the July 26 edition. The newspaper 
accurately quoted the lawyer as saying he would file a complaint 
against high court judge Leul Gebremariam over alleged bias in his 
handling of the singer's case. On August 6, the judge sentenced Mesfin 
to a one-month sentence suspended for two years. The lawyer, Million 
Assefa, was also found guilty of contempt of court and sentenced to one 
month and 20 days at Kaliti prison.
    Police summoned and questioned Addis Neger journalists regarding 
four separate stories involving investigative reports.
    Following Awramba Times' extensive coverage of the Movement for 
Freedom, Democracy, and Justice (Ginbot 7), an opposition group 
advocating a change in the Government by ``any means,'' the newspaper 
reported receiving threats on August 4 and 5 that it would be banned 
and ``held accountable.'' In addition there were allegations that an 
internal MOJ memo advocated the same. On August 7, the Addis Ababa 
Police Commission charged editor-in-chief Dawit Kebede with ``inciting 
the public through false rumors'' but released him on bail the same 
day. Harambe editor-in-chief Wossenseged Gebrekidan was also charged 
and released on bail following similar coverage of Ginbot 7. There were 
no further developments in the cases by year's end.
    On August 22, two police officers, one from Addis Ababa and the 
other from Gondar, arrested Amare Aregawi, editor-in-chief of the 
Amharic- and English-language newspaper The Reporter, at his office. 
Police held him overnight in an Addis Ababa police station and then 
transferred him in a brewery vehicle to a station in Gondar, 
approximately 470 miles north of Addis Ababa. On arrival, he was 
transferred to Gondar police custody. The arrest was in connection with 
a libel case brought by the Gondar-based, ruling-party-owned Dashen 
Brewery in response to a July 20 story on a labor dispute at the 
brewery. Amare appeared in court in Gondar on August 27 and was 
released after posting bail of 300 birr ($29) and spending six days in 
detention. He again appeared in court on September 1 but learned there 
were no charges against him, and the bail money was returned to him. 
The article's author, Teshome Niku, was taken to Gondar on July 30 to 
appear in court but was released on bail of 300 birr ($29) on August 1. 
The rendering of both journalists to Gondar raised concerns about the 
legality of the action; the press law adopted on July 1 stipulates that 
defamation cases are to be tried in the locality where the claimed 
offense allegedly took place, and The Reporter's registered 
headquarters is in Addis Ababa. Following his release, Teshome 
reportedly received anonymous, threatening phone calls.
    On November 4, private newspaper Enbilta editor-in-chief Tsion 
Girma, deputy editor Habte Tadesse, and reporter Atenafu Alemayehu were 
arrested in connection with an article published October 3 that 
mistakenly identified the judge in the Teddy Afro hit-and-run case. 
Tsion was released on October 22 on 2,000 birr bail ($200). Her two 
colleagues were released October 24 with no charges. Tsion was 
convicted November 4 on criminal charges of inciting the public through 
false rumors and fined an additional 2000 birr ($200).
    On October 31, The Reporter editor-in-chief Amare Aregawi was 
violently attacked in front of his son's school. School staff found him 
unconscious and rushed him to the intensive care unit at the hospital. 
He later recovered and returned to work. The media reported that police 
arrested one of the assailants and the driver of a taxi planned as a 
getaway car. The Addis Ababa Police Commission continued to investigate 
the case at year's end.
    Several journalists remained in exile, including journalists 
detained following the 2005 elections but released in 2007.
    On July 1, the parliament passed The Mass Media and Freedom of 
Information Proclamation, published in the official Negarit Gazette on 
December 4. The law prohibits pretrial detention of journalists and 
censorship of private media, and it recognizes the right of journalists 
to form professional associations. However, the law allows only 
incorporated companies to publish print media; requires all previously 
licensed press to reregister; bars foreign and crossmedia ownership; 
grants the Government unlimited rights to prosecute the media; 
criminalizes defamation of public officials and increases defamation 
fines to 100,000 birr ($9,751); establishes ``national security'' as 
grounds for impounding materials prior to publication; provides 
government information officials exclusive discretion to withhold 
``sensitive'' information without judicial review; and maintains the 
MOI's absolute authority to regulate the media.
    The Ministry of Information was dissolved on October 30. Media 
reported that the Government planned to replace the ministry with a new 
communications office that would be directly accountable to the prime 
minister. Although reports indicated the new entity would not be 
responsible for press licensing, that responsibility had not been 
reassigned by year's end.
    Regional governments censored the media during the year by 
prohibiting NGOs and health centers from providing information to, or 
allowing photography by, foreigners or journalists about malnutrition 
caused by the mid-year drought.
    The Government indirectly censored the media by controlling 
licensing. In the first week of January, the Ministry of Information 
denied press licenses to Eskinder Nega, Serkalem Fasil, and Sisay 
Agena, the former editors of banned private newspapers Menelik, Asqual, 
Satenaw, Ethop, and Abay, who had been detained for 17 months after the 
2005 elections and were pardoned and released in April 2007.
    On July 2, the same three publishers were fined a combined amount 
of 300,000 birr ($29,252) in connection with their papers' coverage of 
the 2005 elections. The court ordered them to appear before the First 
Criminal Bench of the Federal High Court in December if they failed to 
pay. They appeared in court on December 24 and delivered a written 
petition citing pardon law 395/2004, article 231/2, which stipulates 
that pardons granted to persons automatically pertain to monetary 
penalties against them. The court adjourned and is scheduled to 
reconvene in January 2009.
    During the year the Government granted licenses to Dawit Kebede and 
Wosonseged Gebrekidan, two other journalists detained after the 2005 
elections and released in August 2007, for two new Amharic-language 
weeklies, Awramba Times and Harambe.
    The Government owned the only newspaper printing press.
    In June, Ayele Chamisso, member of parliament (MP) and chairman of 
the Coalition for Unity and Democracy Party (CUDP), filed charges 
against three private newspapers: Addis Neger, Awramba Times, and now-
defunct Soressa. Ayele claimed that the papers used his party's name 
for other groups. The editor of Awramba Times appeared in court in 
November on defamation charges and was released on 2000 birr ($190) 
bail. He appeared in court again in December. His case and the cases 
against the other two newspapers were pending at year's end.
    The sustained jamming of Voice of America's Amharic and Afan Oromo 
Services, which started in December 2007, largely ended in March.

    Internet Freedom.--The Government restricted access to the Internet 
and blocked opposition Web sites, including the sites of the OLF, ONLF, 
Ginbot 7, and several news blogs and sites run by opposition diaspora 
groups, such as the Ethiopian Review, CyberEthiopia.com, Quatero 
Amharic Magazine, Tensae Ethiopia, and the Ethiopian Media Forum.
    On August 29, a statement by the New York-based NGO Center 
Committee to Protect Journalists (CPJ) stated that reliable sources 
reported that its servers were inaccessible to users, and that emails 
were not coming through to CPJ. These reports emerged at the same time 
CPJ was investigating the detention of The Reporter editor Amare 
Aregawi. The Reporter also alleged blocking of its Web site for four 
days during this time. CPJ's Web site was also inaccessible at other 
times during the year.
    The Ethiopian Telecommunications Corporation (ETC), the state-run 
monopoly telecom and Internet provider, had approximately 30,000 
Internet subscribers. Citizens in urban areas had ready access to 
Internet cafes; however, rural access remained extremely limited. 
Mobile telephone text messaging, which restarted in September 2007, was 
available. The number of mobile telephone subscribers reached 1.9 
million.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom during the year, maintaining that professors could not 
espouse political sentiments. Authorities did not permit teachers at 
any level to deviate from official lesson plans and discouraged 
political activity and association of any kind on university campuses. 
Reports continued of uniformed and plainclothes police officers on and 
around university and high school campuses. Professors and students 
were discouraged from taking positions not in accordance with 
government positions or practices. College students were reportedly 
pressured to pledge allegiance to the EPRDF to secure enrollment in 
universities or post-graduation government jobs. There was a lack of 
transparency in academic staffing decisions, with numerous complaints 
from individuals in the academic community of bias based on ethnicity 
or religion. Speech, expression, and assembly were frequently 
restricted on university and high school campuses.
    In June the Government banned the first exhibition of nude 
photography scheduled to open on June 27 in Addis Ababa. The private 
photographer who organized the exhibition, Biniam Mengesha, told the 
media that culture ministry officials wanted to preview the photos, did 
so, then banned them for being pornography, not art.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government restricted this right. Organizers of large 
public meetings or demonstrations must notify the Government 72 hours 
in advance and obtain a permit. The Government issued permits to 
political parties to assemble in halls but has barred street 
demonstrations since 2005.
    Opposition political parties reported that during the year their 
supporters were targets of frequent and systematic harassment and 
violence by government security forces, particularly in the lead up to 
the local elections (See Section 3). Regional governments, including 
the Addis Ababa regional administration, are reluctant to grant permits 
or provide security for large meetings. For example, police refused to 
permit Unity for Democracy and Justice's (UDJ) general assembly to meet 
in a hotel in Addis Ababa, despite a letter from the NEB stating no 
license was needed.
    There were few attacks by police and militia against demonstrators 
since no public assembly permits were issued and illegal demonstrations 
were infrequent.
    On August 21, residents of Dejen town, Amhara Region, gathered to 
protest local officials' stalling on the residents' application for use 
of nearby farmland. Local police and militia surrounded the 
demonstrators, beating dozens. A few protestors required 
hospitalization. No legal action was taken against the perpetrators.
    There were no developments in the April 2007 police shooting of two 
demonstrators in Damot Weyde District and none in the 2006 killing of 
15 demonstrators by police in the East Wallega zone, Guduru District.
    The Independent Inquiry Commission, established in late 2006 by the 
Government to investigate the use of excessive force by security forces 
in violent 2005 antigovernment demonstrations, found that security 
forces did not use excessive force, given demonstration violence; 
however, prior to the release of the report, the chairman and deputy 
chairman of the commission fled the country, allegedly in response to 
threats made against them by government forces. After fleeing, both 
stated publicly and showed video evidence that, at an official meeting 
in 2006, the commission had originally decided, by a vote of eight to 
two, that excessive force was used and that the total number of killed 
and injured was the same as eventually reported. Following this vote, 
government officials allegedly urged commission members to change their 
votes to indicate that excessive force was not used. At year's end, the 
Government had taken no action to investigate or prosecute perpetrators 
of the excessive force.

    Freedom of Association.--Although the law provides for freedom of 
association and the right to engage in unrestricted peaceful political 
activity, the Government in practice limited this right. Opposition 
parties reported receiving no government subsidies for their political 
activities despite laws providing for them. The MOJ technically 
registers and licenses NGOs, but the Ministry of Foreign Affairs (MFA) 
screens applications for international NGOs and submits a 
recommendation to the MOJ whether to approve or deny registration. The 
MFA recommended that some international NGOs' registration be denied 
absent a deposit of two million birr ($195,000), effectively preventing 
them from registering.
    As provided by law, the Government required political parties to 
register with the NEB, which continued to limit political activity by 
the CUDP. For example, on January 3, the NEB awarded the CUDP name to a 
renegade member and the CUDP party symbol to another breakaway group, 
the United Ethiopian Democratic Party (UEDP)-Medhin, forcing the bulk 
of the CUDP's leaders to establish new parties.
    During the year the UEDF, UDJ, OFDM, and Oromo People's Congress 
(OPC) reported arrests of members and the forced closure of political 
party offices throughout the country and intimidation of landlords to 
force them to evict the political groups (See Sections 1.d. and 3).
    During the year some political leaders, including federal and 
regional MPs, were discouraged from traveling to their constituencies 
to meet with supporters, although others visited constituents without 
incident. For example, OFDM chairman Bulcha Demeksa was persuaded not 
to visit his constituency in Wellega district, Oromiya Region, because 
the Government told him his security could not be guaranteed. Some 
local officials blocked some opposition MPs access to their 
constituencies, arguing that as federal MPs they had no reason to 
visit.
    The ETA has operated since 1967, but in 1993, after the EPRDF took 
power, an alternate, pro-EPRDF ETA was established. In 1993 the 
original ETA and the Government-supported ETA began prolonged legal 
battles over the organization's name and property rights. On June 26, 
the Court of Cassation ruled against ETA and awarded its name and 
property to the pro-EPRDF ETA (See Section 6.a.).

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice; however, local authorities and members of society 
occasionally infringed on this right. The Ethiopian Orthodox Church 
(EOC) and Sufi Islam are the dominant religions; nearly 90 percent of 
the population adhered to one or the other faith.
    While the Government required that religious institutions annually 
register with the MOJ, there were no reports of government action 
against institutions that chose not to register. Under the law, a 
religious organization that undertakes development activities must 
register its development wing separately as an NGO. The Government did 
not issue work visas to foreign religious workers unless they were 
associated with the development wing of a religious organization.
    Some religious property confiscated under the Mengistu (Derg) 
regime had not been returned by year's end.
    Minority religious groups reported discrimination in the allocation 
of government land for religious sites. Authorities continued to ban 
Waka-Feta, a traditional animist Oromo religious group, because it 
suspected that the group's leaders had close links to the OLF. 
Protestant groups occasionally reported that local officials 
discriminated against them when they sought land for churches and 
cemeteries. Evangelical leaders stated that because authorities 
perceived them as ``newcomers,'' they were at a disadvantage compared 
with the EOC and the Ethiopian Islamic Affairs Supreme Council (EIASC) 
in the allocation of land. The EIASC claimed it had more difficulty 
obtaining land from the Government than did the EOC; others charged 
that the Government favored the EIASC.
    On May 6, the MFA hosted a conference for religious, regional, and 
NGO leaders to promote religious tolerance. Also, an interfaith 
dialogue involving leaders from the Orthodox Church, EIASC, and other 
religious institutions meets regularly to discuss such issues as 
interfaith cooperation, religious tolerance, health, and community 
development.
    On December 1, police opened fire at a public gathering near a 
church in Arba-Minch (Gamo Gofa Zone), wounding three individuals. 
Police were reportedly attempting to disperse a crowd following a 
disagreement between Orthodox priests.

    Societal Abuses and Discrimination.--The Jewish community numbered 
approximately 2,000, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Although the law provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, the Government restricted some of these rights in 
practice.
    Throughout the year the Government severely restricted the movement 
of persons into and within the Ogaden areas of Somali Region, arguing 
that the counterinsurgency operation against the ONLF posed a security 
threat (See Section 1.g.).
    The law prohibits forced exile; and the Government did not employ 
it. A steadily increasing number of citizens sought political asylum or 
remained abroad in self-imposed exile, including more than 55 
journalists (See Section 2.a.).
    During the year the ICRC repatriated 1,023 citizens from Eritrea 
and repatriated 27 Eritreans. Most Eritreans and Ethiopians of Eritrean 
origin registered with the Government and received identity cards and 
six-month renewable residence permits that allowed them to gain access 
to hospitals and other public services.

    Internally Displaced Persons (IDPs).--The conflict between 
government and insurgent forces in the Ogaden area of the Somali Region 
resulted in the displacement of thousands of persons (See Section 
1.g.). During the year violent clashes between different clans, often 
over competition for scarce resources or resulting from disputes over 
territorial boundaries, displaced persons and resulted in deaths and 
injuries.
    UNHCR estimated there were approximately 200,000 IDPs in the 
country, including an estimated 62,000 in the Tigray Region, 44,700 in 
the Gambella Region, 30,000 in the Borena area of the Oromiya Region, 
and 50,000 on the border of the Oromiya and Somali regions.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees, its 1967 protocol, and the 1969 
Organization of African Unity (OAU) Convention. The Government has 
established a system for providing protection to refugees. In practice 
the Government provided protection against ``refoulement,'' the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, and it granted refugee status and asylum. 
The Government generally cooperated with the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and returning citizens. There were anecdotal reports that 
deported Ethiopian asylum seekers from Yemen were detained upon return.
    During the year the Government, in cooperation with UNHCR, opened 
two new refugee camps: Sheder, northeast of the town of Jijiga, to 
accommodate a steady influx of Somali refugees, and My Ayni, in Tigray 
National Regional State, to accommodate up to 10,000 new Eritrean 
refugees. An average of 400 to 500 new Eritrean refugees arrived 
monthly during the year. However, approximately 200 to 300 Eritrean 
refugees departed monthly on secondary migration through Egypt and 
Sudan to go to Europe and other final destinations. UNHCR assisted in 
the reception and transportation back to My Ayni of over 150 Eritrean 
refugees who had been detained in Egypt and deported by the Egyptian 
authorities.
    The Government required that all refugees reside and remain in 
designated camps, most of which were located near the Eritrean, 
Somaliland, 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. During the year, the Government expanded 
its policy to provide greater freedom of movement to some Eritrean 
refugees with family members living outside of the camps. Almost 1,500 
urban refugees are currently registered with the UNHCR and the 
Government, the majority of them from Somalia, Eritrea, and the 
Democratic Republic of Congo.
    Unlike in the previous year, conflict between ethnic groups in the 
Gambella Region did not directly interfere with UNHCR's refugee 
protection activities.
    The Government, in cooperation with UNHCR, continued to provide 
temporary protection to individuals from Sudan, Eritrea, and Somalia 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol.
    During the year UNHCR processed 334 refugees who departed for 
resettlement abroad. UNHCR and the Government also assisted the safe, 
voluntary return of more than 10,215 Sudanese refugees to their homes 
during the year, allowing UNHCR to close two Sudanese refugee camps in 
May.
    Unlike in the previous year, there were no allegations of 
government cooperation with the Government of Sudan in the forcible 
repatriation of Ethiopian refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through partially free and fair elections held on the basis of 
universal suffrage. In practice the ruling EPRDF and its allies 
dominated the Government. In local and by-elections held in April, the 
ruling EPRDF and allied parties won virtually all of the more than 
three million seats contested, severely diminishing opportunities for 
mainstream political opposition. Prior to the vote, ruling party agents 
and supporters engaged in coercive tactics and manipulation of the 
electoral process, including intimidation of opposition candidates and 
supporters during the run-up to the vote. Citing these obstacles, two 
leading opposition parties withdrew from the elections shortly 
beforehand.
    The Government policy of ethnic federalism led to the creation of 
individual constituencies to ensure representation of all major ethnic 
groups in the House of Peoples' Representatives. Nevertheless, small 
ethnic groups lacked representation in the legislature. There were 23 
nationality groups in six regional states that did not have a 
sufficient population to qualify for constituency seats; however, in 
the 2005 elections, individuals from these nationality groups competed 
for 23 special seats in the 547-seat House of Peoples' Representatives. 
Additionally, these 23 nationality groups have one seat each in the 
112-seat House of Federation, the upper house of parliament.

    Elections and Political Participation.--The constitution provides 
citizens the right to change their government peacefully and to freely 
join a political organization of their choice; however, in practice 
these rights were restricted through bureaucratic obstacles and 
government and ruling party intimidation and arrests.
    The local and by-elections on April 13 and April 20, respectively, 
were the first nationwide elections since the historic 2005 national 
elections, which ended in heavy postelection violence and large-scale 
arrests. According to domestic and international observers, the 2005 
elections, in which the EPRDF coalition won 372 of 547 seats, generally 
reflected the will of the people and were an important step forward in 
the country's democratization efforts. However, irregularities in 2005 
marred polling in many areas. For instance, observers reported vote 
count fraud, improper handling of ballot boxes, and barring of party 
agents from polling stations and ballot counts. Observers also reported 
killings, disappearances, voter intimidation and harassment, unlawful 
detentions of opposition party supporters, and bribery. Opposition 
parties accused the NEB of ruling party bias and of failing to address 
the complaints it received. Following an ad hoc complaints resolution 
process, the NEB decided to hold new elections in 31 constituencies in 
2005; however, opposition parties boycotted due to perceived flaws in 
the review process.
    Opposition parties made an unexpectedly strong showing in the 2005 
elections, increasing their parliamentary representation from 12 to 172 
seats and earning 137 of 138 Addis Ababa City Council seats. Despite 
this, some opposition members refused to take their seats and instead 
boycotted. Violent antigovernment protests then erupted in November 
2005 and led to a government crackdown including arrests of several 
dozen opposition leaders, journalists, and civil society group members, 
as well as between 30,000 and 50,000 demonstrators. Most prisoners were 
released in three months, but many prominent individuals spent almost 
two years in prison, with an unknown number of individuals still in 
custody. Military intervention also led to widespread abuses such as 
arbitrary detention and killings.
    These events in 2005 formed the backdrop for this year's local and 
by-elections held on April 13 and 20, as the first nationwide elections 
since 2005. Unlike in 2005, polling went smoothly and peacefully and 
there were no postelection mass arrests or violence. However, the 
prepolling weeks and months were marred by reports of harassment, 
intimidation, arrests, and killings of opposition party candidates and 
their supporters, and incomplete compliance by the NEB with the 
Electoral Law, prompting some of the major opposition parties such as 
UEDF and OFDM to boycott the election. Ruling party, regional, federal, 
and NEB officials mostly denied these incidents and, with few 
exceptions, neither investigated such allegations nor held perpetrators 
responsible. Other opposition parties remained in disarray and did not 
have enough time to take part in the elections.
    This climate, along with a dearth of opposition candidates, 
contributed to starkly different election results from those in 2005. 
Of the 3.6 million local and by-election seats contested, opposition 
parties won three: a federal parliament seat, an Addis Ababa city 
council seat, and a Gambella town council seat. According to the NEB, 
the EPRDF coalition won more than 3.5 million seats with the remainder 
going to noncoalition but EPRDF-allied parties. For instance, EPRDF won 
38 of 39 contested federal parliament seats and 137 of 138 Addis city 
council seats; this latter result was an exact reversal of 2005.
    The EPRDF, its affiliates, and its supporters controlled 408 seats 
in the 547-member House of People's Representatives and all seats in 
the 112-member House of Federation, whose members were appointed by 
regional governments and by the federal government. Membership in the 
EPRDF conferred advantages upon its members; the party owned many 
businesses and was broadly perceived to award jobs and business 
contracts to loyal supporters.
    The NEB reported a 93 percent voter turnout, approximately 24.5 
million of 26.3 million registered voters. However, the Government 
refused to allow foreign election observers, and this turnout rate was 
inconsistent with observed voter presence levels and posted polling 
station tallies.
    Opposition parties fielded very few candidates in some regions. 
This was due in part to widespread harassment of opposition candidates 
and supporters as well as the delayed reopening of party offices in 
November 2007, following forced closures after the 2005 elections. 
Together opposition parties were able to register only an estimated 
16,000 candidates countrywide. For example, in one area of Oromiya 
where the opposition won overwhelmingly in 2005, there were 60,955 
EPRDF candidates running against seven opposition candidates. Given a 
lack of capacity, some opposition groups chose not to contest town 
seats and instead focus on district and zonal seats.
    On April 10, the UEDF, a coalition of opposition parties from SNNP 
and Oromiya regions, announced their withdrawal from the elections. 
This followed their delivery to the NEB of a list of seven 
preconditions to their electoral participation based on incomplete 
implementation of the Electoral Law, including proper elections of poll 
observers, an end to candidate harassment, and registration of all 
denied UEDF candidates.
    The 2007 Electoral Law requires each polling station to have five 
nonpartisan observers elected from the community, or approximately 
200,000 election observers for the more than 42,000 polling stations. 
There were, however, widespread reports that many of these poll 
observers were instead appointed directly by the NEB from EPRDF 
affiliates. The Electoral Law also allows NGOs to conduct either voter 
education or election observation, but not both. While the Electoral 
Law stipulates that election observers shall monitor the electoral 
process, the NEB finally released its election observation guidelines 
on February 29, three months after voter registration commenced and 
weeks after the conclusion of candidate registration. This came too 
late for some NGO monitors, and others did not even request permission 
to observe, due to a lack of confidence in the process. Still others, 
like EHRCO, simply didn't receive an NEB response. In the end, the NEB 
approved 11 domestic NGOs as observers.
    There were again reports that 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, registering their candidacies for elected 
office, or renting property. There were numerous reports of 
intimidation and violence directed against opposition party members and 
supporters, primarily in the months before the local and by-elections, 
including threats, beatings, arrests, and killings.
    Registered political parties must receive permission from regional 
governments to open and occupy local offices. There were, however, 
widespread reports of opposition parties closing offices due to 
intimidation and coercion by local officials. A common tactic reported 
was to intimidate landlords into evicting their political party 
tenants. For example, ONC had only two remaining offices, down from 
more than 100 in 2005, and AEUP had only 25 offices, down from 280 in 
2005.
    On October 12, Bekele Girma, AEUP political organizer, left AEUP's 
head office in Addis Ababa to open an office in Dilla town in the 
SNNPR. Despite possessing an NEB letter requesting every regional 
government to assist the bearer in opening a political office, Dilla 
town police chief Obsa Hundessa detained Bekele and refused to allow an 
AEUP office. Bekele was released in November.
    Authorities often disrupted or unlawfully banned opposition party 
meetings. For instance, authorities banned as illegal a preplanned 
March 29 UEDF rally in a local constituency.
    There were reports that authorities told opposition members to 
renounce their party membership and vote for EPRDF if they wanted 
access to fertilizer, agricultural services, food relief, continued 
employment, and other benefits controlled by the Government.
    There were reports of closed voter registration stations in pro-
opposition rural areas and of prospective voters advised to return the 
following day after walking two or more miles. Opposition candidates 
also reported registration office closures and fraudulent dropping of 
opposition names from NEB candidate registration lists.
    There were numerous reports of intimidation, harassment, abuse, and 
detention of opposition candidates and their supporters, particulary in 
the months leading up to the April elections. For example, in early 
April the OPC assembled a list of 189 willing candidates for zonal and 
district seats and sent a party officer to deliver it from Nekempt to 
the OPC chairman in Addis Ababa. Regional police stopped the bus he was 
riding on, confiscated the candidate list, detained each individual 
named on the list, and held most until after candidate registration 
closed.
    On February 3, OPC member Terefe Tolossa, was assisting candidate 
registration in Bekke town, Oromiya Region. Police detained him for 
five days without charge and without trial at the Bekke police station, 
where he suffered leg and back injuries from their beatings. After his 
release, police and local militia rearrested him on February 14 at his 
home and again released him on February 23 without trial. He was 
rearrested twice more, on March 7 and March 9, never charged, and 
eventually released.
    In February ruling party cadres detained an opposition candidate 
seven times in the 15 days after he registered as a district candidate 
in Western Oromiya. They alternately threatened to fire him from his 
teaching job, relocate him to a rural site, and kill him and his 
children.
    On March 9, police and local officials beat federal parliamentarian 
Gutu Mulisa while he campaigned for the UEDF in Elfeta District, 
Oromiya Region. Gutu filed a complaint with Elfeta District Police. At 
year's end the case was pending.
    On March 24, police and plainclothes officers stopped Bilisuma 
Shuge, a resident of Bole Sub-City, Addis Ababa, at gunpoint on his way 
home from playing sports and beat him severely as a suspected CUD 
supporter.
    There were credible reports that teachers and other government 
workers had their employment terminated if they belonged to opposition 
political parties. According to opposition groups OFDM and ONC, the 
Oromiya regional government continued to dismiss their members-
particularly teachers-from their jobs.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement these laws effectively. The World Bank's worldwide governance 
indicators reflected that corruption remained a serious problem.
    The MOJ has primary responsibility for combating corruption, 
largely through the Federal Ethics and Anti-Corruption Commission 
(Ethics Commission). A combination of social pressure, cultural norms, 
and legal restrictions limited corruption. However, government 
officials appeared to manipulate the privatization process, and state 
and party-owned businesses received preferential access to land leases 
and credit.
    During the year, there were numerous arrests of senior and junior 
officials on corruption charges. For instance, on February 18, the 
Ethics Commission arrested Tesfaye Birru, former ETC managing director, 
and 12 other senior management staff and accused them of approving an 
equipment and technology contract outside of government bid 
regulations, costing 1.52 billion birr ($148.2 million). The case was 
before the Federal High Court by year's end.
    Also early in the year, the Ethics Comimision accused eight high-
ranking National Bank officials for involvement in a gold scandal worth 
158 milllion birr ($15.4 million). The trial began in July before the 
Federal High Court and continued at year's end.
    The law provides for public access to government information, but 
access was largely restricted in practice. The Press Law passed in July 
included freedom-of-information provisions but will not take effect for 
two years.
    The Government publishes its laws and regulations in the national 
gazette prior to their taking effect. The Ministry of Information 
managed contacts between the Government, the press, and the public; 
however, the Government routinely refused to respond to queries from 
the private press (See Section 2.a.).
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 limited government restriction, investigating 
and publishing their findings on human rights cases. The Government 
generally was distrustful and wary of domestic human rights groups and 
international observers.
    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.
    EWLA's primary function was to provide legal representation for 
women. These and numerous other groups mainly engaged in civic and 
human rights education, advocacy, legal assistance, and trial 
monitoring. However, the Government neither shared information nor 
acknowledged the existence of human rights abuses.
    During the year the Government introduced restrictive legislation 
that would affect numerous civil society organizations. The Charities 
and Societies Proclamation seeks to prohibit civil society 
organizations that receive more than 10 percent of their funding from 
foreign sources from engaging in activities that promote human rights 
and democracy; the rights of children and the disabled; equality among 
nations, nationalities, people, gender and religion; or conflict 
resolution or reconciliation. Since nearly all civil society 
organizations that work in these areas rely on foreign funding, it is 
likely that many will be unable to continue their activities. Among the 
civil society organizations likely to be affected are the two most 
prominent human rights organizations, EHRCO and EWLA.
    The Government sometimes cooperated with international 
organizations such as the UN. However, the Government continued to 
restrict the ICRC, MSF, and other NGOs from working in the Somali 
Region. Both the ICRC and MSF had expressed concern about the 
Government's counterinsurgency campaign against the ONLF (See Section 
1.g.).
    Two NGO members detained in 2005 were pardoned (See Section 1.d.).
    The Government denied the ICRC access to federal prisons, police 
stations, and political prisoners.
    Security officials continued to intimidate or detain local 
individuals to prevent them from meeting with NGOs and foreign 
government officials investigating abuse allegations.
    The Government-established Ethiopian Human Rights Commission (EHRC) 
investigates human rights complaints and produces both annual and 
thematic reports; however, their reports were not public. This year, 
the EHRC received 300 complaints but determined that most fell outside 
of its jurisdiction and, at year's end, had eight to 10 cases pending.
    Early in the year, an EHRC team investigating human rights abuses 
in the Somali Region was prohibited from traveling outside of the 
regional capital and was permitted access to only one detention 
facility.
    The Office of the Ombudsman has the authority to receive and 
investigate complaints with respect to misadministration by executive 
branch offices. The office received hundreds of complaints this year, 
mainly focused on delays or denials in services, improper institutional 
decisions, promotions or demotions, and pension issues. It is not known 
which complaints were investigated or acted upon.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution (Article 25) provides all persons equal protection 
without discrimination based on race, nation, nationality, or other 
social origin, color, gender, language, religion, political or other 
opinion, property, birth, or status; however, in practice the 
Government did not fully promote and protect these rights.

    Women.--The constitution (Article 35) provides women the same 
rights and protections as men. Harmful Traditional Practices (HTPs) 
such as female genital cutting, abduction, and rape have been 
explicitly criminalized. Enforcement of these laws lags. To address 
this, the Government established a National Commission for Children's 
and Women's Affairs in 2005, as part of the EHRC, to investigate 
alleged human rights violations against women and children.
    Women and girls experience gender-based violence daily, but it is 
underreported due to shame, fear, or a victim's ignorance of legal 
protections. The National Committee for Traditional Practices in 
Ethiopia identified 120 HTPs. The 2005 Ethiopian Demographic and Health 
Survey found that more than 74 percent of women and girls were 
subjected to FGM, although this was declining. In the context of 
gender-based violence, significant gender gaps in the justice system 
remained due to poor documentation, inadequate investigation, and lack 
of special handling of cases involving women and children.
    The law criminalizes rape, calling for five to 20 years of 
imprisonment depending on the severity of the case. The law does not 
include spousal rape. The Government did not fully enforce the law, 
partially due to widespread underreporting. The Addis Ababa 2006 annual 
police report listed 736 rape cases out of an estimated population of 
five million persons. Statistics on the number of abusers prosecuted, 
convicted, or punished were not available at year's end.
    Domestic violence, including spousal abuse, was a pervasive social 
problem. The 2005 Health Survey found that 81 percent of women believed 
a husband had a right to beat his wife. A 2005 World Health 
Organization (WHO) study found that in two rural districts, Meskan and 
Mareko, 71 percent of women were subject to physical or sexual 
violence, or both, by an intimate partner during their lifetime. 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. The Government prosecuted offenders on a 
limited scale.
    Limited access to family planning services, high fertility, low 
reproductive health and emergency obstetric services, and poor 
nutritional status and infections all contributed to high maternal 
mortality ratio (673/100,000 mothers), according to the 2005 Health 
Survey. Maternal health care services did not reach the majority of 
women; skilled birth attendants aided only 10 percent of births. The 
national average for antenatal care (ANC) is 28 percent.
    Prostitution was legal for persons over age 18 and was commonly 
practiced around the country; however, the law prohibits pimping and 
benefiting from prostitution. Persons exploited in prostitution 
routinely reported that poverty was the principal reason. Article 634 
of the Ethiopian Penal Code (revised May 2005) stipulates ``whoever, 
for gain makes a profession of or lives by procuring on the 
prostitution or immorality of another, or maintains, as a landlord or 
keeper, a brothel, is punishable with simple imprisonment and fine.''
    Sexual harassment was widespread. The penal code prescribes 18 to 
24 months' imprisonment; however, harassment-related laws were not 
enforced.
    The law sets the legal marriage age for girls and boys at 18; 
however, this law is not enforced. For example, a 2006 Pathfinder 
International study found that in the Amhara Region, 48 percent of 
women are married before the age of 15-the highest early marriage rate 
in the country.
    Discrimination against women was most acute in rural areas, where 
85 percent of the population was located. The law contains 
discriminatory regulations, such as the recognition of the husband as 
the legal head of the family and the sole guardian of children over 
five years old. Authorities did not consider domestic violence a 
serious justification for granting a divorce. There was limited legal 
recognition of common law marriage. Irrespective of the number of years 
the marriage existed, the number of children raised, and joint 
property, the law entitled women to only three months' financial 
support if a common law relationship ended. A husband had no obligation 
to provide financial assistance to his family and, as a result, women 
and children sometimes faced abandonment. Even with recent stronger 
formal laws, most rural residents continued to apply customary law in 
economic and social relationships.
    All land belongs to the Government. Although women could obtain 
government leases to land, and the Government had an explicit policy to 
provide equal access for women to land, rural communities rarely 
enforced this policy. In nearly all regions women did not have access 
to land, except through marriage. The law states that any property 
owned before marriage belongs to the spouse that previously owned it, 
while any property gained during marriage belongs to the husband upon 
divorce. In practice, when a husband died, other family members often 
took the land from his widow. In pastoralist areas where poverty is 
higher, women do not own property without a male guardian, which 
increases their marginalization and vulnerability. A widow must marry 
her brother-in-law or have an adult son in order to keep her deceased 
husband's land.
    In urban areas, women had fewer employment opportunities than men, 
and the jobs available did not provide equal pay for equal work. 
Women's access to gainful employment, credit, and owning and/or 
managing a business was limited by their low level of education and 
training, traditional attitudes, and limited access to information.

    Children.--The constitution (Article 36) provides a comprehensive 
list of rights for 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, basic education, or child protection.
    As a policy, primary education was universal and tuition-free, but 
not compulsory; however, there were not enough schools to accommodate 
the country's youth, particularly in rural areas, and the cost of 
school supplies was prohibitive for many families. In 2005, primary 
school attendance rates were 81.7 percent for male children and 73.2 
percent for female children; in Addis Ababa, girls' attendance was 
significantly higher. Government reports indicated that 20.6 percent of 
the children who attended school left the system before they reached 
the second grade, and only 41.7 percent who began first grade completed 
eighth grade.
    Child abuse was widespread. Members of an NGO staffed 10 child 
protection units in Addis Ababa's police stations to protect the rights 
of juvenile delinquents and juvenile victims of crime. Some police 
officers received training during the year on procedures for handling 
cases of child abuse.
    Societal abuse of young girls continued to be a problem. HTPs 
included FGM, early marriage, marriage by abduction, and food and work 
prohibitions.
    In the Afar Region older men continued to marry young girls, but 
this traditional practice continued to face greater scrutiny and 
criticism. Local NGOs, such as the Kembatta Women's Self-Help Center 
and the Tigray Women's Association, also influenced societal attitudes 
toward harmful traditional practices and early marriage in their areas. 
Regional governments in Amhara and Tigray ran programs to educate young 
women on the issues of early marriage.
    The majority of girls and women in the country had undergone some 
form of FGM. Girls typically experienced clitorectomies seven days 
after birth (consisting of an excision of the clitoris, often with 
partial labial excision) and faced infibulations (the most extreme and 
dangerous form of FGM) at the onset of puberty. The 2005 Health Survey 
reported that the practice of FGM among all women had decreased from 80 
to 74 percent, while support for the practice among women had dropped 
from 60 to 29 percent. Additionally, a February study funded by Save 
the Children Norway reported a 24 percent national reduction in FGM 
cases over the past 10 years due in part to a strong anti-FGM campaign. 
The penal code criminalizes practioners of clitorectomy by imprisonment 
of at least three months or a fine of at least 500 birr ($49). 
Likewise, infibulation of the genitals is punishable with imprisonment 
of five to 10 years. No criminal prosecutions have ever been brought 
for FGM. The Government discouraged the practice of FGM through 
education in public schools and broader mass media campaigns.
    Although illegal, the abduction of women and girls as a form of 
marriage continued to be widespread in several regions, including the 
Amhara, Oromiya, and SNNP regions, despite the Government's attempts to 
combat the practice. Forced sexual relationships accompanied most 
marriages by abduction, and women often experienced physical abuse 
during the abduction. Abductions led to conflicts among families, 
communities, and ethnic groups. In cases of marriage by abduction, the 
perpetrator did not face punishment if the victim agreed to marry the 
perpetrator. Authorities often commuted the sentence of the convicted 
perpetor if the victim married the perpetrator.
    Child marriage was also a problem, particularly in the Amhara and 
Tigray regions, where girls were routinely married as early as age 
seven, despite the legal minimum age of 18 for marriage. There were 
some signs of growing public awareness in communities of the problem of 
abuse of women and girls, including early marriage.
    The UN Children's Fund (UNICEF) estimated there were between 
150,000 and 200,000 street children nationally, with a further one 
million vulnerable or at risk of ending up on the streets. UNICEF 
stated the problem was exacerbated because of 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. Government- and privately run orphanages were 
unable to handle the number of street children, and older children 
often abused younger ones. Due to severe resource constraints, 
hospitals and orphanages often overlooked or neglected abandoned 
infants. ``Handlers'' sometimes maimed or blinded children to raise 
their earnings from begging.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked from and 
within the country. The law prescribes five to 20 years imprisonment 
for such crimes. The Ministry of Labor and Social Affairs (MOLSA), in 
collaboration with the police, is responsible for monitoring 
trafficking in persons, while the MOJ is responsible for enforcing laws 
related to trafficking. During the year, the MOLSA revised Proclamation 
104/98 to improve coordination, supervision, and control over 
international employment agencies and better protect migrant workers 
from fraudulent recruitment and debt bondage situations.
    The country is a source country for men, women, and children 
trafficked primarily for the purpose of forced labor and, to a lesser 
extent, for commercial sexual exploitation. High unemployment, extreme 
poverty, and the chance at better opportunities abroad drive migration. 
Local NGOs estimated 30,000 to 35,000 persons were trafficked 
internationally between March 2007 and March 2008. More females than 
males were trafficked. Young women, particularly those ages 16-30, were 
the most commonly trafficked group, while a small number of children 
were also reportedly trafficked internationally.
    Rural children and adults are trafficked to urban areas for 
domestic servitude and, less frequently, commercial sexual exploitation 
and other forced labor, such as street vending, begging, traditional 
weaving, or agriculture; situations of debt bondage were reported. 
Women are trafficked transnationally for domestic servitude, primarily 
to Lebanon, Saudi Arabia, and the United Arab Emirates, but also to 
Bahrain, Djibouti, Kuwait, Sudan, Syria, and Yemen. Some of these women 
are trafficked into the sex trade after arriving at their destinations, 
while others have been trafficked onward from Lebanon to Turkey, Italy, 
and Greece. Small numbers of men are trafficked to Saudi Arabia and the 
Gulf States for low-skilled forced labor.
    Addis Ababa's police Child Protection Unit (CPU) reported that 
traffic broker networks grew increasingly sophisticated and 
collaborative. Traffickers now approached vulnerable individuals at bus 
terminals seven to nine miles outside of Addis Ababa to avoid police 
presence. Traffickers sometimes used agents and brokers to lure victims 
with jobs, food, guidance, or shelter.
    Crosscountry bus and truck drivers are involved in trafficking of 
children, while brokers, pimps, and brothel owners finalize the deal at 
the receiving end.
    Local brokers operate and recruit at the community level, and many 
knew the victim or victim's family. To avoid police detection and 
identification, local brokers did not advertise, often worked from 
rented houses, cafes, or hotel rooms, and changed places often. Some 
brokers used commission-based facilitators who were trusted by a 
potential victim's family to recruit victims.
    The Government helped address trafficking through awareness raising 
about risks of seeking employment overseas. It employed two 
predeparture counselors to brief persons intending to work overseas, 
worked with NGOs and the International Organization for Migration (IOM) 
to monitor immigration and emigration patterns for evidence of 
trafficking, and supervised and trained international labor migration 
firms.
    The Government and its embassies and consulates provided little 
assistance to victims of trafficking: limited legal advice, infrequent 
temporary shelter, and no repatriation loans. Returning victims relied 
on psychological services provided by public health institutions and 
NGOs.
    The Government accords no special protections, restitution, and has 
very limited shelter provisions or other special services benefits for 
victim returnees. In 2007 there were anecdotal reports of returned 
trafficking victims being detained, jailed, or prosecuted for 
violations of laws, such as those governing prostitution or 
immigration.
    While antitrafficking investigations continued, there were only 
three convictions reported in the last year. In addition, law 
enforcement entities lacked the institutional capacity to separate data 
on trafficking cases from broader fraud cases. In 2007, the CPU at the 
central bus terminal reported 694 cases of child trafficking to the 
police, a decrease over the previous year. Of these, 50 cases were 
referred to the prosecutor's office; 30 were closed for lack of 
evidence or a suspect; and the remaining 20 cases were pending 
prosecution. Of the remaining 594, 103 were referred for shelter 
services in Addis Ababa. No follow up information was available 
regarding the remaining 491. Law enforcement data was not reported for 
areas outside of the capital.
    In March the Federal High Court sentenced a man to five years' 
imprisonment for trafficking more than 40 men to work for a Saudi 
Arabian construction company, where they were forced to provide unpaid 
manual labor and experienced physical abuse.
    Another trafficker was sentenced in January to one year's 
imprisonment and fined 26,000 birr ($2,535) for trafficking a female 
domestic worker to Dubai. A small number of local police and border 
control agents are believed to accept bribes to overlook trafficking.

    Persons With Disabilities.--The law does not mandate equal rights 
for persons with disabilities, and the Government devoted few resources 
to rehabilitate or assist such persons. The Government did not mandate 
access to buildings, such as schools, for persons with disabilities or 
provide services for them.
    Persons with disabilities sometimes complained of job and wage 
discrimination.
    Women with disabilities are more disadvantaged than men in 
education and employment. For instance, an Addis Ababa University study 
showed that female students with disabilities are subjected to a 
heavier burden of domestic work than their male peers. The enrollment 
rate for girls with disabilities is lower than males at the primary 
school level, and this gap increases at higher levels of education. 
Girls with disabilities are also much more likely to suffer physical 
and sexual abuse than able-bodied girls.
    There were approximately seven million persons with disabilities, 
according to the Ethiopian Federation of Persons with Disabilities. 
There was one mental hospital and an estimated 10 psychiatrists in the 
country. There is one school for the blind in Addis Ababa. MOLSA, which 
was responsible for protecting the rights of persons with disabilities, 
funded prosthetic and orthopedic centers in five of the nine regional 
states over the past three years as part of its ``National Program of 
Action for Rehabilitation of Persons with Disabilities.''

    National/Racial/Ethnic Minorities.--There are more than 80 ethnic 
groups, of which the Oromo, at 40 percent of the population, was the 
largest. Although many groups influenced political and cultural life, 
Amharas and Tigrayans from the northern highlands played a dominant 
role. The federal system drew boundaries roughly along major ethnic 
group lines, and regional states had much greater control over their 
affairs than previously. Most political parties remained primarily 
ethnically based.
    The military remained an ethnically diverse organization; however, 
Tigrayans increasingly dominated the senior officer corps both through 
preferential promotions and heightened attrition among non-Tigrayans.
    There were occasional reports that officials terminated the 
employment of teachers and other government workers if they were not of 
the dominant ethnic group in the region.
    Government and ONLF forces were responsible for widespread human 
rights abuses in the Somali Region (See Section 1.g.).
    EHRCO reported that ethnic conflict made up the majority of its 
human rights reporting this year. Ethnic conflict in the western, 
southern, and eastern areas resulted in killings and injuries above 
levels in 2007 and resulted in the death of hundreds and displacement 
of tens of thousands of persons. There were also clashes among ethnic 
groups in the Oromiya, Benishangul-Gumuz, and SNNP regions.
    For example, on February 22, an Oromo student stabbed to death 
Zewdu Abate, an ethnic Amhara and fellow classmate at Dilla University 
in the SNNPR, allegedly due to ethnic tension. The suspect was in 
custody.
    From February 3 to 7, clashes between Konso and Derashe ethnic 
groups left 33 dead and 17 injured in the SNNPR.
    From February 21 to 26, Koira and Guji ethnic groups fought over 
scarce resources along the Oromiya-SNNPR border, resulting in 10 dead 
and 27 injured.
    From May 17 to 21, a conflict over land rights between the Oromo 
and Gumuz ethnic groups in the Sasiga, Diga, Bumto Gida, and Limu 
districts in the Oromiya Region resulted in approximately 130 deaths 
and an unknown number of injuries. Federal and local police restored 
some order and arrested approximately 120 suspects, including the 
Benishangul-Gumuz regional vice president. At year's end trials were 
reportedly underway for some suspects.
    During the year, the Government, led by the EHRC, completed its 
first implementation report for the Convention on the Elimination of 
Racial Discrimination. The EHRC solicited input from NGOs and 
encouraged them to do a shadow report.

    Other Societal Abuses and Discrimination.--Homosexuality is illegal 
and punishable by imprisonment. Instances of homosexual activity 
involving coercion or involving a minor (age 13 to 16) are punishable 
by three months' to five years' imprisonment. Where children under 13 
years of age are involved, the law provides for imprisonment of five to 
25 years. While society did not widely accept homosexuality, there were 
no reports of violence against lesbian, gay, bisexual, and transgender 
individuals; however, the lack of reporting may be due to fears of 
retribution, discrimination, or stigmatization.
    The AIDS Resource Center in Addis Ababa reported that the majority 
of self-identified gay and lesbian callers-75 percent of whom were 
male-requested assistance in changing their behavior to avoid 
discrimination. Many gay men reported anxiety, confusion, identity 
crises, depression, self-ostracizing, religious conflict, and suicide 
attempts.
    In December nearly a dozen religious figures adopted a resolution 
against homosexuality, urging lawmakers to endorse a ban on homosexual 
activity in the constitution. The group also encouraged the Government 
to place strict controls on the distribution of pornographic materials.
    Societal stigma and discrimination against persons living with or 
affected by HIV/AIDS continued in the areas of education, employment, 
and community integration. Despite the abundance of anecdotal 
information, there is no data or statistical information on the scale 
of this problem.
Section 6. Worker Rights
    a. The Right of Association.--The law provides most workers with 
the right to form and join unions, and the Government allowed this in 
practice. However, the law specifically excludes teachers and civil 
servants (including judges, prosecutors, and security service workers) 
from organizing unions. There was government interference in trade 
union activities during the year. Under a new regulation passed by the 
Council of Ministers on August 14, the Ethiopian Revenue and Customs 
Authority's director general has the sole power to dismiss workers 
suspected of corruption. Courts have no authority to reinstate workers 
cleared of such charges.
    A minimum of 10 workers was required to form a union. While the law 
provides all unions with the right to register, the Government may 
refuse to register trade unions that do not meet its registration 
requirements. The Government retained the authority to cancel the 
registration of a union after consulting the appropriate courts. 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 did not organize into 
labor unions. Compensation, benefits, and working conditions of 
seasonal agricultural workers were far below those of unionized 
permanent agricultural employees.
    On February 7, the Supreme Court ruled that the independent ETA be 
shut down and forfeit its name, property, and bank assets to the 
Government-controlled ETA. This decision capped 15 years of lengthy 
legal proceedings and appeals. The independent ETA ultimately appealed 
this decision to the Court of Cassation, a component of the Supreme 
Court limited to fundamental errors in law, but again lost on June 26. 
The independent ETA relinquished its property on August 8.
    On July 23, employees of Shell Ethiopia demonstrated at the gate of 
their head office, expressing disappointment with Shell's decision to 
sell its interests in the country to Oil-Libya and demanding better 
treatment. In November 2007 Shell Ethiopia's labor union filed a 
lawsuit in the Federal First Instance Court alleging that Shell 
Ethiopia illegally changed its retirement and severance packages to 
save money on unemployment payments prior to a possible closure of 
operations. At year's end the case remained pending.
    During the year, top management of the state-owned Bole Printing 
Enterprise disagreed with its trade union on worker compensation and 
unlawful termination. In late December a labor advisory board composed 
of state ministers, representatives of the employees, the Confederation 
of Ethiopian Trade Unions, and the management of the enterprise found 
that both sides were at fault and decided to reinstate the unlawful 
terminations of employees. The employees were expected to resume their 
duties.
    Although the constitution and law provide workers with the right to 
strike to protect their interests, it contains detailed provisions that 
make legal strike actions difficult to carry out, such as a minimum of 
30 days' advance notice before striking. The law requires aggrieved 
workers to attempt reconciliation with employers before striking and 
includes a lengthy dispute settlement process. These applied equally to 
an employer's right to lock workers out. A majority of the workers 
involved must support a strike for it to occur.
    Workers nonetheless retained 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 MOLSA, 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 strikes by workers who provide essential 
services, including air transport and urban bus service workers, 
electric power suppliers, gas station personnel, hospital and pharmacy 
personnel, firefighters, telecommunications personnel, and urban 
sanitary workers.
    The law prohibits retribution against strikers, but labor leaders 
stated that most workers were not convinced that the Government would 
enforce this protection. Labor officials reported 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.

    b. The Right to Organize and Bargain Collectively.--The law 
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 collective bargaining agreements covered 
more than 90 percent of unionized workers. Representatives negotiated 
wages at the plant level. Unions in the formal industrial sector made 
some efforts to enforce labor regulations.
    Although the law prohibits antiunion discrimination by employers 
against union members and organizers, unions reported that employers 
frequently fired union activists. Lawsuits alleging unlawful dismissal 
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 four or 
five years. Employers found guilty of antiunion discrimination were 
required to reinstate workers fired for union activities and generally 
did so in practice.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--While the law 
prohibits forced or compulsory labor, including by children, such 
practices occurred (See Sections 5 and 6.d.). Courts could order forced 
labor as a punitive measure. Both adults and children were forced to 
engage in street vending, begging, traditional weaving, or agriculture 
work. Situations of debt bondage also occurred in traditional weaving, 
pottery, cattle-herding and other agricultural activities, mostly in 
rural areas. Forced child labor occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against child labor; however, the Government did not 
effectively implement these laws in practice, and 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; however, the 
minimum age for employment was not effectively enforced. 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 were not permitted to work more than seven hours per 
day, between the hours of 10 p.m. and 6 a.m., on public holidays or 
rest days, or overtime; however, children ages 15 to 18 are allowed to 
work, so long as it is not hazardous to their health, education, 
development, or well-being. The Government defined hazardous work as 
work in factories or involving machinery with moving parts or any work 
that could jeopardize a child's health. Prohibited work sectors include 
transporting passengers, electric generation plants, underground work, 
street cleaning, and many other sectors.
    In a 2001 survey conducted by the Central Statistics Authority, 
approximately 58 percent of boys and 42 percent of girls ages 5 to 14 
were working. These figures were supported by a 2006 UNHCR study on the 
worst forms of child labor. The majority of working children were found 
in the agricultural sector (95 percent), followed by services, 
manufacturing, and other sectors. The number of working children is 
higher in the Amhara, Oromiya, SNNP, and Tigray regions compared with 
other regions. During the year the Government increased investments in 
modernizing agricultural practices as well as in the construction of 
schools in efforts to combat the problem of children in agricultural 
sectors.
    According to MOLSA, many children work for their families without 
pay. In both rural and urban areas, children often begin working at 
young ages. The MOLSA reported that two out of five working children 
are below the age of six. In rural areas, children work in agriculture 
on commercial and family farms and in domestic service. Children in 
rural areas, especially boys, engage in activities such as cattle-
herding, petty trading, plowing, harvesting, and weeding, while other 
children, mostly girls, collect firewood and fetch water. In urban 
areas, many children, including orphans, work in domestic services, 
often working long hours which may prevent them from attending school 
regularly. Children in urban areas also work in construction, 
manufacturing, shining shoes, making clothes, portering, directing 
customers into taxis, petty trading, and herding animals. Many children 
believe they are unable to quit their jobs and fear physical, verbal, 
and sexual abuse from their employers while performing their work. 
According to social welfare activists and civic organizers, who cite 
anecdotal evidence, forced child labor is poorly documented, and child 
laborers often face physical, sexual, and emotional abuse at the hands 
of their employers.
    Estimates of the population of street children vary, with 
government estimates between 150,000 and 200,000 and the UNICEF 
estimate, 600,000. In the capital city of Addis Ababa alone, there are 
an estimated 50,000 to 60,000 street children according to the 
Government and 100,000 according to UNICEF. Some of these children work 
in the informal sector in order to survive.
    The commercial sexual exploitation of children continued during the 
year, particularly in urban areas. Girls as young as 11 reportedly were 
recruited to work in brothels, often sought by customers who believed 
them to be free of sexually transmitted diseases. Girls were also 
exploited as prostitutes in hotels, bars, resort towns, and rural truck 
stops. Reports indicated that some young girls were forced into 
prostitution by their family members. The Government's definition of 
worst forms of child labor included prostitution and bonded labor. 
Within the country, children are trafficked from rural to urban areas 
for domestic service, commercial sexual exploitation, and forced labor 
in street vending and other activities. Reports indicate that children 
have been trafficked from the Oromiya and the SNNP regions to other 
regions of the country for forced or bonded labor in domestic service.
    Child labor issues are currently covered by the MOLSA, with limited 
support from the Ministry of Women's Affairs and the Ministry of Youth 
and Sports. Cooperation, information-sharing, and coordination between 
and among the ministries were poor. Courts are responsible for 
enforcing childrens' rights, and criminal and civil penalties may be 
levied in child rights violation cases. In the absence of a national 
strategy, investigation and disposition of child rights violation cases 
is minimal.
    To prevent child trafficking, a joint police-NGO child victim 
identification and referral mechanism operates in the capital. The 
Child Protection Units (CPUs) in each Addis Ababa police station 
rescued and collected information on trafficked children that 
facilitated their return to their families; the CPUs referred 240 
trafficked children to IOM and local NGOs for care in 2006. The CPUs 
also collect data on rescued children to facilitate their reunification 
with their families.
    Internationally funded centers in Addis Ababa provided shelter, 
medical care, counseling, and reintegration assistance to girls 
victimized by trafficking. Other international NGOs provided assistance 
to children engaged in commercial sexual exploitation, including such 
services as a drop-in center, shelter, educational services, skills 
training, guidance, assistance with income-generating and employment 
activities, and family reunification services.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage. Some government institutions and public enterprises, however, set 
their own minimum wages. Public sector employees, the largest group of 
wage earners, earned a monthly minimum wage of approximately 320 birr 
($31); employees in the banking and insurance sector had a minimum 
monthly wage of 336 birr ($33). According to the Office for 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 
in the wage sector required at least two wage earners to survive, which 
forced many children to leave school early. Only a small percentage of 
the population was involved in wage labor employment, which is 
concentrated in urban areas. Many young girls have migrated illegally 
to the Gulf States in search of housekeeping work in order to assist 
families back home. Many of these girls have been subjected to inhumane 
living and working conditions, and some have lost their lives. In an 
effort to prevent these situations, the MOLSA continued to encourage 
illegal employment agencies to register as legal organizations.
    The Ethiopian labor law provides for a 48-hour maximum legal 
workweek with a 24-hour rest period, premium pay for overtime, and 
prohibition of excessive compulsory overtime. Although the Government 
did little to enforce the law, in practice most employees in the formal 
sector worked a 40-hour workweek. However, many foreign, migrant, and 
informal sector workers worked more than 48 hours per week.
    The Government, industries, and unions negotiated occupational 
health and safety standards; however, the MOLSA inspection department 
did not effectively enforce these standards, due to lack of resources. 
Lack of detailed, sector-specific health and safety guidelines also 
pronhibited enforcement. 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.

                               __________

                                 GABON

    Gabon is a republic dominated by a strong presidency and the 
Gabonese Democratic Party (PDG), which has held power since 1968. The 
population is approximately 1.4 million. Legislative elections in 2006 
resulted in continued dominance by President El Hadj Omar Bongo 
Ondimba's PDG, which won more than two-thirds of the seats in a 
generally free and fair election. All parties participated in the 
election after the Government met several opposition electoral reform 
demands. In 2005 PDG leader Bongo, president since 1967, was reelected 
for a seven year term in an election marred by irregularities. Civilian 
authorities generally maintained effective control of the security 
forces.
    The country's human rights record remained poor. The following 
human rights problems were reported: limited ability of citizens to 
change their government; use of excessive force, including torture 
toward prisoners and detainees; harsh prison conditions; arbitrary 
arrest and detention; an inefficient judiciary susceptible to 
government influence; restrictions on the right to privacy; 
restrictions on freedom of speech, press, association, and movement; 
harassment of refugees; widespread government corruption; violence and 
societal discrimination against women, persons with HIV/AIDS, and 
noncitizen Africans; trafficking in persons, particularly children; and 
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 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    Ritualistic killings occurred. In February the mutilated body of a 
30-year-old male was found in Tchibanga. In March the mutilated body of 
a high school-aged female was found on a Libreville beach not far from 
her school. The markings on both bodies suggested the murders were 
committed for ritualistic purposes. Authorities condemned the killings, 
but no one was arrested for the crimes.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices, 
credible reports persisted of security forces beating prisoners and 
detainees to extract confessions.
    In April police beat a local nongovernmental organization (NGO) 
leader and a cameraman from a local television station during a protest 
march against cost of living increases.
    In May several agriculture ministry civil servants on strike for 
better working conditions were beaten by police in front of their 
offices. The police claimed they had information, later proved false, 
that the striking employees were holding the minister hostage. 
Authorities reportedly took no action against the police involved in 
either case.
    There were reports of police officers beating, robbing, and raping 
prostitutes.
    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. Refugees 
continued to complain of harassment and extortion by security forces.
    There were isolated reports that practitioners of certain 
indigenous religions inflicted bodily harm and sometimes killed other 
persons.

    Prison and Detention Center Conditions.--Prisons were overcrowded, 
and conditions were harsh. Food, sanitation, and ventilation were poor, 
and medical care was almost nonexistent. NGOs and private citizens 
occasionally made contributions to augment prisoners' food rations. 
Juveniles were held with adults, and pretrial detainees were held with 
convicted prisoners.
    There were no known visits by human rights monitors to prisons; 
however, there also were no reports that the Government impeded such 
visits.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, but the Government did not 
always observe these prohibitions.
    On December 31, authorities arrested at least five individuals 
without immediately disclosing the reason for their arrest. Among the 
arrested were Marc Ona, coordinator of the NGO ``Publish What You Pay'' 
coalition (See Section 2.d.); Georges Mpaga, president of the Gabonese 
Civil Society Network for Good Governance; and Gregory Ngbwa Mintsa, a 
civil plaintiff in a case filed in France denouncing the alleged 
embezzlement of public funds by President Bongo. Sources close to the 
detainees claim that they were initially denied access to their 
attorneys and families. They remained in detention at year's end.

    Role of the Police and Security Apparatus.--The national police, 
under the Ministry of Interior, and the gendarmerie, under the Ministry 
of Defense, were responsible for domestic law enforcement and public 
security; the gendarmerie was also responsible for manning checkpoints. 
Elements of the armed forces and the Republican Guard, an elite unit 
that protects the president, sometimes performed internal security 
functions. The police were inefficient and corruption was a serious 
problem. Security forces often sought bribes at checkpoints to 
supplement their salaries. The Inspector General's Office was 
responsible for investigating police abuse; however, impunity was a 
problem.

    Arrest and Detention.--The law requires arrest warrants based on 
sufficient evidence and issued by a duly authorized official; however, 
security forces frequently disregarded this provision. The law allows 
up to 72 hours for initial detention, during which police must charge a 
detainee before a judge, but police often failed to respect this 
timetable. Charges often were not filed expeditiously, and persons were 
detained arbitrarily, sometimes for long periods. Conditional release 
was possible after charges had been announced if further investigation 
was required. Detainees were allowed prompt access to family members 
and a lawyer and, if indigent, to one provided by the state. Detainees 
were usually promptly informed of charges against them.
    Members of the security forces continued to detain individuals at 
roadblocks under the guise of checking vehicle registration and 
identity papers. Security forces frequently used such operations to 
extort money.
    Pretrial detention, limited to six months for a misdemeanor and one 
year for a felony charge, may be extended for six months by the 
examining magistrate. Pretrial detainees have the right of free access 
to their attorneys, and this right was generally respected. Detainees 
also have the right to an expeditious trial, but overburdened dockets 
resulted in prolonged pretrial detention. In 2006 approximately 40 
percent of persons in custody were pretrial detainees, and authorities 
had not taken steps to correct this issue.
    A 2006 census of Libreville's prison population, conducted by the 
country's justice ministry, revealed that 277 of 1,100 prisoners in 
pretrial detention had been held more than two years. Also in 2006 
journalists uncovered 16 cases of prisoners held more than five years 
without trial, including one who had been in prison for 11 years 
because the magistrate lost his file. Following public disclosure of 
the situation, the lower court in Libreville reviewed the cases of 
long-stay detainees and released 40 prisoners. Most of them had been 
held for as long as their potential terms would have been if they had 
been tried and convicted.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, the judiciary was inefficient and remained 
susceptible to government influence. The president appoints and can 
dismiss judges through the Ministry of Justice, to which the judiciary 
is responsible. Corruption was a problem.
    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.

    Trial Procedures.--The constitution provides the right to a public 
trial and 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. Defendants are presumed 
innocent and have the right to be present, have access to a lawyer (if 
indigent, to one provided by the state), to confront witnesses against 
them, to present witnesses or evidence on their behalf, and to appeal; 
the Government generally respected these rights.
    A criminal tribunal is composed of one judge, two deputy judges, 
and two jurors. Defendants have access to government-held evidence 
against them through their lawyer. These rights extend to all citizens.
    Minor disputes may be taken to a local chief, particularly in rural 
areas, but the Government did not always recognize such decisions.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There was an independent 
civil judiciary, but it was susceptible to government influence and 
corruption. Corruption was also a problem in the enforcement of 
domestic court orders. Administrative remedies were not generally 
available.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit 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.
    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 movement of citizens.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government 
generally did not respect these rights in practice. Many citizens 
hesitated to criticize the Government for fear of losing their jobs. 
However, the few opposition legislators in the National Assembly openly 
criticized the Government. Local journalists generally practiced self-
censorship. Virtually no citizen, journalist, or politician directly 
criticized President Bongo.
    In January the minister of interior temporarily suspended four NGO 
coalitions comprising 20 local NGOs for allegedly engaging in political 
activities, a violation of their legal mandate. The sanction was 
ordered after the NGOs released a public statement condemning the lack 
of good governance in the country. President Bongo reportedly 
reinstated the NGOs following domestic and international pressure.
    In November police assaulted a reporter of Gabonpage, an Internet-
based daily news Web site, while he was taking pictures of a sidewalk 
cleanup operation.
    In December members of the Republican Guard beat up a reporter of 
the weekly newspaper Le Nganga after he published an article 
implicating the president's daughter and chief of staff, Pascaline 
Bongo, in an embezzlement scandal.
    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, 
but 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. There is a fine line 
between what the Government considers acceptable and unacceptable 
criticism. Most journalists understand this limitation and publish 
accordingly but occasionally cross the line as in the case of the 
monthly newspaper Tendance. The National Communication Council (CNC) 
ordered a three-month suspension for Tendance in March after it 
reprinted an article featured in the French newspaper Le Monde, 
detailing many of the houses owned by President Bongo and his immediate 
family members in France.
    Foreign newspapers and magazines were widely available.
    The Government owned and operated two radio stations that broadcast 
throughout the country. Much of their news coverage concerned the 
activities of government officials, although 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 broadcast locally.
    The Government owned and operated two television stations. Four 
privately owned television stations transmitted 24 hours a day. 
Satellite television reception was available.
    Although the reasons for the 2007 ban remain in effect, L'Espoir 
resumed publication in June. The Gri-Gri International ban remained in 
effect at year's end.
    The law stipulates that penalties for libel and other offenses 
include a one- to three-month publishing suspension for a first offense 
and a three- to six-month suspension for repeat offenses. Editors and 
authors of libelous articles can be jailed for two to six months and 
fined 500,000 to five million CFA francs ($1,000 to $11,000).
    Libel can be either a criminal offense or a civil matter. The law 
authorizes the Government to initiate criminal libel prosecution 
against persons for libeling elected government officials; it also 
authorizes the state to criminalize civil libel suits.
    In March the CNC suspended the newspaper Croissance Saine 
Environnement for allegedly making false allegations against the 
manager of the local office of the Government body in charge of social 
security and pensions, la Caisse Nationale de la Securite Sociale. The 
CNC said that the suspension would be lifted if the newspaper could 
prove its claims. The publication resumed printing in August although 
it is not clear if the newspaper was able to prove its claims.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Approximately seven percent of the population used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and the law provide 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 Ministry of Interior maintained an official registry of 
religious groups and refused to register approximately 10 small 
indigenous groups. Nevertheless, in practice the Government allows 
members of these groups to assemble, practice their religion, and to 
proselytize.
    In recent years, some Protestant denominations have alleged that 
the Government television station accorded free broadcast time to the 
Catholic Church but not to minority religious groups. Others alleged 
that the armed forces favored Roman Catholics and Muslims in hiring and 
promotion.

    Societal Abuses and Discrimination.--There was no significant 
Jewish community in the country, and there were no reports of anti-
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Although the constitution and law 
provide for freedom of movement within the country, foreign travel, 
emigration, and repatriation, the Government frequently restricted 
these rights in practice. The Government granted refugee status or 
asylum and cooperated with the UN High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees and 
asylum seekers.
    There were no legally mandated restrictions on internal movement, 
but police and gendarmes continued to stop travelers frequently to 
check identity, residence, or registration documents, or to demand 
bribes. 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 with 
threats of confiscation of residency documents or imprisonment. 
Residency permits cost 100,000 CFA francs ($215) per year, and first 
time applicants were required to provide the cost of a one way air 
ticket to their country of origin. In principle, but usually not in 
practice, the Government refunded the cost of the air ticket when the 
individual departed the country permanently.
    There were reports that, without explanation, authorities denied 
passport applications for travel abroad. There also were reports of 
unreasonable delays in obtaining passports, despite a government 
commitment to process passport applications within three days. The 
Government intermittently enforced a regulation requiring married women 
to obtain their husbands' permission to travel abroad.
    In June, September, and November, airport authorities prevented 
Marc Ona, coordinator of the NGO ``Publish What You Pay,'' from 
traveling out of the country (See Section 1.d.). Ona was told that 
airport officials were acting under instructions from the Ministry of 
Interior, but that the ministry would not state a legal basis for its 
actions. On a previous trip to France, Ona, a staunch critic of the 
Bongo administration, symbolically seized one of Bongo's residences on 
behalf of the Gabonese people, announcing to the press that the 
property was purchased with funds obtained from corruption.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, refugees complained about 
widespread harassment, extortion, and detentions by security forces.
    To reduce mistreatment of refugees, the Government started 
replacing UNHCR-issued identity cards with those issued by the 
Government. By year's end almost 37 percent of refugees in the country 
who qualified had been issued new cards. This, in conjunction with a 
UNHCR-led information campaign, helped reduce discrimination against 
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens partially exercised this right in 
practice through periodic and generally fair elections.

    Elections and Political Participation.--In April local elections 
were held to fill 1,190 municipal and departmental seats throughout the 
country. The ruling PDG won overwhelmingly, taking 96 percent of the 
seats. The independent electoral commission reported that only 25-30 
percent of voters participated in the election, and independent 
observers estimated that the actual abstention rate was likely even 
higher. Polls did not open or close on time at several polling places, 
and elections in a handful of constituencies had to be rescheduled 
because of logistical and other problems. About 70 candidates brought 
electoral challenges before the Constitutional Court following the 
elections, and the court reviewed and ruled on all of the contested 
seats by year's end.
    In 2006 elections were held to fill the 120 seats in the National 
Assembly. President Bongo's party, the PDG, and other parties in the 
ruling coalition won the majority of seats. Results of several seats 
were contested and nullified by the Constitutional Court; however, in 
the runoff elections, the PDG still held a majority with 83 seats. 
Other parties allied with the PDG won 19 seats. Opposition parties won 
10 seats, while the remaining seats went to independents or unaligned 
parties.
    In 2005 President Bongo was reelected for another seven year term 
in an election marred by irregularities including incomplete and 
inaccurate electoral lists, abuse of government resources, and unequal 
access to the media. There were also charges of vote buying, multiple 
voting, and ballot stuffing.
    The Government was dominated by a strong presidency. When 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.
    A single party, the PDG, has remained in power since its creation 
by President Bongo in 1968.
    Political parties could operate without restriction or outside 
interference.
    There were 18 women in the 120-member National Assembly and 13 
women in the 49-member cabinet.
    Members of all major ethnic groups continued to occupy prominent 
government positions; however, members of the president's Bateke ethnic 
group and other southerners held a disproportionately large number of 
key positions in the security forces. The minister of defense and the 
chief of the Republican Guard were from the same region or ethnic group 
as the president.
    Indigenous Pygmies rarely participated in the political process, 
and the Government made only limited efforts to include them.

    Government Corruption and Transparency.--Official corruption was 
widespread, and there was extensive media coverage of police abuses, 
particularly at checkpoints. Although the Commission against Illegal 
Enrichment carried out an investigation, they took no other action 
against corrupt officials during the year.
    The Anticorruption Commission required civil servants to disclose 
their financial assets before assuming office; however, this 
requirement was not always followed in practice.
    The World Bank Worldwide Governance Indicators reflected that 
corruption was a severe problem.
    The law does not provide for public access to government 
information, and the Government did not allow such access in practice.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Some local human rights NGOs and activists operated without 
government restriction, investigating and publishing their findings. 
Government officials took no known actions on their recommendations.
    There were no reports of the Government restricting the work of 
international human rights and humanitarian NGOs, and it worked closely 
and effectively with representatives from the UN, including the UN 
Children's Fund (UNICEF) and UNHCR.
    There was no human rights ombudsman or commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    Although the constitution and law prohibit discrimination based on 
national origin, race, gender, disability, language, or social status, 
the Government did not enforce these provisions uniformly.

    Women.--Rape is against the law and carries a penalty of between 
five and 10 years' imprisonment; however, rape cases were seldom 
prosecuted and were sometimes perpetrated by law enforcement officials 
on female noncitizens and prostitutes. The problem was widespread. Only 
limited medical and legal assistance for rape victims was available.
    The law prohibits domestic violence; however, it was believed to be 
common, especially in rural areas. Penalties for domestic violence 
range from two months to 15 years in prison. Police rarely intervened 
in such incidents, and women virtually never filed complaints with 
civil authorities.
    Although illegal, female genital mutilation (FGM) was believed to 
occur among the resident population of noncitizen Africans; however, 
there were no specific reports of such practices during the year.
    Although the law prohibits prostitution, it was a problem. There 
were reports of police officers beating, robbing, and raping 
prostitutes.
    There is no law that prohibits sexual harassment, and it was a 
problem. The Government and 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, investment, employment, credit, and pay for 
similar work; however, women continued to face considerable societal 
and legal discrimination, especially in rural areas. While poor women 
frequently suffered discrimination, women among the educated urban 
population were treated more equally. Women owned businesses and 
property, participated in politics, and worked throughout the 
Government and in the private sector.
    By law, couples must stipulate at the time of marriage whether they 
intend to adhere to a monogamous or a polygamous relationship; 
polygamous marriages were more common. For monogamous married couples, 
a common property law provides for the equal distribution of assets 
after divorce. In a polygamous marriage, a husband is obligated to give 
all wives the same level of financial support, although he may marry 
additional wives without permission from his existing wives. Wives who 
leave polygamous husbands receive 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.
    Regulation requires that a woman obtain her husband's permission to 
travel abroad; however, this requirement was not enforced consistently.

    Children.--In general, the Government showed a commitment to 
children's rights and welfare. It publicly expressed its commitment to 
youth, provided 13,000 academic scholarships during the year, and used 
oil revenues to build schools, pay teacher salaries, and promote 
education, including in rural areas. However, there were numerous 
reports of shortages of classrooms and teachers in public schools. 
Education is compulsory until age 16 and was generally available 
through sixth grade.
    There was some evidence of physical abuse of children. There were 
occasional reports that family members sexually abused girls who had 
passed puberty. When such reports surfaced, the accused abusers were 
arrested and tried.
    FGM was believed to occur among the resident population of 
noncitizen Africans.
    Child marriage was a problem and there was no government effort to 
combat the practice.
    Concerns about the problems faced by the large community of 
children of noncitizen Africans persisted. Some were victims of child 
trafficking and abuses.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons, particularly women and 
children, were trafficked to the country.
    The police and an interministerial committee composed of 
representatives from the labor, justice, foreign affairs, and family 
ministries, were responsible for combating trafficking. The Government 
also cooperated with UNICEF, the International Labor Organization, and 
diplomatic missions in the country.
    Children (especially girls), primarily from Benin and Togo, worked 
as domestic servants or in the informal commercial sector. Boys were 
trafficked for street hawking and forced labor in small workshops. 
Nigerian children, also victims of trafficking, 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. No accurate statistics were 
available on the number of trafficking victims in the country.
    There continued to be 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.
    The law provides for prison sentences for traffickers of five to 15 
years' imprisonment and fines from 10 million to 20 million CFA francs 
($22,000 to $43,000). However, the Government's antitrafficking law 
enforcement efforts were mixed. There were several arrests for 
trafficking offenses, and in some cases prolonged detention of 
suspects. However, prosecution was infrequent and the Government did 
not report any trafficking convictions during the year. Authorities did 
require some suspected traffickers to pay the cost of repatriating 
trafficked victims to their countries of origin; however, the 
consequent absence of victims made successful prosecution of 
traffickers more difficult.
    There were reports that frustration over lack of prosecutorial 
action led police to conduct fewer raids this year.
    Government agencies, in cooperation with UNICEF, provided care for 
victims, in some cases through NGOs.
    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. A government-funded 
reception center offered protection for trafficking victims, including 
food, education, medical care, and repatriation assistance. A second 
center, run by Carmelite nuns, provided similar services for older 
girls and young women.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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.--Pygmies were the earliest known inhabitants of 
the country. Small numbers of Pygmies continue to live in large tracts 
of rain forest in the northeast. Most Pygmies, however, were relocated 
to communities along the major roads during the late colonial and early 
post-independence period, together with other residents of remote 
communities. The law grants them the same civil rights as other 
citizens, but Pygmies remained largely outside of formal authority, 
keeping their own traditions, independent communities, and local 
decision making structures. Pygmies suffered societal discrimination, 
often lived in extreme poverty, and did not have easy access to public 
services. Their Bantu neighbors often exploited their labor by paying 
them much less than the minimum wage. Despite their equal status under 
the law, Pygmies generally felt they had little recourse if mistreated 
by Bantu. There were no specific government programs or policies to 
assist Pygmies.

    Other Societal Abuses and Discrimination.--There was considerable 
discrimination against persons with HIV/AIDS. One local NGO worked 
closely with the minister of health to combat both the associated 
stigma and the spread of the disease.
    The same organization also worked to combat the stigma associated 
with homosexuality, but did not receive any assistance from the 
Government for these activities.
Section 6. Worker Rights
    a. The Right of Association.--The law places no restrictions on the 
right of association and recognizes the right of citizens to form and 
join trade and labor unions; workers exercised these rights in 
practice. The small private sector industrial workforce was generally 
unionized. Unions must register with the Government to be recognized 
officially, and registration was granted routinely.
    The law provides workers the right to strike; however, they may do 
so only after eight days' advance notification and also only after 
arbitration fails. Public sector employees' right to strike is limited 
if a strike could jeopardize public safety. The law prohibits 
government action against individual strikers who abide by the 
notification and arbitration provisions.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without government interference, and 
the Government protected this right. The law provides for collective 
bargaining by industry, not by firm, and collectively bargained 
agreements set wages for whole industries. Labor and management met to 
negotiate differences, with observers from the Ministry of Labor. 
Agreements negotiated by unions also applied to nonunion workers.
    Discrimination on the basis of union membership is illegal. 
Employers who are found guilty by civil courts of having engaged in 
such discrimination may be required to compensate employees. Trade 
unions in both the public and private sectors were often discriminated 
against. Their demands and/or requests for negotiations were sometimes 
ignored or denied.
    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 such practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although children below the age of 16 may not work without the express 
consent of the ministries of labor, education, and public health, child 
labor was a serious problem. The law 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. Such children generally 
did not attend school, received only limited medical attention, and 
often were exploited by employers or foster families. Laws forbidding 
child labor extended protection to these children, but abuses often 
were not reported.
    The constitution and labor code protect children against 
exploitation. 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, violations were not 
systematically addressed because the inspection force was inadequate, 
and complaints were not investigated routinely. The Government viewed 
child labor and child trafficking as closely linked; the only available 
survey of children in the informal urban labor force found that 97 
percent were noncitizens.

    e. Acceptable Conditions of Work.--In 2006 the president announced 
an increase in the monthly minimum wage from 44,000 to 80,000 CFA 
francs ($94 to $172); government workers received an additional monthly 
allowance of 20,000 CFA francs ($43) 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 Ministry of Labor was responsible for enforcing the 
minimum wage standards and, in general, it did so effectively.
    The labor code governs working conditions and benefits for all 
formal sectors and provides a broad range of protection to workers; 
however, the Government sometimes did not respect these protections. 
According to the law, representatives of labor, management, and the 
Government are required to meet annually to examine economic and labor 
conditions and to recommend a minimum wage rate to the president, who 
then issues an annual decree. This procedure has not been followed 
since 1994, in part because the Government was following a policy of 
wage austerity recommended by international financial institutions.
    The labor code stipulates a 40 hour workweek with a minimum rest 
period of 48 consecutive hours. Employers must compensate workers for 
overtime work.
    According to the labor code and related decrees, the daily limit 
can be extended to perform specified preparatory or complementary work, 
including work necessary to start machines in a factory and by 
supervisors whose presence at the workplace is indispensable. The 
additional hours range from 30 minutes to two hours, depending on the 
type of work.
    The daily limit does not apply to establishments in which work is 
performed on a continuous basis and those providing services that 
cannot be subject to a daily limit, including in retail, transport, 
dock work, hotels and catering, housekeeping, guarding, security, 
medical establishments, domestic work, and the press.
    The daily limit can be extended for urgent work to prevent or 
repair accidents. The additional hours are without limit on the first 
day and two hours on following days. The general limit for overtime is 
20 hours per week.
    Overtime compensation varies as it is determined by collective 
agreements or government regulations.
    Companies in the formal sector generally paid competitive wages and 
granted the fringe benefits required by law, including maternity leave 
and six weeks of annual paid vacation.
    The Ministry of Health established occupational health and safety 
standards but 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, were obliged to work under 
substandard conditions; were dismissed without notice or recourse; or 
were mistreated physically, especially in the case of illegal 
immigrants. Employers frequently paid noncitizens less and required 
them to work longer hours, often hiring them on a short term, casual 
basis to avoid paying taxes, social security contributions, and other 
benefits.

                               __________

                              GAMBIA, THE

    The Gambia is a multiparty, democratic republic with a population 
of 1.5 million. In 2006 President Alhaji Yahya Jammeh was reelected for 
a third five-year term in an election considered partially free and 
fair. President Jammeh's party, the Alliance for Patriotic 
Reorientation and Construction (APRC), continued to dominate after the 
National Assembly elections held in January 2007, which were also 
considered partially free and fair. In the local government elections 
held in January, the ruling APRC won the two contested mayoral seats as 
well as an overwhelming majority of the local council seats. The 
elections were considered free and fair but observers expressed concern 
over the low voter turnout. In 2006 a coup attempt was uncovered, and 
approximately 50 suspects were detained, one of whom remained in 
detention undergoing trial on charges of treason at year's end. While 
civilian authorities generally maintained effective control of the 
security forces, there were some instances in which elements of the 
security forces acted independently.
    The Government's respect for the human rights of its citizens did 
not improve during the year. Amnesty International (AI) reported in 
November that ``fear rules'' in The Gambia and the human rights 
situation has worsened since a foiled coup attempt against President 
Jammeh in 2006. Although the constitution and law provide for 
protection of most human rights, there were problems in many areas. 
Prison conditions remained poor, resulting in deaths. Arbitrary arrests 
and detentions, often without warrants, continued. Security forces 
harassed and mistreated detainees, prisoners, opposition members, and 
journalists with impunity. Prisoners were held incommunicado, faced 
prolonged pretrial detention, held without charge, denied access to 
families and lawyers, and were tortured and denied due process. The 
Government restricted freedom of speech and press through intimidation, 
detention, and restrictive legislation. Women experienced violence and 
discrimination, and female genital mutilation (FGM) remained a problem. 
Child labor and trafficking in persons also were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    On November 25, Dodou Janneh, a police volunteer attached to the 
National Drug Enforcement Agency, was convicted of the May 2007 killing 
of Sheriff Minteh during a police raid in Serrekunda.
    There were no developments in the case of five detainees accused of 
involvement in the 2006 coup plot and who the Government claimed had 
escaped during a prison transfer.
    On August 15, the United Nations announced that a joint fact-
finding team from the UN and the Economic Community of West African 
States (ECOWAS) would look into the deaths of a number of Ghanaian 
nationals, some of whom were found buried in The Gambia in 2005. Media 
reported that more than 50 Ghanaians and other West African nationals 
were killed. The team was established at the request of both 
governments and includes representatives appointed by The Gambia and 
Ghana.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    The Government denied holding journalist ``Chief'' Ebrima Manneh 
who disappeared in 2006. However, on June 5, the ECOWAS Community Court 
of Justice ordered the Gambian authorities to release Manneh, who was 
reportedly arrested by state security agents. The court declared his 
continued detention illegal and ordered the Government to pay 
compensation of $100,000 (dalasi 2,700,000) to Manneh's family (the 
fine was specified in dollars). The ruling followed a lawsuit filed in 
June 2007 by the Media Foundation for West Africa (MFWA) based in 
Ghana. The Government did not send representatives to the trial despite 
numerous subpoenas. In July 2007 Manneh was reportedly sighted seeking 
medical treatment under police supervision at a hospital in Banjul, but 
his whereabouts remained unknown at year's end.
    On March 19, Foroyaa newspaper reported that United Democratic 
Party (UDP) supporter Kanyiba Kanyi, who was arrested at his home in 
Bonto village in 2006 by men believed to be state security agents, was 
reportedly sighted at the Royal Victoria Hospital on March 14 under the 
escort of wardens from Mile 2 Central Prison. A family member told 
Foroyaa that one of their relatives saw Kanyi at the out-patients unit, 
where he went for a medical check up. Kanyi appeared weak and was being 
assisted by his guards.
    On May 21, Kanyi's lawyer filed a fresh application to force the 
state to comply with the October and December 2006 high court rulings 
to free Kanyi. This application was supported by an affidavit from a 
former political detainee, elected local councilor Ousman Rambo Jatta, 
who stated he was held with Kanyi in one of his places of detention. 
The judge expressed disappointment that the previous high court ruling 
had been flouted and stated that it was clear Kanyi was in the hands of 
state security. The prosecutor stated that his office had written to 
the security agencies asking them to comply with the court order but 
had not received a response. The lawyer maintained that Kanyi is being 
held by the National Intelligence Agency (NIA).
    The whereabouts of former chief of defense Colonel Ndure Cham, the 
alleged mastermind of the 2006 coup plot, remained unknown at year's 
end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that security forces beat, tortured, and mistreated 
persons in custody.
    During the trial that concluded in April of nine separatist rebels 
from the Senegalese province of Casamance, four of the accused told the 
court that they were severely tortured during detention and stated 
their statements presented as evidence were obtained under duress. 
Similar claims of torture were made by detainees held in connection 
with the 2006 coup plot. The Government did not respond to these 
allegations.
    On March 1, Amadou Sanyang of Latrikunda Picadilly alleged that he 
was stabbed by an officer of the Police Intervention Unit (PIU). 
Sanyang told a local newspaper that the incident happened when four PIU 
officers arrested several young men after accusing them of smoking 
cannabis. He identified two of his assailants as Abubacarr Sidi Mass 
and Lamin Ceesay. The officer-in-charge of the police human rights unit 
confirmed the report and stated the matter had been brought to the 
attention of the relevant authorities. There were no further 
developments at year's end.
    On June 24, five residents of Lamin Daranka, who were evicted from 
their homes and arrested, stated they were severely beaten with batons 
and tortured by officers of the PIU. Musa Manneh, Lamin Sarjo, Abdoulie 
Jatta, Numo Sarjo, and Ebrima Jatta showed a local journalist bruises 
and other injuries which they alleged were inflicted by the PIU 
officers during their arrest and transfer to Yundum Police Station. 
They were held for four days before being granted bail.
    On September 29, Abdoulie Faye, who was convicted of stealing a 
ram, told a magistrate court that seven agents of the Criminal 
Investigation Division of The Gambia Police Force tortured him during 
his detention at the Banjul Police Station. Faye stated he was arrested 
on September 11, detained for 18 days, and repeatedly denied bail 
despite several attempts to obtain it by his relatives.
    The Indemnity Act continued to prevent victims from seeking redress 
in torture cases related to official actions taken by military 
personnel during military rule from 1994-96. The army requires victims 
to file formal complaints with the courts regarding alleged torture 
that occurred outside the official military rule period. However, there 
were no known prosecutions in civil or military courts of security 
force members accused of mistreating individuals during the year. At 
the closing ceremony of a civil-military relations seminar in August 
2007, the chief of defense staff publicly announced a zero-tolerance 
policy for military abuse of civilians, and some reports indicated such 
abuse may have declined.
    In November 2007 the MFWA filed a lawsuit against the Government at 
the ECOWAS court over the 2006 illegal detention and torture of 
journalist Musa Saidykhan, editor in chief of The Independent 
newspaper. Saidykhan claimed electric shocks were administered to his 
naked body during his 22-day detention before he was released without 
being charged. No government representative appeared at the ECOWAS 
hearing and the Government did not respond to the torture allegations 
by year's end.

    Prison and Detention Center Conditions.--Prison conditions 
generally did not meet international standards, although detention 
center conditions generally did. The Government permitted some visits 
by independent human rights observers, but they were not allowed to 
visit detainees and prisoners connected to matters considered 
politically sensitive.
    Local jails were overcrowded, and inmates, including detainees 
awaiting trial, occasionally slept on the floor. Inmates complained of 
mistreatment by guards, poor sanitation, and inadequate nutrition, and 
often relied upon outside sources of food, which was allowed prior to 
conviction. Prison guards were reluctant to intervene in fights between 
prisoners, which resulted in injuries.
    Although prison officials made attempts to improve prisoners' 
nutrition and well-being during the year, there were unconfirmed 
reports of deaths of prisoners at the Mile 2 Prison due to poor diet, 
health, and living conditions. AI reported it was aware of at least 19 
persons who have died while in Mile 2 Prison since 2005. Prison 
officials maintained that prisoners had access to round-the-clock 
medical care.
    There were reports that women occasionally were held with men. 
During her trial in 2007, convicted murderer Tabara Samba stated in 
court that she was held in the same cell with male prisoners.
    Pretrial detainees were held together with convicted prisoners.
    The Government permitted restricted independent monitoring of 
prison conditions by some local and international human rights groups; 
however, neither the media nor the International Committee of the Red 
Cross was granted access to detainees or prisoners during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, there were numerous 
instances of police and security forces arbitrarily arresting and 
detaining citizens.

    Role of the Police and Security Apparatus.--The armed forces are 
responsible for external defense and report to the Secretary of State 
(minister) for defense, a position held by the president. The police, 
under the Secretary of State for the interior, are responsible for 
public security. The NIA is responsible for protecting state security, 
collecting intelligence, and conducting covert investigations, and 
reports directly to the president. The NIA is not authorized to 
investigate police abuses, but during the year the NIA often assumed 
police functions such as detaining and questioning criminal suspects. 
Security forces frequently were corrupt and ineffective. On occasion 
security forces acted with impunity and defied court orders.
    The police's human rights and complaints unit receives and 
addresses complaints of human rights abuses committed by police 
officers from both civilians and other police officers. During the year 
the unit received several complaints, and some police officers faced 
disciplinary actions as a result.
    There were no developments in the case of two women who claimed to 
have been raped in April 2007 by three men they alleged were police 
officers.

    Arrest and Detention.--The law requires that authorities obtain a 
warrant before arresting a person; however, in practice individuals 
often were arrested without a warrant. Periods of detention generally 
ranged from a few hours to 72 hours, the legal limit after which 
detainees must be charged or released; however, there were numerous 
instances of detentions surpassing the limit.
    On April 28, a prominent businessman, Alhaji Banta Kaira, and a 
business consultant, Dodou Jobe, were arrested by state security agents 
and held at Mile 2 Central Prison. There was no official information 
about the reasons for their detention. Kaira was released on bail on 
May 26 and Jobe was released on June 28.
    In May the Financial Director of the NIA, Bakary Gassama, was 
arrested and held for several months before being charged and brought 
to court on September 26 on one count of abuse of office. On December 
3, the court discharged him but he was immediately rearrested and was 
in detention at year's end.
    On December 12, a local newspaper reported that two brothers, Lamin 
Marong and Ebrima Marong, had been in detention for three months 
without charge and remained in detention at year's end.
    On December 16, a Nigerian pastor, Gideon A. Adeoye was arrested 
for allegedly ``spreading false information'' about the country's 
military. At year's end he was still in detention.
    There was a functioning bail system; however, on occasion, the 
courts released accused offenders on bail, while the police or other 
law enforcement agencies rearrested offenders upon their leaving the 
court. Detainees generally were not promptly informed of charges 
against them, nor were they allowed prompt access to a lawyer or family 
members. However, convicted prisoners were generally permitted to meet 
privately with their attorneys. Persons accused of murder or 
manslaughter, and who are indigent, are provided a lawyer at public 
expense.
    Military decrees enacted prior to the adoption of the constitution 
give the NIA and the Secretary of State for the interior broad powers 
to detain individuals indefinitely without charge ``in the interest of 
national security.'' These detention decrees are inconsistent with the 
constitution, but they have not been subject to judicial challenge. The 
Government claimed that it no longer enforced the decrees; however, 
there were several cases during the year of detentions that exceeded 
the 72-hour limit. There were also reports that some government 
employed detainees held at length without conviction were not paid 
their salaries, although the law provides that civil servants, 
including military officers, in detention or on trial for criminal 
offenses be paid half of their salary. The second half is paid to them 
in the case of acquittal.
    There were no reports of arbitrary arrests of political opponents 
during the year. However, the whereabouts of some political detainees, 
including a journalist and an opposition supporter detained in 2006, 
remained unknown at year's end.
    During the year some detainees were held incommunicado for extended 
periods.
    One suspect in connection with the 2006 coup attempt remained in 
detention at year's end. Hamadi Sowe was charged with concealment of 
treason and his trial, which began in December 2007, was ongoing at 
year's end. On April 16, security force member Yaya Bajinka, who was 
arrested in connection with the 2006 coup plot, was released 
unconditionally.
    On May 14, Foroyaa newspaper reported that former National 
Intelligence Agency operative Kebba Secka had been detained for a year 
at Mile 2 Prison. He had not been charged or brought to court by year's 
end.
    Backlogs and inefficiency in the justice system resulted in lengthy 
pretrial detentions. Approximately 30 inmates in the prison system were 
in pretrial detention, and some had been incarcerated for several years 
while awaiting trial. Several long-term detainees were released without 
charge or pardoned during the year.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the courts demonstrated independence 
on several occasions. However, in practice the courts, particularly at 
the lower levels, were corrupt and at times subject to executive 
pressure. AI noted that the presidential power to remove a judge in 
consultation with the Judicial Service Commission (JSC) impedes 
judicial independence. In practice, during the year the president 
removed three High Court judges without consulting the JSC.
    Judges presiding over ``sensitive'' cases and who made decisions 
not considered favorable to the Government risked being fired. On July 
10, newly appointed High Court Judge B.Y Camara was dismissed, but 
later reinstated, without explanation, but unconfirmed reports stated 
his firing was linked to his handling of the trial of foreign fugitive 
Christopher Badjie. Also on July 10, Justice Haddy Roche, who in 
previous years made decisions not favorable to the Government, was 
dismissed from her job without explanation. She was later reinstated as 
the presiding judge at the Commercial Division of the High Court. On 
September 11, Justice Naa-Ceesay Sallah-Wadda of the High Court in 
Banjul, was dismissed without explanation. Her firing was reportedly 
related to her decision to grant bail to British mining engineer 
Charles Northfield, who was arrested on February 12 when the mining 
license of his employer, Carnegie Minerals, was withdrawn. In late 
August Northfield jumped bail and fled to the United Kingdom. Justice 
Sallah-Wadda was also reinstated in her job.
    There were instances of the Government and security forces 
disregarding court orders when suspects were rearrested so that the 
prosecution could have more time to prepare its case.
    On February 14, two suspects in a government vehicle theft case, 
former presidential bodyguard Bakary Camara and the managing director 
of Boto Construction Company, Modou Lamin Sonko, were granted bail by 
the Banjul Magistrate's Court, but rearrested and detained for more 
than 72 hours. Sonko was later released but Camara was retried and 
sentenced to one year in prison.
    On June 10, former Police Superintendent Manlafi Sanyang, who was 
standing trial on charges of theft of a government vehicle, was 
acquitted by a court in Banjul but was immediately rearrested by the 
police who pressed fresh charges against him. Sanyang, who served seven 
months in detention during the trial, was convicted on August 14 and 
sentenced to 13 months in prison. He died in prison six days later.
    On August 6, police rearrested Kenyan-born Dida Halake, the former 
managing director of the Daily Observer, who was standing trial for 
providing false information, after the Kanifing Magistrates Court 
dismissed the case against him for lack of evidence. Halake, who has 
British nationality, was detained briefly at Serrekunda Police Station 
but was later released unconditionally and has returned to the UK.
    The judicial system is composed of the Supreme Court, the Court of 
Appeal, high courts, and eight magistrate courts. Cadi courts have 
jurisdiction over Islamic matters of marriage, divorce, land disputes, 
and inheritance where Muslim parties are involved. District chiefs 
preside over local tribunals that administer customary law at the 
district level. Cadi courts and district tribunals do not offer 
standard legal representation to the parties involved, since lawyers 
are not trained in Islamic or customary law. Military tribunals cannot 
try civilians.
    In June 2007 a judicial complaints board was established in the 
Office of the Chief Justice. The board is chaired by the chief justice 
and includes the attorney general and Secretary of State for justice, 
the Secretary of State for the interior, the inspector general of 
police, the director general of the NIA, the master of the high court, 
and the judicial secretary. The board reportedly was fully operational 
and heard several complaints during the year.

    Trial Procedures.--The constitution and law provide for a fair and 
public trial, and the judiciary generally enforced this right, although 
frequent delays and missing or unavailable witnesses, judges, and 
lawyers often impeded the process. Many cases were also delayed because 
of adjournments designed to allow the police or NIA time to continue 
their investigations. Both civilian trials and courts martial are held 
in public, but occasionally closed-court sessions were held to protect 
the identity of a witness. No juries are used in the civilian courts, 
but courts martial proceedings are presided over by a judge advocate 
assisted by a panel of senior military officers.
    Indigent defendants charged with murder or manslaughter have a 
right to an attorney provided at public expense. The prosecution 
prepares a case file, including testimonies and evidence, and provides 
a copy for the defense. Defendants are presumed innocent, have the 
right to confront witnesses and evidence against them, present 
witnesses on their own behalf, have the right to an attorney, and 
appeal judgment to a higher court. The law extends the above rights to 
all citizens, and there were no groups that were denied these rights. 
According to AI, detainees were rarely informed of their rights and/or 
reason for their arrest or detention.
    The judicial system suffered from inefficiency at all levels. Cases 
continued to be delayed because the court system was overburdened. To 
alleviate the backlog, the Government continued to recruit judges and 
magistrates from other Commonwealth countries that have 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.
    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. General law, following the British model, applied to 
felonies and misdemeanors in urban areas and to the formal business 
sector.

    Political Prisoners and Detainees.--During the year there were 
credible reports that the Government held civilians based on their 
political views or associations and that some were held incommunicado 
for prolonged periods. Unlike the previous year, there were no reports 
that the Government arrested and detained opposition members who 
publicly criticized or who expressed views in disagreement with the 
Government.

    Civil Judicial Procedures and Remedies.--The High Court has 
jurisdiction to hear cases for civil and human rights violations, 
although it may decline to exercise its powers if it is satisfied that 
adequate means of redress are available under other laws. The Indemnity 
Act continued to prevent victims from seeking redress in some cases.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, but 
the Government did not always respect these prohibitions in practice. 
Decree 45, which provides constitutional safeguards against arbitrary 
searches and the seizure of property without due process, remained in 
effect, and the Government generally enforced it.
    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 and law provide 
for freedom of speech and of the press; however, the Government limited 
these rights by intimidation, detention, and restrictive legislation. 
Although the independent press practiced a degree of self-censorship, 
opposition views regularly appeared in the independent press, and there 
was frequent criticism of the Government in the private media.
    The Government published one newspaper, The Gambia Daily. The 
privately owned Daily Observer favored the Government in its coverage. 
There were seven other independent newspapers, including one published 
by an opposition political party that remained highly critical of the 
Government. There was one independent biweekly magazine.
    One government-owned and nine private radio stations broadcast 
throughout the country. During most of the year the Government-owned 
Gambia Radio and Television Services (GRTS) gave limited coverage to 
opposition activities. GRTS television rebroadcasts CNN while local 
radio stations rebroadcast the BBC, Radio France Internationale, the 
Voice of America, and other foreign news reports, and all were 
available via shortwave radio. GRTS television, foreign cable, and 
satellite television channels broadcasting independent news coverage 
were available in many parts of the country, and the Government allowed 
unrestricted access to such networks.
    The deterioration of the country's media environment continued 
during the year. The Government harassed journalists who wrote articles 
it considered inaccurate or investigated cases it considered sensitive. 
Several journalists reportedly went into hiding out of fear of 
government retaliation.
    On May 19, a magistrate in Banjul acquitted Mamsait Ceesay, former 
press officer at the Office of the President of the charge of false 
publication. The charges against fellow journalist Malik Jones were 
dropped after he agreed to serve as a prosecution witness in the trial 
of Ceesay. He was later reinstated in his job.
    On July 17, the proprietor and managing editor of Today, Abdul 
Hamid Adiamoh, was arrested following the publication of a story about 
school children who skipped classes to salvage scrap metal to sell. On 
August 20, he was charged with publication with seditious intent and 
was ordered to cease publication. Adiamoh pled guilty to the charge of 
failure to renew his business license, and on September 17 was 
sentenced to a fine of 10,000 dalasi (approximately $370) or six months 
in prison. The fine was paid and the business license renewed which 
allowed the newspaper to resume publication. The trial on the charge of 
publication with seditious intent was ongoing at year's end.
    On August 18, U.S.-based Gambian journalist and political activist 
Fatou Jaw Manneh was convicted on charges of sedition and fined 250,000 
dalasi (approximately $9,260) or four years in prison. Her family and 
friends paid the fine. Manneh was arrested at Banjul airport in March 
2007. She was held for six days (beyond the 72-hour legal limit) before 
being charged with four sedition-related offenses based on remarks she 
made during a 2005 interview with an online newspaper.
    Security officials arbitrarily harassed and arrested journalists 
during the year. On September 9 and 10, journalist Fabakary Ceesay of 
Foroyaa newspaper claimed that he was asked by the inspector general of 
police to report to police headquarters or face severe consequences. 
Ceesay stated the police chief was displeased with a report published 
in Foroyaa on September 8 about the detention of a suspect for one 
month without charge.
    Following his release in October 2007, journalist Yaya Dampha and 
members of his family were granted asylum in Sweden.
    On December 30, a British missionary couple, David and Rachel 
Fulton, pled guilty and were sentenced to a one-year mandatory jail-
term with hard labor by a magistrate court in Banjul on charges of 
seditious publication stemming from e-mails they sent to supporters in 
the UK and Canada. They were also fined 250,000 dalasi (approximately 
$9,260) each or in default to serve a further 18 months in prison. The 
couple was arrested on November 29 for publishing ``negative articles'' 
and sending ``negative letters'' about the country and its government 
to individuals and organizations. They were in prison for the duration 
of the trial because they could not meet the bond set at 10 million 
dalasi (approximately $370,000).
    Journalist Lamin Fatty of The Independent newspaper, who in June 
2007 was convicted for publishing ``false news'' and fined 50,000 
dalasi (approximately $1,850), went into exile early in the year. He 
appealed his conviction and the appeal was pending in the courts at 
year's end.
    In some cases journalists from certain independent newspapers were 
denied access to state-sponsored events and press conferences due to 
official disapproval of their editorial stance.
    During the three-week campaign period before the January local 
government elections, opposition parties were allotted television time 
slots, but coverage of opposition rallies was limited. Contrary to the 
code of conduct adopted by the media for election coverage, the ruling 
APRC party received more coverage than the opposition, including on the 
``no campaigning'' day prior to the election.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. The Freedom newspaper Web site again became 
accessible. Individuals and groups could generally engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Although many citizens are illiterate and most did not have computers 
or Internet connections at home, Internet cafes were popular in urban 
areas.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. However, on July 
28, the Inspector General of Police banned the holding of a local mask 
dance called ``zimba'' and a musical event called ``furral'' until 
further notice. The order followed the death of a seven-year-old boy 
during a stampede at a ``zimba'' performance. The four dancers were 
charged with murder but on October 7, the prosecution withdrew the 
charges against three of them. The trial of the fourth dancer, Alieu 
Faal, was ongoing at year's end. The eight organizers of the ``zimba'' 
were fined 1,300 dalasi (approximately $48) each after they pled guilty 
to holding the event without a police permit.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. However, in what was widely seen as an attack on the 
``Shia'' doctrine of Islam, President Jammeh on July 24 called on the 
Supreme Islamic Council, the umbrella organization for all Muslim 
groups, to ``put its house in order'' and gave it a week to 
``regulate'' what he stated were the apparent Islamic differences in 
the country. On July 28, the Supreme Islamic Council issued a press 
release calling on media houses to halt any programs or publications 
that are seen to propagate the ``Shia'' doctrine.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuse or discrimination based on religious affiliation, 
belief, or practice. Prominent societal leaders took positive steps to 
promote religious freedom.
    There was no known Jewish community, and there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, but allow for ``reasonable restrictions.'' Restrictions 
were imposed on foreign travel for many persons released from 
detention, often because their travel documents were temporarily 
confiscated at the time of their arrest or soon afterwards. As a rule, 
all government employees were required to obtain permission from the 
office of the president before travelling abroad.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR), the World Food Program, and other 
humanitarian organizations in assisting refugees and asylum seekers 
with integration efforts. UNHCR coordinated government efforts with the 
International Organization for Migration, the Gambia Red Cross Society 
and other agencies to provide protection and assistance to refugees, 
returning refugees, and asylum seekers.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--Neither the constitution nor the law 
provides for the granting of asylum or refugee status in accordance 
with the 1951 UN Convention relating to the Status of Refugees and its 
1967 protocol, but the Government has established a system for 
providing such protection to refugees. The Government granted refugee 
status during the year. In practice the Government provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened. Approximately 6,200 Senegalese 
refugees remained in the country during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic elections held on the basis of universal suffrage.

    Elections and Political Participation.--On January 24, local 
government elections were held. The ruling APRC won the two contested 
mayoral seats plus 101 local council seats out of a total of 114. The 
opposition UDP won three seats, the National Alliance for Democracy and 
Development (NADD) won one seat; the National Reconciliation Party 
(NRP) won one seat, while the remaining eight wards were won by 
independent candidates. In the National Assembly elections held in 
January 2007, two separate opposition alliances contested with the 
ruling APRC, which won 42 of the 48 elected seats, and President Jammeh 
appointed five nominated members, including the speaker. On December 
18, the APRC won a by-election for the National Assembly seat of 
Nianija constituency. The contest was between the APRC and the NRP.
    In 2006 Alhaji Yahya Jammeh was reelected for a third term as 
president, winning approximately 67 percent of the vote. The main 
opposition political party, the UDP, challenged the election results; 
however, the courts upheld them.
    Individuals representing political parties or running as 
independents could freely declare their candidacy if their nominations 
were approved according to the rules of the Independent Electoral 
Commission.
    Political parties operated without restriction or government 
interference.
    International and local observers declared the local government 
elections free and fair but expressed concern at low voter turnout. The 
presidential and National Assembly elections were declared partially 
free and fair with shortcomings, including underage voting, voting by 
non-nationals, and biased media coverage in favor of President Jammeh. 
There were reports of security officers demonstrating partisan support 
while on duty in the days before both the presidential and National 
Assembly elections. Opposition parties criticized these irregularities 
and stated that the APRC did not adhere to the code of conduct in the 
political memorandum of understanding brokered by the British 
Commonwealth in 2005.
    UDP candidate in the National Assembly election Nfamara Bojang, who 
was arrested in January 2007, was acquitted on March 18 because of the 
prosecution's repeated failure to bring forward any witnesses.
    There were four women in the 53-seat National Assembly; two were 
elected and two were nominated by the president. At year's end there 
were six women in the 18-member cabinet, including the vice president.
    There were no statistics available on the percentage of minorities 
included in the legislature or the cabinet. However, President Jammeh 
and many members of his administration were from the previously 
marginalized minority Jola ethnic group.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively although some officials accused of 
corruption were prosecuted.
    The World Bank's Worldwide Governance Indicators reflected that 
corruption was a serious problem, although there were some government 
efforts to curb it during the year. The president often spoke against 
corruption, and leading political and administrative figures faced 
harsh sentences on charges of corruption and wrongdoing. In March 2007 
the National Assembly adopted a code of conduct in an effort to allow 
for greater accountability and transparency in the legislature.
    On August 7, the Managing Director of Gambia International Airlines 
(GIA), Lamin Sanyang, was arrested over allegations of mismanagement of 
funds of the state-owned company. He was detained until August 15 and 
then released unconditionally.
    Public officials were not subject to financial disclosure laws, and 
no specific government agency was responsible for combating corruption.
    The constitution and law do not provide for public access to 
government information. Under the Official Secrets Act, civil servants 
are not allowed to divulge information about their departments or to 
speak to the press without prior clearance from their department heads.
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. Some members 
of domestic human rights groups reportedly practiced self-censorship in 
matters related to the Government. Several groups expressed concern 
over the situation of detainees held incommunicado, but the Government 
did not respond.
    The Government allowed visits during the year by the UN and other 
international governmental organizations, such as ECOWAS and the 
Commonwealth Secretariat, but offered no response to reports issued 
after the visits.
    The Office of the Ombudsman operated a National Human Rights Unit 
(NHRU) to promote and protect human rights and to support vulnerable 
groups. The office was established by the Government and receives 
government funding. During the year the unit's reports focused on 
social and economic issues, such as gender, welfare, and child labor; 
however, the reports were not critical of the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, religion, 
gender, disability, language, or social status, and the Government 
generally enforced these prohibitions.

    Women.--The law prohibits rape, and the Government enforced the law 
effectively, although rape remained a widespread problem. The penalty 
for rape of an adult is life in prison, and the maximum penalty for 
attempted rape is seven years' imprisonment. The law against spousal 
rape was difficult to enforce effectively, as many did not consider 
spousal rape a crime and failed to report it.
    Domestic violence, including spousal abuse, was a widespread 
problem; however, it was underreported due to the stigma surrounding 
such violence. Police considered reported incidents to be domestic 
issues outside of their jurisdiction. There was no law prohibiting 
domestic violence; however, cases of domestic violence could be 
prosecuted under laws prohibiting rape, spousal rape, and assault.
    Prostitution is illegal; however, it was a problem particularly in 
the tourist areas. Unlike in the previous year, there were no reports 
that the Government expelled foreigners engaged in prostitution. 
Suspected prostitutes were arrested in periodic raids; those who pled 
guilty to charges of being ``rogues and vagabonds'' were sentenced to 
fines or imprisonment for seven to 30 days. The Tourism Offences Act 
deals with tourism-related offenses, including sex tourism, which was 
reportedly increasing. The act prohibits child prostitution, 
trafficking, and pornography.
    There are no laws against sexual harassment, although it was 
reportedly 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, access to credit, 
or owning and/or managing a business; however, women generally were 
employed in such pursuits 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 males. The concerned 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 had property and 
other rights arising from the marriage. They also had the option to 
divorce, but no legal right to disapprove or be notified in advance of 
subsequent marriages. The Women's Bureau, under the Office of the Vice 
President, oversees programs to ensure the legal rights of women. 
Active women's rights groups existed.
    During the year the National Reproductive and Child Health Unit of 
the Department of State for Health and Social Welfare continued to 
implement a reproductive health campaign launched in 2007. The 
campaign, which was funded by the World Health Organization, was 
designed to encourage men to become involved with sexual and 
reproductive health issues. In July 2007 the president declared that 
all maternal health care services would be provided free of charge in 
government-run hospitals, a practice that is in effect.

    Children.--The Government was committed to children's welfare; 
however, budgetary constraints limited resources available to support 
education, health, and social services.
    Not all births were registered. However, in order to have access to 
health care and treatment at public health centers, children must 
possess a clinic card, which is routinely obtainable.
    The constitution and law mandate free, compulsory primary education 
from age six to 12, but the inadequate infrastructure prevented 
effective compulsory education, and children paid fees to attend 
school. During the year the Government estimated that 75 percent of 
children were enrolled in primary schools. Another 15 percent were 
enrolled in the Islamic schools called ``madrassas.'' Girls constituted 
approximately 51 percent of primary school students and an estimated 
one-third of high school students. The enrollment of girls was low in 
rural areas, however, where a combination of poverty and cultural 
factors influenced parents' decisions not to send girls to school. As 
part of the Government's ongoing initiative to get girls in school, the 
Government continued a countrywide program to pay basic school fees for 
all girls. Nevertheless, in two urban regions, girls still were 
required to pay for books, school fund contributions, and exam fees.
    The law protects and promotes the welfare of children, and curbs 
abuses against children, including trafficking in persons. In 2006 the 
first of five regional children's courts was established. The court has 
jurisdiction to hear all adoption, custody, maintenance, parentage, 
special, and most criminal cases affecting children.
    The authorities generally enforced laws when cases of child abuse 
or mistreatment were brought to their attention. There was no societal 
pattern of abuse against children. Carnal knowledge of a girl under the 
age of 16 is a felony except in the case of marriage, which can be as 
early as 12 years of age. Incest also is illegal. Serious cases of 
abuse and violence against children were subject to criminal penalties.
    On August 17, a 61-year-old New Zealand national, Anthony Michael 
Dobson, was arrested and charged with child pornography and defilement 
of a girl under the age of 16. A Gambian man, Mustapha Drammeh, named 
as Dobson's accomplice, was charged with procuring a young girl for 
him. Both pleaded not guilty. Their application for bail was turned 
down by the magistrate and they were remanded in custody. The trial was 
ongoing at year's end.
    On November 20, a German national, Peter Paul Hornberger, was 
arrested for ``indecent assault of a minor'' of an 11-year-old boy in 
the tourism development area. He pled guilty and could face up to 14 
years in prison. He was awaiting sentence at year's end.
    The law does not prohibit female genital mutilation (FGM) and the 
practice remained widespread. Between 60 and 90 percent of women have 
undergone FGM, and seven of the nine major ethnic groups reportedly 
practiced it at ages varying from shortly after birth until age 16. FGM 
was less frequent among the educated and urban groups. Some religious 
leaders publicly defended the practice. There were unconfirmed reports 
of incidences of health-related complications, including deaths, 
associated with FGM; however, no accurate statistics were available. 
Several NGOs conducted public education programs to discourage the 
practice and spoke out against FGM in the media.
    During the year at least 44 FGM practitioners abandoned the 
practice following a series of community sensitization campaigns which 
also provide entrepreneurial projects for the practitioners. The 
Government supported efforts to eradicate FGM and discouraged it 
through health education. During the year the National Assembly Select 
Committee on Women and Children continued its campaign against FGM and 
other harmful traditional practices affecting women and children.
    Child prostitution (children under 18 years of age) exists in some 
of the brothels. Some child prostitution victims stated they worked to 
support their families or because they were orphans. Some NGOs also 
believe that tourists living in remote guesthouses and motels may be 
involved in the sexual exploitation of children. Security forces in the 
tourism development area are required to turn away all minors who 
approach the main resort areas without a genuine reason.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, persons were trafficked to, from, through, and 
within the country. The Government considered trafficking to be a 
serious problem. The Children's Act prohibits trafficking in children 
and the 2007 Trafficking in Persons Act prohibits all forms of 
trafficking.
    The penalty for trafficking in children under the age of 18 is life 
in prison and a substantial monetary fine. Enforcement of the 
Children's Act is the responsibility of the various security services. 
The Tourism Security Unit, a unit of the national army created 
specifically to enhance security in the tourism sector, is responsible 
for enforcement of the Tourism Offences Act which calls for keeping 
minors out of resort areas. The minimum prison term for trafficking an 
adult is 15 years and a substantial monetary fine may also be imposed.
    On July 1, the magistrate's court in Banjul convicted Sheikh Jobe 
of child trafficking and sentenced him to two years imprisonment with 
hard labor. Jobe allegedly kidnapped two children, Telma Bangura and 
Mariama Jallow, by enticing them with biscuits and then took custody of 
them.
    There were reports during the year that children were trafficked 
for commercial sexual exploitation. In October a Nigerian girl 
approximately 16 years old told representatives of the NGO Child 
Protection Alliance (CPA) and the Child Welfare Unit of the Gambia 
Police Force that she was a victim of trafficking. She stated that her 
uncle brought her and her sister from Nigeria on the pretext of sending 
them to school. Instead, he asked them to run his video shop and they 
fled when he attempted to rape them. The girl later disappeared while 
the police were preparing their case to arrest and prosecute the 
suspected trafficker.
    There was no evidence of government involvement at any level in 
trafficking in persons.
    While the Government had no established victim care and health 
facilities for trafficked persons, it provided temporary shelter and 
access to medical and psychological services to reported victims of 
trafficking.
    The Government's multi-agency trafficking in persons taskforce, 
which also included representatives from the UN Children's Fund, the 
National Assembly, and the CPA, met twice during the year and on 
December 22 finalized the National Action Plan for Combating 
Trafficking in Persons.
    The Trafficking in Persons Act provides for a national agency 
against trafficking to be established; however, it was not formed by 
year's end. A dedicated officer for trafficking issues continued to 
operate at the Department of State for Justice. NGOs were active in 
raising awareness about trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the constitution protects 
persons with disabilities against exploitation and discrimination, no 
government agency is directly responsible for protecting persons with 
disabilities. The Department of State for Health and Social Welfare 
dealt mainly with supplying some persons with disabilities with 
wheelchairs received from international donors. There is no legal 
discrimination against persons with physical disabilities in 
employment, education, or other state services; however, there was some 
societal discrimination. 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 were physically 
capable. There were no laws to ensure access to buildings for persons 
with disabilities, and very few buildings in the country were 
accessible to them.
    During the year the Government removed many beggars with 
disabilities from the streets in an effort to end the problem of street 
begging, which it viewed as a public nuisance. On September 26, police 
in Banjul arrested 24 Gambian and Senegalese beggars and charged them 
with ``common nuisance and obstruction on public highways.'' The issue 
of the rights of persons with disabilities attracted press coverage 
throughout the year, and several NGOs sought to improve awareness of 
these rights, including encouraging the participation of persons with 
disabilities in sports and physical activities. The NHRU specifically 
sought to promote the rights of women with disabilities. Persons with 
disabilities were given priority access to polling booths on voting 
day.

    Other Societal Abuses and Discrimination.--There was evidence of 
societal discrimination against persons infected with HIV/AIDS. Stigma 
and discrimination hindered disclosure and led to rejection from 
partners and relatives. The Government took a multisectoral approach to 
fighting HIV/AIDS through its national strategic plan, which provides 
for care, treatment, and support to persons living with, or affected by 
HIV/AIDS, and the protection of the rights of those at risk of 
infection. In April 2007 the National AIDS Secretariat collaborated 
with The Gambia Chamber of Commerce and Industry to develop a business 
coalition response to HIV/AIDS using workplace policies to destigmatize 
it and allow workers to feel comfortable seeking information. Public 
discourse about HIV/AIDS was ongoing during the year as President 
Jammeh continued his controversial herbal treatment program for the 
virus. Throughout the year the Secretary of State for health urged 
persons to undergo voluntary HIV/AIDS counseling and testing.
    There are no laws banning sexual relations between men, but there 
is societal discrimination against homosexuality, which remained a 
social taboo.
    On March 28, President Yahya Jammeh, speaking at the National 
Assembly, strongly condemned homosexual marriages and stated they would 
never be allowed. On May 15, Jammeh ordered all homosexuals to leave 
the country within 24 hours. He described homosexuality as a criminal 
practice and told the security services to arrest homosexuals and close 
down motels and hotels hosting them.
    On May 30, two Spanish men were arrested and detained at Kotu 
Police Station over allegations that they tried to procure underage 
boys for sex. The men were not charged, were released on June 3, and 
left the country immediately. However, the Government announced that 
they had been arrested on charges of homosexuality rather than 
pedophilia.
Section 6. Worker Rights
    a. The Right of Association.--In September 2007 the National 
Assembly passed a revised Labor Act, which incorporates principles set 
out in various International Labor Organization (ILO) Conventions that 
deal with the abolition of forced labor, the minimum age for 
employment, the elimination of the worst forms of child labor, the 
right to organize and collective bargaining, and discrimination in 
employment and occupation. The act applies to all workers, including 
foreign or migrant workers, and specifies that workers are free to form 
associations, including trade unions. Workers exercised this right in 
practice. However, the act specifically prohibits military personnel 
and police officers, as well as other civil service employees, from 
forming unions. Unions must register to be recognized, and there were 
no cases where registration was denied to a union that applied for it. 
Approximately 20 percent of the work force was employed in the modern 
wage sector, where unions were most active.
    The law allows for the right to strike but places restrictions by 
requiring unions to give the commissioner of labor 14 days' written 
notice before beginning an industrial action (28 days for essential 
services); no strikes occurred during the year. In practice the 
Government interfered with unions' right to strike. The law 
specifically prohibits military personnel, police officers, and other 
civil service employees, from striking. Police and military personnel 
had access to a complaints unit, and civil servants could take their 
complaints to the Public Service Commission or the Personnel Management 
Office.

    b. The Right to Organize and Bargain Collectively.--The law permits 
unions to conduct their activities without interference. 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. The law 
allows workers to organize and bargain collectively, and although trade 
unions were small and fragmented, collective bargaining took place. 
Union members' wages, which generally exceeded legal minimums, were 
determined by collective bargaining, arbitration, or agreements reached 
between unions and management. Most collective agreements are 
registered with the Department of Labor and remain valid for a period 
of three years before being renewed. The Labor Act also sets minimum 
contract standards for hiring, training, and terms of employment and 
provides that contracts may not prohibit union membership.
    An employer may apply to a court for an injunction to prohibit 
industrial action that is deemed 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. 
The law prohibits retribution against strikers who comply with the law 
regulating strikes.
    Employers may not fire or discriminate against members of 
registered unions for engaging in legal union activities, and the 
Government intervened to assist workers whose employers fired them or 
discriminated against them.
    There is a government-established export processing zone (EPZ) at 
the port of Banjul and the adjacent bonded warehouses. There are no 
special laws or exemption from regular labor laws in the EPZ.

    c. Prohibition of Forced or Compulsory Labor.--The constitution and 
law prohibit forced or compulsory labor, including by children; 
however, there were reports that women and children were trafficked for 
forced commercial sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem, although the constitution prohibits economic 
exploitation of children less than 16 years of age, and the Children's 
Act prohibits exploitative labor or hazardous employment of children 
under the age of 18. The act also sets the minimum age of 16 years for 
light work and 12 years for apprenticeships in the informal sector. 
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, as child 
labor in informal sectors is difficult to regulate and laws implicitly 
apply only to the formal sector. 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 level of child prostitution. Other sectors where children between 
the ages of 14 and 17 were known to work include carpentry, sewing, 
masonry, plumbing, tailoring, and auto mechanics. In the rural areas, 
children were engaged in light work on family farms during the rainy 
season.
    The Department of Labor was responsible for enforcing child labor 
laws and conventions on the worst forms of child labor. 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 Tourism Offences Act 
incorporates the ILO provisions outlawing child prostitution and 
pornography.

    e. Acceptable Conditions of Work.--Minimum wages and working hours 
are established by law through six joint industrial councils, composed 
of representatives from labor, management, and the Government. The 
lowest minimum wage according to law was 19.55 dalasi (approximately 
$0.72) per day for unskilled labor, but in practice the minimum wage 
was 50 dalasi (approximately $1.85) per day. The national minimum wage 
did not provide a decent standard of living for a worker and family. 
The minimum wage law covered only 20 percent of the labor force, 
essentially those in the formal economic sector, although most such 
laborers were paid above the minimum wage. Minimum wage laws covered 
foreign and migrant workers. 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 Department of Labor is responsible for enforcing 
the minimum wage and it did so when cases of underpayment were brought 
to its attention.
    The basic legal workweek is 48 hours within a period not to exceed 
six consecutive days. Nationwide, the workweek included four eight-hour 
workdays and two four-hour workdays (Friday and Saturday). There are no 
limits on hours worked per week and no prohibition on excessive 
compulsory overtime. A 30-minute lunch break is mandated. Government 
employees are entitled to one month of paid annual leave after one year 
of service. Most government employees were not paid overtime. However, 
government workers holding temporary positions and private sector 
workers received overtime calculated per hour. Private sector employees 
received between 14 and 30 days of paid annual leave, depending on 
length of service. There was no exception for foreign or migrant 
workers.
    The law specifies safety equipment that an employer must provide to 
employees working in designated occupations. The law also 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 authorities did not effectively 
enforce this right.
    The law protects foreign workers employed by the Government; 
however, it only provides protection for privately employed foreigners 
if they have a currently valid work permit. On April 3, the National 
Assembly passed an amendment to the Payroll Tax Act, which requires 
employers not to hire non-Gambians in excess of 20 per cent of their 
workforce except in the specialized professional category. The move was 
designed to encourage employers to train and employ more local 
citizens.

                               __________

                                 GHANA

    Ghana is a constitutional democracy with a strong presidency and a 
unicameral 230-seat parliament. The population is approximately 22 
million. In the December election the opposition National Democratic 
Congress (NDC) won both the presidency and control of Parliament, 
marking Ghana's second successful peaceful transition of power between 
political parties. The election was judged by domestic and 
international observers to be free and fair. 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.
    The Government generally respected human rights, but human rights 
problems continued, including: deaths resulting from the excessive use 
of force by police; vigilante violence; harsh and life-threatening 
prison conditions; police corruption and impunity; prolonged pretrial 
detention; forcible dispersal of demonstrations; corruption in all 
branches of government; violence against women and children; female 
genital mutilation (FGM); societal discrimination against women, 
persons with disabilities, homosexuals, and persons with HIV/AIDS; 
trafficking in women and children; ethnic discrimination and 
politically and ethnically motivated violence; and child 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 no 
reports that the Government or its agents committed political killings; 
however, the use of excessive force by security forces resulted in the 
deaths of several criminal suspects and other persons during the year. 
On June 3, police fired on commercial transport drivers following a 
confrontation in Ashaiman, near Accra, killing two persons, including a 
student, and injuring several others. The drivers had gathered to 
protest alleged police harassment. In September a government-appointed 
committee chaired by a court of appeals justice investigating the 
shooting recommended the dismissal of the divisional commander of the 
Motor Traffic and Transport Unit (MTTU) and the transfer of MTTU 
personnel. The report recommended reprimands for two police officials. 
The committee determined that eight police officers who accompanied the 
divisional commander did no wrong and recommended the lifting of 
interdiction against three police inspectors. At year's end the officer 
responsible had been tried by a police court, found not culpable, and 
reinstated. Funeral expenses were paid to the family of the deceased 
youth, and the Attorney General's office was negotiating a compensation 
package for the victims.
    In August 2007 agents of the Bureau of National Investigations who 
were searching for a car thief mistakenly shot and killed a 26-year-old 
man. The president ordered security agencies to conduct a thorough 
investigation of the case. In December 2007 the case was forwarded to 
the attorney general's office for review. At year's end there was no 
new information on the case.
    In August 2007 a joint police-military patrol reportedly beat and 
killed a minibus driver in Suhum following his arrest. The Ministry of 
Interior set up a committee to investigate the death. The committee 
recommended compensation for the victim's family and disciplinary 
action against the leader of the patrol team. In May a trial began for 
three security personnel involved in the incident. The trial was 
ongoing at year's end.
    In May a man was killed after he apparently entered the official 
compound of the Volta Region regional minister in Ho. The man, whose 
motives are unknown, was killed by security personnel after a struggle 
in which a police officer was also killed, apparently with his own 
weapon. Investigations remained inconclusive at year's end despite 
public demand for an independent enquiry.
    As in previous years, chieftaincy disputes resulted in deaths, 
injuries, and destruction of property.
    In Bawku, in the Upper East Region, an ongoing chieftaincy dispute 
led to violent outbreaks in January, May, and July. The violence caused 
an estimated 18 deaths and the destruction of property. The military 
and police were deployed to the region and the municipality was placed 
under curfew following the outbreaks. The curfew, which runs daily from 
10:00 pm to 4:00 a.m., was extended at the end of the year. In May 
communal violence led to eight deaths and the burning of a village in 
Burkprugu-Yunyoo District, Northern Region. The violence followed a 
dispute over land. Police investigated the incident and a case is 
pending. Those arrested were out on bail at year's end.
    In November 2007 a chieftaincy conflict erupted in Anloga in the 
Volta Region, resulting in at least five deaths, including one police 
officer and two persons who died in police custody. Rooted in a decade-
long chieftaincy dispute, the disturbances arose from opposition to the 
installation of a new chief in the Anlo traditional area. Media and 
nongovernmental organization (NGO) sources reported that police used 
excessive force, intimidation, and beatings in order to control the 
violence and to extract information. Police reportedly arrested more 
than 75 suspects, including children and at least one elderly woman, 
immediately after the conflict erupted. There have been no further 
developments since the court adjourned the case in May.
    In November 2007 at least three persons were reportedly killed, and 
over 20 houses set ablaze, as a result of a chieftaincy dispute in 
Princes Town in the Western Region. A number of individuals were 
arrested and charged with rioting, fighting with offensive weapons, and 
causing damage. There was no change in the status of the case at year's 
end. Numerous deaths resulted during the year from vigilante-style 
violence against suspected criminals by angry citizens. Security forces 
sometimes intervened to save the lives of the intended victims.
    In October 2007 Amasaman District police arrested nine persons for 
allegedly killing a suspected thief in Pokuase by beating him and 
dragging him along the ground with his hands tied. The nine suspects 
remained in detention awaiting trial at year's end.
    In April 2007 a group of young men beat and killed the 
administrator of Goaso Government Hospital whom they suspected of 
participating in a gang responsible for multiple killings. Police 
charged 15 persons in connection with the killing. In December 2007 
four of the suspects were granted bail while the remaining 11 were 
remanded in custody. Those remanded were facing murder charges before 
the High Court in Sunyani. At year's end the 11 suspects were still 
facing murder charges at the Sunyani High Court.
    There were no new developments involving a May 2007 incident where 
a mob on the Kumasi-Techiman highway captured and set on fire a man 
suspected of having robbed a gas station. Police investigations 
remained inconclusive and no arrests were made by the end of the year.
    In August 2007 three suspected armed robbers were lynched in Accra 
as they were allegedly attempting to escape after snatching a woman's 
bag. No suspects were arrested, and investigations remained 
inconclusive at year's end.
    In December 2007 two alleged gang members suspected of burglary 
were beaten to death by neighbors of the homeowner. Police 
investigations remained inconclusive 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 and law prohibit such practices; however, 
there were credible reports that police beat and abused suspects, 
prisoners, demonstrators, and other citizens. Severe beatings of 
suspects in police custody reportedly occurred throughout the country 
but largely went unreported in official channels. In many cases, police 
denied allegations or claimed that force was justified by the 
circumstances.
    The many cases of police brutality leading to deaths during the 
year led several NGOs, lawyers, and civil society organizations to 
publicly denounce the tendency of police to use excessive force and to 
call for the Inspector General of Police (IGP) to take action against 
those responsible.
    In June military personal illegally detained 13 commercial drivers 
at 37 Military Hospital in Accra. The drivers, who were allegedly 
involved in ``chaotic'' acts near the entrance of the hospital (which 
also serves the general public), were taken by military personnel into 
the hospital's morgue. There the drivers were made to handle corpses, 
including, according to the drivers, touching female cadavers in a 
sexually explicit manner. President Kufuor called for an investigation 
of the incident. Following the investigation, the Military High Command 
called for disciplinary actions (yet to be determined) against an 
officer, two enlisted soldiers, and five mortuary attendants. The 
military offered the drivers financial compensation of 100 cedis 
(approximately $85) and a year's free medical care, an amount the 
drivers say is inadequate.
    In May police fired teargas and rubber bullets to disperse 
supporters of a defeated parliamentary candidate. The leader of the 
Bekwai traditional area demanded an apology after several people were 
allegedly harmed by the police action. A police investigation 
determined that the police used appropriate and proportional force.
    ``Land guards'' (private security enforcers hired by citizens to 
settle private disputes) caused injury and property damage during the 
year. There were some allegations of police complicity with these 
extralegal security agents, although police denied involvement.
    Vigilante-style justice conducted by angry citizens and mobs 
against suspected criminals and witches resulted in deaths and 
injuries.

    Prison and Detention Center Conditions.--Prison conditions 
generally were harsh and sometimes life threatening. Much of the prison 
population was held in buildings that were originally colonial forts or 
abandoned public or military buildings, with poor ventilation and 
sanitation, sub-standard construction, and limited space.
    In July the Government completed the closure of the Jamestown 
prison in Accra. The prison, which dated from the colonial era slave 
trade, did not meet modern standards for a penitentiary. The closure, 
however, led to higher levels of congestion in other prisons. The 
construction of a new maximum security prison continues at Ankaful in 
Central Region. According to the 2007 Prisons Service Annual Report, 
13,335 prisoners (average daily lockup) were held in prisons designed 
to hold approximately one-third of that number. It was common for as 
many as 55 inmates to share a cell intended for 12. Overcrowding 
contributed to the prevalence of communicable diseases, medical 
facilities were inadequate, and the prisons supplied only the most 
basic medicines. Prisoners relied on families or outside organizations 
for additional food, medicine, and other necessities. Shortages of 
food, bedding, clean water, and clothing for prisoners persisted.
    In July 2007 the Parliamentary Select Committee on the Judiciary 
visited the Nsawam Medium Security Prison to determine whether inmates' 
rights were being respected. Prisoners reportedly informed the 
delegation that some inmates had been incarcerated for years without a 
trial. As a result of the committee's findings and other reports 
compiled by the prison service, the Government made some efforts to 
address the lengthy detention periods. In September 2007 the Attorney 
General's office launched its ``Justice for All'' initiative under 
which a special court sat at the James Fort Prisons in Accra. The 
initiative was intended to accelerate the judicial process and ease 
overcrowding in s prisons. The Attorney General's Office began a 
process to review the cases of remand prisoners at Nsawam Prison, 
resulting in the release of some remand prisoners. Since the inception 
of the program, approximately 40 persons on remand have been 
discharged, while others have been granted bail.
    There were no known reported cases of deaths or abuses of prisoners 
during the year.
    Some juveniles inflated their ages to avoid lengthy rehabilitation 
sentences in the Borstal Institute, a juvenile detention center that 
the Government operated like a prison. In response, the Department of 
Social Welfare and the Prison Service collaborated to transfer younger 
juveniles in adult prisons to juvenile correction centers and older 
juveniles back to the Borstal Institute.
    Pretrial detainees were held with convicted prisoners.

    d. Arbitrary Arrest or Detention.--The constitution and law provide 
for protection against arbitrary arrest and detention; however, the 
Government did not always observe these prohibitions.

    Role of the Police and Security Apparatus.--The police, under the 
jurisdiction of a 10-member Police Council, are responsible for 
maintaining law and order. The military continued to participate in law 
enforcement activities during the year. The Ghana Police Service is 
within the Ministry of Interior. A separate entity, the Bureau of 
National Investigations, handled cases considered critical to state 
security and answered directly to the Ministry of National Security. 
The police maintained specialized units in Accra for homicide, 
forensics, domestic violence, visa fraud, narcotics, and cyber-crimes. 
However, there were significant barriers to extending such services 
nationwide, including a lack of office accommodation, police vehicles, 
and equipment outside of Accra.
    The police service received repeated criticism due to incidents of 
police brutality, corruption, and negligence. Impunity remained a 
problem. Delays in prosecuting suspects, rumors of police collaboration 
with criminals, and the widespread perception of police ineptitude 
contributed to an increase in vigilante violence during the year. There 
were also credible reports that police extorted money by acting as 
private debt collectors, by setting up illegal checkpoints, and by 
arresting citizens in exchange for bribes from detainees' disgruntled 
business associates.
    The constitution and law provide for protection against arbitrary 
arrest and detention; however, the Government did not always observe 
these prohibitions.
    Government officials stated that the policy of zero tolerance for 
corruption applied to police and other security officials; however, low 
salaries, which were sometimes not paid on time, contributed to the 
tendency of individual law enforcement officials to demand bribes.
    The 33-person Police Intelligence and Professional Standards Unit 
(PIPS) investigated human rights abuses and police misconduct. During 
the year PIPS received 491 complaints and petitions, compared with a 
total of 693 in 2007. There were 134 complaints in the period related 
to harassment, unlawful arrest, and detention with human rights 
violations, compared with 149 in 2007 and 70 in 2006. There were 62 
complaints of misconduct, compared with 225 in 2007. Investigation of 
397 cases was completed, of which reports for 305 had been forwarded to 
the inspector-general of police. A total of 94 cases remained under 
investigation. Some cases forwarded to the IGP resulted in dismissals, 
reduction of rank, and transfers.

    Arrest and Detention.--The constitution provides that a detained 
individual should be informed immediately, in a language that the 
detainee understands, of the reasons for the detention and of his or 
her right to a lawyer and an interpreter at state expense. The law 
requires judicial warrants for arrest and provides for arraignment 
within 48 hours. The law requires that a detainee who has not been 
tried within a ``reasonable time'' as determined by the court be 
released either unconditionally or subject to conditions necessary to 
ensure that the person will appear in court at a later date. The law 
also provides for bail. In practice, however, many abuses of these 
rights occurred, including detention without charge for periods longer 
than 48 hours, failure to obtain a warrant for arrest, and remand of 
prisoners into custody for indefinite periods while an investigation is 
conducted by renewing warrants or by simply allowing them to lapse.
    The Government continued to conduct arbitrary arrests and 
detentions during the year. From October to December the police 
conducted anticrime patrols in parts of Accra, arresting individuals 
suspected of being criminals. Approximately 100 individuals were held 
for prosecution on charges of criminal activity.
    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 was often 
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. On occasion, police 
also demanded money from suspects as a precondition for their release 
on bail.
    Lengthy pretrial detention remained a serious problem. According to 
the Prisons Service's 2007 Annual Report, 31.5 percent of the prison 
population was in pretrial status-up from 29.5 percent in 2006. 
Detainees sometimes served more time in detention awaiting trial than 
the sentence for the crime required.
    The Ghanaian Times reported a man was released on bail in Brong 
Ahafo Region after eight months awaiting trial. No further information 
was available on the case at year's end.
    On December 7, the date of the general election, armed forces 
personnel detained approximately 210 individuals in Central Region. The 
individuals, known locally as ``machomen,'' were believed to be 
affiliated with one or more political parties and were congregating 
near polling stations for the alleged purpose of intimidating voters. 
The soldiers turned the men over to the police, who reportedly released 
them after the polls closed.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judiciary was inefficient 
and subject to influence and corruption.
    The law establishes two basic levels of courts: the lower courts 
and the superior courts. The lower courts consist of the circuit and 
District Courts, which serve as juvenile courts and family tribunals. 
These courts try civil cases involving 5,000 cedis (approximately 
$5,750) or less; and criminal cases for offenses punishable by a fine 
not exceeding $1,000 cedis (approximately $1,150), imprisonment for a 
term not exceeding two years, or both. The superior courts consist of 
the Supreme Court, the Appeals court, the High court, the Commercial 
court, regional tribunals, and fast-track courts. Fast-track courts 
hear cases to conclusion within six months. The majority of cases filed 
before the fast track courts involved banking and commercial matters, 
human rights, and defamation.
    Members of the military are tried under the criminal code in a 
military court.
    The Judicial Service has made efforts to mainstream alternate 
dispute resolution (ADR) procedures in order to decongest the courts 
and to address judicial inefficiency. Mediators have been trained 
throughout the country to implement ADR and mediation desks have been 
established in some District Courts. An ADR secretariat was established 
within the Judicial Service.
    The Chieftaincy Act gives village and other traditional chiefs the 
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 because of a commensurate increase in the power of civil 
institutions, such as courts and district assemblies.
    A judicial complaints unit, headed by a retired supreme court 
judge, addressed public complaints. During 2006 the unit received 632 
complaints, of which 107 were resolved, 186 were under investigation, 
and 339 were pending. There were no more recent figures available at 
year's end.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and the judiciary generally enforced this right. 
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. Defendants and 
their attorneys have access to government-held evidence relevant to 
their cases and have a right to appeal. Defendants have the right also 
to present witnesses and evidence. Juries are used in murder trials. In 
practice, authorities generally respected these safeguards. Chapter 5 
of the constitution provides for the right to a fair trial, and the 
judiciary generally enforced this right.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, and citizens had access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation.
    Fast-track courts and automated commercial courts continued to try 
to improve access to justice and to streamline resolution of disputes. 
A growing number of automated courts, whose proceedings were expedited 
through electronic data management, were established across the 
country.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, in practice the Government sometimes infringed on privacy 
rights. Although the law requires judicial search warrants, police 
seldom obtained them in practice. There are no records of any suits 
against the police.
    Opposition party activists claimed the Government engaged in 
surveillance and harassment of those it perceived to be opposed to the 
ruling party. Some civil society organizations expressed concerns that 
the Government used surveillance, free of any oversight or regulation. 
However, there were no credible reports of such activities and the 
Government has denied any involvement.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice. Individuals criticized the 
Government publicly without reprisal. The independent media were active 
and expressed a wide variety of views without restriction.
    In August police officers entered an opposition National Democratic 
Congress (NDC) radio station, Radio Gold, ostensibly in response to 
reports of an armed robbery in progress. Radio Gold managers maintained 
that the police, who beat workers and arrested the financial 
comptroller, were interfering with plans by the station to air the 
``confession'' of an NPP supporter accused of electoral fraud. The 
supporter had been brought to the radio station by a crowd of agitated 
citizens. The comptroller was released from police custody later in the 
day.
    Journalists were occasionally subjected to physical and verbal 
harassment as a result of their reporting. For example, members of the 
two major political parties, NPP and the NDC, verbally harassed 
journalists throughout the year for negative reporting on their 
respective parties. Prior to the December election editors and 
reporters of pro-NDC newspapers reported receiving threatening text 
messages, however no legal action was taken.
    No action was taken in the 2006 case of a photojournalist who was 
covering a narcotics smuggling trial, and who was attacked by a group 
supporting the defendants.
    Government officials, including the president, called upon media to 
be more disciplined in their reporting but did not censor or abridge 
media output. Smaller parties, such as the Convention People's Party 
(CPP) and the People's National Convention (PNC) accused the media and 
the larger parties of colluding to monopolize coverage. However, both 
smaller parties received regular coverage in the state-owned media. 
Journalists reported that self-censorship did occur around topics of 
particular sensitivity, such as the narcotics trade.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. The 
Internet was accessible in Accra and other large cities, but there was 
limited access in other parts of the country.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of peaceful 
assembly; however, at times the Government restricted this right. The 
Government does not require permits for demonstrations, but police can 
deny use of a particular route.
    As in previous years, police arbitrarily and forcibly dispersed 
demonstrations. On December 8, the day following the general election, 
members of the armed forces dispersed a crowd outside the Electoral 
Commission District Office in Bawku, in the Upper East Region. Persons 
were frustrated with what they believed to be delayed returns for the 
local parliamentary race. There were no observed injuries.
    On December 28, during the presidential runoff election, police 
fired warning shots to disperse a crowd that had gathered outside a 
hotel in Ashiman. The crowd-basing its actions on rumors-believed that 
stolen ballot boxes were inside the hotel. On December 29, authorities 
fired warning shots to disperse a crowd of party supporters gathered 
outside the offices of the electoral commission. The crowd moved away 
from the building but did not disperse.
    In June 2007 police forcibly dispersed students at Takoradi 
Polytechnic Institute who had declared an indefinite boycott of 
academic work on May 31 to protest the principal's alleged 
incompetence. Sixty-four students were arrested in connection with the 
clashes and charged with rioting with weapons and engaging police in a 
confrontation. At the end of the year, there had been no progress on 
the case. The ban on campus demonstrations remained in effect, although 
it was not further challenged by students.

    Freedom of Association.--The constitution and law provide 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 in political activities outside 
police or military compounds.
    In September seven retired senior military and police officers were 
prohibited by government order from entering military or police 
installations, following a meeting they held with former President 
Rawlings.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    Some Muslims continued to claim political and social exclusion 
because of the pervasiveness of Christianity in many aspects of 
society. Factors such as the frequency of Christian-oriented prayers in 
public settings and the ubiquity of Christian slogans contributed to 
this perception of marginalization and discrimination.
    Muslim students generally enjoyed religious freedom in public 
schools. However, despite official policies promoting free religious 
practices, Muslim and Seventh-day Adventist students continued to 
complain that school administrators occasionally failed to accommodate 
students' religious obligations when regulating school attire or 
scheduling examinations on holy days.
    Trokosi, a practice indigenous to the southern Volta region, 
involves pledging family members, most commonly female teenagers, to a 
period of service from a few months to three years at a local shrine to 
atone for another family member's sins. Trokosis helped with the upkeep 
of these shrines and poured libations during prayers. Government 
agencies, such as the Governmental Commission on Human Rights and 
Justice (CHRAJ), and some NGOs have at times actively campaigned 
against Trokosi, although local officials portrayed it as a traditional 
practice that was not abusive. Supporters of traditional African 
religions, such as the Afrikania Renaissance Mission regarded these 
campaigns against Trokosi as religious persecution.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination based on religious belief or 
practice; however, there were occasional reports of interreligious and 
intra-religious friction during the year.
    The Jewish community had a few hundred members. There were no 
reports of anti-Semitic acts.
    The Government often took steps to promote interfaith understanding 
during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The constitution prohibits forced exile, and the Government did not 
use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol and the 1969 
Organization of African Unity Convention on Refugees. The Government 
has established a refugee board to adjudicate claims for refugee status 
and to ensure that refugees receive all appropriate protections. The 
Office of the UN High Commissioner for Refugees (UNHCR) participated as 
an observer on the refugee board. Ghana cooperated with UNHCR and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The Government has a generally liberal policy toward accepting refugees 
from other West African countries, although this does not generally 
extend to granting work or residence permits. The law allows rejected 
asylum seekers to appeal and remain until the appeal is adjudicated. 
The law also accords the right of protection to refugees who entered 
the country illegally without documentation.
    In practice, the Government generally provided protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, there were some instances of 
deportation and expulsion during the year. In February protestors at 
the Buduburam refugee settlement disrupted humanitarian operations. On 
March 17, police arrested approximately 630 Liberians engaged in the 
illegal protest. UNHCR was given access to this group on March 19 and 
negotiated the release of 90 vulnerable individuals. On March 22, 
police arrested an additional 70 Liberians suspected of organizing the 
protests. UNHCR had requested access to this group, which was still 
pending on March 23, when 16 members of this group were deported to 
Liberia, 13 of whom had been formally registered as refugees. No 
involuntary return of registered refugees occurred after that date. On 
March 31, all but 23 of the arrested Liberians were released. The 
Director of Immigration issued an order for their repatriation. The 
Liberians challenged the order, but the courts upheld it and they were 
returned to Liberia. On March 29, the Governments of Liberia and Ghana 
and the UNHCR formed a tripartite committee to facilitate the safe and 
voluntary return of Liberians. During the year a total of 8,795 
Liberians returned to Liberia.
    On February 23, the Government deported an Iraqi family to Syria. 
The family expressed fear of returning to Syria or Iraq and filed an 
asylum application with the Ghana Refugee Board (GRB). However, the GRB 
had not heard the case prior to the deportation.
    Sexual and gender-based violence remained a problem among refugee 
populations. The physical insecurity of refugees living in camps 
contributed to their vulnerability. In the Buduburam refugee camp, 
approximately 17 sexual violence cases involving defilement, rape, and 
sodomy were reported to the Women's Initiative for Self-Empowerment 
(WISE), UNHCR and to the police during the year. Of the six cases in 
court at the end of 2007, one alleged perpetrator was acquitted, one 
was on remand, and the four cases that were pending at the end of 2007 
are still under investigation and no prosecutions have been brought. In 
the Krisan refugee camp there were four cases reported to WISE and 
UNHCR involving defilement and rape during the year. One of the 
defilement cases has been referred to the District Court and was still 
pending at the end of the year. In the Volta Region, the number of 
cases reported to WISE, UNHCR, and other agencies during the year 
included one case of defilement, two cases of rape and one case of 
incest. WISE, UNHCR and other actors worked to educate refugee 
populations about sex and gender-based violence, provide counseling, 
and refer refugees to the appropriate services.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens 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.

    Elections and Political Participation.--The country continued its 
transition from a one-party state to a multiparty constitutional 
system. On December 7, Ghana held its election for president and for 
the 230 members of parliament. Domestic and international observers 
reported that the elections were generally free, fair and peaceful. 
None of the eight presidential candidates received a majority of votes, 
forcing, per the constitution, a run-off election. The run-off was held 
on December 28, and resulted in a narrow victory for Professor John 
Atta Mills, the candidate of the opposition NDC.
    The December 7 parliamentary elections also gave the NDC 114 seats, 
the New Patriotic Party 107, minor parties three, and independents four 
seats. Two seats are subject to court challenges; in one, six ballot 
boxes were stolen by supporters of one party in an effort to disrupt 
the parliamentary voting.
    The elections were generally peaceful and transparent. Activities 
at polling stations were observed by party agents and thousands of 
domestic and international observers. There were reports in some areas 
of voter intimidation and election irregularities, particularly in the 
regions of the country where the two main parties have their base of 
support. However, the consensus of observers and the independent 
Electoral Commission was that these irregularities were insufficient to 
have altered the outcome of the election.
    The political system includes recognized opposition parties, which 
expressed their views freely. Registered political parties operated 
freely; however, opposition parties and persons in private business 
continued to allege that government contracts were often awarded on the 
basis of ruling party membership.
    During the run-up to the election there were some incidents that 
involved violence. On September 1, there were violent clashes in 
Gushiegu District in the Northern Region between NPP and NDC supporters 
when they attempted to erect campaign flags in the same location. The 
clashes resulted in six deaths and the burning of houses and vehicles. 
An NPP rally in Tamale was disrupted by gunfire, forcing the party's 
vice presidential candidate to flee, also in early September. The 
incident led to attacks on NDC supporters returning from their own 
rally, and in the destruction of houses and vehicles.
    In August the Electoral Commission conducted an exercise to update 
the voter registry, generally for persons who had turned 18 since the 
last update in 2006. The exercise was marked by long lines and 
shortages of registration materials. Media reports and accusations by 
political party representatives described efforts to register underage 
persons and to transport persons into areas to facilitate multiple 
registrations. In October, the Electoral Commission (EC) published 
revised voter lists with duplicate names removed, and allowed public 
review in each constituency of the revised list.

    Government Corruption and Transparency.--Corruption in the 
executive and legislative branches continued to be a problem. The law 
provides criminal penalties for official corruption; however, the 
Government did not implement the law effectively, and officials 
frequently engaged in corrupt practices. CHRAJ was charged with 
investigating alleged violations of human rights, including corruption 
of public officials, and taking action to remedy proven violations. The 
Attorney General (Ministry of Justice) and the Public Prosecutors 
Office are responsible for combating corruption. Parliament's Public 
Accounts Committee is also responsible for auditing government 
spending. An Auditor General reviews public sector accounts. The 
Serious Fraud Unit is an independent government body that investigates 
corruption. Officials are subject to a financial disclosure process, 
but their responses are not available for public review. The World 
Bank's 2008 Worldwide Governance Indicators reflected that corruption 
was a problem.
    The NDC accused the Government of using anticorruption 
investigations to intimidate and harass its members. Opposition parties 
charged that corruption continued unabated and that the Government 
failed to use the institutions and mechanisms at its disposal to 
address the problem. There were reports that government officials 
pressured businesses to steer contracts toward favored companies and 
individuals.
    The case of Nana Konadu Rawlings, wife of former president Jerry 
Rawlings, who was accused in 2006 of ``willfully causing financial loss 
to the state'' in connection with the purchase of a Ghana Industrial 
Holding Corporation cannery,'' was pending at years' end In this case 
prosecutors failed to appear in court on November1, 2007 and January 
22. A new judge was appointed on July 9. Just prior to leaving office, 
President Kufuor announced that the case against Rawlings was to be 
discontinued.
    On June 18, a court sentenced Tsatsu Tsikata, the former head of 
the National Petroleum Corporation, to a five-year prison term for 
willfully causing financial loss to the state and to misappropriating 
public property. At the time, some aspects of the case were also 
pending before the Supreme Court. Opposition parties, the Ghana Bar 
Association and some citizens have criticized the judiciary and made 
claims of political manipulation, as the individual was not allowed to 
exhaust all legal avenues prior to his incarceration. On December 18, 
the Court of Appeals ruled that the High Court was in error in 
dismissing Tsikata's application for bail. A date has yet to be set for 
the new bail hearing. As one of his last acts in office, President 
Kufuor announced a pardon for Tsikata, who promptly rejected it, saying 
that he intended to clear his name in court.
    In November an Accra court convicted four persons of involvement in 
a 2006 narcotics trafficking scandal. However, by year's end the 
Government had not followed the trial judge's recommendation to 
prosecute a leading police official for his alleged complicity.
    There were no developments in a separate 2006 case in which the 
Government declined to censure the IGP following allegations that a 
different senior police official requested a 234,000 cedi 
(approximately $200,000) bribe to drop a case against a foreign cocaine 
trafficker. The police council and the Government, in separate 
statements in 2007, disagreed with the committee's recommendation that 
the IGP be censured.
    During 2007 CHRAJ received a number of cases following its issuance 
of conflict of interest guidelines in 2006. The public and official 
response to the guidelines was generally positive.
    Although the constitution provides for public access to government 
information, parliament did not pass the freedom of information bill, 
drafted in 2002, by year's end.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    CHRAJ mediated and settled cases brought by individuals with 
grievances against government agencies or private companies.
    CHRAJ operated with no overt interference from the Government; 
however, some critics questioned its ability to independently 
investigate high-level corruption within the Kufuor administration. Its 
biggest obstacle was a lack of adequate resources, which resulted in 
low salaries, poor working conditions, and the loss of many of its 
staff to other government and nongovernmental agencies. However, public 
confidence in CHRAJ was high, resulting in an increased workload for 
its staff, whose salaries were often delayed due to a chronic lack of 
resources and administrative issues. In 2006 the Government began 
compensating victims of human rights abuses that occurred during the 
various periods of military rule between 1957 and 1993. The victims 
were identified by the National Reconciliation Commission, which was 
set up by the 2001 National Reconciliation Act to investigate and 
document cases of human rights violations during this specific period. 
The Government set aside 1.3 million cedis (approximately $1.4 million) 
to compensate 2,177 victims. By June 2008 the Government had 
compensated 1,268 persons over 700,000 cedis ($730,000). An additional 
500,000 cedis ($520,000) was approved, from which 387 victims were paid 
by year's end, leaving 522 victims who had not yet been compensated 
100,000 cedis ($105,000). There were no new developments during the 
year.
    The United Nations Development Program (UNDP) has an office in 
Accra and implements programs involving governance. The European Union 
also operates programs involving governance and justice, as do other 
international donors. During the 2008 election the Electoral Commission 
accredited observers from the African Union, ECOWAS, the Commonwealth, 
European Union, the Carter Center, and several diplomatic missions.
    Human rights issues are addressed in Parliament by the Committee on 
the Constitution, Legal Issues and Parliamentary Affairs.
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, enforcement by 
authorities was generally inadequate. Limited financial resources and a 
generally permissive societal attitude toward such discrimination 
contributed to its perpetuation. The courts were empowered to 
specifically order enforcement of these prohibitions.

    Women.--The law criminalizes rape but not marital rape; however, 
rape remained a significant and underreported problem. When cases of 
rape were reported, perpetrators generally were arrested and 
prosecuted. During the year the Domestic Violence and Victim Support 
Unit (DOVVSU) of the police noted 227 reports of rape, with 110 
reported arrests and seven convictions.
    Violence against women, including domestic violence, remained a 
significant problem. In February 2007 parliament passed a bill 
outlawing domestic violence. In November 2007 the Ministry of Women and 
Children's Affairs (MOWAC) held a review meeting for stakeholders on 
the draft policy document and national plan on the Domestic Violence 
Act.
    The police service's Domestic Violence Victim Support Unit (DOVVSU) 
handled cases of domestic violence and child abuse, as well as juvenile 
offenses. During the year DOVVSU investigated 14,799 cases, of which 
7,044 involved nonpayment of maintenance. There were also 1,080 
defilement cases and 320 rape cases. DOVVSU worked closely with the 
Department of Social Welfare, the national chapter of the International 
Federation of Women Lawyers (FIDA), the Legal Aid Board, and several 
other human rights NGOs to combat domestic violence.
    Prosecution of domestic violence cases remained difficult. Despite 
growing public awareness that domestic violence is a crime, government 
officials and NGOs did not have evidence that the new law had increased 
victims' willingness to report abuse or affected the number of arrests. 
Inadequate resources and logistical capacity in DOVVSU and other 
agencies, as well as only partial implementation of the Domestic 
Violence Act, hindered the full application of the law during the year. 
In many cases, victims were discouraged from reporting abuse and from 
cooperating with prosecutors because of long delays in bringing such 
cases to trial. Victims frequently did not complete their formal 
complaints because they could not afford the fees that doctors charged 
to document the abuse in police medical forms. Although the law waived 
these medical fees, doctors continued to require them in exchange for 
signing medical reports. There were credible reports that doctors 
sometimes charged more than the rate set by hospital administration to 
sign medical forms.
    Unless specifically called upon by DOVVSU, police seldom intervened 
in cases of domestic violence, in part due to a lack of counseling 
skills, shelter, and other resources to assist victims.
    In the Northern, Upper East, and Upper West regions of the country, 
where belief in witchcraft remained strong, rural women continued to be 
banished by traditional village authorities or their families for 
suspected witchcraft. 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. 
The banished women went to live in ``witch camps,'' villages in the 
north of the country populated by suspected witches, some of whom were 
accompanied by their families. Catholic Relief Services and other NGOs 
provided food, medical care, and other support to residents of the 
camps. Government officials and the regional office of CHRAJ claimed 
that the number of women in the witch camps in the Northern Region had 
slightly decreased in recent years.
    Although there were no confirmed reports of assaults on witches 
during the year, experts believed that discrimination and intolerance 
towards witches continued.
    The Government, under the auspices of the DOVVSU, continued to 
charge and investigate persons who committed acts of violence against 
suspected witches. Police refrained from pursuing charges against 
persons based solely on allegations of witchcraft.
    Prostitution is illegal and is subject to criminal prosecution. The 
police occasionally stage actions to arrest prostitutes. On December 
19, the Ghana Times reported that, based on an interview survey of 251 
police officers done by the Police Hospital, 15 percent of police 
personnel involved in arrests of sex workers demanded sex in return for 
not turning those arrested over for prosecution. Prostitution is 
prevalent in the major towns and transportation centers.
    There were no laws to specifically protect women from sexual 
harassment; however, some sexual harassment cases were prosecuted under 
the existing criminal code. Ghana also has a Domestic Violence Act. 
Women's advocacy groups reported that sexual harassment was a problem.
    Under Chapter 5, Article 17 of the constitution, all persons are to 
be treated equally under the law. Women continued to experience 
discrimination in access to employment. 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 
inheritance and property, a legally registered marriage with the 
associated legal rights, and the maintenance and custody of children. 
There were female entrepreneurs, but poor access to credit remained a 
serious barrier for women who wanted to start or expand a business.
    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 involved in educational programs, and many 
officials were advocates of women's rights.

    Children.--The Government was committed to protecting the rights 
and welfare of children, although its efforts were constrained by 
limited financial and logistical resources.
    Not all births are registered with the Government. Although a birth 
certificate is not a legal precondition to attend school, in practice 
some children were reportedly denied education because their births 
were not registered.
    Education is compulsory from preprimary through junior secondary 
school. Despite the constitutional provision for ``free compulsory and 
universal basic education,'' parents were required to purchase uniforms 
and writing materials. The Government provided textbooks.
    According to the Ministry of Education, Science, and Sports, the 
gross enrollment rate during the 2007-08 school year (the gross 
enrollment rate was 95 percent at the primary level, with 92.8 percent 
for girls and 97.1 percent for boys. At the junior secondary school 
(JSS) level, 78.8 percent of eligible children were enrolled, with 75.2 
percent enrollment for girls and 82.2 percent for boys. Some children 
did not attend school because they worked to supplement their family's 
income or lived far from the closest school. Many schools, particularly 
in rural areas, had insufficient teachers and were under-resourced. The 
indirect economic cost associated with enrollment, including lost wages 
from children not in the labor force, was a significant obstacle for 
many children's families. In addition, authorities did not regularly 
enforce children's attendance, and parents were rarely sanctioned for 
keeping their children out of school.
    The Government continued its Capitation Grant program, paying 
schools approximately three cedis (approximately $3.35) per school year 
per child to cover cultural, sports, and other school fees. The 
National School Feeding Programme also helped alleviate the incidental 
costs associated with school attendance.
    The Government strongly supported the UN's Education for All goals. 
During the year the Ghana Education Service (GES) actively campaigned 
to expand education for girls by providing scholarships at the JSS and 
Senior Secondary School levels and by offering financial incentives and 
free housing to female teachers to work in some rural areas. The GES 
placed girls' education officers at regional and district levels, and 
there were community participation coordinators in every district 
office to mobilize communities to increase school enrollments for 
girls.
    The law prohibits defilement, incest, and sexual abuse of minors, 
but such abuse remained a serious problem. There were frequent reports 
that male teachers sexually assaulted and harassed female students. 
Girls often were reluctant to report these incidents to their parents, 
and social pressure often prevented parents from going to authorities. 
During the year there continued to be press reports of teachers and 
headmasters/headmistresses either arrested for sexual harassment of 
female students or dismissed for ignoring reported problems.
    During the year DOVVSU received 1,080 cases of suspected child 
defilement and thirteen cases of attempted defilement.
    The law prohibits female genital mutilation (FGM), but it remained 
a serious problem in the northern regions of the country. Type II FGM-
defined by the World Health Organization as the excision of the 
clitoris with partial or total excision of the labia minora-was more 
commonly performed than any other type. The typical age at which a girl 
was excised was 15, although it was often performed on younger girls. 
According to a 2005 study conducted by the Ministry of Health, 
approximately 15 percent of women and girls between 12 and 19 in the 
three northern regions had undergone FGM, although some observers 
believed that NGO- and government-sponsored awareness campaigns 
regarding the illegality of FGM had driven the practice underground, 
and that the actual rate in these regions was as high as 30 percent. 
One NGO stated that girls are also taken to Burkina Faso to undergo 
FGM.
    Sylvester Kyei-Gyundi, Head of the Information Research Advocacy 
Division of the Department of Children, says that national efforts 
focused on negative cultural practices (including FGM) have yielded 
positive results. Intervention programs were somewhat successful in 
reducing the prevalence of FGM. Officials at all levels, including 
traditional chiefs, continued to speak out against the practice, and 
local NGOs continued educational campaigns to encourage abandonment of 
FGM and to train practitioners in new skills so they could seek 
alternate sources of income. There were no prosecutions of 
practitioners during the year.
    Forced child marriage, which is illegal, remained a problem. CHRAJ 
and NGOs reported that the problem had not improved during the year.
    The migration of children to urban areas increased due to economic 
hardship in rural areas. Children were often forced to support 
themselves to survive, increasing both the occurrence of child labor 
and the school dropout rate. Girls under 18 were among the most 
vulnerable child laborers, as many also engaged in prostitution or were 
sexually exploited in exchange for protection while living on the 
streets.
    Local and international NGOs worked with the Government to promote 
children's rights and were somewhat successful in sensitizing 
communities about protecting the welfare of children.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons and provides for a minimum prison sentence of five years for 
convicted traffickers. The country is a source, transit, and 
destination country for women and children trafficked for the purpose 
of forced domestic and commercial labor and sexual exploitation.
    The number of trafficked victims was unknown, although NGOs 
estimated the number to be in the thousands annually. During the year 
DOVVSU received reports of twenty cases of child trafficking. Numbers 
reported in the media and obtained from police sources indicate that 
the actual figure is higher.
    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 children, mostly boys from the Northern Region, going to work 
in the fishing communities along Lake Volta 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. 
Local and international NGOs reported these children were often 
subjected to dangerous working conditions and were sometimes injured or 
killed as a result of the labor they performed. Local authorities 
supported projects sponsored by the International Organization of 
Migration (IOM) and other organizations to decrease the incidence of 
such trafficking. IOM and various NGOs offered microcredit assistance 
and education to families who agreed not to provide their children to 
traffickers and to those whose children had been trafficked.
    Children between the ages of seven and 17 also were trafficked to 
and from the neighboring countries of Cote d'Ivoire, Togo, The Gambia, 
Nigeria, and Equatorial Guinea to work as farm workers, laborers, 
divers, street hawkers, or domestics. Benin and Burkina Faso were also 
destination countries for trafficked children.
    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. In other cases, children were given to professional 
recruiters, usually women, who placed the children with employers in 
cities. In many cases the children never received the education or 
vocational training the recruiters promised.
    Women also were trafficked to Western Europe, mostly to Italy, 
Germany, and the Netherlands. International traffickers promised the 
women legitimate jobs; however, the women often were forced into 
prostitution once they reached their destination. Women were sometimes 
sent directly to Europe while others were trafficked through third 
countries. Some young women were trafficked to the Middle East, 
particularly Lebanon, where they worked in menial jobs or as domestic 
help. There were also reports that women from Nigeria, Benin, Togo, and 
Burkina Faso were trafficked through the country in transit to Western 
Europe or the Middle East to work in the commercial sex industry. 
Traffickers sometimes operate under the guise of being employment 
agents, promising work as domestics or in other fields.
    Under the anti-trafficking law, DOVVSU has responsibility for 
enforcement, and the Department of Social Welfare within the Ministry 
of Manpower, Youth and Employment (MMYE) has responsibility for victim 
assistance, including locating family members and providing temporary 
shelter, counseling, and job skills training. Local police and social 
welfare officials reported insufficient resources to implement the law, 
particularly in rural areas without police stations.
    In Tarkwa, on May 15, two men were convicted and sentenced to 20 
years each for conspiracy and slave dealing after attempting to sell a 
16-year-old carpenter.
    The Human Trafficking Act of 2005 (Act 694) established the Human 
Trafficking Board. In 2007 the Government established a 17-member Human 
Trafficking Board composed of all concerned ministries, the security 
services, the private sector, and other stakeholders.
    The Government, the International Labor Organization (ILO), and 
NGOs continued to train security forces, immigration authorities, 
customs officials, and police on the new trafficking law. The Border 
Patrol Unit, part of the Immigration Service, is responsible for 
monitoring the flow of travelers in and out of the country, 
particularly along unapproved routes. By year's end officials of the 
Immigration Service, including the Border Patrol Unit, identified 26 
traffickers who were transferred to the police. Various ministries 
worked with the ILO's International Program on the Elimination of Child 
Labor (ILO/IPEC), the IOM, and NGOs to address trafficking. The MMYE, 
in conjunction with ILO/IPEC, continued to implement a National Plan of 
Action for the Elimination of Child Labor. International and local NGOs 
and MOWAC worked to identify and return children trafficked to fishing 
villages, and to support the fishermen's transition to alternate forms 
of income generation.
    Authorities made ad hoc efforts to shelter and reintegrate 
trafficking victims from the country and other West African countries. 
However, the Government devoted little attention to rehabilitating 
child trafficking victims. The Trafficking Victims fund, established by 
the Government in 2006 was not funded. In December the MOWCA hosted an 
event for NGO and foreign donors and asked for contributions to the 
trafficking fund.
    During the year the Government continued to conduct community 
meetings and workshops for media and police to raise awareness of the 
trafficking law.
    In January the police raided an area of brothels in Accra known as 
Soldier Bar, rescuing 160 women and children. Due to a lack of adequate 
facilities to care for and protect the victims, most of the women 
rescued left the facility where they were being sheltered within a day 
or two of being rescued.
    During the year the police made a number of rescues of children 
being trafficked. In July 155 children being transported in four 
minibuses were rescued while being transported to Cote d'Ivoire (CDI). 
In August police rescued 12 children in a vehicle, also heading to CDI. 
In the same month, 10 girls, ages five to 15, were rescued from a 
vehicle near Accra. In July 15 children were rescued from a Koranic 
teacher in Bimbilla, Northern Region. The teacher was forcing the 
children to beg. The teacher was arrested on child welfare charges, 
although the police planned to also charge him with trafficking. The 
teacher was released on bail and reportedly sought the protection of a 
local chief. At year's end the court case continued, and the children 
remained in protective custody.

    Persons With Disabilities.--In 2006 parliament passed legislation 
that specifically provides for the rights of persons with disabilities, 
including protection against exploitation and discrimination in 
employment, health care, and other domains. While the Government did 
not systematically or overtly discriminate against persons with 
disabilities, such persons often experienced societal discrimination. 
The law provides persons with disabilities access to public buildings 
as far as is practical. The national council for the disabled, mandated 
by law, was not established by year's end. Activists supporting the 
rights of persons with disabilities complained of the slow 
implementation of the Persons with Disability Act, especially the lack 
of legislative instruments to implement the new law. Despite the legal 
protection provided in the law, discrimination against disabled persons 
in employment and the inaccessibility of public buildings continued to 
be problems.
    According to the Ghanaian Times of July 28, Yakubu Busanga, a 
hunchback, was killed and his hump removed. The attack may have been 
motivated by an effort to obtain body parts for use in ritual 
practices. In September there were reports from Bibiani District of 
three hunchbacks being murdered for body parts which apparently were to 
be used in rituals. Persons with both mental and physical disabilities 
were frequently subjected to abuse and intolerance. Some religious 
groups believed that persons with mental disabilities were afflicted by 
demons which should be exorcised. The abuse of children with 
disabilities was common. In previous years there were reports that 
children with disabilities were tied to trees or under market stalls 
and caned regularly and of family members killing children with 
disabilities.
    Human rights activists expressed concerns about camps in which 
individuals believed to be possessed by evil spirits were chained up 
for weeks, physically assaulted, and denied food and water. The camps 
targeted persons with mental illnesses. Camp supervisors diagnosed 
mental illness as a ``demonic affliction'' and prevented patients from 
consuming food or water, often for seven consecutive days, to cleanse 
victims of their evil spirits. Some victims were estimated to be as 
young as six years old. Families sent these victims to be exorcised of 
evil spirits or cured of their physical or mental illnesses. Victims 
were held at the camps until they were considered to be healed. Reports 
indicate that these practices occurred in the Greater Accra, Eastern, 
Central, Western, Ashanti, and Brong Ahafo regions. During 2006 visits 
to prayer camps, foreign embassy observers witnessed more than 100 
persons who were forcibly chained to beds or posts and one windowless 
cell designed for persons with mental illness. The Commonwealth Human 
Rights Initiative released a report during the year on prayer camps 
based on interviews with current and former inmates. The report found 
that insufficient financial resources was a burden faced by many 
families caring for mentally ill members, and that prayer camps were an 
available option. The CHRI called for regulation of prayer camps. There 
are several government agencies and NGOs involved in addressing 
discrimination against persons with disabilities, including the 
Ministry of Health, the Department of Social Welfare in the MMYE, the 
Ministry of Education, and the Center for Democratic Development.

    National/Racial/Ethnic Minorities.--Although the Government 
deemphasized the relevance of ethnic differences, its opponents 
complained that appointed senior government positions were dominated by 
Ashantis and other Akans at the expense of Ewes and northerners. 
President Kufuor and some of his ministers and close advisors were 
Ashanti, but the vice president and many ministers were of other ethnic 
origins. President Mills will name a new cabinet and senior 
administration in early 2009.
    There were numerous small-scale conflicts within ethnic groups 
during the year, most of which related to chieftaincy and land use 
issues. Efforts by NGOs to encourage reconciliation continued during 
the year.

    Other Societal Abuses and Discrimination.--The law criminalizes 
homosexuality, and lesbians and gays faced widespread discrimination, 
as well as police harassment and extortion attempts. There is a minimum 
misdemeanor charge for homosexual activity, and homosexual men in 
prison often were subjected to sexual and other physical abuse.
    Discrimination against persons with HIV/AIDS was a problem, and the 
fear of being stigmatized continued to discourage persons from being 
tested for HIV infection.
    The Government and NGOs subsidized many centers that provided free 
HIV testing to citizens, although there were reports that 
confidentiality was not consistently respected.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except for 
the armed forces, police, the prison service, and some other security 
and intelligence agency personnel, to form and join unions of their 
choice without previous authorization or excessive requirements, and 
workers exercised this right in practice. While unions no longer must 
seek government approval before registering, the 2003 Labor Act 
requires that trade unions or employers' organizations must register 
and be authorized by the chief labor officer to obtain a certificate of 
registration and be considered legal. The percentage of workers 
belonging to unions decreased in recent years, in part because of a 
relative lack of employment opportunities in the formal, unionized 
sectors that led many new entrants to the workforce to enter the 
informal sector. Moreover, some workers previously employed in the 
formal sector lost their jobs.
    The law recognizes the right to strike but restricts that right for 
workers who provide essential services, including ``areas in an 
establishment where an action could result in a particular or total 
loss of life or pose a danger to public health and safety and such 
other services as the minister may by legislative instrument 
determine.'' During the year the Minister of Manpower, Youth and 
Employment formally designated the list of essential services. The list 
included services carried out by utility companies (water, electricity, 
etc.), ports and harbors, medical centers, and the Bank of Ghana. In 
the case of these essential services, the parties to any labor disputes 
are required to resolve their differences within 72 hours; the deadline 
was meant to put pressure on employers and employees to operate 
efficiently with limited interruptions. 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 the 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 had ever 
gone through the complete dispute resolution process, and there were 
numerous unsanctioned strike actions during the year. There had been no 
legal strikes since independence.
    In February workers of the state-owned Ghana Railway Company went 
on a seven-week strike demanding payment of four months outstanding 
salaries, a 150 percent salary increase, and the removal of their 
management. The workers called off the strike following a meeting with 
government officials and an agreement to establish a committee to 
review the union's collective bargaining agreement, which had lapsed in 
2000.

    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. However, the armed forces, 
police, prison service, security and intelligence personnel, and 
workers with policy making and managerial functions do not have any 
possibility of bargaining. The law provides a framework for collective 
bargaining, and trade unions engaged in collective bargaining for wages 
and benefits with both private and state-owned enterprises without 
government interference. However, only unions that represented the 
majority of workers in a given company can obtain a Collective 
Bargaining Certificate, which is required to engage in collective 
bargaining.
    The labor law prohibits antiunion discrimination by employers; 
however, some employers continued to fire employees for union activity 
contrary to the law.
    Attempts by some workers to form unions have allegedly led to 
unfair treatment by employers. In July the chairman and secretary of 
the Senior Staff Association of the Bank of Ghana (the nation's central 
bank) were dismissed following a protracted dispute over unionizing of 
senior staff. In July the union vice-chairman of a micro-finance 
company was dismissed for soliciting union membership on the firm's 
premises.
    In January a high court judge ruled that an employer is not 
required to provide a reason for the termination of employment, 
providing appropriate notice is served in accordance with the contract 
of employment. The Ghana Trade Union Congress is urging the Government 
to ratify ILO Convention 158 to provide for worker rights. Existing 
labor law applies in 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.
    The law provides for employers found guilty of using forced labor 
to be fined no more than 250 penalty units (each unit is assigned a 
monetary value adjusted for the fluctuating exchange rate); however, 
limited resources inhibited the Government's implementation of the law, 
and no fines were levied during the year. During the year the ILO 
continued to urge the Government to revise various legal provisions 
that permit imprisonment with an obligation to perform labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets the minimum employment age at 15 years and 13 years for 
employment that is not likely to be harmful to the child and does not 
affect the child's attendance or capacity to benefit from school. The 
law prohibits night work and certain types of hazardous labor for those 
under 18, and provides for fines and imprisonment for violators; 
however, child labor remained a serious problem in the informal sector. 
The law allows for children age 15 and above to have an apprenticeship 
under which 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 always enforced effectively or 
consistently, and law enforcement officials, including judges, police, 
and labor officials, were sometimes unfamiliar with the provisions of 
the law that protected children. During the year the MOWAC continued to 
conduct seminars on child labor to educate the media, police, civil 
servants, and the general public. Local custom and poverty encouraged 
children to work to help support their families and eroded societal 
observance of minimum-age laws.
    Children as young as seven worked in agriculture and as domestic 
laborers, porters, hawkers, miners, quarry workers, and fare 
collectors. The fishing industry on Lake Volta had a particularly high 
number of child laborers engaged in potentially hazardous work, such as 
diving into deep waters to untangle fishing nets caught on submerged 
tree roots. Child laborers were poorly paid and physically abused; 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 were infrequent in the formal labor 
sector.
    The law prohibits forced and compulsory labor by children; however, 
during the year children were reportedly sold, leased, or given away by 
parents to work in agriculture, fishing villages, quarries and mines, 
shops, or homes. It was difficult to determine the extent to which 
forced and bonded labor by children was practiced.
    There were newspaper reports of children being sold into 
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. The media runs regular stories 
about children being used in involuntary servitude. In July police 
stopped four vans in Western Ghana, carrying 155 children toward Cote 
d'Ivoire. The children were believed to be going to work in 
agricultural areas.
    The extent of child labor in the cocoa industry was better known 
following the June release of the Ministry of Manpower, Youth and 
Employment's ``Cocoa Labour Suvey in Ghana,'' part of its National Plan 
for the Elimination of the Worst Forms of Child Labor. The survey found 
that children involved in cocoa work were generally the children of 
cocoa farmers, that an estimated 90 percent of the children working in 
the cocoa sector were attending school (although often schools of poor 
quality), and no evidence of forced child labor or instances of the 
trafficking of children in the sector. The survey also found that 47 
percent of the children interviewed had participated in at least one 
hazardous cocoa activity during the previous farming season. Some of 
the more common hazardous activities included working without 
protective clothing, using a cutlass to clear weeds, or being in the 
vicinity of the spraying of agro-chemicals. Only 1.5 percent of the 
children interviewed reported working with agrochemicals.
    Inspectors from the Labor Department of the MMYE are responsible 
for enforcement of child labor regulations, and district labor officers 
and the social services subcommittees of district assemblies are 
charged with seeing that the relevant provisions of the law are 
observed by annually visiting each workplace and making spot checks 
whenever they receive allegations of violations. Inspectors are 
required to provide employers with information about child labor 
violations and effective means to comply with provisions of the Labor 
Act. However, the Government did not provide sufficient resources to 
law enforcement and judicial authorities to conduct these efforts.
    The MMYE has been involved in sensitizing district assemblies on 
child labor issues in the cocoa sector. The MMYE chairs a National 
Steering Committee for the elimination of child labor and a national 
subcommittee on child labor in the cocoa sector.
    During the year the MOWAC carried out awareness-raising initiatives 
disseminating results of a 2005 study of child labor practices in cocoa 
farming. The Ministry of Employment also worked closely with NGOs and 
the cocoa industry to better understand the role of children in the 
cocoa sector and to encourage changes, though the program to eliminate 
the worst forms of child labor in the cocoa industry.
    ILO/IPEC, government representatives, the Trade Union Congress, the 
media, international organizations, and NGOs continued to build upon 
the National Plan of Action for the Elimination of Child Labor in Ghana 
by increasing institutional capacity to combat child labor. With the 
support of the Government, NGOs and foreign governments funded more 
recent programs 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 Committee 
composed of representatives of the Government, labor, and employers set 
daily minimum wages. The daily minimum wage of 1.60 cedis 
(approximately $1.65) during the year did not provide a decent standard 
of living for a worker and family. Furthermore, there was widespread 
violation of the minimum wage law in the formal sector and there was no 
official minimum wage for the growing informal labor force. In most 
cases households had multiple wage earners, and family members engaged 
in some family farming or other family-based commercial activities. The 
MMYE was unable to credibly enforce this law.
    In June 2007 the president signed legislation creating a Fair Wages 
and Salaries Commission charged with ensuring fair, transparent, and 
systematic implementation of the Government public service pay policy; 
advising government on matters related to salaries, wages, grading, 
classification, job analysis and job evaluation; and ensuring that 
decisions on those issues are implemented. By the end of the year the 
commission was not fully operational.
    The law sets the maximum workweek at 40 hours, with a break of at 
least 48 consecutive hours every seven days. Workers were entitled to 
at least 15 working days' leave with full pay in a calendar year of 
continuous service or after having worked at least 200 days in a 
particular year. However, such provisions do not apply to task workers 
or domestic workers in private homes, nor elsewhere in the informal 
section.
    Occupational safety and health regulations exist, and the Factories 
Department within the MMYE was responsible for imposing sanctions on 
violators; employers who failed to comply were liable to a fine not 
exceeding one thousand penalty units, to imprisonment for a term not 
exceeding three years, or to both. The law requires that employers 
report, no later than seven days from the date of occurrence, 
occupational accidents and diseases. In practice, safety inspectors 
were few and poorly trained, and they lacked the resources to 
effectively respond to violations. Inspectors did not impose sanctions 
or otherwise respond to violations during the year.
    In September CHRAJ issued a report, ``The State of Human Rights in 
Mining Communities in Ghana.'' The report found evidence of widespread 
violations of human rights in mining areas of the country. The report 
documents abuses by the security services in mining areas, particularly 
of galamseys, or independent, artisanal miners whose operations 
sometimes conflict with larger, concessionary miners. The report also 
notes that environmental damage from mining, especially to water 
resources, has impacts on both public health and on the loss of 
livelihoods. Blasting in mine sites also caused damage to private 
property.
    The report cites examples of private and GOG security forces 
abusing small scale miners. In the Obuasi area of Western Ghana 
independent miners suspected of stealing equipment from a nearby mine 
were arrested and beaten by undisclosed security service members. The 
report cited a 2006 incident in Wassa West area where members of the 
Ghana military covered pits where independent miners were known to be 
digging. The miners were able to extract themselves.

                               __________

                                 GUINEA

    Guinea's constitution was suspended by a military junta that seized 
power in a coup on December 23, hours after the death of former 
President Lansana Conte. Before the coup, Guinea was a constitutional 
republic in which effective power was concentrated in a strong 
presidency. President Lansana Conte and his Party for Unity and 
Progress (PUP) ruled this country of approximately 9.9 million persons 
from 1984 to 2008, first as head of a military junta and, after 1994, 
as a civilian president. President Conte won reelection in 2003 in an 
election that the opposition boycotted and international observers 
criticized as neither free nor fair. Following a nationwide labor 
strike in January and February 2007 and a negotiated agreement, 
President Conte accepted the installation of a consensus government 
under Prime Minister Lansana Kouyate, whom he later dismissed and 
replaced with Ahmed Tidiane Souare on May 20. Following the December 23 
coup, the Council for Democracy and Development (CNDD) assumed power 
and proclaimed Captain Moussa Dadis Camara as the country's new head of 
state. The CNDD dismissed the National Assembly leaving the country 
without a legislative institution. The CNDD later named a civilian 
prime minister, Kabine Komara. Technically, the prime minister serves 
as head of government while the president serves as head of state, 
although the divisions of power are unclear. The civilian authorities 
generally did not maintain effective control of the security forces.
    Serious human rights abuses occurred during the year. Security 
forces tortured and abused detainees to extract confessions, and 
killed, beat, and abused civilians. Prison conditions were inhumane and 
life threatening. Perpetrators of killings and abuse acted with 
impunity. There were arbitrary arrests, prolonged pretrial detention, 
and incommunicado detention. The judiciary was subject to corruption 
and outside influence. The Government infringed on citizens' privacy 
rights and restricted freedoms of speech, press, assembly, association, 
and freedom of movement although these restrictions were less evident 
than in previous years. Violence and societal discrimination against 
women, prostitution of young girls, and female genital mutilation (FGM) 
were problems. Trafficking in persons, ethnic discrimination, forced 
labor, including by 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed a number of citizens. The Government did not 
investigate any of these cases and took no legal or disciplinary action 
against security force members responsible for the killings.
    From May 27-29 a military mutiny in Conakry took place in which 
armed soldiers killed at least four persons and injured approximately 
100 others. On May 29, soldiers in Kindia fired into the air in support 
of the military mutineers in Conakry. A falling bullet killed a petty 
officer who was on duty. During the mutiny uniformed security personnel 
shot and killed a 22-year- old man while they were robbing him even 
though the victim reportedly did not resist the attack. In response to 
mutineers' demands, the Government released approximately 200 military 
and police officers who had been detained, but never charged, due to 
the strike-related violence in early 2007.
    On June 17, soldiers in Conakry killed 14 police officers after 
surrounding police headquarters in response to a police labor strike.
    There were no developments in the investigations of the deaths and 
injuries that occurred in 2007 during the nationwide labor strike and 
subsequent period of civil unrest, during which security forces killed 
between 137 and 186 people, and injured approximately 1,700 others. In 
addition, there were no developments in the February 2007 cases in 
which security forces killed Mamadou Salam Bah and Aissatou Bah.
    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.
    Mob violence at times led to killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
both civilian and military forces beat and otherwise abused civilians. 
There also were reports that security forces tortured and beat citizens 
to extract confessions and employed other forms of brutality. NGOs 
reported ongoing torture in Conakry's main prison and police detention 
facilities. The Government did not investigate any of these cases and 
took no legal or disciplinary action against security force members 
responsible for the abuses.
    In late February the former government released Lansana Komara, a 
university professor and member of the opposition political party Rally 
for the Guinean People (RPG). Komara had been arbitrarily arrested and 
imprisoned in December 2007. A foreign observer reported seeing 
physical evidence of severe beatings and torture on Komara, including 
marks around his neck. Komara claimed that military personnel had 
nearly strangled him to death with a tightened wire in order to extract 
a confession of treason.
    On May 6, a foreign observer spoke with a recent torture victim at 
the Conakry Central Prison who was still recovering from large 
abrasions all over his body. The victim claimed that Conakry police 
officers had tortured him a few days before transferring him to the 
prison.
    The local NGO Terres des Hommes released a study in May on 
conditions for minors at Conakry's Central Prison. The NGO reported 
observing two cases of severe torture by police reportedly inflicted 
prior to the minors' incarceration.
    Local press reported with photographic evidence that, on November 
21, Army Lieutenant Claude Pivi authorized the torture of six 
Cameroonian citizens accused of stealing from his vehicle. Soldiers 
reportedly beat and tortured the victims for four hours, including 
forcing them to crawl naked over burning coals and tossing burning 
plastic bags on their bodies. The Government had not investigated the 
incident by year's end, and after the December coup, Claude Pivi was 
named as a member of the CNDD, and then subsequently appointed as the 
new minister of presidential security.
    Unlike the previous year, there were no reports of security force 
beatings of demonstrators or rapes of civilians.
    No action was taken against security forces responsible for torture 
and related abuses reported in 2006 and 2007.
    NGOs reported that vigilante violence was common since many victims 
of crime feared they would not receive justice due to judicial 
corruption or they believed that sentences served were inadequate. 
According to one NGO, citizens in N'Zerekore sometimes waited outside 
the local prison to attack and sometimes burn released convicts to 
death. On November 12, civilians in Siguiri stoned Fanta Camara to 
death after a local radio station publicly identified her as a child 
trafficker. The next day, the radio station retracted its report, 
acknowledging that it had misidentified the woman. There were no 
investigations or arrests made regarding the case by year's end.

    Prison and Detention Center Conditions.--There are at least three 
types of prisons under three separate authorities: the Ministry of 
Justice, the Ministry of Defense, and the gendarmerie. As access to the 
military and gendarmerie prisons is strictly controlled with little or 
no international access permitted, very little is known about 
conditions in these facilities. NGOs estimate that there are between 
2300 and 3500 prisoners (including between 100 and 175 females) 
incarcerated in 32 civilian prison facilities nationwide.
    Although the Ministry of Justice administers the prisons, the 
facilities were managed and staffed by military officers and guards. 
There were reports that some prison administrators followed directives 
from their military superiors, even when they were in conflict with 
orders from the Ministry of Justice. Due to limited funds and personnel 
shortages, prisons were largely staffed by untrained and unpaid 
``volunteers'' who hoped for permanent entry into the military. This 
system was difficult to manage and particularly vulnerable to 
corruption and abuse.
    During the year most of the country's prisons were restored after 
having been destroyed during the 2007 civil unrest. An international 
NGO helped renovate 10 prisons and some communities, in coordination 
with local government authorities, converted vacant government 
buildings into prison facilities.
    Prisons were overcrowded, and conditions remained inhumane and life 
threatening. Neglect, mismanagement, and lack of resources were 
prevalent. Some Conakry prisoners reported sleeping on their knees 
because their cells were so small. The Conakry Prison was originally 
built to hold 200 prisoners, but held 1,055 prisoners at year's end.
    NGOs reported that the N'Zerekore prison was in extremely poor 
physical condition, and severely overcrowded with approximately 60 
prisoners squeezed into two small cells with no access to fresh air or 
daylight.
    Although the law condemns torture and other abuse, the Government 
took no action against alleged torturers. Prisoners, including 
children, bore similar wounds and shared common stories. According to 
NGOs, prisoners claimed that guards routinely threatened, beat, and 
otherwise harassed them. According to a local prisoner advocacy NGO, 52 
percent of the prisoners at the Conakry Central Prison displayed 
evidence of torture, including scars from cigarette and plastic burns, 
head injuries, burned hands, and skin lacerations. Prisoners were 
reportedly routinely tortured to extract confessions or to extort 
money.
    Reports from NGOs indicate prison guards routinely harassed and 
sexually assaulted female inmates. One NGO reported that girls under 
the age of 18 were regularly subjected to sexual exploitation and 
harassment by prison guards in exchange for favors, especially 
provision of additional food or water. According to a prisoner advocacy 
NGO, a prison administrator in Kankan routinely sexually abused a 
female prisoner serving out a life sentence, and she subsequently gave 
birth to a child during the year. No action was taken against the 
administrator by year's end.
    NGOs reported endemic malnutrition throughout the prison system. On 
a routine visit to a small prison in Telimele, a medical doctor working 
for an NGO estimated that 10 of the prison's 12 inmates suffered from 
life-threatening levels of malnutrition. Prisoners reported eating one 
meal a day consisting primarily of white rice and occasionally dried 
fish. Most inmates relied on assistance from families or friends to 
maintain their health, or benefited from NGO-sponsored nutrition 
programs. Guards often demanded bribes in exchange for delivering food 
to those incarcerated, and routinely confiscated food, which was seldom 
delivered to the intended beneficiary.
    Toilets did not function, and prisoners slept and ate in the same 
space used for sanitation purposes. Poor sanitation, malnutrition, 
disease, lack of medical attention, and poor conditions resulted in 
dozens of deaths. No estimates were available as to the nationwide 
mortality rate of prisoners, although a local prisoner advocacy NGO 
reported 92 deaths in Conakry's main prison during the year.
    During the year a prison administrator arrested in Mamou in 2006 
for raping a female inmate was found innocent because he claimed that 
he and the prisoner were in love.
    There were no further developments in the 2006 case of a prison 
administrator raping a female inmate in Kindia. Unlike in previous 
years, there were no reports of female prisoners being sent to work at 
private homes of government officials.
    Some prisoners exercised more power than the guards by controlling 
conditions and cell assignments, giving better conditions to prisoners 
who were able to pay.
    In most prisons, men and women were held separately, but juveniles 
generally were held with adults in prisons outside the capital. Local 
NGOs reported that male juveniles were held separately from adult males 
at Conakry's Central Prison. However, juvenile and adult females were 
confined together, and were not given the same freedoms as their male 
counterparts, such as access to fresh air. In 2006 an international NGO 
reported the prevalence rate of HIV/AIDS among incarcerated male minors 
was as high as 50 percent, suggesting sexual abuse. A 2008 study by a 
local NGO reported skin lesions on 41 percent of juvenile inmates, 
which it attributed to sexual abuse.
    Nationwide figures regarding incarcerated minors were unavailable, 
but a local NGO reported that 149 children were incarcerated at Conakry 
Central Prison. Approximately 85 percent of them had not been formally 
charged or tried. Several had been imprisoned for more than six years. 
Unlike in previous years, there was no information available as to 
numbers of children incarcerated with their mothers.
    In July local media reported that a two-year-old girl died in a 
detention center in Fria where she was being held with her mother. The 
NGO Terre des Hommes reported that only five of 117 juvenile inmates 
had obtained access to legal representation during the year. The 
Government did not make provisions for children's food, clothing, 
education, or medical care in prison.
    First-time offenders were not separated from repeat offenders, 
pretrial detainees were not separated from convicted prisoners, and the 
prison system often was unable to track pretrial detainees after 
arrest. Political prisoners were reportedly held either at the 
gendarmerie prison PM3 or at the main prison in Conakry, but housed in 
separate cells from the general population.
    The Government permitted prison visits by the International 
Committee for the Red Cross (ICRC) and other local humanitarian and 
religious organizations which offered medical care and food for those 
in severe need. The ICRC was allowed regular access to all official 
civilian detention facilities; however, no international organization 
was permitted access to the military detention facilities. The ICRC 
continued partnership programs with prison and security authorities to 
improve prison conditions. During the year a local NGO attempted to 
visit a major military prison on Kosa Island, but government officials 
claimed that the facility was not a prison.
    The Government generally provided open access to prisoners and 
allowed interviews to be conducted outside the presence of prison 
guards or other government authorities, but only in civilian-run 
prisons.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, security forces did 
not observe these prohibitions.

    Role of the Police and Security Apparatus.--The gendarmerie, a part 
of the Ministry of Defense, and the National Police, under the Ministry 
of Security, share responsibility for internal security. The army is 
responsible for external security but also plays a role in domestic 
security. A quasi police unit called the Anticrime Brigade, created to 
fight criminal gangs and bandits, operated in Conakry and in most major 
regions and prefectures. The Code of Penal Procedure permits only the 
gendarmerie to make arrests, but the army, the Presidential Guard (Red 
Berets), and the state police often detained persons as well.
    The police force was inadequately staffed and lacked training. In 
addition, a number of police officers were part of a ``volunteer'' 
corps that did not receive a salary. Administrative controls over the 
police were ineffective, and security forces rarely followed the penal 
code. Corruption was widespread, and security forces generally were not 
held accountable for abuses of power or criminal activities. Many 
citizens viewed the security force as corrupt, ineffective, and 
dangerous. Police ignored legal procedures and extorted money from 
citizens at roadblocks. The Government did not take any action to train 
or reform security forces, although several NGOs conducted training 
programs.
    During the week-long military mutiny in May, soldiers fired into 
the air, killing at least four people and injuring approximately 100 
others. Soldiers also robbed persons at gunpoint, looted businesses, 
and otherwise threatened the civilian population.

    Arrest and Detention.--The penal code stipulates that the arrest of 
persons in their home is illegal between 4:30 p.m. and 6:00 a.m.; 
however, night arrests occurred. The penal code also requires the 
Government to 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. Authorities routinely did not 
respect the provision of the law that provides for access by attorneys 
to their clients. Although the law proscribes incommunicado detention, 
it occurred in practice. Release on bail was at the discretion of the 
magistrate who had jurisdiction. The law allows detainees prompt access 
to family members, although such access may be in the presence of a 
government official.
    Security forces occasionally arrested demonstrators during the 
year, detaining them for several hours before releasing them. During 
the May military mutiny, the Government released dozens of soldiers who 
had been imprisoned without charge since early 2007 on suspicion of 
human rights abuses committed during a nationwide labor strike and 
resulting period of civil unrest.
    In late February the Government released opposition political party 
member Lansana Komara from prison after having arrested and detained 
him since December 2007 without charge.
    Gendarmes detained an unknown number of active and former-military 
personnel for unspecified reasons. Credible human rights sources 
reported that the treatment of these detainees was not monitored by 
independent agents. One international NGO reported that at PM3, the 
main gendarmerie prison, gendarmes routinely arrested civilians and 
detained them until they paid bribes for their release. In violation of 
the law, an unknown number of prisoners reportedly were held on army 
bases where virtually all contact was forbidden.
    Prolonged pretrial detention was a serious problem. Local and 
international NGOs estimated that 85 percent of all prisoners were 
awaiting trial.
    Judicial inefficiency, corruption, and lack of political will 
contributed to high pretrial detention rates. Many detainees have 
remained in prison for more than 10 years without trial. For example, 
both Abdoulaye Camara and Mohamed Diasy reportedly have served 12 years 
at the central prison on burglary charges without judgment or 
sentencing. At least one of them has suffered permanent paralysis as a 
result of prison conditions. Another prisoner, Thierno Barry, has been 
in the Conakry Central Prison without judgment or sentencing since his 
arrest in 1991.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, but judicial officials often deferred to 
executive authorities. The judicial system was endemically corrupt, and 
magistrates were civil servants with no assurance of tenure. 
Authorities routinely accepted bribes in exchange for specific 
outcomes. Budget shortfalls, a shortage of qualified lawyers and 
magistrates, and an outdated and restrictive penal code continued to 
limit the judiciary's effectiveness.
    The judiciary includes courts of first instance, two courts of 
appeal, and the Supreme Court, which is the court of final appeal. The 
law provides for a parallel structure for juveniles. A military 
tribunal prepares and adjudicates charges against accused military 
personnel, to whom the penal code does not apply. Military courts do 
provide the same rights as civil courts. Civilians were not subject to 
military tribunals.
    In practice the two appeals courts which handle serious crimes 
rarely functioned, which contributed to lengthy pretrial detentions. By 
law, the courts of appeal must hold a session once every four months, 
but met only once during the year.

    Trial Procedures.--Trials are public, and juries are used for 
criminal cases. Defendants have the right to be present and to consult 
with an attorney in a timely manner. Defendants have the right to 
confront and question prosecution witnesses and present witnesses and 
evidence on their behalf. The prosecution prepares a case file, 
including testimonies and evidence, and provides a copy for the 
defense. 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 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. By law all these rights are extended to 
all citizens.
    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 sometimes referred a case from the formal to the 
traditional system to ensure compliance by all parties. Similarly, if a 
case was not resolved to the satisfaction of all parties in the 
traditional system, it could be referred to the formal system for 
adjudication. The traditional system discriminated against women in 
that evidence given by women carried less weight.
    The state security court is composed of magistrates directly 
appointed by the president, and the verdict is open to appeal only on a 
point of law, not for the reexamination of evidence.
    No legal action was taken against Sekhounah Soumah, an elected 
official related to the late President Conte who in 2006 assaulted a 
judge during trial proceedings and ordered him to stop the trial that 
was in session.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or political detainees.

    Civil Judicial Procedures and Remedies.--Under the law, there is a 
judicial procedure for civil matters. In practice the judiciary was 
neither independent nor impartial, and decisions were often influenced 
by bribes and based on political and social status. There were no 
lawsuits seeking damages for human rights violations. In practice 
domestic court orders were often not enforced.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law provide for the inviolability 
of the home and requires judicial search warrants; however, police and 
paramilitary police often ignored legal procedures in the pursuit of 
criminals or when it served personal interests. For example, during the 
May military mutiny, soldiers reportedly entered private residences, 
extorted money, and generally threatened civilians.
    A local prisoner advocacy NGO reported that prison administrators 
would occasionally allow a designated family member to serve out the 
sentence of a convicted relative. According to the NGO, an elderly man 
in Youmou sent his son to serve out a six month sentence. Similarly a 
man in Kankan, who had been sentenced to three years in prison, was 
released after serving part of his term so that he could send his wife 
to take his place. Due to the NGO's intervention, authorities later 
released the woman and her five incarcerated children.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of expression and of press. Unlike the previous year, the 
Government generally respected these rights in practice.
    The law prohibits talk or chants in public that are perceived as 
seditious; establishes defamation and slander as criminal offenses; and 
prohibits communications that insult the president, incite violence, 
discrimination, or hatred, or disturb the public peace or security. 
Penalties include fines, revocation of press cards, imprisonment, and 
banishment.
    Citizens could generally criticize the Government publicly and 
privately without fear of reprisal. Various civil society organizations 
and opposition political parties often distributed public statements 
criticizing the Government, and in some cases, the president.
    The Government published an official daily newspaper, the Horoya, 
and continued to operate official television and radio stations. The 
state-owned media provided extensive and mostly favorable coverage of 
the former government and ruling party while occasionally covering 
opposition political party activities. State-owned media provided 
minimal coverage of the May military mutiny and the June conflict 
between the military and the police. They rarely covered antigovernment 
demonstrations.
    Despite the limited reach of the print media due to low literacy 
rates and high prices of newspapers, the independent media were active 
and expressed a wide variety of views with minimal restrictions. There 
were 13 private newspapers published weekly in Conakry, and dozens of 
other publications appeared sporadically; technical difficulties and 
high operating costs impeded regular publication. Two private 
newspapers were published irregularly in the regions of Labe and 
Kankan.
    There was one private book publisher, Les Editions Gandhal, which 
published without restriction. Foreign publications, some of which 
criticized the Government on a regular basis, were available both in 
print and electronic format.
    The Government does not permit media ownership by political parties 
and religious institutions, but did not restrict programming on 
political and religious subjects.
    The National Communications Council (CNC) provided financial 
subsidies to independent media organizations.
    The Government continued to criticize and harass journalists, 
although less frequently than in previous years. A journalist reported 
receiving threatening phone calls from the wife of former Prime 
Minister Kouyate for defaming her spouse after the president dismissed 
Kouyate in May.
    The CNC temporarily suspended two newspapers during the year for 
libelous reporting. On May 19, the CNC suspended La Croisade for two 
months for insulting other journalists and government officials. On 
September 15, the CNC suspended La Veritie for three months for 
accusing various members of government of corruption, but the sanction 
was lifted a week later. All newspapers had resumed normal operations 
by year's end.
    On December 17, security forces confiscated copies of La Lance 
after an unfavorable photograph of the president appeared on the front 
page.
    On December 18, the Government arrested two editors of La Veritie, 
Thiernodjo Diallo and Abou Maco Sankara, for publishing an open letter 
calling for the immediate dismissal of then Prime Minister Souare. The 
case was dropped after the December 23 coup.
    On December 18, the Government announced that any individual 
spreading false rumors that could affect the honor and integrity of the 
president would be apprehended and arrested. The Government also 
emphasized that any publication or news media diffusing information 
affecting the privacy of the president, including rumors regarding his 
health, would be prosecuted.
    Ten private radio stations broadcasted throughout the year, nine in 
the capital and one in Kankan. Twelve rural and community radio 
stations operated in other parts of the country, and radio remained the 
most important source of information for the public. 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. On November 4, the Government temporarily 
suspended Radio Familia, a private radio station for willfully 
encouraging street violence. The station ceased broadcasting for 
several hours, but then resumed normal operations after the CNC stated 
that the Government never ordered the suspension.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
Internet was available for use by all citizens, but only a small 
minority of the population used the technology. Cost, illiteracy, and 
lack of availability remained major constraints to use by a broad range 
of citizens.

    Academic Freedom and Cultural Events.--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; however, teachers generally were not subject to 
classroom censorship.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law restricts freedom of assembly. 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-working-hour advance notification of public gatherings. The law 
permits local authorities to cancel a demonstration or meeting if they 
believe it poses a threat to public order. Authorities may also hold 
event organizers criminally liable if violence or destruction of 
property ensues.
    Security forces routinely used tear gas and physical force to 
disperse crowds of demonstrators, but there were fewer reports of death 
and serious injuries than in previous years. On September 15, volunteer 
police officers responding to a Conakry market demonstration injured 
six women when they attempted to restrain them physically. On August 
22, soldiers shot and wounded three youths during a peaceful 
demonstration in Kamsar. The Government took no punitive action against 
the soldiers by year's end.
    After seizing power on December 23, the CNDD suspended all 
political and union activity. This policy was neither enforced nor 
officially reinstated by year's end.
    The Government did not investigate any cases and took no legal or 
disciplinary action against security force members responsible for the 
killings and injuries committed from 2006 through the reporting year.

    Freedom of Association.--The constitution and law provide for 
freedom of association; however, the Government infringed on 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. 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 and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The Secretariat General of Religious Affairs is responsible for 
providing liaison with all active religious groups in the country.
    Approximately 85 percent of the population practiced Islam, and 
most of these adhered to Sunni teachings and practices. Non-Muslims 
were represented in the cabinet, administrative bureaucracy, and the 
armed forces. However, the Government continued to refrain 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.

    Societal Abuses and Discrimination.--Relations among the various 
religions were generally amicable; however, in some parts of the 
country, Islam's dominance created strong societal pressure that 
discouraged conversion from Islam or land acquisition for non-Islamic 
religious use.
    There were few Jews in the country, and there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation; 
however, authorities at times infringed on these rights. The Government 
requires all citizens to carry national identification cards, which 
they must present on demand at security checkpoints.
    Police and security forces continued to detain persons at military 
roadblocks to extort money. There were fewer such reports than in 
previous years, but the practice escalated after the December 23 coup.
    The law does not prohibit forced exile, but the Government did not 
use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 1969 
OAU Convention Governing the Specific Aspects of Refugee Problems in 
Africa, 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 
generally provided protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
The Government cooperated with the Office of the UN High Commissioner 
for Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees and asylum seekers.
    The country has been a place of refuge for asylum seekers from 
neighboring countries in conflict, including Liberia, Sierra Leone, 
Cote d'Ivoire, and Guinea Bissau. At year's end UNHCR and the National 
Bureau for Refugee Coordination estimated that the total refugee 
population was 22,000, the majority of whom were Liberians. At year's 
end UNHCR reported that only three camps remained operational.
    The Government, in coordination with UNHCR, assisted the safe, 
voluntary return of Liberian refugees to Liberia and facilitated local 
integration for Liberian refugees unwilling or unable to return to 
their homes.
    On December 31, UNHCR declared the cessation of refugee status for 
Sierra Leonean refugees. During the year, the Government, with UNHCR, 
continued to facilitate the local integration of approximately 1,000 
Sierra Leonean refugees wishing to remain in the country after the 
cessation of their refugee status. UNHCR continued to offer financial 
support for the rehabilitation of communities severely affected after 
18 years of hosting refugees.
    During the year the Government continued to provide temporary 
protection to approximately 45 individuals of various African 
nationalities who may not qualify as refugees under the 1951 UN 
convention or the 1967 protocol.
    Unlike in previous years, there were no reports of rape, assault, 
or forced prostitution in refugee camps. Tension continued between host 
communities and refugee populations because of disparities in living 
standards and tribal conflicts, although these tensions were less 
apparent than in previous years. Economic decline in the country 
continued to exacerbate situations where refugees received basic 
services and opportunities unavailable to citizens.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide for a popularly elected president 
and National Assembly; however, the Government restricted citizens' 
ability to exercise this right. Under the law, legislative elections 
are scheduled every five years; however, legislative elections 
originally scheduled for June 2007 had not taken place by the end of 
the year. The constitution provides for the president of the National 
Assembly to assume power in the event of the president's death, with 
the requirement that a presidential election be organized within sixty 
days. On December 23, the military junta suspended this process when it 
seized power.

    Elections and Political Participation.--The late President Conte 
won reelection in 2003. All major opposition parties boycotted the 
election, criticized by international observers as neither free nor 
fair. In 2002 the Government held municipal and legislative elections, 
and 16 of 46 registered political parties participated, including all 
the major opposition parties. According to official results, President 
Conte's ruling PUP and associated parties won 91 of the 114 seats in 
the National Assembly. The PUP also garnered approximately 80 percent 
of the vote with certified victories in 31 of 38 municipalities and 241 
of 303 local councils.
    The local electoral process in 2003 was characterized by both 
improvements over past practice as well as serious flaws. Positive 
developments included freer campaigning, a single ballot listing all 
parties, transparent ballot boxes, political parties represented at the 
polling stations, media coverage of events, and free access for 
national observers. However, the turnout was low, and there were 
significant irregularities and bias by officials towards the ruling 
party before and during the vote. These included government revision of 
voter rolls with limited oversight, exclusion of up to 50 percent of 
the opposition candidate lists, unequal provision and distribution of 
voter registration cards and identity documents, and susceptibility to 
cheating in the district-level vote consolidations.
    Political parties generally operated without restrictions or 
outside influence. After the civil unrest in early 2007, the majority 
PUP's influence declined, and PUP membership did not confer formal 
advantages within the political system. However, in May the late 
president's dismissal of the consensus government, followed by his 
appointment of many PUP loyalists to positions throughout the 
Government, reversed this trend.
    There were 20 female deputies in the 114-member National Assembly 
and five women on the 26-member Supreme Court, which were dissolved by 
the CNDD on December 23. Three women held seats in the 36-member 
cabinet appointed in May. The previous cabinet also included three 
female ministers. There were few women at senior levels below minister. 
In 2007 under former Prime Minister Kouyate, the Government appointed 
the country's first female governor and two female prefects. Women 
generally played a minor role in the leadership of the major political 
parties; however, Assiatou Bah was vice president of the Union for 
Progress and Renewal (UPR) while Fatou Bangoura was the political 
secretary for the Rally for the Guinean People (RPG).
    Members of the three main ethnic groups (Soussou, Malinke, and 
Peuhl) as well as all smaller groups in the country served in the 
National Assembly. The Supreme Court and cabinet leadership included 
representatives of all major ethnic groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity. Corruption remained widespread 
throughout all branches of government. The World Bank's Worldwide 
Governance Indicators reflected that corruption was a severe problem. 
Although the president did not overrule legislative decisions, 
government officials routinely waited for presidential concurrence, 
sometimes for several months, before implementing new laws. Connection 
to the president or his powerful associates sometimes conferred 
exemptions from taxes and other fiscal obligations. Public funds were 
diverted for private use or for illegitimate public uses, such as 
buying expensive vehicles for government workers. Land sales and 
business contracts generally lacked transparency.
    In 2006 a committee was established to follow up on a 2005 World 
Bank report on corruption. Each ministry was tasked with creating an 
internal office to identify and address corruption as related to its 
duties. During the year the Government established commissions within 
individual ministries to address the 2005 recommendations. However, 
none of the commissions took action on the recommendations during the 
year. Public officials were not subject to financial disclosure laws.
    Following the May installation of Souare's government, several of 
the new ministers declared anticorruption a priority, but there was 
little evidence of concrete actions to address corruption. Although the 
Government improved transparency of the national university exam 
process in 2007, parts of this year's exam were thrown out due to 
perceived fraud and had to be retaken.
    On January 8, the Ministry of Justice, citing an expired statute of 
limitations for prosecution, dropped the 2006 embezzlement case against 
prominent businessman Mamadou Sylla, who the Government had briefly 
imprisoned. The Government stated that it would pursue a civil case, 
but had not done so by year's end.
    On August 18, the Government briefly arrested and detained the 
former Secretary General of the Presidency Sam Soumah on embezzlement 
charges. The president ordered Soumah's release less than 24 hours 
after his arrest, and the Government dropped the case.
    As in the previous year, the annual budget approved in July 
included a line item for all expenditures and each ministry was 
required to submit justifications for projected spending. Most 
ministries complied with this requirement. However, the overall lack of 
transparency made it difficult to determine whether funds had actually 
been spent according to the budget line items.
    On April 7, the Government partially released the results of a 
comprehensive audit initiated in 2007. The ministries of defense and 
finance were not included in the published results. The former 
government established a committee to recover missing funds; however, 
no actions were reported by year's end.
    There is no law providing free access to government information. 
However, the Government disseminates some information through radio, 
national television, and government-owned print media. Throughout the 
year the Government publicized deliberations of the weekly cabinet 
meetings, and the national television station broadcast the National 
Assembly's budgetary session. Most other government information was not 
available to the public, and there was no mechanism to request it 
formally.
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. The Government 
met with domestic NGO monitors, but did not respond to inquiries nor 
take action in response to NGO reports and recommendations during the 
year.
    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 did not grant permission 
to the Association of Victims of Camp Boiro to establish a museum 
focusing on human rights on the former location of the prison where 
political detainees were tortured and killed.
    The Government facilitated visits by a number of international 
human rights NGOs and generally cooperated with such organizations; 
however, none were permitted access to military prisons. The Government 
generally cooperated with other international bodies.
    The Government has several mechanisms for addressing human rights 
issues, including a national directorate within the Ministry of Justice 
and offices within the ministries of defense and interior. However, 
these organizations remained inactive during the year.
    Due to lack of funds, an independent commission of inquiry, 
established in September 2007 to investigate human rights abuses 
committed by security forces during the January-February 2007 general 
strike, did not formally start its investigation by years end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law 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.--Rape is a criminal offense, but is rarely prosecuted. 
Spousal rape is neither punished nor regarded as a criminal offense. 
Social beliefs and fear of being ostracized prevented most victims from 
reporting incidents of rape. According to a 2003 study, victims of 
sexual assault constituted more than 20 percent of women treated in a 
local hospital. Experts reported that the situation has not changed 
significantly. Many of these assaults were perpetrated by a person the 
victim knew and often took place at school; more than half the victims 
were young girls. Several local NGOs worked to increase public 
awareness of the nature of these crimes and promote increased 
reporting. The authorities were reluctant to pursue criminal 
investigations of alleged sexual crimes. There were no reports of 
prosecutions against rapists.
    Domestic violence against women was common, although estimates were 
unavailable as to its extent. Due to fear of stigmatization and 
reprisal, women rarely reported abuse except at the point of divorce. 
Wife beating is not addressed specifically within the law, although 
charges can be filed under general assault, which carries penalties 
ranging from two to five years in prison and fines ranging from 50,000 
to 300,000 Guinea francs (approximately $11 to $65). Assault 
constitutes grounds for divorce under civil law; however, police rarely 
intervened in domestic disputes, and there were no reports of 
perpetrators being punished.
    Prostitution is illegal but is widely practiced and generally 
tolerated. Selling or managing minors for prostitution is a criminal 
offense. However, the Government did not take action when prostitution 
of minors was brought to its attention, and it did not actively monitor 
child or adult prostitution.
    Sexual harassment is not against the law. Unlike in previous years, 
the Government did not make regular statements in the media against 
sexual harassment. Women working in the formal sector in urban areas 
complained of frequent sexual harassment, and it was not penalized by 
employers.
    The law provides for equal treatment of men and women. The Ministry 
of Social Affairs and Women's and Children's Issues worked to advance 
such equality; however, women faced discrimination throughout society, 
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 female heirs. Government officials acknowledged 
that polygamy was a common practice. Divorce laws generally tend to 
favor men in awarding custody and dividing communal assets. Legal 
evidence given by women carried less weight than testimony by men, in 
accordance with Islamic precepts and customary law. Although the 
principle of equal pay for equal work exists, in practice women 
received lower pay than men. No steps were taken to implement the 2007-
11 action plan on women's empowerment.

    Children.--The law provides that the Government should support 
children's rights and welfare, although in practice the Government did 
not effectively protect children. In May the National Assembly passed a 
new Child Code that was promulgated by the late President Conte in 
August. The code specifies broader protections for children, including 
references to trafficking, domestic violence, and labor.
    While access to primary education for both genders generally 
improved, government spending on education focused on higher learning.
    While exact figures are not available, the Government does not 
systematically register births and issue birth certificates, leaving a 
significant number of children without official documentation, which 
impedes access to school and health care.
    Government policy provides for tuition-free, compulsory primary 
school education for six years, and enrollment rates were significantly 
higher than in recent years, although generally low by international 
standards. Based on official data from the 2006-07 school year, 77 
percent of children were enrolled in primary school, including 74 
percent of girls. In rural areas, 63 percent of all children and 59 
percent of girls were enrolled in primary school. Several government 
programs continued to contribute to an increase in girl's school 
enrollment, but enrollment rates for girls generally starts to decline 
at the middle school level. While girls legally have equal access to 
all levels of primary and secondary education, social norms and 
practices result in significantly lower attendance rates at the 
secondary level.
    Child abuse, particularly sexual assault, was a serious problem. 
Girls between the ages of 11 and 15 years were most vulnerable and 
represented more than half of all rape victims.
    The Conakry pastor who received a sentence for raping at least 
eight girls in 2006 was reportedly released, and he returned to his 
home country of Sierra Leone.
    FGM was practiced widely in all regions among all religious and 
ethnic groups, and was performed on girls between the ages of four and 
17. FGM is illegal and carries a penalty of three months in prison and 
a fine of approximately 100,000 Guinea francs (approximately $22), 
although there were no prosecutions during the year. According to a 
2005 Demographic and Health Survey (DHS), FGM prevalence was 96 percent 
nationwide, a slight decline from the 99 percent prevalence rate 
reported in the 1999 DHS. Infibulation, the most dangerous form of FGM, 
was rarely performed.
    The Government continued efforts to eradicate FGM and to educate 
health workers on the dangers of the practice; however, there were no 
statistics evaluating the success of the program. The Government 
supported the efforts of the Coordinating Committee on Traditional 
Practices Affecting Women's and Children's Health (CPTAFE), a local NGO 
dedicated to eradicating FGM and ritual scarring. The CPTAFE reported 
high rates of infant mortality and maternal mortality due to FGM.
    The number of men and women opposed to FGM continued to increase. 
Urban, educated families increasingly opted to perform only a slight, 
symbolic incision on a girl's genitals rather than the complete 
procedure. The NGO TOSTAN was successful in bringing together many 
communities that traditionally intermarry to combat FGM. Recognizing 
traditional practices that encouraged FGM, the NGO helped establish 
binding social contracts where families agreed that they would accept a 
woman who had not undergone this procedure as an acceptable wife for 
one of their sons. Continued efforts by NGOs to persuade communities to 
abandon FGM resulted in thousands of families immediately ending the 
practice. By year's end, more than 300 communities had publicly 
declared an end to FGM, underage and forced marriages, and other 
harmful traditional practices, since the program started.
    The legal age for marriage is 21 years for men and 17 years for 
women. Although there were no official reports of underage marriage, it 
was a problem. Parents contracted marriages for girls as young as 11 
years of age in the Fouta and Forest regions. A local NGO reported that 
nine female inmates incarcerated in Kankan claimed to have murdered 
their husbands after having been forced into marriage. The CPTAFE, in 
conjunction with the Government, local journalists, and international 
NGOs, continued to run 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 daughters in the family home until they had at least 
completed secondary school.
    There are no official statistics available on the number of street 
children.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons, the country was a source, transit point, and destination point 
for trafficked persons. The law carries a penalty of five to 10 years' 
imprisonment and confiscation of any money or property received as a 
result of trafficking activities. The Government did not prosecute or 
convict any traffickers during the year.
    The Ministry of Social Affairs and the Promotion of Children is 
responsible for combating trafficking and chairs the inter-agency anti-
trafficking committee. Accurate statistics were difficult to obtain 
because victims did not report the crime, but the practice is believed 
to be widespread. Children were the primary victims of trafficking, and 
internal trafficking was more prevalent than transnational trafficking. 
Within the country, girls were trafficked primarily for domestic 
servitude and sexual exploitation, while boys were trafficked for 
forced agricultural labor, and as forced beggars, street vendors, shoe 
shiners, and laborers in gold and diamond mines. Some Guinean men were 
also trafficked for agricultural labor within the country.
    Girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, Senegal, 
Burkina Faso, and Guinea Bissau were trafficked into the country for 
domestic servitude and sexual exploitation. Guinean women and girls 
were trafficked to Nigeria, Cote d'Ivoire, Benin, Senegal, Greece, and 
Spain for domestic servitude and sexual exploitation. Chinese women 
were trafficked for commercial sexual exploitation by Chinese men 
living in the country. Networks also traffic women from Nigeria, India, 
and Greece through the country to the Maghreb countries and Europe.
    In February the local NGO Sabou Guinee reported that a young boy 
escaped from a truck driver who was attempting to traffic the boy and 
two other children into Liberia. The truck driver reportedly hired the 
children in Kankan to assist him in transporting his shipment to a 
neighboring town, but instead took them to the border. The truck driver 
and the other two children were not found.
    In March the Government apprehended a man in Koundara on suspicion 
of trafficking 11 children, aged four to 12, over the border into 
Senegal. According to the local NGO ASED, the Government later 
dismissed the case because the man had obtained parental permission to 
take the children into Senegal for religious study.
    On January 21, the Government released and dropped charges against 
the five women arrested in 2007 for attempting to traffic 10 children 
over the border into Sierra Leone. The Government of Sierra Leone 
maintained that the children were related to the women, and that there 
was no evidence of trafficking. The Government turned the children and 
the women over to the Sierra Leonian Embassy, which transported them to 
Sierra Leone for reintegration with their families.
    The perpetrator of the July 2006 kidnapping of a seven-year-old 
girl in Macenta Region was awaiting trial at year's end.
    The Government continued a public outreach program to combat 
trafficking during the year, including an antitrafficking radio 
campaign. In mid-January the Government's Permanent Regional Monitoring 
System issued a report detailing government and NGO anti-trafficking 
activities. The National Committee to Combat Trafficking in Persons 
failed to release its tri-annual report on the implementation of the 
National Action Plan, but did meet during the year to discuss the 
implementation of its 2005 agreement with Mali, which is a joint plan 
to combat trafficking in the two countries.

    Persons With Disabilities.--The law does not prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services. There were no official reports of societal or governmental 
discrimination against person with disabilities. The Government had not 
mandated accessibility for persons with disabilities, and buildings and 
vehicles remained inaccessible. Few persons with disabilities worked in 
the formal sector; some worked in the informal sector in small family-
run businesses, and many lived by begging on the streets. In practice, 
the Ministry of Social Affairs and Child Promotion is responsible for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The country's population was 
ethnically diverse with three main ethnic groups and several smaller 
ethnic groups identifying with specific regions. The three major 
ethnicities form the majority of the population as follows: the Soussou 
in lower Guinea, the Peuhl in middle Guinea, and the Malinke in upper 
Guinea. There were smaller ethnic groups in the Forest Region and 
throughout Guinea. Conakry and other large urban areas such as Kankan 
and the Forest Region were ethnically heterogeneous.
    While the law prohibits 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 and resulted in local 
tensions that have erupted in violence in the past.
    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 was the Peuhls, while the RPG's main base 
was the Malinke.

    Other Societal Abuses and Discrimination.--Discrimination against 
homosexuals is not prohibited by law. There are no discriminatory laws 
based on sexual orientation. Although there were deep social, 
religious, and cultural taboos against homosexuality, there were no 
official or NGO reports of discrimination against homosexuals.
    There were no reports of discrimination towards persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law and constitution provide for 
the right of employees, except for military and paramilitary personnel, 
to form and join independent labor unions, and this right was generally 
respected in practice. Unlike in previous years, there were no reports 
of employees being fired if they joined a union. The labor code 
requires elected worker representatives for any enterprise employing 25 
or more salaried workers. Although labor statistics were inadequate, at 
least 167,000 workers were reportedly unionized.
    The law grants salaried workers, including public sector civilian 
employees, the right to strike 10 days after their representative union 
makes known its intention to strike, and workers exercised this right 
several times over the year. By law, arbitration is by consensus and is 
executed through the Office of the Inspector General of Work within the 
Ministry of Labor (MOL). In practice, however, employers can impose 
binding arbitration. The law prohibits strikes in essential services, 
including hospitals, police, the military, transport, radio and 
television, and communications.
    Labor unions organized several, peaceful strikes during the year. 
However, on September 15, members of a public sector health union 
claimed that the Government threatened to withhold their salaries, fire 
them from their jobs, or transfer them to less desirable positions as a 
form of intimidation before their strike was over.
    In June a group of police officers attempted to strike. The group 
had not formally registered as a labor union, nor did it provide 
advance notification of intent to strike, as required by the labor 
code. The military violently ended the strike within a few hours by 
storming police headquarters, killing 14 police officers, and wounding 
dozens of others. The Government did not investigate any of the 
killings.

    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, and employers established rules and hours of 
work in consultation with union delegates, and this law was generally 
respected in practice.
    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 
there were reports that such practices occurred. Gold and diamond mines 
routinely exploited minors who worked long hours extracting, 
transporting, and cleaning the minerals. Local NGOs reported that 
children lived in extreme conditions without water and electricity. 
Diseases and illnesses were common and there were reports of children 
being denied contact with family members. A 2006 study by the NGO 
AGRAAD reported that 45 percent of the workers at the Dandano gold mine 
were children ranging in age from seven to 16, approximately 30 percent 
of whom were working with an adult relative in the mine.
    The law prohibits the exploitation of vulnerable persons for unpaid 
or underpaid labor. Violations carried a penalty of six months' to five 
years' imprisonment and a fine of approximately 50,000 to 382,500 
Guinea francs (approximately $11 to $83). However, the Government did 
not enforce this provision in practice.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
general labor code has specific provisions that pertain to child labor. 
The National Assembly passed a new Child Code in May that further 
addresses child labor issues. However, child labor was a serious 
problem and government and NGO sources indicated that exploitative 
child labor was common.
    By law the minimum age for employment is 16 years. Apprentices may 
start to work at 14 years of age. Workers and apprentices under the age 
of 18 are not permitted to work at night, for more than 10 consecutive 
hours, or on Sundays. The labor code also stipulates that the minister 
of labor 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.
    A 2007 Human Rights Watch (HRW) report indicated that nearly all 
children engaged in some type of work, many in the worst forms of child 
labor. Many were exploited or enslaved as domestics in the urban 
sector, miners, or plantation workers. HRW reported that tens of 
thousands of girls worked as domestics, many of them for up to 18 hours 
a day with little or no compensation. It added that some allegedly 
suffered beatings, sexual harassment, and rape. Some girls may also be 
forced by family members or employers to prostitute themselves in order 
to earn enough money to survive. Child labor in factories was not 
prevalent because of the low level of manufacturing. Working children 
were mostly in the informal sectors of subsistence farming, small-scale 
commerce, and mining.
    According to both official and NGO sources, many children between 
the ages of five and 16 worked 10 to 15 hours a day in the diamond and 
gold mines for minimal compensation and little food. Child laborers 
extracted, transported, and cleaned the minerals. Children were 
described as living in extreme conditions without access to water or 
electricity, and exposed to constant threat of disease and sickness. 
One source reported that children were prevented from contacting their 
parents.
    Many young Muslim children sent to live with a Koranic master 
(marabout) for instruction in Arabic, Islam, and the Koran worked for 
the teacher as payment. Rural families often sent children to Conakry 
to live with family members while they attended school. 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.
    Although statistics were difficult to find, there were reports that 
children were sold into exploitative labor through child trafficking.
    The former government spoke out against child labor but lacked the 
resources and enforcement mechanisms to combat the problem. The MOL is 
responsible for enforcing child labor laws. The Government did not 
conduct any child labor inspections or investigations, nor did it 
prosecute any court cases. In April the National Assembly passed a 
Child Code which includes provisions related to child labor and the 
president signed the legislation into law in August.

    e. Acceptable Conditions of Work.--The labor code allows the 
Government to set a minimum hourly wage; however, the Government did 
not exercise this provision nor did it promote a standard wage. 
Prevailing wages routinely did not provide a decent standard of living 
for a worker and family. The MOL is responsible for enforcing the 
minimum 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 two workdays per month of work. There also are 
provisions in the law for overtime and night wages, which are fixed 
percentages of the regular wage. In practice, the authorities rarely 
enforced these rules. The Government rarely monitored employers' work 
practices or sanctioned them for failure to follow the law.
    Teachers' wages were extremely low and they sometimes went six 
months or more without payment. Salary arrears were not paid and some 
teachers lived in abject poverty. President Conte signed an agreement 
in June 2006 on teachers' compensation, and some progress had been made 
in implementing the agreement at year's end.
    The labor code contains general provisions regarding occupational 
safety and health, but the Government has not established a set of 
practical workplace health and safety standards. Moreover, it has not 
issued any orders laying out the specific requirements for certain 
occupations and for certain methods of work that are called for in the 
labor code. The MOL is responsible for enforcing labor standards, and 
its inspectors are empowered to suspend work immediately in situations 
hazardous to health. Enforcement efforts were sporadic.
    Working conditions were worse in the private sector, excluding 
banking, insurance, and other similar institutions.
    Under the labor code, all workers, including foreign and migrant 
ones, have the right to refuse to work in unsafe conditions without 
penalty; however, many workers fear retaliation and did not exercise 
this right in practice.

                               __________

                             GUINEA-BISSAU

    Guinea-Bissau is a multiparty republic with a population of 
approximately 1.7 million. In 2005 Joao Bernardo ``Nino'' Vieira 
defeated the candidate of the ruling African Party for the Independence 
of Guinea-Bissau and Cape Verde (PAIGC) to become president. 
Legislative elections on November 16 were characterized by 
international observers as transparent and well organized. Civilian 
authorities did not maintain effective control of the security forces; 
members of the military launched what appeared to be failed coup 
attempts on August 8 and November 23.
    The Government generally respected the human rights of its 
citizens; however, the following problems occurred: arbitrary killings; 
poor prison conditions; arbitrary arrest and detention; lack of 
judicial independence and due process; interference with privacy; 
harassment of journalists; widespread official corruption, exacerbated 
by suspected government involvement in drug trafficking, and impunity; 
violence and discrimination against women; female genital mutilation 
(FGM); child trafficking; restrictions on legal strikes and use of 
force on strikers; and child labor, including some 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.--There were reports 
that the Government or its agents committed arbitrary or unlawful 
killings.
    On April 11, security forces arrested a member of the judicial 
police for allegedly killing a member of the public order police the 
same day. Hours after the arrest, the Interior Ministry's special 
intervention force raided the judicial center where the judicial police 
officer was being held pending criminal charges, took possession of the 
prisoner at gunpoint, and fled the scene. On April 12, the body of the 
judicial police officer, which showed signs of torture, was dumped in 
front of a judicial police station. The motive behind the killings was 
unclear. In an April 14 press conference, Interior Minister Certorio 
Biote characterized both killings as isolated incidents. Some observers 
suggested the first killing was a result of a personal dispute that got 
out of hand, while the second killing reflected the institutional 
rivalry between the interior and judicial ministries and the judicial 
and public order police. An investigatory commission formed after the 
killings resulted in no findings or arrests by year's end.
    On November 23, two presidential guards died during an apparent 
military coup attempt. On December 1, in Dakar, Senegalese police 
arrested Alexandre Tchama Yala, the suspected leader of the coup.
    The investigation into the 2007 execution-style killing of former 
Commodore Lamine Sanha remained open at year's end. No investigation 
was conducted into police use of excessive force or military use of 
lethal force to disperse subsequent demonstrations against suspected 
government involvement in the killing.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
security forces did not always respect this prohibition. The Government 
rarely punished members of the security forces who committed abuses.
    Unexploded ordnance resulted in injuries during the year.

    Prison and Detention Center Conditions.--There are no formal 
prisons, and the Government detained most prisoners in makeshift 
detention facilities on military bases in Bissau and neighboring towns. 
Conditions of confinement were poor. Detention facilities generally 
lacked running water and adequate sanitation. Detainees' diets were 
poor, and medical care was virtually nonexistent. Pretrial detainees 
were held together with convicted prisoners, and juveniles were held 
with adults.
    The Government generally permitted independent monitoring of 
detention conditions by local and international human rights groups. 
During the year representatives from the International Committee of the 
Red Cross (ICRC) and the Office of the Representative of the UN 
Secretary General visited prisoners. Meetings with prisoners occurred 
without third parties present, although the Government required advance 
scheduling and did not permit regular repeated visits.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions; however, security forces sometimes 
arbitrarily arrested immigrants and became involved in settling 
personal disputes, detaining persons upon request without full due 
process.

    Role of the Police and Security Apparatus.--The country is divided 
into 37 police districts, and there were an estimated 3,500 police in 
nine different police forces reporting to seven different ministries. 
The approximately 100 officers of the judicial police, under the 
Ministry of Justice, have primary responsibility for investigating drug 
trafficking, terrorism, and other transnational crime, while the 1,300 
members of the public order police, under the Ministry of Interior, are 
responsible for preventive patrols, crowd control, and conventional 
maintenance of law and order. Other police forces include the state 
information service, the border service, the rapid intervention force, 
the maritime police, and other groups. According to the constitution, 
the armed forces are responsible for external security and can be 
called upon to assist the police in internal emergencies. However, the 
armed forces regularly intervened in narcotics investigations conducted 
by judicial police. For example, following the July 12 grounding at 
Bissau airport of a plane suspected of transporting narcotics, members 
of the armed forces tampered with evidence and interfered with the 
investigation. Members of the military allegedly were responsible for 
two failed coup attempts during the year.
    Police were ineffective, poorly and irregularly paid, and corrupt. 
Impunity was a problem. Police, who until recently had no handcuffs, 
could not afford fuel for the few vehicles they had, and there was a 
severe lack of training. Police in Gabu had one motorcycle for 87 
officers and no formal police training since 1996. Transit police were 
particularly corrupt and demanded bribes from vehicle drivers, whether 
their documents and vehicles were in order or not. Corruption and lack 
of detention facilities and vehicles frequently resulted in prisoners 
simply walking out of custody in the middle of investigations. The 
attorney general was responsible for investigating police abuses; 
however, employees at the Attorney General's Office were also poorly 
paid and susceptible to threats and coercion. An investigative 
commission was exploring at year's end the death of a member of the 
public order police and the apparent reprisal killing of the judicial 
police member; judicial police officers conducted a six-week work 
stoppage to protest the reprisal killing of one of their members.

    Arrest and Detention.--The law requires arrest warrants, although 
warrantless arrests often occurred. The law provides for the right to 
counsel and to counsel at state expense for indigent clients; however, 
lawyers did not receive compensation for their part-time public defense 
work and often ignored state directives to represent indigent clients. 
The law requires that detainees be brought before a magistrate within 
48 hours after arrest and that prisoners be released if no timely 
indictment is filed; however, authorities did not always respect these 
rights in practice. There was a functioning bail system, and pretrial 
detainees were allowed prompt access to family members.
    Criminal suspects, particularly immigrants, were sometimes arrested 
without warrants. For example, following a December 14 killing and a 
December 15 armed robbery in Bissau (both crimes allegedly perpetrated 
by Nigerian nationals), police rounded up and arrested without warrants 
approximately 100 Nigerians.
    The vast majority of the prison population consisted of detainees 
awaiting the conclusion of their trial; however, few detainees remained 
in custody for longer than one year. Most left before the conclusion of 
their trials as a result of inadequate detention facilities, lack of 
security, and rampant corruption. The few prisoners who were convicted 
seldom remained in custody for more than two years. Prisoners remanded 
to their homes due to space constraints in detention facilities often 
failed to return to prison.

    Amnesty.--In April the president granted amnesty to civilians and 
members of the military who committed crimes from 1980 to 2004. The 
move was widely viewed as an attempt to absolve military and other 
officials complicit in coups, attempted coups, and the civil war of 
1998. Proponents of the amnesty asserted that it was a necessary step 
towards national reconciliation.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, in practice, there was little 
independence, and the judicial branch as a whole was largely 
nonfunctional. Judges were poorly trained, inadequately and irregularly 
paid, and subject to corruption. Courts and judicial authorities were 
also frequently accused of bias and passivity, according to an October 
report published by the International Federation for Human Rights. The 
attorney general had little protection from political pressure since 
the president needs no other approval to replace the incumbent. Trials 
were often delayed by lack of materials or infrastructure, and 
convictions were extremely rare.
    The Government arrested members of the judiciary for suspected 
corruption during the year. For example, on August 26, the Supreme 
Judicial Council suspended Judge Gabriel Djedjo on corruption charges. 
On August 19, Djedjo had released on bail four suspects, including two 
South American crew members being held on suspicion of narcotics 
trafficking following the July 12 grounding of a plane from Venezuela. 
The pilot of the plane, which was believed to be transporting 500 
kilograms of cocaine, disappeared following his release from custody. 
In 2006 Djedjo had ordered the release of two Colombian citizens 
arrested the previous month while transporting 674 kilograms of 
cocaine, the largest drug seizure in the country's history. The two 
Colombian citizens immediately fled the country following their 
release.
    Judicial officials who displayed independence or resisted 
corruption were threatened during the year. On May 23, Ansumane Sanha, 
the president of the Association of Guinean Judges, told the press that 
Supreme Court judges had received death threats to influence their 
positions in advance of a Supreme Court hearing on the 
constitutionality of a proposed law to extend the National Assembly's 
mandate. Threats notwithstanding, on August 1, the Supreme Court ruled 
that the law was unconstitutional.
    During the year Minister of Justice Carmelita Pires, Attorney 
General Luis Manuel Cabral, and Judicial Police Director Lucinda 
Aukarie received telephonic death threats in response to their stance 
against drug trafficking and their willingness to arrest and prosecute 
drug dealers and their accomplices.
    The judicial branch is made up of the Supreme Court, regional 
courts, a financial court, and a military court. The Supreme Court is 
the final court of appeal for both military and civilian cases. 
Regional courts have both criminal and civil branches. The financial 
court tries financial crimes, such as embezzlement, and has 
jurisdiction over regional courts. Military courts do not try 
civilians, although civilian courts try all cases involving state 
security, even if the accused are members of the military. The 
president has the authority to grant pardons and reduce sentences.
    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. Police also often resolved disputes.

    Trial Procedures.--There is no trial by jury. The law provides for 
a presumption of innocence, the right to have timely access to an 
attorney, to question witnesses, to have access to evidence held by the 
Government, and to appeal. Trials in civilian courts are open to the 
public. Defendants have the right to be present and to present 
witnesses and evidence on their behalf. For those few defendants whose 
cases went to trial, these rights were respected in practice. Citizens 
who cannot afford an attorney have the right to a court-appointed 
lawyer; however, court-appointed attorneys received no compensation 
from the state for representing indigent clients, were not punished for 
failing to do so, and generally ignored such responsibilities.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The judicial system 
handles civil as well as criminal matters, but it was neither 
independent nor impartial. There was no administrative mechanism to 
address human rights violations. Domestic courts orders often were not 
enforced.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. 
Unlike in the previous year, there were no reports that security forces 
cut the telephone lines of persons who criticized the Government; 
however, police routinely ignored privacy rights and protections 
against unreasonable search and seizure. For example, following two 
violent December crimes in which Nigerian nationals were implicated, 
police searched the homes of hundreds of Nigerians without warrants and 
confiscated all suspected contraband.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government did not 
always respect these rights in practice. Unlike in the previous year, 
there were no reports that security forces detained persons for 
exercising their right to free speech. Some journalists practiced self-
censorship.
    In addition to the Government-owned newspaper No Pintcha, several 
private newspapers published without restriction. All newspapers were 
published through the state-owned printing house. The national printing 
press often lacked raw materials, and salaries were not always paid, 
resulting in publication delays.
    There were several independent radio stations, a national radio 
station, and a national television station. International radio 
broadcasts could be received.
    Unlike in the previous year, there were no reports that journalists 
were arrested; however, some journalists reported anonymous threatening 
telephone calls and being summoned to government premises to explain 
their activities or statements, while others reported prolonged court 
proceedings that impeded their work.
    In July Fafali Koudawo, the director of the private newspaper 
Kansare, was questioned by the Office of the Prosecutor General after 
publishing an article on two former senior army officers who received 
death threats after characterizing the methods used by the Chief of the 
General Staff as ``authoritarian and anticonstitutional.''
    Unlike in the previous year, there were no reports that journalists 
fled into exile after receiving death threats in connection with 
stories linking drug traffickers with local security forces. Radio 
France reporter Allen Yero Embalo remained in exile in France. In 2007 
Embalo fled the country after unknown persons broke into his home and 
stole his camera, video footage of a report on drug trafficking, and 
over 600,000 CFA ($1,200).
    The case against Reuters journalist Alberto Dabo, who in 2007 was 
charged with defamation, abuse of freedom of the press, violating state 
secrets, and slander, remained pending. In July 2007 former Navy chief 
Jose Americo ``Bubo'' Na Tchuto attempted to arrest Dabo for his 
translation of a statement that cited Na Tchuto as the source of 
allegations of military involvement in drug trafficking. In August Na 
Tchuto, the chief plaintiff in the case, fled the country following an 
alleged failed coup attempt.
    Unlike in the previous year, the Government did not order the 
closure of radio stations. In 2007 the interior minister ordered 
Bombolom radio station to close after it broadcast a report on the 
killing of a state official and police use of excessive force to 
disperse subsequent riots. Bombolom, which remained open because the 
police commissioner refused to enforce the interior minister's order, 
continued to operate during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups engaged in the peaceful 
expression of views via the Internet, including by e-mail. Lack of 
infrastructure, equipment, and education severely limited access to the 
Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, in response to the November 23 attack on the president's 
residence, the Government on December 6 banned public demonstrations. 
Despite the ban, which remained in effect at year's end, demonstrations 
continued to occur. Unlike in the previous year, there were no reports 
that police forcibly dispersed demonstrators. Permits were required for 
all assemblies and demonstrations.
    No action was taken against the soldier who in January 2007 
reportedly shot and killed a demonstrator at close range; the 
Government claimed the demonstrator died of asphyxiation.

    Freedom of Association.--The constitution and law provide for the 
right of association, and the Government generally respected this right 
in practice.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    Although religious groups require a government license, there were 
no reports that any applications were refused.

    Societal Abuses and Discrimination.--There was no Jewish community, 
and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, asylum seekers, stateless persons, and other persons of 
concern.
    The law did not specifically prohibit forced exile; however, the 
Government did not use it.

    Internally Displaced Persons (IDPs).--IDPs moved back and forth 
over the border with Senegal, depending on the status of the ongoing 
armed conflict in Senegal's Casamance region. With tribal and family 
ties on both sides of the poorly marked border, the nationality of IDPs 
was not always clear.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government did not grant refugee 
status or asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
November legislative elections that were characterized by international 
observers as transparent, well organized, and well executed.

    Elections and Political Participation.--In the November 16 
legislative elections, the PAIGC gained 22 seats in the National 
Assembly to become the ruling party with 67 of 100 seats. The Party for 
Social Reform (PRS), headed by former president Koumba Yala, won 28 
seats, a loss of seven. The Republican Party for Independence and 
Development, founded in February with tacit support from President 
Vieira, who previously headed the PAIGC, won three seats. Unlike in 
previous elections, no violence occurred, and allegations of vote 
buying were not substantiated, although international observers noted 
technical irregularities, such as inconsistent sealing of ballot boxes 
and a lack of vehicles to transport ballots to regional polling 
centers. In October election workers declared a strike due to the 
Government's failure to pay at least 80 percent of back wages and debts 
owed to workers, vendors, and contractors from the 2005 presidential 
election. Election workers returned to their jobs by the end of the 
month after being promised that salaries would be paid in 2009.
    The November 16 elections were originally scheduled for April 2008 
as a result of the formation of a government of national unity in March 
2007 that included the PAIGC, the PRS, and the United Social Democratic 
Party. However, on March 25, citing inadequate preparation, President 
Vieira rescheduled the elections for November 16. The president added 
that the role of parliament would be filled by the National Assembly's 
standing committee once the legislature's mandate expired on April 21. 
On March 27, the National Assembly responded by passing an exceptional 
transitional constitutional law that extended its mandate until the 
November 16 elections. On July 25, the PAIGC pulled out of the 
coalition government. On August 1, the Supreme Court ruled 
unconstitutional the exceptional transitional constitutional law. The 
ruling, which was welcomed by civil society organizations, prompted 
President Vieira to dissolve the National Assembly on August 5. In a 
decree published on the same day, the president dismissed the 
Government and appointed a new prime minister to set up a caretaker 
government to oversee the legislative elections.
    Members of the military launched what appeared to be failed coup 
attempts on August 8 and November 23. In August authorities reported 
that they had uncovered an attempted coup, allegedly organized by Jose 
Americo Bubo Na Tchuto, the Navy chief of staff. While the motive and 
seriousness of the coup attempt remained in question, observers noted 
that Na Tchuto, long suspected of involvement in narcotrafficking, may 
have acted to preempt incrimination in the July offloading of narcotics 
from a plane from Venezuela held at the airport in Bissau. Na Tchuto 
was suspended and kept under house arrest, but subsequently escaped. On 
August 12, authorities in The Gambia reported that they had arrested 
him. Na Tchuto was later released and reportedly was moving freely and 
openly in Banjul, The Gambia.
    On November 23, two days after the announcement of the official 
election results, low-ranking sailors and soldiers fired on the home of 
President Vieira. While the president was unharmed, one person was 
killed.
    The National Assembly has ten female members. The Supreme Court 
president, three of the 19 government ministers, and one of nine state 
secretaries also were women.
    All ethnic groups were represented in the Government, although the 
minority Balanta ethnic group dominated the army.

    Government Corruption and Transparency.--Official corruption and 
lack of transparency were endemic at all levels of government. Members 
of the military and civilian administration reportedly assisted 
international drug cartels by providing access to the country and its 
transportation facilities. Customs officers frequently accepted bribes 
for not collecting import taxes, which greatly reduced government 
revenues. The World Bank's Worldwide Governance Indicators reflect that 
corruption was a severe problem.
    According to the September Report of the Secretary-General on 
developments in Guinea-Bissau and on the activities of the United 
Nations Peacebuilding Support Office in that country, the country was 
rapidly moving from being a transit hub to a major market place in the 
drug trade. The UN Office on Drugs and Crime reported during the year 
that the country was becoming a strategic link in the transport of 
illegal narcotics from South America to Europe.
    Systemic failure to act throughout the police, military, and 
judiciary resulted in the near absence of prosecutions of drug 
traffickers. The most recent prosecution of a trafficker occurred in 
2006. The defendant, who bought cocaine that had washed ashore, was 
sentenced to eight years' imprisonment, but served only a few months 
because the country had no adequate detention facility. Drug 
traffickers usually had official protection at some level. If judicial 
police were able to overcome this obstruction, they had no resources to 
conduct investigations, no detention facilities to detain suspects, and 
no means of transporting detainees to court. Judges and guards, who 
went months without receiving salaries, were highly susceptible to 
corruption and often released suspected traffickers, who subsequently 
disappeared.
    The failure to interdict suspected narcotics flights contributed to 
the perception of government and military involvement in narcotics 
trafficking. For example, on July 12, a plane from Venezuela landed at 
Bissau airport without the requisite landing or overflight permits or 
the prior knowledge of airport officials. Immediately on landing, it 
was cordoned off by military personnel, and its cargo was unloaded into 
vehicles and taken to an unknown destination. The minister of justice 
announced that she had not been notified of the unauthorized landing of 
the plane until July 17. On July 19, the plane crew and two airport 
control officers were detained, but released on August 19 by order of a 
criminal court judge, despite the issuance of an international warrant 
against the pilot and protests by the minister of justice and the 
prosecutor general. The military, which blocked a joint investigation 
by the UN Office on Drugs and Crime, INTERPOL, and others, made 
contradictory statements about the cargo, ultimately claiming it was 
medicine from Spain.
    No action was taken in the 2006 disappearance of 674 kilograms of 
cocaine from official custody and the release without charge of the 
suspects involved.
    The law provides that ``everyone has the right to information and 
judicial protectio.''; however, such access was seldom provided.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views. Unlike in 
previous years, there were no reports that NGO members had been 
harassed or threatened by authorities. The two major human rights 
organizations were the Human Rights League of Guinea (LGDH) and the 
Observation League.
    Mario Sa Gomes, the president of the NGO Guinean Association of 
Solidarity with the Victims of Judicial Error (AGSVEJ), claimed that he 
had been harassed and threatened by security agents and members of the 
armed forces throughout 2007. Sa Gomes, who was summoned in 2007 at 
least 14 times by judicial bodies including the Office of the 
Prosecutor-General, claimed the harassment resulted from his radio 
interviews urging authorities to combat security force impunity and to 
investigate and prosecute drug traffickers and those responsible for 
politically motivated murders and other suspicious deaths. After a July 
2007 radio interview, in which he called for the dismissal of army 
chief General Batista Tagme Na Wai for involvement in drug trafficking, 
Sa Gomes went into hiding. Intervention by the UN Representative in 
country resulted in the assignment of two bodyguards to Sa Gomes and a 
government pledge not to harm him; however, Sa Gomes reported that he 
continued to face difficulties pursuing his work with AGSVEJ. The 
arrest warrant against Sa Gomes had not been withdrawn by year's end; 
however, General Na Wai, the sole complainant on the warrant, stated 
publicly that he had forgiven Sa Gomes, that he would not press 
charges, and that Sa Gomes was free to return to the country without 
fear of harassment. Sa Gomes remained in self-imposed exile at year's 
end.
    Luis Vas Martins, president of the NGO LGDH, reported receiving 
anonymous threatening phone calls and knocks on his door in 2007, which 
he believed were linked to his actions to promote human rights.
    In September 2007 security forces raided the offices of the 
Confederation of Students' Associations and removed the organization's 
archives, a computer, a printer, and a power supplier. An investigation 
was begun, but there were no results by year's end.
    The Government permitted visits by UN representatives and the ICRC. 
The UN and ICRC published reports, with which the Government generally 
concurred.
    During the year the UN Office on Drugs and Crime issued a report 
criticizing the country for its involvement in organized crime and the 
drug trade (See Section 3, corruption).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination but does not designate the bases 
of discrimination; the Government did not enforce prohibitions against 
discrimination.

    Women.--The law prohibits rape, including spousal rape, but 
government enforcement was limited. No information on the extent of the 
problem was available.
    Domestic violence, including wife beating, was an accepted means of 
settling domestic disputes. There is no law that prohibits domestic 
violence, and politicians were reportedly reluctant to address the 
subject for fear of alienating more traditional voters or particular 
ethnic groups. Although police intervened in domestic disputes if 
requested, the Government did not undertake specific measures to 
counter social pressure against reporting domestic violence, rape, 
incest, and other mistreatment of women.
    The law prohibits prostitution, but enforcement was weak.
    There is no law prohibiting sexual harassment, and it was a 
problem.
    The law treats men and women equally and prohibits discrimination; 
however, discrimination against women was a problem, particularly in 
rural areas where traditional and Islamic laws 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 
manage land or inherit property. Although no data was available, women 
reportedly experienced discrimination in access to credit, employment, 
pay for similar work, and owning a business.

    Children.--The Government allocated limited resources for 
children's welfare and education. Public schooling was free and 
universal through high school, but not compulsory. Teachers were poorly 
trained and paid, sometimes not receiving salaries for months at a 
time, which resulted in closure of the schools for nearly half of the 
school year. Children often were required to help their families in the 
fields, which conflicted with schooling.
    Certain ethnic groups, especially the Fulas and the Mandinkas, 
practiced FGM, not only on adolescent girls, but also on babies as 
young as four months old. The Government has not prohibited the 
practice.
    Child marriage occurred among all ethnic groups, but no reliable 
data existed to quantify the problem. Girls who fled arranged marriages 
often were forced into prostitution to support themselves. The practice 
of buying and selling child brides also reportedly occurred on 
occasion. Local NGOs worked to protect the rights of women and children 
and operated programs to fight child marriage and to protect the 
victims of child marriage. Observers noted during the year that NGO 
efforts to enroll more girls in school had a negative side effect on 
child marriages: more girls were forced to marry at a younger age 
because parents feared the social opportunities of school would 
increase the risk of their daughters losing their virginity before 
marriage.
    The Child Protection Office of the Bissau Police Department 
estimated that approximately 1,000 children were living on the streets 
of Bissau, with a growing number of boys engaged in gangs and petty 
crime. The Government provided no services to street children.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and children were trafficked from and within the country. 
Boys, known as ``talibes,'' were sent from rural areas to attend 
Koranic schools in neighboring countries, primarily Senegal, where they 
were exploited, abused, and forced to beg to meet daily monetary quotas 
for their Koranic teachers known as ``marabouts.'' Other boys were sent 
to work in cotton fields in the south of Senegal. Girls were sometimes 
exploited as prostitutes.
    Surveillance committees established by local police on both sides 
of the country's border with Senegal increased surveillance during the 
year and contributed to the interception by year's end of 168 
trafficked children. With the assistance of the Embassy of Guinea-
Bissau in Dakar, 63 ``talibes'' who were enduring harsh conditions and 
forced begging on the streets of Dakar were repatriated to the country 
during the year.
    Traffickers often were teachers in Koranic schools and related to 
the families of victims. Traffickers typically approached the parents 
of young children and offered to send the children for a religious 
education where they would be taught to read the Koran. Parents 
received no compensation for sending their children and in many cases 
paid for the initial travel. In some cases children sent away were 
unwanted, especially in second marriages, if the new wife did not want 
to raise children from the first marriage.
    Laws against the removal of minors, sexual exploitation, abuse, and 
kidnapping of minors could be used to prosecute traffickers. Kidnapping 
provides for a penalty of between two and 10 years in prison, and rape 
carries a penalty of between one and five years' imprisonment. Despite 
these laws, the Government seldom investigated trafficking cases, and 
there have been no successful prosecutions of traffickers. Instead 
authorities prosecuted parents who colluded with traffickers. Parents 
of returned victims had to sign a contract promising not to send their 
children away under penalty of jail, and the local NGO Association of 
the Friends of Children (AMIC) monitored the agreement through visits 
to returned children. In one case during the year, after AMIC found 
that three returned children were missing during the verification 
process, one father was arrested and spent 72 hours in jail. He was 
released when he agreed to find his child in Dakar and bring him home. 
The other two fathers were not located.
    The Ministry of Interior has responsibility for antitrafficking 
efforts; however, the Government had no national plan to combat 
trafficking or the capability to monitor, interdict, or prosecute 
traffickers. During the year the Government actively assisted in the 
repatriation of dozens of children from Senegal.
    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.
    Government officials, including police and border guards, worked 
closely with AMIC and the UN Children's Fund to prevent trafficking, 
raise awareness, and repatriate victims. The regional court began to 
play an instrumental role during the year in alerting parents that they 
would be held legally accountable if they sent their children to beg in 
a foreign country. AMIC coordinated efforts with the Government, 
police, and civil society to prevent trafficking, help returned victims 
find their families, and hold parents accountable in court if their 
children were retrafficked after participating in the reintegration 
program. AMIC, which also ran a facility for victims, conducted regular 
awareness efforts on radio stations in the Gabu area and during visits 
to villages in source areas. AMIC and local police worked with 
religious and community leaders in Gabu and Bafata. Another program, 
founded by the local imam of Gabu, created evening Koranic studies 
after school as an alternative to the schools in Senegal.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with disabilities, 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 made some efforts to assist military 
veterans with disabilities through pension programs, but these programs 
did not adequately address health, housing, or food needs.

    Other Societal Abuses and Discrimination.--There was no open 
discussion of homosexuality and very little concerning HIV/AIDS, and 
the Government did not address discrimination on either basis. While 
there was no reported violence based on sexual orientation or HIV 
status, subtle discrimination based on sexual orientation or HIV status 
did exist.
Section 6. Worker Rights
    a. The Right of Association.--The law provides all workers with the 
freedom to form and join independent trade unions without previous 
authorization or excessive requirements, and workers exercised this 
right in practice. A significant majority of the population worked in 
subsistence agriculture, and only a small percentage of workers were in 
the wage sector and organized. Approximately 85 percent of union 
members were government or parastatal employees, and they primarily 
belonged to independent unions.
    The law allows unions to conduct their activities without 
government interference and provides for the right to strike, but the 
Government did not always protect these rights. The only legal 
restriction on strike activity was a prior notice requirement. The law 
also prohibits retaliation against strikers.
    On October 7, the National Union of Workers of Guinea (UNTG) 
launched a nationwide civil service strike to protest salary arrears. 
Although the UNTG had provided prior notice and the strike was legal, 
police reportedly operating on orders of the interior minister 
surrounded the UNTG headquarters and prevented members from entering 
for several hours. Police reportedly also forced at gun point private 
bus drivers who joined the strike to return to work.

    b. The Right to Organize and Bargain Collectively.--The law 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. Most wages were established 
in bilateral negotiations between workers and employers.
    The law does not prohibit antiunion discrimination; however, no 
workers alleged antiunion discrimination, and the practice was not 
believed to be widespread.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
reports that such practices occurred. Children were trafficked to work 
as domestic servants, to shine shoes in urban areas, and to sell food 
such as bananas and peanuts on the streets.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are no specific laws that protect 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 labor in mines. The small formal sector generally 
adhered to these minimum age requirements; however, the Ministry of 
Justice and the Ministry of Civil Service and Labor did not enforce 
these requirements in other sectors.
    Most child labor occurred in the informal sector. The incidence of 
children working in street trading in cities increased during the year. 
In rural communities, children did domestic and field work without pay 
to support families or because of a lack of educational opportunities. 
Some children were partially or completely withdrawn from school to 
work in the fields during the annual cashew harvest. The Government had 
not taken action to combat such practices by year's end.
    Children were trafficked to work as domestic servants, shine shoes 
in urban areas, and sell food on the street (See Section 5, 
Trafficking).
    The Institute of Women and Children and the ministries of labor and 
justice are responsible for protecting children from labor 
exploitation; however, there was no effective enforcement.

    e. Acceptable Conditions of Work.--The Council of Ministers 
annually established minimum wage rates for all categories of work, but 
it did not enforce them. The lowest monthly wage was approximately 
19,030 CFA ($38) 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 Government, which relied heavily on support from international 
donors for basic budget support, regularly failed to pay some public 
servants, notably teachers, in a timely manner, often with delays of 
several months. The Government was four months in arrears in salary 
payments by year's end, paying August salaries on December 5. Civil 
servants went on strike on October 7 to protest three months of salary 
arrears.
    The law provides for a maximum 45-hour workweek, but the Government 
did not enforce this provision. The law also provides for overtime pay 
as long as it does not exceed 200 hours per year, and a mandatory 12-
hour rest period between workdays; however, these provisions were not 
enforced.
    With the cooperation of the unions, the ministries of justice and 
labor establish legal health and safety standards for workers, which 
the National Assembly then adopts into law; however, these standards 
were not enforced, and many persons worked under conditions that 
endangered their health and safety. Workers, including foreign workers, 
do not have the right to remove themselves from unsafe working 
conditions without losing their jobs.
    *In June 1998, the U.S. 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.

                               __________

                                 KENYA

    Kenya has a population of approximately 37 million. It is a 
republic with a mixed presidential and parliamentary system. It has a 
strong president who is both chief of state and head of government and 
a prime minister with limited executive powers. There is a unicameral 
National Assembly. In December 2007 the Government held local, 
parliamentary, and presidential elections. Observers judged the 
parliamentary and local elections to be generally free and fair. In the 
presidential election, the incumbent, President Mwai Kibaki, was 
proclaimed the winner by a narrow margin under controversial 
circumstances. Raila Odinga, the main opposition candidate, disputed 
the results and violence erupted in sections of Nairobi and opposition 
strongholds in Nyanza, Rift Valley, and Coast provinces; approximately 
1,500 persons were killed and more than 500,000 displaced between 
December 2007 and February. The violence ended in February when, as the 
result of an international mediation process, the two sides agreed to 
form a coalition government. Under the terms of the agreement, 
incumbent President Kibaki retained his office, and Odinga was 
appointed to a newly created prime ministerial position. The parties 
also agreed to undertake a series of constitutional, electoral, and 
land reforms to address underlying causes of the crisis. The Government 
appointed a commission to study the integrity of the election results; 
it concluded that serious irregularities occurred in voting and 
counting in both opposition and progovernment strongholds and in the 
tallying of results by the Electoral Commission of Kenya (ECK). These 
irregularities seriously undermined the integrity of the election 
results. The ongoing conflict in Mount Elgon resulted in human rights 
abuses. While civilian authorities generally maintained effective 
control of the security forces, there were frequent instances in which 
the security forces, particularly the police, acted independently.
    The following human rights problems were reported: unlawful 
killings, torture, rape, and use of excessive force by police and the 
military; mob violence; police corruption and impunity; harsh and life-
threatening prison conditions; arbitrary arrest and detention; 
arbitrary interference with the home; prolonged pretrial detention; 
executive influence on the judiciary; restrictions on freedom of 
speech, assembly, and of the press; forced return of refugees and 
societal abuse of refugees including killing and rape; official 
corruption; violence and discrimination against women including female 
genital mutilation (FGM); child prostitution and labor; trafficking in 
persons, including recruitment of child soldiers and minor Internally 
Displaced Persons (IDPs); interethnic violence; and lack of enforcement 
of workers' rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed politically 
motivated killings during the year; however, security forces committed 
arbitrary or unlawful killings. The Government took only limited action 
in enforcing the law against security forces suspected of unlawfully 
killing citizens.
    The Government formed the Commission of Inquiry into Postelection 
Violence (CIPEV) as part of the internationally mediated political 
settlement. The CIPEV documented 405 gunshot deaths during the 
postelection violence, and it attributed the vast majority of these to 
police. Law enforcement authorities offered no evidence to contradict 
reports that police officers perpetrated the shooting deaths. The 
Independent Medico Legal Unit (IMLU), a leading and credible human 
rights nongovernmental organization (NGO), reported that 100 
extrajudicial killings occurred during the year. The Kenya National 
Commission on Human Rights (KNCHR) estimated that 349 extrajudicial 
killings occurred during the year, including the killing of over 500 
suspected members of the outlawed Mungiki criminal organization from 
July 2007 through September. IMLU reported that during the year there 
were clear indications of deaths and injuries resulting from police 
misuse of firearms during the year, particularly in response to 
postelection violence.
    In January a police constable fatally shot two unarmed, peaceful 
protesters in Kisumu (see 1.d). In November police officers killed two 
persons who were attempting to steal light bulbs from street lights in 
Nairobi's Runda estate.
    Security forces continued to claim that police must shoot to kill 
to defend themselves when confronted by armed suspects. The policy 
first was enunciated in 2005 and reiterated in 2007 when armed 
criminals killed 43 police officers in the line of duty. In January 
police commanders issued orders for police to use live ammunition to 
quell postelection violence. KNCHR reported that police commanders in 
Nyanza Province issued ``shoot to kill'' orders as part of suppressing 
postelection violence, but police authorities denied this. KNCHR called 
for an investigation to determine whether these killings constituted 
excessive use of force, or whether police in some cases were responding 
appropriately in life-threatening situations. By year's end, with the 
exception of the January 16 Kisumu killings, there was no evidence that 
police authorities investigated allegations of excessive use of force.
    Police killed numerous criminal suspects during the year. In 
February police killed six suspected car thieves in Nairobi. During one 
weekend in July, police shot and killed 21 robbery suspects in and 
around Nairobi. In July police responding to a Nairobi casino robbery 
shot and killed three suspects and two casino workers.
    The Oscar Foundation Free Legal Aid Clinic Kenya (OFFLACK), a local 
human rights NGO, reported that police were linked with the continued 
disappearance and deaths of suspected members of the Mungiki, the 
country's largest criminal organization. On October 16, a police 
officer, who had cooperated with the KNCHR investigation of the 
extrajudicial killings of suspected Mungiki-sect members, was murdered 
in Nairobi. By year's end no suspects had been arrested.
    There were no developments in the investigation of the June 2007 
police raids in Nairobi's Mathare slum, where police admitted to 
killing 18 persons in response to the murder of two police officers. 
There were also no developments in the investigation of the July 2007 
police killings of 27 persons in Mathare.
    During the year there were reports that persons died while in 
police custody or shortly thereafter, some as a result of torture. IMLU 
reported one death while in police custody, but noted that the actual 
number was likely higher. In several other cases, persons died under 
mysterious circumstances after being detained by police. Police also 
often did not enter suspects into police custody records. For example, 
in June KNCHR reported that a man was last seen being arrested in 
Ruaka, Kiambu District by five police officers. He was found with a 
gunshot wound to the head in the city mortuary the following day.
    There were no developments in the following 2007 cases: the July 
deaths of 23 suspected Mungiki members in Murang'a and the August 
shooting death by a policeman of a matatu (public bus) passenger at a 
roadblock.
    During the year police occasionally used excessive force to 
disperse demonstrations, resulting in deaths. The CIPEV found that 
police killed at least 83 persons during postelection violence in 
Kisumu, although NGOs estimated that the number was much higher. On 
January 16, police wounded six persons in Nairobi while dispersing 
demonstrators protesting the election results in the Kibera and Mathare 
slums. On the same day, television stations broadcast footage of a 
police officer in Kisumu fatally shooting two unarmed, peaceful 
protesters. The officer subsequently was arrested and charged in a 
criminal case; the case was pending at year's end.
    In December nine prison wardens were convicted of murder in the 
deaths of seven death row inmates in 2000. The wardens were sentenced 
to death.
    Mob violence and vigilante action resulted in numerous deaths. The 
great majority of victims killed by mobs were suspected of criminal 
activities, including theft, robbery, killings, cattle rustling, and 
membership in terrorist gangs. The Government rarely made arrests or 
prosecuted the perpetrators.
    For example, in February the media reported that mobs in Meru 
burned to death two men who allegedly robbed a matatu driver. In March 
a mob in Imenti South District stoned to death one man and seriously 
injured three others who posed as policemen in order to rob residents. 
In September a mob lynched a village chief in Mikumbune, Imenti South 
District, after he was found in possession of a stolen chicken. Police 
arrested 40 suspects. The investigation was ongoing at year's end.
    There were no reports of official action in the following 2007 
cases of death by mob violence: the February beating death of a church 
leader for allegedly sexually assaulting a 12-year-old boy and the July 
deaths of two policemen who were mistaken for armed criminals.
    Human rights observers attributed vigilante violence to a lack of 
public confidence in police and the criminal justice system; allegedly, 
assailants often bribed their way out of jail or were not arrested. The 
social acceptability of mob violence also provided cover for acts of 
personal vengeance, including settling land disputes.
    Mobs committed violence against persons suspected of witchcraft, 
particularly in Kisii District, and in Nyanza and Western provinces. 
Human rights NGOs noted public reluctance to report such cases due to 
fear of retribution. In May, 15 persons suspected of practicing 
witchcraft were burnt to death in Kisii Central District.

    b. Disappearance.--There were reports of disappearances during the 
year in connection with the conflict in Mount Elgon (See Section 1.g.). 
In addition, OFFLACK and KNCHR alleged that the Government was 
responsible for disappearances that occurred during its crackdown on 
the Mungiki criminal organization.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
police frequently used violence and torture during interrogations and 
as punishment of pretrial detainees and convicted prisoners. According 
to IMLU's 2005-06 annual report, common methods of torture included 
whipping, burning with cigarettes, and beating with gun butts and 
wooden clubs.
    In November KNCHR accused police of torturing male residents of El 
Wak, Northeastern Province, in an operation to interdict illegal arms 
fueling interclan warfare. In addition, police allegedly beat and 
whipped residents with electrical cables and other weapons.
    Human rights organizations, churches, and the press condemned 
numerous cases of torture and indiscriminate police beatings. During 
the year IMLU received 772 cases alleging torture by security officers, 
compared to 397 in 2005, although it noted that the number of torture 
cases was likely higher.
    There were reports of torture by security forces during the year in 
connection with conflict in Mount Elgon. Human Rights Watch (HRW) 
recommended a government-led investigation of security forces for 
possible war crimes committed during the operation and IMLU accused the 
Government of perpetrating crimes against humanity in the conflict. The 
Government denied the use of torture (See Section 1.g.).
    Due to a lack of civilian state prosecutors in the legal system (63 
civilian prosecutors nationwide compared to 300 police prosecutors); 
police were responsible for investigating and prosecuting most crimes. 
However, police routinely ignored evidence of torture by security 
forces provided by IMLU and other human rights organizations.
    In most cases allegations of torture were not fully investigated 
and the perpetrators were not charged. However, the civil justice 
system in some cases recognized torture and ordered the Government to 
pay damages. For example, in May, the Nairobi High Court awarded seven 
plaintiffs approximately 1.5 million shillings ($20,000) each in 
damages for torture they suffered in the 1980s and 1990s under the 
regime of former President Daniel Arap Moi.
    Police frequently used excessive force to disperse demonstrators, 
which resulted in injuries, especially during the postelection period 
(See Section 2.b.).
    Police sometimes abused street children. In 2006 a KNCHR report 
noted that street children formed ``cooperatives'' in which each member 
contributed regularly to a fund to bribe police in hopes of being 
spared abuse.
    There were allegations of rape by security forces, including the 
rape of women in prisons, as well as in IDP and refugee camps. The 
Center for Rights Education Awareness alleged that policemen raped 
women in the Kibera slum in Nairobi and those seeking refuge in police 
stations. For example, a woman told CIPEV that police raped her and her 
15-year-old daughter during the postelection violence in Nairobi's 
Kibera slum. CIPEV condemned the police for its response to gender-
based violence (GBV). As a result, in October the police commissioner 
established a task force to investigate GBV; however, it appeared that 
the task force was not empowered to investigate allegations of GBV 
perpetrated by police or other security forces.
    There were numerous instances of mob violence and vigilante action 
leading to serious injury. After the announcement of the presidential 
voting results in December 2007, mob violence, including targeted 
looting and arson, struck Kisumu, Eldoret, Nairobi, Mombasa, and other 
cities.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions continued to be harsh and life threatening. Most 
prisons, particularly men's prisons, continued to be severely 
overcrowded in part due to a backlog of cases in the judicial system. 
In May the director of health services for prison services stated that 
the country's 90 prisons held 48,000 prisoners while they were designed 
to hold only 12,000 persons. According to an OFFLACK study released in 
2007, Meru Prison held three times more inmates than its intended 
capacity and had only nine toilets for 1,405 prisoners, forcing many to 
use as toilets the same buckets they also used for bathing. In Kamiti 
Maximum Security Prison, approximately 700 inmates shared a cell block 
designed for 300. During the April security operation in Mount Elgon, 
IMLU noted that Bungoma Prison held over 900 prisoners in a facility 
with a 480-person capacity.
    In 2007 the Parliamentary Committee on Health visited Embu Prison 
and expressed concern about health conditions in prisons.
    Prisoners generally received three meals per day, but portions were 
inadequate, and they were sometimes given half rations as punishment. 
Water shortages continued to be a problem.
    Civil society organizations began visiting prisons in 2003, and 
these visits continued to reveal harsh conditions as well as 
allegations by prisoners of inhumane treatment, including torture. Such 
treatment, perpetrated by police, prison guards, and inmates, at times 
resulted in death. For example, in November wardens in Kamiti Prison 
scalded prisoners with hot water and beat them during an operation to 
interdict contraband items. One person died and 20 were hospitalized. 
Three wardens were suspended. At year's end a police investigation of 
the incident was ongoing.
    In February 2007 the Legal Resource Foundation released a report 
which stated that torture in prisons was commonplace and inflicted 
openly. Of 948 prisoners from 29 prisons interviewed, 83 percent 
claimed they were beaten and 59 percent witnessed wardens mistreating 
other prisoners. Police did not appear to target any particular ethnic, 
religious, or social group for torture. Authorities did not take action 
against those accused of torture.
    Prison personnel stated that the rape of male and female inmates, 
primarily by fellow inmates, continued. Media reports indicated that it 
was also common for prison officials to rape female inmates.
    Hundreds of prisoners died annually from infectious diseases spread 
by overcrowding, unhygienic conditions, and inadequate medical 
treatment. In July a Ministry of Home Affairs report on prison 
conditions concluded that 46 inmates died monthly because of 
congestion, unhygienic conditions, and poor health care.
    Prisoners were sometimes kept in solitary confinement far longer 
than the legal maximum of 90 days. Prisoners and detainees sometimes 
were denied the right to contact relatives or lawyers. Family members 
who wanted to visit prisoners faced numerous bureaucratic and physical 
obstacles, each often requiring a bribe to overcome. In 2006 then-Vice 
President Moody Awori, who was responsible for the prison system in his 
capacity as minister for home affairs, acknowledged that bribery 
occurred throughout the country's jails and prisons.
    There were no separate facilities for minors in pretrial detention. 
Civil society activists witnessed young children, women, and men 
sharing the same cells. For example, IMLU reported in April that 
underage boys were detained in Bungoma Prison. Additionally, a July 
government report on prison conditions noted that underage female 
offenders, who were ineligible for diversion to a lesser security 
training school, were housed with adult women prisoners.
    Some children under the age of four lived with their mothers in the 
14 prisons for women. Official data were unavailable, but the Law 
Society of Kenya issued a report in December stating that 281 children 
lived with their mothers in Kenyan prisons.
    The Government permitted visits to prisons by local human rights 
groups during the year. In 2006 a judiciary subcommittee report 
recommended that judges and magistrates visit prisons regularly to 
ensure that children were not confined with adult inmates. However, 
there were no reports that they ever conducted any prison visits. In 
December KNCHR visited Kamiti Prison to investigate allegations of 
torture following a television broadcast of footage showing wardens 
pouring hot water on naked prisoners during a prison action to 
confiscate contraband items. KNCHR called for a police investigation, 
which was ongoing at year's end.

    d. Arbitrary Arrest or Detention.--The law prohibits arrest or 
detention without a court order unless there are reasonable grounds for 
believing a suspect has committed or is about to commit a criminal 
offense; however, police frequently arrested and detained citizens 
arbitrarily.

    Role of the Police and Security Apparatus.--There was a large 
internal security apparatus that included the Kenyan National Police 
Service (KNPS) and its Criminal Investigation Department, responsible 
for criminal investigations, and Antiterrorism Prevention Unit; Kenya 
Administration Police (KAP), responsible for border security; the 
paramilitary General Services Unit (GSU), responsible for countering 
uprisings and guarding high-security facilities; and the National 
Security Intelligence Service (NSIS), which collects intelligence. The 
KNPS, KAP, and GSU are under the authority of the Ministry of State for 
Provincial Administration and Internal Security. The NSIS is under the 
direct authority of the president. There was a public perception that 
police often were complicit in criminal activity.
    OFFLACK noted that bribery in police recruitment was a problem. The 
police often recruited unqualified candidates who had political 
connections or who paid bribes, which contributed to poorly conducted 
investigations.
    The Government's failure to implement the 2007 witness protection 
law and to abolish the requirement that witnesses directly confront 
suspects in police line-ups severely inhibited the investigation and 
prosecution of major crimes.
    Police, colluding with prosecutors, resorted to illegal 
confinement, extortion, torture, and fabricated charges as a cover-up 
for malpractice.
    Impunity was a major problem. Police officers were rarely arrested 
and prosecuted for criminal activities, corruption, or for using 
excessive force. Authorities sometimes attributed the absence of an 
investigation into corruption or 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 regarding a process that assigned the investigation 
of police abuse to the police themselves.
    The Government took some steps to curb police abuse during the 
year. In September the Ministry of Provincial Administration and 
Internal Security established a police oversight board to hear public 
complaints and recommend disciplinary actions. By year's end, the board 
had met but did not hear any public complaints or issue any decisions. 
Some legal rights groups questioned whether the minister had the legal 
authority to establish the board. In 2006 the police commissioner 
established a special police squad that included undercover detectives 
whose mandate was to combat corruption involving police during traffic 
stops. The Government arrested and charged some officers with various 
offenses, including corruption and murder.
    In January prosecutors charged a police officer with two counts of 
murder in the shooting deaths of two unarmed, peaceful demonstrators in 
Kisumu. The trial began in May and was ongoing at year's end. Also in 
January, police arrested a fellow officer, who prosecutors charged with 
murder in the shooting death of a member of parliament in Kericho. At 
year's end the trial was ongoing.
    There were numerous instances in which police failed to respond to 
societal violence. A KNCHR report on the postelection violence reported 
examples where security forces in multiple locations failed to protect 
endangered communities from violence. For example, in January police in 
the Langas section of Eldoret failed to respond to destruction of 
property. Residents also reported that police in Kuresoi failed to 
respond to threats against the Kikuyu community. In late January NGOs 
alleged that police in Naivasha and Nakuru failed to respond to violent 
attacks on non-Kikuyu communities.

    Arrest and Detention.--Under the criminal procedure code, police 
have broad powers of arrest. Police may make arrests without a warrant 
if they suspect a crime has occurred, is happening, or is imminent. 
Detainees in noncapital cases must be brought before a judge within 24 
hours. Detainees in capital cases must be brought before a judge within 
14 days; however, the law was not respected in practice.
    The right to prompt judicial determination of the legality of 
detention frequently was not respected in practice. The law provides 
pretrial detainees the right of access to family members and attorneys. 
When detainees could afford counsel, police generally permitted access; 
however, there were cases in which police refused access to lawyers. 
Family members of detainees frequently complained that access was only 
permitted on payment of bribes. There is a functioning bail system; 
however, individuals charged with offenses that were deemed serious or 
that involve major violence are not eligible for bail pending trial.
    Police often arrested citizens to extort bribes. Since few could 
afford even a modest bribe, many languished in jail unless family or 
friends raised the bribe money demanded by police (See Section 2.c.).
    Muslim leaders claimed that police indiscriminately arrested 
Muslims on suspicion of terrorism, but the police denied this.
    There were reports during the year that police arbitrarily arrested 
persons demonstrating against parliament.
    Lengthy pretrial detention continued to be a serious problem that 
contributed to overcrowding in prisons. Police from the arresting 
location are responsible for serving court summonses and picking up 
detainees from the prison each time a court schedules a hearing on a 
case. A shortage of manpower and resources meant that police often 
failed to appear or lacked the means to transport detainees, who then 
were forced to await the next hearing of their cases. According to the 
chief justice, as of August 2007 there was a judicial backlog of nearly 
one million criminal cases, resulting in persons being detained for 
years before seeing a judge. The Government claimed the average time 
spent in pretrial detention on capital charges was 16 months; however, 
many detainees spent more than three years in prison before their 
trials were completed.
    During and following the 2006 fighting inside Somalia, authorities 
in Kenya arrested suspected terrorists after they fled Somalia for 
Kenya. According to media reports and human rights NGOs, some of those 
detained were released, while others were transferred without judicial 
process to Ethiopia. In 2007 Ethiopian authorities acknowledged that 41 
suspected international terrorists were being held and investigated, 
though most were released by year's end. During the year Ethiopia 
reportedly released most detainees. In December eight Kenyan citizens, 
who had been detained and released, sued the Kenyan government for 
human rights violations related to their detention and extradition.

    Amnesty.--The president releases petty offenders periodically with 
the largest amnesty occurring on December 12, Independence Day; 
however, the release is not automatic. According to the Kenya Prison 
Service, the president amnestied 4,960 prisoners on Independence Day 
while the total number amnestied during the year was 11,523.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the executive branch sometimes 
influenced the judiciary. In 2006 the African Peer Review Mechanism, an 
African Union (AU) initiative which evaluates AU member states for 
conformance with commonly agreed political and economic standards, 
reported a ``visible lack of independence of the judiciary.'' In 
January after the controversial announcement of the presidential 
results, the opposition leader refused to file a court challenge to the 
announcement because he did not expect a fair hearing.
    The president has extensive powers over appointments, including of 
the attorney general, chief justice, and appellate and high court 
judges. The president can dismiss judges and the attorney general upon 
recommendation of a special tribunal appointed by him. Although judges 
have life tenure, except for a few foreign judges hired under contract, 
the president has authority over judicial transfers.
    The court system consists of the Supreme Court, Court of Appeals, 
High Court, and two levels of magistrate courts, where most criminal 
and civil cases originate. The Supreme Court is the highest court; the 
chief justice is a member of both the Court of Appeals and the High 
Court. All judges on the Court of Appeals and the High Court are 
appointed by the president upon recommendation of the Judicial Service 
Commission; magistrates are hired by the commission. Criminal trials 
are conducted by magistrate courts, while the High Court and Court of 
Appeals hear appeals. Civil cases may be heard by any of the courts, 
depending on the nature of the case.
    The constitution provides for Shari'a (Islamic) courts and states 
that the ``jurisdiction of a Kadhi's court shall extend to . . . 
questions of Muslim law relating to personal status, marriage, divorce, 
or inheritance in proceedings in which all the parties profess the 
Muslim religion.'' There are no other traditional courts. The national 
courts used the traditional law of an ethnic group as a guide in civil 
matters as long as it did not conflict with statutory law. Use of 
traditional law occurred most often in cases of marriage, death, and 
inheritance in which there was an original contract based on 
traditional law. Citizens may choose between national and traditional 
law when they enter into marriage or other contracts; however, the 
courts determine which kind of law governs the enforcement of the 
contract. Some women's organizations sought to eliminate traditional 
law because, in practice, it was interpreted and applied in favor of 
men.
    Military personnel are tried by court-martial, and verdicts may be 
appealed through military court channels. The chief justice appoints 
attorneys for military personnel on a case-by-case basis. Military 
courts do not afford defendants all the rights that civilian courts 
provide. Military courts are not empowered to try civilians.
    In May 2007 the judiciary appointed a governance and ethics 
committee to assess judicial corruption and misappropriation of court 
fees. However, there were no reports of committee actions by year's 
end.
    In 2006 the Ministry of Justice announced it would establish a 
public complaints unit, noting that corruption had contributed to the 
judiciary's inability to protect human rights adequately. During the 
year the unit held weekly sessions at which the public could file 
complaints with the ministry's director of human rights affairs. No 
data on the number of complaints registered and actions taken were 
publicly available.
    The Government occasionally used the legal system to harass 
critics. In October local authorities in Mombasa charged the director 
of the seafarers' welfare organization for issuing false statements 
after he claimed that military cargo on a hijacked ship was bound for 
South Sudan, not Kenya as the Government claimed. In November a former 
member of parliament was charged in Nairobi with incitement for 
statements he gave to the press accusing police and military of human 
rights abuses in El Wak (See Section 1.c.). These trials were ongoing 
at year's end. Local authorities filed criminal charges against two 
persons who helped document allegations of human rights abuses against 
security forces in the Mount Elgon region (See Sections 1.g., and 
section 4). Some civil society organizations reported that the 
Government also used the anticorruption commission to harass critics.

    Trial Procedures.--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 
trials, confront witnesses, and present witnesses and evidence in their 
defense. A defendant's right to consult with an attorney in a timely 
manner was generally respected. However, the vast majority of 
defendants could not afford representation and were tried without legal 
counsel. Indigent defendants do not have the right to government-
provided legal counsel except in capital cases. The lack of a formal 
legal aid system seriously hampered the ability of many poor defendants 
to mount an adequate defense. Legal aid was available only in major 
cities where some human rights organizations, notably the Federation of 
Women Lawyers, provided it.
    Discovery laws are not defined clearly, further handicapping 
defense lawyers. Often defense lawyers did not have access to 
government-held evidence before a trial. The Government sometimes 
invoked the State Security Secrets Law as a basis for withholding 
evidence. Defendants can appeal a verdict to the High Court and 
ultimately to the Court of Appeals. The legal system does not provide 
for trial by jury; judges try all cases.
    In treason and murder cases the deputy registrar of the High Court 
can appoint three assessors to sit with a high court judge to offer 
interpretation or guidance on local customs and culture. Although 
assessors render verdicts, their judgments are not binding. Defendants' 
lawyers can object to the appointment of individual assessors. A 
shortage of appropriate assessors frequently led to long delays in 
hearing cases.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees during the year.

    Civil Judicial Procedures and Remedies.--The KNCHR has the power of 
a court. It can issue summonses or order the release of a prisoner or 
detainee, payment of compensation, or other lawful remedy.
    The civil court system can be used to seek damages for victims of 
human rights violations. However, corruption, political influence over 
the civil court system, and chronic backlogs of cases limited access by 
victims to this remedy.
    Widespread corruption existed at all levels of the civil legal 
system. Bribes, extortion, and political considerations influenced the 
outcomes in large numbers of civil cases.
    Court fees for filing and hearing cases-a daily rate of at least 
2,040 shillings ($28) for arguing a civil case before a judge-
effectively barred many citizens from gaining access to the courts.

    Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, except 
``to promote public benefi.''; however, authorities sometimes infringed 
on citizens' privacy rights. The law permits police to enter a home 
without a search warrant if the time required to obtain a warrant would 
prejudice an investigation. Although security officers generally 
obtained search warrants, they occasionally conducted searches without 
warrants to apprehend suspected criminals or to seize property believed 
stolen.
    There were reports that security officers raided homes in the Mount 
Elgon District, destroying property and setting houses on fire, in 
their search for militia members. Police also raided homes in the 
Nairobi slums in search of suspected Mungiki members (See Section 
1.g.).
    In July the Government announced its intention to evict 2,000 
squatter families living in the protected water catchment area of the 
Mau Forest. In November the Government announced that evictions would 
be delayed until 2009. In 2006 the Government evicted from the Mau 
Forest approximately 600 squatters who had returned after the 
Government evicted approximately 10,200 of them in 2005 for living 
illegally on protected lands.

    Use of Excessive Force and Other Abuses in Internal Conflicts.--In 
2006 land tensions between the Soy and Ndorobo clans intensified in 
Mount Elgon District after the Government announced plans to implement 
phase three of the Chebyuk settlement scheme, initiated in 1971, which 
was intended to resettle the Ndorobo subclan from the protected upper 
reaches of Mount Elgon National Park. However, the settlement scheme 
disadvantaged the Soy clan which had traditionally used the land on 
which the Ndorobo were resettled. In response, the Soy formed the 
Sabaot Land Defense Force (SLDF), a militia that initially terrorized 
and forcibly displaced Ndorobo residents, but also attacked Soy who did 
not support the SLDF. In response the Government in 2007 deployed 
police from the antiriot GSU. Police officers reportedly 
indiscriminately raided and burned down homes, and beat, shot at, 
tortured, and raped community members.
    In March the Government began a joint military-police operation 
aimed at defeating the SLDF. During the initial phase of the operation, 
the Government attempted to remove the SLDF from its hiding places in 
the remote reaches of Mount Elgon. Security forces also swept villages 
to identify and capture SLDF members and sympathizers.
    According to HRW and other human rights NGOs, security forces 
detained all males in the targeted area of Mount Elgon and screened 
them for possible SDLF membership, using informants to identify 
members. HRW, IMLU, and Western Kenya Human Rights Watch (independent 
of the London-based Human Rights Watch) accused the Government of 
excessive use of force during detention and screening of suspects, 
which included torture and disappearances.
    IMLU provided medical treatment to 285 persons who alleged that 
they had been tortured by security forces. HRW also reported that more 
than 40 persons, last seen in military custody, disappeared. In July 
the Government issued a report in which it claimed that all allegations 
of abuse and disappearance by security forces were baseless. The 
Government claimed that any abuse of detainees happened at the hands of 
local residents or was committed by the SLDF prior to security forces 
taking custody of suspects.
    The Government operation against the SLDF resulted in the arrest of 
more than 1,000 suspected members of the organization. Local NGOs 
reported that the Government did not make available proper medical care 
to those jailed, although authorities did permit IMLU to examine 
prisoners and provide some medical care. Local NGOs reported that 
authorities at the Bungoma Prison refused to admit a prisoner due to 
insufficient medical facilities to treat his injuries. NGOs also 
reported that security forces held underage children in prisons with 
adults but also noted that Bungoma Prison authorities established a 
makeshift school for underage prisoners. During the April security 
operation in Mount Elgon, IMLU noted that Bungoma Prison held over 900 
prisoners in a facility with a 480 person capacity (See Section 1.c.).
    The Government restricted access to humanitarian groups at times. 
For example, from late June until mid-August, the Government prevented 
Medicins Sans Frontieres-Belgium (MSF-B) from delivering medical 
services and humanitarian supplies in the Mount Elgon region. MSF-B 
alleged that this was in response to their May report which showed a 
sharp increase in the number of persons they treated at the onset of 
the March operation who had suffered trauma injuries consistent with 
torture.
    The Government also used the legal system to harass critics of its 
security operation. In July local authorities arrested a doctor who 
documented alleged human rights abuses by security forces. Authorities 
charged him in Bungoma with providing false information to a public 
official of the KNCHR. They also charged him with two counts of 
illegally running an unlicensed private hospital, which the court later 
dismissed. Also in July authorities charged the director of the 
Mwathiko Torture Survivors Organization (MTSO) with disorderly conduct. 
It also deregistered MTSO as a community-based organization. Both cases 
were ongoing at year's end.
    The March and April escalation of the conflict caused a new round 
of displacement. NGOs active in the area reported that the March 
security operation displaced approximately 45,000 persons. In September 
the Government reported that approximately 4,263 persons remained 
displaced in Mount Elgon; however, NGOs estimated a much higher figure.
    Local NGOs reported that during the year the SLDF engaged in 
torture, killings, and rape as a tactic in the conflict, and maimed 
persons who did not support the militia. Western Kenya Human Rights 
Watch documented 615 SLDF killings since 2006. A local NGO also 
reported that the SLDF forcibly recruited at least 650 children.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, but the Government sometimes 
restricted these rights. During the year security forces harassed, 
beat, and arrested members of the media. Journalists practiced self-
censorship. In December parliament passed amendments to the 
Communications Act which permits intrusive government regulation of the 
media and allows the information minister to assert undue political 
influence on the media licensing body, the Communications Commission of 
Kenya. On December 30, President Kibaki signed the bill into law.
    The Government occasionally interpreted laws in such a way as to 
restrict freedom of expression. The prohibition on discussion of issues 
under court consideration and a parliamentary ruling against debate on 
certain aspects of presidential conduct limited deliberation on a 
number of political issues. The Government monitored many types of 
civil society meetings, and individuals were not always allowed to 
criticize the Government publicly without reprisal.
    Generally the media remained independent despite attempts at 
intimidation by officials and security forces. In October 2007 
parliament passed a Media Act which created the 13-member Media Council 
of Kenya (MCK) to monitor and regulate the media, with authority to 
grant and withdraw the accreditation of journalists. In January the 
Government announced the formation of a taskforce to investigate the 
media's behavior during the postelection violence and also threatened 
to withdraw funding from the MCK.
    The mainstream print media included four daily newspapers that 
reported on national politics and regularly criticized the Government. 
There also were numerous independent tabloid periodicals that appeared 
irregularly and were highly critical of the Government.
    Of the several television stations operating in Nairobi, the 
Government-owned Kenya Broadcasting Corporation (KBC) was the only 
station with a national network of broadcast and cable television, AM 
and FM radio, and short-wave transmission. Although KBC coverage was 
generally viewed as balanced, its monopoly on national broadcasting 
limited the ability of critics of government to communicate with the 
electorate. The disadvantage to government critics posed by the KBC 
monopoly on national broadcasting was particularly pronounced in the 
run-up to the December 2007 general elections. Stations owned by other 
media companies, including 12 radio stations, operated primarily along 
the country's central corridor and more densely populated adjacent 
regions.
    The international media operated freely; 120 international 
correspondents worked in the country, and approximately 100 media 
organizations reported from Nairobi. There were four international FM 
broadcasters in Nairobi: Radio France International, Voice of America, 
the British Broadcasting Corporation, and China Radio International.
    During the year officials repeatedly accused local media of being 
irresponsible and disseminating misinformation. Journalists continued 
to be susceptible to harassment, intimidation, and arrest. In December 
several journalists were arrested in front of parliament for illegal 
assembly while protesting the passage of amendments to the Kenya 
Communications Act.
    The regulatory framework for broadcast media continued to allow 
abuse and manipulation in the issuance, withholding, and revoking of 
broadcast permits and frequencies.
    Journalists occasionally practiced self-censorship due to pressure 
and bribes from officials and other influential persons wishing to 
prevent reporting on issues that could harm their interests or expose 
their wrongdoings. There also were credible reports that journalists 
accepted payments to report certain stories, some fabricated.
    Unlike in 2007, there were no reports that individuals associated 
with officials used criminal libel laws to intimidate journalists and 
publications. However, there were reports that defamation cases were 
used to intimidate journalists and media outlets. In August the Law 
Society of Kenya reported that judges often awarded exorbitant damages 
against media outlets in defamation cases.
    Sedition was not grounds for censorship of publications; however, 
the Prohibited Publications Review Board reviewed publication bans. A 
number of publications remained banned, including the Quotations of 
Chairman Mao Zedong and Salman Rushdie's Satanic Verses.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. However, the Government monitored Internet content 
during the postelection violence. Individuals and groups could engage 
in the peaceful expression of views via the Internet, including by e-
mail. Internet service was limited in rural areas due to lack of 
infrastructure.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
but reports that the Government restricted this right increased.
    Organizers must notify local police in advance of public meetings. 
According to the law, authorities may prohibit such gatherings only if 
there are simultaneous meetings previously scheduled for the same venue 
or if there is a perceived, specific security threat.
    In December 2007 the Government banned rallies by opposition 
parties to protest the results of the presidential election. Civil 
society groups noted that when they tried to comply with the licensing 
policy, police often refused to issue permits in a timely manner.
    There was an increase in incidents of police forcibly dispersing 
demonstrators, particularly during the postelection crisis.
    For example, in January police used teargas canisters, batons, and 
live ammunition to disperse forcibly opposition supporters in Nairobi's 
Kibera slum. In May civil society activists gathered in front of 
parliament to protest food price increases. Police claimed they did not 
have a permit and forcibly dispersed the group, arresting six 
activists. In June human rights activists gathered to commemorate 
International Day in Support of Torture Victims at a site used to 
detain and torture opponents of the previous regime. The activists 
obtained permission to enter the building to hold a commemoration for 
torture victims, but police used tear gas to disperse the group as they 
waited to enter. Police claimed the group did not have a permit to 
assemble in front of the building while awaiting entry. The group 
eventually held the event as planned.
    There were no reported actions taken against police who used live 
ammunition to disperse demonstrators in December 2007.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right. The Societies Act requires that every association be registered 
or exempted from registration by the registrar of societies. In all, 
138 political parties contested the December 2007 general elections, 
and parties reported little or no difficulty registering. However, 
civil society groups reported that the Government's banning of public 
demonstrations during the postelection crisis restricted the right of 
association in practice. For example, in the aftermath of the 2007 
presidential election results, supporters of the Orange Democratic 
Movement party were prevented from gathering at Uhuru Park in Nairobi 
to demonstrate against the results.
    The 2002 ban on membership in the Mungiki criminal organization 
remained in effect. In previous years the Mungiki espoused political 
views and cultural practices that were controversial in mainstream 
society; the Government declared the group a criminal organization 
because it ran protection rackets, particularly in the public 
transportation sector, and harassed and intimidated residents. The 
Mungiki had a significant following among the poor and unemployed. 
Other prohibited criminal organizations with political or cultural 
trappings included the Kamjesh, Chinkororo, Baghdad Boys, Jeshi la 
Embakasi, Jeshi la Mzee, Amachuma, and a local group called ``the 
Taliban.''

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right. There was 
considerable tolerance among religious groups; however, some Muslims 
believed they were treated like second-class citizens in the 
predominantly Christian country.
    The Government requires new religious organizations to register 
with the registrar of societies. The Government allowed 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.
    According to Muslim leaders, authorities rigorously scrutinized the 
identification cards of persons with Muslim surnames, particularly 
ethnic Somalis, and sometimes required additional documentation of 
citizenship, such as birth certificates of parents and even 
grandparents. The Government stated that the heightened scrutiny was an 
attempt to deter illegal immigration rather than to discriminate 
against ethnic Somalis or their religion. However, there were reports 
that the Government arbitrarily arrested Muslim men as terrorist 
suspects. For example, in December police in Lamu arrested an imam on 
suspicions of aiding paramilitary training of youths. The case was 
pending at year's end.
    Witchcraft was illegal but still practiced, and mobs sometimes 
killed alleged witches.
    During the year tensions between Muslim and Christian groups 
occasionally resulted in violence. For example, in late September a 
group of Muslim youth in Garissa attacked Christian worshippers in a 
church which was located on a plot of land that the Muslim community 
claimed was intended for construction of a mosque.
    The media reported in December that police prevented hundreds of 
practitioners of an indigenous religion from traveling to Mount Kenya 
to pray.

    Societal Abuses and Discrimination.--The Jewish community was very 
small and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights.
    Police routinely stopped vehicles throughout the country and often 
engaged in solicitation of bribes at such checkpoints. Ethnic Somalis 
were required to provide additional identification. HRW stated that the 
Government illegally detained and deported ethnic Somalis and 
Ethiopians on the assumption they were potential terrorists; the NGO 
believed that some of these deportees were Kenyan citizens and legal 
residents.
    In 2007 the Government began the issuance of identification 
documents to urban refugee populations. The Government also registered 
refugees in Dadaab camps, located in the northeastern part of the 
country; however, these refugees had not received their identity 
documents by year's end.
    Refugee freedom of movement was severely restricted and the 
Government intermittently imposed bans on travel outside of refugee 
camps.
    Civil servants and members of parliament must obtain government 
permission for international travel, which generally was granted.
    The law prohibits forced exile and the Government did not use it. 
John Githongo, who resigned in 2005 as the highest anticorruption 
official and went into self-imposed exile, returned in August.

    Internally Displaced Persons (IDPs).--An unknown proportion of the 
several thousand persons displaced by ethnic clashes from the 1990s to 
the end of the reporting period had not returned to their homes due to 
fear of renewed violence.
    In January and February approximately 500,000 people fled their 
homes in Rift Valley Province, Central Province, Nairobi, and other 
sections of the country as a result of postelection interethnic 
violence. The Government provided shelter, food, and transport to 
approximately 350,000 IDPs, and coordinated support services with NGOs, 
particularly the Kenya Red Cross Society (KRCS), and faith-based 
charities. The Government and the KRCS established schools in most 
camps to allow children to continue their education, although the 
postelection violence disrupted many children's ability to sit for 
exams. There were reports that ethnic-based militias recruited youth in 
IDP camps. The East African newspaper reported in March that the 
Mungiki gang and other ethnic-based militias were actively recruiting 
youth living in IDP camps.
    In May the Government announced ``Operation Rudi Nyumbani'' 
(Operation Return Home) to return IDPs in camps to their homes. 
However, the majority of IDPs chose to relocate to transit sites near 
to their homes. By year's end the Government had closed all IDP camps, 
while KRCS reported a further 99,198 IDPs resided in transit sites. By 
mid-September the Government had registered 130,000 IDP households as 
eligible to receive cash assistance of 10,000 shillings (approximately 
$130) to assist them in returning home; 86,000 people received payment 
prior to departing the camps. Some IDP associations complained that the 
Government distributed assistance in a nontransparent manner or did not 
deliver it at all. In May the Representative of the UN Secretary 
General for the Human Rights of IDPs visited the country and concluded 
that the returns of some IDPs were not voluntary and based on informed 
choices.
    Rapes allegedly perpetrated by residents of camps, local residents, 
and sometimes by police personnel occurred in IDP camps. From January 
through March mobile clinics in IDP camps examined 2,812 sexually 
assaulted women.
    During the year there were many other causes of displacement, from 
land disputes to flash floods. In September local NGOs in Samburu and 
Isiolo reported that hundreds of pastoralists were displaced in 
conflicts over pasture and watering holes. During the year Karamojong 
from Uganda engaged in cross-border cattle raids in Western Rift Valley 
Province, causing death and displacement among the Pokot and Turkana 
tribes. In November the media reported a cross-border raid resulted in 
the deaths of 13 persons in Longirit, Turkana District.
    A joint military-police security operation in the Mount Elgon 
region from March through September resulted in numerous IDPs(See 
Section 1.g.).

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol. The 
Government provided some protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened; 
however, there were reports of forcible returns of Somali asylum 
seekers throughout the year; the Kenya-Somalia border remained 
officially closed, preventing asylum seekers from legally entering 
Kenya. Somali asylum-seekers reported paid approximately 7,500 
shillings ($100) per family in bribes and transportation costs to 
travel from the Kenya-Somalia border to the Dadaab camps.
    The Government permitted the Office of the UN High Commissioner for 
Refugees (UNHCR) to register and assist new arrivals who successfully 
made their way to one of the three Dadaab refugee camps. UNHCR 
registered 34,000 new arrivals in the Dadaab camps between January and 
July, increasing the camp size to more than 230,000. In July UNHCR 
requested government permission to build a fourth camp in Dadaab due to 
severe overcrowding (the three camps were designed to accommodate 
90,000 refugees); however, the Government denied the request.
    The Government had not provided temporary protection since 2004 to 
individuals who may not qualify as refugees under the 1951 convention 
and its 1967 protocol.
    The Government required all refugees to remain at UNHCR camps, 
which were located near the country's borders with Somalia and Sudan, 
unless refugees had been granted permission to attend higher education 
institutions, receive specialized medical care outside the camp, or to 
leave to avoid security threats. Approximately 55,000 refugees resided 
in Nairobi at year's end; however, UNHCR provided assistance to these 
refugees only in exceptional cases. The Government did not provide 
opportunities for local integration; however, it worked closely with 
UNHCR in facilitating refugee resettlement to other countries.
    Security concerns, including rape, banditry, and shooting, remained 
problems at both Dadaab and Kakuma refugee camps. Health and social 
workers at the camps reported that due to strong rape awareness 
programs, victims increasingly reported such incidents, resulting in 
improved access to counseling. Between 2007 and the end of the year, 77 
refugees were killed in Kakuma, a significant increase over the 84 
deaths registered from 2003-06. During the year 287 crimes were 
reported at the Dadaab camp, including physical assault, theft, 
robbery, rape, attempted rape, and defilement. 212 crimes were reported 
at the Kakuma camp during the year. There were no reported cases of 
sexual assault by police in either camp.
    Other security and human rights problems affecting refugees 
included persecution of Muslim converts to Christianity, community 
pressure against opponents of FGM, forced marriage, particularly of 
young Sudanese and Somali girls, and family objections to out-of-clan 
marriage. At times these resulted in the kidnapping of spouses and 
children. UNHCR requested increased police presence in the identified 
troubled areas, as well as increased patrolling within the refugee 
camps. However, the request was not granted.
    Fifteen relief agencies followed a code of conduct for humanitarian 
workers to further reduce incidents of sexual abuse by agency staff in 
refugee camps.
    There were isolated incidents of interclan violence at the Dadaab 
refugee camps.
    The Government introduced mobile courts to serve the camp 
populations, which are fully fledged judicial courts, and which proved 
to be instrumental in curbing violence and unlawfulness and providing a 
legal response to abuses.

    Stateless Persons.--UNHCR estimated that 100,000 stateless Sudanese 
Nubians, reportedly the descendants of Sudanese forcibly conscripted by 
the British in the early 1900s, lived in the country. UNHCR also 
reported that the Nubians should have been granted citizenship under 
prevailing nationality law. In 2003 the Nubians sought judicial relief 
from the Constitutional Court to be declared citizens by birth. 
Citizenship is determined by jus sanguinis (based on parentage), but 
the law also provides citizenship for Africans brought to the country 
by colonial authorities. In 2005 they filed a memorandum of 
admissibility with the African Commission on Human and Peoples' Rights 
(ACHPR) under the African Charter on Human Rights. In 2007 the ACHPR 
heard arguments on the admissibility of the case. The Government 
presented its arguments and filed a brief on the merits of the case. No 
further information on the case was available at year's end.
    According to the UNHCR, an unknown number of descendants of mixed 
Eritrean-Ethiopian marriages also were stateless. They were unable to 
obtain citizenship in either of those countries due to strong 
nationalist prejudices. The lack of proper documentation resulted in 
difficulties finding employment.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government through free and fair multiparty elections, and citizens 
exercised this right through generally free and fair local and 
legislative elections held on the basis of universal suffrage. However, 
the manner in which the December 2007 presidential election results 
were tallied raised serious doubts as to whether this right was 
respected in practice on the presidential level.

    Elections and Political Participation.--In December 2007 the 
country held local, parliamentary, and presidential elections. In all, 
117 parties contested local elections, presenting 15,332 candidates. A 
total of 138 parties contested parliamentary elections, putting forth 
2,548 candidates. Nine parties nominated presidential candidates.
    To prepare for the 2007 general elections, the Electoral Commission 
of Kenya (ECK) initiated nationwide voter registration. While nearly 
14.3 million citizens registered to vote, the independent review 
commission concluded that voter rolls contained the names of 
approximately 1.3 million deceased persons.
    The election campaign was generally free and fair, although there 
were instances of violence between supporters of rival parties, 
especially among progovernment parties. Police generally reacted 
professionally to instances of campaign violence. During the campaign 
SMS messages, pamphlets, and Web logs were sometimes used to 
disseminate hate speech that was banned under the election code of 
conduct. The KNCHR and other civil society organizations accused the 
Government of misusing state resources in the election campaign.
    During the election campaign, the Government required parties to 
register planned political gatherings with the police to prevent 
clashes if rival parties held simultaneous rallies. Despite this 
measure, political parties were able to operate largely free of 
government interference. Political parties at times faced restrictions 
on their activities imposed by supporters of competing political 
parties or candidates.
    Voter turnout was approximately 65 percent, the highest level in 
the country's history. Voting and counting at polling stations was 
generally conducted in accordance with democratic standards, although 
there were irregularities in strongholds of both the opposition and 
progovernment parties. International observers concluded that the 
tallying irregularities by the ECK in Nairobi undermined the 
credibility of the ECK. On December 30, 2007 the ECK announced that 
President Kibaki won the election; violent protests ensued.
    A mixed Kenyan-international commission appointed during the year 
to evaluate the elections found that the election results were 
``irretrievably polluted.'' The commission also reported that the 
election results, and especially the presidential election results, 
lacked integrity.
    In 2007 parliament passed the Political Parties Act to reduce the 
number of political parties, to promote political stability and party 
accountability. During the year a registrar for political parties, 
called for by the act, was established. At year's end the registrar had 
granted registration certificates to 38 parties which had complied with 
the Act's stringent membership and organizational requirements. Another 
10 applications for registration were pending at year's end. The act 
also provides for public financing for registered parties, but by 
year's end the fund had not been established.
    Women's participation in electoral politics remained low; however, 
a record number of female candidates ran for parliament and for local 
office in 2007. Nevertheless, women constituted only 10 percent of all 
parliamentary candidates and held 21 of the 222 seats in parliament. 
Women also held seven of 40 ministerial portfolios.
    During the previous year female parliamentary candidates were 
harassed and attacked.
    While the constitution does not specify representation for women, 
youth, or minorities, it emphasizes gender equality. Moreover, the 
constitution provides for 12 nominated parliamentary seats representing 
``special interests'' to be appointed by the president. Because the 
constitution does not define ``special interests,'' the interpretation 
of this provision is left to the nominating political parties and the 
ECK.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement these laws effectively, and officials often engaged in 
corrupt practices with impunity.
    Frequent press reports of incidents of government corruption fueled 
a widespread public perception that large-scale corruption up to the 
highest levels of the Government and in parliament persisted, and that 
little official action had been taken against the most corrupt. 
According to the Mars Group, an anticorruption think tank, 25 members 
of the 42-member cabinet were criticized in parliamentary inquiries 
into corruption. The World Bank's 2007 Worldwide Governance Indicators 
reflected that corruption was a severe problem.
    In 2003 the Government created the Kenya AntiCorruption Commission 
(KACC) and in 2004 appointed a director and other staff. Local 
anticorruption watchdog groups continued to claim that the KACC had 
accomplished little, despite significant financial support provided by 
the Government. Some civil society organizations reported that the 
Government also used the anticorruption commission to harass critics. 
In 2007 both the NGO Name and Shame Corruption Network Campaign and the 
Center for Law and Research International claimed the KACC failed to 
investigate and prosecute influential persons and criticized its 
failure to address the 2006 Goldenberg and Anglo Leasing scandals. The 
KACC director told the media he had forwarded 284 cases to the attorney 
general for prosecution. During President Kibaki's first term no top 
officials were charged with corruption, despite numerous scandals.
    In December the KACC sued seven current and former members of 
parliament for making fraudulent reimbursement claims for allowances 
totaling 20 million shillings ($250,000). Among those accused was 
Information Minister Samuel Poghisio, who denied taking 2.8 million 
shillings ($37,000) in 2006 and 2007. The case was pending at year's 
end.
    In September 2007 the findings of the Kroll Report were leaked. In 
2003 the incoming Kibaki government had commissioned the Kroll Report, 
an investigation into stolen state assets. The report provided evidence 
indicating that former president Daniel arap Moi, his family, and his 
associates stole more than two billion shillings ($30 million) of state 
revenues. However, the Government indicated it would not attempt to 
recover the assets, claiming a lack of substantial evidence in the 
report. It also blamed developed countries for allowing stolen money to 
be deposited in their banks.
    The Public Officers and Ethics Act requires that senior officials 
disclose their assets. However, the law does not require that 
disclosures be released to the public or the media.
    There is no freedom of information law; however, access to 
government information, particularly through the Internet, improved. 
The Government spokesman's briefings were televised, and updates of 
many government Web sites were prompt. In March parliamentary debate 
was televised lived for the first time. Beginning in June radio 
stations regularly broadcasted parliamentary proceedings.
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. With the exception of 
the police, government officials were usually cooperative and 
responsive to the queries of these groups. However, there were reports 
that officials also intimidated NGOs and threatened to disrupt their 
activities, and that less-established NGOs (particularly in rural 
areas) were subjected to interference from provincial administrators 
and security forces. For example, in January human rights activists 
claimed that individuals affiliated with government officials 
threatened them because they questioned the presidential election 
results. The human rights activists also claimed that security agencies 
conducted surveillance of their activities.
    For example, local authorities filed criminal charges against two 
persons who helped document allegations of human rights abuses against 
security forces in the Mount Elgon region. The Government restricted 
access to the region for one humanitarian NGO active in the Mount Elgon 
area (See Section 1.g.).
    Approximately 15 domestic organizations advocated for human rights 
in the country; 14 were independent of the Government. Several NGOs 
maintained comprehensive files on local 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 in 
Nairobi and other large cities. The Government sometimes allowed human 
rights organizations to witness autopsies of persons who died in police 
custody.
    NGOs monitored the December 2007 general elections in cooperation 
with the electoral commission, the KNCHR, and foreign diplomatic 
missions.
    A number of human rights organizations, including the Kenya Human 
Rights Commission, IMLU, and the KNCHR, produced reports cataloguing 
human rights abuses. The KNCHR has the status of an appeals court and 
can issue summonses, order the release of prisoners, and require 
compensation for human rights abuses. In 2006 the organization's first 
human rights tribunal ordered the Government to pay journalist Peter 
Makori approximately 5,053,671 shillings ($70,000) for police abuse and 
illegal detention in 2003; however, it was not known whether payment 
was made.
    In November 2007 the UN Special Rapporteur for Extrajudicial 
Killings requested permission to visit the country to investigate the 
killings of suspected Mungiki members; the Government approved the 
request in July, but the visit had not taken place by year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons.
    The constitution and law prohibit discrimination based on race, 
tribe, place of origin or residence, or other local connection, 
political opinions, color, creed, or gender. However, government 
authorities did not enforce effectively many of these provisions. There 
was also evidence that some government and opposition officials 
tolerated, and in some instances instigated, ethnic violence. The law 
establishes limited rights for the disabled, but does not prohibit 
discrimination based on language or social status.

    Women.--The law criminalizes rape, defilement, sex tourism, and 
sexual harassment; however, implementation remained limited, and sexual 
offenses remained largely underreported. The law does not specifically 
prohibit spousal rape.
    The law provides a maximum penalty of life imprisonment for rape, 
although sentences usually were no longer than the minimum of 10 years. 
The law establishes a minimum sentence for defilement-defined as a 
sexual act with a child involving penetration-of life imprisonment if 
the child is under 11 years old, of 20 years if the child is between 11 
and 16 years old, and of 10 years if the child is between 16 and 18 
years old; a child is any person under 18 years of age. NGO activists 
complained that a provision in the law that criminalized false claims 
of sexual assault deterred the reporting of sexual offenses.
    NGOs reported an increase in rape-including rape committed by 
members of the security forces-during the postelection period(See 
Section 1.c.). From January to March the Nairobi Women's Hospital and a 
partner hospital received 939 cases of sexual violence; 95 percent of 
the victims were women, 17 percent below the age of nine. There were 
also reports of sexual assault in IDP camps (See Section 2.d.). In July 
the Nairobi police commissioner testified before an inquiry on 
postelection violence that police did not keep statistics on the 
incidence of gender-based violence during the postelection period. 
Official police statistics showed a decrease in reported rape cases to 
627 during the year, down from 841 in 2007. However, human rights 
groups estimated that more than 16,000 rapes were perpetrated annually. 
The rate of reporting and prosecution of rape remained low because of 
cultural inhibitions against publicly discussing sex; victims' fear of 
retribution; police reluctance to intervene; especially in case cases 
where family members, friends, or acquaintances were accused of 
committing the rape; poor training of prosecutors; and the 
unavailability of doctors who might provide the evidence necessary for 
conviction. However, some NGOs reported that courts gave increasingly 
harsh sentences to those convicted of rape, especially cases involving 
minors. For example, in July a court in Nyahururu sentenced a man to 10 
years' imprisonment for defiling his daughter. In September a court in 
TransMara district sentenced another man to 20 years for defilement.
    In 2007 Coast General Hospital in Mombasa opened the first postrape 
treatment center outside Nairobi.
    Domestic violence against women was a serious and widespread 
problem but often condoned by society and the courts. The penal code 
does not contain specific provisions against domestic violence, but 
treats it as assault. Police generally refrained from investigating 
cases of domestic violence, which they considered a private family 
matter. The 2005 Kenya Demographic and Health Survey revealed that more 
than half of women had experienced domestic violence after the age of 
15. In July a court of appeal overturned the murder conviction of a man 
who killed his wife in 2004, ruling that the man's intoxication negated 
his ability to form the intent to murder. The court convicted him of 
manslaughter and reduced his sentence by three years. In August police 
arrested a man in Homa Bay and charged him with murdering his wife 
because she refused to have sex with him. The case was ongoing at 
year's end. NGOs, including the Law Society of Kenya and the Federation 
of Women Lawyers, provided free legal assistance to some victims of 
domestic violence.
    Prostitution is illegal but was widespread. While operating a 
brothel is illegal, soliciting prostitution is not a crime. Police 
arrested women engaged in prostitution. High rates of prostitution 
existed in tourist areas such as Nairobi and coastal tourist areas. On 
December 31, police raided a Nairobi strip club and arrested women 
accused of prostitution, but did not arrest the owners of the club.
    The law prohibits sexual harassment; however, sexual harassment 
continued to be a problem. It was often not reported and rarely 
resulted in charges being filed.
    The law provides equal rights to men and women and specifically 
prohibits discrimination on grounds of gender; however, women 
experienced a wide range of discrimination in matrimonial rights, 
property ownership, and inheritance rights. Women constituted an 
estimated 75 percent of the agricultural work force and were active in 
urban small businesses. The average monthly income of women was 
approximately two-thirds that of men. Women held only 6 percent of land 
titles; under traditional law, women in many ethnic groups could not 
own land. Women had difficulty moving into nontraditional fields, were 
promoted more slowly, and were more likely to be laid off. Societal 
discrimination was most apparent in rural areas. Women also faced 
discrimination in access to employment and to credit. The justice 
system-particularly customary law-often discriminated against women, 
limiting their political and economic rights and relegating them to 
second-class citizenship. In September 2007 the Government pledged to 
reserve one-third of civil service positions for women, but had not 
implemented its pledge by year's end.
    The Law of Succession, which governs inheritance rights, provides 
for equal consideration of male and female children but terminates the 
inheritance rights of widows if they remarry. Moreover, a widow cannot 
be the sole administrator of her husband's estate unless she has her 
children's consent. The law also allows the Ministry of Justice to 
exempt certain communities from the law in deference to tradition, 
which in some cases, provides for equal distribution of a man's 
property only among his sons. The law allows only males to transmit 
citizenship automatically to their spouses and children.
    Certain communities commonly practiced wife inheritance, in which a 
man inherits the widow of his brother or other close relative, 
regardless of her wishes. Other forced marriages were also common. 
Although poor and uneducated women were more likely to be inherited or 
suffer from property and inheritance discrimination, prominent and 
educated women sometimes were victims.

    Children.--There were legislation and policies to promote education 
and protect children's rights; however, the Government did not 
implement its policies fully.
    According to 2003 UNICEF data, only 81 percent of births in urban 
areas and 57 percent in rural areas were registered. Lack of official 
birth certificates resulted in discrimination in delivery of public 
services such as education and health care.
    Primary education was tuition-free; however, classes were 
overcrowded due to insufficient teachers and an inadequate budget. Boys 
outnumbered girls in secondary education by nearly 25,000 students. 
Rural families were more reluctant to invest in educating girls than 
boys, particularly at higher levels. In February the Centre for the 
Study of Adolescence reported that between 10,000 and 13,000 girls 
dropped out of school annually due to pregnancy. While the Education 
Act gave pregnant girls the right to continue their education until and 
after giving birth, NGOs reported that schools often did not respect 
this right and that schoolmasters sometimes expelled pregnant girls. 
The Ministry of Education estimated that 80,000 children dropped out of 
school annually due to forced marriages and child labor. For example, 
the newspaper The Nation reported in July that a six-year old girl in 
Isiolo was forced to marry a 54 year-old man. The children's officer in 
Isiolo reported that 20 girls between the ages of nine and 14 in the 
district were married off each year. Cherish Others, a local NGO, 
reported 21 cases of child marriage in TransMara district during the 
year. UNICEF also reported that nine out of 10 children from poor 
households failed to complete primary education. Approximately 40 
percent of university students were female.
    During the year the Government implemented a program to subsidize 
secondary education; however, the Government only paid for the subsidy 
to schools with a minimum class size of 40 students.
    The Government ordered provincial administrators to arrest parents 
who did not take or send their children to school. However, this law 
was not enforced uniformly. In August an assistant chief in Garissa 
district ordered police to arrest the parents of a girl for forcing her 
to drop out of school.
    Despite calls for reinstatement of corporal punishment after a wave 
of student violence struck schools throughout the country during the 
year, the Government continued its ban. There were reports that 
corporal punishment occurred throughout the year, with caning the most 
frequent form of punishment.
    The law prohibits FGM, but it was still practiced, particularly in 
rural areas. FGM usually was performed at an early age. According to 
UNICEF, one-third of women between the ages of 15 and 49 had undergone 
FGM. Of the country's 42 ethnic groups, only four (the Luo, Luhya, 
Teso, and Turkana who together constituted approximately 25 percent of 
the population) did not traditionally practice FGM. According to the 
Ministry of Gender and Children Affairs, 90 percent of girls among 
Somali, Kisii, Kuria, and Maasai communities had undergone the 
procedure. The rates among other communities were: Taita Taveta (62 
percent); Kalenjin (48 percent); Embu (44 percent); and Meru (42 
percent). FGM was less practiced among the Kikuyu and Kamba with 34 
percent and 37 percent respectively. There were public awareness 
programs to prevent the practice, in which government officials often 
participated. In September the Government launched a National FGM 
Coordinating Committee to provide guidance to organizations fighting 
FGM.
    Some churches and NGOs provided shelter to girls who fled their 
homes to avoid FGM, but community elders frequently interfered with 
attempts to stop the practice.
    In December more than 100 girls in Bomet district were subjected to 
FGM, causing the district commissioner to instruct police to arrest 
anyone perpetrating FGM. The media also reported in December that more 
than 200 girls in Marakwet District were forcibly subjected to FGM. 
However, no arrests were reported in either Bomet or Marakwet.
    Various communities and NGOs have instituted ``no cut'' initiation 
rites for girls as an alternative to FGM. According to the Family 
Planning Association of Kenya, its ``no cut'' program, called Ntanira 
na Kithomo (Initiate Me through Education), contributed to a 13 percent 
decline in the prevalence of FGM in Meru North District in 2005. 
However, NGO activists have noted that other districts have seen an 
increase in FGM.
    Child rape and molestation continued to be serious problems. Police 
reported that 1,626 children were defiled during the year. Newspapers 
contained frequent reports of molestation or rape of children by 
relatives, neighbors, teachers, police, and clergy. In 2007 the Nairobi 
Women's Hospital handled 915 cases of child abuse; however, the stigma 
attached to sexual violence made many people reluctant to report such 
cases or seek assistance, and the true rate of occurrence was likely 
much higher.
    NGOs The CRADLE and Care Kenya released a 2006 report entitled 
Robbing the Cradle that indicated an increase in child sexual abuse and 
a decrease in the age of the youngest victims. The most vulnerable 
victims were girls under age 18 and boys aged three to eight. Most 
child abusers were neighbors, fathers, and other relatives. In October 
a judge in Nairobi sentenced a man to 10 years in prison for attempting 
to defile his seven-year-old daughter.
    Teachers were the worst perpetrators in the professional category, 
with pastors and police officers following closely. In 2007 the 
Ministry of Education dismissed 76 teachers for having inappropriate 
sexual relations with students, although NGOs reported that accused 
teachers were generally transferred to different schools rather than 
dismissed and prosecuted. In July the newspaper the Daily Nation 
reported that Homa Bay education officials were investigating 
allegations that one teacher had impregnated four primary school 
students. However, no charges were expected to be filed.
    In August a high court in Kisumu sentenced a man to 20 years in 
jail for defiling a 13-year-old girl at knifepoint. In September police 
arrested a teacher in Nairobi for defiling a two-year-old boy. The case 
was ongoing at year's end.
    Media reported discrimination against uncircumcised boys.
    Newspapers frequently highlighted the problem of child marriages, 
which was commonly practiced among certain ethnic groups. According to 
UNICEF, 25 percent of young women had been married as children. The 
Marriage Act forbids marriage under the age of 16, but the Mohammedan 
Marriage and Divorce Act (MMDA) allows Muslim girls to marry at 
puberty. If a marriage is entered into under the provisions of the 
MMDA, any court hearing matters related to the marriage will apply the 
provisions of the MMDA when deciding the case.
    In September the media reported that a local chief rescued a 13-
year-old female orphan and a 15-year-old girl in Kisumu East from 
forced marriages arranged by their guardians. Police arrested the 
guardians and the case was ongoing at year's end.
    Child prostitution increased in recent years due to both poverty 
and the increase in the number of children orphaned by HIV/AIDS. Strong 
growth in the tourism industry also led to a large increase in foreign 
and domestic tourists seeking sex with underage girls and boys. The 
newspaper Daily Nation reported in 2007 that between 10,000 to 30,000 
children engaged in prostitution, mostly in tourist areas.
    In 2006 the director of children's services announced that, through 
a justice sector reform program, children's officers, probation 
officers, and provincial administrators had received training on 
children's rights, and 80 chief children's officers had been appointed 
to the Department of Children's Services. In 2007 the Government 
converted a former prison house in Naivasha into a shelter for abused 
children operated by a local NGO. During the year the children's 
services department hired 160 new children's officers, bringing the 
number to 333.
    Poverty and the spread of HIV/AIDS continued to intensify child 
homelessness. In 2007 the Government began a pilot program to place two 
million AIDS orphans with families in 20 districts. In 2007 the program 
placed 5,000 children in homes. In 2006 the children's rights NGO, 
African Network for the Prevention and Protection Against Child Abuse 
and Neglect, estimated that 750,000 children lived on the streets. 
Street children faced harassment and physical and sexual abuse from 
police and others, and within the juvenile justice system.
    The Government operated programs to place street children in 
shelters and assisted NGOs in providing education, skills training, 
counseling, legal advice, and medical care to girls abused and street 
children exploited in the commercial sex industry.
    There were reports of children joining gangs and militia, and of 
the Mungiki gang recruiting young boys from schools (See Section 1.g.).

    Trafficking in Persons.--The law does not explicitly prohibit all 
forms of trafficking in persons, although it criminalizes trafficking 
of children and trafficking in persons for the purpose of sexual 
exploitation. Persons were trafficked to, from, and within the country.
    The country was a source, transit, and destination country for men, 
women, and children trafficked for forced labor and commercial sexual 
exploitation. Children were trafficked within the country for domestic 
servitude, street vending, agricultural labor, and commercial sexual 
exploitation, including in the coastal sex tourism industry. During the 
year there were reports that ethnic-based militia were recruiting 
youth, including those in IDP camps (See Section 1.g.). Men, women, and 
girls were trafficked to the Middle East, other African nations, 
Europe, and North America for domestic servitude, enslavement in 
massage parlors and brothels, and forced manual labor. Foreign 
employment agencies facilitated and profited from the trafficking of 
Kenyan nationals to Middle Eastern nations, notably Saudi Arabia, the 
United Arab Emirates, and Lebanon, as well as to Germany. Chinese, 
Indian, and Pakistani women reportedly transited Nairobi en route to 
exploitation in Europe's commercial sex trade. Brothels and massage 
parlors in Nairobi employed foreign women, some of whom were likely 
trafficked. Asian nationals were trafficked into the country and 
coerced into bonded labor. According to the 2006 UNICEF/Ministry of 
Home Affairs research report, 10,000 to 15,000 girls living in four 
main coastal resort areas were involved in prostitution, representing 
up to 30 percent of all 12- to 18-year-olds living in these areas.
    Police reportedly investigated trafficking cases in the coastal and 
Rift Valley regions; however, the Government was unable to provide 
statistics on trafficking-related investigations, arrests, and 
prosecutions during the year.
    Victims trafficked abroad generally were recruited through 
employment agencies under false pretenses. Domestic trafficking victims 
were often lured by friends and relatives, who offered them false 
promises of marriage, good employment, or access to education. Poor 
families were misled into believing that their child was gaining the 
opportunity for a better life. The NGO Behavioural Change Plus Care of 
Humanity reported that traffickers targeted poor and illiterate girls 
in slum areas to work for little or no pay. For example, during the 
year a local NGO rescued six girls from Western and Nyanza provinces 
who had been lured to Nairobi to work as domestic servants.
    Trafficking of Asians generally occurred through recognized border 
crossing points, using both legitimate and forged travel documents. 
However, nationals of neighboring countries were often trafficked using 
forged travel documents and entered the country through unmonitored 
border crossing points. In May The Standard newspaper reported that 
police arrested 15 Indian nationals who had been trafficked to the 
country. They were subsequently deported. In November the newspaper The 
Nation quoted an immigration officer saying that approximately 80 
trafficked foreigners were repatriated monthly.
    The minimum penalty for trafficking for sexual exploitation is 15 
years' imprisonment, a fine of up to two million shillings ($27,400), 
or both. The minimum sentence for child trafficking is 10 years in 
prison and a fine of approximately two million shillings ($27,400). 
However, fines in practice were limited, and jail time was rarely 
imposed. Laws prohibiting the forcible detention of women for 
prostitution, child labor, transportation of children for sale, and the 
commercial sexual exploitation of children can also be used to 
prosecute trafficking-related offenses. In 2007 the National Steering 
Committee to Combat Human Trafficking, chaired by the vice president's 
office and the Ministry of Home Affairs permanent secretary, selected a 
task force of government agencies, NGOs, and UN agencies to draft a 
national plan of action and a smaller group to serve as a secretariat.
    During the year, police assisted with international trafficking in 
persons investigations in other countries. There were no reports that 
the Government had received any requests to extradite citizens accused 
of trafficking in persons offenses in other countries.
    The police antitrafficking unit, in conjunction with other police 
formations, has primary responsibility for combating trafficking. In 
2007, 14 community policing and child protection police units were 
established. However, police had limited capacity to track data on 
trafficking arrests, and no year-end statistics were available.
    In April police arrested a Congolese national for running a 
trafficking ring based in Nairobi. In May Nairobi police arrested two 
persons for running an international trafficking ring. These cases were 
ongoing at year's end. In May the media reported that police closed a 
children's home in Kajiado for trafficking a child to the United 
Kingdom.
    Government collaboration with NGOs to combat human trafficking 
increased. Awareness among government departments continued to grow 
during the year, largely due to NGO efforts to study the issue, educate 
the media, and inform the public about the problem. The media, 
especially the Government-owned Kenya Broadcasting Corporation, 
reported cases of suspected human trafficking.
    At year's end six people were on trial for trafficking 14 children-
aged six months to 12 years-in Bomet and Nandi districts.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical or mental disabilities in employment, 
education, access to health care, or the provision of other state 
services; however, the Government did not effectively enforce these 
provisions. The Ministry of Health is the lead ministry responsible for 
implementing the law, but implementation has been slow. The Government 
has equipped some public buildings with wheelchair ramps, and 
wheelchair-accessible elevators and sanitary facilities. The Government 
assigned each region a sign-language interpreter for court proceedings.
    NGOs reported that persons with disabilities were 
disproportionately affected by postelection violence, especially in IDP 
camps. However, NGOs reported that camp administrators often failed to 
recognize those with mental disabilities.
    A 2007 study conducted by KNCHR revealed that many students with 
disabilities were denied admission to regular schools, while in some 
cases the Government declined to fund special schools. The Education 
Ministry permanent secretary stated that only 35,000 of the 147,000 
children with special needs were enrolled in school, while the KNCHR 
commissioner contended that fewer than 10 percent of children with 
special needs were enrolled in school. However, the number of special 
education teachers who have graduated from the Kenya Institute of 
Special Education increased to 9,000 in 2007.
    The KNCHR also stated that the Kenya National Examination Council 
(KNEC) failed to provide adequate testing facilities and resources for 
students with disabilities. KNEC claimed that it provided special 
accommodations, such as exams in Braille and in large print for 
visually impaired candidates and extra time to complete exams. The 
Government was developing disability-specific curricula, but the 
process was slow because the Government failed to allocate sufficient 
resources and staff.

    National/Racial/Ethnic Minorities.--The population is divided into 
more than 40 ethnic groups, among whom discrimination and occasional 
violence were frequent. The 1999 census indicated that Bantu ethnic 
groups constituted approximately 67 percent of the population, of which 
the Kikuyu and closely related Embu and Meru accounted for 32 percent, 
the Luhya 16 percent, and the Kamba 10 percent; Nilotic groups 
constituted 30 percent, of which the Kalenjin accounted for 12 percent 
and the Luo 11 percent; and Cushitic groups-mainly Somalis-constituted 
3 percent of the population. The Kikuyu and related groups dominated 
much of private commerce and industry and often purchased land outside 
their traditional home areas, which sometimes resulted in fierce 
resentment from other ethnic groups. The numerically small and 
shrinking South Asian community controlled a disproportionate share of 
commerce.
    The conflict between two Cushitic groups in the far northeast 
continued, with each group accusing the other of maintaining militias 
and receiving armed support from their ethnic kinsmen across the border 
in Ethiopia and Somalia to harass, intimidate, and kill members of the 
other group. In October the Government sent a joint force of police and 
military personnel to interdict illegal weapons fueling the conflict. 
During the operation, security forces forcibly detained males in El 
Wak, Garri, and Mandera town. KNCHR accused police personnel of 
engaging in torture by whipping men with electrical cables and 
subjecting them to beatings while demanding that they surrender illegal 
weapons.
    During the year postelection violence often had an ethnic 
component. Interethnic violence increased during the year after the 
December 2007 announcement of the presidential election results. In 
January mobs in opposition strongholds, such as the Rift Valley and the 
western provinces, violently targeted ethnic Kikuyu and others 
suspected of supporting the incumbent president. In retaliation, Kikuyu 
mobs perpetrated vigilante attacks on nonKikuyu residents in Central 
Province, Nakuru, Naivasha, and areas of Nairobi. The violence 
continued until the signing of a political power-sharing agreement in 
late February.
    For example, in early January, a mob set fire to a church where 
Kikuyu residents sought sanctuary, killing 35 people, mostly women and 
children. On January 4, a Kikuyu mob stopped and burned a bus traveling 
to the western region of the country, killing all the passengers. The 
passengers were members of a tribe that supported the opposition. In 
late January Kikuyu mobs in Nakuru and Naivasha attacked non-Kikuyu 
residents of the town, killing 90 persons. NGOs and the media estimated 
that a total of 1,500 persons were killed, and the UN estimated that 
500,000 persons were displaced during the postelection violence. In 
September KNCHR issued a report which concluded that much of the 
violence was organized and financed by politicians.
    Through the provincial administrations, the Government held public 
meetings to promote reconciliation in communities affected by the 
postelection violence and to establish a forum for dialogue and 
peaceful resolution of conflicts. NGOs reported that implementation of 
reconciliation efforts was not uniform. During the year NGOs and church 
organizations were also involved in attempts to reconcile communities 
affected by postelection violence. Land conflicts during the year took 
place between the Maasai and Kipsigis in southern Rift Valley Province 
in June and between Maasai and Kikuyu in Naivasha in September.
    Many factors contributed to interethnic conflicts: longstanding 
grievances over land tenure policies and competition for scarce 
agricultural land, the proliferation of guns, the commercialization of 
traditional cattle rustling, the growth of a modern warrior/bandit 
culture (distinct from traditional culture), ineffective local 
political leadership, diminished economic prospects for groups affected 
by a severe regional drought, political rivalries, and the inability of 
security forces to adequately quell violence. Conflict between land 
owners and squatters was particularly severe in Rift Valley and Coast 
provinces, while competition for water and pasturage was especially 
serious in the northern districts of Rift Valley and Eastern Provinces 
and in North Eastern Province.
    In private business and in the public sector, members of nearly all 
ethnic groups commonly discriminated in favor of other members of the 
same group. Some neighborhoods, particularly in slum areas of the 
capital, tended to be segregated ethnically, although interethnic 
marriage had become fairly common in urban areas.

    Other Societal Abuses and Discrimination.--There was societal 
discrimination based on sexual orientation. In 2007 the Council of 
Imams and Preachers of Kenya and other civic leaders condemned 
homosexuality and argued against legalizing gay marriages. A group in 
Mombasa created the Muslim Youth Pressure Group to oppose homosexuality 
in 2007.
    There was societal discrimination against homosexuals and persons 
with HIV/AIDS during the year. The common view of HIV/AIDS as a stigma 
made it difficult for many families to acknowledge that a member was 
HIV-positive, and to date no socially or politically prominent 
individual has admitted being HIV-positive. However, there were fewer 
reports of violence against persons with HIV/AIDS. During the year 
courts awarded legal judgments which recognized discrimination against 
persons with HIV. For example, in July a Nairobi high court awarded 2.2 
million shillings ($28,000) to a woman who had been wrongfully 
discharged from her job due to her HIV-positive status.
    The Ministry of Defense arranged for uniformed personnel, their 
families, and some local persons to have access to HIV counseling and 
testing, prevention programs, and antiretroviral treatment during the 
year.
    The Government worked in cooperation with international donors on 
programs for HIV/AIDS prevention and treatment. This cooperation 
enabled a continued expansion of counseling and testing as well as care 
and treatment. During the year, the number of people with knowledge of 
their HIV status and those able to achieve improved health if found to 
be infected more than doubled. These developments were seen as key to 
reducing stigma and discrimination.
    Organizations representing persons with albinism claimed that they 
suffered widespread discrimination. On December 25, a child with 
albinism was killed in Namangan because the perpetrators believed that 
the death of a person with albinism would bring wealth and fortune. By 
year's end the investigation was still ongoing.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
including those in the export processing zones (EPZs), are free to form 
and join unions of their choice, and workers exercised this right in 
practice. Workers numbering seven or more in an enterprise have the 
right to form a union by registering with the trade union registrar. If 
the registrar denies registration, a union may appeal to the courts. 
The armed forces, police, prisons service, and the administration 
police are explicitly prohibited from forming or joining unions. There 
were 42 unions representing an estimated 500,000 workers, approximately 
one-third of the formal sector work force. The law allows unions to 
conduct their activities without government inference, including the 
right to strike, but this right was not always protected.
    The law permits workers to strike, but requires formal conciliation 
procedures to have been exhausted and seven days notice to both the 
Government and the employer. The law permits the Government to deny 
workers the right to strike under certain conditions. For example, 
members of the military, police, prison guards, and the National Youth 
Service are prohibited from striking. Other civil servants are allowed 
to strike following the seven day notice period.
    The Ministry of Labor typically referred disputes to mediation, 
fact-finding, or binding arbitration at the Industrial Court; during 
mediation any strike is illegal, thus removing legal prohibitions on 
employer retaliation against strikers. In practice, a Ministry of Labor 
referral to dispute resolution nullifies the right to strike. For 
example, in 2006 the Universities Academic Staff Union (UASU) sought 
wage rises varying from 298 to 520 percent. In 2006 the Government 
referred the dispute to the Industrial Court, which awarded UASU a 30 
percent pay rise in September 2008.

    b. The Right to Organize and Bargain Collectively.--While not 
having the force of law, the Industrial Relations Charter (IRC), 
implemented by the Government, Central Organization of Trade Unions 
(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. Both the Trade Disputes Act and the 
IRC authorize collective bargaining between unions and employers, and 
unions and management establish negotiated wages and conditions of 
employment.
    Security forces cannot bargain collectively but have an internal 
board which reviews salaries. Other groups that cannot bargain 
collectively, such as health sector workers, have associations, not 
unions, which negotiate wages and conditions that match the 
Government's minimum wage guidelines; however, these agreements were 
not legally enforceable. Workers in the military, prisons, the National 
Youth Service and teachers under the Teachers' Service Commission do 
not have the right to bargain collectively.
    Except for the Factories Act, all labor laws apply in the EPZs; 
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. The Tailors and Textiles Workers Union claimed that a number of 
garment producers in the EPZs have refused to recognize the union and 
resisted its efforts to organize their workers. The law prohibits 
employers from intimidating workers; however, some antiunion 
discrimination occurred, including in garment plants in the EPZs. The 
Industrial Court, a body of up to five judges appointed by the 
president, can order reinstatement and damages in the form of back pay 
for employees wrongfully dismissed for union activities. The Government 
voiced its support for union rights but did not protect them fully. 
Some unions complained that employers resisted efforts to establish 
unions in their factories, even where most workers indicated a desire 
for union membership, and that the Industrial Court and Ministry of 
Labor and Human Resource Development were ineffective in compelling 
employers to comply with the law.
    During the year the Government strengthened the labor dispute 
system by giving the Industrial Court the ability to enforce its 
decisions. However, union leaders reported that employers often did not 
comply with reinstatement orders, and workers often accepted payment in 
lieu of reinstatement.

    Prohibition of Forced or Compulsory Labor.--The law prohibits 
slavery, indentured servitude, and forced and bonded labor, including 
by children, but such practices reportedly occurred. Women, children, 
and men were trafficked for commercial sexual exploitation and labor 
(See Section 5.).
    Forced child labor occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits all forms of child labor that are exploitative, 
hazardous, or would prevent children under age 16 from attending 
school. However, child labor was widespread, particularly in the 
informal sector, and children were trafficked for commercial sexual 
exploitation and labor. The Ministry of Labor and Human Resources 
Development nominally enforced the minimum age statute.
    The law defines child labor, and the worst forms of child labor can 
be prosecuted, both under the Children's Act, which prohibits child 
sexual exploitation, and under the penal code. The Employment Act of 
2007 also prohibits the employment of a child (defined as a person 
under the age of 18) in any activity that constitutes a worst form of 
child labor, includes fines of up to 200,000 shillings ($25,000) and/or 
imprisonment for up to 12 months. The penal code prohibits procurement 
of a girl under 21 for unlawful sexual relations and criminalizes child 
commercial sexual exploitation, child labor, and the transport of 
children for sale. Persons under 18 may not be employed in any 
industrial undertaking at night, employment should not cause children 
to reside away from parents without their approval, and permission to 
work in a bar, hotel, or restaurant requires annually-renewed consent 
from the labor commissioner. Children under 13 are prohibited from 
working; also, children between 13 and 16 years of age may only perform 
``light work'' which is not harmful to their health or development and 
does not interfere with their schooling. However, the law does not 
apply minimum age restrictions to children serving as apprentices under 
the terms of the Industrial Training Act.
    An estimated one million children between five and 17 years of age-
most between 13 and 17 years old-worked; approximately 773,000 of those 
children were classified as child laborers. The employment of children 
in the formal industrial wage sector in violation of the Employment Act 
was rare. Children worked primarily in the informal sector, which was 
difficult to monitor and control. Many children worked on family plots 
or in family units on tea, coffee, sugar, and rice plantations. 
Children also worked in mining, including abandoned gold mines, and 
small quarries, breaking rocks and sifting through tailings. Children 
often worked long hours as domestic servants in private homes for 
little or no pay, and there were reports of physical and sexual abuse 
of child domestics. In addition thousands of children were exploited in 
the sex industry. Forced or compulsory labor by children, such as 
agricultural labor, prostitution, and domestic servitude sometimes were 
initiated by their parents. During the year there were reports that 
ethnic-based militia recruited children.
    The Government worked closely with COTU and the International Labor 
Organization to eliminate child labor. In 2004 the Government prepared 
a practical guide to labor inspection and trained labor inspectors and 
occupational health and safety officers to report on child labor. In 
2006 the Government renewed the three-year mandate for the National 
Steering Committee on the Elimination of Child Labor, which includes 
the attorney general, eight ministries, representatives of child 
welfare organizations, other NGOs, unions, and employers. An 
Interministerial Coordination Committee on Child Labor, chaired by the 
minister for gender and children's affairs, was responsible for setting 
general policy.
    Many NGOs were active on child labor issues and assisted in the 
return to school of child laborers. During the year the Government 
continued to implement 73 programs for the elimination of child labor 
with 25 partner agencies. The partners placed the children in schools, 
vocational training institutions, and apprenticeships, and supported 
income-generating activities for an estimated 10,000 parents. Partners 
also provided support to schools for income-generating activities to 
help keep children from poor families in school.
    UNICEF, the Ministry of Tourism and Wildlife, the World Tourism 
Organization, and NGOs continued to work with hotels and tour operators 
to increase their awareness of child prostitution and sex tourism. They 
encouraged all hospitality-sector businesses to adopt and implement the 
code of conduct developed by the NGO End Child Prostitution and Child 
Pornography and Trafficking of Children for Sexual Purposes (ECPAT). In 
2006, 30 hotels on the coast signed the ECPAT code of conduct. The 
Ministry of Tourism and Wildlife's campaign to register villas and 
cottages and impose the same requirements as on hotels resulted in an 
estimated 1,200 registrations. In 2007, 20 more hotels had signed the 
code of conduct; by year's end 10 additional hotels had signed the code 
of conduct.
    During the year the Child Protection Department of the Ministry of 
Gender and Child Services hired 150 new children's officers. This 
followed the hiring of an additional 160 officers in 2007. The 
Government's cash transfer program for orphans and vulnerable children 
(partially funded by UNICEF) expanded during the year to reach more 
than 25,000 children in 17 districts, providing approximately 500-1,000 
shillings ($8-$15) per child per month to help fund basic needs, 
including school costs, so that the children would not have to work.

    e. Acceptable Conditions of Work.--Labor laws passed in 2007 
established two weeks' paternity leave, increased maternity leave with 
full pay from two to three months, and compensated both public and 
private employees for work-related injuries and diseases contracted at 
work, among other provisions. However, during the year employers 
challenged these provisions in court. At year's end the case was 
ongoing.
    There is no national minimum wage. However, the Government 
established minimum wages by location, age, and skill level. In many 
industries the legal minimum wage equaled the maximum wage. The lowest 
urban minimum wage was approximately 7,578 shillings ($105) per month, 
and the lowest agricultural minimum wage for unskilled employees was 
2,536 shillings ($35) per month, excluding housing allowance. In 2007 
the Productivity Center of Kenya, a tripartite institution including 
the Ministry of Labor, the Federation of Kenyan Employers, and COTU, 
set wage guidelines for various sectors based on productivity, 
inflation, and cost of living indices. The minimum wage did not provide 
a decent standard of living for a worker and his or her family. Most 
workers relied on second jobs, subsistence farming, other informal 
work, or the extended family for additional support. A large percent of 
the labor force worked in the informal sector and were not covered by 
these provisions.
    The law limits the normal workweek to 52 hours (60 hours for night 
workers); some categories of workers had lower limits. The law 
specifically excludes agricultural workers. An employee in the 
nonagricultural sector is entitled to one rest day per week, and there 
are provisions for 21 days of combined annual and sick leave. The law 
also requires that total hours worked (regular time plus overtime) in 
any two-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. Violations were reported during the 
year. Workers in some enterprises, particularly in the EPZs and road 
construction, claimed that employers forced them to work extra hours 
without overtime pay to meet production targets. In addition employers 
often did not provide nighttime transport, leaving workers vulnerable 
to assault, robbery, and sexual harassment.
    The law detailed environmental, health, and safety standards; 
however, the Government did not effectively enforce the law. Fines 
generally were too low to serve as a deterrent to unsafe practices. 
EPZs are excluded from the Factory Act's provisions. The Ministry of 
Labor's Directorate of Occupational Health and Safety Services (DOHSS) 
has the authority to inspect factories and work sites, except in the 
EPZs; it had 75 inspectors, an increase of 25 from the 2006-07 fiscal 
year, but far short of the 168 reportedly needed to inspect factories 
adequately and enforce its safety and health orders. Informal surveys 
found widespread hazards such as lack of basic safety equipment and 
emergency escape routes. DOHSS occupational safety and health advisers 
made 405 safety audits from July 2007 through June. DOHSS prosecuted 29 
firms for violating occupational health and safety regulations during 
the same period. Labor unions and NGOs continued to criticize health 
and safety conditions in the EPZs and other sectors, such as small 
horticultural producers.
    DOHSS health and safety inspectors can issue notices against 
employers for practices or activities that involve 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 employing 20 or more persons should 
have an internal health and safety committee with representation from 
workers. DOHSS developed a program to help factories establish the 
committees and trained them to conduct safety audits and submit 
compliance reports to DOHSS. However, according to the Government, 
fewer than half of the largest factories had instituted health and 
safety committees.
    Workers, including foreigners and immigrants, theoretically have 
the right to remove themselves from situations that endanger health or 
safety without jeopardy to their employment; however, this right was 
not effectively enforced, and workers were reluctant to risk losing 
their jobs.

                               __________

                                LESOTHO

    Lesotho is a constitutional monarchy with a population of 1.88 
million. Under the constitution, the King is head of state but does not 
actively participate in political activities. The prime minister is 
head of government and has executive authority. In February 2007 the 
governing Lesotho Congress for Democracy (LCD) party won reelection; 
domestic and international observers characterized the election as free 
and peaceful. Some other observers, including members of the leading 
opposition parties and some NGOs, felt it was not entirely fair. Many 
of the complaints were due to the complicated manner of allocating 
proportional parliamentary seats. The mediation begun by the Southern 
African Development Community (SADC) in 2007 continued during the year. 
While civilian authorities generally maintained effective control of 
the security, there were unconfirmed reports of instances in which 
elements of the security forces acted independently.
    The Government generally respected the human rights of its 
citizens. However, the following human rights abuses were reported: 
torture and physical abuse; poor prison conditions; lengthy pretrial 
detention and long trial delays. Societal abuses included abuse of 
spouses and children, widespread restrictions on women's rights, 
societal discrimination against women and persons with disabilities or 
HIV/AIDS, 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
there was one death in custody and one killing due to police shooting 
reported to the Police Complaints Authority (PCA) during the year. The 
PCA indicated that the cases were fully investigated, and the reports 
with recommendations were handed over to the minister of home affairs 
and public safety.
    The Lesotho Mounted Police Service (LMPS) issued a statement 
concerning the July 2007 killing of Setsoto Ranthimo. In the statement 
they stated that the security forces who carried out the operation were 
acting in self-defense in reaction to Ranthimo's belligerent behavior.
    The 2006 case of the killing of Bereng Sekhonyana, a member of 
parliament from the opposition Basotho National Party (BNP), was still 
under investigation. The Ministry of Foreign Affairs had earlier 
indicated that police were in hot pursuit of suspects. However, the 
case was dormant at year's end, and the suspects were no longer under 
suspicion.
    The 2006 case in which two Maseru city council security guards were 
charged with killing pedestrians was pending at year's end.
    There were no new developments in the investigation of reported 
deaths that took place in traditional initiation schools in 2007. 
Police investigations are difficult due to the secret nature of 
initiation schools. There were no reports of new incidents during the 
year.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law expressly prohibit such 
practices, there were complaints that security forces tortured and 
abused persons.
    From January to August, the LMPS Complaints and Discipline Unit 
received nine complaints of torture, and the PCA received four 
complaints of assault and torture.
    At year's end no official report had been released on the August 
2007 case in which three street vendors accused of selling marijuana 
filed complaints of assault, unlawful detention, and theft against the 
LMPS.
    The June 2007 case involving several men detained by Lesotho 
Defense Force (LDF) officials was unresolved at year's end. In various 
media outlets the men claimed to be held in secret and incommunicado. 
The men further stated that they were interrogated about their 
connections to the opposition All Basotho Convention (ABC) party. Three 
of the men, Motlomelo, Thantsi, and Lerotholi, fled to South Africa in 
July 2007 and sought political asylum. Basotho businessmen Khotso 
Lebakeng, Mokherane Tsatsanyane and the late Semoli Semoli joined them, 
having fled the country in July after rumors that the army was looking 
for them. The South African government granted all of the men political 
asylum.
    There was no further action in the case of the three soldiers 
accused of involvement in coup plotting who also claimed to have been 
tortured in June 2007. At year's end they were on suspension and half-
pay. In July 2007 the local newspaper Public Eye showed pictures of the 
torture victims and later carried interviews in which they again stated 
they were tortured. The SADC Lawyers' report in August 2007 and the 
Civil Society Statement of July 2007 contained other reports 
corroborating the claims of torture.
    The BNP office reported that the 2006 case of torture and abuse of 
three female BNP opposition party members by male police officers was 
still pending in court at year's end.

    Prison and Detention Center Conditions.--Prison conditions were 
poor, and facilities were overcrowded and in disrepair. Sanitation and 
nutrition were poor, and prison facilities lacked bedding. However, 
some recent improvements were made, such as the electrification of two 
correctional institutions and the refurbishment of two others, 
including a maximum security facility. Prisoners get free medical care 
from government hospitals and are eligible to vote in elections. All 
prisons had a nurse and a dispensary to attend to minor illnesses. Some 
correctional facilities own ambulances to transport inmates for 
emergency medical care.
    The law provides that pretrial detainees and convicted prisoners be 
held in separate facilities; however, due to lack of sufficient 
facilities, pretrial detainees were held with convicted prisoners. 
Security and military prisoners were held in a separate facility.
    Prison regulations provide for visiting committees made up of 
principal chiefs, church ministers, representatives of the business 
community, advocates of the High Court, and other citizens. These 
committees are authorized to visit any prison without the prior 
knowledge of the prison director and generally were allowed to do so. 
The committees reported their findings to the prison director as well 
as the general public. A committee visit took place in November.
    The Government permitted international human rights groups to 
monitor prison conditions. During the year an intersectoral committee 
composed of government officials and the Lesotho Red Cross visited a 
number of correctional facilities to evaluate the level of professional 
training and activities available for inmates. The committee concluded 
that the inmates received satisfactory professional training and 
guidance.
    The 2007 Ombudsman's Report on the Quthing Correctional Institution 
Inquiry revealed that the commanding officer of the Quthing 
correctional facility was transferred. No action was taken against 
other prison officials implicated in the August 2007 case involving 
mistreatment of inmates in the Quthing District.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The security forces 
consist of the LDF, 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 Ministry of Home Affairs and Public Safety.
    The LMPS is nationally managed. The country is divided into three 
police regions, which are further divided into districts. An assistant 
commissioner of police heads each region; senior superintendents head 
the districts. A shortage of human and financial resources limited the 
LMPS's effectiveness.
    Unlike in the previous year, there were no reports that police were 
involved in armed robbery.
    The internal affairs organs that address problems of corruption and 
other offenses by the police are the LMPS Inspectorate, Complaints, and 
Discipline Unit and the PCA. The PCA, an independent oversight body, 
monitors police behavior and addresses grievances against the police. 
The Directorate on Corruption and Economic Offenses (DCEO) serves the 
same purpose for the public sector. These bodies prosecuted some 
members of the security forces. Traditional forms of disciplinary 
action include fines, suspension, demotion, or dismissal from service.
    Current legislation does not grant the PCA powers of search and 
seizure or the authority to summon police officers. Also, local NGOs 
have complained that the PCA's inability to initiate cases based on 
public complaints limits its effectiveness. Currently, cases are 
initiated only at the request of the minister of home affairs and 
public safety.
    Corruption was a problem, as confirmed by LMPS authorities; they 
noted that some police officers solicited low-level bribes to overlook 
traffic and other offenses. In 2007 there were 108 pending cases filed 
with the LMPS inspectorate. Those cases were carried over to January 
2008. From January to August 2008, the LMPS inspectorate received 10 
complaints of torture and 12 complaints of failure to attend to 
reports. Of the 22 reported cases, 14 were closed and eight were under 
investigation.
    Lack of accountability was sometimes a problem. The process of 
enforcing police accountability was slow, but internal affairs organs 
prosecuted some members of the security forces. More serious offenses 
such as murder are sent to the High Court via the Office of the 
Director of Public Prosecutions.
    According to PCA statistics, between January and August the PCA 
received 15 cases, including four cases of complaints involving assault 
and torture or murder and attempted murder, nine cases of poor service 
delivery, one case of death in police custody, and one murder due to 
police shooting. These cases were still under investigation at year's 
end.
    According to DCEO statistics, between January and August the DCEO 
received a total of 59 reports ranging from bribery and embezzlement of 
public funds to tender manipulation. Of these reports, 10 were closed, 
six were referred to the police and the Directorate of Dispute 
Prevention and Resolution, and 43 were pending at year's end.
    The case of Ramoeletsi extorting 980 Maloti ($100) from a local 
woman was proceeding in court at year's end. Ramoeletsi was suspended 
in January 2007; a hearing is scheduled for February 4, 2009.
    The 2007 case of a deputy police commissioner accused of filing 
fraudulent per diem claims and stealing meat from the Police Training 
College cafeteria was heard in court in October. A new hearing was 
expected and the case continued. The deputy commissioner remained 
suspended at year's end.

    Arrest and Detention.--The law requires police to obtain a warrant 
prior to making an arrest. Suspects were apprehended openly and brought 
before an independent judiciary. Suspects must be informed of charges 
within 48 hours, and their families must be notified of any detention. 
The law allows family members to visit inmates. However, according to 
media reports and the commanding officer of the LMPS inspectorate, 
police did not always comply with these provisions in practice. The law 
provides for granting bail, which the authorities granted regularly, 
and in general, fairly. Defendants have the right to legal counsel. 
Detainees are allowed prompt access to a lawyer; lawyers are provided 
for indigents. The Legal Aid Division, under the Ministry of Justice 
and Human Rights, offered free legal assistance, but a severe lack of 
resources hampered the division's ability to be effective. NGOs 
maintained a few legal aid clinics.
    Lesotho Correctional Service (LCS) stated that pretrial detainees 
constituted 18 percent of the prison population. Pretrial detention 
could last months or even years. The backlog was due to lack of 
resources, judicial staffing shortages, delay tactics by defense 
counsel, and unavailability of legal counsel. The average length of 
pretrial detention is 60 days, after which pretrial detainees normally 
get released on bail pending their trials. The Speedy Trial Act of 2002 
states that a suspect cannot be held in custody for more than 90 days 
before a trial except in exceptional circumstances.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the judiciary was generally 
independent in practice. There was a large case backlog, which resulted 
in delayed trials. This backlog was attributed in part to the severe 
shortage of judges.
    The judiciary consists of the Court of Appeal, the High Court, 
magistrates' courts, and traditional courts, which exist chiefly in 
rural areas to administer customary law. The High Court also provides 
guidance on law and procedure to military tribunals but does not 
participate in adjudication. A single high court judge normally 
adjudicates criminal trials with two assessors who serve in an advisory 
capacity. The authorities generally respected court decisions and 
rulings.
    Military tribunals have jurisdiction over military cases only. 
Tribunal decisions can be appealed only to the martial appeal court, 
which is composed of two judges from the High Court-one retired 
military officer with a legal background and the registrar of the High 
Court. Military tribunals provide the same rights as civil criminal 
courts. Military tribunals cannot try civilians.
    There are also specialized courts. The labor court is a civil court 
with jurisdiction over labor, employment, and certain human rights 
matters when they intersect with labor law. The Judicial Commissioner's 
Court brings in foreign magistrates as appropriate for cases requiring 
a high level of subject-matter specialization.

    Trial Procedures.--There is no trial by jury. Trials are public, 
but in civil cases judges normally hear cases alone. Defendants have 
the right to legal counsel; however, there have been limited instances 
where accused persons were not advised of their right to legal 
representation. Free legal counsel was available, either from the state 
or a legal NGO. Defendants have the right to be present at their 
trials, to confront and question witnesses against them, and to present 
witnesses on their own behalf. A defendant is allowed to present 
evidence on his own behalf at the Magistrate Court, but at the High 
Court legal representation is required. A defendant may either be held 
or released on bail until sentenced. Defendants are presumed innocent 
and have the right to appeal. Defendants have the right to access 
unclassified government evidence during a trial. The Government cannot 
classify evidence and use it against a defendant. If evidence is going 
to be used in court both the plaintiff and the defendant should have 
access.
    In the formal court system, women and men are accorded equal 
rights. The 2006 Legal Capacity of Married Persons Act improved the 
status of married women by ensuring that they are no longer legally 
considered minors. However, in practice women were sometimes still not 
accorded their full rights as promised under the law.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary with jurisdiction over civil matters. Citizens 
can freely access the court system to file lawsuits seeking cessation 
of human rights violations or a recovery of damages resulting from such 
acts. Some administrative remedies are available from the labor court, 
as stipulated by the Public Services Act. Judicial remedies for such 
wrongs are addressed in the constitution. However, in some cases the 
Government fails to produce evidence in court and sequester witnesses. 
This can damage the claims of the plaintiffs, leading to dismissal of 
cases.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution states that ``every person shall be 
entitled to respect for his private and family life and his home.'' 
Although search warrants were required under normal circumstances, the 
law provides police with the power to stop and search persons and 
vehicles and enter homes and other places without a warrant if the 
situation is considered life threatening, if there are security 
concerns, or in the case of an emergency. Many reportedly do not know 
that police are required to have a search warrant. A government source 
stated that police officers have been known to flaunt their power even 
when in possession of a warrant and neglect to show the warrant to the 
homeowner. The Criminal Procedure and Evidence Act of 1981 states that 
any police officer of the rank of inspector and above can conduct a 
search without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press and the Government generally 
respected these rights in practice; however, the Government suspended 
one radio station for three months for allegedly making inaccurate 
statements and inciting persons to resist street vendor removal. In 
contrast with 2007, no journalists were detained or harassed. A Media 
Institute of Southern Africa representative stated that there have been 
instances of journalists practicing self-censorship to avoid libel 
suits or problems with their editors. Private individuals could 
criticize the Government without reprisal.
    Several independent newspapers routinely criticized the Government. 
There were seven private radio stations but no private television 
station. The media criticized the Government, but risked being sued for 
slander or libel. State-*owned or state-controlled media consisted of 
two weekly newspapers, two radio stations, and a television station. 
State-owned media outlets reflected positions of the ruling party. 
South African and global satellite television and radio broadcasts were 
widely available.
    On July 18, independent radio station Harvest FM closed for three 
months due to a suspension order by the Lesotho Communications 
Authority (LCA). The LCA (a regulatory body) reportedly received 
complaints from the commissioner of police that the station had made 
inaccurate statements and complaints from the principal secretary of 
communications, science, and technology that the station had incited 
persons to resist the removal of street vendors from downtown areas. 
LCA claimed that Harvest FM responded by sending a letter after the 
specified deadline for reply denying the allegations leveled against 
them instead of addressing the charges. According to LCA, this 
infringed Condition 15 of its sound broadcasting license and Rule 20 of 
the LCA Broadcasting Rules of 2004. On October 22, Harvest FM returned 
to the airwaves.
    On September 2, former Harvest FM radio presenter Thabo 
Thakalekoala was found guilty on a June 2007 charge of sedition. He was 
acquitted on three other charges of subversion, criminal defamation, 
and crimia injuria (impairing an individual's dignity, a criminal 
offense). On October 22, the High Court sentenced Thakalekoala to 
either serve two years in prison or pay a fine of 200 Maloti ($18); 
Thakalekoala paid the fine.
    In May and July, the High Court dismissed the September 2007 
charges of contempt of court against the leaders of the Marematlou 
Freedom Party and the Lesotho Workers Party.
    The Government appealed the November 2007 case of Pastor Adam 
Lekhoaba. On April 11, the Court of Appeal of Lesotho overturned the 
High Court's decision and ruled in favor of the Government, which had 
claimed Lekhoaba was a South African citizen and not a Lesotho 
national. The Appeal Court indicated that the constitution does not 
recognize dual citizenship and that Lekhoaba should have renounced his 
South African citizenship. In the judgment, the Appeal Court stated, 
``It appears to be obvious that the question of his dual citizenship 
was raised by the authorities only because he allowed free expressions 
of opinion to take place over the airwaves of a local radio station. 
His deportation order, which was set aside by the Court a quo, was 
issued by the appellant for the same political reason.'' The Appeal 
Court further advised parliament to give urgent consideration to 
enacting legislation permitting Lesotho citizens who acquire South 
African nationality to hold dual citizenship in appropriate 
circumstances.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals or groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. The Internet 
was not widely available and was almost nonexistent in rural areas, due 
to a lack of communication infrastructure and the high cost of access.

    Academic Freedom and Cultural Events.--Unlike during the previous 
year, there were no reports of government restrictions on academic 
freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, there was one occasion during the reporting period when the 
Government restricted these rights. This incident stemmed from a 
disagreement between the Government and private taxi and bus operators. 
The Government had purchased 20 buses with the expressed goal of 
providing less expensive transportation to low-income workers and 
preventing taxi drivers from being able to shut down the city with 
their protests. On May 20, when the Government began operating the 
buses, taxi drivers and private bus conductors staged a strike and 
blocked roads. They argued that the Government did not have proper bus 
permits, had not consulted with them about bus routes, and was 
competing with them unfairly, which would result in thousands of jobs 
being lost. Police attempted to clear a path through the roadblocks 
using tear gas and rifle fire. During the clashes government bus 
conductors shot and wounded an employee of a private taxi operator, and 
a government bus conductor reportedly stabbed a taxi owner. Some 
critics claimed that the Government's decision was politically 
motivated. Following a period of mediation, the Government agreed to 
operate only 10 buses temporarily, only between the hours of 6:00 a.m. 
and 5:00 p.m.

    Freedom of Association.-- The constitution and law provide for 
freedom of association, and the Government generally respected these 
rights in practice.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of 
religious groups.
    There was a very small Jewish community, and there were no reports 
of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The constitution and law prohibit forced exile, and the Government 
did not use it.

    Protection of Refugees.--The laws provide for the granting of 
refugee status or asylum in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system to provide protection to refugees. 
In practice, the Government provided protection against the expulsion 
or return of refugees to countries where their lives or freedom would 
be threatened and granted refugee status or asylum. The Government 
continued to cooperate with the Office of the UN 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 and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and generally fair elections based on 
universal suffrage.

    Elections and Political Participation.--In February 2007 the LCD 
party won reelection, claiming 61 of 80 constituency-based seats in the 
National Assembly; domestic and international observers characterized 
the election as free and peaceful, but major opposition parties and 
some NGOs claimed it was not entirely fair due to the complicated 
manner of allocating parliamentary seats. Through a pre-election 
alliance with the National Independent Party, the LCD controlled a 
further 20 of 40 proportional representation seats, bringing its 
majority to 82 out of 120 seats. The largest opposition party, the ABC, 
won 17 constituency-based seats and 10 proportional seats through its 
own pre-election alliance with the Lesotho Workers Party.
    Although both major political parties created alliances in an 
attempt to gain more seats in the 2007 election, the most contested 
issue was that the ruling LCD party gained an additional 20 seats. 
Despite the fact that some legal experts, including those associated 
with the SADC mediation process, stated that the memoranda of 
understanding clearly circumvented the intent of the constitution, the 
Independent Electoral Commission (IEC) accepted the informal alliances.
    The allocation of proportional seats remained contentious, and 
governing and opposition parties agreed that outside experts should 
evaluate the mixed member proportional parliamentary system. In May 
2007 the Government invited the Southern African Development Community 
to mediate the political impasse, an effort led by the former president 
of Botswana, Ketumile Masire.
    During Masire's visit to Lesotho in February, it was agreed that 
all election-related court cases should be dealt with before the 
postelectoral political dialogue could resume.
    The last election-related case was concluded on July 2, when the 
High Court ruled that the Marematlou Freedom Party (MFP) had lodged an 
election petition but had no legal right to do so. The court also ruled 
that it had no jurisdiction to make a decision concerning the petition, 
which requested orders invalidating the allocation of proportional 
seats and directing the IEC to reallocate the proportional seats in the 
National Assembly.
    As previously agreed, Masire returned and held talks with 
stakeholders from August 25 to 31. Stakeholders included the IEC, 
political parties, the Government, the Christian Council of Lesotho, 
the Lesotho Council of NGOs, and members of the diplomatic corps.
    The issue of the legitimacy of ABC leader Thomas Thabane as an 
official opposition leader was still outstanding, but on August 31, 
Masire asked all the stakeholders to settle this matter by the end of 
October. Despite Masire's request, neither side took action.
    Informed observers stated that the negotiation had come to a 
frustrating crossroads and that opposition political parties considered 
themselves disenfranchised by the existing interpretation of the 
electoral rules.
    Masire's last visit was in late September, and there was no 
progress by year's end.
    There were 30 women in the 120-member National Assembly and nine 
women in the 33-member Senate. The speaker of the National Assembly, 
six of 19 government ministers, three of six assistant ministers, five 
of 10 judges on the High Court, and the commissioner of police were 
women.
    Approximately 98.5 percent of the population is ethnic Basotho. 
There were no members of minorities in the National Assembly, the 
Senate, or the cabinet.

    Government Corruption and Transparency.--There were isolated 
reports of government corruption during the year. The World Bank's 
Worldwide Governance Indicators reflected that there was a corruption 
problem.
    The Directorate on Corruption and Economic Offenses was the primary 
anticorruption organ.
    In January the auditor general released an audit of the country's 
2003-04 public accounts. The auditor general stated that the public 
accounts suffer from serious errors and omissions which lead to 
misrepresentation of the Government's financial position. The errors 
include expenditure misappropriation, a lack of ledger accounts 
reconciliations, a lack of ministerial expenditure and revenue reports 
reconciliations, unauthorized excess expenditures, and nondisclosure of 
some capital projects. According to the auditor general, the Government 
not only must confront a weak financial system but also the extended 
delays in releasing public financial information.
    Although there are no laws providing for access to government 
information, and access to government information was incomplete, Web 
sites of government ministries, parastatal companies, and private 
organizations provided some information on governmental activities. The 
Government Gazette and other publications could be requested from the 
Government Printers' Office. There were also media releases from 
government ministry information officers. There were continuing 
complaints about the lack of access to government information from 
researchers at institutions such as the Institute of Southern African 
Studies, NGOs, and the media.
    The 2007 case of alleged procurement fraud by the principal 
secretary of justice and human rights was heard on September 18. The 
High Court found her guilty of contravening the Government's 
procurement regulations. However, she was acquitted on the main charge 
of corruption in the acquisition of an information technology 
networking system. Sentencing was postponed to early 2009.
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's office exists to protect citizens 
against infringement of their rights by public and private sector 
organizations. It appeared to function without undue governmental or 
political interference; however, it was constrained by a shortage of 
staff, financing, and equipment. The ombudsman intervened in issues 
such as requests for release of unlawfully withheld salaries; 
reinstatement of employees illegally suspended from their jobs; 
compensation for persons relocated to new areas in connection with 
Lesotho Highland Water Project activities; and compensation for and 
repairs of houses in communities close to large-scale development 
projects.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the formal legal code prohibit discrimination 
based on race, color, gender, religion, disability, language, political 
or other opinion, national or social origin, birth, or other status; 
however, the constitution also recognizes customary law as a parallel 
legal system, and under it, women remain disadvantaged with regard to 
inheritance and succession rights.

    Women.--The law prohibits rape, including spousal rape, and 
mandates a minimum sentence of five years' imprisonment, with no option 
for a fine. Rape was reportedly commonplace; an estimate based on 
police national crime statistics indicated that there were 1,300 
reported cases of rape during the year. Courts heard a number of rape 
and attempted rape cases, several of which resulted in convictions. 
Unlike in previous years, there were no reports that very young girls 
were raped as a result of the belief among some men that intercourse 
with a virgin could cure HIV infections.
    Organizations involved in combating the problem included the Gender 
and Child Protection Units (GCPU) of the LMPS, the NGO Lesotho Child 
Counseling Unit (LCCU), and other NGOs. Their activities included 
teaching young persons and parents how to report such offenses and how 
to access victims' services.
    Domestic violence against women was believed to be widespread. An 
estimate based on police national crime statistics indicated there were 
7,700 reported cases of domestic violence during the year. Domestic 
violence and spousal abuse are criminal offenses defined as assault; 
however, few domestic violence cases were brought to trial. The law 
does not mandate specific penalties, but an offender can be cautioned 
and released, given a suspended sentence, fined, or imprisoned. 
Punishment depends on the severity of the assault, and judges have a 
wide degree of discretion in sentencing. Violence against women and 
children is increasingly considered socially unacceptable due to the 
advocacy and awareness programs of the GCPU, the Federation of Women 
Lawyers, the LCCU, other NGOs, and broadcast and print media campaigns.
    The legal code does not address prostitution. It was known to occur 
in urban areas, but its pervasiveness was unclear.
    The law does not specifically prohibit sexual harassment, and 
sexual harassment occurred in the workplace. The Law Office stated that 
complaints involving sexual harassment are not often reported through 
official channels and tend to be handled internally if reported at all.
    In civil and criminal courts, women and men are accorded equal 
rights. The 2006 Legal Capacity of Married Persons Act effectively 
eliminated de jure discrimination against women except in the area of 
inheritance, which it does not cover. Nevertheless, traditional law and 
custom limited the rights of women in areas such as property rights, 
inheritance, and contracts. Under the dual legal system, women have the 
legal and customary right to make a will and sue for divorce; however, 
under traditional law, a married woman was considered a minor during 
the lifetime of her husband and could not enter into legally binding 
contracts without her husband's consent. Since passage of the new law, 
the rights of women have substantively improved. Married women can 
obtain loans without the consent of their husbands and enjoy full 
economic rights under the law. However, the law does not provide for 
women's inheritance and custody rights. A woman married under customary 
law has no standing in civil court unless she has her marriage 
legalized in the civil system. Government officials publicly criticized 
customary practice regarding marriage.
    Although polygamy is not recognized by the formal legal code, it 
was practiced under the traditional legal system by a small minority.
    Women were not discriminated against in access to employment, 
credit, or pay for substantially similar work. Some of the most highly 
paid positions are held by women, including speaker of parliament, 
cabinet ministers, judges, the mayor of Maseru, ambassadors, the 
commissioner of police, government principal secretaries, the auditor 
general, certain directors of government ministries, and the chief 
executive officers of some public enterprises.
    Women's rights organizations took a leading role in educating women 
about their rights under traditional and formal law, highlighting the 
importance of women's participation in the democratic process. The 
Ministry of Gender, Youth, Sports, and Recreation funded efforts by 
women's groups to sensitize society to respect the status and rights of 
women.

    Children.--The law provides for the protection of children; 
however, limited resources hampered the Government's ability to fully 
enforce the law. In addition, the rapid rise in the number of AIDS 
orphans contributed to child prostitution, child homelessness, child-
headed households, and children at risk of exploitation for labor or 
other purposes. The problem of parents getting sick or dying due to 
HIV/AIDS continued to be the most troubling issue facing children in 
the country.
    By law education is universal and as of 2006 was tuition-free 
through the seventh grade; however, it was not compulsory, even at 
elementary school levels. The UN Children's Fund (UNICEF) reported that 
a substantial number of children did not attend school. The problem is 
particularly prevalent in rural areas where there are few schools. 
Attending school regularly is most difficult for those involved in 
supporting their families through subsistence activities or those whose 
families could not afford fees for the purchase of uniforms, books, and 
school materials. According to UNICEF figures, 80 percent of boys and 
88 percent of girls attended primary school during the year. More boys 
failed to attend school than girls due to the tradition of livestock 
herding by young boys.
    Child abuse was a problem, especially for children orphaned by HIV/
AIDS. According to the Child and Gender Protection Unit, 309 cases of 
child abuse were opened during the year. These cases included child 
neglect, common assault, sexual assault, and grievous bodily harm.
    During the year the news media frequently published reports of 
violence at traditional initiation schools, attended mainly by rural 
youth. While the activities of these initiation schools were kept 
secret, violence against students, teachers, and members of surrounding 
communities was reported in newspapers, on the Internet, and on the 
radio.
    According to media reports, child prostitution was also a problem. 
Young girls and boys, many of whom were orphans, moved to urban areas 
to engage in prostitution. A 2001 UNICEF assessment concluded that 
child prostitution in the country was a poverty-driven phenomenon 
rather than a commercial activity and that the financial arrangements 
were casual and not determined by organized criminal syndicates. 
However, UNICEF and the Government agreed that while the numbers 
remained small, the more recent trend toward commercial prostitution by 
children was a growing problem. There were not enough resources within 
either the police force or the Department of Social Welfare to address 
the needs of children likely to engage in prostitution.
    Familial stress, poverty, the virulent spread of HIV/AIDS, and 
divorce led to a rise in child homelessness and abandonment, creating 
numerous street children, of which according to UNICEF's latest 
figures, an estimated 180,000 were orphans and vulnerable children. 
Street children were hampered by lack of access to government services, 
such as medical care and schooling, and were not informed about their 
rights to such services.
    The GCPU had branches in all 10 districts, but lack of resources 
restricted their ability to be effective. The GCPU dealt with sexual 
and physical abuse, neglected and abandoned children, and protection of 
the property rights of orphaned children.

    Trafficking in Persons.--There are no specific laws that prohibit 
trafficking in persons; however, the labor code, the Aliens Control 
Act, the Child Protection Act of 1980, and kidnapping statutes 
contained in the constitution can all be used to charge persons 
suspected of trafficking. Although there were reports that persons were 
trafficked to, from, and within the country, there were no official 
statistics.
    The Ministry of Home Affairs and Public Safety and the GCPU are 
responsible for monitoring trafficking in persons. Despite the lack of 
legislation, the Ministry of Health and Social Welfare, some NGOs, and 
the police offered assistance to suspected victims of trafficking.
    There were unconfirmed reports that Ugandan police had uncovered at 
least one trafficking case in which Ugandan children were trafficked to 
Lesotho.
    The State Department's 2008 Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with physical and mental disabilities in 
employment, education, or provision of other government services, and 
the Government enforced these laws within its limited ability. Although 
societal discrimination was common, the tradition of hiding children 
with disabilities from the public was no longer commonly accepted. The 
Association of the Disabled actively promoted the rights and needs of 
disabled persons.
    Laws and regulations stipulate that persons with disabilities 
should have access to public buildings, and such buildings completed 
after 1995 generally complied with the law. Election law provides for 
assisted voting for persons with disabilities, which is respected in 
practice.
    Persons with disabilities are allowed to have anyone of their 
choice assist them, or they may request the presiding officer at a 
polling station to help, but there should be a third person to verify 
that the voter's choices are respected.
    The Ministry of Health and Social Welfare is responsible for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Minorities constituted less 
than 2 percent of the population. There were small groups of ethnic 
Indians, Europeans, Chinese, and mixed-race persons. Economic and 
racial tension between the Chinese business community and the Basotho 
remained a problem. There were no formal government efforts to address 
such problems.

    Other Societal Abuses and Discrimination.--There continued to be 
media reports that persons with AIDS and their immediate families, 
including children orphaned by AIDS, were stigmatized.
    The law prohibits discrimination in the workplace on the basis of 
HIV/AIDS status.
    In 2006 parliament amended the labor code to include an HIV/AIDS 
workplace policy. Each government ministry or department provided 
subsidized medicine and food to its employees with HIV/AIDS, and such 
assistance was available to all citizens at subsidized prices at all 
government hospitals.
    LDF policy states that if a soldier is found to be HIV positive 
after induction, the person is not retired or separated. The soldier is 
provided counseling and testing, and duties are adapted as appropriate.
    The law does not address sexual orientation, and general 
discrimination against homosexuals was present in the workplace.
Section 6. Worker Rights
    a. The Right of Association.--Under the law workers have the right 
to join and form trade unions without prior authorization and without 
excessive bureaucratic requirements. Workers exercised this right in 
practice. All trade unions must register with the registrar of trade 
unions. The law prohibits civil servants and police from joining or 
forming unions but allows them to form staff associations; both police 
and civil servants have established such associations. The law allows 
unions to conduct their activities without interference, and the 
Government generally protected this right.
    The law provides for a limited right to strike; however, civil 
servants are not allowed to strike and, by definition, all public 
sector industrial actions are unauthorized. In the private sector, the 
labor code requires a series of procedures to be followed by workers 
and employers before a strike action is authorized.
    Both locally and foreign-owned businesses continued to lack a full 
understanding of the labor code's provision regarding the right to form 
labor unions.
    According to the 2008/09 labor commissioner's audit report, trade 
unions are affiliated under three union federations. These are the 
Congress of Lesotho Trade Unions, with a membership of 11,797; the 
Lesotho Congress of Democratic Union, with 11,240 members; and the 
Lesotho Trade Union Congress, with 2,033 members; producing a combined 
membership for functioning trade unions of 25,070. The ministry 
indicated that 25 trade unions were deregistered in 2006, and a further 
15 in 2007, for failure to submit annual reports. Each year the 
Government reviews nonfunctioning or noncompliant unions and 
deregisters them.
    A majority of Basotho mineworkers were members of the South African 
National Union of Mine Workers (NUM). While NUM as a foreign 
organization was not allowed to engage in most union activities in the 
country, it provided training, developed agricultural projects, and 
performed other social services for retrenched mine workers and 
families of deceased miners.
    There are two unions in the apparel and textile sector: Factory 
Allied Workers Union, with a membership of 8,897, and Lesotho Clothing 
and Allied Workers Union, with an estimated 5,000 members.
    The labor court reported that during the year there were 31 cases 
filed alleging unfair labor practices, 197 cases filed petitioning for 
enforcement of resolutions by the Directorate of Dispute Prevention and 
Resolution (DDPR), and 70 contested DDPR cases being reviewed by the 
labor court.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law and freely practiced. There are no 
restrictions on collective bargaining; unions are allowed to bargain 
for wages above the minimum wage set by the Wage Advisory Board. 
However, the commissioner's office reported that the unions were too 
weak to bargain effectively.
    The law prohibits antiunion discrimination, and the Government 
generally enforced this prohibition. Textile and apparel unions claimed 
that members are sometimes treated unfairly to compel them to leave; 
some such cases were pending with the labor court. The Ministry of 
Labor and Employment (MOLE) claimed workers often believed they were 
dismissed for union involvement, but investigation revealed that often 
they were dismissed on grounds other than for union activities.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
compulsory labor, including by children. However, sources within the 
MOLE's inspectorate reported that such practices occurred in private 
dwelling houses and on small farms or cattle posts which are outside 
the scope of the Labor Code and therefore no inspections could take 
place.
    Children were often forced by circumstances to take on jobs such as 
herding and working on the street, sometimes as sex workers. These 
children are forced to undertake such work by the economic situation 
and the fact that many traditional family support networks have been 
decimated by the HIV/AIDS pandemic.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code contains prohibitions against the employment of minors in 
commercial, industrial, or other nonfamily enterprises involving 
hazardous or dangerous working conditions. The Government effectively 
enforced these statutes. However, officials in the MOLE's inspectorate 
stated that child labor is a problem in the agricultural and other 
informal sectors, which child labor laws do not cover. The inspectorate 
has no mandate to inspect informal economy establishments, which are 
outside the scope of the Labor Code. According to the Bureau of 
Statistics, the legal minimum age for employment in commercial or 
industrial enterprises is 15 years, or 18 years for hazardous 
employment. Children under 18 may not be recruited for employment 
outside the country.
    Although the Labor Code prohibits child labor and sets the minimum 
age for employment at 18 years, the unemployment rate, which is 
estimated at 45 percent, increasing levels of poverty, and the high 
prevalence of HIV/AIDS (23 percent), all contribute towards children 
working at an early age in order to feed themselves and their families.
    The most recent official figures on child labor were reported in 
2000 and 2004, products of collaboration between the MOLE and UNICEF, 
along with other partners. Those studies estimated that 29 percent of 
children aged 5 to 17 were working. The study also showed that many 
look after livestock. In traditional rural society, rigorous and 
occasionally dangerous working conditions for young herd boys 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. One four-year-old research participant stated: ``I 
started herding before I was born.''
    According to the study cited above, many urban street children 
worked in the informal sector. Children working in the streets carried 
packages for shoppers and sold water or fruit, for example. Some 
offered themselves for sex work. Most jobs performed by children were 
often gender-specific: boys 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.
    According to the same study, the worst forms of child labor occur 
in herding, street work, domestic work, and sex work. Due to increasing 
poverty and orphanhood, children have become more vulnerable to these 
worst forms. Some persons hire young children, mostly orphaned or 
deserted, as herders and exploit them with meager payments. In mountain 
areas boys stay at cattle posts working 24 hours a day, seven days a 
week, and are poorly fed.
    The labor survey indicates that children working in the streets 
typically start at the age of 12. The most common work they do is 
selling fruits and vegetables. Children work more than eight hours a 
day, which is the maximum stipulated in the law for an adult. They also 
work without breaks six or seven days a week. Domestic workers also 
start as young as 12 years. The office of the labor commissioner 
indicated that it is difficult to track cases of child labor because 
the country does not have laws and policies specific to child labor. 
However, the country developed a strategy, the Action Program towards 
Elimination of Child Labor (APEC), which was launched during the year.
    The Ministry of Employment and Labor is responsible for 
investigating child labor.

    e. Acceptable Conditions of Work.--The national minimum wage for 
lower-skilled jobs is 252 Maloti ($36) per month. This wage did not 
provide a decent standard of living for a worker and family. Each year 
the Wage Advisory Board-comprised of representatives from the 
Government, trade unions, and the Employers Association-negotiates the 
minimum wage for different occupation groups. The MOLE amended the 
Labor Code minimum wage schedule, effective October 1. Textile machine 
operator trainees thereafter earned 686 Maloti ($98) per month, and 
textile general workers earned 738 Maloti ($105) a month. Many locally 
owned businesses did not keep records of employees' salaries to 
facilitate labor inspections as required by law. Many wage earners 
supplemented their income through subsistence agriculture or 
remittances from relatives in South Africa, although these remittances 
have declined.
    The law stipulates conditions including a maximum 45-hour workweek, 
a weekly rest period of at least 24 hours, 12 days of paid leave per 
year, paid sick leave, and public holidays. Required overtime was legal 
as long as overtime wages were paid for work in excess of the standard 
45-hour workweek. Labor laws do not, however, cover the agricultural 
and other informal sectors, where most workers are employed. The MOLE's 
inspectorate stated that employers did not always enforce these 
standards. For example, some employers in the apparel and textile 
sectors violated the labor code. According to the commissioner of 
labor, employers in the retail sector were the worst violators. The 
most common allegations involved ignoring labor regulations mandating 
ordinary hours of work, overtime, and public holidays.
    The law requires employers to provide adequate light, ventilation, 
and sanitary facilities for employees and to install and maintain 
machinery in a manner to minimize injury; larger employers generally 
followed these regulations. However, health and safety violations were 
common in smaller establishments. The labor code requires employers to 
appoint a registered health and safety officer to supervise and promote 
safe conduct at work. They are also required to have first-aid kits and 
safety equipment and to provide protective clothing. According to 
health and safety inspectors in the Ministry of Labor and Employment, 
appointment and training of registered health and safety officers was 
ignored by most employers. Also, the law does not specify the contents 
of first-aid kits. Generally, with the exception of the mining 
establishments, employers' compliance on health and safety was low. In 
addition, health and safety inspectors stated that the retail sector 
was not in full compliance with health and safety standards, as they 
had no registered health or safety officers, did not have complete 
first-aid kits, and did not provide protective clothing.
    The labor code empowers the MOLE to issue regulations on work 
safety, and the ministry did so. There were no known instances of the 
ministry ineffectively or improperly enforcing health and safety 
standards. The labor code does not explicitly protect the right of 
workers to remove themselves from hazardous situations without 
prejudice to employment. However, sections of the code on safety in the 
workplace and dismissal imply that such a dismissal would be illegal.
    The law also provides for a compensation system for industrial 
injuries and diseases related to employment. The commissioner of labor 
is charged with investigating allegations of labor law violations. 
Labor inspectors generally conducted unannounced inspections of a 
random sample of workplaces on a weekly basis. Inspections in mountain 
districts, however, were done on a quarterly basis.
    The Government and private sector implemented voluntary HIV/AIDS 
counseling and testing programs in line with Labor Code Act Number 5, 
passed in June 2007, which strengthened existing programs. The Labor 
Code Amendment Act of 2006 provides for the further development of HIV/
AIDS policies in the workplace. The MOLE has an HIV/AIDS support group 
that carried out campaigns for the implementation of the labor code. 
The support group also provided testing and counseling services to 
employees in the private sector living with HIV/AIDS. The target 
sectors were security companies, construction, and transport.

                               __________

                                LIBERIA

    Liberia is a constitutional republic with a population of 
approximately 3.5 million. In 2005 Ellen Johnson Sirleaf won multiparty 
presidential elections, which domestic and international observers 
considered generally free and fair. Since the 2003 signing of the 
Comprehensive Peace Agreement, which ended the 1999-2003 civil war, the 
UN Mission in Liberia (UNMIL) peacekeepers and UN international police 
(UNPOL) have had primary responsibility for maintaining security. 
Efforts to select and train personnel for the Liberia National Police 
(LNP) and the Armed Forces of Liberia (AFL) continued. 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.
    The Government generally respected the human rights of its 
citizens; however, problems continued. Mob violence and land disputes 
resulted in deaths, and ritualistic killings occurred. Police abused, 
harassed, and intimidated detainees and citizens. Prison conditions 
remained harsh, and arbitrary arrest and detention occurred. Lengthy 
pretrial detention and denial of due process and fair public trial were 
problems. Some incidents of trial-by-ordeal were reported. Corruption 
and impunity continued in most levels of the Government. Violence 
against women, including rape, was a problem, and domestic violence was 
widespread. Some ethnic groups continued to practice female genital 
mutilation (FGM). Child abuse and sexual violence against children were 
problems, and a few cases of human trafficking were reported. Racial 
and ethnic discrimination continued, and instances of child labor were 
reported, especially in the informal sector.
    The Truth and Reconciliation Commission (TRC) held public hearings 
in all 15 counties, sent psychosocial teams throughout the country to 
help civil war victims, and collaborated with nongovernmental 
organizations (NGOs) to foster reconciliation in many communities.
                        respect for 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 any politically 
motivated killings; however, a land dispute between Margibi Senator 
Roland Kaine and Charles Bennie, director of foreign trade at the 
Ministry of Commerce, resulted in the deaths of at least 17 persons. 
Bennie hired youths from Monrovia to clear land on his farm along the 
border of Margibi and Grand Bassa counties. Local residents 
subsequently attacked the youths with guns and machetes, resulting in 
17 deaths and numerous injuries. Senator Kaine was indicted for 
ordering the attacks, and he remained in prison awaiting trial at 
year's end.
    On August 11, an agent of the Special Security Service (SSS) shot 
and killed one man and wounded two others in the red light neighborhood 
of Monrovia. The Government claimed that SSS agents, along with LNP 
officers, were responding to a reported armed robbery in progress, and 
that the SSS returned fire only after being fired upon by the alleged 
thieves. An investigation of the incident was ongoing at year's end.
    Land disputes-exacerbated by pressure from returning landowners and 
refugees as well as unclear land titles-resulted in numerous deaths 
during the year (See Section 2.d.).
    Unlike in the previous year, there were no reports that criminal 
gangs killed workers at the Sinoe rubber plantation, although reports 
continued of gang violence, theft, and other crimes against plantation 
workers.
    Ritualistic killings, in which body parts used in traditional 
indigenous rituals were removed from the victim, reportedly occurred. 
The number of such killings was difficult to ascertain since police 
sometimes described such deaths as homicides, accidents, or suicides, 
even when body parts were removed. There were no prosecutions for 
ritualistic killings during the year.
    There were continuing reports of mob violence. On February 13, a 
mob burned down a police station in Margibi County, resulting in the 
death of a detainee. On February 13 and April 3, angry mobs in Monrovia 
killed suspected criminals. On August 11, clashes between market 
vendors and criminals outside Monrovia resulted in several deaths.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, but there were 
reports that police officers and security officials employed them. 
Police sometimes abused, harassed, and intimidated persons, 
particularly during attempts to extort money on the streets. Several 
cases of reported police brutality were referred to the attention of 
police commanders; however, no action had been taken against the police 
officers by year's end.
    In May four LNP police officers of the antitheft unit were arrested 
and indicted for torturing suspects in January. On November 18, a judge 
dismissed the case during trial, citing the prosecutor's request to 
subpoena witnesses as justification for the dismissal.
    Unlike in the previous year, there were no reports that LNP members 
and UNMIL troops forcibly dispersed demonstrators and strikers.
    The UNMIL investigation into the June 2007 beating by LNP officers 
and UNMIL peacekeepers of students and journalists was ongoing at the 
end of the reporting period.
    Colonel Andrew Dorbor, who was arrested by Ivoirian security 
officers in February 2007 and extradited to Liberia to face treason 
charges, dropped his allegations of torture against the National 
Security Agency (NSA).
    The practice of trial by ordeal, which involves placement of a 
heated metal object on a suspect's body or the insertion of an 
extremity into hot oil to determine whether the defendant is telling 
the truth, continued in rural areas. Despite President Sirleaf's April 
2007 vow to punish perpetrators of trial by ordeal, no perpetrators 
were punished during the year. On June 28, the Ministry of the Interior 
banned the issuance of licenses for trial by ordeal, which the ministry 
had continued to issue despite the presidential ban.
    Mob violence and vigilantism-which resulted in part from the 
public's lack of confidence in the police and judicial system-resulted 
in injuries.
    During the year the UN Office of Internal Oversight Services and 
the UNMIL Conduct and Discipline Unit investigated eight reports of 
sexual exploitation and abuse by UN peacekeepers, UNMIL staff, UN 
private contractors, and implementing partners. Two cases were 
substantiated; the other six remained under investigation at year's 
end.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and in some cases life threatening. Women and juveniles were 
subject to abuse by guards and other inmates. Monrovia Central Prison 
held almost four times its capacity due to the large number of pretrial 
detainees. Prisons remained understaffed.
    On December 2, approximately 100 prisoners at Monrovia Central 
Prison overpowered guards and escaped. UNMIL Police Commissioner Henrik 
Stiernblad attributed the escapes to security lapses and the prison's 
old infrastructure.
    During the year some counties without adequate prison facilities 
transferred their prisoners to Monrovia; unlike in the previous year, 
there were no reports that containers with bars at one end were used 
for cells in some counties. The Government relied on the World Food 
Program and various NGOs to provide food to the prisons. The UN and 
NGOs continued to provide medical services. During the year both the 
Government and international partners continued renovations at several 
county prisons. Men and women were held together in some counties or 
cities with only one prison cell. In many counties juveniles and adults 
were held together, and pretrial detainees were generally held with 
convicted prisoners.
    The Government permitted the independent monitoring of prison 
conditions by local human rights groups, international NGOs, and the 
media. Some human rights groups, including national and international 
organizations, made regular visits to detainees held in police 
headquarters and to prisoners in Monrovia Central Prison.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, the Government did not always 
observe these prohibitions.

    Role of Police and Security Apparatus.--The Ministry of Justice has 
responsibility for enforcing laws and maintaining order within the 
country and oversees the LNP and the National Bureau of Investigation. 
Approximately 12,000 UNMIL peacekeepers and 1,100 UNPOL officers had 
primary responsibility for maintaining security. Initial training of 
new AFL recruits was completed during the year with the provision of 
basic and advanced training to 2,133 soldiers; trainees were scheduled 
to assume duty in 2009. Approximately 600 UNPOL officers and UN Formed 
Police Units (armed foreign police detachments assigned to UNMIL) 
assisted with monitoring, advising, and training the LNP. Since 2004 
UNPOL has recruited, screened, trained, and deployed 3,500 LNP 
officers; most were deployed in Monrovia, but 1,200 had deployed to the 
counties by year's end. The LNP operated independently and retained 
arrest authority; however, the SSS, which is responsible for 
presidential security, UNPOL, and armed UN Formed Police Units 
accompanied LNP officers on joint patrols around Monrovia. The LNP 
Women's and Children's Protection Section (WCPS) continued to establish 
offices outside Monrovia during the year.
    Members of the Emergency Response Unit (ERU), which was established 
during the year, received specialized training and were armed, unlike 
other LNP units. The ERU has 139 officers and is charged with 
conducting special police operations in antiterrorism, hostage rescue, 
internal security, tactical anticrime, and search and rescue.
    LNP officers were slow to respond to criminal activity and often 
ineffective, which resulted in an increase in armed robberies during 
the year. LNP salaries were low and not always paid on time, 
contributing to widespread corruption. Police had limited logistics, 
communication, and forensic capabilities and did not have the capacity 
to adequately investigate many crimes, including murders.
    During the year the LNP investigated reports of police misconduct 
and corruption, and authorities suspended or dismissed several LNP 
officers. For example, in December a grand jury indicted the deputy 
commissioner for criminal investigations and the chief of narcotics for 
theft and false statements; both cases were ongoing at year's end.
    Unlike in the previous year, there were no conflicts between police 
with overlapping jurisdictions; during the previous year 22 security 
officers were injured as a result of fighting between the LNP and 
Liberian Seaport Police.

    Arrest and Detention.--The constitution requires warrants to make 
arrests and provides that detainees either 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. In 
general most detainees are informed of the charges against them when 
they are arrested. The law provides for bail for all offenses except 
rape, murder, armed robbery, and treason. Detainees have the right to 
prompt access to counsel, visits from family members, and if indigent, 
to an attorney provided by the state, but the Government did not ensure 
such access for all detainees.
    Government officials were responsible for the arbitrary arrest and 
detention of citizens during the year.
    Acting on orders of House Speaker J. Alex Tyler, security forces on 
February 26 detained Darius Dillion, a member of the House of 
Representatives who was suspended for six months for testifying in 
court that House members had received bribes; Dillion was charged with 
bringing the House into public disrepute (See Section 3). On March 1, 
Dillion was released by order of the Supreme Court.
    In June, in Buchanan, a foreign citizen was jailed after he 
publicly claimed to have received death threats for refusing to bribe 
local officials; he was charged with ``criminal malevolence.''
    Although the law provides for the right of a person who is charged 
to receive an expeditious trial, lengthy pretrial and prearraignment 
detention remained serious problems. Approximately 93 percent of 
prisoners at Monrovia Central Prison were pretrial detainees. In some 
cases the length of pretrial detention exceeded the length of sentence 
that could be imposed for the crime. Trial delays were caused by 
judicial inefficiency, corruption, and lack of transport, court 
facilities, and qualified judges.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, judges were subject to 
political, social, familial, and financial pressures, and corruption 
persisted. The judicial system was largely nonfunctional and plagued by 
corruption. Judges regularly received bribes or other illegal gifts 
from damages that they awarded in civil cases. Judges sometimes 
requested bribes to try cases, release detainees from prison, or find 
defendants not guilty in criminal cases. Defense attorneys and 
prosecutors sometimes suggested that defendants pay a gratuity to 
appease or secure favorable rulings from judges, prosecutors, jurors, 
and police officers. By law magistrates must be lawyers; however, some 
were not.
    The judiciary is divided into four levels, including justice-of-
the-peace courts, magistrate courts, circuit and specialty courts, and 
the Supreme Court. In 2005 the Supreme Court ordered the closure of all 
justice-of-the-peace courts; however, some still operated during the 
year since no replacement courts had been established. The Supreme 
Court appointed judges to counties outside of Montserrado County (which 
includes Monrovia), but many judges and magistrates continued to 
abandon their posts, preferring to remain in Monrovia. Military and 
security tribunals cannot try civilians.
    Uneven application of the law and the unequal distribution of 
personnel and resources remained problems throughout the judicial 
system. Some judges were unable to hold court due to lack of security, 
supplies, equipment, or a courthouse. There was no effective system to 
provide public defenders in rural areas; however, government officials 
worked with international aid agencies to set up functional public 
defenders, raising the national total to approximately 17 qualified 
prosecutors and 13 public defenders. Four full-time public defenders 
were responsible for cases in Montserrado County.
    Traditional forms of justice administered by clan chieftains 
remained prevalent in some localities.

    Trial Procedures.--Trials are public, and juries are used in 
circuit court trials but not at the magistrate level. Under the 
constitution, defendants have the right to be present, to consult with 
an attorney in a timely manner, and to have access to government-held 
evidence relevant to their case; however, these rights were not always 
observed. Defendants enjoy a presumption of innocence and have the 
right to an attorney, to confront or question witnesses against them, 
present evidence and witnesses on their own behalf, and to appeal 
adverse decisions, but many of these protections were not available to 
defendants who could not pay bribes. Some local NGOs continued to 
provide legal services to indigents and others who had no 
representation. There continued to be long delays in deciding cases.
    The treason trials of George KouKou, the former speaker of the 
National Transitional Government, Colonel Charles Dorbor, and General 
Charles Julu all ended during the year; the three were accused in 2007 
of plotting to overthrow the Sirleaf government. On January 28, 
President Sirleaf announced that the Government was dropping its case 
against KouKou due to insufficient evidence; however, on January 29, a 
jury found Dorbor and Julu guilty of conspiring to stage a coup against 
President Sirleaf. Defense lawyers charged that the prosecution had 
bribed jurors to convict the defendants, and the presiding judge 
admitted that he, too, had been offered a bribe in exchange for a 
guilty verdict. A new trial was granted, and on May 2, both Julu and 
Dorbor were acquitted for lack of evidence.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
civil law court in Monrovia, but circuit courts in each county function 
as both criminal and civil courts. Specialty courts, such as the tax 
court, probate court, and labor court, also address civil matters. NGOs 
and the Government continued to establish mediation centers that worked 
on reducing court caseloads. There is no court to address lawsuits 
seeking damages for human rights violations. As with criminal courts, 
specialized courts were inefficient and corrupt. Administrative and 
judicial remedies were available to settle alleged wrongs.

    Property Restitution.--Despite a February 2007 ruling that the 
disputed land in Nimba County currently occupied by Gio and Mano 
persons should revert to the original Mandingo owners, no action was 
taken by year's end to assist the Mandingos in removing squatters. 
Efforts to make other acceptable land available were ongoing at year's 
end.

    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, persons were arrested for 
criticizing the Government, and there were some reports of security 
officials harassing journalists during the year.
    On September 27, the NSA arrested Mulbah Morlu, leader of the NGO 
Forum for the Establishment of a War Crimes Court in Liberia, for 
calling President Sirleaf a ``rebel'' on local television. Morlu was 
held at NSA headquarters until the president ordered him released on 
September 29.
    During the year the House of Representatives imprisoned a colleague 
for testifying in court about official bribery (See Sections 1.d. and 
3).
    The independent media was active and expressed a wide variety of 
views without restriction; however, journalists commonly accepted 
payments to publish articles.
    In Monrovia there were approximately a dozen newspapers that 
published during the year with varying degrees of regularity; six were 
independent dailies, and five were independent biweekly newspapers. The 
Government published the New Liberian newspaper. Due to the price of 
newspapers and transportation, the 55-75 percent illiteracy rate, and 
road conditions elsewhere in the country, newspaper distribution 
generally was limited to the Monrovia region.
    On January 30, Godfrey Beyan, a former general in the rebel 
National Patriotic Front, offered to pay an accomplice 60,000 Liberian 
dollars (approximately $1,000) to kill Sam O. Dean, the publisher of 
the Independent Newspaper, which was briefly closed in 2007 after it 
published explicit photos of a government minister. No action was taken 
against Beyan.
    Unlike in the previous year, the Government did not revoke the 
license of any newspaper, close offices, or force journalists to delete 
photos from their digital cameras. However, the chief justice ordered 
his security guards to confiscate the camera of a reporter who had 
taken his photograph at an official event. After a public outcry over 
the event, the chief justice apologized to the reporter and returned 
the camera.
    The investigation into the 2007 disturbance at the University of 
Liberia in which members of the media were beaten by LNP officers and 
UNMIL troops was ongoing at year's end.
    In October 2007 the chief justice of the Liberian Supreme Court 
summoned newspaper editors to his court and threatened to jail them for 
30 days if they misspelled his name or had his photo next to articles 
that did not mention him; however, no journalists were jailed for these 
issues, and no similar threats were made during the year.
    Radio remained the primary means of mass communication, and 
stations operated without government restrictions. UNMIL Radio and Star 
Radio provided nationwide coverage. In addition there were 13 
independent radio stations that regularly broadcast in Monrovia and 
reached neighboring counties, including the Government station LBS. 
There were approximately 24 local ``community radio'' stations that 
provided a combination of local programs and relay of programs in 
Monrovia.
    There were three local television stations; however, television was 
limited to those who could afford to purchase sets, generators, and 
fuel to provide electricity. For those persons and businesses with 
satellite capability, CNN, BBC, Skynews, Al Jazeera and SABC Africa 
generally were available.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was not widely available due to high cost and lack of 
infrastructure. High illiteracy also limited public exposure to the 
Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for the right of peaceful 
assembly; however, LNP officers forcibly dispersed demonstrators during 
the year, resulting in injuries.
    For example, on April 9, police forcibly disbursed students of 
Kendeja high school, which had been demolished to make room for a 
hotel. The students were demonstrating because construction of a 
replacement school had not been finished.
    Despite findings by a justice ministry panel in 2007 of police use 
of excessive force during a March 2007 demonstration by the Liberia 
Timber Workers Union, no action was taken against responsible LNP 
members.

    Freedom of Association.--The constitution provides for the right of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Christianity was the dominant religion, and most meetings, 
including official government meetings, began and ended with Christian 
prayers. Islamic leaders complained of some discrimination against 
Muslims.

    Societal Abuses and Discrimination.--Tension between the Christian 
majority and Muslim minority continued, particularly in Nimba County, 
where unresolved land disputes resulted in conflicts between Muslim 
Mandingos and Christian Gio and Mano groups. Throughout the year the 
Interreligious Council and other religious organizations promoted 
dialogue between religious groups.
    There were reports of ritual killings-the killing for body parts 
for use in traditional rituals-throughout the country. On July 16, a 
boy was found dead in Harper with missing body parts; on July 23, 
Patricia Patrick was found dead with body parts missing, and on October 
1, Vanie Boima was found dead with body parts missing in Margibi 
County. The Government treated such killings as homicides and 
investigated them accordingly, although there were no prosecutions 
during the year. There were multiple reports of protests against ritual 
killings, which at times led to riots and loss of life.
    There was no significant Jewish community in the country, and there 
were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. However, LNP and Bureau of Immigration officers occasionally 
subjected travelers to arbitrary searches and petty extortion at 
checkpoints.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use it.

    Internally Displaced Persons (IDPs).--A few former IDPs remained in 
closed camps throughout the year, although UNHCR assistance was no 
longer provided.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status and asylum during the 
year. In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government also provided temporary 
protection to individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol. The Government generally 
cooperated with the UNHCR and other humanitarian organizations in 
assisting refugees and asylum seekers.
    Land disputes between returning landowners who fled the war and 
IDPs who took over their land as well as between villages trying to 
accommodate refugees resulted in violence and death during the year.
    For example, on May 8, two persons were killed in a dispute after 
the residents of Wetchuken Village, Maryland County, accused the 
residents of nearby Rock Town of annexing farm land between the two 
settlements to build houses for returning refugees; authorities 
arrested 24 persons for involvement in the deaths. Approximately 1,000 
Wetchuken villagers staged a four-day protest in the county 
administration building in Harper to demand the dismissal of both the 
county superintendent and the police commissioner, both of whom they 
blamed for allegedly siding with the residents of Rock Town. An 
investigation was ongoing at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--In 2005 Ellen Johnson 
Sirleaf won the national presidential elections with 59.4 percent of 
the vote in a runoff election; voters also selected 30 senators and 64 
representatives.
    The state is highly centralized. The law provides that the head of 
state appoint county superintendents. Local governments had no 
independent revenue base and relied entirely on the central government 
for funds. As a result, there was very limited government functioning 
outside of Monrovia. Local officials served mainly to lobby the central 
government for funds to develop the counties they represented.
    During the year the Supreme Court ruled that the constitution 
authorizes the president to appoint county superintendents and mayors, 
thus relieving the Government of the expense of holding municipal 
elections; in 2007 the Government claimed it did not have sufficient 
money to hold municipal and chieftaincy elections.
    There were four female ministers, 12 female deputy ministers, five 
women in the Senate, nine women in the House of Representatives, five 
female county superintendents, and a female mayor of Monrovia. There 
were two female supreme court associate justices. Women constituted 33 
percent of local government officials and 31 percent of senior and 
junior ministers.
    Muslims occupied senior government positions, including one 
minister, one deputy minister, three senators, six representatives, one 
supreme court justice, and one county superintendent.

    Government Corruption and Transparency.--On August 21, the 
Anticorruption Act, which established the Anticorruption Commission, 
was signed into law; however, the law does not provide criminal 
penalties for corruption, which remained systemic throughout the 
Government. On September 17, the five members of the commission were 
sworn in, but at year's end the commission had only a minimal budget 
and was still creating its office. Official corruption was exacerbated 
by low pay levels for the civil service, lack of job training, and a 
culture of impunity. The General Auditing Commission and Ministry of 
Justice are responsible for combating official corruption. During the 
year the commission conducted the country's first comprehensive audits 
of government ministries, which were published and made available to 
the public. Political appointees were directed to submit financial 
disclosures, but few complied.
    Financial mismanagement decreased but was still a problem, along 
with lack of accountability, within government agencies. The Government 
dismissed or suspended a number of officials and was actively 
prosecuting former high-level government officials for corruption.
    During the year the House Judiciary Committee held hearings on 
former speaker Edwin Snowe's 2007 accusation that the executive branch 
paid 300,000 Liberian dollars (approximately $5,000) to each member of 
the House of Representatives to vote for his removal as speaker; Snowe, 
who supported Liberian diplomatic relations with Taiwan, claimed the 
money came from the Chinese government, a charge the Chinese government 
denied. On June 12, the committee ruled inadmissible Snowe's recordings 
of four accused representatives admitting they had accepted bribes, 
noting the recordings were taken without the defendants' knowledge. 
Both Snowe and Representative Samuel Bondo were suspended for one month 
for ``bringing the House into public disrepute.'' NGOs publicly 
expressed concern about the House's lack of independence and 
credibility in its investigation of Snowe and suggested that committee 
members were among those who received bribes.
    Approximately 12 corruption cases remained pending at year's end, 
including the 2007 embezzlement cases of Edwin Snowe, David Zarlee, 
J.D. Slanger, former finance minister Kamara, and former National 
Transitional Government of Liberia chairman Charles Gyude Bryant.
    During the year the Government continued to take steps to improve 
transparency. The Ministry of Finance published the national budget and 
quarterly financial results, and state-owned enterprises published 
financial statements. International financial controllers, placed in 
key ministries and state-owned enterprises under the Governance and 
Economic Management Assistance Program, continued to operate. 
Controllers helped improve financial management, purchasing, and 
contracting practices, and instituted financial controls that increased 
government revenues and helped to curb corrupt practices. However, 
government ministries and agencies did not always adhere to public 
procurement regulations, particularly with natural resource 
concessions.
    The law provides for ``no limitation on the public right to be 
informed about the Government and its functionaries,'' but little 
government information was available, and there were few procedures for 
obtaining it.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were generally 
cooperative and responsive to their views.
    There were three coalitions of human rights groups: the National 
Human Rights Center of Liberia with nine member organizations; the 
Network of Human Rights Chapters with eight groups; and the Human 
Rights and Protection Forum, an umbrella organization of 70 to 80 
groups. Approximately 40 groups, including members of the three 
coalitions, formed a civil society collective called the National Civil 
Society Organization. These coalitions sought to increase public 
discussion of human rights problems. Civil society NGOs continued to 
develop.
    During the year the Government worked to facilitate the free and 
safe passage of relief supplies by international NGOs and permitted 
visits by a UN panel of experts, the International Committee of the Red 
Cross, and various UN agencies.
    The nine commissioners appointed in 2007 by the president to the 
Government's Independent National Commission on Human Rights still 
awaited confirmation by the legislature at year's end.
    The investigation into the alleged 2006 LNP assault of an employee 
of the NGO Forum for Human Rights and Democracy was still ongoing at 
year's end.
    The case against former president Charles Taylor, whom the 
Government in 2006 transferred to the Special Court for Sierra Leone in 
The Hague to face war crimes charges, was ongoing at year's end.
    On January 8, the TRC initiated public hearings for the first time. 
The hearings, which continued through July 31, carried the theme 
``Confronting our Difficult Past for a Better Future'' and were 
conducted in all 15 counties. Traditional leaders organized forgiveness 
and reconciliation ceremonies in each county during the hearings, many 
of which reportedly had a profound effect on local citizens. During the 
year the TRC also sent psychosocial teams to help victims to all 
counties. The TRC held additional thematic hearings in Monrovia related 
to specific massacres and other conflict issues. Approximately 17,000 
witness statements from citizens inside and outside of the country were 
being coded and processed for analysis at year's end.
    Effectiveness of the TRC, which has been hampered by poor 
management, staff shortages, and disharmony among commissioners, 
improved during the year, although conflicts between commissioners 
continued.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on ethnic 
background, race, sex, creed, place of origin, disability, ethnic 
origin, or political opinion; however, the Government did not enforce 
these provisions effectively.
    The constitution enshrines discrimination on the basis of race, and 
only persons who are ``Negroes'' or of ``Negro descent'' can become 
citizens or own land. Differences stemming from the country's civil war 
continued to contribute to social and political tensions among ethnic 
groups, notably the Congos, Krahn, Mano, Gio, and Mandingo.

    Women.--On August 4, the president signed into law the Gender and 
Sexually Based Violence Bill, which designates a specialized court for 
rape trials and expedites rape cases through the court system. 
Sentences for rapists range from seven years to life imprisonment, and 
accused rapists are ineligible for bail; however, the Government did 
not effectively enforce the law. The law does not specifically 
criminalize spousal rape. The WCPS unit of the LNP stated that 
approximately 275 rape cases were reported to the unit during the year, 
of which 202 were prosecuted, resulting in 21 convictions and 181 cases 
still pending; approximately 400 rape cases were reported in the 
previous year. The stigma of rape contributed to the pervasiveness of 
out-of-court settlements and obstructed prosecution of cases. 
Inefficiency in the justice system also prohibited timely prosecution 
of cases, although local NGOs pushed for prosecution and sometimes 
provided lawyers to indigent victims. The Government raised awareness 
of the issue of rape through billboards, radio broadcasts, and 
publicity campaigns.
    The law prohibits domestic violence; however, it was a widespread 
problem. The maximum penalty for domestic violence is six months' 
imprisonment, but the Government did not enforce the law effectively. 
The Government and the media made some efforts to publicize the 
problem, and several NGOs continued programs to treat abused women and 
girls and to increase awareness of their rights. LNP officers received 
training on sexual offenses as part of their initial training. In 2007 
the Gender Based Violence (GBV) Secretariat completed a national action 
plan, and during the year the Ministry of Gender and Development 
organized workshops and seminars to create awareness of GBV.
    Although prostitution is illegal, it was widespread.
    The law does not prohibit sexual harassment, and it was a major 
problem, including in schools and at places of work.
    Women have not recovered from the setbacks caused by the war, when 
many schools were closed, and they were prevented from maintaining 
their traditional roles in the production, allocation, and sale of 
food. Thousands of women remained displaced, preventing them from 
pursuing livelihoods or education.
    Women and men enjoy the same legal status. Women can inherit land 
and property, receive equal pay for equal work, and were allowed to own 
and manage businesses. A number of businesses were female-owned or 
operated. The Government prohibits polygyny; however, traditional laws 
permit men to have more than one wife. No specific office exists to 
ensure the legal rights of women, but the Ministry of Gender and 
Development was generally responsible for promoting women's rights.

    Children.--The Government did not fully provide for the education 
and health of children, but it continued to improve these services, and 
the budget for children's health and education increased during the 
year.
    Many parents of children born at home did not register their 
children, which sometimes resulted in denial of public services. During 
the year the Ministry of Health worked to increase birth registrations.
    The Government eliminated fees for primary school, but fees 
continued for secondary school, and the Government was unable to 
provide for the needs of the majority of children. School-related costs 
remained high, thereby making education unattainable for significant 
numbers of school-age children. In both public and private schools, 
families of children often were asked to provide their own uniforms, 
books, pencils, paper, and even desks. For primary education, the 
national enrollment ratio was 53 percent for boys and 47 percent for 
girls.
    Widespread child abuse continued, and reports of sexual violence 
against children increased during the year. Civil society organizations 
reported increased incidence of rape of girls under 12.
    On June 26, the Government sentenced Issac Carr and Alphonso 
Kerkula to life imprisonment for the gang rape of a child in Monrovia, 
and on July 21, a child rapist was convicted in Bong County.
    On September 22, Grand Bassa County Senator Nathaniel Innis was 
indicted for aggravated assault on his niece in July. Although Innis 
denied attacking the girl, who sustained numerous bruises, he publicly 
blamed ``the devil'' and accused the media of exaggerating the incident 
for political purposes. Several local human rights groups called for 
the senator's prosecution; however, charges against the senator were 
dropped in November.
    The law does not specifically prohibit female genital mutilation 
(FGM), and the Government took no action against FGM during the year. 
FGM traditionally was performed on young girls belonging to northern, 
western, and central ethnic groups, particularly in rural areas. The 
most extreme form of FGM, infibulation, was not practiced. Victims of 
FGM died from the procedure during the year. Traditional institutions, 
such as the secret Sande Society, often performed FGM as an initiation 
rite, making it difficult to ascertain the number of cases.
    During the year there were reports that young women and girls 
engaged in prostitution for money, food, and school fees.
    Despite international and government attempts to reunite children 
separated from their families during the civil war, there were still 
many children who lived on the streets in Monrovia. It was difficult to 
tell who were street children, former combatants, or IDPs. Nearly all 
children had witnessed atrocities during the 14-year civil war, and 
some children had committed atrocities.
    The Government continued to close unregistered orphanages during 
the year; however, regulation of orphanages continued to be very weak. 
Many unofficial orphanages also served as transit points or informal 
group homes for children, some of whom had living parents who had given 
up their children for possible adoption. Orphanages were underfunded 
and had difficulty providing basic sanitation, adequate medical care, 
and appropriate diet. They relied primarily on private donations and 
support from international organizations, such as the UN Children's 
Fund and the World Food Program, which provided food and care 
throughout the year. Many orphans lived outside these institutions.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were police reports that persons were trafficked within 
the country, particularly for domestic work and other labor. Although 
no national database on trafficking exists, seven trafficking cases 
were recorded between March 2007 and February 2008, according to the 
National Antitrafficking Task Force. Of the seven, three persons were 
charged with criminal facilitation, and all were being prosecuted at 
year's end. Young women and children were at a particularly high risk 
for trafficking, especially orphans or children from extremely poor 
families. Trafficking victims often were subjected to harsh living and 
working conditions.
    Traffickers enticed their victims with promises of a better life. 
Victims generally were not related to traffickers, although they were 
often from the same village. Parents of trafficking victims were 
persuaded that their children would have better food and educational 
opportunities and would eventually return home.
    Penalties for trafficking range from one year to life in prison. 
Monetary restitution to victims is also provided for in the law. The 
law was widely disseminated among law enforcement personnel, although 
lawyers and judges were often unfamiliar with it. The ministries of 
Justice and Labor have primary responsibility for combating 
trafficking, but enforcement efforts were weak, and there were no 
convictions for trafficking during the year.
    In December authorities arrested three suspects for allegedly 
recruiting 33 children in Liberia, Sierra Leone, and Guinea. One of the 
suspects, Francis Dogbyou, recruited 50 schoolchildren in Bong, 
Margibi, Bomi, and Grand Cape Mount counties. Two other suspects, who 
described themselves as imams, were arrested in Lofa County with 65 
children allegedly recruited in Guinea, Sierra Leone, and Liberia. The 
case against the man arrested in 2007 for trying to sell a child in 
Monrovia remained pending at year's end.
    The Government had limited capacity to provide services to victims; 
however, NGOs and church groups provided shelter for abused women and 
girls, including trafficking victims.
    International NGOs, local NGOs, and churches worked with the 
Government to raise awareness about trafficking, and the WCPS continued 
to address trafficking issues. The National Antitrafficking Task Force 
appointed by the president in 2006 continued to meet during the year; 
however, it had no program budget. The task force held a three-day 
workshop for government officials and NGOs during the year.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although it is illegal to discriminate 
against persons with physical and mental disabilities, such persons did 
not enjoy equal access to government services. No laws mandate access 
to public buildings. Streets, schools, public buildings, and other 
facilities were generally in poor condition and inaccessible to persons 
with disabilities. Many citizens had permanent disabilities as a result 
of the civil war. Persons with disabilities faced societal 
discrimination, particularly in rural areas; however, unlike in the 
previous year, there were no reports that babies with deformities were 
sometimes abandoned.
    The Ministry of Health and Social Welfare is responsible for 
protecting the rights of persons with disabilities. During the year the 
ministry conducted a series of sensitization programs for government 
social workers about persons with disabilities. NGOs provided some 
services to persons with disabilities.

    National/Racial/Ethnic Minorities.--Although the law prohibits 
ethnic discrimination, racial discrimination is enshrined in the 
constitution, which provides that only ``persons who are Negroes or of 
Negro descent'' may be citizens or own land. Many persons of Lebanese 
and Asian descent who were born or lived most of their lives in the 
country were denied citizenship and the right to own property as a 
result of this racial discrimination.
    The country has 16 indigenous ethnic groups; each speaks a distinct 
primary language and was concentrated regionally. Differences involving 
ethnic groups continued to contribute to social and political tensions.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence based on sexual orientation or against persons with 
HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to freely form 
or join independent unions of their choice without prior authorization 
or excessive requirements. The law also provides workers, except 
members of the military, police, and civil service, the right to 
associate in trade unions, and workers exercised this right in 
practice. The law allows unions to conduct their activities without 
interference, and the Government protected this right in practice. The 
law prohibits unions from engaging in partisan political activity. 
Workers, except members of the civil service, have the right to strike. 
Union power increased during the year through increased membership at 
major plantations; however, the country's largely illiterate workforce 
engaged in few economic activities beyond subsistence level.
    Unlike in the previous year, the Government did not interfere with 
union elections; in 2007 the minister of labor suspended the leadership 
of the Aggrieved Workers Union.
    The law does not prohibit retaliation against strikers; however, 
there were no such incidents during the year.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law, and these laws were effectively 
enforced. With the exception of civil servants, all workers have the 
right to organize and bargain collectively.
    The law does not prohibit antiunion discrimination, but there were 
no reports of such discrimination 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 the employment and apprenticeship of children under the 
age of 16 during school hours; however, the Government did not 
effectively enforce the law. Child labor was widespread in almost every 
economic sector, in large part due to extreme poverty. Throughout rural 
areas, particularly where there were no schools, small children 
continued to take care of younger brothers and sisters and to work on 
family subsistence farms. In urban areas children assisted their 
parents as vendors in markets or hawked goods on the streets. During 
the year there were reports that children were tapping rubber at 
smaller plantations and private farms. There were also unconfirmed 
reports that children were forced to work in conditions that were 
likely to harm their health and safety, such as stone cutting or work 
that required carrying heavy loads. Some children were engaged in 
hazardous labor in the alluvial diamond industry and in agriculture.
    The Ministry of Labor's Child Labor Commission was responsible for 
enforcing child labor laws and policies; however, the commission was 
understaffed and generally focused on awareness. There were no 
government programs to prevent child labor or to remove children from 
such labor. International NGOs continued to work to eliminate the worst 
forms of child labor by putting at-risk children in school. Other local 
and international NGOs worked to raise awareness about the worst forms 
of child labor.

    e. Acceptable Conditions of Work.--The national law requires a 
minimum wage of 15 Liberian dollars (approximately $0.25) per hour, not 
exceeding eight hours per day, excluding benefits, for unskilled 
laborers. The law does not fix a minimum wage for agricultural workers 
but requires that they be paid at the rate agreed in the collective 
bargaining agreement between workers' unions and their management, 
excluding benefits. Skilled labor has no minimum fixed wage, and the 
minimum wage for civil servants was raised during the year from 3,300 
Liberian dollars ($55) to 4,200 Liberian dollars ($70) per month.
    The relatively scarce minimum wage jobs did not provide a decent 
standard of living for a worker and family. Families dependent on 
minimum wage incomes also engaged in subsistence farming, small scale 
marketing, and begging.
    The law provides for a 48-hour, six-day regular workweek with a 30-
minute rest period per five hours of work. The six-day workweek may be 
extended to 56 hours for service occupations and to 72 hours for 
miners, with overtime pay beyond 48 hours. The law also provides for 
pay for overtime and it prohibits excessive compulsory overtime.
    The law provides for paid leave, severance benefits, and safety 
standards, but enforcement was targeted solely at foreign-owned firms 
that generally observed these standards.
    The Ministry of Labor lacked the ability to enforce government-
established health and safety standards. 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 severe economic problems, most 
citizens were forced to accept any work they could find regardless of 
wages or working conditions.

                               __________

                               MADAGASCAR

    Madagascar is a multiparty democracy with a population of 
approximately 18 million. President Marc Ravalomanana, who was elected 
to a second term in 2006, and his party, Tiako-I-Madagasikara (TIM), 
dominated political life. The legislative elections in September 2007 
and April were generally free and fair, although international and 
domestic observers noted the continued unanswered need for electoral 
reforms. The civilian authorities generally maintained effective 
control of the security forces.
    The following serious human rights problems were reported: unlawful 
killings; security force abuse; harsh prison conditions that resulted 
in deaths; arbitrary arrest; lengthy pretrial detention; censorship; 
official corruption and impunity; societal discrimination and violence 
against women and children; trafficking of women and children; and 
child 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.--The Government or 
its agents did not commit any politically motivated killings. However, 
police and gendarmes throughout the country used unwarranted lethal 
force during pursuit and arrest.
    In September a suspected criminal was killed during pursuit and a 
bystander injured by police gunfire in an Antananarivo market. In a 
similar incident in October in Ankasina, a suspected thief was injured 
by gunfire after fleeing from the police. In June 2007 gendarmes in 
Bekoby, near the northwestern town of Majunga, shot and killed two 
brothers for stealing a neighbor's cow; that same month a gendarme 
slashed another suspect's leg with a machete during pursuit and arrest, 
and the man bled to death after a day of questioning and beating. No 
action was taken against security forces responsible for such killings.
    There were no reports that demonstrators died as a result of police 
use of excessive force.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law provide for the inviolability of 
the person; however, security forces subjected prisoners to physical 
abuse, including rape. In September 2007 a 17-year-old boy in Ilemby 
accused of stealing cattle had his head submerged in a river by a 
gendarmeaccording to the local nongovernmental organization (NGO) 
S.O.S. Victimes. The boy spent three days in prison and was released 
after his family agreed to pay 800,000 ariary (approximately $400) to 
the gendarme. At year's end the family was still completing its 
payment. There were no other developments in the case.
    In October 2007 a 15-year-old in Ambohimangakely, near the capital, 
Antananarivo, was arrested after being accused of stealing a cellular 
telephone. In prison he was undressed, physically abused, and not given 
anything to eat for 48 hours. After he fainted, the police sent him to 
a local hospital. In November 2007 the boy was acquitted for lack of 
evidence. There was no further action on the case.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and life threatening. Severe overcrowding due to weaknesses in 
the judicial system and inadequate prison infrastructure remained a 
serious problem; pervasive pretrial detention continued, although 
Ministry of Justice (MOJ) efforts reduced the number of such detainees 
during the year. As of December the country's 82 facilities held 
approximately 16,555 prisoners, according to the Ministry of Justice, 
exceeding intended capacity by up to one-third.
    Chronic malnutrition, which affected up to two-thirds of detainees 
in some prisons, was the most common cause of death. The Ministry of 
Justice's efforts in 2007 to raise prisoners' daily food ration to 750 
grams (typically dry manioc, rice, or cassava) had not been fully 
implemented by year's end; families and NGOs supplemented the daily 
rations of some prisoners.
    The MOJ reported 48 prison deaths during the year, a slight 
reduction over the same period in 2007, although NGOs and media sources 
indicated that there was substantial underreporting of this figure.
    Malnutrition and a lack of hygiene made detainees vulnerable to 
disease, including epidemics. Deteriorating prison infrastructure-
including a lack of sanitary facilities and potable water-resulted in 
skin disease, insect infestation, and other health risks. Access to 
medical care was limited, although NGOs reported limited success in 
targeted sanitation activities at several facilities in the north of 
the country.
    The Government's 2007 national action plan to rehabilitate and 
improve prison conditions had some success in reducing the number of 
pretrial detainees, but there was little change in other target areas.
    Church leaders and some NGOs reported that rape was commonplace in 
prisons and often used by prison guards and other inmates to humiliate 
prisoners. Other organizations stated that while rape cases were the 
exception, prisoners often prostituted themselves in jail for food. 
Prisoners could be used as forced labor.
    Juveniles were not always held separately from the adult prison 
population, and some preschool age children shared cells with their 
incarcerated mothers. Pretrial detainees were seldom kept separate from 
the general prison population.
    The Government generally permitted independent monitoring of prison 
conditions by the International Committee of the Red Cross and several 
local NGOs, and such visits occurred during the year. ICRC visits were 
conducted two to three times during the year to each facility, with 
private consultations in accordance with ICRC standard modalities.

    d. Arbitrary Arrest or Detention.--The constitution and law provide 
for due process for persons accused of crimes and prohibit arbitrary 
arrest and detention. However, the Government did not always respect 
these provisions in practice, permitting arrest on vague charges and 
detaining suspects for long periods without trial.

    Role of the Police and Security Apparatus.--Following reforms in 
October, the minister for internal security heads the National Police, 
the Gendarmerie, and a planned Coast Guard, with authority for law and 
order in both urban and rural areas. The Gendarmerie had previously 
been under the authority of the Ministry of Defense.
    Lack of training and equipment, low salaries, and rampant 
corruption were problems in the National Police and Gendarmerie. The 
MOJ established four legal clinics in 2007 to assist victims of human 
rights violations; however, no report on their activities was made 
available by year's end.
    The Independent Anticorruption Bureau (BIANCO) is a nominally 
independent government agency, with a presidentially appointed director 
and oversight from the Committee for the Safeguard of Integrity within 
the presidency. BIANCO opened investigations into allegations of 
security force abuses including corruption and blackmail, and provided 
training in judicial reforms to the security forces.

    Arrest and Detention.--Although the law requires that arrest 
warrants be obtained in all cases except those involving hot pursuit, 
often persons were detained and jailed based on accusations. Defendants 
have a general right to counsel and the right to be informed of charges 
against them, but this was not always respected. A system of bail 
exists depending on the crime, with bail frequently denied for more 
severe or high profile crimes. Magistrates often resorted to a ``mandat 
de depot'' (retaining writ) by which defendants were held in detention 
for the entire pretrial period. In May 2007 the Government adopted a 
new law that limits the duration of pretrial detention and regulates 
the use of the mandat de depot, including new regulations that limit 
the duration of detention based on the type of crime, with a new 
maximum of eight months for criminal cases. Family members of prisoners 
generally were allowed prompt access to prisoners; however, access to 
certain prisoners, such as those in solitary confinement, was more 
limited.
    The MOJ reported that approximately 50 percent of the prison 
population was in pretrial detention. The law mandates that a criminal 
suspect be charged or released within 48 hours of arrest; however, the 
Government often detained individuals for significantly longer before 
charging or releasing them. Poor record keeping, an outdated judicial 
system that favors keeping the accused in detention until their trial 
an insufficient number of magistrates, lack of resources, and difficult 
access in remote areas contributed to lengthy pretrial detention, 
ranging from several days to multiple years. Many detainees spent a 
longer period in investigative detention than they would have spent 
incarcerated following a maximum sentence on the charges faced.
    The Government's recent steps to address some of these issues have 
started to reduce the number of pretrial detainees and increase the 
number of prisoners released on ``conditional liberty.'' Human rights 
training by UNDP and the National School for Magistrates was ongoing 
for magistrates, NGOs, journalists, and investigative police.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the judiciary was susceptible to 
executive influence at all levels and corruption remained a serious 
problem.
    The judiciary is under the MOJ and has four levels. Courts of first 
instance hear civil cases and criminal cases carrying lesser fines and 
sentences. The Court of Appeals includes a criminal court of first 
instance for cases carrying sentences greater than five years. The 
Supreme Court of Appeals hears appeals of cases from the Court of 
Appeals. The High Constitutional Court reviews the constitutionality of 
laws, decrees, ordinances, and electoral disputes. The judiciary also 
includes specialized courts designed to handle matters such as cattle 
theft.
    Military courts are reserved for the trial of military personnel 
and generally follow 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 law provides traditional village institutions 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 villagers over such issues as cattle rustling.

    Trial Procedures.--The constitution and law provide defendants with 
the right to a full defense at every stage of the proceedings, and 
trials are public. Defendants have the right to be present at their 
trials, to be informed of the charges against them, to call and 
confront witnesses, to present evidence, and to appeal convictions. The 
law extends these rights to all citizens without exception.
    The Government is required to provide counsel for all detainees who 
cannot afford their own attorney; however, many citizens were not aware 
of this right in practice. Attorneys have access to government-held 
evidence but this right does not extend to defendants without 
attorneys. The law provides for a presumption of innocence; however, 
the presumption of innocence was often overlooked. While the law 
provides that juries can be used in all cases, in practice, juries were 
used only in labor disputes.

    Political Prisoners and Detainees.--Government, opposition, and 
civil society organizations disagree on the existence of political 
prisoners in Madagascar. Although no numbers are currently available, 
several well-known politicians are imprisoned, serving what are seen as 
excessive sentences for crimes of reportedly questionable legitimacy. 
Pety Rakotoniaina, a former Mayor of Fianarantsoa and contender in the 
2006 presidential election, is currently serving a 14-year sentence for 
the theft of an official vehicle. His lengthy sentence is seen by the 
opposition and media as the result of his vocal support for General 
Fidy Andrianafidisoa, currently imprisoned for a 2006 coup attempt 
against the president.
    The classification of some prisoners remains difficult due to the 
effects of corruption and intimidation in the judicial process. These 
prisoners generally received equal treatment to that of other 
prisoners, and international humanitarian organizations were permitted 
access to them.

    Civil Judicial Procedures and Remedies.--The judiciary's 
independence and impartiality was compromised by corruption, as 
indicated by BIANCO investigations and public perception. The judiciary 
deals with all civil matters, including human rights cases. However, 
the courts often encountered difficulty in enforcing judgments in civil 
cases.

    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 and law provide 
for freedom of speech and of the press. Citizens could criticize the 
Government on many subjects without fear of reprisal, but the 
Government attempted to impede political criticism. There were no 
reports of government officials arresting journalists during the year; 
however, one television station was closed, several radio stations were 
temporarily suspended and programs cancelled for alleged criticism of 
the Government. To maintain access to sources, journalists practiced 
extensive self-censorship.
    There were 13 privately owned major daily newspapers and many other 
privately owned national and local news publications that were 
published less frequently. Le Quotidien, which is owned by the 
president, was the newspaper most heavily influenced by the state. The 
Government owned nationwide television and radio networks. The 
president's privately owned television and radio station, MBS, was 
permitted to broadcast nationally, a right denied to all other private 
stations. There were approximately 256 other radio stations and 39 
other television stations.
    In May the foreign editor of L'Express, a major Antananarivo 
newspaper, was allegedly expelled from the country. In October the 
prime minister implied in a statement to the press that the activities 
of critical media could be construed as criminal. While a wide variety 
of views can be found in print media, electronic media generally 
refrain from criticizing the Government, and those working for private 
media were expected to follow the political line of the station owner. 
Government agencies, private companies, and political parties sometimes 
bribed journalists, who generally received minimum or below minimum 
wages, to ensure positive coverage of certain events.
    In December Antananarivo television station ``VIVA'' was closed 
after airing a speech by former president Didier Ratsiraka, with the 
Government citing concerns that it could ``disturb order and public 
securit.''. Andry Rajoelina, owner of VIVA and Mayor of Antananarivo, 
has used the closure to garner support among opposition figures, and he 
has publicly challenged the Government over what he considers to be a 
politically-motivated campaign against him. This dispute worsened by 
the end of the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Public access to the Internet was limited mainly to urban areas; modern 
technology and the necessary infrastructure were generally absent in 
rural areas.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly and 
the Government generally respected this right in practice. Unlike in 
the previous year, however, there were reports that government 
officials impeded opposition meetings in several locations around the 
country.
    From August through October, several opposition groups were denied 
permission to hold meetings in several cities, including Antananarivo, 
Fianarantsoa, and Tamatave. In several cases, authorization was 
withheld by the police, citing public safety, security concerns, or 
lack of justification for the event. Several groups held their events 
regardless, and opposition leaders were arrested or detained for these 
activities. Opposition leader Henri Lecacheur was given a three-month 
suspended sentence in September for allegedly holding an unauthorized 
rally in Antananarivo in August.
    For several weeks starting in late April, public demonstrations in 
Tulear, Diego Suarez, and Tamatave, originating with students' 
grievances against blackouts and study conditions, led to clashes 
between security forces and demonstrators. Protestors threw rocks at 
police, set fire to a public building in Tulear, took the regional 
director of Tulear's penitentiary administration hostage, and looted 
shops. Police responded by releasing tear gas and firing shots to 
disperse the crowd; one person was shot in the leg. All arrested 
protestors were released; some received suspended prison sentences for 
inciting violence and disturbing public order. There is no record 
available of any further actions in this case.

    Freedom of Association.--The constitution and law provide for the 
right of association and permit citizens to organize political parties 
and associations. The Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. However, some Muslims felt marginalized by the Government 
and expressed concern about their legal status. They expressed 
reluctance to openly advertise some of their activities as ``Islamic'' 
for fear of discrimination, although there were no reliable reports of 
explicit discrimination by the Government except regarding pending 
citizenship applications (See Section 2.d.).
    An April 2007 constitutional referendum eliminated the explicit 
separation of church and state but did not diminish legal protection 
for freedom of religion. However, secular NGOs and other churches 
reported favoritism for the Protestant FJKM, with which President 
Ravalomanana is affiliated, and assert that the constitutional changes 
have legitimized a certain amount of interference.
    In August 2007, following a two-year ban, the Government reopened 
the New Protestant Church in Madagascar, now renamed. The Universal 
Church of the Kingdom of God remained banned during the year.
    In May 2007 Jesuit missionary Father Sylvain Urfer was deported to 
France on grounds that his entry visa had expired, although he had 
lived in Madagascar since 1974 and held a permanent visa since 1992. 
Some human rights activists claimed Urfer's expulsion was connected to 
his religious activities, while others cited his open criticism of the 
Government as the reason. As of October the Supreme Court had not yet 
ruled on the case, and Urfer remained abroad.

    Societal Abuses and Discrimination.--There were no reports during 
the year of societal abuses or discrimination based on religious belief 
or practice.
    The country has a very small Jewish population, and there were no 
reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice. The 
constitution does not explicitly prohibit forced exile; however, the 
Government did not use it in practice. Former president Ratsiraka and 
some members of his administration remained in self-imposed exile.

    Protection of Refugees.--The law does not include provisions for 
the granting of asylum or refugee status, but the Government has 
established a system for providing protection to refugees. In practice 
the Government provided protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
The Government granted refugee status or asylum and cooperated with the 
UN High Commissioner for Refugees and other humanitarian organizations 
in assisting the small number of refugees in the country.

    Stateless Persons.--An arcane system of citizenship laws and 
procedures has resulted in a large pool of stateless persons in the 
minority Muslim community, many of whom have lived in the country for 
generations. Reliable figures remain unavailable, but Muslim leaders 
estimated as many as 5 percent of the estimated two million Muslims 
were affected. Citizenship is transmitted through ``bloo.''; birth on 
Malagasy soil does not transmit citizenship. Children born to a 
Malagasy mother and non-Malagasy father must be declared by a certain 
age or risk losing eligibility for citizenship. Some members of the 
Karana community of Indo-Pakistani origin who failed to register for 
Malagasy or Indian citizenship following India's independence in 1947 
were no longer eligible for either. Members of the wider Muslim 
community suggested that a Muslim-sounding name alone could delay one's 
citizenship application indefinitely. Lack of citizenship precluded 
voting rights and limited international travel without a passport.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice by 
voting in presidential, legislative, and municipal elections.

    Elections and Political Participation.--Indirect elections to the 
33-member senate were held in April, with the ruling TIM party winning 
all 22 elected seats, with the remaining 11 members appointed by the 
president. Allegations of campaign and voting irregularities surfaced 
during and after the election, but no conclusive legal action was 
taken.
    The December 2007 municipal elections were initially declared free, 
fair and peaceful, but local observers noted minor irregularities in 
some elections advantaging ruling party candidates over others. The 
Council of State overturned results in several mayoral contests, citing 
localized miscounting and improper involvement of TIM candidates. By 
August TIM had lost 16 mayoral positions in court, and gained six 
others. TIM did not interfere when an independent won in Antananarivo, 
but an ongoing feud between the mayor and the Government over the last 
year has seen national government officials interfering with the 
mayor's financial independence and administrative authority in the 
capital. This culminated in a conflict over the closure in December of 
the mayor's private television station, VIVA, that was ongoing at the 
end of the year.
    In September 2007 the country held a calm and relatively orderly 
legislative election marked by a low 46 percent voter turnout. The 
result was a National Assembly in which all but 22 of 127 legislators 
were TIM party members. A number of domestic and international observer 
teams deemed the election generally free and fair, despite minor 
irregularities that did not affect the overall results. However, media 
coverage included unconfirmed reports of government interference and 
pressure at the local level, namely regional chiefs either promising 
local leaders rewards or threatening dismissal if the ruling TIM party 
candidate was not elected in their areas. Election observers also noted 
persistent structural shortcomings, including the need for an 
independent electoral commission, the need to revise the electoral code 
to include sanctions against fraud and to regulate campaign financing, 
and the lack of a single ballot that could potentially disadvantage 
candidates who could not afford to print their own ballots or if the 
Government failed to adequately distribute their ballots.
    Former deputy prime minister Pierrot Rajaonarivelo continued from 
abroad to appeal his conviction; the last appeal filed in May 2007 was 
still pending at year's end.
    There were four women in the cabinet, 10 women in the 127-member 
National Assembly, and five women in the 33-member Senate. Three of the 
22 appointed regional administrators were women.
    There were 11 Muslims and seven Chinese-Malagasy members in the 
National Assembly and eight Muslims in the Senate. Chinese-Malagasy and 
Muslims also held civil service positions. However, residents of Indo-
Pakistani origin were not well-represented in the Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively. The World Bank's Worldwide Governance 
Indicators reflected that corruption was a problem, as was impunity. 
NGOs and the media reported that anticorruption efforts were more 
effective in pursuing low-level violators, with less success in 
attacking corruption at the national government level.
    During the year the Government created an anti-money laundering 
agency, SAMIFIN, and a separate ethics unit within each ministry. 
BIANCO, the Government's Independent Anti-Corruption Bureau, and the 
MOJ signed an agreement in June for increased cooperation concerning 
data collection and case referrals.
    BIANCO monitored a network of drop boxes for public complaints in 
each of the country's 111 districts, and had received 9,690 complaints 
during the year; of these, 1,167 were considered worthy of pursuit, and 
in December the agency had 1,095 open investigations.
    In October 2007 a court sentenced the former mayor of Tamatave, 
Roland Ratsiraka, to 18 months of ``suspended'' prison time for 
awarding a bid to his own garbage collection company. In August 2007 
six persons were arrested for embezzling 10.8 billion ariary 
(approximately six million dollars) from the Central Bank in Manakara; 
the director of the Central Bank and two of his staff reportedly fled 
abroad to avoid arrest.
    Public officials at the director-general level and above were 
subject to financial disclosure laws, excluding the president. In 
practice, only 33 percent of those required to disclose did so during 
the year.
    There are no laws providing for public access to government 
information. Educational material on anticorruption, including 
statistics updated every quarter, was available to citizens and 
noncitizens, including foreign media, while cases under investigation 
were considered confidential.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views. The constitution and law 
require the Government to create apolitical organizations that promote 
and protect human rights. While no single entity bears sole 
responsibility for the status of human rights in the country beyond the 
standard judicial system, responsibilities have been delegated to 
several organizations covering specific elements such as child labor 
and domestic violence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit all forms of discrimination; 
however, no specific government institutions were designated to enforce 
these provisions.

    Women.--The law prohibits rape in general but does not specifically 
refer to spousal rape. Penalties ranged from three years to life in 
prison, depending on factors such as the victim's age, the rapist's 
relationship to the victim, and whether the rapist's occupation put him 
or her in contact with children. Rapes committed against children and 
pregnant women were punishable by hard labor. An additional two to five 
years' imprisonment could be added in the case of assault and battery, 
and the Government generally enforced these penalties. The Brigade of 
Morals and Minors reported receiving 10 to 12 rape-related complaints a 
day throughout the country. There were 217 cases of rape reported 
during the year in Antananarivo, of which 130 were investigated.
    The law prohibits domestic violence, but it remained a significant 
problem. In 2007 the Government's National Institute for Public Health 
estimated that 55 percent of women were victims of domestic violence. 
The UN Population Fund (UNFPA) estimated in June 2006 that one out of 
three women in southern and south-eastern Madagascar would suffer from 
violence at some point in her life. A 2007 survey on conjugal violence 
conducted by the Ministry of Health in collaboration with two NGOs 
found that of 400 women surveyed in Antananarivo, 45 percent were 
subjected to psychological violence, and 35 percent were victims of 
physical violence. Police and legal authorities generally intervened 
when physical abuse was reported. The Ministry of Health continued 
working with NGOs in Antananarivo and Fianarantsoa to provide victims 
with legal advice. Statistics on the number of domestic abusers 
prosecuted, convicted, or punished were unavailable.
    Prostitution is not a crime, but related activities, such as 
pandering and incitement of minors to debauchery, are criminal. 
Prostitution was pervasive and particularly visible in areas frequented 
by tourists. Sex tourism was an increasing problem with the growth of 
the tourism industry. The Government continued with its national 
awareness campaign by posting signs throughout airports and hotels, 
including a full-page warning against engaging in sex tourism in the 
customs booklet given to arriving international passengers. In December 
2007 the Government adopted a law modifying the criminal code to define 
child sexual exploitation, child sex tourism, child pornography and 
trafficking in persons, and stipulating sanctions for the authors of 
such crimes, particularly when committed against children. NGOs 
reported that the law has been used in court on several occasions, but 
has not yet resulted in a prosecution.
    Sexual harassment is against the law, but the practice was 
widespread, particularly in export processing zone (EPZ) factories. The 
UNFPA estimated that 50 percent of women working in EPZs were victims 
of sexual harassment. The Government enforced sexual harassment laws 
when brought to court; however, there were no reported cases during the 
year.
    Women generally enjoy the same legal status as men. 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 ended. Widows with children inherit half of joint marital 
property; however, a husband's surviving kin have priority over widows 
without children. 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. Although the country is party to Convention 
for the Elimination of all Forms of Discrimination Against Women there 
was no special government office to ensure the legal rights of women.
    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. 
More traditional social structures in rural areas tended to favor 
entrenched gender roles, as most of the population is engaged in 
subsistence farming. In 2003 the Ministry of Civil Services and Labor 
reported that women owned 30 percent of formal sector companies and 53 
percent of informal sector companies. While there is little 
discrimination in access to employment and credit, women often do not 
receive equal pay for substantially similar work. Women are not 
permitted to work in positions that might endanger their health, 
safety, and morals. Per the Labor and Social Protection Codes, such 
positions include night shifts in the manufacturing sector, and select 
positions in the mining, metallurgy, and chemical industries.
    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, societal intimidation, 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 and education play the 
principal role in addressing child welfare, but the ministries of 
justice, civil services and labor, youth and sports, and the State 
Secretariat for Public Security also play a role. An increase in the 
budget for education has permitted some improvement in services for 
vulnerable groups, but a lack of funding generally resulted in 
inadequate services and precluded the compilation of reliable 
statistics.
    The country has no uniform birth registration system, and 
unregistered children were not eligible to attend school or obtain 
health care services. According to a 2003-04 study by INSTAT, the 
Government's office of statistical studies, 25 percent of children in 
the country under the age of five were not registered.
    The constitution provides for tuition-free public education for all 
citizen children and makes primary education until age 14 compulsory. 
According to government statistics, 85 percent of primary school-age 
children were enrolled, although a 2008 report from the International 
Labor Organization indicates that far fewer actually attend school. 
Children in rural areas generally studied through middle school, 
whereas children in urban areas commonly finished the baccalaureate 
examination process for entrance into university.
    Child abuse was a problem. In December 2007 the Government adopted 
a 2008-12 national action plan on violence against children, including 
child labor, sexual exploitation, and trafficking. The Ministry of 
Health, in collaboration with UNICEF, operated more than 14 multi-
sector networks throughout the country to protect children from abuse 
and exploitation. In light of recent child-related legislation, several 
ministries worked with UNICEF to develop training manuals on child 
rights and safeguards for officials working on child protection 
networks. In June, the Government completed a one-year program to train 
and assist security forces in the protection of children.
    Government statistics indicated that 33 percent of girls between 
the ages of 15 and 19 were married. Child marriage was especially 
prevalent in rural areas, where most couples were united in traditional 
local ceremonies outside the legal system. As of April 2007 the legal 
age for marriage without parental authorization was 18 for both boys 
and girls.
    Children engaged in prostitution for survival without third party 
involvement. Child prostitution constituted one of the primary forms of 
child labor. A 2007 UNICEF study in the coastal cities of Toamasina and 
Nosy Be found that between 30 and 50 percent of female sex workers were 
under the age of 18.
    Although child abandonment is against the law, it was a significant 
problem due to acute poverty and lack of family support. There were few 
safe shelters for street children, and government agencies generally 
tried to place abandoned children with parents or other relatives 
first; orphanages and adoption were a last resort. A traditional 
superstition in the southeast against giving birth to twins led some 
parents in the region to abandon one or both of their twin children, 
who were sometimes left to die. The Government completed a study on the 
treatment of twins in Mananzary, and NGOs have actively promoted 
awareness of the issue, but no changes to the legal framework or 
enforcement policy had been adopted by year's end.

    Trafficking in Persons.--As of December 2007 the law specifically 
prohibits trafficking in persons, but there were reports that persons 
were trafficked within the country. The vast majority of cases involved 
children and young women, mostly from rural areas, trafficked for 
sexual exploitation and forced labor including domestic servitude, 
mining, and street vending. A sex tourism problem existed in coastal 
cities, as well as Antananarivo, with a significant number of children 
exploited as prostitutes. International trafficking was rare; there 
were unconfirmed anecdotal reports of a limited number of women and 
girls trafficked for prostitution to the neighboring islands of 
Mauritius and Reunion.
    Principal traffickers ranged from organized criminals to 
``friends'' to taxi drivers to distant family members. Traffickers 
often took advantage of young women, girls, and boys in rural areas by 
promising employment opportunities in urban areas, particularly in 
domestic employment.
    Traffickers may be prosecuted under provisions prohibiting 
procurement of minors for prostitution, pedophilia, pimping, and 
deceptive labor practices. In August 2007 a new law was adopted 
prohibiting all forms of violence against children, including sexual 
exploitation and providing for punishment of adult exploiters of child 
prostitutes. In December 2007 the Government adopted a law defining 
trafficking in persons, among other crimes, and stipulating sanctions 
for the authors of such crimes, particularly when committed against 
children. The Ministry of Justice is responsible for enforcement of 
such laws, but NGOs reported that the laws were not effectively 
enforced.
    During the year there were no reports of arrests specifically for 
trafficking. However, the absence of a centralized database of legal 
cases and a law specifically defining trafficking activities or 
sanctions before December 2007 impeded prosecution and recordkeeping. A 
centralized database was established in September under the authority 
of the Secretary of State for internal security; it is now operational, 
but currently lacks the required legal standing for use in court, and 
is generally limited to cases in Antananarivo.
    Police cooperated with neighboring countries and Interpol in the 
investigation and prosecution of trafficking cases. The Government did 
not extradite persons charged with trafficking in other countries, nor 
did it permit extradition of Malagasy nationals. Whether because of 
corruption, pressure from the local community, or fear of an 
international incident, local police and magistrates in tourist areas 
often hesitated to prosecute foreign pedophiles.
    The Government continued to address child labor and trafficking 
through educational and birth registration campaigns. Child workers 
taken into the country's three welcome centers were either given 
vocational training or placed back in school. The Ministry of Health 
worked with UNICEF to establish new multisector child protection 
networks throughout the country to handle individual cases of child 
exploitation, including trafficking.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities, broadly defines 
their rights, and provides for a national commission and regional 
subcommissions to promote the rights of persons with disabilities. In 
practice, however, these rights were rarely enforced, and the legal 
framework for promoting accessibility remains perfunctory. A 2005 study 
conducted by Handicap International found that persons with 
disabilities seldom had access to health care, education, employment, 
or accommodation for communication or other basic services, and women 
and girls with disabilities were often victims of physical violence.
    The Ministry of Health is responsible for protecting the rights of 
persons with disabilities. President Ravalomanana signed the 
International Convention on the Rights of the Disabled in September 
2007 but no implementing legislation had been passed by year's end.
    Isolated projects at the community level had some success. A public 
market in the city of Majunga gained special handicapped access, a 
health and transportation benefits program with identity cards was 
developed in the city of Fianarantsoa, and persons with disabilities 
have been successfully integrated into public schools in some areas 
where they had previously had no access. However, reports continue that 
mainstream schools often reject students with disabilities on the basis 
of inadequate facilities.

    National/Racial/Ethnic Minorities.--None of the 18 Malagasy tribes 
constituted a majority. There were also minorities of Indo-Pakistani, 
Comoran, and Chinese heritage. Ethnicity, caste, and regional 
solidarity often were factors in hiring and were exploited in election 
campaigns. A long history of military conquest and political dominance 
by highland ethnic groups of Asian origin, particularly the Merina, 
over coastal groups of African ancestry has contributed to tension 
between citizens of highland and coastal descent.

    Other Societal Abuses and Discrimination.--The law does not 
prohibit discrimination against homosexuals, and there was general 
societal discrimination against them.
    Although the national HIV/AIDS rate was low at approximately 1 
percent, there was stigma and occasional discrimination attached to 
having HIV/AIDS. In July 2007 the Government adopted a new law 
protecting HIV/AIDS patients' rights to free and quality health care 
and specifying sanctions against persons who discriminate or 
marginalize people with the disease. The law was enforced by the 
ministries of health and justice and the National Committee for the 
Fight Against AIDS in Madagascar.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that public and 
private sector workers may establish and join labor unions of their 
choice without prior authorization or excessive requirements. However, 
those classified as essential workers, including police, military, and 
firefighters may not form unions. Ministry of Civil Services and Labor 
statistics from 2007 indicated that 14 percent of workers in EPZ 
companies and 10 percent of all workers were unionized. The Government 
had no reliable statistics on the number of public employees 
participating in unions, but it was generally believed that few public 
employees were union members, despite the existence of several public 
employees' unions.
    The law provides most workers with the right to strike, including 
in EPZs, and workers exercised this right; however, workers must first 
exhaust the conciliation, mediation, and arbitration procedures. Civil 
servants and maritime workers have their own labor code; workers in 
other essential services, such as magistrates, have a recognized but 
more restricted right to strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for unions to conduct their activities without interference, 
and the Government generally respected this right. The law also 
provides workers in the private sector the right to bargain 
collectively; however, civil servants were not covered under such 
agreements.
    The law prohibits antiunion discrimination by employers; however, 
the Ministry of Civil Services and Labor 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.
    Following the passage of a new Export Processing Zone (EPZ) law in 
January, labor laws in the EPZ vary somewhat from the country's 
standard labor code. EPZ labor contracts can now differ in terms of 
contract duration, restrictions on the employment of women during night 
shifts, and the amount of overtime permitted.

    c. Prohibition of Forced or Compulsory Labor.--The labor code 
prohibits forced or compulsory labor, including by children, but at 
times the Government did not respect this prohibition, specifically 
with respect to prison labor. While prisoners and pretrial detainees 
can no longer be forcibly hired out to government officials for private 
use, unless the prisoner agrees to the terms of employment and monetary 
compensation stipulated in the labor code, they can still be hired out 
for public use by government offices. Except for those condemned to 
forced labor, they are entitled to receive a salary.
    Forced labor by children occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace 
and prohibit forced or compulsory labor, but the Government sometimes 
encountered trouble enforcing these laws, due to inadequate resources 
and insufficient personnel. Child labor was a widespread problem.
    The minimum age for employment was 15 years of age, consistent with 
educational requirements. The law allows children to work a maximum of 
eight hours per day and 40 hours per week with no overtime. The law 
prohibits persons under the age of 18 from working at night and at 
sites where there is an imminent danger to health, safety, or morals. 
Employers must observe a mandatory 12-hour rest period between shifts. 
Occupational health and safety restrictions include parental 
authorization and a medical visit before hiring.
    The International Labor Organization's (ILO) National Survey on 
Child Labor in Madagascar from 2007 indicated that approximately 28 
percent of the child population between the ages of five and 17 (1.8 
million children) were working on a full- or part-time basis, with 
around 438,000 children involved in dangerous work. Children in rural 
areas worked mostly in agriculture, fishing, and livestock, while those 
in urban areas worked in occupations such as domestic labor, transport 
of goods by rickshaw, petty trading, prostitution, stone quarrying, 
working in bars, and begging. Children also were engaged in salt 
production, deep sea diving, and the shrimp industry. The Ministry of 
Civil Services and Labor estimated that more than 19,000 children were 
working in the mining towns of Ilakaka in the south, mostly in the 
informal sector, helping their families mine for gemstones or working 
as domestics and prostitutes. Children were trafficked internally for 
the purposes of forced labor and sexual exploitation.
    The Ministry of Civil Services and Labor is responsible for 
enforcing child labor laws and policies in the formal sector and 
conducted general workplace inspections during the year in response to 
a range of complaints. The ministry had only 68 inspectors to carry out 
its responsibilities, making it difficult to monitor and enforce child 
labor provisions effectively. Enforcement in the much larger informal 
sector remained a serious problem.
    The reduction of child labor is one of the Government's main goals 
in the comprehensive five-year Madagascar Action Plan guiding the 
country's development. In July 2007 the Government adopted a decree 
regulating the working conditions of children, defining the worst forms 
of child labor, identifying penalties for employers, and establishing 
the institutional framework for its implementation. NGOs reported 
improved awareness of the issue as a result; however, this has not been 
matched with more effective pursuit of labor law violators.
    The Ministry of Civil Services and Labor continued implementing its 
15-year national plan to combat the worst forms of child labor, 
including prostitution. In addition to the existing Regional Committee 
to Combat Child Labor (CRLTE) in the north, two additional CRLTE were 
established in 2007 in the southwest and on the east coast.
    In May 2007 as part of the ongoing ``red card campaign'' to raise 
awareness about the fight against child labor, the Government worked 
with the Malagasy Soccer Federation (FMF) to conduct awareness 
campaigns around the country; this campaign continued during the year 
with ongoing support from the FMF and ILO-IPEC.
    The Government's welcome centers in Antananarivo, Tamatave, and 
Tulear continued to receive victims of trafficking and forced labor.

    e. Acceptable Conditions of Work.--The Ministry of Civil Services 
and Labor was responsible for enforcing the working conditions and 
minimum wages prescribed in the labor code, but it sometimes 
encountered trouble enforcing these laws due to inadequate resources 
and insufficient personnel.
    The monthly minimum wage was 70,025 ariary (approximately $42) for 
nonagricultural workers and 71,000 ariary ($43) for agricultural 
workers. This 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, 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 42.5 hours in the agricultural sector. Legislation 
limited workers to 20 hours of overtime per week, but employees often 
were required to work until production targets were met. In some cases 
this overtime was unrecorded and unpaid.
    The Government sets occupational health and safety standards for 
workers and workplaces. CNAPS, the country's social security agency, 
conducted inspections and published reports on workplace conditions, 
occupational health hazards, and workplace accident trends. The 
Ministry of Civil Services and Labor's 68 labor inspectors were 
sufficient to cover only workers in the capital effectively. Workers 
have an explicit right to leave a dangerous workplace without 
jeopardizing their employment as long as they inform their supervisor. 
However, this right was not always respected in practice.

                               __________

                                 MALAWI

    Malawi is a multiparty democracy with a population of approximately 
13 million. In 2004 citizens elected Bingu wa Mutharika of the United 
Democratic Front (UDF) as president; in 2005 Mutharika resigned from 
the UDF to form the ruling Democratic Progressive Party (DPP). 
Constitutional power is shared between the president and the 193 
National Assembly members. International observers noted substantial 
shortcomings in the elections, 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 (MEC). 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.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Unlawful killing 
by security forces and police use of excessive force including torture 
occurred, but the Government took steps to prosecute and punish some 
abusers. Occasional mob violence and harsh and life-threatening prison 
conditions continued. Arbitrary arrest and detention, including 
politically motivated arrests, lengthy pretrial detention, societal 
violence against women, and corruption were problems. The Government 
restricted freedom of assembly and, at times, limited freedom of speech 
and the press. Government efforts to combat trafficking in persons and 
child labor continued, but problems remained.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically-motivated killings; however, 
security forces killed persons during the year. Perpetrators were 
occasionally punished, but investigations often were abandoned or 
inconclusive.
    On August 12, police officers from a rapid response unit shot and 
killed Yusuf Abdullah while he was driving a truck filled with illegal 
charcoal in the Mchesi area of Lilongwe. Abdullah's vehicle then 
crashed into a minibus, killing two additional persons and injuring six 
others. The Malawi Police Service initially stated that the accident 
occurred because the vehicle developed mechanical problems while going 
too fast; however, an autopsy found multiple bullets in Abdullah's body 
and confirmed that the body had been tampered with to conceal evidence. 
The Nation newspaper published photos of the body. On August 14, the 
police arrested four officers-Jonathan Mlotha, Nichola Saidi, Joshua 
Chewuka, and James Mhonjo-and charged them with murder. The officers 
were denied bail and were awaiting trial at year's end.
    On September 18, a land dispute between two families in the Mbayani 
area of Blantyre resulted in a clash between police and residents. 
While trying to control the crowd, many of whom were armed with stones 
and knives, police reportedly fired tear gas and rubber bullets. In the 
confrontation an officer shot and killed a 13-year-old boy. Police had 
not identified the responsible officer by year's end.
    There were no developments in the following 2007 cases: the January 
police killings of Robert Phiri and Thomas Chizenga; the June killing 
of six persons in a vehicular accident by Henry Msinkhu, a Blantyre 
police officer; the October death of Grant Chilimba while in police 
custody; the December killing of Wilson Master by MacNever, a guard for 
government-owned company Admarc; and, the December killing of Dinnis 
Mashalubu by another Admarc guard Chamasowa.
    Mobs sometimes resorted to vigilante abuse, and beat, stoned, or 
burned suspected criminals to death.
    On January 22, a mob in Ndirande Township, Blantyre, beat Chimwemwe 
Kanyoza to death for the suspected theft of water pumps. On February 
10, a mob in Thyolo beat Laston Seunda to death for suspected 
involvement in the disappearance of a five-year-old girl. On June 3, a 
mob in Chiradzulu used knives to hack Harold Yobe to death after he was 
caught stealing cattle. Investigations were ongoing, but no arrests had 
been made in these cases by year's end.
    No further information was available in the following 2007 mob 
killings: the April killings by six suspects of a man in Karonga; the 
April mob killing of a man in Chiradzulu; and, the September stoning to 
death of an herbalist in Dowa.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    There were no developments in the February 2007 disappearances of 
Christopher Chimbalanga and Hassan Twaliki from a Lilongwe police 
station.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
police used excessive force, including torture and other unlawful 
techniques, in handling criminal suspects. While senior officials 
publicly condemned prisoner mistreatment, their subordinates continued 
to employ unacceptable techniques. Inspector General of Police Oliver 
Kumbambe publicly condemned police officers engaged in human rights 
abuses and promised the police would not shield them. The Malawi Human 
Rights Commission (MHRC) and local nongovernmental organizations (NGOs) 
condemned police for human rights violations several times throughout 
the year.
    There were several instances of security forces abuse. On March 10, 
The Nation photographed an unknown woman who was left outside the 
Chilinde Police Station in Lilongwe. Witnesses said she was held by the 
neck and squeezed against bars on the window by a police officer until 
she was unconscious. The woman was trying to watch police transport two 
corpses.
    Aubrey Kasten claimed three police officers from Kabula Police 
Station in Blantyre beat him on August 22 until he was unconscious. 
Kasten said the officers first asked him to pay a bribe and when he 
refused, they forced him to join a roving night patrol. When Kasten 
asked to be released, he was beaten. Police told the media they would 
investigate but no further information was available.
    On November 10, Mzuzu First Grade Magistrate's Court sentenced 
former police officer Leonard Chitimbe to 24 months in prison for 
assaulting four suspects on the night of July 20. The suspects has been 
accused of stealing a digital camera and claimed that Chitembe beat 
them with his hands, a cane, and a machete in an attempt to gain a 
confession.
    Security forces engaged in rape and sexual abuse.
    For example, on August 23, a police officer in Lilongwe, Enock 
Chawanda, was arrested for sodomizing a suspect; the suspect reported 
the sodomy to medical personnel and a medical examination confirmed the 
act. Chawanda was awaiting trial at year's end.
    There were no developments in the following 2007 cases of police 
abuse: the January use of excessive force by police to disperse 
demonstrators at Lengwe National Park, and the September machete 
hacking by two policemen on the back of a man's head.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening; overcrowding, inadequate nutrition, 
substandard sanitation, and poor health facilities remained serious 
problems. In 2007 chief commissioner for Malawi prison services 
MacDonald Chawona publicly acknowledged that conditions in the prisons 
were appalling and attributed most of the problems to inadequate 
funding. In March the MHRC released a report noting violation of HIV-
positive prisoners' rights due to shortage of medicine, inadequate 
space, poor medical facilities, poor nutrition, and a lack of emergency 
transport.
    The prison system, which was meant to accommodate approximately 
5,000 inmates, routinely held at least double that number. According to 
the prison commissioner, there were more than 11,000 inmates in the 
prison system at year's end. Staffing in prisons was inadequate, and 
more than 60 percent of positions were unfilled. Budget allocations for 
the prison system were less than 20 percent of the stated need, and the 
warden to inmate ratio was one to 17 rather than the recommended one to 
five.
    Inmates were encouraged to grow vegetables and raise livestock and 
often did so; however, they complained that they did not receive enough 
food. On September 15, a Department of Prisons spokesperson Tobias Nowa 
commented that prisoners at Maula Prison in Lilongwe and Chichiri 
Prison in Blantyre only ate one meal a day due to a shortage of maize 
in the prison system. In an attempt to remedy the food shortage, the 
prison system began planting vegetables but still expected to only meet 
about half the nutritional need of the prisoners. Community service 
programs were available as alternatives to prison terms for first-time 
offenders convicted of less serious crimes and who had permanent 
addresses.
    Numerous inmates died in prison each month, largely due to HIV/
AIDS, diarrhea, pneumonia, tuberculosis, and inadequate diet. During 
the year there were 101 reported deaths in the prison system, including 
52 attributed to HIV/AIDS, 21 to tuberculosis, 20 to pneumonia, two to 
malaria, and six to diarrhea. In 2007 the Department of Prisons 
spokesperson admitted that funding for medicine for HIV/AIDS affected 
prisoners was inadequate.
    Unlike in the previous year, there were no reports of prison riots.
    Although women were not kept in separate facilities, the more than 
200 female prisoners were segregated within the prison compound and 
monitored by female guards. Juveniles were no longer incarcerated with 
adults. There are three juvenile detention centers (Bvumbwe, Lilongwe, 
and Byandzi) and two prisons with juvenile wings (Zomba and North 
Mzimba).
    In March Blantyre Child Justice Court magistrate Esme Tembenu 
stated there were 447 children in Malawi's prisons contrary to the 
Children and Young Persons Act which bars the arrest and conviction of 
children. Tembenu was leading a program to remove children from prisons 
and put them into reformatory centers.
    On November 10, Thyolo police officers Richard Chitseko and Cosman 
arrested and questioned six children between the ages of four and 11 on 
suspicion of stealing 6500 MWK (approximately $45). The children 
claimed the officers handcuffed and beat them. One eight-year-old boy 
was tied to an Acacia tree and left overnight. All were released after 
payment of bail, but several NGOs and the MHRC pressed for an 
investigation which was still pending at year's end.
    The law requires pretrial detainees to be held separately from 
convicted prisoners; however, the number of pretrial detainees swelled 
to over 2,800 and many prisons did not comply due to inadequate 
facilities.
    During the year the Government permitted domestic and international 
NGOs and the media to visit and monitor prison conditions and to donate 
basic supplies. The International Committee of the Red Cross (ICRC) did 
not visit any of the prisons during the year.
    In April the special rapporteur for prisons and conditions of 
detention in Africa, Mumba Malila, from the African Commission on Human 
and People's Rights, visited the country. He described the Zomba Prison 
as a serious danger to inmates and criticized the congestion there. 
Malila noted the prison was over 100 years old and in decay yet housed 
more than twice the designated capacity.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not always observe these prohibitions in practice.

    Role of the Police and Security Apparatus.--The National Police, 
controlled by the Ministry of Home Affairs and Internal Security, has 
responsibility for law enforcement and maintenance of order. Police 
occasionally called on the army for support.
    The police force was inefficient and poorly trained due to 
inadequate funding. Corruption was widespread, and impunity was a 
problem. Police continued efforts to improve investigative skills, 
including training on internal affairs investigations, and to introduce 
the concept of victims' rights through workshops and other training 
exercises, particularly in the areas of sexual abuse, domestic 
violence, and trafficking in persons. The police continued to receive 
foreign assistance to train officials and procure equipment.

    Arrest and Detention.--The law provides the accused the right 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 within 48 
hours; however, these rights were seldom respected in practice. Most 
suspects were apprehended without a warrant if a police officer had 
probable cause. Arrest warrants were usually issued in cases involving 
corruption or white-collar crime and were issued by a duly authorized 
official based on presented evidence. The use of temporary remand 
warrants to circumvent the 48-hour rule was widespread. The Government 
provided legal services to indigent detainees; however, access was 
often delayed since there were only 11 lawyers and seven paralegals 
working as public defenders. Detainees were allowed access to 
relatives. Bail frequently was granted to reduce prison overcrowding 
rather than on the merits of an individual case. During the year the 
MHRC received three complaints of arbitrary detention related to 
overstay of remand, denial of bail, and unheard appeals.
    Arbitrary arrests remained a problem. Police arrested relatives of 
suspects when a suspect could not be found to draw the wanted 
individual out of hiding.
    Security forces arrested a number of opposition politicians, 
primarily from the UDF, on a range of charges. Arrests of opposition 
politicians were greater than in the previous year. While government 
actions generally were legal in the strictest sense, courts dismissed 
or suspended many of these cases.
    Beginning May 14, police arrested nine persons, most with close 
ties to the UDF, on charges of treason. Among the suspects were UDF 
Secretary General Kennedy Makwangwala, UDF Southern Region governor 
John Chikakwiya, Brigadier General Marcel Chirwa, Brigadier General 
Jack Mtende, Brigadier General Cosgrove Mituka, former commissioner of 
police Matthews Masoapyola, retired army commander Joseph Chimbayo, and 
retired police inspector-general Joseph Aironi. On May 20, all of the 
suspects were released on bail due to a lack of evidence. However, the 
cases had yet to be dismissed at year's end.
    On May 25, police arrested former president Bakili Muluzi for 
treason and placed him under house arrest in Blantyre. On May 30, he 
was granted bail due to lack of evidence. In September the High Court 
removed Muluzi's bail conditions because the Government had failed to 
begin prosecution within three months of his arrest. However, the case 
was not dismissed.
    The 2006 detention of Vice President Chilumpa for allegedly 
plotting to assassinate President Mutharika continued. Chilumpa was 
charged with treason and held under relaxed house arrest in Blantyre, 
allowing him to travel within the country (provided he informed 
authorities) and abroad (with High Court permission). On May 30, the 
Supreme Court agreed that a Constitutional Court should decide whether 
the Government has to give Chilumpa's lawyers photographs of the 
alleged assassins. At year's end no trial date had been set.
    Twenty five percent of the prison population was pretrial 
detainees. Pretrial homicide suspects were typically held in detention 
for two to three years, although at Maula Prison alone, 15 suspects had 
been in jail for over seven years awaiting trial. The most extreme case 
was that of John Chima, who has been in Zomba Prison awaiting trial for 
murder for 17 years.
    The Center for Legal Assistance, an NGO that assists prisoners with 
legal matters, continued to provide free legal assistance to expedite 
the trials of detainees, with priority given to the sick and young and 
those subjected to long trial delays.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision. However, the judicial system was inefficient and 
handicapped by serious weaknesses, including poor record keeping, a 
shortage of attorneys and other trained personnel, heavy caseloads, and 
lack of resources.
    The law provides for a High Court, a Supreme Court of Appeal, and 
subordinate magistrate courts. A Constitutional Court (a panel 
consisting of three high court judges with jurisdiction over 
constitutional matters) also existed. The chief justice is appointed by 
the president and confirmed by the National Assembly. The president 
appoints other justices, following recommendations by the Judicial 
Service Commission. All justices are appointed to serve until the age 
of 65 and may be removed only for incompetence or misbehavior, as 
determined by the president and a majority of the National Assembly. 
The military has a court martial but no military or security tribunals.

    Trial Procedures.--By law defendants have the right to a public 
trial but not to a trial by jury. In August the Ministry of Justice 
approved a new system for murder cases that eliminated jury trials to 
expedite cases and cut costs. Public and press reaction was noncritical 
since murder suspects sometimes remained incarcerated for years 
awaiting trial by jury before the change. Defendants have the right to 
be present, are entitled to an attorney, and if indigent, have an 
attorney provided at state expense. Defendants have the right to 
present and challenge evidence and witnesses, the right of appeal, and 
the presumption of innocence. The law extends the above rights to all 
persons.
    The judiciary's budgetary and administrative problems effectively 
denied expeditious trials for most defendants but improvements were 
made due to increased staffing. The Department of Public Prosecutions 
had 13 prosecuting attorneys, a decrease of 16 from 2007 levels, and 11 
paralegals, an increase of two. The paralegals served as lay 
prosecutors and prosecuted minor cases in the magistrate courts. 
Retention of government attorneys was a problem.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, and citizens have access to a 
court to bring lawsuits seeking damages for, or cessation of, human 
rights violations. The law provides for administrative remedies as well 
as judicial remedies for alleged wrongs; however, a paucity of 
resources and legal professionals restricted the number of cases 
pursued and resulted in a large backlog. During the year the MHRC 
received 149 complaints of limited access to justice and 27 complaints 
of unfair administrative justice. There were no reported problems 
enforcing court orders.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and 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 law provides for freedom of 
speech and of the press; however, at times the Government attempted to 
limit these rights. Journalists practiced self-censorship, especially 
at government-owned media outlets such as the Malawi Broadcast 
Corporation (MBC) and Television Malawi (TVM).
    Private individuals were generally free to criticize the Government 
without fear of reprisal. However, after the May arrest of nine members 
of the opposition for treason, several prominent NGO leaders and clergy 
stated that police and other government officials threatened them with 
arrest unless they stopped commenting on governance issues.
    The independent media were active and expressed a wide variety of 
views; however, the Government imposed some restrictions during the 
year. A broad spectrum of political opinion was available in the 
country's newspapers. There were 11 independent newspapers available, 
including two dailies, one tri-weekly, seven weeklies, and one monthly.
    There were 19 private radio stations with limited coverage and 
which broadcast only in urban areas. MBC dominated the radio market 
with its two stations, transmitting in major population centers. State-
owned TVM was the sole television broadcaster. News coverage and 
editorial content of MBC and TVM clearly favored the president and his 
party; coverage of other political parties was more critical, and they 
received less airtime.
    On February 6, police arrested Daily Times editor James Mphande and 
charged him with publishing a false story likely to cause public fear 
and alarm, under Section 60 (1) of the penal code. The arrest came four 
days after police arrested Mike Chipalasa on the same charge. Chipalasa 
wrote a story claiming Malawi Congress Party leader John Tembo accused 
the Government of preparing to rig May 2009 elections by hiring vote-
rigging experts at a political rally; Tembo subsequently claimed he was 
misquoted and demanded an apology. Mphande and Chipalasa stood by their 
story and were released on bail.
    On March 12, police arrested Wanangwa Tembo, a Daily Times 
journalist, for taking pictures of an Anticorruption Bureau (ACB) 
official arresting a police officer suspected of taking a bribe from a 
suspect. Tembo said he was handcuffed, hit three times by an officer as 
he was put into a patrol car, and then forced to delete the photos from 
his camera while at the police station. Tembo was released a few hours 
later.
    In August the Government banned live broadcasts of parliament 
citing the inappropriate language used by members. The Media Institute 
of Southern Africa called the ban an infringement on freedom of the 
media and a violation of the public's right to access information.
    The Communications Act provides for the president to appoint board 
directors and chief executives for the Malawi Communications Regulatory 
Authority (MACRA), MBC, and TVM.
    Government funding for public broadcasters continued to be blocked 
by opposition legislators as a punitive measure for the biased 
progovernment reporting of TVM and MBC. In August, after the Electoral 
Commission and Media Council cited TVM and MBC programs as likely to 
incite violence, the broadcasters briefly stopped airing the programs 
in question. However, in October the stations began broadcasting toned-
down versions of the controversial programs.
    In November MACRA removed Joy Radio, owned in part by former 
president Bakili Muluzi, from the air, citing ownership by a politician 
as a violation of the Communications Act. A Supreme Court ruling 
returned Joy Radio to the air on December 16, pending a judicial review 
of the case. MACRA continued to hold broadcasting equipment for Joy 
Television, also owned by former president Muluzi, preventing the 
station from broadcasting.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Less than 15 percent of the population had access to the Internet, via 
a few Internet cafes and offices in the major cities; few individuals 
could afford Internet access in their homes.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government limited this right. Security forces at times 
interfered with opposition party political functions or used violence 
to disperse crowds. Police were routinely criticized for failing to act 
impartially with regard to political demonstrations.
    Police use of excessive force to disperse demonstrators resulted in 
several injuries.
    On May 25, police arrested former president Bakili Muluzi for 
treason upon his return from the United Kingdom. Muluzi was expected to 
address supporters in Lilongwe the same day, but police fired guns to 
disperse the crowd at the rally location, injuring three persons. 
Police stopped supporters from going to Muluzi's residence in Limbe 
multiple times during the next week. On May 31, police again stopped a 
Muluzi rally in the Biwi area of Lilongwe, firing teargas into the 
crowd to disburse supporters. Police also stopped a June 1 New 
Republican Party rally in the Ndirande area of Blantyre where Muluzi 
was expected to speak. In late August police stopped several Muluzi 
``whistle-stop'' tours in Lilongwe and warned that they would arrest 
anyone who attended the roadside rallies. Police said the rallies led 
to traffic jams and blocked roads. On September 3, police relented, 
saying the rallies could be held as long as they were a safe distance 
away from the road.
    On August 4, police stopped civil society marches in Lilongwe, 
Mzuzu, and Blantyre. Several civil society groups, including the Human 
Rights Consultative Committee and the Civil and Political Space 
Network, organized the demonstrations to urge legislators to put public 
interest ahead of political self interest. Organizers stated they had 
originally been given permission for the demonstrations, but were later 
told they could not hold the marches. Police cited the political 
environment was not conducive to marches or rallies as the reason for 
their actions.
    No action was taken against police responsible for the use of 
excessive force to disperse demonstrators in 2006 and 2007.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right. The Government required all organizations, including political 
parties, to register with the Ministry of Justice, and registration was 
routinely granted.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right. 
A 2007 Supreme Court ruling declared that religious freedom is a right 
that cannot be restricted. Churches continued to exert significant 
political influence, particularly in rural areas.
    There are no separate requirements for the recognition of religious 
groups, but they must register with the Government. Foreign Christian 
missionaries experienced occasional delays in renewing employment 
permits; however, this appeared to be the result of bureaucratic 
inefficiency rather than policy.

    Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts. The Jewish community was very small.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The law prohibits the use of forced exile, and the Government did 
not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum; however, there were long delays in the process. By law the 
Government does not accept refugees for permanent settlement. The 
Government generally cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) in assisting refugees and asylum 
seekers, but restricted refugees' ability to move freely and work 
outside of refugee camps.
    The Government provided temporary protection to individuals who may 
not qualify as refugees under the 1951 convention or the 1967 protocol 
and provided it to approximately 3,906 persons during the year.
    While no legal framework existed, the Government allowed refugees 
to seek both employment and educational opportunities, although it 
restricted these activities outside the refugee camps. Refugees with 
professional degrees, especially those with medical training, were 
given work permits to pursue employment outside the camps. The UNHCR, 
NGOs, and the Government collaborated to provide education to children 
in refugee camps.
    Security forces intimidated refugee and asylum seekers. On February 
29, police entered the Dzaleka refugee camp in Dowa without informing 
camp authorities and smashed the store of a Somali man suspected of 
assisting in the smuggling of refugees to South Africa. Police also 
routinely performed sweeps of refugees found illegally outside of the 
camp and returned them to camps.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic and free, although not always fair, elections 
held on the basis of universal adult suffrage.

    Elections and Political Participation.--International election 
observers found the 2004 presidential and parliamentary elections to 
have substantial shortcomings, including inequitable access to the 
state-owned media and poor planning by the MEC. The ruling party 
frequently monopolized resources and used public funds for campaign 
purposes. Voter turnout was low compared with the two previous 
presidential elections. With approximately 36 percent of the popular 
vote, President Mutharika, chosen by former president Muluzi as the UDF 
candidate, was elected to serve a five-year term. Election 
discrepancies prevented parliamentary candidates from taking seats in 
eight constituencies. By-elections for these vacancies took place in 
2005. Observers declared them free and fair and better organized than 
the national elections. The president and vice president can run for 
parliamentary seats but are constitutionally barred from simultaneously 
holding more than one public office.
    The executive branch exerted considerable influence over the 
unicameral National Assembly, which followed a hybrid parliamentary 
system loosely based on the British model but which operated in the 
context of a presidential-parliamentary model; all cabinet ministers 
are currently also members of the National Assembly but are not 
required to be.
    Although the Government did not prevent the activities of 
opposition political parties, the parties alleged that the Government 
used bribery, other inducements, and violence to encourage opposition 
party divisions. During the year the Government detained numerous 
opposition leaders (See Section 1.d.). Sporadic minor violence was 
common between supporters of rival political parties.
    On April 28, President Mutharika opened the National Assembly for 
the first time since dismissing it last September to prevent the 
speaker of the National Assembly from enforcing Section 65 of the 
constitution, which requires members of parliament who change political 
parties after being elected to vacate their seats. At least 40 members 
of the ruling (but minority) DPP would have been affected by 
enforcement of the law. Opposition pressure to implement section 65 
continued, forcing a second sitting of parliament which finally passed 
the national budget on August 28.
    In May while the opposition parties boycotted, the National 
Assembly approved the president's appointees to the positions of chief 
justice of the Supreme Court of Appeal and auditor general. The 
opposition maintained the appointments occurred without a quorum.
    In May 2005 President Mutharika dissolved district and municipal 
assemblies in anticipation of constitutionally-mandated local 
government elections that were scheduled for that same month; however, 
the Government failed to hold elections, citing a budgetary shortfall 
related to the food crisis. Civil society and the donor community 
criticized the Government for delaying the staging of these elections, 
which were postponed until 2010.
    There were 25 women in the 193-seat National Assembly and six women 
in the 42-member cabinet. Women comprised approximately 25 percent of 
the civil service. There were three female justices among the 22 
supreme and high court justices.
    There were three members of minorities in the National Assembly.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials sometimes engaged in 
corrupt practices with impunity. The World Bank's Worldwide Governance 
Indicators reflected that corruption was a serious problem and noted a 
slight decline in the control of corruption from the previous year. The 
public also perceived corruption as a problem, although some informed 
observers, including leaders in the business and banking community, 
claimed a significant reduction in corruption under the current 
government. A financial disclosure law existed but only applied to 
members of parliament and was voluntary.
    In November 2007 Alexius Nampota was named as the new director of 
the ACB, ending a period of over a year where the ACB lacked a 
permanent head. A commission of inquiry found that the ACB's former 
acting director Tumalisye Ndovi drew two salaries while serving in the 
position. The president reprimanded Ndovi, but reappointed him as a 
police commissioner where he served until his death in June.
    The ACB continued to launch investigations, but indictments of 
former high-level government officials remained slow. Many of the cases 
were tied up in the courts due to legal challenges on investigation 
procedures. Surveys indicated that while a majority of citizens had 
been exposed to government anticorruption messages, only 15 percent 
knew how to report corruption to the ACB. Additionally, the ACB said 
both complaints and investigations had declined since 2004-2005 when 
President Mutharika began his anticorruption campaign; the ACB 
completed 52 corruption convictions since 2004.
    In April the High Court convicted Sam Mpasu, a former cabinet 
minister and National Assembly speaker, of abuse of office in the high-
profile Fieldyork notebook case. The court sentenced Mpasu to six 
years' imprisonment, and he remained in prison pending his appeal.
    The ACB continued prosecuting the October 2007 case of Kandi 
Padambo, the former head of the Electricity Supply Commission of 
Malawi, charged with steering contracts towards a business associate. 
Padambo, who denied all charges before he was granted bail, was also 
accused of misusing his public office and failing to disclose his 
interests while chairing an internal procurement committee. On December 
22, a magistrate's court acquitted Padambo, but the ACB stated it would 
appeal the ruling.
    There was no progress in the case of Minister of Information 
Patricia Kaliati, who was accused of accepting vehicles from a foreign 
company in return for a concession at a national park; her ministry 
previously included the Department of Tourism.
    There was little progress during the year in the corruption case 
against former president Muluzi due to legal injunctions and delays in 
scheduling appeals. On September 15, the Supreme Court of Appeal 
dismissed an application by the ACB to vacate a stay order Muluzi 
obtained. The order restrains the ACB from questioning Muluzi about the 
1.4 billion MWK (approximately $10 million) donor funds that it 
contends ended up in Muluzi's accounts. A final verdict in the matter 
by the Supreme Court was pending at year's end.
    The law provides for public access to government information, and 
the Government granted access to citizens and noncitizens, including 
foreign media.
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, training civic 
educators, advocating changes to existing laws and cultural practices, 
and investigating and publishing their findings on human rights cases. 
Government officials often were cooperative and responsive to their 
views.
    The MHRC, an independent government agency, is charged with 
monitoring, auditing, promoting human rights, and conducting 
investigations regarding violations of human rights; however, a 
shortage of resources resulted in a backlog of cases, delayed 
production of reports, and hindered human rights monitoring. The MHRC 
reported that it had received 585 complaints of human rights violations 
during the year; most were related to labor issues, inadequate access 
to the judiciary, violations of children's rights, restrictions on 
property rights and economic activity, and rights of prisoners. The 
Government cooperated with international governmental organizations and 
permitted visits by UN representatives and other organizations.
    UN agencies and international NGOs are resident in the country and 
have access to investigate human rights abuses. The ICRC delegation for 
southern Africa based in Harare, Zimbabwe also covers the country.
    The ombudsman was mandated by law to investigate and take legal 
action against government officials responsible for human rights 
violations and other abuses. However, his freedom of action was 
circumscribed by legislation that requires a warrant and a three-day 
waiting period to gain access to certain government records. The 
activities of the ombudsman were subject to judicial review, but he 
enjoyed government cooperation and operated without government or party 
interference. The ombudsman lacked adequate resources, having only 
eight investigators for the entire country, and some recommendations 
were referred to parliament after being ignored or challenged by 
government departments and agencies, since the ombudsman does not have 
the authority to enforce its determinations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law specifically provides for equal rights for women, forbids 
discrimination based on language or culture, race, disability, or 
social status and provides for equality and recognition before the law 
for every citizen. However, the capacity of government institutions to 
ensure equal rights for all citizens was limited.

    Women.--The law criminalizes rape with a maximum penalty of life 
imprisonment. Spousal rape is not explicitly mentioned but could be 
prosecuted under the same rape laws. The Government generally enforced 
the law effectively, and convicted rapists routinely received prison 
sentences. Data on the prevalence of rape or spousal rape and 
conviction figures were unavailable; however, press reports of rape 
arrests and convictions were an almost daily occurrence.
    On February 1, HIV counselor Charles Namphambo was convicted of 
raping a 19-year-old woman under the pretext of conducting an HIV test. 
Namphambo was sentenced to four years in prison. In April Lickson 
Paison was sentenced to 12 years in prison for raping a 90-year-old 
woman. On March 12, Jawadu Magowero was sentenced to nine years in 
prison for defiling a three-year-old girl.
    The judiciary continued to impose penalties on those convicted of 
rape-including up to 14-year prison sentences for child rape-and 
assault.
    Domestic violence, especially wife beating, was common, although 
women seldom discussed the problem openly, and victims rarely sought 
legal recourse. Legal experts and human rights workers attributed 
victims' reluctance to report their abusers to economic dependence on 
the abuser, lack of awareness of their legal rights and fear of 
retribution and ostracism. The law provides a maximum penalty of life 
imprisonment for domestic violence. The law also recognizes that both 
men and women can be perpetrators as well as victims of domestic 
violence. Police regularly investigated cases of rape and sexual 
assault but did not normally intervene in domestic disputes.
    Police victims support units provide shelter to abuse victims and 
deal with human rights and gender-based violence, but officers' 
capacity to assist and document cases was limited.
    Prostitution is legal and prevalent around hotels and bars in urban 
and tourist areas; however, the law prohibits living off wages earned 
through prostitution, owning a brothel, or forcing another person into 
prostitution. Loitering is the main charge under which prostitutes were 
arrested, resulting usually in small fines.
    Sexual harassment is not specifically prohibited by law, but can be 
prosecuted under existing sections of the penal code such as indecent 
assault on a female, which carries up to a 14-year prison sentence, or 
insulting the modesty of a woman, which is a misdemeanor punishable by 
one year in jail. There was no available data on the extent of sexual 
harassment or effectiveness of government enforcement.
    Under the law women have the right to full and equal protection and 
may not be discriminated against on the basis of gender or marital 
status, including in the workplace; however, 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.
    Women often had less access to legal and financial assistance, and 
widows often were victims of discriminatory and illegal inheritance 
practices in which most of an 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. Fifty-
two percent of full-time farmers were women; however, they 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 
could utilize the formal legal system benefited from these legal 
protections. In a few isolated areas, a widow was sometimes forced to 
have sex with in-laws as part of a culturally-mandated ``sexual 
cleansing'' ritual following the death of her husband. In some cases, 
she was ``inherited'' by a brother-in-law or other male relative. 
Although there were no laws specifically prohibiting these practices, 
the Government and civil society continued efforts to abolish them by 
raising awareness concerning the inherent dangers of such behavior, 
including the risk of HIV/AIDS transmission.
    The Government addressed women's concerns through the Ministry of 
Women and Child Development.

    Children.--The constitution prohibits treatment of children that is 
harmful to their physical or mental development or that may interfere 
with their education. Government spending levels have not kept up with 
increasing needs.
    In 2007 the Government launched the pilot phase of the National 
Registration and Identification System, the first step in the creation 
of a national identification system to provide for mandatory 
registration of births, but the system had not been fully implemented 
by year's end. There is no requirement for registration of births; 
however, there were no reports of discrimination or denial of services 
due to lack of birth registration. Other documents such as health pass 
books could alternatively be used to identify children.
    The Government provided free primary education for all children, 
although education was not compulsory. Families were responsible for 
paying book fees and purchasing uniforms. Students from 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. A 2006 
survey showed that boys were 28 percent more likely to attend secondary 
school than girls.
    Child abuse was a problem. The press reported many cases of sexual 
abuse of children, including arrests for rape, incest, sodomy, and 
defilement. For example, on April 10, South Lunzu magistrate sentenced 
Steven Nkhata to 14 years in prison for raping an 11-year-old girl.
    A July report from the Mzuzu police victims support unit indicated 
that abduction, child abuse, and child rape cases had risen during the 
year. The Church of Central Africa, Presbyterian's paralegal department 
also reported an increase in child abuse and defilement cases for the 
past year. However, Rumphi police stated in January that the victim 
support units were raising awareness and gender-based violence cases 
had dropped from five to 10 per week to one to two in their area.
    The Government took steps to respond to a 2004 UN Children's Fund 
(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. For example, on 
July 15, courts sentenced teacher David Chombwe to three years in 
prison for defiling a pupil for the previous four years. Chombwe began 
raping the girl when she was only nine.
    During the year the Teacher's Association of Malawi publicly stated 
it would not shield members who committed sexual assault against 
pupils. A study by the Safe Schools Program in Machinga said 90 percent 
of girls and 47 percent of boys in primary schools experienced some 
form of violence including sexual touching by other students, sexual 
abuse by teachers, corporal punishment, and verbal and psychological 
abuse.
    Abusive practices, including the secret initiation of girls into 
their future adult roles, were widespread. In a few traditional 
communities, girls averaging 12-years-old were forced to have sex with 
older men as part of such initiation rites. ``Kupimbira,'' a practice 
that allows a poor family to receive a loan or livestock in exchange 
for daughters of any age still existed in some areas. The Forum for 
African Educationists in Malawi noted a rise in forced marriages in 40 
percent of the districts it worked in. The MHRC expressed concern over 
reports of parents forcing their daughters into marriages for food.
    The law does not specifically prohibit female genital mutilation 
(FGM) and it was practiced by a few small ethnic groups. In most cases 
FGM was perpetrated on girls between 10 and 15 years of age, less often 
on 16-to 20-year-olds. A government/UNICEF awareness campaign against 
harmful cultural practices affecting children included the subject.
    The widespread belief that children were unlikely to be HIV 
positive and that sexual intercourse with virgins can cleanse an 
individual of sexually transmitted diseases, including HIV/AIDS, 
contributed to the sexual exploitation of minors.
    On February 28, the High Court sentenced Peter Chakwamba to 20 
years in prison for mutilating the genitals of a 14-year-old boy in 
2007.
    The Ministry of Women and Child Development undertook various 
activities to enhance protection and support of victims. The ministry 
trained and paid small stipends to over 800 community child protection 
workers who worked nationally to identify victims of child abuse, 
under-age labor, and trafficking, and referred cases to district social 
welfare offices or the police. In 2005 the ministry announced the 
introduction of a child abuse hotline; however, budget and other 
limitations prevented its establishment by year's end. The ministry 
continued to support the Lilongwe social welfare and rehabilitation 
center but did not have centers in the southern or northern regions. 
Religious and NGO-supported centers such as Chisomo Children's Club in 
Blantyre, and a Salvation Army center in Mchinji augmented government 
support.
    The trafficking of children for sexual purposes was a problem, and 
child prostitution for survival without third party involvement also 
occurred.
    A few charitable organizations attempted to reduce the number of 
child beggars in urban areas; however, the problem of street children 
remained serious as the number of orphans whose parents died from HIV/
AIDS increased. Extended family members normally cared for such 
children and other orphans.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons specifically, and women, children, and men were trafficked to, 
from, and within the country. While the extent of human trafficking was 
undocumented, the Government made efforts to combat it and used 
existing laws to prosecute cases of child trafficking for agricultural 
labor exploitation. Although the age of sexual consent is 14, there was 
no age specified for the protection of minors from sexual exploitation, 
child prostitution, or child pornography.
    The country is a source, transit, and destination point 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 phony offers of marriage, study, or employment. According to the 
International Organization for Migration, sex tourists, primarily from 
Germany, the Netherlands, and the United Kingdom, lured children into 
sexual relationships 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. Children were primarily trafficked internally for 
agricultural labor, but also for cattle herding, domestic servitude, 
commercial sexual exploitation, and to perform menial tasks for small 
businesses.
    A 2008 study by the Center for Social Research and Norwegian Church 
Aid found that between 500 and 1,500 women and children were trafficked 
within the country annually. Approximately 35 percent of those 
trafficked were children between the ages of 14 and 18.
    The penal code contains several provisions relating to prostitution 
and indecency that the Government has used to prosecute traffickers. 
During the year the Government prosecuted child traffickers; most of 
the cases involved trafficking of children for agricultural labor 
exploitation and cattle herding. International trafficking was done on 
valid travel documents obtained through unlawful means. It occurred at 
both unmonitored crossing points and official points of entry. Some 
convicted child traffickers were sentenced to prison or required to pay 
fines; however, some who claimed ignorance of the law were merely 
warned and released.
    Police and the Ministry of Women and Child Development handled 
cases brought to their attention and provided services for victims, 
including counseling and reintegration assistance. The ministry 
repatriated victims to their home villages. Children were resettled 
with their families and most offenders were fined.
    The Government continued to implement a multiyear strategy to 
protect vulnerable children from exploitation, but there was no 
reportable progress on the development of a nationwide, 
interministerial plan to identify the extent of trafficking and 
possible solutions.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The Employment Act prohibits 
discrimination for employment; however, there is no comprehensive law 
governing discrimination against persons with disabilities. The law 
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, extremely limited 
resources prevented the Government from protecting these rights in 
practice. 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.
    A study by the Federation of Disability Organizations in Malawi 
found that 35 percent of children with disabilities had never attended 
school. The organization cited poor physical access to schools, lack of 
special needs teachers, and negative attitudes of parents and fellow 
pupils as causes. The 2007-08 budget for special needs education was 
cut by about 60 percent from 2006 levels.
    The Ministry of Persons with Disabilities and the Elderly is 
responsible for protecting the rights of 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 Malawi Rural Development Fund provided loans to 
persons with disabilities to support these activities.

    Other Societal Abuses and Discrimination.--Societal violence and 
discrimination based on sexual orientation occurred. A 2008 study by 
the Center for the Development of People found that approximately 34 
percent of homosexual men in the country had been blackmailed or denied 
services such as housing or healthcare due to their sexual orientation. 
Additionally, 8 percent surveyed said they had been beaten by police or 
other security forces due to their sexual orientation.
    Homosexuality is illegal, although there were no prosecutions for 
homosexuality during the year.
    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, but campaigns by the Government and NGOs to 
combat the stigma were having some success. The National AIDS 
Commission stated that discrimination was a problem in both the public 
and private sector.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except for 
army personnel and the police, to form and join trade unions of their 
choice without previous authorization or excessive requirements, 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 resistance on the part of 
many employees to joining unions. Union leaders estimated that 12 
percent of the formal sector workforce belonged to unions; however, 
accurate statistics 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 
implementation and enforcement of the law. The law provides for unions 
to conduct their activities without government interference.
    Unions must register with the Registrar of Trade Unions and 
Employers' Organizations in the Ministry of Labor, and registration was 
routinely granted.
    The law allows members of a registered union to strike or go 
through a formal mediation process overseen by the Ministry of Labor, 
and workers exercised this right. 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'' 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 heavy case backlog, the IRC could not 
monitor cases or adequately enforce the laws.

    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to organize and bargain collectively, and the Government 
protected this right. 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. The law was not effectively implemented due to lack of 
human and financial resources.
    There were no reports of antiunion discrimination.
    Twenty four firms held licenses to operate under export processing 
zone (EPZ) status, and 20 were operational. There are no special laws 
or exemptions from regular labor laws in export processing zones; 
however, many companies in the EPZs resisted union activity and union 
organizers stated they had little access to workers in the EPZs.

    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. Forced labor is 
punishable by a maximum fine of 10,000 MWK (approximately $70) or two 
years' imprisonment. However, in practice punishments were almost 
always limited to fines, and the modest fines imposed were not 
effective in discouraging labor violations.
    Although the Ministry of Labor reported no cases of forced labor, 
forced and bonded labor involving entire families occurred under the 
tenancy system. Tobacco plantation 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 amount of money 
received from tobacco sales, 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 
law sets the minimum age for employment at 14 years of age, and 
children aged 14-18 may not work in jobs that are considered hazardous 
or that interfere with their education; nevertheless, child labor was a 
problem.
    In June the Ministry of Labor stated that over 1.4 million children 
were engaged in child labor. A study in Thyolo found 41 percent of 
children under 15 engaged in at least part-time work. Seventy-eight 
percent of children between 10 and 14 living on tenant farms worked at 
least part-time with their parents on the farm.
    Child labor was common on tobacco farms, subsistence farms, and in 
domestic service. Many boys worked as vendors and young girls in urban 
areas often worked outside of their families as domestic servants, 
receiving low or no wages. Child trafficking for agricultural work took 
place both internally and across porous borders with Zambia and 
Mozambique.
    In October police arrested Lilongwe restaurant owner Mohamed Abed 
Ali and his employee Petro Kandindi for hiring four boys to clean a 
septic tank of the restaurant. The four boys, who ranged from ages 13-
18, were not provided any safety gear for the job. Kandindi claimed he 
thought all of the boys were over 18, but admitted he did not provide 
protective gear. The Ministry of Tourism sealed the restaurant and 
revoked its license. The case was still in the court at year's end.
    Police and the Ministry of Labor officials were responsible for 
enforcing child labor laws and policies; however, labor inspectors do 
not have law enforcement capabilities and must cooperate with the 
police to pursue violators. The law specifies a maximum fine of 20,000 
MWK (approximately $140) or five years' imprisonment for violations.
    The ministry continued to conduct child labor law enforcement 
courses for district labor officers, district social welfare officers, 
police, and district magistrate court officers. During the year the 
ministry continued inspections, particularly on agricultural estates. 
There were 31 district labor officers and an estimated 150 labor 
inspectors at year's end. There was no information available on the 
number of inspections carried out during the year. The Government 
continued to participate in several social programs to address child 
labor, including a three-year International Labor Organization project 
begun in 2005 to withdraw children and keep them from engaging in 
hazardous work on tobacco and tea farms and in domestic service. To 
date over 7,000 youths have been removed and rehabilitated under the 
program. The labor ministry youth committees in rural areas continued 
to monitor and report on child labor. Despite these efforts, 
enforcement by police and ministry inspectors of child labor laws was 
hindered by lack of funding.

    e. Acceptable Conditions of Work.--The Ministry of Labor 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, poor functioning 
of the TWAB resulted in delayed and inadequate wage rate revisions. The 
urban minimum was 142 MWK (approximately $1) per day; in all other 
areas, it was 105 MWK (approximately $0.75) per day. Minimum wage rates 
did not provide a decent standard of living for a worker and family. 
Official minimum wages only apply to the formal sector. Wage earners 
often supplemented their incomes through farming activities. The 
Ministry of Labor lacked the resources to effectively enforce the 
minimum wage. However, the minimum wage was irrelevant for most 
citizens, who earned their livelihood outside the formal wage sector. 
There was no exception for foreign or migrant workers.
    The maximum legal workweek was 48 hours, with a mandatory weekly 
24-hour rest period. The law requires payment for overtime work and 
prohibits compulsory overtime. In practice these standards were not 
effectively enforced and employers frequently violated statutory time 
restrictions.
    The law includes extensive occupational health and safety 
standards; however, ministry enforcement of these standards was poor.
    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.
    The law protects foreign workers in correct legal status. Illegal 
foreign workers were subject to deportation.

                               __________

                                  MALI

    Mali, with a population of approximately 12 million, is a 
constitutional democracy. International and domestic observers 
characterized the April 2007 presidential election, which resulted in 
the reelection of President Amadou Toumani Toure, and the July 2007 
legislative elections, as generally free and fair; however, there were 
some administrative irregularities. Groups of armed Tuaregs attacked 
military units and posts in the regions of Kidal, Gao, and Segou 
throughout the year. While civilian authorities generally maintained 
effective control of the security forces, there were instances in which 
elements of the security forces acted independently.
    The Government generally respected its citizens' human rights; 
however, there were problems, including arbitrary or unlawful 
deprivation of life, police abuses of civilians, poor prison 
conditions, arbitrary detention, lengthy pretrial detention, prolonged 
trial delays, restrictions on freedom of assembly, official corruption 
and impunity, domestic violence and discrimination against women, 
female genital mutilation (FGM), trafficking in persons, societal 
discrimination against black Tamacheks, slavery-like practices and 
hereditary servitude relationships between ethnic groups, and child 
labor.
    Attacks by groups of armed Tuaregs, including the Northern Mali 
Tuareg Alliance for Change (ATNMC) and the Alliance for Democracy and 
Change (ADC), injured civilians and displaced thousands of persons. A 
militia group called the Ganda-Izo reportedly killed civilians in the 
Gao region.
                        respect 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 
that the Government or its agents committed arbitrary or unlawful 
killings.
    On November 10, in Lere, National Guard troops fired on a crowd of 
demonstrators, killing one person and injuring six others. A government 
commission of inquiry into the incident produced no findings.
    Tuareg rebels alleged that security forces killed two Tuaregs, 
including one a former Tuareg rebel who had been reintegrated into the 
army. The Government denied any involvement in the killings (See 
Section 1.g.). There were no other reports of politically motivated 
killings.
    The August 2007 death of Youssouf Dembele was still being 
investigated at year's end.
    The Government released members of the 314th Army Company who were 
detained in connection with the October 2007 killing of Assaleh ag 
Mohamed, a gendarme and ethnic Tuareg; there were no further 
investigations into the case.

    b. Disappearance.--There were no reports that the Government 
committed politically motivated disappearances.
    On October 31, the terrorist organization al-Qaida in the Islamic 
Maghreb (AQIM) released two Austrian tourists to government officials 
in the north of the country. AQIM captured the Austrians in Tunisia in 
February.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were occasional reports that police abused civilians, and that 
police used excessive force to disperse demonstrators.
    On September 9, in Bamako, police arrested and beat several 
Congolese accorded refugee status by the United Nations High Commission 
for Refugees (UNHCR). The police reportedly arrested the refugees 
during an operation to arrest other immigrants. Police released the 
Congolese nationals the same day after UNHCR intervention.
    On October 10, in the Bamako neighborhood Medina Coura, police 
reportedly used excessive force and tear gas to disperse a 
demonstration, injuring two protestors.

    Prison and Detention Center Conditions.--Overall prison conditions 
remained poor. Prisons continued to be overcrowded, medical facilities 
were inadequate, and food supplies was insufficient. Inadequate 
sanitation and medical facilities posed serious threats to health.
    In Bamako, men and women were placed in separate prisons. Outside 
the capital men and women were held in separate cells within the same 
prison. Arrested individuals may be held for up to 72 hours in police 
stations where there are no separate holding areas for men and women. 
Juvenile offenders usually were held in the same prison as adult 
offenders, but were kept in separate cells. Pretrial detainees were 
held with convicted prisoners.
    The Government permitted prison visits by human rights monitors; 
however, 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. Approvals, which took up to one week, 
were routinely granted, but the week delay hindered the ability of 
monitors to ascertain if there were human rights violations. Several 
NGOs, including the Malian Association of Human Rights and the Malian 
Association of Women Lawyers (AJM), visited prisoners and worked with 
female and juvenile prisoners to improve their conditions.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, security forces 
detained persons without charge in connection with the country's 
internal conflict (See Section 1.g.) and arbitrarily arrested and beat 
several Congolese nationals accorded refugee status by the UNHCR.

    Role of the Police and Security Apparatus.--Security forces include 
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 is effectively under the control of the minister 
of internal security and civil protection. The police and gendarmerie 
are under the Ministry of Internal Security and Civil Protection. 
Police have responsibility for law enforcement and maintaining order in 
urban areas, while gendarmes have that responsibility in rural areas.
    The national police force is organized into districts. Each 
district has a commissioner who reports to the regional director at 
national headquarters. The police force was moderately effective but 
lacked resources and training. Corruption was a problem, and some 
police and gendarmes extorted bribes. Impunity was a problem, and 
police were often not held accountable for corruption. The gendarmerie 
conducted investigations of police officers. During the year 187 police 
officers were disciplined for infractions including excessive use of 
force, solicitation of bribes, and theft. In September the new general 
director of the National Police, Niame Keita, replaced 45 high-ranking 
police officers, including senior police official Boubacar Diouf. Diouf 
had been implicated in the disappearance of approximately 448 million 
CFA francs (approximately $1 million) from the police officers' pension 
fund, and was reassigned to another police position.

    Arrest and Detention.--Judicial warrants are required for arrest. 
Bailiffs normally deliver warrants, which stipulate when a person is 
scheduled to appear at a police station. While persons were usually 
apprehended openly with warrants based on sufficient evidence and 
issued by a duly authorized official, there were occasions on which 
warrants were not based on sufficient evidence. In cases involving a 
monetary debt, the arrested person frequently resolved the case at the 
police precinct, and the police received a portion of the recovered 
money. The law 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. 
Suspects must be transferred from a police station to a prison within 
72 hours after being arrested; however, in practice detainees were 
sometimes held more than 72 hours. Limited rights of bail or the 
granting of conditional liberty exist, particularly for minor crimes 
and civil matters. On occasion authorities released defendants on their 
own recognizance. Detainees are brought before an independent judiciary 
and have the right to a lawyer of their choice or a state-provided 
lawyer if indigent; however, administrative backlogs and an 
insufficient number of lawyers often prevented prompt access to legal 
representation and produced substantial trial delays. Detainees were 
allowed prompt access to family members.
    The Government detained persons without charge in connection with 
the country's internal conflict (See Section 1.g.) and arbitrarily 
arrested and beat several Congolese nationals accorded refugee status 
by the UNHCR.
    In contrast to 2007, there were no reports of incidents in which 
police arbitrarily arrested journalists, demonstrators, students, or 
teachers.
    Lengthy pretrial detention was a problem due to lengthy trial 
procedures, large numbers of detainees, judicial inefficiency, 
corruption, and staff shortages. In extreme cases, individuals remained 
in prison for several years before their cases came to trial. Judges 
set provisions for bail; however, many individuals lacked the financial 
resources needed to meet these provisions. Approximately 67 percent of 
the prison population consisted of persons awaiting trial.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the executive branch continued 
to exert influence over the judicial system, and corruption and limited 
resources affected the fairness of some trials. Domestic human rights 
groups alleged that there were instances of bribery and influence 
peddling in the courts. The minister of justice appoints and may 
suspend judges, and the Ministry of Justice supervises both law 
enforcement and judicial functions. The president of the country heads 
the Council of Magistrates, which oversees judicial activity.
    The country has a lower circuit court, a Supreme Court with both 
judicial and administrative powers, and a Constitutional Court that 
oversees constitutional issues and acts as an election arbiter. The 
constitution also provides for the convening of a High Court of Justice 
to try senior government officials in cases of treason.
    The military court system was not operational.
    Village chiefs, in consultation with local elders, decided the 
majority of disputes in rural areas based on local traditions and 
values.

    Trial Procedures.--Except in the case of minors, trials generally 
are public and juries are used. Defendants have the right to be present 
and have an attorney of their choice. Court-appointed attorneys are 
provided for the indigent without charge. Defendants have the right to 
consult with their attorney, but administrative backlogs and an 
insufficient number of lawyers often prevented prompt access. 
Defendants and attorneys have access to government evidence relevant to 
their cases. Defendants are presumed innocent and have the right to 
confront witnesses, to present witnesses and evidence on their behalf, 
and to appeal decisions to the Supreme Court. These rights extend to 
all citizens and all groups.
    In contrast to 2007, there were no reports of closed trials that 
were contrary to customary procedures.

    Political Prisoners and Detainees.--In contrast to 2007 when five 
journalists and a high school teacher were imprisoned in June for 
``offending'' the head of state, there were no reports of political 
prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. There is no separate court 
system for lawsuits seeking damages for, or cessation of, a human 
rights violation.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Violence in the north increased during the year as attacks by rebels 
and other armed groups of Tuaregs displaced thousands of civilians. 
Armed groups of Tuaregs, including the ATNMC and the ADC, attacked 
military units and posts in the regions of Kidal, Gao, and Segou.
    On March 26, in Aguelhok, several children were wounded by gunfire 
during a rebel attack on a military base.
    On April 10, two Tuaregs, Commandant Barka ag Cheikh and his driver 
Mohammed ag Moussa, were killed in Kidal. Ag Cheikh was an ADC member 
who had been reintegrated into the military. Ag Moussa was ag Cheikh's 
driver and also a local imam. ADC leaders accused the army of carrying 
out the killings; however, the Government denied any involvement. There 
were no arrests in connection with the killings and there was no 
inquiry underway by year's end.
    On December 20, the ATNMC attacked a military base in Nampala, in 
the Segou region; several civilians who lived within the base were 
reportedly killed during the attack.
    The Ganda-Izo militia, composed of ethnic Peuls and Songhai, killed 
four civilians of Tuareg descent: Rhissa ag Intawin, Zeynudin ag 
Sidiya, Attaher ag Erhq, and one other villager on September 1, in the 
town of Hourala. In response security forces arrested several dozen 
suspected Ganda-Izo members, including some members of the security 
forces. On September 15, in the village of Fafa, the military attacked 
a suspected Ganda-Izo hideout, arresting several more suspected Ganda-
Izo members. One suspected militia member and one soldier were 
reportedly killed and an unknown number of persons injured. While the 
Government released many of those arrested, an unknown number of others 
remained detained without charge at year's end. On September 25, Amadou 
Diallo, the leader of Ganda-Izo, was arrested in Niger and extradited 
to Mali where he remained detained without charge at year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and in contrast to 2007, the 
Government generally respected these rights in practice.
    Individuals criticized the Government publicly and privately, 
generally without reprisal; however, on occasion the Government 
attempted to impede such criticism.
    The independent media were active and expressed a wide variety of 
views.
    There were instances in which journalists were subject to arrest, 
harassment, and intimidation.
    On April 7, security forces in Gao detained a French journalist 
from the French television station France 24 and another journalist 
from the French newspaper Liberation. The France 24 journalist was made 
to return to Bamako, and remained in police custody for 24 hours. 
Security officials informed the journalists that they lacked proper 
authorization to travel to the north.
    Journalist Gnimadi Destin of Le Republicain newspaper reported 
receiving anonymous death threats after publishing an article on 
government corruption.
    On September 20, in Kita, police reportedly arrested and detained 
journalist Sidiki Doumbia overnight. According to Doumbia, he was 
traveling on public transportation when a police officer stopped the 
vehicle, made passengers without identity cards pay a fee, and then 
arrested him upon becoming aware he was a journalist. Doumbia filed a 
law suit against the arresting police officer. The suit was pending at 
year's end.
    There were few reported incidents of harassment of media outlets by 
the Government.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
There were numerous Internet cafes in Bamako, although home access in 
the capital was limited by cost. Outside of Bamako, there were a few 
sites where the Internet was available for public use.

    Academic Freedom and Cultural Events.--In contrast to 2007, there 
were no incidents of the Government restricting academic freedom or 
cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, at times the Government did not respect this right in 
practice.
    During the year the Government prohibited some Muslim groups from 
holding marches to express opposition to a proposed law abolishing the 
death penalty.
    On October 10, residents of the Bamako neighborhood Medina Coura 
accused the police of using excessive force and tear gas to disperse a 
group protesting a local leader's decision to place a garbage dump 
between two schools. Two of the protestors were injured.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right; however, the law prohibits association deemed immoral. In 2005 
the governor of the District of Bamako cited this law to refuse 
official recognition of a gay rights association.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    The Government required that all public associations, including 
religious associations, register; the process was routine and not 
burdensome. Traditional indigenous religious groups were not required 
to register.

    Societal Abuses and Discrimination.--The Jewish population was 
estimated at fewer than 50, and there were no reports of anti-Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights 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 extorted bribes.
    The constitution and law specifically prohibit forced exile; the 
Government did not use it.

    Internally Displaced Persons (IDPs).--Attacks by Tuareg rebels 
displaced several thousand persons in the northern region of Kidal 
during the year. In April local and international aid organizations 
estimated that there were 3,250 IDPs in Tinzawaten, 800 in In-Bulal, 
3,500 near Aguelhok, and more than 3,000 near Kidal. An unknown number 
of IDPs went to distant desert encampments or to Algeria.
    The Government provided some assistance to IDPs, allowed the 
International Committee of the Red Cross (ICRC) access to IDPs, and 
permitted IDPs to accept assistance provided by humanitarian 
organizations. The distances involved, difficult local terrain, land 
mine concerns, and rebel attacks hampered assistance efforts. The 
Government did not attack or target IDPs or forcibly return or resettle 
them. After peace negotiations in August, the Government and Tuareg 
rebels actively promoted the safe return of displaced persons; however, 
many persons remained displaced at year's end.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. A national committee in charge of refugees 
operated with institutional assistance from the UNHCR.
    During the year the Government also provided temporary protection 
to individuals who may not qualify as refugees under the 1951 
convention or the 1967 protocol and provided it to 54 persons during 
the year.
    On September 9, police arrested and beat several Congolese accorded 
refugee status by the UNHCR. Police released the Congolese nationals 
the same day after UNHCR intervention.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--In April 2007 voters 
elected President Amadou Toumani Toure to a second five-year term with 
71 percent of the vote. Legislative elections were held in July 2007. 
Domestic and international observers characterized both elections as 
generally free, fair, and without evident fraud, but there were 
administrative irregularities.
    Political parties generally operated without restrictions or 
outside interference.
    Fifteen women were elected to the 147-member National Assembly. 
There were six women in the 27-seat cabinet, five women on the 33-
member Supreme Court, and three women on the nine-member Constitutional 
Court; a woman chaired the Supreme Court.
    The National Assembly had 15 members from historically marginalized 
pastoralist and nomadic ethnic minorities representing the northern 
regions of Gao, Timbuktu, and Kidal. The cabinet also had two members 
from such minorities.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, corruption was a serious 
problem and officials frequently engaged in corrupt practices with 
impunity.
    On September 29, Ahmed Sow, who was appointed as the minister of 
energy, mines, and water in 2007, resigned due to corruption 
allegations stemming from his previous position as the director of the 
European Union's Center for Business Development.
    The Malian Anticorruption Agency (CASCA) and the independent Office 
of the Auditor General (OAG) are responsible for combating corruption. 
The CASCA oversees a number of smaller anticorruption units within 
various government ministries and reports directly to the presidency.
    The OAG's report for 2007 (released in 2008) found approximately 31 
billion CFA francs ($15 million) in lost revenues due to fraud and 
mismanagement, including lost revenue in the Customs Office, the 
Ministry of Finance, the Ministry of Mines, the Commission for Food 
Security, the Office du Niger, and the state-owned cotton company.
    There were no developments regarding the auditor general's annual 
report for 2006 (released in 2007) that cited approximately 101.4 
billion CFA francs ($218 million) in lost revenues in 2006 due to 
financial mismanagement, corruption, and fraud.
    The constitution requires the prime minister and other cabinet 
members to annually submit a financial statement and written 
declaration of their earnings to the Supreme Court. These documents 
were not made public.
    The law provides for public access to government information, and 
the Government generally granted such access for citizens and 
noncitizens, including foreign media. If an information request is 
refused, the person inquiring can appeal to an administrative court, 
which must handle the appeal within three months.
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.
    Major local human rights NGOS include the Collective of the Women 
NGOs and Associations (CAFO), AJM, Women and Children Rights Watch 
(ODEF), Women and Children's Rights Committee (CADEF), Women and Human 
Rights, Mali Human Rights Association (AMDH), the black Tamachek 
Association (TEMEDT), Mali Enjeu, and ENDA Tiers Monde.
    The Government cooperated with international organizations and 
permitted visits by UN representatives and other organizations such as 
the ICRC.
    In 2006 Mali created a National Commission on Human Rights (CNDH), 
under the Ministry of Justice; however, the CNDH existed in name only 
and produced no reports.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on social 
origin and status, color, language, gender, or race, but not 
disability.

    Women.--The law criminalizes rape; however, only a small percentage 
of rape cases were prosecuted and most cases of rape were not reported. 
There is no law specifically prohibiting spousal rape, but law 
enforcement officials stated that the criminal laws against rape 
applied to spousal rape.
    Domestic violence against women, including spousal abuse, was a 
problem. Most cases went unreported. Spousal abuse is a crime, but 
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 feared such allegations would be 
interpreted as grounds for divorce, were unable to support themselves 
financially, or sought to avoid social stigma. In 2007 the Government 
created a Planning and Statistics Unit to track prosecutions, but it 
was not operational.
    Assault is punishable by prison terms of one to five years and 
fines of up to 500,000 CFA francs (approximately $1,000) or, if 
premeditated, up to 10 years' imprisonment. The Ministry for the 
Promotion of Women, Children, and the Family distributed a guide 
regarding violence against women for use by health care providers, 
police, lawyers, and judges. The NGOs Action for the Defense and 
Promotion of Women Rights and Action for the Promotion of Household 
Maids operated shelters for abused female domestic laborers.
    Prostitution is legal and common in cities.
    The law does not specifically address sexual harassment, which 
occurred frequently.
    Family law favors men, and women are particularly vulnerable in 
cases of divorce, child custody, and inheritance rights, as well as in 
the general protection of civil rights. Women had very limited access 
to legal services due to their lack of education and information, as 
well as the prohibitive cost. For example, if a woman wanted a divorce, 
she had to pay approximately 50,000 CFA francs ($100) in legal and 
administrative fees to start the process, a prohibitive amount for most 
women.
    While the law provides for equal property rights, traditional 
practices and ignorance of the law prevented women from taking full 
advantage of their rights. A community property marriage must be 
specified in the marriage contract. In addition, if the type of 
marriage was not specified on the marriage certificate, judges presumed 
the marriage was polygynous. Traditional practice discriminated against 
women in inheritance matters, and men inherited most of the family 
wealth.
    Women's access to employment and to economic and educational 
opportunities was limited. According to the National Center for 
Information on Women and Children, women constituted approximately 15 
percent of the formal labor force. The Government, the country's major 
employer, paid women the same as men for similar work. The Ministry for 
the Promotion of Women, Children, and the Family was charged with 
ensuring the legal rights of women.
    The National Committee Against Violence Towards Women was largely 
nonfunctional. Several women's rights groups worked to highlight legal 
inequities. These groups also provided legal assistance to women and 
promoted women's rights.

    Children.--The Government was committed to providing for children's 
welfare and rights. Several laws protect children and provide for their 
welfare, including an ordinance that provides for regional positions as 
``child delegates'' to safeguard the rights and interests of children.
    Many births were not registered immediately; though the Government 
undertook a registration campaign during the year.
    Students were required to provide their own uniforms and supplies. 
During the 2006-07 school year, 58.8 percent of children ages seven to 
12 (51.7 percent of girls and 66.2 percent of boys) attended primary 
school. Girls' enrollment in school was lower than boys' at all levels 
due to poverty, cultural tendencies to emphasize boys' education, and 
early marriages for girls. Other factors affecting school enrollment 
included distance to the nearest school, lack of transportation, and 
shortages of teachers and instructional materials. There were an 
insufficient number of schools and teachers.
    Members of the black Tamachek community reported that some Tamachek 
children were denied educational opportunities due to slavery-like 
practices.
    Approximately 11 percent of students attended private Arabic-
language schools, or ``medersas.'' While medersas are required to 
adhere to an approved national curriculum, severe shortages of trained 
teachers and instructional materials made it difficult for many 
medersas to meet national standards.
    An unknown number of primary school-aged children throughout the 
country, mostly under age 10, attended part-time Koranic schools. 
Koranic schools taught only the Koran and were funded by students and 
their parents. Koranic masters often forced students, known as 
``garibouts,'' to beg for money on the streets or work as laborers in 
agricultural settings.
    There were no statistics on child abuse. Most child abuse cases 
went unreported. The police and the social services department under 
the Ministry for Solidarity and Social Development investigated and 
intervened in cases of child abuse or neglect; however, the Government 
provided few services for such children.
    In 2007 in Bamako, the police's Division for Protection of Children 
and Morals rescued 125 children from prostitution, including two 
underage boys. A 2004 governmental study, which involved 450 
interviews, found that the children most at risk for sexual 
exploitation were girls between the ages of 12 and 18 who worked as 
street vendors or domestic servants, or who were homeless children or 
the victims of child trafficking. Such exploitation was most prevalent 
in border zones, towns on transportation routes, and in mining areas. 
The study noted that most cases of sexual exploitation went unreported 
and recommended that the country strengthen its laws to protect 
children.
    FGM was common, particularly in rural areas, and was performed on 
girls between the ages of six months and six years. Approximately 95 
percent of adult women had undergone FGM. The practice was widespread 
in most regions with the exception of certain northern areas, occurred 
among most ethnic groups, was not subject to class boundaries, and was 
not religiously based. There are no laws specifically prohibiting FGM; 
however, a government decree prohibits FGM in government-funded health 
centers.
    The Government was unable to eliminate FGM by 2008, despite 
continued implementation of a two-phase plan to do so. Information 
campaigns regarding FGM reached citizens throughout the country and 
human rights organizations reported that FGM decreased among children 
of educated parents. In some instances, FGM practitioners agreed to 
stop the practice in exchange for other income-generating activities.
    The marriage code allows girls under age 15 to marry if they have 
parental consent and special permission from a judge, and sets the 
minimum age for girls to marry without such consent at 15. Underage 
marriage was a problem throughout the country, with parents in some 
cases arranging marriages for girls as young as nine. According to 
local human rights organizations, judicial officials frequently 
accepted false documents claiming that girls under the age of 15 were 
old enough to marry.

    Trafficking in Persons.--The law prohibits trafficking in children, 
but does not address trafficking in adults, and there were reports that 
women and children were trafficked to, from, and within the country. 
Persons, including children, were trafficked between Mali and other 
West African countries, including Burkina Faso, Cote d'Ivoire, Guinea, 
Senegal, Nigeria, and Mauritania for the purposes of forced labor and 
commercial sexual exploitation. Most child trafficking occurred within 
the country. In many cases parents in rural areas entrusted their 
children to traffickers, falsely believing that the children would be 
provided with economic or educational opportunities. Children were 
trafficked for agricultural work, domestic servitude, begging, gold 
mining, and prostitution.
    Child trafficking is punishable by five to 25 years' imprisonment. 
There were no reports of trafficking-related prosecutions during the 
year.
    On March 12, police in the town of Kita rescued 26 children 
reportedly trafficked by three Malian nationals. Of these children, 24 
were Guinean citizens; they were repatriated to Guinea on March 29. The 
two Malian children were returned to their families. One of the 
arrested suspects claimed to be a Koranic school teacher. On June 20, 
all three suspects were released from prison on their own recognizance 
pending trial. At year's end no trial date had been set.
    In early December NGOs repatriated seven Burkinabe children 
trafficked by a Koranic school teacher to the country. No charges were 
filed against the teacher by year's end.
    The two Ivoirian nationals who were arrested in March 2007 for 
trafficking boys ages 16 to 18 from Cote d'Ivoire were released on 
their own recognizance pending trial. At year's end no trial date had 
been set.
    The two persons arrested in 2006 for allegedly trafficking 24 
persons from Burkina Faso remained in prison awaiting trial at year's 
end.
    The Ministry for the Promotion of Women, Children, and the Family 
and the Ministry of Labor and Civil Service shared responsibility for 
combating trafficking.
    When asked, the Government assisted with international trafficking 
investigations and the extradition of citizens accused of trafficking 
in other countries, but there were no such cases reported during the 
year. The Government worked closely with international organizations 
and NGOs to coordinate the repatriation and reintegration of 
trafficking victims.
    Welcome centers operated by NGOs in Mopti, Segou, Sikasso, and 
Bamako assisted in returning trafficked children to their families. The 
Government worked through these NGOs to provide temporary shelter and 
protection for victims of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There was no specific law protecting 
the rights of persons with disabilities in employment, education, 
access to health care, or in the provision of other state services.
    There is no law mandating accessibility to public buildings. The 
Ministry of Social Affairs is charged with the protection of the rights 
of persons with disabilities.

    National/Racial/Ethnic Minorities.--Societal discrimination against 
``black'' Tamacheks, often referred to by the pejorative label Bellah, 
continued. Some black Tamachecks were deprived of civil liberties by 
other ethnic groups due to traditional slavery-like practices and 
hereditary servitude relationships between certain ethnic groups. Black 
Tamachek communities in Gao and Menaka also reported systematic 
discrimination by local officials and others that hindered their 
ability to obtain identity documents or voter registration cards, 
locate adequate housing, protect their animals from theft, seek legal 
protections, or access development aid.

    Other Social Abuses and Discrimination.--Societal discrimination 
based on sexual orientation occurred.
    Societal discrimination against persons with HIV/AIDS occurred.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form or 
join independent unions of their choice without previous authorization 
or excessive requirements, and workers exercised these rights. Only the 
military, the gendarmerie, and the National Guard were prohibited from 
forming unions. An estimated 95 percent of salaried employees were 
organized, including teachers, magistrates, health workers, and senior 
civil servants.
    The law allows unions to conduct their activities without 
interference, and the Government respected this right in practice.
    Unions have the right to strike, and workers exercised this right. 
Civil servants and workers in state-owned enterprises are required to 
give two weeks' notice of a planned strike and to 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 enforced 
these laws effectively.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining, and workers exercised 
this right freely. The law does not prohibit antiunion discrimination, 
but there were no reports of antiunion behavior or activities 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, such 
practices occurred.
    The law prohibits the contractual use of persons without their 
consent; penalties include a fine and hard labor. Penalties increase to 
20-years imprisonment if a person under age 15 years of age is 
involved.
    Many black Tamacheks continued to be subjected to slavery-like 
practices and hereditary servitude relationships, particularly in the 
northern regions of Gao, Timbuktu, and Kidal.
    In March Agiachatou walet Touka, a black Tamachek woman, filed a 
lawsuit in Menaka against Sagoudene ag Adime, claiming she was a victim 
of slavery and that several of her family members remain in captivity. 
Judicial authorities took no action on the case during the year.
    Also in March Iddar ag Ogazide, a black Tamachek, filed a complaint 
in the city of Gao against Erzaghi ag Bayes for slave holding. Ag 
Ogazide and his wife allegedly lived in servitude to the ag Bayes 
family. In April antislavery activists helped ag Ogazide recover his 
three-year-old son from ag Bayes. As part of the complaint, ag Ogazide 
demanded the release of two family members that he claimed were still 
held by ag Bayes. Judicial authorities took no action on this case 
during the year.
    In 2007 in Menaka, Tatche walet Ekadaye filed a complaint against 
Ahmed Iknane ag Bakka that included an accusation against him for 
slave-holding. According to the complaint, ag Bakka claimed traditional 
ownership rights over Tatche and her family, and in 2003 had abducted 
five children from Tatche's family. Two of the children were rescued by 
government authorities a few months later. Ag Bakka continued to hold 
the two remaining children during the year. No action was taken on the 
case by year's end.
    There were no developments in the case of Moumou ag Tamou, a black 
Tamachek child taken from his family by Hamed Lamine ag Alwafi in Kidal 
in September 2007. Ag Alwafi allegedly claimed traditional ownership 
rights over the child.
    Debt bondage occurred in the salt mines of Taoudenni, which is in 
the north. Individuals primarily of Songhai ethnicity, including some 
children, worked as salt miners to pay off debts owed to businessmen in 
Timbuktu.
    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. Child labor was a 
problem. Child labor predominated in the agricultural, mining, and 
domestic help sectors and, to a lesser degree, in craft and trade 
apprenticeships and cottage industries.
    The labor code permits children between the ages of 12 and 14 to 
work in domestic work or light seasonal work, and limits the number of 
hours that they may work. No child is permitted to be employed for more 
than eight hours per day under any circumstances. Female children ages 
16 to 18 cannot be employed for more than six hours per day. However, 
these regulations were not enforced in practice.
    A 2005 survey found that two-thirds of children age five to 17 were 
economically active and that most of these children were subjected to 
the worst forms of labor. Some Koranic schoolmasters forced boys to beg 
for money. Children, especially girls, were used for forced domestic 
labor and prostitution. Child labor in the mining sector, including 
salt mining in Taoudenni and gold mining, was also a problem. Black 
Tamachek children were used as forced domestic and forced agricultural 
laborers.
    The authorities enforced labor code provisions through inspectors 
from the Ministry of Labor and State Reforms, which conducted surprise 
inspections and complaint-based inspections; however, resource 
limitations restricted the frequency and effectiveness of oversight by 
the Labor Inspection Service, which operated only in the formal sector.
    A 43-member national committee for child labor and trafficking 
issues worked to develop a list of the worst forms of child labor. The 
committee is composed of 13 ministries as well as NGOs, and is chaired 
by the Ministry of Labor. The Government did not approve the list by 
year's end.

    e. Acceptable Conditions of Work.--The national minimum wage rate, 
set during the year, was 28,465 CFA francs ($60) per month, which 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, most wage 
earners supported large extended families. Persons working in informal 
and subsistence sectors did not receive the minimum wage. The labor 
code specifies conditions of employment, including hours, wages, and 
social security; however, many employers either ignored or did not 
comply completely with the regulations.
    The legal workweek was 40 hours (45 hours for agricultural 
employees), with a requirement for a 24-hour rest period. Workers had 
to be paid overtime for additional hours. The law limits overtime to 
eight hours per week. Labor inspectors usually visited work sites only 
after complaints were filed by labor unions.
    The law provides a broad range of legal protections against hazards 
in the workplace; however, authorities did not effectively enforce 
these standards. Workers' groups brought pressure on employers to 
respect sections of the regulations. With high unemployment, however, 
workers often were reluctant to report violations of occupational 
safety regulations. The Labor Inspection Service oversees these 
standards but limited enforcement to the 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 to request an 
investigation by the Social Security Department, which is responsible 
for recommending remedial action where deemed necessary; it was not 
known if any worker had done so.

                               __________

                               MAURITANIA

    Mauritania, with an estimated population of 3.4 million, is a 
highly centralized Islamic republic governed by a military junta known 
as the High State Council (HSC). The HSC is led by General Mohammed 
Ould Abdel Aziz, who also claims the title of Head of State. The HSC 
assumed power on August 6, when several military officers overthrew 
democratically elected president Sidi Ould Cheikh Abdallahi in a 
bloodless coup. The HSC formed a new government under the new Prime 
Minister Moulaye Ould Mohammed Laghdaf, but did not dissolve 
parliament. The military coup followed a multiparty March 2007 
presidential election and parliamentary elections in 2006 and February 
2007; both elections were deemed free and fair by international 
observers. Until the August 6 coup, civilian authorities maintained 
effective control of the security forces.
    Following the August 6 coup, several prominent civil society 
organizations reported deterioration in the human rights situation. The 
coup abridged citizens' right to choose their government. Prison 
conditions remained harsh. There were arbitrary arrests and political 
detainees, including President Abdallahi and Prime Minister Yahya Ould 
Ahmed El Waghef. Mistreatment and torture of detainees and prisoners, 
and lengthy pretrial detention occurred. There were limits on freedom 
of the press and assembly with instances of police beating 
demonstrators. Slavery and slavery-like practices persisted, 
particularly in rural areas. Restriction on freedom of religion 
continued. Corruption was a problem. Long-term problems of 
discrimination against women, female genital mutilation (FGM), child 
labor, and political marginalization of largely southern-based ethnic 
groups persisted.
    Prior to the August 6 coup, the democratic government supported 
nationwide sensitization on a new antislavery law and increased public 
discussion on taboo issues, such as ethnic divisions and social 
injustices. The democratic government also supported national 
reconciliation efforts regarding the country's 1989-91 expulsion of 
Afro-Mauritanians through the launch of a repatriation program in 
coordination with the Office of the UN High Commissioner for Refugees 
(UNHCR). The HSC stated these efforts would continue, but some 
nongovernmental organizations (NGOs) reported that nothing had been 
done by the military government to further raise awareness. However, 
repatriation efforts continued.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices, 
there were credible reports that police beat and mistreated detainees 
and prisoners. Those who lacked money or influential family or tribal 
ties reportedly were most likely to be mistreated. According to a 
December 3 Amnesty International (AI) report, security forces used 
torture as a method of investigation and repression, and perpetrators 
acted with impunity. Security forces tortured detainees to extract 
confessions, with incidents of torture increasing under the military 
junta. Torture methods included electric shocks, burnings, beatings, 
pulling out of hair, and sexual violence. According to AI, there were 
no known cases where authorities investigated reports of torture or 
abuse or took action against perpetrators.
    As of May 26, police had detained 39 suspected terrorists allegedly 
involved in the December 2007 Aleg murders of four French citizens and 
the February 1 attack against the Israeli Embassy in Nouakchott. Police 
reportedly tortured and held the suspects incommunicado in military 
detention prior to transferring them in August to a civilian prison. At 
year's end, there had been no progress on these cases.
    On May 29, lawyers for suspected terrorists Abdel Kerim Ben Veraz 
El Baraoui, Ahmed El Moctar Ould Semane, and Cheikh Ould Salem claimed 
that police tortured their clients by hanging them by their feet and 
burning cigarettes on their bodies. There were no reports of 
authorities investigating the matter by year's end.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and the Government's capacity to administer detention facilities 
remained poor. One of Nouakchott's two prisons was rebuilt and reopened 
as a high-security prison in September. Funds to improve prison 
conditions remained inadequate. As in the previous year, prisoners at 
the Nouadhibou prison protested poor conditions on July 9, as did 
prisoners in Nouakchott on October 3. Serious overcrowding and 
inadequate sanitation facilities in some prisons contributed to 
diseases such as tuberculosis, diarrhea, and skin ailments. Medical 
supplies remained insufficient in all prisons. Prisoners with high-
level connections or families to bring them food and medicines fared 
better than the less privileged or foreign prisoners.
    There were credible reports of torture, beatings, and abuse in 
police detention centers, several prisons throughout the country, and 
gendarmerie and military facilities.
    Women and minors were held in two separate facilities. Sexual 
violence reportedly occurred in the women's prison, which employed both 
male and female guards. Children of female prisoners remained with 
their mothers, or the Ministry of Justice gave temporary custody of the 
children to another family member. International NGOs, such as Noura 
Foundation, Caritas, and Terre des Hommes provided educational and 
economic opportunities for current and former juvenile and female 
detainees. Overcrowding was reportedly due to the high number of 
pretrial detainees, the majority of whom were juveniles. As a result 
pretrial detainees were frequently held with convicted prisoners. 
Pretrial terrorist suspects were held in separate areas from the 
general prison population in Nouakchott's central prison. Many 
prisoners were unable to leave their extremely crowded cells or breathe 
fresh air for months or years at a time.
    The Government permitted prison visits by NGOs, diplomats, and 
international human rights observers. The International Committee of 
the Red Cross (ICRC) had access to prisons and conducted multiple 
prison visits in accordance with its standard modalities, including 
visits to terrorism suspects.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the democratic government 
generally observed these prohibitions. However, during and after the 
August coup, the military arrested a number of political figures 
without charge or hearings.

    Role of the Police and Security Apparatus.--The National Police, 
under the Ministry of the Interior, is responsible for law enforcement 
and maintaining order in urban areas. The National Guard, also under 
the Ministry of Interior, performs police functions throughout the 
country in areas in which city police are not present. The gendarmerie, 
a specialized paramilitary group under the Ministry of Justice and 
Ministry of the Interior, is responsible for maintaining civil order in 
and outside metropolitan areas.
    The police were unprofessional, unresponsive, and lacked equipment 
and training. Corruption was a serious problem. Police regularly 
demanded bribes at illegal roadblocks in Nouakchott. Police in some 
regions arrested former criminals and demanded bribes for their 
release, and some indicted detainees were released before trial without 
explanation. The Government rarely held security officials accountable 
or prosecuted them for abuses. There were no prosecutions of police 
during the year.

    Arrest and Detention.--The application of constitutional safeguards 
continued to vary widely from case to case. The law requires duly 
authorized arrest warrants, but they were not commonly used. The law 
requires that courts review the legality of a person's detention within 
48 hours of arrest; however, the police can extend the period for an 
additional 48 hours, and a prosecutor or court can detain persons for 
up to three weeks in national security cases. Only after the prosecutor 
submits charges does a suspect have the right to contact an attorney. 
Attorneys for the indigent are provided at state expense. While one 
article of the law provides detainees 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. NGOs reported that respect for these timelines 
deteriorated over the course of the year. There was no functional bail 
system.
    In October the Government arrested seven individuals for alleged 
ties to terrorist groups. Four of them were released without charge and 
three were formally charged (one with the additional charge of 
possession of explosives) within the prescribed time. There were no 
developments reported in these cases by year's end.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, it was not independent in 
practice. The executive branch continued to exercise significant 
influence over the judiciary through its ability to appoint and 
pressure judges. In addition, poorly educated and trained judges were 
susceptible to social, financial, and tribal pressures which limited 
judicial fairness. International donors funded training for prosecutors 
and judges during the year to increase judicial efficiency.
    There is a single system of courts consistent with modified 
principles of Shari'a law. 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 10,000 ouguiya (approximately $37) and family issues, 
including domestic, divorce, and inheritance cases. A total of 13 
regional tribunals accepted appeals in commercial and civil matters 
from the departmental tribunals and heard misdemeanor 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 High Court of Justice (HCJ) also lacks independence because its 
members are elected from both parliamentary houses. The HCJ reviews 
decisions and rulings made by the courts of appeal to determine their 
compliance with law and procedure. It also has jurisdiction to hear 
cases of abuse or corruption by high government officials.
    Constitutional review was within the purview of a six-member High 
Constitutional 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. In 
December the council exercised its limited oversight in rejecting the 
National Assembly's proposed amendments to its internal procedures. 
These amendments were drafted by procoup parliamentarians and designed 
to force the ouster of National Assembly President Messaoud Ould 
Boulkheir.

    Trial Procedures.--The law provides for due process. Defendants 
have a right to a public trial, but juries are not used. All 
defendants, regardless of the court or their ability to pay, have the 
legal right to representation by counsel during the proceedings. If 
defendants lacked the ability to pay for counsel, the court appointed 
an attorney from a list prepared by the National Order of Lawyers, 
which provided a defense free of charge. However, this measure was not 
efficiently enforced during the year. There is a presumption of 
innocence and the right to appeal. These rights were also extended to 
minorities. Defendants can confront or question witnesses and present 
witnesses and evidence in both civil and criminal cases. In theory, 
defendants have access to government-held evidence, but access has 
proven difficult in practice. The foregoing rights generally were 
observed in practice, but did not extend to women.
    Shari'a provides the legal principles upon which the law and legal 
procedure are based; the courts did not treat women as the equals of 
men in all cases.
    A special court hears cases involving 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. The minimum age for children to be 
tried is 12. Those between the ages of 12 and 18 are tried and, if 
convicted, sentenced to the juvenile detention center.

    Political Prisoners and Detainees.--Since the August 6 coup, a 
number of political figures were arbitrarily arrested or detained under 
house arrest without charges or hearings. They included President 
Abdallahi, the First lady Khattou Mint Bakhari, Prime Minister Waghef, 
Interior Minister Mohammed Ould R'Zeizim, the National Pact for 
Democracy and Development (PNDD/Adil) party Vice-President Ahmed Ould 
Sidi Baba, the President of the National Agency for the Welcome and 
Reintegration of Refugees (ANAIR) Moussa Fall, the director of the 
Government radio station (Radio Mauritanie) Kabir Ould Hamoudi, Colonel 
Abderrahmane Ould Boubacar, and Colonel Ahmed Ould Ismael. President 
Abdallahi and his wife were held incommunicado at times. All the 
detainees except Abdallahi were released after a few days.
    On August 21, former Prime Minister Waghef was again detained while 
traveling to an antimilitary protest in Nouadhibou. Waghef was 
subsequently transferred to his home village of Moudjeria, 250 miles 
east of Nouakchott, and placed under house arrest. On November 13, 
junta authorities formally arrested Waghef on charges of embezzlement; 
Waghef remained in prison in Nouakchott at year's end.
    On November 13, the HSC authorities transferred President Abdallahi 
from house arrest in Nouakchott to house arrest in his hometown of 
Lemden, where he was allowed contact with his family, supporters, and 
diplomatic representatives. On December 21, authorities released 
Abdallahi from house arrest and forcibly transferred him to Nouakchott 
during the night. Abdallahi chose to return voluntarily to Lemden so he 
could return to Nouakchott at a time of his own choosing. At year's 
end, Abdallahi was still in Lemden.

    Civil Judicial Procedures and Remedies.--The Administrative Court 
has the jurisdiction to hear complaints of human rights violations. NGO 
representatives stated they collaborated with the court, but that it 
was not impartial in practice.

    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 respected these 
rights in practice. Individuals could criticize the Government publicly 
or privately; however, police questioned and detained members of the 
press on several occasions, including the March 25-31 detention of 
Assiraje newspaper journalist Mohamed Salem Ould Mohamedou for unknown 
reasons; the June 12-15 detention of Arabic-language weekly Al-
hurriya's director of publication, Mohamed Nema Oumar; and the July 21-
August 17 detention of Al-hurriya journalist Mohamed Ould Abdellatif. 
Oumar and Abdellatif were detained and then charged with defamation due 
to an Al-hurriya article accusing three judges of corruption. After 
spending nearly a month in prison, they were granted provisional 
release pending the start of their trial; the trial had not begun by 
year's end.
    In February an appeals court upheld the November 2007 one-year 
prison sentence of Al-Aqsa newspaper director Abdel Fettah Ould 
Abeidna, who was convicted of falsely accusing a prominent businessman 
of involvement in a drug scandal.
    On October 8, trade union activists allegedly assaulted Al Jazeera 
cameraman Mohamed Ould Moustafa due to his film coverage of post-coup 
opposition activities.
    The independent media were active and expressed a wide variety of 
views with limited restrictions. However, some journalists practiced 
self-censorship in areas deemed sensitive, including the military, 
foreign diplomatic missions, corruption, and Shari'a law.
    There were approximately 30 privately owned newspapers that were 
published on a regular basis in both French and Arabic. NGOs and the 
privately owned press openly criticized the Government and its leaders. 
Two daily newspapers, Horizons (French language version) and Chaab 
(Arabic language version), were government-owned.
    On August 6, immediately following the coup, military authorities 
blocked the road as a means of protecting the presidential palace. This 
action prevented several newspapers from publishing that day since the 
country's only printing press is located on the same road. There were 
no reports that the Government restricted opposition access to the 
printing press during the year.
    All broadcast media remained state owned. Radio France 
International was rebroadcast locally, and citizens could receive 
worldwide television broadcasts through satellite receivers and dish 
antennas.
    On June 12, the only private radio program, Radio Citoyenne, was 
taken off the air when state-run Radio Mauritanie opted not to renew 
the program's contract. The Governmental justification for not renewing 
the contract was that Radio Mauritanie was no longer able to provide 
time slots for Radio Citoyenne's broadcast. The Government also 
suspended other radio and television programs devoted to civic 
education.
    On July 21, then prime minister Waghef opened a multiday conference 
on the liberalization of the audiovisual sector. The Government enacted 
a law on the liberalization of the audiovisual sector, but the 
application decree was never passed.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by electronic 
mail. Internet access was available in urban areas throughout the 
country, with home access common among the affluent, and cyber cafes 
serving the remainder of the population.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution guarantees freedom of assembly. The law 
requires that organizers apply to the local prefect (hakim) for 
permission to hold large meetings or assemblies, and permission was 
generally approved prior to the August 6 coup. Following the coup, 
public demonstrations with varying levels of violence, both supporting 
and opposing the coup, were reported around the country with varying 
levels of violence. There were a number of incidents in which security 
forces forcefully dispersed opposition demonstrations.
    On August 13, police used tear gas to disperse a group of women 
marching against the coup in front of the National Assembly; one 
demonstrator was injured. On August 18, police used tear gas to 
disperse another group of opposition protesters and injured one person.
    On August 18, Nouakchott authorities denied a protest permit to the 
National Front for the Defense of Democracy (FNDD), an opposition party 
coalition, despite granting a permit to a projunta group on the same 
day. On the same day, authorities in Aleg also denied protest permits 
to opposition members.
    On August 19, police dispersed a trade union protest in Nouakchott 
with tear gas and clubs. Police also arrested the union's secretary 
general, Samory O. Beye, and released him on the same day.
    On October 5 and 7, Nouakchott police dispersed with tear gas and 
use of force an opposition group's anticoup protest after authorities 
denied the group's permit.
    On October 15, opposition groups attempted a public anticoup 
protest in Nouakchott without approval from authorities. Police again 
dispersed the crowds with tear gas and the use of force, reportedly 
injuring two demonstrators.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right.
    All political parties and local NGOs must register with the 
Ministry of the Interior, while all international NGOs must register 
with the Ministry of Economic Affairs and Development. The Government 
encouraged local NGOs to join the Civil Society Platform, a government-
sponsored entity implemented in January. NGOs that are members of the 
platform do not receive government funding. Some NGOs maintained that, 
after the coup, the platform became a collection of procoup 
organizations.
    The country has approximately 55 registered political parties and 
numerous NGOs, which generally functioned openly, issued public 
statements, and chose their own leadership. The Government did not 
prevent unrecognized political parties or NGOs from functioning. 
However, on August 6, police raided the headquarters of the PNDD/Adil, 
the party of President Abdallahi. Police also arrested and later 
released without charge the party's president, former prime minister 
Waghef, and its vice president, Ahmed Ould Sidi Baba.

    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 continued to prohibit 
proselytizing by non-Muslims and the printing and distribution of 
Bibles and other non-Islamic religious materials. However, the 
possession of Bibles and other Christian religious materials in private 
homes was not illegal. Bibles and other religious publications were 
available among the small Christian community, which was composed 
almost entirely of expatriates. There was a multidenominational church 
in Nouakchott with a regular schedule of services.
    The Government did not register religious groups, although NGOs-
including humanitarian and development NGOs affiliated with religious 
groups-had to register with the Ministry of the Interior. The 
Government continued to restrict Protestant groups from meeting in 
members' homes until they received official recognition.

    Societal Abuses and Discrimination.--A very small number of 
expatriates practiced Judaism.
    On February 1, terrorists affiliated with al-Qa'ida shot at the 
Israeli Embassy and adjacent buildings. The democratic government under 
President Abdallahi publicly condemned the attack. Five persons were 
reportedly injured. Nine suspects were arrested and were still held in 
prison by year's end without trial.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation. The Government generally respected these rights, but 
persons lacking identity cards could not travel freely in some regions. 
Since the August coup, HSC authorities reportedly restricted 
international travel of some opposition members.
    The Government set up roadblocks where gendarmerie, police, or 
customs officials checked the papers of travelers and often demanded 
bribes. During the year the Government maintained fewer roadblocks and 
reduced the time taken in questioning and conducting vehicle searches; 
however, there were periodic reports of more stringent searches in the 
southern border areas and in the eastern regions where the group al-
Qa'ida in the Islamic Maghreb (AQIM) was active.
    The law does not prohibit forced exile, and there were no reports 
that the Government used it.
    On January 2, President Abdallahi by decree created the agency 
ANAIR, whose mandate is to ensure the integration of repatriated 
refugees, provide administration and identification support, and 
contribute to social and economic development of resettlement areas. 
The majority of Afro-Mauritanian returnees were unable to obtain 
identity cards. Although Abdallahi's government worked in good faith to 
reintegrate refugees, the military junta under General Aziz attempted 
to create divisions within the refugee community.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, returning refugees, asylum seekers, stateless 
persons, and other persons of concern; however, the Government lacked 
resources to effectively support these persons. According to the UNHCR, 
approximately 4,670 Afro-Mauritanian refugees returned during the year 
as part of a national repatriation program. These were among the 
estimated 25,000 to 34,000 Afro-Mauritanians who took refuge in Senegal 
and Mali during the 1989-91 expulsion.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees or its 1967 protocol, or the 1967 
African Union Convention on the Status of Refugees, but a prior 
government established a system for providing such protection. In 
practice the Government provided protection against the expulsion or 
return of refugees to countries where their lives or freedoms would be 
threatened. The Government provided protection to approximately 1,000 
refugees during the year.
    During the year the Government worked to assist the UNHCR, the 
European Commission, and the Government of Spain in returning migrants 
attempting to enter the Canary Islands by sea to their countries of 
origin. The Government operated a migrant reception center in the 
Dahklet Nouadhibou region, with assistance of the Mauritanian Red 
Crescent and Spanish Red Cross, to process returned migrants and to 
provide nutritional and medical care. The Government gave the UNHCR 
access to returned migrants to determine if they were eligible for 
refugee status. In view of freedom of movement agreements with the 
Economic Community of West African States, the Government allowed West 
African migrants to remain, deporting only those found in the act of 
attempting illegal travel to the Canary Islands.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides for universal direct and indirect 
suffrage, a republican government, and the regular election of the 
president and legislature. However, on August 6, a group of military 
officers led by General Aziz seized power from democratically elected 
President Abdallahi in a bloodless military coup. The military 
authorities, also known as the HSC, supplanted the office of the 
president while retaining the parliament and appointing a new prime 
minister. However, the HSC issued a decree in which it reserved the 
right to exercise legislative authority as well if it deems the 
legislature ineffective.

    Elections and Political Participation.--The country enjoyed a 
peaceful transition to democratically elected government for the first 
time in its history with the March 2007 election of President 
Abdallahi, who won 53 percent of the vote. National and international 
observers judged the election as free and fair.
    The 95-person National Assembly includes representatives from 12 of 
the 25 parties that contested the 2006 legislative elections as well as 
41 independents.
    There were 15 women in the National Assembly and eight women in the 
Senate. During the year there were four women and seven to 10 ethnic 
minority members in each of the three successive cabinets. The HSC's 
cabinet included two women and seven ethnic minorities.
    The electoral law requires that legislative candidate lists to be 
at least 20 percent women, which resulted in the election of 
approximately that percentage in the National Assembly.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
enforce the law effectively, and officials often engaged in corrupt 
practices with impunity. Corrupt practices were widely believed to 
exist at all levels of government, and the World Bank governance 
indicators reflected that corruption was a serious problem. Government 
officials reportedly received frequent favors from authorities, such as 
unauthorized exemption from taxes, special grants of land, and 
preferential treatment during bidding on government projects. 
Corruption was most pervasive in government procurement, bank loans, 
fishing license distribution, land distribution, and tax payments. The 
Government did not enforce the requirement for senior officials, 
including the president, to publicly declare their personal assets. 
Members of the HSC did not declare their personal wealth during the 
year. On September 2, parliamentary members elected officials from 
among themselves to sit on the HCJ, which should be composed of 
parliamentary members proposed by the president and confirmed by the 
National Assembly.
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.
    Major local human rights organizations included the Mauritanian 
Association of Human Rights (AMDH), the Mauritanian League of Human 
Rights (LMDH), SOS Esclaves, and the Mauritanian Association for 
Maternal and Child Health, all of which were independent NGOs. These 
NGOs were also members of several networks or coalitions such as the 
National Forum of Organizations for Human Rights (FONADH) and the 
National Commission of Human Rights (CNDH). Since the CNDH included 
government members, it was not fully independent.
    The Government met with local NGO monitors during the year and 
cooperated during visits by the UN and ICRC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law provide for equality for all citizens 
regardless of race, national origin, sex, or social status, and 
prohibits racial or ethnic propaganda; however, the Government often 
favored individuals on the basis of racial and tribal affiliation, 
social status, and political ties. Societal discrimination against 
women, trafficking in persons, and racial and ethnic discrimination 
were problems.

    Women.--According to NGOs, the incidence of both reported and 
unreported rape continued to be high. Reported rapes in Nouakchott 
increased threefold from 25 in 2007 to 75 during the year. Rape, 
including spousal rape, is illegal; however, the Government did not 
enforce the law effectively. Several cases were reported of wealthy 
rape suspects avoiding prosecution or, if prosecuted, avoiding prison 
time. National statistics on arrests, prosecutions, and convictions for 
rape were unavailable.
    Human rights monitors and female lawyers reported few cases of 
domestic violence; however, it is thought such cases go largely 
unreported. Spousal abuse and domestic violence are illegal; however, 
the Government did not usually enforce the law effectively. Penalties 
included imprisonment, but convictions were very rare. The police and 
judiciary occasionally intervened in domestic abuse cases, but women in 
traditional society rarely sought legal redress, relying instead on 
family and community leaders to resolve domestic disputes.
    Although prostitution is illegal, NGO reporting indicated that it 
was a growing problem in some urban areas, particularly among Afro-
Mauritanian and Black Moor women. Trafficking of Chinese women for 
brothels catering to foreigners in Nouakchott and Nouadhibou was 
reported, although no cases of women seeking assistance were reported.
    Traditional forms of mistreatment of women continued, mostly in 
isolated rural communities, but these practices appeared to be 
declining. One form of such mistreatment was the forced feeding of 
adolescent girls (gavage) prior to marriage, which was practiced only 
among White Moor tribal groups. Increased government, media, and civil 
society attention to the problem led to a marked decline in traditional 
views encouraging female obesity despite the health risks.
    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 requires parental consent. 
In accordance with the personal status code, men are required to 
request spousal consent before marrying again. Women were encouraged by 
government awareness programs to obtain a contractual agreement at the 
time of marriage stipulating that the marriage ends if the husband 
marries a second wife. This practice was common in Moor society. 
Nevertheless, women who do not establish a solid contract remain 
unprotected. In practice, polygamy continued to be rare among Moors but 
was gaining in popularity. It was common among other ethnic groups. 
Arranged marriages were increasingly rare, particularly among the Moor 
population. In theory, the legal marriage age in the country is 18 but 
the law is rarely enforced and there were reports of child marriages.
    Women still faced legal discrimination. According to Shari'a law, 
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. 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. The personal status code provides a framework 
for the consistent application of secular law and Shari'a-based family 
law, but the code had yet to be implemented.
    Women did not face legal discrimination in areas not addressed 
specifically by Shari'a. The law provides that men and women should 
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 three 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. For example, during 
the year 35 women were inducted into the National Guard as 
noncommissioned officers. Women continued to become 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. Women's groups and 
national and international NGOs organized meetings, seminars, and 
workshops throughout the year to publicize women's rights. The 
secretariat, in collaboration with the German NGO GTZ, publicized 
women's rights and organized workshops regarding their rights.

    Children.--The law makes special provision for the protection of 
children's welfare, and there were government programs to care for 
abandoned children; however, inadequate funding hampered these 
programs.
    School attendance is mandatory for six years, with full 
implementation of universal primary education. Primary student 
completion rates increased from 44 percent in 2006-07 to 53 percent in 
the 2007-08 school year. Public education was free through university 
level. 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. Almost all children, regardless of gender or ethnic group, 
attended Koranic school between the ages of five and seven and gained 
at least rudimentary skills in reading and writing Arabic.
    FGM was practiced by all ethnic groups and performed on young 
girls, often on the seventh day after birth and almost always before 
the age of six months. The child protection penal code states that any 
act or attempt to damage a female child's sexual organs is punishable 
by imprisonment and a 120,000-300,000 ougiya (approximately $460-
$1,153) penalty. The most recent statistics on FGM indicated a decrease 
in incidence from 71 percent in 2001 to 65 percent in 2007, and the 
practice decreased overall in the urban sector. Local experts agreed 
that the least severe form of excision was practiced and not 
infibulation, the most severe form.
    The Government and international NGOs continued to coordinate anti-
FGM efforts focused on eradicating the practice in hospitals, 
discouraging midwives from practicing FGM, and educating the 
population. The Government, the UN Population Fund, the UN Children's 
Fund (UNICEF), and the national Imams' Association joined other civil 
society members to emphasize the serious health risks of FGM and that 
FGM was not a religious requirement. Government hospitals and licensed 
medical practitioners were barred from performing FGM, and several 
government agencies worked to prevent others from performing the 
practice. According to several women's rights experts, the campaign 
against FGM appeared to be changing attitudes towards the practice. In 
October the National Assembly held a series of provincial meetings, 
supported by UNICEF, which focused on children's rights and included 
discussions of FGM.
    Local NGOs estimated that there were approximately 400 street 
children, largely as a result of poverty and the urbanization of 
formerly nomadic families. The Government and at least one NGO worked 
to assist families with street children and to encourage their school 
attendance.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, from, and within the country. There were no available estimates on 
prosecutions or sentencing of traffickers during the year.
    Young boys known as talibes were trafficked within the country and 
from Mali and Senegal for forced begging by religious teachers called 
marabouts. Children were trafficked by street gang leaders within the 
country, who forced them to steal, beg, and sell drugs. Girls were 
trafficked internally and from Senegal and Mali for domestic servitude. 
There were reports that children were trafficked for forced labor in 
agriculture, construction fishing, and cattle herding.
    The labor code includes criminal penalties for human trafficking in 
all of its recognized forms.
    The country was a source and destination for men, women, and 
children. There were reports that young girls were trafficked to the 
Gulf States and held as servants, sex slaves, or prostitutes. UNICEF, 
the Ministry of Justice, and the Government of the United Arab Emirates 
(UAE) continued collaborative efforts to repatriate and provide 
compensation for Mauritanian children trafficked to the UAE as camel 
jockeys. According to UNICEF, the UAE compensated 497 child jockeys 
between 260,000-1,560,000 ouguiyas (approximately $1,000-$6,000) per 
child. The UAE also provided 260,000,000 ouguiyas ($1 million) towards 
a social reinsertion and poverty reduction program for the children and 
their communities.
    According to NGOs, slavery-related practices, and slavery itself, 
persisted in isolated areas of the country where a barter economy still 
prevailed (See Section 6.c.).
    Government assistance and protection services for trafficking 
victims remained limited, with most resources going towards prevention 
in the form of training for police, gendarmes, and legal officials to 
better identify, investigate, and convict traffickers. For at least 
part of the year, the Government and UNICEF continued to jointly fund 
six centers in Nouakchott that provided care to indigent children, many 
of whom were talibes. These centers, however, did not operate 
efficiently. In addition human rights organizations criticized the 
special police unit established to protect talibes for not enforcing 
the laws.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in education, employment, or the 
provision of other state services, and there were no reports of 
governmental or societal discrimination against persons with 
disabilities. The Government did not mandate preference in employment 
or education or public accessibility for persons with disabilities, 
although it did provide some rehabilitation and other assistance for 
such persons.

    National/Racial/Ethnic Minorities.--Ethnic minorities faced 
governmental discrimination. The inconsistent issuance of national 
identification cards, which were required for voting, effectively 
disenfranchised numerous members of southern minority groups. Racial 
and cultural tension and discrimination also arose from the geographic 
and cultural divides between Moors and Afro-Mauritanians. The Moors are 
divided among numerous ethnolinguistic tribal and clan groups and 
further distinguished as either White Moor or Black Moor, although it 
is often difficult to distinguish between the two by skin color. White 
Moor tribes and clans, many of whom are dark-skinned after centuries of 
intermarriage with Berbers and sub-Saharan African groups, dominated 
positions in government and business. The Black Moors (also called 
Haratines or freed slaves) remain politically and economically weaker 
than White Moors. Afro-Mauritanian ethnic groups, comprising the 
Halpulaar (the largest non-Moor group), Wolof, and Soninke, are 
concentrated in the south and urban areas. Afro-Mauritanians are 
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. 
The Government continued to encourage French and Arabic bilingualism 
within the school system, as opposed to previous efforts at 
``Arabization.'' Neither Afro-Mauritanian national languages nor the 
local Hassaniya Arabic dialect are used as languages of instruction.
    Ethnic rivalry contributed to political divisions and tensions. 
Some political parties tended to have readily identifiable ethnic 
bases, although political coalitions among them were increasingly 
important. Black Moors and Afro-Mauritanians continued to be 
underrepresented in mid-to high-level public and private sector jobs.

    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 do not.
    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. Although the official HIV-
positive rate was estimated at less than 1 percent, it was likely to be 
significantly higher because of the stigma related to the disease, the 
lack of viable health statistics, and the impression that victims are 
guilty of violating Islamic practices.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions of their choice without authorization or excessive 
requirements, and workers exercised this right. The law also provides 
for freedom of association, 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. 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. 
Nearly 90 percent of industrial and commercial workers, however, were 
unionized.
    To be legally recognized, a union must 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. The Government has the power to 
decide whether to recognize a trade union.
    The law provides workers with the right to strike, and workers 
exercised this right during the year. The Government can dissolve a 
union for what it considered an illegal or politically motivated 
strike; however, no unions were disbanded during the year. Workers must 
provide advance notice of at least 10 working days for any strike. 
Workers are not allowed to hold sit-ins, or block nonstriking workers 
from entering work premises.

    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.
    Laws provide workers with protection against antiunion 
discrimination; however, national human rights groups reported that 
authorities did not actively investigate alleged antiunion practices in 
some private firms owned by very wealthy citizens.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, men, women, 
and children were trafficked for purposes of forced labor. The 
antislavery law criminalizes the practice of slavery and imposes 
penalties on government officials who do not take action on reported 
cases; however, no cases were prosecuted during the year. The labor 
code also includes criminal penalties for contracting to benefit from 
forced labor and for exploiting forced labor as part of an organized 
criminal network. Slavery-related practices, typically flowing from 
ancestral master-slave relationships, continued in isolated parts of 
the country where a barter economy existed, education levels were 
generally low, and a need existed for herding livestock, tending 
fields, and other manual labor. Some individuals considered themselves 
either slaves or masters and were unaware that slavery had been 
abolished. Human rights groups reported that persons in slave-like 
relationships were persuaded by their masters to deny the relationship 
to activists.
    Voluntary servitude continued, with some former slaves and 
descendants 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 descendants of slaves vulnerable to exploitation 
by former masters. Adult females with children faced greater 
difficulties and could be compelled to remain in a condition of 
servitude, performing domestic duties, tending fields, or herding 
animals.
    There were reports that some former slaves 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, it 
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 divinely ordained and they feared religious sanction if that 
bond were broken. Former slaves often performed manual labor in 
markets, airports, and ports.

    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.
    The law prohibits all forms of trafficking in persons; however, 
there were reports that children were trafficked to, from, and within 
the country for the purpose of forced labor.
    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 young talibes, nearly all from 
Halpulaar tribes, begged in the streets as part of an arrangement with 
marabouts for receiving religious instruction. There were reliable 
reports that a small number of marabouts forced their talibes to beg 
for over 12 hours a day and provided them with insufficient food and 
shelter. The Government continued a program to reduce the number of 
talibes and partnered with NGOs to provide talibes with basic medical 
and nutritional care.
    Young children in the countryside were commonly employed in 
herding, cultivation of subsistence crops, such as rice, millet, and 
sorghum, 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, such as metalworking, carpentry, vehicle repair, masonry, 
and in the informal sector. Reporting by some human rights NGOs, 
including SOS-Esclaves, strongly suggested that domestic employment of 
girls as young as seven, often unpaid, continued to be a problem. There 
was no child labor in the modern industrial sector.
    There was a labor inspectorate with the authority to refer 
violations directly to the appropriate judicial authorities, but the 
eight regional inspectors and 30 inspector/controllers 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 nationally mandated minimum 
monthly wage for adults, which was not enforced, was 21,150 ouguiya 
(approximately $81), which did not provide a decent standard of living 
for a worker and family. All workers are covered by the minimum wage 
law.
    The standard, legal, nonagricultural workweek could not exceed 
either 40 hours or six 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. Employees must be given at 
least one 24-hour period of rest per week. There are no legal 
provisions regarding compulsory overtime.
    The Labor Directorate of the Ministry of Labor is responsible for 
enforcement of the labor laws, but there was a lack of effective 
enforcement due to inadequate funding.
    The Government set health and safety standards. The Ministry of 
Labor was responsible for enforcing these standards, but did so 
inconsistently due to inadequate funding. In principle workers could 
remove themselves from hazardous conditions without risking loss of 
employment, but in practice they could not.

                               __________

                               MAURITIUS

    Mauritius is a constitutional parliamentary democracy of 
approximately 1.2 million citizens governed by a prime minister, a 
council of ministers, and a National Assembly. In 2005 the Social 
Alliance, a coalition led by Prime Minister Navinchandra Ramgoolam, 
defeated the party alliance of the Mauritian Militant Movement (MMM) 
and the Militant Socialist Movement (MSM) in national elections judged 
by international and local observers to be generally free and fair. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government generally respected the human rights of its 
citizens; however, the following human rights problems were reported: 
security force torture and abuse of suspects and detainees; prison 
overcrowding; harassment and intimidation of journalists; official 
corruption; violence and discrimination against women; abuse and sexual 
exploitation of children; discrimination against persons living with 
HIV/AIDS; restrictions on labor rights, antiunion discrimination, 
forced labor, including by children, and child labor.
    As part of a series of measures to reform the judiciary, reduce 
caseloads in the Supreme Court, and improve the previously fragmented 
approach to family law, the Government established the Family Court, 
which became operational on January 7.
                        respect for 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 arbitrary or 
unlawful killings.
    On August 29, the four police officers involved in the 2006 death 
in custody of Rajesh Ramlugon were charged with abuse of authority and 
concealing evidence; the case 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 and law prohibit such practices; however, 
there continued to be reports of police abuses.

    Prison and Detention Center Conditions.--There were reports of 
torture and abuse of prisoners, overcrowding, and drug abuse in 
prisons. The maximum security prison, which was closed in October 2007 
following a visit of the UN Subcommittee on the Prevention of Torture, 
reopened on May 16 after a follow-up visit by the subcommittee. The 
Central Prison, which has a capacity of 677, held 1,048 prisoners. On 
May 22, three detainees at the maximum security prison were 
hospitalized following a fight between two rival groups.
    Unlike in the previous year, there were no reports that prisoners 
died from poor medical care, although 17 died from natural causes.
    During the year the independent National Human Rights Commission 
(NHRC), which accompanied the UN Subcommittee on the Prevention of 
Torture during their 2007 prison visits to the country and Rodrigues 
Island, registered eight complaints from prisoners.
    The Government permitted prison visits by independent observers, 
including the press, NHRC, local nongovernmental organizations (NGOs), 
and the UN. Local NGO Association Kinouete also ran programs to 
rehabilitate prisoners.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The police force is 
headed by a police commissioner who has authority over all security and 
police forces, including the Coast Guard and Special Mobile Forces, a 
paramilitary unit that shares responsibility with police for internal 
security. The police commissioner reports directly to the Prime 
Minister's Office. Police corruption and abuse of detainees were 
problems. The NHRC investigates allegations of police abuses and may 
report such cases to the Office of the Director of Public Prosecutions 
(DPP), an independent entity. As of August the NHRC had received 68 
complaints of physical or verbal abuse by police: 29 complaints were 
withdrawn or dismissed for lack of substantiation; 10 cases were 
referred to the appropriate authorities for follow up; and 29 cases 
remained under investigation.
    The Police Complaints Investigation Bureau registered three cases 
of corruption against police officers during the year; the Governmental 
Independent Commission Against Corruption registered 70 complaints of 
corruption against police officers.
    The investigation continued into the September 2007 arrest of a 
police officer in the Passport and Immigration Office for aiding four 
undocumented persons to transit the country.
    Orientation training for all new police recruits included a segment 
on human rights; management officers were required to take a refresher 
course, which was offered several times yearly. More than 200 qualified 
candidates participated in human rights courses during the year.

    Arrest and Detention.--The constitution and law require arrest 
warrants and that the accused be read his/her rights, including the 
right to remain silent and the right to an attorney. The law requires 
that suspects be brought before the local district magistrate within 48 
hours. Police generally respected these rights, although police 
sometimes delayed suspects' access to defense counsel. Minors and those 
who did not know their rights were less likely to be provided prompt 
access. Detainees have prompt access to family members. Indigent 
detainees were provided an attorney at state expense. A suspect can be 
detained for up to a week, after which the issue of bail is brought 
before a magistrate. Alternatively, if police concur, the accused may 
be released on bail the same day as the arrest. Individuals charged 
with drug trafficking may be detained for up to 36 hours without access 
to legal counsel or bail.
    Due to a backlogged court system, approximately one-third of the 
prison population was in pretrial detention. Pretrial detainees 
generally remained in remand for three to four years before being 
tried. Time served in remand did not apply to subsequent sentences.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.
    The country's judicial system consists of the Supreme Court, which 
has appellate powers, and a series of lower courts. The Supreme Court 
has a chief justice and 16 other judges who also serve on the court of 
criminal appeal, and the court of civil appeal. Magistrates sit on the 
intermediate court, the industrial court, and the 10 District 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. Crimes carrying the 
death penalty or life imprisonment are sent to the Supreme Court, while 
crimes of medium severity are sent to intermediate courts and lesser 
crimes to District Courts.
    As part of a series of measures to reform the judiciary, reduce the 
caseload burden on the Supreme Court, and improve upon the previously 
fragmented approach to family law, the Family Court became operational 
on January 7. Two full-time judges are assigned to the Family Court, 
which hears cases of divorce, child custody, and rights of access and 
alimony.

    Trial Procedures.--Defendants enjoy a presumption of innocence, and 
trials are public. Juries are only used in murder trials. Defendants 
have the right to be present and to consult an attorney in a timely 
manner. An attorney is provided at public expense when indigent 
defendants face serious criminal charges. Defendants can confront or 
question witnesses against them or present witnesses and evidence on 
their behalf. Defendants and attorneys have access to government-held 
evidence relevant to their cases, and defendants have a right of 
appeal. These rights were respected in practice, although an extensive 
case backlog delayed the process, particularly for obtaining 
government-held evidence.
    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters. The constitution provides 
for an ombudsman to investigate complaints from the public and members 
of the parliament against government institutions and to seek redress 
for injustices committed by a public officer or authority in official 
duties as an alternative to the court system.

    Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, police intimidated radio 
journalists, and officials used libel laws to suppress media criticism 
of political leaders.
    The independent media was active and expressed a wide variety of 
views without restriction. There were four daily and 12 weekly 
newspapers and three private radio stations that offered diverse 
political viewpoints.
    Unlike the previous year, there were no arrests of journalists. On 
March 15, however, police interrogated two private radio journalists 
for three hours after they reported that the weekly ministers' cabinet 
meeting was cancelled because the prime minister was sick.
    On July 1, the State Law Office requested that the charges for 
diffusion and publishing of false news be dropped against two radio 
journalists and a newspaper chief editor who, in November 2007, 
reported an alleged racketeering case involving the police. On August 
18, the State Law Office withdrew the libel charges and dropped the 
suit.
    The Government owned and regulated the sole domestic television 
network, and opposition parties and media experts regularly criticized 
the station for its progovernment bias and unfair coverage of national 
assembly debates. International television networks were available by 
subscription or via a cable box.

    Internet Freedom.--Unlike the previous year, when the Government 
blocked access to an international social networking site, there were 
no government restrictions to the Internet or reports that the 
Government monitored e-mail or Internet chat rooms. Individuals and 
groups could engage in the peaceful expression of views via the 
Internet, including by e-mail.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. However, on June 
7, police seized five copies of the Salman Rushdie novel, The Satanic 
Verses, from a bookstore and fined the owner 10,000 rupees ($333); the 
book has been banned since 1989.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide 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.
    Foreign missionary groups were allowed to operate on a case-by-case 
basis. Although there were no regulations restricting their presence or 
proselytizing, each missionary was required to obtain both a resident 
permit and a work permit. The Prime Minister's Office must approve 
issuance of these documents, and in practice there were limits on the 
number of missionaries issued the requisite permits.

    Societal Abuses and Discrimination.--There were reports of 
increasing animosity among the Hindu population towards the Assembly of 
God Church due to its proselytizing and the high rate of conversion 
among Hindus. Societal animosity was also directed toward missionaries 
from the Church of Jesus Christ of Latter-day Saints.
    Approximately 120 Jews resided in the country. On August 17, there 
were reports of graffiti proclaiming support for Osama Bin Laden and 
Hamas written on the walls of the local Jewish community organization's 
headquarters.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. However, the Government has cooperated with the UN High 
Commission for Refugees and has not expelled or returned refugees to 
countries where their lives or freedom would be threatened. The 
Government did not grant refugee status or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--According to international 
and local observers, the 2005 national elections were generally free 
and fair, with the opposition Social Alliance defeating the ruling MMM-
MSM alliance. Political parties operated without restriction or outside 
interference.
    There were 12 women in the 71-seat National Assembly. Following the 
September cabinet reshuffle, there were two female ministers in the 22-
member cabinet.
    Although historically the Hindu majority dominated politics, no 
groups were excluded from the political system. Authorities required 
national assembly candidates to identify themselves with one of four 
ethnic groupings: Hindu, Muslim, Sino-Mauritian, or general population. 
For this purpose, ``general population'' refers to the Creole and 
Franco-Mauritian communities. Based on these categories, in the 
National Assembly there were 41 Hindus, 19 members of the general 
population, 10 Muslims, and one Sino-Mauritian. In the cabinet there 
were 15 Hindus, three Muslims, three members of the general population, 
and one Sino-Mauritian.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not implement 
these laws effectively. There was a widespread public perception of 
corruption in the legislative and executive branches. The World Bank's 
Worldwide Governance Indicators reflected that corruption was a 
problem.
    On September 5, police arrested and released on bail the chairman 
of the Mauritius Ports Authority following an investigation into 
allegations that he had accepted 25,000 euros ($35,000) from a Dutch 
company that obtained a 2006 contract to dredge the harbor. The 
Government dismissed the chairman, and the investigation continued at 
year's end.
    The Governmental Independent Commission Against Corruption, which 
investigates allegations of corruption, received one complaint of 
corruption against an immigration official; the case was under 
investigation at year's end.
    Ministers and commissioners are required to make a disclosure of 
family assets, including assets of spouses and children, upon taking 
office and at the dissolution of the National Assembly or of the 
Regional Assembly.
    The law provides for access to government information, and the 
Government generally complied with requests from noncitizens and 
foreign media as well as from citizens.
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 often cooperative and responsive to their views.
    Local human rights NGOs worked to assist persons with HIV/AIDS, 
rehabilitate former prisoners, promote women's rights, and support the 
lesbian, gay, bisexual, and transgender community. The Government 
regularly consulted NGOs in formulating policy and worked in 
partnership with UN bodies and the local branch of Amnesty 
International.
    An ombudsman is appointed by the president to investigate 
complaints against public servants, police officers, and prison guards. 
Investigations may be initiated by individual citizens, cabinet 
ministers, or members of the National Assembly.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives or other 
organizations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law specifically prohibit discrimination on 
the basis of race, caste, place of origin, political opinion, color, 
gender, disability, or language, and the Government generally enforced 
these provisions. Some societal discrimination occurred.

    Women.--The law prohibits rape, including spousal rape, and the 
police and judicial system enforced the law. Rape is punishable by up 
to eight years' imprisonment. By October there were 52 rape cases 
reported to the police, of which 31 were prosecuted, convicted, or 
punished during the year. Many victims chose not to report or prosecute 
their attackers due to cultural pressures and fear of retaliation.
    The law criminalizes domestic violence; however it was a major 
problem. Domestic violence activists complained that police did not 
effectively enforce the law. More than 5,000 domestic violence cases 
were reported during the year. Anyone found guilty of violating a 
Protection Order may be fined up to 25,000 rupees ($754) or imprisoned 
for up to two years. The local NGO SOS Femmes reported that women 
remained in abusive situations for fear of losing financial support and 
that few filed complaints against their abusers. The Ministry of 
Women's Rights, Child Development, and Family Welfare maintained an 
abuse hotline and a Web page on legal protections for victims.
    Prostitution is illegal; however, it was prevalent.
    The law prohibits sexual harassment, but it occurred. Sexual 
harassment is punishable by up to two years' imprisonment. During the 
year the Sex Discrimination Division of the NHRC received 49 
complaints, of which nine involved sex discrimination and nine involved 
sexual harassment; 19 of the 49 cases remained under investigation at 
year's end.
    Women played subordinate roles in society, and societal 
discrimination continued; however, women had equal access to education, 
employment, and government services. Women had equal access to credit 
and to own or manage businesses; however, women's rights activists 
reported that women were paid less than men in the private sector. The 
law criminalizes the abandonment of one's family or pregnant spouse for 
more than two months and the nonpayment of court-ordered food support. 
The law affords women broadly defined wage protections, and authorities 
generally respected the law in practice. The law protects women from 
being forced to carry loads above certain weight limits; however, 
remuneration is based on the amount that one was able to carry during a 
period of time, so women in agriculture were often paid less than men.

    Children.--The Government placed strong emphasis on the health and 
welfare of children and displayed a commitment to expand educational 
opportunities for children.
    Child abuse was more widespread than was acknowledged publicly, 
according to NGOs. The law criminalizes certain acts compromising the 
health, security, or morality of a child, although the Government was 
unable to enforce complete compliance with the law. The state-funded 
National Children's Council and the Ministry of Women's Rights, Child 
Development, and Family Welfare provided counseling, investigated 
reports of child abuse, and took remedial action to protect affected 
children. The Police Unit for the Protection of Minors conducted public 
education programs on the sexual abuse of minors.
    On July 1, police arrested three men for sexually exploiting a 12-
year-old girl. On June 14, a woman was arrested for sexually exploiting 
a 13-year-old girl, and on January 12, authorities arrested a foreign 
resident for sexually exploiting a 12-year-old girl with the consent of 
her aunt and uncle. All three cases were under investigation at year's 
end.
    Child prostitution was a problem, and the Government targeted the 
practice as a law enforcement and prevention priority. There were 
reports that some schoolgirls, independent of third party involvement, 
engaged in prostitution for spending money.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to or from the 
country; however, there were reports of child prostitution within the 
country. The law provides for up to 15 years' imprisonment for 
trafficking in persons. There were reports that some schoolgirls 
voluntarily worked in conjunction with prostitution rings, while others 
were forced into prostitution by family members.
    The Ministry of Women's Rights, Child Development, and Family 
Welfare maintained a hotline for reporting cases of child prostitution. 
The ministry also conducted information campaigns on child trafficking 
for NGOs, high school students, women, and other community leaders. The 
Minors Brigade and the Family Protection Unit conducted information 
campaigns on child prostitution and child sexual abuse for high school 
students and the population in general. The police sought ways to 
prevent child prostitution and prosecuted four cases during the year. 
The Government drop-in center provided shelters, counseling, and 
education for victims of child prostitution.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities, and the Training and Employment of 
Disabled Persons Board effectively enforced it; however, the law does 
not require that work sites be accessible to persons with disabilities, 
making it difficult for persons with disabilities to fill many jobs. 
The Government effectively implemented a 2005 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.

    Other Societal Abuses and Discrimination.--The law protects the 
rights of persons living with HIV/AIDS from stigmatization and 
discrimination; however, there were reports of discrimination against 
such persons and their relatives.
    During the year the local NGO PILS, which deals with HIV/AIDS 
issues, recorded 210 cases of discrimination against HIV/AIDS patients, 
including denial of access to public health care services. PILS relayed 
such cases to the Ministry of Health and Quality of Life, which 
initiated investigations of the doctors.
    On April 12, the Government amended the Immigration and Civil 
Status Acts to allow foreign citizens with HIV/AIDS to marry citizens; 
the law followed a public outcry over the case of a foreign citizen who 
was denied permission to marry a citizen due to her HIV/AIDS status.

    Incitement to Acts of Discrimination.--During an August 21 
political rally, the secretary general of the Mauritius Labor Party 
referred to the former director of customs, a Canadian citizen, as a 
``worthless foreigner.'' In a 2000 political rally, the same official 
criticized the white skin of the then-minister of finance and urged 
party members to vote for their Hindu culture, religion, and language.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and the law provide 
for the right of workers to form and join unions of their choice 
without previous authorization or excessive requirements, and workers 
exercised this right in practice. With the exception of police, the 
Special Mobile Force, and persons in government services who were not 
executive officials, workers were free to form and join unions and to 
organize in all sectors, including in the Export Processing Zone (EPZ); 
however, the law grants authorities the right to cancel a union's 
registration if it fails to comply with certain legal obligations. 
Approximately 350 unions represented 115,000 workers, and 16 major 
labor federations served as umbrella organizations for smaller unions. 
The unionized workforce represented approximately 20 percent of the 
labor force.
    The law allows unions to conduct their activities without 
government interference and provides for the right to strike; however, 
there are restrictions, and the prime minister may declare any strike 
illegal if he considers that it ``imperils the economy.'' Before 
declaring a strike, the law requires a 21-day cooling-off period 
followed by binding arbitration; in practice, this made most strikes 
illegal. The Government has 21 days to respond to any labor dispute and 
refer it to either the Permanent Arbitrary Tribunal or the Industrial 
Relations Commission; if the Government does not respond within this 
time frame, the proposed strike can proceed. Worker participation in an 
unlawful strike is sufficient grounds for dismissal, but workers may 
seek remedy in court if they believe that their dismissals were 
unjustified. Foreign workers who participated in strikes could be 
deported.

    b. The Right to Organize and Bargain Collectively.--The law 
protects collective bargaining, and workers exercised this right. The 
National Remuneration Board (NRB), whose chairman was appointed by the 
minister of labor, set minimum wages for non-managerial workers, 
although most unions negotiated wages higher than those set by the NRB.
    The law prohibits antiunion discrimination; however, the Government 
did not always protect this right. For example, as of September 24, the 
Federation of Parastatal Bodies and Other Unions registered six cases 
of employees suspended or dismissed for their trade union activities. 
The law does not provide for the reinstatement of dismissed employees; 
however, employees can resort to the Industrial Relations Court to seek 
redress.
    National labor laws cover EPZ workers; however, there are some EPZ-
specific labor laws that condone longer working hours, 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 EPZ workers, 
effectively blocking union efforts to organize at the enterprise level. 
Approximately 67,000 persons worked in the EPZ; only 10 percent 
belonged to unions.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that child labor occurred. The Ministry of Labor, Industrial 
Relations, and Employment (MOL) recorded one case of child labor during 
the year; the child was employed as a household servant.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children below 16 years of age and 
prohibits the employment of children between 16 and 18 years old from 
work that is dangerous, unhealthy, or otherwise unsuitable for young 
persons. While the Government generally respected this law, child labor 
occurred. According to the law, the penalties for employing a child are 
a fine of no more than 2,200 rupees ($66) and imprisonment not to 
exceed one year.
    Children worked in the informal section as street traders, in small 
businesses, in restaurants, in agriculture, and in small apparel 
workshops.
    The MOL is responsible for the enforcement of child labor laws and 
conducted frequent inspections; however, it employed only 45 inspectors 
to investigate all reports of labor abuses, including those of child 
labor. During the year a man was prosecuted and fined 6,000 rupees 
($181) for employing five underage teenagers to work as apparel vendors 
in 2007.
    The MOL developed vocational training programs to prevent 
employment of underage children.

    e. Acceptable Conditions of Work.--The Government established 
minimum wages, which varied by sector, 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 approximately 562 rupees ($17) per 
week, while the minimum wage for an unskilled factory worker outside 
the EPZ was approximately 734 rupees ($22) per week. Although these 
wages did not provide a decent standard of living for a worker and 
family, the actual market wage for most workers was much higher due to 
a labor shortage and collective bargaining. The MOL effectively 
enforced minimum wage law.
    The standard legal workweek in the industrial sector was 45 hours. 
According to the Mauritius Labor Congress, 10 hours of overtime a week 
is mandatory at certain textile factories in the EPZ. By law no worker 
can be forced to work more than eight hours a day, six days a week. 
Those who work more than their stipulated hours must be remunerated at 
one and a half times the normal salary. Those who work during their 
stipulated hours on public holidays are remunerated at double their 
normal salary. For industrial positions, workers are not permitted to 
work more than 10 hours a day. If the worker has worked until or past 
10 p.m., the employer cannot require work to resume until at least 11 
hours have elapsed. These standards were generally enforced. Unions 
have reported cases of underpayment for overtime in the textile and 
apparel industries due to differences in existing legislation and 
remuneration orders for the calculation of overtime hours.
    The Government set health and safety standards, and MOL officials 
inspected working conditions; however, the inadequate number of 
inspectors limited the Government's enforcement ability. Voluntary 
employer compliance with safety regulations helped reduce the number of 
occupational accidents, with the ministry reporting a general trend 
downward in the number of industrial accidents over the past 10 years. 
Workers had the right to remove themselves from dangerous situations 
without jeopardizing their continued employment, and they did so in 
practice.

                               __________

                               MOZAMBIQUE

    Mozambique is a constitutional democracy with an estimated 
population of 20 million. President Armando Guebuza was elected in 2004 
in what national and international observers judged to be generally 
free and fair elections, despite some irregularities. The Front for the 
Liberation of Mozambique (FRELIMO) has been the ruling political party 
since independence in 1975, heavily influencing both policymaking and 
implementation. While civilian authorities generally maintained 
effective control of the security forces, there were some instances in 
which elements of the security forces acted independently.
    Incidents of serious human rights abuses in some areas, including 
vigilante killings, increased during the year. Security forces 
continued to commit unlawful killings although the Government took 
steps to prosecute perpetrators. Prison conditions improved, but 
remained harsh and life threatening, resulting in several deaths. 
Arbitrary arrest and detention as well as lengthy pretrial detention 
were problems. An understaffed and inadequately trained judiciary was 
inefficient and heavily influenced by the ruling party. Political and 
judicial decisions involving independent media outlets constrained 
press freedom. Societal problems including domestic violence, 
discrimination against women, abuse, exploitation, and forced labor of 
children, trafficking in women and children, and discrimination against 
persons with HIV/AIDS remained widespread.
                        respect for human rights
Section 1. Respect for Integrity of the Person, Including Freedom From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed several individuals.
    Violence as a first resort, excessive use of force, and abuse by 
police remained problems. According to a report issued by Amnesty 
International in April, police operated ``with a license to kill,'' and 
the weak police accountability systems have led to a general climate of 
impunity. The nongovernmental organization (NGO) Human Rights League 
(LDH) reported that police officers summarily executed 10 citizens 
during the first nine months of the year in Maputo and Matola. However, 
authorities terminated and, in a few cases, brought criminal charges 
against some officers for disciplinary offenses during the year.
    Sustained high levels of crime in and around Maputo City, 
particularly with the return of nearly 50,000 citizens fleeing violence 
in South Africa, and continued violence against police by criminal 
gangs were likely factors in the number of unlawful killings committed 
by security forces during the year. An overanxious police force 
responded with a strong show of force and often resorted to violence.
    On February 5, police fired rubber bullets, tear gas, and live 
ammunition at demonstrators in Maputo protesting increases in the cost 
of living and particularly a rise in bus fares. According to press 
reports and police statements, more than 100 persons were injured 
(including 68 persons shot by the police), and at least five persons 
died from their injuries. Commenting on police actions during the 
demonstrations, a police spokesman claimed that police carried out 
their duty ``to guarantee public order and tranquility.'' No police 
were punished for firing into the crowd.
    On February 11, police in Chokwe, Gaza Province, clashed with 
protesters demonstrating against the rising cost of living. While 
Chokwe authorities stated that one person died during the clashes, an 
independent media report insisted that between three and six persons 
died. In response to the violence, the Gaza provincial governor claimed 
that police had no choice but to respond with force in order to restore 
calm to the city.
    In August the press reported that a police officer shot and killed 
a man in Maputo at point blank range during a personal dispute. A 
Maputo police spokesman indicated that an investigation, including a 
ballistics examination, was ongoing, and that a criminal proceeding had 
been filed against the officer. There were no further developments at 
year's end.
    In April the Criminal Investigation Police (PIC) released one of 
two police officers being held for the December 2007 killing of August 
Covilas because his 90-day maximum preventive detention had expired. 
The two officers shot and killed Covilas after responding to a report 
that his house was being robbed. The investigation of the second 
officer was ongoing at year's end.
    On July 31, the Maputo City Court sentenced three police officers 
to 21 years' imprisonment each and ordered them to pay 600,000 meticais 
(approximately $24,000) for the April 2007 killings of Carlos Cossa, 
Mustafa Assene Momede, and Francisco Antonio Nhantumbo. While an 
initial investigation by the PIC indicated the victims were criminals 
who had escaped from a police car, a separate investigation by the 
attorney general's office concluded that the shots fired by police were 
excessive and discharged at close range, demonstrating intent to kill.
    In September a Maputo public prosecutor accused PIC agent Alexandre 
Francisco Balate of the August 2007 killing of Abranches Afonso 
Penicelo. There were no further developments at year's end.
    There were no developments in the 2007 police killing of Juliao 
Macul.
    There were a few reports of death resulting from police torture. 
Unlike in the previous year, there were no reported killings as a 
result of torture and other abuses by members of the Community Policing 
Councils (CPC), nonstatutory bodies set up by the Mozambican National 
Police (PRM) in many districts to prevent crime.
    Mine-related accidents resulted in deaths and injuries. The 
Government continued to cooperate with international organizations and 
donors as well as commercial firms to clear suspected landmine areas.
    There were no new developments regarding the investigation into the 
2006 killing of leading opposition party Mozambican National Resistance 
(RENAMO) deputy Jose Gaspar Mascarenhas by an unknown gunman.
    Killings by vigilante groups increased compared with 2007. The LDH 
and other civil society groups claimed these killings were related to 
the increased cost of living, high unemployment rates, sustained high 
levels of crime, lack of police presence in outlying metropolitan 
neighborhoods, and an ineffective justice system. Most targets of such 
killings were suspected muggers, thieves, sexual abusers, and drug 
dealers. While nationwide statistics were not available, the press and 
civil society reported at least 46 killings by vigilantes during the 
first ten months of the year, most of which occurred in and around 
Maputo City, Chimoio, Matola, and Beira.
    For example, in February a mob in Chimoio beat and killed a group 
of six persons, including a woman, who the mob accused of being 
criminals. In April a group of men in a Maputo suburb beat and burned 
to death a man accused of stealing cash and cell phones. In August a 
mob in Matola beat to death two brothers suspected of raping a minor. 
In November a mob of 300 persons lynched two individuals in Chokwe 
district.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the constitution and law prohibit such practices, 
police continued to commit abuses. During the year human rights 
advocates and the media reported occurrences of torture and other cruel 
treatment, including several cases involving sexual abuse of women, 
beatings, and prolonged detention.
    The LDH reported that during prison visits conducted between 
January and April it did not encounter any cases of torture, compared 
with 161 cases reported the previous year. According to the LDH, the 
decrease resulted from increased training of prison guards. However, 
torture and other abusive treatment continued at police squadrons, 
according to the LDH.
    There continued to be reports of abuse and violence by members of 
the CPC. During the February 5 demonstrations, the LDH recorded five 
cases where police beat protesters with batons. In September, prior to 
a soccer match, two police agents handcuffed several youths outside the 
stadium and beat them repeatedly for allegedly being criminals. In 
October the daily O Pais reported that agents of the PIC in Matola shot 
Justino Tembe after believing he was an armed criminal fleeing from 
authorities. The PIC brought Tembe to a hospital in Matola, where they 
kept him handcuffed for 20 days until a judge in Maputo ordered him 
released for lack of criminal evidence.
    There were no reported developments regarding police involvement in 
the following 2007 torture cases: the April police beating of a British 
citizen at a checkpoint, and the July police beating of trainee lawyer 
Aguinaldo Mandlate at a police station during an interrogation.
    Vigilante violence also resulted in deaths and injuries.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening, although some improvements were noted.
    The Administration for Prison Services, under the Ministry of 
Justice, operated 211 prisons in 10 provinces. The Ministry of Interior 
and the police are responsible for jails at police stations.
    Overcrowding remained the most serious problem. The LDH noted that 
many prisons held more than three times the number of prisoners for 
which they were built, and that often prisoners slept in bathrooms, 
standing up, or in shifts. For example, the Maputo Central Prison held 
2,538 prisoners in a facility designed to hold 800, and the Inhambane 
Provincial Prison held 339 prisoners in a facility for 75. During the 
first half of the year, the LDH visited 74 prisons and detention 
facilities, which held a total of 11,424 inmates in facilities designed 
to hold 5,913.
    The LDH found that, based on those visits, the number of inmates 
held beyond the legal 90-day preventive detention period decreased to 
59 from 399 during the same period in 2007, an 86 percent reduction. 
The LDH described 35 facilities as ``physically inadequate.''
    In detention facilities, overcrowding did not appear to be a 
serious problem. During the first half of the year, the LDH visited 
several police station detention facilities and noted that some 
detainees continued to be held beyond the maximum police station 
preventive detention period of 48 hours.
    Reports continued that most prisoners received only one meal a day. 
In 13 of the prisons visited, the LDH characterized the provision of 
food as ``poor.'' It was customary for families to bring food to 
prisoners; however, there continued to be occasional reports that 
guards demanded bribes in exchange for delivering food to prisoners. In 
several prisons, inmates engaged in prostitution in exchange for food, 
according to the LDH.
    There continued to be many reported deaths in prison, the vast 
majority due to illness and disease. For example, in May the director 
of the Chimoio Agricultural Penitentiary reported that in the first 
four months of the year, 22 inmates had died, mostly due to malaria, 
HIV/AIDS, and tuberculosis (TB). In many facilities, overcrowding, lack 
of sanitation, potable water, and food also led to sickness.
    In a series of prison visits conducted during the year, the LDH 
found malaria, TB, and HIV/AIDS to be commonplace among prisoners in 
nearly all prisons. LDH also found other illnesses caused by 
malnutrition, including paralysis and blindness. Both healthy and sick 
prisoners regularly were kept in the same cells.
    In the first half of 2007, the most recent data available, the LDH 
reported 39 juveniles under the age of 16 held with adults in the 
general prison population.
    Pretrial detainees were held with convicted prisoners.
    International and domestic human rights groups had access to 
prisoners, although at the discretion of Ministries of Justice and 
Interior. Unlike the previous year, the LDH reported no problems 
obtaining credentials to visit prisons.

    d. Arbitrary Arrest or Detention.--While the constitution and law 
prohibit arbitrary arrest and detention, both practices continued to 
occur.

    Role of the Police and Security Apparatus.--Forces under the 
Ministry of Interior, including the PIC, the PRM, and the Rapid 
Intervention Force, are responsible for internal security. An 
additional security body, the State Information and Security Service, 
reports directly to the president. The armed forces (FADM) are 
responsible for external security.
    The police continued to be poorly paid, despite an increase in pay 
during the year. Trainee-level officers reportedly received 
approximately 2,345 meticais (approximately $90) a month, while those 
at higher rank received approximately 3,025 meticais (approximately 
$120) a month. Corruption and extortion by police were widespread, and 
impunity remained a serious problem. In July a former head of the PIC 
stated that gangs had captured the police. He noted that due to low 
wages and poor conditions, some police members tipped off criminals to 
police operations, and in some cases, such corruption was responsible 
for numerous killings of police by criminals.
    Police regularly detained persons for arbitrary reasons and 
demanded identification documents solely to extort payments. Many crime 
victims reportedly declined to seek police assistance because of 
expected demands for bribes and a lack of confidence that the police 
would help. During April 2007-08, the Maputo City Police Command 
initiated disciplinary and criminal proceedings against 113 Maputo 
policemen, expelling 28 of these from the force. The most common 
reasons for disciplinary action, according to Maputo's police chief, 
were collaboration with criminals, extortion of goods and money, 
excessive alcohol consumption, and abandonment of post. During the year 
the Ministry of Interior brought disciplinary charges against 367 
police officers which resulted in 76 criminal cases, 52 court cases, 29 
jail sentences, and the expulsion of one police officer from the force. 
However, the vast majority of police who committed infractions were 
``recycled,'' sent back to school, and then transferred to a new unit. 
In the three months preceding March, the ministry ``recycled'' 178 
police. These included suspected criminals, thieves, and agents 
suspected of collaborating with criminals.
    Professional training for police officers continued during the 
year; in August 70 PRM officers in Gaza Province completed human rights 
training.
    Implementation of the 2003-12 strategic plan of action and 
modernization for the PRM continued; seven of its nine ``guiding 
principles'' reflected respect for human rights. While the plan 
acknowledged the problem of abuse of police powers, it made no specific 
provision for ensuring greater accountability for such abuses.

    Arrest and Detention.--Although the law provides that persons be 
arrested openly with warrants issued by a judge or prosecutor (except 
persons caught in the act of committing a crime), police continued to 
arrest and detain citizens arbitrarily. By law the maximum length of 
investigative detention without a warrant is 48 hours, during which 
time a detainee has the right to judicial review of the case. The 
individual may be detained another 90 days while the PIC continues its 
investigation. When a person is accused of a crime carrying a sentence 
of more than eight years, the individual may be detained up to an 
additional 84 days without being charged formally. With court approval, 
such detainees may be held for two more periods of 84 days each without 
charge while the police complete their investigation. The law provides 
that when the prescribed period for investigation has been completed 
and no charges have been brought, the detainee must be released. In 
many cases the authorities either were unaware of these regulations or 
ignored them, often also ignoring a detainee's constitutional right to 
counsel and to contact relatives or friends. The law provides that 
citizens have access to the courts as well as the right to 
representation, regardless of ability to pay for such services. 
However, due to a shortage of legal professionals, indigent defendants 
frequently had no legal representation.
    The bail system remained poorly defined. Prisoners, their families, 
and NGOs continued to complain that police and prison officials 
demanded bribes for releasing prisoners.
    There were reports that police harassed and arbitrarily detained 
persons, including journalists, during the year.
    Government statistics indicated that approximately 40 percent of 
inmates were awaiting trial.
    There continued to be reports of detainees who spent longer in 
pretrial detention than the length of the sentence they eventually 
received. By law a judge has 48 hours to validate a detention in any 
proceeding; however, this statute often was not enforced.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the executive branch and the 
ruling FRELIMO party heavily influenced an understaffed and 
inadequately trained judiciary, particularly in the lower tiers. The 
judicial system continued to suffer from a lack of transparency and 
often did not comply with the principles of promotion and protection of 
human rights.
    In May the parliament passed a new judicial organization law which 
establishes intermediate appeals courts. While the law has yet to be 
implemented, it empowers District Court judges to rule on criminal 
cases with penalties ranging between eight and 12 years, compared with 
up to only two years before the law. In addition alternative measures 
such as work brigades, conditional release for prisoners who have 
completed half of their sentence, and traveling tribunals continued to 
be employed.
    Approximately 93 of the country's 128 judicial districts had 
functioning courts; however, a shortage of judges and qualified staff 
was a major problem. In March Chief Justice Mario Mangaze reiterated 
that the country had only 36 percent of the judges and prosecutors 
needed to administer justice effectively. There were 221 judges (or 
approximately one per 90,500 inhabitants), 183 of whom held law degrees 
as required by law for all judges appointed after 2000. During the year 
7 percent of the 1,429 staff employed by the courts held university 
degrees. Continuing problems included chronic absenteeism, unequal 
treatment, low salaries, corruption, deliberate delays, and omissions 
in handling cases.
    The president appoints both the Supreme Court president and vice 
president. The Higher Judicial Magistrates' Council (CSMJ) prepares 
Supreme Court nominations and submits a list of qualified potential 
nominees to the president. Members of the CSMJ tended to be either 
FRELIMO members or FRELIMO-affiliated. The president also makes all 
other judicial appointments.
    There were two complementary formal justice systems: the civil 
justice system and the military justice system. The Supreme Court 
administers the civil system, and the Ministry of National Defense 
administers military courts. The military court system was legally 
absorbed into the civil system during the year. Under the Supreme Court 
there are province and district-level courts, and each province has a 
court of appeal. Cases in military courts may be appealed to the 
Supreme Court. Civilians are not under the jurisdiction of, or tried 
in, the military courts.
    There also are courts that exercise limited, specialized 
jurisdiction, such as the Administrative Court, the Customs Court, and 
the Maritime Court. The Constitutional Council is charged with 
determining the constitutionality of laws and decrees, supervising the 
electoral process, declaring and validating electoral results, and 
ruling on electoral disputes. A separate court system exists for minors 
16 years of age and younger. The Government may send minors to 
correctional, educational, or other institutions.

    Trial Procedures.--Persons accused of crimes against the Government 
are tried publicly in regular civilian courts under standard criminal 
judicial procedures. Members of the media may attend trials, although 
space limitations excluded the general public. A judge may order a 
trial closed to the media in the interest of national security or to 
protect the privacy of the plaintiff in a sexual assault case. Article 
12 of the judicial organization law ``prohibits the production and 
public transmission of images and sounds at trials.'' There is no trial 
by jury.
    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 for the accused, such 
assistance generally was not available in practice, particularly in 
rural areas. The Mozambican Legal Aid Institute, an organization under 
the Ministry of Justice, works to ensure that accused persons are 
provided with court-appointed legal counsel if requested, though due to 
a lack of trained lawyers, this was not always possible. The LDH 
reported that most citizens remained unaware of this right, and many 
had no access to legal counsel. Some NGOs offered limited legal counsel 
at little or no cost to both defendants and prisoners. Only judges or 
lawyers may confront or question witnesses, although all citizens have 
a right to self-defense, and as such are allowed to present witnesses 
and evidence on their own behalf, and have access to government-held 
evidence.
    Outside the formal court system, local customary courts and 
traditional authority figures often adjudicated matters such as estate 
and divorce cases. Local arbiters with no formal training staffed 
customary courts.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--While the law provides for 
an independent and impartial judiciary in civil matters, in practice 
the judiciary was subject to political interference. Although in theory 
citizens have access to courts to bring lawsuits seeking damages for, 
or cessation of, human rights violations, in practice this did not 
occur.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. 
However, opposition party members alleged that government intelligence 
services and ruling party activists continued without warrants to 
monitor telephone calls and e-mails, conduct surveillance of their 
offices, follow opposition members, use informants, and disrupt party 
activities in certain areas, including in Cabo Delgado and Nampula 
Provinces. By law police require a warrant to enter homes and 
businesses.
    Unlike in the previous year, there were no reports that the FADM 
required senior members to complete a confidential questionnaire 
regarding party affiliation and activities in support of the party, 
though advancement in the executive branch is tied directly to 
affiliation with the ruling party.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, in practice there were 
some restrictions on these rights. While the law allows individuals to 
criticize the Government publicly or privately without reprisal, there 
were a few cases during the year where such criticism resulted in 
punishment.
    There were occasional reports that police and local officials 
harassed journalists, and journalists admitted that self-censorship was 
common. The NGO Media Institute of Southern Africa (MISA) noted in its 
annual report that although the independent media continued to rapidly 
expand and diversify, in general the media faced increasing harassment 
from the courts, prosecutors, and district administrators, particularly 
outside of Maputo Province. In addition court rulings on libel cases 
involving several independent media outlets during the year constrained 
press freedom.
    The independent media were active and expressed a wide variety of 
views. The Government maintained majority ownership in Noticias, the 
main newspaper and one of three daily papers with nationwide 
distribution. Noticias, the daily Diario de Mocambique, and the weekly 
Domingo largely reflected the views of the Government and provided 
marginal, often critical coverage of RENAMO but also demonstrated a 
willingness to examine government actions. In some cases, media support 
of the Government was more overt; for example, prior to the municipal 
election in November the daily Noticias Maputo edition carried a 
picture of the FRELIMO candidate for mayor and the party emblem in the 
title banner of the paper, a space not normally reserved for political 
advertisements. The Government-run news agency, Agencia de Informacao 
de Mocambique, often printed stories critical of the performance of 
government ministries or agencies.
    International media were allowed to operate freely.
    There were numerous private community and regional radio stations 
that operated throughout the country. Radio Mocambique, which received 
60 percent of its operating budget from the Government, was the most 
influential media service with the largest audience. Although it 
broadcast debates on important issues, Radio Mocambique tended to 
invite participants that were less critical of the Government.
    MISA noted that the process for obtaining a radio operating license 
was often long, convoluted, and politically biased. According to MISA, 
a new law was needed which would clearly delineate the difference 
between commercial and public radio.
    The Government supplied 80 percent of the operating budget for 
Televisao de Mocambique (TVM), the television station with the largest 
viewership. TVM's news coverage was moderately balanced, but still 
retained a government and FRELIMO bias.
    Security forces harassed and arbitrarily detained local journalists 
during the year. In April the Mozambican National Union of Journalists 
reported that two local FRELIMO members confiscated the equipment of 
and made threats against community radio reporter Pedro Rafael in Cabo 
Delgado Province. The FRELIMO members released Rafael on the same day. 
The local district administrator condemned the actions as a violation 
of press freedom. In February MISA and the NGO Center for Public 
Integrity issued a press statement asserting that lack of coverage by 
media outlets funded mostly by the Government (TVM, Noticias, and Radio 
Mocambique) concerning the February 5 demonstrations violated freedom 
of expression, media, and information, and confirmed the existence of 
government censorship of the media. The press release noted that 
despite its being the biggest news event of the year, TVM, Noticias, 
and Radio Mocambique provided extremely limited coverage, and that the 
limited coverage provided was edited to distort the truth.
    In August a Maputo court sentenced journalists Fernando Veloso, 
Alvarito de Carvalho, and Luis Nhachote of the independent weekly 
Zambeze to six months' imprisonment (converted to a fine) for libeling 
Prime Minister Luisa Diogo by suggesting that Diogo might not be a 
citizen. Although she never brought a libel suit against Zambeze, the 
court filed charges and ruled that the journalists violated state 
security by ``offending the honor and image of the prime minister.'' 
The lawyer for the journalists appealed the decision and the appeal was 
pending at year's end.
    Defamation of the president is prohibited; no one was charged with 
the offense during the year.
    Newsprint and other printing supplies must be imported from South 
Africa, and the Government did not exempt these supplies from import 
duties. Some newspapers found it more cost-effective to print in South 
Africa and import the final product. Other journals were only published 
in electronic versions, severely limiting their readership. Journals 
printed on paper had restricted readership beyond Maputo, due to high 
transportation costs.

    Internet Freedom.--Although there were no government restrictions 
on access to the Internet, opposition party members reported that 
government intelligence agents monitored e-mail. Individuals and groups 
could engage in the peaceful expression of views via the Internet, 
including by e-mail. While public access to the Internet continued to 
expand, particularly in the larger cities, lack of infrastructure in 
rural areas and installation costs limited overall use.

    Academic Freedom and Cultural Events.--While the Government 
generally did not restrict academic freedom, there were reports that 
teachers at the university, secondary, and primary school level felt 
pressure to align themselves with FRELIMO, particularly in the central 
and northern provinces.
    In April the attorney general's office summoned musician Edson da 
Luz for questioning concerning the lyrics of a song he wrote about 
violence stemming from the February demonstrations in Maputo. The LDH 
and numerous press editorials viewed the interrogation as a form of 
intimidation and musical censorship.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.The constitution and law provide for freedom of assembly; 
however, there was one instance in which police briefly detained 
demonstrators during the year. While the law regulates public 
demonstrations, it does not apply to private gatherings held indoors 
and by individual invitation, nor does it affect religious gatherings 
or election campaigning.
    Police beat demonstrators with batons during a February 5 
demonstration.
    In June police cancelled a legal demonstration in Maputo organized 
by the LDH and the Center for Mozambican and International Studies in 
solidarity with the people of Zimbabwe. According to press reports, 
police cancelled the demonstration because they did not have enough 
officers to provide adequate security.
    In September a strong police presence prevented a legal 
demonstration organized by the National Forum of Demobilized Veterans 
(AMODEG) which, according to press reports, resulted in the arrest of 
19 forum members. Police spokesmen called the demonstration illegal, 
although AMODEG claimed it had notified Maputo municipal authorities 
well in advance of the planned date.

    Freedom of Association.--The constitution and law generally provide 
for freedom of association, although the Government imposed some limits 
on this right. According to the law 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 to be 
recognized. There were approximately 50 registered political parties.
    In July police in Maputo City detained a member of the small 
political party Together for the City (JPC) while he was collecting 
signatures to support a candidate for the November municipal elections. 
Some press reports indicated that FRELIMO party leaders had incited the 
police to arrest the JPC member. The police released him the same day.
    A government decree regulates the registration and activities of 
foreign NGOs. The registration process for foreign NGOs and religious 
groups reportedly involved significant discretion on the part of 
government officials and regularly took several months.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The constitution and the law governing political parties 
specifically forbid political parties from directly affiliating with a 
religion or church and from sponsoring religious propaganda as threats 
to national unity.

    Societal Abuses and Discrimination.--Relations among various 
religions groups were generally amicable.
    Three persons arrested in the burning of three mosques in August 
2007 were released for lack of sufficient evidence.
    There is a very small Jewish population, and there were no reports 
of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--While the law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, the Government sometimes infringed upon these rights in 
practice.
    Traffic checkpoints are legal and under the jurisdiction of traffic 
police. Checkpoints occasionally affected freedom of movement, and 
according to press reports, authorities sometimes abused and demanded 
bribes from citizens at checkpoints. Police sometimes stopped 
foreigners and ordered them to present original passports or resident 
papers, refused to accept notarized copies, and fined or detained those 
who failed to show proper documents. Police, including members of CPCs, 
also routinely harassed, detained, and extorted bribes from local 
citizens for failure to carry identity papers.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government cooperated with the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees and asylum seekers.
    The Government worked closely with the UNHCR to implement a local 
integration program with longer term refugees, primarily from the Great 
Lakes region, at the Marratane Camp in Nampula Province.
    Unlike in previous years, there were no reports of attacks against 
Burundian and Congolese refugees in Nampula Province. The Government is 
now willing to offer limited temporary protection to some Zimbabweans 
filing for asylum claims. There were numerous reports during the year 
of Zimbabwean women being sexually exploited in exchange for food.
    The Government continued to limit refugee movement within the 
country. Refugees must request authorization to move outside the 
geographic region in which they have been registered. In addition 
refugees residing within the Marratane camp in Nampula Province must 
request authorization to leave its boundaries, which has perpetuated 
officials extracting bribes.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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.

    Elections and Political Participation.--International observers 
described the November municipal elections as well-run and transparent. 
Nonetheless, opposition parties accused FRELIMO once again of using 
state funds and resources for campaign purposes, in violation of 
electoral law, and RENAMO issued complaints of election fraud. 
Preceding the election, the National Election Commission rejected three 
RENAMO mayoral candidates on technicalities in the registration 
process. The Constitutional Council subsequently reinstated the 
candidates, stating that their exclusion was illegal.
    During the run-up to the elections, police shot two persons for 
tearing down FRELIMO campaign posters in Beira and arrested seven 
others, including a candidate. In October the RENAMO mayor of Manjacase 
was arrested, and later released, for alleged forgery. In November two 
persons were injured when rival motorcades for FRELIMO and RENAMO 
parties crossed paths in Dondo.
    In 2004 citizens elected Armando Guebuza of the ruling FRELIMO 
party as president in the country's third multiparty general elections. 
While domestic and international observers noted that voting day 
procedures generally followed international norms, they also documented 
irregularities during the campaign and in the vote count. FRELIMO used 
significant state funds and resources for campaign purposes, in 
violation of election law. In municipal elections during the year, 
observers found that both major parties used state resources for 
campaign purposes, and noted that the election was transparent, with 
some irregularities. RENAMO issued complaints of election fraud to 
several agencies.
    Political parties could generally operate with some restriction or 
outside interference, including unlawful arrest, unlawful 
disqualification of candidates, and other interference by the 
Government.
    There were 93 women in the 250-seat National Assembly. The prime 
minister was a woman, and women held six of the 24 ministerial 
positions and four of the 18 vice ministerial positions. Women held 30 
percent of the seats on FRELIMO's 160-member Central Committee and six 
seats on its 17-member Political Commission.
    Members of many ethnic groups held key positions in both the 
legislative and executive branches. There was no evidence that specific 
ethnic groups were excluded.

    Government Corruption and Transparency.--While the law provides 
criminal penalties for official corruption, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. There are no laws against conflict of 
interests for government officials. No corruption cases involving high-
profile individuals have been brought to trial during the Guebuza 
administration; however, during the year several senior current and 
former government officials, including the former ministers of interior 
and transportation, were arrested on charges of corruption. Their cases 
were pending at year's end.
    In October an office in the Ministry of Finance that was 
investigating a corruption case, erupted in fire, which the deputy 
attorney general described as arson in December.
    Despite the Government's strong anticorruption rhetoric, corruption 
in the executive and legislative branches was widely perceived to be 
endemic. The World Bank's Worldwide Governance Indicators reflected 
that corruption was a serious problem, with no change in ranking from 
the previous year. For the first time in five years, the country 
dropped in Transparency International's 2008 Corruption Perception 
Index, indicating that corruption was rampant. Petty corruption by low-
level government officials to supplement low incomes, and high-level 
corruption by a small group of politically and economically connected 
elites continued to be the norm. Corruption largely resulted from a 
lack of checks and balances, minimal accountability, and a culture of 
impunity. Local NGOs, such as the Center for Public Integrity, and 
media groups continued to be the main civic forces fighting corruption, 
reporting and investigating numerous corruption cases. The law requires 
that all members of the Government declare and deposit their assets 
with the Constitutional Council, but does not require that such 
information be made available to the general public.
    The Central Office for the Combat of Corruption (GCCC) functions as 
an autonomous unit under the attorney general's office with its own 
state budget. According to the GCCC, from January to October 
prosecutors received 429 allegations of corruption, carried out 187 
investigations, submitted 132 cases to the attorney general's office, 
terminated 49 cases for lack of evidence, and tried 56 cases of 
corruption with a further eight cases having scheduled trial dates 
involving 98 suspects. The Ministry of Civil Service reported that 
between January and June authorities investigated 2,415 government 
employees, terminated 813 public servants, fined 380, and demoted 247 
for various irregularities, including corruption and theft, which in 
some cases will be followed by criminal proceedings.
    Several new cases of corruption were reported. In June a commission 
of inquiry established by the Ministry of Labor announced that 192 
million meticais (approximately $7.6 million) had been stolen from the 
National Institute of Social Security (INSS) since 2002. The commission 
found that the theft involved a variety of fraudulent operations, 
including over-invoicing, double payments, kickbacks, and preferred 
direct tenders. According to the commission, the fraudulent operations 
occurred in six of the 11 provinces and were masterminded by the former 
director of the INSS, Armando Pedro. The attorney general's office 
initiated criminal proceedings against Pedro, and police arrested him 
in September in connection with the case. There were no further updates 
at year's end.
    In July a court in Niassa Province sentenced the former provincial 
administrator for youth and sports to 16 years' imprisonment for the 
2007 theft of 1.2 million meticais (approximately $47,000).
    In September police, under orders from the Maputo City attorney's 
office, arrested former minister of interior Almerino Manhenje in 
connection with the theft of approximately 211 million meticais 
(approximately $8.3 million) from the Ministry of Interior. Authorities 
charged Manhenje with payment of illegal salaries and embezzlement of 
state money. He remained in prison awaiting trial at year's end.
    In October police arrested the head of the Mozambique Airports 
Company Diodino Cambaza for misuse of funds. According to press 
reports, Cambaza used company money to pay for expensive houses, luxury 
cars, and travel. He remained in prison awaiting trial at year's end.
    In December the minister of interior announced that approximately 
400 passports had been fraudulently issued by corrupt immigration 
officials, who were neither arrested nor charged.
    There were no further developments in the 2007 investigations into 
alleged corruption by Deputy Director of the Maputo Central Prison 
Arminda Parruque and six health service administrators in Cabo Delgado 
Province.
    There were no laws providing for public access to government 
information, and in practice the Government restricted citizens' and 
noncitizens' access to government information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Although at times slow, government 
officials were generally cooperative and responsive to their views. 
Registration procedures for NGOs often were lengthy.
    UN agencies, the International Committee of the Red Cross, and 
international NGOs are resident in the country and have access to 
investigate human rights abuses.
    While an independent ombudsman position to investigate allegations 
of abuses, including human rights violations, by state officials was 
created by constitutional amendment in 2005, an ombudsman had not been 
named by year's end.
    In December parliament passed a law to create a human rights 
commission.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, but in practice 
discrimination persisted against women, persons with disabilities, and 
persons with HIV/AIDS.

    Women.--The law prohibits rape (excluding spousal rape) but was not 
effectively enforced. Penalties range from two to eight years' 
imprisonment if the victim is 12 years of age or older, and eight to 12 
years' imprisonment if the victim is under the age of 12. While there 
were no official estimates as to the extent of spousal rape, it was 
regarded as a common problem. According to NGO reports, many families 
preferred to settle such matters privately through financial 
remuneration rather than through the formal judicial system. There were 
no reports of rape cases prosecuted during the year.
    Reports indicated that domestic violence against women, 
particularly spousal rape and beatings, was widespread, and the PRM 
received 6,406 reports of violence against women through June, a nearly 
30 percent increase compared with the previous year. There is no law 
that defines domestic violence as a crime, but laws prohibiting rape, 
battery, and assault could be used to prosecute domestic violence. Many 
women believed it was acceptable for their husbands to beat them. 
Cultural pressures discouraged women from taking legal action against 
abusive spouses. A 15-month survey released in 2006 revealed that 54 
percent of women respondents admitted suffering an act of physical or 
sexual violence perpetrated by a man at some point in their lives, 37 
percent in the last five years, and 21 percent during the past year.
    The Government and NGOs often worked together to combat domestic 
violence. The PRM operated special women and children's units in police 
squadrons that received cases of domestic violence, sexual assault, and 
violence against children; the units provided assistance to victims and 
their families. All 30 police squadrons in Maputo had women and 
children's centers. In addition all police squadrons in the country 
installed a ``green line'' (a free telephone line) to receive 
complaints of violence against women and children. It was not fully 
operational by year's end.
    Kukuyana, a national network of women living with HIV/AIDS, 
reported that many women were expelled from their homes and/or 
abandoned by their husbands and relatives because they were HIV 
positive. It also reported that some women who were widowed by HIV/AIDS 
were accused of being witches who purposely killed their husbands to 
acquire belongings, and in retribution were deprived of all 
possessions.
    Prostitution is legal, although it is governed by several laws 
against indecency and immoral behavior and restricted to certain areas. 
The practice was particularly prevalent along major transportation 
corridors and in border towns where long-distance truckers stop 
overnight. Young women without means of support were at the greatest 
risk for being drawn into prostitution.
    Sexual harassment is illegal; however, it was pervasive in 
business, government, and education. Although no formal data existed, 
the media reported numerous instances of harassment during the year. 
The law is based on the Portuguese penal code from the 1920s; sexual 
harassment charges are usually regarded as acts of ``indecency'' with a 
maximum penalty of two years.
    Forced marriage of girls and women was a problem.
    ``Purification,'' whereby a widowed woman is obligated to have 
unprotected sex with a member of her husband's family, continued to be 
practiced, particularly in rural areas.
    With the exception of some ethnic and religious groups, the groom's 
family provided a dowry to the bride's family, usually in the form of 
money, livestock, or other goods. Among Muslims, the bride's family 
usually paid for the wedding and provided gifts. Some believed that 
these exchanges contributed to violence against women and other 
inequalities, due to the perception that the women subsequently were 
``owned'' by their husbands.
    The Family Law, which took effect in 2005, sets the age of marriage 
for both genders at 18 for those with parental consent, and 21 for 
those without parental consent. The law also eliminates husbands' de 
facto status as heads of family, and legalizes civil, religious, and 
common law unions. While the law does not recognize new cases of 
polygyny, it grants women already in polygynous marriages full marital 
and inheritance rights. The law more precisely defines women's legal 
rights with regard to property, child custody, and other issues. 
However, nearly four years after taking effect, a survey conducted by 
the NGO MULEIDE found that approximately 63 percent of women remained 
uninformed about the law. A Save the Children report on inheritance 
practices released in June 2007 noted that 60 percent of women cited 
discrimination in inheritance process and highlighted cases in which 
women lost inheritance rights for not being ``purified'' following the 
death of their husbands.
    Customary law was still practiced in many areas. In some regions, 
particularly the northern provinces, women had limited access to the 
formal judicial system for enforcement of rights provided under the 
civil code and instead relied on customary law to settle disputes. 
Under customary law, women have no rights to inherit land.
    Women continued to experience economic discrimination, were three 
times less likely than men to be represented in the public and formal 
private sectors, and often received lower pay than men for the same 
work.

    Children.--While the Government continued to stress the importance 
of children's rights and welfare, significant problems remained. In 
April the National Assembly passed a law on child protection. The law 
contains sections dealing with protection against physical and sexual 
abuse, removal from parents who are unable to defend, assist, and 
educate them, and the establishment of minors' courts to deal with 
matters of adoption, maintenance, and regulating parental power.
    A UN Children's Fund (UNICEF) report released in May 2007 estimated 
that the incidence of birth registration was less than 40 percent, and 
that 94 percent of children under age four were not registered. In some 
cases, particularly in rural areas, lack of birth certificates 
prevented children from registering for school, obtaining health care, 
and obtaining public documents, such as identity cards or passports.
    Education is compulsory through age 12, but enforcement was 
inconsistent. Public education is free, but most families paid 
enrollment fees for each child and purchased books, uniforms, and other 
school supplies. Children who have a certificate that testifies their 
parents' incomes are below a certain poverty level are exempt from 
fees, but for most families, fees and associated costs remained a 
significant financial burden.
    In 2007 UNICEF estimated that 94 percent of children were enrolled 
in school. Despite joint government/NGO initiatives in certain 
localities and districts to improve girls' school attendance, 
completion rates for primary school students were approximately 41 
percent for boys and 29 percent for girls.
    The PRM reported more than 1,500 cases of child abuse through June, 
but noted that the vast majority of cases went unreported. In December 
the Government, in partnership with an NGO network, began a 24 hour 
hotline, allowing the public to report cases of child abuse. Most cases 
involved sexual abuse, physical abuse, or negligence. Several cases of 
fathers sexually abusing their daughters were reported. Sexual abuse in 
schools was a growing problem. There were numerous press reports during 
the year focusing on the large numbers of high-school-aged girls 
pregnant as a result of being coerced into having sex with their 
teacher.
    There continued to be newspaper reports of physical abuse of 
students by teachers during the year.
    Local custom, primarily in the northern provinces and in Muslim and 
South Asian communities, allowed underage marriage.
    The law prohibits pornography, child prostitution, and sexual abuse 
of children under 16 and prescribes prison sentences and fines for 
perpetrators; however, exploitation of children below the age of 15 
continued and child prostitution remained a problem. Child prostitution 
appeared to be most prevalent in Maputo, Nampula, Beira, and at border 
towns and overnight stopping points along key transportation routes. 
Child prostitution reportedly was growing in the Maputo, Beira, 
Chimoio, and Nacala areas, which had highly mobile populations and a 
large number of transport workers. Child prostitution also was reported 
in Sofala and Zambezia provinces. Some NGOs provided health care, 
counseling, and training in other vocations to children engaged in 
prostitution. In practice perpetrators of these crimes rarely were 
identified and prosecuted, and punishment was not commensurate with the 
crime. However, in July a Maputo court sentenced two Turkish citizens 
to a year in prison and 75,000 meticais (approximately $3,000) each for 
sexually abusing 17 children living at a private residence in Maputo 
City.
    There continued to be a significant number of street children, but 
no nationwide figures were available.
    Zimbabwean children, many of whom entered the country alone, 
continued to face labor exploitation and discrimination. They lacked 
protection due to inadequate documentation and had limited access to 
schools and other social welfare institutions. Coercion of Zimbabwean 
girls into the sex industry was common.
    The Government took steps to address the problems facing HIV/AIDS 
orphans. In June the Government estimated the country had 430,000 
orphans who had lost either one or both parents to HIV/AIDS, and a 
study released during the year by UNICEF estimated that this number 
could reach 650,000 by 2010. Several government agencies, including the 
Ministry of Health and the Ministry of Women and Social Action, 
implemented programs to provide health assistance and vocational 
education for HIV/AIDS orphans.
    The Maputo City Office of Women and Social Action continued its 
program to rescue abandoned orphans and assisting single mothers who 
headed families of three or more persons. It also offered special 
classes to children of broken homes in local schools. NGO groups 
sponsored food, shelter, and education programs in all major cities.

    Trafficking in Persons.--The April Antitrafficking in Persons Law 
prohibits all forms of trafficking in persons; however, there were 
reports that persons were trafficked to, from, through, and within the 
country. Most trafficking victims were transported to South Africa on 
the highway from Maputo to Johannesburg. The majority of victims were 
women and children trafficked for both sexual exploitation and forced 
labor. Boys were trafficked for labor on South African farms and in 
mines, and girls were trafficked for use in prostitution and domestic 
servitude.
    Traffickers were principally citizens or South Africans. 
Trafficking groups included small networks of citizens based in Maputo 
and Nampula, and there were reports that Chinese, Pakistani, and 
Nigerian organized crime groups were involved. Traffickers often lured 
victims by promising better jobs in South Africa. Once there, they were 
threatened with exposure of their illegal status and forced to work for 
little or no pay. Often women were sexually assaulted en route to their 
destination or once they arrived in South Africa. There were also 
reports that syndicates trafficked young girls from Thailand through 
the country en route to South Africa. Small numbers of children and 
adults reportedly were trafficked to Zambia for agricultural labor, and 
Zimbabwean women and girls were trafficked to Mozambique for sexual 
exploitation and domestic servitude.
    The law provides for penalties of 16 to 20 years' imprisonment for 
those recruiting or facilitating exploitation of a person for purposes 
of prostitution, forced labor, slavery, or involuntary debt servitude. 
The Government's law enforcement efforts increased over the previous 
year. Following the passage of the antitrafficking law, the PRM created 
a special unit to deal specifically with apprehensions, investigations, 
and reintegration. In March South African authorities apprehended a 
Mozambican woman alleged to have trafficked local girls to Pretoria for 
forced prostitution; the Government immediately dispatched 
investigators from the attorney general's office and the PIC to South 
Africa to assist in the investigation and discuss possible extradition.
    While there were no prosecutions or convictions for trafficking 
cases during the year, police authorities stated they had rescued more 
than 200 children being trafficked to South Africa during the first six 
months of the year. In addition police made arrests of traffickers and 
transporters involved in these cases, and several investigations were 
ongoing. Many lower-ranking police and border control agents were 
suspected of accepting bribes from traffickers.
    Due to a lack of resources, government officials regularly called 
on NGOs for the provision of protection and assistance to victims, 
including shelter, food, counseling, and rehabilitation. The Ministry 
of Interior expanded the number of offices for attending to women and 
child victims of violence from 96 to 152, and provided victims' 
assistance training for police officers who dealt with such cases. The 
police also conducted general training on trafficking and detecting at-
risk children in the central provinces of Sofala, Manica, and Zambezia 
and the northern province of Nampula.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the constitution and law 
stipulate that citizens with disabilities shall fully enjoy the same 
rights as all other citizens, the Government provided few resources to 
implement this provision. Discrimination was common against persons 
with disabilities in employment, education, access to health care, and 
in the provision of other state services. The law does not mandate 
access to buildings for persons with disabilities, but the Ministry of 
Public Works and Habitation worked to ensure that public buildings in 
Maputo city provided access to persons with disabilities. Electoral law 
provides for the needs of voters with disabilities in the polling 
booths.
    Concerns of persons with disabilities included lack of access to 
socioeconomic opportunities and employment, limited access to buildings 
and transportation, and a lack of wheelchairs. Special access 
facilities were rare. There were few job opportunities for persons with 
disabilities in the formal sector.
    The country's only psychiatric hospital was overwhelmed with 
patients and lacked the means to guarantee even basic nutrition, 
medicine, or shelter. During the first six months of the year, the 
hospital received 1,160 patients, compared with 348 during the same 
period in 2006. Doctors at the hospital also reported that many 
families abandoned members with disabilities at the hospital. Veterans 
with disabilities continued to complain about not receiving pensions.
    The Ministry of Women and Social Action is responsible for 
protecting the rights of persons with disabilities. The four-year 
National Action Plan in the Area of Disabilities announced in 2006 
still had not received any financing for implementation.
    Maputo city offered free bus passes to persons with disabilities.

    National/Racial/Ethnic Minorities.--There were reports of tension 
between newly arrived Chinese guest workers, often employed in 
construction, and citizens in Maputo city and Beira, Sofala Province.
    There were reports of discrimination by police against Zimbabwean 
immigrants during the year.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination of workers on the basis of HIV/AIDS status, and the 
Ministry of Labor generally intervened in cases of perceived 
discrimination by employers. In July the Ministry of Labor reported 
receiving more than 100 cases annually of workers being dismissed by 
their employers for having HIV/AIDS. Often, workers were obligated by 
the employer to take HIV/AIDS tests. In response to these violations, 
the ministry registered the complaints and confronted companies 
responsible for dismissals.
    The law does not specifically prohibit discrimination based on 
sexual orientation, and there were occasional reports of such 
discrimination. The LDH reported cases of discrimination against 
homosexuals in the courts. The Workers Law includes an article that 
prevents discrimination in the workplace based on a number of factors, 
including sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law provide that 
all non-government workers are free to form and join a trade union of 
their choice without previous authorization or excessive requirements, 
and workers exercised these rights in practice. Until November, when a 
new law was passed, labor laws guaranteeing the right of association 
did not cover government employees, including firefighters, members of 
the judicial agencies, and prison guards. As of June the Mozambican 
Workers Association (OTM) estimated that of the approximately 500,000 
workers in the formal sector, 98,000 were unionized. Some unions 
alleged that the OTM was under the influence of FRELIMO. While 
government employees were previously not allowed to form unions, in 
November parliament approved new statutes which allow government 
employees to form unions and strike.
    The law explicitly provides for the right to strike, and workers 
exercised this right in practice; however, until November civil 
servants, police, military personnel, and workers in other essential 
services (including sanitation, firefighting, and health care) did not 
have the right to strike. The law specifies that strikers must notify 
police, the Government, union, and employers 48 hours in advance of 
intended strikes.
    Unlike in the previous year, there were no reports that security 
forces shot or killed strikers.

    b. The Right to Organize and Bargain Collectively.--Although the 
law provides for the right of workers to organize and engage in 
collective bargaining, such contracts covered less than 2 percent of 
the work force. The Government did not set private sector salaries. 
Unions were responsible for negotiating wage increases.
    The law prohibits antiunion discrimination; however, there were 
reports that many companies continued to engage in antiunion 
discrimination by replacing persons at the end of contracts, dismissing 
workers for going on strike, and not abiding by collective bargaining 
agreements.
    There are no special laws or exemption from regular labor laws in 
the few export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and while there were 
few reports that such practices occurred in the formal economy, forced 
and bonded labor, particularly by children, was common in rural areas. 
Forced prostitution and domestic servitude also occurred. There were 
also numerous reports of children brought from rural areas to urban 
centers with promises of schooling and a better life, only to end up as 
forced domestic workers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits child labor; however, it remained a problem. In the 
formal economy, the minimum working age without restrictions is 18 
years of age. The law permits children between 15 and 18 to work, but 
the employer is required to provide for their education and 
professional training and to ensure that conditions of work 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 children under the age of 18, the maximum workweek is 38 hours, the 
maximum workday is seven hours, and they 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.
    Although the law prohibits forced and bonded labor by children, it 
was considered to be a common problem, especially in rural areas. Many 
children in rural areas were forced to work, particularly in commercial 
agriculture, as domestics, as well as to engage in prostitution. The 
major factors contributing to the worst forms of child labor were 
chronic family poverty, lack of employment for adults, breakdown of 
family support mechanisms, the changing economic environment, lack of 
educational opportunities, gender inequality, and the impact of HIV/
AIDS. Children, including those under the age of 15, commonly worked on 
family farms in seasonal harvests or on commercial plantations, where 
they picked cotton or tea leaves and were paid on a piecework basis.
    The Ministry of Labor regulates 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. Violations of 
child labor provisions are punishable with fines ranging from one to 40 
months of salary at minimum wage. Enforcement mechanisms generally were 
adequate in the formal sector but remained poor in the informal sector. 
The labor inspectorate and police forces lacked adequate staff, funds, 
and training to investigate child labor cases, especially in areas 
outside the capital where a majority of the abuses occurred. Although 
the Government provided training for police on child prostitution and 
abuse, there was no specialized child labor training for the labor 
inspectorate. The Government disseminated information and provided 
education about the dangers of child labor to the general public.

    e. Acceptable Conditions of Work.--In May the Government announced 
increases for a new nine-part (electricity/gas, manufacturing, 
financial services, non-financial services, agriculture, construction, 
fisheries, mining, and government) minimum wage system, which replaced 
the old two-part industry/services and agriculture system. The lowest 
increase was 10 percent for government employees, and the highest 
increase was 30 percent for workers in the electricity and gas sector. 
Despite the increase, which was slightly above the inflation rate 
reported during the year, none of the minimum wages provided a decent 
standard of living for a worker and family. Although the industrial 
sector frequently paid above minimum wage, there was little industry 
outside of the Maputo area. In addition less than 10 percent of workers 
held salaried positions, and the majority of the labor force worked in 
subsistence farming. Many workers used a variety of strategies to 
survive, including finding a second job, maintaining their own gardens, 
or depending on the income of other family members.
    The Ministry of Labor is responsible for enforcing the minimum wage 
rates in the private sector and the Ministry of Finance in the public 
sector. Violations of minimum wage rates usually were investigated only 
after workers registered a complaint. Workers generally received 
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 the 
base hourly salary. Overtime is limited by law to two hours per day and 
100 hours per year. The law provides for one hour of rest per day. 
Foreign workers are protected under the law.
    Worker complaints continued during the year concerning employers 
deducting social security contributions from wages but failing to pay 
them into accounts; lack of access to the social security system; not 
adhering to the law concerning firings; and intimidation of union 
members. At year's end no action was taken on any of these cases.
    In the small formal sector, health and environmental laws were in 
place to protect workers; however, the Ministry of Labor did not 
effectively enforce these laws, and the Government only occasionally 
closed firms for noncompliance. There continued to be significant 
violations of labor laws in many companies and services. Workers have 
the right to remove themselves from work situations that endanger their 
health or safety without jeopardy to their continued employment; in 
practice threats of dismissal and peer pressure restricted this right.
    In October 2007 the Ministry of Labor found approximately 90 
workers at the Golden Fields Flower Company living in slave-like 
conditions working long hours and without access to sanitary facilities 
or safe drinking water. Following an inspection in March, the ministry 
determined that conditions had improved and lifted its suspension on 
the company.
    At year's end the Ministry of Labor reported 416 labor accident 
victims, 251 of whom were temporarily incapacitated and 152 of whom 
were permanently disabled, and 13 of whom were killed. While the law 
imposes fines for recurring accidents, no fines were imposed during the 
year. The law also requires that companies insure workers, but Ministry 
of Labor estimates indicated that only between 50 and 60 percent of 
companies actually provided coverage. Workers had the right to remove 
themselves from situations that endangered health and safety without 
jeopardy to their employment and authorities enforced this right.

                               __________

                                NAMIBIA

    Namibia is a multiparty democracy with a population of 
approximately two million. President Hifikepunye Pohamba was elected in 
2004, succeeding Sam Nujoma, the country's first president and former 
leader of the ruling South West Africa People's Organization (SWAPO). 
International and domestic observers generally considered the 2004 
presidential and parliamentary elections free and fair. Civilian 
authorities generally maintained effective control of the security 
forces.
    Although the Government generally respected the human rights of its 
citizens, human rights problems included: police use of excessive 
force; poor conditions in prisons and detention centers; arbitrary 
arrest, prolonged pretrial detention and long delays in trials; 
government criticism of the media and nongovernmental organizations 
(NGOs); attacks, harassment, and intimidation of opposition members by 
some SWAPO supporters; and official corruption. Societal abuses 
included violence against women and children, including rape and child 
abuse; discrimination against women, ethnic minorities, and indigenous 
peoples; 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
on February 3, an unidentified police officer shot and killed Ndishishi 
Ya Nambinga, a demonstrator who was reportedly disrupting a SWAPO party 
political rally. According to the police and the local NGO National 
Society for Human Rights (NSHR), Ya Nambinga stabbed Constable Hilma 
Nakumbwata, who was attempting to arrest him for disorderly conduct. 
The unidentified police officer fired a warning shot in the air before 
shooting Ya Nambinga several times in the stomach.
    An investigation into the April 2007 suffocation death of William 
Cloete, who died in a shipping container which police in the town of 
Rosh Pinah used as a detention center, was ongoing at year's end.
    The January 2006 police shooting and killing of Collen Goliath 
remained under investigation at year's end.
    There were no developments, and none were expected, in the case of 
Linus Muhimba, who died while in police custody in May 2006.
    Two of the 16 police officers accused of beating five men, one of 
whom died from his injuries in May 2005, were acquitted of all charges. 
The trial for the remaining 14 was moved to the High Court and was 
ongoing at year's end.
    Unlike in the previous year, no deaths resulted from unexploded 
ordnance.
    On August 30, the NSHR announced the discovery of possible mass 
graves along the country's border with Angola. The NSHR alleged the 
graves could be linked to ``enforced disappearances'' in Caprivi and 
Kavongo regions between 1994 and 2003. The Government subsequently 
investigated one of the grave sites, which contained the remains of 
five political activists who were killed without trial by South African 
security forces in 1972. Government officials claimed the site was well 
known and did not represent a new finding. The NSHR contested the 
Government's claim that the gravesite was publicly known and argued 
that the Government should reveal all information it had on mass 
graves. None of the other mass graves had been investigated 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 and law prohibit such practices; however, 
police sometimes used excessive force when apprehending, interrogating, 
and detaining criminal suspects. Press reports and human rights 
advocates noted a continuing decline in incidents of police brutality 
during the year. For example, the Legal Assistance Center (LAC) and the 
NSHR noted considerably fewer claims of police abuse from detainees 
than in previous years. The Government took action against some 
perpetrators of abuse.
    Unlike in the previous year, there were no reports that police used 
force, including beatings, to disperse demonstrators, although SWAPO 
supporters assaulted demonstrators and attacked opposition members (See 
Section 2.b.).
    There were no developments in the case of Hafeni Joseph Amalwa, who 
filed charges against an arresting officer for allegedly assaulting him 
in April 2007.
    There were no developments, and none were expected, in the 
following 2006 security force assault cases still pending before the 
courts: the mob assault, led by two members of the Special Field Force 
(SFF), against two women accused of witchcraft; the alleged assault on 
Mariental residents by members of the SFF police unit and the Namibian 
Defense Force (NDF); and the kidnapping and assault of Hofenie Angomo 
Ikolola.
    Numerous individuals continued to pursue civil court cases against 
the Government as a result of alleged security force abuses during the 
1999 Caprivi secessionist attacks. Three of the civil claims were 
settled out of court in September, almost eight years after the claims 
were initially filed with the High Court. The remaining 112 civil cases 
remained pending before the courts at year's end.
    Suspects in the Caprivi treason trial continued to complain of poor 
medical services and intimidation of their visitors by prison 
officials.
    On July 11, two supporters of the new opposition Rally for 
Democracy and Progress (RDP) party, Sylvanus Reinhold and Sackey 
Amenya, sustained serious wounds after being attacked by a mob of 
ruling SWAPO party supporters in the Windhoek township of Katutura. 
Three SWAPO supporters were subsequently arrested, and their case was 
under investigation at year's end.
    Unlike in the previous year, there were no reports of injuries from 
unexploded ordnance.

    Prison and Detention Center Conditions.--Prisons and detention 
centers were overcrowded, poorly maintained, and lacked basic 
sanitation and adequate food. Guards sometimes abused prisoners, 
although there were no such reports during the year. In April the 
newspaper The Namibian reported that Windhoek Central Prison held 1,172 
prisoners, almost 30 percent over its official capacity of 912 
prisoners. The Government-owned New Era newspaper reported during the 
year that one police holding facility designed to accommodate 105 
persons held 224.
    Conditions of police holding cells showed little change since a 
2006 ombudsman's report cited the cells for poor sanitary conditions, 
overcrowding, insufficient food, unsafe infrastructure, and lack of 
access to medical care and potable water. Minister of Safety and 
Security Nickey Iyambo, who visited a number of police holding 
facilities throughout the year, criticized their poor conditions.
    Victims of prison abuse were able to pursue legal remedies, 
although lengthy delays were common. For example, in June a court 
ordered the Ministry of Prison Services to pay Paul Kennedy, an inmate 
at the Windhoek Central Prison, 15,000 Namibian dollars (approximately 
$1,482) in damages for an assault by a prison officer in 2002.
    Some detainees were held with convicted prisoners, and juveniles 
continued to be held with adults in many rural areas. There were pilot 
programs that provided alternatives to incarceration for juvenile 
offenders, such as placing youths in shelters and foster homes. The NGO 
Criminals Return into Society also offered a number of rehabilitation 
programs to build vocational skills. In 2007 the Government launched a 
community service pilot project as an alternative to incarceration in 
four of the 13 regions for adult and juvenile persons convicted of 
petty crimes.
    The Government continued to grant NGOs regular access to prisons 
and prisoners. The International Committee of the Red Cross (ICRC) 
continued to visit prisons and detention centers from its regional 
delegation headquarters in Zimbabwe.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest or detention; however, there were reports 
that security forces sometimes assaulted or otherwise mistreated 
citizens during arrest or in detention.

    Role of the Police and Security Apparatus.--The police, including 
the paramilitary SFF, are under the Ministry of Safety and Security. 
The NDF, which has approximately 16,000 members, is under the Ministry 
of Defense. All are responsible for internal security. The Namibian 
Police Force (NAMPOL) has approximately 12,000 members and is highly 
centralized, with regional commands responsible to the inspector 
general of police, who reports to the minister of safety and security. 
Approximately half of NAMPOL's overall complement is assigned to the 
SFF, a paramilitary unit composed 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 effectively deter or 
investigate street crime.
    Police corruption and impunity were problems.
    In July The Namibian newspaper reported that police officers 
sometimes threatened to arrest prostitutes if they did not agree to 
perform sex.
    Although some security force members accused of abuse and 
corruption were arrested and tried in military courts or the civilian 
criminal justice system, the Government took no action against others.
    The case was still pending against Andrew Iyambo, the deputy 
commissioner of police for Erongo Region, who was suspended in 2007 for 
misappropriating funds donated to the regional police by a fishing 
company.
    No action was taken, and none was expected, in the 2006 corruption 
case against police commanders Lottinelomba Uusiku and Joseph Kamati.
    Police continued to receive human rights training designed by the 
Windhoek-based LAC. Some officers attended training programs with human 
rights components at the International Law Enforcement Academy in 
Gaborone, Botswana.

    Arrest and Detention.--Arrest warrants are not required in all 
cases, such as when a suspect is apprehended during the commission of a 
crime. Persons arrested must be informed of the reason for their arrest 
and brought before a magistrate within 48 hours of their detention, but 
the Government did not always respect these provisions in practice. 
Detainees generally were promptly informed of the charges against them. 
Those accused are entitled to defense by the legal counsel of their 
choice, and those who cannot afford a lawyer are entitled to state-
provided counsel; however, many prisoners could not afford counsel, and 
indigent persons were not always provided counsel, primarily due to an 
insufficient number of public defenders. There is a functioning bail 
system. 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 an advisory board appointed by 
the president must review their cases.
    There were reports of arbitrary arrest and detention.
    Security forces arrested opposition members (See Section 3).
    City police arrested homeless children and detained them in police 
stations. In February police rounded up and detained 16 homeless 
children on suspicion of theft. The children, none of whom was formally 
charged, were detained in the same holding cells as adults.
    Unlike in the previous year, there were no reports of incommunicado 
detention.
    The Government sometimes remunerated persons who were arbitrarily 
arrested and did so in 2007; however, there were no such cases during 
the year.
    A trial must take place within ``a reasonable time,'' or the 
accused must be released; however, lengthy pretrial detention was a 
problem. Approximately 8 percent of the general prison population was 
awaiting trial, and there were approximately 50,000 unresolved cases on 
the court dockets. The lack of qualified magistrates and other court 
officials, the high cost of legal aid, and slow or incomplete police 
investigations resulted in a serious backlog of criminal cases and 
delays of years between arrest and trial.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and while the courts continued to act 
independently and at times made judgments and rulings critical of the 
Government, the judicial system was hampered by inefficiency and a lack 
of resources.
    The formal court system has three levels: 30 magistrate courts; the 
High Court; and the Supreme Court. The latter served as a court of 
appeals and constitutional review court. Military courts try members of 
the military only. Customary courts heard most civil and petty criminal 
cases in rural areas. The law delineates which offenses may be dealt 
with under the traditional system.
    Most rural citizens first encountered the legal system through the 
traditional courts, which deal with infractions of local customs among 
members of the same ethnic group. The law delineates the role, duties, 
and powers of traditional leaders and provides that customary law is 
invalid if it is inconsistent with the constitution.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, but this right was limited by long delays in hearing 
cases in the regular courts and the uneven application of 
constitutional protections in the traditional system. The 131 Caprivi 
treason detainees imprisoned in Windhoek, for example, have been 
waiting for the completion of their trials for seven years. The law 
provides for public trials, but not juries. Defendants have the right 
to be present at trial, to consult with an attorney in a timely manner, 
and along with their attorneys to have access to government-held 
evidence. Indigent defendants are entitled to a lawyer provided by the 
state; however, this often did not occur due to insufficient public 
defenders. Defendants are presumed innocent, can confront witnesses, 
and have the right of appeal.
    During the year procedural problems continued to dominate the high 
treason trials of detainees arrested in connection with the 1999 
attacks on government institutions at Katima Mulilo. The prosecution 
sought to have some of their witnesses declared hostile, and a pay 
dispute involving the state-provided lawyers for the defense delayed 
proceedings for a week. There were no convictions or acquittals by 
year's end. The ten Caprivi detainees who were convicted in 2007 filed 
a motion to appeal their conviction during the year.
    The case of two ethnic Mafwe witnesses who appeared in court in 
2006 on charges of perjury and obstruction of justice for denying 
statements they had made to investigators in the Caprivi treason trial 
was postponed to June 2009. The two claimed their statements were 
obtained under duress inflicted by security forces.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    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. High-level government officials sometimes 
chided journalists who criticized the Government, former president 
Nujoma, or the ruling party, and threatened unspecified consequences 
against some media outlets, although no threats were carried out during 
the year. Journalists working for government-affiliated media practiced 
self-censorship, although such outlets also criticized the Government, 
as did reporters for independent newspapers.
    There were four daily national newspapers, three of which were 
independent, and four independent weekly newspapers. The New Era 
newspaper and the Namibian Press Agency were both parastatals, whose 
boards were appointed by the minister of information and broadcasting. 
The Government shared equal ownership of the regional weekly newspaper 
Southern Times with the Government of Zimbabwe. The ruling SWAPO party 
owned one publication, Namibia Today.
    The Government owned and operated the Namibian Broadcasting 
Corporation (NBC) Radio and Television, which were the most widely 
broadcast and influential media in the country. NBC's television and 
nine radio services broadcast in English and indigenous languages.
    There were 12 private radio stations and one private television 
network, One Africa TV. There were two cable and satellite TV 
providers, which offered numerous channels of programming; SWAPO owned 
51 percent of one of the providers.
    On November 28, security forces arrested South African television 
journalist Bonita Nuttall for working after entering the country on a 
tourist visa; the law requires foreign journalists to obtain temporary 
residence and work permits before entering the country. Nuttall, who 
spent the night in an airport holding cell, was released the next day 
and ordered to pay 2,000 Namibian dollars (approximately $198) bail 
pending an initial court appearance. On December 3, a Windhoek court 
ordered Nuttall to pay additional bail of 8,000 Namibian dollars ($790) 
pending a trial scheduled for February 2009. In a December 5 letter to 
the minister of communications technology, the international NGO 
Reporters Without Borders called Nuttall's detention ``an abuse of 
authority out of proportion to the offence.''
    In November newspaper editors called for the withdrawal of a clause 
from a proposed communication bill that would allow the intelligence 
services to tap phones and monitor e-mail without referring to a court. 
The Media Institute of Southern Africa called the proposed bill a 
setback for free expression.
    Some senior SWAPO officials have criticized media outlets at 
campaign events and suggested that they need to tell ``the truth'' or 
face the consequences. On February 19, the Media Institute for Southern 
Africa expressed concern that statements by SWAPO Vice President and 
Trade Minister Hage Geingob could be perceived as threatening to the 
press; Geingob had praised the Government for standing firm and ``not 
arresting or touching'' Windhoek Observer editor Hannes Smith for 
``nonsense'' published in the Observer and other media outlets about 
the Government.
    Despite a February 7 announcement by the minister of information 
that the Government would form a media council to regulate the media 
and provide a mechanism for the public to file complaints, no action 
had been taken by year's end; SWAPO passed a resolution in November 
2007 instructing the minister of information to establish a media 
council to regulate media ethics.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail and 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
While Internet access was unrestricted, usage was limited in rural 
areas due to poverty.

    Academic Freedom and Cultural Events.--On September 9, the NSHR 
claimed that the Government-owned PolyTechnic Hotel and Tourism School 
canceled its booking on the day of the NSHR's planned presentation of a 
report on alleged mass graves (See Section 1.a.). The school provided 
no prior notice or explanation.
    During the year the University of Namibia (UNAM) filed disciplinary 
charges against two senior lecturers, Patrick Iijambo and Usuatuije 
Maamberua, for holding office in the SWANU political party while being 
employed at the institution; UNAM forbids its employees from holding 
political office. The professors, who claimed that UNAM took no action 
against university staff who held office in SWAPO and that UNAM's 
policy violated their constitutional right to freedom of expression, 
filed an appeal to an internal UNAM council. In December the council 
ruled in favor of Iijambo and Maamberua.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and unlike in the previous year, the Government generally respected 
this right; however, SWAPO supporters attempted to block opposition RDP 
rallies on several occasions.
    On November 22, SWAPO supporters prevented RDP supporters from 
holding a rally in Outapi and subsequently assaulted RDP supporters and 
police. Senior government officials, including President Pohamba, 
defended the perpetrators, alleging that the RDP had provoked the SWAPO 
supporters by planning the rally in SWAPO's stronghold. The president 
then called on political parties and the citizenry to respect the 
authority of the police and the sanctity of the constitution. SWAPO 
supporters also attempted to block an opposition RDP rally in the 
Tobias-Hainyeko constituency of Windhoek on October 18 and in the 
northern town of Omuthiya on September 26.
    On February 3, an unidentified police officer shot and killed a 
demonstrator who had stabbed a police constable (See Section 1.a.).

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.

    Societal Abuses and Discrimination.--There was a very small Jewish 
community and no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation, and 
the Government generally respected this right in practice. The 
Government cooperated with the UN Office of the High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in protecting and 
assisting internally displaced persons, refugees, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.
    The Government continued to limit the freedom of travel of Cuban 
doctors working in the country under a Cuban bilateral assistance 
program. These doctors were generally not allowed to travel within or 
from the country without consent from the Cuban embassy, which held 
their passports.
    The constitution prohibits forced exile, and the Government did not 
use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees; and although the country is not a 
signatory to its 1967 protocol, the Government has established a system 
for providing protection to refugees. In practice the Government 
provided protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened. The 
Government also provided temporary protection to certain individuals 
who may not qualify as refugees under the 1951 convention or the 1967 
protocol.
    According to the UNHCR, approximately 6,400 refugees resided in 
Osire Refugee Camp, and another 1,300 lived outside the camp among the 
general population. Approximately 5,600 of the refugees were from 
Angola; the others were primarily from the Democratic Republic of the 
Congo, Burundi, and Rwanda. During the year the Government issued 
identification cards to all refugees to facilitate travel outside the 
camp. Nevertheless, some refugees complained that they were still 
prevented from working outside the refugee camp. Education through 
grade 10 was available to all refugees, and the Government facilitated 
further secondary education for students with financial sponsorship at 
schools outside the camp. The Government provided antiretroviral 
therapy to refugees infected with HIV/AIDS.
    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.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic and free elections held on the basis of 
universal suffrage. In the lead up to local elections held during the 
year, SWAPO supporters used violence and intimidation against 
opposition party members and leaders.

    Elections and Political Participation.--On September 26, after two 
postponements due to voter list and registration discrepancies, the 
town of Omuthiya held a local council election in which SWAPO won six 
of seven seats. While SWAPO and the new opposition party RDP 
acknowledged the voting to have been generally free and fair, RDP 
officials accused SWAPO of using intimidation and violence before the 
voting. Irregularities in registering voters resulted in the Electoral 
Commission's March 7 decision to suspend Director of Elections Philemon 
Kanime.
    Presidential and parliamentary elections were held in 2004. SWAPO 
candidate Hifikepunye Pohamba was elected president with 76.4 percent 
of the vote, and SWAPO candidates 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, six opposition parties won a total 
of 17 seats.
    During the year opposition members were subjected to political 
violence. In separate incidents in the same northern village of Okongo, 
alleged SWAPO supporters on February 23 stabbed two RDP supporters, one 
of whom was admitted to a hospital in critical condition; one person, 
an alleged SWAPO supporter, was arrested. Following the incidents, 
SWAPO Secretary General and Minister of Justice Pendukeni Iivula-Ithana 
claimed that the media exaggerated the two incidents and that neither 
was politically motivated.
    On October 28, citing registration problems and Electoral 
Commission bias, three opposition political parties decided to boycott 
the October 31 Tobias Hainyeko constituency by-election. On the eve of 
the election, security forces arrested and briefly detained four 
opposition party leaders, who had circulated a document urging 
residents not to vote; the four were charged with violating section 104 
of the Electoral Act, which prohibits the use of threats or violence to 
prevent people from voting. Both the LAC and the Institute for Public 
Policy Research questioned the use of Article 104 as justification for 
the detentions. By year's end the prosecutor general had not decided 
whether to prosecute the opposition leaders.
    Two days prior to the Tobias Hainyeko constituency by-election, 
unknown assailants threw tear gas at the house of RDP candidate Erasmus 
Hendjala.
    Women held 24 seats in the 78-seat National Assembly, which 
included six appointed seats and 72 elected ones. There were six female 
ministers, including the deputy prime minister, and five female deputy 
ministers among the 45 ministerial and deputy ministerial incumbents.
    Historic economic and educational disadvantages limited the 
participation of the indigenous San ethnic group in politics; however, 
a SWAPO member of the San community represented the community 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 
deputy prime minister and speaker of the National Assembly.

    Government Corruption and Transparency.--The law prohibits 
corruption, but the Government did not implement the law effectively, 
and officials engaged in corrupt practices. The World Bank's Worldwide 
Governance Indicators reflected that corruption was a problem.
    During the year the Government took action against corrupt 
officials. On November 27, the Anti-Corruption Commission (ACC) 
arrested Vincent Hailulu, the chief executive officer of the National 
Housing Enterprise. Hailulu was charged with ``enriching himself'' with 
public funds-overcharging on travel and using a government credit card 
for private reasons-as well as not following proper hiring procedures. 
Hailulu was released on bail and awaited a trial scheduled for February 
2009.
    On August 7, a court sentenced former employee Jacqueline Snewe of 
the Government-owned Namibia Wildlife Resorts to six years' 
imprisonment for diverting 500,000 Namibian dollars ($49,442) in 
tourism fees from the Ministry of Environment and Tourism, according to 
press reports.
    On August 18, the Karas Regional Council decided not to renew the 
contract of its chief regional officer, Salman Jacobs, who was charged 
with filing fraudulent travel vouchers and defrauding the council on a 
gardening project.
    Investigations into 2007 corruption cases involving the Ministry of 
Works, Transport, and Communication; the Henties Bay Town Council; and 
the Ministry of Lands and Resettlement were ongoing at year's end.
    The 2005 embezzlement case against Gerry Munyama, the former 
director general of NBC, was still pending before the courts at year's 
end.
    Critics of the anticorruption campaign charged that the ACC 
narrowly interpreted its mandate and focused on minor cases, few of 
which were prosecuted. Observers cited the 2007 case against Namibia 
Liquid Fuel (NLF) as an example of the ACC overlooking or not 
vigorously pursuing cases in which more senior officials were 
implicated. NLF was a privately held company founded by senior 
government officials shortly before the company won a lucrative 
contract to import petroleum products on behalf of a parastatal. In the 
2007 case, the ACC found that government officials had appropriately 
disclosed their interests in NLF but failed to comment on the adequacy 
of existing government regulations on conflict of interest or of the 
propriety of government employees using their positions for personal 
gain.
    Public officials were subject to financial disclosure laws. 
Government institutions, the ACC, the Office of the Ombudsman, and the 
Office of the Auditor General were responsible for combating public 
corruption.
    No laws provided for public access to government information, and 
media outlets generally found the Government unwilling to provide 
information, including salary scales for public 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 their findings on human rights cases; however, government 
officials continued to disapprove publicly of NGO criticism of the 
ruling party and government policies.
    The NSHR and the LAC were the primary human rights NGOs in the 
country, and the police regularly met with both. The LAC often assisted 
police with human rights training, while the NSHR reported incidents of 
police brutality and abuse of power.
    On March 11, SWAPO Secretary General and Minister of Justice 
Pendukeni Iivula-Ithana called NSHR Director Phil ya Nangoloh ``an 
agent provocateur who wants to instigate violence'' after ya Nangoloh's 
group filmed what it claimed was evidence of SWAPO violence against RDP 
supporters. The film showed SWAPO party supporters trying to disrupt a 
procession of RDP supporters on their way to an RDP rally at Omuthiya.
    The Government generally cooperated with international NGO human 
rights organizations, and the ICRC and other international bodies made 
visits during the year.
    There was an autonomous ombudsman, with whom the Government 
cooperated; he was considered effective in addressing some corruption 
and human rights problems.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
creed, gender, language, disability, social status, or religion, and 
specifically prohibit ``the practice and ideology of aparthei.''; 
however, the Government did not effectively enforce these prohibitions.

    Women.--The law defines rape in broad terms and allows for the 
prosecution of spousal rape. Numerous cases of rape were prosecuted 
during the year, and the Government generally enforced rape penalties, 
which provided for sentences of between five and 45 years' imprisonment 
for convicted rapists. According to police statistics for 2007, more 
than 12,563 cases of gender-based violence were reported, 1,111 of 
which involved rape. A 2006 LAC report cited a number of factors that 
hampered rape prosecutions, including lack of police transport, poor 
communication between police stations, and lack of expertise in dealing 
with child rape complainants. The report also noted that approximately 
one-third of all rape complainants withdrew their cases, usually within 
one or two months of filing charges, and that almost two-thirds of rape 
cases involved partners, family members, or acquaintances.
    Domestic violence is against the law; however, domestic violence, 
including beatings and rape, was widespread. There were 15 women's and 
children's shelters staffed with police officers trained to assist 
victims of sexual assault. During the year the People's Education, 
Assistance, and Counseling for Empowerment Center and other NGOs 
continued to provide training to these units. In 2007 the Ministry of 
Gender Equality and Child Welfare hosted a national conference on 
gender-based violence which developed a comprehensive strategy to 
address the issue. As part of that strategy, the Government, together 
with its civil society partners, concluded a study during the year on 
social conditions that resulted in violence against women and children. 
In some magistrates' 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.
    The law does not prohibit prostitution, and it was widespread.
    The law prohibits sexual harassment. Statistics were unavailable, 
but the problem was believed to be widespread. In late 2007 the LAC 
filed the first court case of workplace sexual harassment, which was 
settled in February for an undisclosed sum.
    The law prohibits discrimination against women, including 
employment discrimination; however, men dominated positions in upper 
management. The Ministry of Labor and Social Welfare and the Employment 
Equity Commission, which report to the minister of labor, were 
responsible for problems involving discrimination in employment; 
however, neither was effective due to the backlog of cases. The law 
prohibits discriminatory practices against women married under civil 
law, but women who 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.
    The Ministry of Gender Equality 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.

    Children.--The law enumerates children's rights; however, resource 
constraints and untrained support staff resulted in inadequate 
attention to child welfare. The Government dedicated approximately 21 
percent of its budget to education and 9 percent to health care.
    According to a 2006 survey conducted by the Government, 
approximately 40 percent of children-many of whom were born at home in 
rural areas-did not possess birth certificates, which are necessary to 
apply for social grants. Although prohibited by law, teachers in 
regions of the country bordering Angola, Zambia, Zimbabwe, and Botswana 
reportedly often refused to teach children who could not prove their 
citizenship. Mothers who delayed registration often faced a difficult 
process and long delays, particularly if parents had died and death 
certificates or other needed documents had never been obtained.
    During the year officials from the Department of Home Affairs and 
Immigration deployed to Katutura State Hospital in Windhoek in a pilot 
project to facilitate applications for birth certificates; previously, 
new mothers waited in long lines at the department's office.
    The birth registration pilot project at Katutura was open to all 
children, including the San, a significant number of whom did not have 
birth certificates or other forms of state identification. San often 
lived in remote areas, however, and the Government conducted mobile 
registration projects to those regions to register births. NGOs 
reported a decrease in San complaints of being unable to obtain proper 
identification documents; however, problems continued due to lack of 
birth records and lack of government officials with the necessary 
language skills. As with other undocumented citizens, orphaned San 
often could not receive government grants, and undocumented adult San 
could not receive state pension payments.
    During the year the court found unconstitutional a law that barred 
a child born out of wedlock from inheriting from the biological father. 
The ruling was made retroactive until 1990, the year when the 
constitution came into force. The ruling was considered particularly 
important given the number of children born outside marriage and the 
relatively low percentage of persons with wills.
    Although the constitution provides children with the right to 
primary and junior secondary education (grades one to 10), the numerous 
fees, which included fees for uniforms, books, boarding costs, and 
school improvement, placed a heavy burden on poor families and 
precluded some children from attending school. In general, more girls 
than boys were enrolled in secondary schools. Many San children and 
children from destitute families did not attend school.
    Child abuse was a serious problem, and authorities vigorously 
prosecuted crimes against children, particularly rape and incest. The 
law protects children under 18 years of age by criminalizing the 
actions of the client or pimp in cases of sexual exploitation, child 
pornography, and child prostitution. The Government continued to 
provide 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.
    Child prostitution occurred, generally without third-party 
involvement, and primarily as a means of survival among HIV/AIDS 
orphans and other vulnerable children. The growing number of HIV/AIDS 
orphans increased the vulnerability of children to sexual abuse and 
exploitation.
    City police arrested homeless children and detained them in police 
stations (See Section 1.d.).
    During the year the Government took several steps to provide 
medical care and other assistance to approximately 250,000 HIV/AIDS 
orphans and vulnerable children. For example, the Government reduced or 
eliminated school fees and provided social grants for such children.

    Trafficking in Persons.--The law specifically prohibits trafficking 
in persons; however, there were reports that persons were trafficked 
to, from, or within the country. The law also prohibits slavery, 
kidnapping, and forced labor, including forced prostitution, child 
labor, and alien smuggling.
    During the year there were reports that Zambian and Angolan 
children were trafficked to Namibia for domestic servitude, 
agricultural labor, and livestock herding.
    On December 3, the Irish Times newspaper reported that Irish 
authorities had ``disrupted and dismantled'' a trafficking ring and 
that one of the seven trafficking victims was a Namibian woman. On 
December 5, The Namibian newspaper reported that immigration officials 
had detained a Somali woman with an Irish passport and her children at 
Hosea Kutako International Airport for being suspected victims of 
trafficking. No further information was available, and it was unclear 
whether the newspapers were referring to the same or different cases.
    The police Serious Crime Unit is responsible for monitoring and 
investigating possible cases of trafficking.
    Traffickers were subject to fines of up to one million Namibian 
dollars (approximately $98,907) or up to 50-years' imprisonment.
    The UN Children's Fund and several NGOs assisted trafficking 
victims by providing support to counseling programs and shelters.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--While discrimination on the basis of 
disability is not addressed in the constitution, the law prohibits 
discrimination against persons with physical and mental disabilities in 
employment. Enforcement in this area was ineffective, and societal 
discrimination persisted. The Government does not require special 
access to public buildings, and some ministries remained inaccessible. 
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 
concerns received greater public attention than in previous years, with 
wider press coverage of the human rights problems that faced persons 
with disabilities. The Office of the Prime Minister employed an advisor 
on disability.
    On September 22, Air Namibia, the state-owned airline, barred a 
wheelchair-bound customer, David Mukwasa, from boarding a flight. Air 
Namibia stated that its Beechcraft 1900 D aircraft, used for all 
domestic flights, could not accommodate passengers with limited 
mobility. Air Namibia subsequently transported Mukwasa to his 
destination by car.

    National/Racial/Ethnic Minorities.--Despite constitutional 
prohibitions, societal, racial, and ethnic discrimination persisted. 
Some citizens continued to accuse the Government of providing more 
development assistance and professional opportunities to the majority 
Ovambo ethnic group. There were reports of farm workers, mostly black, 
suffering discrimination in remote areas by farm owners, both black and 
white.

    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, the San and other indigenous citizens have been 
unable to exercise these rights fully as a result of minimal access to 
education, limited economic opportunities, and their relative 
isolation. The Government took measures to end societal discrimination 
against the San, including seeking their advice about proposed 
legislation on communal lands and increasing their access to education. 
Indigenous lands were effectively demarcated, but poorly managed. 
During the year the deputy prime minister continued promoting special 
projects for the advancement of the San community. Despite these 
measures, many San children did not attend school.
    The Government has authority to confer recognition or withhold it 
from traditional leaders, even in opposition to local preference. This 
authority was controversial because of local leaders' influence on 
local issues, including local police powers. In some cases the 
Government allegedly withheld recognition from traditional leaders for 
political reasons.
    For example, Katjamba Tjambiru, a female chief of the Ovahimba 
community, in February alleged that the Government rejected her 
application for official recognition as a traditional authority because 
she did not support the ruling party. The Government subsequently 
recognized her nephew Vemuii Tjambiru, a SWAPO supporter.

    Other Societal Abuses and Discrimination.--The law does not 
prohibit homosexuality; however, sodomy between males is illegal, and 
the practice of homosexuality was frowned upon, according to The 
Rainbow Project, a group that lobbies for the rights of sexual 
minorities. There were no reported cases of discrimination against 
homosexuals during the year.
    There were no reports of discrimination against workers because of 
their HIV/AIDS status, although high-level officials conceded that 
societal discrimination against and stigmatization of persons living 
with HIV/AIDS was a problem. The Government supported the work of the 
Namibia Business Coalition against HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides for the 
right to form and join trade unions without previous authorization or 
excessive requirements, and most workers exercised this right in 
practice; however, workers in essential services are prohibited from 
doing so. Approximately 25 percent of employed persons belonged to some 
form of union or employers organization, while almost 4 percent of 
unemployed persons belonged to such an organization, according to the 
2004 Labor Force Survey.
    The labor code provides for the protection of all workers, but farm 
workers and domestic servants working on rural and remote farms often 
did not know their rights, and unions experienced obstacles in 
attempting to organize these workers. As a result, some farm workers 
reportedly suffered abuse by employers. Some also had poor access to 
health care. During the year the Government continued efforts to train 
labor inspectors and educate workers on their rights.
    Except for workers in public health, safety, and other essential 
services, workers have the right to strike once conciliation procedures 
are exhausted and 48-hour notice has been given to the employer and 
labor commissioner. 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. The law also 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.
    In May a private security firm at the Skorpion Zinc mine used 
rubber bullets to disperse 50 workers, who were protesting a lockout at 
the mine. The manager of the security firm, who was charged with 
assault and released on bail, had not been brought to trial by year's 
end.

    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 are members of that union; 
workers exercised these rights in practice. Collective bargaining was 
not practiced widely outside the mining, construction, agriculture, and 
public service sectors. 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. The majority of trade 
unions officially were affiliated with SWAPO, which many argued limited 
their independence in promoting worker rights.
    In 2007 the Government passed a new Labor Act, which entered into 
force November 1. Among other provisions, the act provides for 
arbitration and conciliation to resolve labor disputes more quickly.
    The law prohibits antiunion discrimination. There were no instances 
of companies failing to reinstate workers who were fired for legal 
union activities.
    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.--Although the law 
prohibits forced or compulsory labor, including by children, there 
continued to be media reports that farm workers, including some 
children on communal 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 communal and family-owned commercial 
farms to investigate possible labor code violations.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace; 
however, child labor continued to be a problem. The 2007 Labor Act 
provides that persons found guilty of employing children can face a 
maximum fine of 20,000 Namibian dollars ($2,056) and/or up to four 
years' imprisonment. Criminal penalties and court orders were available 
to the Government to enforce child labor laws, but such action involved 
a complicated legal procedure. Under the law, the minimum age for 
employment is 14, with higher age requirements for night work and in 
certain sectors such as mining and construction. The minimum age was 
inconsistent with the age for completing education requirements. 
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 or assisted parents working in the charcoal industry.
    During the year the Ministry of Labor and Social Welfare, which is 
responsible for enforcing child labor laws, investigated three child 
labor cases and sentenced the offending employers under the more 
lenient legislation in effect prior to the 2007 Labor Act. In the first 
case, the employer of a 10-year-old boy who was paralyzed and 
ultimately died as a result of an injury incurred performing farm work 
was given a ``compliance order,'' a directive from the minister to 
comply with the law or face sanctions. In the second case, the 
employers of several Angolan cattle herders between 10 and 13 years of 
age also were given compliance orders; however, the case was scheduled 
to be reopened under the 2007 Act. In the third case, in the Caprivi 
region, the organizer of a child labor ring was given a compliance 
order; the three Zambian children involved in the ring were 
repatriated.
    The Ministry of Labor's National Initiative to Eliminate the Worst 
Forms of Child Labor concluded its baseline study of the extent of 
child labor in the country, and made recommendations to eliminate the 
practice. In April the Government and other interested parties 
developed an action plan to eliminate child labor, which was most 
prevalent in agriculture, charcoal production, and domestic service. 
The Ministry of Gender Equality and Child Welfare conducted several 
programs aimed at encouraging parents and guardians to allow children 
to attend school.
    According to an ILO report which cites a 1999 child labor survey, 
16 percent (or roughly 72,500) of Namibian children between six and 18 
years of age worked for profit, pay, or family gain; children in rural 
areas were ten times more likely to be employed than urban children. 
The report also noted that girls often were forced into domestic work 
and prostitution, while boys engaged in child labor usually worked on 
farms or in construction, charcoal production, or prostitution.
    The Government has introduced several programs aimed at supporting 
children to stay in school and away from the labor market. The Ministry 
of Gender Equality and Child Welfare and the Ministry of Health and 
Social Services coordinated welfare programs for orphans, including 
those affected by HIV/AIDS, by providing grants and scholarships to 
keep them in school. Additionally, the Government collaborated with the 
Namibia Agricultural Union and the Namibia Farm Workers Union to 
eliminate child labor through awareness campaigns. The Government also 
continued to work with NGOs such as Project Hope to assist the victims 
of child labor.

    e. Acceptable Conditions of Work.--There was no statutory minimum 
wage law, but the mining, construction, security, and agricultural 
sectors set basic levels of pay through collective bargaining. Average 
wages for unskilled workers did not provide a decent standard of living 
for a worker and family, especially since the average wage earner 
supported an extended family. Wage levels for the less educated 
majority remained very low.
    The standard legal workweek is 45 hours with at least one 36-hour 
rest period per week. An employer may require no more than 10 hours per 
week of overtime, and the law requires premium pay for overtime work. 
The law mandates 24 workdays of annual leave per year, at least 36 
workdays of sick leave over a three-year period, and three months of 
maternity leave paid by the employer and the Social Security 
Commission. The Ministry of Labor did not always enforce these 
provisions.
    There continued to be concerns that Chinese firms failed to adhere 
to the labor code, in part by allegedly hiring and firing workers at 
will, failing to pay established minimum wages and benefits in certain 
industries, and failing to respect work-hour regulations for public 
holidays and Sundays.
    The Ministry of Labor and Social Welfare 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, but the Ministry of 
Labor lacked an adequate number of trained inspectors to monitor 
adherence, especially in 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.

                               __________

                                 NIGER

    Niger is a multiparty republic that restored its multiparty system 
in 1999 following coups in 1996 and 1999; it has a population estimated 
at 14.8 million. In 2004 voters elected Mamadou Tandja to a second 
five-year presidential term in an election that international observers 
deemed generally free and fair. Four parties joined the ruling 
coalition of the National Movement for the Development of Society 
(MNSD) and the Democratic and Social Convention (CDS) to win a majority 
of national assembly seats. In February 2007 the Tuareg rebel group 
Niger Movement for Justice (MNJ) launched a series of attacks against 
military and strategic installations in the north. The frequency and 
intensity of attacks diminished at the end of 2008, but the Government 
did not lift the state of alert declared in August 2007. 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.
    Government respect for human rights did not improve from the 
previous year. Human rights abuses included extrajudicial killings and 
use of excessive force by security forces; poor jail and prison 
conditions; arbitrary arrest and detention; prolonged pretrial 
detention; executive interference in the judiciary; excessive use of 
force and other abuses in internal conflict; restrictions on press 
freedom; forcible dispersal of demonstrators; restrictions on freedom 
of movement; official corruption; societal discrimination and violence 
against women; female genital mutilation (FGM); trafficking in persons; 
the practice of slavery by some groups; and child labor. Official 
impunity was a problem.
    The MNJ committed arbitrary killings and other abuses.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces were responsible for the deaths of civilians in 
connection with the conflict in the north. (See Section 1.g.)
    There were developments in the 2004 killing of local political 
leader Adam Amangue. On July 14, the Court of Appeals sentenced former 
minister and Tuareg political figure Rhissa Ag Boula to death in 
absentia for ordering the killing. Of the four individuals who remained 
in prison on charges related to the killing, the court dismissed 
charges against one and sentenced three to 20 years' imprisonment and 
fined them a total of 20 million CFA (approximately $40,000) in 
damages.
    There were no developments in the 2006 deaths of Alpha Harouna 
Hinsa and Moussa Douka, both of whom died after being taken into police 
custody.
    Bandits continued to set up roadblocks along highways to attack, 
rob, and kill persons. For example, on March 12, armed bandits attacked 
a vehicle transporting goods between Agadez and Arlit, killing one 
person.
    There were no further developments in the 2006 attack on a 
cigarette convoy in the northern region.
    Disputes between herders and farmers over land rights and grazing 
areas continued and resulted in several deaths. There were no further 
developments regarding the January 2007 dispute in Zinder Region that 
resulted in four deaths, or the July 2007 clash that left seven dead 
and seven injured in Tillabery Region. On February 8, in the town of 
Konni, south-central Niger, a clash between herders and private 
vigilante groups resulted in the death of one person.
    On September 25, 12 villagers died as a result of community clashes 
over livestock theft in Chiwilli, Tillabery Region. Regional and local 
authorities visited the village to restore peace. The case was under 
investigation at year's end.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, on December 14, the UN Secretary General's 
Special Envoy for Niger, former Canadian Ambassador Robert Fowler, and 
his Special Assistant Louis Guay and their driver, disappeared. 
Security officials recovered their vehicle and personal effects. While 
government and security officials continued investigations, the victims 
remained missing at year's end.
    There were reports also of disappearances during the year in 
connection with the conflict in the north. (See Section 1.g.)

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that security forces and the MNJ beat and reportedly 
tortured civilians in connection with the conflict in the north. 
Fighting between government and rebel forces in the north resulted in 
civilian injuries. (See Section 1.g.)
    Police forcibly dispersed demonstrations, which resulted in 
injuries.
    Disputes between farmers and herders resulted in deaths and 
injuries.

    Prison and Detention Center Conditions.--Prison conditions were 
poor and life threatening. Prisons were underfunded, understaffed, and 
overcrowded. For example, in Niamey's civil prison there were 718 
prisoners in a facility built for 350. Family visits were allowed, and 
prisoners could receive supplemental food, medicine, and other 
necessities from their families; however, nutrition, sanitation, and 
health conditions were poor, and deaths occurred from AIDS, 
tuberculosis, and malaria.
    Corruption among prison staff continued. Officials demanded bribes 
to let prisoners leave prison for the day and serve their sentences in 
the evenings or serve their sentences in the national hospital in 
Niamey.
    Pretrial detainees were held with convicted prisoners.
    Human rights observers, including the International Committee of 
the Red Cross (ICRC), the National Human Rights and Fundamental 
Liberties Commission, the Collective of Human Rights and Democracy 
Association, and media representatives were granted unrestricted access 
to prisons and detention centers and conducted visits during the year. 
ICRC visits were in accordance with its standard modalities.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the law prohibits 
detention without charge in excess of 48 hours; however, police 
violated these provisions.
    The state of alert in the north allowed security forces to arrest 
and detain individuals without charge indefinitely. (See Section 1.g.)

    Role of the Police and Security Apparatus.--The armed forces, under 
the Defense Ministry, are responsible for internal and external 
security. The gendarmerie, also under the Defense Ministry, has primary 
responsibility for rural security. The national forces for intervention 
and security, under the Interior Ministry, are responsible for domestic 
security and the protection of high-level officials and government 
buildings. The national police, also under the Interior Ministry, are 
charged with urban law enforcement.
    The police were ineffective, largely due to a lack of basic 
supplies such as vehicle fuel, radios, uniforms, handcuffs, batons, and 
badges. 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. Citizens 
complained that security forces did not adequately police border 
regions and remote rural areas. Corruption remained an ongoing problem. 
The gendarmerie is responsible for investigation of police abuse; 
however, impunity was a widespread problem.

    Arrest and Detention.--The constitution and law require a warrant 
for an arrest, and this generally was observed in practice in areas 
outside the north. Judges and prosecutors weigh evidence and issue 
warrants accordingly. Persons are brought before an independent 
judiciary. However, there were reports that several persons were 
detained arbitrarily under the state of alert. The law allows 
individuals to be detained initially for up to 48 hours without charge, 
and allows an additional 48 hour detention period if police need more 
time to gather evidence. Detainees have a right to prompt judicial 
determination, and this generally occurred in practice. Security forces 
usually informed detainees of the charges against them promptly; 
however, detainees involved with sensitive cases were sometimes held 
longer than legally permitted. There is a functioning bail system for 
crimes carrying a penalty of fewer than 10 years' imprisonment. Those 
arrested must be notified of their right to a lawyer within 24 hours. 
Indigents are provided a lawyer by the Government. Widespread ignorance 
of the law and lack of financial means prevented many from fully 
exercising their right to an attorney and using the bail system.
    Security forces arrested journalists during the year.
    Police occasionally conducted sweeps to detain suspected criminals.
    There were serious backlogs in the judicial system. The law 
provides for a maximum pretrial confinement of 30 months for serious 
crimes and 12 months for minor offenses, with special extensions in 
certain sensitive cases; however, some persons waited as long as six 
years to be tried. At year's end, 70 percent of the prisoners in 
Niamey's civil prison were awaiting trial. Trial delays occurred due to 
factors such as lengthy legal procedures, inadequate resources, staff 
shortages, and corruption.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the executive branch sometimes 
interfered with the judicial process. Corruption and inefficiency were 
problems. Judges sometimes feared reassignment or having their 
financial benefits reduced if they rendered a decision unfavorable to 
the Government. In civil matters there were reports that family and 
business ties influenced lower court decisions. In some instances 
judges granted provisional release pending trial to high-profile 
defendants. These defendants were seldom called back for trial, and had 
complete freedom of movement and could leave the country.
    The Court of Appeals reviews questions of fact and law, while the 
Supreme Court reviews application of the law and constitutional 
questions. The High Court of Justice (HCJ) deals with cases involving 
senior government officials. The justice system also includes civil 
criminal courts, customary courts, traditional mediation, and a 
military court. The military court provides the same rights as civil 
criminal courts; however, customary courts do not. The military court 
cannot try civilians.
    Under customary courts and traditional mediation, individuals do 
not have the same legal protections as those using the formal court 
systems. Traditional chiefs can act as mediators and counselors. They 
have authority to arbitrate in many customary law matters, including 
marriage, inheritance, land, and community disputes, but not in all 
civil issues. Chiefs received government stipends, but had no police or 
judicial powers.
    Customary courts, based largely on Islamic law and local tradition, 
are located only in large towns and cities and try civil law cases. A 
legal practitioner with basic legal training, advised by an assessor 
knowledgeable in the society's traditions, heads these courts. The 
judicial actions of chiefs and customary courts are not regulated by 
formal law, and defendants can appeal a verdict in the formal court 
system.

    Trial Procedures.--The law affirms the presumption of innocence. 
Trials were public, and juries are used. Defendants have the right to 
counsel, including counsel at public expense for minors and indigent 
defendants charged with crimes carrying a sentence of 10 years or more. 
Those arrested must be notified of their right to a lawyer within 24 
hours of detention. Indigents are provided a lawyer by the Government. 
Defendants also have the right to be present at trial, to confront 
witnesses, and to present witnesses on their own behalf. The Government 
has a legal obligation to inform defendants of all evidence against 
them, and defendants have access to government-held evidence. 
Defendants may appeal verdicts, first to the court of appeals and then 
to the Supreme Court. Widespread ignorance of the law prevented many 
accused from taking full advantage of these rights.
    Although lawyers complied with government requests to provide 
counsel, the Government generally did not remunerate them.
    Women do not have equal legal status with men in customary courts 
and traditional mediation, and do not enjoy the same access to legal 
redress.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Courts of civil procedure 
exist in each major city. These courts are generally independent and 
impartial, and there is access to seek damages for human rights 
violations. These courts hear lawsuits related to civil matters and can 
apply judicial remedies, while a single appellate entity is responsible 
for administrative remedies.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law generally prohibit such 
actions, and the Government generally respected these prohibitions; 
however, police may conduct searches without warrants when they have 
strong suspicion that a house shelters criminals or stolen property.
    On January 16, police searched the house of Kambeidou Salamatou 
Coulibaly, a member of a predominantly Tuareg political party, without 
a warrant. The police stated the search was part of an investigation 
following a landmine explosion in Niamey the week before.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
In February 2007 the MNJ began a series of attacks against military and 
strategic installations in the country's uranium-rich northern region. 
The MNJ demanded greater regional autonomy and a larger share of the 
region's resources and claimed the Government had not honored 
provisions of the 1995 peace accord that ended a five-year Tuareg 
rebellion. The Government stated it had fulfilled most of the peace 
accord provisions. In response to the attacks, the Government sent at 
least 4,000 troops to the region, where they continued to operate at 
year's end under special powers the president granted under the state 
of alert declared in August 2007. The state of alert allowed the 
Government to arrest and detain persons without charge indefinitely, 
restrict freedom of movement, and ban live broadcasts about the 
Government's policy in the north.

    Killings.--Fighting between government and rebel forces resulted in 
the deaths of dozens of civilians during the year. For example, on 
January 21, one civilian died during an MNJ attack in Tanout.
    Soldiers killed suspected informants and rebel collaborators. There 
were reports that the army killed at least eight civilians in the north 
between March 19 and March 26.
    The Government's investigation into the army's December 2007 
killing of six civilians and an off-duty police officer near Tiguidit 
was ongoing at year's end. The victims' families also lodged a 
complaint and the case was pending before the Tribunal of Niamey at 
years' end. The Ministry of National Defense had referred the results 
of its collection of evidence and information to the Ministry of 
Justice for legal analysis and investigation by year's end.
    During the year landmines killed dozens and wounded about 120, 
including civilians, according to the Government and international 
monitors. The Government and the MNJ accused each other of laying the 
landmines.
    For example, on January 8, a landmine exploded and killed one 
civilian in Niamey; on August 24, a landmine accidentally killed one 
civilian and injured several persons during an arms lay down ceremony 
in Goure, Zinder; and on August 29, a landmine accidentally exploded 
and killed the occupants of a vehicle transporting a stockpile of 
weapons found abandoned near the border with Chad.

    Abductions.--On April 3, international human rights organization 
Amnesty International urged the Government to order the security forces 
to stop extrajudicial executions and forced disappearances of civilians 
in the north.
    Local human rights organizations and media published a list of at 
least 50 individuals held in detention centers in various localities 
from 2007 to year's end. However, the Government had not released the 
names of many of those held or the charges against them in these 
conflict-related cases.
    For example, in January police arrested two army corporals, two 
former military officers, and one taxi driver in Niamey, reportedly for 
attempting to join the MNJ. On April 3, the gendarmerie arrested 
Abdoulaye Amadou, Director General of Public Security, suspected of 
collaborating with the MNJ; it released him on June 11 and officials 
removed him from office. On April 7, security forces arrested Colonel 
Soumana Gouro, a military attache, for allegedly making public comments 
``tarnishing his country's image,'' and released him a month later. On 
April 30, local authorities in Agadez arrested Catherine Dubois, a 
French citizen and head of local non-governmental organization (NGO) 
Nomad's Land, on charges of conspiracy against state security for 
alleged links with the MNJ. The Court of Appeals of Zinder granted her 
provisional release on August 8, which allowed her to return to her 
country. On May 14, the gendarmerie temporarily detained human rights 
activist Corinne Lee Dufka.
    In June the army released Aziz Amayagy, the international NGO 
Africare employee it had detained in August 2007 in Agadez.
    There were several cases of abduction by MNJ forces. On January 21, 
the MNJ kidnapped the prefet (prefect) of Tanout during a raid; they 
released him to the ICRC with 24 other hostages on March 9. On January 
25, the MNJ abducted four civilians at Titirtagatt, in the District of 
Arlit, but released them shortly thereafter. On May 15, the MNJ 
abducted the vice president of the Government's National Commission for 
Human Rights and Fundamental Liberties and his nephew in Tanout, Zinder 
Region; on May 24, the MNJ released them to the custody of the ICRC. On 
June 22, the MNJ kidnapped three French citizens; they turned them over 
to the ICRC on June 27.

    Physical Abuse, Punishment, and Torture.--There were reports of 
torture by both government soldiers and the MNJ.
    There were reports that the army arrested several civilians, and 
beat and detained them in military barracks before turning some over to 
law enforcement officials. Security forces held some individuals 
incommunicado.
    Alleged MNJ rebels stopped transport vehicles, beat passengers, and 
stole their valuables.

    Child Soldiers.--Unlike the previous year, there were no reports of 
children being used in conflicts.

    Other Conflict-Related Abuses.--Reports indicated that 
approximately 23,000 persons living north of the city of Agadez 
remained inaccessible due to the conflict. The 23,000 represent the 
estimated rural population (not only internally displaced persons) in 
the conflict zone. According to the UN Office for the Coordination of 
Humanitarian Affairs (OCHA), more than 10,000 persons were displaced. 
Humanitarian organizations had difficulties providing assistance to the 
north due to landmines and a lack of security. Food shortages and 
fighting between MNJ and government troops displaced civilians from 
late 2007 through the early months of the year. About 4,500 persons 
from Iferouane left in late 2007, and the mayor's office was 
transferred to Arlit. The Iferouane mayor stated in February that 
Iferouane schools were also shutting down. UN agencies reported that 
thousands of students pulled out of school during the year and that 
there were an estimated 700 displaced children under six years old in 
the communes of Tchirozerine, Arlit, and Agadez. Residents of several 
other towns north of Agadez were also displaced.
Section 2. Respect for Civil Liberties, Including:
    Freedom of Speech and Press.--The constitution provides for freedom 
of expression; however, the Government did not respect press freedom in 
practice, particularly in relation to the conflict in the north. 
Journalists practiced self-censorship. The state of alert in the north 
restricted journalists' travel and their reporting on the conflict. 
(See Section 1.g.)
    Individuals generally could criticize the Government publicly or 
privately without reprisal; however, the Government attempted to impede 
criticism.
    The Government published a daily newspaper. There were 
approximately 45 private newspapers, some of which were affiliated 
loosely with political parties. The private press criticized government 
actions.
    Radio was the most widely accessible medium. A government-owned 
radio station provided news and other programs in French and local 
languages. There were 15 private radio stations; eight were locally-
owned and featured news in local languages. Private radio stations were 
generally less critical of the Government than private newspapers.
    The two government-owned television stations broadcast in French 
and the major national languages. Three private television stations 
broadcast local and foreign programming, and also began a daily 
newscast. A fourth private channel broadcast religious programming. 
International channels were available in Niamey.
    International media were not allowed to operate freely. The 
Government did not allow them to cover events freely in the north. (See 
Section 1.g.) BBC World Service was available in Niamey and Zinder. 
Private radio stations carried Voice of America and Deutsche Welle.
    Security forces arrested and detained journalists during the year, 
mostly in relation to reporting on the conflict in the north. Security 
forces also arrested journalists under libel laws for reporting on 
other subjects.
    The Government suspended or closed several private media outlets 
during the year. One radio station-Sahara FM-remained closed at year's 
end. Government officials continued to use criminal libel laws and the 
media regulatory body to intimidate critics.
    On February 5, the Tribunal of Niamey sentenced Idrissa Soumana 
Maiga, director of private newspaper L'Enqueteur, and his editor, 
Ibrahim Souley, to one month's imprisonment and a fine of 40,000 CFA 
($80) each, following the Minister of Finance's complaint of 
defamation. The charges resulted from the publication in November 2007 
of an article accusing the minister of corruption and cronyism. The 
state prosecutor appealed; the two journalists remained free pending 
the decision of the Court of Appeals.
    On February 26, officials sentenced Aboubacar Gourouza, director of 
publication for private weekly L'Eveil Plus, to a one-month prison term 
for ``discrediting Niger's justice system.'' The charges resulted from 
his publication of an article critical of the provisional release of a 
Nigerien municipal official, previously arrested for corruption. 
Officials released Gourouza on March 27.
    On March 12, the High Council of Communication (CSC) suspended 
broadcasts by Radio France International (RFI) FM in Niger for three 
months in reaction to a day-long program in support of jailed RFI 
affiliate director Moussa Kaka, which was broadcast on March 10. 
According to the CSC, RFI ``discredited national institutions'' and 
refused to allow Nigerien authorities to comment on air during the 
program.
    On April 22, the CSC ordered the closure of Sahara FM, a private 
radio station in Agadez, for an indefinite period for broadcasting 
interviews with alleged victims of abuse by government troops. The 
station remained closed at year's end.
    On June 28, the CSC warned privately-owned TV/radio outlet Dounia, 
demanded that it self-censor its reporting, and threatened to revoke 
its license if it broadcast footage or announcements that could 
``provoke instability.'' The CSC action resulted from Dounia's coverage 
of police suppression of protests in support of jailed ex-prime 
minister Hama Amadou. Dounia announced on air that it had received this 
letter, which led other media outlets, civil society associations, and 
NGOs to complain about government interference and intimidation of the 
media. The CSC sent a separate letter to each of the country's 
television and radio stations, warning them of possible legal sanctions 
for similar reporting. On August 19, the CSC ordered Dounia to suspend 
its broadcasts for one month for ``failure to respect the terms of 
reference.'' The order did not elaborate on the event which triggered 
the suspension, and CSC leadership refused to provide further 
information in response to inquiries by Dounia's management. Dounia 
resumed radio and television broadcasts on September 18.
    On June 30, the Ministry of Communication closed Niger's Maison de 
la Presse, a professional media center located on the ministry compound 
in Niamey. According to a press release from the minister of 
communication, the Maison de la Presse had become ``hostage to some 
interest groups with hidden goals.'' The members of the Maison de la 
Presse condemned the closure of the media center and, on September 27, 
opened a new media center in a privately owned location.
    On July 30, police arrested Moussa Aksar, the director of 
publication of private newspaper L'Evenement. Officials accused Aksar 
of ``propagation of false news'' for reporting on the police discovery 
of arms in Niamey. The report tied ownership of the weapons cache to a 
Nigerien army officer. On August 1, authorities released Aksar from 
jail after charging him with ``divulging a defense secret.'' On 
November 11, security forces again arrested Aksar and his assistant 
Sani Aboubacar following a complaint by Ibrahim Foukori, director of 
power company NIGELEC, regarding an article that was critical of 
Foukori. Authorities released the two journalists on November 19 
following a court ruling that sentenced them to three months' suspended 
prison sentence. The two journalists appealed the decision. No trial 
date was set by year's end.
    On August 26, Abdoulaye Tiemogo, managing editor of Le Canard 
Dechaine, a privately owned Niamey-based newspaper, fled to Mali, 
alleging his life was in danger for publishing accounts critical of the 
president. Tiemogo claimed that police mounted a search in Niamey to 
arrest him and that an anonymous group had threatened to kill him. He 
remained outside the country at year's end.
    On September 4, the minister of communications threatened to 
dissolve all professional media organizations in the country after 
several fruitless attempts to force journalists to amend Maison de la 
Presse by-laws to include representatives from the Government and the 
CSC. The Minister did not carry out the threat.
    On October 29, security forces arrested journalist and director of 
independent weekly Opinions, Alzouma Zakari, after a complaint filed by 
Minister of the Interior Albade Abouba in reaction to a recently 
published article. On November 11, the court sentenced him to three 
months' imprisonment and fined him 100,000 CFA (approximately $200); 
his sentence was suspended and he was released.
    On February 12, the Niamey Court of Appeals reversed a lower court 
ruling barring consideration of alleged wiretap evidence against 
journalist Moussa Kaka, in jail since September 2007; the court 
reassigned his case to another judge. Kaka continued to be held through 
a series of appeals by the state prosecutor that contested official 
decisions to grant Kaka provisional release and dismiss the charges 
against him. On September 16, state prosecutors requested that the 
court revise the charges against Kaka from conspiracy against national 
security to acts aiming to undermine national defense. On October 7, 
the court affirmed the new charges against Kaka but granted him 
immediate, provisional release pending trial. While the Government 
contended that the case was not related to his work as a journalist, 
the case has received worldwide attention-especially from international 
media watchdogs-as a press freedom issue.
    On February 6, the Court of Appeals of Zinder granted provisional 
release to Air Info newspaper director Ibrahim Manzo Diallo, arrested 
in October 2007. The court had not set a trial date at year's end.
    On January 18, the Tribunal of Niamey granted provisional release 
to two French journalists arrested in December 2007 on bail of 10 
million CFA (approximately $20,000) each, but had not set a trial date 
by year's end.
    In August 2007 the Government banned all live private broadcasts of 
debates on the conflict in the north. This ban continued at year's end. 
Rebroadcast of taped debates was permitted, implying that broadcasters 
should edit out unfavorable or controversial commentary. In practice 
the media widely ignored the order. During the year the Government 
continued to call on journalists to self-censor their reporting in the 
interest of ``national unity'' and patriotism.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, few citizens used the Internet, due to lack of infrastructure.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, police forcibly dispersed demonstrators. The Government 
retained authority to prohibit gatherings under tense social conditions 
or if 48-hour advance notice was not provided.
    On June 26, police used tear gas to disperse a crowd of supporters 
that attempted to prevent a police convoy from transporting former 
prime minister and MNSD ruling party leader Hama Amadou following a HCJ 
investigative commission's decision to put him under preventive 
detention. Nine persons suffered minor injuries. On October 25, local 
authorities banned a meeting and protest planned by MNSD supporters to 
demand Hama's release.
    On December 30, the mayor of Zinder banned a protest aimed at 
responding peacefully to various authorized demonstrations calling for 
an extension of the incumbent president's term. The mayor stated that 
protest organizers did not comply with the advance notice requirement. 
They promptly submitted another request within the legal time frame, 
but the mayor again banned the protest citing public order concerns. 
There were no further developments in this case.
    On January 23, the tribunal of Niamey granted provisional release 
to University of Niamey Nigerien Students Union leaders Ibrahim Diori 
and Hama Hamadou, who had been arrested in March 2007.

    Freedom of Association.--The law provides for freedom of 
association; however, citizens may not form political parties based on 
ethnicity, religion, or region.
    During the year the Government ordered various NGOs and 
associations to suspend their activities. (See Section 4.)
    On January 30, the governor of Zinder Region, citing current 
security concerns, banned all regional and ethnic associations. Civil 
society representatives saw the decision as a violation of the 
constitution and said they would challenge it in court. At year's end 
there were no reports that Zinder authorities had enforced this 
decision or that civil society groups had taken legal action against 
it.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    Islam was the dominant religion, and the Islamic Association, which 
acted as an official advisory committee to the Government on religious 
matters, broadcast biweekly on the Government- controlled television 
station. Government-controlled media broadcast Christian programs only 
on special occasions, such as Christmas and Easter, although the 
independent media regularly broadcast such programs.
    Religious organizations must register with the Interior Ministry. 
Registration is a formality, and there was no evidence that the 
Government favored one religious group over another or that it ever had 
refused to register a religious organization. Approval is based on 
submission of required legal documents and the vetting of organization 
leaders.
    The Government monitors religious expression it views as 
potentially threatening to public order or national unity.

    Societal Abuses and Discrimination.--There were no reports of 
violence, harassment, or discrimination against members of religious 
groups during the year.
    There was no significant Jewish community, and there were no 
reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation; 
however, the Government continued to restrict freedom of movement in 
the north. (See Section 1.g.)
    Throughout the country security forces at checkpoints monitored the 
movement of persons and goods, particularly near major population 
centers. Security forces sometimes demanded bribes. Transportation 
unions and civil society groups continued to criticize such practices. 
During the year bandits set up roadblocks along highways and robbed and 
killed travelers.
    The law prohibits forced exile, and there were no reports that the 
Government used it. However, on August 26, journalist Abdoulaye Tiemogo 
fled into self-imposed exile alleging his life was in danger. (See 
Section 2.a.)

    Internally Displaced Persons (IDPs).--The conflict in the north 
displaced many persons. (See Section 1.g.)
    The Government and humanitarian organizations provided food for 
IDPs. In March the World Food Program (WFP) sent more than 550 metric 
tons of food to the northern communes. The WFP expected to deliver an 
additional 992 tons of foodstuffs intended for 53,000 persons. Agadez 
authorities stated they allowed many displaced parents from Iferouane 
and Tchintelous who settled in Agadez or Arlit to register their 
children in public schools. Authorities assigned teachers to the 
schools and supplied those that had canteens.

    Protection of Refugees.--The law does not provide for granting 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to 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 did not routinely grant refugee 
status or asylum but provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened. The Government also provided temporary protection to 
approximately 342 individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol and during the year. The 
Government cooperated with the Office of the UN 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 and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic and generally free and fair elections held on the 
basis of universal suffrage.

    Elections and Political Participation.--In 2004 voters elected 
Mamadou Tandja to his second five-year presidential term with 65 
percent of the vote in an election that international observers 
described as generally free and fair, despite some irregularities on 
election day. Irregularities included difficulties in voter card 
distribution, ballots and other electoral materials lost or damaged 
during transportation to polling places, late opening of polling 
stations, ``proxy ballots'' and ``witnessed votes,'' lack of security 
guards in rural polling stations, and other issues. 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-Democratic Party of Niger backed Tandja and, 
in legislative elections held at the same time, won 88 of the 113 seats 
in the National Assembly. The opposition Nigerien Party for Democracy 
and Socialism won 25 seats. Tandja reappointed MNSD party president 
Hama Amadou as prime minister. In May 2007 a National Assembly vote of 
no confidence related to allegations of his involvement in a corruption 
scandal forced Prime Minister Hama Amadou and his cabinet to resign. 
The president appointed Seini Oumarou prime minister, who formed a new 
cabinet.
    Political parties operated without restriction or outside 
interference. Individuals and political parties could freely declare 
candidacies and stand for election.
    The societal practice of husbands voting their wives' proxy ballots 
diminished considerably and female voter turnout substantially 
increased during the local, legislative, and presidential elections 
held in 2004.
    There were 14 women in the 113-member National Assembly and eight 
female ministers in the 31-member cabinet; six of the country's 20 
ambassadors were women. The law mandates that women fill 25 percent of 
senior government positions and fill 10 percent of elected seats; women 
held at least 10 percent of the 3,747 local council positions.
    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, reported to be 
half Fulani and half Kanouri, is the country's first president who is 
not from either the Hausa or Zarma ethnic groups, which make up 56 
percent and 22 percent, respectively, of the population.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. The World Bank's Worldwide Governance 
Indicators reflected that corruption was a severe problem. The 
Government publicly acknowledged that corruption was a problem.
    Civil servants sometimes demanded bribes to circumvent bureaucratic 
obstacles. Corruption was compounded by a poorly financed and trained 
law enforcement system and weak administrative controls. Other 
underlying causes were poverty; low salaries; the politicization of the 
public service; the influence of traditional kinship, ethnic, and 
family ties on decision making; a culture of impunity; and a lack of 
civic education.
    Nevertheless, during the year continued pressure from foreign 
donors, civil society organizations, and many citizens led to some 
progress in the fight against corruption. On January 17, the Government 
established an intersectoral committee on corruption charged with 
``examining and approving general and annual action plans for actions 
to be carried out in line with support for the fight against 
corruption.'' During the installation ceremony the minister of justice 
emphasized that the president had given firm instructions to the 
Ministry of Justice to fight ``without mercy'' any diversion of public 
funds, and that persons involved in corruption of any degree would be 
punished. On various occasions during the year the president reiterated 
that the ``clean hands operation'' (crackdown on corruption) would 
continue.
    Law enforcement officials received more resources to carry out 
their jobs. Officials in the justice system showed more diligence in 
investigating, prosecuting, and punishing high-profile corruption 
cases. The HCJ resumed the investigation of the Ministry of Education 
and Literacy (MEBA) corruption case. The Government requested a 
National Assembly session to waive the immunity of three 
parliamentarians to appear in court in connection with the MEBA case. 
The national commission to develop strategies to combat corruption 
submitted its report and the Government was drafting legislation at 
year's end to establish a national agency for the fight against 
corruption.
    In March security forces in Zinder detained all three district 
mayors of the city of Maradi for purported involvement in corruption. 
On April 9, the Court of Appeals of Zinder granted them provisional 
release after they paid sums equal to the funds they were accused of 
having misappropriated. A date for their trial was not set at year's 
end.
    On April 29, security forces detained in the Tillabery prison the 
mayors of Falmey, Ngonga, and Dosso-communities in Tillabery Region-on 
mismanagement and corruption charges. On June 3, officials granted them 
provisional release after three months' imprisonment. A date for their 
trial was not set by year's end.
    In May the minister of interior by letter and the president in a 
speech said all mayors who are facing corruption charges should be 
suspended.
    On May 21, security forces arrested and detained in the Niamey 
prison the mayors of Sokorbe and Loga in Dosso Region on charges of 
embezzlement. No date was set for their trial by year's end.
    On June 11, officials suspended the mayor of Niamey Commune II, 
Seyni Mounkaila, for embezzlement of 125 million CFA (approximately 
$250,000). The case was under investigation at year's end.
    On June 24, the National Assembly passed a resolution requesting 
that the HCJ indict former prime minister Hama Amadou on charges that 
he misused funds meant to support the private press. On June 26, the 
HCJ ordered his detention at the maximum security Koutoukale prison. He 
remained in prison while investigations continued at year's end.
    On November 5, the Supreme Court indicted and ordered the arrest of 
former justice minister Maty Elhadji Moussa on charges of illicit 
enrichment and fraud. At year's end Moussa was under preventive 
detention at Kollo prison pending further investigation and trial.
    There were no further developments in the corruption case involving 
the president of the Niamey City Council, Aboubacar Seydou Ganda, and 
five of his senior staff members arrested in November 2007. In December 
the Niamey District Court granted Ganda provisional release to seek 
medical attention outside Niger. The 12 businessmen involved in this 
case remained in prison at year's end.
    On February 18, security forces rearrested and incarcerated Idi 
Malle, president of the Maradi City Council, in the Maradi prison. In 
December 2007 security forces had arrested and detained him for misuse 
of public funds. Officials released him on bail a week later after he 
paid back 40 million CFA (approximately $80,000).
    There were no further developments in the MEBA corruption case 
reopened in December 2007 and subsequently postponed.
    There were no further developments in the 2006 case of three school 
principals and two teachers charged with committing fraud in connection 
with school exams.
    The National Commission on Corruption's ability to investigate 
corruption remained limited. It was an interim commission tasked to 
study the magnitude of corruption and to determine strategies to combat 
it. The commission also did not have adequate resources to carry out 
its work fully.
    Articles 40 and 63 of the constitution require the president and 
cabinet members to submit written statements of their personal property 
and assets before the Constitutional Court upon assuming office. These 
statements are subject to annual updates and at the end of their term. 
Initial statements and updates are published in the National Register 
and via the press. A copy of the statements is forwarded to fiscal 
services. Any discrepancy between the initial and the updated 
statements must be justified. The Constitutional Court has authority to 
assess such matters.
    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. The Government granted access to 
government information to both citizens and noncitizens, including 
foreign media.
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, during the 
year, the Government ordered three humanitarian NGOs to suspend their 
activities. Government officials were somewhat cooperative and 
responsive to their views, but insecurity and travel restrictions in 
the north limited the ability of human rights groups to investigate 
human rights violations.
    On July 10, police, acting on the orders of the minister of health, 
forcibly closed a women's fistula care center managed by Dimol, a local 
NGO. The Government ordered the NGO to suspend all activities and 
evacuate the center funded by foreign donors on land provided by the 
Government. While Dimol's donors and beneficiaries praised the 
project's management, the Government accused the NGO of mismanagement, 
unsatisfactory performance, and failure to comply with the Ministry of 
Health's policy on fistula care and social reintegration.
    On July 18, the Government ordered the French NGO Medecins Sans 
Frontieres (MSF) to suspend aid activities in the region of Maradi. The 
minister of health accused MSF of not complying with national and 
international health protocols, showing a ``propagandistic attitude 
contrary to medical ethics,'' and ``providing false figures on the 
children who were victims of malnutrition with a view to raising lots 
of money from donors.'' After various failed attempts to convince the 
Government to reconsider its decision, MSF France terminated its 
program in Niger on October 30.
    On August 26, local authorities ordered the French NGO Action 
Contre la Faim (ACF) to suspend its activities in the region of Tahoua. 
However, they rescinded this decision a few days later.
    In April 2007 the Government ordered WFP and several international 
NGOs to stop food-for-work programs. During the year the Government 
allowed international NGOs to monetize their food stocks in order to 
conduct cash-for-work programs.
    The Government-established National Commission on Human Rights and 
Fundamental Liberties operated without government interference; 
however, it lacked resources, was generally considered ineffective, and 
issued few reports or recommendations.
    During 2007 new commission elections were held but controversy over 
the selection process continued, with representatives of two human 
rights associations contesting each other's participation. The 
Government attempted to mediate the controversy, but one of the groups 
requested the Supreme Court's arbitration, while representatives of the 
second group had assumed seats on the commission. On September 4, with 
the completion of the commission members' term, commission members 
elected a new president and new members without dispute.
    On August 18, the Government established a mediator of the 
republic. The mediator's role is to solve difficulties in the 
implementation and interpretation of laws and regulations. The 
president appoints the mediator, who is an independent administrative 
authority charged with investigating citizens' complaints and trying to 
find amicable solutions. The mediator has no decision-making powers, 
however, and instead submits results of investigations to the president 
and the prime minister.
    There were developments in the 2005 case regarding the beating of 
civil society activist Nouhou Arzika by the bodyguards of Moussa Dan 
Foulani. On August 15, the Niamey District Court sentenced Dan Foulani 
to six months' suspended sentence and ordered him to pay a fine of 
200,000 CFA (approximately $400) and 50 million CFA ($100,000) in 
damages to the plaintiff. The defendant appealed the fine, and the 
plaintiffs appealed the whole judgment. No date was set for a trial.
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 effectively 
enforced these prohibitions.

    Women.--Rape is punishable by 10 to 30 years' imprisonment, 
depending upon the circumstances and age of the victim. The law does 
not explicitly recognize spousal rape but appears to cover it in 
practice. Authorities made efforts to enforce the law. Although 
statistics were not available, the Court of Appeals tried several 
criminal rape cases during the year. However, in many cases spousal 
rape did not lead to prosecution, as victims often sought to resolve 
the issue within the family or were pressured to do so. Absent reliable 
statistics on its prevalence, the number of reported rape cases was 
minimal.
    Domestic violence against women was widespread, although reliable 
statistics were also not available. Husbands commonly beat their wives. 
The law does not explicitly prohibit domestic violence; however, a 
woman can sue her husband or lodge criminal charges for battery, 
penalties for which ranged from two months in prison and a 10,000 CFA 
(approximately $20) fine to 30 years' imprisonment. The Government 
tried with limited success to enforce these laws. No data were 
available on how many abusers were prosecuted or convicted during the 
year. Charges stemming from family disputes were often dropped in favor 
of traditional dispute resolution mechanisms. 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 and fear of repudiation 
or social stigma. The Ministry of Women's Promotion and Children's 
Protection, international organizations, NGOs, and women's 
organizations conducted public awareness campaigns on violence against 
women through several events that received wide media coverage. Courts 
prosecuted cases of domestic violence when they received complaints.
    According to the UN Children's Fund (UNICEF), 429 cases of violence 
against women were reported from October 2006 through September 2007, 
although this figure is thought to understate greatly the actual 
prevalence. Battery represented 44.9 percent of the cases, indecent 
assault 17.6 percent, and rape or attempted rape 16.4 percent.
    Prostitution is illegal, but remained prevalent in big cities and 
near major mining and military sites.
    Sexual harassment is a crime punishable by prison sentences from 
three to six months and fines of 10,000 to 100,000 CFA (approximately 
$20 to $200). If the violator is in a position of authority, the prison 
sentence is three months to one year, and the fine is increased to 
20,000 to 200,000 CFA ($40 to $400).
    The constitution provides for equal rights regardless of sex; 
however, women do not have the same rights as men under family law in 
customary courts. Legal rights as head of household applied only to 
men; a divorced or widowed woman, even with children, was not 
considered to be a head of households. Traditional and religious 
beliefs resulted in discrimination in education, employment, and 
property rights. Discrimination was worse in rural areas, where women 
helped with subsistence farming and did most of the childrearing, 
water- and wood-gathering, and other work. Despite constituting 47 
percent of the formal sector work force, only 26 percent of civil 
service workers and 22 percent of professionals were female in 2006. In 
the absence of a formal will stating otherwise, women received one-
third of a deceased parent's property. In the east there were reports 
that some husbands cloistered wives and prevented them from leaving 
their homes unless escorted by a male relative and usually only after 
dark.
    In the civil service and the formal sector there was no indication 
that women experienced discrimination in access to employment or pay 
for similar work.
    During an October 10 interview, the minister of women's promotion 
and children's protection outlined the ministry's commitment to 
promoting women's entrepreneurship through access to credit and 
microcredit, public education on gender issues, and women's political 
participation. The Government, in conjunction with foreign donors and 
women's organizations, approved the establishment of a special bank for 
the promotion of women's businesses; the Government also allowed the 
creation of several credit unions for women.

    Children.--The constitution and law require that the Government 
promote children's welfare; however, minimal financial resources were 
allotted for this purpose.
    The Government continued its multifaceted public education.
    campaign on children's rights. This included forced labor issues, 
efforts to improve girls' education, the dangers of child marriage, 
improvements in birth registration, and efforts to withdraw children 
from the labor force and reenroll them in schools and vocational 
training programs. Birth registration, especially in remote rural areas 
and in nomadic communities, did not take place promptly due to a lack 
of awareness, remoteness of government services, or inadequate 
resources. The Government, with the support of UNICEF, worked to 
address this problem.
    In principle, education was compulsory, free, and universal for a 
minimum period of six years; however, in practice only a fraction of 
children attended school. The Government estimated that the gross 
national primary school enrollment rate was 52 percent in 2006, and the 
net primary school enrollment rate was 41 percent; boys constituted 60 
percent of those who finished primary school. UNICEF in 2007 estimated 
that only one-third of primary and only 6 percent of secondary-school-
age girls were enrolled, and even fewer attended regularly. Most 
parents kept young girls at home to work, and girls rarely attended 
school for more than a few years. This resulted in estimated literacy 
rates of 15 percent for girls and 42.9 percent for boys, according to a 
2006 UN Development Program report. Literacy rates, particularly for 
girls, were even lower in rural areas. The conflict in the north led 
thousands of children to avoid school and caused schools in the north 
to shut down. (See Section 1.g.)
    Certain ethnic groups practiced FGM, predominantly the Fulani and 
Zarma in the western region of the country. According to UNICEF, the 
FGM rate decreased from 5 percent in 1998 to 2.2 percent in 2006. 
However, an October 17 UN IRIN report stated that circumcisers traveled 
from Burkina Faso to Niger to carry out FGM on nomad Gourmantche girls 
as part of a rising trend of cross-border FGM. FGM was practiced on 
young girls, and clitoridectomy was the most common form. FGM is 
against the law and punishable by six months to three years in prison. 
If an FGM victim dies, the practitioner can be sentenced to 10-20 
years' imprisonment. The Government actively combated FGM, continuing 
its close collaboration with local NGOs, community leaders, UNICEF, and 
other donors to distribute educational materials at health centers and 
participated in educational events.
    Child marriage was a problem, especially in rural areas and in 
traditional communities. The law allows a girl deemed to be 
``sufficiently mature'' to marry as young as 15 years old. Some 
families entered into marriage agreements under which girls from rural 
areas were sent by the age of 10 or 12 and sometimes younger to join 
their husbands' families under the tutelage of their mothers-in-law. 
The Ministry of Women's Promotion and Child Protection cooperated with 
women's associations to sensitize rural communities and their 
traditional chiefs and religious leaders to the problem of underage 
marriage.
    Infanticide occurred, and approximately 60 percent of the female 
prison population was charged with the crime.
    There were many displaced children, mostly boys, begging on the 
streets of larger cities. Most of the boys came from rural areas and 
were indentured to Islamic schools. Hundreds of children were displaced 
in conjunction with the conflict in the north. (See Section 1.g.)

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, and persons were trafficked to, from, and 
within the country. Traffickers could be prosecuted under a law that 
criminalizes slavery and coerced labor; punishments ranged from 10-30 
years' imprisonment. Child prostitution is not criminalized 
specifically; however, the law prohibits indecent acts toward minors. 
Such activity and a corollary statute against ``the incitement of 
minors to wrongdoing'' were punishable by three to five years in 
prison.
    A 2005 NGO survey found that 5.8 percent of households interviewed 
claimed that at least one member of their family had been a trafficking 
victim.
    A traditional form of caste-based servitude was still practiced by 
the Tuareg, Zarma, and Arab ethnic minorities.
    The country was 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 was a 
source of women trafficked to Nigeria, North Africa, Europe, and the 
Middle East for domestic servitude and commercial sexual exploitation. 
The country was a destination for a small number of trafficked persons. 
Young boys from neighboring countries were trafficked into the country 
for labor exploitation.
    Women and girls were trafficked into and within the country for 
domestic service and prostitution. Child prostitution was especially 
prevalent along the main East-West highway, particularly between the 
cities of Birni n'Konni and Zinder.
    There was internal trafficking of boys. Some rural parents sent 
their sons to learn the Koran in the cities, where the boys worked for 
their teachers (marabouts) as beggars or provided manual labor. 
Traffickers also transported boys to Mali and Nigeria for this purpose. 
Traffickers transported children internally for work in mines.
    Generally, small operators trafficked persons with false promises 
of well paid employment in the country. Victims usually had to perform 
poorly paid domestic work or prostitution upon arrival, and had to pay 
off a ``debt'' to the trafficker. Traffickers had victims sign 
agreements before departing their country of origin, and retained the 
victims' travel documents. Traffickers used similar methods to 
transport victims from Niger to other countries. Traffickers within the 
country forced or falsely enticed some girls into prostitution, 
sometimes with their family's complicity.
    The Government prosecuted traffickers. During the year, law 
enforcement authorities arrested several traffickers in connection with 
the trafficking of at least 58 children. Of these, officials released 
two without charge, but charged the others with the abduction of 
minors, handing over one to Interpol Mali.
    On March 20, RDM Tanafili, a local NGO, rescued and assisted six 
families of former slaves (40 persons) in purchasing land from their 
former masters in Tajae, Tahoua Region. The NGO was expected to sponsor 
the families for one year by providing them food, livestock to start a 
new life, and education for the children.
    During the year local authorities assisted UNICEF and a local NGO 
partner to identify and rehabilitate child victims of trafficking in 
the Agadez and Niamey regions. Police and prosecutors arrested and 
prosecuted traffickers whom the project identified and ensured that 
rescued victims were handed over to a local NGO for rehabilitation. In 
October officials rescued 37 child trafficking victims; they were 
rehabilitated in the city of Agadez, including receipt of counseling 
and support to return home and start a business for older children, and 
return to their parents' custody for younger ones. However, the 
Government released the suspected traffickers without charge.
    On October 23, police in Gaya arrested a man when he could not 
prove his relationship to several children with whom he was traveling. 
The police handed over the children to the district of Gaya's Office of 
Women's Promotion and Children's Protection. During the same period, 
the office also handed over to the Benin border police 11 young girls 
presumed to be victims of trafficking.
    On December 19, a local NGO, acting with support from law 
enforcement authorities, apprehended a Malian marabout suspected of 
trafficking 11 children (seven Malians and four Nigeriens). At year's 
end the marabout was in detention, and the children were under the 
NGO's care, pending return to their families.
    The Ministries of Justice, Interior, and the Promotion of Women and 
Protection of Children shared responsibility for combating trafficking 
in persons. The National Commission for the Coordination of the Fight 
Against Trafficking in Persons existed on paper but had no budget.
    The Government provided some services directly to trafficking 
victims, including basic health care and assistance in returning to 
their home villages. The Government also supported the efforts of NGOs 
and international organizations in providing food, temporary shelter, 
and primary health care to victims of trafficking, and sponsored public 
outreach sessions on trafficking and child abuse.
    There were no further developments in the case of three traffickers 
in custody since 2007 on charges of child trafficking in Agadez.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with physical and mental disabilities in 
employment, education, and access to health care and other state 
services, and the Government generally enforced these provisions. The 
law mandates that the state provide for persons with disabilities, but 
there were no specific regulations that mandated accessibility to 
buildings, transportation, and education for those with special needs. 
The Government provides limited health care to persons with 
disabilities. Societal discrimination existed against persons with 
disabilities, particularly mental disabilities and leprosy. The 
Ministry of Population and Social Welfare is responsible for protecting 
the rights of persons with disabilities.

    Other Societal Abuses and Discrimination.--Homosexuals experienced 
social discrimination.
    Persons with HIV/AIDS experienced social discrimination. There were 
strong government efforts to discourage such discrimination. The 
Government continued its antidiscrimination campaign in conjunction 
with several other organizations working on HIV/AIDS issues.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law allow all 
workers to form and join trade unions without previous authorization or 
excessive requirements, and workers exercised this right. However, in 
2006 more than 85 percent of the workforce worked in the nonunionized 
subsistence agricultural and small trading sectors.
    The constitution and the law provide for the right to strike, 
except for the police and other security forces, and workers exercised 
this right. Requirements for conducting a legal strike are not lengthy 
or cumbersome; workers must give employers at least three days' advance 
notice.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference, and unions 
exercised their right to bargain collectively for wages above the legal 
minimum and for more favorable working conditions. Collective 
bargaining also existed in the public sector. Antiunion discrimination 
and employer interference in union activities occurred occasionally. 
There were no further developments in the 2006 case of the dismissal of 
106 Liptako Mining Company union members for striking.
    There were no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, except for legally convicted prisoners, and 
prohibits slavery; however, it does not specifically prohibit forced or 
compulsory labor by children, and such practices occurred. In general, 
the Government did not adequately enforce the antislavery laws. A 
traditional form of caste-based servitude was still practiced by the 
Tuareg, Zarma, and Arab ethnic minorities, particularly in remote 
northern and western regions and along the border with Nigeria.
    Persons born into a traditionally subordinate caste sometimes 
worked without pay for those above them in the traditional social 
structure. Estimates regarding the number of persons who work under 
such conditions vary widely, and include a 2004 estimate of 8,800 and a 
2003 estimate of 43,000. Under this system, persons are forced to work 
without pay for their masters throughout their lives, primarily herding 
cattle, working on farmland, or as domestic servants. Children become 
the property of their masters and can be passed from one slave owner to 
another as gifts or as part of a dowry. Abusers force girls to start 
work as domestic servants at a very young age. Girls may be sexually 
abused by men in the household or forced to marry at a young age.
    The Government publicly banned slavery in 2003, and during 2007 
slaves continued to be liberated and given certificates to show that 
they were free. Individuals had the legal right to change their 
situations, and it was illegal for their masters to retain them; 
however, in practice, most victims of slavery did not act on their 
rights. Fear and physical or social coercion likely played roles, 
although a lack of viable economic alternatives for freed slaves was 
also a factor.
    In the 2006 enslavement case of Timidria and Haoulata Ibrahim vs. 
Seidimou Hiyar, the Court of Appeals of Niamey sentenced the defendant 
to two years' imprisonment (six months behind bars and 18 months 
suspended) and 100,000 CFA (approximately $200) in damages. Although 
the defendant served his prison term, he had not paid the damages by 
year's end.
    On October 27, in a landmark ruling in the case Timidria and 
Hadidjatou Mani Koraou vs. the Government of Niger, the Economic 
Community of West African States Court of Justice recognized that Mani 
Koraou had been a victim of slavery and held the Government of Niger 
responsible for the inaction of its administrative and legal services, 
which failed to protect a woman sold into slavery. The court fined the 
Government of Niger 10 million CFA (approximately $20,000) in damages 
for the victim. The Government stated that it would abide by the 
ruling, and authorized payment of the 10 million CFA.
    There were developments in the 2006 slavery case of Timidria and 
Assibit Wanagoda v. Tafane Abouzeidi and Timidria. On December 22, the 
Court of Appeals of Niamey held hearings on the case and planned to 
deliver its verdict on February 9, 2009.
    There were no further developments in the 2006 slavery case of Midi 
Ajinalher v. Hamad Alamine and three brothers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children under age 14, except as 
authorized by decree; however, child labor was a problem and the 
Government did not effectively enforce the law. A 1967 labor decree 
also regulates child labor. Children under the age of 12 are prohibited 
from working. Twelve- and 13-year-olds may perform nonindustrial light 
work for a maximum of two hours per day outside of school hours with a 
labor inspector's authorization as long as such work does not impede 
their schooling. Light work is defined as including some domestic work, 
fruit picking and sorting, and other light nonindustrial work. Those 
14-18 years of age may work a maximum of 4.5 hours per day. Children 
may not perform work that requires force greater than their strength, 
may damage their health or development, is risky, or is likely to 
undermine their morality. The law requires employers to ensure minimum 
sanitary working conditions for children.
    On June 12, Niger's unions and women's associations stated that 46 
percent of school-age children were in difficult conditions, performing 
work beyond their physical abilities in mines, slaughterhouses, and 
domestic work.
    Inspectors of the Ministry of Labor are responsible for enforcing 
child labor laws; however, resource constraints limited their ability 
to do so, and there were no labor inspections during the year.
    Children worked in the agricultural, commercial, handicraft, and 
domestic service sectors. The majority of rural children regularly 
worked with their families from an early age helping in the fields, 
pounding grain, tending animals, gathering firewood and water, and 
doing similar tasks. Some boys were kept out of school to work as 
beggars alongside blind relatives. Others were sent to Islamic schools 
where their teachers used them for work as beggars and for manual 
labor. Child labor also occurred in largely unregulated artisanal gold 
mining operations, as well as in trona (a mineral used as a source of 
sodium compounds), salt, and gypsum mines. 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. Young boys from neighboring countries were 
trafficked into the country to work in mines, on farms, as mechanics, 
or as welders.
    Child trafficking, prostitution, forced labor, and traditional 
caste-based servitude and slavery occurred.
    The Ministry of Labor worked with UNICEF and the International 
Program on the Elimination of Child Labor (IPEC) of the International 
Labor Organization (ILO) to determine the extent of child labor. A 2006 
UNICEF and government study found that 38 percent of children between 
ages five and 14 were economically active; 38 percent of children 
between the ages of five and nine, and 39 percent of children between 
the ages of 10 and 14 worked; 8 percent of child workers were not paid.
    The Government also worked with international partners to provide 
relevant education as an inducement to parents to keep their children 
in school. The Ministry of Basic Education conducted training sessions 
to help educators meet the special needs of child laborers. The 
Government cooperated with a foreign government-funded project that was 
implemented by IPEC to eliminate child labor in the mining sector.
    From 2005 to 2008, the Government worked with a foreign government 
on a one billion CFA (approximately $2 million) program on child labor 
education managed by three NGOs-Catholic Relief Services (CRS), Plan 
International, and World Vision. To meet the special needs of former 
child laborers and at-risk children, the Ministry of Basic Education 
and Literacy provided specially trained teachers, inspectors, and 
materials to schools for rescued child laborers. The project directly 
benefited 7,151 former child laborers, including hundreds withdrawn 
from artisanal mines. The project also benefited more than 84,288 other 
children by improving the quality of instruction in the schools that 
they shared with former child workers.
    The Government supported a 2006-2009 foreign donor program with 
funds of 1.5 billion CFA ($3 million) for the prevention and 
elimination of child labor in mining in West Africa, implemented by 
ILO/IPEC. The project was launched in 2006 and targeted approximately 
4,000 children.
    In January the Ministry of Labor, with support from the Association 
of Niger Christian Women and the ILO, launched a project to rescue 
street children in Niamey Commune V. On May 21, the minister of labor 
launched a vocational training program for 50 former street children 
(30 boys and 20 girls) rescued by the project. The training was 
scheduled to take place over 16 months. At the completion of the 
training, beneficiaries were expected to receive financial and material 
support to start their own small businesses.

    e. Acceptable Conditions of Work.--The labor code establishes a 
minimum wage only for salaried workers in the formal sector with fixed 
(contractual) terms of employment. Minimum wages are set for each class 
and category within the formal sector; however, minimum wages did not 
provide a decent standard of living for workers and their families. As 
of 2006 the lowest minimum wage was 28,000 CFA (approximately $56) per 
month, with an additional 1,000 CFA ($2) added per month per child. The 
Ministry of Labor effectively enforced minimum wages only in the 
regulated formal sector.
    The formal sector legal workweek was 40 hours with a minimum of one 
24-hour rest period; however, the Ministry of Labor authorized longer 
workweeks of up to 72 hours for certain occupations such as private 
security guards, domestic workers, and drivers. Premium pay must be 
paid for overtime, although the rate is not set by law; employees of 
each enterprise or government agency negotiate with their employer to 
set the rate. These formal sector standards were effectively enforced.
    The labor code establishes occupational safety and health 
standards. The Ministry of Labor is charged with enforcing these 
standards, although due to staff shortages inspectors focused on safety 
violations only in the most dangerous industries: mining, building, and 
manufacturing. The Government effectively enforced the standards within 
those three industries, except that gold mining 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 did not 
receive information about the risks posed by their jobs. Workers have 
the right to remove themselves from hazardous conditions without fear 
of losing their jobs.

                               __________

                                NIGERIA

    Nigeria is a federal republic of 36 states and a capital territory, 
with a population of approximately 140 million. In April 2007 Umaru 
Musa Yar'Adua of the ruling People's Democratic Party (PDP) was elected 
to a four-year term as president; the PDP won 70 percent of seats in 
the national legislature and 75 percent of state governorships. The 
election was marred by what international and domestic observers 
characterized as massive fraud and serious irregularities, including 
vote rigging and political violence. Numerous election tribunals, which 
continued to hear complaints brought by losing parties at all levels, 
resulted by year's end in the nullification of nine local-level 
elections, nine senatorial elections, and 11 gubernatorial elections. 
On December 12, the Supreme Court rejected the appeals of two major 
opposition presidential candidates, upholding the election of President 
Yar'Adua. While civilian authorities generally maintained effective 
control of the security forces, there were numerous instances in which 
elements of the security forces acted outside the law.
    The Government's human rights record remained poor, and government 
officials at all levels continued to commit serious abuses. The most 
significant human rights problems included the abridgement of citizens' 
right to change their government; extrajudicial killings by security 
forces; the use of lethal and excessive force by security forces; 
vigilante killings; impunity for abuses by security forces; torture, 
rape, and other cruel, inhuman or degrading treatment of prisoners, 
detainees, and criminal suspects; harsh and life-threatening prison and 
detention center conditions; arbitrary arrest and prolonged pretrial 
detention; executive influence on the judiciary and judicial 
corruption; infringement on privacy rights; restrictions on freedom of 
speech, press, assembly, religion, and movement; domestic violence and 
discrimination against women; female genital mutilation (FGM); child 
abuse and child sexual exploitation; societal violence; ethnic, 
regional, and religious discrimination; trafficking in persons for the 
purpose of prostitution and 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
national police, army, and other security forces committed 
extrajudicial killings and used lethal and excessive force to apprehend 
criminals and to disperse demonstrators during the year.
    On February 25, police killed approximately 50 persons, burned 
nearly 100 homes, and destroyed more than 150 market stalls in 
Ogaminana, just outside Okene, Adavi local government area, Kogi State. 
Credible reports indicate the police attacked the village in reprisal 
for the reported killing of a colleague by local youths the previous 
day. There was no formal investigation of the incident.
    On November 27, in Jos, ethno-religious violence erupted during the 
vote tabulation for the Jos North Local Government Area elections 
resulting in the deaths of approximately 300 persons. Credible reports 
indicate the police and military used lethal force during attempts to 
quell the violence, killing approximately 100 civilians. On December 
25, President Yar'Adua constituted an Administrative Panel of Inquiry 
to investigate the incident. Plateau State Governor Jonah Jang 
challenged the federal government before the Supreme Court, contending 
that the federal government did not have authority to investigate state 
affairs. Jang established a state level judicial panel to investigate 
the situation on December 30. The House of Representatives also 
established an eight-member committee to investigate the incident. The 
investigations were ongoing at year's end.
    Police officers were not held accountable for excessive or deadly 
force or for the deaths of persons in custody. Police generally 
operated with impunity in the apprehension, illegal detention, and 
sometimes execution of criminal suspects.
    On December 4, a coalition of 15 civil society groups operating 
under the umbrella of the Osun State Civil Societies Coalition Against 
Corruption and Rights Violations petitioned the state House of 
Representatives to investigate extrajudicial killings in Osun State, 
providing details to 10 alleged incidents, three of which occurred 
during the year. The state house of representatives had not initiated 
an investigation by year's end.
    For example, on October 14, four police officers from the 'A' 
Division Police Station in Ede, Osun State allegedly beat Misitura 
Ademola to death while in custody following her arrest over allegations 
of theft. There was no formal investigation of the incident. On October 
31, the local NGO Network on Police Reform in Nigeria (NOPRIN) reported 
that police officers in Oshogbo, Osun State beat Dauda Najeem to death 
in an Ataoja Police Division cell while trying to obtain a confession 
on charges of theft. The police later claimed that Najeem committed 
suicide while in custody. There was no investigation by year's end.
    There were no developments in the July 2007 case in which police 
from the Federal Capital Territory (FCT) Command shot and killed Mallam 
Ibrahim, an Islamic cleric.
    There were no developments in the following 2006 cases: the case in 
which police officers killed two suspected thieves in the Rivers State 
city of Port Harcourt; the case in which four persons were killed when 
military and police officers stormed the Ariaria market in Aba, Abia 
State, on the pretext of preventing vigilantes from operating there; 
the case in which the media reported that brothers Juth and Romanus 
Akpowbo were arrested and killed in Kano State after having been 
accused of armed robbery of the staff quarters of Bayero University; or 
the case in which police in Umuahia North Local Government Area killed 
12 suspected robbers.
    Violence and lethal force at unauthorized police and military 
roadblocks and checkpoints continued during the year, despite numerous 
announcements by the inspector-general of police that independent 
police roadblocks would be eliminated and offenders punished. Police 
generally ignored the orders. Security forces were known to kill 
persons while trying to extort money from them. For example, on October 
31, a police officer shot and killed 23-year old Gabriel Mordi at a 
checkpoint in Agbor,Delta State after an argument began over the police 
attempting to extort money from Mordi's driver. Five police officers 
involved with the incident were reportedly arrested in early November, 
but no further developments occurred by year's end.
    There were no developments in the November 2007 case in which a 
police officer in Anambra State shot and killed 15-year-old Daniel 
Offiali and wounded six other bus passengers after the driver refused 
to pay a 20 naira (approximately $0.16) bribe. The police officer was 
reportedly dismissed from the National Police Force and arrested, but 
at year's end the status of the case was unknown.
    There were no developments in the 2006 case in which police 
officers in the FCT outside Abuja shot and killed a driver who refused 
to pay a 20 naira (approximately $0.16) bribe.
    Police and military personnel used excessive and sometimes deadly 
force in the suppression of civil unrest, property vandalism, and 
interethnic violence.
    On January 3, police in Okeagbe, Ondo State allegedly shot and 
killed three youths and wounded two others who were demonstrating 
against local police extortion. There were no further developments in 
the case at year's end.
    On January 15, police allegedly killed four persons in the Sabon 
Tasha area of Kaduna State protesting the failure of the Power Holding 
Company of Nigeria to deal with power outages. There were no further 
developments in the case at year's end.
    There were no developments in the following 2007 cases: the January 
case in which one person was killed and 20 injured by police when 
violence erupted at the Oshogbo Local Government Office after several 
members of the local government council asked the council's chairman to 
explain the expenditure of funds from the federal accounts; or the July 
case in which police shot and killed two persons in Omi-Adio, Oyo 
State, during a clash with members of the National Union of Road 
Transport Workers, who accused police of torturing and killing a union 
member the day before. The union members set the police station afire 
and attacked the officer on duty. Police arrested 49 persons. No 
further information on the status of the case was available at year's 
end.
    The Joint Task Force (JTF) conducted raids on militant groups and 
criminal suspects in the Niger Delta region, resulting in numerous 
deaths and injuries (See Section 1.g.).
    There were reports of summary executions, assaults, and other 
abuses carried out by military personnel and paramilitary mobile police 
across the Niger Delta (See Section 1.g.).
    Unlike last year, there were no reports of killings by unknown 
assailants that may have been politically motivated.
    There were no developments in the following 2007 cases: the 
February case in which unknown gunmen killed PDP Chieftain Lawson 
Onokpasa of Delta State; the March case in which unidentified gunmen 
assassinated Taofiki Onigboho, a relative of a suspected criminal 
working for Governor Rasheed Ladoja, in Ibadan; or the August case in 
which Victor Obafaiye, the principal witness for the opposition Action 
Congress in the Kogi State election tribunal case, was killed.
    Despite President Yar'Adua's 2007 directive to the inspector 
general of police to reopen all unresolved cases of killings of 
political figures, there were no developments in the May 2007 arrest of 
nine suspects allegedly connected to the 2006 killing of Lagos State 
gubernatorial candidate Funsho Williams- including the three mobile 
policemen responsible for guarding him and four colleagues close to 
him- all of whom were imprisoned without trial; or the June 2007 
reopening of the case of Bola Ige, the former attorney general whose 
killing in 2001 was widely believed to be linked to a political dispute 
between the then governor and deputy governor of Osun State.
    There were no developments in the following 2006 killings, which 
may have been politically motivated: the January killing by unknown 
assailants of Hajiya Saudatu Rimi, wife of former Kano State governor 
Alhaji Abubakar Rimi; the June abduction and July killing of Plateau 
State gubernatorial aspirant Jesse Aruku of the Advanced Congress of 
Democrats party; the August killing of Ekiti State PDP gubernatorial 
candidate Ayodeji Daramola; and the December killing by unknown 
assailants of Timothy Ageba Uttah, the former council chairman of Gboko 
Local Government Area and PDP aspirant for the state House of Assembly 
of Benue State.
    There were no developments in the 2006 killings of four persons in 
Emohua and six persons in Gokana by gangs controlled by rival political 
leaders in Rivers State.
    Killings carried out by organized gangs of armed robbers remained 
common during the year. In Lagos State, groups of street youths, 
popularly known as ``area boys,'' operated illegal highway checkpoints 
at which they demanded money from motorists. There were no developments 
in the case of six ``area boys'' arrested in 2006 for allegedly killing 
two Federal Road Management Agency officers.
    There continued to be reports of street mobs killing suspected 
criminals during the year. There were no arrests reported from these 
mob actions, and no developments in cases from previous years.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were kidnappings by militant groups in 
connection with the conflict in the Niger Delta, particularly Port 
Harcourt (See Section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution and law prohibit such practices 
and provide for punishment of such abuses, security services personnel, 
including police, military, and State Security Service (SSS) officers, 
regularly beat demonstrators, criminal suspects, detainees, and 
convicted prisoners. Police mistreated civilians regularly to extort 
money. The law prohibits the introduction into trials of evidence and 
confessions obtained through torture; however, police often used 
torture to extract confessions.
    There were reports that security forces tortured persons and used 
excessive force during the year. In March 2007 the UN Special 
Rapporteur on Torture visited the country at the Government's 
invitation to assess reports of official abuse. On the basis of 
discussions with detainees, visits to prisons and police stations, and 
forensic medical evidence collected over a one-week period, the 
rapporteur reported that torture was endemic in law enforcement 
operations, including police custody, and was often used to extract 
alleged confessions. According to his report, methods of torture 
included flogging with whips; beating with batons and machetes; 
shooting in the foot; threatening a suspect with death and then 
shooting him with powder cartridges; suspension from the ceiling; and 
denying food, water, and medical treatment.
    On July 26, a police officer allegedly beat Baba Mohammed into a 
coma at the conclusion of a marathon, when participants began to 
protest against the event organizer, local cellular phone company MTN, 
for not distributing prizes as promised. According to eyewitnesses, the 
police officer struck Mohammed three times with his baton before 
leaving him unconscious. Mohammed was brought to a local hospital where 
he continued his recovery at year's end. There was no formal 
investigation of the incident.
    On November 3, Nigerian navy officers pulled Uzoma Okere from her 
car and beat and stripped her for allegedly failing to move out of the 
way of the navy officers' vehicle. The incident was filmed by a 
bystander. President Yar'Adua called for an investigation into the 
incident and for a report to be submitted. A Board of Inquiry was 
established and on November 26, Chief of Defense Staff Paul Dike 
submitted its findings to President Yar'Adua. The report was not made 
public, but there were allegations that Okere was not allowed to 
provide testimony. There were no further developments at year's end.
    There were no developments in the September 2007 case in which 25-
year-old Surajo Mohammed died in detention while being interrogated by 
a Katsina State police sergeant who had arrested him for allegedly 
stealing a bottle of palm wine. Following the incident, State Police 
Commissioner Dan Doma announced that the officer had been arrested, but 
no trial had been scheduled by year's end.
    There were no developments in the following 2006 cases: the May 
case in which police in Delta State arrested Segun Pioko, allegedly 
tortured him, and killed him; in the October case in which Kano State 
police beat unruly youth with sticks and whips to clear the way for the 
motorcade of the governor; the April case in which four demonstrators 
died and 50 persons were arrested when police in the Njaba local 
government area, Imo State, carried out reprisal attacks after youths 
rioted outside the local police station to protest police roadblocks in 
the area; or the June case in which Delta State police officers beat 
Peter Osimiri and left him for dead when he refused to pay a 20,000 
naira (approximately $156) bribe. Osmiri died shortly after arriving at 
the hospital.
    There were credible reports during the year that security forces 
committed rape and other forms of sexual violence against women and 
girls with impunity. Police officials acknowledged that rape was a 
problem. Amnesty International (AI) reported that women frequently were 
raped while in detention but did not report the abuse because of the 
social stigma attached to rape and the fact that police officers were 
the perpetrators. In July the National Human Rights Commission (NHRC) 
reported a sharp increase in reported cases of rape and sexual abuse, 
particularly of minors and women in prisons and detention centers 
around the country. In December 2007 NOPRIN stated it had monitored 400 
police stations in 13 states for a year and found that killings, 
torture, extortion, and rape had become routine because the authorities 
shielded police officers from the law.
    There were reports that security forces beat journalists during the 
year.
    Varying Shari'a penal codes (Islamic law) were in place in 12 
northern states, and Shari'a courts delivered ``hadd'' sentences, for 
example caning, for minor offenses such as petty theft, public 
consumption of alcohol, and prostitution; it was unknown if any of the 
sentences were carried out by year's end. The term hadd refers to those 
crimes mentioned explicitly in the Koran. For example, adulterers are 
subject to death by stoning. Although such sentences were handed down 
during the year, none were carried out, nor were death sentences 
carried out in cases originating in earlier years. In contrast to the 
previous year, there were no sentences of amputation handed down. 
However, there were numerous Shari'a cases from previous years pending 
appeal or implementation of sentence, including pending amputation and 
stoning sentences in Jigawa, Bauchi, Niger, Kano, and Zamfara States.
    Statutory law mandates that state governors either impose a stay or 
implement amputation or death sentences. Sentences under Shari'a often 
were not carried out because of the lengthy process for appeals. 
Because no relevant case had been appealed to the federal level, 
federal appellate courts had yet to decide whether such punishments 
violate the constitution. Stoning and amputation sentences were 
consistently overturned on procedural or evidentiary grounds but had 
not been challenged on constitutional grounds. Caning is also a 
punishment under common law in the Northern Region Penal Code and had 
not been challenged in the courts as a violation of statutory law. In 
some cases convicted persons were allowed to pay a fine or go to jail 
instead of being caned. These sentences usually were carried out 
immediately, while the Shari'a criminal procedure code allows 
defendants 30 days to appeal sentences involving mutilation or death; 
in practice, appeals often took much longer.
    On February 23, an upper Shari'a Court in Katsina State sentenced 
Mani Sule and Rabo Umaru to death by stoning for adultery for the 
alleged rape and impregnation of a 16-year-old girl. The sentence was 
not carried out by year's end.
    There were no developments in the May 2007 case in which the 
Shari'a court of Bauchi State sentenced Ade Dabo to death by stoning 
for the alleged rape of two female minors in 2003.
    There were numerous ethnic or communal clashes during the year. The 
Government generally did not provide police in rural areas with 
sufficient resources to control societal violence.

    Prison and Detention Center Conditions.--Prison and detention 
conditions remained harsh and life threatening. Most of the 227 prisons 
were built 70 to 80 years ago and lacked basic facilities. Lack of 
potable water, inadequate sewage facilities, and severe overcrowding 
resulted in dangerous and unsanitary conditions. The 227 prisons held 
an estimated population of 40,000, with some prisons holding 200 to 300 
percent more persons than their designed capacity. Additionally, the 
country operated 86 satellite prisons, 11 farm centers, eight zonal 
offices, and six directorates, all of which housed prisoners and 
detainees. Reliable data was not available to estimate the number of 
persons held in these other facilities. The Government acknowledged 
overcrowding as the main cause of the harsh conditions common in the 
prison system. Excessively long pretrial detention contributed to the 
overcrowding.
    On April 14, Superintendent of Prisons and Public Relations Officer 
of Lagos State Command Ope Fantinikun reported that although the 
prisons in Lagos only had capacity for 2,905 prisoners, they housed 
over 4,000.
    Makurdi Prison in Benue State, which had capacity for 240 
prisoners, housed 464. Ado-Ekiti Prison in Edo State, which reportedly 
had the capacity for 200 prisoners, held 290 in March.
    In July Controller General of Nigeria Prisons Olusola Ogundipe told 
the NHRC that the Port Harcourt prison had capacity for 808 inmates but 
actually housed approximately 2,800, of whom 2,000 were awaiting trial.
    In March 2007 the UN Special Rapporteur on Torture reported that 
prison conditions were deplorable, that those awaiting trial suffered 
more than those already convicted due to lack of funding for their 
care, and that inadequate medical treatment caused many prisoners to 
die of treatable illnesses.
    Following a July 2007 visit to 10 prisons in the states of Enugu, 
Kano, Lagos, and the FCT, AI issued a report citing appalling prison 
conditions, noting that many prisoners were considered ``forgotten 
inmates'' because they had been incarcerated for years without trial.
    Disease was pervasive in the cramped, poorly ventilated facilities, 
and chronic shortages of medical supplies were reported. HIV/AIDS and 
tuberculosis were of particular concern. Only those with money or whose 
relatives brought food regularly had sufficient food; prison officials 
routinely stole money provided for food for 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 other 
security forces often denied inmates food and medical treatment as 
punishment or to extort money. The International Committee of the Red 
Cross (ICRC) continued to provide health and hygiene items to prisoners 
during the year.
    Harsh conditions and denial of proper medical treatment contributed 
to many prison deaths. For example, in September 2007 inadequate 
medical attention allegedly contributed to the death of Olawale Daniel, 
an inmate at the Agodi Federal Prison in Ibadan. His death sparked a 
riot between inmates and guards on September 11, which resulted in the 
deaths of 11 prisoners and injury to an estimated 60 others, including 
four staff members.
    Women were held with male prisoners, especially in rural areas. 
Although the law precludes the imprisonment of children, Attorney 
General and Minister of Justice Michael Aondoakaa stated there were 
more than 300 children in the prisons, many of whom were born there. 
Aondoakaa stated that the federal government had ordered the release of 
those children and the ministry would try to identify and release the 
mothers as well. There was no information on whether any inmates or 
children were released by year's end.
    The Government allowed international and domestic NGOs, including 
AI and Prisoners Rehabilitation and Welfare Action (PRAWA), and the 
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.
    The UN Special Rapporteur on Torture reported appalling conditions 
in detention center cells, noting crowded and unsanitary cells and 
insufficient food, clean water, and access to medical care. The 
rapporteur noted, however, that conditions for female detainees were 
much better than those of males.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, police and security 
forces continued to employ these practices.

    Role of the Police and Security Apparatus.--The Nigeria Police 
Force (NPF) is responsible for law enforcement. Internal security is 
the duty of the SSS, which reports to the president through the 
national security advisor. Due to the inefficacy of the police, who 
were often unable to control societal violence, the Government 
continued to rely on the army in some cases. Each NPF state unit was 
commanded by an assistant inspector general. The constitution prohibits 
state- and local-level governments from organizing their own police 
forces. The NPF committed human rights abuses and generally operated 
with impunity in the apprehension, illegal detention, and sometimes 
execution of criminal suspects. The SSS also was responsible for a 
variety of human rights abuses, particularly in limiting freedom of 
speech and press.
    Corruption was rampant, most often at highway checkpoints. Police 
routinely stopped drivers who had committed no traffic infractions, 
refusing to allow a car to continue until the driver paid a bribe. The 
Inspector General of Police (IGP) made efforts to strengthen the Police 
Monitoring Unit which was supposed to visit police stations and search 
police officers for signs of accepting bribes. During the year, the 
unit visited six police stations in the FCT and reportedly arrested 
eight officers for extorting bribes from the public. In November, the 
IGP arrested seven officers for mounting illegal checkpoints at the 
border between Ogun and Oyo States.
    Although citizens could report incidents of police corruption to 
the NHRC, this agency was not empowered to act in response to such 
complaints.
    On January 8, the federal government inaugurated a 16-member Police 
Reform Committee to examine the NPF and identify measures to enhance 
its effectiveness. However, no action had been taken by year's end.

    Arrest and Detention.--Police and security forces were empowered to 
arrest without warrant based on reasonable suspicion that a person had 
committed an offense; they often abused this power. Under the law 
police may detain persons for 48 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 take the accused to a police station 
for processing within a reasonable time; and provide suspects with the 
opportunity to engage counsel and post bail. However, suspects were 
routinely detained without being informed of charges and denied access 
to counsel and family members. Detainees often were kept incommunicado 
for long periods. Provision of bail was often arbitrary or subject to 
extrajudicial influence. Conditions of bail set by judges often were 
too stringent to be met. At the November 2007 All Nigerian Judges 
Conference, President Yar'Adua reminded judges to respect the rights of 
citizens while implementing the law. At the same conference, Chief 
Justice of Nigeria Idris Kutigi called on judges to stop purposely 
setting bail with almost unattainable conditions. In many areas there 
was no functioning bail system, so suspects were held in investigative 
detention for prolonged periods. Numerous detainees alleged that police 
demanded bribes before they were taken to court to have their cases 
heard. If family members wanted to attend a trial, police often 
demanded additional payment.
    Persons who happened to be in the vicinity of a crime reportedly 
were held for interrogation for periods ranging from a few hours to 
several months. After their release, they frequently were asked to 
return for further questioning.
    Unlike last year, there were no alleged cases of arbitrary arrest 
based on political motives.
    No action was taken against officials involved in the following 
2007 cases: the April case in which the All Nigeria Peoples Party 
(ANPP) governorship candidate in Kaduna State and other key officials 
of the party were arrested, detained, and later released ; the April 
case in which the ANPP governorship candidate in Ebonyi State, Chief 
Ogbonnaya Onu, was beaten, arrested, and released a week later after 
his supporters protested the results of the gubernatorial election; or 
the April case in which Emmanuel Ezeazu, secretary general of the 
Alliance for Credible Elections, was detained and questioned by the SSS 
in connection with a planned demonstration against the conduct of the 
April 22 elections. He was asked to sign an agreement not to organize 
or protest, but he declined to do so and was released on May 1.
    Members of the Movement for the Actualization of the Sovereign 
State of Biafra (MASSOB), a separatist group espousing Igbo unity and 
the secession of Igbo-majority states, initiated frequent violent 
clashes with the Government, particularly in Onitsha, Anambra State. 
Police sometimes reacted by arresting large numbers of MASSOB members. 
In June police arrested 78 MASSOB members during a commemoration 
celebration of the Nigerian Civil War-era secessionist state of Biafra 
and charged them with conspiracy to commit a felony because of their 
intent to stage a protest that would result in political unrest.
    On May 15, an Abuja Court of Appeal granted MASSOB leader Ralph 
Uwazurike continued bail after a High Court judge released him on bail 
in October 2007 for three months. The Court of Appeal also granted bail 
to the 10 others accused with Uwazurike of treason and stated the 
evidence in the case was weak. However, on the same day, all of the 
accused were rearraigned on charges of treason because the High Court 
judge who had granted bail was transferred, requiring the trial to 
start anew for the third time since 2005. Although all of the accused 
remained free on bail, there was no progress in the trial by year's 
end.
    Most of the 69 MASSOB members arrested in a 2006 sweep remained in 
detention at year's end.
    There were no developments involving the trial of Mujaheed Asari 
Dokubo, who was released on bail in June 2007. Dokubo, the leader of 
the Niger Delta People's Volunteer Force, was arrested in 2005 for 
treason.
    On April 11, a Lagos State judge acquitted Hamza Al Mustapha and 
his four codefendants of charges of treason for an alleged 
assassination attempt on former President Obasanjo. However, on April 
15, an Ikeja high court rearraigned Al Mustapha and three of his 
codefendants on charges of conspiracy and the 1996 attempted murder of 
Alex Ibru, the minister of internal affairs under the Abacha regime and 
publisher of The Guardian newspaper. The chief judge of Lagos State 
granted bail to one of the four codefendants, Ishaya Bamaiyi, and 
transferred his case to another high court. By separating the cases, 
the trial was forced to begin anew in June. Despite the attention given 
in the press, there were no developments in the new trial by year's 
end, and Al Mustapha remained in detention almost 10 years after his 
initial arrest.
    The Economic and Financial Crimes Commission (EFCC) arrested and 
detained several state, local, and federal government officials on 
corruption charges during the year. Critics charged that some arrests 
were politically motivated and that periods of investigative detention 
at times exceeded legal limits.
    Security forces detained journalists and demonstrators during the 
year.
    Lengthy pretrial detention remained a serious problem, and human 
rights groups reported that detainees awaiting trial constituted 65 
percent of the prison population, with some awaiting trial more than 10 
years. Serious backlogs, endemic corruption, and undue political 
influence continued to hamper the judicial system. In a July interview 
with the NHRC, Controller of Prisons Olusola Adigun Ogundipe stated 
that there were 40,240 inmates in the country's prisons, 27,287 of whom 
were awaiting trial. Multiple adjournments in some cases led to serious 
delays. Police cited their inability to provide secure transportation 
to court for detainees on their trial dates as one reason why so many 
were denied a trial. The NHRC reported that some detainees were held 
because their case files had been lost. Some state governments released 
inmates already detained for longer than the potential maximum sentence 
would be if they were convicted. Although detainees had the right to 
submit complaints to the NHRC, the commission had no power to respond. 
Detainees could try to complain to the courts, but often found this 
impossible. Even detainees with legal representation often waited years 
to gain access to the courts.
    On April 14, the local NGO New Initiative for Social Development 
(NISD) facilitated the bail and release of 11 prisoners as a result of 
a March 12 workshop entitled ``Stakeholders in Access to Justice for 
Prisoners Awaiting Trial in Ekiti State'' that brought together 
representatives from the prisons service, police, and judiciary to 
discuss issues related to prisoners awaiting trial.

    Amnesty.--Despite the Government's announcement in 2006 that it 
planned to relieve prison overcrowding by granting amnesty to 25,000 of 
the country's 40,000 prisoners, little progress was made. However, the 
Government often extended amnesties to those whose pretrial detention 
period exceeded the maximum sentence they would have received if 
convicted. In May 2007 the Government announced that it would free all 
prisoners over age 70 and all those over 60 who had been on death row 
for more than a decade; however, there was no evidence that any inmates 
were released by year's end.
    On April 14, Lagos State Chief Judge Ade Alabi released 36 inmates 
from Ikoyi Prison in Lagos due to time already served.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the judicial branch remained 
susceptible to executive and legislative branch pressure. 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. There 
was a widespread perception that judges were easily bribed and that 
litigants could not rely on the courts to render impartial judgments. 
Citizens encountered long delays and frequent requests from judicial 
officials for bribes to expedite cases or obtain a favorable ruling. 
Judges frequently failed to appear for trials, often because they were 
pursuing other sources 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, with lack 
of motivation primarily due to inadequate compensation. During the year 
Supreme Court judges called for a more independent judiciary.
    The Ministry of Justice implemented strict requirements for 
education and length of service for judges at the federal and state 
level; however, there were no requirements or monitoring body for 
judges at the local level, leading to corruption and miscarriages of 
justice in those courts.
    The regular court system is composed of federal and state trial 
courts, state appeals courts, the Federal Court of Appeal, and the 
Supreme Court. There are Shari'a and customary (traditional) courts of 
appeal in states that use Shari'a for civil or criminal law, including 
a customary court in the FCT. Courts of 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, but these courts had 
not been established by year's end.
    The constitution provides that states may establish courts based on 
common law or customary law systems. The law also provides that states 
may elect to use the Shari'a Penal Code in the courts. While Shari'a 
courts had been in operation throughout the northern part of the 
country for centuries, in 2000, Shari'a courts were empowered to also 
hear criminal cases and pass sentences based on the Shari'a penal code, 
which outlines hadd offenses and punishments, including caning, death 
by stoning, and amputation.
    The nature of a case usually determined which court had 
jurisdiction. The return to the Shari'a courts stemmed at least in part 
from inefficiency and corruption in the regular court system.
    Defendants have the right to challenge the constitutionality of 
Shari'a criminal statutes through the common law appellate courts; 
however, no challenges with adequate legal standing reached the common 
law appellate system. The constitution also provides for the Government 
to establish a federal Shari'a court of appeal; however, this had not 
been done by year's end. The highest appellate court for Shari'a 
remained the Supreme Court, staffed by common law judges who were not 
required to have any formal training in the Shari'a penal code.

    Trial Procedures.--According to the constitution, defendants have 
the right to an expeditious trial. The law requires a trial within 
three months of arraignment for most crimes; however, there were 
considerable delays, often stretching to several years, in bringing 
suspects to trial. The law does not provide for juries. Most detainees 
were poor and could not afford to pay the informal costs, such as 
transportation to the court house or bribes, associated with moving 
their trials forward, and as a result they remained in prison. 
Wealthier defendants who were not detained employed numerous delaying 
tactics and in many cases bribed judges to grant numerous continuances. 
Such practices clogged the court calendar and prevented trials from 
starting or progressing.
    Although the constitution provides for public trials in the regular 
court system and individual rights in criminal cases, including a 
presumption of innocence, the right to be present, confront witnesses, 
present evidence and witnesses, be represented by legal counsel and 
have access to government-held evidence; these rights were not always 
respected or observed due to corruption and lack of institutional 
capacity within the judiciary. Although an accused person is entitled 
to counsel of his choice, there is no law preventing a trial from going 
forward without counsel, except for certain offenses for which the 
penalty is death. The Legal Aid Act provides for the appointment of 
counsel in such cases, and stipulates that a trial should not go 
forward without it.
    In both common law and Shari'a courts, indigent persons without 
representation were more likely to have their sentences carried out 
immediately upon being sentenced, although all convicted persons have 
the right to appeal. The federal government instituted a panel of legal 
scholars in 2003 to draft a uniform Shari'a penal code to replace 
divergent Shari'a codes adopted by various northern states; however, 
the panel did not produce a report during the year, and states 
continued to apply their individual codes.
    There were no legal provisions in common law barring women or other 
groups from testifying in civil or criminal proceedings or giving their 
testimony less weight, but the testimony of women and non-Muslims 
usually was accorded less weight in Shari'a courts. Some ``qadis'' 
(Shari'a court judges) allowed separate evidentiary requirements to 
prove adultery or fornication for male and female defendants. For 
women, pregnancy was deemed permissible evidence in some Shari'a 
courts. By contrast, men could only be convicted by confessing to the 
crime or if there was eyewitness testimony. However, Shari'a courts did 
provide women with some benefits, including increased access to 
divorce, child custody, and alimony, because it was significantly 
easier, faster, and cheaper to get an audience in a Shari'a court than 
a common law court.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees; however, persons arrested in previous 
years for alleged treason remained in detention at year's end.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent judiciary in civil matters; however, the 
executive and the legislature also exerted undue influence and pressure 
in civil cases. A widespread lack of will by authorities to implement 
court decisions, and corruption, also interfered with due process. The 
law provides for access to the courts for the redress of grievances, 
and courts can award damages and issue injunctions to stop or prevent a 
human rights violation. However, the decisions of civil courts were 
extremely difficult to enforce.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, but authorities at 
times continued to infringe on these rights. Police raided homes 
without warrants.
    The Federal Capital Development Authority (FCDA) continued to 
illegally demolish homes and businesses in the FCT. The Government 
typically claimed that the homes or offices that were demolished lacked 
proper permits and consequently did not provide compensation to the 
owners, even sometimes to those able to produce paperwork indicating 
the structures were built legally. There was no transparent legal 
process for deciding which homes would be bulldozed, and those who had 
their homes bulldozed had no recourse to appeal and received no 
compensation. The FCDA maintained the public position that the homes 
and offices did not comply with the master plan for the city. According 
to the Swiss-based Centre on Housing Rights and Evictions, authorities 
demolished more than 800,000 homes in the Abuja area since 2003. There 
was widespread opinion that the demolitions were primarily motivated by 
corruption and discrimination based on socioeconomic class, since 
mostly lower and middle class persons lost their homes and property, 
which was sold to wealthy persons with connections to government 
officials once vacated.
    In June bulldozers accompanied by police officers razed hundreds of 
homes and displaced approximately 2,000 persons living in the Toge area 
of Abuja. Although authorities apparently alerted residents months in 
advance by marking each home with a giant red X, many residents 
remained due to poverty.
    On August 4, authorities demolished homes in Gabi and Karamagigi 
villages in Abuja. The district officer in charge of the demolition 
team reportedly claimed that the residents were given two weeks' notice 
and that these villages had in fact been demolished two years ago, but 
the residents illegally rebuilt in the same location.
    During the week of November 14, the Lagos State government 
demolished an estimated 2,000 homes despite a Lagos High Court ruling 
in May that called for a stay of action until a hearing scheduled for 
November 18. The Lagos State Ministry of Lands claimed the houses, 
which had been there over 25 years, were illegal structures and that 
government was recovering its land.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Niger Delta region was home to one of Africa's largest oil 
industries, which exported nearly 2 million barrels of crude per day. 
Particularly since 2006, militant groups increasingly employed 
violence, including kidnapping of oil company workers, to demand 
greater control of the region's resources. Abductions for ransom, armed 
robberies, gang turf wars, and fighting connected to the theft of crude 
oil, known as illegal oil bunkering, continued during the year and 
contributed to the region's general insecurity and lack of economic 
vitality.
    Criminal gangs in areas such as Port Harcourt, Rivers State, were 
widely believed to have been sponsored initially by politicians to 
intimidate opponents and aid election rigging, but have since engaged 
in crimes unrelated to political objectives. Some of these gangs 
(locally called ``cult.'') had amassed significant wealth and power. 
Power struggles between gangs resulted in hundreds of deaths, including 
of civilian bystanders, and reportedly damaged personal property and 
homes.
    Numerous hostage takings occurred during the year, including the 
abduction of 82 expatriates, five of whom continued to be held by their 
kidnappers at year's end. There were four expatriate fatalities in 
connection with attacks on oil facilities or hostage taking incidents. 
An estimated 400 persons (nationals and expatriates) were kidnapped in 
approximately 100 incidents during the year. Some kidnappings were 
perpetrated by militant groups trying to force the Government to 
develop local economies, increase local control of oil revenues, or 
release prisoners; others were conducted for financial gain. Oil 
facility guards and JTF soldiers were among those killed in these 
incidents. During the year Niger Delta criminals continued to kidnap 
the relatives (usually children or mothers) of prominent state 
politicians for ransom or to force payment for services, such as 
protection details and voter intimidation, which were rendered during 
the elections. In some areas tensions remained high between oil 
producing communities and oil company employees and contractors.
    Government authorities responded to some incidents by deploying the 
JTF, a unit composed of the various military branches, security 
services and the Nigerian Police Force and established by the 
Government in 2003 to restore stability in the Niger Delta region. The 
JTF reportedly used excessive force and engaged militants and criminals 
in gun battles, which occasionally resulted in civilian casualties and 
worsened security. Credible reports indicate the JTF's participation in 
violent clashes resulted in the destruction of communities.
    Multinational 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.
    According to a report from the international NGO Doctors Without 
Borders, violence in Port Harcourt reached unusually high levels in 
August 2007, resulting in 71 gunshot wounds, 27 stabbings, 16 serious 
beatings, and one rape; seven persons died from their injuries. Most of 
the injured were bystanders who were either at a market or near a bus 
station when armed gangs began shooting indiscriminately into crowds. 
The Government deployed troops and helicopter gunships to the city. 
There were numerous reports that military fire struck civilian 
bystanders.

    Killings.--On March 24, the JTF reportedly killed four men near 
Isaka in the Okrika Local Government Area, Rivers State, when they 
confronted them and other armed men attempting to hijack a barge. There 
was no investigation conducted.
    On July 24, the JTF reportedly killed 12 suspected militants and 
arrested 48 others during an attempted crackdown in Bayelsa and Rivers 
states. No investigation of the incident occurred.
    On August 30, a series of violent clashes erupted between the 
military and militant groups in Bayelsa, Delta, and Rivers states, 
allegedly resulting in the deaths of 35 persons. Authorities did not 
investigate the killings.
    On September 13, confrontations between the JTF and armed militants 
in the Elem Tombia and Ogboma communities of Rivers State resulted in 
an estimated 15-30 deaths, hundreds of displaced persons, and the 
destruction of homes and property worth millions of naira.
    There were no developments in the March 2007 incident in which 10 
persons were killed during several days of rival gang clashes in Port 
Harcourt; or the May 2007 incident in which gang leader Prince Igodo 
was killed during a gun battle allegedly led by militant Soboma George.
    There were no developments in the June 2007 incident in which JTF 
troops killed a dozen gunmen who were holding two dozen workers and 
soldiers hostage at a flow station run by Italian energy company Eni; 
the August 2007 incident in which the JTF launched a raid on an alleged 
hideout of militants who had been fighting in Port Harcourt for days, 
resulting in the deaths of at least 40 persons, including innocent 
civilian bystanders; or the September 2007 incident in which the JTF 
launched an attack on a suspected criminal hideout near Ogbogoro, 
Rivers State, using helicopter gunships and ground troops, resulting in 
an undetermined number of deaths.
    Although the JTF perpetrated violence in some situations, some 
observers reported that the force added to the region's overall level 
of security by filling a void left by the ineffective NPF.
    There were no developments in the 2006 case in which military 
forces in the Niger Delta opened fire on a boat carrying suspected 
militants, killing 10 persons.

    Abductions.--Militants and criminals abducted approximately 400 
persons during the year, including women, children, foreign citizens, 
and an increasing number of prominent citizens or their family members. 
Many abductions took place at oil facilities despite the presence of 
armed guards and military police escorts.
    On June 19, Movement for the Emancipation of the Niger Delta (MEND) 
rebels claimed responsibility for an attack on Royal Dutch Shell's 
offshore Bonga oilfield and in the kidnapping of a U.S. citizen captain 
of a nearby supply ship. The captain was later released unharmed.
    On July 24, armed men attacked a vessel off Bonny Island and 
kidnapped 11 Russians and one Ukrainian. Seven were released the next 
day and the remaining five were released on July 28.
    On August 2, gunmen attacked a bar in Onne, Rivers State, and 
kidnapped two French expatriates, who were later released. The attack 
also resulted in three other deaths.
    On September 9, unidentified gunmen seized the vessel ``Blue 
Ocean'' with a crew of 23 including five expatriates. One crew member 
was killed during the seizure. All other crew members were released, 
except for two British citizens who remained captive at year's end.
    On November 3, armed gunmen kidnapped a Lebanese employee of a 
construction company, killing one and injuring two bystanders during 
the incident. The Lebanese employee was later released.
    On December 2, two Russian employees of Aluminium Smelter Company 
of Nigeria were abducted from their housing compound in Akwa Ibom 
State. They had not been released by year's end.

    Other Conflict-Related Abuses.--Violent conflict between the JTF 
and Niger Delta militants resulted in forcible displacement of persons 
and substantial property destruction.
    For example, on August 4, the 78th Battalion of the JTF stormed 
Agge in Baylesa State in attempt to flush out armed youths who 
supposedly were hiding there, resulting in a gun battle that destroyed 
approximately 500 homes. Bayelsa State JTF Commander Lt. Col. Chris 
Musa claimed that the community was harboring the criminals and that 
the JTF was justified in its attack.
Section 2. Respect for Civil Liberties, Including:
    Freedom of Speech and Press.--The constitution and law provide for 
freedom of speech and of the press; however, the Government sometimes 
restricted these rights in practice. Security forces beat, detained, 
and harassed journalists, some of whom practiced self-censorship. Some 
journalists were harassed, intimidated, threatened or detained for 
reporting on sensitive issues such as President Yar'Adua's health.
    There was a large and vibrant private domestic press that 
frequently criticized the Government. Only one national, government-
owned daily newspaper was published. Several state governments owned 
daily or weekly newspapers. These state-owned publications tended to be 
poorly produced, had limited circulation, and required large state 
subsidies to continue operating. There were more than 14 privately 
owned major daily newspapers, six weekly newsmagazines, and several 
sensationalist evening newspapers and tabloid publications.
    There were 19 independently owned private radio stations. The 
Government owned one radio network with 34 stations.
    There were 14 independently owned private TV stations, and two 
privately owned direct to home satellite network stations. The 
Government owned one TV network, the Nigerian Television Authority, 
with 96 affiliate stations. The law requires local television stations 
to limit programming from other countries to 40 percent and restricts 
the foreign content of satellite broadcasting to 20 percent. On 
December 16, Chief Executive of National Broadcasting Commission (NBC) 
Yomi Bolarinwa issued a statement that, starting in 2009, all prime 
time news broadcast by local stations must be 100 percent local 
content. The NBC 2004 ban on live broadcast of foreign news and 
programs remained in force, but it did not apply to international cable 
or satellite services.
    Because newspapers and television were relatively expensive and 
literacy levels low, radio remained the most important medium of mass 
communication and information. The Government controlled much of the 
electronic media through the NBC, which was responsible for monitoring 
and deregulation of broadcast media.
    In contrast to the previous year, there were reports that 
journalists were killed.
    On August 17, unknown assassins killed Paul Abayomi Ogundeji, a 
reporter for the privately owned This Day newspaper and member of its 
editorial board. The August 19 issues of two other papers, The Punch 
and The Nigerian Compass, quoted an unidentified source stating that a 
uniformed police officer shot Ogundeji. Although the NPF began an 
investigation, there were no further developments at year's end.
    On October 15, six unknown assailants shot and killed the chairman 
of the Credential Committee of the Nigeria Union of Journalists and 
Nasarawa State Broadcasting Service, radio journalist Eiphraim Audu in 
Lafia, Nasarawa State. An investigation was launched but provided no 
results by year's end.
    There were no developments in the 2006 killing by unknown 
assailants of Godwin Aybroko, editor and columnist of This Day 
newspaper in Lagos.
    Security forces beat journalists. For example, on August 1, 
security operatives beat a Channels TV cameraman who attempted to take 
pictures of a raid on the house of Niger Delta Peoples Volunteer Force 
leader Asari Dokubo in Abuja. There were no additional developments at 
year's end.
    On September 4, police officers in Lagos reportedly beat three 
journalists, Adewole Ajayi from the Nigeria Tribune, Emmanuel Oladesu 
from The Nation, and Bimbo Ogunnaike with the Nigerian Compass, for 
attempting to cover an Action Congress (AC) political rally. The 
officers were escorting a politician from the AC. Joe Igbokwe, the AC 
Publicity Secretary in the State, offered an apology after the 
incident. No further action was taken by year's end.
    There were no developments in the May 2007 case in which journalist 
Dare Folorunso was taken to a hospital in a coma after several Ondo 
State policemen, including Deputy Commissioner Joshua Mumbo, beat him. 
Folorunso later recovered and was discharged. The local Union of 
Journalists asked police to pay compensation and offer Folorunso a 
public apology; however, no action was taken by year's end.
    Security forces detained journalists and seized newspapers during 
the year. Several journalists were detained and their media outlets 
seized for reporting on President Yar'Adua's health.
    On January 24, Akwa Ibom State security operatives arrested Essien 
Asuquo Ewoh, a newspaper distributor in Uyo, and on January 27 arrested 
Sam Asowata, chairman of the editorial board of the weekly newspaper 
Fresh Facts. Police allegedly also ransacked Fresh Facts' office. Both 
were charged with sedition and ``conspiracy to distribute copies of 
Fresh Facts newspaper with the intent to bring hatred or contempt to 
the governor of the state'' with a story about Akwa Ibom State Governor 
Akpabio's alleged ties to corrupt persons. Owoh and Asowata were later 
released.
    In March the Kano State government arrested Hausa filmmaker Hamisu 
Lamido, known as Iyan Tama, for operating his company Iyan Tama 
Multimedia without registration and for releasing the film 
``Tsintsiya,'' a Hausa adaptation of the film ``West Side Story,'' in 
Kano without having it first reviewed by the state censorship board. 
The trial initially was scheduled for May 12, but was moved to a new 
location without notification to the defendant, resulting in Lamido's 
arrest for violation of bail by not appearing. Lamido was later 
released on bail and the trial was rescheduled. On December 30, a Kano 
magistrate court found Iyan Tama guilty and sentenced him to 15 months 
in prison and a 300,000 naira fine. Attorneys for the defendant filed 
an appeal to the High Court and the case was ongoing at year's end.
    On April 12, security forces arrested four U.S. filmmakers and one 
Nigerian for attempting to make a documentary about the effects of the 
oil industry on the Niger Delta region. Charges were later dropped and 
all five were released after four days in detention.
    On October 18, SSS operatives arrested Jonathan Elendu, owner of 
the Elendu Reports, an on-line publication, when he arrived at the 
airport in Abuja from abroad. Elendu was detained for nearly two weeks 
without charge, reportedly due to several reports published speculating 
about President Yar'Adua's health, before being released. Authorities 
seized his passport to prevent his travel outside the country until the 
investigation, which continued at year's end, concluded.
    On October 28, the SSS arrested a dual U.S.-Nigerian citizen upon 
his arrival at the Murtala Muhammad International Airport in Lagos 
allegedly for running several items about President Yar'Adua's health 
on his online magazine website. The accused was released on bail on 
November 4; but the SSS retained his passport and prevented him from 
leaving the country until an investigation was concluded.
    On November 14, SSS officials detained Leadership newspaper 
publisher Sam Nda Isaiah and questioned him for two days regarding a 
November 8 story reporting that President Yar'Adua was critically ill. 
On November 27, President Yar'Adua issued a directive for the NPF to 
arrest Isaiah, Daily Editor Abdulrazaque Bello-Barkindo, Weekend Editor 
Laura Olugbemi, and former Associate Editor Simon Imoboswam for alleged 
``defamation of character and injurious falsehood,'' over the story. 
All four were released on bail pending trial which was postponed until 
2009.
    There were no developments in the January 2007 case in which SSS 
agents raided the offices of daily newspaper Leadership, seized 
documents, and detained reporter Danladi Ndayebo for nine hours.
    There were no developments in the January 2007 case in which SSS 
officials detained Abuja Inquirer publisher Dan Akpovwa and editor Sode 
Abbah in connection with a story that claimed a military coup was 
possible because of a public disagreement between former president 
Obasanjo and former vice president Atiku Abubakar. SSS agents sealed 
the newspaper's office and seized computer discs, a hard drive, and 
copies of the newspaper. Akpovwa was released after 36 hours, and Abbah 
12 hours later.
    There were no developments in the June 2007 case in which 15 armed 
men, including two uniformed police officers, stormed the printing 
plant of privately owned weekly paper Events in Uyo, Akwa Ibom State, 
and allegedly seized an estimated 5,000 copies of the newspaper.
    There were no developments in the October 2007 case in which the 
SSS arrested Events editor Jerome Imeime and charged him with sedition 
for criticizing the state's governor on the front page of the paper. 
Imeime was released three weeks later.
    The Government suspended television and radio stations during the 
year.
    For example, on September 17, the NBC announced the suspension of 
operations and revocation of license for Channels TV following its 
September 16 closure by the SSS. Federal agents, led by Minister of 
Information Odey, shut down Channels TV in Lagos and Abuja for 
broadcasting a ``false news story..'' Channels TV had broadcast a story 
stating the president might resign due to health reasons. The station 
and many other news outlets apparently received the information from an 
email address claiming to be News Agency of Nigeria (NAN). NAN denied 
any involvement and stated that the e-mail address did not belong to 
it. Five staff members of Channels TV were detained for three days. On 
September 19, NBC gave Channels TV permission to resume broadcasting 
and confirmed the release of all journalists without charges.
    In April 2007 SSS backed by police forcefully entered the studio of 
AIT and forced the staff to stop transmitting a documentary critical of 
President Obasanjo and the ruling PDP. SSS agents seized tapes of all 
commercially sponsored programs that were scheduled for that day and 
shut down AIT's sister radio station, Ray Power FM. Press reports 
quoted an SSS spokesman as saying that the programming had ``security 
implications.'' The NBC warned the station that it would face ``serious 
sanction'' if it aired the program again.
    In May 2007 armed men invaded the Broadcasting Corporation of Oyo 
State, where the Oyo State radio and television stations were located. 
Some workers were injured as the men vandalized the studios, carted 
away broadcast equipment, and disrupted broadcasting. The affiliation 
of the armed men had not been determined by year's end.
    Local NGOs suggested that newspaper editors and owners 
underreported killings and other human rights abuses, due in part to 
government intimidation.
    The law criminalizes libel and requires defendants to prove the 
truth of opinion or value judgment contained in news reports or 
commentaries. This limited the circumstances in which media defendants 
could rely on the defense of ``fair comment on matters of public 
interest'' and restricted the right to freedom of expression. Penalties 
for libel ranged from one to seven years' imprisonment.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. However, several Internet news sites critical of 
the Government experienced server problems which site owners attributed 
to government interference. Such disruptions in service usually lasted 
a few hours to a day.
    Individuals and groups could engage in the peaceful expression of 
views via the Internet, including by e-mail. A 2006 survey revealed 
that only 1.3 percent of households owned a personal computer and that 
1.5 percent had fixed line telephone service. Cyber cafes, unmonitored 
by the Government, were widely available in metropolitan areas.

    Academic Freedom and Cultural Events.--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 gangs on 
campuses, particularly in the south, continued to hamper educational 
progress.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right for progovernment 
rallies, while opposition gatherings continued to be restricted. In 
areas that experienced societal violence, police and security forces 
permitted public meetings and demonstrations on a case-by-case basis.
    Police frequently cited the 1990 Public Order Act to disband 
meetings critical of the Government, in spite of the Abuja High Court's 
2005 decision to strike down the act, which required a police permit to 
be issued for all public rallies and processions. The attorney general 
and the NPF appealed the decision, and in December 2007 the Court of 
Appeal in Abuja declared that a permit would no longer be necessary for 
any assembly, and that the Public Order Act infringed upon fundamental 
constitutional rights. Following the ruling, however, the inspector 
general of police announced that the NPF would appeal to the Supreme 
Court. There were no developments in the case at year's end.
    The Government occasionally banned gatherings whose political, 
ethnic, or religious nature might lead to unrest. Open-air religious 
services held away from places of worship remained prohibited in many 
states due to fears that they might heighten interreligious tensions. 
The Kaduna State government ban on processions, rallies, 
demonstrations, and meetings in public places still was enforced on a 
case-by-case basis. A security forces committee ban on all political, 
cultural, and religious meetings in Plateau State continued to be 
implemented on an ad hoc basis.
    There were no developments in the March 2007 case in which groups 
affiliated with the PDP and DPP went on a 48-hour vandalism spree in 
Sokoto, destroying each other's party offices and members' vehicles. 
Several injuries were reported, and the police responded by banning all 
political rallies in the state through the April 2007 elections.
    Security forces forcibly dispersed and arrested demonstrators 
during the year, resulting in numerous injuries.
    There were no developments in the May 2007 case in which Abuja 
police detained more than 235 persons for attempting to protest the 
recent elections, and police in Lagos arrested approximately 80 others 
during the nationwide Labor Day celebrations, or the July 2007 case in 
which a team of mobile police officers accompanied by officials on the 
Abuja Environmental Protection Board (AEPB) disbanded an Abuja rally 
held to draw attention to hunger in the country. AEPB officers arrested 
Ojobo Atuluku, the country's nominee to the UN Committee on the Rights 
of the Child, and 20 other employees of ActionAid International, 
Nigeria (AAIN). AEPB official Muhammed Abuja, who led the arrest, 
stated that the march was illegal since the organizers did not obtain 
the board's permission. Police officers roughly handled the AAIN 
employees and used teargas to disperse the crowd.

    Freedom of Association.--The constitution and law provide 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 and law 
allow the free formation of political parties. There were 50 parties 
registered with the Independent National Electoral Commission (INEC) at 
year's end.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion. Although the federal government generally 
respected religious freedom, there were 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 or giving preferential treatment to a religious or ethnic 
community; however, states, whether predominantly Christian or Muslim, 
generally favored the faith practiced by the majority of their 
residents. Many Christians alleged that the 2000 reintroduction and 
enforcement of criminal aspects of the Shari'a legal system and the 
continued use of state resources to fund the construction of mosques, 
the teaching of qadis (Shari'a court judges), and subsidies for the 
pilgrimage to Mecca in the 12 northern states amounted to the adoption 
of Islam as a de facto state religion. Moreover, the NGO Civil 
Liberties Organization (CLO) contended that the establishment of a 
Ministry of Religious Affairs and the creation of a preacher's council 
in Zamfara State were tantamount to adopting Islam as a state religion. 
However, several states, including northern states, apportioned funds 
to finance Christian pilgrimages to Jerusalem and to construct 
churches.
    The constitution provides that states may establish courts based on 
the common law or customary court law systems. Individual states in the 
north had elected to create Shari'a courts alongside the common law and 
customary courts. Many other states, including central states Benue and 
Plateau, had Shari'a appellate courts. In 2000, 12 northern states 
(Sokoto, Kebbi, Niger, Kano, Katsina, Kaduna, Jigawa, Yobe, Bauchi, 
Borno, Zamfara, and Gombe) reintroduced criminal law aspects of the 
Shari'a legal system. Prior to 2000 the courts used the Shari'a system 
to adjudicate civil matters only. Adherence to Shari'a criminal law was 
compulsory for Muslims in some states and optional in others. While the 
constitution technically does not permit non-Muslims to consent to 
Shari'a jurisdiction, in practice non-Muslims have the option of doing 
so when the penalty under Shari'a is less severe than under civil law 
(e.g., a fine rather than a prison sentence).
    Although several northern states continued to ban public 
proselytizing to forestall ethno-religious violence, some Christian 
proselytizing groups nonetheless remained active. The bans generally 
were enforced on a case-by-case basis.
    The constitution does not require students to receive religious 
instruction in secular public schools. However, state governments 
occasionally passed laws seeking to incorporate religious studies into 
the curriculum. NGOs such as the CLO claimed that the 12 northern 
states had made Islamic religious education compulsory in previously 
secular public schools. Authorities of several of these states claimed 
that schools did not require students to attend classes of a religious 
group other than their own, and that students could request a teacher 
of their own religious beliefs to provide alternative instruction. 
However, there were often no teachers of ``Christian Religious 
Knowledge'' in many northern schools.
    Although the Government generally did not restrict distribution of 
religious publications, it sporadically enforced a ban against 
broadcasting religious notices on state-owned radio and television 
stations. Private radio stations regularly broadcast religious 
programming.
    Although the expanded jurisdiction of Shari'a did not apply to non-
Muslims in civil and criminal proceedings, certain social mores 
inspired by Shari'a, such as the separation of the sexes in public 
schools, health care, and public transport, also affected non-Muslim 
minorities in the north at times.
    A number of states with expanded Shari'a laws sanctioned 
enforcement by private groups known as the Hisbah, which were funded by 
state governments. In some cases these groups had authority to make 
arrests, but they primarily served as traffic wardens and helped 
regulate commercial activity in the marketplace. Hisbah groups were 
active during the year in Zamfara, Niger, and Kano states.
    Although most Shari'a states did not criminalize alcohol 
consumption by non-Muslims, Kano State maintained laws providing for 
steep fines and prison sentences for the distribution and public 
consumption of alcohol. However, there were no reports of non-Muslims 
being penalized during the year. In spite of the ban, alcohol was 
available in Kano at some hotel bars and restaurants and in the Sabon 
Gari area of Kano, where a majority of non-Muslims lived. During the 
year, however, the governor and state Hisbah began cracking down on the 
import of alcohol into Sabon Gari by mounting checkpoints and 
impounding vehicles carrying alcohol. The Legal Director of the Hisbah 
Board reportedly claimed the Hisbah had authority to operate throughout 
the state. Others responded that the federal constitution, which 
permits the sale of alcohol, has priority over the Hisbah's mandate. In 
some northern states, government officials restricted the sale and 
public consumption of alcohol to federal government installations, such 
as military and police barracks.
    On November 17, press reports indicated that the Chairman of the 
Liquor Licensing Board announced that 427 persons were arrested and 54 
convicted in Minna, Niger State for violating the state liquor law 
which prohibits the sale and consumption of alcohol in specified areas. 
The sentences for those convicted could not be confirmed.

    Societal Abuses and Discrimination.--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 mirrored regional, tribal-ethnic, and 
occupational differences. For example, in many areas of the Middle 
Belt, Muslim Fulani tended to be pastoralists, while the Muslim Hausa 
and most Christian Igbo and other ethnic groups tended to be farmers or 
work in urban areas. Consequently ethnic, regional, economic, and land 
use competition often correlated with religious differences between the 
competing groups. Interreligious tension between Christians and Muslims 
remained in some areas, and conflicts of a socioeconomic or political 
nature often divided persons along religious lines.
    There were a few instances of societal abuse and discrimination 
against members of Jehovah's Witnesses who refused for religious 
reasons to join local age-grade associations or women's associations.
    Ethno-religious violence resulted in numerous deaths and the 
displacement of thousands of persons throughout the country.
    On November 27, in Jos, ethno-religious violence erupted during the 
vote tabulation for the Jos North Local Government Area elections, 
resulting in the deaths of approximately 300 persons. As with previous 
such outbreaks, local elites may have exploited underlying tensions 
between the Muslim Hausa-Fulani in Jos North and surrounding Christian 
ethnic groups for political purposes. Credible reports indicate police 
used lethal force during attempts to quell the violence, killing many 
civilians (See Section 1.a.).
    On August 31, Muslims in Ilorin, Kwara State, allegedly set fire to 
the four-year-old, 20 million naira (approximately $170,575), Christ 
Apostolic Church building in the Baboko area due to its proximity to a 
mosque. Local Muslim leaders had complained to the Inter-Religious 
Committee, an interfaith panel established by the state government to 
mediate Muslim-Christian conflicts, and after initially rejecting their 
complaint, the committee offered the congregation 3 million naira 
($24,580) and ordered them to relocate. The church leadership rejected 
the directive and appealed to the committee to reconsider. There were 
no additional developments at year's end.
    There were no reports of anti-Semitic acts during the year. There 
are an estimated 30,000 members of the Jewish community and 26 
synagogues in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation, and 
while the Government generally respected these rights, police 
occasionally restricted freedom of movement by enforcing curfews in 
areas experiencing ethno-religious violence, and routinely set up 
roadblocks and checkpoints to extort money from travelers. Security 
officials continued to use excessive force at checkpoints and 
roadblocks. On some roads police maintained checkpoints every few 
miles.
    Following the November ethno-religious riots in Jos, security 
forces instituted a 7:00 pm to 6:00 am curfew throughout Jos. The 
curfew remained in place at year's end.
    The FCDA continued to demolish homes and businesses illegally in 
the FCT, which left numerous persons homeless.

    Internally Displaced Persons (IDPs).--Ethnic conflict along the 
borders of Benue, Taraba, and Ebonyi states resulted in the 
displacement of hundreds of persons throughout the year as they fled 
their homes to avoid further persecution in the decades-old ethnic 
disputes over farmland and political power. The governors of Benue, 
Taraba, and Ebonyi states attempted to quell the violence through 
meetings with local leaders, curfews, and development programs. The 
federal government deployed mobile police units to affected areas to 
prevent further violence.
    For example, on January 19, a week of renewed hostilities erupted 
between the Agile community in Benue State and their Mgbo neighbors in 
Ebonyi State. Residents of Agile fled their homes; schools, churches 
and homes were destroyed; and five persons were reported killed.
    On March 25, violence erupted between the Jukun and Kuteb 
communities of Taraba State, which reportedly resulted in the deaths of 
seven persons, destruction of property, and displacement of the Kuteb 
community. The Government deployed mobile policemen to the area to 
prevent further violence. On December 28, the violence reignited when 
the Kuteb protested the Jukun trying to hold a cultural festival known 
as Puje. The Kuteb were previously prohibited by the Government from 
holding their own cultural festival, Kuchicheb, earlier in the year. 
The clash reportedly resulted in millions of naira worth of damage, 
thousands of residents fleeing for safety, and seven deaths.
    On July 23, a violent clash between the Atagenyi and Omelemu 
communities of Benue State resulted in attacks and counterattacks that 
left five persons dead, property destroyed, and which displaced all 
residents of Atagenyi, Omelemu, and neighboring Ojantle.
    On August 14, the federal government ceded the Bakassi Peninsula to 
Cameroon in accordance with a 2002 International Court of Justice 
decision. The Cross River State Emergency Management Agency estimated 
that 3,855 Nigerians were displaced and resettled in the Ekpiri Ikang 
Local Government Area (renamed the Bakassi Local Government Area) of 
Cross River State, where the federal government was constructing homes 
and facilities for the IDPs. A majority of the IDPs, however, did not 
remain in the resettlement center and relocated on their own, claiming 
that the facilities were inadequate and that they would rather decide 
for themselves where to live. By October, all non-native Cross River 
IDPs had reportedly resettled in Delta, Bayelsa, Rivers, and Akwa Ibom 
States.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status to persons in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government has established a system for providing protection to 
refugees. The Government provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened, and granted refugee status or asylum. The Government 
cooperated with Office of the UN High Commissioner for Refugees (UNHCR) 
and other humanitarian organizations in assisting refugees and asylum 
seekers through the National Commission for Refugees, its federal 
commissioner, and the National Emergency Management Agency. 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.
    Refugee camps were generally overcrowded, and refugees' requests 
for police and judicial assistance usually received no attention. 
Refugees, like citizens, had poor access to the courts.
    In early February, due to escalating violence in neighboring Chad, 
more than 2,000 refugees fled to Gamboru-Ngala in Borno State. 
According to the ICRC, the State of Borno housed the refugees in an 
abandoned building and new camp on the outskirts of town, while the 
Nigerian Red Cross and the Nigeria Immigration Service registered all 
the refugees. By February 10, after the violence subsided, most 
refugees had returned to Chad.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol and provided it to a few hundred persons during the year.
    In August 2007 the Government signed a multipartite agreement with 
the Governments of Liberia and Sierra Leone, the Economic Community of 
West African States, and UNHCR to locally integrate Liberian and Sierra 
Leonean refugees. In November 2007 the Government held a national 
conference in Abuja to develop a plan to implement the integration; 
however, the plan had not been implemented by year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 the most recent national 
and state elections in April 2007, which were conducted amid widespread 
fraud and numerous incidents of violence.

    Elections and Political Participation.--In May 2007 Umaru Musa 
Yar'Adua was sworn in as president with his Vice President Goodluck 
Jonathan. The inauguration marked the first transition from one elected 
presidential administration to another since the country gained 
independence from Britain in 1960. However, the 2007 election that 
brought them to power was deemed fundamentally flawed by citizens and 
international observers alike. In August 2007, as part of his pledge to 
address the shortcomings in the electoral system, President Yar'Adua 
established the Electoral Reforms Committee (ERC), consisting of 
governmental and NGO representatives, which was charged with bringing 
the electoral process up to international standards. On December 11, 
following regular meetings throughout the year and public hearings 
across the country in May and June, the ERC submitted its report to 
President Yar'Adua. The report cited the lack of independence for INEC 
and state electoral committees as key deficiencies in the April 2007 
electoral process, and it recommended a system of proportional 
representation for both legislative and local elections as well as the 
reinstatement of independent candidacies. The report also called for 
the creation of three new commissions that would alleviate INEC of many 
responsibilities, in an effort to allow it to focus solely on 
conducting elections.
    The April 2007 presidential, national assembly, gubernatorial, and 
state-level elections were marred by poor organization, widespread 
fraud, and numerous incidents of violence. The Government, through 
INEC, undertook voter registration; however, this effort was poorly 
organized, seriously flawed, incomplete, and not widely publicized. 
Although INEC claimed 60 percent voter turnout nationwide, most 
independent observers estimated it at less than 20 percent. In some 
states, local and international observers reported that they were 
unable to locate any open polling stations where voting was supposed to 
be taking place, despite INEC's later claims of voter turnout well 
above 50 percent for those polling stations. In other states, observers 
noted polling stations did not open until the late afternoon and were 
forced to close in the early evening due to darkness or state curfews, 
thereby restricting the number of voters who could be processed and 
allowed to vote.
    A total of 43 parties participated in the national assembly 
elections, and 24 parties in the presidential election. The European 
Union Election Observation Mission stated that the elections ``fell far 
short of basic international and regional standards for democratic 
elections,'' while the Transition Monitoring Group-a coalition of over 
60 organizations throughout the country that monitors elections, 
encourages voter participation, and promotes proper voting procedures-
described the elections as ``a charade.'' All major independent 
observer groups, international and domestic, issued statements 
questioning the fairness of the elections and cited problems throughout 
the country including ballot stuffing, intentional miscounting at both 
polling stations and ballot compilation stages, underage voting, 
multiple voting, intimidation, violence, and at least 300 deaths, 
including some politically motivated killings. Although all parties 
participated in the misconduct, observers cited violations by the 
ruling PDP significantly more often than those by other parties.
    Following the elections, election tribunals received over 1,250 
legal motions filed across the country to overturn the results of 
individual elections for all levels of government posts, including the 
presidency. Both major rival candidates of Yar'Adua-Atiku Abubakar and 
Muhammadu Buhari-petitioned for the annulment of the presidential race. 
The tribunal upheld the election, but Abubakar and Buhari appealed to 
the Supreme Court. On December 12, the Supreme Court rejected the 
appeals, thereby upholding the election of President Yar'adua in a 4-3 
decision. The cases filed to overturn National Assembly results 
included a case contesting the election of Senate President David Mark 
in Benue State. Although the tribunal challenged the results of Mark's 
election in part of the district, this ruling was overturned by the 
Court of Appeal. By year's end several tribunals had concluded their 
deliberations, resulting in the nullification of nine local-level 
elections, nine senatorial elections, and 11 gubernatorial elections. 
Due to discrepancies during the 2003 elections, the Government passed 
the Electoral Act of 2006, which outlines the legal procedures for 
conducting and contesting an election. Although it was widely accepted 
that the 2007 elections were fraudulent, most of the tribunals 
overturned elections based on technicalities such as lacking the party 
logo on the ballot or not having the party name listed, rather than for 
criminal activity or fraud related to the elections.
    In some cases in which elections were rerun after the original 
results were annulled by tribunals, observers noted the same type of 
irregularities repeated as witnessed during the April 2007 elections.
    Political violence occurred at federal, state, and local levels, as 
well as within political parties. However, NGOs could not agree on what 
constituted political violence or how many such incidents occurred. By 
March 2007, 51 cases of killings, kidnappings, and clashes among 
supporters in Bayelesa, Bauchi, Benue, Rivers, and Delta states were 
recorded by the Nigerian Alliance for Peaceful Elections. The South 
Africa-based Institute for Democracy claimed that as many as 280 
persons were killed in the country between February and March 2007. The 
Government made little effort to investigate or bring charges in any of 
these cases of political violence.
    On January 24, 10 persons were wounded when members of the PDP and 
AC clashed in Ibadan, Oyo State.
    There were no developments in the February 2007 case in which at 
least 35 persons were killed during seven days of clashes in the Ogoni 
region of Rivers State, where two of former Governor Peter Odili's 
associates were fighting over political control; the March 2007 case in 
which fighting broke out between PDP and ANPP supporters in Abeokuta, 
Ogun State, resulting in the death of four persons; or the March 2007 
case in which armed DPP supporters in Gombe stormed a magistrate's 
court, forcibly freeing DPP gubernatorial candidate Abubakar Habu 
Hashidu and wounding the judge presiding over his case.
    There were no developments in the 2006 cases in which violence 
marred PDP local government congresses in several states.
    The electoral law allowed those who felt they had been 
disenfranchised to leave their existing party and form a new one. 
Parties generally formed around individuals rather than on ideological 
grounds. There were allegations that new parties were established by 
the PDP for the purpose of confusing voters with large numbers of 
candidates.
    There were no developments in the 2006 cases in which the SSS 
detained and questioned the leader of the Advanced Congress of 
Democrats, a political party that had recently been formed by former 
members of the ruling PDP; or in which eight leaders of the Turaki 
Vanguard, a campaign group supporting the vice president, were charged 
with belonging to an unlawful society.
    Although there were more than 500 ministerial and National Assembly 
positions, men still accounted for more than 90 percent of the 
country's appointed and elected officials. There were only six female 
ministers out of 42, nine female senators out of 109 and 30 female 
representatives out of 360 at year's end. Although there were no female 
governors, five out of 36 states had female deputy governors.
    To promote national unity and loyalty, the law 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-this is referred to as Federal Character. The 
Yar'Adua administration was an example of this diversity: President 
Yar'Adua is a Fulani from the northern city of Katsina, the vice 
president is an Ijaw from the southern state of Bayelsa, and the senate 
president is an Idoma from the central state of Benue. The Government 
also attempted to balance other key positions among the different 
regions and ethnic groups. 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.

    Government Corruption and Transparency.--Corruption was massive, 
widespread, and pervasive, at all levels of government and society. The 
constitution provides immunity from civil and criminal prosecution to 
the president, vice president, governors, and deputy governors while in 
office.
    The EFCC's anticorruption efforts waned, with little progress on 
prosecutions of federal, state, and local officials accused of 
corruption. On May 15, President Yar'Adua appointed Farida Waziri, a 
former assistant inspector general of police, as the new EFCC chairman. 
The Yar'Adua administration continued to voice publicly its commitment 
to fighting corruption at all levels; however, critics continued to 
claim that some EFCC investigations were politically motivated, 
singling out political opponents of the administration while turning a 
blind eye to actions of those in favor, and that the EFCC did not 
always follow proper criminal procedure. Penalties for corruption, if 
found guilty, remained insufficient to serve as a deterrent.
    On June 30, the EFCC arrested former ministers of aviation Femi 
Fani-Kayode and Babalola Borishade following a Senate probe into the 
19.5 billion naira (approximately $166 million) Aviation Intervention 
Fund. The two former ministers were charged with conspiracy and 
diversion of public funds due to inflating a 6.5 million naira 
($55,000) contract. On July 10, both Fani-Kayode and Borishade were 
released on bail. On December 22, however, the EFCC rearrested Fani-
Kayode on charges of corruption and violations to the EFCC Money 
Laundering Act and Lagos Federal High Court remanded him to Ikoyi 
Prison in Lagos where he remained in custody at year's end. Trials for 
both defendants remained pending at year's end.
    On July 31, the EFCC arrested former Adamawa governor Boni Haruna 
on a 21-count charge of misappropriating 93 million naira 
(approximately $790,000) of the state's money. He was released on bail 
on August 8, and his trial was pending at year's end.
    On August 7, the EFCC arrested former chairman of the Nigeria Ports 
Authority (NPA) Board of Directors Bode George and five other members 
of the NPA on a 163-count charge of abuse of office with the intent to 
defraud and illegal award of contracts worth 84 billion naira 
(approximately $700 million). On 0ctober 28, the charges were reduced 
from 163 to 68 counts and the defendants were granted bail. The trial 
was pending at year's end.
    On December 18, a Federal High Court in Enugu convicted former Edo 
State governor Lucky Igbinedion on only one-count of corruption despite 
the 142 counts filed alleging embezzlement of over 3.6 billion naira 
(approximately $24 million). The court released Igbinedion and fined 
him 3.5 million naira ($23,000), which he paid immediately. The EFCC 
was appealing the verdict due to the meager sentence.
    There were no new developments in the July 2007 arrest on money 
laundering charges of four former governors- Chief Orji Kalu of Abia 
State, Saminu Turaki of Jigawa State, Reverend Jolly Nyame of Taraba 
State, and Joshua Dariye of Plateau State.
    The EFCC prosecuted former governor of Abia State Orji Kalu for 
allegedly laundering an estimated 3.1 billion naira (approximately 
$24.5 million) of Abia State funds. The Federal High Court in Abuja 
remanded Kalu to Kuje Medium Security Prison, where he spent 16 days 
before posting bail in August 2007. The attorney general attempted to 
have the trial discontinued based on an earlier Abia State High Court 
ruling that was intended to shield Kalu from arrest and trial. In 
September 2007 the EFCC appealed and insisted it had the right to 
arrest and prosecute Kalu. There were no new developments at year's 
end.
    The trial of former Delta State governor James Ibori on a 103-count 
charge of abuse of office, corruption, and money laundering continued 
to be delayed at year's end. The EFCC arrested Ibori in December 2007 
and remanded him to Kaduna Central prison until February 10, when a 
Federal High Court granted him bail.
    The EFCC also investigated numerous federal government officials 
for allegedly accepting bribes from international companies. In 
December 2007 the Government suspended dealings and canceled a supply 
contract with Siemens Telecommunications pending an investigation into 
allegations it paid more than 687 million naira (approximately $4.5 
million) in bribes to federal officials in connection with four 
telecommunications contracts valued at 20 billion naira ($130 million). 
Also in December 2007 the EFCC investigated numerous federal officials 
over a 700 million naira ($6 million) bribe allegedly paid by Wilbros 
Group to facilitate a gas pipeline contract. Investigations were 
ongoing at year's end.
    The trial of former governor of Ekiti State Ayodele Fayose was 
repeatedly delayed and rescheduled for February 2009. On January 7 a 
Lagos High Court granted Fayose bail and later gave him permission to 
travel abroad for medical treatment. In December 2007 Fayose 
surrendered to the EFCC to defend himself against allegations that he 
fraudulently obtained 11.8 billion naira (approximately $101 million) 
from Ekiti State funds. The Federal High Court in Lagos remanded Fayose 
to Ikoyi Prison in Lagos on a 51-count charge of fraud, money 
laundering, and illegal diversion of public funds. Fayose pleaded not 
guilty but was denied bail. While still in custody, the Ekiti High 
Court issued a warrant for Fayose's arrest for the murder of Tunde 
Omojola, a former AC gubernatorial candidate who reportedly tried to 
stop Fayose from stealing a ballot box during local government 
elections in 2005.
    There were no developments in the 2007 case involving the former 
Plateau State governor Joshua Dariye, who was arrested and later 
released on bail for alleged corruption.
    There were no further developments concerning the July 2007 case of 
former Bayelsa State governor Diepreye Alamieyeseigha, who was arrested 
in 2005 on charges of money laundering, denied bail in 2006, pleaded 
guilty to six of the charges, was sentenced to 12 years in prison, but 
was released due to time already served. The court also ordered the 
confiscation and forfeiture of his assets, which allegedly consisted of 
six companies, nine properties located in several countries, and funds 
in excess of 2.4 billion naira (approximately $20.4 million).
    There were no laws providing for access to information, and the 
Government provided limited access in practice.
    On September 23, President Yar'Adua required approximately 70 
political office holders within the Presidency to take an oath of 
secrecy. Although a presidential spokesman downplayed the event as 
routine, NGOs and the press criticized the move as an attempt to limit 
transparency within 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 
generally were cooperative and responsive to their views; but the 
Government's capacity, and at times willingness, to follow through on 
necessary reforms was lacking.
    In September 2007 in an incident that observers described as a 
government effort to intimidate local civil society groups, the SSS 
detained and charged with espionage the American director of an NGO 
that worked to promote conflict management in the Delta region, her 
Nigerian colleague, and two German filmmakers for filming oil 
installations in the Delta. However, the Government later claimed that 
the filmmakers deliberately falsified their reason for entry into the 
country on their visa applications and were caught filming sensitive 
installations in the Delta without permission. In the process of trying 
to collect evidence, the SSS searched other NGO offices in the Port 
Harcourt area that were known to have a connection to the American. In 
November 2007 the attorney general filed a motion for the dismissal of 
the charges and all were released.
    Numerous domestic and international NGOs were active in the 
country. Significant NGOs included AI, Civil Society Legislative 
Advocacy Center, the Alliance for Credible Elections, the Open Society 
Institute, ActionAid, the Campaign for Democracy, the Center for Law 
Enforcement Education, the Committee for the Defense of Human Rights, 
Global Rights, Human Rights Watch (HRW), Women Trafficking and Child 
Labor Eradication Foundation (WOTCLEF), and the Women's Consortium of 
Nigeria. NGOs were generally independent of the Government although 
some, such as WOTCLEF, which the previous vice president's wife 
chaired, had close government ties.
    The Government frequently met with NGOs and civil society 
organizations; but few results came from their communications.
    International NGOs, including AI and HRW, as well as the UN Special 
Rapporteur on Torture, actively addressed human rights issues in the 
country during the year.
    The NHRC, which the Government tasked with monitoring and 
protecting human rights, had zonal affiliates in each of the country's 
six political regions. Since its inception, the NHRC's operations were 
limited by insufficient funding. The commission also lacked judicial 
authority and could only make nonbinding recommendations to the 
Government. The commission published an annual report detailing 
specific human rights abuses including torture, prison conditions and 
extra-judicial killings.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on 
community, place of origin, ethnic group, sex, religion, or political 
opinion; however, the Government did not enforce the law effectively.

    Women.--The law criminalizes rape and provides penalties of 10 
years to life imprisonment and/or 200,000 naira (approximately $1,560) 
fine, but societal pressures and the stigma associated with being a 
rape victim reduced both the percentage of rapes reported and the 
penalties imposed for conviction. The law recognizes spousal rape as a 
separate offense; however, spousal rape was difficult to prove in 
court, and no such prosecutions were reported during the year. Rape 
continued to be epidemic in universities. In 2006 AI issued a report 
criticizing the judicial system for a conviction rate of only 10 
percent of the total number of rape prosecutions. Although the 
occurrence of rape is widespread, the stigma attached to victims, 
rather than the attackers, deters many from reporting crimes or 
pressing charges as perpetrators are rarely brought to justice.
    The constitution provides for equality and freedom from 
discrimination; but there are no laws that criminalize gender-based 
violence, while some federal laws condone such violence. Domestic 
violence was widespread and often considered socially acceptable. 
Reports of spousal abuse were common, especially wife beating. Police 
normally did not intervene in domestic disputes, which seldom were 
discussed publicly. The Penal Code, Northern Nigeria law 1963 cap 89, 
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, speech, facial disfigurement, or life-threatening 
injuries. In more rural areas, courts and police were reluctant to 
intervene to protect women who formally accused their husbands of 
abuse, 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 agreed 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.
    Project Alert on Violence Against Women, a local NGO, initiated 
various outreach efforts to combat domestic violence. During the year 
they conducted training programs with the police in an effort to 
sensitize them to domestic violence, a ``Catch Them Young'' project 
that aimed to educate young people about physical and sexual abuse, and 
assisted faith-based organizations on providing counsel to victims of 
domestic abuse. Project Alert also maintained a shelter, called 
Sophia's Place, specifically for victims of domestic violence, which 
offered services such as counseling, legal aid, and skills acquisition. 
The Women's Rights Advancement and Protection Alternative was also a 
leading voice in the campaign on violence against women and 
continuously engaged in legislative advocacy for the passage of various 
bills on the protection of women's rights.
    AI estimated in 2005 that two-thirds of the women in certain 
communities in Lagos State experienced physical, sexual, or 
psychological violence in the family, with husbands, partners, and 
fathers responsible for most of the violence. Discriminatory laws 
exacerbated the problem. For example, the penalty for sexual assault of 
a man is more severe than the penalty for the same offense against a 
woman.
    The NDHS estimated that 19 percent of females had been subjected to 
FGM, although the incidence had declined steadily in recent years. 
While practiced in all parts of the country, FGM was much more 
prevalent in the southern region among the Yoruba and Igbo. Women from 
northern states were less likely to undergo the most severe type of 
FGM, infibulation. The age at which women and girls were subjected to 
the practice varied from the first week of life until after a woman 
delivered her first child; however, three-quarters of the NDHS 2003 
survey respondents who had undergone FGM had been subjected to it 
before their first birthday.
    The federal government publicly opposed FGM but took no legal 
action to curb the practice. Because of the considerable impediments 
that anti-FGM groups faced at the federal level, most refocused their 
energies on combating the practice at the state and local levels. 
Bayelsa, Edo, Ogun, Cross River, Osun, and Rivers states banned FGM. 
However, once a state legislature criminalized FGM, NGOs found that 
they had to convince the local government area 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, but financial and logistical obstacles limited 
their contact with health care workers on the harmful effects of FGM.
    During the year there were no known prosecutions resulting from a 
2005 Osun State law intended to punish persons who encouraged FGM. The 
law criminalizes the removal of any part of a sexual organ from a woman 
or girl, except for medical reasons approved by a doctor. According to 
the provisions of the law, an offender is any female who offers herself 
for FGM; any person who coerces, entices, or induces any female to 
undergo FGM; and any person who other than for medical reasons performs 
an operation removing part of a woman or girl's sexual organs. The law 
provides for a fine of 50,000 naira (approximately $385), one year's 
imprisonment, or both for a first offense, and doubled penalties for a 
second conviction.
    FGM often resulted in obstetrical fistula (a tearing of the vaginal 
area as a result of prolonged, obstructed labor without timely medical 
intervention) during childbirth as scar tissue from the cutting often 
opens and tears. Additionally, women who suffered from fistula were 
often victims of other forms of abuse and neglect. The three delays 
that caused most fistulas were: delay in seeking care; delay in 
reaching a health facility; and delay in receiving care. Overcoming the 
first two delays in many Nigerian homes is dependent on the husband or 
male relative permitting the women to seek skilled care and providing 
resources for transportation. Most fistulas resulted in the death of 
the baby and chronic incontinence in the woman. The social consequences 
of fistula included physical and emotional isolation, abandonment or 
divorce, ridicule and shame, infertility, lack of economic support, and 
the risk of violence and abuse. Fistula sufferers were often abandoned 
or neglected by their husbands and families and ostracized by their 
communities. Without treatment, prospects for work and family life were 
greatly diminished and the women were often left to rely on charity.
    Prostitution was pervasive, particularly in urban areas. There are 
statutes at both the federal and state levels criminalizing 
prostitution. All states that had adopted Shari'a had criminalized 
prostitution, and this ban was enforced with varying degrees of 
success. The police frequently used the antiprostitution statutes as 
tools for harassment, arresting prostitutes and holding them until they 
paid a bribe, but rarely prosecuting the cases in court. Corporate 
prostitution-the hiring of women as corporate employees in the formal 
sector to perform sexual acts to attract or retain clients to a 
company-was a problem, particularly in the banking industry.
    Sexual harassment was a common problem. There were no statutes 
against sexual harassment, but violent forms were adjudicated under 
assault statutes. The practice of demanding sexual favors in exchange 
for employment or university grades continued to be common. In some 
parts of the country, women continued to be harassed for social and 
religious reasons. Purdah, the cultural practice of secluding women and 
pubescent girls from unrelated men, continued in various parts of the 
north. Although women's movement was restricted during daylight hours, 
many women pursued economic and social activities outside the home in 
the evening.
    Women also experienced considerable economic discrimination. While 
there are no laws barring women from particular fields of employment, 
women often experienced discrimination under traditional and religious 
practices. The Nigerian NGOs Coalition expressed concern regarding 
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 many 
businesses operated with a ``get pregnant, get fired'' policy. Women 
remained underrepresented in the formal sector but played an active and 
vital role in the country's informal economy. While the number of women 
employed in the business sector increased every year, women did not 
receive equal pay for equal work. According to the Human Development 
Report 2007/2008 published by the United Nations Development Program, 
women earned only 40 percent of what men did 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.
    Although some women made considerable progress in both the academic 
and business worlds, women overall remained marginalized. 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.
    In some parts of the country, widows experienced unfavorable 
conditions as a result of discriminatory traditional customs and 
economic deprivation. ``Confinement,'' which occurred predominantly in 
the east, was the most common rite of deprivation to which widows were 
subjected. Confined widows were under social restrictions for as long 
as one year and usually were expected to shave their heads and dress in 
black as part of a culturally mandated mourning period. In other areas 
a widow was considered a part of her husband's property, to be 
``inherited'' by his family.
    Polygyny is legal and continued to be practiced widely among many 
ethnic and religious groups.
    Women in the 12 northern states were affected to varying degrees by 
Shari'a. In Zamfara State local governments enforced laws requiring the 
separation of Muslim men and women in transportation and health care. 
Kano State's 2005 ban prohibiting commercial motorcycle taxis from 
taking women as passengers remained in place; however, it was not 
strictly enforced.
    The testimony of women was given less weight than that of men in 
many criminal courts.

    Children.--The Government seldom enforced even the inadequate laws 
designed to protect the rights of children.
    Public schools continued to be substandard, and limited facilities 
precluded access to education for many children. The law calls for the 
Government, ``when practical,'' to provide free, compulsory, and 
universal primary education; however, compulsory primary education 
rarely was provided, and the numerous required school fees meant 
schooling was not free. A 2004 NDHS survey showed primary school net 
attendance rates of 64 percent for boys and 57 percent for girls, with 
approximately 96 percent of those attending completing five years of 
primary education. Secondary school net attendance was considerably 
lower, at 38 percent for boys and 33 percent for girls. 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 children to school, many girls were directed 
into activities such as domestic work, trading, and street vending. 
Many families favored boys over girls in deciding which children to 
enroll in secondary and elementary schools. The literacy rate was 58 
percent for men but only 41 percent for women.
    While most schools in the north traditionally separated children by 
gender, the law requires this practice in Zamfara, Sokoto, and Kebbi 
state schools. In August, Bauchi State banned coeducation at all junior 
and senior level schools. The law listed the need to fight teenage 
pregnancy and poor performance as justification. Private schools were 
exempt.
    To lessen the gap between boys' and girls' access to education, the 
UN Children's Fund (UNICEF) collaborated with the Government on a 
Strategy for Acceleration of Girls' Education in Nigeria, which 
resulted in the launch of the Girls' Education Project (GEP) in 2004. 
The GEP proved to be a successful pilot, and enrollment for girls 
improved as did attendance and retention rates. In 2007 the Government 
allocated 822 million naira (approximately $7 million) for the 
provision of water and sanitation facilities at schools. However, the 
GEP program ended in 2007, leaving the local governments responsible 
for maintaining the progress. During the year, the GEP was only 
implemented in a small number of schools in a few states.
    Girls and boys had equal access to government health care. However, 
girls were much more likely than boys to receive complete immunization 
series against childhood diseases. Complete immunization rates were 17 
percent for girls and 9.1 percent for boys.
    FGM was commonly performed on girls in southern areas of the 
country.
    Cases of child abuse, abandoned infants, child prostitution, and 
physically dangerous child labor practices remained common throughout 
the country. The Government criticized child abuse and neglect but did 
not undertake any significant measures to stop traditional 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 sexual assaults and rapes of young girls, 
especially in the north. On January 3, Kano State Deputy Police Chief 
Suleiman Abba reported an upsurge of child rape, noting that the 54 
recorded cases during the final six months of 2007 accounted for two 
thirds more than the number recorded for the first six months.
    Many children were homeless and lived on the streets. There were no 
known statistics on their numbers. Major factors that caused children 
to turn to the streets included instability in the home, poverty, 
hunger, abuse and violence by parents, and displacement caused by 
clashes in the community. HIV/AIDS also greatly increased the numbers 
of orphaned street children.
    In the north, an estimated two million children were ``almajirai,'' 
or children whose parents sent them from their rural homes to urban 
areas with the expectation that they would study and live with Islamic 
teachers. Instead of receiving an education, however, many almajirai 
became child beggars who were forced to work manual jobs or beg for 
money that was then turned over to their teacher. The religious leaders 
often did not provide the almajirai with sufficient shelter or food, 
and many of these children were effectively homeless. During the year 
the Government distributed 90 million naira (approximately $770,000) to 
15 states for the induction of Koranic education into the mainstream 
educational system. Officials at the Universal Basic Education agency 
reported that each participating state received six million naira 
($51,300) for the project which was targeted at the rehabilitation, 
integration, and education of the almajirai.

    Trafficking in Persons.--Although the law prohibits trafficking in 
persons, persons were trafficked to, from, and within the country.
    The country was a source, transit, and destination country for 
trafficked persons during the year. No government or NGO estimates on 
the extent of trafficking were available, but the magnitude of the 
problem was believed to be significant. This 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 largest segment of trafficking victims 
rescued by the National Agency for Prohibition of Trafficking in 
Persons (NAPTIP) came from Akwa Ibom and Edo states. In 2006 the 
executive director of the Women's Consortium for Nigeria stated that 
the country, and Ogun State in particular, was a strategic location for 
traffickers engaged in trafficking to, from, and within the country. In 
2005 the International Labor Organization (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 and domestic labor to Italy, Austria, Spain, 
Norway, Belgium, the Netherlands, Greece, the United Kingdom, Russia, 
and countries in West and Central Africa. UNICEF estimated between 
50,000 and 70,000 African female trafficking victims were in Italy for 
prostitution, of whom 70 percent were from Nigeria. 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 for the 
purposes of prostitution, sexual exploitation, and labor. There also 
were reports that trafficked children were used as camel jockeys in the 
Middle East. The country was a destination country for children 
trafficked for forced labor from other West African countries, 
primarily Benin. UNICEF estimated 5,000 Beninese children were 
trafficked into Abeokuta, Ogun State, and forced to work in the granite 
mines.
    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, and beggars.
    The UN Office of Drugs and Crime 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 pay. 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 
to threaten victims with curses to procure their silence. Victims were 
transported by air, land, and sea. Established land routes to Europe 
transited Benin, Togo, Ghana, Cote d'Ivoire, Guinea, Mali, Niger, 
Libya, and Morocco.
    Child trafficking increased in the southeast states of Abia, 
Ebonyi, and Enugu, specifically the selling of babies through illegal 
and unregistered hospitals and maternity homes. Many young girls, upon 
discovering they were pregnant, decided to enter these hospitals in 
order to make money from selling the baby. NAPTIP officials reported 
that the girls received 20-30,000 naira (approximately $170-$255) for 
selling the baby; the baby was then resold for 300-400,000 naira 
($2550-$3400) in illegal and undocumented transactions. Reportedly 
babies were sometimes sold to legitimate couples who wanted a child, 
but also many babies were sold for use in rituals during which they 
were killed.
    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. Prison terms range from 12 months to life, while fines 
range from 50,000-200,000 naira (approximately $375 to $1,500).
    NAPTIP, a 585-employee agency nationwide with 109 investigators and 
27 prosecutors dedicated to trafficking, bears primary responsibility 
for combating trafficking. The NPF and the Nigerian Immigration Service 
(NIS) also had antitrafficking units.
    On August 20, the federal government passed the National Plan of 
Action (NPA) on Trafficking In Persons that was presented initially to 
former President Obasanjo in 2006. The NPA is a broad framework of 
action that covers research, prevention, prosecution, and protection 
and requires coordination between government, law enforcement agencies, 
the legislature, NGOs. Despite the passage of the NPA, implementation 
had not begun by year's end as the Government continued to devote 
inadequate resources to curb trafficking. Enforcement efforts continued 
to improve, the number of trafficking cases investigated and prosecuted 
during the year increased, and recordkeeping improved as NAPTIP, NPF, 
and NIS roles were more clearly defined through a series of NAPTIP-
sponsored meetings, conferences, training sessions, and networking 
events. On September 4, NAPTIP, in association with the American Bar 
Association-Rule of Law Initiative, commissioned the Trafficking in 
Persons database, Very Small Aperture Terminal (VSAT) and solar power 
project. The database connected all NAPTIP zonal offices via VSAT with 
a solar-powered server, providing 24 hour access and operational 
capacity, despite frequent power outages. The database was established 
to allow law enforcement and civil society across the country to 
collect and collate data in an effective and efficient manner to better 
track both criminals and victims, enhancing both prosecution and 
protection.
    Preliminary data indicated that during the year NAPTIP investigated 
149 new cases, prosecuted 37 new cases, and obtained 20 convictions. At 
year's end there were 66 cases pending. Observers attributed the low 
conviction rate to witnesses' reluctance to testify and the slow 
progress of cases through the courts.
    The NPF Antitrafficking Task Force was established in 2005 and 
staffed 22 units in states with the worst trafficking problems. 
Officials complained of insufficient funding to support investigative 
field work.
    The Government increased collaboration on investigations with law 
enforcement agencies in the Netherlands, France, Spain, Italy, and 
Benin. Officials attended international workshops on trafficking, and 
the Government collaborated with Benin to arrest traffickers and 
repatriate trafficking victims. In August 2007 UNICEF and NAPTIP held a 
border coordination forum along the Nigeria-Benin border to discuss 
crossborder trafficking issues. During the year officials from NAPTIP 
conducted digital video conferences with Ghanaian officials and civil 
society members to instruct them on how Ghana's newly formed 
antitrafficking task force could best combat trafficking and create an 
agency similar to NAPTIP.
    On September 10, NAPTIP announced the arrest of 60 Nigerians in 
eight European countries for human trafficking. In coordination with 
international agencies, NAPTIP had co-organized Operation Koovis, which 
was carried out in Belgium, France, Spain, Italy, Ireland, Germany, the 
Netherlands, and Britain, where the offenders faced prosecution.
    Reports continued from informants and foreign officials that law 
enforcement officers and individuals in the immigration and airport 
authorities collaborated in trafficking persons across the country's 
borders. NAPTIP provided training to police and customs officials on 
trafficking. The law provides punitive measures for officials who aid 
or abet trafficking; however, NAPTIP and NPF found no evidence of 
official complicity, and no officials were prosecuted, tried, or 
convicted of trafficking-related charges. In 2006 one police inspector 
was arrested in Abuja for releasing two trafficking suspects after 
receiving specific orders to hold them, but he was later released due 
to lack of evidence.
    On November 12, the Government passed the National Policy on 
Protection and Assistance to Trafficked Persons in Nigeria which 
focused on the protection and rehabilitation of victims; but continued 
to provide limited funding for assistance. NAPTIP served as the point 
of contact for immigration and police officials when victims were 
found; 867 victims passed through the agency during the year. NAPTIP 
provided overnight shelter to victims, and agency officials connected 
victims to nongovernmental or international organizations for shelter, 
counseling, and reintegration assistance. NAPTIP maintained a hot line 
for victims and anyone seeking or wanting to provide information 
regarding trafficking. The hot line received approximately 77 calls 
during the year. During the year the Government helped victims in some 
cases to repatriate to their home countries and reunited trafficked 
children with their families.
    The Ministry of Employment, 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. In 2006 the ministry used funding from the ILO 
International Program on the Elimination of Child Labor (IPEC) to 
repatriate 350 trafficked child laborers to their countries of origin; 
however, this funding was not available for subsequent years, and the 
ministry did not repatriate any child trafficking victims during the 
year. The Government continued to operate the 120-bed shelter in Lagos, 
with involvement by the International Organization for Migration and 
the American Bar Association. NAPTIP also operated shelter facilities 
at secure locations in Abuja, Benin City, Uyo, Enugu, Sokoto, and Kano. 
The Ministry of Women Affairs operated two shelters, one in Kano and 
another in Benin City.
    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 
police officers worked together to provide assistance. NAPTIP organized 
``town hall'' meetings with NGOs to bring together community and 
traditional leaders, teachers, school children, and other groups to 
raise awareness of the dangers of trafficking, legal protections, and 
available resources. Several state governments in the south continued 
efforts to protect victims. An Edo State NGO, Idia Renaissance, 
operated a youth resource center, funded by UNICEF and foreign 
organizations, which provided job-skills training and counseling to 
trafficking victims and other youths. The Society for the Empowerment 
of Young Persons, with support from the American Bar Association, 
provided vocational training and business mentoring support to 
trafficking victims in Edo State.
    The stakeholder forum, established by NAPTIP in 2003 to conduct 
training of security and immigration officials and hold meetings with 
local government leaders to raise awareness of trafficking issues, was 
supposed to meet monthly in each state and quarterly in Abuja; however, 
involvement at the state level waned over the year. Two national forums 
were held in Abuja during the year, both with large attendance by law 
enforcement officials, ministerial and government representatives, NGO 
groups and diplomatic missions. NAPTIP officials met with several major 
traditional leaders to raise their awareness regarding trafficking and 
the antitrafficking law. NAPTIP also worked with the media to raise 
awareness among the public, and officials appeared on national talk 
shows and state programs. On August 5-6, NAPTIP conducted the First 
Anti-Human Trafficking Awareness Week in Abuja to celebrate the fifth 
anniversary of the agency and to launch the Red Card to Human 
Trafficking. The Red Card is an informational card for distribution 
that includes facts about trafficking and phone numbers for NAPTIP's 
zonal hotlines. Events consisted of press conferences, a charity walk, 
a two-day sensitization workshop, a benefit dinner, an awards dinner, 
and the launch of the Victims Trust Fund. The Government continued 
implementing the ILO/IPEC West Africa Cocoa Agriculture Project to 
prevent the trafficking or employment of children in commercial 
agriculture, especially cocoa production.
    State-level antitrafficking committees consisting of immigration 
officials, civil society organizations, law enforcement agents, and 
federal ministries existed in 26 states; but not all were active. These 
groups were charged with coordinating action in trafficking cases among 
their respective organizations. Several state governments continued 
significant prevention efforts during the year, including awareness 
campaigns among at-risk populations. NAPTIP's Public Enlightenment Unit 
conducted several awareness events throughout the country.

    Persons With Disabilities.--There are no laws that prohibit 
discrimination against persons with physical and mental disabilities in 
employment, education, access to health care, or the provision of other 
state services. There are no laws requiring physical accessibility for 
person with disabilities.
    Persons with disabilities faced social stigma, exploitation, and 
discrimination, and were often regarded by their own families as a 
source of shame. Children with disabilities who could not contribute to 
family income were seen as a liability, and in some cases were severely 
neglected. Many indigent persons with disabilities begged on the 
streets.
    The Government ran vocational training centers in Abuja and Lagos 
to train indigent persons with disabilities. Individual states also 
provided facilities to assist blind and otherwise physically 
incapacitated individuals to become self-supporting. Persons with 
disabilities established a growing number of self-help NGOs such as the 
Hope for the Blind Foundation in Zaria, the Kano Polio Victims Trust 
Association, the Joint National Association of Persons with 
Disabilities, and Comprehensive Empowerment of Nigerians with 
Disabilities.

    National/Racial/Ethnic Minorities.--The country's population was 
ethnically diverse and consisted of more than 250 groups, many of which 
were concentrated geographically and spoke distinct primary languages. 
There was no majority ethnic group; however the three major groups-
Hausa, Igbo, and Yoruba- jointly constituted approximately half the 
population. Ethnic discrimination 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 low rate of 
intermarriage across major ethnic and regional lines. There was a long 
history of tension among some ethnic groups.
    Many groups complained of insufficient representation in 
government.
    The law prohibits ethnic discrimination by the Government, but 
claims of marginalization continued, particularly by members of 
southern groups and Igbos. In particular the ethnic groups of the Niger 
Delta continued their calls for high-level representation on petroleum 
agencies and committees and within the security forces. The 
constitution requires that the Government have a ``national 
character,'' meaning that cabinet and other high-level positions are 
distributed to persons representing each of the 36 states. Traditional 
relationships continued to be used to impose pressure on individual 
government officials to favor their own ethnic groups for important 
positions and other patronage.
    In 2006 HRW published a report on discrimination against 
nonindigenes. While all citizens have the right to live in any part of 
the country, state and local governments frequently discriminated 
against those whose ethnic group was not judged to be indigenous to the 
area, occasionally compelling individuals to return to a part of the 
country where their ethnic group originated but to which they had no 
personal ties. The Government sometimes compelled nonindigenes to move 
by use of bulldozers, threats with clubs and torches, and 
discrimination in hiring and employment. When they were allowed to 
stay, these persons experienced discrimination including denial of 
scholarships and exclusion from employment in the civil service, 
police, and the military.
    In Plateau State, the Hausa and Fulani, most of whom were Muslim 
and considered nonindigenes, claimed to face significant discrimination 
from the local government in scholarships and government 
representation.
    Ethnic groups claimed environmental degradation and government 
indifference to their status in the oil-producing Niger Delta region. 
Groups continued to express unhappiness regarding the 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.
    Religious differences often mirrored regional and ethnic 
differences and resulted in numerous deaths and the displacement of 
thousands of persons during the year.
    Interethnic fighting in Warri, Delta State, continued to wane 
following a 2004 ceasefire.
    Interethnic fighting elsewhere displaced thousands of persons. For 
example, on October 2, Ebonyi State Governor Martin Elechi announced 
the immediate relocation of the Ezza-Ezillo community to Egu-Echara, a 
nearby village, for no less than 90 days. The governor also declared a 
dusk to dawn curfew and asked for military assistance to restore 
normalcy after months of continued violence. The tensions began on May 
10, when approximately 200 homes were razed due to a clash over control 
of the local market land. On November 27, ethno-religious fighting in 
Jos resulted in the killings of hundreds of persons and the 
displacement of thousands to makeshift camps, in which access to food, 
water, and other necessities was sporadic. Most of the displaced 
persons had vacated the camps and returned to their homes by year's 
end.
    Conflict over land rights continued among members of the Tiv, 
Kwalla, Jukun, and Azara ethnic groups living near the convergence of 
Nassarawa, Benue, and Taraba states.

    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 law, adults convicted of engaging in homosexual 
intercourse are subject to execution by stoning, although no such 
sentences were imposed during the year. Because of widespread taboos 
against homosexuality, very few persons were openly homosexual.
    On September 12, local newspapers Nation, Vanguard, PM News and the 
Sunday Sun published photos, names, and addresses of members of the 
House of Rainbow Metropolitan Community Church, a lesbian, gay, 
bisexual, and transgendered-friendly church in Lagos. Following 
publication, persons started harassing the 12 members. One woman was 
attacked by 11 men, while others were threatened, stoned, and beaten. 
No investigation was initiated by year's end.
    There were repeated delays in the trial of 18 men arrested in 
August 2007 by Bauchi State police and charged with ``addressing each 
other as women and dressing themselves as women,'' which is illegal 
under the Shari'a penal code. The men, all in their twenties, also were 
charged originally with sodomy, but the charges were later changed to 
``vagrancy'' under the Bauchi State Islamic code. All 18 accused 
remained free on bail at year's end, but no developments occurred in 
their trial.
    There was widespread discrimination against persons living with 
HIV/AIDS, which the public considered a disease resulting from immoral 
behavior. Persons living with HIV/AIDS often lost their jobs or were 
denied health care services. Public education campaigns were 
implemented to reduce stigma and change perceptions of the disease.
    In September the Bauchi State Agency for the Control of HIV/AIDS, 
Tuberculosis, Leprosy, and Malaria announced an initiative to pair up 
HIV-positive couples for marriage in an attempt to reduce the spread of 
the disease. The couples were introduced during counseling sessions and 
had the right to say yes or no to a partner suggestion. By year's end 
more than 70 HIV positive couples were matched and married. UNAIDS 
voiced concern over the plan due to the increased risk of passing the 
virus on to any children born and the possibility of leaving the 
children orphaned.
Section 6. Worker Rights
    a. The Right of Association.--The law provides all citizens with 
the right to form or belong to any trade union or other association for 
the protection of their interests, and while workers exercised this 
right in practice, some statutory limitations on the right of 
association and on trade unions restricted this right. Some of these 
restrictions were put in place to curb the practice of forming 
thousands of small unions with as few as three or four employees each.
    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. The 
Government's application of the ``essential worker'' designation was 
broad compared to the ILO definition. Employees working in a designated 
Export Processing Zone (EPZ) may not join a union until 10 years after 
the establishment of the enterprise.
    According to figures provided by the Michael Imoudu National 
Institute for Labor Studies, eight million workers belonged to unions. 
Approximately 60 percent of formal sector workers belonged to a union. 
With the exception of a small number of workers engaged in commercial 
food processing, the agricultural sector, which employed most workers, 
was not organized. The agriculture sector is considered both formal and 
informal. Farmers that produced at subsistence level are mostly 
considered informal; while commercial farmers, particularly plantation 
owners, government extension workers, and mechanized farmers, are 
mostly considered formal, since they pay wages. There is no law that 
forbids the informal sector from organizing, but it is a difficult 
group to define into recognized sectors, and as a result not easy to 
organize. Most workers in the informal sector operate through thrift 
and cooperative societies, which help with daily savings and loans to 
meet business needs.
    Trade union federations, now called ``central labor 
organizations,'' must be registered formally by the Government. Each 
federation must consist of 12 or more trade unions, and trade union 
membership in a federation must be exclusive. A minimum of 50 workers 
per enterprise is required to form a trade union.
    The law allows unions to conduct their activities without 
interference; however, the law also narrowly defines what union 
activity is legal.
    The law limits the right to strike to matters pertaining to breach 
of contract or wages and conditions of work, thereby prohibiting 
strikes over matters of national economic policy; however, the ILO 
ruled that this policy is contrary to ILO conventions. The Government 
chose not to enforce this provision of the law during the June 2007 
strike over fuel prices and other national policy issues.
    Workers outside the legally defined category of ``essential'' had 
the right to strike, although they were required to provide advance 
notice. A worker under a collective bargaining agreement cannot 
participate in a strike unless his union complied with the requirements 
of the law, which included provisions for mandatory mediation and for 
referral of the dispute to the Government. Workers can bring labor 
grievances to the judicial system for review; however, the courts did 
not ensure due process in the protection of workers' rights. Workers 
are specifically prohibited from forcing persons to join a strike or 
from closing airports or obstructing public by-ways. Stiff fines and/or 
prison sentences are imposed under the law. Despite this restriction, 
workers successfully closed airports during the June 2007 national 
strike without punitive reaction from the Government.
    There are no laws prohibiting retribution against strikers and 
strike leaders, but strikers who believed they were victims of unfair 
retribution could submit their cases to the Industrial Arbitration 
Panel (IAP), with the approval of the Labor Ministry. The IAP's 
decisions were binding on parties but could be appealed to the National 
Industrial Court. In practice the decisions of these bodies 
infrequently carried the force of law. Union representatives described 
the arbitration process as cumbersome, time-consuming, and an 
ineffective deterrent to retribution against strikers.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to both organize and bargain collectively 
between management and trade unions, and collective bargaining occurred 
throughout the public sector and the organized private sector. However, 
collective bargaining in the private sector was restricted.
    The Ministry of Labor is responsible for monitoring monitor and 
addressing reported cases of antiunion discrimination, but in most 
cases workers' fears of negative repercussions prohibited them from 
reporting antiunion activities.
    There were reported cases of Chinese employers failing to comply 
with labor laws pertaining to the protection of union organizing, 
especially in the construction sector.
    Workers and employers in EPZs were subject to sections of the 
national labor laws pertaining to EPZs, which provided for a 10-year 
prohibition on trade unions, strikes, or lockouts following the 
commencement of operations within a zone. In addition the law allows 
the Nigerian Export Processing Zones Authority, which was created by 
the federal government to oversee management and operations of EPZs, to 
handle the resolution of disputes between employers and employees, 
instead of workers' organizations or unions.
    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, including by children, there were 
reports that it occurred. Enforcement of the law was not effective in 
many parts of the country. During the year the Government undertook 
training and sensitization programs in several regions to improve 
enforcement.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Nigeria Labour Act sets a general minimum age for employment of 12 
years. Young persons under age 14 may only be employed on a daily 
basis, and must receive the day's wages at the end of each work day, 
and be able to return each night to their parents' or guardian's 
residence, but these regulations do not apply to domestic service. The 
Act also provides exceptions for light work in agriculture and 
horticulture for work in which the employer is a family member.
    For industries and work on vessels, where a family member is not 
employed, 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 states that children may not be employed in 
agricultural or domestic work for more than eight hours per day. 
Apprenticeship of youths at the age of 13 is allowed under specific 
conditions.
    High numbers of children worked as beggars, street peddlers, bus 
conductors, and domestic servants in urban areas. Children also worked 
in the agricultural sector and in mines. Boys were forced to work as 
bondage laborers on farms, in restaurants, small businesses and granite 
mines, street peddlers, and beggars; while girls were forced to work as 
domestic servants, street peddlers, and were exploited for commercial 
sex purposes. The 2005 UNICEF State of the World's Children report 
estimates that 39 percent of children aged five to 14 were involved in 
child labor (not necessarily exploitative) in the country. Similarly, a 
2003 study conducted by the Nigerian National Bureau of Statistics in 
conjunction with the International Labor Organization (ILO) estimated 
as many as 15 million children were working in Nigeria, with as many as 
40 percent of them at risk of being trafficked for forced labor. The 
same study estimated as many as two million children work more than 15 
hours a day.
    In addition to Nigerian children, there were reports of thousands 
of trafficked Beninese children forced to work in granite mines in 
Abeokuta, Ogun State. In Abakaliki, Ebonyi State, children could be 
seen from the road hammering down large pieces of rocks, bundling them 
into bunches, and carrying them on their heads; but there were no 
official statistics on their country of origin.
    The Ministry of Employment, Labor, and Productivity dealt 
specifically with child labor problems and had an inspections 
department responsible for enforcement of legal provisions relating to 
conditions of work and protection of workers. Although the inspectorate 
employed nearly 400 inspectors for all business sectors, there were 
fewer than 50 factory inspectors for the entire country. Complaints 
rarely were made by victims or their guardians due to intimidation and 
fear of losing their jobs. Labor inspections were mostly random, but 
occasionally occurred when there is suspicion, rather than actual 
complaints of, illegal activity. The ministry conducted inspections 
mostly in the formal business sector, where the incidence of child 
labor was not reported to be a significant problem. NAPTIP bears some 
responsibility for enforcing child labor laws, although it primarily 
rehabilitates trafficking and child labor victims.
    The Government's child labor policy focused on intervention, 
advocacy, sensitization, legislation, the withdrawal of children from 
potentially harmful labor situations, and rehabilitation and education 
for children following their withdrawal. The Ministry of Employment, 
Labor, and Productivity was responsible for enforcement of the law. 
During 2007 the ministry conducted 110 child labor inspections, 410 
regular labor inspections, and four comprehensive inspections. In 2006 
the ministry also trained approximately 120 labor inspection officers 
on child labor laws; trained 80 officers to perform inspections in 
high-risk activities in agriculture, mining, and the informal sector; 
and trained 20 officers to perform rapid assessment surveys in these 
critical sectors. As of year's end the exact amount of funding for 
continued training programs could not be confirmed; however, the 
ministry reported that 10 training and awareness raising programs and 
additional child labor staff were funded by the Government during the 
year.
    Public awareness of child labor increased, and the Government 
demonstrated its commitment to addressing the problem throughout the 
year. The federal government passed the Child Rights Act in 2003; but 
it required state level ratification for full implementation. Four 
states passed the law during the year: Akwa Ibom, Benue, Osun, and Edo; 
bringing the total to 20 states plus the FCT. The following states 
previously ratified the Child Rights Act: Abia, Anambra, Bayelsa, 
Delta, Ebonyi, Ekiti, Imo, Jigawa, Kwara, Lagos, Nasarawa, Ogun, Ondo, 
Oyo, Plateau, and Taraba. UNICEF continued work with stakeholders to 
ensure enforcement of the law in these states and advocate for passage 
in the others.
    In an effort to keep them from and withdraw children from the worst 
forms of child labor, the Ministry of Labor established and upgraded 
skills acquisition and vocational training centers.
    Private and government initiatives to stem the incidence of child 
employment continued but were ineffective. The Government continued to 
gradually implement the ILO/IPEC Sustainable Tree Crop Program (STCP) 
in the cocoa and other agricultural subsectors, a component of which 
was to sensitize farmers on hazardous child labor and child trafficking 
for labor exploitation issues. Akwa Ibom, Ondo, Cross River, and Abia 
states participated in the STCP during the year.

    e. Acceptable Conditions of Work.--The law sets a minimum wage, 
which was reviewed infrequently by a tripartite committee which 
provides recommendations to the National Assembly. 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, with a floor of 
at least the national minimum wage. Some federal ministries, states, 
and private sector companies raised their monthly minimum wage for all 
employees to 9,000 naira (approximately $71.42). However, there were 
complaints that the minimum wage was not being implemented in some 
states. Following the June national labor strike, the monthly minimum 
wage increased 15 percent to 8,625 naira ($68.45) with a 13-month year 
as the law mandates and extra month's pay for the Christmas holiday. On 
June 28, the National Union of Teachers began a nationwide strike which 
lasted almost two months, closing schools and sending pupils home. The 
union called for a standardized national wage structure and an increase 
in salaries to a living wage. The Government, through the Ministry of 
Labor and the Ministry of Education, refused to negotiate with the 
union, since teachers' wages are set at the state level. The Ministry 
of Employment, Labor, and Productivity is responsible for monitoring 
compliance with the minimum wage, which was strictly enforced for 
companies with more than 50 employees. When a company with fewer than 
50 employees was found to pay less than the minimum wage, the ministry 
reviewed the company's records to determine whether it was capable of 
paying the minimum wage and then issued a ruling.
    The law mandates a 40-hour workweek, two to four weeks' annual 
leave, and overtime and holiday pay, except for agricultural and 
domestic workers. The law prohibits excessive compulsory overtime for 
civilian government employees. Labor leaders reported that the law can 
be interpreted as prohibiting some forms of excessive, compulsory 
overtime; however, workplace health and safety conditions were not 
properly monitored, and enforcement was irregular due to insufficient 
police and factory inspectors. 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 Employment, Labor, and Productivity inspect factories for 
compliance with health and safety standards. However, this agency was 
greatly underfunded, lacked basic resources and training, and 
consequently did not sufficiently enforce safety oversight at most 
enterprises, particularly construction sites and other nonfactory work 
locations. The law requires employers to compensate injured workers and 
dependent survivors of those killed in industrial accidents; however, 
the law was not strictly enforced. The Factories Law provides for the 
protection of employees in hazardous situations, including the right to 
remove themselves from such situations; however, the law did not 
provide similar provisions for other workers.
    The labor laws apply to legal foreign workers, but not all 
companies respected these laws in practice.

                               __________

                                 RWANDA

    Rwanda is a constitutional republic dominated by a strong 
presidency. The population was approximately nine million. In 2003 
President Paul Kagame was elected to a seven-year term in largely 
peaceful but seriously marred elections. Chamber of Deputies elections 
took place on September 15 and were peaceful and orderly, despite 
irregularities. The Rwanda Patriotic Front (RPF) dominated the 
legislature, and the September elections further cemented its position. 
Civilian authorities did not always maintain effective control of the 
security forces, and security forces acted independently.
    Significant human rights abuses occurred, although there were 
improvements in some areas. Citizens' right to change their government 
was restricted, and local defense forces (LDF) personnel were 
responsible for four killings during the year. Violence against 
genocide survivors and witnesses by unknown assailants claimed at least 
16 lives. There were reports of torture and abuse of suspects, although 
significantly fewer than in previous years. Prison and detention center 
conditions remained harsh. Security forces arbitrarily arrested and 
detained persons. Prolonged pretrial detention was a problem, and 
government officials attempted to influence judicial outcomes, mostly 
regarding the community-based justice system known as gacaca. There 
continued to be limits on freedom of speech and of association, and 
restrictions on the press increased. The Government limited religious 
freedom, and official corruption was a problem. Restrictions on civil 
society, societal violence and discrimination against women, 
recruitment of child soldiers by representatives of a Democratic 
Republic of the Congo (DRC)-based armed group, trafficking in persons, 
child labor, and restrictions on labor rights occurred.
    On December 12, the UN Group of Experts on the Democratic Republic 
of Congo Report Pursuant to UNSCR Resolution 1807 reported that Rwandan 
authorities have supplied military equipment and been complicit in 
recruiting soldiers, including children, to support the Congolese rebel 
National Congress in Defense of the People, led by a former general of 
the Congolese Armed Forces, Laurent Nkunda. Also in December the 
Rwandan and Congolese governments met to develop a joint strategy to 
eliminate the Democratic Forces for the Liberation of Rwanda.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reported political killings by the Government or its agents; however, 
the LDF allegedly committed four unlawful killings during the year. The 
Government generally investigated security force killings and 
prosecuted perpetrators; however, no action was taken against police 
officers responsible for the 2007 shooting deaths of 22 criminal 
suspects.
    LDF personnel shot and killed local residents. For example, in 
July, in Kigali's Nyagatare sector, an LDF member shot and killed a 
university student fleeing an altercation. The LDF member was detained, 
but there were no details on the status of the investigation at year's 
end. Following the death of the student and three other killings by the 
LDF in a six-month period in the same district, police disarmed all LDF 
members in the district.
    Unidentified individuals reportedly killed several witnesses to the 
1994 genocide throughout the country to prevent testimony and undermine 
the gacaca process, which the Government established to address certain 
categories of crimes related to the genocide (See Section 1.e.).
    The Government investigated and prosecuted individuals accused of 
threatening, harming, or killing genocide survivors and witnesses or of 
exhibiting ``genocide ideology.'' A special protection bureau in the 
Prosecutor General's Office investigated 794 cases, 269 of which were 
filed in court.
    There were no further investigations of police for the shooting 
deaths of 22 criminal suspects between January and May 2007, despite a 
2007 Human Rights Watch (HRW) report asserting that many of the 
killings appeared to be extrajudicial executions and recommending an 
independent investigation and prosecution of perpetrators. The National 
Police claimed they had insufficient resources to increase training for 
officers, upgrade detention facilities, and acquire restraint devices, 
as recommended by a 2007 police report.
    There were no further developments after the 2007 police arrests of 
seven additional suspects in the reprisal killings of eight persons 
following the November 2006 killing of genocide survivor Frederic 
Murasira.
    In June four members of the Rwanda Defense Forces (RDF) were 
arrested for complicity in the 1994 murders of 15 civilians, 13 of whom 
were clergymen, in Kabgayi district in the Southern Province. Two of 
the officers pled guilty to the charges, and two denied guilt. In 
October the two officers who pled guilty were sentenced to eight years 
in prison for their role; the other two were acquitted.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit torture, and instances 
of torture and abuse of detainees and prisoners by police or prison 
officials were rare and not tolerated by officials, according to 
international observers and local human rights groups. A local 
nongovernmental organization (NGO) that assists torture victims 
confirmed that incidents and severity of abuse by authorities continued 
to decline. Authorities dismissed or disciplined some police officers 
for use of excessive force and other abuses during the year and 
transferred criminal cases for prosecution; however, impunity was a 
problem.
    There were reports that police beat and detained members of the 
Jehovah's Witnesses who refused to participate in nighttime security 
patrols.
    Isolated reports of torture and abuse by the LDF continued; 
however, unlike in the previous year, there were no reports of the 
collective punishment of residents by local authorities. In a July 2007 
report, HRW noted several cases in which local authorities collectively 
punished residents through fines, involuntary labor, or beatings, 
generally in cases where violence or threats had been reported against 
genocide survivors or witnesses.
    No action was taken against LDF members who in 2006 allegedly 
tortured a 17-year-old boy accused of theft in Muhanga District.
    There were reports that unknown assailants on occasion harassed and 
threatened journalists and citizens.
    Unlike in the previous year, there were no reports of injuries 
resulting from mob violence.

    Prison and Detention Center Conditions.--Conditions in prisons and 
detention centers were harsh. Individuals convicted of genocide-related 
offenses since gacaca hearings began nationwide in July 2006 comprised 
the majority of the approximately 59,000 prisoners in the country's 14 
prisons. Police in a few police detention facilities sometimes beat 
newly arrested suspects to obtain confessions, and in July a senate 
committee called for the closure of the Gikondo transit center, where 
street children, vagrants, and street sellers were held in substandard 
conditions (See Section 1.d.). The Government remained committed to 
improving prison and detention center conditions, and reports of abuse 
of prisoners and detainees continued to decline.
    The Government continued to improve prison healthcare but was 
unable to provide adequate medical treatment. The Government increased 
its food budget when in July it discontinued food contributions from 
family members of prisoners and instituted a prepaid canteen system 
that families could access. At year's end human rights groups 
monitoring the Government's ability to provide adequate nutrition to 
prisoners-especially those previously receiving family farm 
contributions-found no signs of malnutrition or other nutritional 
problems. Pregnant and breastfeeding prisoners, as well as female 
prisoners with small children, continued to receive food supplements 
from family members. The Government provided no food to prisoners in 
smaller jails or detainees in police stations awaiting hearings or 
transfers. Police regularly told crime victims that if they did not 
provide food to the accused, the accused would be released. Some 
prisoners transferred from police jails to national prisons had not 
been fed for several days.
    The International Committee of the Red Cross (ICRC) provided 
additional expertise and medical, logistical, and material support to 
improve conditions for inmates, including hygiene supplies, education 
programs, health monitoring, and construction programs to improve 
prison infrastructure.
    There were a number of deaths in prison during the year, largely 
the result of preventable diseases and suspected cases of HIV/AIDS. The 
Government operated HIV/AIDS counseling and treatment programs in five 
of the country's prisons, and prison deaths from preventable disease 
and other causes had stabilized at rates approximately similar to those 
found in the general population.
    National prison policy prohibits the hiring of prisoners to perform 
work at private residences and businesses. However, community service 
was often part of a prison sentence for those who confessed to 
genocide-related crimes, and prisoners may work (uncompensated) on 
community projects such as building roads and bridges. Prisoners 
charged with criminal offenses unrelated to the genocide were not 
eligible to volunteer for work details. Prisoners often volunteered for 
such details, which provided time away from overcrowded prisons and in 
some cases extra privileges.
    In some cases adult prisoners had access to the juvenile wards. 
There were reports of abuse of minors, both by other minors and by the 
adult prison population, especially among males.
    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. The remaining high-
profile political prisoner was kept in a special section of the Kigali 
``1930'' prison.
    The ICRC reported unimpeded access on an unannounced basis to the 
country's 14 prisons during the year. Local human rights NGO Rwandan 
League for the Promotion and Defense of Human Rights (LIPRODHOR) 
reported similar ease of access to all prisons and was granted 
accreditation for an entire year, in contrast to previous years in 
which they had to reapply every three months. The Government also 
permitted independent monitoring of prison conditions by diplomats and 
journalists. The ICRC continued its visits to communal jails and 
military-supervised jails.

    d. Arbitrary Arrest or Detention.--The constitution and law provide 
legal safeguards against arbitrary arrest and detention; however, 
security forces arrested and detained persons arbitrarily and without 
due process. Some police officers were disciplined and dismissed for 
such activities.

    Role of Police and Security Apparatus.--The RDF maintains external 
security. The Rwanda National Police (RNP), under the Ministry of 
Internal Security, has responsibility for internal security and is 
headed by a commissioner general and 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. During the 
year there were reports of arbitrary arrest, beatings, corruption, and 
lack of discipline within the police force. The police Office of 
Internal Affairs, which reports directly to the RNP commissioner 
general, investigated many of them.
    The Prosecutor General's Office under the Ministry of Justice is 
responsible for prosecuting police abuse cases. A special Internal 
Affairs Office conducted investigations. There were six internal 
investigations referred to the courts by the Office of Internal Affairs 
at year's end, and 60 officers received administrative punishment on 
various counts of indiscipline, including the solicitation of bribes, 
beating persons, and absconding from duty. During the year 44 police 
officers were fired for misconduct. Acts which rose to the level of 
criminal offenses were referred to the Prosecutor General's Office, and 
several prosecutions were underway at year's end. The RNP advertised a 
toll-free number in the local radio and press encouraging citizens to 
report problems regarding police and the LDF.
    During the year 305 officers received training on community 
relations, which included proper use of force and human rights; female 
officers participated in several RNP-sponsored workshops on 
professionalism and service provision.
    Members of local communities chose community volunteers to serve in 
the LDF, a statutorily established law enforcement organization of 
approximately 20,000 members under the Ministry of Local Government 
that assisted police. The RNP exercised tactical control of the LDF, 
while local officials had responsibility for operational oversight. LDF 
members performed basic security guard duties throughout the country, 
including maintaining a presence at gacaca proceedings. LDF members 
were ordinarily unpaid and received less training than RNP officers. 
They did not have powers of arrest, but in practice they made arrests 
on orders from local administrative officers and on their own. Among 
its various duties, the LDF chased illegal street vendors, petty 
criminals, and prostitutes away from public areas. There were reports 
that the LDF acted with impunity when dealing with street vendors, 
street children, vagrants, undocumented residents, and some religious 
groups. During the year the Government publicly warned the LDF against 
involvement in criminal activity, prosecuted LDF members who committed 
crimes, and disarmed LDF members after unauthorized use of firearms; 
however, some human rights groups accused the Government of not taking 
sufficiently strong action against some LDF members and considered the 
organization abusive.
    After LDF personnel shot and killed a student and three other 
persons during the year, police disarmed LDF members in the district 
(See Section 1.a.); in 2007 police removed weapons from LDF personnel 
in Musenze and Gicumbi districts after similar killings. The RNP began 
nationwide training and counseling to LDF members following such 
infractions, using military training facilities.

    Arrest and Detention.--The law requires that authorities 
investigate and obtain a warrant before arresting a suspect. Police may 
detain persons for up to 72 hours without a warrant, and prosecutors 
must bring formal charges within 10 days of arrest. These provisions 
were sometimes disregarded during the year. At times police used 
extrajudicial punishment when minor criminals confessed and the victims 
agreed to the police officer's recommended penalty, such as week-long 
detention or restitution. The law permits investigative detention if 
authorities believe that public safety is threatened or that the 
accused might flee. There is bail for minor crimes (with a maximum 
sentence of five years); authorities may otherwise 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. Family 
members generally were promptly allowed to visit detained relatives. By 
law detainees are allowed access to lawyers, although are not allowed 
formal representation in the gacaca process. In practice, however, 
access to legal representation was impeded by the scarcity of lawyers 
(there were only 305 attorneys in the country, and most were located in 
Kigali). The Government did not provide indigent persons with free 
access to lawyers, but a Legal Aid Forum composed of 36 organizations, 
including domestic and international NGOs, the Bar Association, and 
university law faculties, provided legal aid services to indigent and 
vulnerable groups. Such resources were insufficient to provide lawyers 
to every indigent person. One international NGO also provided limited 
access to defense counsel outside the forum and assisted more than 
1,200 clients during the year. The law requires the Government to 
provide minors with legal representation, which judicial observers 
cited as a factor in juvenile trial delays.
    Security forces briefly detained several opposition campaign 
workers prior to the September 15 Chamber of Deputies elections (See 
Section 3).
    Security forces also arbitrarily arrested members of Jehovah's 
Witnesses during the year and attempted to arrest at least one 
journalist (See Sections 2.a. and 2.c.).
    The Government enforced ill-defined laws against vagrancy and 
illegal street vending. On several occasions police and the LDF 
detained street children, vendors, beggars, and undocumented 
nonresidents in Kigali, Butare, and other larger towns and charged them 
with illegal street vending or ``vagrancy.'' Adults who could produce 
identification were released. Street children were transported directly 
to their home districts, to government-run or government-affiliated 
shelters, or for processing into vocational and educational programs.
    In 2007 the Kigali municipal government reopened the Gikondo 
transit center, which was closed in 2006 after an HRW report detailed 
substandard conditions and abuses, including inadequate food and 
beatings of the street children, vagrants, and street vendors 
temporarily detained in the facility. Government officials asserted 
that persons placed in the facility were held for no more than one to 
three weeks at a time. However, relatives of those detained were 
commonly denied access, and detainees sometimes waited several months 
before release. In July a senate committee publicly investigated and 
released a report on street children and called for the closure of the 
transit center, citing detainees with children under a year old and 
detentions of up to six months. The report added that Gikondo did not 
provide necessary social services and violated the rights of detainees.
    Lengthy pretrial detention, including the detention of persons 
whose unresolved cases dated from 1994, was a serious problem and a 
consequence of the large number of persons suspected of committing 
genocide who continued to be held in prisons and detention centers. 
(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, which began operating nationwide in 2006.) Primarily 
as a result of the March 2007 gacaca law that moved thousands of the 
less severe genocide cases from the prisons to the gacaca courts, the 
Government made significant progress in reducing the case backlog. The 
continuing efforts of the National Service of Gacaca Jurisdictions to 
expedite genocide-related cases also helped reduce the backlog. The 
majority of convicted prisoners (those who had confessed their genocide 
crimes) were sent home to their families, with actual prison time to be 
served after the suspended and community service portions of their 
sentences had expired. After reaching a high of 98,000 prisoners in 
June 2007, the prison population leveled off and began to decline as 
the Government began to examine the cases and release those prisoners 
who had previously confessed to genocide crimes.
    By the end of 2007, the prison population stood at approximately 
59,000 and continued at that level throughout the year. As of October 
the prison population consisted of 43,376 convicted prisoners 
(including 34,141 genocide prisoners and 9,235 ordinary prisoners) and 
15,935 criminal suspects (including 2,846 genocide suspects and 13,089 
ordinary suspects).

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the judiciary operated in most cases 
without government interference; however, there were constraints on 
judicial independence. Government officials sometimes attempted to 
influence individual cases, primarily in gacaca cases. There were 
reports that some members of the executive branch considered it 
appropriate to call judges to discuss ongoing cases privately and to 
express executive preferences.
    During the year the country passed a constitutional amendment that 
reduces most judicial appointments from life to four or five years, 
potentially limiting judicial independence.
    In its July report entitled Law and Reality: Progress in Judicial 
Reform in Rwanda, HRW cited continuing lack of judicial independence 
and concerns about basic trial rights, including the presumption of 
innocence, the right to present defense witnesses, the right to equal 
access to justice, and the right to protection from double jeopardy. 
Among its recommendations, HRW suggested that ``the legislature revise 
the penal code to make intimidating or tampering with witnesses or 
judicial personnel a crime'' and that ``the Government order government 
officials to end interference in judicial proceedings.''
    The three International Criminal Tribunal for Rwanda (ICTR) panels 
considering case transfers to Rwanda and a British court evaluating an 
extradition request by the Government of several genocide suspects 
found adequate judicial independence in the country. The ICTR panels 
nevertheless denied case transfer, citing fair trial concerns, 
including inadequate witness protection and improper sentencing 
guidelines.
    In October the Military Court in Kigali acquitted two senior RPF 
officers for the June 1994 killings of 15 civilians, including high 
officials of the Catholic Church; the case had been referred by the 
prosecutor for the ICTR. The two junior RPF officers who pled guilty to 
the crimes were given reduced sentences of eight years on grounds that 
the crimes were not premeditated. The prosecutor appealed the decision 
to a higher court.
    During the year the Ombudsman's Office conducted several dozen 
investigations into judicial corruption and referred them to the 
Prosecutor General's Office. Several judges and court registrars were 
dismissed for abuse of office or corruption after investigations by the 
judicial council, a body charged with oversight and discipline of the 
judicial branch.
    The constitution provides for the adoption of a system of ordinary 
and specialized courts. Ordinary courts include the Supreme Court, the 
High Court, provincial courts, and District Courts. Specialized courts 
include gacaca courts and military courts. During the year the 
Government established commercial courts to address a backlog of 
commercial disputes.
    By year's end there were 47,000 criminal and civil cases pending in 
the regular courts; approximately 39,000 such cases were pending at the 
end of 2007.

    Trial Procedures.--In the conventional court system, the law 
provides for public trials, although courts closed proceedings in cases 
involving minors, to protect witnesses, or at the request of 
defendants. The law provides for a presumption of innocence, although 
the Government sometimes restricted this provision, according to HRW. 
Juries are not used. Defendants have the right to be present, question 
witnesses used against them, and to present witnesses and evidence on 
their own behalf. Defendants have the right to consult with an 
attorney, although few defendants could afford counsel. The law 
provides for the right to appeal, and this provision was generally 
respected. Lawyers without Borders continued to provide legal 
assistance to some indigent defendants and to train gacaca judges but 
lacked the resources to provide defense counsel to all those in need. 
The law does not provide for an attorney at state expense for indigent 
defendants. Defendants and their attorneys have access to government-
held evidence relevant to their cases. 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 period of time.
    The RDF routinely tried military offenders in military courts, 
which handed down sentences of fines, imprisonment, or both. Military 
courts provided defendants with an attorney at public expense, and 
defendants have the right of appeal and had access to government-held 
evidence relevant to their cases. The law stipulates that military 
courts should try civilian accomplices of soldiers accused of crimes. 
Military courts tried 48 civilians as co-perpetrators or accomplices of 
military personnel during the year.
    Gacaca courts served as the Government's primary judicial process 
for adjudicating hundreds of thousands of genocide cases and were 
created to ensure that those who participated in the genocide were 
brought to trial. (The Government estimated that adjudicating the 
caseload in conventional courts would have taken decades.) Defendants 
in gacaca courts can present witnesses and evidence on their own 
behalf, although witnesses were sometimes reluctant to testify for fear 
of reprisals, mainly in the form of accusations of complicity in the 
alleged crimes at issue. Defendants can appeal gacaca proceedings at 
sector-level courts. Lawyers are not permitted to participate 
officially in gacaca but can testify as private citizens.
    Genocide law is designed to encourage confessions in exchange for 
reduced sentences for individuals accused of genocide-related crimes 
other than Category I crimes (the most severe crimes, including rape, 
murder, genocide instigation, or playing a leadership role in the 
genocide). The majority of individuals charged with genocide-related 
crimes have been classified as Categories II or III, and their cases 
were either tried in gacaca courts (Category II cases) or settled 
through gacaca mediation (Category III cases). In March 2007 the 
Government passed legislation to lessen overall sentences and increase 
the suspended sentence and community service portions of those 
sentences. The March 2007 sentencing guidelines, which were created to 
alleviate prison overcrowding, allow all persons convicted by gacaca 
courts to serve their community service and suspended portions of their 
sentences first, resulting in the release of thousands of prisoners, 
some of whom had been held since 1994. Prisoners who confess can go 
home, serve their jail sentences later, and may serve no more than one-
sixth of a 15- or 20-year sentence; suspects who do not confess may be 
sentenced to decades in jail.
    In June the law was further amended to move approximately 6,900 
Category I cases-most involving rape-from regular courts to the gacaca 
system. The law also provides for the transfer of approximately 1,200 
genocide Category I cases already begun in the regular courts to the 
gacaca courts. The law provides for the commutation of custodial 
sentences and replaces remaining jail terms with community service once 
the original community service portion of a sentence is completed.
    By year's end gacaca officials claimed that more than 99 percent of 
the genocide-related cases dating back to 2002, when the first gacaca 
courts began operating, had been completed in gacaca courts, and under 
10,000 remained to be heard under the statute revised in June.
    There were 169,442 gacaca judges (seven per cell-level gacaca 
court), or ``persons of integrity'' elected by the community and 
provided with gacaca law training, serving in 12,103 cell-level gacaca 
courts across the country. There were 1,545 appellate courts that heard 
appeals from the 3,000 gacaca trial courts.
    During the year one lawyer fled the country as a result of threats 
or harassment by unknown persons resulting from his defense of persons 
accused of genocide or related crimes; one fled in 2007.
    Some gacaca judges denied defendants the right to present witnesses 
and ordered the imprisonment of those who questioned the impartiality 
of gacaca judges. Poorly qualified or trained judges and ill-defined 
guidelines on evidence and hearsay were problems. During the year there 
were reports that local gacaca officials and citizens abused the 
process to pursue personal matters and settle grudges unrelated to the 
genocide, including making false accusations to acquire land.
    Unlike in the previous year, no gacaca judges were implicated in 
the genocide and subsequently replaced. Some government officials 
reportedly unduly influenced gacaca judges during the course of 
hearings, although there were far fewer such reports than in previous 
years.
    Because the Government has not authorized gacaca courts to consider 
human rights abuses allegedly committed by the RPF during the 1994 
genocide, some human rights groups criticized the gacaca courts for 
representing a form of incomplete or one-sided justice and for being 
biased against those who acted on behalf of the former government. HRW 
claimed that only 32 soldiers had been brought to trial for crimes 
committed against civilians during the genocide and attributed the 
number to government reluctance to try RPA soldiers for such crimes. 
The Government, which claimed 46 soldiers had been prosecuted, 
countered that RPF abuses have been addressed by requisite civil and 
military authorities and that such abuses could not be equated with the 
genocide. In June the Government brought charges against four former 
RPA soldiers for their alleged role in the deaths of 15 civilians in 
Kabgayi in June 1994. Two of the officers were sentenced to eight years 
in prison after pleading guilty; two were acquitted (See Section 1.a.).
    Most gacaca hearings were held without incident, but violence and 
threats of violence-usually perpetrated by persons accused of crimes 
related to genocide-against genocide witnesses were serious problems. 
Some citizens were too frightened to testify in gacaca courts; however, 
unlike in the previous year, there were no reports of suicides among 
genocide survivors. The Government reported that 16 genocide survivors 
and witnesses were killed in attacks during the year; the survivors' 
organization Ibuka reported 22 killings of survivors from January 
through December. Conventional courts handled the cases of hundreds of 
persons accused of participating in the killing, injuring, or 
threatening of witnesses, survivors, and judges. During the year police 
processed 794 cases involving such violence against survivors and 
witnesses, 269 of which were filed in court, and 340 cases of 
``divisionism'' (a poorly defined term commonly used in relation to the 
offense of sectarianism), 140 of which were filed in court; nearly all 
cases involved gacaca proceedings. The Government also continued to 
conduct criminal investigations of organized groups that targeted and 
killed genocide witnesses in certain provinces. Criminal investigations 
resulted in the prosecution of some persons.
    The Government held local communities responsible for protecting 
witnesses and relied on the LDF, local leaders, police, and community 
members to ensure the safety of witnesses. A task force to monitor 
genocide survivors continued efforts to enhance surveillance of 
genocide survivors deemed most at risk and genocide suspects considered 
most likely to: commit violent attacks; increase joint patrols in rural 
areas by survivors and security personnel; use preventive detention of 
genocide suspects to prevent attacks deemed imminent by security 
officials; expand hot lines; and expedite gacaca hearings for those 
cases deemed most likely to involve the risk of violence against 
survivors and witnesses.
    Ibuka, an umbrella association for genocide survivors, criticized 
the Government for not doing enough to prevent such killings. IBUKA 
also continued to call for increased cooperation between gacaca courts, 
police, conventional courts, and mediators and for the creation of a 
survivors' compensation fund.
    There were continuing concerns among observers and analysts over 
what was believed to be a sizable number of gacaca cases in which 
persons had provided false testimony, despite the penalties for such 
conduct. Some human rights observers expressed concern that suspects 
confessed to avoid lengthy prison terms. There also were reports during 
the year that some persons had been tried in both conventional and 
gacaca courts for the same crimes.
    The March 2007 amendments to the gacaca law dropped the previous 
provision that anyone convicted of a Category I or II genocide-related 
crime is no longer eligible to vote. However, those convicted of 
Category I or II crimes may not run for public office or hold certain 
positions, such as soldier, police officer, prosecutor, or community 
leader. In anticipation of legislative changes to the Electoral Code, 
the National Electoral Commission in early summer allowed 300,000 
voters convicted of Category III genocide crimes to register to vote in 
the September parliamentary elections. In August the Parliament changed 
the Electoral Code to allow these Category III persons to vote.
    During the year the National Unity and Reconciliation Commission 
released the results of a survey on the gacaca process and national 
unity and reconciliation. The overwhelming majority (99 percent of the 
general population and 92 percent of survivors) expressed the belief 
that the gacaca process ``is an essential step toward peace and 
reconciliation in Rwanda,'' and 98 percent of the general population 
reported gacaca ``is a more effective way'' to deal with genocide 
crimes than the formal court system.
    The ICTR, based in Tanzania, continued to prosecute genocide 
suspects during the year (See Section 4).

    Political Prisoners and Detainees.--Local human rights NGOs 
reported that local officials briefly detained some individuals who 
disagreed publicly with government decisions or policies.
    Former transport minister Ntakirutinka was sentenced to 10 years' 
imprisonment in 2004 in a trial that did not meet international 
standards; he was charged with incitement of civil disobedience, 
formation of a criminal association, and embezzlement of public funds. 
Ntakirutinka and former president Bizimungu, who was released in 2007, 
had sought to establish the Party for Democratic Renewal. The 
Government permitted the ICRC access to Ntakirutinka.

    Civil Judicial Procedures and Remedies.--The judiciary was 
generally independent and impartial in civil matters. There are 
mechanisms for citizens to file lawsuits in civil matters, including 
violations of their constitutional rights. The Office of the Ombudsman 
processes claims of judicial wrongdoing on an administrative basis. 
There continued to be problems enforcing domestic court orders.

    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The constitution and law prohibit such practices, and 
authorities generally respected these prohibitions; however, there were 
some reports that the Government monitored homes and telephone calls.
    Due in part to the insurgency in the late 1990s, government policy 
requires male citizens above the age of 18 to participate in night 
watch patrols. During the year the Government sometimes arrested, 
detained, and allegedly beat individuals who refused to participate 
(See Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press ``in conditions prescribed by the 
la.''; however, the Government at times restricted these rights by 
enforcing overly broad and vaguely defined laws, excluding journalists 
from government events, and expelling foreign journalists. Press 
freedom decreased during the year. While the press regularly published 
articles critical of senior government officials and government policy, 
the Government continued to harass, convict, fine, and intimidate 
independent journalists who expressed views that were deemed critical 
of the Government on sensitive topics or who were believed to have 
violated law or journalistic standards monitored by a semi-independent 
media regulatory council. Numerous journalists practiced self-
censorship.
    The law prohibits the propagation of discrimination or sectarianism 
based on ``ethnic, regional, racial, religious, language, or other 
divisive characteristics.'' Public incitement to what is commonly 
termed ``divisionism'' is punishable by up to five years in prison, 
heavy fines, or both. Individuals could criticize the Government 
publicly or privately on most topics; however, the laws prohibiting 
divisionism, genocide ideology, and genocide denial continued to 
discourage citizens from expressing viewpoints that might be construed 
as promoting societal divisions. Other statutes forbid criticism 
``attacking the dignity of a high authority.'' During the year the 
expression of such viewpoints sometimes resulted in imprisonment, 
harassment, or intimidation.
    In April a Catholic priest was sentenced to 30 days in prison for 
comments that could be construed as negating the 1994 genocide (See 
Section 2.c.).
    There were both private and government-owned newspapers, published 
in English, French, and Kinyarwanda. The New Times, an English-language 
paper with close ties to the Government and whose shareholders 
reportedly included senior government officials, was the only newspaper 
published daily. There were 36 newspapers, journals, and other 
publications registered with the Government. The country's 
sporadically-published independent newspapers-including Umuseso, Umuco, 
and Umuvugizi-maintained positions contrary to or critical of the 
Government, including pointed criticism of the performance of senior 
government ministers and President Kagame. The New Times also 
criticized government policies and officials. Some journalists said 
government officials pressured government institutions to withhold 
advertising from independent newspapers that criticized the Government. 
Journalists from international media outlets reported being denied 
access to cover certain government events and difficulty reaching 
officials.
    During the year the Government either prosecuted or expelled 
members of the press from the country for articles deemed in violation 
of the divisionism statute, the press law, or other articles of the 
criminal code.
    For example, in July the Directorate of Immigration and Emigration 
deported Umuseso chief editor Furaha Mugisha, claiming that he was a 
Tanzanian with fraudulent Rwandan identity papers illegally living and 
practicing journalism in the country.
    On May 2, the Government expelled three local journalists-Charles 
Kabonero of Umuseso, Jean Bosco Gasasira of Umuvugizi, and Jean Gaubert 
Burasa of Rushyasha-midway through a government event celebrating World 
Press Freedom Day. The three and Bonaventure Bizumuremyi of Umuco were 
subsequently excluded from covering government events.
    The Government continued to use a media law that imposes criminal 
sanctions on the media for libel and other forms of defamation to 
suppress criticism and limit press freedom.
    For example, in February local journalists Charles Kabonero and 
Didas Gasana were convicted of libel for critical articles written 
about a prominent businessman. They were given a one-year suspended 
sentence and issued a fine. The journalists appealed, and the case had 
been postponed indefinitely at year's end.
    In March Umuco editor Bizumuremyi fled the country after his 
newspaper ran side-by-side photos and an article equating President 
Kagame with Adolf Hitler. The Rwanda Media Ethics Committee and the 
High Council of the Media (formerly named the High Council of the 
Press) called for the suspension of the publication. Police raided his 
residence seeking his arrest, and the RNP spokesman publicly called for 
assistance in apprehending Bizumuremyi on defamation charges. His 
whereabouts were unknown at year's end. In April 2007 the Government 
began prosecuting Bizumuremyi for defamation, divisionism, and 
disobeying public authorities stemming from 2005 and 2006 Umuco 
articles that ``insulted President Kagame,'' and also from 
Bizumuremyi's noncompliance with a police summons in 2006.
    Police harassed, intimidated, and detained journalists for 
questioning. For example, in October police and immigration officials 
seized an edition of Umuco at the country's border with Uganda (many 
papers are printed in Kampala) and held the chief editor for 
questioning for several days. Umuco was not published after October.
    In January Umurabyo editor Agnes Nkusi-Uwimana, who was arrested in 
January 2007 for divisionism, defamation, and passing a bad check, was 
released from prison after serving a one-year sentence.
    In October former Radio Rwanda journalist Dominique Makeli, who had 
been held since 1994 for inciting genocide in his reporting, was 
released from prison.
    There were no developments in the September 2007 legal action taken 
by the Weekly Post against the former minister of information who 
closed the publication after one issue, citing irregularities in its 
application for registration.
    The High Council of the Media, which reports to the Office of the 
President and has four government representatives among its nine 
members, occasionally requested clarification from journalists on 
articles that potentially violated the media law or criminal libel 
statutes. Press freedom advocates continued to criticize the council 
for its lack of independence and for monitoring journalists while 
failing to defend their rights or to investigate possible infringements 
of press freedom. The council occasionally sent representatives to 
accompany journalists called by the police for questioning.
    According to some journalists, government officials pressured 
government institutions and local businesses to withhold advertising 
from newspapers critical of the Government, affecting the newspapers' 
revenue. Print media often published abroad to avoid more expensive 
local publishing costs.
    The law authorizes private radio and TV broadcasting, subject to 
the approval of the Government, although some have complained that the 
licensing fees remained prohibitively high. Although the Government 
authorized the licensing of private television stations, it owned and 
operated the country's only television station. In addition to Radio 
Rwanda, which was owned and operated by the Government, there were four 
community radio stations, five religious stations, one university 
station, and four independent FM radio stations broadcasting during the 
year, focused primarily on music and talk shows. Foreign media groups, 
including Voice of America (VOA), the BBC, and Deutsche Welle broadcast 
throughout the year and were among the few stations in the country that 
regularly broadcast independent news; however, journalists from the BBC 
and VOA Kinyarwanda radio services were sometimes not allowed to 
operate freely after a September cabinet decision to exclude them from 
government events.
    Radio stations broadcast increased criticism of government policies 
during the year, including through the use of popular citizen call-in 
shows featuring criticism on local government, health, media, gacaca, 
and other issues.
    Radio France Internationale, which was closed after the November 
2006 break in diplomatic relations with France, remained closed during 
the year.
    In some cases journalists were harassed and threatened by 
unidentified individuals. For example, several journalists reported 
receiving threatening telephone calls from unidentified individuals or 
being followed by unknown vehicles. One journalist said he was falsely 
accused of rape; the accusation was dropped by the alleged victim when 
other witnesses disputed the claim.

    Internet Freedom.--There were no government restrictions on the 
Internet or reports that the Government monitored e-mail or Internet 
chat rooms. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. Internet 
cafes were common and used regularly in the largest towns, although the 
Internet was generally unavailable to the majority of people living in 
rural areas.

    Academic Freedom and Cultural Events.--The Government generally did 
not restrict academic freedom or cultural events; however, there were 
several reports of authorities suspending secondary school students on 
accusations of engaging in genocide ideology. The National University 
of Rwanda expelled two students accused of divisionism and genocide 
ideology in June.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice; however, 
there were some exceptions. Authorities legally may require advance 
notice for outdoor rallies, demonstrations, and meetings.
    Local government officials reportedly prevented opposition meetings 
preceding the September 15 Chamber of Deputies elections.
    The Government continued to limit the type of locations where 
religious groups could assemble, at times citing municipal zoning 
regulations as the reason. Authorities also reportedly prohibited 
nighttime meetings of some religious groups (See Section 2.c.).

    Freedom of Association.--The constitution provides for freedom of 
association; however, the Government limited this right in practice. 
Private organizations were required to register, and the Government 
generally granted licenses without undue delay; however, there were 
some exceptions. The Government restricted political party activities 
by requiring membership in the Political Party Forum.
    The Government generally imposed difficult and burdensome NGO 
registration and renewal requirements, as well as time-consuming 
requirements to submit annual financial and activity reports.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and other laws and policies contributed to the generally free 
practice of religion; however, there were some exceptions. Local 
government officials detained members of Jehovah's Witnesses for 
refusing to participate in security patrols and fired Jehovah's 
Witnesses teachers for not participating in government-sponsored 
solidarity camps.
    The law requires that all nonprofit organizations, including 
churches and religious organizations, register with the Ministry of 
Local Government and the Ministry of Justice to acquire the status of 
``legal entity.'' There were reports that some religious organizations 
operated without legal recognition because the registration process was 
arduous, which government officials confirmed. Members of unregistered 
groups were vulnerable to censorship and possible detention. The 
Government did not deny any new applications during the year.
    In April Catholic priest Edward Sentarure was sentenced to 30 days 
in prison for comments that could be construed as negating the 1994 
genocide.
    The Government continued to require religious groups to hold 
services at their established places of worship and to ban the use of 
private homes for this purpose. Some small religious groups that met in 
private homes were forced to move to new locations.
    In July police briefly arrested 112 residents, including women and 
children, in Rusizi District for holding night prayers in a private 
home.
    There were reports of police detaining and arresting members of 
Jehovah's Witnesses because they refused-on religious grounds-to 
participate in nighttime security patrols. Two individuals were also 
beaten for refusing to participate in these patrols. Such abuses 
occurred despite a 2005 government ruling that the Prosecutor's Office 
had wrongly applied to religious groups a law requiring some form of 
community work.
    For example, on June 5, police arrested and detained four members 
of Jehovah's Witnesses while they were in local government offices 
waiting to get their identity cards; they were informed the arrest was 
a result of their failure to participate in nighttime security patrols. 
At a July 15 court hearing, their attorney argued that the four had 
performed alternative community work, pursuant to an agreement with the 
Government, and that the arrest and detention had been illegal. On July 
16, the High Court in Gisenyi ruled that the four should be released, 
which occurred on July 18.
    On two occasions in August local authorities briefly detained 
between 70 and 150 members of Jehovah's Witnesses, including women and 
children, for ``congregating'' at night and consequently not 
participating in evening patrols. Both groups were released without 
charge the next morning. There was one report of two members of 
Jehovah's Witnesses being arrested and held for four days in Nyanza for 
failure to provide evidence they had voted in the September 15 
legislative elections.
    In April 215 Jehovah's Witnesses teachers were fired for failing to 
participate in government-sponsored solidarity camps on religious 
grounds. None of the teachers had been reinstated by year's end, and 
some reported difficulty finding alternative employment as a result of 
the incident.
    Church officials reported that since May 2, 112 children of 
Jehovah's Witnesses were expelled from school for refusing to sing the 
national anthem. None had been readmitted by year's end, despite 
repeated attempts by church officials to engage government officials.
    Government officials presiding over wedding ceremonies generally 
required couples to take an oath while touching the national flag, a 
practice that members of Jehovah's Witnesses objected to on religious 
grounds. This practice made it difficult for church members to marry as 
they had to find officials willing to perform the ceremony without the 
flag requirement.
    During the year government authorities and Jehovah's Witnesses 
leaders continued to address problems and misunderstandings through a 
collaborative mechanism begun in 2005. However, church leaders 
reportedly found officials less willing to respond to their concerns, 
particularly regarding the fired teachers.

    Societal Abuses and Discrimination.--There was a very small Jewish 
community, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice.
    The Government generally cooperated with the UNHCR.
    The law prohibits forced exile, and the Government did not use it.

    Internally Displaced Persons (IDPs).--In July the Government 
demolished homes and businesses in an impoverished section of Kigali's 
Kiyovu neighborhood, as part of the city's master development plan. 
Some residents claimed they were given very little notice to vacate, 
and in some cases received insufficient compensation for their property 
and, in the case of business owners, loss of livelihood. Residents 
moved to new government-built housing on the outskirts of Kigali or in 
with family members around the city.
    During the year the country accepted 8,205 citizens returning from 
other countries, all but approximately 500 from the DRC; most were 
settled in their districts of origin. The Government worked with the 
UNHCR and other aid organizations to assist the returnees who were 
resettled. Government mediators handled land disputes resulting from 
the large number of returnees.
    The Government continued to accept former combatants who returned 
to the country from the DRC as part of the ongoing peace process 
between the two countries. A total of 6,812 former combatants from 
armed groups in the DRC, including 699 former child soldiers, have been 
demobilized and peacefully resettled in Rwanda since the beginning of 
the disarmament, demobilization, and reintegration program in 2001. 
During the year 136 adult former combatants from armed groups and 28 
children were demobilized; 969 RDF soldiers were demobilized during the 
year. With international support, the Government's Demobilization and 
Reintegration Commission, the lead agency for the reinsertion of 
returned former combatants, placed such persons in a two-month 
reeducation program at demobilization and reintegration centers in the 
Northern Province. There also was a center solely for former child 
combatants in the Eastern Province. After the two-month reeducation 
period, each adult former combatant was given approximately 50,000 
Rwandan francs (approximately $90) and allowed to return to his 
village. Returnees who were accused of committing genocide and were 
over 28 years of age (or 14 years old at the time of the genocide) were 
subject to gacaca trials.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The constitution recognizes the right to asylum ``under 
conditions determined by law,'' and there was a law in place to 
recognize refugees. 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 awaiting formal recognition by the 
Government.
    In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    The UNHCR, with government support, continued to assist refugees 
and asylum seekers and provided temporary protection to 55,926 persons 
as of November 26; the vast majority were refugees from the DRC.
    Some refugees seeking third-country resettlement reportedly had 
difficulty obtaining exit visas from the Government. Lack of 
government-issued ID cards also created difficulties for refugees when 
they were outside the camps.
    During the year there were reports that representatives of a DRC-
based armed group recruited children and adults from Rwandan refugee 
camps to be combatants or forced laborers. The Government noted that it 
was difficult to control camps that had no fences and populations that 
regularly crossed borders. Refugees had access to primary schools and 
health care, but few were able to find jobs, although there were no 
laws denying them access to employment.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide for the right of citizens to 
change their government peacefully; however, this right was effectively 
restricted.

    Elections and Political Participation.--Chamber of Deputies 
elections took place on September 15 and were peaceful and orderly, 
with a heavy turnout; however, observers noted irregularities in the 
electoral process. The RPF won 42 of 53 directly elected seats (79 
percent of the vote), the Social Democratic Party (PSD) won seven seats 
(13 percent), and the Liberal Party (PL) won four (7.5 percent). On 
September 16 and 17, the councils of women and persons with 
disabilities elected the other 27 chamber members. A total of nine 
political parties contested the elections, with six of them having 
joined in coalition with the RPF rather than field independent lists of 
candidates. Two parties, the PL and PSD, ran separate slates of 
candidates. One independent candidate also contested.
    National Electoral Commission (NEC) rulings restricted the ability 
of the PSD and the PL to effectively spread their message, allowing the 
RPF to dominate the 22-day electoral campaign. The media devoted the 
bulk of its coverage to the RPF. There were credible reports of local 
government interference with PL and PSD rallies and meetings, and 
security forces briefly detained several campaign workers.
    According to observers many voting stations opened early, did not 
make proper use of forms, and did not initially seal ballot boxes. 
Observers were often prevented by NEC and other government officials 
from monitoring the ballot counting above the polling station and 
polling center level (the first two levels). The Civil Society Election 
Observation Mission observed in its Statement of Preliminary Findings 
that ``in a significant proportion of cases, it was not possible to 
confirm the accuracy of consolidated results at any stage beyond 
polling center consolidation.''
    In 2003 President Paul Kagame won a landslide victory against two 
independent presidential candidates, receiving 95 percent of the vote 
in a largely peaceful but seriously marred election.
    The constitution provides for a multiparty system but offers few 
rights for parties and their candidates. According to the 2006 African 
Peer Review Mechanism report, released by the New Partnership for 
Africa's Development, a mandated initiative of the African Union, the 
country had made significant progress toward political pluralism, but 
parties were still ``not able to operate freely'' and faced legal 
sanctions if accused of engaging in divisive acts. The Government's 
continuing campaign against divisionism discouraged debate or criticism 
of the Government and resulted in brief detentions and the holding of 
one political prisoner, former minister Ntakarutinka.
    All political organizations were constitutionally required to join 
the Forum for Political Organizations, which continued to limit 
competitive political pluralism, according to the 2006 APRM report. 
Despite a June 2007 law allowing political parties to open offices at 
every administrative level, local officials on occasion reportedly 
prevented opposition meetings preceding the September parliamentary 
elections, citing improper paperwork or venue booking conflicts. During 
the year there were no reported efforts to form any new parties or 
efforts by the Government to deny registration to any party.
    In accordance with the constitution, which states that ``a 
political organization holding the majority of seats in the Chamber of 
Deputies may not exceed 50 percent of all the members of the Cabinet,'' 
independents and members of other political parties held key positions 
in government and parliament, including that of the prime minister and 
the speaker of the Chamber of Deputies.
    The constitution requires that at least 30 percent of the seats in 
parliament be reserved for women. At year's end there were nine women 
in the 26-seat Senate and 45 women in the 80-seat Chamber of Deputies. 
There were 10 women in ministerial positions, representing 38 percent 
of cabinet positions.
    There was one member of the Batwa ethnic group in the 26-seat 
Senate but none in the Chamber of Deputies.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government implemented these 
laws with increasing effectiveness; however, corruption was a problem.
    During the year the Government investigated several senior 
officials on corruption charges, including two vice-mayors and the 
executive secretary of Gasabo district in Kigali. In January Kigali 
authorities asked Andre Bizimana, the vice-mayor of social affairs, to 
resign and suspended other officials. In March the former director 
general of the Rwanda Bureau of Standards was sentenced in absentia to 
7.5 years in prison on corruption charges. In May the minister of trade 
suspended an agricultural cooperative of demobilized RPA soldiers and 
arrested 13 members on charges of corruption and price fixing. In June 
senior police officials, including the commissioner general and the 
head of the Criminal Investigation Department, were suspended for abuse 
of office, reportedly related to tendering irregularities. 
Investigation of their alleged offenses continued at year's end.
    The inspector general of government worked to prevent corruption, 
including through investigations of improper tendering practices at 
government ministries. The Government's Office of the Ombudsman had an 
active good governance program and several anticorruption units that 
worked at the local level. Although the office does not have the 
authority to prosecute cases, it can recommend cases to the Prosecutor 
General's Office, and during the year the office pursued several 
thousand corruption cases, the majority of which involved land. For 
example, in October, 32 local government officials were investigated 
for embezzlement as part of a land expropriation exercise in Kigali; 16 
were held as investigations continued at year's end. The Government 
continued a broad inquiry into misuse of public funds by 46 government 
institutions; some corruption charges and prosecutions reportedly were 
directed at political opponents of the RPF. During the year the police 
and prosecution service used the auditor general's annual report to 
pursue investigations into the conduct of government businesses. The 
law provides for annual reporting of assets by public officials but not 
public disclosure of those assets; most public officials complied.
    The law does not provide for access to government information, and 
it remained difficult for citizens and foreigners, including 
journalists, to obtain access to government information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of international NGOs and several increasingly 
independent domestic human rights groups operated in the country, 
investigating and publishing their findings on human rights cases. 
Domestic NGOs noted that relations with the Government were generally 
positive; however, some indicated that the Government was intolerant of 
criticism and suspicious of local and international human rights 
observers, often rejecting their criticism as biased and uninformed. 
During the year some NGOs expressed fear of the Government and self-
censored their activities and comments. International and local NGOs 
reported unfettered access to the country's prisons.
    Domestic NGOs LIPRODHOR and the League for Human Rights in the 
Great Lakes Region (LDGL) focused on human rights abuses. Other local 
NGOs dealt with at least some human rights issues and conducted 
activities such as lobbying the legislature to provide more protection 
for vulnerable groups; observing elections; raising awareness of human 
rights among youth; and providing explanations of legislation, legal 
advice, and advocacy. LIPRODHOR employed its 400 members and 106 
district volunteers to conduct field investigations of alleged abuses, 
and both LIPRODHOR and LDGL published their findings and discussed them 
with government officials-including on sensitive cases-and raised 
concerns about false accusations in gacaca trials. A few domestic NGOs 
produced publications regularly on general human rights issues.
    The law on nonprofit associations permits government authorities to 
control projects, budgets, and the hiring of personnel. NGOs often 
found the registration process difficult, and one domestic human rights 
NGO reported it had not been able to register by year's end. To obtain 
a provisional six-month approval, domestic NGOs must present their 
objectives, plan of action, and financial information to local 
authorities of every district in which the organizations intend to 
work. After obtaining provisional agreement, domestic NGOs must apply 
for registration (legal recognition) each year under the authority of 
the Ministry of Justice. If a local NGO is initially denied 
registration, the NGO sometimes must renew its registration documents. 
Domestic NGOs also were required to submit financial and activity 
reports each year to the national government. NGOs complained that 
these requirements and near-compulsory participation in the Joint 
Action Forum strained their limited resources. While there was no legal 
requirement to contribute financially to the forum, some organizations 
felt pressured to do so.
    The Government also requires international organizations to 
register each year and to obtain yearly provisional authorization from 
the local governments of every district in which the organizations 
intend to work, followed by final authorization from the requisite 
ministry. This requirement made registration difficult for some 
organizations. The Government also requires international organizations 
to submit yearly reports with the relevant local governments and 
national level ministries. The paperwork involved was burdensome.
    Civil society groups were required to submit quarterly financial 
statements and lists of staff and assets in each of the districts where 
projects occurred.
    A progovernment NGO platform group, the Civil Society Platform, 
continued to manage and direct some NGOs through the use of umbrella 
groups, which theoretically aggregated NGOs working in particular 
thematic sectors; however, many observers believed that the Government 
controlled some of these umbrella NGOs.
    The Government continued to claim that calls by human rights groups 
or opposition figures for investigations of alleged RPF war crimes 
constituted attempts to equate the genocide with abuses committed by 
RPF soldiers who stopped the genocide. There were reports that some 
NGOs were pressured to cooperate with the Government to provide 
information on the activities of other NGOs.
    Government officials sometimes criticized domestic NGOs that sought 
assistance from international NGOs and the diplomatic corps in 
resolving disputes with the Government.
    During the year two NGOs reported government harassment and 
surveillance.
    The Government generally cooperated with international NGOS; 
however it criticized HRW throughout the year, particularly after HRW's 
July report on judicial reform (See Section 1.e.).
    In September and again in December, the Government denied an entry 
visa to a senior HRW researcher who had travelled extensively in the 
country; no reason for the denials was provided.
    The National Human Rights Commission (NHRC) did not have adequate 
resources to investigate all reported cases of violations and remained 
biased towards the Government, according to some observers.
    The Office of the Ombudsman existed with government cooperation and 
took action on cases of corruption and other abuses, including of human 
rights (See Sections 1.e. and 3).
    Parliamentary human rights committees issued recommendations during 
the year. For example, in July a senate committee on social welfare and 
human rights issued a report on street children (See Section 1.d.).
    The ICTR in Tanzania continued to prosecute genocide suspects 
during the year. Since 1994 the ICTR has completed 36 cases, with 31 
convictions and five acquittals. At year's end there were 31 
individuals on trial, nine individuals awaiting trial, and 13 
fugitives. Despite continued government efforts to prepare its 
facilities and legal system to meet international standards, the ICTR 
rejected four applications to transfer genocide suspects to Rwanda for 
trial; the cases remained under appeal at year's end (See Section 
1.d.).
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 criminalizes rape, and the Government handled rape 
cases as a priority within its courts and tribunals. In recent years 
those convicted of rape generally received sentences of between 20 and 
30 years' imprisonment. Rape and other crimes of sexual violence 
committed during the genocide are classified as a Category I genocide 
crime. The Government also improved protection at the local level for 
rape victims testifying at gacaca courts. For example, a law passed in 
May provides that gacaca cases involving rape be heard ``in camera'' 
and that persons who reveal the contents of such proceedings be subject 
to penalty. During the year police investigated 1,500 rape cases.
    The law does not specifically prohibit domestic violence, and 
domestic violence against women, including wife beating, was common. 
Figures from the National Institute of Statistics indicate that 31 
percent of women over age 15 were victims of domestic violence, and 
10.2 percent of women experienced domestic violence during pregnancy. 
Cases normally were handled within the context of the extended family. 
In 2007 officials at police headquarters in Kigali established a hot 
line for domestic violence together with an examination room, trained 
counselors, and provided access to a police hospital for more intensive 
interventions. Each of the 62 police stations nationwide had its own 
gender desk, trained officer, and public outreach program. The national 
gender desk in Kigali also monitored investigations and prosecutions 
nationwide into gender-based violence. Drawing from a 2007 workshop for 
senior officials on gender-based violence, the Government in June 
produced a comprehensive guide to investigation and prosecution of 
gender-based crime, including appropriate treatment of victims.
    Prostitution is illegal, but was prevalent.
    The law does not prohibit sexual harassment, and it occurred.
    The law allows women to inherit property from their fathers and 
husbands, and couples may make their own legal property arrangements; 
however, women had serious difficulties pursuing property claims. Since 
the 1994 genocide, which left numerous women as heads of households, 
women assumed a larger role in the formal sector, and many operated 
their own businesses. Despite the election in September of a Chamber of 
Deputies with a female majority, women continued to have limited 
opportunities for education, employment, and promotion. Women performed 
most of the subsistence farming in the country. The Government-funded 
Women's Council served as a forum for women's issues and consulted with 
the Government on land, inheritance, and child protection laws. A 
minister of gender and family promotion in the Office of the Prime 
Minister headed government programs to address women's issues and 
coordinated programs with other ministries, police, and NGOs. The 
Government also provided scholarships for girls in primary and 
secondary school and loans to rural women. A number of women's groups 
were active in promoting women's concerns, particularly those faced by 
widows, orphaned girls, and households headed by children. In April the 
Government sponsored a workshop on the rights of female workers and 
admonished employers against paying insufficient salaries to women on 
maternity leave.

    Children.--The Government was committed to children's rights and 
welfare and worked to improve education and health care for children, 
who headed at least 106,000 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.
    While primary school fees were abolished, most parents still had to 
pay unofficial fees to support basic school operations. According to 
the UN Children's Fund (UNICEF), the net primary school attendance/
enrollment ratio was 75 percent. Of the children who entered the first 
grade, 46 percent reached the fifth grade. Equal numbers of boys and 
girls began primary school, but attendance by girls declined at a 
faster rate than boys. Only 17 percent of secondary school-age children 
were enrolled in school during the year.
    There were no statistics available on child abuse; however, it was 
a problem.
    According to UNICEF, 20 percent of women between the ages of 20 and 
24 had married or entered into a union before they were 18 years old. 
The legal age for marriage for both males and females is 21.
    Due to the genocide and deaths from HIV/AIDS, there were numerous 
households headed by children, some of whom resorted to prostitution to 
survive.
    During the year there were reports that representatives of an armed 
group from the DRC recruited children from Rwandan refugee camps for 
use as combatants or forced laborers (See Section 2.d.).
    The Government continued to support the Muhazi demobilization 
center for children in the Eastern Province, which provided care and 
reintegration preparation during the year for 41 children who had 
served as soldiers in the DRC; 12 of the 28 child soldiers received at 
the center during the year were reunited with their families.
    There were approximately 7,000 street children throughout the 
country. Authorities rounded up street children and placed them in 
foster homes or government-run facilities. In July a senate committee 
called for the closure of the Gikondo transit center, where street 
children, vagrants, and street sellers were held in substandard 
conditions (See Section 1.d.). The Government also supported 12 
childcare institutions across the country that provided shelter, basic 
needs, and rehabilitation for 2,950 street children. The Government 
worked with international organizations and NGOs to provide vocational 
training and psychosocial support to street children, to reintegrate 
them into their communities, and to educate parents on prevention of 
street children.

    Trafficking in Persons.--While there was no specific 
antitrafficking law, laws against slavery, prostitution by coercion, 
kidnapping, rape, and defilement were available to prosecute 
traffickers. There were reports that persons were trafficked from and 
within the country during the year.
    The country was a source for small numbers of women and children 
trafficked for sexual exploitation, domestic labor, and soldiering. The 
largest trafficking problem was underage prostitution; small numbers of 
impoverished girls, typically between the ages of 14 and 18, used 
prostitution as a means of survival, and some were exploited by loosely 
organized prostitution networks. Due to the genocide and deaths from 
HIV/AIDS, numerous children headed households, and some of these 
children resorted to prostitution or may have been trafficked into 
domestic servitude. While police reportedly conducted regular 
operations against prostitution, no statistics were available on 
prosecutions of those who utilized or exploited children in 
prostitution.
    The RNP is the lead government agency responsible for combating 
trafficking of persons.
    Traffickers prosecuted under laws against prostitution by coercion, 
slavery, kidnapping, rape, and defilement were subject to criminal 
penalties, including imprisonment.
    In May a man was sentenced to 30 years in prison by a Gasabo 
District Court for operating an underage prostitution ring; several 
investigations into other trafficking cases were ongoing at year's end.
    When the Government dismantled prostitution rings, it offered women 
rehabilitation programs that included employment training and were 
sponsored by the Ministry of Gender and Family Promotion. The 
Government provided training on sex crimes and crimes against children 
as part of the police training curriculum. During the year the police 
offered specialized training in recognizing trafficking, particularly 
trafficking involving children, to many police cadets. The Government 
also monitored immigration and emigration patterns, as well as border 
areas that were accessible by road. The RNP conducted sensitization 
programs against prostitution and warned hotel owners against allowing 
underage girls to frequent them.

    Persons With Disabilities.--The law specifically prohibits 
discrimination against persons with disabilities in regard to 
employment, education, and access to social services, and the 
Government generally enforced these provisions. The constitution 
prohibits discrimination on the basis of physical or mental disability. 
The law also mandates access to public facilities, accommodations for 
taking national exams, provision of medical care by the Government, and 
monitoring of implementation by the NHRC; these provisions generally 
were implemented. One member of the Chamber of Deputies is appointed by 
the Federation of the Associations of Persons with Disabilities.
    In March the National University of Rwanda began admitting blind 
students, becoming the second public higher education institution 
(behind the Kigali Institute of Education) to do so.

    National/Racial/Ethnic Minorities.--Large-scale interethnic 
violence in the country between Hutus and Tutsis culminated in the 1994 
genocide, renamed the ``Tutsi Genocide'' by a constitutional amendment 
passed during the year. Genocidal killing of much of the resident Tutsi 
population and moderate Hutus under the direction of a Hutu-dominated 
rump government and in large part implemented by the Hutu-dominated 
national army and Interahamwe armed youth militia resulted in up to a 
million people killed. The genocide ended later the same year when the 
predominantly Tutsi Rwandan Patriotic Army (RPA), operating out of 
Uganda, occupied Rwandan territory, defeated the national army and Hutu 
militias, and established an RPF-led government of National Unity, 
which was composed of members of eight political parties and which 
ruled until the 2003 elections.
    Since 1994 the Government has called for national reconciliation 
and abolished policies of the former government that created and 
deepened ethnic cleavages. The Government eliminated all references to 
ethnicity in written and nonwritten official discourse. There was no 
government policy of ethnic quotas for education, training, or 
government employment. The constitution provides for the eradication of 
ethnic, regional, and other divisions and the promotion of national 
unity. Some organizations and individuals continued to accuse 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, there 
was no evidence suggesting that the Government practiced ethnic 
favoritism.

    Indigenous People.--Prior to the 1994 genocide, citizens were 
required to carry identity cards that indicated ethnicity-Hutu, Tutsi, 
and Twa. Following the genocide the Government banned all identity card 
references to ethnic affiliation as divisionist or contributing to 
genocide ideology. As a result the Batwa, purported descendants of 
Pygmy tribes of the mountainous forest areas bordering the DRC and 
numbering approximately 33,000, were no longer designated as an ethnic 
group. On this basis the Government no longer recognized groups 
advocating for Batwa needs. Some Batwa said their rights as an 
indigenous ethnic group were denied as a result of such government 
policies. The Government recognized the Community of Indigenous Peoples 
of Rwanda (CAURWA), a Batwa advocacy organization, although it was not 
formally acknowledged as an organization supporting an indigenous 
group. Despite the recognition of CAURWA and joint health and education 
projects with the Government, most Batwa continued to live on the 
margins of society with very limited access to education, and they 
continued to be treated as inferior citizens.

    Other Societal Abuses and Discrimination.--Discrimination based on 
sexual orientation occurred, and in September 2007 some members of 
parliament publicly called for legislation criminalizing homosexuality.
    During the year security forces detained two women for several days 
upon their return from a conference on lesbians in Africa; security 
forces also reportedly searched their e-mail.
    Unlike in the previous year, there were no reports that police 
officers assaulted homosexuals or that landlords evicted homosexual 
tenants.
    Discrimination against persons living with HIV/AIDS occurred, 
although such incidents continued to decrease. The Government actively 
supported public education campaigns on the issue, including the 
establishment of HIV/AIDS awareness clubs in secondary schools and 
making public pronouncements against the stigmatization of the disease. 
Members of the military with HIV/AIDS are not permitted to participate 
in peacekeeping missions abroad, but remain in the military.
Section 6. Worker Rights
    a. The Right of Association.--The law provides all salaried 
workers, except for civil servants, the right to form and to join 
unions of their choice without previous authorization or excessive 
requirements, and workers exercised this right in practice. The law 
allows unions to conduct their activities without interference, and 
while the Government respected this right in practice, some private 
sector employers did not and often harassed union members to discourage 
their activities. Between 20 and 30 percent of the total workforce, 
including agricultural workers, was unionized.
    All unions must register with the Ministry of Labor for official 
recognition, and the application process was reportedly more difficult 
than in previous years.
    The law provides some workers the right to strike, but this right 
was severely restricted; civil servants were not allowed to strike. 
Participation in unauthorized demonstrations could result in employee 
dismissal, nonpayment of wages, and civil action against the union. A 
union's executive committee must approve any strike, and the union must 
first try to resolve its differences with management following a 
process prescribed by the Ministry of Labor; this process effectively 
prohibited strikes.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, but this right was severely 
limited. The Government was heavily involved in the collective 
bargaining process since most union members were in the public sector. 
Only the Central Union of Rwandan Workers (CESTRAR) had an established 
collective bargaining agreement with the Government.
    The law prohibits antiunion discrimination, but there were no 
functioning labor courts to resolve complaints involving discrimination 
against unions. According to CESTRAR, employers frequently intimidated 
unionists through the use of transfers, demotions, and dismissals, 
though less often than in the previous year. The law requires employers 
to reinstate workers fired for union activity; however, this law was 
seldom enforced.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, and the Government generally enforced this 
right; however, prisoners were assigned work details that generally 
involved uncompensated public maintenance duties. Gacaca courts 
sentenced convicts to perform community service, and those suspected of 
committing genocide who confessed were given sentences involving 
community service. By year's end approximately 54,000 persons had been 
formally registered for community service; of these, approximately 
28,000 were either working as day laborers or as residents in one of 64 
community service camps, while the rest were awaiting community service 
assignments.
    There were reports indicating that representatives of an armed 
group based in the DRC recruited children from Rwandan refugee camps 
for labor and soldiering in the DRC (See Section 2.d.).
    Forced child labor and trafficking of children for sexual 
exploitation occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While the law does not specifically prohibit forced or compulsory labor 
by children, there are laws to protect children from exploitation in 
the workplace; however, the Government did not effectively enforce 
them. During the year the Government increased efforts to stop child 
prostitution; however, child labor, including forced prostitution, was 
prevalent. In June 2007 the Government indicated that approximately 
450,000 children (approximately 9 percent of the country's four million 
children under 18) were engaged in all forms of child labor. However, a 
2006 UN report suggested that 36 percent of children between the ages 
of five and 14 (approximately one million children) were engaged in 
child labor.
    Except for subsistence agricultural workers, who account for more 
than 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 
(between 7 p.m. and 5 a.m.) or any work deemed hazardous or difficult 
by the minister of labor. 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 (14 years for apprenticeships), provided that 
the child has completed primary school.
    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 in the 
brick-making industry. Children received low wages, and abuse was 
common. In addition child prostitution and trafficking of children were 
problems. There were reports of representatives of a DRC-based armed 
group recruiting children in refugee camps to be used as combatants or 
forced laborers.
    A National Advisory Committee on Child Labor comprising various 
government ministries, the NHRC, the RNP, trade unions, and NGOs met 
regularly to provide guidance and technical assistance to the 
Government on child labor issues and to develop a national child labor 
policy. The Government continued to support 30 child labor inspectors 
in 12 regional offices; however, the Government was unable to provide 
them with adequate resources to effectively identify and prevent the 
use of child labor. Some districts established by-laws to prevent child 
labor, and child labor reduction benchmarks were integrated into 
district performance contracts.
    The Government worked with NGOs to raise awareness of the problem, 
to identify children involved in child labor, and to send them to 
school or vocational training. Since March 2005, in collaboration with 
multiple NGOs, the Government rescued 3,485 children from exploitative 
labor conditions and provided training and prevention services to 
another 2,582 children considered at risk for trafficking or other 
exploitation. The Government imposed fines against those who illegally 
employed children or sent their children to work instead of to school. 
During the year teachers and local authorities received training on the 
rights of children.

    e. Acceptable Conditions of Work.--There was no single minimum 
wage, but minimum wages in the formal economy did not provide a decent 
standard of living for a worker and his family. For example, minimum 
wage in the tea industry ranged from 500 to 750 Rwandan francs per day 
(approximately $0.90 to $1.35), while in the construction industry it 
ranged from 1000 to 1500 francs a day ($1.80 to $2.70). Minimum wages, 
however, provided a higher standard of living than that of the 85 
percent of the population relying only on subsistence farming. The 
Ministry of Public Service, Skills Development, and Labor set minimum 
wages in the small formal sector. The Government, the main employer, 
effectively set most other wage rates as well. In practice some workers 
accepted less than the minimum wage. Families regularly supplemented 
their incomes by working in small businesses or subsistence 
agriculture.
    Officially, government offices and private-sector entities had a 
40-hour workweek; the maximum workweek was 45 hours. Aside from a 30-
minute break for lunch, there is no mandated rest period. The law does 
not provide for premium pay for overtime, but there are prohibitions on 
excessive compulsory overtime. 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 did not have the right to remove 
themselves from dangerous work situations without jeopardizing their 
jobs; however, the Government established a list of dangerous 
professions subject to heightened safety scrutiny. The same standards 
applied to migrant and foreign workers.

                               __________

                         SAO TOME AND PRINCIPE

    The Democratic Republic of Sao Tome and Principe is a multiparty 
constitutional democracy with a population of approximately 206,000. 
The chief of state is President Fradique De Menezes, and the head of 
government, chosen by the National Assembly and approved by the 
president, is Prime Minister Joachim Rafael Branco. International 
observers deemed presidential and legislative elections, held in 2006, 
to have been free and fair. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens. However, there were problems in some areas, including harsh 
prison conditions, prolonged pretrial detention, official corruption, 
impunity, violence and discrimination against women, child labor, and 
harsh labor conditions.
                        respect for 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 arbitrary or 
unlawful killings.
    Police officer Larry Alberto Paris remained in pretrial detention 
for the 2006 shooting of Gustavo Sidonio Pinto.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
security forces generally observed these prohibitions.
    The public prosecutor's investigation into the 2006 shooting of 
Argentino dos Ramos Taty remained open. Soldiers accompanying forestry 
guards shot and injured Taty, who was cutting a log on private 
property.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh but generally not life threatening. Facilities were overcrowded, 
sanitary and medical conditions were poor, and food was inadequate. 
Pretrial prisoners were held with convicted prisoners, and juveniles 
were held with adults. There was one prison and no jails or detention 
centers. In general police stations had a small room or space to 
incarcerate an offender for brief periods.
    The Government permitted human rights monitors to visit the prison; 
however, there were no visits during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--In June, with the 
formation of the 13th constitutional government in the country's 
history, the national police and immigration service came under the 
control of a new ministry, the Ministry of Internal Affairs, Government 
Reforms, and Civilian Protection. The Ministry of National Defense 
continues to supervise and control the military. Despite increased 
personnel and training offered throughout the year, the police remained 
ineffective and were widely viewed as corrupt. Impunity was a problem, 
and efforts to reform the Criminal Investigation Police, a separate 
agency under the Ministry of Justice, were unsuccessful, primarily due 
to inadequate resources.
    In January the Supreme Court ruled that 10 members of the now-
disbanded Special Intervention Police Unit .''Ninja.'') should be 
released on probation; they had been arrested in October and November 
2007 for a series of armed sieges of police headquarters in a dispute 
over back pay, which also culminated in the death of one Ninja.

    Arrest and Detention.--The law requires arrest warrants issued by 
an authorized official to apprehend suspects, unless the suspect is 
caught during the commission of a crime. The law requires a 
determination within 48 hours of the legality of a detention, and 
authorities generally respected this right. Detainees are to be 
informed promptly of charges against them. There was a functioning bail 
system.
    Severe budgetary constraints, inadequate facilities, a shortage of 
trained judges and lawyers, and political instability resulted in 
lengthy pretrial detention. According to the director of the Sao Tome 
prison, 34 percent of the country's prisoners were awaiting trial in 
2007, and some pretrial detainees had been held for more than a year.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, at times the judicial system was 
subject to political influence or manipulation. Judicial salaries 
remained low, and credible suspicions persisted that judges were 
tempted to accept bribes. In 2006 the Government took steps that proved 
somewhat helpful to strengthen the judiciary by creating the new 
Constitutional Court and decreasing docket backlogs to reduce the 
number of persons in pretrial detention.
    The legal system is based on the Portuguese model. The court system 
has three levels: circuit courts, the Supreme Court, and the 
Constitutional Court, which is the highest judicial authority.

    Trial Procedures.--The constitution provides for the right to a 
fair public trial by a judge (juries are not used), the right of 
appeal, the right to legal representation, and, if a person is 
indigent, the right to an attorney provided by the state. Defendants 
are presumed innocent, have the right to confront their accusers, 
confront witnesses, access government evidence, and present evidence 
and witnesses on their own behalf. However, inadequate resources 
continued to result in lengthy pretrial detention and greatly hindered 
investigations in criminal cases.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The same courts consider 
both criminal and civil cases, but different procedures are used in 
civil cases. Plaintiffs may bring lawsuits seeking damages for, or 
cessation of, a human rights violation; there are also administrative 
and judicial remedies for alleged wrongs.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights; however, journalists practiced self-censorship.
    Individuals could privately or publicly criticize the Government, 
including specific officials, without fear of reprisal. There were no 
reports of the Government impeding criticism.
    Two government-run and seven independent newspapers and newsletters 
were published sporadically, usually on a monthly or biweekly basis; 
resource constraints determined publishing frequency. International 
media operated freely.
    The Government operated television and radio stations. The Voice of 
America, Radio International Portugal, and Radio France International 
also were rebroadcast locally. The law grants all opposition parties 
access to the state-run media, including a minimum of three minutes per 
month on television.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Severe lack of infrastructure, including inadequate electricity and 
communications networks, limited public access to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for freedom of peaceful assembly and association, and 
the Government generally respected these rights.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.

    Societal Abuses and Discrimination.--There were no reports of 
discrimination against members of religious groups. There was no known 
Jewish community and no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 Annual Report on 
International Religious Freedom at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights.
    The law does not prohibit forced exile; however, there were no 
reports that the Government used it.

    Protection of Refugees.--The law does not specifically provide for 
the granting of asylum or refugee status in accordance with the 1951 UN 
Convention relating to 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 the expulsion or return of refugees to countries where their 
lives or freedom would be threatened. During the year there were no 
known requests for refugee or asylum status. In the past the Government 
cooperated with the Office of the UN 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 and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic and generally free and fair elections based on 
universal suffrage.

    Elections and Political Participation.--The 2006 legislative 
elections gave a plurality of seats in the National Assembly to a 
coalition of parties, the Democratic Movement of Forces for Change/
Party for Democratic Convergence (MDFM/PCD), supporting President De 
Menezes. The MDFM/PCD subsequently formed a government. President De 
Menezes was reelected in 2006 with 60 percent of the vote. 
International observers deemed both elections generally free and fair. 
Also in 2006, for the first time in more than a decade, local elections 
were held; on the same date, regional elections were held on the island 
of Principe. The MDFM/PCD won control of five of the six districts in 
these elections; the principal opposition party, the Movement for the 
Liberation of Sao Tome and Principe (MLSTP/PSD), won one district, and 
a new party, Novo Rumo, won the presidency of the regional government 
on Principe.
    Political parties operated without restriction or government 
interference.
    Women held positions throughout the Government, including two seats 
in the 55-seat National Assembly, four of 13 cabinet positions, one 
seat on the three-member Supreme Court, and two judgeships in the 
circuit courts.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity.
    Official corruption was widespread. The World Bank's 2008 Worldwide 
Governance Indicators reflected that corruption was a serious problem. 
Several high-level officials, including one former prime minister, were 
brought before the tribunal on corruption charges for their alleged 
involvement in the disappearance of millions of dollars from the 
Government's foreign aid fund. The trial was suspended December 22 and 
was set to resume on January 30, 2009.
    In 2005 the attorney general presented to the National Assembly the 
results of his investigation into allegations of corruption in the 
awarding of exploration and/or production rights to certain oil blocks. 
The investigation uncovered serious procedural deficiencies in the 
process and raised questions about the actions of members of the 
current and former governments. Lack of cooperation from Nigerian 
authorities (whose government shares control of some of the oil blocks) 
impeded follow-up, and no further action was taken by year's end. Low 
salaries for civil servants contributed to public corruption.
    Public officials were not subject to financial disclosure laws.
    There are no laws that provide for public access to government 
information; however, there were no reports that the Government 
restricted access to information by citizens or noncitizens, including 
foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In the past a small number of domestic human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Because of the general 
improvement in respect for human rights, such groups generally remained 
inactive. Government officials generally were 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 gender, race, social origin or status, political views, 
creed, philosophical convictions, disability, or language; 
nevertheless, women faced discrimination. The Gender Equality Institute 
within the Office of Women's Affairs held numerous seminars and 
workshops to raise awareness about discrimination against women.

    Women.--Rape, including spousal rape, is illegal and punishable by 
two to 12 years' imprisonment. Rape occurred occasionally, with 
prosecution most likely in cases where there was evidence of violent 
assault as well as rape or if the victim was a minor. However, no 
statistics on prosecutions were available. Government family planning 
clinics and nongovernmental organizations (NGOs) sought to combat rape 
by raising awareness of the problem.
    Reports of domestic violence, including rape, against women 
increased. 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 law does not 
specifically address domestic violence; however, there are provisions 
for assault that may be used in cases of domestic violence. If the 
victim misses fewer than 10 days of work, the penalty for assault is 
six months in prison, while for 10 to 20 workdays missed the sentence 
is one year, and so forth. The law was strictly enforced, including in 
cases of domestic violence, but there was no data on the number of 
prosecutions for domestic violence. The Office of Women's Affairs 
maintained a counseling center with a hot line. While the hot line did 
not receive many calls due to unreliable telephone service, the 
counseling center received numerous walk-ins.
    Prostitution is illegal but did occur. Prostitution was rare in the 
past, but observers estimated its prevalence was increasing with the 
growing number of foreign workers in the country.
    The law does not prohibit sexual harassment, and it was a problem. 
No data was available on its extent.
    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, women in general 
continued to encounter significant societal discrimination. Traditional 
beliefs left women with most child-rearing responsibilities and with 
less access to education or entry into the professions. A high teenage 
pregnancy rate further reduced economic opportunities for women.

    Children.--A number of government- and donor-funded programs 
operated to improve conditions for children, notably an ongoing malaria 
control project and a program for acquisition of school and medical 
equipment.
    By law education is universal, compulsory through sixth grade, and 
tuition-free to the age of 15 or sixth grade. In practice many rural 
students stopped attending school after the fourth grade.
    Mistreatment of children was not widespread; however, there were 
few protections for orphans and abandoned children.
    Child labor was a problem.
    In 2007 the Ministry of Labor and Solidarity began a social 
services program that collected street children in three centers, where 
they attended classes and received training. Conditions at the centers 
were good; however, because of overcrowding, some children were 
returned to their families to sleep at night, and a few of these 
children ran 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. In 2007 the UN Children's Fund and the Economic 
Community of Central African States held a conference in the country 
that addressed trafficking in persons.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not prohibit 
discrimination against persons with physical or mental disabilities; 
however, there were no reports of discrimination against such persons. 
The law does not mandate access to buildings, transportation, or 
services for persons with disabilities. Local NGOs that criticized the 
Government in the past for not implementing accessibility programs for 
such persons were not active during the year.

    Other Societal Abuses and Discrimination.--There was societal 
discrimination based on sexual orientation.
    Persons with HIV/AIDS were often rejected by their communities and 
shunned by their families. However, there were no reports that workers 
were discriminated against due to their HIV/AIDS status. As in the 
previous year, there were a number of government-sponsored workshops 
and awareness campaigns to reduce such instances. The Government also 
provided free AIDS testing and distributed antiretroviral drugs to all 
recognized patients.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law allow 
workers to form and join unions of their choice without previous 
authorization or excessive requirements, 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 formal sector wage 
earners, and members of farmers' cooperatives.
    The constitution provides for the freedom to strike, including by 
government employees and other essential workers, although during the 
year no strikes occurred.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and law state that workers may organize and bargain 
collectively; however, due to its role as the principal employer in the 
formal wage sector, the Government remained the key interlocutor for 
organized labor on all matters, including wages.
    The law does not prohibit retaliation against strikers, but there 
were no reports of such actions during the year.
    There were no laws prohibiting antiunion discrimination; however, 
there were no reports such discrimination occurred.
    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.--
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 seven hours a 
day and 35 hours a week. Children worked in subsistence agriculture, on 
plantations, in informal commerce, and in domestic work. No cases of 
child labor abuses were prosecuted, although the law states that 
employers of underage workers can be fined. The Ministry of Labor is 
responsible for enforcing child labor laws.
    There were initiatives taken to prevent child labor. The Ministry 
of Education extended compulsory school attendance from the fourth to 
the sixth grade, and the Government granted some assistance to several 
low-income families to keep their children in school. The Ministry of 
Labor also created teams of labor inspectors to increase inspections at 
work sites.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage. Although the legal minimum wage for civil servants increased in 
2007 from 500,000 dobras ($35) to 650,000 dobras ($46) per month, it 
was insufficient to provide a decent standard of living for a worker 
and family. Working two or more jobs was common. The labor law 
specifies occupations 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, Ccustoms, and Education, and the 
Criminal Investigation Police, earned up to 400 percent more than other 
public sector employees.
    Working conditions on many of the cocoa plantations-the largest 
informal wage sector-were extremely harsh. The average salary for 
plantation workers did not provide a decent standard of living for a 
worker and family, and the purchasing power of their pay was further 
eroded by a high rate of inflation.
    The legal workweek is 40 hours, with 48 consecutive hours mandated 
for rest. However, shopkeepers could work 48 hours a week. The law 
provides for compensation for overtime work. The law prescribes basic 
occupational health and safety standards; however, due to resource 
constraints, the Ministry of Justice and the Ministry of Labor and 
Solidarity's enforcement of these standards was not effective. 
Employees have the right to leave unsafe working conditions, but none 
sought to do so, and enforcement of the right was very limited.

                               __________

                                SENEGAL

    Senegal, with an estimated population of 12.5 million, is a 
moderately decentralized republic dominated by a strong executive 
branch. In February 2007 Abdoulaye Wade was reelected president in an 
election generally viewed as free and fair despite sporadic incidents 
of violence and intimidation. In June 2007 the ruling Senegalese 
Democratic Party (PDS) won the majority of seats in National Assembly 
elections that were boycotted by the leading opposition parties. 
However, international observers characterized the elections as 
generally free and transparent. Civilian authorities generally 
maintained effective control of the security forces.
    The Government generally respected citizens' rights; however, there 
were problems in some areas, including: inhuman and degrading treatment 
of detainees and prisoners; overcrowded prisons; questionable 
investigative detention and long pretrial detention; corruption and 
impunity; limits on freedoms of speech, press, and assembly; domestic 
violence, rape, sexual harassment, and discrimination against women; 
female genital mutilation (FGM); child abuse, child marriage, 
infanticide, trafficking in persons, and child labor.
    Rebels from the Movement of Democratic Forces of Casamance (MFDC) 
and a splinter group, the Movement for the Liberation of the People of 
the Casamance, killed civilians, committed robberies, and harassed 
local populations while fighting each other.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--Neither the 
Government nor its agents committed any politically motivated killings. 
Unlike previous years, there were no reports of arbitrary killings by 
security forces.
    There were no developments in the following 2007 cases: the January 
killing of a young man by a police officer in Diourbel; the April death 
in police custody of Dominique Lopy in Kolda; the June killing of 
Cheikh Ahmet Tidian Fall by customs officers in Mbour; the July killing 
of Abdoulaye Seck in Bignona; and the December death in police custody 
of Badara Diop in Kaolack. The December 2007 killings of Mamadou Sakho 
Badji and the Government's special advisor for the Casamance peace 
process, Cherif Samesidine Nema Aidara, were still under investigation 
at year's end; one suspect remained in pretrial detention.
    During the year the Criminal Investigations Division (DIC) did not 
release the results of the 2006 investigation into the police killing 
of a merchant in Dakar, and no action was taken against those 
responsible.
    According to statistics from Handicap International, there were 
four separate landmine accidents in the Casamance region during the 
year which resulted in one killing and four injuries. The killing 
occurred on May 1, when a passenger vehicle from Sindian traveling to 
The Gambia hit a landmine near the village of Toukara. There were no 
government efforts to remove landmines during the year.
    During the year MFDC rebels reportedly attacked civilians and 
committed highway robberies in the Casamance.
    On May 15, MFDC rebels allegedly shot at a group of villagers 
harvesting in Camaracounda, resulting in the death of Frederic Mendy.
    On May 20, fighting between MFDC rebels and soldiers in the village 
of Niassaran (Djibidione) north of Ziguinchor resulted in the deaths of 
two soldiers. Local media reported at least seven rebels also died in 
the attack.
    On July 22, armed men attacked dozens of cars and robbed passengers 
between Teubi and Tobor, north of Ziguinchor, killing one passenger.
    On December 23, Mamdaou Sinna Sidibe was shot and killed during a 
violent riot to protest poor living conditions and lack of jobs in the 
mineral-rich region of Kedougou. An investigation into his death was 
ongoing at year's end.
    There were no developments in the January 2006 case of MFDC rebels 
killing the subprefect of Diouloulou.
    Suspects had not been identified by year's end in the December 2006 
kidnapping and killing of Oumar Lamine Badji, president of the Regional 
Council of Ziguinchor.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    The Government did not take any action to resolve older cases of 
disappearances, particularly in the Casamance, linked to government 
security forces.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were occasional reports that government officials employed them.
    Human rights groups noted examples of physical abuse committed by 
security forces, including cruel and degrading treatment in prisons and 
detention facilities. In particular, they criticized strip-search and 
other interrogation methods. Police also reportedly forced detainees to 
sleep on bare floors, directed bright lights at their pupils, beat them 
with batons, and kept them in cells with minimal access to air. During 
the year authorities took no action against police involved in these 
abuses.
    Human rights organizations highlighted the lack of supervision and 
impunity with which security forces treated persons in police custody. 
The African Assembly for Human Rights (RADDHO) continued to demand 
prosecutions for the deaths of two suspects in police custody in 2007. 
During the year they also denounced the abusive treatment inflicted by 
gendarmes in Dakar on the city's former mayor, Mamadou Diop, who 
indicated that he was stripped and made to lie on a stone floor.
    Human rights organizations reported cases of torture by security 
forces following a riot in the city of Kedougou on December 23. 
According to nongovernmental organization (NGO) reports, security force 
members wearing masks broke into homes of suspects, beat, arrested, and 
subjected persons to long interrogations. Physical evidence of 
suspects' beatings was displayed during their trials; however, the 
court dismissed the allegations of torture made by attorneys.
    On May 7, in Camaracounda, armed men allegedly belonging to the 
MFDC mutilated 16 persons by cutting off one ear of each as punishment 
for harvesting in the forest occupied by rebels.
    On July 23, the National Assembly and the Senate jointly amended 
the constitution to allow retroactive prosecution of genocide and 
crimes against humanity. On July 29, the National Assembly passed a law 
introducing new provisions in the Code of Criminal Procedure whereby 
defendants have the right to appeal in a case heard before the Court of 
Appeals and juries were replaced with magistrates. These legal 
provisions lifted the last obstacles to the prosecution of former 
Chadian dictator Hissene Habre on charges of torture and crimes against 
humanity. Habre has lived in exile in the country for 19 years. During 
the year authorities appointed judges to investigate the Habre case; 
however, in mid-October, the Government stated Habre's prosecution 
could not take place without international donor funding. No further 
government action was taken by year's end.
    An increase in alleged rebel attacks in the Casamance on vehicles 
was noted during the year. These attacks resulted in injuries and theft 
of money, jewelry, and cell phones. No arrests were made during the 
year.
    There were several cases of mob violence. Due to a weak judiciary 
and widespread impunity, civilians often administered punishment by 
beating presumed thieves before handing them over to security forces.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions were poor, in part because no prisons have been built 
since the colonial era. The National Organization for Human Rights 
(ONDH) identified overcrowding and lack of adequate sanitation as major 
problems. Dakar's Central Prison, which had a maximum capacity of 700 
persons, held approximately 1,400, while the penal camp in Dakar, which 
had a capacity of 400, held an estimated 800 detainees. To alleviate 
overcrowded prisons in Dakar, authorities transferred some prisoners to 
Thies, which resulted in overcrowded prisons in that city. Human rights 
activists noted that Nioro Prison was severely overcrowded and 
resembled ``a chicken coop'' more than a prison. Detainees in Diourbel 
were sometimes held in a former horse stable; detention conditions in 
Tambacounda were also extremely poor.
    Prisons lacked doctors and medicine. The ONDH reported a national 
ratio of one doctor per 5,000 inmates and that the Government spent 
only 450 CFAF (approximately $1) a day per inmate to cover all costs 
including medical care. There was one mattress for every five 
detainees. Due to an old and overburdened infrastructure, prisons 
experienced drainage problems during the rainy season and stifling heat 
during the summer. Prisons also were infested by bugs, and prisoners 
suffered sexual assault and extremely low quality food.
    As part of a three-year investment plan, government funds were 
provided to prisons for renovations and refurbishment. During the year 
Dakar's central prison received new mattresses and inmates were able to 
create more space by building bunk beds. The ONDH, which visited six 
prisons during the year, reported that the Diourbel Prison also 
received new mattresses. The ONDH also noted that, for the first time, 
prison inspectors were recruited from penitentiary officers, which 
resulted in prison personnel attaining the same level of law 
enforcement authority as the police and gendarmes.
    Human rights organizations highlighted that some children, who 
committed crimes or who were found by police late at night in the 
street, were kept in custody for long periods because their parents 
could not be located or identified.
    Local NGOs reported that prisoner separation regulations were not 
always enforced. Pretrial detainees were occasionally held with 
convicted prisoners, and juveniles were occasionally held with adults.
    Local NGOs reported that the rape of female prisoners was a serious 
issue not addressed by government authorities during the year.
    During the year the Government permitted prison visits by local and 
international human rights groups, which also provided humanitarian 
support to inmates.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, authorities at times 
arbitrarily arrested and detained persons. Human rights groups 
described arbitrary detention as a growing problem.

    Role of the Police and Security Apparatus.--Police and gendarmes 
are responsible for maintaining law and order. The army shares that 
responsibility in exceptional cases, such as during a state of 
emergency. The police force includes 10 departments which constitute 
the Directorate General of National Safety. In each of the country's 11 
regions, there is at least one police station and at least one mobile 
safety brigade. Dakar has more than 15 police stations. The police 
force effectively maintained law and order.
    Impunity and corruption were problems. An amnesty law covers police 
and security personnel involved in ``political crimes,'' except those 
who committed assassinations ``in cold blood.''
    According to human rights groups, attorneys, and victims, security 
forces regularly extorted money from detainees in exchange for release 
and from prostitutes to overlook noncompliance with prostitution 
regulations and other.
    The DIC is in charge of investigating police abuses. According to 
human rights groups, new members of the police force received training 
in human rights protection.

    Arrest and Detention.--Although the law specifies that warrants 
issued by judges are required for arrests, in practice police often 
lacked warrants when detaining individuals. The law grants police broad 
powers to detain prisoners for long periods of time before filing 
formal charges. The DIC may hold persons up to 24 hours before 
releasing them. Many detainees were not promptly informed of the 
charges against them. Police officers, including DIC may double the 
detention period from 24-48 hours without charges, but they must obtain 
authorization from the prosecutor. Investigators can request that a 
prosecutor double this period to 96 hours. For cases involving claimed 
threats to state security, the detention period can be further doubled. 
Thus, someone accused of plotting to overthrow the Government or 
undermining national defense can be held up to 192 hours.
    The detention period does not formally begin until authorities 
officially declare that an individual is being detained, a practice 
human rights groups criticized for resulting in unjustly long detention 
periods. Bail is rarely available. In 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; however, family access was not 
generally allowed. The accused has the right to an attorney at the 
accused's expense after this initial period of detention. Attorneys are 
provided at public expense to all criminal defendants who cannot afford 
one. A number of NGOs also provided legal assistance or counseling to 
those charged with crimes.
    The Government used security forces, especially the DIC, to harass 
journalists and arrest political opponents and civil society leaders 
(See Section 2.b.).
    Judicial backlogs and absenteeism of judges contributed to long 
pretrial detention periods. The law states that an accused person may 
not be held in pretrial detention for more than six months for minor 
crimes; however, persons were routinely held in custody until a court 
demanded their release. Despite the six-month limit on detention for 
most crimes, the average time between charging and trial was two years. 
In many cases persons are freed without charges being filed. In such 
circumstances there is no compensation paid by the state.
    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, but may order release pending 
trial with the prosecutor's consent. If a prosecutor opposes release, 
the order is frozen until an appeals court decides whether to grant 
release. Under the law, the prosecutor has total discretion to deny 
provisional release pending trial for cases involving threats to state 
security, murder and embezzlement. However, since judges lacked 
sufficient time to review all cases, orders to extend detention were 
often signed without consideration of the facts to avoid releasing 
potentially guilty detainees.
    During the year the Supreme Court heard an ONDH case regarding 23 
detainees who had been held in pretrial detention between two and six 
years for felonies including murder, gang rape, robberies, and criminal 
conspiracies. The Supreme Court released six detainees and sentenced 
the remaining 18 to various jail terms.

    e. Denial of Fair Public Trial.--Although the constitution and law 
provide for an independent judiciary, the judiciary was subject to 
corruption and government influence.
    Magistrates continued to publicly criticize their working 
conditions, including overwhelming case loads, lack of equipment, and 
inadequate transportation. Magistrates also openly questioned the 
Government's commitment to judicial independence.
    After a long hiatus, the High Council of the Magistrature met 
during the year and made several decisions including the appointment of 
the head of the new Supreme Court. Based on French civil law, the 
judiciary is composed of ordinary courts and several higher and special 
courts. In July the constitution was amended to reintroduce a Supreme 
Court. The new Supreme Court is the final court of appeal for all 
judicial and civil cases and is the highest judicial institution. Other 
components of the judiciary include the Constitutional Council, which 
has jurisdiction over all constitutional and electoral issues, and the 
Accounting Court that has jurisdiction on financial and budgetary 
affairs.
    In July the Cour d'Assises was also reformed. It is a specialized 
court attached to the Court of Appeals, which meets twice a year to 
prosecute felony cases. Jurors were eliminated from the Cour d'Assises 
so that only judges deliberate on the cases. It is possible to appeal 
verdicts of the Cour d'Assises.
    The High Court of Justice presides over cases against senior 
government officials concerning acts committed in an official capacity. 
The court has the authority to convict and sentence or acquit. It is 
composed of eight national assembly deputies and one judge. The 
National Assembly elects the eight deputy members of the High Court and 
eight substitutes, at the beginning of each session. Three-fifths of 
all deputies must vote to pass a resolution to permit prosecution of a 
head of state or minister. If a resolution is so passed, the High Court 
can convene.
    While civil court judges preside over civil and customary law 
cases; plaintiffs can also bring disputes involving family matters to 
religious judges, who act as advisors. Religious law has been 
incorporated into the country's laws. Individuals and companies can 
also refer commercial disputes to arbitration courts and some citizens 
still rely on tribal leaders to settle family and community disputes.
    The Regional Court of Dakar includes a military tribunal, which has 
jurisdiction over crimes that are military in nature. The tribunal is 
composed of a civilian judge, a civilian prosecutor, and two military 
assistants to advise the judge, one of whom must be of equal rank to 
the defendant. The tribunal may try civilians only if they were 
involved with military personnel who violated military law.

    Trial Procedures.--All defendants have the right to a public trial, 
to be present in court, confront witnesses, present evidence and 
witnesses, and have an attorney in felony cases.
    Evidentiary hearings may be closed to the public and the press. 
Although defendant and counsel may introduce evidence before the 
investigating judge who decides to refer a case for trial, they do not 
always have access to all evidence presented prior to trial. Access to 
evidence may be limited by police who want to protect their informants. 
A panel of judges presides over ordinary courts in civil and criminal 
cases since trials by jury were eliminated by a law passed on July 28. 
Defendants are presumed innocent. The right of appeal exists in all 
courts, except for the High Court of Justice. All of these extend to 
all citizens.

    Political Prisoners and Detainees.--On October 10, the Government 
arrested five members of the Socialist Party for distributing pamphlets 
in front of the National Assembly. The detainees were held for eight 
days on charges of unlawful gathering, before they were granted bail. 
On October 22, a judge on the regional court of Dakar dismissed the 
case. There were no other known political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Citizens may seek 
cessation of and reparation for human rights violations in regular 
administrative or judicial courts. Administrative remedies also can be 
sought by filing a complaint with the High Commission for Peace and 
Human Rights based in the Office of the President. However, corruption 
and lack of independence hampered judicial and administrative handling 
of these cases. At times prosecutors refused to prosecute security 
officials, and violators often went unpunished. In addition, there were 
problems in enforcing court orders, since the Government can ignore 
court orders without legal consequences.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice; 
however, human rights organizations stated that illegal phone 
monitoring by security services was common practice.
Section 2. Respect for Civil Liberties, Including:
    Freedom of Speech and Press.--The constitution and law provide for 
freedom of speech and of the press; however, the Government limited 
these rights in practice, and security forces and politicians 
intimidated or harassed journalists during the year. Journalists also 
practiced self-censorship.
    Individuals could generally criticize the Government publicly or 
privately without reprisals.
    There were several independent and three government-affiliated, 
newspapers. Due to high illiteracy rates, radio was the most important 
medium of mass information and source of news.
    There were approximately 80 community, public, and private 
commercial radio stations. Although an administrative law is in place 
to regulate radio frequency assignments, community radio operators 
claimed there was a lack of transparency in the allocation of 
frequencies. Radio stations were often controlled by a single 
religious, political, or ethnic group.
    Although the Government continued to maintain a monopoly on locally 
televised information and opinion through Radio Television Senegal 
(RTS), three privately-owned television channels broadcast during the 
year. Under law the Government must hold a majority interest in RTS, 
and the president directly or indirectly controlled selection of all 
members of the 12-person RTS executive staff. Several human rights and 
journalist groups criticized the fact that some religious leaders were 
able to broadcast on government-controlled TV and radio without charge, 
while other groups were obliged to pay.
    Government failure to enforce regulations on establishing media 
outlets and government-provided media assistance resulted in an 
increase of unprofessional or politicized media. Journalists and human 
rights groups maintained that some media outlets-such as the dailies 
Express News and Le Messager and FM radio stations Anur and RMD-were 
created solely to refute antigovernment criticism.
    Journalists continued to criticize government efforts to control 
media content by selectively granting or withholding state subsidies, 
which were given to both government-affiliated and private independent 
media. The Government frequently used subsidies, and in a few cases 
threats and intimidation, to pressure the media not to publicize 
certain issues.
    The international media were active and expressed a wide variety of 
views without restriction.
    During the year a number of journalists were intimidated, beaten, 
and jailed, leading to a two-month period of demonstrations against the 
Government by media organizations. In addition there was growing 
concern about the culture of impunity for crimes and threats by 
government and religious leaders against journalists.
    On April 10, Madiambal Diagne, publisher of the weekly magazine 
Weekend, filed a complaint after receiving death threats from Mouride 
disciples over an interview with one of the wives of Caliph-General 
Serigne Bara Mbacke. No one was charged by year's end.
    On April 16, in Dakar, police forcibly entered independent 
television station Wal Fadjiri and terminated its live broadcast of a 
demonstration by the Consumer Association. The police seized the 
television station's videotapes without a court order.
    On April 18, PDS political leader Moustapha Cisse threatened to 
shoot Ibrahima Benjamin Diagne, a reporter for the Diourbel-based Radio 
Disso FM station, after a listener criticized Cisse during a radio talk 
show.
    Following the June 1 national political dialogue known as Les 
Assises Nationales, the Government threatened to punish all those who 
attended, including members of the diplomatic corps. The dialogue was 
organized by political opponents of the Government and included a 
number of civil society members seeking political reforms.
    On June 3, President Wade threatened Yakham Mbaye, editor of the 
daily newspaper Le Populaire. Mbaye had tried to question the president 
during a press conference at an international World Food Security 
conference in Rome.
    On June 13, Caliph-General Serigne Bara Mbacke, the Mouride 
Brotherhood leader, grabbed reporter Babou Birame Faye of the Weekend 
magazine in the region of Diourbel. Caliph Mbacke was reportedly 
unhappy with a report about his private life. Some of his disciples 
attempted to beat Faye, but the caliph stopped them. Although not 
injured, Faye was intimidated with the threat of possible further 
reprisals by the caliph's disciples. The caliph later apologized and 
the journalists' union refrained from filing a complaint against him.
    On June 21, police attacked Boubacar Campbell Dieng and Karamokho 
Thioune, journalists of Radio Futurs Media and West Africa Democracy 
Radio respectively, after a soccer match at Senghor stadium in Dakar. 
The attack occurred in an area where the media was allowed to interview 
players. There were no investigations or charges filed against 
perpetrators by the end of the year.
    On August 7, the minister of transportation threatened to beat a 
journalist from the daily newspaper Walf Grand-Place after the 
journalist reportedly accused the minister of lying about his 
educational degree. On August 17, 12 men led by the driver of the 
Minister of Air Transportation, Farba Senghor, invaded and ransacked 
the premises of 24 Heures Chrono and L'As, two privately owned Dakar-
based daily newspapers. The men were later sentenced to jail terms of 
between five to six years. They appealed the sentencing, but there were 
no further case developments by year's end. On August 28, Senghor 
resigned his post; no charges had been filed against him by year's end.
    On August 28, the police closed down the office of 24 Heures 
Chrono, arrested editor-in-chief El Malick Seck, and seized the August 
28th edition of the publication. The newspaper had published an old, 
vaguely sourced story claiming the president and his son Karim had been 
involved in laundering money stolen from the Central Bank for West 
African Countries. On September 12, the court found Seck guilty of 
``disseminating false news'' and ``public insult.'' Seck received a 
three-year prison term, which he appealed, and the newspaper was 
suspended for three months. The newspaper did not resume publishing by 
year's end and there were no further developments in the Seck case by 
year's end.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
With more than a dozen Internet service providers and an estimated 2.3 
million subscribers, the country had extensive online access. Cyber 
cafes were numerous in Dakar and often found in provincial centers. 
Approximately 60 percent of the country, however, was not connected to 
the country's electrical grid.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Although the constitution and law provide for freedom of 
assembly, the Government interfered with this right in practice. During 
the year the Government repeatedly denied public permits for civil 
society and opposition demonstrations. Opposition groups complained of 
undue delays when waiting for a government response to authorization 
requests.
    On March 30, in Dakar, police beat and detained Momar Ndao and Jean 
Pierre Dieng, leaders of the Consumer Association, following a protest 
staged by their organization to demand that the Government lower the 
prices of certain commodities. On April 16, Ndao and Dieng were 
prosecuted and each received a one-month suspended sentence.
    During the year police used excessive force to disperse 
unauthorized demonstrations, resulting in injuries. No action was taken 
against the perpetrators.
    On July 28, gendarmes opened fire against demonstrators in 
Marsassoum, in the region of Sedhiou, injuring 10 persons. The 
demonstrators had blocked roads to pressure central government 
authorities to grant their area higher priority in the ongoing 
decentralization process.
    There were no developments in the April 2007 killing by Kolda 
police of Dioutala Mane, who had been participating in a demonstration 
against the death of Dominique Lopy in police custody.
    During the year there was no action taken against the Ziguinchor 
riot police who beat seven female elementary teachers in May 2007.
    During the year no action was taken against police who beat with 
clubs a group of disabled former servicemen in September 2006.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    Any religious group seeking 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.
    Unlike other religious groups, Muslims have the right to choose 
Muslim-based laws contained in the family code for marriage and 
inheritance cases. Civil court judges can preside over civil and 
customary law cases, but many disputes were turned over to religious 
leaders for adjudication, particularly in rural areas.
    Muslims and Christians continued to enjoy harmonious relationships. 
On September 26, Muslims and Christian leaders led a joint prayer to 
commemorate the anniversary of the sinking of the ferry Joola.
    During the year the Agency for the Organization of the Islamic 
Conference (ANOCI) provided support to mosques damaged by floods and 
built a parking lot for Dakar's main Christian cemetery. The Government 
provided some financial support for both Muslim and Christian 
pilgrimages.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of 
religious groups. There were approximately 120 resident Jews in 
country; there were no reports of anti-Semitic activities during the 
year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government generally cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, asylum seekers, and stateless persons.
    Some public employees, including teachers, are required by law to 
obtain government approval before departing the country; however, this 
law was not generally enforced.
    The constitution and law prohibit forced exile, and the Government 
did not employ it.
    Some local leaders advised NGOs to gauge MFDC reaction in the 
Casamance region before undertaking projects or traveling in areas with 
a strong rebel presence. Military check points were still erected by 
the army, but no restriction of movement was noted. Highway robberies 
deterred many from traveling by road.

    Internally Displaced Persons (IDPs).--During the 23-year-old 
Casamance conflict, tens of thousands of persons have left villages in 
the region due to fighting, forced removal, and landmines, and many 
persons were reportedly displaced during the year in the region. The 
Government estimated that there were approximately 10,000 IDPs in the 
Casamance. Some IDPs who attempted to return to their villages met 
hostility from MFDC combatants in rural communities south of 
Ziguinchor. On March 16, MFDC forces reportedly detained for three days 
12 IDPs who had returned to their village of Mbissine to prepare their 
land for farming.

    Protection of Refugees.--The law provides for the granting of 
refugee or asylum status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. Since the president must approve each case, delays of one to 
two years in granting refugee status remained a problem. In practice 
the Government provided some protection against the expulsion or return 
of refugees to countries where their lives or freedom would be 
threatened. The Government generally granted refugee status or asylum, 
and provided refugees with food and nonfood assistance.
    The Government violated the rights of some asylum seekers by not 
offering them due process or security since appeals filed by denied 
asylum seekers were examined by the same committee that examined their 
original cases, and a denied asylum seeker can be arrested for staying 
illegally in the country. Those arrested sometimes remained in 
``administrative detention'' for up to three months before being 
deported.
    Since 1989 the country has offered temporary protection to 
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 refugee 
documents from authorities and sometimes encountered administrative 
difficulties when using their expired refugee application receipts. On 
January 29, UNHCR began a repatriation program of Afro-Mauritanians 
from the country to Mauritania, resulting in approximately 5,000 
persons returned during the year. In addition the Government continued 
to permit generally unsupervised and largely informal repatriation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens generally exercised this 
right in February presidential elections and June legislative 
elections. For the first time, military and paramilitary forces were 
allowed to vote.

    Elections and Political Participation.--The National Assembly 
postponed local elections that were scheduled for May to March 2009.
    In February 2007 President Wade was reelected to a second term with 
approximately 55 percent of the vote, which ensured him a first round 
victory over 14 other candidates. International observers declared the 
voting to be generally free and fair; however, there was preelection 
violence and irregularities, especially in the issuance of voter cards. 
Noting that numerous persons voted multiple times and that voter 
registration cards were deliberately issued late in non PDS-dominated 
areas, many opposition parties did not accept the election results. The 
parties petitioned the Constitutional Council to void the election; 
however, the council rejected their petition. In the June 2007 
legislative election, President Wade's PDS coalition won 131 of 150 
seats. International observers declared the elections to be generally 
free and fair. Opposition parties, organized under the umbrella 
organization ``Front Siggil Senegal,'' boycotted the elections, 
resulting in a historically low turnout of 34.7 percent. Senate 
elections were held in August 2007 after a January 2007 law 
reestablished the Senate. Thirty five senators are indirectly elected 
by local officials and members of parliament; the remaining 65 senate 
seats are filled by the president. The PDS won 34 of the 35 contested 
seats. The main opposition parties boycotted the elections, since the 
majority of senate seats are appointed.
    The 100 registered political parties operated without restriction 
or outside interference.
    At year's end there were 34 women in the 150-seat National Assembly 
and five women in the 31-member cabinet. Only 13 percent of locally 
elected leaders were women. The 100-member Senate included 37 women. 
Women's groups argued that the current apportionment of Senate seats 
should be declared unconstitutional, as the constitution states that 
two-fifths of seats should be allocated to women.
    There were approximately 39 members of minority groups in the 150-
seat National Assembly and an estimated 12 members in the 39-member 
cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively and officials often engaged in corrupt 
practices with impunity.
    The World Bank's 2008 Worldwide Governance Indicators reflected 
that corruption was a serious problem, and there was widespread public 
perception of government corruption. The perception was exacerbated by 
officials granting themselves salary increases, vehicles, and land over 
the last few years to National Assembly deputies and civil servants at 
all levels.
    The National Commission to Fight Non-Transparency, Corruption, and 
Government Fraud had no authority to investigate or prosecute. It 
remained inefficient in fighting corruption, and no government 
officials were prosecuted for the crime. However, on July 28, the 
Government passed a law giving commission members financial benefits 
and extending their terms of office for another six years from 2007.
    In July President Wade circulated a petition calling for the 
resignation of the National Assembly President Macky Sall. Sall, who 
previously served as prime minister, had supported a call for the 
president's son, as the head of ANOCI, to testify about the use of 
funds for infrastructure. Wade's petition was unsuccessful in removing 
Sall; however, in October the National Assembly passed a bill reducing 
the tenure of office of the National Assembly presidency and voted to 
dismiss Sall. Sall subsequently resigned from the PDS ruling party and 
created a new political party called the Alliance for the Republic.
    The 2006 case of Pape Malick Ndiaye was still pending at year's 
end, although Ndiaye was freed on bail in January 2007 and remained 
free at year's end. Ndiaye was originally charged with libel and fraud 
for accusing Abdoulaye Balde, the Secretary General of ANOCI, of taking 
a kickback related to ANOCI-related public works.
    The constitution and law provide citizens the right to access 
government information freely; however, the Government rarely provided 
access in practice.
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 findings. However, 
some human rights organizations alleged that their telephones were 
regularly tapped during the year.
    Local independent NGOs included Tostan, the Committee to Combat 
Violence Against Women and Children (CLVF), ONDH, RADDHO, Terre des 
Hommes International Federation, and Plan International Senegal.
    The Government's National Committee on Human Rights (NCHR) includes 
government representatives, civil society groups, and independent human 
rights organizations. The NCHR has the authority to investigate abuses; 
however, it lacked credibility since it was poorly funded, did not meet 
regularly, and did not conduct investigations or release a report 
during the year.
    According to the NCHR, the Government met regularly with civil 
society and human rights NGOs to discuss topics including 
discrimination (racial, gender, and religious), migration, and domestic 
violence. The Government was somewhat responsive to inquiries by NGOs 
and held meetings with them to discuss rights issues such as torture, 
domestic violence, and the Hissein Habre case.
    Death threats against leaders of opposition political parties, 
unions, journalists, NGOs and even a senior official were common and 
generally were believed to originate in circles close to the ruling 
party.
    Although the Government did not prevent visits by international 
organizations, no such visits were reported during the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides that men and women are equal under the 
law and prohibits all forms of discrimination. However, gender 
discrimination was widespread in practice, and antidiscrimination laws 
often were not enforced.

    Women.--Rape was a widespread problem, while spousal rape remained 
difficult to quantify since it was a taboo subject and very seldom 
reported. The law prohibits rape, but not spousal rape; however, the 
Government rarely enforced the law. A womens' rights NGO criticized the 
country's lack of rape shield laws which allow the common practice of 
using a woman's sexual history to defend men accused of rape. 
Prosecutions for rape remained minimal since judges seldom have 
sufficient proof that rape occurred, especially when rape happens 
within a family. It is common to settle rape cases out of court to 
avoid the publicity and costs associated with prosecution. Ministry of 
Justice statistics estimate that 47 percent of accused rapists go 
unpunished and released without going to trial. According to APROFES, a 
women's NGO, there were 195 documented cases of rape and sexual abuses 
during the year.
    Domestic violence, including spousal abuse, was a widespread 
problem. Several women's groups and the NGO CLVF reported a rise in 
violence against women during the year. Violence against women is 
against the law, but the law was not enforced. The law criminalizes 
assaults and provides for a punishment of one to five years in prison 
and a fine. If the victim is 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 imprisonment. The CLVF 
criticized the failure of some judges to apply the law, citing cases 
where judges claimed lack of adequate evidence as a reason to issue 
lenient sentences.
    Police usually did not intervene in domestic disputes, and most 
persons were reluctant to go outside the family for redress. There were 
no statistics available on the number of abusers prosecuted under the 
law. The CLVF indicated that the availability of more shelters and its 
successful campaign to sensitize women to their rights resulted in a 
substantial increase in reports of domestic violence.
    Organizations combating violence criticized the Government's 
failure to permit associations to bring suit on behalf of victims. The 
Ministry of Women, Family, Social Development, and Women's 
Entrepreneurship was responsible for ensuring the rights of women.
    There were no government programs to combat domestic violence 
during the year.
    Although soliciting customers is illegal, prostitution is legal if 
individuals are at least 21 years of age, register with the police, 
carry a valid sanitary card, and test negative for sexually transmitted 
infections. NGOs working with prostitutes claimed that police targeted 
prostitutes for abuse and extortion. There were arrests of illegal 
foreign prostitutes, underage prostitutes, and pimps during the year. 
Evidence suggested foreign prostitutes' entry into the country was 
professionally organized.
    The law mandates prison terms of five months to three years, and 
fines of 50,000 to 500,000 CFAF (approximately $100 to $1,000) for 
sexual harassment; however, the practice was common. The Government did 
not effectively enforce the law, and women's rights groups claimed 
sexual harassment victims found it difficult, if not impossible, to 
present sufficient proof to secure prosecutions.
    Under national law, women have the right to choose when and whom 
they marry, but traditional practices restricted a woman's choice. The 
law prohibits marriage for girls younger than 16, although this law was 
not enforced in some communities where marriages were arranged. Under 
certain conditions, a judge may grant a special dispensation for 
marriage to a person below the age of consent. Women typically married 
young, usually by the age of 16 in rural areas.
    Women faced pervasive discrimination, especially in rural areas 
where traditional customs, including polygyny and rules of inheritance, 
were strongest. According to the law, a woman's approval is required 
for a polygynous union, but once in such a union, a woman need not be 
notified nor give prior consent for the man's subsequent marriage. 
Approximately 50 percent of marriages were polygynous. Although 
protected under the law, marriage rights were not enforced due to 
sociocultural pressures, judicial reluctance to enforce the law, and a 
lack of information on marriage laws.
    The Family Code's definition of paternal rights remains an obstacle 
to equality between men and women, as men are considered the head of 
household and women cannot take legal responsibility for their 
children. Women can only become the legal head of family when the 
father formally renounces his authority before the administration. This 
makes it particularly difficult for the 20 percent of families that are 
supported and led by women. Problems in both the law and traditional 
practices also made it difficult for women to purchase property.
    Women represented 52 percent of the population, but performed 90 
percent of domestic work and 85 percent of agricultural work.

    Children.--The Government was somewhat committed to children's 
rights and welfare. The Ministry of Women's Affairs, Family, Social 
Development, and Women's Entrepreneurship was responsible for promoting 
children's welfare and was assisted by the health, education, and labor 
ministries.
    The law provides for free education, and education is compulsory 
for all children ages six to 16; however, many children did not attend 
school due to lack of resources or available facilities. Students must 
pay for their own books, uniforms, and other school supplies. Due to 
efforts of the Government, NGOs, and international donors, primary 
school enrollment reached 82.3 percent during the year.
    The highest level of education attained by most children was 
primary school. The middle school enrollment rate was 31.9 percent, and 
the secondary school enrollment rate was 10.9 percent. During the 2006-
07 academic year, more girls than boys were enrolled in elementary 
school; however, 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 rather than sons from school. Only 23 percent of women and 
girls over 15 years of age were literate, compared with 43 percent of 
men. However, this differential is decreasing as a result of a UNICEF 
program, currently active in Tambacounda, Kolda, and Ziguinchor, to 
enroll girls in schools. A foreign government supported a middle school 
construction program to increase girls' enrollment.
    The Government took steps to provide religious education classes in 
the formal school system as an alternative to parents sending their 
children to Koranic schools, where trafficking in the form of forced 
begging often occurred. The Government also has a program to provide 
education and social services to at-risk children.
    Child abuse was common. Easily observable were the many poorly 
dressed, barefoot young boys, known as talibes, begging on street 
corners for food or money for their Koranic teachers, known as 
marabouts. These children were exploited by their teachers and exposed 
to dangers. Physical abuse of talibes was widely known and discussed. A 
2007 joint study by UNICEF, the International Labor Organization (ILO), 
and the World Bank identified 7,600 child-beggars in the Dakar area. 
Most of these children were around 10-years-old, although some as young 
as two were reported. In general they were undernourished and prone to 
sickness. Since they beg full time they devote almost no time to 
Koranic studies, and are forced to give the proceeds of their begging 
to their teachers. The average that each child was expected to collect 
per day was 400 CFA (approximately $0.80).
    On July 3, a marabout severely beat an eight-year-old talibe for 
collecting less than the daily quota. Police arrested the marabout and 
he was prosecuted on October 2; he received a five-year sentence in 
November.
    The law punishes sexual abusers of children with five to 10 years' 
imprisonment. If the offender is a family member, the punishment is 10 
years' imprisonment. Any offense against the decency of a child is 
punishable by imprisonment for two to five years and in certain 
aggravated cases up to 10 years. Procuring a minor for prostitution is 
punishable by imprisonment for two to five years and a fine of 300,000 
to 4 million CFAF (approximately $575 to $7,600). However, the law was 
not effectively enforced in general.
    There were periodic reports of child rape and pedophilia. On March 
6, a 13-year-old girl was raped in Keur Massar and, on May 17, a nine-
year-old girl was kidnapped, raped, and abandoned in Guediawaye. In 
both cases the alleged perpetrators were arrested by the police; 
however, neither had been tried by year's end.
    On October 3, an individual named Abdoulaye Wade, who was 
reportedly mentally ill, raped and killed an 11-year-old girl in Dakar. 
Wade was subsequently beaten to death by a local mob.
    On October 12, a 14-year-old girl was killed by her uncle in 
Ziguinchor. The man was arrested and was awaiting trial at year's end.
    The media reported that on October 18, a man reportedly posing as a 
police officer raped a 17-year-old girl in Dakar. No arrest was made by 
year's end.
    Due to social pressures and fear of embarrassment, incest remained 
taboo and often went unreported and unpunished. A womens' rights NGO 
stated that, of all cases of violence committed against girls, paternal 
incest was increasing the fastest.
    The NGO Tostan and UNICEF estimated that FGM was practiced in 
thousands of villages throughout the country. Some girls were as young 
as one when FGM was performed on them. Almost all women in the 
country's northern Fouta region were FGM victims, as were 60 to 70 
percent of women in the south and southeast. Sealing, one of the most 
extreme and dangerous forms of FGM, was sometimes practiced by the 
Toucouleur, Mandinka, Soninke, Peul, and Bambara ethnicities, 
particularly in rural and some urban areas.
    FGM is a criminal offense under the law, carrying a prison sentence 
of six months to five years for those directly practicing it or 
ordering it to be carried out on a third person. However, many persons 
still practiced FGM openly and with impunity. The Government prosecuted 
those caught engaging in the practice and fought to end FGM by 
collaborating with the NGO Tostan and other groups to educate people 
about its inherent dangers. Tostan reported that 3,307 out of an 
estimated 5,000 communities had formally abandoned the practice by 
year's end. According to Tostan the movement to abandon FGM 
accelerated, with 60 percent of previously FGM-practicing communities 
in the country ending the harmful practice.
    Family ministry officials and women's rights groups considered 
child marriage a significant problem in parts of the country, 
particularly in rural areas, although child marriage is against the 
law. Girls, sometimes as young as nine-years-old, were married to older 
men due to religious, economic, and cultural reasons.
    Women's rights groups highlighted infanticide, usually due to 
poverty or embarrassment, as a continuing problem. Domestic workers or 
women from villages working in cities who became pregnant sometimes 
killed their babies, since they could not care for them. Others, who 
were married to men working outside the country, killed their infants 
out of shame. In some cases, the families of the women shamed them into 
killing their own babies. Methods ranged from burying them alive, 
putting them in septic tanks, or simply abandoning them along the road. 
When the identity of the mother was discovered, the police arrested and 
prosecuted her.
    Many children were displaced due to the Casamance conflict and 
often lived with extended family members, neighbors, in children's 
homes, or on the streets. The Government lacked adequate resources to 
effectively support these children. According to NGOs in the Casamance, 
displaced children suffered from the psychological effects of conflict, 
malnutrition, and poor health. According to UNICEF there were an 
estimated 100,000 talibe boys and 10,000 street children.

    Trafficking in Persons.--The constitution and law prohibit 
trafficking in persons; however, persons were trafficked to, within, 
and from the country. Laws that prohibit pimping and kidnapping can be 
used in some trafficking cases.
    Trafficking in and through the country was significant, especially 
with regard to child begging. Talibes were trafficked from neighboring 
countries, including The Gambia, Mali, Guinea, and Guinea-Bissau, and 
internally to participate in exploitive begging for some Koranic 
schools.
    Young girls were trafficked from villages in the Diourbel, Fatick, 
Kaolack, Thies, and Ziguinchor regions to urban centers for work as 
underage domestics.
    Young girls from both urban and rural areas were involved in 
prostitution, which NGOs stated involved an adult pimp to facilitate 
commercial sex transactions or provide shelter. Young boys also were 
involved in prostitution, particularly to support their families.
    The country was believed to be a transit point for women en route 
to Europe for sexual purposes.
    Under the law, those who recruit, transport, transfer, or harbor 
persons, whether by means of violence, fraud, abuse of authority, or 
otherwise for the purposes of sexual exploitation, labor, forced 
servitude, or slavery are subject to punishment of five to 10 years' 
imprisonment and a fine of five to 20 million CFAF (approximately 
$10,000 to $40,000). When the crime involves torture, barbarism, the 
removal of human organs, or exposing the victim to a risk of death or 
injury, prison terms range from 10 to 30 years. The Government did not 
effectively enforce the law. There was no available data as to who were 
principal traffickers.
    The human rights commissioner and the family ministry were the 
Government coordinators on human trafficking issues.
    Most government efforts to combat trafficking in persons were 
centered in the Ministry of Women, Family, Social Development, and 
Women's Entrepreneurship. The ministry operated the Ginddi Center in 
Dakar, a children's center where child trafficking victims received 
nutritional, medical, and other assistance. The center accommodated 
children from The Gambia, Mali, Guinea-Bissau, and Guinea. The center 
also operated a toll-free child protection hot line that fielded many 
calls. With assistance from a foreign government, the police have 
established a trafficking-in-persons database. There were no government 
programs to protect or assist trafficked women.
    The State Department's annual Trafficking in Person's Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services, and the 
Government effectively enforced it. The law also mandates accessibility 
for persons with disabilities; however, there was a lack of 
infrastructure to assist them. The Ministry of National Solidarity is 
responsible for protecting the rights of persons with disabilities.
    The law reserves 15 percent of new civil service positions for 
persons with disabilities. However, according to the Senegalese 
National Association of People with Physical Disabilities, the National 
Assembly must pass a pending implementation bill to make the law 
operational. The Government operated schools for children with 
disabilities, provided grants for persons with disabilities to receive 
vocational training, and managed regional centers for persons with 
disabilities to receive training and funding for establishing 
businesses.
    Several government programs, which appeared to be earmarked for 
persons with disabilities, offered services to other vulnerable 
populations, reducing resources for persons with disabilities. Due to a 
lack of special education training for teachers and a lack of 
facilities accessible to children with disabilities, only approximately 
40 percent of such children were enrolled in primary school.
    During the year the Government completed construction of five 
multipurpose social centers in the country as part of its five-year 
national program for community- based rehabilitation of persons with 
disabilities.
    During the year the Association of Handicapped Students of the 
University of Dakar demanded better living conditions, noting that many 
of their members had to abandon their studies due to poor lodging and 
working conditions. The 210 students of the university lived six 
persons to a room that was built to house two. In March the Association 
of Female Handicapped of MBour denounced the stigmatization they 
suffered from employment discrimination and mobility problems.
    The following May 2006 cases remained pending at year's end: the 
rape of a 16-year-old deaf and mute girl in Thiaroye, and the rape of a 
15-year-old girl with disabilities in Yeumbeul.

    National/Racial/Ethnic Minorities.--While the country's many ethnic 
groups have coexisted relatively peacefully, interethnic tensions 
between Wolofs and southern ethnic groups played a significant role in 
the long-running Casamance rebellion that was characterized by grievous 
human rights abuses.

    Other Societal Abuses and Discrimination.--As a result of both 
government and NGO HIV/AIDS awareness campaigns, persons with HIV or 
AIDS were increasingly accepted in society.
    Homosexuality, which is indirectly referred to in the law as 
``unnatural sexual intercourse,'' is a criminal offense. This article 
of the criminal code has been used to prosecute homosexuals. 
Homosexuals faced widespread discrimination, social intolerance, and 
acts of violence.
    On February 2, the DIC arrested Pape Mbaye, a well-known homosexual 
entertainer, and five of his friends after a magazine published photos 
of Mbaye attending a 2006 homosexual marriage ceremony. Mbaye was 
jailed for five days before being released. He was not formally 
charged, and his friends also were released after they threatened to 
identify influential persons as being homosexual. After police and 
Ministry of the Interior officials reportedly told Mbaye that they 
could not protect him against subsequent societal harassment, Mbaye 
fled to Ziguinchor and The Gambia. Mbaye returned to Dakar on May 16, 
and the NGO RADDHO took up his case. On June 9, authorities issued 
Mbaye a passport and he later left the country.
    On February 15, the Government did not authorize an attempt by an 
Islamic group to stage an antigay demonstration at the Grand Mosque of 
Dakar.
    On April 2, three homosexuals reportedly were attacked in 
Ziguinchor. One of them was severely injured and taken to a hospital. 
No arrests occurred by year's end.
    On August 12, a mob attacked a suspected homosexual man in the 
Dakar suburb of Patte D'Oie. The man sustained injuries and was treated 
at a hospital. No arrests occurred by year's end.
    On December 19, police raided the home of Diadji Diouf, the 
director of AIDES Senegal, an NGO provides HIV prevention services. The 
police arrested Diouf and seven men; they remained in custody at the 
end of the year.
Section 6. Worker Rights
    a. The Right of Association.--By law, all workers, except security 
forces, including police and gendarmes, customs officers and judges, 
are free to form and join unions, and workers exercised this right in 
practice. However, the labor code requires the interior minister to 
give prior authorization before a trade union can exist legally. The 
Government can also dissolve trade unions by administrative order, but 
did not do so during the year. The labor code does not apply to the 
agricultural or informal sectors, and thus the majority of the 
workforce. Approximately 4 percent of the workforce was employed in the 
private industrial sector, of which 40-50 percent belonged to unions.
    The law provides for the right to strike, and workers exercised 
this right; however, there were significant restrictions. The law 
states that workplaces may not be occupied during a strike. Several 
strikes were staged during the year by transportation, health, 
education, bakery, and waste collection workers. Unions representing 
members of the civil service must notify the Government of their intent 
to strike at least one month in advance; private sector unions must 
notify the Government three days in advance.

    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 collective bargaining, and it was freely practiced everywhere 
but in private security companies. Collective bargaining agreements 
applied to approximately 44 percent of union workers.
    Antiunion discrimination is prohibited by law; and no antiunion 
discrimination occurred during the year.
    There are no special laws or exemptions from regular labor laws in 
the country's one export processing zone.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, such 
practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law bans the exploitation of child labor, and there are regulations on 
child labor that set the minimum working age, working hours, working 
conditions, and bar children from performing particularly dangerous 
jobs; however, child labor was a problem. Most child labor occurred in 
the informal economy where labor regulations were not enforced. 
Economic pressures and inadequate educational opportunities often 
pushed rural families to emphasize labor over education for their 
children.
    The minimum age for employment was 15; however, children under the 
age of 15 continued to work in traditional labor sectors, particularly 
in rural areas where there was no enforcement of child labor laws.
    In August the Government's National Agency of Demography and 
Statistics published a national child labor survey which measured the 
economic activities of children during the prior 12 months. According 
to the survey 1,378,724 of the country's 3,759,074 children between the 
ages of five and 17 years worked. Child labor was especially common in 
the regions of Tambacounda, Louga, and Fatick. Child labor is prevalent 
in many informal and family-based sectors such as agriculture, fishing, 
artisanal gold mining, garage mechanics, and metal and wood working 
shops.
    Many 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 or work in the agriculture sector under the threat 
of physical punishment.
    One particularly egregious area of child labor was in the mining 
and rock quarry sector. Child gold washers, mostly between the ages of 
10 and 14, worked approximately eight hours a day without training or 
protective equipment. Children worked long hours in rock quarries, 
crushing rock, and carrying heavy loads without protection. Both types 
of work resulted in serious accidents and long-term illness.
    According to an October 2007 government survey, 90 percent of 
children in Kaolack, Fatick, and Ziguinchor carry out tasks detrimental 
to their health and education. The study also found that 75 percent of 
girls were responsible for domestic chores, leading to many dropping 
out of school.
    The labor ministry and 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 and can act on tips from trade unions or 
ordinary citizens. In practice inspectors did not initiate visits 
because of a lack of resources and relied on unions to report 
violators. Labor inspectors closely monitored and enforced minimum age 
rules within the small formal-wage sector, which included state-owned 
corporations, large private enterprises, and cooperatives. However, 
there were no statistics available on the number of violations found.
    The Government has raised awareness of the dangers of child labor 
and exploitive begging through seminars with local officials, NGOs, and 
civil society. The Government also participated in a project funded by 
a foreign government to withdraw 3,000 children from and prevent 6,000 
others from entering exploitive child labor in agriculture, fishing, 
begging, and domestic service. The Government also participated in an 
ILO project to combat child labor.
    To reduce the incidence of exploitive begging, the Ministry of 
Women, Family, Social Development, and Women's Entrepreneurship is 
implementing a program to help support 48 Koranic schools whose 
teachers do not force their students to engage in begging.

    e. Acceptable Conditions of Work.--The national minimum wage was 
209 CFAF (approximately $0.42) per hour, which did not provide a decent 
standard of living for a worker and family. The Ministry of Labor was 
responsible for enforcing the minimum wage. Labor unions also acted as 
watchdogs and contributed to effective implementation of minimum wage 
in the formal sector. The minimum wage was not respected in the 
informal sector, especially for domestic workers.
    Within the formal sector, the law mandates for most occupations a 
standard workweek of 40-48 hours with at least one 24-hour rest period, 
one month per year of annual leave, enrollment in government social 
security and retirement plans, safety standards, and other measures; 
however, enforcement was irregular. The law does not cover the informal 
sector. Premium pay for overtime was required in 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, including 
foreign or migrant workers, had the right to remove themselves from 
situations that endangered health or safety without jeopardy to their 
employment; however, it was seldom exercised due to high unemployment 
and a slow legal system. The Ministry of Labor, through the Labor 
Inspection Office, enforced labor standards. However, labor inspectors 
had very poor working conditions and lacked transportation to conduct 
their mission effectively.

                               __________

                               SEYCHELLES

    Seychelles is a multiparty republic of approximately 82,000 
citizens. In 2006 voters elected President James Michel, who assumed 
power in 2004 when former president France Albert Rene resigned. 
International observers deemed the process credible, although there 
were complaints of unfair campaign practices. The president and the 
Seychelles People's Progressive Front (SPPF) dominated the country 
through a pervasive system of political patronage and control over 
government jobs, contracts, and resources. The May 2007 National 
Assembly elections did not result in any change in the balance of power 
between the ruling SPPF and the opposition Seychelles National Party 
(SNP). Civilian authorities generally maintained effective control of 
the security forces.
    The Government generally respected the human rights of its 
citizens. However, the following human rights problems were reported: 
prolonged pretrial detention; abuse of detainees; arbitrary arrest and 
detention; an inefficient and politically influenced court system; 
restrictions on speech, press, and assembly; official corruption; 
violence against women and children; violations of and restrictions on 
labor rights; and discrimination against foreign workers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, but 
police and prison officers were accused of inhumane treatment of 
detainees.
    On April 11, Le Nouveau Seychelles Weekly reported that Special 
Support Unit (SSU) police officers beat and robbed 10 youths after they 
had been asked to kneel and pray. The 10 young persons spent the night 
in a police cell and were released without charges the following day.
    On May 1, Le Nouveau Seychelles Weekly reported that five soldiers 
arrested eight persons and handed them over to Central Police Station 
officers, who beat the detainees. One individual passed out from the 
beatings and was transferred to the hospital. Authorities charged the 
man with threatening violence and fined him SRS 500 (approximately $63) 
before releasing him the next day.
    On July 15, Italian Life, an online Italian magazine, and local 
newspapers reported that prison guards and other detainees at the 
Montagne Posee Prison physically abused and extorted money from an 
Italian prisoner awaiting trial. The prisoner subsequently was tried 
and sentenced to one year in prison; he was released on August 16 
following completion of his prison sentence, which was reduced to 
reflect time served before sentencing.
    On August 6, Regar, a local newspaper, reported that four police 
officers assaulted a man, sprayed him with tear gas, and took him to 
the Central Police Station where he was beaten. He was held overnight 
at Beau Vallon Police Station and released without charges the 
following morning.
    The Seychellois Muslim detainee who had his beard shaved and was 
allegedly abused physically by prison guards in July 2007 reported no 
further discrimination since an imam visited prison authorities in 
April.

    Prison and Detention Center Conditions.--Detention centers included 
the Grand Police High Security Prison for violent inmates and the 
Montagne Posee Prison for all other prisoners and those awaiting trial 
or sentencing. In June 2007 the Grand Police High Security Prison began 
transitioning all inmates to the newly opened Montagne Posee Prison. 
This transition was completed in August 2007, and the Grand Police High 
Security Prison was shut down, effectively leaving Montagne Posee 
Prison as the only prison. Prison officials stated that staff shortages 
forced guards to limit prisoner time outside their cells. The new 
facility housed high security and ordinary prisoners, including female 
prisoners, as well as those in pretrial detention. The prison, which 
had a maximum capacity of 400, held 305, including 185 men in pretrial 
detention and seven women. Male and female prisoners were held 
separately; however, remand prisoners were still kept with convicted 
criminals. On September 18, there were reports from foreign observers 
of hygienic problems at the prison. On a November 25 prison visit, 
foreign observers noted that there were inadequate sanitation 
facilities as a result of irregular water supply. On December 16, Le 
Nouveau Seychelles Weekly reported that prisoners held hunger strikes 
to protest against the hygiene and sanitation conditions, as well as 
food shortages. The same newspaper reported that on November 17, a 
South African prison consultant beat unconscious a prisoner who was 
later taken to hospital for treatment.
    The Government generally permitted independent monitoring of prison 
conditions by local and international human rights groups; however, on 
September 10, authorities denied a visit request by diplomatic 
observers. An Internal Affairs official said that the decision was due 
to the alleged absence of the prison superintendent. During the year 
the International Committee of the Red Cross (ICRC) did not make any 
request for prison visits.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not always observe these prohibitions (See Section 1.c.).
    On August 6, four police officers reportedly assaulted and sprayed 
a man with tear gas; he was taken to the police station, beaten again, 
held overnight, and released without charges.
    On April 11, Special Support Unit (SSU) police officers reportedly 
beat and robbed 10 youths, who spent the night in a police cell and 
then were released without charges.

    Role of the Police and Security Apparatus.--The president has 
complete control over the security apparatus, which includes the 
National Guard, the Seychelles People Defense Forces (SPDF), the 
Presidential Protection Unit, the Coast Guard, and the police. The 
police commissioner, who reports directly to the president, commands 
the unarmed police and the armed paramilitary Police Mobile Unit, which 
together have primary responsibility for internal security. When 
necessary, police were assisted by the SPDF on matters of internal 
security. In February 2007 authorities incorporated the SSU, a division 
of the police force formerly responsible for crowd and riot control, 
into the Public Security Support Wing, as part of a restructuring 
program of the Police Department.
    Corruption remained a problem. The Enquiry Board, a police 
complaint office, existed but was rarely used. In practice private 
attorneys filed complaints or published them in the opposition party 
newspapers Regar and Le Nouveau Seychelles Weekly. Although human 
rights is included as a core precept in officer training, such training 
was limited in practice.

    Arrest and Detention.--The constitution and law provide that 
persons arrested must be brought before a magistrate within 24 hours, 
with allowances for boat travel from distant islands; however, police 
did not always respect this requirement. The constitution and law also 
provide for detention without charge for up to seven days if authorized 
by court order, and police generally respected this provision. 
Detainees have the right to legal counsel. Free counsel is not a legal 
right, but courts usually provided it to the indigent. Courts provided 
bail for most offenses. Although warrants are required by law, police 
made some arrests and detentions without a warrant.
    The constitution provides for remand prisoners to be released after 
six months detention if their case had not been heard within that 
period; however, prolonged pretrial detention was a problem. Prisoners 
often waited more than three years for trial or sentencing due to the 
inefficiency of the judicial system. Approximately 36 percent of the 
prison population consisted of pretrial detainees.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judiciary was inefficient 
and subject to executive influence. Both civil and criminal court cases 
generally lasted years. There were no reports of judicial corruption, 
although there was a widespread public perception that some judges were 
corrupt.
    The judicial system includes magistrates' courts (or small-claims 
courts), the Supreme (or trial) Court, the Constitution and Law Court, 
and the Court of Appeal.
    One supreme court judge, one appeals court judge, and two 
magistrate court judges were citizens of the country by birth. All 
others were either naturalized citizens or citizens of other 
Commonwealth countries. The bar association criticized the Government 
for not advertising domestically that judicial positions were 
available. Critics widely believed that some foreign justices bent to 
the will of the executive branch due to fear of deportation.
    Several justices of the peace were responsible for small-claims 
cases, and there were allegations that many of the justices were 
appointed because of their affiliation with the SPPF.
    An 18-member, part-time 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. The 
Government empowered the family tribunal to offer protection orders to 
victims of family violence. Most members of the tribunal were not 
legally trained and were affiliated with the SPPF.

    Trial Procedures.--Defendants have the right to a fair public 
trial, and trials were public in practice. A magistrates' court or the 
Supreme Court heard criminal cases, depending on the gravity of the 
offense. Cases involving murder or treason use juries. Defendants are 
considered innocent until proven guilty. Defendants have the right to 
be present at their trial, to confront witnesses, and to appeal. The 
constitution makes provision for defendants to present evidence and 
witnesses and cross-examine witnesses in court. The law provides for 
defendants to consult with an attorney in a timely manner. Defendants 
have the right to access government-held evidence; however, in 
practice, such requests are often delayed. The above rights are enjoyed 
equally by all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent and impartial judiciary in civil matters; 
however, the judiciary was inefficient and subject to executive 
influence.
    There is no institution to examine cases of human rights abuses. 
However, citizens have turned to the Ombudsman Office to investigate 
human rights abuses and to seek redress for other issues.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. 
However, there remained widespread suspicion of government monitoring 
of private communication without legal process.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government did not 
respect these rights in practice. The law provides restrictions ``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, civil lawsuits 
could be filed to penalize journalists for alleged libel. Journalists 
practiced self-censorship.
    Individuals could not criticize the Government publicly or 
privately for fear of reprisal. On November 5, the editor of Le Nouveau 
Seychelles Weekly was arrested and detained in a police cell, after he 
publicly spoke against the Government's economic reforms using a 
speakerphone. On November 6, police interrogated him and searched the 
newspaper's building and the editor's house for the speakerphone. He 
was released the same day without charge.
    The only daily newspaper was the Government-owned Nation, which 
generally supported government policies, gave limited attention to the 
opposition, and generally ignored news that reflected adversely on the 
Government. There were three weekly political party newspapers: Regar, 
The People, and Le Nouveau Seychelles Weekly.
    The law allows the minister of information technology to prohibit 
the broadcast of any material believed to be against the ``national 
interest'' or ``objectionable.'' The law also requires 
telecommunications companies to submit subscriber information to the 
Government.
    Unlike in previous years, there were no reports that security 
agents harassed employees of Le Nouveau Seychelles Weekly.
    The Government owns the only television station and all radio 
stations. The law allows for independent radio and television, but the 
licensing fee of approximately 800,000 rupees (approximately $51,480) 
per year discouraged the opening of any independent outlets. Following 
the 2006 elections, the opposition Seychelles National Party (SNP) 
collected funds for the radio licensing fee and announced plans to 
apply for a license. The National Assembly subsequently passed an 
amendment to the Broadcasting and Telecommunications Act that prevents 
political parties and religious groups from obtaining radio licenses.
    In 2007 the president established a law and order committee in 
response to a 2006 SNP demonstration against the amendment to the 
Broadcasting and Telecommunications Act. The committee, composed of 
government officials, representatives of opposition parties, and 
members of the clergy, by year's end had not made recommendations on 
the amendment to the Telecommunications Act.

    Internet Freedom.--There were no government restrictions on access 
to the Internet; however, there were reports that the Government 
monitored e-mail and Internet chat rooms. Individuals and groups 
engaged in the peaceful expression of views via the Internet, including 
by e-mail. Internet access was widely available to the public.

    Academic Freedom and Cultural Events.--Opposition activists claimed 
that the Government limited academic freedom by reportedly not allowing 
academic professionals to reach senior positions in the academic 
bureaucracy without demonstrating at least nominal loyalty to the SPPF. 
The Government controlled faculty appointments to the Polytechnic, the 
most advanced learning institution; there were no universities.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly and 
association; however, the Government did not always respect it.

    Freedom of Association.--The constitution and law provide for 
freedom of association; however, the Government did not always respect 
this right. There were complaints that government officials intimidated 
and even dismissed civil servants who participated in opposition 
political party activities.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.

    Other Societal Abuses and Discrimination.--The Jewish community 
numbered fewer than 10 persons, and there were no reports of anti-
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    . Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights 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.''
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
refugee status or asylum in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in the 
2007 National Assembly election and the 2006 presidential elections, 
both deemed credible by international observers.

    Elections and Political Participation.--On July 19, an SNP 
candidate won a national assembly by-election by an 87 percent margin. 
Prior to the vote, the SPPF leader, former president France Albert 
Rene, called on voters to boycott the by-election, and only candidates 
from the SNP and the Democratic Party (DP) contested the election. 
There were reports that SPPF partisans harassed opposition supporters 
in the days prior to the voting, and both the SNP and DP filed 
complaints with the Electoral Commissioner's Office.
    The 2007 national assembly elections produced no change in the 
balance of power between the ruling SPPF and the opposition SNP. 
International observers found the elections to be credible. Minor 
complaints of electoral irregularities were filed with the electoral 
commissioner.
    In 2006 approximately 88 percent of eligible voters elected 
incumbent and SPPF presidential candidate James Michel with 54 percent 
of the vote. International observers characterized the electoral 
process as credible and well-organized; however, campaign and electoral 
practices reportedly were not fair.
    The ruling SPPF, which assumed power in a 1977 coup, continued to 
use its political resources and those of the Government to develop and 
maintain a nationwide organization that extended to the village level.
    There were reports that SPPF membership conferred business and 
political advantage; for example, some members of opposition parties 
claimed that they lost their government jobs because of their political 
affiliation and were at a disadvantage when applying for government 
licenses and loans. On June 8, the Immigration Division of the Internal 
Affairs Department terminated a Russian citizen's residence permit, 
even though she did not violate any laws and was gainfully employed. 
The decision to expel the Russian citizen and prohibit her reentry was 
maintained even though the court of appeal struck down the Immigration 
Division's ruling. Local press reports, civil society members, and 
opposition leaders allege that the Russian citizen was being treated 
unfairly due to her husband's SNP membership.
    There were 10 women in the 34-seat National Assembly, seven elected 
by direct election and three by proportional representation. Following 
the July cabinet reshuffle, there were two women in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials sometimes engaged in 
corrupt practices with impunity. The World Bank's 2008 Worldwide 
Governance Indicators reflected that corruption was a problem. There 
were reports of rewards to SPPF supporters in the form of job 
assistance, land distribution, free building materials, and monetary 
payments. An ombudsman has legal authority to investigate and report on 
allegations of official fraud and corruption. He investigated 
approximately 90 cases during the year involving problems such as labor 
law litigation, allegations of fraud and corruption, human rights 
abuse, and land and property disputes.
    The liquidation and subsequent sell-off of the Plantation Club, 
formerly the country's second largest hotel, raised suspicions of 
government corruption among many local press outlets and business 
institutions, including the chamber of commerce. The former owner of 
the hotel claimed that he was threatened into selling the hotel by a 
businessman with ties to the Government. On September 4, the person who 
is now chief justice ordered the hotel sold, and the local press 
speculated that the Government appointed the chief justice to his 
position because of his order. The purchasers of the hotel were the 
lowest bidder, a newly formed group allegedly led by the same 
businessman with close government ties who threatened the previous 
owner.
    There are laws allowing public access to government information, 
although the Government did not enforce them, and citizens routinely 
did not have access to such information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A small number of international human rights nongovernmental 
organizations (NGOs) and one domestic human rights group, the Centre 
for Rights and Development (CEFRAD), generally operated without 
government restriction, investigating and publishing their findings on 
human rights cases. Government officials were generally cooperative and 
responsive to the views of international NGOs; however, cooperation 
with CEFRAD, which was perceived as being aligned with the opposition, 
was limited. For example, the Government refused to permit CEFRAD and 
other local groups to observe the 2006 presidential election or the May 
2007 legislative elections.
    A government-run National Humanitarian Affairs Committee (NHAC) 
operated with a range of members from both civil society and the 
Government. The ICRC acted as a technical adviser to the NHAC.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law affirm the right to be free from all types 
of discrimination but do 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, gender, 
ethnicity, nationality, or disability.

    Women.--Rape, spousal rape, and domestic abuse are criminal 
offenses punishable by a maximum of 20 years' imprisonment. The 
Government enforced the law effectively. During the year the Family 
Tribunal registered 186 domestic violence complaints. The police 
registered five rape cases for the year. The Social Affairs Division of 
the Ministry of Health and Social Development, and Women in Action and 
Solidarity Organization, a local NGO, provided counseling services to 
rape victims. During the year one sexual abuser was prosecuted, but had 
not been convicted by year's end.
    Domestic violence against women was a continuing problem. Police 
rarely intervened in domestic disputes unless it involved a weapon or 
major assault. The authorities often dismissed the few cases that 
reached a prosecutor, or the court gave the perpetrator a light 
sentence. On July 16, the Ministry of Health and Social Development 
launched the 2008-12 National Strategy Plan on Domestic Violence. A 
local NGO, GEMSA Plus Seychelles, carried out three information 
sessions with 20 civil society representatives on the domestic violence 
strategy plan in order to raise awareness of the issue.
    Prostitution is illegal but remained prevalent. Any person found 
guilty of prostitution is liable to imprisonment for two years. Police 
generally did not apprehend prostitutes unless their actions involved 
other crimes.
    The law prohibits sexual harassment but was rarely enforced. The 
Penal Code does not provide any penalty for persons found guilty of 
sexual harassment; however, the court can order a person accused of 
sexual harassment to keep a bond of peace.
    Women enjoyed the same rights as men. The society is largely 
matriarchal. Unwed mothers are the societal norm, and the law requires 
fathers to support their children. There was no officially sanctioned 
discrimination in employment, and women were well represented in 
business. There is no economic discrimination against women in 
employment, access to credit, equal pay for equal work, or owning or 
managing a business. Inheritance laws do not discriminate against 
women.

    Children.--The Division of Social Affairs in the Ministry of Health 
and Social Development worked to protect children's rights, and in 
practice it was somewhat effective.
    The Government requires children to attend school through the 10th 
grade and made tuition-free public education available through the 
secondary level until age 18.
    The law prohibits physical abuse of children; however, child abuse 
was a problem and was rarely reported. Sexual abuse of children, 
usually perpetrated by stepfathers and older brothers, was a problem. 
Rape of girls under the age of 15 continued to be a problem, according 
to the Ministry of Health and Social Development. Authorities 
prosecuted very few child abuse cases in court due to lack of efficient 
working relations among government agencies and departments. The 
strongest public advocate for young victims was a semiautonomous 
agency, the National Council for Children.
    The age of consent for marriage is 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.
    There were no reports of street children.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to, from, or 
within the country.

    Persons With Disabilities.--The constitution and law provide for 
the right of persons with disabilities to special protection, including 
reasonable provisions for improving the quality of life; however, there 
were no laws providing for access to public buildings, transportation, 
or state services, and the Government did not provide such access for 
persons with disabilities. There was no discrimination reported against 
persons with disabilities in housing, employment, or education, or in 
the provision of other state services.

    Other Societal Abuses and Discrimination.--There were no reports of 
discrimination based on sexual orientation.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form and join unions of their choosing; however, police, 
military, prison, and fire fighting personnel may not unionize. The law 
is silent regarding the rights of foreign or migrant workers to join a 
union. Some citizens were reluctant to join the Seychelles National 
Trade Union (SNTU), a nongovernment-sponsored labor union, due to fear 
of government reprisal. Unions organized between 15 and 20 percent of 
the workforce.
    The Seychelles Federation of Workers Union (SPPF-associated) is the 
only trade union in active operation; the SNP-associated SNTU ceased 
operations in February 2007. Despite the legal provisions allowing 
workers to form and join unions, membership in the SNTU had continued 
to decrease because workers feared losing their jobs. The SNTU claimed 
that employers did not reinstate workers fired for union activity.
    Strikes are illegal unless arbitration procedures are first 
exhausted. Observers noted that the Industrial Relations Act provisions 
regarding the holding of strikes hinder unions' right to strike.

    b. The Right to Organize and Bargain Collectively.--The law allows 
for unions to organize and conduct their activities without 
interference. The law provides workers with the right to engage in 
collective bargaining, but this seldom occurred. 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 over 50 percent of the 
labor force, the Government set mandatory wage scales for employees. 
The employer generally set wages in the private sector through 
individual agreements with the employee, but the Government set wage 
rates in the few larger businesses.
    The law authorizes the Ministry of Employment and Human Resource 
Development to establish and enforce employment terms, conditions, and 
benefits, and in practice workers frequently obtained recourse against 
their employers through the ministry.
    Unions engaged in collective bargaining in the private sector; 
however, observers noted that private sector employers were reluctant 
to do so.
    The law prohibits antiunion discrimination, and there were no 
reports of it during the year.
    There was one export processing zone, the Seychelles International 
Trade Zone (SITZ), with 25 participating companies. Only the Seychelles 
Trade Zone Act applied in the SITZ, and the Government did not require 
the SITZ 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 
law 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 educatio.''; 
in practice the Government followed these requirements. It is otherwise 
a criminal offense punishable by a fine of 6,000 rupees (approximately 
$386) to employ a child under the age of 15. The Ministry of Employment 
and Human Resource Development enforced child labor laws. The ministry 
handled such complaints within its general budget and staffing and did 
not report any case requiring investigation. No children were found 
working in the fishing, tourism, agricultural, boat building, and 
processing industries, as the Ministry of Education carried out regular 
checks to ensure that children were actually attending school.

    e. Acceptable Conditions of Work.--There is no official private 
sector minimum wage. The Government encouraged but did not require the 
private sector to grant the minimum public sector wage. As of 2006 the 
minimum public sector wage was 2,325 rupees (approximately $149) per 
month. Even with free public services, primarily health care and 
education, 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 generally paid higher wages than the Government to attract 
qualified workers.
    The legal maximum workweek varied from 45 to 55 hours, depending on 
the economic sector; in practice some workers worked up to 60 hours per 
week. Government employees worked fewer hours. Regulations entitled 
each full-time worker to a 30-minute break per day and a minimum of 21 
days of paid annual leave. The Government permitted workers to work 
overtime up to 60 additional hours per month. The Government generally 
enforced these regulations. The law requires premium pay for overtime 
work.
    Foreign workers-mainly employed in the construction and commercial 
fishing sectors-did not enjoy the same legal protections as citizens. 
Companies sometimes paid foreign workers lower wages, forced them to 
work longer hours, and provided them with inadequate housing.
    The Ministry of Health and Social Development has formal 
responsibility for drafting the Government's comprehensive occupational 
health and safety regulations, and the ministry enforced these 
standards, although safety and health inspectors rarely visited job 
sites. Occupational injuries were most common in the construction, 
marine, and port industries. The law has been amended to allow workers 
to remove themselves from dangerous or unhealthy work situations, 
report the employer to the Health and Safety Commission, and seek 
compensation without jeopardizing their employment.

                               __________

                              SIERRA LEONE

    Sierra Leone is a constitutional republic with a directly elected 
president, a unicameral legislature, and a population of approximately 
six million. In peaceful presidential and parliamentary elections held 
in August and September 2007, the opposition All People's Congress 
(APC) won a majority in parliament, and citizens elected party leader 
Ernest Bai Koroma president. Domestic and international observers 
characterized the elections as credible and free but noted 
irregularities that did not affect the outcome. In 2002 the devastating 
11-year civil conflict officially ended, and the Government, backed by 
a United Nations peacekeeping force (UNAMSIL), asserted control over 
the whole country. In 2004 UNAMSIL handed responsibility for security 
countrywide to the Republic of Sierra Leone Armed Forces (RSLAF) and 
Sierra Leone Police (SLP). In 2005 UNAMSIL withdrew all remaining 
peacekeepers and transferred nonpeacekeeping responsibilities to a 
follow-on peacebuilding UN mission (UNIOSIL). In September UNIOSIL's 
mandate ended, and the UN Integrated Peacebuilding Office in Sierra 
Leone (UNIPSIL) was established to support government institutions and 
monitor and protect human rights and the rule of law. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens. However, there were serious problems in a number of areas, 
including: security force abuse and use of excessive force with 
detainees, including juveniles; police theft and extortion; harsh 
conditions in prisons and jails; official impunity; arbitrary arrest 
and detention; prolonged detention, excessive bail, and insufficient 
legal representation; restrictions on freedom of speech and press; 
forcible dispersion of demonstrators; harassment of opposition party 
supporters by ruling party members; widespread official corruption; 
societal discrimination and violence against women; female genital 
mutilation (FGM); child abuse; trafficking in persons, including 
children; 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that security and police forces used excessive 
force, and stole, extorted, and demanded bribes. The Corporal 
Punishment Act allows up to 36 lashes as punishment. Although NGO 
sources state that such incidents occurred less frequently than 
previous years, prison guards reportedly beat prisoners with impunity.
    In July an inmate was severely beaten by a prison warden and was 
taken to the hospital for medical attention. No action was taken 
against the warden.
    No action was taken in any of the 2007 cases involving police use 
of excessive force.
    The trial of the police officer who raped a 10-year-old Liberian 
refugee in 2006 concluded, but no details were available at year's end.
    Police use of excessive force to disperse demonstrators resulted in 
injuries.
    In August police and security officials forcibly dispersed a crowd 
of protestors at the State House, resulting in several journalists 
being injured. A joint investigation between police and journalists 
resolved the matter with the journalists receiving compensation.
    During the year men and women were forcibly initiated into tribal 
secret societies, a process that for women usually involved FGM.
    Vigilante violence was common in urban areas, particularly for 
suspected thieves and unsettled debts. Suspected thieves were often set 
upon by crowds. In March a thief was murdered by a mob in Eastern 
Freetown. At year's end no one had been charged for the crime.
    There were several reports that Guinean troops along the eastern 
border harassed local residents.

    Prison and Detention Center Conditions.--Prison conditions were 
harsh and sometimes life threatening. Overcrowding was a major problem. 
The Pademba Road Prison, which was designed to house 324 prisoners, 
held 1,229, according to Prison Watch, a local independent 
organization. In some cases, cells measuring six feet by nine feet 
housed nine prisoners. According to UNIOSIL's 2007 assessment of 
prisons, corporal punishment, solitary confinement, reduction in diets, 
loss of visits, and loss of exercise were routine disciplinary 
measures. In Kabala and Port Loko Prisons, UNIOSIL reported that 
officers in charge were present when guards beat inmates with canes and 
plastic water pipes. While such practices continued, nongovernmental 
organizations (NGOs) reported that training and monitoring resulted in 
a reduction of such incidents.
    Human rights observers reported that detention conditions 
frequently fell below minimum international standards because of 
overcrowding, lack of access to food, unhygienic conditions, and 
insufficient medical attention. Prison cells often lacked proper 
lighting, bedding, ventilation, and protection from mosquitoes.
    Few prisoners had access to adequate medical facilities, and 
clinics lacked supplies and medical personnel. Only patients with 
emergency situations were allowed to visit the clinic outside of the 
assigned schedule. Women were treated as outpatients or were referred 
to the local hospitals for special care. However, prisoners often were 
refused treatment or received inferior care from doctors and nurses in 
these hospitals because of the social stigma associated with assisting 
criminals.
    Prison Watch reported that there was a shortage of prison staff, 
and sometimes officers were not paid regularly. Consequently, guards 
provided only minimal security, and abuse of prisoners and prison 
breaks occurred. Prison Watch received reports that prison guards sold 
prisoner food rations to supplement their meager salaries.
    Conditions in holding cells in police stations were poor, 
especially in small stations outside Freetown. Cells were dark with 
little ventilation. However, overcrowding in some police cells improved 
during the year due to magistrate judges deployed to the districts to 
process cases.
    Twenty-six prisoner deaths occurred during the year, allegedly as a 
result of acute malnutrition, lack of hygienic conditions, malaria, and 
heart failure.
    Men and women were held in separate cells; however, in many of the 
prisons, men and women were held in the same block and shared 
facilities. During the year the Pademba Road and Kenema Prisons held 
several infants, most of whom were born in the prison and continued to 
be detained there with their mothers. While the women's section of the 
prison in Pademba Road was significantly less crowded with better 
facilities than the male section, officials detained together persons 
being tried for petty and serious offenses; the section had no shower 
facilities, no exercise area, and few rehabilitation programs.
    While an effort was made to prevent juveniles from being detained 
with adults, minors were regularly imprisoned with adult offenders in 
Pademba, Bo, Makeni, Kambia, Kenema, and Kailahun. Police sometimes 
released juveniles suspected of committing crimes to avoid 
incarcerating them with adults. At the same time, when questioned by 
Prison Watch about detaining juveniles, officers alleged that in some 
cases, police officers inflated the ages of juveniles to escape blame 
for detaining and prosecuting minors. In the three juvenile facilities, 
detainees did not have adequate access to food, education, or 
vocational training, and sometimes were unable to attend court hearings 
due to lack of transportation. Violence among youth was a problem, and 
small riots occurred in some facilities. Juveniles housed with adults 
and then moved to age-appropriate facilities were often instigators of 
violence, as noted by the Justice Sector Development Program (JSDP).
    In most cases pretrial detainees were held with convicted 
prisoners. According to Prison Watch, only 200 of the 1,229 prisoners 
in Pademba Road Prison had been convicted.
    The Government permitted family visits, but according to NGO 
reports, family members had to bribe prison guards to visit in some 
prisons. The International Committee of the Red Cross (ICRC) provided a 
message delivery service that allowed prisoners housed in all district 
prisons to communicate with their families on a quarterly basis.
    International monitors, including UNIOSIL and the ICRC, had 
unrestricted access to the prisons, detention centers, and police 
holding cells. Additionally, some NGOs such as Prison Watch, JSDP, and 
Lawyers Center for Legal Assistance (LAWCLA) monitored the prisons. 
Amnesty International (AI), however, reported that the Government 
refused to grant permission to visit any of the prisons despite several 
requests.
    Since the July incarceration of 21 suspects involved in the 
country's largest drug trafficking case, the Government has denied most 
requests to visit the Pademba Road Prison.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, government forces 
occasionally arrested and detained persons arbitrarily.

    Role of the Police and Security Apparatus.--The SLP has primary 
responsibility for maintaining internal order but was poorly equipped 
and lacked investigative, forensic, and riot control capabilities. The 
military is responsible for external security; however, the ``Military 
Assistance to the Police Program'' provided additional assistance to 
police in extraordinary circumstances, such as during the local 
elections.
    There were fewer cases of police brutality during the year, but 
police corruption was a serious problem, in part exacerbated by low 
salaries. There were continued reports that police officers took bribes 
at checkpoints, falsely charged motorists with violations, and 
impounded vehicles to extort money. Police also accepted bribes from 
criminal suspects in exchange for dropping charges or having their 
rivals arrested and charged with crimes.
    Police were frequently not present or chose not to intervene when 
crowds beat alleged thieves. There were numerous instances in which 
police refused to make arrests when warranted, or arrested persons 
without charge for civil causes, such as alleged breach of contract or 
failure to satisfy debt, in exchange for kickbacks.
    During the year there were still many who feared the SLP, 
particularly traffic officials who were notorious for harassing 
motorists, taking bribes at checkpoints, falsely charging motorists 
with violations, and impounding vehicles to extort money. Police also 
accepted bribes from criminal suspects in exchange for dropping charges 
and/or having their rivals arrested and charged with crimes.
    According to the JSDP, impunity was less of a problem than in the 
past, and there were several mechanisms available to investigate police 
abuses. The Police Complaints Commission and the Complaints, Discipline 
and Internal Investigations Department (CDIID) heard complaints against 
police officers. There was also a Police Council, composed of the vice 
president, minister of internal affairs, inspector general, and others 
who accepted written complaints against police officers. The CDIID 
facilitated all hearings and trials related to police officer 
complaints. An appeals process was available. After disciplinary 
measures by the CDIID were issued, the SLP officer was subject to the 
civilian court if criminal action was involved. SLP newsletter 
published disciplinary action against officers.
    Between January and July CDIID received 1,273 complaints 
countrywide, resulting in at least 176 officers being either dismissed, 
demoted, suspended, or officially warned. The other cases were at 
various stages of investigation or review. The most common complaints 
lodged against police were corruption, unfair treatment, lack of 
professionalism, and assault. Cases requiring dismissal of an officer 
most commonly involved criminal cases or officers fraudulently posing 
as land owners or businessmen to extort money.
    Police continued to receive professional, leadership, and human 
rights training, and new recruits received a six-month introductory 
course before deployment. The SLP retained a full-time UN technical 
advisor and a number of UN Civil Police advisors. As a result of 
training programs during the year and the introduction of community 
policing conducted by the Department for International Development, the 
Commonwealth, and the JSDP, professional conduct of the police force 
improved.
    Until its mandate ended in September, UNIOSIL worked with the JSDP 
to implement its strategic plan and develop a training program to 
enhance the SLP's capacity to provide security for the presidential and 
parliamentary elections.

    Arrest and Detention.--The law requires warrants for searches and 
arrests in many cases; however, arrest without warrant was common. 
According to UNIOSIL's 2007 assessment of prison conditions, 
adjournment dates on some warrants were altered and not endorsed by the 
magistrate, while other warrants were signed, but not by the presiding 
magistrate. Prison Watch and LAWCLA reported that most arrests were 
made without warrants and that the SLP rarely followed proper arrest 
procedures.
    Once arrested, a detainee must be told the reason for arrest within 
24 hours, and a case must be charged to court within 72 hours, or in 
the case of serious crimes, within 10 days. According to LAWCLA, 
remanded prisoners were routinely brought to court on a weekly basis to 
be re-remanded to bypass the legal restrictions.
    Detainees have the right of access to family and legal 
representation; however, due to a lack of financial resources, only 10 
percent of inmates had access to legal representation. Lawyers were 
generally allowed unrestricted access to detainees; however, during the 
year lawyers representing accused drug traffickers in a high-profile 
case publicly claimed that they had limited opportunities to meet with 
clients. Although the constitution provides for legal aid, there were 
only 10 state counsels serving the entire country, and they were only 
available for more serious criminal cases. Regular family visits were 
permitted with the frequency and duration of the visits varying from 
prison to prison. According to NGO reports, however, family members 
were required to pay bribes to gain visitation rights.
    There were provisions for bail, and there was a functioning bail 
system; however, the bail regime was rigorous, excessive, and 
inconsistent.
    Lengthy pretrial detention was a problem. According to AI, as a 
result of case backlogs in the courts, pretrial and remand detainees 
spent an average of three to five years in pretrial detention before 
courts examined their cases or filed formal charges. Approximately 60 
percent of the country's detainees in prison were in pretrial 
detention. According to the Open Society Initiative for West Africa, 
remand prisoners frequently changed their pleas from ``not guilty'' to 
``guilty'' to be removed from the remand section to the better areas of 
the prison.

    Amnesty.--Unlike in the previous year, the president granted no 
amnesties.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision; however, the judiciary at times was subject to 
government influence and corruption. The Sierra Leone Bar Association 
complained in September that high-level political interference was 
impacting the higher and lower courts' decisions, although no specific 
cases were cited.
    The judicial system consists of the Supreme Court, Court of Appeal, 
High Court of Justice, and magistrate courts in each of the 12 
districts and the Western Area. There was also one juvenile court. The 
president appoints and parliament approves justices for the courts. 
Local chieftaincy courts administer customary law with lay judges; 
appeals from these lower courts are heard by the superior courts.
    The rotation system between wards in specific districts continued 
to improve magistrate presence. However, with inexperienced new 
magistrates, high court fees, and fewer than 20 lawyers practicing 
outside of Freetown, access to justice remained limited for most 
citizens.
    Traditional justice systems supplemented the central government 
judiciary, especially in rural areas. Paramount chiefs maintained their 
own police and courts to enforce uncodified local laws, which acted in 
parallel with the Government's own civil police and court system. 
Chieftaincy police and courts exercised the authority to arrest, try, 
and incarcerate individuals, and sometimes abused that power. However, 
traditional justice systems improved in rural areas during the year due 
to government and NGO training of traditional elders and an influx of 
paralegals.

    Trial Procedures.--The law provides for a fair trial; however, in 
practice, the lack of judicial officers and facilities often produced 
long delays. Trials are public, and the accused have a limited right to 
a trial by jury in the magistrate courts. Juries were drawn from a list 
maintained by the master and registrar of active and retired civil 
servants and youth groups; however, the attorney general frequently 
exercised his power to determine that cases be heard by a judge alone. 
Defendants generally enjoyed a presumption of innocence. While 
defendants have the right to be present and to consult with an attorney 
in a timely manner, access to counsel often was delayed. The law 
provides for attorneys at public expense if defendants could not afford 
their own; however, state-appointed attorneys often were overburdened 
and poorly paid, and indigent detainees usually did not receive legal 
advice prior to trial. Defendants can confront or question witnesses 
against them, present witnesses and evidence on their own behalf, and 
access government-held evidence relevant to their cases. Trials were 
generally fair; however, there was credible evidence that corruption 
influenced many cases. A majority of cases on the magistrate level were 
prosecuted by police officers, many of whom had little or no formal 
legal training. Although the law provides defendants with the right to 
appeal, the appeals process was excessively delayed, sometimes over two 
years.
    Human rights NGOs noted wide disparities in sentencing patterns 
from district to district. There were numerous cases in which sentences 
imposed were grossly disproportional to the offenses. Many prisoners 
were serving excessively long sentences for non-capital offenses, such 
as sacrilege (50 years), larceny (25 years), and larceny and burglary 
(45 years). Many attributed the inconsistent sentencing to the 
defendant's ability to pay a fine or bribe.
    Traditional justice systems continued to supplement extensively the 
central government judiciary, especially in rural areas, in cases 
involving family law, inheritance, and land tenure. However, the 
customary law guiding these courts is not codified, and decisions in 
similar cases were inconsistent. Paramount chiefs acting as judges were 
notorious for accepting bribes and favoring wealthier defendants. Local 
chieftains at times exceeded their mandates and administered harsh 
punishments.
    There are a number of civil laws and customary laws that 
discriminate against women, and many traditional courts continued to 
ignore the rights of women regarding family law and inheritance.
    Trials continued before the Special Court for Sierra Leone (SCSL) 
of those bearing the greatest responsibility for crimes against 
humanity, war crimes, and other serious violations against 
international law committed during the civil war.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Both the central 
government judiciary and customary law courts handled civil complaints; 
however, corruption influenced some cases and sentencing was 
inconsistent. Administrative and judicial remedies were available for 
alleged wrongs, but enforcement was difficult. Victims of human rights 
abuses have access to the regular courts to seek redress for human 
rights violations.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
unlike in the previous year, the Government generally respected these 
prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    Freedom of Speech and Press.--The constitution and law provide for 
freedom of speech and of the press; however, the Government at times 
restricted these rights in practice. Journalists practiced self-
censorship.
    The Government rarely attempted to impede criticism. However, 
reporting on press conditions, the Society for Democracy Initiative 
noted that its members received telephonic death threats for several 
weeks. The calls were not traced to members of the Government and an 
investigation was inconclusive.
    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 journalistic skills, 
insufficient resources, and lack of professional ethics. Corruption 
among journalists was widespread. Newspapers openly and routinely 
criticized the Government and its officials, as well as opposition 
parties, but also libeled individuals.
    International media could operate freely but were required to 
register with the Ministry of Information and Broadcasting and the 
Independent Media Commission (IMC) to obtain a license. Nine new local 
newspapers registered with the IMC during the year. Although the IMC 
instituted stricter registration requirements, there were no cases of 
local or international media being denied registration.
    On August 13, security forces attacked and beat several journalists 
for allegedly criticizing the SLP's handling of a party fracas outside 
the State House between members of the opposition APC and the ruling 
Sierra Leone People's Party (SLPP). Following an investigation, the 
journalists were compensated (See Section 1.c.).
    The Public Order Act of 1965 criminalizes both defamatory and 
seditious libel; however, the law was rarely applied. Punishment for 
first-time offenders can be up to three years' imprisonment, and 
subsequent seditious libel convictions are punishable by prison terms 
of up to seven years. The IMC and the Sierra Leone Association of 
Journalists continued to lobby parliament to amend the act without 
success.
    The IMC regulated independent media organizations and demonstrated 
independence from government influence. During the year the IMC 
considered multiple government claims of libel or false reporting in 
various newspapers, but rejected government requests to close the media 
outlet. The IMC also received increased libel complaints from the 
public, largely due to increased public confidence and awareness of the 
organization.
    Due to the low level of literacy and the relatively high cost of 
newspapers and televisions, radio remained the most important medium 
for public dissemination of information. During the year over 45 
government and private radio and television stations provided domestic 
news and political commentary. The APC and the SLPP set up radio 
stations; however, there were calls from different sectors of the 
society to ban them as they continued to broadcast propaganda that 
could incite violence such as libeling political party leaders. UN 
Radio provided additional coverage of news and other current events.
    The 2007 case against Philip Neville, editor of the Standard Times, 
was dropped after the newspaper published a retraction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
There were at least five Internet service providers in the country. In 
Freetown there were many Internet cafes but few in rural areas due to 
infrastructure constraints.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice. Unlike 
in the previous year, there were no reports that the Government 
monitored or prevented opposition meetings.
    Occasionally, police forcibly dispersed demonstrators, resulting in 
injuries. Police were sometimes unable to control demonstration 
violence, and demonstrators at times attacked police stations.
    In the run-up to the July local elections, police clashed with 
demonstrators protesting allegations that SLPP supporters had defaced 
the president's portrait.
    In August police used tear gas and forcible means to end a clash 
between SLPP and APC members.
    In November students from a high school in Freetown attacked a 
police barrack after police used excessive force on a student accused 
of assaulting an officer. The incident resulted in a number of injuries 
to both police and students.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice; however, there were some reports that under the 
ruling APC, members of opposition parties lost or were denied 
government jobs and government benefits.

    Freedom of Religion.--The constitution and law provide for freedom 
of religion, and the Government generally respected this right in 
practice.

    Societal Abuses and Discrimination.--There were no reports of 
discrimination against members of religious groups.
    There reportedly was a small Jewish community; there were no 
reports of anti-Semitic acts.
    An application filed in 2006 to the Inter-Religious Council for 
official recognition of the approximately 20 Jews in Makeni remained 
pending at year's end.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
the freedom of movement within the country, foreign travel, emigration, 
and repatriation, and the Government generally respected these rights 
in practice. However, there were reports that police officers who 
operated security roadblocks outside of the capital often extorted 
money from motorists.
    The border shared with Liberia was officially open, and authorities 
generally admitted refugees, returnees, and other persons to move 
regularly between the two countries; however, there were reports that 
police, customs, and army personnel demanded bribes at border crossing 
points.
    The law does not provide for forced exile, and the Government did 
not use it.

    Internally Displaced Persons (IDPs).--No officially registered IDPs 
remained. During the year, the last remaining settlement for war-
wounded persons and their families closed in Grafton, which 
subsequently housed persons officially settled on the land on a 
permanent basis with the help of the Government.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 1969 
OAU Convention Governing the Specific Aspects of Refugee Problems in 
Africa. The Government has established a system for providing 
protection to refugees and cooperated with the UN High Commissioner for 
Refugees (UNHCR) and other organizations in assisting refugees.
    The 2007 Refugee Protection Act, which entered into force during 
the year, provides for refugee status, as defined by international 
convention, to be granted to eligible asylum seekers. UNHCR worked with 
government authorities to develop standard operating procedures for 
refugee status determination.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    According to UNHCR, the Government did not provide temporary 
protection to certain individuals who may not qualify as refugees under 
the 1951 convention and the 1967 protocol.
    The Government assisted the safe, voluntary return of Liberian 
refugees to Liberia and facilitated local integration for Liberian 
refuges unwilling or unable to return to their homes.
    On December 31, the UNHCR declared the cessation of refugee status 
for Sierra Leonean refugees, citing legal and social reforms and 
progress in fundamental rights and freedoms since the civil war. UNHCR 
announced that Sierra Leonean refugees remaining outside the country 
after December 31 would no longer be entitled to claim international 
protection as refuge. During the year, the Government, with UNHCR, 
facilitated the repatriation of Sierra Leonean refugees wishing to 
return home before the cessation of their refugee status.
    There were no further developments in the 2007 sexual abuse case of 
two Liberian refugee minors or the rape of host community minors by a 
refugee in Tobanda Refugee Camp.
    Two lawyers were kept on retainer by UNHCR during the year to 
represent victims of rape; however, few were willing to pursue legal 
action because of cultural pressure from elders and community members. 
UNHCR worked closely with the Network Movement for Justice and 
Democracy in educating refugees and the host community through 
educational workshops focused on sexual and gender-based violence.
    The case was concluded against a police officer who raped a 10-
year-old Liberian refugee near the Liberian border at Zimmi in 2006, 
but details of the outcome of the case were unavailable.
    There were no reports of discrimination against refugees with 
regards to employment, access to social services, and arbitrary arrest.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens 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 and Political Participation.--Domestic and international 
observers characterized the July 5 local elections as generally free 
and fair, although there were irregularities that did not affect the 
final outcome.
    During the year there were multiple reports of harassment and 
intimidation of members of opposition parties. In other instances, 
independent and female candidates were forced to drop out of the race 
due to intimidation by APC and SLPP supporters.
    There also were reports of voter coercion by party bosses and 
traditional leaders. The Political Parties Registration Commission 
(PPRC) reported one case of a family being banished by a paramount 
chief in Kambia until after the election cycle.
    In peaceful presidential and parliamentary elections held in August 
and September 2007, the opposition APC won a majority in parliament, 
and party leader Ernest Bai Koroma was elected president with 54 
percent of the vote. There were multiple reports of harassment and 
intimidation of members of opposition parties. There were also reports 
of voter coercion by party bosses and traditional leaders. Domestic and 
international observers characterized the elections as generally free 
and fair, noting that irregularities did not affect the outcome.
    The PPRC, which governed the behavior of political parties, did not 
sanction any political party for inappropriate behavior despite 
numerous complaints of abuse.
    A parallel unit of local government is the paramount chief, who is 
elected for a life term. Candidates for the position are limited to 
members of local ruling houses. Only tribal authorities (those who 
collected local taxes from at least 20 taxpayers) were allowed to vote 
for paramount chief, and in the north only men could be designated as 
tribal authorities. Although paramount chiefs' authority exists 
independently of the central government and local councils, they 
frequently displayed party affiliations, were influenced by the party 
in power, and allegedly influenced the votes of their constituents. The 
election of paramount chiefs at times exacerbated ethnic tensions.
    Women are permitted to vote, but there were numerous allegations 
that their votes were dictated by husbands or other patriarchal 
figures. Of the 124 parliamentary members, 16 were women. Four women 
held cabinet positions. There were four female judges out of seven 
judges on the High Court, and the acting chief justice is a woman. 
Three out of six judges on the Court of Appeal were women.
    Only citizens can vote, and the Citizenship Act restricts the 
acquisition of citizenship at birth to persons of ``patrilineal Negro-
African descent.'' Legal requirements for naturalization effectively 
denied citizenship to many long-term residents, and a large number of 
persons of Lebanese ancestry, who were born and resided in the country, 
could not vote. While a small percentage of the Lebanese population was 
naturalized, some insisted that naturalization implied second-class 
citizenship and refused to vote.
    Ethnic affiliations have traditionally been a strong influence in 
political party membership for the country's two dominant ethnic 
groups, the Mende and Temne, each of which included approximately 30 
percent of the population. The Mende traditionally supported the SLPP 
and the Temne the APC. Other than ethnic Limbas, the third most 
populous ethnic group who have traditionally supported the APC, the 
country's other ethnic minority groups had no strong political party 
affiliations. The new cabinet consisted of 12 Temnes, three Mendes, one 
Fullahs, and three Krios.

    Government Corruption and Transparency.--Corruption in the 
executive, legislative, and judicial branches was widespread. Official 
corruption was exacerbated by low salaries and a lack of 
accountability. The World Bank's Worldwide Governance Indicators 
reflected that corruption was a severe problem.
    The Anticorruption Commission (ACC) made little progress in curbing 
corruption during the year or in improving transparency. Many observers 
complained that the work of the ACC's investigations department was 
politicized and ineffective. However, on September 1, a new ACC Act 
came into force with new offenses, tougher penalties, and broader 
prosecutorial powers. The law expands the appointed members of the 
Advisory Committee to include representatives of civil society, 
professional bodies, religious organizations, educational institutions, 
and the media. It also broadens the mandate of the ACC Board to 
annually assess the work of the Commission.
    During the year the Government developed and approved a five-year 
national action plan to combat corruption and ministries began 
including anticorruption activities into their strategic plans. Besides 
passing the revised law, the ACC has taken several steps to implement 
the action plan, including an internal restructuring to improve its 
effectiveness, conducting sensitization campaigns with the public and 
government ministries, and enforcing whistleblower protection measures.
    Corrupt procurement practices were a problem, and several 
ministries, including the Ministry of Health and Energy, were under 
investigation. During the year 10 cases of corruption were forwarded to 
the Ministry of Justice for authorization to prosecute; five received 
authorization, and five were pending at year's end.
    The new ACC law also provides for public officers, their spouses, 
and children to declare their assets and liabilities to encourage 
integrity in public life. The president declared his assets the day the 
law came into force, and all other public servants are required to 
declare their assets before year's end.
    There is no provision in the law for public access to government 
information; however, the Government at times provided access to 
citizens and noncitizens, including foreign media.
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, and all reportedly were 
active. Most domestic human rights NGOs focused on human rights 
education. A few NGOs, including the Campaign for Good Governance, 
LAWCLA, and Access to Justice, monitored and reported on human rights 
abuses.
    Human rights monitors traveled freely throughout the country. 
Representatives of international and domestic NGOs, foreign diplomats, 
the ICRC, and UN human rights officers monitored trials and visited 
prisons and custodial facilities during the year; however, AI reported 
that the Government refused to grant permission to visit any prisons, 
despite multiple requests.
    The National Human Rights Commission, which became operational 
during the year, generally operated without government interference; 
however, government agencies were slow to support the commission, and 
it was also hampered by lack of funds. The commission published a 
report on the status of human rights which recommended, among other 
things, increased funding for agencies and NGOs involved in human 
rights and making the protection of women's and children's rights a 
priority.
    The Parliamentary Human Rights Committee was active in protecting 
human rights, and it operated without government or party interference. 
The committee's resources were limited, but it received support from 
the UN Nations Development Program and the UNHCR.
    The trial before the SCSL in The Hague of former Liberian president 
Charles Taylor resumed in January and was ongoing at year's end. In an 
appeals judgment issued February 22, the SCSL upheld the July 2007 
convictions of Alex Brima, Brima Kamara, and Santigie Kanu, senior 
commanders of the AFRC. In the first such finding in an international 
court, the appeals judgment stated that acts of forced marriage should 
be considered different from acts of sexual slavery and must be 
considered a crime against humanity in their own right.
    In a May 28 appeals judgment, the SCSL reversed the October 2007 
conviction of Allielu Kondewa of the Civil Defence Force (CDF) for 
enlisting child soldiers, and his and CDF Moinina Fofanah's convictions 
for using collective punishment. However, Kondewa and Fofanah received 
new convictions for murder and inhumane acts for crimes against 
humanity. Their sentences were lengthened to 15 years for Fofanah, and 
20 years for Kondewa.
    The trial phase of the case against RUF leaders Issa Sesay, Morris 
Kallon, and Augustine Gbao ended August 5. At year's end judgments were 
pending.
    Recommendations of the Truth and Reconciliation Commission (TRC), 
established to provide a forum for publicly airing the grievances of 
victims and the confessions of perpetrators during the civil war, were 
being implemented. The Human Rights Commission continued its work, 
including ensuring enforcement of the Child Rights Bill and three 
gender bills, and there was increased use of its human rights 
violations reporting system. The Government took steps to implement a 
reparations program for the victims of the conflict, as recommended by 
the TRC. Efforts were underway to establish a trust fund for war 
victims. However, many NGOs continue to be disappointed at the slow 
implementation of some of the TRC recommendations, such as the trust 
fund, identification database of war victims, and splitting of the 
attorney general and minister of justice positions, requiring 
constitutional reform.
    The UN and numerous NGOs, domestic and international, continued to 
educate and sensitize the population about the TRC and the SCSL, and 
the Government generally supported these efforts.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, tribe, sex, 
place of origin, political opinions, color (although citizenship is 
generally limited to persons of ``patrilineal Negro-African descen.''), 
or creed; however, the Government did not effectively enforce these 
provisions, and a number of legal acts and customary laws contravene 
these constitutional provisions.

    Women.--The law prohibits rape, which is punishable by up to 14 
years' imprisonment; however, rape was common and viewed more as a 
societal norm than a criminal problem. The law does not specifically 
prohibit spousal rape. Cases of rape were underreported and indictments 
were rare, especially in rural areas; this reluctance to pursue justice 
for women, combined with a lack of income and economic independence, 
helped perpetuate a cycle of violence and a culture of impunity for 
violence against women. Since the establishment of the Family Support 
Units (FSUs) and the passage of the Gender Acts in 2007, however, 
reports of rapes, especially involving child victims, steadily 
increased. Rapes were documented of children as young as a few months 
old. An NGO providing services to rape victims reported that 6 to 7 
percent of the cases seen involved victims under age five. Rape 
victims, especially when pregnancy occurred, were encouraged to marry 
their attackers.
    During the year FSU recorded 1,186 cases of sexual assault. Of 
these cases, 437 perpetrators were charged, while 555 are still under 
investigation. The International Rescue Committee (IRC) reported that 
at least 25 cases resulted in convictions, with perpetrators receiving 
sentences between 18 months to seven years. Rape cases were frequently 
settled out of court, or did not make it to trial because of 
inefficiencies in the judicial system. Most legal advisors assigned to 
prosecute rape cases had only three weeks' training and could not 
compete against well trained defense lawyers. Most perpetrators were 
known to their victims and included teachers, family friends, 
relatives, and neighbors. The JSDP noted an increase in adolescent boys 
as perpetrators.
    Medical and psychological services for rape victims were limited. 
Rape victims were required to obtain a medical report to file charges, 
and most government doctors still charged up to 35,000 leones 
(approximately $11.50) per report, which was prohibitively expensive 
for most victims. The IRC ran centers in Freetown, Kenema, and Koidu to 
perform medical examinations, provide counseling for victims of sexual 
assault, and offer legal assistance for victims who wanted to prosecute 
their cases. However, these Rainbo Centers were the only such centers 
in the country and many victims had no access to medical attention or 
services. During the year the Rainbo Centers worked with 1,235 sexual 
assault clients, the vast majority of whom were 11-15 years old, with 
almost all under 20 years of age. Approximately 7 percent of the 
victims were between one to five years old, with the youngest client 
being only one year old at the time of the incident.
    Despite the passage of the Domestic Violence Bill in 2007, domestic 
violence against women, especially wife beating and rape, was common 
and often surrounded by a culture of silence. The police were unlikely 
to intervene in domestic disputes except in cases involving injury or 
death. The SLP used mediation as their primary tool for handling 
domestic violence. During the year FSUs noted that 2,738 women reported 
domestic violence. Of these cases, 360 perpetrators were charged and 
1,434 were under investigation at year's end. The FSU does not maintain 
conviction rate statistics, but NGO reports indicate that few 
perpetrators were convicted due to poorly trained prosecutors and out-
of-court settlements. Awareness of the Domestic Violence Act has 
resulted in an increase in reported cases in urban areas around the 
country; however, most human rights organizations note that domestic 
violence continues to be most prevalent and largely underreported in 
the northern provinces.
    According to UNICEF, 85 percent of women felt that domestic beating 
was justified for actions such as going out without telling a husband, 
neglecting the children, refusing sex, or burning food. Women suspected 
of marital infidelity often were subjected to physical abuse. Because 
husbands could claim monetary indemnities from their wives' partners, 
beatings often continued until the women named several men, even if 
there were no such relationships. There were also reports that women 
suspected of infidelity were required to undergo animistic rituals to 
prove their innocence.
    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 to support 
themselves and their children.
    Sexual harassment is not specifically prohibited by law, and it was 
widespread.
    The 2007 bill on customary marriages and divorce empowers either 
spouse to acquire property and guarantees that gifts, payments, or 
dowries upon marriage are non-refundable allowing women in unhappy 
marriages to divorce without being forced to make decisions based on 
paid dowries.
    The 2007 Devolution of Estate Act provides for intestate succession 
including the transmission of property to the deceased's spouse and/or 
children as well as to single persons who cohabited with the deceased 
for 10 or more years. The Ministry of Social Welfare, Gender, and 
Children's Affairs finalized their action plan for the implementation 
of the Gender Acts in October. However, paramount chiefs and local 
magistrates had not been given the forms or training to register people 
under the Customary Marriage Act and none of the Acts had been 
implemented by year's end.
    Women faced widespread legal and societal discrimination, 
particularly in matters of marriage, divorce, property, and 
inheritance, which are guided by customary law in all areas except for 
the capital. Formal laws, such as the Gender Acts of 2007, apply in 
customary as well as formal courts, but customary judges had limited to 
no legal training and often were unaware or could choose to ignore 
formal laws. Chiefs sometimes colluded with men to forcibly evict women 
and children from their homes or subject them to arbitrary detention. 
In some cases chiefs imposed arbitrary and exorbitant fines, imprisoned 
women unlawfully in their homes or ``chiefdom jails,'' and expelled 
them from the community. Their rights and status under customary law 
varied significantly depending upon the ethnic group to which they 
belonged, but was routinely inferior to that of men. Under customary 
law women's status in society is equal to that of a minor. A woman was 
frequently perceived to be the property of her husband, to be inherited 
on his death with his other property. In rural areas polygyny was 
widespread; UNICEF estimated in 2007 that 43 percent of women were 
involved in polygynous unions. All women in the Western (Freetown) 
Area, which is governed by general law, had a statutory right to own 
property in their own names. Women in the provinces, which are governed 
by customary laws that vary from chiefdom to chiefdom, did not.
    In the Temne ethnic group, women could not become paramount chiefs, 
subordinate chiefs, or chiefdom authorities; however, in the Mende 
tribe, there were several female leaders. Efforts by international and 
domestic NGOs to promote female candidates during the run up to July 
local council elections resulted in the election in every council of at 
least one female representative.
    Women did not have equal access to education, economic 
opportunities, health facilities, or social freedoms. In rural areas 
women performed much of the subsistence farming and had little 
opportunity for formal education. Women also experienced discrimination 
in access to employment, credit, pay for similar work, and owning and/
or managing business.
    The Ministry of Social Welfare, Gender and Children's Affairs has a 
mandate to protect the rights of women; however, the Government cut the 
ministry's budget despite increasing its responsibilities. Most 
international and domestic NGOs complained that the ministry lacked the 
resources, infrastructure, and support of other ministries to 
effectively handle its projects assigned. The ministry routinely relied 
on the assistance of international organizations and NGOs to help 
combat women's rights violations.
    Women were active in civic and philanthropic organizations. 
Domestic NGOs, such as 50/50, the Forum for African Women 
Educationalists, and Women's Forum raised awareness of the lack of 
gender equality and other women's issues, and they encouraged women to 
enter politics as candidates for mayoral positions and local councils.

    Children.--The Government was committed to improving children's 
education and welfare; however, it lacked the means to provide basic 
education and health services.
    Although birth registration was not universal, lack of registration 
did not impact access to public services.
    Primary school education is tuition-free countrywide, and secondary 
school education is tuition-free for girls in the north. However, many 
parents were unable to put their children through primary school 
because they could not afford school uniforms, books, and other fees 
charged by school authorities. The average educational level for girls 
was markedly below that of boys, and only 25 percent of women were 
literate. At the secondary level, pregnancy forced many girls out of 
school. New laws were enacted to allow girls to return to school after 
giving birth, but many communities did not abide by this.
    Sexual violence against children was a problem, and the Government 
took few steps to address the issue. The FSUs received training in 
dealing with sexual violence against children, and cases of child 
sexual abuse were generally taken more seriously than adult rape cases. 
However, in many cases of sexual assault against children, parents 
accept payment instead of taking the perpetrator to court due to 
difficulties dealing with the justice system.
    No law specifically prohibits FGM, and it was practiced widely and 
supported by politicians and community members. UNICEF and other groups 
estimated that 80 to 90 percent of women and girls had been victims of 
the practice; however, some local groups believed that this figure was 
overstated. FGM was practiced on girls as young as five years old, and 
UNIOSIL reported cases in which one and two-year-old children underwent 
FGM because their young age made it cheaper for parents.
    Although police occasionally detained practitioners on accusations 
of forced mutilation or manslaughter, human rights workers reported 
that police remained hesitant to interfere in cultural practices.
    In October a 10-year-old girl in Port Loko District died as a 
result of FGM. At year's end the SLP were still investigating.
    In 2007 the parliament passed the Child Rights Act, which makes it 
illegal to subject anybody under the age of 18 to harmful treatment, 
including any cultural practice which dehumanizes or is injurious to 
the physical and mental welfare of the child; however, the act does not 
explicitly address FGM. The act prohibits marriage of girls under the 
age of 18, including forced marriage, as did the 2007 Act on 
registration of customary marriages and divorce. Despite the new 
legislation forced child marriage continued to be a problem. UNICEF 
estimated that 62 percent of females under the age of 18 were married.
    The Child Rights Act also provides for the creation of family 
courts and child committees at the local government level. As of 
October the FSU reported 136 cases of child cruelty, of which nine had 
been charged in court. There were no convictions.
    Child prostitution continued to be a problem. A UNICEF analysis of 
Freetown and Bo indicated that over half of the street children 
survived through prostitution.
    The number and plight of street children were problems. Many are 
forced to engage in petty trading and other economic activities to 
survive, and are vulnerable to trafficking and other exploitive 
practices.
    According to UNICEF, there were 48 residential homes for orphans. 
The quality of care at the facilities varied, but met most minimum 
standards. Each facility provided at least one meal a day, some health 
care, and some type of education.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that persons were trafficked to, from, and 
within the country.
    The country continued to be a source, transit point, and 
destination for internationally trafficked persons. The majority of 
victims were women and children, and the majority of traffickers were 
family members or friends who lured victims from their home villages 
with false promises of education, caretaking, or employment. Orphaned 
children were the most vulnerable population for trafficking. There was 
no evidence of trafficking through employment agencies, organized 
crime, or marriage brokers.
    Reports indicated that women and 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 Liberia, Nigeria, Cote d'Ivoire, 
Guinea, Guinea-Bissau, and the Gambia for labor and sexual; 
exploitation; persons were also trafficked to Lebanon, Europe, and 
North America; and the country served as a transit point for persons 
trafficked from elsewhere in west Africa and possibly the Middle East. 
According to a center for street children, 80 to 90 percent of the 
cases they dealt with involved internal trafficking.
    A person convicted of trafficking can be sentenced to up to 10 
years in prison. During the year FSU reported 38 cases of human 
trafficking, of which more than half were girls under the age of 16. Of 
the cases reported, 12 individuals were charged with trafficking but 
none were convicted.
    There were no further developments in the 2007 case of two minors, 
Abu Bakarr Koroma and Nasira Mansaray, who were arrested for 
trafficking a five-year-old boy.
    A number of government agencies are responsible for combating 
trafficking, including the SLP, Ministry of Social Welfare, Gender and 
Children's Affairs, the Immigration Department, and the Office of 
National Security. The Government assisted in reintegrating trafficking 
victims when requested; however, there were no known requests for 
assistance with international investigations or extraditions.
    Document fraud was common and government registry officials, 
police, immigration officials, and border guards frequently accepted 
bribes. Although there was no proof that forged documents were used to 
facilitate trafficking, government officials who forged documents such 
as birth, marriage, and death certificates rarely suffered punishment.
    A shelter for trafficking victims, run by the International 
Organization for Migration, has been operational since late 2006 and 
provided safe haven, medical care, counseling, and reintegration for 
over 145 victims of trafficking during the year. There were gaps in the 
services they were able to provide due to limited funding and the lack 
of shelter facilities outside of Freetown.
    Government officials continued to work with NGOs on trafficking-
related issues and attended NGO training sessions on trafficking. The 
Ministry of Social Welfare, Gender, and Children's Affairs and the SLP 
publicly supported NGO anti-trafficking efforts. However, the 
trafficking secretariat, established by the 2005 law, had yet to be 
funded, and the three-year work plan developed by the antitrafficking 
task force remained largely unfunded.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not prohibit 
discrimination against persons with physical and mental disabilities. 
No law mandates accessibility to buildings or assistance to disabled 
persons. There was no government policy or program to assist persons 
with disabilities; public facility access and discrimination against 
persons with disabilities were not considered public policy priorities. 
A few private agencies and organizations provided job training for such 
persons.
    There was no outright discrimination against persons with 
disabilities in employment, education, access to health care, or in the 
provision of other state services; however, given the high rate of 
general unemployment, work opportunities for persons with disabilities 
were few. Despite the sizeable numbers of persons disabled by polio, 
there was little government assistance to this group.
    Psychiatric patients at the Kissy Mental Hospital were usually 
restrained by being chained to their cots for the first few weeks of 
treatment due to the lack of soft restraints.
    Some of the many individuals maimed in the civil war, or who had 
their limbs amputated by rebel forces, received special assistance from 
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 former 
combatants, who received aid through the demobilization process. In 
response to TRC recommendations, the Government accepted in principle 
the need to develop an aid program for war wounded, amputees, and 
victims of sexual violence; however, assistance to these groups 
remained limited and mostly funded by outside entities.

    National/Racial/Ethnic Minorities.--The ethnically diverse 
population consists of about 18 ethnic groups of African origin, many 
of whom spoke distinct languages and were concentrated outside urban 
areas. In addition there are significant Lebanese and Indian 
minorities, and small groups of European and Pakistani origin. Little 
ethnic segregation was apparent in urban areas, where interethnic 
marriage was common. The two largest ethnic groups were the Temne in 
the north and the Mende in the south. These groups each constituted an 
estimated 30 percent of the population; however, the Krio, who 
constituted 10 percent of the population, have historically dominated 
the civil service and judiciary. Strong ethnic loyalties, bias, and 
stereotypes existed among all ethnic groups. The Temne and Mende have 
vied historically for political power, and the violence during the 11-
year civil war had some ethnic undertones. Ethnic loyalty remained an 
important factor in the Government, armed forces, and business. 
Complaints of ethnic discrimination in government appointments, 
contract assignment, and military promotions were common both with the 
former SLPP and current APC ruling parties.
    Ethnic clashes between Limbas and Mandingos resulted in injuries 
and property damage, including killed livestock and burned homes and 
villages.
    Residents of non-African descent faced institutionalized political 
restrictions. 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, most notably members of the Lebanese community.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination based on actual, perceived, or suspected HIV status; 
however, persons with HIV/AIDS were stigmatized in society. There was 
no official discrimination against HIV/AIDS positive persons.
    The law prohibits homosexual acts, and there was official and 
societal discrimination based on sexual orientation. Many homosexuals 
concealed their sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to join unions 
of their choice without prior authorization or excessive requirements; 
however, civil service, police, and members of the armed services are 
prohibited from joining unions. The law allows unions to conduct their 
activities without interference, and the Government generally protected 
this right; however, by year's end the Government had not granted a 
bargaining certificate to the Civil Servant's Union, whose application 
had been on file since 1986. According to the Ministry of Labor, 
approximately 35 to 40 percent of workers were unionized, including 
mainly agricultural workers, mineworkers, and health workers.
    Unions have the right to strike, although the Government could 
require 21 days' notice, and workers exercised this right in practice. 
The law does not prohibit retaliation against strikers, even for a 
lawful strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides 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. Collective bargaining was widespread in the 
formal sector, and most enterprises were covered by collective 
bargaining agreements on wages and working conditions. No reliable data 
was available on the percentage of workers covered by collective 
agreements.
    The law does not prohibit antiunion discrimination against union 
members nor employer interference in the establishment of unions; 
however, during the year there were no reports of such occurrences.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, including by children; however, the 
Government did not effectively enforce the law, and forced and bonded 
child labor remained a largely unquantifiable problem. Under the 
Chiefdom's Council Act, individual chiefs may impose forced labor as 
punishment and have done so in the past; however, there were no 
reported occurrences during the year. Chiefs also may require villagers 
to contribute to the improvement of common areas, a practice that 
occurred in rural areas. There is no penalty for noncompliance.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits forced and bonded labor by children; however, the 
Government did not effectively enforce the law, and child labor 
remained a problem due to strong tradition and high levels of extreme 
poverty. Almost half of children aged 14-15 years were engaged in some 
form of child labor, but the rate varied from 27 percent in urban areas 
to 57 percent in rural areas. The law limits child labor, allowing 
light work at age 13, full-time work at age 15, and hazardous work at 
age 18. The law states that children under 13 should not be employed in 
any capacity; however, enforcement was not effective.
    Children aged 15 may be apprenticed (provided they have finished 
schooling) and employed full-time in non-hazardous work. The law also 
proscribes work by any children under 18 between 8 p.m. and 6 a.m. The 
law sets health and safety standards and requires school attendance 
through the age of 15, but the Government did not enforce this. Many of 
the laws were not enforced because of lack of knowledge, societal 
perception of children's roles, and poverty.
    In many cases children worked alongside parents or relatives and 
these children abandoned educational or vocational training. There were 
no reports that authorities conducted any child labor inspections 
during the year.
    In rural areas children worked seasonally on family subsistence 
farms. Children also routinely assisted in family businesses and worked 
as petty vendors. Adults engaged a large number of street children to 
sell, steal, and beg. Because the adult unemployment rate remained 
high, few children were involved in the industrial sector or elsewhere 
in the formal economy.
    There were reports that foreign employers hired local children to 
work as domestic laborers outside the country at extremely low wages 
and in poor conditions. The Ministry of Social Welfare, Gender, and 
Children's Affairs was responsible for reviewing the issuance of 
passports to minors, but did not do so effectively, and the prevalence 
of document fraud made effective government oversight difficult.
    There were reports that children whose parents sent them to friends 
or relatives in urban areas for education were forced to work on the 
street. There also were reports that adults asked orphanages for 
children to be used as household help.
    Many girls, particularly those displaced from their homes and with 
few resources, resorted to prostitution as a means to support 
themselves.
    In remote villages, children are made to carry heavy loads as 
porters resulting in stunted growth and development. Children are also 
engaged in sand mining, fishing, hawking, mining, and prostitution. 
Some of the children who were hired by employers outside the country 
may have been victims of trafficking.
    The Ministry of Labor was responsible for enforcing child labor 
laws. The Ministry of Mineral Resources enforced regulatory 
prohibitions against the worst forms of child labor. The ministry also 
was charged with protecting children working in the diamond mining 
areas; however, enforcement was not effective.
    An initiative called ``chiefs as champions for children'' used 
traditional leaders to advocate for children's rights. The Freetown 
City Council contributed non-financial support to programs that provide 
free schooling and services to at-risk youth.

    e. Acceptable Conditions of Work.--The national minimum wage, 
covering all occupations, including in the informal sector, was set at 
25,000 leones (approximately $8.30) per month, which did not provide a 
decent standard of living for a worker and family. The Ministry of 
Labor is responsible for enforcing the minimum wage, but it lacked the 
resources to effectively do so, and compliance was difficult to monitor 
in the informal sector. Most workers supported an extended family, 
often including relatives who had been displaced by the insurgency in 
the countryside. It was common to pool incomes and to supplement wages 
with subsistence farming and child labor.
    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 hiring, and overtime was to be paid if an 
employee's work hours exceeded the standard workweek. There was no 
prohibition on excessive compulsory overtime.
    The Ministry of Health and Sanitation was responsible for setting 
and enforcing health and safety standards. Although the Government set 
these 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; however, no 
such actions were reported during the year. 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

    Somalia\1\ has an estimated population of seven million. The 
territory, which was recognized as the Somali state from 1960 to 1991, 
was fragmented into regions led in whole or in part by three distinct 
entities: the Transitional Federal Institutions, with the Transitional 
Federal Parliament (TFP) in Baidoa, and the presidency and most of the 
Transitional Federal Government (TFG) in Mogadishu; the self-declared 
Republic of Somaliland in the northwest; and the semi-autonomous region 
of Puntland in the northeast. The TFG was formed in late 2004, with a 
five-year transitional mandate to establish permanent, representative 
government institutions and organize national elections.
---------------------------------------------------------------------------
    \1\ The United States does not have diplomatic representation in 
Somalia, and U.S. government personnel were not permitted to travel 
regularly into any of the territory of the former state of Somalia 
during the year. This report draws in large part on non-U.S. government 
sources.
---------------------------------------------------------------------------
    A political process to establish peace and stability in the country 
continued as the TFG and the Alliance for the Re-liberation of Somalia 
(ARS) reached the Djibouti Agreement on June 9 and began to implement 
its terms; however, significant problems remained. Ethiopian National 
Defense Forces (ENDF) entered the country in 2006 at the request of the 
TFG to combat the Council of Islamic Courts and its associated armed 
militants, who had captured Mogadishu and were expanding control in 
south central Somalia. During the year the ENDF remained in south 
central Somalia, and an influx of weapons and small arms to all parties 
contributed to the conflict. Fighting between TFG/ENDF forces and their 
militias against antigovernment forces, terrorist groups, and extremist 
elements increased and resulted in widespread human rights abuses, 
including the killing of thousands of civilians (there are no reliable 
estimates for the number and most presented vary widely), the 
displacement of over one million persons, and widespread property 
damage, particularly in Mogadishu. The larger clans had armed militias 
at their disposal, and personal quarrels and clan disputes frequently 
escalated into killings. Targeted assassinations, once rare, became 
frequent. Roadside bombings increased and there were four suicide 
bombings reported during the year. Civilian authorities did not 
maintain effective control of the security forces in any area of the 
country, although elected civilian authorities in Somaliland and 
Puntland maintained some control over security forces in their 
respective regions.
    The country's poor human rights situation deteriorated further 
during the year, exacerbated by the absence of effective governance 
institutions and rule of law, the widespread availability of small arms 
and light weapons, and ongoing conflicts. As a consequence citizens 
were unable to change their government. Human rights abuses included 
unlawful and politically motivated killings; kidnapping, torture, rape, 
and beatings; official impunity; harsh and life-threatening prison 
conditions; and arbitrary arrest and detention. In part due to the 
absence of functioning institutions, the perpetrators of human rights 
abuses were rarely punished. Denial of fair trial and limited privacy 
rights were problems, and there were restrictions on freedoms of 
speech, press, assembly, association, religion, and movement. 
Discrimination and violence against women, including rape; female 
genital mutilation (FGM); child abuse; recruitment of child soldiers; 
trafficking in persons; abuse and discrimination against clan and 
religious minorities; restrictions on workers' rights; forced labor, 
including by children; and child labor were also problems.
    In its March report, the UN Independent Expert on Human Rights in 
Somalia (UNIE) noted that despite the overall deteriorated situation, 
very small yet incremental changes in terms of human rights awareness 
and knowledge were taking place in small areas.
    Members of antigovernment, extremist groups, and terrorist 
organizations like al-Shabaab, some of whose members were affiliated 
with al-Qa'ida, committed numerous human rights violations, including 
killings of TFG members and civilians; kidnappings and disappearances; 
restrictions on freedom of movement; displacement of civilians; and 
attacks on journalists, aid workers, civil society leaders, and human 
rights activists.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were numerous 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    Fighting between TFG/ENDF forces and antigovernment groups resulted 
in thousands of civilian deaths in south central Somalia, particularly 
Mogadishu; political killings and assassinations also occurred (See 
Section 1.g.).
    Politically motivated killings by antigovernment groups, extremist 
elements, and terrorist organizations resulted in the deaths of 
approximately 20 senior TFG officials (See Section 1.g.).
    Prominent peace activists, clan elders, and their family members 
became targets and were either killed or injured for their role in 
peace-building. There were no confirmed reports of government 
involvement in these killings, but the Government neither identified 
nor punished the perpetrators. On March 10, two unidentified gunmen 
killed Sheikh Muhammad Ahmed ``Kashka,'' a prominent cleric and peace 
activist as he left a mosque in Mogadishu. Sheikh Ahmed's killing 
immediately followed his sermon condemning groups behind assassinations 
of TFG officials. On June 22, unknown gunmen assassinated Mohamed 
Hassan Kulmiye, director of the central office of the Center for 
Research and Dialogue (CRD) in Beletweyn. Kulmiye was leading a foreign 
government-funded dialogue and was reportedly targeted for his work. As 
in all previous killings of peace activists, the perpetrators were not 
arrested by year's end.
    The Government summarily executed persons during the year. For 
example, on January 13, a firing squad executed Hussein Mohamed, a 
government security officer, for killing a woman. On March 31, 
authorities in the semiautonomous region of Puntland executed Jamal 
Jabir after local courts convicted him of murdering Said Shire six days 
earlier. Clan elders did not allow Jabir to present a full defense in 
his case.
    Use of excessive force by government forces, militia associated 
with members of the TFG, and ENDF troops resulted in the deaths of 
demonstrators during the year (See Section 2.b.).
    Throughout the year government and ENDF security forces killed 
street children. On February 9, TFG forces at a checkpoint near Villa 
Somalia, the presidential palace in Mogadishu, reportedly killed two 
children, ages seven and eight, on their way to madrassa in Mogadishu's 
Wardhigley district. On August 27, TFG forces on search operations in 
Mogadishu's Zobe neighborhood deliberately targeted and killed a street 
boy. Many children were caught in crossfire during ongoing fighting.
    On January 20, militants fired mortars at Villa Somalia, the 
presidential palace in Mogadishu, killing four TFG security officers 
and wounding another. The attack occurred shortly after Prime Minister 
Hassan Hussein and his cabinet relocated to the capital. On March 29, 
President Yusuf was targeted in a mortar attack on Villa Somalia while 
he was meeting with Ethiopia's foreign minister. Several of Yusuf's 
bodyguards were killed and others reportedly hurt in the attack. A TFG/
ENDF counterattack against insurgents killed a number of fighters and 
civilians in Bakara market. On June 1, President Yusuf's convoy was 
attacked along Maka-al-Mukarama road on its way to Mogadishu airport, 
and on the same day, mortar rounds were fired at a plane the president 
had boarded. On July 7, armed militias attacked TFG security forces at 
Villa Baidoa, the presidential residence, and at the Baidoa airstrip. 
On December 30, six persons were killed and scores injured in a 
restaurant in Bakara market during a TFG counterattack against al-
Shabaab militants.
    Senior members of the TFG were killed. On March 25, in Baidoa, 
three unidentified men shot and killed TFG national security officer 
Colonel Mohamed Abdi ``Shikshigow.'' In Baidoa members of parliament 
were killed and their family members threatened. On August 26, a 
grenade attack on the home of parliamentarian Mohamed Hussien Rage 
killed his son and a security guard. Also on August 26, unidentified 
gunmen attacked the homes of Mohamed Omar Dhalha, deputy speaker of 
parliament, and Osman Ali ``Atto,'' before they were repulsed by 
security guards. A security guard at Ali's residence was injured in the 
attack. On September 10, unknown gunmen killed parliamentarian Mohamed 
Osman Maye outside a Baidoa mosque after evening prayers. A few days 
prior to his death, Maye reportedly made a speech before parliament on 
the deteriorating security situation in the country. On December 27, in 
Baidoa unknown assailants killed the deputy minister for constitution, 
federal affairs, reconciliation, and regional development, Ismail 
Hassan Mohamud ``Timir,'' as he left a mosque.
    Several deaths resulted from random shootings by Islamic extremists 
trying to impose strict social edicts. For example, in February at 
least 20 persons were killed and 100 others injured after two 
successive explosions in the port city of Bossaso, Puntland. Many of 
the victims were Ethiopians believed to be on their way to Yemen and 
other countries on the Arabian Peninsula. Some reports suggest they 
were targeted because of ``sinful'' behavior. Puntland police arrested 
six suspects linked to the explosion who were released after several 
months without trial. Also on February 17, at least four persons were 
injured when armed extremist groups simultaneously attacked four 
cinemas in Mogadishu that were screening a sports match. In another 
February incident, militia associated with Hassan al-Turki killed a 
teenager and injured three others for sitting in a tea shop in Doblay 
where music was being played. On April 13, an assailant lobbed a 
grenade at a cinema in Merka, killing five persons, including three 
children, and wounding 18 others. Also in April in Hudur, al-Shabaab 
militia shut down cinemas, burnt down khat stores, forcefully shaved 
the heads of persons they accused of wearing inappropriate hairstyles, 
and imposed a ban on smoking and music.
    There were several killings of prominent persons by unknown 
assailants. On February 8, unknown assassins killed Hussein Gorgor, a 
TFG colonel, and injured his bodyguard in Lower Shabelle's Wanlaweyn 
district. In February unknown assailants killed a TFG national security 
officer in Baidoa. On March 12, the TFG Balad police chief in Middle 
Shabelle region was beheaded by unknown assailants. On May 11, unknown 
assailants killed Mohamed Abdulle Mahdi, a civil society activist and 
chairman of Women and Child Care Association (WOCCA) in Beletweyn. On 
July 2, unknown gunmen killed Abdikarim Ibrahim, a prominent Mogadishu 
businessman. On September 16, unidentified gunmen in Galkayo killed 
Abdiduh Himbil, a prominent businessman, when they opened fire on his 
vehicle on his way home from a mosque.
    During the year two journalists and media owners were killed, 
generally by unknown assailants (See Section 2.a.).
    Attacks on humanitarian workers, NGO employees, and foreign 
peacekeepers resulted in deaths during the year (See Section 4).
    During the year hundreds of civilians were killed in inter- or 
intraclan militia clashes. The killings resulted from clan militias 
fighting for political power and control of territory and resources; 
revenge attacks; criminal activities and banditry; private disputes 
over property and marriage; and vendettas after such incidents as 
rapes, family disagreements, killings, and abductions. With the 
breakdown of law and order, very few of these cases were investigated 
by the authorities, and there were few reports that those cases 
resulted in formal action by the local justice system.
    On March 18, a land dispute escalated into interclan conflict 
between Sa'ad and Dir in Galkayo that resulted in the deaths of 10 
persons. Twenty others were injured. On April 11, clashes over water 
and pasture between two Abgaal subclans in the Middle Shabelle region 
killed 15 persons. On May 14, interclan clashes between Biyamal and 
Somali Bantu in Jamaame, in Lower Juba, killed 10 persons and injured 
an estimated 20. The clashes also displaced hundreds of Somali Bantu 
families.
    In June conflict between the Gadhweyn and Warsangeli subclans in 
Erigavo in the disputed Sanaag region between Somaliland and Puntland 
displaced approximately 600 persons from their homes. Clashes continued 
between the Marehan and Majerten over control of Kismayo, escalating 
into a fierce battle in August that resulted in the deaths of more than 
100 fighters and civilians and injury to more than 300. While the 
conflict had its roots in internal clan conflict, al-Shabaab took 
advantage of the fighting to back a loose coalition of clan militia 
that eventually established control over the port city.
    In September Darood and Hawiye subclans in Galkayo exchanged 
captives and vehicles seized from each other in earlier conflicts. No 
action was taken against the responsible members of the security forces 
or militias who committed killings in 2007 or 2006, nor were there any 
developments in the reported killings due to inter- or intraclan 
fighting in prior years.
    Landmines throughout the country resulted in numerous civilian 
deaths (See Section 1.g.).

    b. Disappearance.--There were no reports of politically motivated 
disappearances, although cases could be concealed due to the separation 
from their families of thousands of refugees and IDPs. Abductions to 
extort ransom increased. Abduction as a tactic in clan disputes or to 
attain political ends was less frequent. The Somali NGO Safety 
Preparedness and Support Program (SPAS) reported increased incidences 
of kidnapping.
    During the year there were a few kidnappings by militia groups and 
armed assailants who demanded ransom for hostages. The majority of 
reported kidnappings were in the Puntland and southern regions, 
especially in areas surrounding Mogadishu, where ransoms allegedly 
funded purchases of weapons and ammunition. More than 25 aid workers 
and nongovernmental organization (NGO) workers were kidnapped during 
the year (See Section 4).
    Maritime piracy and the kidnapping of crews increased dramatically, 
especially along the eastern and northeastern coasts, hampering 
humanitarian efforts to provide essential commodities to thousands of 
IDPs in the country (See Section 1.g.).
    There were no investigations or action taken against the 
perpetrators of any kidnappings during the year, nor were there any 
developments in the cases of kidnappings from previous years.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transitional Federal Charter (TFC) prohibits torture. 
The Puntland Charter prohibits torture ``unless sentenced by Islamic 
Shari'a courts in accordance with Islamic law.'' However, there were 
reports of the use of torture by the Puntland and Somaliland 
administrations and warring militiamen against each other and against 
civilians. Observers believed that many incidents of torture were not 
reported. The TFG, militias allied with the TFG, and various clan 
militias across the country tortured and abused detainees. Unlike 
previous years, there were no reports of public floggings by persons 
affiliated with the TFG.
    Persons assembled at food distribution centers were killed and 
injured. On April 24, in Baidoa, ENDF killed two persons and injured 
another at a WFP food distribution point when they opened fire in 
response to a grenade attack against them.
    On May 14, in Kismayo, a woman was killed and three other persons 
injured when security escorts opened fire on a crowd attempting to 
steal food.
    Police raped women, and there continued to be reports of militias 
using rape to punish and intimidate rivals. Rape was commonly 
perpetrated in interclan conflicts.
    There were no reports of action taken against Somaliland or 
Puntland forces, warlord supporters, or members of militias responsible 
for torturing, beating, raping, or otherwise abusing persons in 2007 or 
2006. There also was no action taken against members of the defunct 
Council of Islamic Courts for torture and abuse committed in 2006.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening in all regions of the country. The main 
Somaliland prison in Hargeisa, designed for 150 inmates, held more than 
700 prisoners. Overcrowding, poor sanitary conditions, lack of access 
to health care, and inadequate food and water persisted in prisons 
throughout the country. Tuberculosis, HIV/AIDS, and pneumonia were 
widespread. Abuse by guards was common. Detainees' families and clans 
generally were expected to pay the costs of detention. In many areas 
prisoners depended on food received from family members or from relief 
agencies.
    Prisons were not properly secured and there were several instances 
when prisoners escaped. For example, on March 5, armed militias opened 
fire on the Kismayo prison and forcefully released four prisoners who 
had been detained for a March carjacking. The assailants and prisoners 
remain at large. On April 10, armed men stormed Garowe prison and 
released a fellow militia member who was detained for selling a vehicle 
and weapons belonging to the Puntland administration. Outraged by the 
incident, the prison director opened the prison gate for all the other 
detainees to escape. The director and the police commander were 
subsequently fired.
    TFG-allied militias, antigovernment groups, extremist elements, 
warlords, and clan leaders reportedly ran their own detention centers, 
in which conditions were harsh and guards frequently abused detainees. 
Human rights organizations and civil society leaders in Mogadishu 
reported the existence of makeshift detention centers in Mogadishu 
where prisoners were held during and after episodes of heavy fighting.
    In prisons and detention centers, juveniles frequently were held 
with adults. The incarceration of juveniles at the request of families 
who wanted their children disciplined continued to be a major problem. 
Female prisoners were separated from males; however, particularly in 
south central Somalia, pretrial detainees were not necessarily 
separated from convicted prisoners.
    The Puntland administration permitted prison visits by independent 
monitors. An agreement between Somaliland and the UN Development 
Program (UNDP) allows for the monitoring of prison conditions. There 
were no visits by the International Committee of the Red Cross to 
prisons in Somaliland or in the rest of Somalia during the year, but a 
Prisons Conditions Management Committee organized by the UNDP and 
comprised of medical doctors, government officials, and civil society 
representatives continued to visit prisons in Somaliland. During the 
year UNDP managed a program to improve the Somaliland prisons by 
building new facilities and assisting in training wardens and judicial 
officials.

    d. Arbitrary Arrest or Detention.--In the absence of enforced 
constitutional or other legal protections, the TFG, militias allied to 
it, and various clan militias across the country continued to engage in 
arbitrary arrest and detention, and there was no system of due process. 
Although precise figures were unobtainable, local human rights 
organizations and international organizations reported that, although 
there were fewer arrests than last year, TFG and ENDF forces had 
arrested thousands of persons, most of whom were quickly released. 
However, many were detained for longer periods in up to eight detention 
facilities and allegedly subjected to beatings, mistreatment, and 
torture. A 2008 Human Rights Watch report stated that released 
individuals described serious abuses of detainees by TFG and ENDF 
forces. The same report accused TFG police of arbitrarily arresting 
civilians to extort money from their families. Reports by NGOs and 
other international organizations indicate that mistreatment continued 
during the year.
    In January 13, TFG forces arrested 35 persons at a Baidoa mosque 
after evening prayer. The TFG regional security commander reportedly 
stated they were looking for criminal suspects in the congregation.
    On April 19, ENDF detained for several days an estimated 40 
madrassa children after a raid in Hidaya following clashes with 
antigovernment groups.

    Role of the Police and Security Apparatus.--The police were 
generally ineffective, underpaid, and corrupt. With the possible 
exception of approximately 2,000 UN-trained police known as the Somali 
Police Unit, members of the TFG titular police forces throughout the 
country often directly participated in politically based conflict and 
owed their positions largely to clan and familial links to government 
authorities. There were continued allegations that TFG security 
officials were responsible for extrajudicial killings, indiscriminate 
firing on civilians, arbitrary arrest and detention, rape, extortion, 
looting, and harassment.
    In Somaliland an estimated 60 percent of the budget was allocated 
to maintaining a militia and police force comprised of former soldiers. 
Abuses by police and militia members were rarely investigated, and 
impunity was a problem. Police generally failed to prevent or respond 
to societal violence.
    On January 27, Puntland military elements stormed the Puntland 
Central Bank in Garowe, blocked all vehicular and pedestrian routes, 
and held employees hostage to protest several months of unpaid 
salaries. After approximately one hour, the military dispersed after 
negotiations with Puntland authorities. The Puntland police force has 
never been paid on a regular basis, and the armed militia was not 
aligned with the Somali National Army.

    Arrest and Detention.--Judicial systems were not well established, 
were not based upon codified law, did not function, or simply did not 
exist in most areas of the country. The country's previously codified 
law requires warrants based on sufficient evidence issued by authorized 
officials for the apprehension of suspects; prompt notification of 
charges and judicial determinations; prompt access to lawyers and 
family members; and other legal protections for the detained. However, 
adherence to these procedural safeguards was rare. There was no 
functioning bail system or the equivalent.
    Arbitrary arrest was a problem countrywide.
    Authorities in each region arbitrarily arrested journalists during 
the year (See Section 2.a.). TFG forces also arrested NGO and UN 
employees during the year (See Section 4.).
    TFG-allied militia, who were not paid wages, arrested persons at 
random and demanded ``bail'' from their family members as a condition 
for their release, according to international and local NGOs. In May an 
investigative journalist reported that TFG paramilitary groups under 
the command of the Mogadishu mayor, the police commissioner, and the 
head of national security extorted money from relatives of detainees in 
their custody to secure their release.
    TFG police often detained persons without charge. For example, on 
January 22, the TFG police released Yusuf Mohamed Barow, director of 
Holy Quran radio in Mogadishu after two months of detention. On January 
27, TFG released Ahmed Dirie, spokesman for the Hawiye Traditional and 
Unity Council (HTUC), and several other Hawiye clan elders after they 
were detained for three months. On April 24, TFG security released 
Mohamed Shidane Daban, Banadir Radio reporter, from detention three 
months after he was arrested at Mogadishu airport in connection with 
the death of Mohamed Ali, a Banadir administration official who was 
killed in a roadside bomb explosion in January. None of these persons 
was charged with a crime.
    There also were reports of politically motivated arrests. In April 
Yusuf Ali Harun, the TFG's former chief justice, and Justice Mohamed 
Nur were released. Harun and Nur were arrested in September 2007 by the 
TFG National Security Service on orders from Abdullahi Barre, the 
attorney general, on charges of corruption and misuse of office. There 
were reports that arrested persons were sometimes held for extended 
periods while awaiting trial. Militias and factions held pretrial 
detainees without charge and for lengthy periods.
    Authorities in Somalia arrested or detained numerous persons 
accused of terrorism and support for the former Islamic Courts and al-
Shabaab. Authorities in Kenya subsequently arrested other suspected 
terrorists after they fled Somalia. According to media reports and 
human rights NGOs, some of those detained in 2007 were released, while 
others were transferred without judicial process to Ethiopia. There 
were no reports of new transfers. In May 2007 Ethiopian authorities 
acknowledged that 41 suspected foreign terrorists were being held and 
investigated, although most were released by the end of 2007. In June 
more of these suspects were released.
    Irregular forces and extremist elements arrested and detained 
persons. For example, on August 15, in Jowhar town in Middle Shabelle 
Region, forces affiliated with the Islamic Courts Union (ICU) arrested 
12 persons who were allegedly consuming and selling drugs. There was no 
further information as to the whereabouts of those arrested at year's 
end.

    e. Denial of Fair Public Trial.--The TFC provides for an 
independent judiciary, but there was no functioning judicial system for 
the TFG to administer. The TFC outlines a five-year transitional 
process that includes the drafting of a new constitution to replace the 
1960 constitution that was in force prior to the 1991 collapse of the 
Barre regime; however, for many issues not addressed in the charter, 
the former constitution still applies in principle.
    The TFC provides for a high commission of justice, a supreme court, 
a court of appeal, and courts of first reference; however, in practice 
no such courts existed. Some regions established local courts that 
depended on the predominant local clan and associated factions for 
their authority. The judiciary in most areas relied on some combination 
of elements from traditional and customary law, Shari'a, and the penal 
code of the pre-1991 government.
    The Somaliland constitution provides for an independent judiciary; 
however, the judiciary was not independent in practice. The Somaliland 
constitution is based on democratic principles, but the region 
continued to use laws that predate the constitution, some of which 
contradict democratic principles. Functional courts exist though there 
was a serious lack of trained judges and a shortage of legal 
documentation to build judicial precedence in Somaliland. Untrained 
police and other unqualified persons reportedly served as judges. 
International NGOs reported that local officials often interfered with 
legal matters and that the Public Order Law in Somaliland was often 
used to detain and imprison persons without trial.
    The Puntland Charter provides for an independent judiciary; 
however, the judiciary was not independent in practice. The charter 
also provides for a Supreme Court, courts of appeal, and courts of 
first instance. These courts function, though they lack the capacity to 
provide equal protections under the law.
    Clans and subclans frequently used traditional justice, which was 
swift. For example, in March a militia leader was publicly executed in 
Kismayo for killing another militia member in Jilib. Traditional 
judgments sometimes held entire opposing clans or subclans responsible 
for alleged violations by individuals.

    Trial Procedures.--The TFC provides for the right to be represented 
by counsel. That right and the right to appeal did not exist in those 
areas that applied traditional and customary practices or Shari'a.
    In Somaliland the rights to be represented by counsel and to appeal 
were more often respected. Authorities in this region did not recognize 
the TFC and continued to apply the Somaliland constitution, as well as 
pre-1991 laws.
    In Puntland, as in most other areas of Somalia, clan elders 
resolved the majority of cases using traditional methods; those with no 
clan representation in Puntland, however, were subject to the 
administration's judicial system.

    Political Prisoners and Detainees.--There were no official reports 
of political prisoners or detainees, although some arrests and 
detentions appeared to be politically motivated.

    Civil Judicial Procedures and Remedies.--The inability of the 
judiciary to handle civil cases involving such matters as defaulted 
loans or contract disputes encouraged clans to take matters into their 
own hands and led to increased interclan conflict. There were no 
lawsuits seeking damages for, or cessation of, a human rights 
violation. With the breakdown of the rule of law and the lack of a 
coherent legal system or effective government, individuals were not 
afforded adequate protection or recourse.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The TFC provides for the sanctity of private property 
and privacy; however, looting, land seizure, and forced entry into 
private property continued in Mogadishu and elsewhere with impunity. 
The Puntland Charter and the Somaliland constitution recognize the 
right to private property; however, authorities did not generally 
respect this right in practice.
    On March 4, armed militia associated with the TFG opened fire and 
looted Bakara market, Mogadishu's main market. Dressed in civilian 
clothes, the armed men burglarized shops and seized valuable goods. A 
combined contingent of ENDF and TFG forces cordoned off the market, 
providing cover for those looting the market. Despite promises by the 
prime minister, there was no investigation and no perpetrators were 
punished.
    Throughout the year TFG forces extorted money from public service 
vehicles and truck drivers transporting goods. On February 26, a TFG 
soldier manning a checkpoint in Hodan district of Mogadishu shot and 
killed a bus driver for not paying the extortion fee.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Fighting during the year among TFG/ENDF troops, extremist 
elements, antigovernment groups, and al-Shabaab in south central 
Somalia resulted in the deaths of at least 3,000 persons, as reported 
by the Somalia-based Elman Human Rights Organization. An estimated 
5,000 others were injured, and the UN High Commissioner for Refugees 
(UNHCR) reported that over one million civilians were displaced, some 
several times, as a result of conflict during the year. All parties to 
the conflict employed indiscriminate, lethal tactics. Antigovernment 
and extremist groups, including al-Shabaab, were accused of launching 
mortar attacks from hidden sites within civilian populated areas, and 
using civilians as human shields. In addition, such groups reportedly 
conducted suicide bombings, used landmines and remote controlled 
roadside bombs, and conducted targeted killings of journalists, aid 
workers, and civil society leaders. TFG/ENDF forces often responded to 
such attacks with disproportionate force and indiscriminate shelling of 
civilian populated areas. The NGO Human Rights Watch accused all 
parties to the conflict of indiscriminate attacks, deployment of forces 
in densely populated areas, and a failure to take steps to minimize 
civilian harm. As a result homes, hospitals, schools, mosques, and 
other infrastructure were destroyed in Mogadishu. Since the collapse of 
the Government in 1991, tens of thousands of persons, mostly 
noncombatants, have died in interclan and intraclan fighting. No action 
was generally taken against those responsible for the violence.
    For example, on March 18, in Mogadishu, three unidentified men shot 
and killed an old man at Kah-Sheekhal IDP camp. At year's end there 
were no developments in the case. On March 26, ICU sympathizers 
believed to be from an Abgal/Agonyar sub-clan militia of the Hawiye 
clan attacked Jowhar. Unconfirmed reports indicated that four persons 
died and three were injured in the incident.
    On December 13, at least 12 civilians who were at a water 
collection point in Kaba Hirig in Lower Shabelle region died during 
shelling in response to a roadside bomb targeting TFG/ENDF forces.
    In its December report, Human Rights Watch documented numerous 
killings including summary executions of civilians by members of the 
ENDF, TFG forces, and antigovernment and extremist groups. The report 
detailed cases of indiscriminate attacks by these groups and 
disproportionate responses by security forces.
    For example, on March 20, in the Heliwa District of Mogadishu, 
Ethiopian Troops shot and killed Ali Dheere, a medical doctor.
    On March 23, in the Wardhigley District of Mogadishu, TFG forces 
shot and killed a three-year-old boy standing at the gate of his house 
(See Section 5).
    On March 28, in the Yaqshid District of Mogadishu, Ethiopian troops 
opened fire on a public bus, causing the death of three passengers and 
injuries to six others.
    Roadside bombings, suicide attacks, and armed raids targeting TFG 
officials and sympathizers as well as civil society groups continued 
throughout the year. Antigovernment and extremist groups were 
responsible for numerous killings of government officials and police. 
Politically motivated killings by antigovernment groups resulted in the 
deaths of several (senior TFG officials and members of the Banadir 
regional administration, including district commissioners and their 
deputies, and security and court officials. For example, on March 19, 
unidentified armed men shot and killed Moallim Osman, a neighborhood 
leader, in the Waberi district of Mogadishu. More than 10 district or 
deputy district commissioners in and around Mogadishu were targeted by 
armed gunmen, bombs, or remote-controlled explosive devices. On January 
5, unknown gunmen killed Sheikh Ibrahim Goole, Beletweyn district 
judge. On February 1, gunmen killed Abbas Nur Galeyr, spokesman for the 
Mogadishu mayor, only a month after his predecessor was killed. Also in 
February gunmen in Mogadishu's Yaqshid district killed Abdullahi 
Muhammad Qasim, Banadir region director of social affairs. None of the 
assailants were identified by year's end. Al-Shabaab claimed 
responsibility for several attacks against the TFG and its supporters 
during the year.
    During attacks on police stations in Mogadishu and elsewhere, 
antigovernment groups summarily executed police officers. In a June 27 
attack on Dayniile police station, 10 police officers were killed and 
five were injured.
    There were numerous reported cases of TFG security forces killing 
civilians whom they suspected of planning attacks or giving information 
to antigovernment forces. For example, on February 27, TFG forces 
killed Abukar Abdisalan Adan in front of his Mogadishu home. On March 
13, militia associated with the TFG killed a madrassa teacher. On March 
20, police killed two armed militia and arrested 10 at Alhamdulilah 
police barracks after they attempted to use force to pass a roadblock.
    On August 9, near Elasha Biyaha, Ethiopian-trained TFG police 
reportedly killed four civilians and injured women operating a nearby 
restaurant in response to an explosion targeting them.
    During the year security forces killed persons waiting for food 
aid.
    No action was taken against security officials responsible for 
civilian deaths during the year.
    On April 15, one person was killed and seven injured when police 
manning a checkpoint opened fire on a minibus that apparently did not 
stop.
    During the year attacks on Ugandan and Burundian troops 
participating in the African Union's Peace Support Mission (AMISOM) 
increased. On April 8, a suicide car bomb explosion in Mogadishu killed 
a Burundian peacekeeper. On May 23, an AMISOM vehicle hit a roadside 
mine while on a mine clearing operation in Mogadishu, injuring four 
Ugandan peacekeepers. On September 14 and 15, two Ugandan soldiers were 
killed and two injured in separate attacks.
    Landmines throughout the country resulted in human and livestock 
casualties, denial of access to grazing and arable land, and road 
closures. The UN Children's Fund (UNICEF) reported a continued 
proliferation of mines and ordnance during the year resulting in 
numerous deaths and injuries due to landmines. Antipersonnel and 
antivehicle landmines, most of them remotely controlled, were 
frequently deployed by antigovernment groups against TFG forces, ENDF 
troops, and civilians.
    For example, on January 12, Osman Mohamed Barre, Hiran regional 
supreme court chairman, escaped with minor wounds when a remote 
controlled roadside bomb destroyed his car in Beletweyn; the explosion 
also injured two civilians. On April 7, a land mine in Beletweyn killed 
six civilians and injured 27. On August 3, a roadside bomb killed 20 
women cleaning Mogadishu streets and injured 47 others. Al-Shabaab 
reportedly warned the women against cleaning the streets as their 
actions might trigger landmines laid for TFG/ENDF. Also in August an 
al-Shabaab gunman shot and killed a businesswoman in Afgoe for selling 
eggs to Ethiopian troops.
    Attacks on and harassment of humanitarian, religious, and NGO 
workers resulted in numerous deaths.
    Numerous children were killed while playing with unexploded 
ordnance (UXO). For example, on February 23, a multiple land mine 
explosion in Ashagabi, a remote village in Baidoa, injured eight 
children. On March 18, three children were killed and another injured 
in Balguri village in Afgoe while playing with unexploded ordnance. On 
July 10, in Hawlwadag District in Nugal Region, four children were 
killed and nine injured when an UXO they found detonated. In 
Somaliland, as in previous years, children continued to be the largest 
casualty group in accidents caused by UXO.
    Police officers and local administrators also were killed by 
landmines. For example, on July 5, a Yaqshid deputy district 
commissioner, his wife, and three guards were killed and five others 
injured when their vehicle hit a roadside mine.

    Physical Abuse, Punishment, and Torture.--On February 2, TFG 
security forces beat, harassed, and briefly detained a Somali medical 
doctor who worked in Madina Hospital. After several hours and 
intervention by the police commissioner, the doctor was released.
    Throughout the year Ethiopian forces clashed with armed militias, 
causing civilian deaths, destruction of property and displacement. 
Local human rights groups accused ENDF of committing abuses including 
indiscriminate and excessive use of force, shelling residential areas 
and market places, arbitrary arrests, and aiding TFG forces in looting. 
Many of these incidents occurred in reaction to an attack by insurgents 
or other antigovernment groups.
    For example, on April 19, ENDF reportedly killed 21 civilians in 
Mogadishu, including Sheikh Said Yahya, a prominent Tabliqh cleric, and 
several members of his congregation in Hidaya mosque. On the same day, 
ENDF detained over 40 children who were at the mosque's school. The 
children were released after several days. In July ENDF reportedly 
fired several artillery shells in the western districts of Beletweyn 
before deploying ground forces to combat insurgent groups in the town. 
The incident resulted in civilian deaths and displaced approximately 
70,000 persons. On August 16, ENDF opened fire on two minibuses 
following a roadside explosion, reportedly killing 60 civilians. On 
August 21, after an attack on Villa Somalia, ENDF shelling in Bakara 
market reportedly killed at least 10 civilians and injured several 
others at Bakara mosque. Local human rights organizations reported 80 
civilians killed and more than 100 injured during an August ENDF 
offensive against insurgents in the Yaqshid, Heliwa, Hodan, and 
Wardigley districts of Mogadishu.

    Child Soldiers.--The recruitment and use of children in militias 
and other fighting forces was a longstanding practice in the country 
and continued during the year. Children continued to be recruited into 
militias by the TFG and its related forces, as well as by clan militias 
and antigovernment groups. This recruitment was on occasion forced. The 
May UN Security Council report of the secretary general on children and 
armed conflict in Somalia cited TFG, local administrations, former 
Union of Islamic Courts (UIC) and al-Shabaab as having continued 
recruitment of boys and girls as young as eight into their militias. 
According to the report, a boy of 14 orphaned in the conflict worked at 
a TFG checkpoint and was paid 30,000 Somali shillings ($0.50) a day. 
The report also mentions a 16-year-old girl who was recruited, trained 
for three weeks in Hilweyne, and officially became a member of the TFG 
military. Similarly, al-Shabaab conscripted children into armed 
conflict and military operations in addition to using them to plant 
roadside bombs and other explosive devices. According to the UN report, 
al-Shabaab recruited children as young as eight from schools and 
madrassas and trained them to plant bombs and carry out assassinations 
for financial reward.
    In July 2007 the UN Security Council Working Group on Children and 
Armed Conflict called on all parties to stop recruiting children and 
demobilize those serving as soldiers. In some administrations in 
Somalia, like that of Jowhar, authorities committed to demobilize child 
soldiers with UNICEF's assistance; however, there was no progress in 
demobilizing child soldiers.
    The TFG pledged to address child recruitment when ministers signed 
the Paris Commitments in February 2007; however, all parties to the 
conflict, including the TFG, continued to recruit child soldiers during 
the year. UNICEF continued its public outreach program with radio 
broadcasts to highlight the problem of child soldiers.
    The Somaliland constitution contains no minimum age for recruitment 
into the armed forces, but there were no reports of minors in its 
forces; however, an inadequate system of birth registration made it 
difficult to establish the exact age of recruits.

    Other Conflict Related Abuses.--Security problems complicated the 
work of local and international organizations, especially in the south. 
Attacks on NGOs, looting, and piracy disrupted flights and food 
distribution during the year. As a result of threats and harassment, 
some organizations evacuated their staffs or halted relief food 
distribution and other aid-related activities.
    During the year piracy off the coast of Somalia significantly 
increased, and the International Maritime Bureau identified Somali 
territorial waters as the most dangerous in the world. Pirates 
conducted 42 successful hijackings and 69 unsuccessful attacks on 
vessels off the Somali coast. Many incidents occurred in the Gulf of 
Aden, and most of the ships were brought into the waters off the coast 
of Puntland and held near the coastal town of Eyl. Fueled by lucrative 
ransoms, Eyl developed a burgeoning industry to support the pirates and 
their hostages. Following ransom payments that in some cases reached 
several millions of dollars, the hijacked vessels were released. In 
each instance crews were held hostage until ransom was paid. In April 
Puntland security forces stormed a hijacked ship and rescued its crew 
members. They arrested seven pirates, and Puntland courts sentenced the 
perpetrators to life in prison. In September Somaliland authorities 
arrested and sentenced five suspected pirates to five-year prison terms 
for plotting to conduct piracy off the coast of Berbera. At year's end 
15 vessels and more than 200 crew members remained in the custody of 
Somali pirates.
    The TFG improved its treatment of humanitarian agency personnel and 
ceased much of the rhetoric against NGOs common in the previous year, 
but has been unable to prevent attacks against them. During the year 
attacks on aid workers increased. The deteriorating security situation 
and continued targeting of national and international relief workers 
presented significant challenges to humanitarian operations in Somalia. 
During the year 36 aid workers were killed and 28 kidnapped, 10 of whom 
remained captive at year's end. In addition, 22 humanitarian vehicles 
were hijacked. As a result relief agencies significantly reduced or 
relocated international staff. Aid agencies increasingly relied on 
national staff, who were equally under threat, and partnerships with 
local implementing organizations to deliver relief assistance to 
vulnerable beneficiaries.
    On April 6, armed militiamen in Garowe, Puntland, opened fire on a 
UNHCR vehicle. The passengers were not injured.
    On April 14, four expatriates working for a private ``Christian'' 
school in Koshiin village of Beletweyn town were killed by remnants of 
an ICU militia who moved into the town after Ethiopian forces based in 
the town reinforced Ethiopian troops who were attacked en route Bulo-
Burte district (See Section 2.c.).
    On May 17, unknown assailants killed Ahmed Bario, an educator who 
had been managing the operations of the Promotion of Employment Through 
Training project in Kismayo run by the Horn Relief Organization.
    On June 22, the same day that unknown gunmen assassinated human 
rights activist Engineer Mohamed Hassan Kulmiye in Beletweyn, unknown 
gunmen in Mogadishu abducted Hassan Mohamed Ali ``Kenyan,'' head of 
UNHCR Somalia, and held him at an undisclosed location for two months 
until his August release.
    On July 6, unidentified gunmen killed Osman Ali Ahmed, head of the 
United Nations Development Program (UNDP) office in Mogadishu, as he 
exited a mosque with his son and brother.
    On August 4, in the Dharkenly district of the Banadir Region, eight 
civilians were killed and 11 injured as a result of indiscriminate fire 
between armed opposition groups, the TFG, and Ethiopian forces.
    On August 14, at KM8 in Mogadishu, Ethiopian Forces opened fire on 
a minibus en route to a hospital. The patient and six of his relatives 
were killed.
    On October 29, simultaneous explosions in Hargeisa targeting the 
UNDP, Somaliland Elections Commission, and the Ethiopian embassy and 
offices in Bossasso killed 20 persons and injured 37.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The TFC and the Somaliland 
constitution provide for freedom of speech and press. However, there 
were instances of harassment, arrest, and detention of journalists in 
all regions of the country, including Puntland and Somaliland. The 
Puntland Charter provides for press freedom ``as long as they respect 
the la.''; however, this right was not respected in practice. Freedom 
House has classified Somalia as ``not free'' every year from 1972 to 
2008. Reporters Without Borders also gave the country a low rating for 
press freedom. Journalists engaged in rigorous self-censorship to avoid 
reprisals.
    The print media consisted largely of short, photocopied dailies 
published in the larger cities and often affiliated with one or another 
of the factions. Several of these dailies were nominally independent 
and published criticism of prominent persons and political leaders.
    In Somaliland there were six independent daily newspapers. There 
was also one government daily and two English-language weekly 
newspapers. There were two independent television stations, Hargeisa TV 
and Hargeisa Cable TV, and one government-owned station, Somaliland 
National TV. Although the Somaliland constitution permits independent 
media, the Somaliland government has consistently prohibited the 
establishment of independent FM stations. The only FM station in 
Somaliland was the Government-owned Radio Hargeisa.
    Most citizens obtained news from foreign radio broadcasts, 
primarily the BBC's Somali Service and the Voice of America's Somali 
service that transmitted daily Somali-language programs. There were 
reportedly eight FM radio stations and one short-wave station operating 
in Mogadishu. A radio station funded by local businessmen operated in 
the south, as did several other small FM stations in various towns in 
the central and southern parts of the country. There were at least six 
independent radio stations in Puntland.
    Opposition elements, many affiliated with the former UIC and other 
extremists, continued to harass journalists. Journalists reported that 
antigovernment groups threatened to kill them if they did not report on 
antigovernment attacks conducted by al-Shabaab. Journalists added that 
publishing criticism of the opposition ingratiated them with the TFG 
but subjected them to opposition threats, and vice versa. In September 
the Kismayo administration established rules for journalists, including 
a requirement to refrain from reporting news that undermines Islamic 
law.
    Journalists and media organizations in all regions reported 
harassment including killings, kidnappings, detention without charge, 
and assaults on persons and property. Most of the experienced field 
reporters and senior editors have fled the country due to direct 
threats from both the TFG security forces and antigovernment groups. 
Two journalists have been killed in Somalia. In Baidoa and Mogadishu, 
the TFG continued to enforce strict orders against reporting or 
photographing ENDF security operations.
    There was one targeted killing of a journalist during the year, 
compared to eight such killings in 2007. There was also one death due 
to an attack unrelated to journalism. On January 28, Hassan Kafi Hared, 
a Somali News Agency employee, was killed when a bomb exploded under a 
passing vehicle. In June, Nasteh Dahir Farah of the BBC Somali Service 
was killed in what appeared to be a targeted operation. In addition, 
Bisharo Mohammed Waeys, the last woman in Puntland working openly as a 
journalist, escaped an assassination attempt in May. There were no 
arrests in connection with any killings or attempted killings of 
journalists during the year.
    Numerous journalists were arrested and detained during the year. 
For example, on January 13 an editor, Bashir Mohammed Abdulkadir, and 
the director, Abdirahman Mohamed Hassan (Hudeyfi), of Somaliweyn Radio 
were arrested in Mogadishu for unknown reasons by TFG personnel. They 
were released after 19 and 14 days, respectively. On January 15, BBC 
freelance reporter Ayanle Hussien Abdi was arrested in Beledweyne in 
Hiran Region, allegedly for failing to attend a press conference called 
by the regional governor. He was released after two days in custody. In 
April Somaliland police arrested Jamhuuriya newspaper reporter 
Abdirahman Muhammad Habbane in Awdal Region for unknown reasons and 
reportedly released him after a few days in custody. In April five 
journalists from Radio Voice of Peace were arrested after a raid on the 
station, which led to the station's temporary closure. They were held 
for four days, and the station resumed broadcasting shortly after the 
raid. On May 9, Director of the Somali Broadcasting Corporation (SBC) 
Mowlid Haji Abdi was detained for approximately 12 hours by the 
Puntland Regional State police for SBC's reporting on armed conflict in 
Puntland. In June Abdulkadir Mohamed Nunow, deputy director of Horseed 
Media and a VOA Somali Service correspondent, was arrested and held for 
one day after an interview with kidnapped Westerners.
    On August 23, Canadian journalist Amanda Lindhout, Australian 
photojournalist Nigel Brenan, and Abdifatah Mohammed Elmi were 
abducted; no claim of responsibility was made, and the motive for the 
kidnappings remained unknown. At year's end the journalists were 
reportedly being held in northern Mogadishu.
    Also in August Somaliland police forces in Burao arrested Universal 
TV reporter Fosi Suleyman Aw Bindhe at the venue where the opposition 
Kulmiye political party was holding its central committee meeting. He 
was held for six days.
    In February the Waayaha Press newspaper office was attacked and 
looted by TFG security forces, who allegedly threatened the journalists 
with reprisal if they reported the incident.
    On September 17, Abdiqani Ismail Goh was arrested by Somaliland 
Police after head of Somali Red Crescent (SRC) in Las Anod Dakir Ali 
Nur filed a complaint against Goh for his Internet reporting on SRC's 
food distribution. Goh was released on September 22 without trial or 
further explanation.
    On November 3, Hadis Mohammed Hadis was arrested at Igal 
International Airport by Somaliland Criminal Investigations Department 
(CID) agents. According to journalists in Hargeisa, Hadis was arrested 
after local residents saw him filming the sites of the dual bombings on 
October 29 in Hargeisa and then followed the journalist while speaking 
on a telephone about the bombings. He was released on November 18.
    On November 16, Radio Galkayo was shut down by Puntland police and 
Hassan Mohammed Jama, director of Radio Galkayo, was arrested and 
detained for five days. These actions were reportedly in response to 
Radio Galkayo's reporting on the upcoming Puntland presidential 
election, an activity that had been prohibited by the Puntland regional 
government.
    On November 26, a British and a Spanish journalist were abducted in 
Bosasso.
    Several broadcasting stations were closed during the year. In 
March, Radio Simba, Radio Shabelle, and Horn Afrik were forcibly closed 
by TFG forces, who removed equipment, disabling stations. In April 
Radio Voice of Peace was reportedly raided and closed, and five 
journalists were arrested and held for four days.
    At least two radio stations were closed by Islamic administrations. 
On December 10, Radio Markabley in Bardhere district in Gedo region was 
closed by an al-Shabaab administration that claimed the station was 
broadcasting forbidden music. On December 13, the Kismayo branch of 
Horn Afrik was closed for undisclosed reasons.
    Journalists report continued pressure from both the TFG and 
opposition elements to provide favorable reporting for each side, with 
threats of reprisal if reporting was perceived to be critical of them.

    Internet Freedom.--There were no government restrictions on access 
to the Internet, but opposition elements in Mogadishu reportedly 
closely monitored Internet use and were believed to be the authors of 
anonymous e-mail threats to local journalists. Media outlets continue 
to create Web sites associated with their broadcast operations, 
resulting in a proliferation of news-oriented Somali language Web 
sites. The Web sites are widely viewed, and Internet use was widespread 
in both rural and urban areas.

    Academic Freedom and Cultural Events.--There were few functioning 
universities in Somalia-three in Mogadishu, three in Somaliland, and 
three in Puntland. There were dozens of others that existed only in 
name. There were restrictions on academic freedom, and academicians 
practiced self-censorship. In Puntland a government permit was required 
to conduct academic research.
    There were no official restrictions on attending cultural events, 
playing music, or going to the cinema, although the security situation 
effectively restricted access to and organization of cultural events. 
In certain areas local Islamic groups established rules for public 
conduct, similar to 2006, when the (UIC) controlled much of south 
central Somalia. For example, in September the Islamic administration 
that controls Kismayo asked that radio stations cease playing 
``immoral'' music.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The TFC, the Somaliland constitution, and the Puntland 
Charter provide for freedom of assembly; however, a ban on 
demonstrations continued, and the lack of security effectively limited 
this right in many parts of the country. Use of excessive force by 
security personnel to disperse demonstrators resulted in numerous 
deaths and injuries.
    For example, on May 6, TFG police killed five demonstrators when 
thousands marched in the streets of Mogadishu to demonstrate against 
rising food prices and merchants' refusal to accept old currency notes.
    On April 27, Somaliland police killed three persons and injured 
several others while dispersing a demonstration. On July 18, police in 
Hargeisa killed two civilians and injured an estimated seven after 
firing into a group of youth demonstrators.
    The use of excessive force by security forces in south central 
Somalia resulted in the deaths and injuries of persons assembled at 
food distribution centers. On June 25, TFG forces reportedly killed an 
estimated five persons while dispersing a crowd gathered at a food 
distribution center.

    Freedom of Association.--The TFC provides for freedom of 
association; however, the TFG did not permit freedom of association 
during the year. The Puntland Charter provides for freedom of 
association; however, the Puntland administration continued to ban all 
political parties.
    The Somaliland constitution provides for freedom of association, 
and this right was generally respected in practice; however, in July 
2007 Somaliland authorities arrested three opposition politicians who 
were planning to form a new political party. These persons were 
released in December 2007. President Riyale stated that he issued an 
official pardon; however, their judicial record was not cleared, and 
the leaders were effectively blocked from participating in the 
electoral process as candidates for any party.
    Legislation governing the formation of political parties in 
Somaliland limits the number of parties allowed to contest general 
elections to three. An ad hoc commission nominated by the president and 
approved by the legislature was responsible for considering 
applications. The law provides that approved parties obtaining 20 
percent of the vote are allowed to operate. There were three approved 
political parties.

    c. Freedom of Religion.--While the TFC provides for religious 
freedom, this right was widely ignored in practice. The TFG generally 
did not enforce legal restrictions or protections concerning religious 
freedom.
    Militia groups, particularly those associated with al-Shabaab and 
individuals previously affiliated with the UIC, at times imposed a 
strict interpretation of Islam on communities under their control. 
There were reports that individuals who did not practice Islam were 
discriminated against, and at least four nonobservant Somalis may have 
been killed.
    The TFC, Somaliland constitution, and Puntland Charter establish 
Islam as the official religion. Somalis are overwhelmingly Sunni 
Muslims of a Sufi tradition. There also is a very small, extremely low-
profile Christian community, in addition to small numbers of followers 
of other religions. The constitution and/or charters governing the 
various regions provide the right to study and discuss the religion of 
one's choice. However, the Government does not permit freedom of 
worship. The number of adherents of strains of conservative Islam and 
the number of Islamic schools supported by religiously conservative 
sources continued to grow.
    In Puntland, only Shafi'iyyah, a moderate Islamic doctrine followed 
by most citizens, is allowed. Puntland security forces closely 
monitored religious activities. Religious schools and places of worship 
must receive permission to operate from the Ministry of Justice and 
Religious Affairs, but such permission was granted routinely to schools 
and mosques espousing Shafi'iyyah.
    In Somaliland religious schools and places of worship must obtain 
the Ministry of Religion's permission to operate. Proselytizing for any 
religion except Islam is prohibited in Puntland and Somaliland and 
effectively blocked by informal social consensus elsewhere in the 
country. Apart from restrictions imposed by the security situation, 
Christian-based international relief organizations generally operated 
freely as long as they refrained from proselytizing. However, on April 
13, a militia reportedly affiliated with al-Shabaab killed four 
Christian teachers at their school in Beledweyne.

    Societal Abuses and Discrimination.--During the year, in the Bay 
and Lower Juba regions as well as in Mogadishu, Muslim extremists 
killed several prominent clerics. On August 15, armed youth lobbed 
grenades at a mosque in Doblay. The mosque is used by members of the 
Takfir, a Muslim sect that brands all other Muslims ``unbelievers,'' 
killing two persons.
    Suspected Islamic extremists bombed cinemas and attacked persons 
whom they asserted were not behaving ``appropriately.'' On March 26, in 
Shalmbot town of Lower Shabelle, unidentified UIC supporters hurled a 
hand grenade to a cinema house resulting in four persons injured. 
During the year clan-based militias and militias associated with the 
former UIC and al-Shabaab temporarily occupied several towns, closing 
institutions and regulating behavior deemed un-Islamic.
    Non-Sunni Muslims often were viewed with suspicion by members of 
the Sunni majority. Non-Muslims who practiced their religion openly 
faced societal harassment. Although not legally prohibited, conversion 
from Islam to another religion was considered socially unacceptable. 
Those suspected of conversion faced harassment or even death from 
members of their community.
    In April a worshipper was stabbed in a mosque in Somaliland after 
two groups clashed in a mosque over differences in interpretation of 
Islamic beliefs.
    The small Christian community kept a low profile. There were no 
public places of worship for non-Muslims in Somalia. Christians, as 
well as other non-Muslims who proclaim their religion, faced harassment 
or even death.
    There is no known Jewish community in the country, and there were 
no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The TFC and the Puntland Charter 
provide for freedom of movement within the country; however, this right 
continued to be restricted in some parts of the country. Checkpoints 
operated by the TFG, TFG-allied militias, and armed clan factions 
inhibited passage and exposed travelers to looting, extortion, rape, 
and harassment, particularly of civilians fleeing conflict. For 
example, on March 23, militias in Kismayo put local checkpoints within 
the town, halting local transportation and attacking community elders. 
According to the UN, checkpoints increased to over 400 in south and 
central Somalia. In the absence of effective governance institutions, 
few citizens had the documents needed for international travel.
    The law does not prohibit forced exile; however, none of the 
authorities used forced exile during the year.
    There were no organized repatriations to any region of Somalia 
during the year.

    Internally Displaced Persons (IDPs).--UN agencies estimated that 
since January 2007 approximately 870,000 persons had fled their homes 
in Mogadishu and its surroundings as a result of ongoing conflicts 
between TFG/ENDF forces and antigovernment groups. The Somalia office 
of the UNHCR, based in Kenya, estimated that there were approximately 
1.1 million IDPs in the country as a result of internal conflict, 
flooding, droughts, and other causes going back to the early 1990s.
    Many of the newly displaced lived without basic services, primarily 
settling on the Afgoye corridor between Mogadishu and Baidoa. Militia 
groups, aligned with both sides of the conflict, have restricted access 
during food distributions. During the year Puntland authorities in 
Galkayo and Garowe forcibly repatriated Somalis from south central 
Somalia.

    Protection of Refugees.--The 1990 constitution and TFC do not 
include provisions for granting asylum or refugee status in accordance 
with the 1951 UN Convention relating to the Status of Refugees and its 
1967 protocol, and there was no official system for providing such 
protection. The authorities provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, and in practice the authorities granted 
refugee status or asylum. The UNHCR reported approximately 9,600 
refugees and asylum seekers in northern Somalia; other estimates were 
as high as 1.5 million displaced due to conflict, food shortages, and 
inflation, which made it impossible to purchase rations. An additional 
3.5 million Somalis were in need of humanitarian assistance; however, 
insecurity in south and central Somalia has limited the access of UN 
and international aid workers. UN agencies reported that 36 
humanitarian workers were killed in Somalia during the year.
    Somaliland authorities cooperated with the UNHCR and other 
humanitarian organizations in assisting refugees and asylum seekers. 
The UNHCR reported that more than 31,375 Somalis attempted to cross 
illegally from Somaliland and Puntland, and Djibouti to Yemen during 
the year, resulting in at least 328 confirmed deaths and another 359 
missing and presumed dead.
    In January 2007 the Kenyan government closed its border to all 
traffic to and from Somalia, although it later allowed humanitarian 
relief supplies to enter Somalia on a case-by-case basis. Despite the 
border closure, an estimated 60,000 asylum seekers made their way to 
the already overcrowded Dadaab refugee camps in Kenya through the 
porous border during the year, significantly more than in 2007. The 
UNHCR estimated that more than 80,000 Somalis sought refuge in 
neighboring countries.
    There continued to be reports that Somali women, girls, and in 
isolated cases men, were raped in refugee camps in Kenya during the 
year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In the absence of effective governance institutions, citizens could 
not exercise the right to change their government. The country was 
governed by an internationally recognized, although unelected, TFG with 
a mandate until 2009 to prepare the country for national elections. 
Clan leaders operated as de facto rulers in most regions under the 
nominal control of the TFG. Although many such leaders derived their 
authority from the traditional deference given to clan elders, they 
often faced opposition from intraclan groups and political factions, as 
well as from the perceived central authority of the TFG.

    Elections and Political Participation.--The TFG was formed in late 
2004 and early 2005 following two years of negotiations in Kenya, which 
were led by the Intergovernmental Authority on Development. The TFC is 
the legal framework for the transitional federal institutions of 
parliament and government, which operate under a five-year mandate that 
expires in 2009. In 2004 the clan-based TFP elected Abdullahi Yusuf 
Ahmed, the former president of Puntland, as transitional federal 
president, and he then appointed Ali Mohammed Gedi as prime minister. 
After Gedi resigned in October 2007, in November 2007 President Yusuf 
appointed Nur ``Adde'' Hassan Hussein as prime minister. Yusuf 
attempted to remove Prime Minister Hussein, first by supporting a 
parliamentary vote of ``no-confidence'' and then by dismissing him 
through a presidential decree. Both plans backfired and after 
significant discord within the TFG, on December 29, Abdullahi Yusuf 
resigned. Elected in January 2007 as speaker of parliament, Sheikh Adan 
Mohamed Nur became interim president following Yusuf's resignation. The 
TFC stipulates that the interim president remain in office for 30 days 
until the parliament selects a new president. At year's end Nur 
remained the interim president.
    Following the TFG/ENDF defeat of the UIC in late 2006, the 
Government moved its base from Baidoa to Mogadishu; however, the TFP 
remained in Baidoa. One of the key outcomes of the 2007 National 
Reconciliation Congress (NRC) to reconcile all Somali clans and build 
support for the transitional process was the appointment of government 
ministers from outside parliament.
    In January, after consulting with members of parliament and clan 
leaders, Prime Minister Hussein appointed a new, smaller cabinet. Many 
of the ministers were from outside the TFP. Also in January the prime 
minister effectively established all executive operations in Mogadishu. 
After taking office the prime minister began advancing the cause of 
reconciliation, particularly in Mogadishu, reaching out to the business 
community, clan elders, and civil society.
    In September 2007 ousted parliamentarians, significant elements 
from the former UIC, and civil society leaders held a conference in 
Asmara and formed a political organization called the Alliance for the 
Re-liberation of Somalia (ARS). Sheikh Sharif Ahmed, former UIC 
Chairman, became the chairman of the ARS and Sharif Hassan Sheikh Adan, 
the first speaker of the TFP, became the chairman of the ARS Central 
Committee. In May the TFG and the ARS began UN-facilitated discussions 
in Djibouti to establish a peace process. During the first stage of 
meetings, the majority of the ARS leadership relocated from Eritrea to 
Djibouti, where many were granted citizenship. The ARS also committed 
to taking part in a political transition through elections.
    On June 9, the leaders of the TFG and the ARS agreed to an 11-point 
UN-brokered agreement to cease all armed confrontation, ensure 
unhindered humanitarian access, and work toward a durable peace. The 
formal signing of the agreement took place on August 18, during the 
first meetings of the High Level Committee and the Joint Security 
Committee that were charged with implementing the agreement. The 
committees met several more times during the year to draft a ceasefire 
agreement and establish subcommittees to develop a peace process inside 
Somalia. On October 26, the TFG and the ARS agreed to form a unity 
government and support a cessation of armed confrontation. On November 
25, the High Level Committee recommended a unity government consisting 
of an expanded parliament and to extend the transitional period by two 
years. At year's end the committees were working together to ensure 
that the Djibouti Process and the presidential succession were mutually 
supportive.
    While Prime Minister Hussein enjoyed high marks for his 
reconciliation efforts, he drew intense criticism from President Yusuf 
and the TFP for not addressing financial and budgetary issues and the 
deteriorating security situation. Differences between Yusuf and Hussein 
on security and other issues led to an intractable rift between the two 
leaders. Internal conflicts deepened with an August attempt by the TFP 
to pass a no-confidence motion against the prime minister, thus 
removing him from office. Following Ethiopian mediation, President 
Yusuf, the prime minister and the TFP speaker signed an agreement on 
August 26 to resolve internal crises, hold elections for a new Banadir 
administration, improve revenue collection, redeploy security forces, 
withdraw Ethiopian troops, and support the Djibouti agreement. On 
November 16, Prime Minister Hussein named a new cabinet consisting of 
18 ministers and 18 deputy ministers. Yusuf rejected these 
appointments, but on December 15 parliament ratified the cabinet at the 
same time it passed a vote of confidence in Prime Minister Hussein and 
his government. The conflict between the two leaders culminated in the 
December presidential decree dismissing the prime minister and Yusuf's 
attempted appointment of Mohammed Mahmud Guled ``Gamadheere'' as prime 
minister. Few recognized Gamadheere's appointment, and Mogadishu 
residents launched public demonstrations of support for Prime Minister 
Hussein. The outcry against Yusuf, including the threat of sanctions 
against the former president and his allies, led to his resignation.
    The Banadir regional elections were delayed by several weeks but 
eventually took place on November 23 through secret ballot. Three 
elected officials assumed the positions of Mogadishu mayor and Banadir 
governor and first and second deputy mayor/governor. These officials 
would lead the counselors in a 69-member Banadir administration who 
were selected by the prime minister and an interim governing body 
through complex clan negotiations.
    Somaliland has a constitution and bicameral parliament with 
proportional clan representation and an elected president and vice 
president. Somaliland authorities have established functioning 
administrative institutions in virtually all of the territory they 
claim, which is the same as the Somaliland state that achieved 
international recognition briefly in 1960 before entering into a union 
with the former Italian colony of Somalia. In a 2001 referendum, 97 
percent of voters supported Somaliland independence.
    In 2006 President of Somaliland Dahir Riyale Kahin postponed 
elections for the parliament's House of Elders and initiated a process 
to extend the mandate of the unelected upper house, or Guurti, for four 
years. On April 10, presidential and local elections scheduled for July 
and August were again postponed, this time by the Guurti. As in 2006, 
opposition parties again declared the process illegal. The Guurti 
decided to extend President Riyale's term in office for an additional 
year. Subsequent to international mediation the stakeholders agreed to 
a new electoral timetable and a national voter registration process 
where each Somaliland citizen would also receive a national ID card. By 
year's end the registration process had concluded successfully in most 
of Somaliland's regions. During the year it was reported that 
presidential elections were scheduled for April 6, 2009, and were to be 
followed by local elections.
    In December 2007 Somaliland opposition figures Mohamed Abdi 
Gaboose, Mohamed Hashi Elmi, and Jamal Aideed Ibrahim were released 
from prison after serving three months on charges of founding an 
illegal organization and creating instability. At year's end the three 
leader's political rights were not fully restored. They were able to 
register to vote, but they were not allowed to participate in the 
electoral process as a candidate for any party.
    In 1998 Puntland declared itself a semiautonomous regional 
government during a consultative conference of delegates from six 
regions that included traditional community elders, the leadership of 
political organizations, members of local legislative assemblies, 
regional administrators, and civil society representatives. Puntland 
has a single-chamber quasi-legislative branch called the Council of 
Elders, which has played a largely consultative role. Political parties 
were banned. General Mohamud Muse Hersi was elected president by the 
Puntland Parliament in 2005. Parliamentary representatives are seated 
by their respective clan elders, and on December 30, Puntland's 
election and ratification commission announced the names of 66 new 
members of parliament selected by clan elders in the six administrative 
regions.
    Some Puntland cabinet ministers had their own militias, which 
contributed to a general lack of security. As part of the election 
process, each presidential candidate was required to pay a $5,000 
qualification fee and each vice-presidential candidate a $2,500 fee. 
Some of these funds were to be used for security during the 
proceedings.
    Somaliland and Puntland continued to contest parts of Sanaag 
region, as well as the Sool region and the Buhodle district of Togdheer 
region during the year. Both governments maintained elements of their 
administrations in the Sanaag and Sool regions, and both governments 
exerted influence in various communities. During the year there were 
renewed hostilities in Las Anod, Sool region. On January 13, Puntland 
militia attacked Somaliland troops stationed near Dhabansaar village, 
southeast of Las Anod. There were no reports of casualties, but 
Somaliland forces took an estimated 40 of the Puntland troops prisoner. 
Tensions between pro-Puntland and pro-Somaliland militias remained high 
in the Las Anod area. Humanitarian aid agencies reported that 
approximately 9,000 families (22,000-54,000 persons) were displaced by 
the fighting. On March 21, Somaliland authorities released 79 prisoners 
captured in 2007 during fighting between Somaliland and Puntland forces 
in Las Anod. Somaliland forces remained in control of Las Anod although 
Puntland forces threatened attack and had reportedly expanded their 
security presence in the surrounding areas.
    There were 23 women in the 275-seat TFP; the number fell short of 
the TFC requirement that at least 12 percent of parliamentary seats be 
reserved for women. In the 23-member cabinet appointed in January, 
there was only one woman minister, the minister for gender and family 
affairs, and one deputy minister. In the 36-member cabinet ratified by 
parliament on December 15, there was still only one woman minister and 
one deputy minister. In the Somaliland government consisting of 28 
ministers, a woman held the post of gender and family minister, and two 
women were elected to the 82-member lower house of parliament. In 
Puntland there have never been any women on the Puntland Council of 
Elders, and in December there were two women selected as 
representatives of the 66-member parliament. These two women served in 
the previous Puntland parliament from 2005 to 2008. Asha Gelle held the 
position of minister of gender and family and was the only female 
minister in the Puntland administration. On August 8, Gelle resigned 
from her position as special representative of the president for Mudug 
region because of executive interference in government affairs. She 
maintained her ministerial position.
    There were 31 members of the minority Bantu and Arab ethnic groups 
in the TFP and only one in the TFG cabinet. There were no members of 
minority groups in the Somaliland parliament and cabinet. There are 136 
distinct sub-clan groups in Puntland, 46 of which are represented in 
parliament. These are the largest sub-clan groups and each have between 
one to four representatives in the 66-member body. The other smaller 
sub-clans do not necessarily consider themselves as ``minorities,'' and 
most believe they represented within the larger Darod/Harti clan and 
the parliamentary body.

    Government Corruption and Transparency.--Official corruption was 
endemic throughout the country. The law does not provide criminal 
penalties for official corruption and officials frequently engaged in 
corrupt practices with impunity. Corruption exists in almost every 
transaction in Somalia and there is no regulatory or penal framework in 
place to combat it. This is true even in the provision of humanitarian 
assistance. The 2008 World Bank Worldwide Governance Indicators 
reflected that corruption was a severe problem.
    There were no laws providing for public access to government 
information.
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 
throughout the country investigating and publishing their findings on 
human rights cases. However, security considerations constrained their 
ability to operate freely. The Mogadishu-based Dr. Ismael Jumale Human 
Rights Center (DIJHRC) and Elman Peace and Human Rights Organization, 
Isha Baidoa Human Rights Organization in the Bay and Bakol regions, 
KISIMA in Kismayo, and other local human rights groups were active 
during the year, although less than previously. The DIJHRC investigated 
the causes of the continuing conflict in the Mogadishu area and 
conducted human rights monitoring. The Mogadishu-based National Union 
of Somali Journalists (NUSOJ) continued to advocate for media freedom 
throughout the country. The Mogadishu-based Center for Research and 
Dialogue, several women's NGOs, and other civil society organizations 
also played a role in promoting intraclan dialogue, national 
reconciliation, and dialogue between the TFG/Ethiopians and elders of 
the dominant Hawiye clan in Mogadishu.
    Somaliland human rights organizations accused authorities of 
meddling in their internal affairs and fomenting conflict among them.
    Attacks and incidents of harassment of humanitarian, religious, 
civil society, and NGO workers resulted in at least 52 deaths during 
the year. TFG officials accused NGOs and civil society organizations of 
siding with opposition groups and exaggerating human rights abuses 
committed by TFG forces. The TFG intimidated and arrested NGO workers, 
who also received death threats from regional administrators, clan 
militias, and criminals.
    On January 18 in Kismayo, a roadside bomb explosion killed three 
aid workers from Medecins Sans Frontieres-Holland (MSF): Victor Okunnu, 
a Kenyan medical doctor; Damien Lehalle, a French logistician; and 
Billan, a Somali driver. MSF subsequently closed its operations in 
Kismayo.
    There were numerous occurrences of looting, hijacking, and attacks 
on convoys of WFP and other humanitarian relief shipments during the 
year. For example, on April 1, two UN staff were hijacked and abducted 
15 kilometers south of Sakow town in Middle Juba. One of the two 
expatriates, thought to be British, was injured in the incident, which 
was orchestrated by local militia.
    On May 20, a senior national project officer for an international 
NGO was shot and killed outside his house. Clan militias reportedly 
were involved in the killing.
    On May 21, an unidentified armed militia group attacked an 
international NGO guest house compound where two expatriates and a 
Somali national were residing in Awdigley, Lower Shabelle Region. 
Documents and laptops were reportedly taken during the incident with 
one security guard injured. The three staff were allegedly blindfolded 
and taken away to an unknown destination. The two internationals were 
allegedly freed after a ransom of 1 million dollars was paid, according 
to local media sources.
    On July 12, in the Gal-hareri District of the Galgadud Region 
unidentified gunmen at a checkpoint shot and killed a senior national 
staff member of a local NGO. At year's end there were no arrests or 
developments in this killing.
    Somaliland authorities continued to hold convicted murderers Jama 
Abdi Ismail and Mohamed Ali Isse, who were sentenced to death in 
November 2005 for the killing of four foreign aid workers in 2003 and 
2004.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The TFC prohibits discrimination on the basis of gender or national 
origin; however, societal discrimination based on clan and ethnic 
origin, violence against women and widespread abuse of children 
continued to be serious problems. The Somaliland constitution and the 
Puntland Charter prohibit discrimination on the basis of gender or 
national origin, but these rights were not respected in practice.

    Women.--Laws prohibiting rape exist; however, they were not 
enforced. There were no laws against spousal rape. There were no 
reports that rape cases were prosecuted during the year. NGOs 
documented patterns of rape perpetrated with impunity, particularly of 
women displaced from their homes due to civil conflict or who were 
members of minority clans. Police and militia members engaged in rape, 
and rape was commonly practiced in interclan conflicts. Traditional 
approaches to dealing with rape tended to ignore the victim's situation 
and instead communalized the resolution or compensation for rape 
through a negotiation between members of the perpetrator's and the 
victim's clans. Victims suffered from subsequent discrimination based 
on attributions of ``impurity.'' Women and girls in IDP camps were 
especially vulnerable to sexual violence, contributing to the spread of 
HIV/AIDS. In March the UNIE reported that in Mogadishu and Kismayo IDP 
women and girls, particularly those belonging to minority groups, were 
increasingly becoming the targets of sexual violence by youth gangs. In 
Somaliland gang rape continued to be a problem in urban areas, 
primarily by youth gangs, members of police forces, and male students. 
Many of these cases occurred in poorer neighborhoods and among 
immigrants, refugee returnees, and displaced rural populations living 
in urban areas. Many cases were not reported.
    Domestic violence against women remained a serious problem. There 
are no laws specifically addressing domestic violence; however, both 
Shari'a and customary law address the resolution of family disputes. 
The UNIE reported that ``honor'' or revenge killings still took place. 
No statistical information was available on the extent of domestic 
violence. Sexual violence in the home was reportedly a serious problem, 
linked to general gender discrimination. Women have suffered 
disproportionately in the country's civil war and interclan fighting.
    Prostitution is illegal and there were no statistics on its 
prevalence. In the country's overwhelmingly patriarchal culture, women 
do not have the same rights as men and are systematically subordinated. 
Polygamy was permitted. Under laws promulgated by the former 
government, girls could inherit property, but only half the amount to 
which their brothers were entitled. Similarly, according to the Shari'a 
and local tradition of blood compensation, anyone found guilty of the 
death of a woman only must pay half the amount that would be payable to 
the aggrieved family if the victim were male.
    Women's groups in Mogadishu, Hargeisa (Somaliland), Bossaso 
(Puntland), and other towns actively promoted equal rights for women 
and advocated the inclusion of women in responsible government 
positions, and observers reported some improvement in the profile and 
political participation of women in the country.

    Children.--Authorities generally were not committed to children's 
rights and welfare. There was some progress on the child justice bill 
in the TFP; however, it was not passed at year's end.
    In the absence of a consistent central authority, births were not 
registered in Puntland or southern and central Somalia. Birth 
registration was taken seriously in Somaliland for hospital and home 
births; however, limited government capacity combined with the nomadic 
lifestyle of many persons caused numerous births to go unregistered.
    During the year numerous attacks on schoolchildren, teachers, and 
schools were reported across the country. TFG/ENDF forces, al-Shabaab 
and other antigovernment groups were all responsible for targeted 
attacks. On August 26, TFG security forces stormed the SYL Primary and 
Secondary School firing indiscriminately and injuring five students and 
two teachers. They purposely destroyed school property and stole money. 
The incident occurred after an unidentified gunman killed a TFG soldier 
near the school. On the same day, TFG forces entered Imam Shafi'i 
Primary School and fired shots at the students and teachers. There were 
no injuries. Al-Shabaab and armed militia associated with the former 
UIC attacked schools and killed teachers and education workers in the 
country.
    Less than 30 percent of the school-age population attended school, 
according to UNICEF. Because of insecurity, there has not been a school 
survey conducted in Mogadishu since 2006, but school enrollment rates 
were lower than in 2007. UNICEF reported that more than 60 percent of 
schools in Mogadishu were closed and the remaining schools operated 
with reduced enrollment and attendance as many parents withdrew their 
children because of security concerns. Since the collapse of the state 
in 1991, education services have been partially revived in various 
forms, including a traditional system of Koranic schools; public 
primary and secondary school systems financed by communities, foreign 
donors, and the administrations in Somaliland and Puntland; Islamic 
charity-run schools; and a number of privately run primary and 
secondary schools, universities, and vocational training institutes. 
Few children who entered primary school completed secondary school. 
Schools at all levels lacked textbooks, laboratory equipment, toilets, 
and running water. Teachers were poorly qualified and poorly paid; many 
relied entirely on community support for payment. The literacy rate was 
estimated at 25 percent. There was a continued influx of foreign 
teachers to teach in private Koranic schools and madrassas. These 
schools were inexpensive and provided basic education; however, there 
were reports that they required the veiling of small girls and other 
conservative Islamic practices not traditionally found in the local 
culture.
    Child abuse was a serious problem, although no statistics on its 
prevalence were available. A 2003 UNICEF report noted that nearly a 
third of all displaced children reported rape as a problem within their 
families, as did 17 percent of children in the general population. 
During the year child abuse and rape remained a problem.
    Children remained among the chief victims of continuing societal 
violence. Child protection monitors verified that hundreds of children 
were killed or injured during the year as a direct result of conflict.
    Militia members raped children during the conflict and departure of 
civilians from Mogadishu.
    The practice of FGM was widespread throughout the country. There 
were estimates that as many as 98 percent of women had undergone FGM; 
the majority were subjected to infibulation, the most severe form of 
FGM. In Somaliland FGM is illegal; however, the law was not enforced. 
Puntland also has legislation prohibiting FGM, but the law was not 
effectively enforced. UN agencies and NGOs made intensive efforts to 
educate the population about the dangers of FGM, but there were no 
reliable statistics to measure the success of their programs.
    All parties to the conflict recruited and used child soldiers (See 
Section 1.g.).
    In its March report, the UNIE noted with concern the continued 
practice of ``asi walid,'' a custom whereby parents placed their 
children in prison for disciplinary purposes and without any legal 
procedure. Many of these juveniles were incarcerated with adults.
    A UNICEF monitoring trip at the beginning of the year revealed that 
many children were imprisoned in Somaliland, most without passing 
through the court system, usually for disobedience to parents or for 
petty crimes. UNICEF and the UNDP started a project to provide the 
children with legal assistance and have as many as possible released.
    Child prostitution was practiced; however, because it was 
culturally proscribed and not reported, no statistics were available on 
its prevalence.

    Trafficking in Persons.--The TFC does not explicitly prohibit 
trafficking. In February, Puntland authorities announced that persons 
who were caught engaging in alien smuggling would be punished by death. 
On April 5 in the Maydh District of the Sanaag Region seven human 
traffickers were captured near the coast in the Maydh District. There 
are no laws against slavery or forced or involuntary prostitution. 
Information regarding trafficking in the country's territory was 
extremely difficult to obtain or verify; however, the Somali territory 
was known to be a source, transit, and possibly destination country for 
trafficked women and children, and there were reports of trafficking 
during the year. Human smuggling was widespread, and there was evidence 
that traffickers utilized the same networks and methods as those used 
by smugglers. Dubious employment agencies were involved with or served 
as fronts for traffickers, especially to target individuals destined 
for the Gulf States. Somali women were trafficked to destinations in 
the Middle East, including Iraq, Lebanon, and Syria, as well as to 
South Africa, for domestic labor and commercial sexual exploitation. 
Somali men were trafficked into labor exploitation as herdsmen and 
menial workers in the Gulf States. Somali children were reportedly 
trafficked to Djibouti, Malawi, and Tanzania for commercial sexual 
exploitation and exploitative child labor. Ethiopian women were 
believed to be trafficked to and through the country to the Middle East 
for forced labor or sexual exploitation. Small numbers of Cambodian men 
were trafficked to work on long-range fishing boats operating off the 
coast of Somalia. Armed militias reportedly also trafficked women and 
children for forced labor or sexual exploitation, and some of those 
victims also may have been trafficked to the Middle East and Europe. 
Trafficking networks were reported to be involved in transporting child 
victims to South Africa for sexual exploitation.
    Puntland was noted by human rights organizations as an entry point 
for trafficking. The UNIE reported that trafficking in persons remained 
rampant and that the lack of an effective authority to police the 
country's long coastline contributed to trafficking. Various forms of 
trafficking are prohibited under some interpretations of Shari'a and 
customary law, but there was no unified policing in the country to 
interdict these practices, nor was there an effective justice system 
for the prosecution of traffickers.
    Because of an inability to provide care for all family members, 
some Somalis willingly surrender custody of their children to persons 
with whom they share family relations and clan linkages. Some of these 
children may become victims of forced labor or commercial sexual 
exploitation. At various times, political authorities in the regional 
administrations of Somaliland and Puntland expressed a commitment to 
address trafficking, but corruption and lack of resources prevented the 
development of effective policies and programs. Some officials in these 
administrations were known to facilitate or condone human trafficking. 
No resources were devoted to trafficking prevention or to victim 
protection. There were no reports of trafficking-related arrests or 
prosecutions. Somaliland and Puntland officials were not trained to 
identify or assist trafficking victims. NGOs worked with IDPs, some of 
whom may have been trafficking victims.

    Persons With Disabilities.--The TFC, the Somaliland constitution, 
and the Puntland Charter all prohibit against discrimination.
    The TFC states that the state will be responsible for the welfare 
of persons with disabilities, along with orphans, widows, heroes who 
contributed and fought in defense of the country, and the elderly.
    The constitution indicates that the Somaliland state is be 
responsible for the health, care, development and education of the 
mother, the child, the disabled who have no one to care for them, and 
the mentally handicapped persons who are not able and have no one to 
care for them.
    The Puntland Charter safeguards and advocates for the rights of the 
orphans, disabled persons and whoever needs the protection of the law.
    In the absence of functioning governance institutions, the needs of 
most persons with disabilities were not addressed. Several local NGOs 
in Somaliland provided services for persons with disabilities. 
Associations of persons with disabilities reported numerous cases of 
discrimination to the UNIE.
    There was widespread abuse of persons with mental illness. Without 
a public health infrastructure, there were no specialized institutions 
in the country to provide care or education to the mentally ill. It was 
common for such persons to be chained to a tree or within their homes.

    National/Racial/Ethnic Minorities.--More than 85 percent of the 
population shared a common ethnic heritage, religion, and nomad-
influenced culture. However, the UNIE estimated that minority groups 
constitute approximately 22 percent of the population. 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 minority groups and mainstream clans was 
restricted. Minority groups had no armed militias and continued to be 
disproportionately subject to killings, torture, rape, kidnapping for 
ransom, and looting of land and property with impunity by faction 
militias and majority clan members. Many minority communities continued 
to live in deep poverty and to suffer from numerous forms of 
discrimination and exclusion.
    In Galkayo on September 16, militiamen from the Omar Mohammud 
subclan shot and killed a taxi driver in Galkayo. The driver was from 
the minority Marehan clan, and most residents reported that the killing 
was clan-linked.

    Other Societal Abuses and Discrimination.--Sexual orientation is 
considered a taboo topic and there is no public discussion of this 
issue in any region in Somalia. There were no reports of societal 
violence or discrimination based on sexual orientation.
    Persons with HIV/AIDS continued to face discrimination and abuse in 
their local communities, and by employers in all parts of the country. 
UNICEF reported that persons with HIV/AIDS were subjected to physical 
abuse, rejected by their families, and subjected to workplace 
discrimination and dismissal. Children whose parent(s) were HIV-
positive also suffered discrimination, which hindered prevention 
efforts and access to services.
Section 6. Worker Rights
    a. The Right of Association.--The 1960 constitution allows workers 
to form and join unions, and the TFG respected this right; however, due 
to the civil war and clan fighting, the only partially functioning 
labor union in the country was the journalist association NUSOJ. Other 
unions exist in name, but had no activities during the year. The 
Puntland Charter and the Somaliland constitution also protect workers' 
freedom of association. However, labor laws were not enforced in the 
country, resulting in an absence of effective protection for workers' 
rights.
    The Somaliland Trade Union Organization (SOLTUO), formed in 2004, 
claimed to have 26,000 members representing 21 individual unions. 
SOLTUO claimed to be democratic and independent, but there were no 
activities undertaken by the SOLTUO during the year.
    The TFC allows unions to conduct their activities without 
interference and grants workers the right to strike.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by laws in Somalia, Somaliland, and Puntland, 
but they are generally not enforced.
    Wages and work conditions in the traditional culture were 
established largely on the basis of ad hoc arrangements based on 
supply, demand, and the influence of the worker's clan. There are no 
export processing zones.
    The TFC allows unions to conduct their activities without 
interference and grants workers the right to strike. There are no 
export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The pre-1991 Penal 
Code and the TFC prohibit forced or compulsory labor, including by 
children; however, there were reports that such practices occurred. It 
could not be confirmed whether, as had been reported in 2005, local 
clan militias or other armed militia forced members of minority groups 
to work on banana plantations without compensation. It also could not 
be confirmed if in Middle and Lower Juba, and Lower Shabelle Bantus 
were used as forced labor, as in previous years.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
pre-1991 labor code and the TFC prohibit child labor; however, child 
labor was widespread.
    The recruiting and use of child soldiers was a problem (See Section 
1.g.). Young persons commonly were employed in herding, agriculture, 
and household labor from an early age. Children broke rocks into gravel 
and worked as vendors of cigarettes and khat on the streets. UNICEF 
estimated that from 1999 to 2005, 36 percent of children between the 
ages of five and 14 were in the workforce-31 percent of males and 41 
percent of females. The actual percentage of working children was 
believed to be higher. The lack of educational opportunities and 
severely depressed economic conditions contributed to the prevalence of 
child labor.
    In Somalia the Ministries of Labor and Social Affairs and Gender 
and Family Affairs were responsible for enforcing child labor laws. In 
Somaliland it was the Ministry of Family and Social Development and in 
Puntland it was the Ministry of Labor, Youth and Sports. In practice 
none of these ministries enforced these laws.

    e. Acceptable Conditions of Work.--Although the TFC and the 
Somaliland constitution both include provisions for acceptable working 
conditions, there was no organized effort by any of the factions or de 
facto regional administrations to monitor acceptable conditions of work 
during the year. There is no national minimum wage. There was no 
information on the existence or status or foreign of migrant workers in 
Somalia. With an estimated 43 percent of the population earning less 
than 40,000 Somali shillings (less than $1) per day, there was no 
mechanism to attain a decent standard of living for workers and their 
families. During the year high inflation, continued insecurity, and 
other factors significantly decreased the standard of living in all 
areas of the country. By year's end 3.5 million Somalis required 
emergency humanitarian assistance.

                               __________

                              SOUTH AFRICA

    South Africa is a multiparty parliamentary democracy in which 
constitutional power is shared between the president and the 
parliament. The country has a population of approximately 48.5 million. 
On September 21, Thabo Mbeki resigned as president following his recall 
by the ruling African National Congress (ANC) and was replaced by 
deputy ANC president Kgalema Motlanthe on September 25. Motlanthe will 
serve until mid-2009 when parliamentary elections are expected to be 
held and followed by the parliamentary election of a new president. In 
December 2007 Jacob Zuma was elected president of the ANC. Also in 
2007, following so-called floor-crossing periods during which 
legislators can switch parties while retaining their seats, the ANC 
increased its representation from 279 to 297 out of 400 seats. The most 
recent national election in 2004 was generally free and fair. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens. However, the Government, nongovernmental organizations 
(NGOs), and local media reported the following serious human rights 
problems: police use of excessive force against suspects and detainees, 
which resulted in deaths and injuries; vigilante and mob violence; 
abuse of prisoners, including beatings and rape, and severe 
overcrowding of prisons; lengthy delays in trials and prolonged 
pretrial detention; forcible dispersal of demonstrations; pervasive 
violence against women and children and societal discrimination against 
women and persons with disabilities; trafficking in persons; violence 
resulting from racial and ethnic tensions and conflicts with 
foreigners; and child labor, including forced child labor and child 
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 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. Police efforts to control vigilante violence 
also resulted in deaths. In some cases, the Government investigated and 
punished the perpetrators.
    According to the Governmental Independent Complaints Directorate 
(ICD), there were 792 deaths in police custody or as a result of police 
action from April 2007 to March 31, 2008; a 13-percent increase from 
the previous year. Authorities attributed 38 percent of these deaths to 
natural causes, suicide, or injuries sustained prior to detention.
    The ICD reported that shootings accounted for 44 percent of deaths 
in police custody or as a result of police action, with the majority of 
shootings occurring during official police operations. However, 
negligence was cited in six deaths, and domestic violence and off-duty 
shootings in 60 deaths. The ICD report also expressed concern that 
three innocent bystanders were killed in crossfire between the police 
and criminals, and that 70 civilians were killed due to being hit by 
police vehicles.
    There were no confirmed reports of deaths from political conflict 
among parties, although the Inkatha Freedom Party (IFP) alleged the ANC 
was responsible for the killings of two IFP supporters in August. 
Police did not find evidence of political motivation behind the 
killings.
    In 2007 police arrested three persons in connection with the 2006 
killings of Estcourt deputy mayor Dolly Dladla and councilor Music 
Mchunu, both IFP members. There was no further information available by 
year's end.
    Incidents of vigilante violence and mob killing continued, 
particularly in Gauteng, the Western Cape, Mpumalanga, and KwaZulu 
Natal (KZN) in the rural areas and townships. For example, in March in 
Mpumalanga, a mob stoned a man to death after he was seen burgling a 
house. Community members reportedly refused to cooperate with the 
police, who made no arrests. In June vigilantes stoned a man suspected 
of stabbing another man in KZN. The South African Police Service (SAPS) 
opened an investigation but reported that townspeople were reluctant to 
cooperate, and no suspects were arrested. The investigation was ongoing 
at year's end.
    In May xenophobic attacks on foreign African migrants and ethnic 
minorities by South African civilians escalated, resulting in 62 deaths 
and the displacement of 80,000 persons.
    Killings and other violent crimes against white farmers and, on 
occasion, their families, continued in rural areas. Despite concern 
among the farmers that they were targeted for racial and political 
reasons, studies indicated that the perpetrators generally were common 
criminals motivated by financial gain. Unlike in previous years, SAPS 
incorporated farm attacks and killings into overall statistics of 
violence and homicide, rather than reporting them separately. The 
Freedom Front Plus, an Afrikaner minority political party, and farmers' 
unions criticized what they viewed as an inadequate government response 
to the scale and brutality of farm attacks.
    There were reports that persons accused of witchcraft were attacked 
and driven from their villages in rural communities, and in some cases 
murdered, particularly in Limpopo, Mpumalanga, KwaZulu Natal, and the 
Eastern Cape, where suspicion of witchcraft activity could lead to 
accusation, assault, forced exile, and killings, particularly of 
elderly women. Traditional leaders generally cooperated with government 
educational programs and reported threats against persons suspected of 
witchcraft. On September 4, two brothers in the Eastern Cape admitted 
to killing their younger brother, whom they suspected of practicing 
witchcraft. The court case was postponed until February 2009. In April 
2007 a mob in Lusikisiki in the Eastern Cape killed three family 
members accused of witchcraft. Six persons were arrested. The 
investigation was ongoing at year's end.
    Ritual killings (Muti killings), especially of children, to obtain 
body parts for traditional healing remained a problem. Unlike in 
previous years, SAPS incorporated occult-related cases into its 
standard crime reporting of killings and assaults and specific muti 
statistics were unavailable. On November 4, a 41-year-old man in the 
Eastern Cape survived an attack in which an assailant cut off his nose 
and genitalia. SAPS believed the attacker was a serial killer, who used 
body parts for muti purposes, and may have been responsible for 
multiple muti killings. A police investigation was ongoing at year's 
end.
    In March 2007 eight gang members and a 63 year old traditional 
healer (sangoma), who allegedly bought body parts from them, were 
arrested in Umbumbulu for the alleged muti related killings and 
mutilations of nine women from KZN in February 2007. Charges were 
dropped against seven of the accused, including the sangoma; the 
remaining two were charged with murder. On October 9, the two were 
found guilty of assault with intent to do grievous bodily harm. One was 
sentenced to five years in prison, while the other received a four-year 
sentence, of which two years were suspended. The judge found 
insufficient evidence to convict them of murder, and medical testimony 
did not support the muti allegations.
    In August 2007 the South African military court found Air Force 
Sergeant Philippus Jacobus Venter guilty of raping and murdering a 14 
year old girl while serving as a peacekeeper in Burundi in 2004. He 
also was found guilty of assaulting a Burundian security guard. Venter 
was sentenced to 24 years' imprisonment. On October 8, Venter appealed 
the military court's ruling, claiming his constitutional right to a 
fair trail was breached, as the arresting military police officer 
failed to follow proper procedure. The judge reserved judgment on 
Venter's appeal; the case was pending at year's end.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
some police officers reportedly tortured, beat, raped, and otherwise 
abused suspects. Police torture and physical abuse allegedly occurred 
during interrogation, arrest, detention, and searches of persons' 
homes. The ICD reported that 24 complaints of rape and 20 complaints of 
torture were filed against police officers during its 2007-08 reporting 
period. The ICD report did not indicate the disposition of these 
complaints.
    On October 14, 10 police officers from the Vosloorus Tracing Unit 
allegedly tortured two brothers suspected of theft. On November 22, a 
17-year-old alleged he was beaten and tortured by six police officers 
from the Diepkloof Police Station. On November 23, Tefo Kgame collapsed 
and died of unnatural causes after police allegedly beat him at the 
same station. Relatives filed murder charges, but the implicated 
officers were not suspended from duty. An ICD investigation was ongoing 
at year's end.
    Incidents of police harassment of foreigners continued, 
particularly during coordinated police raids in areas where foreign 
nationals resided. Some state hospitals reportedly refused emergency 
treatment on a routine basis to indigent foreigners, despite 
regulations requiring that hospitals provide such treatment.
    Asylum seekers claimed that government-contracted security forces 
outside immigration facilities used excessive force. On September 30 
and October 22, security forces forcibly dispersed asylum seekers 
outside the Nyanga Refugee Reception Centre in Cape Town. The media 
reported that police fired rubber bullets and that contracted security 
employees whipped asylum seekers. The Department of Home Affairs (DHA) 
stated it would investigate and punish the perpetrators; no action had 
been taken by year's end.
    Injuries resulted from vigilante and mob action against suspected 
criminals, in addition to acts of violence against persons suspected of 
being witches.

    Prison and Detention Center Conditions.--The majority of the 237 
operational prisons did not meet international standards, and prison 
conditions did not always meet the country's minimum legal 
requirements. According to the latest Judicial Inspectorate of Prisons 
(JIP) report for the period from April 2007, through March 31, 2008, 
there were 165,987 prisoners in facilities designed to hold 114,559. Of 
these, 6,615 inmates were foreign nationals, primarily from Zimbabwe 
and Mozambique. Due to severe overcrowding, many prisoners had less 
than 13 square feet in which to eat, sleep, and spend 23 hours a day. 
The unmet norm applied to prisons for floor space per prisoner is 
approximately 36 square feet for communal space and 60 for single 
cells. According to the JIP report, there were 1,136 prison deaths in 
2007-08, 1,056 of them from natural causes, including HIV/AIDS; the 
remaining 80 deaths were the result of suicides, assaults, or 
accidents.
    A 2008 Department of Correctional Services (DCS) study on HIV/AIDS 
indicated 19.8 percent of sentenced prisoners between the ages of 15 
and 49 were HIV-positive. However, NGOs working on HIV/AIDS in prisons 
believed that the percentage of HIV-positive prisoners was higher than 
that of the general population's 25 percent. The DCS had 16 centers 
dispensing antiretroviral (ARV) therapy to approximately 3,500 
sentenced prisoners during the year.
    According to the 2007-08 JIP report, there were 1,498 complaints of 
assault by inmates on inmates and 1,004 complaints of assault by staff 
on inmates. There were several reports of physical and sexual abuse by 
both prison officials and prisoners. Some detainees awaiting trial 
reportedly contracted HIV/AIDS through rape.
    Corruption remained a problem within prisons, although in most 
cases correctional services officials were either suspended or fired 
following an investigation. According to the JIP report, there were 392 
complaints of corruption during the annual reporting period. In 
November 2007 President Mbeki ordered the Special Investigating Unit 
(SIU) to look into allegations of tender abuse in the DCS. On May 20, 
SIU briefed the Parliamentary Portfolio Committee on Correctional 
Services. Investigations, which remain ongoing, had raised procedural 
concerns, identified irregularities in 23 contracts, and recommended 
433 officials for discipline. On August 20, the DCS national 
commissioner launched an investigation into allegations of malfeasance 
in tendering for contracts in which funds were allegedly awarded 
unlawfully to a catering company.
    There were allegations of corruption and abuse of detainees by 
officials at the overcrowded Lindela Repatriation Center, the country's 
largest detention facility for undocumented immigrants. Officers from 
Lindela were among those convicted by the DCS of corruption or abuse. 
Following the recommendations made by the presidentially mandated Jali 
Commission in 2006, DHA assigned more staff to redress the shortfall at 
the Lindela center, and new legislation shortened the deportation 
process to less than a month, significantly reducing strain on center 
operations.
    Although the Government operated 13 youth detention facilities, the 
JIP reported that 1,692 children under the age of 18 were held with 
adults because they needed to be close to the courts; 867 of them had 
not been sentenced at the end of the reporting period. There were 
credible reports that these youths were vulnerable to sexual 
exploitation, including rape.
    Pretrial detainees generally were held with convicted prisoners. 
The Government permitted independent monitoring of prison conditions, 
including visits by human rights organizations to 83 percent of 
facilities. In total the JIP received and recorded 158,362 complaints 
from prisoners.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions; however, prolonged pretrial detention was 
a problem, and police arbitrarily arrested demonstrators.

    Role of the Police and Security Apparatus.--The SAPS, under the 
Department of Safety and Security, has primary responsibility for 
internal security. The South African National Defense Force (SANDF), 
under the Department of Defense, is responsible for external security 
but also has domestic security responsibilities. During the year the 
president ordered elements of the SANDF to be deployed into townships 
to assist the SAPS after xenophobic violence broke out in May. Major 
cities, including Johannesburg, Durban, Pretoria, and Cape Town, also 
maintained metropolitan police forces under local control.
    The NPA's Directorate of Special Operations (DSO), known as ``the 
Scorpions,'' was used to coordinate efforts against organized crime and 
official corruption. The DSO was in the process of being disbanded 
under an initiative launched by the ANC. Legislation to amalgamate the 
DSO with the SAPS was passed by parliament in October. The political 
opposition and general public criticized the legislation, charging that 
the disbandment was retaliation for DSO investigations of high-ranking 
ANC officials, including party president Jacob Zuma.
    During the year the ICD received 2,101 allegations of criminal 
offenses committed by police, a 3-percent increase over the previous 
year, and 2,770 complaints of police misconduct, a 3-percent decline 
from the previous year.
    To address problems of crime and misconduct, SAPS provided its 
officers with comprehensive training in corruption prevention, human 
rights, and ethics, and with access to social workers, psychologists, 
and chaplains to enhance psychological well-being. The ICD investigated 
reports of police misconduct and crime; during the reporting period, 
nine officers were found guilty of murder and sentenced to 
imprisonment, while eight officers were found guilty of culpable 
homicide and sentenced to imprisonment, suspended sentences, and/or 
fines.
    Following a presidentially mandated review of the criminal justice 
system in August, Deputy Justice Minister Johnny de Lange announced the 
need for major reforms. De Lange commissioned 10 task groups to 
recommend reform strategies. Their work was ongoing at year's end. SAPS 
continued efforts to professionalize; however, it remained ill 
equipped, overworked, underpaid, and poorly trained. Although SAPS made 
efforts to improve coverage in rural and township areas, the majority 
of law enforcement activities remained focused on wealthy residential 
and business areas.

    Arrest and Detention.--The law requires arrest warrants based on 
sufficient evidence and issued by a magistrate or judge and provides 
that all detainees be informed promptly of the reasons for their 
detention, and of their right to remain silent and the consequences of 
waiving that right. Detainees must be charged within 48 hours of 
arrest, held in conditions respecting human dignity, allowed to consult 
with legal counsel at every stage of their detention, and permitted to 
communicate with relatives, medical practitioners, and religious 
counselors. Courts and police generally respected these rights. 
Detainees must be released (with or without bail) unless the interests 
of justice require otherwise; however, bail for pretrial detainees 
often exceeded what suspects could pay. According to the annual JIP 
report, 11,941 prisoners remained in detention as of March 31 because 
they were unable to post bail. Some schoolchildren spent more than a 
year in detention because their families could not post bail.
    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.
    Lengthy pretrial detention was a problem. According to the JIP 
annual report, detainees waited an average of three months, but some as 
long as two years, before a trial. The report found that 48,729 
prisoners were awaiting trial as of March 31, an increase from 45,079 
prisoners from the previous year.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary and the Government generally respected 
judicial independence in practice. However, the judiciary was 
understaffed and underfunded, and there were reports that legal 
documents used in trials were lost. In April files pertaining to the 
case of suspended Ekurhuleni police chief Robert McBride disappeared.

    Trial Procedures.--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 resul.''; 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 
remained problems.
    There is a legal presumption of innocence for criminal defendants. 
Judges and magistrates hear criminal cases and determine guilt or 
innocence. In lieu of juries, the law requires that a panel of lay 
assessors and 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 adjudicating bail 
applications and sentences. Defendants have the right to be present in 
court and can question witnesses in court and present their own 
witnesses and evidence. Defendants have access to government evidence 
before going to court. During the year the Government operated 57 
justice centers that provided legal assistance to the poor in order to 
speed the administration of justice, reduce the court rolls, and 
alleviate overcrowding in prisons. However, serious delays continued to 
be a problem.

    Political Prisoners and Detainees.--Since 2005 IFP has maintained 
there were 384 IFP members in prison for political reasons. In January 
the IFP petitioned both the president and the justice minister for 
their release. In February the IFP took the matter to the High Court, 
where the judge ordered the justice minister to consider all 384 
applications for presidential pardons within three months. In April the 
IFP sent a letter to the NGO Amnesty International (AI) complaining 
that both President Mbeki and Justice Minister Mabandla had ignored the 
matter. There were no further developments by year's end.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. There is access to the courts 
to bring lawsuits seeking damages for, or cessation of, a human rights 
violation.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions. 
However, there were allegations of police abuse during sweeps and home 
searches and criticisms of police and judicial procedures, including 
that warrants were issued despite minimal evidence.
    The law authorizes state monitoring of telecommunications systems, 
including cellular telephones, the Internet, and e mail, for criminal 
investigations. However, opposition parties and many civil society 
groups opposed the law, and the provisions were not implemented by 
year's end.
    The Promotion of Access to Information Act is intended to assist 
authorities in obtaining personal information in connection with 
criminal investigations; however, opposition parties and human rights 
NGOs objected to its broadly defined provision that enables the 
Government to access an individual's personal information.
    Farm owners continued to evict workers legally and illegally. The 
law requires that evictions be approved by a court; however, less than 
1 percent of evictions involved a legal process, according to the Nkuzi 
Development Association, a domestic NGO. Nkuzi's extensive national 
eviction survey indicated that farm workers were generally unaware of 
their right to legal counsel during eviction proceedings. In Limpopo, 
where several hundred evictions took place, the NGO had only two 
attorneys and at times lacked funds for litigation.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights. Individuals criticized the Government both 
publicly and privately without reprisal. However, several apartheid era 
laws that remained in force posed a potential threat to media 
independence.
    The independent media expressed a wide variety of views, although 
some journalists expressed concern that the Government heavily 
influenced and tried to control the media. In November 2007 former ANC 
presidential candidate Tokyo Sexwale launched a successful bid for a 30 
percent stake in Johncom Media, which owns the Sunday Times, the 
Sowetan, and part of Business Day. In November 2007 Koni Media Holdings 
failed in its bid to buy a controlling stake in Johncom. Koni is owned 
by foreign affairs spokesperson Ronnie Mamoepa, presidential adviser 
Titus Mafolo, and former protocol chief Billy Modise, close confidantes 
of former president Mbeki.
    According to the South African Advertising Research Foundation, 
print media reached 46.4 percent of the population. Nevertheless, the 
majority received news through radio broadcasts from the Government 
owned South African Broadcasting Corporation (SABC) and community radio 
stations.
    The SABC broadcast in the country's 11 official languages and owned 
and controlled the majority of television and radio outlets. The SABC 
signal reached 92 percent of the population, with a viewership share of 
66 percent over the age of 16. SABC estimated that 75 percent of its 
audience was black, 12 percent white, 10 percent colored, and 3 percent 
Indian.
    The SABC provided news coverage of the Government and the leading 
opposition parties. In December 2007 President Mbeki appointed new 
members to the SABC board. Supporters of Mbeki's rival, Jacob Zuma, 
accused the new board of being biased towards Mbeki. The following 
months saw conflict between the SABC board and Zuma allies on the 
Parliamentary Portfolio Committee on Communications. On April 30, the 
committee, led by ANC members and over the objections of opposition 
parties, passed a vote of no confidence in the SABC board. On November 
13, parliament passed the Broadcasting Amendment Bill, allowing the 
president to replace any member of the board.
    Low power, nonprofit community radio stations continued to play an 
important role in informing the mostly rural public; however, they 
often had difficulty producing adequate content and maintaining staff. 
Government broadcast regulators regularly issued new community radio 
licenses and withdrew others for noncompliance with the terms of 
issuance.
    Privately owned E.tv was the second largest channel in the country 
with a terrestrial signal reaching 80.5 percent of the population. It 
was also the most-viewed English language channel with a viewership of 
38.4 percent over the age of 16. E.tv estimated that 70 percent of its 
audience was black, with the highest growth segment being viewers from 
the black middle class; 13 percent was white, 13 percent colored, and 4 
percent Indian.
    High ranking government and political officials on occasion reacted 
sharply to media criticism and accused black journalists of disloyalty 
and white journalists of racism. Some journalists believed that the 
Government's sensitivity to criticism caused self censorship in the 
media.
    On April 23, the SABC publicly defended itself against claims it 
favored the ANC. On November 3, the opposition party United Democratic 
Movement filed a complaint with the Independent Communications 
Authority of South Africa, accusing the SABC of granting scant airtime 
to smaller parties and of cutting a November 2 scheduled interview with 
five opposition parties in favor of live coverage of an ANC rally. The 
ANC later filed a complaint with ICASA accusing SABC of favoring a new 
party that was critical of the ANC.
    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. There were no reports 
that these laws were invoked during the year; however, journalists and 
media managers considered them a threat to constitutional protections.
    The Foreign Publication Board reviewed 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. 
Journalists, media houses, and industry associations continued to 
criticize efforts to extend the board's authority to newspapers and 
broadcast media.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in peaceful 
expression of views via the Internet, including by e-mail. A private 
technology industry survey published in December estimated there were 
4.5 million Internet users in the country, representing approximately 9 
percent of the population. The study reported an increase in access of 
12.5 percent since 2007, attributed largely to small businesses.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, police forcibly dispersed several demonstrations during the 
year, which resulted in injuries.
    Several protests over poor delivery of basic services took place 
across the country, including violent demonstrations in Western Cape, 
Gauteng, and North West provinces. Police used batons and rubber 
bullets to control the demonstrations; several injuries were reported. 
For example, from January 28 to 31, police in Cape Town used plastic-
coated steel bullets and stun grenades to disperse 900 members of the 
South African Municipal Workers' Union, which was protesting the city's 
proposed labor restructuring.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.

    Societal Abuses and Discrimination.--There were occasional reports 
of desecration and vandalism or verbal or written harassment directed 
against religious minorities during the year.
    The Jewish community was estimated at 75,000 to 80,000, although it 
was contracting due to the emigration of young professionals seeking 
economic opportunities. According to the Jewish Board of Deputies, 
there were 59 anti-Semitic incidents recorded in 2007, down from a 
record 82 the previous year. Most of these were verbal assaults, often 
made by occupants of cars passing near synagogues. There were cases of 
hate mail and offensive anti-Jewish literature and an incident of 
offensive graffiti in a Jewish book at a school event. Two Johannesburg 
kosher butcheries received telephone threats of an anti-Israel boycott.
    In April the Palestine Solidarity Committee on the campus of the 
University of the Witwatersrand in Johannesburg launched an anti-Israel 
campaign. Within 24 hours of the launch, swastikas were spray-painted 
on school property and anti-Semitic slogans appeared around campus. 
Jewish students concerned for their safety removed their yarmulkes. 
University administrators forced the committee to halt the campaign in 
response to complaints.
    On September 14, during Ramadan, unknown assailants broke into a 
mosque in Potchefstroom, smeared the prayer room with blood and left 
two pig heads behind. Faith groups, including the Council of Muslim 
Theologians and the Bishop Desmond Tutu Diversity Trust, condemned the 
desecration. Police launched an investigation; it was ongoing at year's 
end.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government's policy prohibited encampment of foreign 
asylum seekers and refugees in favor of free movement and integration 
of documented migrants into local communities, with guarantees for the 
right to work and access to social services. While this generally 
offered greater liberty to foreigners, many NGOs criticized government 
protection of foreigners as inadequate during the year.
    The law does not prohibit forced exile; however, the Government did 
not use it.

    Internally Displaced Persons (IDPs).--In mid-May xenophobic attacks 
against foreign African migrants and ethnic minorities by South African 
civilians in townships in Johannesburg escalated into a national wave 
of violence in which 62 people were killed in Western Cape, Gauteng, 
and KZN provinces. Of these, 21 were South African citizens, 11 were 
Mozambican, five were Zimbabwean, and three were Somali. The remaining 
22 bodies were not identifiable. Fifty-three of the killings took place 
in Gauteng Province. An estimated 670 persons were seriously injured 
nationwide. On May 22, SANDF deployed in conjunction with SAPS to areas 
where violence had occurred.
    The perpetrators blamed the immigrants for job and housing losses 
and increasing levels of crime. Most attacks were perpetrated by small 
mobs adopting vigilante tactics, in some cases under the influence of 
alcohol. Some victims were beaten to death, others were stabbed, and 
their shacks were looted and burned. In one incident on June 14, 
Mozambican Ernesto Alfabeto Nhamuave was beaten and then burned to 
death by vigilantes incited to violence by a local pastor.
    According to the Department of Justice, an estimated 1,300 citizens 
were arrested on xenophobia-related charges in the weeks following the 
attacks. In total 1,446 criminal charges were brought against 421 
persons in seven of the nine provinces. Of these, 82 suspects were 
exonerated by year's end. Only in Western Cape were special courts 
created to address the cases.
    The estimated 80,000 migrants who were displaced by the violence 
fled to 72 temporary shelters set up by NGOs and the Government in the 
wake of the attacks. Humanitarian organizations raised concerns that 
government efforts did not adequately meet the UN Guiding Principles on 
Internal Displacement, which require states to provide food, water, 
shelter, medical care, and security to displaced persons. The 
organizations cited a lack of consultation and information-sharing with 
the displaced, separation of women from their children, hostility from 
local residents living near the relocation sites, inadequate water, and 
sanitation and security as serious problems.
    Populations at the shelter sites gradually decreased, as some IDPs 
returned to their countries of origin (mainly Mozambique, Malawi, and 
Zimbabwe), while others returned to their former homes or sought safer 
accommodation in new locations.
    On July 31, the Gauteng provincial government announced it would 
begin closing its temporary shelters by August 15, and the Western Cape 
followed suit. The closures drew criticism from the UN and assistance 
organizations, which voiced concern that government efforts to 
encourage host communities to accept foreigners were inadequate. The 
provinces argued that migrants were safe to return to the townships. 
However, following the killings of at least five resettled foreigners 
in early August, reports that IDPs feared for their lives if they 
returned to their host communities, and pressure from UNHCR and NGOs, 
the provinces extended their closure deadlines.
    On September 19, the Constitutional Court ruled that all temporary 
shelters were to remain open until a full hearing could be held on 
November 20. However, the provinces began closing the sites before the 
hearing was held. For example, on September 23, an estimated 800 
foreign migrants were left without formal shelter after workers 
contracted by the provincial government in Gauteng removed the army 
tents at Camp Akasia. On September 30, despite increasing criticism 
from Office of the UN High Commissioner for Refugees (UNHCR) and NGOs, 
Gauteng demolished three more camps at Glenanda, Boksburg, and Rand 
Airport. UNHCR officers provided small stipends of 500 rand ($54) or 
1,200 rand ($129) for reintegration.
    Citing the constitutional court's ruling requiring the care of 
asylum seekers and refugees, but not illegal aliens, provincial 
governments held summary reviews of hundreds of camp residents. Most 
were deemed not to have valid asylum claims and were thus subject to 
deportation. All Gauteng sites were officially closed by October 1, 
while the last shelter in Western Cape closed at the end of November. 
However, a number of foreigners refused to leave, claiming they feared 
reprisal if they returned to their host townships. At year's end, small 
groups of foreign migrants remained at two of the camps despite the 
lack of piped water, sanitation, or regular food deliveries.
    Violence continued against Somalis during the year. On October 3, 
in Eastern Cape Province, Somali Sahra Omar Fara was stabbed and 
bludgeoned to death along with her two teenage sons and 12-year-old 
daughter. Also in October, three other Somali shopkeepers were killed. 
On October 7, UN High Commissioner for Human Rights Navi Pillay and AI 
condemned the killings and called on the Government to do more to stop 
the xenophobic violence.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and 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 in the 1969 
Organization of African Unity's Convention Governing the Specific 
Aspects of Refugee Problems in Africa.
    In practice, the Government generally provided protection against 
the expulsion or return of those recognized as refugees. However, 
refugee advocacy organizations charged that police and immigration 
officials abused refugees and asylum seekers and that they repatriated 
asylum seekers from throughout Africa immediately upon their arrival at 
airports without giving them the benefit of formal asylum processing. 
Daily deportations of undocumented Zimbabweans continued, even though 
some may have had a valid fear of persecution based on ongoing 
political violence in Zimbabwe. Applicants for asylum and NGOs 
assisting refugees also reported that immigration authorities sought 
bribes from those seeking permits to remain in the country. The DHA 
adopted anticorruption programs and imposed sanctions on officials or 
contracted security officers found to be accepting bribes.
    On some occasions there was concern about the expulsion or return 
of refugees to countries where their lives or freedom would be 
threatened. According to the NGO Lawyers for Human Rights (LHR), 750 
documented refugees were transported to Lindela repatriation center 
from the Rifle Range safety site for IDPs. LHR launched an urgent 
application in the Pretoria High Court to prevent the refugees from 
being deported. The 750, mainly Congolese, were released and squatted 
near a highway. A few days later, 208 men were arrested and detained. 
After charges against them were withdrawn, they were sent back to 
Lindela, despite having valid documents. Most of the group ultimately 
returned to their home countries.
    Due to the growing economic and political problems in neighboring 
Zimbabwe, the number of Zimbabweans seeking employment in the country 
continued to increase. While no official statistics were released, 
reports by independent organizations such as UNHCR asserted that as 
many as 20,000 Zimbabweans entered each month. In June the UNHCR and 
DHA reported an increase in Zimbabwean asylum applications to an 
estimated 40,000. DHA struggled to keep up with processing; however, in 
June DHA began an operational overhaul to enable same-day adjudication 
of asylum claims.
    Unlike in the previous year, there were no reported incidents of 
white farmers adopting vigilante tactics in an attempt to stem the flow 
of Zimbabwean migrants. Some white farmers were accused of hiring 
Zimbabweans at below-minimum wages at the expense of local workers.
    The Government cooperated to some degree with the UNHCR and other 
humanitarian organizations in assisting recognized refugees and asylum 
seekers. The Government also offered temporary protection to some 
individuals who may not have qualified as refugees under the 1951 
convention or the 1967 protocol. From April 2007 through March 2008, 
DHA, in collaboration with UNHCR, issued 1,117 UN Convention Travel 
Documents. DHA issued 8,322 refugee identity documents and considered 
58,584 asylum applications, of which 41,684 were rejected and 9,727 
were approved.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--The country held a largely 
peaceful national election in 2004; Mbeki was elected to a second five 
year term as president and head of state. The 2004 election was marred 
by a few incidents of political violence in KZN. The IFP registered 
complaints with the Independent Electoral Commission, including of 
excessive numbers of absentee ballots and incidents of political 
intimidation. The IPF challenged the election in KZN but later withdrew 
its court action and accepted the results. The ANC increased its 
parliamentary strength from 266 seats to 279 out of 400. Floor crossing 
by members initially elected as representatives of other parties 
increased the ANC's seats to 297 at the end of 2007. Three small 
parties lost their parliamentary representatives to other parties in 
2007, reducing the number of parties with parliamentary representation 
to 15.
    On September 21, Mbeki resigned the presidency following a 
September 20 statement by the ANC National Executive Committee 
recalling him. On September 23, Deputy President Phumzile Mlambo-Ngucka 
and a third of Mbeki's cabinet ministers and deputy ministers resigned 
in solidarity with Mbeki, although 18 ministers ultimately retained 
their positions. On September 25, parliament elected ANC Deputy 
President Kgalema Motlanthe as interim president until elections 
anticipated in 2009. Speaker of Parliament Baleka Mbete was named the 
new deputy president.
    Incidents of violence among rival factions of the ANC occurred. On 
June 12, at an ANC rally in the Western Cape, ANC Provincial Secretary 
Mcebisi Skwatsha was stabbed in the neck by another ANC member, who was 
arrested and charged with attempted murder. On August 25, the case was 
reassigned to a regional court and was ongoing at year's end.
    On June 16, ANC Youth League President Julius Malema's vow to kill 
for ANC president Jacob Zuma provoked widespread alarm and criticism 
from political circles and civil society groups. On July 13, following 
the ANC North West provincial conference, two ANC members were stabbed 
by five suspended ANC members who were barred from attending the 
provincial conference.
    Prior to the recall of President Mbeki and subsequent reshuffling 
of ministers, women held 11 of 28 ministerial positions, including the 
ministerial portfolios of health and foreign affairs, and nine of 21 
deputy ministerial positions. There were 135 women in the 400 seat 
National Assembly and 22 women among the 54 permanent members of the 
National Council of Provinces (NCOP). Women occupied three of four 
parliamentary presiding officer positions, including the speaker and 
deputy speaker of the National Assembly and deputy chair of the NCOP.
    Also prior to the recall, there were an estimated 142 members of 
minorities (non black citizens) in the National Assembly. There were 18 
minority members among the 54 permanent members of the NCOP. The 
cabinet included seven members of minority groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. Public officials were subject to 
financial disclosure laws, and the Government continued its efforts to 
curb corruption; however, corruption remained a problem. The public 
perception of widespread official corruption, particularly in the 
police and the DHA, continued despite government assurances that the 
issue was being addressed.
    The Government's anticorruption actions included ongoing 
investigations into the alleged misconduct of public officials. At 
least 10 agencies were engaged in anticorruption efforts. Some, like 
the Public Service Commission, the Office of the Public Prosecutor, and 
the Office of the Auditor General, are constitutionally mandated. SAPS 
had a unit dedicated to anticorruption activities.
    The SIU investigated corruption in government departments and 
identified civil servants alleged to have improperly received state 
housing subsidies. The Government took administrative action to recover 
these subsidies. The SIU investigated 31,000 public servants and 
prosecuted 3,800 for fraud. Of the remainder, 443 who admitted guilt 
were allowed to keep their jobs if they agreed to reimburse the stolen 
money.
    The Office of the Public Protector investigated government abuse 
and mismanagement and served as the office of last resort for citizens 
reporting unfair treatment by government entities. The office handled 
an increasing number of complaints but was hampered by severe resource 
constraints.
    There were no developments in the trial, postponed since 2006, of 
Bloemfontein's former mayor, Pappie Mokoena, municipal manager, chief 
operating officer, and nine other city officials on charges of 
corruption and fraud.
    The Government suspended prosecutions in ``Travelgate,'' the 2004 
controversy involving misuse of official funds by parliamentarians and 
their travel agents. In May the liquidators of Bathong Travel, the 
agency at the center of the scandal, announced that the parliamentary 
probe had been terminated. Opposition parties asked parliament to 
explain why all civil actions against members of parliament (MPs) were 
abandoned. Parliament responded that internal parliamentary proceedings 
against 11 implicated MPs were still ongoing. One of the MPs identified 
for prosecution, Mnyamezeli Booi, was recently appointed as the ANC's 
chief whip in the National Assembly.
    The National Prosecuting Authority (NPA) continued its 
investigation into corruption charges against ANC President Jacob Zuma. 
In December 2007 the NPA indicted Zuma on 16 counts of racketeering, 
corruption, money laundering, and fraud. In July Zuma lost his 
Constitutional Court appeal to have the warrants used by the DSO to 
search his properties ruled invalid. On September 12, Pietermaritzburg 
High Court Judge Chris Nicholson dismissed the corruption charges 
against Zuma, ruling that the Government had mishandled the case and 
that Zuma had been wrongly denied a chance to give his side of the 
story to investigators before being charged. In his ruling, Nicholson 
stated he was not convinced that Zuma ``was incorrect in averring 
political meddling in his prosecution,'' an inference that led the ANC 
to recall President Mbeki.
    In his resignation speech, Mbeki disputed Nicholson's 
characterization and denied using the NPA to undermine Zuma. On 
November 12, Mbeki lost an appeal against the Nicholson ruling to the 
Constitutional Court, but he planned to appeal to the Supreme Court.
    Separately, the NPA made two appeals to the Supreme Court. The 
first was regarding the Nicholson ruling. On November 28, the Supreme 
Court reserved judgment on this appeal until 2009. The NPA's second 
appeal to the Supreme Court, which opposed Mbeki's appeal, was also 
pending at year's end.
    The law provides for access to government information; however, the 
Government did not always comply with the law. If a government 
department refuses to provide information, the requester can launch an 
internal appeal. If this also fails, the requester may appeal a 
decision to the High Court, a lengthy process that excludes groups or 
individuals who cannot afford it. The Open Democracy Advice Center 
(ODAC) continued to report that many requests for information went 
unanswered or were answered outside the period provided for in the 
legislation. However, ODAC's 2007 annual report noted that many 
requests were unclear or poorly drafted, making a response difficult.
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 
information and developed policies related to human rights. 
International and domestic NGOs and UN agencies spoke out against 
xenophobic violence in the country during the year and criticized the 
Government's response.
    The South African Human Rights Commission (SAHRC), which was 
created by the Government but operated independently, 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. SAHRC enjoyed support from the Government without 
interference, and the Government reacted positively towards SAHRC 
reports. During the year the SAHRC issued reports on xenophobia, crime, 
refugees, human rights, and democracy.
    The SAHRC investigated several complaints during the year, 
including those prompted by ANC Youth League President Julius Malema's 
public oath at a Youth Day rally on June 16 that he would kill for ANC 
President Jacob Zuma. Malema ignored SAHRC's deadline for a public 
apology, but he agreed not to use the term ``kill.'' Congress of South 
African Trade Unions Secretary General Zwelinthini Vavi was similarly 
investigated for incendiary remarks at a funeral on June 21. Although 
Vavi did not apologize, he did meet with the SAHRC and agreed not to 
use the phrase ``shoot to kill.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit 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 sometimes restricted these 
rights in practice.

    Women.--Rape, including spousal rape, is illegal but remained a 
serious problem. According to the 2007 08 SAPS annual report, the 
reported incidence of rape from April to December 2007 decreased 8.8 
percent from the comparable nine-month period in 2006. However, over 
4,000 rapes were reported on average each month, alongside 750 
additional cases per month of assault.
    Further, the Medical Research Council estimated that only one in 
nine rapes was reported to SAPS, as in most cases the attackers were 
friends or family members of the victims, who therefore were afraid or 
reluctant to press charges. This estimate implies that half a million 
women suffered sexual violence. The NGO Treatment Action Campaign 
reported that one in three South African women would be raped in her 
lifetime.
    A poor security climate and societal attitudes condoning sexual 
violence against women contributed to the problem. On February 17, 
Nwabisa Ngcukana was stripped and sexually assaulted by men at a taxi 
rank in KZN who claimed her attire was indecent; she was wearing a 
miniskirt. In April the Taylor Nelson Sofres Research Survey found 29 
percent of black men nationwide believed a woman wearing revealing 
clothes was asking to be raped.
    Although judges in rape cases generally followed statutory 
sentencing guidelines, women's advocacy groups criticized judges for 
using criteria such as the victim's behavior or relationship to the 
rapist as a basis for imposing lighter sentences.
    Allegations of rape, sexual assault, and sexual harassment of black 
and foreign female farm workers by farm owners, managers, and other 
farm workers were common.
    In December 2007 parliament passed amendments to the Sexual 
Offences Act that broadened the physical definitions of rape and 
indecent assault, included males as victims, and restricted admission 
of victims' sexual histories as evidence in court in an effort to 
improve the Government's capacity to punish perpetrators and protect 
victims. Victims' rights groups were critical, however, of the law's 
conditional provision of post-exposure prophylaxis only to victims who 
filed charges with SAPS or reported the alleged offenses to designated 
health establishments.
    The Government operated 64 sexual offenses courts throughout the 
country that included designated waiting rooms and counseling for 
victims. The NPA's Sexual Offences and Community Affairs Unit (SOCA) 
operated 20 Thuthuzela Care Centers (TCC), which specialized in rape 
care management and streamlined a network of existing investigative, 
prosecutorial, medical, and psychological services in the hospitals 
where they were located.
    According to a 2008 study by SAPS and the Centre for the Study of 
Violence and Reconciliation, only 4.1 percent of reported cases 
resulted in convictions. One in every eight suspects was under the age 
of 17. In rape cases involving victims under the age of 16, one of 
every 10 cases resulted in a conviction.
    Domestic violence was pervasive and included physical, sexual, 
emotional, and verbal abuse, as well as harassment and stalking by 
former partners. The Domestic Violence Act of 1998 defines victims of 
domestic violence (including persons who are not in legal or common law 
marriages), 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 to arrest abusers without a 
warrant. Violating a protection order is punishable by a prison 
sentence of up to five years, or 20 years if additional criminal 
charges are brought.
    According to NGOs, about one in four women were in abusive 
relationships, but few reported it. TCC counselors also alleged that 
doctors, police officers, and judges often treated abused women poorly.
    The Government financed 39 shelters for abused women, but more were 
needed, particularly in rural areas. The SAPS continued converting 
Child Protection Units to Family Violence, Child Protection, and Sexual 
Offences Units (FCS). FCS investigating officers and some other police 
officers received annual training in gender sensitivity. The Government 
continued to conduct domestic violence awareness campaigns.
    Prostitution is illegal but was widespread and practiced openly. 
Women were trafficked to, from, and within the country for exploitation 
in prostitution.
    The law prohibits sexual harassment; however, sexual harassment 
remained a widespread problem. The Government left enforcement 
primarily to employers, with criminal prosecution a rare secondary step 
at the initiative of the complainant. The Department of Labor (DOL) 
issued guidelines to employers on how to handle workplace complaints, 
which allowed for dismissal in some circumstances. Tougher punishments 
could be generated for assault, which carries a range of penalties 
depending on the severity of the act, but only if the complainants 
press charges.
    Discrimination against women remained a serious problem despite 
their equal rights under the law governing inheritance, divorce, and 
child custody. Women experienced economic discrimination in areas such 
as wages, extension of credit, and ownership of land. For example, 
township housing transfer schemes favored existing titleholders, who 
tended to be men.
    Many rural areas were administered through traditional patrilineal 
authorities, such as a chief or a council of elders, who did not grant 
land tenure to women, a precondition for access to housing subsidies. A 
constitutional court ruling in June upholding a tribe's decision to 
allow Tinyiko Shilubana to succeed her father as chief was criticized 
by traditional authorities who said the verdict contravened African 
custom.
    Women, particularly black women, typically had lower incomes and 
less job security than men. Most women were engaged in poorly paid 
domestic labor and microenterprises, which did not provide job security 
or benefits. The Department of Trade and Industry provided incentive 
grants to promote the development of small and medium-size businesses 
and microenterprises for women, young persons, and persons with 
disabilities.
    According to the Businesswomen's Association 2008 census, the 
number of women in top leadership positions grew in recent years. 
Nevertheless, women held only 25.3 percent of executive level and 14.3 
percent of director level positions. According to the presidency's 
Development Indicators Report for 2008, which cited 2006 data, women 
held only 27.4 percent of senior management and 21.6 percent of top 
management positions. The Government's Labor Force Survey published in 
March indicated unemployment among women was higher than among men, at 
26.7 percent versus 20 percent.
    Female farm workers often experienced discrimination, and their 
access to housing often was dependent on their relationship to male 
farm workers. Female farm workers on maternity leave who could not 
obtain timely compensation via the Unemployment Insurance Fund often 
had no choice but to return to work shortly after giving birth, 
according to NGOs working with farm workers in Limpopo Province.
    A number of governmental bodies, particularly the Gender Commission 
and the presidential Office of the Status of Women, and numerous NGOs 
monitored and promoted women's rights.

    Children.--The Government was generally committed to children's 
rights and welfare. However, registration of births was inconsistent, 
especially in remote rural areas or among parents who were foreign 
nationals and themselves unregistered. This resulted in lack of access 
for children to public services such as education, health care, and 
financial grants. According to a Social Security Agency report, more 
than 8.2 million children received social welfare grants. The 
Government's 2008 budget extended child support grants from age 14 to 
15; however, it was sometimes difficult for children, particularly 
those in rural areas or without documentation, to obtain access to 
health care facilities and other programs.
    The law provides for increased access to education for 
disadvantaged children-traditionally black children-through a uniform 
system for the organization, governance, and funding of schools. It 
mandates compulsory education from ages seven to 15 and ensures that 
children cannot be refused admission to public schools due to a lack of 
funds. However, public education is fee based and the Government does 
not fully subsidize education. Even if children qualified for fee 
exemptions, low income parents had difficulty paying for uniforms, 
books, and supplies. Some children, therefore, were enrolled in school 
but did not attend.
    According to the December 2007 School Realities Report published by 
the Department of Education, 98 percent of grade 1 12 school age 
children were enrolled in school. Those not enrolled tended to be 
children with special needs. Most children attended school until the 
age of 15, when eligibility for the Child Support Grant ends. There 
were an equal number of boys and girls in grades 1-12, with boys 
slightly outnumbering girls in primary school (grades 1-7), but 8 
percent more girls than boys were in secondary school (grades 8-12).
    There continued to be reports of 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.
    Although the law prohibits corporal punishment in schools, there 
were reports that teachers used physical violence to discipline 
students. Student on student violence, including racially motivated 
violence, continued to be a major concern of educational authorities 
and parents. Teacher organizations, parents, and police worked together 
in the ``Safe Schools Program'' to address these problems. Many schools 
implemented ``Adopt a Cop'' programs inviting SAPS officers into their 
schools for training and security.
    HIV/AIDS activists, physicians, and opposition parties continued to 
criticize the Government for failing to provide ARV therapy to all 
pregnant and breastfeeding women and thereby protect young children 
from HIV/AIDS transmission. In March the Government issued new 
guidelines, consistent with those of the World Health Organization, to 
provide dual therapy, instead of nevirapine alone, to HIV-positive 
women nationwide to prevent mother-to-child HIV transmission; however, 
the new program reached only an estimated 30 percent of targeted women 
during the year. The Government expanded the number of prenatal clinics 
but was not able to keep up with the rapidly growing number of children 
affected by HIV/AIDS, including both infected children and AIDS 
orphans.
    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. According to the 2007-08 SAPS report, 16,068 children 
were raped between April and December 2007, 1,410 were murdered, 19,687 
were assaulted with intention to do grievous bodily harm, and 3,517 
were subjected to indecent assault. Observers believed that these 
figures represented a small percentage of the actual incidence of child 
rape, especially since most cases involving family members were not 
reported. According to the NGO Childline, girls have a one-in-four 
risk, and boys a one-in-five risk, of being raped before age 16. The 
country had a low conviction rate for rape and child abuse. The law 
states that no child under the age of 12 can consent to any sexual 
activity and sets 16 as the lowest age for consensual sex with another 
minor. Statutory rape is defined as sexual intercourse between anyone 
under 18 and an adult more than two years older. The statutory sentence 
for rape of a child is life in prison; however, the law grants judges 
discretion to issue more lenient sentences.
    The high incidence of HIV/AIDS resulted in an increase in the 
number of child-headed households. These children sometimes turned to 
prostitution to support themselves and their siblings. Other children 
have been trafficked and forced into prostitution. NGOs provided 
shelter and medical and legal assistance for children in prostitution 
and a hotline for victims of child abuse. The Government donated land 
and buildings for shelters for such children, as well as other victims 
of sexual abuse, street children, and orphans.
    AIDS activists alleged that children in prostitution were often 
highly sought after because of the widely held belief that sex with a 
virgin provided a cure for HIV/AIDS. SAPS officials, however, said that 
under questioning perpetrators usually admitted they knew this claim 
was false.
    Despite outreach programs to discourage the practice, ritual 
circumcision of males, including children, usually by medically 
unqualified practitioners, was still a prevalent initiation tradition 
in various areas. Circumcision was considered a precondition for adult 
status, enabling marriage, inheritance, and other societal privileges. 
The House of Traditional Leaders attempted to address unsafe initiation 
practices and designed strategies to prevent deaths and the spread of 
diseases, such as HIV/AIDS. However, discussing the practice was taboo 
in many communities where it was considered a matter for chiefs to 
decide, and some traditional leaders spoke out against state 
interference.
    Five boys died in Limpopo Province as a result of botched 
circumcisions, the same number as in 2007, despite legislation passed 
in 2001, regulating initiation schools. The Department of Health in the 
Eastern Cape provided surgeons, health officials, and vehicles during 
the June initiation season to monitor initiation practices. 
Nonetheless, 22 circumcision-related deaths at the hands of unmonitored 
practitioners were reported in the Eastern Cape during the June 
initiation period, according to press reports. From 2001 through 2007 
the Eastern Cape recorded nearly 2,600 hospital admissions, 156 genital 
mutilations or amputations, and 232 deaths due to dehydration and 
infection from unsafe and nonsterile procedures. Illegal traditional 
surgeons were arrested and charged with culpable homicide.

    Trafficking in Persons.--The Government is limited to the use of 
piecemeal provisions of various laws to prosecute traffickers. The 
Prevention of Organized Crime Act of 1998 can be applied to 
trafficking, as can specific laws against child labor and forced labor. 
The Sexual Offences Act of 2007 makes interim provisions outlawing 
trafficking for purposes of sexual exploitation, in addition to 
creating new or expanded statutory offenses applicable to all forms of 
sexual violation of children and the mentally disabled and provisions 
for prosecutions of extraterritorial sexual exploitation. The 2005 
Children's Act prohibits ``the recruitment, sale, supply, 
transportation, transfer, harboring or receipt of children, within or 
across the borders of the Republic.'' The law also prohibits the 
commercial sexual exploitation of children, sexual intercourse with 
children under 16, or permitting a female under 16 to stay in a brothel 
for the purpose of prostitution. The maximum penalty for violations of 
the law is 20 years in prison. The Children's Amendment Act of 2007 
addresses unlawful child labor in extreme forms such as slavery and 
commercial sexual exploitation. However, until the completion of 
regulations governing the act's implementation, the provisions on child 
trafficking cannot take effect.
    The country was a source, transit, and destination 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 in and 
out of the country for use in the sex industry, and girls were 
exploited for sex or domestic servitude. Young men were trafficked 
internally and across borders chiefly for agricultural work, but also 
for street vending, crime, begging, and prostitution.
    The precise extent of trafficking operations was unknown, but a 
substantial number of persons were believed to be trafficked annually 
both internally and across borders. Of the 252 victims directly 
assisted by the International Organization for Migration (IOM) from 
2004 through October 2008, most were Thai (140), Congolese (35), South 
African (22), Indian (12), Chinese (11), Mozambican (9) and Zimbabwean 
(9).
    Trafficked women and children forced to work in the commercial sex 
industry often lived with other trafficked victims in segregated areas. 
They were frequently under constant surveillance; usually had no money 
or identifying documents; were often in debt to the agents who arranged 
their travel; often worked long hours-in some cases up to 18 hours each 
day and on weekends and when ill; and sometimes were fined by their 
traffickers for infractions of arbitrary rules. Young men trafficked 
for forced agricultural labor were often subjected to violence and food 
rationing.
    Children were especially vulnerable to trafficking and in practice 
remained relatively unprotected from exploitation for sexual and labor 
purposes. The Government did not address the growing problem of child 
sex tourism, for which girls and boys were trafficked internally and 
across borders. The trafficking of Mozambican, Malawian, and Zimbabwean 
children for agricultural labor resulted in the children's deportation 
as illegal aliens without appropriate protections.
    According to the NPA, which leads government efforts to combat 
trafficking, Chinese traffickers made Johannesburg a regional hub for 
collecting victims from Lesotho, Mozambique, and Swaziland for 
exploitation locally and in other cities. Nigerians based in the 
country sold Malawian women into Europe. Russian and Bulgarian women 
were exploited in private men's clubs. Local women were sent to Hong 
Kong and Macau, while Thai women were brought into the country's port 
cities.
    In most cases traffickers lured foreign women with promises of 
employment, marriage, or educational opportunities abroad. Traffickers 
often lured the children of poor families with promises of jobs, 
education, or a better way of life. Victims, who might have been 
kidnapped or forced to follow their traffickers, were subjected to 
threats of violence, withholding of documents, and debt bondage to 
ensure compliance.
    The Government continued to arrest and prosecute victims of human 
trafficking for unlawful acts committed as a direct result of their 
being trafficked. In addition, extensive pretrial delays caused some 
trafficking victims not to testify at the trials of their alleged 
traffickers.
    In January the NPA's SOCA office established the Human Trafficking 
Unit to revive a defunct interagency task force and formulate a new 
strategy for dealing comprehensively with trafficking in persons. The 
NPA enlisted IOM to conduct training workshops for hundreds of social 
workers and government officials to improve recognition of trafficking 
victims, care and attention to victims, and referrals of cases to 
authorities. The Government, IOM, and NGOs continued to expand 
awareness-raising activities.
    The NPA maintained a witness protection unit headed by a special 
director of public prosecutions, but it relied heavily on NGOs to 
provide witness protection for trafficking victims. Some domestic 
victims of trafficking were placed in government facilities for the 
sexually abused. The Government continued to fund private shelters that 
provided short- and long term health care, counseling, and legal 
support to trafficking victims. However, the Government continued to 
arrest, prosecute, convict, and deport trafficking victims for crimes 
they committed as a direct result of being trafficked.
    Corruption within the police, immigration, customs, and private 
services at the international airports impeded interdiction efforts. 
Traffickers reportedly bribed officials to help them move victims out 
of transit areas to avoid detection. During the year DHA dismissed 
several immigration officers for involvement in trafficking and for 
petty corruption relating to trafficking. The border police, SAPS, and 
judicial officials received additional antitrafficking training during 
the year, but confusion between smuggling and trafficking remained a 
problem. Although the country had 64 sexual offenses courts with 
authority to handle trafficking cases, the lack of clear and complete 
antitrafficking legislation inhibited prosecutions.
    In March SAPS arrested 27 Chinese women along with seven men 
accused of transporting them into the country and trafficking them into 
the sex trade. A police spokesperson indicated the women entered the 
country illegally and, despite their status as victims of trafficking, 
would be deported.
    In May Mozambican Aldina dos Santos was charged with child 
trafficking and forced labor for subjecting three girls to sexual 
exploitation and domestic servitude. The case was ongoing at year's 
end.
    In June in Durban, a Sierra Leone national was arrested for selling 
girls aged eight to 12 into prostitution; the case was pending at 
year's end. From November 8 to 10, five Nigerian men were arrested for 
allegedly trafficking Nigerians through the country. On December 3, 
they were charged with human trafficking under the Sexual Offences Act 
of 2007 and drug-related offenses. In April 2007, 22 Thai women and two 
Thai traffickers pleaded guilty to violation of the Immigration Act, 
following their 2006 arrest in Durban. All 24 received suspended 
sentences and were deported to Thailand. Three local citizens involved 
in the case faced charges of racketeering; there was no further 
information available.

    Persons With Disabilities.--The law prohibits discrimination on the 
basis of both physical and mental disability; however, government and 
private sector discrimination in employment existed. The law mandates 
access to buildings for persons with disabilities, but such regulations 
were rarely enforced, and public awareness of them remained minimal. 
General responsibility for the rights of persons with disabilities fell 
within the Department of Health, with individual organizations tending 
to particular handicaps such as blindness.
    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. 
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. Persons with disabilities constituted 5.9 percent of the 
general population, but only an estimated 0.02 percent of the public 
service workforce. The law does not allow persons with mental 
disabilities to vote.
    In April 2007 allegations of sexual abuse surfaced at the Cullinan 
Care and Rehabilitation Center for intellectually and physically 
disabled persons in Pretoria. Following a media report exposing 
conditions at the center, the Department of Health intervened in 
September 2007. Several staff members were disciplined but were allowed 
to continue working at the facility.

    National/Racial/Ethnic Minorities.--The law requires employers with 
50 or more employees to ensure that previously disadvantaged groups, 
legally defined as ``Blacks'' (including ``Africans,'' ``Colored,'' and 
``Asians,'' and collectively constituting more than 90 percent of the 
country's population) are represented adequately at all levels of the 
workforce. Notwithstanding the country's antidiscrimination 
legislation, however, the DOL 2007 Employment Equity Analysis reported 
that Blacks remained underrepresented, particularly at the professional 
and managerial levels. According to the report, only 22.2 percent of 
top management positions, and approximately 36.5 percent of 
professional positions, were held by Blacks, and Black women remained 
by far the most disadvantaged group in number and quality of management 
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.
    In June the Pretoria High Court ruled in favor of the Chinese 
Association of South Africa's petition that ethnically Chinese South 
African citizens be defined as Black in legislation benefiting 
previously disadvantaged groups such as the Broad-Based Economic 
Empowerment Act and the Employment Equity Act.
    The continued killings of mostly white farm owners by black 
assailants created concern among white farmers that they were being 
targeted for racial and political reasons, although studies showed 
perpetrators were generally common criminals motivated by financial 
gain. There also were reports that white employers abused and killed 
black farm laborers, and complaints that white employers received 
preferential treatment from the authorities.

    Indigenous People.--The Khoikhoi, indigenous nomadic herders of 
cattle and sheep, were dispossessed of their native lands and dispersed 
throughout the country in the 1970s. Today only a few thousand Khoikhoi 
remain, some of whom work as farmers or as farm laborers. Under the 
law, the Khoikhoi have the same political and economic rights as other 
citizens; however, the Government did not always effectively protect 
those rights. Their participation was limited due to fewer 
opportunities, minimal access to education, and relative isolation.

    Other Societal Abuses and Discrimination.--The post apartheid 
constitution outlaws discrimination based on sexual orientation, and in 
2006 the country legalized same sex marriage. There were no reports of 
official mistreatment or discrimination. However, in its annual Social 
Attitudes Survey released on November 24, the Human Sciences Research 
Council found widespread public intolerance of homosexuality, which was 
commonly labeled ``unAfrican,'' with 80 percent of respondents 
believing sex between two same-gender persons was ``wrong.''
    Rights groups reported that homosexuals were subject to societal 
abuses including hate crimes, gender violence targeting lesbians, and 
killings. The NGO People Opposed to Women Abuse reported that attacks 
increased during the year and estimated that a lesbian was killed every 
three months in the country's townships. On April 28, Eudy Simelane, a 
former player on the national women's soccer team and well-known 
lesbian activist, was allegedly gang-raped and then stabbed to death 
east of Johannesburg. Five men were arrested; four were charged with 
murder, robbery, and rape. The case was pending at year's end.
    On December 5, following at least 16 postponements, testimony began 
in the trial of seven men accused of the 2006 murder of a lesbian woman 
in Cape Town. The case was pending at year's end.
    In July 2007 lesbian activist Sizakele Sigasa and her partner 
Salome Masooa were raped and shot to death in Soweto; no arrests were 
made. Two weeks later in July, Thokozane Qwabe, a lesbian, was killed 
in KZN, prompting an outcry from rights groups.
    With availability of life-saving ARV treatments, civil society 
activities such as the Treatment Action Campaign, and government 
campaigns to reduce discrimination against persons with HIV/AIDS, the 
social stigma associated with HIV/AIDS began to decline but remained a 
general problem.
    In May the soldiers' South African Security Force Union (SASFU) 
sued the SANDF for allegedly discriminatory HIV/AIDS policies. On May 
17, the Constitutional Court ruled that SANDF must conduct 
individualized health assessments of members of the armed forces and 
SANDF could not exclude HIV positive persons from recruitment, external 
deployments, or promotions.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all workers with the 
exception of members of the National Intelligence Agency and the Secret 
Service to form and join unions of their choice without previous 
authorization or excessive requirements, and these laws were applied. A 
labor court and labor appeals court enforced these rights. There were 
slight gains in union membership during the year, which were attributed 
to global economic growth and a halt in government privatization, 
despite most job creation being in nonunionized service sectors. As of 
March, trade union membership was approximately 3.4 million, or 
approximately 35 percent of the population employed in the formal 
sector.
    Labor laws extend to farm workers. The National African Farmers' 
Union received no complaints of harassment of union representatives. 
The DOL and unions enlisted the cooperation of AgriSA, the national 
farmers' organization, to educate farmers about workers' rights and to 
improve working conditions. According to Cosatu's 2006 report, only 10 
percent of the workers in the agricultural labor force were unionized, 
a decline that some observers attributed to the 2005-06 droughts and 
poor harvests.
    The law provides for the right to strike, and workers exercised 
this right, although workers considered to be providing essential 
services were prohibited from striking. Essential services were those 
deemed vital to the public's safety or health, such as police and 
military, prison wardens, firefighters, and emergency health workers. 
Disputes between workers in essential services and their employers that 
are not resolved through collective bargaining, independent mediation, 
or conciliation are referred to arbitration or the labor courts. 
Despite the prohibition, NPA prosecutors staged silent protests in 
August and were reportedly considering work stoppages over nonreceipt 
of pay increases promised a year earlier.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference. The Government 
protected these rights and workers exercised them. Collective 
bargaining is protected by law. The law prohibits employers from 
discriminating against employees or applicants due to past, present, or 
potential union membership or participation in lawful union activities. 
There were no lawsuits filed for antiunion discrimination.
    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 in the context of human 
trafficking, including prostitution, agricultural labor, and domestic 
servitude.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is prohibited by law; and the Children's Amendment Act 
signed into law on March 13 defines and prohibits the worst forms of 
child labor. However, child labor was widespread in informal and 
agricultural sectors, particularly in the former homeland areas. The 
law prohibits employment of a child less than 15 years of age. Children 
over 15 but under 18 are also prohibited from work that places at risk 
the child's wellbeing, education, physical or mental health, or 
spiritual, moral, or social development. The Government generally 
enforced child labor laws in the formal sectors of the economy. 
Underage children were allowed to work in the performing arts if their 
employer received DOL permission and agreed to follow specific 
guidelines.
    The HIV/AIDS epidemic contributed to the number of households 
headed by children who supported themselves and often younger siblings. 
However, in its 2007-08 Child Gauge Report, the Children's Institute at 
the University of Cape Town stated that there was little evidence of 
recent rapid growth in the orphan population due to HIV/AIDS. Citing 
the Government's 2006 General Household Survey, which estimated that 
child-headed households accounted for 0.7 percent of all children and 
0.5 percent of all households, the Children's Institute noted that the 
levels had remained relatively stable since the survey began in 2002.
    According to the 1999 Survey of Activities of Young People, issued 
by the DOL in 2002, approximately 800,000 of the country's children 
older than 10 were working as laborers, either in or outside the home. 
The study stated that nearly 270,000 children reported having 
difficulty in school because of work obligations, while 80,000 children 
reported missing school completely. Among those who claimed that work 
was damaging their school performance, approximately 21,000 children 
said they were doing paid labor or working in a family business. Of all 
child laborers, roughly 92,000 were doing work that violated the 
country's labor laws. Child laborers, including some from Zimbabwe and 
Mozambique, worked illegally in the country on commercial farms, for 
the taxi industry, or as domestic servants.
    During the year the DOL employed approximately 1,000 labor 
inspectors to investigate reports of violations and to enforce existing 
policies. Violation of laws regulating child employment is punishable 
by a maximum prison sentence of three years or a fine of 15,000 rand 
($1,613). In some cases, DOL inspectors opted to resolve child labor 
cases by counseling of employers, parents, and children, or by 
enlisting the services of professionals in the welfare and education 
departments. There were reports that inspectors had difficulty gaining 
access to farms where child labor was reported.
    The Government's Child Labor Program of Action integrated the 
priorities of government ministries to combat child labor. However, the 
single largest factor in reducing child labor remained the Child 
Support Grant, which was nearly 200 rand ($22) per month and covered 
children up to 15 years old.

    e. Acceptable Conditions of Work.--There was no legally mandated 
national minimum wage, although the law gives the DOL authority to set 
wages by sector. Minimum wages were established for the retail sector, 
farm laborers, domestic workers, and taxi (minibus) drivers. The 
minimum wage for farm workers was approximately 1,041 rand ($112) a 
month in urban areas and 989 rand ($106) a month in rural areas. The 
minimum monthly wages for domestic workers employed more than 27 hours 
per week ranged from 1,067 rand ($115) to 1,167 rand ($125). Depending 
on the province, compliance with the minimum wage rate generally ranged 
from 65 to 90 percent, according to 2007 DOL figures. Minimum wages did 
not provide a decent standard of living for a worker and family; the 
Government undertook other actions to alleviate poverty, including 
annual above inflation mandatory wage increases for farm workers, 
exemptions from school fees, and improved access to health care.
    In July textile manufacturer Tai Yuen Textile was fined 17 million 
rand ($1.8 million) for underpayment of workers in KZN. This was the 
highest fine ever imposed on a company for exploitation of employees.
    Annual negotiations between employers and employee associations or 
unions set wage rates on an industry by industry or plant by plant 
basis for unionized workers in the formal economy. Such negotiated 
wages were generally sufficient to provide a decent standard of living 
for a worker and family; however, this was not the case in sectors 
where workers were not organized sufficiently to engage in collective 
bargaining. As a result, many unskilled or rural workers were unable to 
provide an adequate standard of living for themselves and their 
families.
    The law establishes a 45 hour workweek, standardizes time and a 
half pay for overtime, and authorizes four months of maternity leave 
for women. No employer may require or permit an employee to work 
overtime except by agreement, and overtime may not be more than 10 
hours a week. The law stipulates rest periods of 12 consecutive hours 
daily and 36 hours weekly, which must include Sunday. The law allows 
for adjustments to rest periods by mutual agreement. These standards 
were effectively enforced, as labor unions and labor courts focused on 
compliance. A ministerial determination exempted businesses employing 
fewer than 10 persons from certain provisions of the law concerning 
overtime and leave. Farmers and other employers could apply for 
variations from the law by showing good cause.
    The law protects both foreigners and immigrant workers. On March 
28, the Commission for Conciliation, Mediation, and Arbitration (CCMA) 
ruled in favor of a foreign employee whose employment contract had been 
terminated by Discovery Health Limited when the employee's temporary 
work permit had expired. The CCMA's ruling established that foreign 
workers are included and protected by the Labor Reform Act.
    The Government set occupational health and safety standards through 
the Department of Minerals and Energy (DME) for the mining industry and 
through the DOL for all other industries. Occupational health and 
safety issues were a top priority of trade unions, especially in the 
mining, construction, and heavy manufacturing industries where 
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. The law prohibits discrimination against an 
employee who asserts a right granted by the law and requires mine 
owners to file annual reports providing statistics on health and safety 
incidents for each mine. In addition, a tripartite mine health and 
safety council and an inspectorate of mine health and safety were 
responsible for enforcing the law and monitoring compliance with its 
provisions.
    In January the DME launched an inspection of all 2,800 mines in the 
country. August press reports stated audit results were finalized and 
due for release; however, by year's end the report was still 
unreleased, and opposition parties had filed actions to force its 
issuance. There were 85 mine deaths during the year's reporting period, 
down 22 percent compared to the same period in 2007.
    On November 19, parliament passed amendments to the Mine Health and 
Safety Act, making employers liable for heavy fines or imprisonment for 
serious injury, illness, or death of employees due to unsafe mine 
conditions. The amendments provide for mine inspectors to enter any 
mine at any time to interview employees and audit records.
    Outside the mining industry, there were no laws or regulations that 
permitted workers to remove themselves from work situations deemed 
dangerous to their health or safety without risking loss of employment; 
however, the law provides that employers may not retaliate against 
employees who disclose dangerous workplace conditions.
    In February an explosion at the Assmang ferromanganese smelter 
killed six workers. The DOL launched an investigation into reports that 
Assmang was warned of a malfunctioning furnace two days prior to the 
incident and advised that it be switched off immediately. The National 
Union of Mineworkers called for the prosecution of Assmang's chief 
executive.
    While labor conditions had improved on large commercial farms, they 
remained harsh, especially for small holdings' workers, most of whom 
were black. Many owners of small farms did not measure working hours 
accurately. Twelve hour days were common during harvest time, and few 
farmers provided overtime benefits. In February 2007 Human Rights Watch 
reported low wages, a lack of basic services in farm workers' housing, 
and inadequate education for workers' dependents. Farm owners continued 
to evict workers legally and illegally. There was a lack of compliance 
with labor legislation and significant violence and crime against farm 
workers and farm owners. Health and safety regulations often were not 
observed when chemicals were used in agricultural work.

                               __________

                                 SUDAN

    Sudan, a republic with an estimated population of 40.2 million, is 
governed according to a power-sharing arrangement established by the 
2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil 
war between the north and south and established an interim Government 
of National Unity (GNU). The CPA calls for national elections to be 
held in 2009. The GNU is composed of the National Congress Party (NCP), 
dominated by Islamists from the north and ruled by authoritarian 
President Omar Hassan al-Bashir and his inner circle, and the Sudan 
People's Liberation Movement (SPLM), the political wing of the Sudan 
People's Liberation Army (SPLA) led predominantly by Christians and 
practitioners of traditional indigenous religions from the south. The 
most recent national elections were held in 2000; Bashir was reelected, 
and his political party won 340 out of 360 seats in the parliament in 
deeply flawed elections boycotted by all major opposition parties. The 
SPLM is the ruling party of the autonomous Government of Southern Sudan 
(GOSS), established in 2005. The GOSS ratified a separate constitution 
in 2005. A referendum to determine whether the south will become an 
independent entity is scheduled for 2011. The country experienced 
several violent conflicts during the year. While civilian authorities 
in the north generally maintained effective control of the security 
forces and government-aligned militia outside of Darfur, there were 
frequent instances in which elements of the security forces and 
government-aligned militia acted independently in Darfur. In the south, 
civilian authorities generally maintained effective control of security 
forces, but there were frequent instances in which elements of the 
security forces acted independently.
    Conflict in Darfur continued despite the 2006 Darfur Peace 
Agreement (DPA) between the Government and Minni Minawi's faction of 
the Sudan Liberation Movement/Army (SLM/A). Civilians in Darfur 
continued to suffer from the effects of genocide. Government forces 
bombed villages, killed civilians including internally displaced 
persons (IDPs), and collaborated with janjaweed militias and tribal 
factions to raze villages and perpetrate violence against women. The 
Government supported Chadian rebel groups. During January and February, 
violence in West Darfur displaced tens of thousands of persons; 
approximately 12,000 persons were displaced to Chad. Darfur rebel 
groups continued to commit serious abuses. On May 10, the Justice and 
Equality Movement (JEM), a Darfuri rebel movement, mounted an attack on 
Omdurman, near the capital. Intertribal conflict also killed civilians. 
According to the UN, nearly 2.7 million civilians have been internally 
displaced, and approximately 250,000 refugees have fled to neighboring 
Chad since the conflict in Darfur began in 2003. During the year 
approximately 315,000 civilians were displaced within Darfur and to 
Chad. Estimates on the number of deaths vary. In 2006 the UN estimated 
that 200,000 persons had died as a result of the conflict.
    Tensions over CPA implementation persisted between the north and 
the south. Sudanese Armed Forces (SAF) and the SPLA forces engaged in 
open combat in the disputed Abyei region from May 14 until May 22. 
Intertribal violence in the south continued. The Lord's Resistance Army 
(LRA), a rebel movement formerly-based in Uganda, made incursions into 
Southern Sudan and attacked and killed civilians.
    The Government's human rights record remained poor, and there were 
numerous serious abuses, including: abridgement of citizens' right to 
change their government; extrajudicial and other unlawful killings by 
government forces and other government-aligned groups throughout the 
country; disappearances, including of hundreds of Darfuris in Omdurman 
and Khartoum following the May 10 JEM attack; torture, beatings, rape, 
and other cruel, inhumane treatment or punishment by security forces; 
harsh prison conditions; arbitrary arrest and detention, incommunicado 
detention of suspected government opponents, and prolonged pretrial 
detention; executive interference with the judiciary and denial of due 
process; obstruction of the delivery of humanitarian assistance; 
restrictions on privacy; restrictions on freedom of speech; increased 
restrictions on the press, including direct censorship; restrictions on 
freedoms of assembly, association, religion, and movement; harassment 
of IDPs and of local and international human rights and humanitarian 
organizations; violence and discrimination against women, including 
female genital mutilation (FGM); child abuse, including sexual violence 
and recruitment of child soldiers, particularly in Darfur; preventing 
international human rights observers from traveling to/within Sudan; 
trafficking in persons; discrimination and violence against ethnic 
minorities; denial of workers' rights; and forced and child labor.
    In Southern Sudan, serious human rights abuses were reported during 
the year, including extrajudicial killings and physical abuse of 
persons by the SPLA; poor prison and detention center conditions; 
arbitrary arrest; lengthy pretrial detention; use of child soldiers; 
abduction of women and children; and child labor. Interethnic violence 
was a problem.
    In Darfur government-aligned militias killed and injured civilians, 
including during attacks on villages; raped women and children; 
destroyed and looted civilian property; and used child soldiers.
    Rebel factions and bandits in Darfur killed and abducted persons, 
including civilians, humanitarian workers, and United Nations-African 
Union Mission in Darfur (UNAMID) peacekeeping troops and workers; beat 
and raped civilians; recruited and used child soldiers; and restricted 
humanitarian access.
    The LRA attacked villages and killed and abducted civilians in 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 numerous 
reports that the Government and its agents committed arbitrary and 
unlawful killings. Government forces, government-aligned militias, and 
rebels killed civilians in connection with the conflict in Darfur (See 
Section 1.g.). Civilians were also killed in connection to conflict in 
Abyei (See Section 1.g.).
    Fighting between government forces and JEM rebels killed civilians 
during the May 10 JEM attack on Omdurman. A UN report cited the 
Government as asserting that 57 civilians were killed, but the actual 
number of civilian casualties was believed to be far higher.
    In the aftermath of the May 10 JEM attack, National Intelligence 
and Security Services (NISS) forces committed three confirmed 
extrajudicial killings in Khartoum and Omdurman. NISS forces killed one 
woman as she tried to prevent the arrest of her brother; one Darfuri 
student; and beat one man who later died of his injuries.
    The police and army killed demonstrators.
    On May 21, students undergoing mandatory military training at Ed 
Damazin Camp protested violently against harsh training techniques and 
the death of a fellow student. SAF soldiers shot at the students, 
killing two and injuring 15 of them.
    On July 27, police killed two demonstrators in White Nile after 
local farmers gathered to protest government land confiscation.
    The UN Mission in Sudan (UNMIS) continued to receive reports that 
SPLA soldiers committed extrajudicial killings.
    Civilians were killed and injured as a result of fighting between 
the SPLA and civilians during a GOSS disarmament campaign. For example, 
on June 5, in Iloli and Loguruny villages in Eastern Equatoria, eight 
civilians were killed and an estimated 1,410 persons displaced by 
fighting; the incident was not under investigation by year's end. On 
September 8, the SPLA injured persons during a disarmament activity in 
Rumbek.
    Approximately 50 civilians reportedly died due to landmines in the 
south during the year, although some observers believed the number to 
be much higher since only a small percentage of deaths were actually 
reported to the UN. The Government continued to cooperate with the UN 
Mine Action Group to remove landmines in the south.
    On January 1, diplomat John Granville and driver Abdelrahman Abbas 
Rahama were killed in Khartoum. By August authorities had arrested five 
suspects in connection with the killings and commenced to try them; the 
trial was ongoing at year's end.
    Interethnic conflict throughout the country resulted in deaths 
during the year (See Section 1.g.).
    The LRA committed numerous arbitrary killings in Southern Sudan 
throughout the year.
    For example, on January 30, in Central Equatoria State, four 
civilians were killed in an LRA attack. In February an LRA incursion 
into Western Equatoria resulted in the deaths of 136 persons. On June 
5, in Nabanga in Western Equatoria, an LRA attack on an SPLA base 
killed an estimated 12 civilians. In December the Governments of 
Uganda, the Democratic Republic of Congo, and Southern Sudan began a 
joint military operation against the LRA.

    b. Disappearance.--The Government was responsible for hundreds of 
politically and ethnically-motivated disappearances, particularly of 
Zaghawas living in Khartoum and Omdurman.
    The NISS arrested hundreds of Darfuris in May and June following 
the May 10 attack, detaining pedestrians and car passengers who 
appeared to be Zaghawa. Released detainees reported that the NISS 
continued to hold up to 2,500 detainees at several detention locations 
in the weeks following the attack. Several reported that they were 
beaten while in custody. By year's end fewer than 300 persons had been 
charged with participating in the May 10 attacks. Human rights 
organizations claimed that while most of the detainees were released, 
the Government continued to hold several hundred without charges at 
year's end.
    Prominent Darfuri lawyers and activists arrested by the NISS in 
Khartoum remained unaccounted for by year's end. For example, in May, 
Abdelillahi Widaa, cofounder of the nongovernmental organization (NGO) 
Darfur Forum for Reconciliation and Peaceful Coexistence, fled Khartoum 
following repeated visits by NISS officers to his home and place of 
work, as well as a reported threat by the NISS to kill him. On May 19, 
Widaa turned himself in to NISS headquarters for questioning and 
subsequently disappeared; as of year's end his whereabouts were 
unknown.
    From May 11 to 21, NISS officers arrested six Darfuri lawyers from 
the independent Darfur Bar Association, including Abdelshakur Dirar. On 
June 6, Dirar's wife and nine-month-old baby were also arrested and 
taken to NISS headquarters. On August 20, Dirar's wife and baby were 
released. All six lawyers were released by year's end.
    An estimated 15,000 Dinka women and children were abducted, mainly 
from 1983 to 1999; thousands of them remained unaccounted for. In 
contrast to 2007, the Government's Committee to Eradicate the Abduction 
of Women and Children (CEAWC) reportedly returned 228 previously 
abducted Dinka to their ancestral villages in Southern Sudan during the 
year. During the year CEAWC received four million Sudanese pounds 
(approximately $180 million) in government funding. The UN Children's 
Fund (UNICEF) estimated that 4,000 Dinka abductees remain in South 
Darfur.
    Rebel forces in Darfur abducted persons, including humanitarian aid 
workers (See Section 1.g.).
    Intertribal abductions of women and children in the south 
continued.
    The LRA abducted persons, including children in Southern Sudan. On 
April 20, LRA members abducted women and children during an attack on 
villages in Western Equatoria State. On December 22, the LRA attacked 
Lokurubanga village in Central Equatoria State, and abducted 12 
persons. In late December the LRA abducted persons, including children, 
from Luro village in Western Equatoria.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Interim National Constitution prohibits such 
practices; however, government security forces continued to torture, 
beat, and harass suspected political opponents and others. In Darfur 
and other areas of conflict government forces, rebel groups, and tribal 
factions committed torture and abuse (See Section 1.g.). SPLA forces 
sometimes abused persons in the south.
    In accordance with Shari'a (Islamic law), the Criminal Act provides 
for physical punishments, including flogging, amputation, stoning, and 
crucifixion-the public display of a body after execution. Under the 
Interim National Constitution, the Government exempts the 10 southern 
states from Shari'a, although its application in the south still 
occurred on an ad hoc basis, and traditional customary law was 
frequently applied against convicted defendants. Northern courts 
routinely imposed flogging, especially for production of alcohol.
    Government security forces beat and tortured persons in detention, 
including members of the political opposition, civil society activists, 
and journalists. These persons were often subsequently released without 
charges.
    On May 11, NISS officers arrested Abdelaziz Sam, Secretary of Legal 
Affairs for the Transitional Darfur Regional Authority (TDRA), and 
three members of his family. The men were bound together and beaten for 
five hours, then later released without charge.
    On May 18, NISS officers arrested Al-Ghali Shegifat, journalist for 
the independent Rai Al-shaab newspaper and head of the Darfur 
Journalist Association; he was detained for 60 days without charge, 
during which time he was regularly beaten.
    On November 24, the NISS detained human rights activists Abdel 
Moniem El Gak, Osman Hummaida, and Amir Suleiman. Suleiman was released 
the same day. El Gak was released on November 26, after having been 
released and detained again on November 25. Hummaida was released on 
November 28. Security forces physically abused El Gak and Hummaida, and 
threatened Suleiman that he would be tortured. El Gak and Suleiman fled 
the country following their release.
    Police and NISS officers forcibly dispersed student protestors, 
which resulted in serious injuries.
    On June 12, at the University of Khartoum, police forcibly 
dispersed Darfuri students who were peacefully protesting the arrest of 
a fellow student the previous day. NISS officers followed the students 
to their dormitory, where they beat several of them and threw two 
students from windows, severely injuring them.
    Unlike in 2007, there were no reports that police conducted 
sporadic raids on houses occupied by Ethiopian and Eritrean refugees or 
migrants.
    SPLA military police detained eight third-country nationals 
suspected of stealing SPLA payroll funds. All of the detainees were 
taken to SPLA headquarters in Juba. Four detainees were released a week 
later. The remaining four were transferred to a detention facility 
known as the customs market, then to another location; during detention 
they were reportedly caned, shackled, and allegedly subjected to 
psychological abuse. The four were released under house arrest in June, 
and by year's end were permitted to continue working and living in the 
country.
    In June the SPLA reportedly detained one of its captains for 
beating a foreign national.
    According to a UN report, on March 9, guards at an unofficial SPLA 
detention facility known as Jail 1 shot an SAF soldier when he tried to 
escape.
    There were cases in which Southern Sudan Police Services (SPSS) 
officers and SPLA officers reportedly raped women, often with impunity.
    In Darfur, government forces, government-aligned militias, rebel 
groups, and tribal factions killed, injured, and raped civilians (See 
Section 1.g.).

    Prison and Detention Center Conditions.--Prison conditions 
throughout the country remained harsh and overcrowded. Almost all 
prisons lacked basic facilities such as toilets and showers. Health 
care was primitive; prisoners usually relied on family or friends for 
food. Officials continued to arbitrarily deny visits to prisoners.
    The Government routinely mistreated persons in custody. There were 
credible reports that security forces held detainees incommunicado; 
beat them; deprived them of food, water, and toilets; and forced them 
to sleep on cold floors. Prisoners died from lack of health care and 
poor prison conditions.
    Juveniles often were held with adults in the north.
    Government authorities detained 109 children in connection with the 
May 10 JEM attack. Most of the children were sent to a detention 
facility for children after having been initially held with adults for 
several days. UN officials described the conditions in the separate 
facility as good. However, some children were not sent to the separate 
facility and remained detained with adults. Ninety-nine of the children 
were pardoned and released; four were tried, acquitted and released; 
five had ongoing trials and remained detained; and one, who was given a 
death sentence, was going through an appeal process.
    Unlike the previous year, the Government allowed some restricted 
visits to prisons by human rights observers in the north. The 
International Committee of the Red Cross (ICRC) had limited access to 
government prisons during the year; however, released prisoners 
reported that officials hid high-profile detainees during visits.
    Prisons in Southern Sudan provided inmates with at least one meal 
per day. The Prisons Directorate of Southern Sudan (SSPD) provided 
separate quarters for male and female prisoners and usually housed 
juveniles in separate cells. Prison labor was used for the construction 
of private residences for SPLM officials.
    Pretrial detainees were generally held in jails separate from 
convicted prisoners in the south. Detention centers in Southern Sudan 
were under the control of local tribal or state authorities, and were 
uniformly substandard. Some were holes dug in the ground around a tree, 
with detainees shackled to the tree. Sanitary and medical facilities 
were uniformly inadequate.
    The SSPD permitted monitoring of prison conditions by the ICRC and 
other observers.
    SLA/Minni Minawi continued to operate detention centers in North 
Darfur, including in Dar al Salaam, Zam Zam, and Shagil Tobaya. UNAMID 
reported that detainees were held in poor conditions. The SLA and other 
rebel groups allowed the ICRC access to some detainees during the year.

    d. Arbitrary Arrest or Detention.--The Interim National 
Constitution prohibits arbitrary arrest and detention without charge; 
however, the Government continued to arbitrarily arrest and detain 
persons, often under the National Security Act. In Southern Sudan, 
arbitrary arrests and detention were common. While the law does not 
provide the SPLA with arrest powers, the SPLA arrested and detained 
persons.

    Role of the Police and Security Apparatus.--Several government 
entities have responsibility for internal security including the 
police, the NISS, the Ministry of Interior, and the Ministry of 
Defense; all had active security forces. Government security forces 
committed serious and widespread abuses against civilians with 
impunity, including in connection with the conflict in Darfur (See 
Section 1.g.). The NISS maintains security officers in major towns and 
cities throughout the north, including Darfur, and also has a presence 
in the south. The NISS also controlled the Central Reserve Police 
(CRP). The CRP committed abuses in Darfur, including, for example, the 
August 25 killings of 33 IDPs at Kalma Camp. The SAF, under the 
Ministry of Defense, attacked civilian targets in Darfur. The Ministry 
of Defense's Border Intelligence Force (BIF), a loosely-organized force 
composed of former janjaweed fighters in Darfur, also committed abuses. 
Fighting between BIF and other security forces in Darfur resulted in 
civilian deaths.
    Police corruption was a problem, and some police officers 
supplemented their incomes by extorting bribes.
    The SPSS has responsibility for law enforcement in the south under 
the interim GOSS constitution. The SPSS lacked resources and capacity. 
Police reports were often incomplete, if used, files frequently 
misplaced, and suspects frequently detained based on accusations rather 
than official investigations. Police corruption, impunity, and lack of 
effectiveness were problems. There were reports of retaliation against 
persons who complained about police abuses.
    The SPLA does not have law enforcement authority under the interim 
GOSS constitution, except when requested by civil authorities due to 
necessity; however, the SPLA detained persons, including in SPLA-run 
detention facilities.
    UNMIS regularly trained SSPS and SPLA personnel on a wide-range of 
security-related subjects during the year, but limited GOSS resources 
hampered the effectiveness of the training programs.
    Arrest and Detention.--Warrants are not required for an arrest. The 
Criminal Code permits authorities to detain individuals for three days 
without charge, which can be extended for 30 days by order of the 
director of security and another 30 days with the approval of the 
prosecuting attorney. Under the National Security Act, which superseded 
the Criminal Code, an individual accused of violating national security 
may be detained for three months without charge, and the director of 
security may extend this period for another three months. In practice, 
indefinite detentions were common. The law provides for the individual 
to be informed of the charges at the time of arrest and for judicial 
determination without undue delay, but these provisions were rarely 
followed.
    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 the north. Southern Sudan had no functioning bail 
system; suspects granted bail in exceptional cases were generally 
required to post exorbitant amounts as bond.
    Although the law provides for access to a lawyer, government 
security forces often held persons incommunicado for long periods in 
unknown locations without access to lawyers or family members. 
Following arrests of an unknown number of Darfuris in Khartoum and 
Omdurman after the May 10 JEM attack, lawyers belonging to the Darfur 
Bar Association volunteered to represent the detainees, but authorities 
severely restricted their access to the detainees and arrested some 
defense lawyers. Southern Sudan had fewer than 60 practicing defense 
lawyers, and no system of legal assistance.
    Individuals were arbitrarily arrested and detained. The NISS 
committed numerous arbitrary arrests. Authorities often detained 
persons for a few days before releasing them without charge, but many 
persons were held for much longer.
    Foreigners in Southern Sudan, generally Ugandans or Kenyans, were 
held for long periods without trial; authorities required the families 
of juveniles to sign for their release, resulting in indefinite 
detention for some juveniles from foreign countries.
    Journalists and NGO members were arrested, detained, and tortured 
during the year.
    Unlike in previous years, there were no reports of religious 
leaders being arrested and beaten.
    There were reports that some businessmen were held in detention 
without due process for failure to pay back large loans to Sudanese 
financial institutions.
    Security forces in the north often targeted southern women in IDP 
camps because they produced and sold traditional home brewed alcohol 
beverages; these women were arrested and imprisoned for up to six 
months under Shari'a.
    Women in Southern Sudan were frequently arrested and detained on 
suspicion of adultery.
    Lengthy pretrial detention was common. Trial delays were caused by 
large numbers of detainees and judicial inefficiency, such as the 
failure of judges to appear for court. In Southern Sudan, trial delays 
also resulted in unreasonably lengthy pretrial detentions, and persons 
were not provided prompt access to lawyers.
    The Government routinely imposed house arrest without due process.

    e. Denial of Fair Public Trial.--Although the Interim National 
Constitution and the law provide for an independent judiciary, the 
judiciary was largely subservient to the president or the security 
forces, particularly in cases of alleged crimes against the state. The 
judiciary was inefficient and subject to corruption.
    An executive-level judiciary committee recommends and the president 
appoints the chief justice and justices of the Supreme Court. The 
president appoints the Constitutional Court's seven members. On 
occasion courts displayed a degree of independence. However, political 
interference with the courts was commonplace.
    The judicial system includes four types of courts: regular, 
military, special, and tribal. In the regular court system, there are 
civil and criminal courts, appeals courts, and the Supreme Court. 
Military courts tried only military personnel and did not provide the 
same rights as civilian and criminal courts. Special courts existed in 
Darfur under the state of emergency to try crimes against the state. 
There were three such courts, one in each Darfur state capital; 
however, the courts did not function during the year. Tribal courts 
functioned in rural areas to resolve disputes over land and water 
rights, and family matters.
    In August the Ministry of Justice appointed a special prosecutor 
for crimes in Darfur, Nimr Ibrahim Mohamed. Human rights observers 
asserted that the special prosecutor was biased in favor of the ruling 
party, and that the process was not credible. The special prosecutor 
did not begin judicial proceedings against any persons for crimes in 
Darfur by year's end.
    Antiterrorism courts were set up to try persons arrested in 
connection with the May 10 JEM attack on Omdurman. Persons tried under 
these courts did not have the same rights as those tried in regular 
courts.
    In the south the GOSS employed a judicial system of traditional 
chiefs' courts, payam (district) courts, county judges, regional 
judges, and a court of appeals. Traditional courts have been formalized 
and integrated into the judicial system. The court system did not 
function in many areas due to lack of infrastructure, communications, 
funding, and an ineffective police force. The GOSS recognized 
traditional courts or courts of elders, which applied customary law to 
most cases in remote and rural areas of the south, including domestic 
matters and criminal cases.

    Trial Procedures.--The Interim National Constitution and law 
provide for fair and prompt trials as well as a presumption of 
innocence; however, this was often not respected. Trials were open to 
the public at the discretion of the judge. In cases of national 
security and offenses against the state, trials were usually closed. 
Juries are not used. The accused normally has 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. 
Defendants and their attorneys generally had the right to present 
evidence and witnesses; to be present in court; to confront accusers; 
and had access to government-held evidence relevant to their cases. 
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 did not allow the calling of defense witnesses. 
Defendants have a right to appeal, except in military trials, where 
there is no appeal.
    In both the north and south, women were usually not allowed to 
testify as witnesses without the backing of three men.
    Lawyers wishing to practice were required to maintain membership in 
the Government-controlled Sudanese Bar Association. The Government 
continued to arrest and harass members of the legal profession whom it 
considered political opponents, and did not allow the Darfur Bar 
Association to register as an NGO.
    Military trials, which sometimes were secret and brief, did not 
provide procedural safeguards. For example, the defendant's attorney 
could advise the defendant, but could not address the court. Witnesses 
may be permitted to appear at military trials.
    During the year the Ministry of Justice tried suspects, including 
children, in connection with the May 10 JEM attacks in antiterrorism 
courts under the Terrorism Act of 2001. Authorities did not permit 
defense lawyers consistent access to their clients; frequently changed 
venues and admission procedures at the last minute; and did not fully 
identify all the suspects. In August the court sentenced 42 defendants 
to death on charges of subverting the state and engaging in terrorism, 
and trials of 87 additional suspects were ongoing at year's end. 
Defense lawyers for the accused claimed that two were mentally ill. 
Nine children were tried in the courts: four of them were acquitted and 
released; the trials of five were ongoing; and one was sentenced to 
death and had on ongoing appeal.
    The Special Courts Act created special three person security courts 
to deal with violations of constitutional decrees, emergency 
regulations, and 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.
    Shari'a is applied in the north, but not in the south, under the 
Interim National Constitution. However, some judges in the south 
reportedly continued to follow Shari'a legal procedures. In the south, 
traditional or customary law was often used.
    In Southern Sudan, according to the UN, most persons sentenced to 
death had not had adequate legal representation.
    In parts of the south and the Nuba Mountains, where civil 
authorities and institutions did not operate, there were no effective 
judicial procedures beyond customary courts. According to credible 
reports, military units in those areas summarily tried and punished 
those accused of crimes, especially of offenses against civil order.

    Political Prisoners and Detainees.--The Government held an 
undetermined number of political detainees. Security forces detained 
without charge, abused, and held incommunicado political opponents. 
Detentions of such persons often were prolonged.
    The NISS arrested and detained large numbers of Darfuris in May and 
June following the May 10 JEM attack on Omdurman. Human rights 
organizations claimed that while most of the detainees were released, 
the Government continued to hold several hundred detainees without 
charges at year's end.
    Several members of SLA/Minni Minawi were arrested at their homes, 
beaten, and detained overnight following the May 10 JEM attack. Hassan 
al Turabi, leader of the Popular Congress Party (PCP), was also 
arrested and detained for 12 hours after the attack.
    PCP members were detained for short periods of time; members 
arrested in previous years remained in detention. Journalists and 
lawyers active in the PCP were also detained.
    The Government arrested and detained journalists.
    The Government did not permit international humanitarian 
organizations to have access to political detainees.

    Civil Judicial Procedures and Remedies.--There was access to a 
court for lawsuits seeking damages for human rights violations; 
however, the judiciary was not independent. There were problems 
enforcing domestic court orders.

    Property Restitution.--There were numerous ongoing disputes between 
the Government and various churches involving confiscated church 
property. There were no reports of court-ordered property restitution 
or compensation.
    There were reports that the Government's Merowe Dam Implementation 
Unit did not compensate nomads for land it took in 2006. During the 
year the Government closed the dam's flood gates, causing the water 
level to rise and civilians to be displaced. By year's end 
approximately 21,000 persons remained without adequate shelter or 
access to humanitarian assistance after refusing to settle on land 
provided for them, which they claimed was substandard and distant from 
their ancestral homelands along the Nile. In March the UN Special 
Rapporteur on the situation of human rights in Sudan was denied access 
to Northern State, where she had planned to meet with communities 
affected by the Merowe and planned Kajbar dams. On August 23, on Sai 
Island, police reportedly beat persons while dispersing a protest 
regarding the dams.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Interim National Constitution and law prohibit 
such actions, but the Government routinely violated these rights in 
practice.
    Security forces frequently conducted searches without warrants and 
targeted persons suspected of political crimes.
    In Darfur, throughout the year, government armed forces and aligned 
militia continued to bomb and burn villages, loot property, and 
attacked IDPs (See Section 1.g.).
    Police often entered IDP areas without a warrant in search of 
illegal alcohol brewing and often seized property unrelated to brewing. 
Police also extorted money from illegal alcohol brewers by threatening 
them with prison.
    The Government monitored private communication and movement of 
individuals without legal process. A wide network of government 
informants conducted surveillance in schools, universities, markets, 
workplaces, and neighborhoods.
    In several areas the Government sought to forcibly resettle or 
displace local populations. There were no developments in the case of 
12,000 persons displaced during the 2006 demolition of a squatter camp 
in Gezira State.
    The use of child soldiers in Darfur was a problem (See Section 
1.g.).
    Under Shari'a, a Muslim man may marry a non Muslim, but a Muslim 
woman cannot marry a non Muslim unless he converts to Islam; this 
prohibition was not observed or enforced universally in the south or 
among the Nubans. Non Muslims may adopt only non Muslim children; no 
such restrictions apply to Muslim parents.
    The Government detained persons for alleged violations by a member 
of their family.
    The GOSS generally did not interfere with privacy, home, or 
correspondence in the south; however, there were reports that rural 
detention centers held family members of accused persons who had fled 
before they could be arrested in the south.
    The use of child soldiers in the south was a problem (See Section 
1.g.).

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Darfur.--In Darfur fighting involving government, government-aligned 
militias, rebel groups, and ethnic groups continued during the year, 
and insecurity increased. The Government and government-aligned 
militias continued to attack villages; aerial bombardment of villages 
by the Government continued. Humanitarian access was restricted by the 
Government, and rebels attacked and abducted humanitarian workers. On 
May 10, JEM rebels attacked Omdurman, near Khartoum. On November 12, 
President Bashir announced a cease-fire in Darfur; however, government 
and rebel attacks continued. Intertribal violence also continued.
    A UN Panel of Experts report found that Chadian armed groups 
operate openly in Darfur, and are supplied and supported by Sudanese 
authorities. The panel noted that the NISS reportedly provides 
vehicles, weapons, and fuel to Chadian rebels and that Chadian rebels 
receive training in Darfur, including in SAF-controlled areas. Several 
Chadian rebel groups were observed operating openly in West Darfur. The 
panel frequently saw vehicles of the Chadian rebel group Union of 
Forces for Democracy and Development entering and leaving government 
installations.
    Attacks and other acts of violence by all parties to the conflict 
resulted in widespread civilian deaths and injuries, displacement, and 
property destruction. The use of rape as a weapon of war and 
recruitment of child soldiers continued to be widespread.

    Killings.--Government forces and government-aligned militias 
engaged in the deliberate killing of civilians, including continued 
aerial bombardment of civilian targets, such as homes, schools, and 
markets. According to several UN reports, the Government painted white 
the aircraft used to conduct bombing raids and transport arms to 
Darfur, the same color as UN aircraft, in violation of UN Security 
Council Resolution 1591. The aerial bombardment of villages was often 
followed by ground attacks by janjaweed and SAF vehicles.
    The SAF bombed rebel-held villages in West Darfur, displacing tens 
of thousands of civilians and killing many others. For example, on 
January 7, 12, and 24, the SAF and supporting militias attacked and 
burned Seraf Jidad village, killing 26 civilians. On February 8, the 
SAF bombed the towns of Abu Suruj, Silea, and Sirba-SAF and militia 
ground attacks followed; at least 115 persons were killed. In Silea 
attackers also killed two NGO workers. A UN report noted that the SAF 
and armed militias committed ``violations of international humanitarian 
and human rights law against the civilian populations of Seraf Jidad, 
Sirba, Silea, and Abu Suruj.'' In February the SAF also conducted 
several aerial bombings of JEM positions in and around Jebel Moon, 
displacing thousands, including some to Chad, and killing at least 20 
civilians.
    During the year aerial bombardments of villages in North Darfur 
killed civilians. For example, government bombing of Madu and Mou on 
March 29, and of Shegeg Karo on May 4, killed civilians. On September 
3, SAF aircraft bombed the villages of Birmaza and Diza; the bombings 
and follow-up ground attacks killed at least 20 civilians.
    The Government attacked IDPs, killing and injuring many. On August 
25, at Kalma IDP Camp, South Darfur, the CRP killed 33 IDPs and injured 
108 IDPs when they opened fire on a group of IDPs assembled to prevent 
a search of the camp. On October 9, government forces attacked Nertiti 
IDP Camp, injuring civilians.
    There was no evidence that the Government prosecuted or otherwise 
penalized attacking militias. Government forces provided support, 
weapons, and ammunition to government-aligned militias.
    Government security forces frequently fired on uniformed rebels in 
civilian areas, including those of DPA signatories. During a two-week 
period in May, 14 fighters with SLA/Minni Minawi were killed in North 
Darfur, including seven at a police checkpoint near the village of Dar 
Al Salaam.
    Conflicts between different government security forces resulted in 
civilian casualties.
    On April 9, janjaweed working in the BIF rode into the El Fasher 
market on horseback to protest unpaid salaries, and killed one civilian 
in the ensuing gun battle with local police.
    In July fighting between BIF and CRP forces in South Darfur killed 
one civilian.
    On August 28, fighting between the CRP and BIF in the South Darfur 
town of Mershing killed one civilian and wounded eight.
    Conflicts among different rebel groups in Darfur resulted in 
civilian casualties throughout the year. On May 21, in Kafoud, North 
Darfur, fighting between SLA/Minni Minawi and SLA/Free Will killed 13 
civilians and injured eight.
    There were developments in the September 2007 case of several 
hundred unidentified rebels who attacked an African Union Mission in 
Sudan camp in Haskanita, South Darfur, killing 10 peacekeepers and 
wounding many more. On November 20, the International Criminal Court 
(ICC) prosecutor requested an arrest warrant for three rebel commanders 
for war crimes pertaining to this attack; the names of the rebel 
commanders were not released by year's end. On December 9, the ICC 
pretrial chamber requested that the prosecutor first submit additional 
information.
    Unknown assailants killed 12 UNAMID peacekeeping troops during the 
year.
    For example, on July 8, hundreds of well-armed fighters ambushed a 
UNAMID convoy east of Shagil Tobaya in an attack lasting several hours; 
seven peacekeepers and police officers were killed and 22 wounded. By 
year's end no suspects had been arrested and no specific rebel groups 
had been formally accused of attacking the convoy.
    On July 10, a UNAMID officer was killed in his vehicle in West 
Darfur by unknown assailants.
    Intertribal fighting also resulted in the killings of civilians, 
particularly in South Darfur.
    For example, fighting in June between the Tarjam and Benihalba Arab 
tribes in South Darfur resulted in more than 100 deaths, including of a 
Benihalba sheikh who had attempted to mediate between the two parties. 
SAF aerial bombardment of Benihalba villages following the fighting 
resulted in an unknown number of deaths.
    In July and August, in South Darfur, fighting between the Rizeigat 
and Misseriya Arab tribes killed at least 60 persons.
    In October, near Abu Dangal village and Muhajeria town, in South 
Darfur, interethnic fighting and ethnic militia attacks destroyed 
villages, killed persons, and displaced thousands.

    Physical Abuse, Punishment, and Torture.--All parties to the 
conflict perpetrated acts of torture and abuse. The Government abused 
persons detained after armed conflict as well as IDPs suspected of 
having links to rebel groups. There were continued reports that 
janjaweed, rebels, and government security forces raped women and 
children.
    In 2005 the UN noted the ``widespread and systematic'' prevalence 
of sexual violence in Darfur directed against women and girls, and this 
trend continued during the year. Women and girls in IDP camps 
frequently reported rapes by ``men in uniform,'' and their assailants 
generally beat them and threatened to kill them.
    For example, there were reports that janjaweed raped children 
during the February 8 SAF attacks in West Darfur. In March, in Nyala, 
government soldiers raped two 14-year-old girls. On August 19, an IDP 
spokesman reported that janjaweed raped two girls and one woman after 
they left the camp to gather firewood. UNAMID reported that armed men 
in uniform raped two girls, age 11 and 12, in November in North Darfur.
    Authorities often obstructed access to justice for rape victims, 
and during the year only one person was convicted of rape in Darfur.
    A report by the Darfur Consortium documented several cases from 
2003 to 2007 in which the janjaweed abducted persons for varying 
lengths of time, and raped or used them for forced labor. The report 
also cites other such incidents involving the SAF and the Popular 
Defense Forces (PDF).

    Child Soldiers.--Recruitment of child soldiers remained a serious 
problem in Darfur.
    A 2007 UN report cited the SAF, police including the CRP, 
janjaweed, government-aligned PDF, and Darfur rebel groups JEM, the 
SLA/Gasim, the SLA/Free Will, the SLA/Minni Minawi, the SLA/Abdul 
Wahid, and the SLA/Shafi as recruiting or using child soldiers. The UN 
report also cited recruitment or use of child soldiers by Chadian rebel 
forces operating inside Sudan. Darfur rebel groups also recruited child 
soldiers in the Sudanese refugee camps in Chad.
    The JEM used child soldiers as part of the May 10 attack. 
Government authorities detained 109 children in connection with the 
attack. Most were sent to a detention facility for children after 
having been initially held along with adults for several days. UN 
officials described the conditions in the separate facility as good. 
However, some children were not sent to the separate facility and were 
detained with adults. Ninety-nine of the children were pardoned and 
released; four were tried, acquitted and released; five had ongoing 
trials and remained detained; and one, who was given a death sentence, 
was going through an appeal process.
    In June 2007 UNICEF signed an action plan with SLA/Minni Minawi 
that committed the rebel group to identify locations of child soldiers; 
however, SLA/Minni Minawi continued to use child soldiers. In August 
UNAMID officers visited an SLA/Minni Minawi encampment and observed 
numerous boys bearing arms intermingled with older soldiers.

    Other Conflict-Related Abuses.--All parties to the conflict 
obstructed the work of humanitarian organizations, caused the 
displacement of approximately 315,000 civilians during the year, and 
abused IDPs.
    The Government continued to restrict and obstruct humanitarian 
assistance to Darfur, despite the March 2007 Joint Communique between 
the Government and the UN.
    Government forces frequently harassed NGOs that received 
international assistance. The Government often shut down NGO offices; 
restricted or denied humanitarian assessments; copied NGO files; 
confiscated NGO property; questioned humanitarian workers at length; 
monitored humanitarian workers' personal correspondence; and publicly 
accused humanitarian workers of being ``spies,'' ``Western agents,'' 
and ``workers for Israel.''
    The Government frequently changed procedures pertaining to NGOs 
operating in Darfur.
    Government officials did not issue visas and travel permits for 
international humanitarian workers on a timely basis despite agreements 
to do so.
    Policy discrepancies between Darfur state-level and Khartoum-based 
officials in the Humanitarian Affairs Commission (HAC) adversely 
affected humanitarian operations.
    The HAC continued to request that NGOs refrain from interviewing or 
selecting staff unless they used a five-person government selection 
panel and had HAC officials present, significantly delaying the hiring 
of new staff in Darfur.
    The HAC also continued to impose new additional requirements on 
humanitarian organizations during the year, including for medical 
supply documentation, regional and local governmental approvals, and 
travel.
    On January 7, near Tine, SAF personnel shot at a UNAMID convoy, 
injuring a driver and damaging an armored personnel carrier and diesel 
tanker.
    Rebel forces and bandits obstructed humanitarian assistance, 
regularly attacked the compounds of humanitarian organizations, and 
seized humanitarian aid, assets, and vehicles. Attacks against 
humanitarian convoys increased during the year. Instability forced many 
international aid organizations to scale back their operations in 
Darfur.
    According to the UN, bandits and other armed persons killed 11 
humanitarian workers, abducted 189 staff, hijacked 261 vehicles, and 
broke into 172 humanitarian compounds during the year as of November 
30.
    In May increased attacks on humanitarian convoys forced the World 
Food Program (WFP) to cut food rations in Darfur by 50 percent. WFP was 
able to restore full rations by year's end due to relative improvements 
in the security situation and the opening of alternative road corridors 
with the end of the rainy season.
    According to the UN, nearly 2.7 million civilians have been 
internally displaced, and approximately 250,000 refugees have fled to 
neighboring Chad since the conflict in Darfur began in 2003. Despite 
the signing of the DPA in May 2006, continued attacks and violence in 
Darfur, perpetrated by all parties to the conflict, resulted in 315,000 
new displacements during the year, and some existing IDPs were 
displaced for the second or third time. Darfur IDPs did not return in 
any significant numbers to their places of origin, although small-scale 
spontaneous returns to certain villages occurred.
    There were numerous reports of abuses committed by security forces, 
rebels, and militias against IDPs, including rapes, beatings, and 
attempts by the Government to forcibly return relocated persons to 
other sites. There were credible reports that the Government harassed 
IDPs in Darfur who spoke with foreign observers.
    Insecurity in Darfur, especially outside of IDP camps, restricted 
IDPs' freedom of movement; women and girls who left the town and camps 
risked sexual violence.
    On May 12, the CRP burned the market and several homes in Rwanda 
IDP Camp, causing camp residents to flee.
    The Government forced IDPs to relocate to alternative IDP camps or 
other sites.
    Following several days of interethnic clashes inside Kalma IDP 
Camp, on October 20 the governor of South Darfur announced plans to 
divide the camp into nine smaller camps. At year's end, approximately 
20,000 of the estimated 90,000 residents had left the camp as a result 
of the clashes. According to the International Organization on 
Migration, Sudanese security forces and the Government's Humanitarian 
Affairs Commission forcibly relocated approximately 500 IDP households 
between October 26 and October 28.
    Kalma Camp representatives accused the local government of shifting 
the course of a major river in Nyala, causing it to flow through the 
camp and displacing thousands of IDPs within the camp.
    There were reports that the Government forced or coerced IDPs to 
return to their villages by promising food and money; however, most 
IDPs who returned to the villages to receive the assistance later 
returned to the IDP camps. Government attempts to resettle IDPs were 
generally unsuccessful.
    The Government provided little assistance or protection to IDPs in 
Darfur. Most IDP camps had no functioning police force.
    In October government authorities arrested a Khartoum journalist 
who translated an elderly IDP's statement from Zaghawa into Arabic for 
a visiting Qatari envoy; he was later released.
    International observers noted that criminal gangs aligned with 
rebel groups operated openly in several IDP camps, as well as operated 
back-and-forth across the border with Chad.

    Southern Sudan.--Tensions over CPA implementation persisted. 
Civilians were killed and displaced by fighting in Abyei from May 14 to 
22 and from December 12 to 13; LRA attacks along the country's southern 
border; and regularly occurring intertribal fighting, including between 
police and SPLA soldiers of different tribes.
    According to the UN, approximately 2.1 million persons returned to 
Southern Sudan and the Three Areas (Abyei, the Nuba Mountains, and Blue 
Nile) since 2005. These persons had been displaced as a result of 
conflict, famine, and fighting during the north-south conflict.
    Fighting between the SAF and SPLA from May 14 to 22 destroyed much 
of the town of Abyei, caused hundreds of casualties among combatants 
and civilians, and displaced more than 50,000 persons.
    On June 8, the presidency endorsed the Abyei roadmap agreement. The 
agreement includes provisions for the deployment of new joint 
integrated units (units composed of SAF and SPLA forces), the return of 
IDPs, administration and wealth sharing, and arbitration to resolve 
disagreements regarding the Abyei Boundaries Commission's findings (a 
commission established under the CPA to define Abyei's boundaries). 
Implementation of the agreement was slow. By December a tribunal to 
arbitrate the disagreement over the ABC report had been established, 
its members appointed, and the Government and SPLA/M had submitted 
briefs. On November 11, a chief administrator of Abyei and five other 
administration members were appointed; however, the administration did 
not have an operating budget. New joint integrated units and police 
were put in place, but a small number of SPLA and SAF troops remained 
in the area.
    On December 12 and 13, in Abyei town, clashes between joint 
integrated units and joint integrated police units killed approximately 
two civilians and caused thousands of civilians to flee the town. At 
year's end the joint integrated units were withdrawn from Abyei town, 
and the joint integrated police units were given responsibility for law 
enforcement.
    Few of those displaced by the May 14-22 and the December 12-13 
fighting returned.
    In previous years members of the Government-allied PDF were 
responsible for the deaths of numerous civilians and returning IDPs; no 
specific information was available during the year.
    Intertribal and intercommunal clashes also resulted in hundreds of 
civilian deaths and displacement.
    On March 9 and 10, interethnic attacks in Tonj County, Warrap State 
killed 67, injured 117, and displaced 2,600 persons.
    On April 22, 92 persons were reportedly killed during fighting 
between Dinka Luach of Warrap State and Dinka Pakam of Lakes State.
    In April and May, in the villages of El Sunnut and Abu Junuk in 
Southern Kordofan State, armed conflict between Misseriya Arab and Nuba 
ethnic groups displaced approximately 5,000 persons.
    In February fighting in Jonglei State between the SSPS and the SPLA 
displaced more than 3,500 persons.

    Child Soldiers.--A 2007 UN report cited the SAF, South Sudan 
Defense Forces, including those of Major-General Gabriel Tang Ginyi, 
the SPLA, and the Pibor Defense Forces (a local militia in the south) 
as recruiting or using child soldiers.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Interim National Constitution 
provides for freedom of thought, expression, and of the press ``as 
regulated by la.''; however, the Government severely restricted these 
rights in practice. Restrictions on the media increased during the 
year. The Government, through the NISS, continued to censor print and 
broadcast media, ban the printing of newspapers, and harass vocal 
critics of the Government. The Government controlled media through the 
National Press Council, which administered mandatory professional exams 
for journalists and editors. Journalists also practiced self-
censorship.
    Individuals who criticized the Government publically or privately 
were subject to reprisal, including arrest. The Government attempted to 
impede such criticism, and monitored political meetings.
    The Government directly controlled some print media outlets and 
exerted a great degree of control over the limited number of 
independent newspapers, including through direct censorship.
    The Government directly controlled radio and television and 
required that both reflect government policies. Some foreign shortwave 
radio broadcasts were available. A private FM radio station continued 
to operate, and UN radio operated throughout the country. In addition 
to domestic and satellite television services, there was a pay cable 
network, which directly rebroadcast uncensored foreign news and other 
programs.
    The Government restricted international media in the north. While 
some foreign journalists were denied visas, others had regular access 
to opposition politicians, rebels, and civil society advocates.
    Journalists were subjected to arrest, harassment, intimidation, and 
violence due to their reporting.
    In February the Government detained overnight Sid Ahmed Khalifa and 
Adil Sid Ahmed, the editor and deputy editor of Al-Watan, after they 
published an article regarding the police.
    On May 18, the NISS arrested Al Ghali Shegifat, a journalist for 
the independent Rai Al-shaab newspaper, and head of the Darfur 
Journalists Association. Shegifat was held for 60 days without charges, 
and was beaten regularly during his confinement.
    On November 1, journalist Salah Bab Allah of Al Entibaha was 
reportedly arrested after he wrote an article on hemorrhagic fever; he 
was later released.
    On November 17, police arrested approximately 70 demonstrators, 
many of whom were journalists, during a protest against censorship. The 
protesters were subsequently released.
    The Government directly censored the media.
    In March the NISS instituted a policy that required newspaper 
editors to bring their broadsheets to NISS headquarters for review 
before printing. Censors removed controversial articles before 
newspapers were printed at a government-controlled printing press.
    In May three Arabic-language newspapers were shut down for refusing 
to comply with the NISS policy. After several days of negotiations, the 
NISS instituted a new policy requiring newspapers to permit NISS 
censors to review newspapers each evening in their respective editorial 
offices. Human rights lawyers estimated that censors removed an average 
of five press articles each day.
    Authorities similarly harassed English-language newspapers whose 
primary readership was southerners. According to editors of The Citizen 
and The Khartoum Monitor, two daily newspapers printed in Khartoum, in 
September authorities refused the newspapers permission to print in 
Khartoum after both printed articles critical of the Government's 
policy in Darfur. The editors temporarily printed The Citizen and The 
Khartoum Monitor in Uganda. The Sudan Tribune was also banned from 
printing in Khartoum on September 1; the ban was lifted approximately 
one week later. By year's end all three newspapers had resumed printing 
in Khartoum.
    Authorities in Southern Sudan generally respected press freedom, 
although there were some reports of harassment of journalists. For 
example, on October 10, in Juba, GOSS authorities arrested Nhial Bol, 
editor of The Citizen, after he published an article regarding 
corruption. On October 12, he was released on bail.

    Internet Freedom.--The Government monitored Internet 
communications, and the NISS read e-mail messages between private 
citizens. Some Web sites deemed offensive to public morality were 
blocked by the National Telecommunications Corporation, as were most 
proxy servers. While there generally were no restrictions on access to 
news and information Web sites, authorities briefly blocked access to 
youtube.com. Internet access was generally available and widely used in 
urban areas, but it was limited by lack of infrastructure outside of 
cities.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom. In public universities, the Government appointed the 
vice chancellors, who were responsible for administering the 
institutions. The Government also determined the curriculum. Some 
universities required students to participate regularly in 
progovernment rallies and other activities. Some professors exercised 
self-censorship.
    The Government frequently censored films, especially those imported 
from the West, if they were deemed offensive to public morality.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Although the Interim National Constitution and law provide 
for freedom of assembly, the Government severely restricted this right 
in practice. The Government formally banned all rallies and public 
demonstrations in the country, although this was not always enforced.
    Islamic orders associated with opposition political parties, 
particularly the Ansar (Umma Party) and Khatmiya (Democratic Unionist 
Party), continued to be denied permission to hold large public 
gatherings, but did hold regular opposition rallies on private 
property. Government security agents occasionally attended opposition 
political meetings, disrupted opposition rallies, and summoned 
participants to security headquarters for questioning after political 
meetings.
    Police use of excessive force to disperse demonstrators resulted in 
deaths and injuries.
    On May 21, SAF soldiers shot student protestors, killing two and 
injuring 15, at Ed Damazin SAF training camp.
    On July 27, police killed two demonstrators in White Nile.
    On November 17, police arrested approximately 70 demonstrators, 
many of whom were journalists, during a protest against censorship. The 
protesters were subsequently released.
    Authorities took no action against security force members who used 
excessive force.
    In the south, on November 11, in Central Equatoria State, teachers 
and students violently protested the nonpayment of teachers' salaries. 
The UN reported that two student protestors were injured during clashes 
with GOSS authorities, one of whom later died as a result of his 
injuries.

    Freedom of Association.--The Interim National Constitution and law 
provide for freedom of association, but the Government severely 
restricted this right in practice. Although there were 20 officially 
registered political parties, the law effectively prohibits political 
parties linked to armed opposition to the Government.
    The Government continued to harass some opposition leaders who 
spoke with foreign organizations or embassies.
    The Government did not allow the Darfur Bar Association the right 
to register as an NGO.

    c. Freedom of Religion.--The Interim National Constitution and law 
provide for freedom of worship throughout the country; however, the 
Government continued to place restrictions on non-Muslims, non-Arab 
Muslims, and Muslims from tribes or sects not affiliated with the 
ruling party. The NCP, which originally came into power with a goal of 
Islamization, treated Islam as the state religion, declaring that Islam 
must inspire the country's laws, institutions, and policies.
    Religious organizations, including churches, were subject to the 
same restrictions placed on nonreligious corporations. Although the law 
requires religious groups to register to be recognized or to assemble 
legally, registration reportedly was no longer necessary, and churches, 
including the Catholic Church, declined to register.
    Blasphemy and defaming religion are punishable by imprisonment in 
the north, although these restrictions were rarely enforced.
    The Commission for the Rights of Non-Muslims in the National 
Capital, a CPA mechanism for protecting religious freedom, issued 
regular reports and recommendations to the Government.
    The construction and use of houses of worship required government 
approval. Three new churches in Khartoum were under construction during 
the year.
    Under the state-mandated curriculum, all schools in the north- 
including private schools operated by Christian groups-are required to 
teach Islamic education classes from preschool through university.
    While the law permits non Muslims to convert to Islam, conversion 
by a Muslim is punishable by death. Authorities occasionally subjected 
converts to intense scrutiny, ostracism, or intimidation, or encouraged 
them to leave the country; however, there were no reports of conversion 
punished by death.
    Foreign Christian religious workers, including priests and 
teachers, experienced lengthy delays in obtaining visas.
    The NISS routinely monitored religious activities at mosques and 
churches.
    Various governmental bodies have decreed that women must dress 
modestly according to Islamic standards, including wearing a head 
covering, and there were isolated instances in which police in the 
north and south arrested women for their dress. However, women often 
appeared in public wearing trousers or with their heads uncovered. In 
Khartoum persons known as religious police, who were not government 
officials, occasionally demanded that women pay on-the-spot fines for 
violating Islamic standards.
    In the south, Christians, Muslims, and followers of traditional 
indigenous beliefs generally worshiped freely. The GOSS officially 
favored secular government. Christians dominated the GOSS. Local 
government authorities often had a close relationship with local 
Christian religious leaders.

    Societal Abuses and Discrimination.--Muslims in the north who 
express an interest in Christianity or convert to Christianity faced 
severe social pressure. Christians reported pressure on children in 
school; some teachers and media characterized non-Muslims as 
nonbelievers.
    There 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.
    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 applying for government jobs and contracts in the north and 
government-controlled southern areas.
    The Jewish community remained small, and there were no reports of 
anti-Semitic violence during the year; however, government officials 
made anti-Semitic comments, and government-controlled newspapers 
featured anti-Semitic caricatures.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The Interim National Constitution and 
law provide for freedom of movement, foreign travel, emigration, and 
repatriation, but the Government restricted these rights in practice.
    While movement was generally unhindered for citizens outside 
conflict areas, foreigners needed government permission for domestic 
travel outside of Khartoum, which could be difficult to obtain and was 
sometimes refused. Foreigners were required to register with the police 
on entering the country, obtain permission to move more than 25 
kilometers outside of Khartoum and from one city to another, and 
reregister at each new location within three days of arrival. The GOSS 
did not restrict the movement of foreigners in the south, and did not 
require foreigners to register upon entry.
    The Government continued to delay issuance of entry visas and work 
or travel permits for Darfur and the Three Areas to foreign NGO staff. 
The Government delayed issuing humanitarian and diplomatic visas, and 
nationals of many countries encountered difficulties in obtaining visas 
to work with NGOs.
    In contrast to previous years, there were no reports that the 
Government detained persons, particularly opposition political figures, 
at the airport and prevented them from traveling, citing security 
concerns.
    The Government required citizens to obtain an exit visa to depart 
the country. While the issuance of exit visas was usually pro forma and 
not used to restrict citizens' travel, the Government did deny some 
humanitarian workers exit visas.
    Women cannot travel abroad without the permission of their husbands 
or male guardians; however, this prohibition was not applied in the 
south and was not strictly enforced for members of the NCP.
    The law prohibits forced exile, and the Government did not use it. 
Opposition leaders remained in self imposed exile throughout northern 
Africa and Europe during the year.

    Internally Displaced Persons.--In Darfur, approximately 2.7 million 
civilians have been internally displaced since the conflict began in 
2003. During the year approximately 315,000 civilians were displaced 
within Darfur and to Chad. Many persons were displaced for the second 
or third time during the year (See Section 1.g).
    Since 2005 an estimated 2.1 million IDPs and refugees returned to 
the south. Approximately 28,500 IDPs returned to their places of origin 
and 62,000 refugees returned during the year either as a part of 
organized or assisted returns. Fighting in Abyei, intertribal and 
intercommunal fighting, and LRA attacks displaced persons during the 
year (See Sections 1.a. and 1.g.)
    Approximately 379,000 Sudanese refugees resided in neighboring 
countries because of the conflicts in the south and Darfur. Some 
250,000 refugees from Darfur were in Chad. Others were in countries 
including Uganda, Kenya, Ethiopia, and Egypt.
    There was a report that the Government destroyed thousands of homes 
in an IDP settlement known as Mandela, located near Khartoum.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 did not provide protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    The Government granted asylum to a large number of asylum seekers, 
but there was no standard determination procedure or documentation. 
Government officials reportedly were unresponsive to applications for 
refugee status.
    In previous years there were reports of abuses against Ethiopian 
refugees, although there was no specific information on such actions 
during the year.
    The Government also provided temporary protection to individuals 
who might not qualify as refugees under the 1951 convention and the 
1967 protocol.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian assistance 
organizations in assisting refugees and asylum seekers in some cases; 
in others, the Government defied agreements and targeted refugees and 
asylum seekers for abuse.
    Child refugees did not receive free primary school education nor 
were they treated as citizens as required by the 1951 convention. 
Refugees were vulnerable to arbitrary arrests, harassment, and beatings 
because applicants did not receive identification cards while awaiting 
government determination of refugee status. Refugees could not become 
resident aliens or citizens, regardless of their length of stay. 
Refugees were not entitled to work permits.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the Interim National Constitution provides citizens the 
right to change their government peacefully, the CPA established an 
interim government; under the CPA, national elections are scheduled for 
2009.
    The Interim National Constitution provides for power sharing 
nationwide between the NCP and the SPLM. The DPA, which was 
incorporated into the interim constitution upon its signing, contains 
provisions for power sharing and the inclusion of Darfuris at all 
levels of government; however, the majority of the power-sharing 
provisions in the DPA remained unimplemented at year's end.
    The Interim National Constitution established a three-member 
presidency to head the Government, consisting of a president, Omar 
Hassan al-Bashir (NCP); a first vice President, Salva Kiir Mayardit 
(SPLM), the president of the GOSS; and a vice president, Ali Osman Taha 
(NCP), who was formerly the country's first vice president. The DPA 
created a fourth ranking member in the presidency, a senior assistant 
to the president, Minni Minawi, leader of the Darfur rebel group SLA/
Minawi. Minawi returned to his troops in Darfur in July, citing lack of 
progress on DPA implementation, although he did not officially withdraw 
from the GNU; he returned to his position in Khartoum by year's end.
    A bicameral legislature is composed of the 450-member National 
Assembly and 52-member Council of States. Legislative and cabinet 
positions are allocated by a CPA-specified formula that reserves 52 
percent of the positions for the NCP, 28 percent for the SPLM, 14 
percent for northern opposition parties, including those from Darfur, 
and 6 percent for southern opposition parties.
    GNU members took office in 2005, and in October of that year Salva 
Kiir Mayardit, the country's first vice president and president of the 
GOSS, appointed the GOSS cabinet. At the same time, Kiir appointed 
governors of the 10 states of Southern Sudan, and each southern state 
also formed its legislative assembly with 48 members allocated 
proportionally as stipulated in the CPA: 70 percent to the SPLM, 15 
percent to the NCP, and 15 percent to other southern political groups. 
Southern Sudan's legislative assembly approved an interim constitution 
in 2005, which President Kiir signed in December of that year.
    The DPA-mandated TDRA, headed by Minawi, and charged with 
implementing the DPA and promoting coordination and cooperation among 
the three Darfur states, was established in April 2007, but the 
Government withheld 99 percent of its budget during the year.

    Elections and Political Participation.--Presidential and 
parliamentary elections were last held in 2000; they were marked by 
serious irregularities, including official interference, electoral 
fraud, insufficient opportunities for voters to register, and 
inadequate election monitoring. All major opposition parties boycotted 
the elections.
    A national census, called for under the CPA to be held no later 
than July 2007, was conducted from April 22 to May 6. The CPA states 
that certain power sharing provisions of the agreement are to be 
adjusted based on the census results. The presidency scheduled the 
census for April 15 to 30, but it was further postponed until April 22 
after the GOSS announced a delay due to concerns regarding the number 
of IDPs from the south who remained in the north, the exclusion of 
questions on ethnicity and religion, border demarcation, insecurity 
along the north-south border, and unexpected and heavy rainfall. 
According to the UN, the census was supported by most of the 
population; however, the UN noted that Darfur IDPs in several camps 
opposed the census and did not participate; areas in West Darfur and 
Southern Darfur were not accessible due to insecurity; irregularities 
occurred in Southern Kordofan due to a deputy governor's decree to 
boycott; and insecurity and logistical problems limited access of 
enumerators to certain areas in the south. The census results were 
still pending at year's end.
    On July 7, a new election law was signed, but opposition activists 
from smaller political parties asserted that the law favored the NCP 
and SPLM. On November 25, the national electoral commission was formed.
    The law permits the existence of political parties, but prohibits 
parties linked to armed opposition to the Government, and the 
Government routinely denied permission for, or disrupted, gatherings 
viewed as politically oriented. Security forces arrested, detained, and 
abused political opponents. Unlike in 2007, there were no reports that 
security forces raided the offices of political parties during the 
year.
    Women had the right to vote. There were approximately 70 women in 
the 450-seat National Assembly, three national female state ministers, 
and one female minister in the GNU. The GOSS agreed to set aside 25 
percent of all government positions for women, although in practice 
representation was far short of that goal. The DPA also includes 
provisions to ensure the representation of women at all levels of 
government; however, in practice, there were few women in government in 
Darfur.

    Government Corruption and Transparency.--The law does not provide 
criminal penalties for official corruption, and the World Bank's 2008 
Worldwide Governance Indicators reflected that corruption was a severe 
problem. Government officials frequently engaged in corrupt practices. 
The Government did not investigate officials suspected of corruption. 
Government officials were not subject to financial disclosure laws.
    There were no laws providing for public access to government 
information, and the Government did not provide such access.
    In Southern Sudan GOSS officials often engaged in corrupt practices 
with impunity. Corruption was a problem in all branches of the GOSS.
    The GOSS granted access to government information for citizens and 
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government restricted and harassed domestic and international 
human rights organizations.
    Various local human rights groups were active in the country, but 
they suffered from government harassment, particularly those groups 
reporting on sexual violence. The Government was generally 
uncooperative with and unresponsive to domestic human rights groups. 
Members of local human rights organizations were subject to arrest and 
detention. Local human rights organizations include the Khartoum Center 
for Human Rights and the Sudan Development Organization.
    The Government did not allow the Darfur Bar Association the right 
to register as an NGO.
    Humanitarian NGOs operating in Darfur continued to face 
bureaucratic impediments to their work, especially in South Darfur 
state. All NGOs must register with the HAC, the Government's entity for 
regulating humanitarian efforts. In 2005 the HAC assumed a role in 
hiring NGO national staff, which caused major delays in hiring new 
staff for Darfur and resulted in some NGO selections not being 
considered. During the year the HAC often changed its rules and 
regulations without prior notification.
    There were no developments in the 2007 case of more than 50 local 
human rights NGOs suspended by the South Darfur HAC.
    The Government continued to use bureaucratic impediments to 
restrict the actions of humanitarian organizations, despite the March 
2007 Joint Communique between the Government and the UN. Rebels and 
other armed bandits abducted NGO workers and contractors, particularly 
in Darfur. Banditry and armed robbery of humanitarian convoys by rebel 
groups in Darfur was common.
    The UN continued to investigate the humanitarian situation in 
Darfur. The UNHCR and the UN special rapporteur on the situation of 
human rights in Sudan visited the country during the year. The special 
rapporteur was not permitted access to Northern State. The rapporteur 
reported to the UN on conditions in the country and concluded that, 
``Despite some steps by the Government of Sudan principally in the area 
of law reform, the human rights situation on the ground remains grim, 
with many interlocutors even reporting an overall deterioration in the 
country.'' UNMIS deployed observers to Darfur to monitor and 
investigate the human rights situation.
    The Government's Advisory Council for Human Rights did not respond 
to requests of international organizations for investigations into 
human rights violations, and did not provide lists of detained 
individuals to the international community.
    In Southern Sudan, the South Sudan Council for Human Rights 
operated somewhat independently. Its members were appointed by the 
president of the GOSS. The council cooperated with international human 
rights advocates and submitted regular reports and recommendations to 
the GOSS.
    In 2005 UN Security Council Resolution 1593 referred the situation 
in Darfur to the prosecutor of the ICC. The same year the ICC chief 
prosecutor opened an investigation into Darfur without the cooperation 
of the Government, which refused to hand over any alleged perpetrators 
associated with the conflict.
    On November 20, the ICC prosecutor requested an arrest warrant for 
three rebel commanders for war crimes pertaining to the 2007 attack on 
African Union peacekeepers at Haskanita. On December 9, the ICC 
Pretrial Chamber requested that the prosecutor submit additional 
information pertaining to the request for a warrant.
    On July 14, the ICC prosecutor requested an arrest warrant for 
President Bashir for genocide, crimes against humanity, and war crimes 
in Darfur. On October 15, the pretrial chamber requested that the 
prosecutor submit additional information pertaining to the request for 
a warrant, and the prosecutor did so in November.
    In April 2007 the ICC Pretrial Chamber issued warrants of arrest 
for Ahmad Muhammad Haroun, state minister for humanitarian affairs, and 
Ali Muhammad Abd al-Rahman, also known as ``Ali Kushayb,'' a janjaweed 
militia commander, for the commission of war crimes and crimes against 
humanity in Darfur. In September government officials announced they 
arrested Kushayb, but human rights advocates indicated that the 
information was not correct. Kushayb's whereabouts were unknown at the 
end of the year.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The Interim National Constitution prohibits discrimination based on 
race and gender, but the Government did not effectively enforce these 
provisions. The law does not address discrimination based on 
disability, language, or social status.

    Women.--The punishment for rape under the law varies from 100 
lashes to 10 years' imprisonment to death; however, the Government did 
not effectively enforce these provisions. In most rape cases 
convictions were not publicized; however, observers believed that 
sentences often were less than the legal maximum. Spousal rape is not 
addressed in the law. There was no information available on the total 
number of persons who were prosecuted, convicted, or punished for rape.
    Rape of women and girls throughout the country, including 
systematic rape in Darfur, continued to be a serious problem (See 
Section 1.g.). Authorities often obstructed access to justice for rape 
victims, and during the year only one person was convicted of rape in 
Darfur.
    Many victims did not report their cases either to family or 
authorities for fear they would be punished or arrested for ``illegal 
pregnancy.'' The police arrested unmarried pregnant women who claimed 
to have been raped. Unless a rape victim could provide proof of the 
crime, she could be charged with the capital offense of adultery.
    The law does not specifically prohibit domestic violence. Violence, 
including spousal abuse, against women was common, although there were 
no reliable statistics on its prevalence. Women who filed claims were 
subjected to accusations of lying or spreading false information, 
harassment, or detention, which made many women reluctant to file 
formal complaints, although such abuse constituted grounds for divorce. 
The police normally did not intervene in domestic disputes. Statistics 
on the number of abusers prosecuted, convicted, or punished were not 
available. Prostitution is illegal but widespread throughout the 
country.
    While no law specifically prohibits sexual harassment, the law does 
prohibit gross indecency, which is defined as any act contrary to 
another person's modesty. The penalty for gross indecency is 
imprisonment of up to one year and 40 lashes. Harassment reportedly 
occurred, although reliable statistics were not available. There were 
frequent reports of sexual harassment by police in Darfur and 
elsewhere.
    Some aspects of the law discriminated against women, including many 
traditional legal practices and certain provisions of Shari'a as 
interpreted and applied by the Government. In accordance with Shari'a, 
a Muslim 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.
    A Muslim woman cannot legally marry a non-Muslim unless he converts 
to Islam. This prohibition usually was neither observed nor enforced in 
areas of the south or among Nubans (most of whom were Muslim).
    Traditional or customary courts in the south routinely imprisoned 
women for lengthy pretrial detention on allegations of adultery.
    Women cannot travel abroad without the permission of their husbands 
or male guardians; however, this prohibition was not enforced strictly.
    To obtain an exit visa, children must receive the permission of 
their father or a paternal uncle. Women cannot apply for exit visas for 
their children.
    Various governmental bodies have decreed that women must dress 
modestly according to Islamic standards, including wearing a head 
covering, and there were isolated instances in which police in the 
north and south arrested women for their dress. However, women often 
appeared in public wearing trousers or with their heads uncovered. In 
Khartoum, persons known as religious police, who were not government 
officials, occasionally demanded that women pay on-the-spot fines for 
violating Islamic standards.
    Women experienced economic discrimination in access to employment, 
credit, and pay for substantially similar work, and owning or managing 
businesses.
    Women were accepted in professional roles; more than half the 
professors at Khartoum University were women.

    Children.--The Government was somewhat committed to children's 
rights and welfare, but there were great disparities by region. The 
Government cooperated with UNICEF on the issues of child health, FGM, 
and child soldiers; however, significant problems continued.
    The Government did not register all births immediately.
    The law provides for free basic education up to eighth grade; 
however, students often had to pay school, uniform, and exam fees. In 
the north the primary school enrollment rate was approximately 68 
percent in 2005. Boys and girls generally had equal access to primary 
education, although girls were more affected by early marriage and the 
fact that many families with restricted income chose to send sons and 
not daughters to school. In Darfur information on enrollment rates was 
unavailable, but few children outside of cities had access to primary 
education. Primary school enrollment in the south tripled since 2005, 
according to UNICEF; however, lack of schools remained a serious 
problem in the south, and girls in the south did not have equal access 
to education.
    In 2005 UNICEF reported that in Southern Sudan, which has an 
estimated population of seven million, only approximately 500 girls 
completed primary school each year; the primary school completion rate 
for girls was estimated at 1 percent.
    Many children were abused, abducted, or used as slaves. Child labor 
remained a problem.
    Female genital mutilation (FGM) remained widespread, particularly 
in the north, where a 2005 UNICEF estimate put prevalence at 90 
percent. The law does not prohibit FGM. While a growing number of 
urban, educated families no longer practiced FGM, there were reports 
that the prevalence of FGM in Darfur had increased as persons moved to 
cities. The Government actively campaigned against it. Several NGOs 
worked to eradicate FGM.
    The law establishes the legal age of marriage as 10 for girls and 
15 or puberty for boys. There were no reliable statistics on the extent 
of child marriage, but child marriage was a problem.
    Child prostitution, trafficking of children, and sexual abuse of 
children remained problems, particularly in the south. Children engaged 
in prostitution for survival, usually without third-party involvement.
    Children were used as soldiers in armed groups (See Section 1.g.).
    Internally displaced children often lacked access to government 
services such as education.
    The Government operated ``reformation camps'' for vagrant children. 
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.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking in persons, but does prohibit abduction, luring, and forced 
labor. The Interim National Constitution prohibits slavery. The State 
of Emergency Law prohibits all forms of sexual exploitation, and 
penalties include fines and imprisonment. However, internal trafficking 
for the purposes of forced labor, sexual exploitation, and domestic 
servitude occurred. Women and girls were also possibly trafficked to 
Middle Eastern countries for domestic servitude. Ethiopian women were 
trafficked to and through the country for domestic servitude. In the 
south, intertribal abduction of women and children continued.
    There were no informed estimates on the extent of trafficking.
    Government and other armed groups continued to recruit child 
soldiers (See Section 1.g.).
    The LRA, which used child soldiers, continued to operate in the 
south despite its 2006 signing of an agreement to cease hostilities. 
The LRA abducted adults and children in the south.
    In contrast to previous years, there were no reports of children 
being trafficked for use as camel jockeys.
    A report by the Darfur Consortium documented several cases from 
2003 to 2007 in which the janjaweed abducted persons for varying 
lengths of time, and raped or used them for forced labor. The report 
also cites other such incidents involving the SAF and the PDF.
    Intertribal abductions of women and children continued in the 
south. Victims frequently became part of the new tribe, with most women 
marrying into, or being forcibly married into, the new tribe; however, 
other victims were used for labor or sexual purposes.
    The Government's Committee to Eradicate the Abduction of Women and 
Children (CEAWC) and its 22 joint tribal committees investigated a 
limited number of abduction cases involving Dinkas abducted by the 
Misseriya and Rezeigat tribes that dated back to the 1980s and 1990s, 
and repatriated 228 individuals to their home regions during the year. 
However, there were problems with the return process, including the 
insufficient provision of food, water, shelter, and reintegration 
services to the released abductees; these problems were not resolved by 
year's end. The Government acknowledged that abductions occurred and 
that abductees were sometimes forced into domestic servitude and sexual 
exploitation.
    In 2007 the Governments of Sudan and the United Arab Emirates (UAE) 
signed an agreement establishing claims facilities to compensate former 
Sudanese child camel jockeys for their injuries. UNICEF and the 
Government's National Council for Child Welfare estimated that 219 
former child camel jockeys were repatriated from the UAE during the 
year, and the Government began compensation programs for them. A police 
task force assisted in repatriation efforts.
    There were no prosecutions of trafficking cases during the year.
    The Government conducted antitrafficking public information and 
education campaigns at the national, state, and local levels.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--While the law does not specifically 
prohibit discrimination against persons with disabilities, it does 
stipulate that ``the state shall guarantee to persons with special 
needs the enjoyment of all the rights and freedoms set out in the 
constitution, access to suitable education, employment, and full 
participation in society.'' The Government has not enacted laws or 
implemented effective programs to ensure access to buildings for 
persons with disabilities. Credible sources noted that prisoners with 
mental disabilities were chained 24 hours per day, and mentally 
disabled prisoners were not exempted from trial.

    National/Racial/Ethnic Minorities.--The population is a multiethnic 
mix of more than 500 Arab and African tribes with numerous languages 
and dialects. Northern Muslims traditionally dominated the Government. 
Interethnic fighting in Darfur was between Muslims who consider 
themselves either Arab or non-Arab (See Section 1.g.). Interethnic and 
intercommunal fighting in the south continued (See Section 1.g.).
    The Muslim majority and the Government continued to discriminate 
against ethnic minorities in almost every aspect of society in the 
north. Citizens in Arabic speaking areas who did not speak Arabic 
experienced discrimination in education, employment, and other areas. 
There also were reports of discrimination against Arabs and Muslims by 
individuals in the Christian-dominated south.

    Other Societal Abuses and Discrimination.--The law prohibits 
homosexuality, but there were no reports of persons being prosecuted on 
the charge. Societal, but not official, discrimination existed against 
homosexuals.
    There were no reports of societal violence or discrimination based 
on HIV/AIDS status.

    Incitement to Acts of Discrimination.--The Government and 
government supported militias actively promoted hatred and 
discrimination, using standard propaganda techniques to incite tribal 
violence. Credible sources noted that the Government supported one 
tribe over another, arming certain tribal militias against other 
tribes.
Section 6. Worker Rights
    a. The Right of Association.--Although the law provides for the 
right of association for economic and trade union purposes, the 
Government denied this right in practice. The Trade Union Act 
established a trade union monopoly under the Government. Only the 
Government-controlled Sudan Workers Trade Union Federation, which 
consists of 25 state unions and 22 industry unions, can function 
legally; all other unions were banned.
    Strikes were considered illegal unless the Government granted 
approval, which has never occurred. In most cases employees who tried 
to strike were subject to employment termination; however, workers went 
on strike during the year and were not terminated.

    b. The Right to Organize and Bargain Collectively.--The law denies 
trade unions autonomy to exercise the right to organize or to bargain 
collectively. The law defines the objectives, terms of office, scope of 
activities, and organizational structures and alliances for labor 
unions. The Government's auditor general supervised union funds because 
they were considered public money.
    There were credible reports that the Government routinely 
intervened to manipulate professional, trade union, and student union 
elections.
    Specialized labor courts adjudicated standard labor disputes, but 
the Ministry of Labor has the authority to refer a dispute to 
compulsory arbitration.
    The law does not prohibit antiunion discrimination by employers.
    There is one export processing zone, in Port Sudan, and it is 
exempt from regular labor laws.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, such 
practices continued.
    Abduction, forced labor, and sexual slavery of women and children 
continued.
    Although the Government continued to deny that slavery and forced 
labor existed in the country, CEAWC acknowledged that abductions had 
occurred in the 1980s and 1990s, and that not all abductees had since 
been freed.
    The forcible recruitment of persons into armed groups continued 
(See Section 1.g.).
    Forced prison labor was used for the construction of private 
residences for SPLM officials.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although mandated by the Interim National Constitution to protect 
children from exploitation, the Government did not effectively do so, 
and child labor was a serious problem. The legal minimum age for 
workers was 18 years, but the law was not enforced in practice. Child 
labor in the agricultural sector was common. Children were engaged in 
shining shoes, washing cars, street vending, begging, herding animals, 
construction, and other menial labor.
    The use of child soldiers, child trafficking, and child 
prostitution were problems (See Sections 1.g. and 4).
    The Ministry of Social Welfare, Women, and Child Affairs has 
responsibility for enforcing child labor laws; however, enforcement was 
ineffective.
    In the south, child labor laws were rarely enforced.

    e. Acceptable Conditions of Work.--The minimum wage was 124 
Sudanese pounds (approximately $62) per month, which did not provide a 
worker and family a decent standard of living. The Ministry of Labor, 
which maintained field offices in most major cities, was responsible 
for enforcing the minimum wage, which employers generally respected. 
Due to a lack of capacity and difficulties in establishing the new 
government in the south, civil service workers, including teachers, 
often worked for long periods without getting paid.
    The law, which was generally respected, limits the workweek to 40 
hours (five eight-hour days), with days of rest on Friday and Saturday. 
Overtime should not exceed 12 hours per week or four hours per day. 
There was no prohibition on excessive compulsory overtime.
    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.
    In the south, the Ministry of Labor and Public Services is 
responsible for monitoring health and safety standards for workers; 
however, it did not do so effectively.

                               __________

                               SWAZILAND

    Swaziland is an absolute monarchy, and King Mswati III has ultimate 
authority over the cabinet, legislature, and judiciary. The population 
was approximately 1.02 million, according to the 2007 census. There was 
a prime minister and a partially elected parliament, but political 
power remained largely with the King and his traditional advisors, the 
most influential of whom remained the queen mother. International 
observers concluded that parliamentary elections held on September 19 
did not meet international standards. A bombing the same day at a 
bridge close to the king's palace resulted in rapid implementation of a 
June law to silence dissent and ban certain political organizations. 
While civilian authorities generally maintained effective control of 
the security forces, there were some instances in which elements of the 
security forces committed abuses.
    Government agents continued to commit or condone serious abuses, 
and the human rights situation in the country deteriorated. Human 
rights problems included inability of citizens to change their 
government; extrajudicial killings by security forces; mob killings; 
police use of torture, beatings, and excessive force on detainees; 
police impunity; arbitrary arrests and lengthy pretrial detention; 
arbitrary interference with privacy and home; restrictions on freedoms 
of speech and press and harassment of journalists; restrictions on 
freedoms of assembly, association, and movement; prohibitions on 
political activity and harassment of political activists; 
discrimination and violence against women; child abuse; trafficking in 
persons; societal discrimination against mixed race and white citizens; 
and harassment of labor leaders, restrictions on worker rights, 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.--The Government and 
its agents did not commit any politically motivated killings; however, 
security forces committed extrajudicial killings and were responsible 
for a number of deaths during apprehension. No action was taken against 
security force members responsible for such deaths.
    On January 12, in Mbabane, a Royal Swaziland Police Service (RSPS) 
officer shot and killed a man who allegedly broke into a store and 
resisted arrest.
    On March 1, in Nhlango, an Umbutfo Swaziland Defense Force (USDF) 
soldier patrolling the border shot and killed an alleged car smuggler. 
In a separate incident on April 16, a soldier in Nhlangano shot and 
killed another suspected car smuggler.
    On August 8, Nick Reilly, the general manager of Mkhaya Private 
Game Reserve, went to the home of Musa Gamedze, who he then shot and 
killed; Reilly was accompanied by three plainclothes RSPS officers. 
Although Gamedze was unarmed and there was no evidence of poaching on 
his person or at his home, police claimed that Gamedze was wanted in 
connection with several cases of stock theft and violations of the Game 
Act; the law permits rangers to shoot and kill poachers if caught in 
the act. No investigation into the incident had been conducted by 
year's end.
    No known investigation was conducted nor was action taken in the 
following 2007 security force killings: the April RSPS killing of four 
suspected thieves; the August RSPS killing of a man suspected of 
killing a police officer; and the August USDF killing of an alleged car 
smuggler.
    No known action was taken against security forces responsible for 
arbitrary killings in 2006.
    During the year there were reports of killings by community police, 
volunteers with arrest authority under the supervision of a chief. For 
example, on July 14, Mbhuleni community police beat to death University 
of Swaziland student Jabulani Motsa for allegedly stealing oranges, 
apples, and cell phones. An investigation was ongoing at year's end.
    There were numerous reports of mob killings during the year. On 
February 12, the Times of Swaziland newspaper reported that a mob 
forced Tikhuba resident Gideon Gamedze to drink poison, then beat and 
strangled him to death for suspected involvement in cattle theft. On 
November 13, a mob beat to death suspected rapist Mkhululeki Ndlela, 
who was later exonerated by the alleged rape victim. No persons were 
arrested in either case.
    On August 10, the RSPS arrested Themba Dlamini and Ncamiso Simelane 
for participating in a mob that beat to death suspected burglar 
Mpostoli Nkambule.
    No action was taken against persons who participated in 2007 or 
2006 mob killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, the 
provision prohibiting law enforcement officials from engaging in 
torture is located in the ``policy'' section of the constitution and is 
not enforceable in any court or tribunal. The law does not specifically 
prohibit such practices. Security officials who engage in such 
practices may be punished, but no punishments were reported during the 
year. There were reports that government officials sometimes used 
torture during interrogation, assaulted citizens, and used excessive 
force in carrying out their duties. Reports surfaced during the year 
that police continued to use the ``tube'' style of interrogation, in 
which police temporarily suffocated suspects by putting a rubber tube 
around the suspect's face and mouth.
    Police forcibly dispersed demonstrators and strikers, resulting in 
numerous injuries (See Sections 2.b. and 6.a.).
    In a May 15 court appearance in Mbabane, four young men arrested 
for theft in December 2007 alleged that the police ``tubed'' them, beat 
them with a hammer and other objects, and threatened to kill them in 
the bush. All four men were subsequently convicted. Authorities had not 
responded to inquiries regarding alleged police abuse, and no known 
investigation had been conducted by year's end.
    In a May 26 court appearance, Sibusiso Sitsebe alleged that police 
beat and tried to suffocate him to force a confession after his 
November 2007 arrest for theft. Authorities had not responded to 
inquiries regarding alleged police abuse, and no known investigation 
had been conducted by year's end.
    Despite numerous requests from civic organizations, the 
investigative report on the alleged 2005 torture of 17 political 
organization members had not been released by year's end; the report 
was submitted to the Prime Minister's Office in September 2007.
    No actions were taken, nor were any expected, against security 
force members responsible for abuse in 2007 or 2006.
    There were credible reports of excessive force by community police 
during the year. On January 3, the Swazi Times newspaper reported that 
Mbhuleni community police officers severely whipped a young woman 
suspected of assisting in abortions.
    On April 22, Mbhuleni community police chained, beat, and detained 
Mangaliso Mazibuko and a 16-year-old girl for more than five hours 
before handing them over to the RSPS. Mazibuko had allegedly resisted 
arrest and stabbed a community police officer who tried to intervene; 
the 16-year-old girl had been reported missing by her family.
    On August 11, a Mahwalala community police officer beat five 
homeless children after he discovered they had slept in his car during 
the night.
    On September 5, in Mbhuleni, a mob that included community police 
officers forcibly entered a house and beat unconscious Sifiso Vilakati, 
whose legs were both fractured.
    No action was taken against community police who abused persons in 
2007 and 2006.
    Mob violence resulted in injuries. For example, on January 30, a 
mob in Manzini severely beat Nhlanhla Motsa, who was seen loitering in 
the neighborhood, for suspected burglary. On February 19, a mob in 
Manzini assaulted a man for the suspected rape of a female student at 
Ngwane Park High School.
    No action was taken against persons who participated in 2007 or 
2006 mob violence.

    Prison and Detention Center Conditions.--Government prisons and 
detention centers remained overcrowded, and conditions generally were 
poor. According to the 2006-07 annual report, there were 2,829 
prisoners in 12 correctional centers. Prison guards tortured and abused 
prisoners. The Swaziland Coalition of Concerned Civic Organizations 
reported that physical punishment of prisoners and detainees was an 
accepted part of the culture and not viewed as a human rights problem.
    Rape and consensual sex between prisoners contributed to the spread 
of HIV/AIDS, although prevention programs have been introduced in 
correctional facilities. There are medical clinics in correctional 
facilities, and prisoners are offered free HIV/AIDS testing, 
counseling, and antiretroviral treatment.
    In Mawelawela, the country's only female detention facility, 
detainees were not held separately from convicts, and several children 
lived with their mothers in the facility. Female juveniles were also 
held in the women's correctional facility, although they slept in 
different quarters within the facility.
    During the year the Government refused requests by religious 
leaders, labor union leaders, and a foreign embassy to visit political 
prisoner Mario Masuku (See Section 1.e.).

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, police arbitrarily 
arrested and detained numerous persons, primarily under the Suppression 
of Terrorism Act passed during the year.

    Role of the Police and Security Apparatus.--The King is the 
commander in chief and also holds the position of minister of defense. 
He presides over a civilian principal secretary of defense and a 
commanding general.
    The RSPS is responsible for maintaining internal security. The USDF 
is responsible for external security but also has limited domestic 
security responsibilities. The RSPS is under the authority of the prime 
minister, while the USDF reports to the defense minister. The principal 
secretary of defense and the army commander are responsible for day-to-
day USDF operations. The RSPS and the USDF were generally professional, 
despite inadequate resources and bureaucratic inefficiency; however, 
both forces were susceptible to political pressure and corruption. The 
Government generally failed to prosecute or otherwise discipline 
security officers accused of abuses. No independent body had the 
authority to investigate police abuses. An internal RSPS complaints and 
discipline unit investigated reports of police abuse but did not 
release results to the public. There were no reports of government 
action to reform the RSPS, although a number of officers attended 
training programs outside the country.
    Traditional chiefs supervise volunteer rural ``community police,'' 
who have the authority to arrest suspects and bring them before an 
inner council within the chiefdom for trial. Cases of serious crimes 
were handed over to the RSPS for further investigation.

    Arrest and Detention.--The law requires warrants for arrests, 
except when police observe a crime being committed or believe that a 
person is about to commit a crime. Detainees may consult with a lawyer 
of their choice, but the Government pays for defense counsel only in 
cases in which the potential penalty is death or life imprisonment. 
Detainees 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; however, arresting authorities did not always 
present detainees within that period. In general, detainees were 
promptly informed of the charges against them, and their families had 
access to them. There is a functioning bail system, and suspects can 
request bail at their first appearance in court except in cases of 
murder and rape.
    Police arbitrarily detained journalists, opposition members, trade 
union leaders, strikers, and demonstrators, one of whom was charged 
under the Suppression of Terrorism Act passed during the year (See 
Sections 1.e., 2.a., 2.b., 3, and 6.a.).
    Lengthy pretrial detention was common. In 2007 the International 
Centre for Prison Studies found that 31 percent of the prison 
population were pretrial detainees. Judicial inefficiency and staff 
shortages contributed to the problem, as did the police practice of 
prolonging detention to collect evidence and to prevent detainees from 
influencing witnesses. In some cases persons were exonerated after 
years of repeated remands requested by police.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the King. on recommendation of 
the Judicial Services Commission, appoints the judiciary, limiting 
judicial independence. Judicial powers are vested in two systems: one 
based on Roman-Dutch law, and the other based on a system of 
traditional courts that follows traditional law and custom. The Roman-
Dutch judiciary consists of the Supreme Court, the High Court, and 
magistrate courts.
    The Supreme Court, which is composed entirely of foreign-born 
judges, primarily South African, has appellate and supervisory 
jurisdiction over the High Court and magistrate courts. Some observers 
believed foreign justices increased the judiciary's credibility and 
independence, while others believed that reliance on foreign 
professionals undermined the development of a strong national base of 
professional justices. Neither the Supreme Court nor the High Court, 
which interprets the constitution, has jurisdiction in matters 
concerning the office of the King or queen mother, the regency, 
chieftancies, the Swazi National Council, or the traditional 
``regiments'' system, as these are governed by national law and custom.
    Most citizens who encountered the legal system did so through the 
13 traditional courts. Each has a president appointed by the King. 
Authorities may bring citizens to these courts for minor offenses and 
violations of traditional law and custom.
    The public prosecutor has the legal authority to determine which 
court should hear a case, but in practice police usually made the 
determination. Persons convicted in the traditional courts may appeal 
to the High Court. Prolonged delays during trials in the magistrate 
courts and High Court were common.
    Military courts are not allowed to try civilians.

    Trial Procedures.--The constitution provides for the right to a 
fair public trial except when exclusion of the public is necessary in 
the ``interests of defense, public safety, public order, justice, 
public morality, the welfare of persons under the age of 18 years, or 
the protection of the private lives of the persons concerned in the 
proceedings,'' and the judiciary generally enforced this right in 
practice. Defendants enjoy a presumption of innocence, but juries are 
not used. Court-appointed counsel is provided at government expense in 
capital cases or if the crime is punishable by life imprisonment. 
Otherwise, defendants in superior and magistrate courts are entitled to 
hire counsel at their own expense. Defendants can question witnesses 
against them and present witnesses on their own behalf. Defendants and 
their attorneys have access to relevant government-held evidence, 
generally obtained during pretrial consultations with the public 
prosecutor's office. Defendants and prosecutors have the right of 
appeal, up to the Supreme Court.
    The traditional courts serve the chiefs, who are appointed by the 
King. and have limited civil and criminal jurisdiction. They are 
authorized to impose fines of up to 100 emalangeni ($11) and prison 
sentences of up to 12 months. Traditional courts are empowered to 
administer customary law only ``insofar as it is not repugnant to 
natural justice or morality'' or inconsistent with the provisions of 
any civil law in force; however, some traditional laws and practices 
violated civil laws and international treaties signed by the country, 
particularly those involving women's and children's rights. Defendants 
in traditional courts are not permitted formal legal counsel but may 
speak on their own behalf, call witnesses, and be assisted by informal 
advisors. Sentences are subject to review by traditional authorities 
and can be appealed to the High Court.

    Political Prisoners and Detainees.--Mario Musuku, the leader of the 
People's United Democratic Movement of Swaziland (PUDEMO), became the 
country's sole political prisoner when he was arrested on November 15 
under the Suppression of Terrorism Act (See Section 2.b.); the attorney 
general claimed it had evidence that Masuku met its legal definition of 
a terrorist. When police were unable to find weapons-making literature 
in Masuku's possession, the Government on November 17 charged Masuku 
with unlawfully and knowingly supporting a terrorist act, citing 
``utterings'' Masuku allegedly made at the funeral of one of the 
alleged September bombers, who was killed when the explosive planted 
near the king's palace detonated prematurely. In December Masuku was 
also charged with sedition. Masuku, who refused bail, remained in 
detention awaiting trial at year's end. As a result of international 
attention to the case, the Government allowed Masuku to receive medical 
visits. However, the Government denied visits requested by members of 
PUDEMO, friends of Masuku, foreign diplomats, and religious leaders, 
claiming that the denials were for Masuku's protection.

    Civil Judicial Procedures and Remedies.--The judiciary, which has 
limited independence, tries civil as well as criminal cases, including 
suits for damages against government agents.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions except 
``in the interest of defense, public safety, public order, public 
morality, public health, town and country planning, use of mineral 
resources, and development of land in the public benefi.''; however, 
the Government did not always respect these prohibitions and broadly 
construed exceptions to the law. The law requires police to obtain a 
warrant from a magistrate before searching homes or other premises; 
however, police officers with the rank of subinspector or higher have 
the authority to conduct a search without a warrant if they believe 
that evidence might be lost.
    Following the January 17 forcible dispersion of University of 
Swaziland demonstrators, police forcefully entered nearby homes and 
assaulted the occupants in an attempt to locate fleeing students, 
according to media reports and Thembeka Simelane, who filed a lawsuit 
claiming damages (See Section 2.b.).
    During the year the army conducted random checks in homes and set 
up roadblocks.
    Police conducted physical surveillance of members of labor unions, 
political groups, religious groups, and others.
    In August, for example, police instructed a youth group conducting 
civic education classes in the Big Bend area that the classes would be 
discontinued unless the group allowed police to conduct surveillance of 
its activities.
    On November 28, police told representatives of the Council of 
Swaziland Churches that they could not meet with foreign diplomats 
unless police were allowed to attend, allegedly for the protection of 
the diplomats; the council had invited the local diplomatic community 
to a forum to discuss human rights in the country.
    On December 3, plainclothes officers threatened to disrupt a Media 
Institute for Southern Africa training workshop if they were not 
allowed to monitor it.
    While the constitution recognizes that chieftancies were usually 
hereditary positions, it also states that the King ``can appoint any 
person to be chief over any area.'' As a result, many chieftaincies 
were nonhereditary appointments, which provoked land disputes, 
especially at the time of burials. A High Court ruling in one case 
upheld the right of a family to bury a former chief on traditional 
land, which had been opposed by the chief appointed by the King for 
five years while the body lay in the morgue.
    On November 14, the Government issued an official declaration 
designating PUDEMO, the Swaziland Solidarity Network (SSN), Swaziland 
Youth Congress (SWAYOCO), and the Swaziland People's Liberation Army 
(UMBANE) as ``specified entities'' under the Suppression of Terrorism 
Act passed on June 19. Persons who abetted, aided, sympathized with, 
sheltered, or provided logistical support to these organizations were 
subject to arrest and prison terms of 25 years to life.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, but the King may waive these rights 
at his discretion, and the Government restricted these rights during 
the year. Publishing criticism of the monarchy is banned, and the law 
empowers the Government to ban publications if they are deemed 
``prejudicial or potentially prejudicial to the interests of defense, 
public safety, public order, public morality, or public health.'' Most 
journalists practiced self-censorship.
    The King may suspend the constitutional right to free expression at 
his discretion, and the Government severely restricted freedom of 
expression, especially regarding political issues or the royal family. 
During the year the attorney general and the prime minister warned 
journalists and diplomats against making statements that could be 
interpreted as seditious. After the November 15 arrest of PUDEMO leader 
Masuku, several civic organizations, including the Council of Swaziland 
Churches and the Law Society, published notices in daily papers 
alerting the King to their concern about the ``selective implementation 
of the country's constitution.''
    There were two daily newspapers, the independent Times of Swaziland 
and the Swazi Observer, which was owned by the king's investment 
company, Tibiyo Taka Ngwane. Both newspapers continued to criticize 
government corruption and inefficiency but generally steered clear of 
the royal family. The Ministry of Public Service and Information 
periodically published Swaziland Today newspaper. Private companies and 
church groups owned several newsletters and magazines.
    Journalists were threatened, harassed, assaulted, and detained 
during the year, particularly after Attorney General Majahenkhaba 
Dlamini warned on November 17 that journalists who criticized the 
Government could be viewed as supporting terrorists and arrested under 
the Suppression of Terrorism Act (See Section 2.b.).
    Journalists received anonymous telephone calls advising them not to 
pursue particular stories, and many of them complied, according to a 
July 4 Media Institute of Southern Africa report.
    On June 14, traditional governor Jim Gama harshly criticized the 
print media for negative reporting on a national gathering called by 
the King.
    In August USDF soldiers assaulted a Times newspaper team and seized 
their cameras; the journalists were at the airport to cover the return 
of nine of the king's wives and their entourage from a lavish shopping 
spree abroad. No action was taken against the soldiers.
    On September 18, police searched and harassed freelance journalist 
Lunga Masuku and Times newspaper reporter Peter Mavuso, who were 
covering a labor demonstration aimed at blocking the movement of goods 
between Swaziland and South Africa (See Section 2.b.). Police also 
threatened to delete photos from the camera of the Times journalist. 
After a verbal confrontation, the officers allowed the journalists to 
carry on with their duties.
    On December 16, police officers detained two freelance journalists 
for six hours after raiding the location where they were meeting an 
informant. The police repeatedly slapped the journalists and broke 
their equipment. No investigation of the incident had been conducted by 
year's end.
    In July 2007 parliament investigated charges of contempt against 
Times newspaper editor Mbongeni Mbino, who criticized Speaker of the 
House Prince Guduza in a July 2007 editorial; Mbingo was cleared of the 
charges in October 2007.
    Former prime minister Absalom Themba Dlamini hosted monthly media 
breakfasts for journalists of both Times and Observer newspapers and 
broadcast media; however, the Government generally restricted media 
content, especially on government television and radio, and limited 
access to information.
    At an August 27 press conference, a government official instructed 
journalists in the questions they were permitted to ask the King.
    In June 2007 the minister of health and social welfare barred 
journalists from government hospitals and banned government hospital 
staff from talking to the media following an article in the Times 
newspaper that attributed the death of a four-year-old girl with rabies 
to the hospital's inadequate supply of drugs.
    Harsh defamation laws were used to stifle the press. On March 18, 
Speaker of the House Guduza, brother to the King. sued the Times 
newspaper for two million emalangeni ($212,800) for articles it 
published about his involvement with a company that allegedly illegally 
imported cigarettes worth 17 million emalangeni (approximately $1.8 
million) into the country. The case had not gone to trial by year's 
end.
    On February 7, the High Court awarded Member of Parliament (MP) 
Marwick Khumalo a default judgment of 120,000 emalangeni ($12,766); in 
July 2007 Khumalo had sued Bheki Makhubu, the editor of the private 
Nation magazine, for defamation after Makhubu wrote an article accusing 
Khumalo of corruption. However, on February 22, the High Court granted 
the Nation magazine an order for stay of execution, and the case 
remained pending at year's end.
    The March 2007 defamation suit filed by MP Maqhawe Mavuso against 
the Swazi Observer newspaper remained pending at year's end; the 
Observer had included Mavuso's name in an article about an alleged 
assault.
    There was one government-owned radio station and one independent 
radio station that broadcast religious programs. There was a privately 
owned television station; however, the owner's mother was a daughter of 
the previous King. Sobhuza II, and the station's reporting favored the 
monarchy. The Government-owned Swaziland Television Authority and radio 
stations were the most influential media in reaching the public, 
although neither generally broadcast coverage of antigovernment 
demonstrations, such as the women's march against a foreign shopping 
spree by most of the king's wives and children. Government broadcast 
facilities retransmitted some Voice of America and BBC news programs in 
their entirety.
    Consumers freely purchased and used satellite dishes to receive 
signals and programming from independent South African and other 
international service providers.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chatrooms. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. Internet 
cafes existed in larger urban areas, but most citizens lived in rural 
areas, and only 3.5 percent of residents had daily access to the 
Internet. A single Internet provider held a government-approved 
monopoly.

    Academic Freedom and Cultural Events.--Restrictions on political 
gatherings and the practice of self-censorship restricted academic 
freedom by limiting academic meetings, writings, and discussion on 
political topics. There were no government restrictions on cultural 
events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
the Government severely restricted this right during the year. The law 
requires police consent to hold political meetings, marches, or 
demonstrations in a public place. Authorities withheld permission to 
hold some meetings sponsored by groups such as the Congress of South 
Africa Trade Unions on grounds that they were not in the national 
interest or would ``compromise peace, security and stability of the 
country.''
    In early September the Government attempted to ban demonstrations 
in Mbabane and Manzini; however, more than 10,000 demonstrators marched 
to demand political reform.
    On October 13, the Government banned the Southern African Social 
Forum (SASF) from holding its annual meeting in Manzini, citing public 
safety; the Government charged that participating labor groups had 
approved of the September bombings. On October 15, the High Court ruled 
that the ban was unconstitutional, and the SASF held the conference, 
although attendance was low due to confusion by foreign delegates over 
the Government's original restriction and the reluctance of local 
groups to attend a function officially disallowed by their political 
leaders.
    Police arrested union members and forcibly dispersed thousands of 
workers conducting legal strikes during the year (See Section 6.a.).
    Police attacked and forcibly dispersed demonstrators, many of whom 
were injured. No action was taken against police who used excessive 
force on demonstrators.
    For example, on January 17, police dispersed University of 
Swaziland demonstrators with batons, rubber bullets, and tear gas, 
according to media reports; numerous students were injured, including 
one person who was shot. Police also forcefully entered nearby homes 
and assaulted occupants (See Section 1.f.).
    On September 18, in Shiselweni, police beat and used tear gas on 
textile workers who were attempting to blockade the border with South 
Africa to demonstrate for political reform. Since most imports come 
from South Africa, demonstrators hoped that an effective boycott on the 
day before national elections would highlight their grievances with the 
Government. Police prevented protestors from nearing the four key 
border posts with South Africa and detained labor leaders (See Section 
6.a.). Prime Minister Dlamini called ``unacceptable'' the exercise of 
the right to protest by disrupting the free flow of goods and services.
    No action was taken against security forces that forcibly dispersed 
demonstrations in 2007 and 2006.

    Freedom of Association.--The constitution provides for freedom of 
association, but the Government severely restricted this right during 
the year. The constitution does not address the formation or role of 
political parties, and a 2006 High Court appeal to the 1973 ban on 
political parties had not been heard by year's end. However, in a 
September affidavit, the former prime minister reiterated that 
political parties were banned, and on November 14, Prime Minister 
Dlamini issued an official declaration designating PUDEMO, SSN, 
SWAYOCO, and UMBANE as ``specified entities'' under the Suppression of 
Terrorism Act. The act, which was implemented following the September 
19 detonation of a bomb near King Mswati's palace, provides that 
persons or groups found associating with any of the four illegal groups 
can be sentenced to prison terms of 25 years to life. According to the 
attorney general, persons or groups that abet, aid, sympathize with, 
shelter, or provide logistical support to these organizations invite 
the ``wrath of the law.''
    The Government harassed and detained opposition members and 
conducted surveillance on members of labor unions, political groups, 
and groups considered potentially political (See Sections 1.f. and 3).
    Prior to the ban on political parties and organizations, several 
political organizations in June filed suit to nullify the Elections and 
Boundary Commission because it did not include representation from 
political parties (See Section 3).

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    New religious groups or churches are expected to register with the 
Government, and there were no reports that any groups were denied 
registration during the year.
    Government permission was required for the construction of new 
religious buildings. Non-Christian groups sometimes experienced minor 
delays in obtaining permits from the Government. The Government-owned 
television and radio stations did not permit non-Christian religious 
groups to broadcast.

    Societal Abuses and Discrimination.--Relations between religious 
groups were generally amicable, although church-related land disputes 
and rivalry between branches of some sects resulted in violence, arson, 
and two deaths that were under investigation at year's end. The Jewish 
community comprised less than 1 percent of the population, and there 
were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation. It also states that provisions of law and custom, which 
impose restrictions on the freedom of any person to reside in the 
country, shall not contravene the freedom granted by the constitution.
    Non-ethnic Swazis sometimes experienced lengthy processing delays 
when seeking passports and citizenship documents, in part due to the 
country's history when mixed-race and white persons were not considered 
legitimate citizens.
    The Government routinely granted Swazi travel and citizenship 
documents to several thousand ethnic Swazis living in, and legal 
citizens of, South Africa.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government cooperated with the Office 
of the UN High Commissioner for Refugees and other humanitarian 
organizations in providing protection and minimal assistance to 
refugees and asylum seekers. In July the Government provided temporary 
protection to Somali refugees fleeing xenophobic attacks in South 
Africa.
    The Government accepted refugees for permanent resettlement, 
allowed them to compete for jobs, and granted them work permits and 
temporary residence permits without discrimination. The Government also 
provided refugees with free transportation twice a week to buy food in 
local markets and to earn a living. Refugees who lived in the country 
more than five years qualified for citizenship; however, most refugees 
applied after extended periods of time living in the country, due to 
lack of information regarding their immigration status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens could not change their government peacefully, and 
political parties were banned. The King retains ultimate executive and 
legislative authority; parliament has limited authority. Legislation 
passed by parliament requires the king's consent to become law. Under 
the constitution, the King selects the prime minister, the cabinet, 
two-thirds of the Senate, many senior civil servants, the chief justice 
and other justices of the superior courts, members of commissions 
established by the constitution, and the heads of government offices. 
On the advice of the prime minister, the King appoints the cabinet from 
among members of parliament. The constitution states that the King is 
required to consult with others (usually a traditional council) before 
exercising a major decision; however, he is not required to accept 
their advice.
    The September 19 explosion of a bomb, which detonated early and 
killed two of the suspected instigators, was the catalyst for King 
Mswati's decision to make fighting terrorism his number one concern. On 
October 16, the King announced Barnabas Dlamini as the new prime 
minister, denounced terrorism, and said any necessary means should be 
used to stop it. He warned progressive organizations that they would be 
dealt with accordingly. On November 14, Prime Minister Dlamini issued a 
declaration designating PUDEMO, SSN, SYC, and the SPLA as ``specified 
entities'' under the Suppression of Terrorism Act (See Section 2.b.). 
Persons found associating with any of the organizations faced prison 
terms of 25 years to life.

    Elections and Political Participation.--On September 19, 
parliamentary elections were held, the first since the constitution 
went into effect in 2006; the King appointed a new government in 
October. International observers concluded that the elections did not 
meet international standards. Political parties were not allowed to 
register or sponsor candidates; ballots were cast in secrecy but could 
be traced by registration number back to voters; some ballot boxes were 
not properly protected; and accusations of bribery occurred. There were 
widespread reports that citizens were advised that if they did not 
register to vote, they would no longer receive government services.
    The constitution provides that the five members of the Electoral 
and Boundaries Commission (EBC) be chosen by the King on the 
recommendation of the Judicial Services Commission; EBC commissioners 
serve for 12 years and draw district boundaries, commission civic 
education and voter registration programs, and publish postelection 
reports. After the five members were selected in March, the National 
Constitution Assembly, Swaziland National Association of Teachers, 
Swaziland Federation of Labor, Swaziland Federation of Trade Unions 
(SFTU), Ngwane National Liberation Congress, and PUDEMO collectively 
sued the EBC on the grounds that its composition did not reflect 
diverse societal groupings in the country, including political 
organizations. One judge on the High Court, and the person named to 
replace her, recused themselves without explanation. On September 17, 
the High Court ruled that there was no legal requirement for the EBC to 
include all types of groups.
    In July the Swaziland Coalition of Concerned Civic Organizations 
also filed suit against the EBC, claiming the commission did not meet 
the constitutional requirements for independence and relevant 
qualifications. The High Court heard the case on November 12 but had 
not issued a verdict by year's end.
    In 2007 the High Court rejected a petition by the National 
Constituency Assembly (NCA), a group of civic associations, to declare 
the constitution null and void since the drafting process did not 
include extensive consultation with citizens, as required by the 1973 
Emergency Decree. Despite plans to do so, the NCA had not appealed the 
2007 court decision by year's end.
    When the new constitution took effect, the 1973 decree that banned 
political parties lapsed; the constitution provides for freedom of 
association but does not address political parties. In 2006 the 
minister of justice and constitutional affairs stated that political 
organizations could hold meetings at ``tinkhundla'' (local government) 
centers if they obtained permission from the regional administrator and 
allowed a police officer to attend the meeting. However, political and 
civic organizations reported problems with traditional authorities when 
they requested permission to meet.
    During the year the Government harassed and arrested opposition 
members. On July 5, police arrested four PUDEMO members during a rally 
organized to commemorate PUDEMO's 25th anniversary; the members were 
charged with malicious damage to property. A police officer pointed a 
gun at PUDEMO secretary Sphasha Dlamini and demanded that she hand over 
her camera, after which police deleted all photos of the day's event, 
including those documenting police harassment.
    Chiefs are custodians of traditional law and custom and are 
responsible for the day-to-day running of their chiefdoms and for 
maintaining law and order. Chiefs act as overseers or guardians of 
families within the communities. They are an integral part of society 
and traditionally report directly to the King. Local custom mandates 
that chieftaincy is hereditary. However, the constitution, while 
recognizing that chieftaincy is ``usually hereditary and is regulated 
by Swazi law and custom,'' also states that the King ``can appoint any 
person to be chief over any area.'' As a result, many chieftaincies 
were nonhereditary appointments, which provoked land disputes, 
especially at the time of burials.
    The constitution provides that 55 of the 65 members of the House of 
Assembly be popularly contested and that the King appoint the remaining 
10 members; five of the 10 must be women, and the other five must 
represent ``interests, including marginalized groups not already 
adequately represented in the House.'' If women do not constitute one-
third of the 65 members of the House, the constitution provides for the 
inclusion of one woman from each of the four regions, nominated by the 
elected house members from that region. Despite these constitutional 
requirements, by year's end the King had appointed two women, rather 
than five, and the House had not appointed any of the four female 
regional representatives by year's end.
    The King appoints 20 members of the 30-seat Senate, and the House 
of Assembly elects the other 10. The new constitution provides that 
eight of the king's nominees and five of the House of Assembly's 
nominees be women. The constitution also states that candidates for 
public office must compete on their individual merit, thereby blocking 
competition based on political party affiliation. Despite these 
constitutional requirements, by year's end the King had appointed seven 
women as senators, rather than eight, and another five female senators 
were elected by House members. By year's end, women constituted 20 
percent, rather than the mandatory 30 percent, of parliamentary seats. 
The King also appointed five women as ministers.
    Widows in mourning (for periods that can vary from one to three 
years) were prevented from appearing in certain public places and in 
close proximity to the King. As a result, widows were effectively 
excluded from voting or running for office.
    There were no ethnic minorities in the Government. The constitution 
provides that other appointees should represent ``interests, including 
marginalized groups not already adequately represented in the House.'' 
However, most officials were from the royal Dlamini family.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively. There was a widespread public perception 
of corruption in the executive and legislative branches of government 
and a general consensus that the Government was doing little to combat 
it. In September the Anticorruption Commission, with a commissioner and 
two deputies, was officially launched; however, no corruption cases had 
been filed by year's end. The World Bank's Worldwide Governance 
Indicators reflect that corruption was a serious problem.
    Credible reports continued that business contracts were awarded on 
the basis of the owners' relationship with government officials.
    In February government official Maswazi Shongwe and Senator Thandi 
Maziya were arrested and charged with fraud; the two were accused of 
presenting false receipts to the accountant general for the purchase of 
five cattle for official celebrations, defrauding the Government of 
100,000 emalangeni ($10,640). Both officials were released on bail and 
awaiting trial at year's end.
    According to April media reports, the Ministry of Foreign Affairs 
and Trade principal secretary, Clifford Mamba, testified before 
parliament's public accounts committee that Prince David, the former 
minster of justice and constitutional affairs, simultaneously received 
a salary as cabinet minster and the country's ambassador to Denmark. 
The Ministry of Foreign Affairs asked the attorney general's office to 
intervene after Prince David refused to reimburse the Government more 
than 430,000 emalangeni ($45,700); however, no action had been taken by 
year's end.
    The nine suspects released on bail in January 2007, including the 
former principal secretary of the minister of finance and other 
individuals closely associated with the King. were still awaiting trial 
at year's end for spending 50 million emalangeni ($5.3 million) on a 
business training exercise for which the Government had allocated only 
10 million emalangeni ($1.6 million).
    No further action was taken on the March 2007 parliamentary report 
alleging government corruption in the procurement of medicine; in June 
2007 the House of Assembly rejected the report for containing 
unsubstantiated claims of corruption.
    No action was taken on the 2006 report recommending disciplinary 
hearings for seven customs officials implicated in undercharging 
importers by approximately 28.5 million emalangeni ($3 million) or the 
recommendation in the report to ban several companies from eligibility 
for government tenders.
    The constitution prohibits government officials from assuming 
positions in which their personal interest is likely to conflict with 
their official duties. These officials are required to declare their 
assets and liabilities to the Integrity Commission within six months of 
its establishment; however, the Integrity Commission is subsumed under 
the Commission on Human Rights and Public Administration, which still 
had not been established by year's end.
    There is no law permitting public access to government documents, 
and public documents were difficult to access.
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, government 
officials were rarely responsive to their views. Among the active 
groups were the Swaziland Action Group Against Abuse, Lawyers for Human 
Rights of Swaziland, and Women and Law in Southern Africa. Human rights 
groups spoke out on a number of occasions, criticizing the lack of 
accountability and transparency in the Government.
    The constitution provides for the independence of human rights 
nongovernmental organizations; however, this provision falls within the 
``policy'' section, which cannot be enforced in any court or tribunal.
    The Government still had not established the Commission on Human 
Rights and Public Administration by year's end; the constitution 
provides that the commission be established no later than 2007. The 
commission, once established, may not investigate ``a matter relating 
to the exercise of any royal prerogative by the Crown.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, sex, 
disability, age, ethnicity, religion, political opinion, or social 
status; however, the Government did not consistently enforce the law.

    Women.--The law criminalizes rape, including spousal rape; however, 
rape was common, and the Government did not always enforce the law 
effectively. According to the 2007 RSPS Annual Report, 663 rape cases 
were reported in 2007. Rape was regarded by many men as a minor 
offense, despite being against the law; a sense of shame and 
helplessness often inhibited women from reporting such crimes, 
particularly when incest was involved. The maximum sentence for 
aggravated rape is 15 years; however, the acquittal rate for rape was 
high, and sentences were generally lenient.
    Domestic violence against women, particularly wife beating, was 
common, despite traditional restrictions against it. According to a 
survey conducted during the year by the Government's Central Statistics 
Office, 60 percent of men believed it was acceptable to beat their 
wives, and 18 percent of females between 13 and 14 years old had 
contemplated suicide, primarily as a result of domestic violence. Women 
have the right to charge their husbands with assault under both the 
Roman-Dutch 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. Penalties for men 
found guilty of assault against a woman, not involving rape, depended 
on the court's discretion. Rural women often had no relief if family 
intervention did not succeed because traditional courts were 
unsympathetic to ``unruly'' or ``disobedient'' women and were less 
likely than modern courts to convict men for spousal abuse. The Roman-
Dutch legal system often gave light sentences in cases of abuse against 
women. During the year units for domestic violence, child abuse, and 
sexual abuse were established in two regions of the country.
    Prostitution is illegal, but enforcement was inconsistent, 
particularly near industries and military bases.
    The law provides some protection from sexual harassment, but its 
provisions were vague and largely ineffective; no cases have been 
brought to court. There were occasional reports of sexual harassment, 
most often of female students by teachers.
    Women occupied a subordinate role in society. The dualistic nature 
of the legal system complicated the issue of women's rights. Since 
unwritten law and custom govern traditional marriage and matters of 
inheritance and family law, 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. Under the constitution children derive citizenship 
from the father and not from the mother, unless the birth occurred 
outside marriage and the father does not claim the child. A foreign 
woman who marries a citizen can become a citizen by lodging a 
declaration with the proper authorities.
    The constitution provides that women can open bank accounts, obtain 
passports, and take jobs without the permission of a male relative; 
however, these rights were not always protected. Women routinely 
executed contracts and entered into a variety of transactions in their 
own names; however, banks still refused personal loans to women without 
a male guarantor. The constitution provides for equal access to land; 
however, in practice this right was not enforced. The law requires 
equal pay for equal work; however, the average wage rates for men by 
skill category usually exceeded those of women. Several existing acts 
reportedly require amendments to bring them into line with the 
constitution, including the Marriage Act, the Administration of Estates 
Act, the Deeds Registry Act, and others.
    In traditional marriages a man may take more than one wife. A man 
who marries a woman under civil law may not legally have more than one 
wife, although in practice this restriction sometimes was ignored. 
Traditional marriages consider children to belong to the father and his 
family if the couple divorce. Children born out of wedlock are viewed 
as belonging to the mother. Inheritances are passed through male 
children only. Traditional authorities still exercise the right to fine 
women for wearing pants. For example, in May a Manzini-based vendors' 
association banned young females from wearing pants.
    The constitution states that ``a woman shall not be compelled to 
undergo or uphold any custom to which she is in conscience oppose.''; 
however, traditional family practices may treat a woman as an outcast 
if she refuses to undergo the mourning rite. When the husband dies, his 
widow must remain in strict mourning for one month, during which time 
she cannot leave the house, and the husband's family can move into the 
homestead and take control of its operations. In some cases the 
mourning period can last for years. During the year the media reported 
that widows and children heading households sometimes became homeless 
as a result of the custom and were forced to seek public assistance, a 
development exacerbated by the country's high rate of HIV/AIDS. The 
2006-07 Demographic and Health Survey found that 6 percent of women 
between 15 and 49 years of age were widows, half of whom had been 
dispossessed of property.
    During the year Nhlangano election officials refused to allow 
widows in mourning to register to vote.
    The Ministry of Home Affairs Gender Unit is responsible for 
coordinating women's issues. During the year the unit visited a number 
of communities as part of a national campaign against gender violence 
and launched the ``Vote for Women'' campaign with assistance from the 
UN Development Program and in collaboration with the Women and Law in 
Southern Africa.

    Children.--Government efforts to protect children's rights and 
welfare were inadequate, due in part to the growing number of orphans 
and vulnerable children (OVC), which made up an estimated 10 percent of 
the population.
    The Government did not provide free, compulsory education for 
children. The Government paid textbook costs for first through seventh 
grade students, while the student paid varying school fees and 
contributed to the building fund. The Government set per-child and per-
school limits on the amounts it paid for OVC tuition and school fees, 
but some schools complained of delayed payment and expelled OVCs for 
nonpayment of fees. Supplemental money sometimes had to be raised for 
building maintenance, including teachers' housing. Rural families 
favored boys over girls if they could not send all their children to 
school.
    Child abuse, including rape of children and incest, was a serious 
problem, but the crime was rarely reported, perpetrators of abuse were 
seldom punished, and penalties seldom matched the crime. Many children 
became HIV positive as a result of rape. A study released by the UN 
Children's Fund (UNICEF) in April found that one in three women in the 
country has suffered some form of sexual abuse as a child and that one 
in four experienced physical violence. Most sexual assaults of girls 
occurred at home, and less than half of sexual assaults were reported. 
Disabled children, children out of school, and orphans were at 
particular risk. Punishment for child abuse was minimal, and even the 
perpetrators of abuse that resulted in death were generally fined no 
more than 200 emalangeni ($21).
    Corporal punishment by teachers and principals is legal and 
routinely practiced. School regulations state that a teacher can 
administer a maximum of four strokes on the buttocks to a student 
younger than 16. On May 29, the media reported that the chairman of a 
school whipped 18 primary school children for eating their lunch from 
buckets. Some parents protested the whippings of their children.
    On September 15, the Times of Swaziland newspaper reported that 
traditional leaders in KaGwegwe whipped four girls on the buttocks for 
not dancing during their Reed Dance, an annual celebration.
    The media frequently reported on the abandonment of newborn babies 
by unwed mothers, but no official statistics were available.
    The legal age of marriage is 18 for both men and women. However, 
with parental consent and approval from the minister of justice, girls 
can marry at age 16. The Government recognized two types of marriage: 
civil marriage and marriage under law and custom. Traditional marriages 
under law and custom can be with girls as young as 14. Critics of the 
royal family said the king's many wives and young fiancees, some of 
whom were 16 years old, set a poor example in a country with an HIV/
AIDS prevalence at 33.4 percent among persons between 15 and 49 years 
of age.
    The law prohibits prostitution and child pornography, provides 
protection to children less than 16 years of age from sexual 
exploitation, and sets the age of sexual consent at 16 years. There 
were reports that girls worked as prostitutes, including vulnerable 
children orphaned by HIV/AIDS and street children.
    There were growing numbers 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 they struggled to survive in 
child-headed households. Some lost their property to adult relatives. 
NGOs, such as the National Emergency Response Committee on HIV and 
AIDS, a private group partly funded by the Government and by 
international donors, assisted some AIDS orphans.
    With more than 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; however, existing statutes against crimes such as kidnapping, 
forced and compulsory labor, aiding and abetting ``prohibited 
immigrants'' to enter the country, brothel keeping, and procurement for 
prostitution could be used to prosecute traffickers. A human 
trafficking problem was suspected but neither substantiated nor ruled 
out by specific reporting or official investigation. Anecdotal evidence 
indicated children were trafficked internally or from Mozambique for 
domestic servitude in the homes of wealthy families, as well as through 
the country to South Africa for domestic servitude and possibly also 
for commercial sexual exploitation. According to the International 
Organization for Migration, Chinese women were trafficked through the 
country and sold in neighboring countries.
    There were no known investigations or prosecutions of trafficking 
cases during the year. No government agency is specifically responsible 
for combating trafficking in persons or maintaining records 
distinguishing trafficked persons from other illegal immigrants or 
refugees.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution provides protection 
for persons with disabilities and requires parliament to enact relevant 
implementing legislation. However, parliament had not passed laws to 
prohibit discrimination against persons with disabilities in employment 
or to provide access to health care or other state services by year's 
end. Persons with disabilities have complained of government neglect. 
There are no laws that mandate accessibility for persons with 
disabilities to buildings, transportation, or government services, 
although government buildings under construction included some 
improvements for those with disabilities, including accessibility 
ramps.
    There is one school for the deaf and one special educational 
alternative school for children with physical or mental disabilities. 
Only 25 percent of adults with disabilities were employed, mostly in 
the private sector, according to a 2006 study conducted by the Ministry 
of Health and Social Welfare. In 2006 the minister for enterprise and 
employment found that of 10,600 visually impaired persons in the 
country, only three were employed. Despite the minister's 2006 pledge 
to introduce a bill compelling employers to create specific jobs for 
the visually impaired, no bill had been introduced by year's end. The 
hospital for persons with mental disabilities in Manzini was 
overcrowded and understaffed.
    In October a blind man was appointed as a senator, marking the 
first time a person with disabilities served in parliament.

    National/Racial/Ethnic Minorities.--The constitution forbids 
discrimination on the grounds of race, color, ethnic origin, tribe, or 
birth; however, governmental and societal discrimination was practiced 
against non-ethnic Swazis, generally white persons and persons of mixed 
race. Although there were no official statistics, an estimated 2 
percent of the population was non-ethnic Swazi. Non-ethnic Swazis 
experienced difficulty in obtaining official documents, including 
passports, and 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 prevalent, and homosexuals generally concealed 
their sexual preferences.
    There was a social stigma associated with being HIV positive, which 
discouraged persons from being tested, despite public relations 
campaigns to promote testing. Nevertheless, there were often long lines 
of persons waiting to be tested during prevention campaigns, especially 
among the young. The military encouraged testing and did not 
discriminate against those testing positive.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law provide that 
workers have the right to form and join associations of their choice, 
including trade unions, without previous authorization or excessive 
requirements, and workers exercised this right in practice, with some 
exceptions. Employees in essential services, which included police and 
security forces, correctional services, firefighting, health, and many 
civil service positions, may not form unions. Unions must represent at 
least 50 percent of employees in a work place to be automatically 
recognized; otherwise, recognition is left to the discretion of 
employers. Approximately 80 percent of the formal private sector was 
unionized. The law allows unions to conduct their activities without 
government interference. The law does not specifically permit strikes, 
but it allows employees who are not engaged in essential services to 
participate in peaceful protest action to promote their socioeconomic 
interests.
    On May 23, the Supreme Court upheld a High Court ruling that banned 
registration of unions within the disciplined forces; in 2007 the 
unregistered Swaziland Police Union (SWAPU) and the Swaziland 
Correctional Officers Union filed suit to register as unions. SWAPU 
claimed that the 2000 Industrial Act, which excludes the disciplined 
forces from the right to form a union, conflicted with constitutional 
provisions on freedom of expression and association. The Supreme Court 
urged parliament in its decision to reconsider the conflicting articles 
of legislation.
    The procedure for announcing a protest requires an advance notice 
of at least 14 days. The law details the steps to be followed when 
disputes arise and provides penalties for employers who conduct 
unauthorized lockouts. When disputes arose with civil servant unions, 
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.
    From March 3-10, in Manzini and Nhlangano, police shot, beat, and 
used tear gas to disperse thousands of textile and public transport 
workers engaged in a legal strike; an estimated 40 persons-mostly 
women-were injured, according to the Swaziland Manufacturing and Allied 
Workers Union. Police also briefly detained eight workers, one of whom 
was charged with intent to organize and illegal demonstration; police 
reportedly took another detainee to a dam, where he was submerged 
multiple times in an effort to obtain information. Union members 
subsequently suspended the textile workers' strike due to the intensity 
of police attacks. Police spokesperson Vusi Masuku said police had used 
minimal force.
    Police also detained union leaders. For example, on August 21, 10 
police officers briefly detained and interrogated SFTU secretary 
general Jan Sithole about his participation in an August 16 protest 
march at the Heads of State Summit in South Africa.
    On September 18, police briefly detained SFTU secretary general 
Sithole, Swaziland National Association of Teachers (SNAT) secretary 
general Dominic Nxumalo, SNAT member Sibongile Mabuza, SWAYOCO member 
Jerome Shongwe, and several others who were en route to a border 
blockade. During a six-hour ride in the back of a police van, police 
interrogated and threatened them with physical abuse, eventually 
dumping the men at police headquarters in Manzini. Other political 
party members detained by police were dumped in a forest in Nkhabba.
    Unlike in the previous year, there were no reports that union 
leaders were ordered to surrender their travel documents after 
attending meetings abroad.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and law provide for the right to organize and bargain 
collectively, and the Government generally respected this right in 
practice. However, employer interference with representatives of 
workers' councils to negotiate rules and terms of conditions of work 
contributed to the failure of some trade unions to negotiate or promote 
collective bargaining agreements.
    The law prohibits antiunion discrimination; however, such 
discrimination continued to occur. 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 
private sector management in various industries dismissed workers for 
union activity, but no cases were pursued through the courts. Other 
concerns identified by unions were undefined hours of work and pay 
days, assaults on workers by supervisors, surveillance by hired 
security officers of trade union activity, both at the workplace and 
outside, and the use of workers' councils stacked with employer-picked 
representatives to prevent genuine worker representation. The 
allegations of antiunion discrimination were most common in the mostly 
foreign-owned garment sector.
    There are no 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. The SFTU 
characterized the 1998 Administrative Order as a form of forced labor, 
noting that it reinforced the tradition of residents performing 
uncompensated tasks for chiefs, who could penalize those who did not 
participate.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
constitution and law prohibit child labor, but child labor was a 
problem. The law prohibits hiring a child younger than 15 in an 
industrial undertaking, except in cases where only family members were 
employed in the firm, or in technical schools where children worked 
under supervision. However, children were vulnerable to joining the 
workforce early to survive or support their families, and the law does 
not provide for compulsory primary school education. The law limits the 
number of night hours that children may work on school days to six and 
the overall hours per week to 33.
    Employment of children in the formal sector was not common, but 
children were found doing unpaid labor and often exposed to harsh 
conditions of work. In rural areas, children below the minimum age 
frequently were employed in the agricultural sector, particularly in 
the eastern cotton-growing region, and were employed as domestic 
workers and as herder boys. Children reportedly worked in towns as 
traders, hawkers, porters, car wash attendants, and bus attendants. 
Minors were reportedly victims of prostitution and trafficking.
    The Ministry of Enterprise and Employment's Department of Labor was 
responsible for enforcement, but its effectiveness was limited by 
personnel shortages and other resource constraints.

    e. Acceptable Conditions of Work.--The Ministry of Enterprise and 
Employment sets wage scales for each industry. 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 300 emalangeni ($32), for an unskilled worker 420 
emalangeni ($45), and for a skilled worker 600 emalangeni ($64). In May 
correctional and police officers received a 15 percent pay increase, 
backdated to April 1. In October 2007 the Government agreed to a 140-
million-emalangeni ($15 million) pay increase backdated to April for 
civil servants, to include a 4.5 percent increase in living allowances 
and a 225 percent increase in housing allowances, the latter 
representing an increase of 100 emalangeni ($11) to 650 emalangeni 
($70). These minimum wages still did not provide a decent standard of 
living for a worker and family. Migrant workers were not covered under 
minimum wage laws. Wage arrears, particularly in the garment industry, 
were a problem.
    There was a standard 48-hour workweek for most workers and a 72-
hour workweek for security guards. The law permits all workers at least 
one day of rest per week and provides for premium pay for overtime. 
Most workers received a minimum of 12 days of annual leave. Workers 
receive 14 days of sick leave with full pay, and 14 days with half pay 
after three months of continuous service; however, these provisions 
apply only once per calendar year. No sick leave is granted if an 
injury results from an employee's own negligence or misconduct. These 
standards do not apply to foreign and migrant workers. The labor 
commissioner conducted inspections in the formal sector; however, these 
inspections generally did not result in enforcement of the law.
    The constitution calls on parliament to enact new laws to protect a 
worker's right to satisfactory, safe, and healthy employment 
conditions; however, parliament had not enacted any such laws by year's 
end. The law provides for some protection of workers' health and 
safety. The Government set safety standards for industrial operations 
and 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 have no legal right to 
remove themselves from dangerous workplaces without jeopardizing their 
continued employment, and collective bargaining agreements do not 
address the matter.
    There were extensive provisions allowing workers to seek redress 
for alleged wrongful dismissal, and these provisions frequently were 
invoked during the year.

                               __________

                                TANZANIA

    The United Republic of Tanzania, with a population of approximately 
40 million, is a multiparty republic consisting of the mainland and the 
Zanzibar archipelago, whose main islands are Unguja and Pemba. The 
union is headed by a president, who is also head of government; its 
unicameral legislative body is the National Assembly (parliament). 
Zanzibar, although integrated into the country's governmental and party 
structure, has its own president, court system, and legislature, and 
exercises considerable autonomy. In the 2005 union presidential and 
legislative elections, Jakaya Kikwete was elected president, and the 
ruling Chama Cha Mapinduzi (CCM) Party made significant gains in 
parliament. Observers considered the union elections on both the 
mainland and in Zanzibar to be largely free and fair. The 2005 
elections for president of Zanzibar were more contentious, however, 
with serious irregularities and politically motivated violence. 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.
    There were a number of continuing human rights problems. Police and 
prison guards used excessive force against inmates and suspects, at 
times resulting in death, and police impunity was a problem; prison 
conditions were harsh and life threatening; there was widespread police 
corruption and violation of legal procedures; the judiciary suffered 
from corruption and inefficiency in the lower courts; freedom of speech 
and press were partly limited; governmental corruption remained a 
problem; authorities restricted the movement of refugees; societal 
violence against women persisted; and trafficking in persons and child 
labor were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
politically motivated killings by the Government or its agents during 
the year; however, on several occasions security forces used lethal 
force against citizens, including persons in custody. Senior police 
officials accused subordinate officers of unlawful killings. For 
example, in January villagers in the Isaka village of Kahama district 
reported that local policemen beat 16-year-old James Deus to death 
while in custody for allegedly being part of an armed robbery attack on 
a petrol station in Shinyanga region. No information was available on 
how the authorities responded to the killing.
    At year's end 15 police officers allegedly involved in shooting and 
killing three gemstone dealers and a taxi driver near Dar es Salaam in 
2006 were on trial for murder. A special commission headed by a high 
court judge investigated the incident and concluded that the victims 
were not robbers, as the police claimed, nor had they been resisting 
arrest.
    Deaths as a result of mob violence, including by stoning, beating, 
hacking with machetes, and burning, declined following a government 
outreach campaign and non-governmental organization (NGO) efforts to 
discourage such violence. However, there were at least five reports of 
lynchings and one man beaten to death for petty crime. In February 
Mtwara Regional Commissioner Anatoly Tarimo expressed concern that 11 
persons had died as a result of mob justice during the previous 13 
months. The July 22 Uhuru newspaper reported that in Chamwino district, 
Dodoma region, a mob had beaten Lukas John to death after he stabbed 
his father-in-law during a family dispute.
    In September Clarence Kipobota of the Legal and Human Rights Centre 
told the press that his office recorded 17 incidents of mob violence, 
30 incidents of ``witch'' killings, and 13 incidents of torture while 
in police custody from January to June.
    The widespread belief in witchcraft and fear of witches led to the 
continued killing of alleged witches by persons claiming to be the 
victims of witchcraft, relatives of victims, or mobs. Responding to the 
June 7 mob killing of an elderly couple on suspicion that they were 
witches, Prime Minister Mizengo Pinda condemned the killing of the 
elderly on such suspicions and urged everyone to take their concerns to 
a court of law instead of using mob justice.
    It was difficult to prosecute persons accused of killing suspected 
witches, due to the lack of police resources and an unwillingness of 
witnesses to come forward, but the Government did prosecute several 
such cases. In September four persons were arrested for killing Nyabusa 
Nyanda, aged 60, in Sengerema district, Mwanza region, after accusing 
her of being a witch. The case remained ongoing at year's end.
    Although there were unofficial reports of hundreds of persons with 
albinism killed across the country during the year, approximately 26-
mostly women and children-were confirmed killed, and numerous others 
were mutilated, in the misguided belief that their body parts could be 
used to create wealth. In October persons with albinism held a rally 
where many said that if the Government could not ensure their safety 
they would be forced to seek refuge in neighboring countries. Earlier 
in the year, the Tanzania Albino Society expressed concern to the 
Government that no arrests had been made, and questioned whether the 
Government was ignoring this crime. Subsequently, President Kikwete 
announced that the police arrested 47 persons nationwide for crimes 
connected to deaths of persons with albinism. Also during the year, 
President Kikwete ordered a crackdown on witch doctors involved in 
activities such as using body parts from persons with albinism to 
create potions; and in April he announced the appointment of a person 
with albinism-Al-Shaymaa Kwegyr-to parliament, to oversee the 
Government's efforts to defend the rights of persons with albinism. At 
year's end there were approximately 270,000 such persons living in the 
country.
    There were other incidents of mob violence during the year. 
Examples included: three persons suspected of stealing cattle and maize 
who were stoned to death and burned beyond recognition in Rukwa region; 
two suspected thieves killed in a forest between Malangali and Kasense; 
three persons tortured and burned by an angry mob for illegal fishing; 
and an angry mob killed a man for stealing two chickens.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit the practice of torture 
and cruel punishment; however, police officers abused, threatened, and 
otherwise mistreated civilians, suspected criminals, and prisoners 
during the year. Beatings were the method most commonly used. In April 
more than 150 villagers in the Ormelili, Embukoi, and Orkolili villages 
in the Siha district of Kilimanjaro region, protested routine 
harassment by local police officers. Villagers complained that the 
police forced them to vacate their houses and beat them for occupying 
land that belonged to a police college. It was also reported in April 
that police shot and injured three gemstone miners accused of working 
land belonging to a multinational mining company.
    In June Godbless Kiwelu of Dar es Salaam accused police of using 
excessive force during his arrest after a fight with a colleague. He 
claimed the police beat him and broke both his legs. At year's end the 
preliminary investigation report had been completed and forwarded to 
the Director of Public Prosecution for further action.
    Local government officials and courts occasionally used caning as a 
punishment for both juvenile and adult offenders. For example, in 
August the Shinyanga District Court sentenced an 18-year-old boy to 
five strokes of the cane for rape. Nevertheless, the practice of caning 
by teachers continued to decline in schools during the year, following 
public outreach efforts by the Ministry of Education, NGOs, and the 
press. There was some public support for caning.
    There were fewer reports during the year that soldiers beat 
civilians; classes on respecting human rights and antitrafficking 
activities had been added to the soldiers' basic curriculum. However, 
in February soldiers from the Tanzania People's Defense forces (TPDF) 
assaulted and detained five workers of the Dar es Salaam Water and 
Sewerage Corporation (DAWASCO) who had disconnected their camp water 
supply due to nonpayment of bills. The DAWASCO employees also accused 
the soldiers of stealing their cellular telephones. A newspaper 
reporter who was taking pictures of the incident later complained that 
the soldiers confiscated his camera. Following the incident, Deputy 
Minister of Home Affairs Hamis Kagasheki said the conduct of the 
soldiers was a violation of human rights and he would hold them 
accountable. There was no report on the final outcome of the case.
    During the year there were reports that prison officers sexually 
abused individuals in detention. In August prison officer Hija Mchwao 
was arrested in Zanzibar for the rape of a minor. At year's end no 
trial date had been set.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening. Diseases were common and resulted in 
numerous deaths in prisons. According to NGO reports, the leading 
causes of death were malaria, tuberculosis, HIV/AIDS, cholera, and 
diseases related to poor sanitation. Prison dispensaries offered only 
limited treatment, and friends and family members of prisoners 
generally had to provide medications or the funds to purchase them. In 
February 2007, in order to prevent the spread of HIV/AIDS in prisons, 
the Government established 12 voluntary counseling and testing centers 
to provide services to penal institutions.
    In addition to infectious diseases, the Government acknowledged 
severe problems of overcrowding, lengthy pretrial detention of 
prisoners, and holding juveniles together with adult prisoners. To ease 
overcrowding and to speed up the judicial process, prison officials 
provided transport for rural prisoners to attend courts in Dar es 
Salaam. Also, in August 395 acres of land in the Arusha region were 
allocated for the construction of a new prison. Previously, parliament 
had allocated funds for the construction of a prison.
    In April prisoners in the Bariadi prison of Shinyanga region 
complained to the Commission for Human Rights and Good Governance 
(CHRAGG), an independent government-appointed body, that prison 
officials were denying them basic rights and services. They complained 
of substandard food, lack of medication, and having only a bucket as a 
toilet. Prisoners said that when they demanded better conditions, they 
were threatened with beatings and solitary confinement. The CHRAGG 
later reported that toilet facilities were constructed in some prisons.
    In October in Zanzibar, the chairman of the CHRAGG presented the 
results of their investigative report on prison conditions in Zanzibar 
and Pemba to prison officials. The report declared that there was gross 
overcrowding in the prisons and that children younger than 15 were 
sharing cells with adult offenders.
    In early October seven prisoners in Keko prison, Dar es Salaam, 
went on a hunger strike to protest their lengthy pretrial detention. 
They ended their strike on October 9 after Judge Semistocles Kaijage 
and high court officials visited the jail and promised the prisoners 
that their cases would be heard the following month. There were no 
further reports as to whether their cases were heard in November, nor 
reports of further hunger strikes.
    The country's prisons held 45,000 convicted prisoners and pretrial 
detainees, whereas the maximum capacity of the prisons was 27,653. The 
average wait for a trial to begin was estimated at not less than three 
years, with an additional two years for completion of the trial. An 
earlier government push to ensure that gasoline was available for 
vehicles to take prisoners to court and that funds were provided for 
night court operations, reduced the time from arrest to trial outcome 
from approximately seven years.
    During the year, in an effort to improve prison conditions, the 
Government established a Department of Public Complaints with the 
responsibility to visit detainees, prisoners, pregnant prisoners, and 
children of prisoners.
    Guards sometimes beat and sexually abused prisoners during the 
year. In July Zanzibar police officials fired officer Pandu Ndame for 
the rape of a 13-year-old school girl at the police station. No 
information was available concerning the disposition of two cases from 
the previous year; one involved the rape of a 15-year-old female 
prisoner, and the other was the investigation of the rape of a 
schoolgirl inside a police station.
    At year's end there was no further information about the August 
2007 case of prison officials who allegedly severely beat and robbed 
eight youths in detention after a prison official accused some of them 
of stealing from him.
    The law requires prisoners to be separated based on age and gender, 
and whether a person is awaiting trial or has been convicted of a 
crime. However, there was only one facility for juveniles, which was 
used primarily for housing boys. Girls were almost universally given 
probation. Male juveniles awaiting trial were held in one of five 
remand homes.
    Authorities often moved prisoners to different prisons without 
notifying their families.
    Local NGOs, international organizations, and diplomatic observers 
were permitted to monitor prison conditions during the year. The 
International Committee of the Red Cross visited prisoners at the 
International Criminal Tribunal for Rwanda in Arusha, and visited 
refugees in various prisons across the country to monitor whether their 
fundamental rights were observed. The Office of the UN High 
Commissioner for Refugees (UNHCR) visited prisons holding refugees to 
learn their immigration status and to provide help to those who 
believed they had been wrongly arrested and sentenced for illegal 
immigration. International and domestic NGOs also visited prisons and 
offered legal and humanitarian assistance.
    During the year the CHRAGG visited a substantial number of prisons 
to inspect conditions, including food and water, toilet facilities, and 
congestion in sleeping quarters. The commission also inspected the 
living conditions of wardens and the food storage systems. Prisoners 
complained to the commission about the length of pretrial detention, 
the lack of copies of rulings or judgments needed so they could appeal 
their cases, their close proximity to prisoners with contagious 
diseases such as tuberculosis, the lack of blankets, and intrusive 
physical inspection when they entered and left the prisons. By law the 
commission must report to the Government and make regular follow up 
visits to make sure action has been taken. The Prisons Department then 
grades the prisons and the report and the grades are available for 
public review. Based on these reports, prisons have been provided with 
additional blankets and one prison was required to install toilets 
instead of the buckets prisoners had been using.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention; however, both were problems.
    For example, on May 11, police raided the homes of seven citizens 
in Pemba who had sent a petition to the United Nations asking for 
recognition of the rights of Pembans to self-determination. They were 
detained for six days for ``acting against the Constitution'' and were 
then released on bail as the investigation into the matter continued. 
According to representatives from the opposition party Civic United 
Front, at year's end the investigation was ongoing and the seven 
elderly citizens were still required to report periodically to the 
police station.

    Role of the Police and Security Apparatus.--The national police 
force, under the Ministry of Public Safety and Security, has primary 
responsibility for maintaining law and order. A special division called 
the Field Force Unit deals with unlawful demonstrations and riots. 
Sungusungu citizens' patrols-traditional neighborhood and village 
anticrime groups-also worked with local government leaders to support 
the police force in refugee camps and other areas. A division of the 
Ministry of Defense is responsible for external security with some 
limited domestic security responsibilities.
    The police force remained under funded and largely inefficient.
    Police use of excessive force, police corruption, and impunity were 
serious problems. During the year the commissioner for administration 
and finance of police forces, Clodwig Mtweve, stated that the police 
department was fighting internal corruption with seminars throughout 
the country and prompt action against police officers implicated in 
wrongdoing. Mtweve said this program resulted in a reduction of 
complaints against the police, but his claim could not be objectively 
verified.
    Police frequently acted as prosecutors before the courts. Many 
judicial experts criticized this arrangement as allowing police to 
manipulate evidence in criminal cases. According to NGO reports, there 
were instances where evidence was reported lost, and suspects sometimes 
avoided prosecution by bribing police officers.
    During the year there continued to be newspaper articles, civil 
complaints, and reports of police corruption from the newly established 
office for the Prevention of Corruption and Crimes Bureau (PCCB). In 
June the newspaper Habari Leo published a government survey on poverty 
and development in the country which found that the public in 10 out of 
the 21 mainland regions considered the police force as the most corrupt 
institution, followed by the courts and then the judicial system. The 
September 2 Daily News, a government daily, reported that two policemen 
were arrested in Singida region for taking bribes. During the year the 
trial began of two policemen arrested in 2006 after drugs were stolen 
from police custody at the Ministry of Home Affairs' Antinarcotics Unit 
in Dar es Salaam.
    During the year the police held training seminars on surveillance 
and detection, human rights, antitrafficking in persons, expediting 
investigations, finalizing criminal cases, and how to deal with 
opposition political party members. On July 14, inspector general of 
police Saidi Mwema inaugurated a six-day seminar to sensitize police 
officers on sexual crimes against women and children. Police sometimes 
collaborated with international experts for training.
    The law grants legal status to the Sungusungu village anticrime 
groups. Sungusungu members are appointed from communities by local 
governments with citizen participation. They have the authority to 
arrest suspects; they carry wooden clubs but no firearms. Family units 
of a neighborhood in which Sungusungu operated customarily either 
contributed money to the Sungusungu for patrols, or provided a 
volunteer to participate in patrols. In refugee camps, Sungusungu 
groups composed of refugees acted as security forces supplementing 
contingents of regular police. Some Sungusungu units were criticized 
for using excessive force, including severely beating suspects 
resulting in death. In March residents of Chababala, Nyabishenge, and 
Kaisho villages in Kagera region asked their district officials to take 
action against the Sungusungu for routinely inciting villagers to take 
mob action.

    Arrest and Detention.--The law requires that persons be apprehended 
openly with warrants based on sufficient evidence, and authorities 
generally complied with the law. The law also requires that a person 
arrested for a crime, other than a national security detainee, be 
charged before a magistrate within 24 hours of arrest; however, in 
practice the police often failed to comply with this requirement. The 
law gives accused persons the right to contact a lawyer or talk with 
family members, but authorities at times denied this right. Prompt 
access to counsel was often limited by the lack of lawyers in rural 
areas, the lack of communication systems and infrastructure, and the 
illiteracy and poverty of the accused. Authorities promptly informed 
detainees of the charges against them. The Government provided legal 
representation for indigent defendants and for all suspects charged 
with murder or treason. The law does not allow bail for the offenses of 
murder and treason. According to a high court judgment in July 2007, 
denial of bail for the offense of armed robbery is unconstitutional. 
This ruling gave the Government 18 months to make the necessary 
legislative changes; however, at year's end there were no legislative 
changes reported. When bail is granted in some cases, strict conditions 
on freedom of movement and association are imposed. In the primary and 
District Courts, bribes sometimes determined whether or not bail was 
granted.
    By law the president may order the arrest and indefinite detention 
without bail of any person considered dangerous to the public order or 
national security. The Government must then release such detainees 
within 15 days or inform them of the reason for their continued 
detention; it also allows a detainee to challenge the grounds for 
detention at 90-day intervals. The Government has additional broad 
detention powers under the law, which permits regional and district 
commissioners to arrest and detain for 48 hours anyone who may 
``disturb public tranquility.'' This act was not invoked during the 
year.
    During the year the courts of law continued to adjudicate election 
petitions by aggrieved parties in connection with the 2005 elections. 
By year's end all but one of the 36 such cases had been decided: 30 in 
favor of the plaintiffs and one in favor of the defendant. Five cases 
were dismissed for failing to meet legal requirements.
    In 2007 approximately 44 percent of the prison population were 
pretrial detainees. Detainees charged with criminal matters generally 
waited several years for trial due to the time required to complete 
police investigations, a lack of judges to hear cases, and an 
inadequate judicial budget. Demands by police and court officials for 
bribes further delayed many trials. Pretrial detention at times 
exceeded the legal penalty for the offense charged. Observers estimated 
that 5 percent of detainees held in remand were ultimately convicted, 
and often those convicted had already served their full sentences 
before their trials were concluded. A government official estimated 
that it took up to five years for homicide cases to reach the high 
court. According to a March 2007 article in the Guardian newspaper, 
some suspects had spent as many as 15 years in prison without having 
their cases heard before a court.
    In October more than 57 pretrial prisoners refused to get off a bus 
at the Arusha regional court because the investigations of their cases 
were taking too long. The prisoners accused the regional crimes officer 
of delaying the investigations. The prisoners also claimed that fellow 
prisoners were released within six months of arrest if they bribed the 
relevant officials. These prisoners, having been charged with murder, 
were not eligible for bail.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, the judiciary remained under funded, 
corrupt, inefficient, and subject to executive influence. Corruption 
was particularly pervasive among lower court officials and court 
clerks.
    Court clerks took bribes to decide whether or not to open cases and 
to hide or misdirect the files of those accused of crimes. According to 
news reports, magistrates of lower courts occasionally accepted bribes 
to determine guilt or innocence, pass sentences, or decide appeals of 
cases coming from the primary courts to District Courts. A December 
2007 edition of Nipashe reported that the PCCB arrested a magistrate of 
the Temeke District Court, charged with demanding a bribe of 4 million 
shillings (approximately $3,600). The same newspaper reported the 
arrest of another magistrate of the Kisutu resident magistrate's court 
for demanding a 60,000 shillings ($50) bribe. At year's end both cases 
were still awaiting a hearing date.
    The union Ministry of Justice faced a critical shortage of court 
buildings. In April 2007 a senior high court official in Dar es Salaam 
reportedly told law sector reform officials that eight regions of the 
country did not have high courts. To a limited extent this problem was 
addressed by having roving judges and prosecution and defense lawyers, 
but the cost of traveling to the nearest court was often prohibitive. 
During the year the Zanzibar Ministry of Justice also faced a shortage 
of magistrates and judges; Zanzibar hired additional judges and 
magistrates from the mainland and from Nigeria to speed up the trial 
process.
    Both the union and Zanzibar legal systems are based on British 
common law and also recognize customary and Islamic law in civil cases. 
In criminal matters both Christians and Muslims are governed by 
statutory or common law.
    A Judicial Service Commission, chaired by the chief justice of the 
Court of Appeal, appoints all judges except those for the Court of 
Appeal and the high courts, who are appointed by the president. All 
courts, including Islamic courts in Zanzibar, are staffed by civil 
servants.
    The country has a five-tier judicial system whose highest court is 
the Court of Appeal. In addition, in Zanzibar, whose population is 
almost entirely Muslim, there is a system of Islamic kadhi courts with 
its own hierarchy, topped by a kadhi court of appeal. These courts hear 
matters involving customary Islamic law on family and related matters. 
On the mainland, civil law essentially governs all persons involved in 
cases of child custody and divorce. Islamic and customary law govern 
other family matters for Muslims and Christians, respectively. The 
issue of establishing a kadhi court on the mainland, which has divided 
Muslim and Christian leaders, remained contentious.
    There was one juvenile court; however, it was overburdened and 
handled cases only for young offenders in Dar es Salaam. Juvenile 
offenders in other regions were tried in adult courts in most cases, or 
waited months for cross-country transportation to the juvenile court.
    The law also provides for commercial courts, land courts, housing 
tribunals, and military tribunals. Military tribunals do not try 
civilians, but defendants convicted by military tribunals may appeal to 
the High Court and the Court of Appeal.

    Trial Procedures.--With some exceptions, criminal trials were open 
to the public and the press. Courts that hold secret proceedings-such 
as in drug trafficking cases-generally are required to provide reasons 
for closing proceedings. In cases involving terrorism suspects, the law 
provides that everyone except the interested parties may be excluded 
and that information may be under special arrangements for the 
protection of witnesses. The law prohibits lawyers from appearing or 
defending clients in primary level courts.
    Juries are not used. The law provides for the presumption of 
innocence. Defendants or their lawyers have access to evidence held by 
the Government, the right to question witnesses, and the right to 
present evidence on the defendant's behalf. All defendants charged with 
civil or criminal matters-except parties appearing before kadhi courts 
and cases examining the constitutionality of Zanzibar laws-could appeal 
decisions to the high courts and the Court of Appeal. The law provides 
a right to free counsel for defendants accused of murder and treason as 
well as for indigent defendants in other serious cases. Most indigent 
defendants charged with lesser crimes did not have legal counsel.
    There were only a few hundred practicing lawyers in the country, 
although the number continued to increase. Most defendants in urban 
areas who could not afford to hire a legal representative or lawyer 
represented themselves in court, but women and the economically needy 
were provided with free legal assistance by the Government and some 
NGOs, such as the Tanzania Women Lawyers Association (TAWLA) and the 
National Organization for Legal Assistance.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Civil proceedings are 
administered in the High Court or at the magistrate or district level. 
Persons may bring lawsuits seeking damages or the cessation of human 
rights violations; however, civil judicial procedures often were slow, 
inefficient, and corrupt.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law generally prohibits such actions without a 
search warrant; however, the Government did not consistently respect 
these prohibitions. 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 or if 
circumstances are serious and urgent. During the year security forces 
increasingly sought search warrants in accordance with the law, and 
citizens had a greater awareness of their civil liberties and 
complained when they were violated.
    The law relating to terrorism permits high-ranking police officers 
to conduct searches without a warrant in certain urgent cases; there 
were no reports that this provision of the act has ever been invoked.
    It was widely believed that security forces monitored telephones 
and correspondence of some citizens and foreign residents.
    On April 24, the Court of Appeal heard the appeal of a High Court 
decision against 135 villagers who claimed that in 2001 they had been 
illegally evicted from their land by government officials in the 
Nyamuma villages of Serengeti district in Mara region. CHRAGG had ruled 
in the villagers' favor, while the Government ruled it would not 
compensate or resettle the villagers because CHRAGG had no authority to 
compel the state to do so. On appeal, The High Court agreed with the 
state's decision. However, during the year the NGO Legal and Human 
Rights Center took on the case and the Court of Appeal ruled that the 
case had enough merit to be heard again by the High Court, with a new 
judge who would not be influenced by the previous decision. The 
claimants were asking for compensation of 900 million Tanzanian 
shillings (Tshs. (approximately $750,000) and resettlement to the parts 
of Nyamuma that were not taken over by the Government. At year's end 
the parties to the suit were awaiting a hearing date.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech but does not explicitly provide for freedom of the 
press.
    The use of abusive or derogatory language to publicly describe the 
country's leadership is punishable by arrest and prosecution under the 
penal code. This provision was applied in October 2007 when the 
chairman of the opposition Democratic Party, Reverend Christopher 
Mtikila, was arrested for the offence of ``instigating disorder and 
creating hatred among sections of the societ.''; he had distributed 
leaflets accusing President Kikwete of being a terrorist who wanted to 
establish a mainland kadhi court system. At year's end trial had not 
begun.
    The president publicly expressed support for press freedom, and 
journalists were generally able to publish articles, for example 
alleging corruption by government officials, without reprisal. The 
Media Council, a professional organization for journalists, met with 
parliament in August to express concern over proposed amendments to the 
Media Services Bill and the Right to Information Bill. The Media 
Council was concerned by ambiguities in the law and asked that no steps 
be taken in future legislation that might restrict freedom of the 
press.
    During the year the weekly Swahili newspaper MwanaHalisi was 
involved in several conflicts with government authorities. In January 
unidentified persons attacked MwanaHalisi's managing editor, Saeed 
Kubenea, and his media consultant, Ndimara Tegambwage, pouring acid on 
their faces and cutting them with machetes. Government officials 
launched an investigation into the crime, but the attackers were not 
identified. Many speculated that they were ruling party loyalists 
sympathetic to the Government officials criticized by MwanaHalisi. 
President Kikwete publicly condemned the attack and made a nationally 
televised visit to the hospitalized victims to demonstrate his concern.
    On July 18, police raided MwanaHalisi's office and took computers 
because of a published article on a corruption case which was under 
judicial investigation, thus in violation of the PCCB statute against 
such actions. The editor was detained; he was released after several 
hours and the computers were returned.
    In October the Government suspended MwanaHalisi for three months, 
alleging the paper had ``consistently published seditious material.'' 
The suspension followed MwanaHalisi's publication of an article on an 
alleged plot involving President Kikwete's son to prevent the 
president's reelection in 2010. The Editor's Forum, representing all 
the major media houses, asked the president to reverse the decision, 
and to appoint a new minister of information. The suspension remained 
in effect at year's end.
    On February 18, Maxence Mello and Mike Mushi, editors of Jambo 
Forums, a popular public discussion Web site, were detained for 24 
hours and their site closed for five days for ``disseminating wrong 
information'' concerning a scandal-ridden private energy deal involving 
the then-prime minister.
    The mainland government allowed political opponents unrestricted 
access to the media. Publications such as the opposition party 
CHADEMA's Tanzania Daima, were published daily.
    Although the media were primarily government-controlled in 
Zanzibar, political opposition spokespersons had access to the media. A 
permit was required for reporting on police or prisons activities, and 
journalists needed special permission to attend meetings in the 
Zanzibar house of representatives. Anyone publishing information 
accusing a Zanzibar member of parliament of involvement in illegal 
activities was liable to a fine of not less than 250,000 thousand 
Tanzania Shillings (approximately $280), or three years' imprisonment, 
or both. Nothing in the law specifies whether this penalty stands if 
the allegations were proven to be true. Also, under the Newspaper Act, 
the Government was empowered to fine and suspend newspapers without 
warning.
    The Committee to Protect Journalists (CPJ) published an article in 
February, also cited by the UNHCR journal RefWatch, expressing 
concerning over the arbitrary arrest of journalists ``in an attempt to 
silence public dialogue.'' Officially, journalists were arrested for 
violating the country's criminal statute against reporting slanderously 
on political leaders. Similar arrests and detentions were reported by 
individuals asking sensitive questions of politicians at political 
events. The charges were not always clearly stated, and the actions of 
the police officers, such as searching homes and seizing equipment, 
were not always authorized under the law.
    Registering newspapers remained difficult and was at the discretion 
of the Registrar of Newspapers at the Ministry of Information on both 
the mainland and Zanzibar. On the mainland, many radio stations and all 
but one television station were privately owned. There were government 
restrictions on broadcasting in tribal languages.
    In Zanzibar, one of the two newspapers was privately owned and the 
other was government owned. The Government controlled all content of 
radio and television broadcasts, whether privately or publicly owned.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. During the year the police started monitoring the 
Internet to prevent trafficking in persons and other illegal 
activities. Web sites and blogs critical of the Government faced the 
same scrutiny and possibility of arrest as print journalists. However, 
in general, individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail. The number 
of Internet cafes and providers increased during the year; however, 
since only 10 percent of citizens had access to electricity, Internet 
access was severely limited.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, and the 
Government generally respected this right in practice.
    The Government requires organizers of rallies to obtain police 
permission. Police may deny permission on public safety or security 
grounds or if the permit seeker belongs to an unregistered organization 
or political party. In October, during a by-election in Tarime, Mara 
region, the CHADEMA opposition party candidate and other party leaders 
were arrested for addressing a campaign rally without a police permit. 
CHADEMA officials accused police authorities of using tear gas to 
disperse CHADEMA supporters, beating their officials, and severely 
injuring three of them.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, there were some limits on this freedom.
    Religious organizations must register with the Ministry of Home 
Affairs. To register, a religious organization must have at least 10 
followers and present a constitution, the resumes of its leaders, and a 
letter of recommendation from the district commissioner of the locale 
where the organization would be based. Muslim groups on the mainland 
also were required to submit a letter of recommendation from BAKWATA, 
the council that governs Islamic matters on the mainland, and from the 
office of the mufti in Zanzibar.
    There were no reports that the Government refused to register any 
group during the year.
    The law prohibits preaching, or distributing materials, that are 
inflammatory or a threat to the public order. For example, the office 
of the chief mufti of Zanzibar banned four Islamic preachers from the 
mainland for preaching sermons that might lead to a breach of the peace 
after they were accused of slandering other faiths. In 2007 the 
Government occasionally rejected requests from religious groups seeking 
to hold demonstrations because of the possibility that the gathering 
could become confrontational or inflame religious tensions. In December 
2007 and March 2008, the deputy mufti of Zanzibar revoked the permit of 
the Daawa Islamic Youth Group, which had been allowed to preach 
throughout the country, for making defamatory statements regarding 
Christianity.
    In October a trial magistrate dismissed the 2006 case against 
Christian minister Cecil Simbaulanga for lack of evidence; Simbaulanga 
had been arrested for ``inflammatory preaching'' that insulted Islam. 
However, he still had to answer other charges of insulting Islam in a 
separate incident in Kigoma region.
    During the year Muslim religious leaders appealed to the Government 
to introduce kadhi courts and Shari'a law to the mainland for the 
adjudication of Islamic civil matters. Christian groups have objected 
that such courts would violate government neutrality among religions 
and that the union constitution did not provide for a national kadhi 
court.

    Societal Abuses and Discrimination.--Government policy prohibits 
discrimination against any individual on the basis of religious beliefs 
or practices. Some Muslim groups charged that the Government 
discriminated against them in hiring, education, and law enforcement 
practices, and some Christian groups said that all sensitive government 
positions were filled by Muslims, but neutral observers said that there 
did not appear to be government bias toward any particular religious 
group.
    There were sporadic reports of religion-based violence and 
disturbances in various communities. Most of these reports involved 
practitioners of animism targeted by members of the community who 
objected to their traditional beliefs.
    In January villagers in Idiwili, Mbeya region, burned down the 
house of a Pentecostal preacher they accused of using witchcraft 
against them, and then fled their homes for fear of reprisal from the 
police.
    In March a Muslim publication reported that Muslim primary school 
girls who wore the headscarf in public schools were being harassed by 
some of their teachers. A Muslim cleric complained that some children 
were not allowed to wear the headscarf in class, although this 
situation did not appear to be widespread.
    The Jewish population was very small; there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. The 
Government cooperated with the office of the UNHCR and other 
humanitarian organizations in providing protection and assistance to 
refugees and asylum seekers. The Government detained and deported 
illegal immigrants.
    Police at checkpoints sometimes solicited bribes.
    The law does not permit the forced exile of citizens, and the 
Government did not use forced exile in practice.

    Protection of Refugees.--The law provides for the granting of 
refugee status or asylum in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. In December the minister of home affairs 
announced that approximately 200,000 refugees who arrived from Burundi 
in 1972 would be granted citizenship. In close consultation with UNHCR, 
the Government began the process of identifying those qualified for 
citizenship and local integration.
    UNHCR officials were permitted to be present at border screenings 
for refugees and the International Organization for Migration (IOM) was 
permitted to enter detention facilities to help distinguish illegal 
migrants from trafficking victims.
    There were approximately 440,000 refugees in the country at the 
start of the year, but only approximately 130,000 by the end of the 
year, primarily from Burundi and the Democratic Republic of the Congo 
(DRC). Two hundred thousand Burundi refugees from the 1972 exodus were 
still officially refugees but lived independently, were granted special 
status by UNHCR and the Government, and were being processed for 
citizenship. They were not generally included in the official count of 
refugees. All other Burundi refugees, except for approximately 50,000, 
were returned to Burundi as the political situation there improved.
    As of October there were three UNHCR-supported camps. It remained 
illegal for refugees to live outside their camps or settlements, or to 
travel outside the camps without permits, except to collect firewood 
within two and a half miles of the camps. Refugees and asylum seekers 
who were apprehended outside camps without permits were sentenced to 
community service, rather than imprisonment and deportation as had been 
the case in earlier years.
    The UNHCR, with government cooperation, continued to provide 
security for refugees.
    During the year the Government investigated, prosecuted, and 
punished perpetrators of abuses in the refugee camps; most cases of 
refugees involved in crime and abuse outside the camps were handled by 
local authorities. Residents of refugee camps suffered delays and 
limited access to courts, common problems faced by citizens as well. 
There were reports that some refugees engaged in intimidation and 
vigilante justice within camps, but fewer reported cases than in 
previous years.
    Burundian and Congolese refugees continued to return home during 
the year, motivated by improved security in Burundi and, earlier in the 
year, in the DRC, as well as by strong encouragement from the 
Government and UNHCR assistance. During the year the tripartite 
commission, composed of the UNHCR and the Governments of Tanzania and 
Burundi, encouraged repatriation by closing schools in the camps and 
stopping refugee income-generating projects. Seven camps were closed 
during the year and the UNHCR facilitated the repatriation of over 
70,000 Burundian refugees and more than 20,000 refugees to the DRC. All 
returns were voluntary; however, some refugees departed under the 
perceived threat of restrictions on their activities from local 
politicians or of forced return to a country where they feared life was 
not safe or economically viable.
Section 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 elections on 
the mainland and in Zanzibar. However, electoral irregularities, 
political violence, and legal and financial provisions that favored the 
ruling CCM Party limited the effectiveness of the electoral process in 
Zanzibar. Political parties are required by law to support the union 
between Tanganyika and Zanzibar; it also prohibits parties based on 
ethnic, regional, or religious affiliation. Unregistered parties were 
prohibited from fielding candidates during the 2005 elections.

    Elections and Political Participation.--Separate elections are held 
on the mainland and on Zanzibar, sometimes on the same day, in which 
citizens of the two parts of the union elect local officials, members 
of the national parliament, and a union (national) president. In 
addition Zanzibaris separately elect a president of Zanzibar and 
members of the Zanzibar House of Representatives.
    In 2005 Jakaya Kikwete, the CCM candidate, was elected president of 
the union with 80.2 percent of the vote in an election widely 
considered by observers as more free and fair than previous elections; 
however, the campaigns preceding them were marked by violence in some 
regions.
    In 2005 voters in the semiautonomous archipelago of Zanzibar 
elected a president, legislators, and local representatives for the 
archipelago. CCM candidate Amani Karume, the incumbent president, was 
reelected with 53 percent of the vote in an election marred by 
irregularities and violence.
    Harassment of opposition political parties by the Government has 
diminished since 2005. Individuals and parties could freely declare 
their candidacy and stand for election. The law requires that persons 
running for office must represent a registered political party. During 
the year, there were two parliamentary by-elections. Although Chadema, 
an opposition party, won one of the by-elections, it alleged that the 
police used undue force against its members during the campaigns.
    In Zanzibar, particularly on Pemba, opposition party members 
claimed that the Government, the largest employer, discriminated 
against them in hiring.
    The registrar of political parties has sole authority to approve 
registration of any political party and is responsible for enforcing 
regulations on registered parties. Parties granted provisional 
registration may hold public meetings and recruit members. To secure 
full registration and to be eligible to field candidates for election, 
they have six months to submit lists of at least 200 members in 10 of 
the country's 26 regions, including two of the five regions of 
Zanzibar.
    The election law provides for parliamentarians completing a term to 
receive Tshs. 20,000,000 (approximately $16,000) as a ``gratuity,'' 
which incumbents can use in reelection campaigns. Several NGOs and 
opposition parties criticized this provision, saying that it made it 
extremely difficult for aspiring parliamentary candidates from 
opposition parties to mount an effective challenge.
    During the year, Christopher Mtikila, leader of the opposition 
Democratic Party, expressed concern about the long judicial process in 
handling the 2007 government appeal of a 2006 ruling by the High Court, 
which allowed independent candidates to contest local and national 
elections. The appeal remained pending at year's end.
    The law requires that women occupy at least 30 percent of seats in 
parliament. Women are appointed by their respective political parties 
to serve in seats set aside for them, according to the number of seats 
their parties win. After the 2005 elections there were 75 special seats 
for women, and at year's end there were 91 women in the 320-seat 
parliament. After taking office in 2005, President Kikwete appointed 
seven women ministers (compared with four in the former administration) 
and 10 women deputy ministers. Some of these women were appointed to 
head key ministries, including foreign affairs, finance, and justice. 
During the year at least seven women served as judges of the High Court 
and one woman served as a justice of the Union Court of Appeal. Women 
held 18 seats in the 81-seat Zanzibar House of Representatives and four 
positions in the cabinet of the Zanzibar government.
    There were 11 members of parliament of Asian origin in the 320-seat 
National Assembly; at the start of the year there was one who served as 
minister of finance. After a February cabinet reshuffle, there were no 
ministers of Asian origin.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. Despite improvements in recent 
years, the World Bank's Worldwide Governance Indicators reflected that 
corruption remained a serious problem. During the year, the Government 
began prosecuting several high-profile corruption cases.
    Beginning in October, the Government arrested and filed charges 
against more than twenty individuals, including four officials of the 
Bank of Tanzania, for their involvement in a scheme to obtain funds 
fraudulently from the bank's external payment arrears account. On 
October 31, President Kikwete announced that the Government had 
recovered Tshs. 69 billion (approximately $53 million) of the Tshs. 90 
billion fraudulently paid to 13 companies. An additional Tshs. 42 
billion paid to nine companies that remained under investigation at 
year's end.
    In November the Government launched prosecutions against two former 
ministers of finance, one of whom was a sitting member of parliament, 
for abuse of office and occasioning loss to the Government of Tshs. 
11.7 billion (approximately $10 million). In December the just-retired 
permanent secretary in the Ministry of Finance was charged in the same 
case.
    The Government continued to use specialized agencies to fight 
corruption, but their effectiveness was limited. A three-person unit in 
the Ministry of Good Governance, a department within the president's 
office, was charged with implementing anticorruption legislation, 
coordinating anticorruption efforts, and collecting information from 
all the ministries for publication in quarterly reports; however, this 
unit was not effective.
    There was little accountability in most government entities; senior 
government officials estimated that 20 percent of the Government's 
budget in each fiscal year was lost to corruption, including theft and 
fraud, and including fake purchasing transactions. For example in 
January, 12 accountants working in the country's embassies were 
recalled due to misappropriation of funds. All were given disciplinary 
actions such as probations and suspensions; several were forced to 
retire.
    Preliminary hearings in a corruption case involving a former 
ambassador to Italy began in August 2007; at the end of the year the 
case was ongoing.
    Out of concern for corruption allegations in November 2007, 
President Kikwete appointed a former attorney general as chairman of a 
committee to review all mining contracts. Members of the committee 
included legislators from the ruling CCM Party and from the opposition, 
as well as private sector and senior government officials. In November, 
after consideration of the committee's findings and recommendations, 
parliament proposed resolutions which included provisions for the 
amendment of all laws pertaining to mining. Parliament also ``urged'' 
that all mining companies and contracts be placed in hold until 
parliament is able to debate the issue during its 2009 session.
    In September the PCCB director general indicated that the PCCB was 
investigating 20 percent more corruption cases than during the previous 
year. According to the PCCB, most corruption investigations concerned 
government involvement in mining, land matters, energy, and investment. 
NGOs reported that most allegations of corruption involved the 
country's Revenue Authority, local government officials, the police, 
licensing authorities, hospital workers, and the media.
    Government Ministers and Members of Parliament are required to 
disclose their assets when they take office.
    There is no law providing for public access to government 
information, and access to government information remained limited. 
Government officials routinely refused to make information available. 
In Zanzibar, journalists complained about lack of access to government 
information. Civil service regulations effectively allow only a handful 
of high-level government representatives to communicate information to 
the media.
    According to a survey by Haki Elimu, a local NGO, and the 
International Budget Project, an international NGO, the public did not 
have access to information about the Government's fiscal activities and 
budget. Government officials estimated that 90 percent of all 
government documents, including administrative forms, were treated as 
classified. According to access-to-information advocates, laws blocked 
public access to government information relating to national security, 
broadcasting, newspapers, prisons, restricted areas, official secrets, 
and police. There was no mechanism for appealing denials.
    Parliament continued to use the Parliamentary Online Information 
System (POLIS), which was available to the public via the Internet, to 
increase access to government information. However, POLIS's reach 
remained limited, since only approximately 400,000 of the country's 
citizens had Internet access.
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. On the mainland, more 
than five thousand NGOs were registered and entered into the database 
maintained by a government-appointed NGO coordination unit within the 
vice president's office. International NGOs may operate both on the 
mainland and Zanzibar. However, NGOs in Zanzibar must apply through the 
local government for approval and all religious NGOs must seek approval 
from the Office of the Mufti, The Muslim religious authority.
    Mainland government officials generally were cooperative and 
responsive to the views of human rights groups, although there was one 
reported case in 2007 of a human rights organization from Kenya being 
harassed and temporarily detained by local police when members of the 
group entered the country to investigate the killing-allegedly by 
police-of 11 Kenyans in the Arusha region.
    Coordination and cooperation between the Government of Zanzibar and 
NGOs improved. The Government of Zanzibar continued to be less tolerant 
of NGOs that criticized the Government, and subjected them to fines, 
suspensions, and removal for violations of laws against sedition.
    Active domestic human rights NGOs included Tanzania Gender 
Networking Programme, Haki Elimu, the Center for Human Rights 
Promotion, the Legal and Human Rights Centre, Tanzania Media Women's 
Association, Action on Disability and Development, Tanzania Albino 
Society, and the 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 in Zanzibar. All of these organizations were 
independent of the Government. During the year the Government 
threatened to deregister so-called ``shell'' NGOs countrywide that 
collected donor money for personal profit. However, there were no 
reports of action taken against any NGO.
    There was an improved level of cooperation between the Government 
and UNHCR, which operated one Congolese and two Burundian refugee camps 
in western Tanzania, down from a total of 10 a year earlier. In 2007 
the Government decided to close all refugee camps for Burundians by the 
end of that year, stating that there were no longer security reasons 
for Burundian refugees to remain in the country. However, UNHCR 
negotiated an extension to June 2008 to ease the pressure on the 
Government of Burundi with the mass return of refugees, and at year's 
end the camps were still operating with the full consent of the 
Government. UNHCR representatives reported that the Government had been 
cooperative by not putting pressure on UNHCR to repatriate the 
remaining Burundian refugees more quickly. The Government agreed to 
give Tanzanian citizenship to more than 200,000 Burundian refugees.
    The CHRAGG operated independently without government interference. 
It enjoyed government cooperation on the mainland and in 2007 also 
became active in Zanzibar. The commission employed more than 160 
persons and operated with a government-financed budget of approximately 
Tshs 2.8 billion (approximately $2,340,000). The commission received an 
increased number of complaints on issues of human rights and 
administrative justice, partly as a result of awareness campaigns 
conducted through the media and countrywide rural visits by the 
commissioners and investigative officers. They estimated that they 
received approximately 2,000 new complaints during the year. Officials 
said financial constraints limited the number of cross country visits; 
otherwise they would have collected more complaints from the rural 
public.
    The union parliamentary committee for constitutional, legal, and 
public administration is responsible for reporting and making 
recommendations regarding human rights. Although the majority of 
committee members were from the ruling CCM party, the committee 
nevertheless acted independently of government and political party 
influence, and most observers viewed it as an unbiased institution.
    The Government continued to host the International Criminal 
Tribunal for Rwanda War Crimes (ICTR) in Arusha, and the Government was 
supportive of, and cooperated with, the ICTR. Authorities worked 
jointly with the tracking team of ICTR's office of the prosecutor, the 
INTERPOL National Central Bureau in Dar es Salaam, and INTERPOL's 
Fugitive Investigative Services to arrest Callixte Nzabonimana, a 
former Rwandan minister, wanted for his participation in the 1994 
genocide. Nzabonimana was arrested in Arusha on February 19.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on nationality, 
ethnicity, political affiliation, race, social status, or religion. The 
law requires that anyone who wants to become a citizen must live in the 
country for at least 10 years, have no criminal record, and be able to 
speak Swahili. However, the Government did not always effectively 
enforce these prohibitions. Discrimination based on gender, age, or 
disability was not explicitly prohibited by law but was discouraged 
publicly in official statements and by government policies. 
Discrimination against women, refugees, minorities, and persons with 
HIV/AIDS persisted, and ethnic tensions continued in some parts of the 
country.

    Women.--The law provides for life imprisonment for persons 
convicted of rape, including spousal rape; however, rape continued to 
be a serious problem. During the year several persons were prosecuted 
and convicted for rape and battery, but only a small fraction of rape 
cases resulted in court proceedings. At an August 2007 forum organized 
by the Tanzania Media Women's Association, it was estimated that 80 
percent of rape victims did not report their cases. Rape and sexual 
abuse of girls and women with disabilities reportedly was prevalent 
during the year.
    A survey released in July by the Tanzania Media Women's Association 
indicated that efforts to fight violence against women in Zanzibar were 
undermined by insensitivity to gender-based violence by the police, the 
judicial system, and hospital workers. According to the survey, 
communities considered violence against women as a private matter and 
discouraged victims from taking legal action. Furthermore, the survey 
concluded that the way police and hospitals handled such cases 
discouraged victims from seeking legal remedies. Respondents said that 
some police officers made humiliating comments to women who reported 
cases of rape, and sometimes asked for a bribe for their cases to be 
processed. An example cited in the survey as typical was a 13-year-old 
girl in Kumbini in Southern Pemba who reported that she was raped by 
two men. On the advice of the police, the family accepted financial 
compensation from the accused and dropped the case.
    Domestic violence against women remained widespread. The law 
prohibits assault but does not specifically prohibit spousal battery. 
Cultural, family, and social pressures often prevented women from 
reporting abuses, and authorities rarely took action against abusers of 
women. Police reportedly were often reluctant to pursue domestic abuse 
cases. Societal attitudes towards domestic violence are changing, 
especially in urban areas. Increasingly, domestic violence is not 
considered acceptable. During the year there were prosecutions and 
convictions for spousal abuse of husbands who beat their wives. There 
were also rare cases of husbands who took their wives to court for 
abuse. NGOs such as Kiwohede and TAWLA regularly educated the public 
about the laws concerning spousal abuse and provided education and 
shelter assistance to victims.
    The courts recognized domestic violence as grounds for divorce. 
However, women often tolerated prolonged domestic abuse before seeking 
a divorce. Women in urban areas who sought advice from legal aid 
clinics most commonly cited domestic abuse as the reason for wanting a 
divorce.
    The law prohibits prostitution; however, prostitution remained 
common. Prostitutes were occasionally arrested, but the police did not 
keep official statistics on prostitution arrests. Rural women and young 
girls immigrating to urban areas were most at risk for prostitution.
    The law prohibits sexual harassment of women in the workplace, but 
no statistics existed on the extent of its occurrence or on 
effectiveness of enforcement.
    Inheritance and marriage laws do not consistently provide full 
equality for women, and in practice women's rights often were not 
respected. The Ministry of Community Development, Women, and Children, 
and the Ministry of Justice and Constitutional Affairs were responsible 
for protecting the legal rights of women. Discrimination against women 
was most acute in rural areas. Rural women had little opportunity to 
attend school or obtain wage employment.
    In family matters, the content and application of some customary 
and Islamic laws was viewed by many as discriminatory against women.
    The law gives individuals the right to use, transfer, and occupy 
land without distinction of gender, and recognizes women's occupancy 
rights (all land in Tanzania belongs to the Government), but 
implementation was difficult because most women were unaware of the 
law. Historically, rural women did not own land or manage businesses 
because of cultural constraints and lack of education. Civil society 
activists reported widespread discrimination against women in property 
matters related to inheritance and divorce. This was particularly the 
case in Zanzibar, but also in some parts of the mainland, where 
activists maintained that judges relied on customary and Islamic law in 
discriminatory fashion. Women were particularly vulnerable if they 
initiated the separation from their partners or if their partners died.
    In Zanzibar, women who became pregnant out of wedlock could be 
sentenced to perform community service set by the Zanzibar director of 
public prosecution.
    In the private sector, there were complaints that women sometimes 
faced discrimination because of employers' concerns that their 
household obligations would be a professional limitation.

    Children.--The law supported children's rights and welfare and in 
practice the Government made efforts to address children's welfare, 
including close cooperation with international and local organizations 
working to assist neglected children and the country's estimated 2.5 
million orphans.
    Primary education was compulsory, free, and universal on both the 
mainland and Zanzibar through the age of 15 for all children; however, 
there were inadequate numbers of schools, teachers, books, and other 
educational materials to meet the demand.
    During the year fees continued to be charged for enrollment beyond 
form one, the equivalent of the first year of high school. As a result, 
many children did not have access to a complete secondary education. 
The responsibility to pay for books, uniforms, and school lunches fell 
primarily to parents.
    Overall school completion rates were the same for boys and girls: 
56 percent for primary school and 33 percent for secondary.
    All children aged five years and younger had equal access to state-
provided medical care.
    Child sexual abuse remained a problem, and there were several 
convictions during the year; most persons convicted for the sexual 
abuse of children were given the maximum sentence of 30 years' 
imprisonment.
    The law prohibits female genital mutilation (FGM), also known as 
female circumcision; however, it continued to be practiced by some 
tribes and families. During the year the Government embarked on an 
education program for magistrates, police officers, doctors, and 
community development experts on FGM. Statutory penalties for FGM on 
girls under 18 ranged from five to 15 years' imprisonment, a fine, or 
both, but those who conducted the illegal procedure were rarely 
prosecuted. The law also provides for the payment of compensation by 
the perpetrator to the person against whom the offense was committed.
    The law provides that anyone who has custody, charge, or care of a 
girl under 18 and who causes her to undergo FGM, commits the offense of 
cruelty to children.
    According to 2005 data, the Ministry of Health estimated that 5 to 
15 percent of women and girls underwent FGM; their average age was less 
than 10 years old, reportedly including some newborns. FGM was 
practiced by approximately 20 of the country's 130 tribes and was most 
prevalent in the mainland regions of Arusha, Singida, Kilimanjaro, 
Morogoro, and Dar es Salaam. In other parts of the country, less than 5 
percent of the population practiced FGM. Most frequently employed was 
clitoridectomy, a less severe form of FGM; however, infibulation, the 
most severe form, was also practiced, mainly in the northern highlands 
and the central zone.
    On June 11, it was reported that infants below one year of age in 
Makiungu village, Singida region, were subjected to FGM by their 
mothers-unlike in the past when the procedure was performed by 
traditional healers called ``ngaribas.'' AFNET, an NGO dealing with 
women's rights, reported that 47 out of 59 infants and girls up to age 
5 who attended a village clinic in Singida region had undergone FGM.
    There were no reports of prosecutions related to FGM during the 
year. Enforcement of the anti FGM law was difficult for a number of 
reasons: many police officers and communities were not aware of the 
law; victims were often reluctant to testify; and some witnesses feared 
reprisals from supporters of FGM. Corruption also was a factor; some 
villagers reportedly bribed local leaders not to enforce the law in 
order to carry out FGM on their daughters.
    The Government continued to implement the 2001-15 national plan of 
action for the prevention and eradication of violence against women and 
children. This strategy sought the elimination of FGM by involving both 
male and female practitioners and community leaders. Anti-FGM groups 
urged parliamentarians and local officials to take a more active role 
in enforcing the law.
    During the year the Government and NGOs continued to make progress 
toward eliminating the practice of FGM. The Anti-Female Genital 
Mutilation Network and a coalition of anti-FGM NGOs engaged in 
awareness-raising activities and conducted research on FGM. Anti-FGM 
groups continued their attempts to educate the ngaribas about the 
harmful effects of FGM and to train them for other occupations. The 
chairman of the Tanga Regional Committee for Culture and Traditions 
reported in July that reported incidents of FGM declined during the 
year in Mkinga district, Tanga region, following efforts by local 
communities to educate villagers about the long term and ill effects of 
FGM. In some areas there were reports of local clinics educating 
ngaribas on basic nursing skills to assist with community health 
education.
    Corporal punishment in schools remained a problem. Caning was 
supported by law, although the practice continued to decline during the 
year following public outreach efforts by the Government and the media.
    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 an apparent contradiction, family law provided 
for girls as young as 15 to be considered adults for the purposes of 
marriage. The Manyoni District Court in Singida region sentenced a man 
to 30 years in jail for marrying a 10-year-old girl. In many cases, 
offenders bribed police or paid a bride price to the family of the girl 
to avoid prosecution. In order to marry, a girl under 18 is required to 
obtain the consent of her father, mother, or guardian; no consent is 
required for an orphaned girl with no guardian. The courts also had 
discretion to allow for marriages of parties who were 14 years old, for 
example in the case of pregnancy. Additionally, the law allows Muslim 
and Hindu girls to marry as young as 12 so long as the marriage is not 
consummated until the girl reaches the age of 15.
    Sexual activity with a female student, regardless of age or mutual 
consent, is illegal. During the year the Government continued its 
efforts to enforce the law penalizing anyone who impregnated a female 
student. After the November 19 arrest of a secondary school teacher on 
charges of rape of a female student, Deputy Minister of Education and 
Vocational Training, Mwantumu Mahiza, said it was ``high time'' for 
harsh penalties to be handed down on sexual offenders of female 
students. The Government launched a national campaign, ``Learn without 
Fear.'' The definition of schoolgirl was anyone in school through the 
final year of a secondary education-generally about 18 years old. 
UNICEF has stated there is no clear legal definition of a child in the 
country.
    The law criminalizes child prostitution; however, sexual 
exploitation and trafficking in persons, including children, were 
problems.
    There were reports that individuals practicing witchcraft killed 
children, especially children with albinism, for their body parts. 
Infanticide continued to be a problem for poor rural mothers who 
believed themselves unable to afford to raise a child.
    The number of orphans in the country was estimated at 2.5 million, 
most of them orphaned by AIDS. Most orphans were absorbed into other 
families. Those who were not absorbed generally qualified as extremely 
vulnerable individuals and received additional support and counseling 
from the Government and several state-sponsored NGOs, including an NGO 
run by the first lady, Salma Kikwete. There were significant numbers of 
street children in 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, school uniforms, and 
books. They were also vulnerable to sexual abuse by older street 
children and homeless persons.

    Trafficking in Persons.--The comprehensive Anti-Trafficking in 
Persons Act of 2008 was passed by the legislature and signed by the 
president in August. However, the process of translating the law into 
Swahili and vetting it for official publication was not completed at 
year's end and the law was not yet in force. With no explicit 
antitrafficking law in force, traffickers could be prosecuted for 
related violations, such as rape or abuse.
    The country is a source, transit, and destination country for men, 
women, and especially children trafficked for the purposes of forced 
labor and sexual exploitation. Most victims were trafficked internally 
from poor rural areas. Boys are trafficked within the country for 
forced labor on farms, in mines, and in the informal business sector. 
Girls from rural areas are trafficked to urban centers and the island 
of Zanzibar for domestic servitude; sexual exploitation was often 
reported after young girls were brought into homes for forced labor. No 
reliable statistics exist on the extent of trafficking.
    Small numbers of persons were reportedly trafficked to South 
Africa, Saudi Arabia, the United Kingdom, and possibly other European 
countries for domestic servitude and sexual exploitation. Indian women 
who entered the country legally to work as entertainers in restaurants 
and nightclubs were at times exploited as prostitutes after arrival. It 
was believed that in tourist areas, such as Zanzibar and Arusha, some 
girls who were hired for hotel work, both locally and from India, were 
later coerced into prostitution.
    Trafficking methods varied. Victims were lured by false promises of 
income, opportunity to attend school, and better living conditions, 
especially from rural to urban areas. Some trafficking victims left 
their homes with assistance from their families; some left on their own 
to escape life in rural areas; and some were transported by someone who 
offered to help them find city work, legitimate or otherwise. There 
were reports that men recruited village girls who had completed primary 
school but were not entering secondary school. The men offered the 
girls money and employment and promised the girls a better life if they 
accompanied them to urban areas; however, these girls ended up in 
domestic labor or prostitution. Another method of trafficking involved 
low-income parents entrusting children to wealthier relatives or 
respected members of the community to care for the child as one of 
their own. Some took advantage of this traditional practice and placed 
children in abusive or exploitive situations.
    Living conditions for trafficking victims were usually grim, with 
only the most basic amenities, long working hours, little or no pay, 
and missed educational opportunities.
    In 2007 the IOM launched an awareness campaign concerning human 
trafficking and encouraged public discussion of the issue by national 
leaders and opinion makers. The IOM aired a documentary and distributed 
articles and television news spots about trafficking. IOM also served 
as the coordinating office for the Government's antitrafficking 
stakeholders meetings, which included various ministries, NGOs, UN 
agencies, and representatives of the international community.
    During the year the leading NGOs concerned with trafficked 
children, KIWOHEDE and Child in the Sun, assisted approximately 80 
victims of trafficking, and medically screened 50 victims. In addition, 
34 victims were offered school or vocational training and 50 children 
were reunited with their families. Some rescued victims were provided 
with grants for school or micro income generating projects. An NGO in 
the Kilimanjaro region that specializes in rescuing children from the 
mining industry, Mererani Good Hope Program, withdrew an estimated 750 
from child labor and prevented 1300 from being lured into the worst 
forms of child labor; all were assisted with school placements. 
Children in low-income families were at significant risk of being 
trafficked. Girls were more vulnerable than boys since they were 
generally considered more of an economic burden on their families.
    There were no prosecutions for trafficking as such during the year, 
because the antitrafficking law had not entered into force. 
Prosecutions generally proceeded only if other crimes, such as rape or 
abuse, were associated with the act of trafficking in persons. Law 
enforcement, prosecutors, and immigration officials at all levels went 
through extensive training in the new antitrafficking legislation in 
anticipation of its enactment. The Ministry of Health and Social 
Welfare, with foreign cooperation, conducted training programs and 
developed a training manual for health workers who have direct contact 
with victims of trafficking.
    In January the Anti-Human Trafficking Unit changed its policy 
requiring trafficking victims to go to a police station to make a 
statement. Instead, a plainclothes female police officer visited 
shelters to obtain the victim's statement. The unit also hired a female 
police sergeant to facilitate its interactions with female victims. A 
24-hour crime hot line staffed by police officers was available for 
citizens to make anonymous reports about suspected trafficking victims.

    Persons With Disabilities.--The constitution prohibits 
discrimination against persons with disabilities, but there is no 
implementing law to prevent discrimination under this provision. 
Persons with physical disabilities were effectively restricted in 
employment, education, access to health care, and other state services 
by physical barriers and inadequate budget resources. Although the 
Government mandates access to public buildings, transportation, and 
government services for persons with disabilities through several 
pieces of legislation, few buildings were accessible, not all 
structures required building permits, and many buildings were 
constructed before this requirement came into force. No funds were 
available for retrofitting existing structures.
    The ministries of education, justice, and labor were responsible 
for enforcing the protection of rights of persons with disabilities for 
education, legal claims, and labor rights, respectively. The Department 
of Social Welfare had responsibility for coordinating disabilities 
matters. A few local NGOs also tried to highlight the plight of persons 
with disabilities.
    There were reports that students with disabilities dropped out of 
schools that lacked adequate facilities. For example, Braille paper and 
tape recorders were generally not available for blind students. In 
August the NGO Media Network for Disability (MWAKU) published findings 
stating that 317 students with disabilities dropped out of school in 
Dodoma and Morogoro regions during the year. The report cited poverty 
and pregnancies as the chief reasons for dropping out. In April the 
principal of the Malangani School for the Blind in Rukwa region claimed 
that that region had more than 600 blind children whose parents and 
guardians prevented them from attending school because they did not see 
the benefit of educating a child with a disability such as blindness.

    Indigenous People.--Unlike in the previous year, there were no 
reports of disputes or other issues with indigenous people during the 
year.

    Other Societal Abuses and Discrimination.--Homosexuality was 
illegal. The penal code makes it an offense punishable by up to five 
years in prison to have carnal knowledge of any person of the same sex. 
The law in Zanzibar establishes a penalty of up to 25 years' 
imprisonment for men who engage in homosexual relationships and seven 
years for women in lesbian relationships. There were no reports that 
anyone was punished under the law during the year. Homosexuals faced 
societal discrimination.
    The Tanzania Parliamentarians' AIDS Coalition addressed 
discrimination against persons infected with HIV/AIDS. However, there 
were reports that discrimination in housing, healthcare, and education 
continued to occur against the estimated 1.4 million persons in the 
country living with HIV/AIDS. The Government, working with NGOs, 
continued to sensitize the public about HIV/AIDS-related discrimination 
and to create safeguards for HIV/AIDS patients' human rights. A network 
of lawyers, policymakers, and doctors continued lobbying efforts and 
other activities to deal with legal, ethical, and human rights problems 
associated with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The union and Zanzibar governments 
have separate labor laws. Workers on the mainland had the right to form 
and join independent trade unions. Labor legislation for the mainland 
established the Labor, Economic, and Social Council, the Commission for 
Mediation and Arbitration, and the labor court. As of 2005 (the most 
recent data available), approximately 27 percent of the formal sector 
work force were members of the Trade Union Congress of Tanzania 
(TUCTA), the sole labor federation. In the agricultural sector, the 
country's single largest employer, an estimated 5 to 8 percent of the 
work force was unionized.
    A trade union or employers' association must register within six 
months of its establishment; failure to register is a criminal offense.
    Mainland workers have the legal right to strike and employers have 
the right to a lockout after complying with certain legal requirements 
and procedures. These rights are qualified according to the law. For 
example, all parties to a dispute may be bound by an agreement to 
arbitrate and neither party may then engage in a strike or a lockout 
until that process has been completed. This occurred in October, when 
the Government was granted a court injunction stopping hundreds of 
thousands of teachers across the country from striking over unpaid 
salaries and allowances. A judge ordered the teachers and the 
Government into arbitration before allowing the teachers to go on 
strike. At year's end arbitration continued.
    A lawful strike or lockout is protected and does not constitute a 
breach of contract, nor can it be considered a criminal offense. An 
employer may not terminate the employment of an employee for 
participating in a lawful strike, or terminate an employee who accedes 
to the demands of an employer during a lockout.
    The law restricts the right to strike when to do so would endanger 
the life and health of the population. Workers in certain sectors 
(water and sanitation, electricity, health services and associated 
laboratory services, firefighting, air traffic control, civil aviation 
telecommunications, and any transport services required for the 
provisions of these services) are restricted from striking. Workers in 
other sectors may also be subject to this limitation.
    The labor law in Zanzibar applies only to private sector workers. 
Zanzibar workers do not have the right to strike. They are not allowed 
to join mainland-based labor unions. The Zanzibar labor law requires a 
union with 50 or more members to be registered and sets literacy 
standards for trade union officers. An estimated 40 percent of the 
Zanzibar workforce is unionized.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining in the private sector, and workers 
and employers practiced it freely during the year. In the public sector 
the Government set wages administratively, including for employees of 
state-owned organizations.
    On the mainland, disputes are regulated and resolved by mediation 
through the Commission for Mediation and Arbitration. If the mediator 
fails to resolve a dispute within 30 days of referral, or any longer 
period agreed upon in writing by both parties, either party to the 
dispute may give notice of its intention to commence a strike or 
lockout. If the mediation fails to resolve the complaint, the 
Commission for Mediation and Arbitration may appoint an arbitrator to 
decide the dispute, or it may be referred to the labor court.
    In practice many private sector employers adopted antiunion 
policies or tactics. On the mainland the law prohibits discriminatory 
activities by an employer against union members; however, there were 
reports of antiunion discrimination in the formal private sector during 
the year. The law requires employers found guilty of antiunion 
activities to reinstate workers.
    On the mainland there are 23 export processing zones (EPZs); seven 
of them are developer licensees and the rest are operator licensees. In 
Zanzibar there are three free economic zones, which are treated as 
EPZs. There are no special laws or exemptions from regular labor laws 
in EPZs.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, forced and compulsory labor by 
children occurred and children were trafficked primarily for forced 
labor as domestic servants and to a lesser extent for commercial sexual 
exploitation.
    The law allows prisoners to work without pay on projects such as 
agriculture within the prison so that the prison can be more self-
sufficient. Prisoners were also used as forced labor on projects 
outside of the prison, such as road repair and government construction 
projects.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the exploitation of children in the workplace. Under the 
law the minimum age for contractual employment is 14 and children may 
be employed only to do light work that is unlikely to be harmful to 
their health and development and does not prejudice their attendance at 
school. Children under 18 may not crew on a ship or be employed in a 
mine, factory, or any other worksite where working conditions may be 
hazardous.
    The law establishes criminal penalties for employers of child labor 
as well as forced labor; violators can be fined an amount not exceeding 
Tshs. 4,680,000 (approximately $3,900), imprisonment for one year, or 
both, but no penalties were reportedly imposed during the year, and 
child labor remained a problem. A shortage of inspectors resulted in 
little enforcement of child labor provisions. The most recent data 
available, from 2000-2001, indicated that 35.4 percent of children ages 
five to 14 were working.
    The Government implemented some measures to ameliorate the problem, 
including increasing the number of labor inspectors, ensuring that 
children of school age attend school, imposing penalties on parents who 
did not enroll their children in school, and sensitizing employers in 
the formal sector against employing children below the age of 18.
    In 2005 the International Labor Organization (ILO) and UNICEF 
reported that children who left home to work as domestic laborers in 
other towns or villages were often subjected to commercial sexual 
exploitation. According to the trade union Conservation, Hotel, 
Domestic, and Allied Workers Union and the ILO, the majority of 
domestic child laborers were girls, mostly between the ages of 13 and 
15. Most of them worked 12-14 hours per day, seven days a week, without 
rest or extra compensation for the long hours worked; at times they 
worked under abusive conditions. In many cases they were subjected to 
forced labor as domestic servants or for commercial sexual 
exploitation.
    The ILO supported a project aimed at accelerating the removal of 
children from the most abusive forms of child labor. The sectors 
involved included commercial agriculture, mining, fishing, and domestic 
work. In 2007 an estimated total of four thousand children were kept or 
withdrawn from the worst forms of child labor. The Time Bound Program, 
a project of support to the Government from ILO, worked toward a target 
of preventing and withdrawing 22,000 children from the worst forms of 
child labor by 2009. During the year, the Ministry of Labor, together 
with ILO, launched a National Employment Policy, which deals 
extensively with child labor issues.
    Child labor was also widespread in Zanzibar; children were used in 
fishing, clove picking, domestic labor, small business such as selling 
cakes, and commercial sexual exploitation near tourist attractions.
    The Ministry of Labor remained responsible for enforcement of labor 
laws, together with the Commission for Mediation and Arbitration and 
the labor court. The ministry continued conducting seminars on child 
labor in different parts of the country.
    Several government ministries, including the Ministry of Labor, 
Youth Development, and Sports, have special child labor units.

    e. Acceptable Conditions of Work.--New minimum wage standards took 
effect in January. Divided into eight employment sectors, the lowest 
minimum wage was Tshs. 65,000 ($55) per month for hotel workers and the 
highest, Tshs. 350,000 ($300) per month for workers in the mineral 
sector. Implementation proved difficult for some businesses, which 
complained that they would have to raise salaries more than 100 
percent.
    TUCTA issued a statement threatening to call a nationwide strike 
because the Government was not paying the minimum wage. The strike was 
called off after President Kikwete promised workers that the Government 
would pay the promised wages. However, at year's end the Government did 
not say when it would start enforcing payment of the new minimum wages.
    There were reports that to avoid providing required minimum salary 
and benefits to employees employed for more than three months, some 
employers fired employees before the three month period expired.
    There was no standard legal workweek for private sector workers, 
but most private employers retained a six-day, 44- to 48-hour workweek. 
A five-day, 40-hour workweek was in effect for government workers. 
Under most circumstances, it was illegal to employ women to work 
between 10:00 p.m. and 6:00 a.m.; however, employers frequently ignored 
this restriction.
    Several laws regulate safety in the workplace. The Ministry of 
Labor, Youth Development, and Sports managed an inspection system; 
however, its effectiveness was limited. Labor standards were not 
enforced in the informal sector, where most of the workforce was 
employed.
    Workers could sue an employer if their working conditions did not 
comply with the Ministry of Labor's health and environmental standards. 
There were no reported incidents during the year. Disputes are 
generally resolved through the Commission for Mediation and 
Arbitration.

                               __________

                                  TOGO

    Togo, with a population of 6.3 million, is a republic governed by 
President Faure Gnassingbe, who was declared president in 2005 in an 
election marred by severe irregularities. President Faure Gnassingbe 
replaced his father, former president Gnassingbe Eyadema, who died in 
2005 after 38 years in power. Eyadema and his party, Rally of the 
Togolese People (RPT), strongly backed by the armed forces, had 
dominated politics and maintained firm control over all levels of the 
highly centralized government until his death. In October 2007 the 
Independent National Electoral Commission (CENI) organized generally 
free and fair legislative elections for the 81 seats in the National 
Assembly. All major opposition parties participated in the elections, 
and the opposition won a total of 31 seats. While civilian authorities 
generally maintained effective control of the security forces, there 
were instances in which elements of the security forces acted 
independently.
    The human rights situation in the country improved; however, 
serious human rights problems continued, including: partial inability 
of citizens to change their government; torture and other abuse of 
detainees; rape; official impunity; harsh and life-threatening prison 
conditions; arbitrary arrests and detention; lengthy pretrial 
detention; executive influence over the judiciary; infringement of 
citizens' privacy rights; restrictions on the press, including banning 
media programs; restrictions on freedom of assembly and movement; 
corruption; female genital mutilation (FGM) and violence against women; 
discrimination against women; regional and ethnic favoritism; 
trafficking in persons, especially children; child labor, including 
forced child labor; and lack of workers' rights in export processing 
zones (EPZs).
    During the year the Government took significant steps to advance 
human and political rights, including the organization of a Truth, 
Justice, and Reconciliation consultation process meant to facilitate 
forgiveness and reconciliation, aid the fight against corruption and 
judicial impunity, and reinforce national unity in the country. The 
Government waived public primary school fees and more than doubled the 
minimum wage.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any confirmed politically motivated killings.
    On August 15, an outspoken political leader and former government 
minister was found dead on the beach in Lome. The results of an autopsy 
performed by a coroner from the international NGO Physicians for Human 
Rights were inconclusive but did disprove the findings of the Togolese 
coroner, who had ruled the minister's death as a result of a drug 
overdose. The Government did not investigate the minister's death 
further.
    Despite promises to investigate, the Government had not released a 
report at year's end on the July 2007 killing of a soldier guarding the 
national radio station, Radio Lome.
    The Government took no action against the police officer who beat 
Yaya Moussa to death in 2006.
    During the year the Government held no trials and conducted no 
prosecutions of the perpetrators of violence and vandalism related to 
the 2005 presidential elections. In 2005 there were reports of mass 
graves, and military personnel reportedly transported more than 100 
unidentified bodies to unknown destinations. In 2005 the Government 
created the Special Independent Investigation Commission to probe the 
violence and vandalism that occurred before, during, and after the 
election. The commission held security forces, the ruling party, and 
opposition party members responsible for the violence and recommended 
that individuals involved be prosecuted. However, the Government still 
had not acted on the recommendations 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, such 
practices continued to occur. There were numerous reports of torture or 
mistreatment of detainees, according to Amnesty International (AI) in 
its 2008 report. Impunity remained a problem, and the Government did 
not prosecute publicly officials for such abuses.
    Members of the security forces raped prostitutes who refused to 
provide sex in exchange for being allowed to enter some sections of 
Lome.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh, with serious overcrowding, poor sanitation, and unhealthy food. 
At year's end Lome's central prison, built to accommodate 500 
prisoners, held 1,557 inmates, including 39 women. Medical facilities 
were inadequate, and disease and drug abuse were widespread. Sick 
prisoners reportedly had to pay 1,500 CFA francs (approximately $3.30) 
to guards before being allowed to visit the infirmary. There were 
reports that prison officials sometimes withheld medical treatment from 
prisoners. Lawyers and journalists reported that prison guards charged 
prisoners a small fee to shower, use the toilet, or have a place to 
sleep. Local press reported that prison guards sexually harassed female 
prisoners.
    The Government provided no statistics on the number of prison 
deaths, but confirmed that prisoners died as a result of poor living 
conditions.
    The infants of convicted women were incarcerated with their 
mothers. Pretrial detainees were not held separately from convicted 
prisoners.
    Local nongovernmental organizations (NGOs) were allowed access to 
all prisons. Local NGOs also had access to military detention centers; 
however, the visits by NGOs generally were announced well in advance.
    In April 2007 a delegation of the UN Special Rapporteur on Torture 
visited prison, gendarmerie, police, and military detention facilities 
throughout the country without prior announcement and met with 
detainees. The special rapporteur stated that prisons were overcrowded. 
He noted evidence of ill-treatment by law enforcement officials, mainly 
inflicted during interrogation to obtain a confession, and that 
conditions in police custody and in most prisons amounted to inhumane 
treatment. He reported that soldiers at the military camp of Kara 
insulted and threatened the members of his delegation and prevented 
them from visiting cells inside the camp.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not always respect these prohibitions.

    Role of the Police and Security Apparatus.--The security forces 
consist of the army, navy, air force, national security service 
(including the national police and investigation bureau), and the 
gendarmerie. The police are under the direction of the Ministry of 
Security, which reports to the prime minister. The Ministry of Defense, 
which reports directly to the president, oversees the gendarmerie and 
military. Police and gendarmes are responsible for law enforcement and 
maintenance of order. However, the army, charged with external security 
by law, was in charge of domestic security. Approximately 80 percent of 
the army's officers and soldiers were from the previous and current 
presidents' ethnic group, the Kabye, which constitutes approximately 23 
percent of the population.
    Police generally were ineffective and corrupt, and impunity was a 
problem. Police often failed to respond to societal violence. 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. No progress 
was made in examining complaints from a collective of more than 100 
victims of human rights abuses committed during the 2005 presidential 
election. In 2007 the victims were asked to pay 25,000 CFA francs 
(approximately $50) to the court to move their cases forward. Some of 
the victims were unable to pay and withdrew their complaints. Others 
paid the requested fee but still saw no progress on their cases during 
the year.
    In August 2007 newly recruited police agents randomly beat 
civilians in an area of Lome; young men in the area had beaten a 
policeman a day earlier. The chief of police stated that the 
perpetrating police agents, as well as the men who beat the policeman, 
would be arrested and prosecuted. However, by year's end there was no 
new information available on the case.
    In October the military trained about 40 senior and junior officers 
and subordinates under the theme ``the role of the armed forces in the 
promotion and protection of human rights.''

    Arrest and Detention.--The law authorizes judges, senior police 
officials, prefects, and mayors to issue arrest warrants; however, 
persons were detained arbitrarily and secretly. 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, but 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.
    A number of persons detained in 2005 continued to be held without 
trial in Lome Central Prison, including suspected critics of the 
Government. Most reportedly were tortured or mistreated during the 
first few days of detention, according to AI's 2007 report. An accurate 
count of the detainees was not available. During the year a domestic 
newspaper reported that six persons detained in 2005 in connection with 
election-related violence remained in prison, although the Government 
continued to claim that there were no political prisoners.
    As during the previous year, the Government made some effort to 
clear the backlog of criminal cases by providing free legal services 
for 67 prisoners and preparing for trial 94 cases of pretrial 
detainees.
    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. Almost 80 percent 
of inmates were pretrial detainees.
    On April 27, the 48th anniversary of the country's independence 
day, the president released 297 prisoners who had served three quarters 
of their sentences.

    e. Denial of Fair Public Trial.--Although the constitution provides 
for an independent judiciary, the executive branch continued to exert 
control over the judiciary, and corruption was a problem. Lawyers often 
bribed judges to influence the outcome of cases. The court system 
remained overburdened and understaffed. A judicial reform process 
started in 2005 and intended to last until 2010 was significantly 
behind schedule.
    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 Gnassingbe's party, the RPT. Judges who belonged to the pro 
RPT APMT reportedly received the most prestigious assignments, while 
judges who advocated an independent judiciary and belonged to the ANM 
or SMT often were assigned to second-tier positions. For example, the 
president of the Constitutional Court was the founder and leader of the 
APMT; in Lome, the presidents of the Supreme Court, Court of Appeals, 
and Court of First Instance 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 Court of First Instance were 
members of the APMT.
    The Constitutional Court is the highest court for constitutional 
issues while the Supreme Court is the highest court for civil judicial 
cases. The civil judiciary system includes the Supreme Court, appeals 
courts, and courts of first instance. A military tribunal exists for 
crimes committed by security forces; its proceedings were closed. The 
military court cannot try civilians. The military court does not accord 
military defendants the same rights as civilians.

    Trial Procedures.--The judicial system employs both traditional law 
and the Napoleonic Code in trying criminal and civil cases. Defendants 
do not enjoy a presumption of innocence. Defendants have the right to 
be present at their trials. Trials were open to the public, juries were 
used, and judicial procedures generally were respected. Defendants have 
the right to counsel and to appeal. All defendants have the right to an 
attorney and the bar association provides attorneys for the indigent. 
Defendants may confront witnesses and present witnesses and evidence on 
their own behalf. Defendants have the right to access government-held 
evidence relevant to their cases, but in practice were denied that 
right.
    In rural areas, the village chief or council of elders is 
authorized to try minor criminal and civil cases. Those who reject the 
traditional authority can take their cases to the regular court system, 
which is the starting point for cases in urban areas.

    Political Prisoners and Detainees.--The Government denied the 
existence of political detainees; however, six persons arrested after 
the 2005 election and affiliated with the opposition reportedly were 
being held in a prison near Kara, an area of strong RPT support. AI 
reported that dozens of persons were in detention following the 
election. Security forces sometimes moved political detainees to 
informal detention centers under the control of the military or RPT 
militia. Because the Government did not acknowledge any political 
detainees, it did not permit any organizations to have access to them.

    Civil Judicial Procedures and Remedies.--Both the constitution and 
the law provide for civil and administrative remedies for wrongdoing, 
but the judiciary did not respect such provisions, and most citizens 
were unaware of them.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. In 
criminal cases, a judge or senior police official may authorize 
searches of private residences; in political and national security 
cases, security forces need no prior authorization.
    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 and law provide 
for freedom of speech and of the press; however, the Government 
continued to restrict these rights. During the year the Government at 
times interfered with radio stations. Journalists and radio and 
television broadcasters practiced self censorship.
    Although the Government did not officially censor individual 
expression, most persons practiced self-censorship because of past 
violent reprisals by government agents.
    There was a lively independent press, most of which was heavily 
politicized, and some of which was highly critical of the Government. 
More than 25 privately owned newspapers were published with some 
regularity. The only daily newspaper, Togo Presse, was owned and 
controlled by the Government. The official media heavily slanted their 
content in favor of 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.
    International media were allowed to operate freely.
    The station director of Radio Lumiere, who fled the country after a 
military detachment seized Radio Lumiere's broadcasting equipment in 
2005, remained in self-exile. Radio Lumiere resumed broadcasting under 
another director in 2005, but in July the High Authority of 
Audiovisuals and Communications (HAAC) suspended all live debates on 
the station.
    The Government-owned Togo Television was the only major television 
station. Eight smaller television stations operated during the year-
four covering sports or religion, two private political stations and 
two independent political stations-but broadcast only to limited 
geographic areas. TV7, an independent station, also carried weekly 
political debates through the program ``Seven on Seven,'' a weekly 
political forum in which governing and opposition party leaders, human 
rights organizations, and other observers participated in discussions 
of political issues and expressed either criticism or support for the 
Government. La Chaine du Futur, a private station similar to TV7 
created during the year, reported positively on the ruling government.
    The constitution established the HAAC to provide for 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.
    According to the NGO Committee to Protect Journalists, on February 
19, the HAAC issued a ruling banning all editorials and commentary by 
journalist Daniel Lawson-Drackey from private radio station Nana FM; 
the ban continued at year's end. In February 2007 the president of the 
HAAC temporarily had banned radio Nana FM from broadcasting commentary 
by journalist Daniel Lawson-Drackey that criticized the minister of 
territorial administration.
    In January 2007 the president of the HAAC closed Radio Victoire for 
ignoring two warnings to stop airing a program that French journalist 
Jacques Roux presented. The program criticized the chairman of the 
football federation. The HAAC stated that the French journalist had no 
accreditation and was insulting authorities on air. The ban lasted for 
15 days.
    In June 2007 the HAAC temporarily suspended three newspapers: La 
Trompette for four months for disrespecting its authority and for 
refusing to publish a right of reply, Le Perroquet for two months for 
publishing false news and for refusing to respect the press code, and 
Le Courrier de la Republique for three months for refusing to publish a 
right of reply.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was readily available except in remote rural locations.

    Academic Freedom and Cultural Events.--The Government intimidated 
academics by maintaining a security force presence at the University of 
Lome. According to students and professors, a government informer 
system continued to exist and undercover gendarmes attended classes.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government generally restricted this right, although less 
than in previous years.
    In March the Government denied applications for permits from the 
Togolese Consumers Association to protest the high cost of living.
    On April 15, military police used tear gas to disperse a group of 
retired military members who were protesting the nonpayment of pension 
arrears from 2000.
    On April 16, a paratroop brigade broke up a group of students 
protesting the condition of the University of Kara. Several injuries 
were reported.
    In February 2007 the Government published new rules for political 
demonstrations. The rules provide that, in compliance with the Global 
Political Agreement (which provided for a transitional unity government 
to prepare for legislative elections), and to preserve public order, 
political parties must hold their public demonstrations on a Saturday 
or Sunday and must notify the Ministry of Security and the Ministry of 
Territorial Administration 72 hours prior to the planned demonstration. 
No notification is required for rallies on private property.
    In August 2007 the Government banned street demonstrations planned 
by several opposition parties, including the UFC, ADDI, and UDS-Togo. 
The Government stated that the demonstrations aimed to block 
preparations for the legislative elections.
    In October 2007 security forces used tear gas to disperse a group 
of UFC activists attempting to invade the CENI office after a meeting 
that the party held at Freau Jardin, a local plaza. The UFC and the 
media reported that security forces beat, brutalized, and insulted 
demonstrators; an estimated 10 persons were injured and 25 arrested.

    Freedom of Association.--Under the constitution and law, citizens 
have the right to organize associations and political parties, and the 
Government generally respected this right.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right.
    The Government recognizes three main faiths as state religions: 
Roman Catholicism, Protestantism, and Islam. Other religious groups, 
such as animists, Mormons, and Jehovah's Witnesses, were required to 
register as associations. Official recognition as an association 
affords the same rights that the official religious groups enjoy.

    Societal Abuses and Discrimination.--The Jewish community was very 
small, and there were no reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation; however, the Government restricted some of these rights 
in practice. Checkpoints with armed security personnel and arbitrary 
searches of vehicles and individuals were common. Security forces 
frequently demanded bribes, which impeded freedom of movement. While 
the Government reduced the number of official checkpoints to four 
countrywide during the year, there were many unofficial checkpoints, at 
which security forces solicited bribes.
    On August 28 and August 30, two parliamentarians were prohibited 
from departing the country because they did not have written permission 
from the president of the National Assembly; written permission for 
parliamentarians to travel is not required by law.
    The constitution prohibits forced exile, and the Government did not 
employ it. However, several opposition and human rights workers 
remained in self-imposed exile because they feared arrest.
    Of the 40,000 citizens who fled as refugees to Ghana and Benin 
following election-related violence in 2005, most had returned due to 
government outreach and facilitation agreements signed between the 
Government, UNHCR and the Governments of Benin and Ghana. Approximately 
4,600 refugees remained in Ghana and Benin at year's end.

    Protection of Refugees.--The laws do not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, but the 
Government has established a system for providing protection to 
refugees. In practice, the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum.
    A voluntary repatriation program for 508 Ghanaian refugees remained 
unimplemented because of continuing unrest and instability in Ghana 
along the Togo-Ghana border. An unknown number of additional Ghanaian 
refugees arrived during the year. Some of these refugees have been 
integrated into society and no longer receive assistance.
    The Government also provided temporary protection to approximately 
420 individuals who may not qualify as refugees under the 1951 
convention and its 1967 protocol.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to change their 
government peacefully, and citizens exercised this right partially 
through legislative elections in October 2007 declared to be generally 
free and fair by the international community. However, the National 
Assembly exercised no real oversight of the executive branch of the 
Government. In 2005 Faure Gnassingbe was declared president in an 
election characterized by international observers as marred by severe 
irregularities and violence, including the deaths of an estimated 500 
persons.
    After the October 2007 elections, the National Assembly comprised 
three political parties, although cabinet members were drawn largely 
from the party of the president. The Government remained highly 
centralized. The national government appoints officials and controls 
the budgets of government entities at all levels, including prefectures 
and municipalities, and influences the selection of traditional chiefs.

    Elections and Political Participation.--In October 2007 citizens 
voted to elect the 81 members of the National Assembly in 31 electoral 
districts, choosing from 2,000 candidates who ran on 395 party lists. 
International and national observers monitored the elections and 
declared them to be generally free, fair, transparent, and peaceful.
    On October 23, CENI announced that the ruling RPT had won 50 seats, 
the UFC 27 seats, and the Action Committee for Renewal (CAR) four 
seats. The Constitutional Court, which is the final arbiter of all 
electoral issues, concurred and issued definitive results on October 
30.
    A new government was appointed on September 15 after the 
resignation of Prime Minister Komlan Mally following the completion of 
his mandate.
    In August the Government prohibited two opposition parliamentarians 
from leaving the country because they did not notify the president of 
the National Assembly. Both submitted their letters and were allowed to 
leave several days later.
    There were nine female members of the National Assembly and four 
female ministers in the 28-member cabinet.
    Members of the southern ethnic groups remained underrepresented in 
both the Government and military.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity. For example, in 2007 the CAC levied 
allegations of corruption against the director general of the Social 
Security Agency, who remained in his position at year's end.
    According to the Government's official interim poverty reduction 
strategy paper, prepared in April, corruption and lack of transparency 
in the management of public funds was a problem throughout the 
Government. The constitution provides for the creation of a court of 
accounts to oversee public expenditures; however, the Government had 
not established it by year's end.
    Officials were not subject to financial disclosure laws.
    Although the press code provides for public access to government 
information, the Government did not permit access for either citizens 
or noncitizens, including foreign media. Reasons for denial were not 
given.
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 
sometimes were cooperative but typically were not responsive to NGO 
recommendations.
    There were several domestic private human rights groups, including 
the Togolese League of Human Rights, 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 Government met with some domestic NGOs that monitor human 
rights but took no action in response to their recommendations. In 2006 
AI and other international NGOs criticized the Government for failing 
to bring to justice those involved in election-related violence during 
2005.
    The Government generally cooperated with international governmental 
organizations and permitted visits by UN representatives or other 
organizations such as the International Committee of the Red Cross.
    In April 2007 a delegation of the UN Special Rapporteur on Torture 
visited prison, gendarmerie, police, and military detention facilities 
without prior announcement throughout the country and met with 
detainees. The special rapporteur stated that prisons were overcrowded. 
He noted evidence of ill-treatment by law enforcement officials, mainly 
inflicted during interrogation to obtain a confession, and noted 
conditions in police custody and in most prisons amounted to inhumane 
treatment. He reported that soldiers at the military camp of Kara 
insulted and threatened the delegation and prevented it from visiting 
cells inside the camp.
    A permanent human rights committee exists within the National 
Assembly, but it did not play any significant role in policymaking and 
was not independent of the Government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, religion, disability, language, or social status; however, the 
Government did not enforce these provisions effectively.

    Women.--The law criminalizes rape and provides for prison terms of 
five to 10 years for anyone found guilty of the crime. The prison term 
is 20 years if the victim is a child under 14, is gang-raped, or if the 
rape results in pregnancy, disease, or incapacitation lasting more than 
six weeks. The law does not specifically outlaw spousal rape. Although 
the Government was diligent in investigating and prosecuting reports of 
rape, victims were reluctant to report it because of the social stigma 
associated with being raped. Rape was thought to be a widespread 
problem throughout the country.
    The law does not specifically prohibit domestic violence, and 
domestic violence against women continued to be a widespread problem. 
According to a local NGO, 614 women in Lome reported being victims of 
domestic violence during the year. Police generally did not intervene 
in abusive situations, and women were not made aware of the formal 
judicial mechanisms designed to protect them.
    The law prohibits prostitution, including operating a brothel, and 
provides for fines of up to one million CFA francs (approximately 
$2,200) for brothel owners and panderers. Prostitution in Lome was 
fairly widespread since economic opportunities for women were severely 
limited. Several prostitutes in Lome reported that they had to pay 
security forces to pass through certain parts of town; this payment 
most often took the form of sex or bribes. Members of the security 
forces raped prostitutes who protested the payment. The Government did 
not act to stop this practice.
    A presidential decree, issued in 1984, prohibits sexual harassment 
and specifically mentions harassment of female students; however, 
authorities did not enforce the decree.
    Although the law declares women equal under the law, women 
continued to experience discrimination, especially in education, 
pension benefits, and inheritance, as a consequence of traditional law, 
which applies to the vast majority of women. A husband legally can 
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 requires 
equal pay for equal work, regardless of gender, but this provision 
generally was observed only in the formal sector. There are no 
restrictions on women owning property. Under traditional law 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. Otherwise, women can own property with no 
special restrictions. Women did not experience economic discrimination 
in access to employment, credit, or managing a business.
    During the year the Ministry of Social Affairs and Promotion of 
Women, along with independent women's groups and concerned NGOs, 
continued to campaign to inform women of their rights.

    Children.--Although the law provides for the protection of 
children's rights, government programs often suffered from a lack of 
funding, materials, and enforcement. According to the year's budget, 
4.2 percent of the national budget was allocated to education.
    There were many practices that discriminated against children, 
especially girls. A private radio station, Radio Zephir, sponsored by 
the NGO Plan International, broadcast a weekly program for children 
titled ``Children Also Have Rights.''
    In July 2007, the Government put into effect the country's first 
Child Code. The code provides for the protection of children's 
economic, psychological, and moral rights and includes national and 
international standards intended to protect children. The code 
prohibits child trafficking, child prostitution, child pornography, the 
employment of children in armed conflict, and other worst forms of 
child labor, including the selling of children for sexual exploitation, 
forced labor, or servitude. As a result of this code, during the year, 
hundreds of children were released from service as assistants to 
traditional healers.
    The Government provided education in state schools, and school 
attendance is compulsory for both boys and girls until the age of 15. 
On October 1, the Government announced that public nursery schools and 
primary schools would be free. According to the UN Children's Fund 
(UNICEF), although 92 percent of boys and 85 percent of girls started 
primary school only an estimated 58 percent of boys and 41 percent of 
girls finished primary school. For secondary school, the net enrollment 
was 34 percent for boys and 12 percent for girls, but only 19 percent 
of boys and 9 percent of girls completed secondary school.
    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.
    Child abuse was a widespread problem. Although the law explicitly 
prohibits sexual exploitation of children and child prostitution, the 
Government did not effectively enforce the prohibitions. The Government 
continued to work with local NGOs on public awareness campaigns to 
prevent exploitation of children.
    The law prohibits FGM; however, according to UNICEF, FGM continued 
to be perpetrated on approximately six percent of girls. Although no 
statistics were available, the Government and NGOs believed the 
practice had decreased significantly in urban areas since the 1998 
anti-FGM law was passed but continued as previously in rural areas. The 
most common form of FGM was excision, which was usually performed on 
girls a few months after birth. Most of the larger ethnic groups did 
not practice FGM. Penalties for practitioners of FGM range from two 
months to five years in prison as well as substantial fines. However, 
the law rarely was applied because most FGM cases occurred in rural 
areas where victims generally were unaware of their rights. Traditional 
customs often took precedence over 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 and worked to create alternative labor 
opportunities for former practitioners.

    Trafficking in Persons.--The law prohibits trafficking in children 
but not adults; however, persons were trafficked to, from, and within 
the country. The Government had little or no funding to investigate 
traffickers. Police had limited success in intercepting victims of 
trafficking, and prosecution of traffickers was rare. Detained 
traffickers often can pay a bribe to secure their release; however, 
during the year ten traffickers were arrested, and all remained in 
prison at year's end.
    Government agencies involved in antitrafficking efforts included 
the Ministry of Social Affairs and Protection of Women, the Ministry of 
Health, the Ministry of Security, the Ministry of Justice, the Ministry 
of Labor, and the security forces (especially police, army, and customs 
units). The Government cooperated with NGOs and the Governments of 
Ghana, Benin, and Nigeria under a quadripartite law allowing for 
expedited extradition among those countries.
    The country remained a country of origin, transit, and destination 
for trafficking in persons, primarily children. More young girls than 
boys were victims of trafficking. Trafficking in women for the purpose 
of prostitution or forced labor as domestic servants was a problem.
    Trafficking occurred throughout the country. The majority of 
trafficking victims were children from the poorest rural areas, 
particularly those of Kotocoli, Tchamba, Ewe, Kabye, and Akposso 
ethnicity and mainly from the Maritime, Plateau, and Central regions. 
Adult victims usually were lured with phony job offers. Children often 
were trafficked abroad by parents misled by false information. 
Sometimes parents sold their children to traffickers for bicycles, 
radios, or clothing and signed parental authorizations transferring 
their children to the custody of the trafficker.
    Children were trafficked into indentured and exploitative 
servitude, which amounted at times to slavery. Most trafficking 
occurred internally, with children trafficked from rural areas to 
cities, primarily Lome, to work as domestics, produce porters, or 
roadside sellers. 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. Victims were trafficked elsewhere in 
West Africa and to Central Africa, particularly Cote d'Ivoire, Nigeria, 
and Gabon; to Europe, primarily France and Germany; and to the Middle 
East, including Lebanon and 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 to Cote 
d'Ivoire, Nigeria, and Benin, and to Gabon for domestic servitude and 
street labor. 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.
    Traffickers were believed to be men and women of Togolese, 
Beninese, and Nigerian nationalities.
    The 2005 Law for the Repression of Child Trafficking provides for 
prison sentences and fines for anyone who recruits, transports, hosts, 
or receives trafficked children, as well as prison sentences for 
parents who willingly facilitate the trafficking of their children. The 
law provides for prison sentences from three months to 10 years and 
fines ranging from one to 10 million CFA francs (approximately $2,200 
to $22,000) for traffickers of children or their accomplices. Anyone 
who assists or provides information, arms, or transportation to 
facilitate the trafficking is considered an accomplice.
    There were no reports that governmental authorities or security 
force members facilitated or condoned trafficking in persons. There 
were no reports that border guards, customs or immigration officials, 
labor inspectors, or local police received bribes from traffickers, 
although it was possible given the high level of corruption.
    The Government, along with international and local NGOs and some 
diplomatic representatives, continued to train judges, security forces, 
and local volunteer committees on the 2005 antitrafficking law and 
other existing texts; by year's end approximately 100 members of the 
security forces had received such training.
    Trafficking occurred at both official points of entry and covertly 
at unrecognized, unmonitored border crossing points.
    Local volunteer committees investigated reports of trafficking. The 
ministries of education, interior, and social affairs worked with the 
International Labor Organization (ILO) to establish approximately 300 
antitrafficking committees in 2007.
    The National Committee for the Reception and Social Reinsertion of 
Trafficked Children is the focal point for statistics on child 
trafficking and is represented in each prefecture. The committee worked 
with local officials to reintegrate returned trafficking victims, and 
during the year assisted in the repatriation of 55 trafficking victims, 
including 52 children. Most of these children were reintegrated into 
their communities.
    The Government provided only limited assistance for victims, 
primarily because of a lack of resources. The NGO Terre des Hommes 
assisted recovered children until their parents or other next of kin 
could be notified. Assistance was also available from the Government-
funded Social Center for Abandoned Children. The center sends recovered 
children to school or finds apprenticeships for them. CARE 
International-Togo worked with NGOs including Terre des Hommes, La 
Colombe, RELUTET and Ahuefaon reintegration of trafficked children, 
awareness campaigns for parents and communities, keeping children in 
school, and supporting women's income-generating activities.
    During the year local officials, especially the Ministry of Social 
Affairs, worked closely with numerous NGOs, including Plan Togo, the 
World Association for Orphans-Afrique, CARE International-Togo, and 
Terre des Hommes, to conduct public awareness campaigns and training 
workshops for lawyers, journalists, judges, NGO representatives, and 
security personnel. The ILO and UNICEF 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. On June 17, the president presided 
over a day-long workshop that analyzed different aspects of trafficking 
in persons.

    Persons With Disabilities.--A law enacted in 2005 prohibits 
discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services, but the Government did not effectively enforce these 
provisions. There was no overt government discrimination against 
persons with disabilities, and some held government positions, but 
societal discrimination against persons with disabilities was a 
problem. The Government does not mandate accessibility to public or 
private facilities for persons with disabilities, although some public 
buildings have ramps. Although the law nominally obliged the Government 
to aid persons with disabilities and shelter them from social 
injustice, the Government provided only limited assistance.

    National/Racial/Ethnic Minorities.--The relative dominance in 
private sector commerce and professions of members of southern ethnic 
groups, and the relative prevalence in the public sector and especially 
the security forces of members of the former and current presidents' 
Kabye 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.

    Other Societal Abuses and Discrimination.--A 2005 law prohibits 
discrimination against persons infected with HIV/AIDS. The Government 
sponsored broadcasts aimed at dissuading discrimination. However, 
persons infected with HIV/AIDS continued to face significant societal 
discrimination.
    There was also societal discrimination based on sexual orientation. 
Homosexuality is illegal. The penal code provides that a person who 
engages in a homosexual act may be punished by one to three years' 
imprisonment and fined 100,000 to 500,000 CFA francs (approximately 
$220 to $550).
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law provide 
workers, except security forces (including firefighters and police), 
with the right to form and join unions, and they exercised this right 
in practice.
    Approximately 60 to 70 percent of formal sector workers were union 
members or supporters.
    The constitution and law provide most workers with the right to 
strike, including for members of the security forces and government 
health workers, although the latter must ensure minimal services. The 
2006 labor code prohibits retribution against strikers by employers. 
However, in July, after a strike of five hours and 30 minutes by the 
employees of the national phosphate company, Societe Nouvelle des 
Phosphates du Togo, nine of the strikers were fired.
    In January health workers went on strike to protest work 
conditions. The minister of health promised to meet their conditions; 
however, nothing was done, and the health workers went on strike again 
in September. As a result of the September strike some of the strikers' 
conditions were met; some received overtime pay from 2007, and others 
were promised ``risk pay'' for performing dangerous activities.
    In September 2007 the Government responded to a threatened strike 
by agreeing to pay arrears on civil servant salaries and on pension 
payments for retired public and private sector workers.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and the labor code nominally provide workers 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 Ministry of Labor failed to enforce the prohibition against 
antiunion discrimination.
    The law provides exemptions from some provisions of the labor code, 
notably the regulations on hiring and firing for companies in the EPZs. 
Employees of EPZ firms did not enjoy the same protection against 
antiunion discrimination as did other workers. Workers in the EPZs were 
prevented from exercising freedom of association, because unions did 
not have free access to EPZs or the freedom to organize workers there.

    c. Prohibition of Forced or Compulsory Labor.--The labor code 
prohibits forced or compulsory labor, including by children; however, 
such practices occurred. Children sometimes were subjected to forced 
labor, primarily as domestic servants, porters, and roadside sellers.
    Forced or compulsory labor by children was a problem.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code prohibits the employment of children under the age of 15 in 
any enterprise, prohibits children under age 18 from working at night, 
and requires a daily rest period of at least 12 hours for all working 
children. However, the Government did not effectively enforce child 
labor laws, and child labor was a problem. Some children started work 
at age five and typically did not attend school for most of the school 
year.
    Children are found working in both rural and urban areas, 
particularly in family-based farming and small-scale trading. 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 12,500 to 
17,500 CFA francs ($28 to $39).
    Children were trafficked into indentured and exploitative 
servitude, which amounted at times to slavery.
    There were credible reports that Nigerian women and children were 
trafficked through the country to Europe, particularly to Italy and the 
Netherlands, for the purpose of prostitution.
    The Ministry of Social Affairs and Promotion of Women was 
responsible for enforcing the prohibition of the worst forms of child 
labor. In July 2007 the National Assembly adopted the Child Code that 
prohibits the employment of children in the worst forms of child labor, 
including child trafficking, child prostitution, child pornography, and 
the use of children in armed conflict. Due to limited resources, the 
enforcement of child labor laws was weak. The ministry funded a center 
for abandoned children and worked with NGOs to combat child 
trafficking.

    e. Acceptable Conditions of Work.--The Government sets minimum 
wages for different labor categories, ranging from unskilled through 
professional positions. There was no minimum wage for workers in the 
informal sector. In practice employers often paid less than the 
official minimum wage, mostly to unskilled workers. In August the 
Government raised the official monthly minimum wage from 10,000 to 
16,000 CFA francs (approximately $22 to $36) to 28,000 francs CFA 
($62). However, the new wage 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 and 
Social Security is responsible for enforcement of the minimum wage 
system, especially in the private sectors, 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 40 hours per week; at 
least one 24-hour rest period per week is compulsory, and workers are 
expected to receive 30 days of paid leave each year. Working hours for 
employees in the agricultural sector are not to exceed 2,400 hours per 
year (46 hours per week). 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. Although workers have the legal right to remove 
themselves from unsafe conditions without fear of losing their jobs, in 
practice some could not do so. Labor laws also provide protection for 
legal foreign workers.

                               __________

                                 UGANDA

    Uganda, with a population of 30 million, is a constitutional 
republic led by President Yoweri Museveni of the dominant National 
Resistance Movement (NRM) party. The 2006 presidential and 
parliamentary elections generally reflected the will of the electorate; 
however, both were marred by serious irregularities. Violence in the 
Karamoja region was fueled by an influx of small arms and resulted in 
deaths and injuries. Lord's Resistance Army (LRA) terrorist leader 
Joseph Kony refused to sign a final peace agreement mediated by the 
Government of Southern Sudan; however, there were no reports of LRA 
attacks or kidnappings or reports of government killings of suspected 
LRA rebels within the country during the year. On December 14, the 
Governments of Uganda, Southern Sudan and the Democratic Republic of 
Congo (DRC) launched a joint military operation against the LRA, which 
was based in the DRC's Garamba National Park; the operation was ongoing 
at year's end. While civilian authorities generally maintained 
effective control of the security forces, elements of the security 
forces occasionally acted independently of government authority.
    The Government's human rights record remained poor. Although there 
were improvements in a few areas, serious problems remained, including 
unlawful killings by security forces; mob violence; torture and abuse 
of suspects by security forces; poor prison conditions; official 
impunity; arbitrary arrest; incommunicado and lengthy pretrial 
detention; restrictions on the right to a fair trial and on freedoms of 
speech, press, assembly, association, and religion; sexual abuse of 
internally displaced persons (IDPs) in camps; restrictions on 
opposition parties; electoral irregularities; official corruption; 
violence and discrimination against women and children, including 
female genital mutilation (FGM) and sexual abuse of children; 
trafficking in persons; violence and discrimination against persons 
with disabilities and homosexuals; restrictions on labor rights; and 
forced labor, including child labor.
    The LRA, which relocated to the DRC in 2005, was responsible for 
killing, raping, and kidnapping hundreds of persons in the DRC, Central 
African Republic (CAR), and Sudan. The LRA continued to hold children 
it had forcibly abducted from Uganda.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces were responsible for killings during apprehension and 
for deaths in custody, some due to torture. The Government generally 
punished perpetrators appropriately.
    On January 20, Special Police Constables (SPCs) Simon Kirabira and 
Peter Serukwaya killed Jovina Busulwa and Patrick Maale Sentumbwe while 
trying to arrest a suspect in Nansana, a Kampala suburb. Eyewitnesses 
reported that the SPCs shot indiscriminately into the suspect's home. 
An investigation into the incident was ongoing at year's end.
    On September 26, the Kampala High Court found SPCs Moses Byansi, 
Jackson Kashaija, Mesach Tumuhairwe, Nathan Karungi, George Lwali, and 
John Rungulu guilty of the March 25 killing of Edward Nyamwihura, a 
suspect in the killing of a resident of Nalukonge Kyankwanzi village in 
Kiboga District; all six were sentenced to death.
    On September 16, Uganda People's Defense Forces (UPDF) soldiers 
Muzamir Angufi, John Opio, Martin Menya, and Edward Pyenkya tortured to 
death Muron Lomunan, the Local Council I chairman of Lokitaleb Village, 
during a cordon and search operation in Kotido District, Karamoja 
region. On October 13, the Kotido District Third Division Court Martial 
sentenced each of the four soldiers to 12 years' imprisonment and 
dismissed them from the army with disgrace. On October 15, the court 
martial sentenced Lieutenant Richard Watum to 14 years' imprisonment 
for ordering the torture and dismissed him from the army.
    During the year several security force members were punished for 
2007 and 2006 killings. For example, on January 22, the Moroto District 
Third Division Court Martial found UPDF private John Achilam guilty of 
killing a civilian during a cordon and search operation in November 
2007. He was sentenced to six months in prison.
    On February 29, the Moroto District Third Division Court Martial 
found UPDF Presidential Guard Brigade (PGB) member Zepha Muhumuza 
guilty of killing Rukia Nandago, Collins Nabende, and Moses Kiwani in 
April 2007. Muhumuza was sentenced to death.
    On June 28, the Gulu District Fourth Division Court Martial found 
UPDF soldiers Michael Ocwir, Richard Baguma, and Geoffrey Lubwama 
guilty of killing suspected chicken thieves Wilfred Kinyera and Joel 
Orem in 2006. All three were sentenced to death.
    Several 2007 cases involving security force killings remained 
ongoing at year's end, including the trial of Peter Ahimbisibwe, who 
was arrested for the April killing of presidential office official 
Nelson Ssendegeya; the May death of Faizal Kirunda from injuries 
inflicted by authorities at the Malukhu Prison in eastern Uganda; the 
October killing of suspect Ronald Bukyayanga by three Nabbingo SPCs; 
the October killing of Rogers Mugenyi by a Kampala traffic police 
officer; and the October rape and killing of a woman by UPDF soldier 
Ochen Obonyo.
    Local Defense Unit (LDU) members were responsible for killings 
during the year. For example, on July 2, LDU member Kenneth Albino 
killed civilians David Olah, Ismail Okello, and Obina Torit in a 
nightclub following a quarrel over a woman in Omiya-Nyima IDP camp, 
Kitgum District. On July 15, police arrested Albino, who pled guilty to 
three counts of murder before a court martial in Kitgum. The case was 
pending at year's end.
    Murusi Katusabe, an LDU member arrested for the April 2007 killing 
of two civilians, remained at large.
    Mob attacks against persons suspected of committing crimes resulted 
in deaths. Witnesses rarely cooperated with police, making 
investigation of such incidents difficult.
    For example, on July 10, a mob in Mukono District burned to death 
Alex Sendawula, who had reportedly tried to steal a bicycle in Lugazi 
Town.
    On September 10, a mob in Luweero District burned to death 
suspected thieves Godfrey Matovu, Yusuf Kasozi, and Fred Kiwanuka. On 
October 1, police arrested Musa Mungomaon for suspected involvement in 
the incident, and the case remained pending at year's end.
    There were no developments in 2007 cases of mob violence.
    In the Karamoja region, there were fewer interclan cattle raids 
between Karamojong tribes in the east; however, violence in the region 
continued. Deaths from cattle raids, the UPDF's response to those 
raids, and the Government's forced disarmament campaign resulted in 74 
deaths during the year, according to UPDF records. In October the UN 
Office for the Coordination of Humanitarian Affairs (OCHA) reported 
that incursions of illegally armed Karamojong in neighboring districts 
decreased during the year, which OCHA attributed to the deployment of 
police units to the area to prevent cattle theft.
    While there were no reports of LRA attacks within the country 
during the year, the group killed numerous persons in the DRC, CAR, and 
Sudan. For example, on June 6, an LRA attack on the Sudanese People's 
Liberation Army (SPLA) resulted in the deaths of 14 SPLA soldiers and 
nine civilians. Between September 4 and 5, rebels killed two residents 
of Dimba, DRC, and raped 16 women from the village.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year; however, some disappearances from 
earlier years remained unresolved. The Forum for Democratic Change 
(FDC) reported that the whereabouts of party member Robert Mugyenyi, 
who disappeared in 2006, remained unknown at year's end.
    There were no reports of LRA abductions in northern Uganda; 
however, an estimated 5,000 of the 40,000 children and young adults 
abducted by the LRA in previous years remained unaccounted for, 
according to the international nongovernmental organization (NGO) Save 
the Children. The LRA continued to abduct children and adults in the 
DRC, CAR, and Sudan.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were credible reports that security forces tortured and beat 
suspects, and that detainees died as a result of torture. Torture 
generally occurred in unregistered detention facilities and was 
intended to force confessions. The Uganda Human Rights Commission 
(UHRC) received 197 complaints of torture during the year.
    The UHRC, Human Rights Watch (HRW), the Foundation for Human Rights 
Initiative (FHRI), and other human rights organizations reported 
incidents of torture by security forces, including caning; severe 
beating with rifle butts, sticks, and electric cables; removal of 
fingernails; hammering needles into the body; electric shock; use of 
snakes, ants, and chemical substances; rape; and inflicting pain to the 
genitals. From January to August, the African Center for Treatment and 
Rehabilitation of Torture Victims (ACTV) registered 10 cases of torture 
against SPCs, eight against the UPDF and its Chieftaincy of Military 
Intelligence (CMI), and three against the Violent Crime Crack Unit 
(VCCU) or Rapid Protection Unit. Torture victims included political 
activists and detainees.
    In October SPC Eric Kiirya shot and injured Masaba Bakari, who 
defied traffic police directives to stop in Mazulu village, Namutumba 
District. A police investigation was ongoing at year's end.
    Police use of excessive force to disperse opposition politicians 
and demonstrators resulted in injuries. (See Section 2.b.)
    For example, on June 10, in Kampala, police arrested, assaulted, 
and nearly stripped naked Kampala District Member of Parliament (MP) 
Nabilah Sempala for allegedly conducting an illegal rally in her 
district; Sempala was subsequently released. The Parliamentary 
Committee on Defense and Internal Affairs was investigating the case at 
year's end.
    The UHRC tribunal made 19 rulings on torture cases from previous 
years, including awarding 20 million shillings ($10,666) to Constable 
Sam Etimu Opio as compensation for the 2004 torture death by the 
defunct Arrow Boys, a paramilitary group, of his brother Richard 
Okello. During the year the tribunal also awarded 28 million shillings 
($14,776) to Charles Omony for having been tortured by UPDF soldiers in 
Gulu in 2003.
    Mobs attacked persons suspected of stealing and other crimes, 
resulting in deaths and injuries. Motivated in part by lack of 
confidence in law enforcement and the judicial system, mobs beat, 
lynched, and otherwise mistreated their victims.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and frequently life threatening. In addition there were reports 
that security forces and guards tortured inmates, although the 
September FHRI report noted improved treatment of inmates by wardens 
and fewer incidents of corporal punishment. Unlike in the previous 
year, there were no reports that prison officials raped detainees. 
Forced labor in prisons countrywide remained a problem and resulted in 
one death during the year.
    Prison conditions came closest to meeting international standards 
in Kampala, where medical care, running water, and sanitation were 
provided; however, these prisons also were among the most overcrowded. 
There were an estimated 26,000 prisoners in the prison system at the 
end of July, approximately three times the capacity. Severe 
overcrowding was also a problem at juvenile detention facilities and in 
female wings of prisons. The Kampala remand home, designed for 45 
persons, held 131 children. The reception center, designed for 30 
prisoners, held 63 juveniles under the age of 12. Serious problems in 
prisons outside of Kampala included congestion, inadequate staff, and 
lack of food, water, medical care, and bedding, although FHRI reported 
that access to medical care improved during the year, especially for 
HIV/AIDS patients in prisons in Lira, Apac, and Lusira.
    Overcrowding, malnutrition, poor sanitation, disease, overwork, and 
lack of medical care resulted in 149 prisoner deaths nationwide, 
according to the Prisons Service.
    On April 8, Isaac Apungia, an inmate at Amuria prison in northern 
Uganda, collapsed and died after he was subjected to harsh conditions 
on a prison farm. Apungia was reportedly forced to dig after he 
complained of health problems. A police investigation was ongoing at 
year's end.
    On June 29, prisoners Geoffrey Akandwanaho, Fred Mugisha, and 
Ephraim Nankunda were found dead in Kiruhura prison. A Prisons Service 
investigation determined that severe overcrowding had caused all three 
to suffocate. No action was taken against prison authorities.
    Female prisoners in central prisons were held in separate 
facilities; however, services and facilities for female prisoners in 
local prisons, including separate cells, were lacking in some parts of 
the country. The Prisons Service had no budget for pregnant women or 
mothers of infants, although the number of infants in female prisons 
increased during the year, according to FHRI. Due to lack of space in 
juvenile facilities, minors were held in prisons with adults. Pretrial 
detainees in Kampala prisons were separated from convicted prisoners, 
but pretrial detainees and convicted prisoners in the rest of the 
country were sometimes 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. 
However, authorities required advance notification of visits.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit such practices; however, members of the security forces 
arrested and detained citizens arbitrarily during the year.

    Role of the Police and Security Apparatus.--The Uganda Police Force 
(UPF), under the Ministry of Internal Affairs, has primary 
responsibility for law enforcement. The UPDF is the key armed force 
charged with external security but has had partial responsibility for 
maintaining order in the north, where it was deployed to protect 
civilian IDPs from rebel attacks and to prevent violence resulting from 
interclan cattle raids in the Karamoja region. The Internal Security 
Organization (ISO) and External Security Organization (ESO), key 
security agencies and intelligence-gathering entities under the direct 
control of the president, occasionally detained civilians. The CMI, 
under UPDF authority although it often acted as a semi-autonomous unit, 
detained civilians suspected of rebel and terrorist activity, as did 
the ISO and ESO. LDUs reinforced government efforts to protect 
civilians from LRA attacks; they also sometimes participated in 
offensive military operations and carried out police functions.
    The UPF continued to be constrained by limited resources, including 
low pay and lack of vehicles, equipment, and training. Corruption and 
impunity were problems. Nineteen police officers faced charges of 
corruption, and their cases were pending at year's end. No police 
officers were discharged or dismissed for accepting bribes. The UPF 
Human Rights Desk investigated complaints of police abuses, including 
mismanagement of case papers; torture and harassment; unlawful arrest 
and detention; abuse of office; irregular or discreditable conduct; and 
corrupt practices.
    During the year the UPDF continued efforts to transfer 
responsibility for law enforcement in the north and in the Karamoja 
region to the UPF. In conjuction with the UHRC and international 
organizations such as the ICRC and the UN Office of the High 
Commissioner for Human Rights (UNHCR), the UPDF, and the police 
continued a training program to educate military officers on 
internationally recognized human rights standards. In April 500 UPDF 
soldiers and 173 police officers attended human rights information 
sessions. During the year 25 UPDF instructors and legal officers, 
including military media and medical staff, attended the seventh two-
week ``Training of Trainers'' course in Jinja. The police, UPDF, and 
Prisons Service also used human rights manuals in their training 
programs.
    LDUs, which were poorly equipped and trained, were responsible for 
numerous human rights abuses.

    Arrest and Detention.--The law requires that judges or prosecutors 
issue search warrants before arrests are made; however, in practice, 
suspects often were taken into custody without warrants. Until March 
26, when the Constitutional Court nullified the provision, the law 
required suspects to be charged within 48 hours of arrest; suspects 
frequently were held longer. Suspects arrested under the Antiterrorism 
Law 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. The law provides for 
bail at the discretion of the judge, and bail was generally granted 
with stringent conditions. Detainees are required by law to have access 
to a lawyer; however, many went without legal representation. Indigent 
defendants accused of capital offenses are provided attorneys at state 
expense. The law provides for family visitation, but incommunicado 
detention remained a problem during the year.
    Mass arrests during police sweeps for criminals remained a problem, 
as did arrests based on treason charges. Treason suspects were 
subjected to numerous abuses, such as detention without charge, 
detention in unregistered and unofficial locations, and mistreatment, 
including torture. The Prisons Service held 33 pretrial treason 
suspects during the year. The UHRC received 72 complaints during the 
year from persons who claimed they were arbitrarily arrested, 13 of 
which were confirmed by the UHRC tribunal. The Government paid 
compensation to victims of arbitrary arrest during the year, but 
government compensation was often slow in coming. On April 23, UHRC 
Chairperson Margret Sekaggya petitioned parliament to establish a 
national fund to pay victims; past compensation payments have been made 
from general government funds administered by the Ministry of Justice 
and Constitutional Affairs.
    Human rights groups reported that civilians were detained in 
military facilities and unregistered detention facilities known as safe 
houses. Human rights groups continued to receive credible allegations 
that CMI ordered detainees held incommunicado at police stations or in 
so-called safe houses. According to the FHRI, the CMI held two 
civilians incommunicado during the year, one of whom died; the Joint 
Antiterrorism Task Force held 14 incommunicado. None of the detainees 
had been released by year's end.
    Police arbitrarily arrested activists and demonstrators during the 
year. (See Section 2.b.)
    No action was taken in the 2006 case of Muwanga Kivumbi, the 
national coordinator of Popular Resistance Against Life Presidency, who 
was arrested, interrogated for seditious remarks, and released.
    Case backlogs in the judicial system contributed to pretrial 
detentions of between two and three years but sometimes as long as 
seven years. The Prisons Service reported that over half of its 29,000 
inmates were pretrial detainees. The UHRC heard several cases brought 
by prisoners challenging the length of their detention. In May the 
Government appointed 12 judges to expedite adjudication, following 
notification by parliament's Internal Affairs Committee that 29 inmates 
at the Kigo Prison in Kampala were on remand for over five years for 
lack of judges to hear their cases. Judges on circuit rides to the 
north heard 331 of the 384 cases before them resulting in the release 
of 103 prisoners during the year.
    In October CMI denied reports that 300 UPDF soldiers attached to 
the PGB had been detained without charge for one to five years in 
Luzira, Makindye, and Katabi prisons.

    Amnesty.--The Government has offered a blanket amnesty since 2000 
to former combatants for treason charges to encourage defection from 
the LRA and other rebel groups. Almost 23,000 individuals benefited 
from the law since its implementation, over half of whom were former 
LRA combatants.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision in practice; however, the president has 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 judiciary. The judiciary ruled against the 
Government on several high-profile cases during the year. Lower courts 
remained understaffed, weak, and inefficient.
    Judicial corruption was a problem, and in May the Judicial Service 
dismissed Gaster Mugoya, Mwanga II Court Chief Magistrate, for 
corruption and abuse of office.
    The corruption case against Solicitor General Lucien Tibaruha and 
acting Director for Litigation Joseph Matsiko, who were indicted by the 
Inspectorate General of Government (IGG) in May 2007 for mismanaging 
cases that resulted in financial loss to the Government, remained 
pending. In June 2007 the High Court invalidated Tibaruha's indictment, 
but in September 2007 President Museveni ordered Tibaruha to vacate his 
office. Both Tibaruha and Matsiko remained out of office, despite the 
High Court's decision, at year's end.
    The highest court is the Supreme Court, followed by the Court of 
Appeal, which also functions as the Constitutional Court, the High 
Court, magistrate's courts, and local council (LC) subcounty courts, 
parish courts, and village courts. The LC courts have 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 not involving children. Decisions made by LC courts can 
be appealed to magistrate's courts, but there often were no records at 
the village level, and some defendants were not aware of their right to 
appeal.
    The military court system often did not assure the right to a fair 
trial. Although the accused has the right to legal counsel, some 
military defense attorneys were untrained. 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. The 
law does not permit appeal of a conviction under a field court martial. 
The military general court martial can try civilians charged with 
crimes listed under the UPDF Act.
    On October 13, the Supreme Court reversed a lower court ruling that 
Henry Tumukunde, the former director of the ISO, had violated army 
rules and regulations when he criticized the Government and the army on 
radio talk shows. The Supreme Court noted that the lower court had 
ignored constitutional provisions of free expression and speech and 
provisions of the Parliamentary Elections Act on procedures to elect or 
remove army MPs from parliament. The Supreme Court directed the 
Government to pay Tumukunde the court costs of both suits, which were 
estimated at one billion shillings ($560,000).

    Trial Procedures.--An inadequate system of judicial administration 
and a lack of resources resulted in a serious backlog of cases and 
limited the right to a fair trial. All nonmilitary trials are public, 
but juries are not used. Defendants have the right to be present and to 
consult with an attorney in a timely manner, but cases may proceed 
without defendants in civil cases. The law requires that the Government 
provide an attorney for indigent defendants accused of capital 
offenses, but there were rarely funds to retain adequate counsel. By 
law defendants may confront or question witnesses against them and 
present witnesses and evidence on their behalf, but this right was not 
respected in practice. On March 8, the Constitutional Court ruled that 
suspected criminals have a right to demand the disclosure of 
documentary evidence the state intends to use against them before the 
start of their trial. The ruling struck down the practice of ``trial by 
ambush.'' However, the ruling stated that the right of disclosure is 
not absolute in highly sensitive cases. There is a presumption of 
innocence, and defendants have the right of appeal.

    Political Prisoners and Detainees.--There were reports of a number 
of political prisoners and detainees during the year, but reliable 
statistics were unavailable.
    On May 29, FDC opposition party members Asaph Ntanda, Yusuf 
Mukwate, Proscovia Naikooba, Cathey Ayebare, Olive Mbabazi, and Daniel 
Katumba were arrested on allegations of engaging in paramilitary 
training. All six were released on May 31 without charges. One week 
before the arrest, in Kawempe, the FDC held a workshop which the 
Government alleged was intended to teach young members how to overthrow 
governments by force; the FDC claimed the workshop was to mobilize 
young members.
    Charges of treason remained pending in the High Court against FDC 
opposition leader Kizza Besigye and nine other FDC members; a hearing 
in the Constitutional Court on Besigye's petition challenging the 
constitutionality of the treason charges was scheduled for December 
2008. Besigye and five of the nine FDC members were released on bail 
and one died in 2007; the remaining four were released on bail during 
the year. The charge of unlawful possession of firearms against all but 
Besigye was pending at year's end.
    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.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. In the case of a human rights 
violation, there is access to the UHRC, which has the powers of a court 
under the constitution. These powers include the authority to order the 
release of detainees, payment of compensation to victims, and other 
legal remedies. There were problems enforcing domestic court orders.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions and the 
Government generally respected these prohibitions. At times the police 
did not obtain search warrants, as required by law, to enter private 
homes and offices.
    On December 22, a High Court judge ruled that the Government in 
2006 had violated the privacy rights of Juliet Mukasa, chair of the 
Sexual Minorities of Uganda Group (SMUG). (See Section 5.)
    The Antiterrorism Act authorizes certain law enforcement officials 
to intercept communications to detect and prevent terrorist activities. 
The Government continued to monitor telephone conversations.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government at 
times restricted these rights, and the law criminalizes offenses 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.
    Government officials used libel laws and cited national security as 
grounds to impede freedom of speech, and detained and interrogated 
politicians and activists who made public statements critical of the 
Government. The President's Office reportedly monitored political talk 
show debates closely, and the Government occasionally attempted to 
block participation of opposition members on radio talk shows. 
Opposition politicians reported difficulties securing media outlets to 
convey their messages in Gulu and Hoima.
    On March 31, Makindye West Parliamentarian Hussein Kyanjo was 
charged with sedition and promoting sectarianism. Kyanjo stated on an 
October 2007 radio talk show that President Museveni and other 
government officials used their positions to displace persons in the 
Kisozi region and to promote hostility among the Baganda and the 
Balaalo ethnic groups. As with several other cases involving sedition 
charges, no further action was taken pending a 2005 petition filed by 
Andrew Mwenda, the managing editor of The Independent newspaper, 
challenging the constitutionality of the sedition law.
    On July 18, Buganda Deputy Minister of Information Medard Seggona 
Lubega, Buganda Central Civic Education Committee Chairperson Betty 
Nambooze, and Minister for Information and Cabinet Affairs Charles 
Peter Mayiga were arrested and charged with sedition and promoting 
sectarianism; the three had publicly criticized the Government's 
proposed amendments to the 1998 Land Act. On July 23, a Kampala court 
ordered their release after no charges had been filed within 48 hours. 
On July 24, the police released and immediately rearrested Lubega, 
Nambooze, and Mayiga, for a new 48-hour detention period. On July 25, 
Lubega and Nambooze were charged with sedition and promoting 
sectarianism and released on bail; Mayiga was released on bond pending 
investigation. On August 13, a court in Kampala stayed the sedition 
charges against Nambooze and Lubega, pending a ruling on the sedition 
law.
    The August 2007 case against Makindye East Parliamentarian Hussein 
Kyanjo for inciting public violence through seditious statements was 
pending in court at year's end.
    The Government established a special committee in May to explore 
avenues for managing the media. Human rights groups criticized the 
action as a move to crack down on media freedom.
    There were many privately owned publications and broadcast 
stations, and the independent media were generally active and expressed 
a wide variety of views, although they faced obstacles. Media laws 
require that journalists be licensed and possess a university degree in 
journalism or the equivalent. The law also grants the Media Council the 
power to suspend newspapers. The Daily Monitor and The Weekly Observer 
continued to publish articles critical of the Government despite 
pending sedition cases against members of their staff. The Government 
owned several daily and weekly newspapers.
    Government restrictions on the press increased, but cases involving 
such restrictions were suspended during the year pending a 
Constitutional Court ruling on the 2005 petition challenging the 
constitutionality of the sedition law. On February 17, the 
Constitutional Court postponed the hearing of the 2005 petition on the 
law's constitutionality filed by Andrew Mwenda. The court ordered 
Mwenda and the East Africa Media Institute, which filed a similar 
petition challenging the sedition law in 2007, to submit a joint 
petition. The case was pending at year's end.
    On January 29, former Daily Monitor editors Joachim Buwembo and 
Bernard Tabaire were charged with sedition for printing stories 
alleging that IGG Faith Mwondha made bogus salary claims. The case was 
stayed pending a ruling on the sedition law.
    On April 26, police detained Mwenda, contributing editor Charles 
Bichachi, and reporter John Njoroge for publishing an article alleging 
UPDF atrocities during 2003 in the LRA conflict, including first-person 
accounts of torture in government safe houses. The three journalists, 
who were interrogated for three hours and released, were charged on May 
9 with sedition. On May 23, a lower court suspended the trial pending a 
ruling on the sedition law.
    The police forwarded one media case involving criticism of the 
state to the Media Council during the year; the council ordered the Red 
Pepper newspaper to apologize to former MP and conservative party 
leader Ken Lukyamuzi.
    Independent television and radio stations that hosted opposition 
political candidates critical of the Government were sometimes subject 
to government interference. The Government continued to ban new radio 
stations in Kampala, reportedly because of limited available 
frequencies; however, the ban was widely disregarded without penalty.
    The Government arrested, harassed, and assaulted radio and 
television journalists during the year.
    For example, on January 14, police in Kabarole District arrested 
Life Radio station presenters Steven Rwagwer, William Gonza, Gerald 
Kankya, Joram Bintamanya, and Prosper Busingye on allegations of 
threatening violence. The arrest followed critical comments the 
detainees had made about the Tooro Kingdom government on a radio talk 
show.
    On August 27, police in Kampala harassed and assaulted Wavah 
Broadcasting Station journalists Francis Tumwekwasize and Timothy 
Sibasi, who were on assignment at Namboole Stadium in Kampala. The 
police accused the journalists of negative reporting about the police. 
On September 1, the journalists filed a petition with the UHRC, and an 
investigation was ongoing at year's end.
    On January 8, Regional Police Commander Martin Abiru banned the 
Peoples' Rights and Awareness program on Life FM Radio because it had 
criticized Tooro Kingdom leaders. On March 14, the High Court in 
Kabarole District ruled that the show should be reinstated because the 
ban violated the constitutional provisions for free speech and 
expression. However, Life Radio owner, Pastor K.L. Dickson, suspended 
the show following pressure from the Government's local security forces 
in June. In October 2007 security agents allegedly poured acid on the 
station's radio transmitter after a controversial broadcast.
    No action was taken against perpetrators in the March 2007 assault 
by security forces in Kampala of Sam Mateka of Simba FM, Richard 
Ssemakula of the Government-owned Bukedde newspaper, Charles Sekajja of 
Ddembe FM, and Chris Ahimbisibwe of the Government-owned New Vision; 
the journalists were covering the trial of People's Redemption Army 
(PRA) suspects. No action also was taken against security force members 
who raided Life Radio in October 2007.

    Internet Freedom.--Individuals and groups could generally engage in 
the peaceful expression of views via the Internet, including by e-mail; 
however, at times the Government restricted access. The 2006 ban on 
access to radiokatwe.com, an antigovernment gossip Web site, remained 
in place. Access to the Internet continued to increase during the year, 
although only approximately 5.7 percent of the population used the 
Internet at least monthly due to lack of infrastructure.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom; however, research clearance was 
required in certain academic areas, such as history and political 
science, and was difficult to obtain.
    In May the Media Council blocked the screening of two films-
Watermelon Woman and Rag Tag-at a film festival in Kampala for 
perceived promotion of homosexuality.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law restricts freedom of assembly. As a result of a 
September 2007 declaration by the Ministry of Internal Affairs, police 
permits are required for all public meetings, demonstrations, and 
processions. On May 27, the Constitutional Court nullified section 
32(2) of the Police Act, which had abolished the Government's 
requirement to obtain written permission before holding an assembly or 
demonstration of 25 or more persons and permitted the inspector general 
of police to stop a public rally, demonstration, or procession. 
However, on May 30, the Ministry of Justice and Constitutional Affairs 
appealed the court decision, which in effect stayed any action on the 
court's ruling.
    Security forces forcibly dispersed and arrested demonstrators; 
unlike in the previous year, there were no reported deaths.
    On February 12 and 13, following the Kampala City Council's 
decision to award a contract to develop the Kisekka market to a private 
company without consulting the market vendors association, Kisekka 
market vendors conducted another violent demonstration. Mobile patrol 
police armed with AK-47 rifles shot at the demonstrators, who began 
throwing stones and other objects. Four demonstrators were injured, and 
14 were imprisoned. Three police officers were under investigation at 
year's end for use of excessive force. The city council subsequently 
invalidated the contract with the private company and agreed that the 
traders should be given first right to develop the market.
    On June 10, Democratic Party (DP) members Domic Matovu Savio, 
Emmanuel Mugandusi, Samuel Mulindwa, Margret Wazemba, and Ben Kiwanuka 
were arrested and charged with emitting noise in excess of permissible 
levels, taking part in a riot, assault, and carrying arms during an 
``illegal'' rally at their party headquarters. The DP members were 
released on bail, and the case was pending at year's end.
    On August 6, police in Hoima District arrested 25 students of 
Mandela Secondary School for participating in a demonstration; the 
students were protesting the school's harsh punishments, banning of 
nightclubs, and other grievances. The suspects were charged with 
malicious damage to property and staging an unlawful demonstration. The 
case was pending at year's end.
    On August 12, a parliamentary select committee opened 
investigations into allegations of police brutality following incidents 
in which parliamentarians were allegedly assaulted by police during 
``illegal'' political rallies. ((SeeSection 1.c.) For example, on June 
9, in Kampala, Rubaga South MP Susan Nampijja was injured from tear gas 
used by police to disperse a meeting that Nampijja had organized for 
Kibuye Market residents.
    There were no developments in the following 2007 cases of forcible 
dispersion or arrest of demonstrators: the January unlawful assembly 
case against DP members Vincent Kabuubi, Deo Ssekitoleko, Fred Sebyoto, 
and Geoffrey Tomusange; the inquiry ordered by the inspector general of 
police, Major General Kale Kayihura, into the death of a child as a 
result of Kampala police firing tear gas at FDC leader Besigye and 200 
supporters during a March demonstration; the April arrests and 
subsequent release on bail of parliamentarians Beatrice Atim Anywar, 
Hussein Kyanjo, and 24 others during a demonstration against the 
proposed sale of the Mabira Forest Reserve; the June arrest and 
subsequent release of 12 students in Bugembe for unlawful assembly and 
rioting; and the July injury of five student demonstrators by three 
police officers, who were charged but not tried for the offence.
    No action was taken against police officers responsible for 
injuring protesters during forcible dispersions of demonstrators in 
2006.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected these rights.
    On January 15, in response to NGO criticism and after consultation 
with civil society, the Government established a committee to review 
the 2006 NGO Registration Act, which requires most NGOs, including 
religious organizations, to renew their registration permits annually. 
Discussions were ongoing at year's end, and enforcement of the law was 
temporarily suspended.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice with some restrictions. The law requires religious groups 
and foreign missionaries to register with the Government under the same 
law as NGOs, and failure to register is a criminal offense; following 
NGO criticism, however, the Government established a committee to 
review the law, and enforcement was temporarily suspended. There were 
no reports of violence by the Government or its agents against 
religious groups, leaders, or individual members, but there were 
reports that the Government restricted worship by certain religious 
groups.
    Local officials imposed minor restrictions on nighttime 
congregating to curb violence, criminal activity, and noise, which 
indirectly impeded the activity of some religious groups. Groups 
considered cults experienced extra scrutiny and restrictions.
    On April 29, the Kamwenge District deputy resident commissioner 
ordered the arrest of 11 members of the Nyangakaibo cult. The suspects 
were charged with holding an illegal assembly on April 30 and remanded 
to prison. The case was pending at year's end.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination based on religious belief or 
practice, and prominent social leaders took positive steps to promote 
religious freedom. However, some members of traditional religious 
groups accused evangelical groups of practicing ``witchcraft.''
    The Jewish community was very small, and there were no reports of 
anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement, foreign travel, emigration, and repatriation; 
however, the Government at times limited these rights in practice. A 
married woman must obtain her husband's written permission on her 
passport application if children are to be listed on her passport. 
There were reports that government agents blocked the travel of 
opposition party members.
    The country has no law on forced exile; however, the Government did 
not use forced exile during the year.

    Internally Displaced Persons (IDPs).--Improved security in the 
north and the Government's launch of the Peace, Recovery, and 
Development Plan to rebuild infrastructure in the north encouraged the 
return of most of the 1.8 million persons displaced in the LRA-affected 
north by year's end. As of November, 39 percent of the original 1.1 
million IDPs in the Acholi districts of Amuru, Gulu, Kitgum, and Pader 
had moved either to transit sites within commuting distance of their 
farms (30 percent) or to their villages of origin (41 percent). An 
estimated 437,000 IDPs in the LRA-affected north remained in camps at 
year's end. Insecurity in the Karamoja region continued to result in 
the displacement of non-Karamojong residents in neighboring districts.
    While the Government and international humanitarian organizations 
provided assistance to IDPs in camps, health and living conditions 
remained precarious in areas of return, and many former IDPs, 
particularly women and children, were deprived of access to education, 
basic health care, safe water, and protection. Some landlords forcibly 
evicted IDPs. The Government continued to work with UNHCR and other 
international organizations to prepare IDPs to return to their home 
areas.
    There were isolated reports that UPDF troops raped IDPs.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status or asylum. The 
Government cooperated with the UNHCR and other humanitarian 
organizations in providing protection and assistance to IDPs, refugees, 
asylum seekers, and other persons of concern.
    The Government also provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened.
    The Government provides temporary protection to individuals who may 
not qualify as refugees under the 1951 Convention and 1967 protocol; 
however, no individuals received such protection during the year.
    During the year the Government assisted UNHCR in the voluntary 
repatriation of 46,984 refugees to Southern Sudan.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully; however, the ruling party's domination of 
the Government and some restrictive constitutional and statutory 
provisions limited citizens' effective exercise of this right.

    Elections and Political Participation.--The 2006 presidential and 
parliamentary elections, the first multiparty general elections since 
President Museveni came to power in 1986, generally reflected the will 
of the people, although serious irregularities occurred. The police 
recorded 450 cases of violence during the electoral period. More than 
100 election challenges were filed in the High Court and the 
Constitutional Court following the 2006 elections, including charges of 
bribery, intimidation, incidents of violence, multiple voting, and 
ballot stuffing. The High Court nullified the results of 18 elections. 
A total of 11 election appeals were pending before the Constitutional 
Court and nine at the Supreme Court at year's end. Five by-elections 
were held during the year to fill the seats declared vacant by the High 
Court in 2007; election monitors reported numerous irregularities.
    The ruling NRM party operated without restriction, regularly 
holding rallies and conducting political activities. Approximately 33 
other parties were registered and allowed to function, although members 
of some parties were subject to political violence, and authorities 
sometimes restricted opposition parties' ability to meet or 
demonstrate. Political involvement was primarily concentrated within 
the elite. Membership in the NRM conferred greater access to government 
positions and resources.
    There were no developments in the January 2007 case in which the 
Masaka District Court charged DP President John Sebaana Kizito and MPs 
Erias Lukwago and Issa Kikungwe with falsifying documents that 
implicated the Government in the 1987 murder of Andrew Kayiira, a 
former energy minister and leader of the defunct Uganda Freedom 
Movement.
    There were 102 women in the 333-member parliament. Of these, 80 
held seats designated for women. There were 14 female ministers in the 
president's 66-member cabinet. The deputy speaker, the deputy chief 
justice of the Supreme Court, and the IGG were all women.
    The law requires elections through electoral colleges for the seats 
reserved for special interest groups in parliament: 80 seats were 
reserved for women; five for organized labor; five for persons with 
disabilities; five for youth; and 10 for the army, selected by the UPDF 
High Command and President Museveni.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government investigated 
offenders, but officials engaged in corrupt practices with impunity, 
and corruption was a serious problem. The Government selectively 
enforced financial disclosure laws. Government agencies responsible for 
combating corruption include the IGG, parliamentary accounting 
committees, the police Criminal Investigation Department (CID), the 
Office of the Auditor General, and the Directorate for Ethics and 
Integrity. Political will to combat corruption at the highest levels of 
government remained weak, and corruption cases remained pending for 
years.
    On November 19, the IGG released the results of the third National 
Integrity Survey, which characterized corruption as so rampant that it 
was commonly viewed as a minor offence or none at all. New forms of 
corruption included syndicated efforts by groups of employees and 
others to defraud the Government. Among those rated the most corrupt 
entities were the Kampala City Council, the electric company, and the 
police.
    In August press reports exposed influence peddling, conflict of 
interest, and fraud in a land deal involving Minister of Security Amama 
Mbabazi and Finance Minister Ezra Suruma. The two ministers used their 
influence to pressure the National Social Security Fund (NSSF) to buy 
land and deposit the funds into a bank in which they both owned 
significant shares. The Parliamentary Committee on Commissions, 
Statutory Authorities, and State Enterprises held public hearings and 
recommended that the two ministers resign, repay the money, and that a 
new NSSF board be constituted. When the report reached the floor of 
parliament for debate, the attorney general said parliament had no 
right to enforce the leadership code. On December 4, President Museveni 
ordered the investigation of top NSSF managers David Chandi Jamwa and 
his deputy Mondo Kangoyera and an audit of NSSF transactions during 
their tenure.
    During the year the CID charged several individuals in connection 
with the investigation of stolen money from the global fund to fight 
AIDS, tuberculosis, and malaria. On October 22, police in Kampala 
arrested Teddy Cheeye, director of economic affairs in the President's 
Office, over the mismanagement of 120 million shillings ($63,993) of 
global fund money for HIV/AIDS vaccines. A court in Kampala found 
Cheeye guilty on eight counts of forgery, nine of making false entry, 
eight of uttering a false document, and one of embezzlement. Cheeye, 
who pled guilty to all counts, was remanded to Luzira Prison, and his 
case remained pending at year's end. On October 22, the same court 
convicted Fred Kavuma, the former production manager of Uganda 
Television, on 14 counts of misuse of global fund money and sent him to 
prison; his case remained pending at year's end.
    The Parliamentary Committee on Public Accounts (PAC) continued to 
examine the June 2007 auditor general's report, which revealed that the 
Government lost a significant portion of its 2005-06 budget to loans 
not recorded, irregular procurements, payments to nonexistent public 
service staff, and other irregular transactions. A report of the 
findings of the committee was pending at year's end.
    The Parliamentary Committee for Legal and Parliamentary Affairs 
continued to investigate the IGG's interventions in public tendering 
processes and allegations that her salary was higher than that to which 
she was entitled. The IGG had not appeared before the committee at 
year's end.
    PAC findings in the November 2007 case involving Martin Odwedo, the 
permanent secretary of the prime minister's Office, and three others 
for failure to account for 1.3 billion shillings ($776,000) had not 
been released at year's end.
    In June the court exonerated deputy passport officer Chris Ongyero 
of 2006 charges of abuse of office and irregular conduct; Ongyero was 
reinstated to his former office.
    On November 17, the Magistrates' Court in Kampala acquitted Uganda 
Muslim Supreme Council Mufti Sheikh Shaban Ramadhan Mubajje, his 
deputy, Sheikh Twaib Mukuye, and businessman Hassan Basajjabalaba of 
mismanaging council affairs in October 2006.
    In September the National Council of Sports reported that staff 
members Nicholas Muramagi and Timothy Magala had refunded 14 million 
shillings ($8,490) in connection with 2006 charges of fraud, forgery, 
and false accountability.
    The 2006 case against Zoe Bakoko, the former minister of gender, 
labor and social affairs; former NSSF board chairman Geoffrey Onegi 
Obel; former NSSF director Leonard Mpuuma; and James Isabirye remained 
pending at year's end; all were charged with causing financial loss of 
more than eight billion shillings ($4.5 million) and abuse of office. 
Onegi Obel, Mpuuma, and Isabirye remained on bail, and the arrest 
warrant for Bakoko, who reportedly fled the country, remained 
outstanding at year's end.
    The law provides for public access to government information, and 
the Government provided such access in practice to citizens and 
noncitizens, including foreign media.
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 receptive to their views. Active, independent domestic 
groups included FHRI, Human Rights Focus, Human Rights Network, Human 
Rights and Peace Center of Makerere University, the International 
Federation of Human Rights, the Justice and Peace Commission, the 
Uganda Journalist Safety Committee, the Uganda Prisoner's Aid 
Foundation, and the Uganda Association of Women Lawyers. Government 
officials continued to attend conferences and seminars hosted by NGOs 
on social problems and cooperated with NGOs on legal and prison 
reforms.
    On January 15, in response to NGO criticism and after consultation 
with civil society, the Government established a committee to review 
the 2006 NGO Registration Act, which requires most NGOs, including 
religious organizations, to renew their registration permits annually. 
Committee discussions were ongoing at year's end, and enforcement of 
the law was temporarily suspended.
    The Government cooperated with international governmental 
organizations and permitted visits by UN representatives and 
organizations such as the ICRC.
    The UHRC is a permanent independent body with quasi judicial 
powers, although the president appoints the UHRC's eight-member board. 
Under the law, the UHRC may subpoena information, order the release of 
detainees, and order the payment of compensation for abuses. The UHRC 
continued to pursue suspected human rights abusers, including in the 
military and security, and had branches countrywide; however, the UHRC 
did not have adequate resources to investigate all complaints it 
received.
    The Government continued bilateral discussions with the DRC on 
reparations that the International Court of Justice ordered it to pay 
to the DRC in 2005.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status; however, the Government did not enforce the 
law in matters of locally or culturally prevalent discrimination 
against women, children, persons with disabilities, or certain ethnic 
groups.

    Women.--The law criminalizes rape; however, the Government did not 
consistently enforce the law. Although the Government arrested, 
prosecuted, and convicted persons for rape during the year, the problem 
was underreported, and most cases were not investigated. Of the 477 
rapes that police recorded, 115 were taken to court; there were no 
convictions.
    Domestic violence against women, including spousal abuse, remained 
common, and reports of such incidents continued to increase. The law 
prohibits assault and battery with penalties of one to five years in 
prison depending on the seriousness of the assault; however, there are 
no laws that specifically protect women from spousal abuse. Many law 
enforcement officials viewed wife-beating as a husband's prerogative, 
as did the majority of the population, and rarely intervened in cases 
of domestic violence. According to a September 2007 report on the 
status of women by Akina Mama Wa Afrika, a local women's organization, 
70 percent of women had been physically or sexually abused, and 60 
percent of women had experienced physical violence by a husband or 
partner.
    The law requires that bride prices be nonrefundable gifts to the 
parents of the bride. The constitutional amendments approved by 
parliament in 2007 did not include a provision to abolish bride prices, 
despite 2003 recommendations to do so from civil society groups.
    Prostitution is illegal but common. In April the Uganda AIDS 
Commission reported an increase in prostitution in some communities in 
the north and noted that teachers were taking up prostitution to 
supplement their salaries.
    Sexual harassment was a common problem; although it was prohibited 
by law with penalties up to 14 years' imprisonment, the Government did 
not enforce the law effectively.
    In May Makerere University set up committees to investigate 
complaints by female students that male lecturers coerced them into 
sexual acts for good grades.
    A team from the Ministry of Health was deployed to Nakaseke to 
investigate allegations of sexual harassment that 30 nurses filed in 
October 2007 against a senior staff member in Nakaseke Hospital; no 
report had been issued by year's end.
    Discrimination against women continued to be widespread, especially 
in rural areas where it was part of traditional culture. Many customary 
laws discriminate against women in the areas of adoption, marriage, 
divorce, and inheritance. Under local customary law in many areas, 
women cannot own or inherit property or retain custody of their 
children. Traditional divorce law in many areas requires women to meet 
stricter evidentiary standards than men to prove adultery. Polygamy is 
legal under both customary and Islamic law, and, in some ethnic groups, 
men can ``inherit'' the widows of their deceased brothers. Women also 
experienced economic discrimination. For example, they did most of the 
agricultural work but owned only 7 percent of the agricultural land. 
Women experienced economic discrimination in access to employment, 
credit, pay, and in owning or managing businesses.
    Eliminating gender inequality remained a high priority for the 
Government, which, in conjunction with NGOs and women's rights groups, 
sponsored workshops and training throughout the country to increase 
awareness of women's rights.

    Children.--The Government was committed to improving children's 
welfare, and education received the largest percentage of the national 
budget. However, the Government did not effectively enforce laws 
protecting children, due in part to cultural norms.
    According to Save the Children Uganda, only 4 percent of births 
were registered; however, this generally did not result in denial of 
public services.
    On August 29, parliament passed a law that provides for free and 
compulsory education for the first seven years of primary school or 
through high school for underprivileged students. Students, except for 
the underprivileged, still had to pay for school supplies and some 
school costs, and many parents could not afford the school fees.
    Several districts, including Tororo and Amuru, passed by-laws to 
punish parents who did not send their children to school. On July 25, 
police in Mbarara District arrested one hundred parents for failure to 
take children to school and charged them with child neglect and abuse 
of children's rights. Boys also were more likely to finish primary 
school. The highest level of education achieved by most children was 
the fourth year of primary school.
    Child abuse remained a serious problem, particularly rape and other 
sexual abuse of girls, although reported incidents of corporal 
punishment in schools continued to decrease since the August 2006 ban 
on the practice. In September local NGO Concern for Children and Women 
Empowerment (COFCAWE) reported that 60 percent of children were abused. 
Sexual contact outside of marriage with girls under 18 years of age, 
regardless of consent or the age of the perpetrator, was called 
``defilement'' under the law and carried a maximum sentence of death; 
however such cases often were settled by a payment to the girl's 
parents.
    Perpetrators of sexual abuse often were family members, neighbors, 
or teachers. In an effort to clear the backlog of cases, the Government 
in May 2007 amended the 2006 Magistrate's Courts Bill, giving chief 
magistrates the authority to hear rape cases of girls between the ages 
of 14 and 17; the High Court continued to try cases involving rape of 
girls under 14 years. On June 30, the Uganda Media Women's Association 
launched a code of conduct on reporting cases of child sexual abuse and 
exploitation.
    On September 25, the High Court in Rukungiri District sentenced 
primary school teacher Fudera Ntegyereize to 12 years in prison for 
defiling a seven-year-old pupil in October 2005.
    The following 2007 defilement cases remained pending: the March 
case of Bright Academy Primary School teacher Abdul Kyeyune, who 
allegedly defiled a student in Masaka District; and the July case of 
Good Hope Primary School teacher David Wildong, who allegedly defiled a 
student in Kibaale District.
    There was no national law against FGM, which was practiced by the 
Sabiny ethnic group in rural Kapchorwa District and the Pokot ethnic 
group along the northeastern border with Kenya; however, in 2006 the 
subcounties of Kapchorwa and Bukwo districts passed by-laws to make FGM 
illegal. On October 10, Kapchorwa District passed another by-law that 
provides for the arrest and prosecution of FGM practitioners and 
collaborators. 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. In June the UN Population Fund, with the 
cooperation of local charity Reproductive Education and Community 
Health and the Uganda Muslim Supreme Council, organized a seminar in 
Kapchorwa District to educate youth and female leaders on the dangers 
of FGM.
    Marriage of young girls by parental arrangement was common, 
particularly in rural areas, although the legal age for marriage is 18. 
COFCAWE reported that acute poverty forced some parents to give away 
their children, including girls as young as 14 years, into early 
marriage and sexual arrangements.
    There were increased reports of the ritual sacrifice of children 
during the year.
    For example, on December 4, in Masaka District, the Magistrates' 
Court charged businessman Godfrey Kato Kajuba with the October 26 
ritual murder of 12-year-old Joseph Kasirye. Kajuba was remanded to 
prison. On October 27, police also arrested Moses Musisi, Umar 
Kateragga, and Mariam Nabukeera after they confessed that they had 
killed Kasirye on Kajubi's orders. The case was pending at year's end.
    The August 2007 case of family members Laston Muyaga, Jane Magezi, 
Elizabeth Kantono, and Aidah Kasubo, who reportedly sacrificed a two-
year-old female relative, was pending at year's end.
    In May the Ministry of Gender, Labor and Social Affairs reported 
that child prostitution had increased with an estimated 7,000 to 12,000 
juveniles engaged in commercial sex activities. The most vulnerable 
children were girls, child heads of families, and child street hawkers.
    Unlike in the previous year, there were no reports of underage 
recruitment by the UPDF.
    There were no reports during the year that the LRA abducted and 
conscripted children within the country. On July 31, Save the Children 
Uganda Deputy Country Director John Reinstein demanded the immediate 
and unconditional release of children in LRA captivity; the LRA 
abducted and conscripted approximately 40,000 children in previous 
years for use as laborers, soldiers, guards, and sex slaves, and more 
than 5,000 were reportedly still missing.
    There were numerous reports of LRA abductions of children in the 
DRC, CAR, and Sudan during the year.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, the law does prohibit trafficking-
related offenses. Trafficking in persons was a problem, and there were 
reports that men, women, and children were trafficked to, from, and 
within the country.
    Trafficking in persons primarily occurred internally for labor, 
commercial sexual exploitation, and criminal activities, but 
trafficking of Asian and Chinese laborers to the country also occurred. 
There were reports that children were trafficked for labor to Pakistan, 
Egypt, Turkey, the United Arab Emirates, Saudi Arabia, and Iraq.
    The media reported on September 6 that four Ugandan girls-
Catherine, Patricia, Grace, and Faith Namisango-were stranded in Iraq 
after their employers confiscated their passports. The girls were 
reportedly taken to Iraq by a businessman only identified as Gordon, 
whom they met in Muyenga. The agent had promised to get them employment 
for a monthly pay of $400. When they arrived, however, they were taken 
to work for Arab families as house helpers for $200 a month. Security 
agencies were investigating the case.
    On December 18, the Government of Yemen and an international 
organization repatriated Ugandan citizen Sara Aisha Abdulkhim, also 
known as Florence Kampi; Abdulkhim had been kidnapped from Uganda in 
1982 and taken to Yemen as a child slave.
    Immigration and police officials highlighted a new trend in 
trafficking involving the use of legal means to take children out of 
the country for illicit purposes. NGOs reportedly locate children and 
convince their families that the children will receive an education or 
better life. An expatriate then enters the country on a tourist visa 
and gets a guardianship order through the courts, usually with the 
permission of the family. The magistrates, at the insistence of the 
guardian, require the passport office to issue the child a passport. In 
one case involving two young boys taken to South Africa, immigration 
officials learned that one boy had died after his kidneys were 
harvested for a transplant. Immigration officials formed a task force 
to examine the trend and make recommendations to the ministries of 
internal affairs and justice.
    Victims of internal trafficking were subjected to hazardous working 
conditions, and commercial sex victims were subjected to physical abuse 
and the risk of contracting sexually transmitted diseases. Victims of 
commercial sex trafficking in urban centers often came from small rural 
villages. According to NGOs, women and girls often willingly placed 
themselves in the hands of intermediaries offering false promises to 
seek employment in other areas of the country, only to find themselves 
in situations of commercial sexual or labor exploitation. NGOs also 
found evidence of a well-connected network of traffickers who 
facilitated the movements of victims to prospective buyers, negotiated 
their salaries in advance, and received a percentage of their monthly 
wages. One study found that women and girls could be purchased for 
approximately 5,000 to 30,000 shillings ($3 to $18) and used as 
domestic workers. In the case of child trafficking for labor and 
commercial sexual exploitation, intermediaries such as pimps, 
employment bureaus, churches, transporters, NGOs, fishermen, and peers 
lure children and facilitate their travel with accommodations and 
travel documents.
    The penal code specifies penalties for several trafficking-related 
offenses; for example, the maximum penalty for the procurement of women 
for purposes of prostitution or detention with sexual intent is seven 
years' imprisonment, and the maximum penalty for trading in slaves is 
10 years' imprisonment. Ministry of Gender, Labor, and Social 
Development (MGLSD) is the lead agency on child trafficking issues, the 
national police force are responsible for investigating trafficking-
related crimes, and the Justice Ministry and the Directorate of Public 
Prosecutions prosecute cases.
    The Government arrested suspected traffickers during the year and 
assisted with international trafficking investigations or extradited 
citizens accused of trafficking in other countries.
    On January 9, police in Mbarara arrested Burundi national Noel 
Gasamunyiga on suspicion of trafficking 12 persons, including three 
girls; the victims reportedly were being trafficked to the USA, Canada, 
Belgium, and France. On January 15, a court in Mbarara charged 
Gasamunyiga with illegal entry into the country and sentenced him to 
several months' imprisonment, after which he was to be deported. The 
police handed over the 12 victims to the UNHCR.
    In September the International Labour Organization (ILO) reported 
that 124 children were trafficked in 2007, most for sex slavery, child 
labor, and labor exploitation.
    The Government's prosecution of child defilement cases included an 
undetermined number of cases involving trafficked children.
    There were no reports of developments in the June 2007 case in 
which Nickson Owiny was arrested for kidnapping with intent to enslave 
or the July 2007 case of child trafficker Susan Amekebe, who was 
charged with inducing a person to give himself or herself as a slave.
    The Government and NGOs worked together to identify and provide 
assistance to persons at risk for trafficking. However, the Government 
deported victims of foreign origin, unless the minister of internal 
affairs granted an extended stay to aid in prosecution of the case. The 
UPDF has child protection units in all districts and, along with 
government agencies, continued to work with NGOs to reintegrate 
thousands of former LRA abductees into society.
    The national police maintained a Child and Family Protection Unit 
to train local police on women and children's rights, including 
identification of trafficking victims and prevention of trafficking. 
The police also allowed an NGO to place its social workers in police 
stations to assist children and other trafficking victims. 
Parliamentary committee hearings on comprehensive antitrafficking 
legislation occurred during the year.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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; however, the 
Government did not enforce the law effectively. Persons with 
disabilities also faced societal discrimination and limited job and 
educational opportunities. There was no statutory requirement that 
buildings be accessible to persons with disabilities; however, the law 
requires that children with disabilities be given necessary special 
facilities.
    During the year the UHRC received complaints of discrimination in 
employment and access to transport, mobile telephone, and other public 
services from persons with disabilities. On February 20, MP Alex Ndeezi 
reported to the parliamentary Committee on Equal Opportunities that 40 
persons with hearing impairment were in prison without trial due to 
inability to communicate. Ndeezi added that the lack of communication 
skills also denied such persons access to health services and 
education.
    The Government supported the right of persons with disabilities to 
vote and participate in civic affairs; five seats in parliament were 
reserved for representatives of persons with disabilities. Government 
agencies responsible for protecting the rights of persons with 
disabilities included the Ministry of State for Disabled Persons and 
MGLSA, but both lacked sufficient funding to undertake or support any 
significant initiatives. The parliamentary Equal Opportunities 
Committee seeks to ensure compliance with all laws that protect persons 
with disabilities.

    Other Societal Abuses and Discrimination.--Homosexuals faced 
discrimination and legal restrictions. It is illegal for homosexuals to 
engage in sexual acts, based on a legal provision that criminalizes 
``carnal acts against the order of nature'' with a penalty of life 
imprisonment, although no homosexual has been charged under the law. 
Public resentment of homosexuality sparked significant public debate 
during the year. The Government took a strong position against the 
practice. The local NGO SMUG protested alleged police harassment of 
several members for their vocal stand against sexual discrimination.
    On June 4, police arrested SMUG activists Pepe Julian Onziema, 
Valentine Kalende, and Usaam Mukwaya for trespassing. The activists, 
who did not have the required conference credentials, bypassed security 
at the HIV/AIDS Implementers' Conference in Kampala to protest the 
Government's lack of funding to combat HIV/AIDS in the homosexual 
community. On June 6, the three were charged with criminal trespass and 
released on bail. On August 15, the Government dropped the case.
    On July 25, police in Kampala arrested SMUG activist Usaam Mukwaya 
without charge and released him the following day. On September 24, 
Mukwaya filed a complaint with the UHRC, alleging that he was tortured 
and humiliated during his detention in a safe house and that the arrest 
was arbitrary. The case, which received international attention, was 
pending before the UHRC tribunal at year's end.
    On September 10, security forces arrested SMUG members George Oundo 
and Brenda Kiiza from Nansana, a Kampala suburb. On September 18, the 
suspects were charged with indecent practices and released on police 
bond.
    On December 22, a High Court judge ruled that the Government in 
2006 had violated the privacy rights of SMUG chair Juliet Mukasa, who 
claimed that local government officials illegally searched her home in 
2005. The High Court directed the Government to pay 3 million shillings 
($1,500) to compensate Mukasa for violation of privacy and 10 million 
shillings ($5,000) to her partner Yvonne Oyoo for humiliation, injury, 
and trauma. The court also ordered the state to pay for their court 
costs.
    International and local NGOs, in cooperation with the Government, 
sponsored public awareness campaigns that aimed to eliminate the stigma 
of HIV/AIDS. In April the ILO reported in its publication ``Saving 
Lives, Protecting Jobs'' that workers in the country were becoming more 
supportive of their HIV-positive colleagues. However, a July meeting of 
HIV/AIDS-positive teachers, officials from the Ministry of Education 
and Sports, and the National Teachers Union concluded that HIV positive 
teachers suffered stigma and discrimination inside and outside of 
school settings; the meeting was sponsored by UNESCO, the World Health 
Organization, and other organizations.
    Counselors encouraged patients to be tested with their partners and 
family so that they all received information about living with HIV/
AIDS. Persons living with HIV/AIDS formed support groups to promote 
awareness in their communities.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form 
unions, but all unions must be registered either under the National 
Organization of Trade Unions or the Confederation of Trade Unions. 
Except for ``essential'' government employees, including police, army, 
and management-level officials, workers exercised the right of 
association. The law allows unions to conduct their activities without 
interference. Union officials estimated that over 855,000 workers were 
unionized, representing approximately 8 percent of workers.
    The law provides for the right to strike, and workers exercised 
this right; however, government policy required labor and management to 
make ``every effort to reconcile labor disputes before resorting to 
strike action.'' The Government did not always protect the right to 
strike, and police forcibly arrested persons engaged in organizing 
strikes.
    On August 24, police in Jinja arrested and later released 70 Kakira 
sugar cane cutters during a strike to protest low pay and poor working 
conditions.
    Four workers from Kakonde Tea Estate, who were arrested in June 
2007 for organizing a strike, remained missing at year's end.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining; however, the Government did not 
protect this right in practice. Some employers ignored the legal 
requirement to enter into collective bargaining agreements with 
registered unions, and no public service unions, including medical 
staff and teachers, were allowed to negotiate their salaries and 
employment terms. The Government fixed the terms and conditions for all 
civil service workers.
    The law criminalizes any effort by an employer to obstruct the 
right of association; however, the Government generally did not enforce 
this provision.
    There were reports that the Government took no action and did not 
investigate reports that employers suppressed union activity in the 
printing, mineral, and informal sectors. For example, on June 4, the 
management of Kasese Cobalt, a copper mining company, fired 100 workers 
after they demanded a salary increase. The Mines Union, which 
represents the workers, reported the dismissals to the MGLSA 
Commissioner of Labor; however, the commissioner took no action, and 
the workers lost their jobs.
    On February 6, the Uganda Fisheries and Allied Workers Union 
petitioned Speaker of Parliament Edward Ssekandi over the dismissal of 
100 workers by Hwansung Ltd. for allegedly signing forms to join a 
union. There were no reports of government action at year's end.
    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, particularly in prisons. While 
the law does not expressly prohibit prison labor, it states that such 
labor becomes forced if the worker is ``hired out to or placed at the 
disposal of a private individual, company, or association.'' NGOs and 
the UHRC reported that forced labor was a problem in local prisons 
nationwide. Prison officials hired out prisoners to work on private 
farms and construction sites where the prisoners were often overworked. 
Prison officials routinely supplemented wages with cash crops grown by 
prisoners on prison grounds. 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.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits employers from hiring workers below the age of 18; 
however, statutory orders issued by the MGLSD permit the employment of 
children between the ages of 14 and 18, and 13-year-olds are allowed to 
engage in ``light work'' provided it does not interfere with education. 
Children under the age of 12 are prohibited from being employed in any 
business or workplace, and all children are prohibited from being 
employed during school hours. Nevertheless, child labor was common, 
especially in the informal sector.
    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. The problem was 
particularly acute among the large orphan population. In June the MGLSD 
estimated that approximately 2.7 million children were employed.
    In urban areas children sold small items on the street, worked in 
shops, begged for money, and were involved in the commercial sex 
industry. Children were also employed in the tea-harvesting sector, 
sugarcane fields, commercial farming of tobacco and rice, other crop 
farming, and stone quarries. The MGLSD reported new incidents of the 
worst forms of child labor, including children involved in illicit 
activities such as cross-border smuggling. Government officials noted 
that child exploitation in the informal sector was of particular 
concern and was difficult to investigate. Children were known to be 
working as subsistence farmers, domestic servants, and prostitutes.
    The ILO and the Federation of Uganda Employers sponsored a January 
survey on child labor in the fisheries and tobacco industries that 
found that most of the 291 children sampled worked long hours and that 
71 percent were involved in hazardous work. Of the children involved 
with fisheries, 31 percent worked at night, and all were subjected to 
waterborne diseases, chest pains, fatigue, a high risk of contracting 
HIV/AIDS, and injuries. Children on tobacco farms worked long days, 
dropped out of school during peak periods of tobacco production, and 
were exposed to dangerous chemicals, smoke, and dust.
    Institutions responsible for enforcing child labor laws and 
policies include the National Council of Children, the police force's 
Child and Family Protection Unit, the Industrial Court, and the MGLSD; 
however, financial constraints limited efforts. The MGLSD continued to 
offer social services to children working in the worst forms of child 
labor and other target groups, and it conducted training for staff, 
local leaders, and district labor inspectors. Sixty MGLSD district 
labor officers reported on child labor issues at the local level. The 
Government coordinated its efforts to stop child labor through the 
National Steering Committee on Child Labor, which included 
representatives of the MGLSD, 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 
academics. However, due to lack of funds and logistic support, district 
labor officials have not conducted child labor inspections since 2004.
    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. The 
Government also cooperated with the ILO, foreign governments, and NGOs 
on several initiatives to combat child labor, including the education 
and reintegration of children into their communities. Several human 
rights NGOs continued programs to remove children from hazardous work 
situations.

    e. Acceptable Conditions of Work.--The minimum legal wage was 6,000 
shillings ($3.60) per month, a rate set in 1984 that did not provide a 
decent standard of living for a worker and family and was not 
effectively enforced. 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 law includes provisions for district labor inspectors to 
``secure the enforcement of legal provisions relating to conditions of 
work and the protection of workers while engaged in their wor.''; 
however, no inspections were carried out during the year, due in part 
to financial constraints.
    In industries that employed workers on an hourly basis, the normal 
workweek was 40 hours. The legal maximum workweek is 48 hours; however, 
exceptions can be made with agreement of the employer and employee. The 
law provides for an employee who works in excess of 48 hours per week 
to be remunerated at the minimum rate of 1.5 times the normal hourly 
rate and two times the hourly rate on public holidays. The law also 
states that working hours may not exceed 10 hours per day or 56 hours 
per week, including overtime hours; however, an employee may work in 
excess of 10 hours a day if the average number of hours over a period 
of three weeks does not exceed 10 hours per day or 56 hours per week. 
Employees are granted a 30-minute break for every eight-hour work 
shift. For every four months of continuous employment, an employee is 
entitled to seven days of paid annual leave per calendar year. Many 
industries paid workers annual increments or bonuses as payoffs to 
avoid overtime.
    The law establishes occupational health and safety standards, and 
the MGLSD's Department of Occupational Health was responsible for 
enforcement of occupational safety regulations. In practice inspections 
were very rare, primarily due to the lack of vehicles and funding for 
inspection trips, and standards were not effectively enforced. The law 
also provides workers the right to remove themselves from situations 
that endanger their health or safety without jeopardy to their 
employment and, unlike in previous years, there were no reported cases 
of workers being dismissed for refusal to perform dangerous work. 
Strong unions in certain dangerous industries protected some such 
workers; however, the MGLSA recorded 27 deaths due to poor safety 
practices at several construction projects during the year.

                               __________

                                 ZAMBIA

    Zambia is a republic of 11.9 million citizens governed by a 
president and a unicameral national assembly. The ruling Movement for 
Multiparty Democracy (MMD) exerts considerable influence through its 
patronage and allotment of government resources. In an October 30 by-
election, former vice president Rupiah Banda was elected president; 
Banda replaced former president Levy Patrick Mwanawasa, who died on 
August 19. Civilian authorities generally maintained effective control 
of the security forces.
    The Government's human rights record remained poor, although there 
were improvements in a few areas. Human rights problems included 
unlawful killings; torture, beatings, and abuse of suspects and 
detainees by security forces; official impunity; poor and life 
threatening prison conditions; arbitrary arrests and prolonged 
detention; long trial delays; arbitrary interference with privacy; 
restrictions on freedom of speech, press, assembly, and association; 
government corruption; violence and discrimination against women; child 
abuse; trafficking in persons; discrimination against persons with 
disabilities; restrictions on labor rights; 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces committed 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; however, the Government rarely punished perpetrators. Police 
and government officials encouraged police officers to use their 
weapons when apprehending suspects, despite a 2006 government directive 
that restricted the use of firearms by police officers and a 2006 
government pledge to retrain police on the use of force. The Government 
also did not enforce a November 2007 statement by Minister of Home 
Affairs Ronnie Shikapwasha that off-duty police officers would no 
longer have access to firearms; the statement followed a series of 
civilian shootings by off-duty officers.
    In April two police officers in Mumbwa allegedly handcuffed and 
beat suspect Alfred Nyanga to death while he was in custody. Two police 
officers were arrested over the incident, and investigations were 
ongoing at year's end.
    On May 29, two police officers in Mwinilunga allegedly beat to 
death suspect Robert Chimwang'a while he was in police custody. A 
police investigation was being conducted at year's end.
    There were no developments, and none were expected, in the 
following 2007 police killings: the January shooting death of a man 
caught siphoning fuel; the February alleged rape and killing of a 
female suspect in custody; and the October shooting death of a suspect 
who refused to relinquish a fuel container to police.
    No further information was available about the 2006 police killings 
of two teenagers in Lusaka and two high school students in a Kitwe 
nightclub.
    Mob violence that targeted suspected criminals, persons accused of 
witchcraft, persons suspected of sexual impropriety, or persons with 
mental illness resulted in killings; no action was taken against 
perpetrators. In February a mob stoned a minibus driver to death 
following a dispute between the driver and a passenger over payment.
    In March residents of Misisi Township in Lusaka attacked two men 
suspected of being involved in the robbery and death of a Lusaka 
businessman. The residents stoned the suspected robbers, one of whom 
died. Police spokesperson Bonny Kapeso subsequently pled with the 
public to turn over suspects to law enforcement and avoid taking the 
law into their own hands.
    In April a mob in Luanshya attacked an office where a suspected 
thief was being held and eventually forced the suspect into the open. 
The mob then stoned the suspected thief before pouring kerosene on him 
and setting him ablaze. Police intervened to save the man from the 
crowds, but the suspect subsequently died of his injuries.
    No action was taken in 2007 cases of mob killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, police 
frequently used excessive force including torture when apprehending, 
interrogating, and detaining criminal suspects or illegal immigrants. 
In 2006 the Government's Human Rights Commission (HRC) reported that 
torture was prevalent in police stations, noting that ``police officers 
continue to rely on torture as an interrogation technique.'' The HRC 
urged the Government to draft and enact legislation that would 
criminalize torture and provide for compensation to victims; however, 
no legislation had been drafted by year's end. Authorities also 
detained, interrogated, and physically abused family members or 
associates of criminal suspects in attempts to identify or locate the 
suspects. Officers who tortured, beat, or otherwise abused suspects 
generally were not disciplined or arrested for such acts.
    In June Mongu resident Monde Naluli reported to the LRF that when 
she went to the police station for help in finding her missing child, a 
police woman slapped her and placed her in custody for three days. 
Naluli, who was seven months pregnant at the time, also reported that 
the police shaved her head and forced her to run around the prison yard 
with one of her other children, a two-year-old, on her back. The LRF 
was assisting Naluli in pursuing a case against the police for abuse of 
office and wrongful detention at year's end.
    In July 2007 Deputy Minister for Home Affairs Grace Njapau told 
parliament that the Government had put in place measures to reduce 
brutality and abuse of inmates by police, including additional training 
for police officers; however, no known action was taken on these 
initiatives during the year.
    No action was taken against guards at Mufulira State Prison who in 
2007 stripped and beat prisoners.
    According to human rights groups, police occasionally demanded sex 
from female detainees as a condition for their release. There also were 
reports that police officers raped women and young girls while they 
were in custody.
    In December 2007 a 14 year old girl filed a civil suit against the 
attorney general and police officer Sitali Ikowa, alleging that Ikowa 
impregnated her and infected her with HIV during her May through August 
2007 detention at Prospect Police Station. According to the claim filed 
before the Kabwe High Court and obtained by the LRF, Ikowa threatened 
and raped the girl on numerous occasions.
    No information was available on the police officer arrested in 
December 2007 for raping a suspect at Nkana East Police Station.
    There were several instances of mob violence reported during the 
year; however, unlike in the previous year, there were no reports of 
societal violence against accused witches.

    Prison and Detention Center Conditions.--Prison conditions were 
poor and life threatening. An inefficient judiciary delayed court 
proceedings and exacerbated overcrowding. The country's prisons, which 
were built to hold 5,500 inmates, held nearly 15,000 prisoners and 
detainees. Lusaka Central Prison, which was designed to accommodate 200 
prisoners, held more than 1,500, forcing some inmates to sleep sitting 
upright. Poor sanitation, inadequate medical facilities, meager food 
supplies, and lack of potable water resulted in serious outbreaks of 
dysentery, cholera, and tuberculosis, which were exacerbated by 
overcrowding.
    Prisoners routinely complained that authorities denied them access 
to medical care as provided for by law. Failure to remove or quarantine 
sick inmates and the lack of infirmaries at many prisons resulted in 
the spread of airborne illnesses such as tuberculosis, leading to 
prisoner reinfection and death. Drugs to combat tuberculosis were 
available but the supply was erratic. Many prisoners were malnourished 
because they received only one serving of corn meal and beans per day, 
called a ``combined meal'' because it represented breakfast, lunch, and 
dinner.
    The HIV/AIDS prevalence rate in prisons was estimated at 27 
percent. Antiretroviral treatment (ART) was available to some prisoners 
with HIV/AIDS; however, poor nutrition often rendered ART ineffective.
    Juveniles often were not held separately from adults. Incarcerated 
women who had no alternatives for child care could choose to have their 
infants and young children with them in prison until the children 
reached the age of four. Pretrial detainees were not held separately 
from convicted prisoners.
    The Government permitted prison visits by both domestic and 
international nongovernmental organizations (NGOs) and by resident 
foreign diplomats during the year. The International Committee of the 
Red Cross (ICRC), provincial human rights committees, and the LRF 
periodically inspected prison conditions during the year. In June the 
HRC visited prisons in the North Western Province and expressed concern 
with overcrowding, dilapidated infrastructure, lack of potable water, 
and deficiencies in health facilities.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not respect these prohibitions.

    Role of the Police and Security Apparatus.--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. 
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. Although the Government identified a need for 
27,000 police officers, only 15,000 had been employed by year's end.
    Lack of professionalism, investigatory skills, and discipline in 
the police force remained serious problems. Low salaries and 
substandard government housing exacerbated police corruption, as did 
poor working conditions. Police released prisoners for bribes, extorted 
money from victims, and required ``document processing fees'' or ``gas 
money'' to commence investigations.
    In an effort to address these issues, the Police Public Complaints 
Authority (PPCA) met during the year to review complaints regarding 
police conduct that were not resolved through internal police channels. 
The PPCA reported that it received 64 complaints regarding police 
misconduct from January to June; 17 were related to unlawful detention, 
16 to unprofessional conduct, 15 to police brutality, seven to police 
inaction, seven to abuse of authority, and two to death in police 
custody. In five of the 64 cases, the perpetrator was punished or a 
settlement was mediated. The range of recommended punishments included 
fines, demotion in rank, and dismissal. Many cases of abuse went 
unreported due to citizen ignorance of the PPCA and fear of 
retribution.
    Many complainants dropped their cases after involved police 
officers intervened directly with the complainant. Such interventions 
sometimes involved intimidation of complainants, but according to the 
PPCA, some cases were dropped after police officers offered 
compensation to avoid a formal PPCA investigation.

    Arrest and Detention.--The constitution and law provide that 
authorities obtain a warrant before arresting a person for some 
offenses, but other offenses have no such requirement. For example, 
police are not required to obtain a warrant when they suspect that a 
person has committed offenses including treason, sedition, defamation 
of the president, unlawful assembly, or abuse of office. In practice, 
police rarely obtained warrants before making arrests.
    According to the law, suspects being arrested must be informed of 
their rights, including the immediate right to an attorney. The law 
provides that persons arrested must appear before a magistrate within 
24 hours of their arrest; however, detainees were frequently held for 
much 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. In practice police generally did not 
respect prisoners' right to apply for bail. Indigent detainees and 
defendants rarely had the means to post bail. The Government's legal 
aid office, responsible for providing representation for indigent 
detainees and defendants in criminal or civil cases, assisted very few 
arrestees.
    Arbitrary arrest and detention remained problems. Police 
arbitrarily arrested family members of criminal suspects. Criminal 
suspects were arrested on the basis of insubstantial evidence, 
uncorroborated accusations, or as a pretext for extortion. Police 
stations frequently acted as ``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. Some officers found engaging in this 
practice reportedly were disciplined.
    In April a Kapiri Mposhi magistrate briefly detained Rachel Bwalya, 
19, and her 19 month old baby for alleged contempt of court; the 
magistrate alleged that the crying of the infant, who lived with Bwalya 
near the court, disturbed court proceedings. Bwalya was released only 
after her mother paid a fine of 250,000 kwacha ($50). Bwalya filed a 
complaint demanding compensation from the magistrate for unlawful 
detention.
    Prolonged pretrial detention was a problem, and some defendants 
awaited trial for as long as three years. Approximately one third of 
persons incarcerated in prisons had not been convicted of a crime or 
received a trial date. Broad rules of procedure give wide latitude to 
prosecutors and defense attorneys to request delays or adjournments. 
According to human rights groups, prison administrators routinely 
doctored paperwork to make it look as though prisoners had appeared 
before a magistrate when they had not, often because prison authorities 
had no fuel to transport prisoners to courts. Judicial inefficiency, 
lack of resources, and lack of trained personnel also contributed to 
prolonged pretrial detention.
    In July Ernest Banda, a suspect accused of robbery, asked the LRF 
to secure his release from detention. Banda, who has been in detention 
since 2005, last appeared in court in 2006 and allegedly has been kept 
in prison without trial because his case record at court cannot be 
found.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the judicial system was hampered 
by inefficiency, corruption, and lack of resources. Government 
officials used their offices to circumvent standard police and judicial 
procedures. However, during the year the courts at times made judgments 
and rulings critical of the Government. In several instances, the 
courts awarded damages in cases of police and security force abuse or 
unlawful arrest.
    For example, on April 7, a Kitwe High Court judge awarded Winstone 
Chembe of Solwezi 20 million kwacha ($4,800) as compensation for false 
imprisonment and ``malicious prosecution.'' Chembe was arrested in 2004 
for allegedly stealing a bicycle and was detained for 13 days at 
Solwezi Police Station before being released without charge. Although 
the bicycle was later recovered from a suspect who confessed that he 
had acted alone, Chembe was rearrested and prosecuted together with the 
confessed thief. The State later withdrew the charges for lack of 
evidence.
    Poor working conditions caused many magistrates to leave their 
jobs. There were 149 magistrates employed at the end of the year. Fully 
qualified attorneys occupied approximately 35 magistrate positions 
during the year, up from 12 in 2007; lay magistrates filled the rest. 
Unlike in the previous year, there were no judicial strikes to protest 
delayed housing allowances.
    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; customary courts heard 
most civil and petty criminal cases in rural areas.

    Trial Procedures.--Defendants are considered innocent until proven 
guilty, and trials in magistrate and local courts are public. Juries 
are not used, but trials are open to the public. Defendants have the 
right to be present and to consult with an attorney; however, many 
defendants lacked the resources to retain a lawyer. The law provides 
for free legal counsel when defendants face serious charges; however, 
public defenders were overwhelmed with cases, and many defendants did 
not have legal representation. Defendants can confront or question 
witnesses against them and present evidence and witnesses on their 
behalf. Defendants and their attorneys have access to government-held 
evidence relevant to their cases.
    Courts were congested, and there were significant delays in trials 
while the accused remained in custody. In cases in which the 
magistrate's court did not have jurisdiction, at least six 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 six months.
    Local courts employ customary (tribal) law, which varies widely 
throughout the country. Lawyers are barred from participating in 
proceedings in courts that apply customary law, and there are few 
formal rules of procedure.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, and complainants have access 
to the High Court to seek damages for human rights abuses. There were 
problems enforcing domestic court orders due to insufficient judicial 
resources.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit 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 arrested suspected criminals at their 
homes without an arrest warrant.
    The law grants the Drug Enforcement Commission and the ZSIS 
authority to wiretap telephones based on 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 May 21, after 
intervention by the LRF, Doreen Zimba of Chipata compound was released 
from prison after being detained for one year without trial. Police 
arrested Zimba in April 2007 after failing to find her son, who 
allegedly had defiled a seven year old girl in 2006.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, the Government at 
times restricted these rights. The law includes provisions that may be 
interpreted broadly to restrict these freedoms. Journalists in the 
Government owned media generally practiced self censorship.
    Individuals could criticize the Government publicly or privately 
without reprisal. The Government did not attempt to impede such 
criticism.
    The independent media were active and expressed a wide variety of 
views without restriction, although the Government often criticized 
independent media outlets for being too outspoken. A number of 
privately owned newspapers questioned government actions and policies, 
and these circulated without government interference. The international 
media operated freely.
    The Government controlled Times of Zambia and Zambia Daily Mail 
were two of the most widely circulated newspapers. The Government 
exercised considerable influence over both newspapers, including 
reviewing articles prior to publication and censuring individuals 
responsible for published articles. Opposition political parties and 
civil society groups complained that government control of the two 
newspapers limited their access to mass communication.
    On August 30, Mbita Chitala, the country's former ambassador to 
Libya, threatened journalists from the Zambia Daily Mail that they 
risked being sacked for not publishing his articles. At the time 
Chitala was soliciting press coverage of the MMD's nomination of Vice 
President Rupia Banda for the presidential by-election. Both the Press 
Association of Zambia and the Zambia Union of Journalists criticized 
Chitala's action.
    The 2007 defamation case pursued by Deputy Secretary to the Cabinet 
Robert Mataka against the Zambian Watchdog newspaper was ongoing at 
year's end, as was the 2006 defamation suit filed by Patriotic Front 
president Michael Sata against the Zambia Daily Mail.
    In addition to a government controlled radio station, there were 
numerous private radio stations. The Government detained and censured 
individuals responsible for programs deemed offensive by the 
Government.
    On September 19, popular radio station Q-FM announced that it was 
not able to air a weekly call-in show due to a governmental directive 
requiring radio stations to use special equipment to screen calls. 
Ministry of Information and Broadcasting Service Permanent Secretary 
Emmanuel Nyirenda subsequently clarified that what was sent to radio 
stations was not a directive, but rather ``timely advice'' to 
management to refrain from airing call-in programs that allowed no 
control over caller content. Observers believed the ``timely advice'' 
was connected to Q-FM's September 8 call-in program, during which 
callers repeatedly asked ruling MMD member Vernon Mwaanga why he had 
rigged past presidential elections.
    On November 12, police arrested prominent radio personality Father 
Frank Bwalya following his broadcast of a call-in show that criticized 
the fairness of the October 30 elections and the high price of mealie-
meal, the corn meal staple of the country. Callers subsequently 
encouraged listeners to participate in a November 15 rally by the 
opposition Patriotic Front. Security forces held Bwalya overnight for 
``issuing statements that cause hostility between groups, stating that 
the elections were fraudulent, and saying that President Banda was not 
legitimately elected.'' On November 27, the Government dropped the 
charges, citing unspecified security reasons.
    Unlike in previous years, there were no reports that radio 
journalists in Western Province complained of censorship and 
intimidation by the Barotse Royal Establishment, a traditional 
leadership structure headed by a King.
    The Government owned Zambia National Broadcasting Corporation was 
the principal local-content television station. Several private 
television stations, including foreign-owned media, also broadcast 
locally. Opposition political parties and civil society groups charged 
that government control of ZNBC also limited their access to mass 
communication.
    There were no developments in the investigation of Cabinet Protocol 
Officer Lovewell Jere, who in August 2007 barred local journalists from 
covering events surrounding the Southern African Development Community 
Summit.
    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 six months in prison. The media 
criticized these provisions as clear infringements of freedom of the 
press and as a means for parliamentarians to bypass the court system.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. 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.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly; 
however, the Government restricted this right. Although the law does 
not require a permit to hold a rally, it requires organizers to notify 
police seven days in advance. Police are empowered to decide when and 
where rallies are held and who may address participants. The Government 
on occasion has used the law's broad mandate to arbitrarily change the 
time and date of rallies, particularly of NGOs and opposition parties, 
and did so during the presidential by-election campaign.
    Police forcibly dispersed demonstrations during the year. In May 
police in Lusaka shot and injured two University of Zambia students who 
were demonstrating against government living allowances. During their 
protest students occupied a main city thoroughfare and threw stones at 
motorists. According to press reports, police used live bullets to 
disperse the students ``because they ran out of tear gas canisters.'' 
Then president Mwanawasa condemned the police action. No action was 
taken against police.

    Freedom of Association.--The law provides for freedom of 
association, but the Government placed some limits on this right. All 
organizations must formally apply for registration to the Registrar of 
Societies. The registration process was long and permitted considerable 
discretion on the part of the registrar. During the year there were no 
cases in which the registrar refused to register an organization, 
although it threatened to deregister organizations that had not paid 
fees or were otherwise not in compliance with the law.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. Although the constitution declared the country a Christian 
nation, the Government generally respected the right of all religious 
groups to worship freely.
    The Government required the registration of religious groups and 
approved all applications for registration from religious groups 
without discrimination.
    The High Court did not rule, and was not expected to, on the 
Universal Church of the Kingdom of God's petition to find the 
Government in contempt for violating an order staying proceedings 
against the church. The Government had sought to deregister the church 
in 2005, but in January 2006 the High Court overturned the Government's 
decision and allowed the church to continue operations.

    Societal Abuses and Discrimination.--There were approximately 80 
persons in the Jewish community and no reports of anti Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
these rights; however, the Government intermittently limited them. 
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.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law does not provide for the granting 
of refugee status or asylum in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol; however, the 
Government has established a system for providing protection to 
refugees and granted refugee status or asylum. In practice the 
Government provided some protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened; 
however, there were reports during the year that the Government denied 
protected status to several Zimbabweans seeking asylum and returned 
them to northern Zimbabwe. The Government repeatedly denied the charge. 
The Government cooperated with the UN High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in providing protection 
and assistance to internally displaced persons, refugees, returning 
refugees, asylum seekers, stateless persons, and other persons of 
concern. The Government also provided temporary protection to 
individuals who may not qualify as refugees under the 1951 UN 
convention or the 1967 protocol.
    The country hosted approximately 85,000 refugees, mainly from 
Angola and the Democratic Republic of Congo. During the year the 
Government assisted in the repatriation of approximately 10,000 
Congolese refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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.

    Elections and Political Participation.--On October 30, former vice 
president Rupiah Banda was elected president in a by-election conducted 
after the August 19 death of former president Levy Mwanawasa; the 
former president died after complications from a stroke suffered in 
June. Despite the lack of updated voter rolls and other problems, 
international observers characterized the by-election as transparent, 
orderly, and well run; however, opposition Patriotic Front candidate 
Michael Sata filed a petition with the Supreme Court to request a 
recount. The court had not ruled on the petition by year's end.
    During the year several by-elections were held after incumbent 
deaths or court nullification of election results. Reports of vote-
buying and misappropriation of government resources for unfair 
political advantage continued, and some cases were challenged in court.
    On February 21, Patriotic Front candidate Gerry Chanda was elected 
Kanyama member of parliament (MP), and on June 26, MMD candidate Reuben 
Chisanga Banda was elected as Milanzi constituency MP. Although both 
by-elections were generally free, they were marred by allegations of 
vote buying, promises of massive development, and distribution of 
clothing and food relief.
    On August 12, the Supreme Court nullified the election of 
Mwansabombwe MP Samuel Chitonge after Chitonge's opponent, Maybin 
Mubanga, alleged the physical abuse of MMD members campaigning in the 
area. Mubanga maintained that such abuse intimidated the local 
population and prevented them from choosing the candidate of their 
choice. On October 30, Chitonge won the by-election.
    There were 23 women in parliament, three serving in the cabinet, 
and three serving in the Supreme Court. The country's ethnic 
communities were well represented in political institutions.
    The National Constitutional Conference (NCC) continued to meet 
throughout the year to consider the draft constitution proposed by the 
2005 Mung'omba Constitutional Review Commission. Some civil society 
groups, including large umbrella organizations representing women's 
groups and church groups, maintained their boycott of the NCC in 
protest of what they perceived as heavy government and ruling party 
representation.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government attempted to 
implement the law; however, officials engaged in corrupt practices with 
impunity. Petty corruption in the police and other public authorities 
was particularly problematic.
    The World Bank's worldwide governance indicators reflected that 
corruption was a serious problem; however, the Government made some 
improvements in fighting corruption. The Government continued its 
collaboration with the international community to improve its capacity 
to investigate and prevent corruption. Parliamentary committees 
sustained their scrutiny of executive branch operations, and the 
Anticorruption Commission (ACC) continued its prosecution and public 
educational activities. In 2007 the ACC received 880 reports of 
corruption, 416 of which were investigated. Of those 416, there were 20 
convictions. The ACC maintained a toll-free hotline for reports of 
corrupt practices.
    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. Additionally, the Government had no clear policy for the 
disposal of confiscated assets, and the process to liquidate assets 
seized in the anticorruption campaign was not transparent. Public 
officials were not subject to financial disclosure laws, although 
presidential candidates were required to disclose financial assets when 
filing their candidacies with the Supreme Court.
    The criminal case against former president Chiluba was convened and 
adjourned several times and was ongoing at year's end; in May 2007 a 
British court found Chiluba and several others liable in a civil suit 
for misappropriating 164,000 billion kwacha ($33 million) in public 
resources. The prosecution's case against Chiluba's wife, Regina 
Chiluba, also continued at year's end.
    The trials on 2004 corruption charges of several officials and 
military commanders of the former Mwanawasa administration were ongoing 
at year's end, including those of lieutenant generals Sande Kayumba and 
Geojago Musengule; Lieutenant General Wilford Funjika was convicted of 
corruption in October 2007.
    The law does not provide for public access to government 
information; however, the Government provided information to media and 
other interested parties on an ad hoc basis. Information related to 
defense and security forces was withheld from the public.
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.
    Major local human rights NGOs included the Legal Resources 
Foundation, Justice for Widows and Orphans, Women for Change, the NGO 
Coordinating Council, Civil Society for Poverty Reduction, and the 
Southern Africa Center for Constructive Resolution of Disputes.
    Government officials sometimes denounced vocal civil society 
leaders in the media to discredit them. For example, in an apparent 
reference to the arrest of prominent radio personality Father Frank 
Bwalya, Southern Province minister Daniel Munkombwe warned in November 
that church leaders were becoming ``agents of genocide'' and should be 
arrested.
    The Government cooperated with international NGOs. During the year 
the ICRC closed its Lusaka office but made occasional visits to the 
country from its office in Harare, Zimbabwe.
    The HRC 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 continued to complain that the HRC was 
understaffed, underfinanced, and lacked sufficient authority to enforce 
its recommendations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
tribe, gender, place of origin, marital status, political opinion, 
color, disability, language, social status, or creed; however, violence 
and discrimination against women and persons with disabilities remained 
a problem.

    Women.--The law prohibits rape, and courts generally sentenced 
rapists to hard labor. In 2007 the police Victim Support Unit (VSU) 
recorded 178 cases of rape, 19 cases of attempted rape, and 135 cases 
of indecent assault; 38 defendants were convicted, 12 were acquitted, 
and 27 were withdrawn. The penal code does not specifically prohibit 
marital rape, and statutes that criminalize rape cannot be used in a 
practical sense to prosecute cases of rape in marriage.
    Domestic violence against women was a serious problem, and wife 
beating and rape were widespread. There is no specific law against 
domestic violence, and cases of domestic violence were prosecuted under 
the general assault statutes. Penalties imposed for assault ranged from 
two to 25 years' imprisonment, depending on the severity of injury and 
whether a weapon was used. The 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.
    Due to traditional and cultural inhibitions, most cases of violence 
against women and children went unreported; however, increased public 
awareness resulted in more reporting of such incidents to police and 
other authorities than in previous years. The VSU reported that victims 
often refused to cooperate and that forensic equipment needed to 
develop evidence was lacking. The Government and NGOs expressed 
continued concern about violence against women. In a 2007 Human Rights 
Watch study, women reported that fear of retribution from their 
husbands often prevented them from seeking free access to HIV 
counseling and testing, as well as to treatment.
    Prostitution is illegal, and police routinely arrested street 
prostitutes for loitering. There were no reliable statistics on the 
number of prostitutes.
    The law prohibits the sexual harassment of children, but there are 
no laws that specifically prohibit sexual harassment of adults, and 
sexual harassment in the workplace was common.
    The law entitles women to equality with men in most areas; however, 
women were severely disadvantaged in formal employment and education. 
Married women who were employed often suffered from discriminatory 
conditions of service. Women had little independent access to credit 
facilities; in most cases, they remained dependent on their husbands, 
who were required to cosign for loans. As a result, few women owned 
their own homes; however, 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 a 
deceased man's children 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 rest 
with the deceased man's family. Property grabbing by relatives 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.
    The traditional practice of ``sexual cleansing,'' in which a widow 
has sex with her late husband's relatives as part of a cleansing 
ritual, continued, although some traditional leaders have banned the 
practice. The penal code also outlaws sexual cleansing.

    Children.--Although the Government sought to improve the welfare of 
children through the ministries of labor and social security, sport, 
youth, and child development, as well as education, scarce resources 
and ineffective implementation of social programs continued to 
adversely affect children.
    Government policy provided for free basic education through grade 
seven; however, education was not compulsory, and many children did not 
attend school. Contrary to government policy, many teachers and school 
administrators required students to purchase uniforms or pay a fee 
before they would allow them to attend classes. The net enrollment rate 
for children of primary school age increased from 66 percent in 1999 to 
97 percent by 2005. The numbers of girls and boys in primary school 
were approximately equal; however, fewer girls attended secondary 
school. According to the UN Children's Fund, the sexual abuse of female 
students by their teachers discouraged many girls from attending 
classes.
    Child abuse and violence against children were problems, 
particularly defilement, which the law defines as the ``unlawful and 
carnal knowledge of a child under the age of 16.'' The police VSU 
recorded 696 defilement cases in 2007; prosecutions resulted in 160 
convictions and 26 acquittals. In September the HRC held a series of 
public hearings to draw attention to the problem of violence against 
children and to find solutions.
    Early marriage was a problem. Although a person must be at least 16 
years old to marry under statutory law, there is no minimum age under 
customary law. A few traditional leaders spoke against early marriage 
and took steps to discourage it, but the majority of traditional 
leaders condoned the practice. Courts intervened in cases of gross 
abuse.
    There are laws that criminalize child prostitution; however, the 
law was not enforced effectively, and child prostitution was 
widespread.
    There were 1.2 million children under the age of 15 who were 
orphaned, approximately 800,000 of these 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 children headed approximately 7 percent of 
households due to the death of both parents. The Government had 
programs to increase public awareness of HIV/AIDS.
    An estimated 20,000 to 30,000 children lived on the streets, often 
begging or prostituting themselves to survive. In 2007 the police and 
Ministry of Community Development and Social Services launched a Child 
Protection Unit with offices in the ministry to identify and remove 
children from the streets. In 2007, 346 street children were 
reintegrated with their families, 234 children were sent to school, and 
185 were placed in various centers. The ministry also initiated a cash 
transfer scheme in five districts to target vulnerable families who 
might otherwise send minors into the streets to beg or work. In 2007 
the transfer program benefited 7,476 households.
    The Ministry of Sport, Youth, and Child Development continued its 
efforts to rehabilitate street children by providing education and 
skills training at two converted national service camps in Kitwe and 
Chipata. After graduating from the camps, the children are placed in 
youth resource centers throughout the country, where they receive 
training in carpentry, tailoring, farming, and other trades.

    Trafficking in Persons.--On November 19, President Banda signed a 
new antitrafficking law that prohibits the transport, reception, and 
harboring of trafficking victims. To be convicted of trafficking under 
the old law, a person had to be witnessed accepting money in exchange 
for the victim. There were reports that persons were trafficked to, 
from, and within the country.
    The Government did not collect or maintain data on the extent or 
nature of trafficking in the country; however, trafficking, 
particularly in the form of child prostitution, was believed to be 
significant. Female citizens were trafficked within the country and to 
other parts of Africa and to Europe, and the country was used as a 
transit point for regional trafficking of women for prostitution. 
Traffickers fraudulently obtained Zambian travel documents for their 
victims before proceeding to other destinations.
    A June 2007 study on child trafficking in the country published by 
the International Labor Organization (ILO) concluded that trafficking 
was predominantly internal and involved family members and relatives. 
The study noted that children were often trafficked as a source of 
cheap labor and that girls were at more risk of being trafficked than 
boys. Law enforcement and immigration officers had varying levels of 
knowledge about trafficking, a problem exacerbated by extensive and 
extremely porous borders.
    Traffickers often used promises of employment to entice young girls 
and women to leave their homes and families and then forced them into 
prostitution.
    Anyone convicted of trafficking is subject to a term of 
imprisonment from 20 years to life.
    In April the Kasama High Court sentenced two men to 20 and 25 
years' imprisonment, respectively, for child trafficking. The men were 
caught attempting to sell an eight-year-old boy in 2006.
    Through its social welfare agencies, the Government provided 
counseling, shelter, and protection to victims of child prostitution or 
referred victims to NGOs that provided such services. In some cases 
victims were placed in protective custody at rehabilitation centers or 
victim support shelters operated by NGOs.
    Unless government officials were unaware that victims had been 
trafficked, victims were not detained, jailed, deported, or prosecuted 
for violations of other laws. When trafficking investigations 
substantiated allegations, the Government encouraged victims to assist 
with investigation and prosecution. The Government did not have its own 
means of protecting victims and witnesses; however, it arranged for 
protective custody and security protection through facilities operated 
by NGOs.
    The Government did not have programs that specifically targeted 
trafficking, although law enforcement officers attended training 
courses that raised awareness of the problem. A government interagency 
committee on human trafficking, chaired by the Ministry of Home 
Affairs, also met during the year to promote coordination and 
information sharing among agencies. Government agencies responsible for 
combating trafficking included the police, immigration authorities, and 
the ministries of justice, labor, and education.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination in 
general, but there is no law that specifically prohibits discrimination 
against persons with physical or mental health disabilities in 
employment, education, or access to health care. Persons with 
disabilities faced significant societal discrimination in employment 
and education. Public buildings, schools, and hospitals rarely had 
facilities to accommodate persons with disabilities. The Government did 
not legislate or otherwise mandate accessibility to public buildings 
and services for persons with disabilities. The Ministry of Community 
Development has responsibility for ensuring the rights of persons with 
disabilities.

    Other Societal Abuses and Discrimination.--The law prohibits 
``carnal knowledge of any person against the order of nature,'' but it 
does not specifically outlaw homosexuality.
    The Government actively discouraged discrimination against those 
persons with HIV/AIDS; however, there was strong societal and 
employment discrimination against such individuals. Government 
officials made announcements discouraging such discrimination but made 
little headway in changing entrenched attitudes.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
belong to trade unions of their choice without previous authorization 
or excessive requirements, and workers exercised these rights in 
practice. Police officers were not permitted to form unions and 
remained nonunionized at year's end. Approximately two-thirds of the 
country's 300,000 formal sector employees were unionized. The law 
allows unions to conduct their activities without interference, and the 
Government generally protected this right in practice. The law provides 
for the right to strike, except for those engaged in essential 
services, but requires that all other legal recourse be exhausted 
first. The last legal strike in the country occurred in 1993. Workers 
engaged in illegal strikes can be dismissed by their employers; the 
Government at times intervened for political reasons when such 
dismissals occurred. Unlike in the previous year, there were no such 
dismissals.
    The Industrial and Labor Relations Act (IRA) governs union 
activity. No organization can be registered unless it has at least 25 
members, and with some exceptions, no trade union can be registered if 
it claims to represent a class of employees already represented by 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.
    During the year the Government challenged Joyce Nonde's eligibility 
to be the president of the Federation of Free Trade Unions of Zambia on 
the grounds that she had resigned her job at the Zambia National 
Building Society to be employed full time by the Zambia Union of 
Financial Institutions and Allied Workers. The court found in Nonde's 
favor, but the Government subsequently proposed amendments to the 
Industrial and Labor Relations bill that would disqualify Nonde based 
on her lack of outside employment. The amendments bill was still under 
consideration at year's end.
    Essential services not permitted to strike include the defense 
force, judiciary, police, prison service, and the ZSIS. The law further 
defines essential services as any activity relating to the generation, 
supply, or distribution of electricity; the supply and distribution of 
water and sewerage; fire departments; and the maintenance of safe and 
sound conditions in underground working environments such as shafts and 
machinery in the mining sector.
    In 2007 the Chinese government began construction of facilities in 
an economic zone in the Copperbelt Province. During the year workers 
rioted over pay and conditions, and approximately 500 workers were 
dismissed by management. All workers were subsequently reinstated.

    b. The Right to Organize and Bargain Collectively.--The right to 
collective bargaining, without government interference, is protected in 
law and freely practiced. The law also prohibits antiunion 
discrimination and employer interference in union functions, and the 
Government enforced this right.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, a study 
released by the ILO during the year concluded 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 a traditional leader or other dignitary calls upon 
all members of a village to assist in preparing for a visit; however, 
there were no reports of such activities during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits employment of children at any commercial, agricultural, 
or domestic worksite and the engaging of a child in the worst forms of 
child labor as defined in international conventions. Nevertheless, 
child labor was a problem in subsistence agriculture, domestic service, 
and other informal sectors, where children under the age of 15 often 
were employed, and the law was not enforced. The law also prohibits 
slavery and the procurement or offering of a child for illicit 
activities.
    The minimum age for employment is 15; for hazardous work, it is 18. 
The labor commissioner effectively enforced minimum age requirements in 
the industrial sector, where there was little demand for child labor; 
however, minimum wage standards were seldom enforced in the informal 
sector, particularly in mining and agriculture. Among the worst forms 
of child labor the law includes are child prostitution, slavery in all 
its forms, military conscription, and work that is harmful to the 
safety, health, or morals of children and young persons.
    During the year children who had lost both parents to HIV/AIDS 
continued to migrate to urban areas where they lived on the streets. In 
urban areas children commonly engaged in street vending.
    Child labor was most concentrated in the areas of agriculture, 
construction, farming, transportation, prostitution, household work, 
quarries, and mines.
    The Ministry of Labor and Social Security (MLSS) is responsible for 
the implementation and enforcement of child labor laws and regulations. 
The MLSS can bring charges that provide for penalties ranging from a 
fine to imprisonment for violations. Labor inspectors may also enter 
family homesteads and agricultural fields to check for child labor 
violations.
    Because more than 85 percent of child labor in the country occurred 
in the agricultural sector, most often with the consent of families, 
the MLSS labor inspectors focused on counseling and educating families 
that engaged children in child labor and did not refer any cases for 
prosecution during the year. Labor inspectors frequently found it 
difficult to access transportation, making it difficult to conduct 
inspections in vast rural areas that were difficult to regulate. In 
cooperation with NGO partners, the Government continued its efforts to 
remove children from child labor. The children, mainly urban orphans, 
were placed in formal and transitional classes, while others were given 
vocational skills training. More than 20 District Child Labor 
Committees had been established by year's end to perform outreach and 
plan activities for vulnerable and working children. The purpose of the 
committees was to increase awareness of child labor laws and the 
harmful effects of child labor and to mobilize communities to eliminate 
the worst forms of child labor.
    The Government continued to provide awareness and training 
activities for officials charged with enforcing child labor laws; 
however, the MLSS reported that resource constraints prevented it from 
providing all required training.

    e. Acceptable Conditions of Work.--The minimum wage in the formal 
sector was 268,000 kwacha ($53) per month, based on the legal maximum 
workweek of 48 hours. The minimum wage for nonunionized workers, whose 
wages and conditions of employment were not regulated through 
collective bargaining, was determined by category of employment. 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 extended family. The 
minimum wage act did not apply to domestic servants. The MLSS is 
responsible for enforcing the minimum wage, and its inspectors received 
and resolved complaints.
    For 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 standard work week was 40 hours, and 
there were limits on excessive compulsory overtime, depending on the 
work category of work. The law requires two days of annual leave per 
month of service. The law provides for overtime pay. Employers must pay 
employees who work more than 48 hours (45 hours in some categories) in 
one week at a rate of one and a half times their hourly rate. Workers 
receive double the rate of their hourly pay for work done on a Sunday 
or public holiday. 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; staffing shortages limited enforcement effectiveness. The MLSS 
continued to conduct labor inspections during the year and ordered 
businesses to close when it found significant violations of labor laws.
    The law protects the right of workers to remove themselves from 
work situations that endangered health or safety without jeopardy to 
their continued employment, but workers did not exercise this right in 
practice. The Government acted when well known occupational health 
problems existed, such as by requiring that underground mine workers 
receive annual medical examinations.

                               __________

                                ZIMBABWE

    Zimbabwe, with a population of approximately nine million, is 
constitutionally a republic, but the Government, dominated by President 
Robert Mugabe and his Zimbabwe African National Union-Patriotic Front 
(ZANU-PF) since independence, was not freely elected and was 
authoritarian. The last four national elections-the presidential 
election in 2002, the parliamentary elections in March 2005, the 
harmonized presidential and parliamentary elections in March 2008, and 
the presidential run-off in June-were not free and fair. In the March 
29 elections two factions of the opposition Movement for Democratic 
Change (MDC) gained a parliamentary majority. Mugabe was declared the 
winner of the June 27 run-off election after opposing candidate Morgan 
Tsvangirai withdrew due to ZANU-PF-directed violence that made a free 
and fair election impossible. Negotiations subsequently took place 
between ZANU-PF and the two MDC factions aimed at agreement on a power-
sharing government. On September 15, all three parties signed a power-
sharing agreement under which Mugabe would retain the presidency and 
Tsvangirai would become prime minister-elect; however, the provisions 
of the deal had not been implemented by year's end. Although the 
constitution allows for multiple parties, ZANU-PF, through the use of 
government and paramilitary forces, intimidated and committed abuses 
against opposition parties and their supporters and obstructed their 
activities. The Joint Operation Command (JOC), a group of senior 
security and civilian authorities, maintained control of the security 
forces, and often used them to control opposition to ZANU-PF.
    The Government continued to engage in the pervasive and systematic 
abuse of human rights, which increased during the year. The ruling 
party's dominant control and manipulation of the political process 
through violence, intimidation, and corruption effectively negated the 
right of citizens to change their government. Unlawful killings and 
politically motivated abductions increased. State-sanctioned use of 
excessive force increased, and security forces tortured members of the 
opposition, student leaders, and civil society activists with impunity. 
Security forces refused to document cases of political violence 
committed by ruling party loyalists against members of the opposition. 
Prison conditions were harsh and life threatening. Security forces, who 
regularly acted with impunity, arbitrarily arrested and detained the 
opposition, members of civil society, labor leaders, journalists, 
demonstrators, and religious leaders; lengthy pretrial detention was a 
problem. Executive influence and interference in the judiciary 
continued. The Government continued to evict citizens and to demolish 
homes and informal marketplaces. The Government continued to use 
repressive laws to suppress freedoms of speech, press, assembly, 
association, academic freedom, and movement. Government corruption 
remained widespread. High-ranking government officials made numerous 
public threats of violence against demonstrators and members of the 
opposition. A nearly three-month ban on the activities of 
nongovernmental organizations (NGOs) exacerbated food insecurity and 
poverty. After the ban was lifted, security forces, war veteran groups, 
and provincial governors continued to interfere with NGO operations, 
hampering food distributions. Tens of thousands of citizens were 
displaced in the wake of election-related violence and instability, and 
the Government impeded NGOs' efforts to assist them and other 
vulnerable populations. The following human rights violations also 
continued: violence and discrimination against women; trafficking of 
women and children; discrimination against persons with disabilities, 
ethnic minorities, homosexuals, and persons living with HIV/AIDS; 
harassment and interference with labor organizations critical of 
government policies; child labor; and forced labor, including of 
children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents committed politically motivated, arbitrary, and unlawful 
killings during the year. By year's end over 193 citizens had been 
killed in political violence that targeted members of the opposition 
party. The MDC claimed that approximately 200 other members and 
supporters were missing and presumed dead at year's end. The killings 
were primarily committed by members of ZANU-PF, ZANU-PF youth militia, 
war veterans, and, to a lesser extent, members of the military and 
police. The majority of politically motivated killings occurred between 
the March 29 harmonized election and the June 27 presidential run-off 
election. NGOs also estimated security forces killed between 200 and 
300 citizens in the Chiadzwa diamond fields in Manicaland Province.
    Security forces killed opposition members during the year. For 
example, on May 14, Tonderai Ndira, MDC Secretary for Security in the 
party's Youth Assembly, was abducted from his home in a suburb of 
Harare by suspected security agents. His mutilated body was found on 
May 21.
    On May 22, MDC treasurer in Mashonaland East Shepherd Jani was 
abducted in Murehwa by four men suspected of being intelligence 
officers. Jani's mutilated body was found two days later.
    Security forces engaged in extralegal killings in connection with 
illegal diamond mining. According to the press and NGO reports, 
security forces undertook a major operation to kill illegal diamond 
miners in the Marange/Chiadzwa area of Manicaland during the year, in 
order to ensure the diamond sales benefited the Mugabe regime. On 
December 12, the NGOs Global Witness and Partnership Africa Canada 
claimed ``police reportedly shot and killed as many as 50 informal 
diamond diggers in November's raid, allegedly termed Operation No 
Return.'' According to numerous reports, military forces used a ground 
attack with dogs and guns as well as an aerial assault to kill 
indiscriminately persons digging for diamonds. The military allegedly 
intervened after learning that police in the area were benefiting from 
illegal diamond mining. Press reports from nearby Mutare, where many of 
the bodies were taken, indicated dozens of men, women, and children 
died from gunshot wounds, dog bite wounds, and torture inflicted by 
soldiers. On December 12, the NGOs called for signatories to the 
Kimberley Process to prevent Zimbabwean diamonds from entering the 
global market, noting, ``the perpetuation of human rights abuses and 
indiscriminate extrajudicial killing by governments in pursuit of 
Kimberley Process objectives is little better than the problem the 
scheme seeks to end. The Kimberley Process should act to condemn and 
prevent such violence.''
    There were killings by paramilitary forces during the year. For 
example, on April 5, ZANU-PF youths and war veterans killed Tapiwa 
Mbwanda, MDC organizing secretary for Hurungwe East. According to Human 
Rights Watch (HRW), four people were arrested in connection with the 
murder but were released without charge after a local ZANU-PF leader 
demanded their release.
    On April 25, MDC activist Tabitha Marume was shot and killed in 
Manicaland when a group of war veterans opened fire on a group of MDC 
supporters. Marume and 21 other MDC supporters had gone to a ZANU-PF-
sponsored torture camp to seek the release of 12 MDC members who had 
been abducted by war veterans on April 23. When they attempted to 
release their colleagues, several dozen war veterans and ZANU-PF 
youths, some armed with AK-47 rifles, confronted them. As the MDC 
supporters attempted to flee, three persons, including Marume, were 
shot and killed.
    There were killings by party supporters during the year. For 
example, on June 7, a mob of ZANU-PF supporters killed Dadirai Chipiro, 
the wife of Patson Chipiro, a MDC local chairman in Mhondoro, by 
cutting off her hand and both feet, dragging her body into the kitchen 
of their home, setting it on fire, and burning her alive.
    On June 16, ZANU-PF supporters attacked the home of Harare's Deputy 
Mayor and MDC Councilor for Ward 42, Emamnuel Chiroto, and took away 
his wife, Abigail. On June 18, her burned body was found on a nearby 
farm. HRW reported that police refused to take action to investigate 
the killing.
    On July 26, former police officer Kingsley Muteta died after he was 
attacked by 12 suspected ZANU-PF youths at his family home in Mudzi. 
The mob beat Muteta when he arrived at the house, intending to visit 
his mother, who the group said was a known MDC activist. Police made 
arrests in the case, but they were subsequently released.
    Despite the nearly 200 killings resulting from political violence, 
there were no prosecutions or convictions in any of the cases. The 
Zimbabwe Human Rights NGO Forum filed five civil suits in the High 
Court against perpetrators for wrongful deprivation of life; all were 
pending at year's end.
    There were no developments in previously reported killings from 
2006 or 2007.

    b. Disappearance.--There were numerous reports of politically 
motivated abductions during the year. MDC leaders reported that state 
security agents and ZANU-PF party supporters abducted and tortured 
hundreds of opposition and civil society members, as well as student 
leaders, as part of a systematic government-sponsored campaign to 
dismantle the opposition party's structures before the March 29 
election and, especially, immediately preceding the June 27 
presidential run-off. In the majority of cases, victims were abducted 
from their homes or off the streets by a group of unidentified 
assailants, driven to remote locations, interrogated and tortured for 
one or two days, and abandoned. In some cases, the abducted person was 
located in police custody days or weeks later. Between late October and 
year's end, approximately 32 people were abducted by suspected state 
security agents and held for up to two months before being brought to 
court. At year's end an estimated 14 were still missing.
    On June 23, suspected ZANU-PF members abducted lawyer Ernest Jena 
from his office in Bindura just before he was due to make a bail 
application for detained MDC members. A group of men forced Jena into a 
car marked with a ZANU-PF flag and stickers. The men drove Jena to a 
secluded place outside Bindura and repeatedly beat him on the buttocks 
and back. Jena was detained in leg irons without food and water for two 
days. On June 27, Jena's assailants returned him to his office and 
forcibly took his passport, identification documents, money, and other 
private documents.
    In late October, 13 MDC officials, who were primarily from the 
Zvimba South constituency, and a two-year-old child were abducted near 
Banket in Mashonaland West. Those abducted included Ward 25 councilor 
Emmanuel Chinanzvavana; Mashonaland West women's assembly provincial 
chairperson, defeated MP candidate, and member of the MDC National 
Council Concilia Chinanzvavana; district chairman and defeated 
senatorial candidate Fidelis Chiramba; Provincial Secretary Terry 
Musona; party youth organizer Fanwell Tembo; party activists Tawanda 
Bvumo, Larry Gaka, Gwenzi Kahiya, Agrippa Kakonda, Pieta Kaseke, and 
Lloyd Tarumbwa; and youth chairman Collen Mutemagau, along with his 
wife Violet Mupfuranhehwe and their two-year-old son Nigel Mutemagau. 
Eight of the abductees surfaced in Harare jails on December 23. Police 
continued to hold them in custody in connection with allegations of 
plotting an insurgency at year's end. While Kakonda, Kahiya, Tembo, 
Gaka, Musona, and Tarumbwa remained unaccounted for at year's end, the 
six were included in the December 24 High Court order calling on police 
to release them.
    On December 3, Jestina Mukoko, Director of the NGO Zimbabwe Peace 
Project (ZPP), was abducted from her home in Norton. Witnesses reported 
that between 15 and 20 men and one woman, several of whom were armed, 
arrived at Mukoko's house in two unmarked vehicles at 5:00 a.m., where 
approximately five of the men dragged Mukoko from her home into an 
unmarked vehicle. Her family immediately reported her abduction to 
local police. On December 8, the Chief Superintendent of Norton police 
responded to a letter from the National Association of NGOs (NANGO) by 
stating that Mukoko was not in police custody and that her case was 
being treated as a kidnapping. Despite a December 9 High Court order 
directing the police to work closely with her lawyers, search for 
Mukoko, and to report daily to the courts on their progress, police did 
not fully comply with the order. Separately, on December 8, two ZPP 
employees, Pascal Gonzo and Broderick Takawira, were abducted from the 
ZPP office in Harare by six suspected state agents in an unmarked 
vehicle.
    On December 23, 18 persons, including Mukoko, Gonzo, Takawira, 
eight persons abducted near Banket in October, and other persons 
abducted in November and December, were discovered in numerous Harare 
police stations. On December 24, some of the abductees appeared in a 
lower court. Officials from the attorney general's office refused to 
provide the defendants' lawyers with information on the intended 
charges of recruiting and conspiring to mount an armed insurgency from 
Botswana until the court hearing began.
    On the same day, the High Court issued a final order declaring 
illegal the detention of 32 abductees, including the 18 in police 
custody and the 14 others still missing, and ordered that nine persons 
claiming torture while in custody should be released to a clinic for 
examination. On December 25, the majority of the group was moved to a 
maximum security prison. On December 29, the Government appealed to the 
Supreme Court. At year's end the case was ongoing, the group remained 
in prison, and prison officials continued to deny the defendants' 
lawyers access to meet privately with their clients.
    Prison officials allowed a private doctor to examine the detainees 
at a prison hospital; however, they were not granted access to a 
private facility. Although officials claimed that the 18 detainees were 
involved in various plots to overthrow the Government, none had been 
formally charged by year's end. Due to a lack of formal charges and 
arrest warrants, and because their custody defied the December 24 court 
order, their lawyers referred to them as abductees.
    In some cases, abducted persons were killed. For example, on May 
13, Beta Chokururama, a member of the MDC National Youth Assembly, and 
two other MDC activists, Cain Nyevhe and Godfrey Kauzani, were abducted 
in Mashonaland East by men in two trucks without license plates. 
Chokururama's body was found the same day; the bodies of Nyevhe and 
Kauzani were found on May 18.
    The Government seldom investigated reported abductions.
    There were no developments in the July 2006 disappearance of an MDC 
youth organizer.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the constitution prohibits torture and other 
cruel, inhuman, or degrading treatment or punishment, security forces 
continued to engage in such practices. Security forces routinely 
committed political violence, including torture of citizens in custody, 
particularly in areas suspected of heavy support for the opposition. 
Army and police units organized, participated in, or provided 
logistical support to perpetrators of political violence and generally 
permitted their activities. Police also refused to record reports of 
politically motivated violence or destruction of property. Police used 
excessive force in apprehending and detaining criminal suspects. 
Government supporters continued to assault suspected and known 
opposition members and their families, civil society activists, and 
student leaders. Violent confrontations between various youth groups 
aligned with either the Government or the opposition continued.
    Human rights groups reported that physical and psychological 
torture perpetrated by security agents and government supporters 
increased during the year. The violence was particularly widespread 
between the March 29 harmonized elections and the June 27 presidential 
run-off when security agents and government supporters established 
torture camps across the country, particularly in the northern, 
central, and eastern provinces. The ruling party also set up numerous 
torture camps throughout the country, including Matapi base in Mbare, 
Chidodo in Uzumba Maramba Pfungwe, and Dendera in Mudzi. One NGO report 
stated that at least 6,300 victims of torture and assault received 
medical treatment during the year, nearly double the 3,463 victims 
recorded in 2007. Torture and other assault methods commonly reported 
included beating victims with sticks, whips and cables; suspension; 
burning; electric shock; and falanga (beating the soles of the feet).
    For example, on May 4, according to HRW, ZANU-PF officials and war 
veterans tortured and beat 70 villagers at a ``re-education'' meeting 
at Chaona primary school. Alex Chiseri, Fushirai Dofu, Wilson Emmanuel, 
Joseph Madzuramhende, Tapiwa Meda, and Geoffrey Jemedze died as a 
result of their injuries. According to witnesses and doctors, three of 
the men who died had severely mutilated testicles. Madzuramhende's 
genitals were tied with barbed wire, placed on a log and then beaten 
severely. Others were forced to lie on the floor while ZANU-PF youths 
beat their buttocks with sticks. Some victims required skin grafts for 
their injuries. During the beatings, victims were forced to name other 
MDC activists, who were then called forward for additional beatings.
    On June 16, according to Amnesty International's (AI) October 
report Zimbabwe: Time for Accountability, a woman who was five months 
pregnant was assaulted by ZANU-PF supporters in Gutu, Midlands 
Province, after she failed to attend a ZANU-PF meeting. An estimated 
200 persons arrived at the house where the woman and her sister rented 
a room. The mob broke windows and dragged the women from the house, 
where they were beaten on their buttocks and forced to sing ZANU-PF 
songs while the mob looted the home. The following day, a group of 
ZANU-PF youths and uniformed soldiers came to the house and ordered the 
woman to leave. The youths then beat the woman's sister and another 
teenage boy who remained in the house. Soldiers guarded the area while 
the ZANU-PF youths singing party songs stole food and soap and 
destroyed furniture.
    ZPP Director Jestina Mukoko and her colleague, Broderick Takawira, 
were abducted by suspected state agents on December 3 and 8 
respectively and then tortured in custody, according to affidavits they 
presented to the High Court. Mukoko and Takawira reported they were 
both subjected to falanga.
    Eric Matinenga, an MDC member of parliament for Buhera West and a 
prominent attorney, presented a case before the High Court on May 19, 
alleging the involvement of the Zimbabwean Defense Forces in harassing, 
assaulting, and humiliating MDC supporters. The case named the 
Commander of the Defense Forces Constantine Chiwenga, and Major Svosve 
as the organizers of the repressive activities by security personnel in 
Buhera. On May 23, Justice Bhunu issued a court order declaring the 
deployment of defense forces in Buhera for any purpose not in the 
constitution as unlawful and ordered them to withdraw. However, reports 
of army personnel in the area continued. HRW reported the details of 
this case and similar incidents from other areas of the country.
    Police repeatedly used cruel, inhuman, or degrading treatment or 
punishment against those in custody. For example, on September 17, riot 
police detained 10 student leaders from Bindura University after 
dispersing a peaceful protest. The students were held for more than 12 
hours without food and water and were assaulted in custody. Police told 
the students their mission was to ``flush out and deal with little MDC 
troublemakers,'' according to HRW.
    Police also used excessive force to disperse demonstrators. For 
example, on January 23, police fired tear gas into a crowd of several 
hundred MDC supporters as they attempted to leave a Harare court 
hearing where a magistrate ruled to allow a scheduled MDC rally to 
proceed, despite a government ban on the rally that had been imposed 
days earlier. Explaining her decision, the magistrate asked MDC 
marchers to ``withdraw peacefully and in a nonriotous manner, and 
proceed to the Glamis Stadium.'' However, before the MDC supporters 
could leave, heavily armed riot police used batons and tear gas to 
break up the crowd, resulting in numerous injuries.
    On January 25, police beat and arrested 25 members of the NGO 
Restoration of Human Rights in Zimbabwe (ROHR) as they marched in 
protest of repressive legislation and police harassment. After police 
dispersed the march, and while protesters were leaving the scene, more 
than a dozen additional police arrived and arrested four more members 
of ROHR. Riot police then went to ROHR's office, where they forcibly 
took those present outside and beat them with batons before taking them 
to the police station. The ROHR members paid fines for ``disorderly 
conduct or conduct likely to cause a breach of the peace.''
    Government supporters, including youth militia and war veterans 
trained by ZANU-PF, were also deployed to harass and intimidate members 
of the opposition, labor, student movement, and civic groups, as well 
as journalists considered critical of the Government. For example, on 
May 4, Zimbabwe Election Support Network (ZESN) observers in Mount 
Darwin East were attacked by suspected ZANU-PF supporters for allegedly 
facilitating an MDC victory in the March harmonized election. The 
attacks involved harassment, assault of the observers and their 
relatives, vandalizing and setting fire to observers' homes, and 
looting of their property, including blankets and food reserves. At 
least seven observers and two of their relatives sustained serious 
injuries in the attacks and were hospitalized.
    No action was taken in the other 2006 or 2007 cases of abuse.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life-threatening. The Government's 42 prisons were designed 
for a maximum of 17,000 prisoners. In May the Ministry of Justice, 
Legal, and Parliamentary Affairs reported that the country's prisons 
held between 22,000-24,000 prisoners; however, a local NGO reported 
that they actually held approximately 35,000 inmates. Prison guards 
beat and abused prisoners. Poor sanitary conditions and overcrowding 
persisted, which aggravated outbreaks of cholera, diarrhea, measles, 
tuberculosis, and HIV/AIDS-related illnesses. Human rights activists 
familiar with prison conditions reported constant shortages of food, 
water, electricity, clothing, and soap. According to the 2006 
Solidarity Peace Trust and Institute for Justice and Reconciliation 
report Policing the State, ``political arrestees are routinely and 
deliberately overcrowded, with 30 or more people being kept at times in 
cells intended for six,'' and those ``who have been severely beaten by 
the police and have fractures and other injuries, are routinely denied 
any access to health care or medication for varying periods of time.'' 
In June then-Deputy Attorney General Johannes Tomana acknowledged 
overcrowding and stated, ``jail is not nice. It is not meant to be 
nice.'' Tomana was appointed Attorney General in December.
    Food shortages were increasingly serious in most prisons. Some 
prisoners reported receiving only one small meal a day. According to 
the Zimbabwe Association for Crime Prevention and Rehabilitation of the 
Offender, an average of two prisoners died in custody each day. In 
December the media reported that in some prisons, guards stole food 
from prisoners.
    In May 2007 the UN Office for the Coordination of Humanitarian 
Affairs reported that a delegation of parliamentarians had visited 
prisons in 2006 and found that unsanitary conditions, including a lack 
of running water, had made diarrhea and skin diseases endemic. A 
medical orderly employed by the health department stated that more than 
100 inmates had died of pellagra at Harare Central and Chikurubi 
Maximum Security prisons since the beginning of the year. He noted that 
in Chikurubi Maximum Security prison as many as 10 deaths were recorded 
in one day.
    Most prison deaths were attributed to harsh conditions, hunger, and 
HIV/AIDS. In 2006 a local NGO estimated that 52 percent of prisoners 
were HIV-positive. In 2006 Zimbabwe Prisons Service Commissioner 
General Paradzai Zimondi described the mortality rate in prisons as a 
``cause for concern.'' In November the local press reported that some 
prisoners with hunger-related health conditions were released from 
prisons.
    Juveniles were not held separately from adults. The Prison 
Fellowship of Zimbabwe, a local Christian organization working with 
former inmates, estimated in 2006 that more than 200 children were 
living in the prison system with their detained mothers. A two-year-old 
child who was abducted with his mother from Zvimba South on October 31, 
and appeared in police custody on December 22, remained in prison with 
his mother at year's end. Due to overcrowding in police stations and 
remand prisons, pretrial detainees were often held in prisons with 
convicted prisoners until their bail hearings.
    The law provides that international human rights monitors have the 
right to visit prisons, but government procedures and requirements made 
it very difficult to do so. The Government granted local NGOs access on 
a number of occasions during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, some laws effectively 
weakened this prohibition, and security forces repeatedly arbitrarily 
arrested and detained persons.

    Role of the Police and Security Apparatus.--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 the president's office, through the JOC, controlled some 
roles and missions. The Zimbabwe National Army and Air Force, under the 
Defense Ministry, were responsible for external security; however, 
there were cases in which the Government called upon them for domestic 
operations. The Central Intelligence Organization (CIO), under the 
Ministry of State for National Security, is responsible for internal 
and external security.
    Security forces were widely used to carry out government-sponsored 
politically motivated violence. Police routinely and violently 
disrupted public gatherings and demonstrations, and tortured opposition 
and civil society activists in police custody.
    It was difficult for rank-and-file police to remain impartial due 
to continued politicization of the force's upper echelons. For example, 
in the pre-election period, police officers were reportedly forced to 
attend ZANU-PF rallies during work hours. In addition, the November HRW 
report, Our Hands Are Tied: Erosion of the Rule of Law in Zimbabwe, 
described occasions when police officers were told that they were not 
to investigate or arrest ZANU-PF supporters who might have been 
implicated in political violence.
    In the March 29 election, police and military ballot results cast 
in secret indicated overwhelming support for the MDC. However, there 
were widespread reports that police were forced to vote under their 
superiors' supervision in the June 27 run-off election, which ZANU-PF 
won overwhelmingly. In mid-March the press quoted the commander of the 
Zimbabwean Army, General Constantine Chiwenga as saying that ``the army 
will not support or salute sell-outs and agents of the West before, 
during, and after the presidential elections.'' There were reports that 
untrained or unqualified personnel were hired into the police solely 
because of their support for ZANU-PF.
    There were reports that police and army personnel suspected of 
being sympathetic to the political opposition were demoted or fired. 
Several policemen told HRW that officers were told to support ZANU-PF 
or resign, and that promotion in the police was contingent on support 
for ZANU-PF. In September policeman Masimba Dinyero was sent to the 
barracks for three weeks after he allegedly criticized Mugabe for 
continuing to cling to power while police officers starved.
    Police were poorly trained and equipped, underpaid, and corrupt. 
Severely depleted human and material resources, especially fuel, 
further reduced police effectiveness during the year. Corruption 
continued to increase in part due to low salaries and a worsening 
economy.
    Security forces were rarely held accountable for abuses. Frequent 
allegations of excessive force and torture were often dismissed by 
senior government officials who claimed that the actions were necessary 
to maintain public order. In March 2007, after security forces 
violently prevented a public gathering, Mugabe was widely quoted as 
saying that ``the police have a right to bash'' protesters who resist 
them.
    Mechanisms to investigate security force abuses remained weak. 
Court orders compelling investigations into allegations of abuse were 
routinely ignored by authorities. Government efforts to reform security 
forces were minimal, and training was rarely provided.
    Police seldom responded during incidents of vigilante violence.

    Arrest and Detention.--Arrests require court-issued warrants, and 
the law requires that police inform an arrested person of the charges 
before taking the individual into custody; however, these rights were 
not respected in practice. Although the law requires a preliminary 
hearing before a magistrate within 48 hours of an arrest (or 96 hours 
over a weekend), authorities routinely disregarded the law if a person 
did not have legal representation. Police typically made arrests which 
may have been politically motivated on Friday, which permitted legal 
detention until Monday. There were numerous reports of security forces 
arbitrarily arresting opposition and civil society activists, 
interrogating and beating them for information about their 
organizations' activities, and then releasing them the next day without 
charge.
    Although the Criminal Procedures and Evidence Act substantially 
reduces the power of magistrates to grant bail without the consent of 
the attorney general or his agents, a circular issued by the attorney 
general giving a general authority to grant bail lessened the negative 
effect of the law in practice. High Court judges at times granted bail 
independently. The act allows police to hold persons suspected of 
committing economic crimes for up to four weeks without bail.
    On June 9, Deputy Attorney General Johannes Tomana announced the 
attorney general's office would ``deny bail to all suspects arrested on 
charges of either committing or inciting political violence.'' The 
following day, Justice Minister Patrick Chinamasa proposed amnesty for 
some convicts ``in order to create space for those convicted of 
political violence.'' Zimbabwe Lawyers for Human Rights (ZLHR) 
condemned the move, saying that to ``deny bail as a matter of policy in 
cases of political violence is clearly unconstitutional.'' In some 
cases, those arrested and denied bail were kept in remand prisons for 
weeks or months, resulting in their inability to vote in the June 27 
run-off. In other cases, police continued to hold persons in jail even 
after a judge had granted bail or dropped the charges.
    Authorities often did not allow detainees prompt or regular access 
to their lawyers and often informed lawyers who attempted to visit 
their clients that detainees were ``not available,'' especially in 
cases involving opposition members and civil society activists. In 
several cases police claimed not to know where they were holding a 
detained individual, which delayed a hearing on bail release. Family 
members sometimes were denied access unless accompanied by an attorney. 
Detainees were often held incommunicado. Family members and attorneys 
often could not verify that a person had been arrested until the 
individual appeared in court.
    For example, on April 4, Zimbabwe Electoral Commission (ZEC) 
officer Dorcas Mpofu was arrested and detained by police in Mberengwa. 
ZLHR deployed a lawyer to assist her, but police denied the lawyer 
access. The ZEC officer was then charged with criminal abuse of her 
duty as a public officer. Police made her sign a statement without her 
lawyer present, and then released her. Subsequently, police took her 
back into custody and advised her lawyer to make an application for 
bail on April 8. The ZLHR lawyer attended court and was again denied 
access to the client; the case was pending at year's end.
    There were reports that victims or witnesses of crimes were 
detained or charged with the crime after reporting it to police. For 
example, in January three MDC activists were assaulted by ZANU-PF 
youths, who accused the activists of spying on them while walking near 
a ZANU-PF rally in Harare. When the MDC activists reported the incident 
to police, they were detained for a week.
    On June 18, MDC Minister of Parliament-elect (MP) Abednico Bhebhe 
and Senator-elect Robert Makhula were arrested at the police station in 
Nyaki where they were attempting to intercede on behalf of a 
constituent who had been arrested the day before. When lawyers for the 
three arrived, police denied them access to the arrestees. On June 20, 
the lawyers obtained a court order directing police to bring the three 
to court within 24 hours, but police refused to comply and threatened 
the lawyers with arrest. The arrestees were brought to court on July 1 
and released. The magistrate refused to place them on remand for trial, 
effectively removing the case from the court's list of pending cases, 
citing gross abuse and wanton disregard for the law by the police.
    The Government increasingly used arbitrary arrest and detention as 
a tool of intimidation and harassment, especially against opposition 
members and supporters, civil society activists, student activists, and 
journalists. The Zimbabwe Human Rights NGO Forum reported more than 800 
confirmed cases of unlawful arrest and detention during the year. 
According to the 2006 Solidarity Peace Trust and Institute for Justice 
and Reconciliation report Policing the State, an evaluation of 1,981 
politically-motivated arrests from 2000 to 2005 showed that 1,721 cases 
resulted in no trial, 256 cases came to trial but resulted in no 
conviction, and only four cases resulted in a conviction. This trend 
continued during the year.
    On April 25, police raided the MDC's headquarters, Harvest House, 
in downtown Harare. The MDC estimated that 250 armed police arrested 
approximately 300 persons who had fled election-related violence and 
sought refuge at the office building. Police raided the office again on 
June 23, and took approximately 30 elderly, ill, or injured persons 
into custody. When MDC MP Evelyn Masaiti attempted to visit the 
detainees in jail, police detained her as well. Authorities later moved 
an estimated 30 persons to a facility in Ruwa, outside Harare. When 
lawyers attempted to visit the detainees, police denied access, stating 
that they had not been arrested. Over subsequent weeks, the detained 
persons were slowly allowed to leave and were assisted returning to 
their homes.
    Police and other security officials detained MDC President Morgan 
Tsvangirai without charge several times during the year. On January 23, 
police executed a predawn raid on Tsvangirai's home and took him into 
custody for several hours just before he was expected to lead an MDC 
march and rally. On June 4, police stopped Tsvangirai and other MDC 
officials at a roadblock near Bulawayo as they traveled between 
political rallies. He and several other party officials were taken to a 
police station and questioned. Police detained Tsvangirai for several 
hours again on June 7.
    MP for Buhera West and prominent attorney Eric Matinenga was 
arrested on two occasions and spent a total of 23 days in police 
custody. On May 31, Matinenga was arrested in his constituency when he 
visited MDC activists detained for inciting public violence. He was 
held for four days until a magistrate dismissed the case for lack of 
evidence. Buhera police rearrested Matinenga on June 7, and once again 
charged him with inciting public violence. On June 8, the High Court 
ordered the Government to produce Matinenga in court and release him 
unless it could demonstrate why he should continue to be detained. 
However, magistrates in the area refused to hear the highly politicized 
case. On June 14, Chief Magistrate Mandeya travelled from Harare to 
hear the case and charged Matinenga for the same offenses dismissed by 
the previous magistrate on June 4, and in spite of the High Court order 
for his release on June 8. Matinenga was released on bail on June 26; 
the case was pending at year's end.
    On May 28, police arrested 14 members of the NGO Women of Zimbabwe 
Arise (WOZA) in downtown Harare as they led a march to protest 
election-related violence. Police assaulted three of the 14 during 
their arrest. All 14 faced charges of breaching the peace, and WOZA 
leader Jenni Williams faced further charges of ``causing disaffection 
among the police'' and ``publishing or communicating false statements 
prejudicial to the State.'' While 12 of the members were granted bail a 
few days later, Williams and fellow WOZA leader Magodonga Mahlangu were 
denied bail after the Government claimed they would organize violence 
before the June 27 run-off. Williams and Mahlangu were held for 37 days 
before a magistrate finally granted bail on July 3. In a hearing on 
August 28, the magistrate and the Government set October 15 as the 
trial date. On October 15, the Government was unprepared to try the 
case, and the magistrate removed it from remand, essentially removing 
it from the list of cases awaiting trial.
    On October 16, WOZA led a protest march of approximately 200 
persons in Bulawayo to call on the Government to declare a state of 
emergency and allow emergency food aid. As the protesters sat outside 
the Government office and waited for a group of elderly women to 
deliver a petition, riot police dispersed the protestors and broke one 
woman's finger. Williams and Mahlangu were arrested. On October 17, 
they were charged with disturbing the peace. Before a court hearing 
that day, the Government prosecutor told the defense lawyer that they 
would not oppose bail and agreed to the amount and conditions. On 
entering the court room, a new prosecutor appeared and argued, 
referring to the May 28 arrest, that the two should be denied bail 
because there was still an outstanding case pending. However, the 
defense argued that since the group's case had been removed from remand 
in the Magistrate's Court on October 15, the matter was no longer 
pending. The magistrate allowed the Government time to verify this and 
ordered Williams and Mahlangu to remain in custody until October 21. On 
October 22, AI described the women as ``prisoners of conscience'' and 
condemned their arrest as part of a government clampdown on human 
rights defenders. On October 27, after additional delays by the court, 
the magistrate denied the two women bail. On November 5, a High Court 
judge granted the women bail, stating that the magistrate did not have 
sufficient reason to deny them bail. On November 6, Williams and 
Mahlangu were released and reported experiencing harrowing conditions 
in prison, including food shortages. On December 2, the two were due to 
face trial for charges of disturbing the peace and separate charges of 
disturbing the peace in connection with 2004 arrests that were never 
brought to trial. However, none of the state witnesses for the 2008 
case and only one state witness for the 2004 case appeared in court. 
The magistrate postponed the trial and the case was pending at year's 
end.
    On June 12, MDC Secretary General and MP for Harare East Tendai 
Biti was arrested and charged with four counts: treason, publishing a 
document prejudicial to the state, causing disaffection within the 
police force, and insulting the president. The charges all stemmed from 
a document he allegedly authored on March 25 that purported to detail 
plans for an MDC government. The Government claimed the document 
sparked postelection violence. In court hearings on June 18 and 19, 
Biti's lawyers laid out several complaints against the Government 
concerning the manner of his arrest and treatment in jail, including 
that: he was not told the charges against him; upon his detention, he 
was interrogated without rest for 19 hours; he was not given food, 
water, or access to legal counsel for the first 48 hours of detention; 
he was detained in inhuman circumstances in a police station previously 
declared unfit for human habitation by the Supreme Court; and police 
searched his computer without a warrant and never notified his lawyers 
of his court date. After the court hearing, Biti was transferred to a 
different jail where police held him until he was granted bail on June 
26. On November 18, a court dropped charges of insulting the president 
and causing disaffection to the armed forces. Biti continued to face 
charges of treason and making statements likely to cause public 
disorder. The case was pending at year's end.
    There were no developments in the arrest cases reported in 2007 and 
2006.
    Prolonged pretrial detention remained a problem, and some detainees 
were incarcerated for several years before trial or sentencing because 
of a critical shortage of magistrates and court interpreters, poor 
bureaucratic procedures, and for political reasons. During the year 
some detainees in Harare Remand Prison went months without attending 
court for bail hearings because Zimbabwe Prison Services lacked fuel to 
provide transport. Others who had bail set but could not afford to pay 
were left to languish in detention. According to lawyers, the country's 
prisons were on record for having held pretrial detainees without 
charge for as long as nine years. In 2007 SW Radio Africa, an 
independent broadcaster, reported a backlog of 350,000 cases in the 
judicial system.

    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 Government 
routinely delayed payment of court costs or judgments awarded against 
it in civil cases.
    The law provides for a unitary court system consisting of headmen's 
courts, chiefs' courts, magistrates' courts, the High Court, and the 
Supreme Court. Victim-friendly courts, which had jurisdiction over 
children and victims of sexual abuse, had specially trained magistrates 
and prosecutors and equipment that allow victims to testify without 
being seen. Civil and customary law cases may be heard at all levels of 
the judiciary, including the Supreme Court.
    Military courts deal with courts martial and disciplinary 
proceedings only 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.
    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. In November HRW reported on 
several methods the Government used to undermine the independence of 
the judiciary, including giving farms and homes to judges. On August 1, 
the Government newspaper The Herald reported that the Reserve Bank had 
given judges luxury cars, plasma televisions, and electricity 
generators.
    Magistrates, who are part of the civil service rather than the 
judiciary, heard the vast majority of cases. Legal experts said that 
defendants in politically sensitive cases were more likely to receive a 
fair hearing in magistrates' lower courts than in higher courts, where 
justices were more likely to make political decisions. According to a 
November HRW report, most junior magistrates and magistrates in rural 
areas did not benefit from government patronage. Instead, government 
sympathizers relied on threats and intimidation to force magistrates, 
particularly rural magistrates, to rule in the Government's favor. Some 
urban-based junior magistrates had demonstrated a greater degree of 
independence and granted MDC and civil society activists bail, against 
the Government's wishes. Other judicial officers such as prosecutors 
and private attorneys also faced political pressure, including 
harassment and intimidation. For example, in May the resident 
magistrate in Gutu, Musaiona Shortgame, fled the country temporarily 
after his car was torched on April 21 by ZANU-PF party youths who 
accused him of passing inappropriate sentences against their members. 
He also received death threats.
    On June 23, youths in ZANU-PF T-shirts beat up senior magistrate 
Felix Mawadze in Bindura. His alleged crime was that he granted bail to 
MDC supporters who were charged with politically motivated violence. 
The youths tried to force him into a car, but he escaped to the nearby 
courthouse. Although police reports were filed, no arrests were made.
    On July 1, ZANU-PF members kidnapped Harare attorney Stewart 
Nyamushaya as he attempted to serve them with eviction orders. The 
tenants took Nyamushaya to the party's provincial offices where he was 
assaulted; he suffered a fractured rib, and swollen buttocks and feet. 
Three cabinet ministers intervened in the case and directed the city of 
Harare to halt the eviction and provide the tenants time to ``identify 
suitable unutilized buildings and open land where they can be 
relocated.''
    Trial Procedures.--The constitution provides for the right to a 
fair trial; however, this right frequently was compromised in practice 
due to political pressures. Defendants enjoy a presumption of innocence 
under the law; however, this was not always preserved in practice. 
Trials were held by judges without juries and were open to the public, 
except in certain security cases. Every defendant has the right to a 
lawyer of his or her choosing, but a local attorney reported that 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 may request free legal 
assistance from the Legal Resources Foundation or ZLHR.
    Attorneys sometimes were denied access to their clients, especially 
in cases involving opposition members or civil society activists. 
Defendants have the right to present witnesses and the right to 
question witnesses against them; however, these rights were not always 
observed in practice. While defendants and their attorneys sometimes 
had access to government-held evidence relevant to their cases, this 
was often not allowed in politically sensitive cases. The right to 
appeal exists in all cases, and is automatic in cases in which the 
death penalty is imposed.

    Political Prisoners and Detainees.--There were hundreds of reports 
of political detainees throughout the year, including opposition 
officials, their supporters, NGO workers, and civil society activists. 
Many were held for one or two days and released, others were held for 
weeks or months. During the year police severely beat and tortured 
numerous opposition, civil society, and student leaders while in 
detention.
    At year's end there were at least 18 political prisoners in police 
custody. All were abducted between October 31 and mid-December and were 
brought to jails in Harare on December 22 and 23 by the state security 
agents who abducted them. According to affidavits and testimony from 
victims, witnesses, and their families, they were abducted and later 
jailed because of their affiliations with the MDC or membership in a 
civil society organization. At least nine claimed they were tortured 
after their abduction. Despite court orders calling on the state to 
investigate the abductions and torture claims and to release the group, 
police refused to take action. At year's end an additional 14 persons 
abducted in the same manner remained unaccounted for, although civil 
society organizations believed they were also in state custody.

    Civil Judicial Procedures and Remedies.--There was an independent 
and impartial judiciary in civil matters; however, in practice the 
judiciary showed indications of being politically influenced or 
intimidated in cases involving high-ranking government officials, 
politically connected persons, or violations of human rights. There 
were systematic problems enforcing domestic court orders, as resources 
for the judiciary and police were severely strained.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, but 
the Government did not respect these provisions in practice. Security 
forces searched homes and offices without warrants; the Government 
pressured local chiefs and ruling party loyalists to monitor and report 
on suspected opposition supporters; and the Government forcibly 
displaced persons from their homes. The Government coerced ruling party 
supporters and punished opposition supporters by manipulating the 
distribution of food aid, agricultural inputs, and access to other 
government assistance programs.
    In 2007 the president signed into law the Interception of 
Communications Act (ICA) to provide for the interception and monitoring 
of any communication (including telephone, postal mail, e-mail, and 
Internet traffic) in the course of transmission through a 
telecommunication, postal, or other related system in the country. 
Civil liberties advocates criticized the ICA as repressive legislation 
that allows the Government to stifle freedom of speech and to target 
opposition and civil society activists.
    During the year the Chief Executive Officer (CEO) of the state-run 
Zimpapers secretly monitored subordinates' private e-mails for 
political content.
    During the election period, police routinely violated citizens' 
privacy when they forced travelers stopped at roadblocks to relinquish 
their cell phones so that the phones could be searched for political 
messages.
    In 2005 the Government embarked on Operation Murambatsvina (loosely 
translated from Shona as ``Restore Order'' or ``Get Rid of the Filt.'') 
without prior notice, during which more than 700,000 persons lost their 
homes, their means of livelihood, or both through a program of forced 
evictions. The Government's stated reason for the operation was to curb 
illegal economic activities and crime in slums and illegal settlements 
in several cities and towns, but it made no provision for the victims 
of its policy. Those who returned to rural areas often faced 
unemployment, food shortages, and other economic and social stresses. 
According to the AI report Zimbabwe: Between a Rock and a Hard Place-
Women Human Rights Defenders at Risk, the operation resulted in the 
destruction of more than 32,500 small and microbusinesses across the 
country and created a loss of livelihood for more than 97,550 persons, 
most of whom were women. An estimated 300,000 children lost access to 
education as a result of displacement. The operation disrupted access 
to medical care, particularly for HIV/AIDS patients. The Government 
reportedly prevented or interfered with UN and other humanitarian 
organizations' efforts to provide shelter and food assistance. The 
Government's actions were widely condemned by local civil society 
organizations and the international community.
    In 2005 the Government announced a new operation, Garikai (Shona 
for ``live wel.''), supposedly to provide housing plots for new homes 
and to set up new vending sites for those who lost homes or businesses; 
the program proceeded slowly.
    According to local human rights and humanitarian NGOs, sporadic 
evictions continued during the year, especially of tenants and informal 
vendors suspected of supporting the opposition. According to a 2007 
Shadow Report to the African Union's African Commission for Human and 
Peoples' Rights (ACHPR) compiled by five independent human rights 
organizations, including AI and HRW, two years after Operation 
Murambatsvina, ``many victims remain homeless or living in makeshift 
accommodation.'' The Government completed rebuilding only ``3,325 
structures after destroying more than 92,000 dwellings,'' approximately 
20 percent of which were ``allocated to police, soldiers and civil 
servants and the remainder were given mostly to people who were not 
affected by the mass evictions.'' The 2008 HRW report Neighbors in 
Need: Zimbabweans Seeking Refuge in South Africa, detailed the 
struggles of the estimated 1.5 million Zimbabweans living illegally in 
South Africa. The report noted that a significant, but unknown, portion 
of these were affected by Operation Murambatsvina.
    No action was taken against security forces involved in 2007 forced 
evictions.
    Constitutional Amendment 17, enacted in 2005, transferred title of 
all land previously acquired for resettlement purposes to the state, 
prohibited court challenges to the acquisitions, and allowed the 
Government to acquire any agricultural land for any purpose simply by 
publishing a notice of acquisition. In 2006 the Gazetted Land 
(Consequential Provisions) Act passed into law, requiring all farmers 
whose land was compulsorily acquired by the Government and who were not 
in possession of an official offer letter, permit, or lease, to cease 
to occupy, hold, or use that land within 45 days and to vacate their 
homes within 90 days. Only a small number of farmers received an offer 
letter or lease. Failure to comply is a criminal offense punishable by 
a fine and a maximum prison sentence of up to two years.
    Disruptions at farms and seizures of property increased and were 
sometimes violent. Under a government moratorium introduced in January 
2007, farmers were given temporary extensions to continue growing crops 
and to allow for a gradual ``wind down'' of operations, including 
harvesting and selling crops. The Government in almost all cases took 
no action to define the period of extension.
    In June 2007 Didymus Mutasa, minister for lands, land reform, and 
resettlement, announced that the Government was going to take action to 
seize the remaining white-owned farms for resettlement. Following the 
passage of Amendment 17 and the Gazetted Land (Consequential 
Provisions) Act, there were renewed and intensified efforts to evict 
many of the approximately 400 remaining farmers of the original 4,500 
farmers of large-scale farms in operation when land seizures began in 
2000. The announcement was followed by a sharp increase in reported 
cases where farms had been invaded, eviction notices served, arrests 
made, or farms visited in anticipation of future action during the last 
six months of the year. In July 2007 many of the remaining white 
farmers received eviction notices informing them to vacate their 
properties, most by September 2007. In October 2007 at least 15 farmers 
were summoned to court on charges of illegally occupying their farms 
past the eviction deadline. Several farmers appealed to the Supreme 
Court to declare the eviction notices unconstitutional.
    In December 2007 the Southern African Development Community (SADC) 
Tribunal in Namibia, in its first decision since its establishment in 
2000, ruled in favor of Michael Campbell, who was contesting the 
compulsory government acquisition of his farm. The tribunal was set up 
to ensure that SADC member states, including Zimbabwe, adhere to the 
SADC treaty and protocols, protect the rights of citizens, and ensure 
the rule of law. According to the protocol establishing the tribunal, a 
person can bring a case after exhausting all available remedies or when 
unable to proceed under domestic jurisdiction. Campbell brought the 
case to the tribunal after the Supreme Court in Zimbabwe failed to 
issue a judgment on the case. The tribunal issued an interim protective 
order, which prohibited the Government from evicting or allowing the 
eviction of or interference with the farm, its owners, employees, or 
property pending a decision by the tribunal on the issue of the 
legality of the contested expropriation; government representatives 
told the three-member tribunal it would abide by the decision.
    However, on January 22, the Supreme Court issued a judgment 
dismissing the Campbell case. Soon after the ruling, Minister Mutasa 
declared that the country would only be bound by its laws and decisions 
of its superior courts.
    In April the SADC tribunal ruled that more than 70 white farmers 
who had been evicted from their land could remain on their property 
pending a hearing on their joint application on May 28; their cases 
effectively joined the Campbell case that was still pending before the 
tribunal. On June 29, a group of 20 war veterans abducted and assaulted 
Michael Campbell and members of his family; they were hospitalized for 
their injuries. The perpetrators also looted the Campbell home and 
stole their car. On July 18, the tribunal reaffirmed the injunction, 
condemning the Government's recent land seizures, and turning the issue 
over to the SADC summit for further action. However, the Government 
asserted that it would move forward with prosecutions of the farmers 
who remained on the land, effectively dismissing the tribunal's 
authority.
    On November 28, the SADC tribunal ruled in favor of the 79 farmers 
in the Campbell case, finding that by barring titleholders from being 
heard in Zimbabwe's courts, the Government violated its undertaking to 
SADC to uphold the rule of law; the farmers were discriminated against 
on the basis of race; and the Government should compensate three 
dispossessed landowners by June 30, 2009. Although the tribunal ordered 
Zimbabwe not to interfere with any applicant still on his or her land 
or in possession of it when applying for relief, in December the 
Government continued prosecutions of farmers for remaining on state-
confiscated farms.
    No action was taken against security officials involved in numerous 
2007 and 2006 cases of land invasions, seizures of property, and 
attacks on farm owners and workers.
    No action was taken, nor was any anticipated, in the numerous other 
reported 2007 and 2006 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 speech and of the press, but legislation limits these 
freedoms in the ``interest of defense, public safety, public order, 
state economic interests, public morality, and public health.'' The 
Government restricted these rights in practice. Journalists and 
publishers practiced self-censorship.
    The Government continued to restrict freedom of speech, 
particularly by those making or publicizing comments critical of 
President Mugabe. Passage of the 2007 ICA increased the Government's 
ability to monitor speech and to punish those who criticized the 
Government.
    Under authority of the Official Secrets Act, Public Order, and 
Security Act (POSA), or the Criminal Law Act, the Government arrested 
individuals for criticizing President Mugabe in public.
    There were credible reports that CIO agents and informers routinely 
monitored political and other meetings. Persons deemed critical of the 
Government were frequently targeted for harassment, abduction, and 
torture.
    On March 20, ZANU-PF youth conducted a citizen's arrest on 16-year-
old girl Simanzeni Ngwabi after she allegedly made disparaging comments 
about Mugabe to other ZANU-PF youths who were putting up campaign 
posters in Bulawayo. Police detained Ngwabi for five days; she was 
charged with insulting the president and the case was pending at year's 
end.
    On May 7, police arrested media and human rights lawyer Harrison 
Nkomo on charges that he insulted the president on May 2 while 
appearing in the High Court on behalf of freelance journalist Frank 
Chikowore. Nkomo was released on May 9; the case was pending at year's 
end.
    On June 27, police arrested Lincoln Bongani Mathe, a student at 
Bulawayo Polytechnic College, after he wrote ``Mugabe, he is evil'' on 
his run-off ballot instead of voting for the candidate of his choice. 
Mathe was charged with violating the Electoral Act and insulting the 
president. He was released on bail on July 15, and the case was pending 
at year's end.
    The Government continued to restrict freedom of the press. The 
Ministry for Information and Publicity controlled the state-run media, 
including the two remaining daily newspapers, the Chronicle and the 
Herald. The news coverage in these newspapers and in the state-
controlled media as a whole generally portrayed the activities of 
government officials positively, portrayed opposition parties and other 
antigovernment groups negatively, and downplayed events or information 
that reflected adversely on the Government. High-ranking government 
officials, including President Mugabe, used the state-controlled media 
to threaten violence against suspected critics of the Government.
    There were two main independent domestic weekly newspapers, the 
Zimbabwe Independent and the Standard, and a semi-independent weekly 
paper, the Financial Gazette, all three of which continued to operate 
despite threats and pressure from the Government. Another independent 
weekly paper, The Zimbabwean, was published in South Africa for the 
Zimbabwe market. The independent newspapers continued to criticize the 
Government and ruling party; however, they also continued to exercise 
some self-censorship due to government intimidation and the continuing 
prospect of prosecution under criminal libel and security laws.
    On May 24, armed individuals bombed a truck belonging to The 
Zimbabwean newspaper that was carrying 60,000 copies of the paper. 
Government and ZANU-PF party officials had displayed open hostility 
towards the newspaper, labeling it part of what they call the ``regime 
change'' agenda. No one was charged in the attack.
    Radio remained the principal medium of public communication, 
particularly for the rural majority. The Government controlled all 
domestic radio broadcasting stations through the state-owned Zimbabwe 
Broadcasting Holdings, supervised by the Ministry for Information and 
Publicity.
    The popularity of independent short-wave and medium-wave radio 
broadcasts to the country continued to grow, despite government jamming 
of news broadcasts by radio stations based in other countries, 
including Voice of America and SW Radio Africa.
    The Government controlled the only domestically based television 
broadcasting station, the Zimbabwean Broadcasting Corporation (ZBC). 
The NGO Media Monitoring Project of Zimbabwe analyzed the distribution 
of air time on ZBC before the elections. It found that between March 1 
and March 28, ZBC devoted more than 90 percent of its news bulletins to 
positive coverage of ZANU-PF. For the March and June elections, ZBC 
provided over 200 hours of ZANU-PF coverage, and just over 16 of the 
MDC. Most of the MDC coverage was negative.
    International satellite television broadcasts were available freely 
through private firms, but were not available to most citizens due to 
their expense and the requirement for payment in foreign currency.
    Senior government officials repeatedly criticized both local and 
foreign independent media for what they deemed biased reporting meant 
to discredit the Mugabe regime and to misrepresent the country's 
political and economic conditions. Government used accreditation laws 
to prevent most major international media outlets and some local 
journalists from covering the country's combined presidential, 
parliamentary, and local government elections. The South Africa 
National Editor's Forum noted that only a handful of foreign 
correspondents were accredited to cover the elections. Five days before 
the March elections, government press secretary George Charamba told 
the pro-government weekly The Sunday Mail that the Government was 
examining 300 accreditation requests from foreign journalists to cover 
the elections. Charamba said many were blocked since ``we are aware of 
attempts to turn journalists into observers, or to smuggle in uninvited 
observers and security personnel from hostile countries under the guise 
of the media.''
    According to the Media Institute for Southern Africa, ZEC denied 
local freelance journalist Hopewell Chino'ono accreditation despite his 
being previously accredited by the Government Media Information 
Commission for the duration of the year.
    Security forces arbitrarily harassed and arrested local and foreign 
journalists who contributed to published stories critical of government 
policies or security force operations.
    On April 4, Sipho Moses Maseko and Abdulla Ismail Gaibee, two 
engineers from Globecast Satellite in South Africa, were re-arrested on 
three counts, including practicing journalism without a license, after 
their acquittal by a magistrate following previous arrests on March 27. 
Police argued that the magistrate's initial acquittal had been 
``defective.'' On April 14, the two were acquitted of all charges and 
allowed to leave Zimbabwe. Nonetheless, the Government retained their 
equipment, including a camera and satellite truck. Lawyers filed an 
application with the High Court ordering the police to release the 
equipment, but no action had been taken by year's end.
    On April 15, police arrested freelance journalist Frank Chikowore 
and confiscated his computer, voice recorder, and a camera. Chikowore 
appeared in court together with the former secretary general of the 
Zimbabwe Union of Journalists (ZUJ), Luke Tamborinyoka, and six others 
on charges of public violence. They were granted bail on May 2; there 
were no further development's by year's end.
    On April 17, individuals wearing army uniforms assaulted and robbed 
ZUJ President Matthew Takaona. No further action was taken.
    On April 18, journalist and VOA correspondent Stanley Karombo was 
assaulted by ZANU-PF supporters during Independence Day celebrations. 
After the assault, Karombo was handcuffed by police who searched his 
home before taking him to a police station. Karombo was detained for 
four days before being released without charge.
    On May 8, police arrested Davison Maruziva, editor of The Standard, 
for publishing an opinion piece in the weekly's April 20 edition 
authored by opposition leader Arthur Mutambara under the headline: ``A 
shameful betrayal of national independence.'' In the piece, Mutambara 
sharply criticized Mugabe for his handling of the general election. He 
also accused the Government of intimidation and questioned its right to 
stay in office. Maruziva and Mutambara were charged with publishing or 
communicating false statements prejudicial to the state. On May 12, 
Maruziva was released on bail. The case was pending before the Supreme 
Court at year's end.
    There were no developments in the 2007 and 2006 cases of 
harassment, abuse, and detention of journalists.
    Journalists and publishers continued to practice self-censorship as 
a result of government action and threats. There were credible reports 
that the permanent secretary minister of information, George Charamba, 
routinely reviewed state-owned media news and excised reports on the 
activities of groups opposed to or critical of the Government.
    On May 14, the Government dismissed Henry Muradzikwa, ZBC's chief 
executive, for failing to slant coverage towards ZANU-PF ahead of the 
March elections. Sources say ZBC was blamed for carrying MDC political 
advertisements. In subsequent days, Muradzikwa's replacement, Happison 
Muchechetere, reprogrammed ZBC's schedules to feature programs 
glorifying Mugabe's role in the 1970s war of liberation and demonizing 
Tsvangirai.
    On June 3, ZBC suspended seven senior journalists and news 
executives, allegedly as punishment for failing to cover Mugabe's 
government favorably. The seven were not given reasons for the 
suspensions except that they failed to act in a manner that was in 
accordance with their contracts. Following an appeal by five of the 
journalists, the court ordered ZBC to reinstate them. However, upon 
their return to work, they were served with retrenchment letters, 
effectively initiating the process to lay them off. When ZBC stopped 
paying their salaries in October, their lawyers brought the matter to 
the Labor Court. ZBC then reinstated their salaries and stopped the 
retrenchment process, after being informed it was illegal.
    The Government continued to use the Access to Information and 
Privacy Protection Act (AIPPA) to serve as the primary justification to 
control media content and licensing of journalists. The main provisions 
of the law give the Government extensive powers to control the media 
and suppress free speech by requiring the registration of journalists 
and prohibiting the ``abuse of free expression.'' AIPPA was amended in 
January, and initially observers believed the amendments would lead to 
a more open media environment. However, according to Human Rights 
Watch, ``amendments to the AIPPA in the run-up to the 2008 general 
elections have not removed the restrictive requirements on reporting.''
    On February 7, the Associated Newspapers of Zimbabwe, publishers of 
the banned papers The Daily News and The Daily News on Sunday, 
submitted a fresh application to the Minister of Communication to 
relaunch of their newspapers; the request was pending at year's end.
    On April 3, police arrested Johannesburg-based New York Times 
correspondent Barry Bearak, a foreigner, and British freelance 
journalist Steven Bevan, for practicing journalism without 
accreditation in violation of AIPPA. The same day, Canadian Broadcast 
Corporation correspondent Adrienne Arsenault was also detained briefly 
before being released. Bearak and Bevan were held in prison for 13 days 
before being released on April 16 when a magistrate ruled there were no 
legal grounds for their arrest.
    On May 5, police arrested and detained Zimbabwean national and 
Reuters photographer Howard Burditt for three days for using a 
satellite phone to send pictures during his coverage of the aftermath 
of the elections. On May 28, Burditt pled guilty to charges of 
contravening the Broadcasting Services Act (BSA), which prohibits 
unauthorized possession, establishment, and operation of signal 
transmitting stations. The Post and Telecommunications Regulatory 
Authority of Zimbabwe, which licensed Reuters to cover the elections, 
specified in the contract that journalists were not to use satellite 
phones in their broadcasting. Burditt was sentenced to pay a fine of 
Z$20 billion (approximately $30).
    The BSA, which parliament's legal committee found to be 
unconstitutional but which remains in force, gives the minister of 
information final authority to issue and revoke 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. In 2007 Obert Muganyura, chief 
executive of the Broadcasting Authority of Zimbabwe, the licensing 
authority for broadcasters, testified before the parliamentary 
Committee on Transport and Communication that the restrictive 
provisions of the act do not allow for the entry of new players into 
the broadcasting arena. Since its enactment, media and legal rights 
groups have criticized the act for limiting free speech.
    In February 2006 the Government passed the General Laws Amendment 
Act (GLAA), which amended sections of POSA to allow authorities to 
monitor and censor ``the publication of false statements that will 
engender feelings of hostility towards-or cause hatred, contempt or 
ridicule of-the president or acting president.'' The GLAA recommends a 
prison term for any journalist who ``insults the president or 
communicates falsehoods.''
    The criminal code 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, 
antidefamation laws criminalize libel of both public and private 
persons.
    POSA and the criminal code grant the Government a wide range of 
legal powers to prosecute persons for political and security crimes 
that are not clearly defined. The July 2006 enactment of the amended 
criminal code consolidated a variety of criminal offenses, including 
crimes against public order, reportedly to amend progressive portions 
of POSA. However, the Institute for Justice and Reconciliation and the 
Solidarity Peace Trust reported that almost all the offenses in POSA 
were transferred to the criminal code, in some cases with drastic 
increases in the penalties. For example, making a false statement 
prejudicial to the state now carries a maximum prison sentence of 20 
years in prison. Failure to give police the requisite advance written 
notice of a meeting or demonstration remains an offense under POSA.
    In June the Government introduced a 40 percent import tax on all 
foreign newspapers after reclassifying them as luxury goods. The tax 
forced a number of publications, including the Sunday Times, the Mail 
and Guardian, The Zimbabwean, and magazines to reduce the number of 
copies imported. For example, The Zimbabwean was forced to pay almost 
Z$7 trillion (approximately $20,000) per week in U.S. currency and 
subsequently reduced its circulation from 200,000 copies to 60,000; it 
also stopped printing a Sunday edition. The World Association of 
Newspapers and World Editors Forum formally protested the tax and 
called for its repeal.

    Internet Freedom.--There were no government restrictions on the 
Internet; however, the ICA permits the Government to monitor all 
communications in the country, including Internet transmissions. 
Internet access was available but due to a lack of infrastructure was 
not widely accessed by the public beyond commercial centers.
    In September local media reported that Justin Mutasa, CEO of 
Zimpapers, the state-run media, had put all of his editors under 
surveillance during the year. In an October Zimpapers internal 
disciplinary hearing against Bhekinkosi Ncube, editor of the Ndebele-
language newspaper Umthunywa, Mutasa suspended Ncube for insulting the 
president in emails. The Zimpapers information manager stated that he 
had accessed the editors' private emails using password cracking 
software between August 3 and 15. Ncube's lawyers questioned the 
legality of the manner in which the evidence was obtained. Ncube's 
lawyers argued that the e-mail searches were in violation of the ICA, 
as Zimpapers had accessed a private and secure email address without 
the owner's consent or a warrant. The disciplinary committee ruled in 
Ncube's favor, but Zimpapers' management prevented him from returning 
to work. Ncube was subsequently terminated.

    Academic Freedom and Cultural Events.--The Government continued to 
restrict academic freedom. The president is the chancellor of all five 
state-run universities and appoints all vice chancellors. The 
Government has oversight of all higher education policy at public 
universities. The University of Zimbabwe Amendment Act and the National 
Council for Higher Education Act restricted the independence of 
universities, subjecting them to government influence and extending the 
disciplinary powers of the university authorities over staff and 
students. The 2006 Zimbabwe Council of Higher Education Act mandated 
the establishment of a nine-member council made up of members of the 
higher education community from both public and private institutions. 
The council advises the minister of higher education and technology on 
matters pertaining to education, including funding for higher education 
and accreditation of higher education institutions. The minister, 
however, selects and appoints the council members, controls state 
universities, and appoints their chancellors and vice chancellors; the 
minister also appoints vice chancellors and other senior members of 
university administration, the deans of faculty, and most members of 
the university council. The appointed deans and heads of departments 
require faculty to submit final examinations well in advance of the end 
of term and have the right to censure exam content if they feel it is 
too controversial or threatens ``sovereignty and national interest.'' 
During the year some lecturers were asked to revise final exams, and 
department chairs rewrote exam questions before they were given to 
students.
    CIO personnel have assumed faculty and other positions and posed as 
students at the University of Zimbabwe and other public universities to 
intimidate and gather intelligence on faculty who criticize government 
policies and students who protest government actions. CIO officers 
regularly attended all lectures where noted MDC activists were 
lecturers or students. In response both faculty and students often 
practiced self-censorship in the classroom and academic work.
    According to the Students Solidarity Trust (SST), a local NGO that 
provides assistance to student activists, 188 students were arrested or 
detained and 17 students were expelled or suspended for engaging in 
student activism during the year.
    The public education system failed to provide students with 
adequate education during the year. As a result of election-related 
violence, including harassment of teachers (many of whom were accused 
of being MDC sympathizers), poor wages, and sanitation concerns, most 
schools were open irregularly. In October, as the cholera epidemic 
escalated, many schools closed because they did not have running water 
and functioning toilets. Hyperinflation reduced the buying power of a 
teacher's wages to under Z$374 million (approximately $10 per month at 
the time), which did not cover even transportation costs. Mounting 
economic hardship drove many teachers to leave the country. On October 
7, both teachers' unions called for the Government to cancel the school 
year because students had not received enough hours of instruction and 
were unprepared for annual exams. The primary and secondary level exams 
were held at the end of October, but had not been graded by year's end. 
Public universities were also forced to close due to a lack of teachers 
and sanitation on campuses.
    The Zimbabwe Censorship Board continued to ban plays considered 
critical of the Government, and police arrested and interrogated actors 
and producers during the year.
    On June 26, Harare Magistrate Gloria Takundwa fined two artists, 
Silvanos Mudzvova and Anthony Tongani, Z$25 billion (approximately 
$1.50 at the time) or four days in prison for contravening the 
Censorship and Entertainment Control Act. Police arrested the artists 
in October 2007 after they ``unlawfully'' performed a satire, ``Final 
Push,'' that depicted the country's worsening political and economic 
crisis. The Government argued that the two staged the play without 
approval from the Censorship Board as required by law.
    According to media reports, the Government blocked the opening of 
two plays during the year. On April 24, police stopped the staging of 
the play ``Sahwira-the Spirit of Friendship.'' Police said that they 
were not informed in advance about the staging of the play. Police also 
stopped the play ``Crocodile of Zambezi'' in Bulawayo.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
the Government restricted this right in practice. 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 seven 
days in advance. Failure to do so results in criminal prosecution as 
well as civil liability. In January POSA was amended as a part of 
constitutional Amendment 18 to require police to go to a magistrate's 
court and to state in an affidavit why a public gathering should not 
take place. Although many groups that conducted meetings did not seek 
permits, other 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 sometimes approved requests; however, they disrupted many events 
whether or not they were notified.
    In March 2007 the ACHPR's special rapporteur on human rights 
defenders in Africa, Reine Alapini-Gansou, expressed concern that 
police might be using POSA ``to arrest and persecute human rights 
defenders'' to prevent them from carrying out ``their legitimate 
activities in defense of human rights.'' Police personnel attended many 
political meetings without invitation, ostensibly to protect attendees 
from potential violence by unruly persons. The CIO also routinely sent 
personnel undercover to monitor meetings perceived to be potentially 
antigovernment.
    During the election period, citing POSA, police routinely denied 
MDC candidates permission to hold political rallies. On February 1, 
police denied permission for two MDC marches in Mutare and Rusape. The 
magistrate in Mutare ruled that the protestors could not march into the 
city center but could hold a rally outside town.
    On April 11, during the delay in announcing winners of the March 29 
elections, Assistant Police Commissioner Faustin Masango announced that 
``no political party will be allowed to hold a rally during this period 
until after the announcement of the outstanding results.'' He told 
journalists that police had denied MDC clearance to hold a rally that 
day because ``the current period is still very sensitive.'' Politicians 
and analysts said the ban was illegal and in contravention of POSA, 
which states that bans could only be imposed at the district, not 
national, level.
    Security forces committed arbitrary or unlawful killings while 
disrupting nonviolent demonstrations. Police erected roadblocks in 
urban and rural areas to prevent public gatherings, repeatedly used 
excessive force in dispersing demonstrations by the opposition and 
civil society, and arrested numerous demonstrators during the year.
    On March 8, WOZA and MOZA held a march in Bulawayo to commemorate 
International Women's Day. After marching a few blocks, riot police 
chased the demonstrators and beat them with batons. One woman was 
reportedly thrown against a metal pole and one man was trampled on by a 
police officer. While police beat one woman, WOZA leaders Jenni 
Williams and Magodonga Mahlangu intervened. Police arrested all three 
and took them to the police station; they were later released without 
charge. WOZA reported that over 50 persons needed medical attention.
    On October 27, in Harare, police used excessive force to disperse a 
group of 100 women, all members of prominent civil society 
organizations, who had gathered to present a petition to a meeting of 
the SADC Troika to encourage them to finish the power-sharing 
negotiations. When the women attempted to enter the hotel where the 
talks were taking place, they were denied access by police. The women 
retreated to a nearby field where they prayed for peace while waiting 
for the rest of the petitioners to arrive; some 800 women from at least 
12 organizations were expected. Police then used tear gas against the 
women and beat them with batons; at least 42 were arrested and 
approximately 20 others sought medical attention for their injuries. 
Some of the women were released after paying an admission of guilt 
fine; others were released without charge.
    On November 18, approximately 300 health workers protested outside 
the main public hospital in Harare, Parirenyatwa. The workers held a 
second protest on December 3, attended by an estimated 100 doctors and 
nurses outside the Ministry of Health. In both instances, the medical 
professionals called for improved wages and working conditions 
including equipment, medication, water, and electricity in public 
hospitals. The protests came as a cholera epidemic was accelerating and 
workers worried about their own safety and the ability of deteriorated 
health facilities to handle the influx of patients. While police 
initially allowed the protests, they ultimately disrupted both 
demonstrations by chasing and beating health workers with batons. By 
year's end the escalating cholera epidemic had infected 30,938 persons 
and killed 1,551.
    No further action was taken in the 2007 or 2006 cases in which 
opposition figures and civil society members were harassed or arrested 
by government authorities.
    In response to continued unrest among student groups angered at 
increasing tuition, the Government continued its harassment of 
university student unions. On April 18, 10 students at the National 
University of Science and Technology were arrested while they staged a 
demonstration demanding that the ZEC release the presidential election 
results and calling for a reduction of university fees. The students' 
lawyer was denied access to the students twice when they were in 
custody. On April 19, eight were released after being forced to pay 
admission of guilt fines for breaching the peace. Two others were 
released on April 21 after they were charged with malicious damage to 
property. No action had been taken on the case at year's end.
    On May 7, more than 600 students staged a peaceful protest at 
Chinhoyi University of Technology, demanding Mugabe step down as 
president. Leaders of the Zimbabwe National Students Union (ZINASU) 
addressed students and attributed the collapse of tertiary education to 
the national governance crisis. Two trucks of riot police interrupted 
the protest and beat students. Police arrested five student leaders. 
That night, war veterans abducted ZINASU spokesman Blessing Vava during 
a raid on the campus residence halls. Vava was released three days 
later at a farm in Banket.
    On May 8, Chinhoyi University Students' Union leader Lothando 
Makhubalo was arrested on campus by armed riot police who forcibly 
dragged her from her residence hall, tearing her clothes off in the 
process. The Government later refused to prosecute the case. In 
September Chinhoyi University suspended Makhubalo for four semesters 
when the student disciplinary committee found her guilty of inciting 
violence, despite an apparent lack of evidence.

    Freedom of Association.--Although the constitution and law provide 
for freedom of association, the Government restricted this right in 
practice. Organizations generally were free of governmental 
interference only if the Government viewed their activities as 
nonpolitical. ZANU-PF supporters, sometimes with government support or 
acquiescence, intimidated and abused members of organizations perceived 
to be associated with the opposition. The Government raided the offices 
and inquired into the activities of numerous NGOs and other 
organizations it believed opposed government policies.
    On June 12, police raided the headquarters of the National 
Constitutional Assembly (NCA). Police threatened to arrest members if 
they did not reveal the whereabouts and contacts of the NCA leadership. 
They also demanded to see the registration certificate of the 
organization which police claimed was an NGO as police claimed they had 
been given a government directive to close NGO offices. After the 
chairman explained that the NCA, like ZLHR, operated on the basis of 
their own constitutions and were not subject to the provisions of the 
NGO bill, the police left.
    On August 28, police raided and stopped the annual meeting of the 
NGO Crisis Coalition in Zimbabwe even though police permission was not 
legally required for an internal meeting. No action was taken against 
the police.
    The formation of political parties and unions was not restricted; 
however, the Government interfered with activities of both during the 
year.
    For example, according to the March HRW report All Over Again: 
Human Rights Abuses and Flawed Electoral Conditions in Zimbabwe's 
Coming General Elections, on February 10, the MDC party chairman in 
Bindura called a meeting of 20 MDC activists at a compound in the area. 
On February 20, a magistrate sentenced the chairman to six months' 
imprisonment for holding a political meeting; he was ordered to serve 
105 hours of community service.
    In February MDC supporters in Manicaland were forced to hold 
clandestine meetings because police frequently denied them permission 
according to HRW.
    Police raided MDC's headquarters, Harvest House, twice. During the 
first raid, on April 25, armed police forcibly rounded up an estimated 
200 internally displaced persons (IDPs), including women and children, 
who had fled post-election violence and sought refuge at the MDC 
offices. The police took the IDPs to the police station, and detained 
some for as long as four days. During the second raid on June 23, 
persons claiming to be city health inspectors demanded access to the 
building. Once MDC officials opened the doors, 50 armed police in riot 
gear stormed the building. The approximately 2,600 IDPs who had sought 
refuge at Harvest House were tipped off to the raid and had fled the 
building before police arrived, leaving behind an estimated 30 IDPs who 
were too ill, injured, or elderly to leave. Police took the remaining 
IDPs to a newly established government camp in Ruwa where they were 
held for weeks. Police did not produce a warrant to enter the building 
in either raid.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. The Government and the religious communities historically 
have had good relations; however, the Government continued to criticize 
and harass religious leaders who spoke out against the Government's 
human rights abuses. Church leaders and members who criticized the 
Government faced arrest, detention, and, in the case of foreigners, 
possible deportation. Although not specifically aimed at religious 
activities, POSA and other laws continued to be used to interfere with 
religious and civil society groups organizing public prayer rallies.
    In April and May police stormed various Anglican churches, breaking 
up services and attacking worshipers, mostly women, with batons. Police 
violence against citizens during April and May also included arresting 
parishioners, interrogating priests and lay leaders, and locking doors 
of churches to keep worshippers away.
    The Government scrutinized churches suspected of providing food, 
shelter, and other assistance to displaced people. In May and June 
police raided several churches that were housing displaced persons and 
took the displaced into custody. There were also credible reports of 
ZANU-PF supporters threatening pastors for not encouraging congregants 
to vote ZANU-PF and stopping pastors from praying for MDC victims of 
violence.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of 
religious groups, including interreligious and intrareligious 
incidents, other than incidents that were politically motivated.
    The Jewish community numbered approximately 270. There were no 
reports of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country and foreign travel; however, the 
Government restricted freedom of movement, foreign travel, and the 
rights of IDPs in practice. The Government generally cooperated with 
the Office of the UN High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in providing assistance to refugees and 
asylum seekers, but interfered with humanitarian efforts directed at 
IDPs.
    During the year police continued to routinely erect roadblocks 
staffed with armed police in and around cities and rural districts, 
especially during election periods and before demonstrations and 
opposition meetings. In the inter-election period, in particular, 
security forces were deployed to strengthen roadblocks and border 
security. Security forces claimed that they were looking for criminals, 
smuggled goods, and food; however, in many cases, police arbitrarily 
seized goods for their own consumption.
    On August 14, Harare airport security officials seized Morgan 
Tsvangirai's emergency travel document and the passports of other MDC 
officials as they attempted to leave Zimbabwe for a SADC summit in 
South Africa. Police returned the documents several hours later and 
they were allowed to travel.
    Registrar General Tobaiwa Mudede continued to seek to strip the 
citizenship of persons deemed critical of the Government and to deny 
the renewal of some individuals' passports. Although Mudede lost a 
series of legal challenges in the Supreme Court and the High Court, 
authorities seized passports and prevented citizens from leaving the 
country during the year. For example, in May Morgan Tsvangirai applied 
for a new passport since the pages of his previous passport were 
filled. Although an emergency passport could typically be issued within 
two days, the registrar general's office stated it could not issue a 
passport due to a lack of material and instead gave Tsvangirai three 
different short-term emergency travel documents between June and 
November. However, the press reported that thousands of other passports 
were issued during that period. The Government also did not issue 
Tsvangirai a passport until December 25, despite his position as prime 
minister-designate and repeated requests to travel on the document for 
SADC-sponsored power-sharing negotiations.
    During the year travel bans on a variety of persons remained in 
effect, including British government officials, members of the British 
parliament, a foreign human rights activist, and journalists. Foreign 
correspondents were denied visas during the year.
    The constitution prohibits forced exile, and there were no reports 
that the Government used it. A number of persons, including former 
government officials, prominent businessmen, human rights activists, 
MDC members, and human rights lawyers, left the country and remained in 
self-imposed exile.
    The registrar general continued to deny passports based on his 
interpretation of the Citizenship Act. The act requires all citizens 
with a claim to dual citizenship to have renounced their claim to 
foreign citizenship by January 2002 to retain their Zimbabwean 
citizenship. The act revokes the citizenship of persons who fail to 
return to the country in any five-year period. However, the High Court 
ruled in 2002 that this interpretation does not take into account the 
fact that a person is not automatically guaranteed foreign citizenship 
merely because their parents were born in a foreign country, as some 
countries require a person to confirm their citizenship, in which case 
they could be rendered stateless. It further held that it is incorrect 
to presume that when one has a parent or parents that are born out of 
the country they are citizens of the other country by descent. In 
addition, some countries, including in southern Africa, do not have a 
means to renounce citizenship. Independent groups estimate as many as 
two million citizens may have been disenfranchised by the law, 
including, those perceived to have opposition leanings, such as the 
more than 200,000 commercial farm workers from neighboring countries, 
and approximately 30,000 mostly white dual nationals. The problem 
became particularly acute during voter registration in late 2007 and 
during the 2008 elections when some were denied the right to vote-
despite having voted previously-because they could not adequately 
demonstrate their citizenship.

    Internally Displaced Persons (IDPs).--According to independent 
assessments, hundreds of thousands of persons remain displaced within 
the country as a result of government policies including state-
sponsored election-related violence, land reform, and Operation 
Murambatsvina in 2005. Eight percent of citizens surveyed in mid-2007 
said they had moved in the last five years because they were ``asked to 
move.'' Nevertheless, the Government denies an IDP problem exists. The 
Government does not tolerate use of the phrase ``internally displaced 
people'' and instead refers to ``mobile and vulnerable populations'' 
(MVPs).
    The Government's campaign of forced evictions and the demolition of 
homes and businesses continued during the year. At least 30,000 people 
were displaced between April and July in the wake of government-
sponsored political violence and destruction of property, particularly 
in rural areas. The Government did not provide assistance to IDPs, 
established an NGO ban that forbid humanitarian agencies from assisting 
IDPs or conducting surveys to assess the scope of the problem, and 
refused to acknowledge that its policies had caused internal 
displacement. In August, when violence levels in rural areas declined 
in the wake of political talks, many IDPs returned to or near their 
homes and were ``fined'' in food, animals, or money by local ZANU-PF 
militias.
    In the wake of the Government ban on humanitarian organizations' 
activities between June and the end of August, aid agencies had limited 
access to displaced persons. Private groups and individuals assisted 
IDPs in urban areas by providing shelter, food, and clothing in 
privately organized safe houses, which were routinely harassed by 
security forces and ZANU-PF supporters. Although the ban was eventually 
lifted, security forces and government officials continued to deny NGOs 
access to some needy populations.
    In 2005 an estimated 700,000 persons lost their homes or businesses 
following Operation Murambatsvina, and approximately 2.4 million 
persons were directly affected. The Government program ``Operation Live 
Well,'' purportedly launched to build housing for those displaced, 
primarily benefited government officials and the police rather than 
victims of Operation Murambatsvina. The Swiss-based Internal 
Displacement Monitoring Centre's August report The Many Faces of 
Displacement: IDPs in Zimbabwe reported that victims of Operation 
Murambatsvina continued to suffer and lacked permanent shelter. Some of 
those who returned to rural areas were regarded with suspicion by rural 
chiefs and were unable to remain. In urban areas, the continued lack of 
housing contributed to high rent and overcrowding.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, and granted refugee status or asylum.
    According to law, refugees must live at Tongogara refugee camp, but 
the camp afforded no means to earn a livelihood. Most refugees lived in 
urban areas without the permission of the Government. In some cases, 
the Government permitted refugees with special needs to live in urban 
centers. The Government granted work permits to a few refugees, 
primarily those with special skills.
Section 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.

    Elections and Political Participation.--In 2007 SADC designated 
South African President Thabo Mbeki to serve as mediator between Robert 
Mugabe's government and the MDC. The mediation aimed to determine a 
mutually agreed upon election date and procedures to rewrite the 
constitution. Mbeki described his main objective as facilitating 
elections ``whose outcome would not be contested.'' While the mediation 
was ongoing, Mugabe announced on January 25 that elections would be 
held in March, despite Morgan Tsvangirai's protests that mediation was 
still underway and there was not enough time to campaign. On March 29, 
the country held harmonized elections for the presidency, House of 
Assembly, Senate, and local government.
    As in previous elections in 2000, 2002, and 2005, the preelection 
period was not free and fair. The environment was characterized by some 
violence and a media environment that heavily favored Mugabe. Although 
Tsvangirai was allowed to campaign, the country police did not permit 
the MDC to hold all planned rallies, and some MDC activists were 
intimidated and beaten in the weeks before the election. Foreign 
journalists were not granted permission to cover the story from the 
country.
    The law stipulates that the ZEC is responsible for maintaining and 
updating the voters' roll. However, the ZEC lacked the capacity to 
carry out these functions and relied heavily on the Registrar General 
of Voters office to help it carry out its responsibilities. In the 
weeks preceding the March harmonized elections, the Registrar General 
and the ZEC did not ensure an open inspection of the voters' roll for 
aspiring candidates of the opposition party or the electorate in 
certain cases until they were compelled to do so by a court order. In 
some cases, voter rolls contained the names of deceased persons, known 
as ``ghost voters.'' Before the March elections, the MDC claimed there 
were as many as 8,000 ghost voters on the roll.
    Election day was largely peaceful, with international observers 
from the African Union, SADC, and the Pan African Parliament present; 
international observers from Western nations were not invited. Domestic 
observers, including representative from all the political parties and 
independent groups such as ZESN, played a critical role in the March 29 
election and observed both voting and vote tallying at polling places 
across the country. For the first time, election results were posted 
outside each polling station. At numerous polling places, observers 
photographed the final vote count sheet and distributed the images.
    The March election results demonstrated a significant shift in the 
political environment. MDC secured a majority in numerous local 
government councils and in the House of Assembly. On August 25, 
Lovemore Moyo of the MDC was elected Speaker of the House by secret 
ballot, marking the first time a non-ZANU-PF member held the seat since 
1980.
    The results of the presidential race were not released until May 2. 
The lengthy delay called into question the credibility and independence 
of the ZEC. According to the ZEC tally, 2,537,240 votes were cast, with 
1,195,562 (47.9 percent) for MDC's Tsvangirai, while Mugabe obtained 
1,079,730 (43.2 percent). Simba Makoni, who left ZANU-PF in February to 
run as an independent, received 207,470 votes (8.3 percent). These 
calculations differed from the parallel vote tabulation conducted by 
ZESN and released on March 31. ZESN estimated that Tsvangirai received 
49.4 percent (+/-2.4 percent margin of error), Mugabe received 41.8 
percent (+/-2.6 percent margin of error), and Simba Makoni received 8.2 
percent (+/-1.1 percent margin of error). The ZEC results fell within 
the margin of error as estimated by ZESN's projections, but also 
allowed for the possibility that Tsvangirai won out-right. Initially 
the MDC challenged the results, asserting that Tsvangirai had secured 
the majority of votes needed to win the presidency. According to the 
ZEC tally, since no candidate secured the 50 percent-plus-one needed to 
win outright, a run-off election was set for June 27.
    The months leading up to the run-off election were marred by 
widespread violence and intimidation perpetuated by the ZANU-PF 
government and its supporters. On June 21, Mugabe gave a speech to 
followers, indicating he intended to win by any means necessary. 
According to local press reports, he stated, ``we will never allow an 
event like an election to reverse our independence, our sovereignty, 
our sweat and all that we fought for'' and ``we are not going to give 
up our country because of a mere X [on a ballot].'' Domestic election 
observers, non-ZANU-PF polling agents, and known MDC members and 
supporters were targeted and attacked. At least one observer died, and 
in June alone 30 observers were physically assaulted, over 200 
displaced, and 14 had homes and property destroyed.
    Violence throughout the pre-run-off period left more than 150 dead, 
thousands injured, and tens of thousands displaced. On June 22, in the 
wake of the violence, along with continued disruption of MDC rallies 
and campaign efforts, Tsvangirai announced that he would not contest 
the run-off election. The ZEC declared Tsvangirai's withdrawal 
unlawful. A legal debate ensued over whether the Electoral Act required 
a withdrawal to be submitted 21 days before the run-off or whether the 
21-day period related only to the first round of elections. The ZEC 
ultimately issued a statement on June 25 declaring the June 27 run-off 
would proceed, despite statements from regional and international 
bodies that the environment was not conducive to a free and fair 
election. Some voters stated that they would purposefully mismark their 
ballot in protest while others reported that they would boycott the 
election entirely. On June 27, 2,514,750 voters went to the polls, 
according to official results. In the run-off, the ZEC reported that 
Mugabe received 2,150,269 votes, Morgan Tsvangirai received 233,000, 
and 129,781 ballots were spoiled. According to the ZEC figures, Mugabe 
received 1,070,539 more votes in June, and Tsvangirai received 962,562 
fewer votes. On June 29, the ZEC announced Mugabe had won with more 
than 85 percent of the vote; he was inaugurated the same day.
    During the run-off, there were numerous reports of voter 
intimidation. In the days leading up to the one-man election, ZANU-PF 
youths threatened voters with beatings or death if they could not show 
indelible ink on their finger as evidence of having voted. Some polling 
stations were located in areas regarded as intimidating to voters, such 
as at police stations, farms owned by war veterans, or next to local 
ZANU-PF headquarters. At some polling places, police officers and other 
unidentified individuals recorded the names of those who voted and used 
serial numbers to track their ballots.
    Electoral laws provide for postal voting for citizens that are not 
able to vote in their area of residence on the day of election. During 
the run-off, members of the security forces such as police, soldiers, 
and prison officers were intimidated and forced to vote for the 
incumbent by mail. A prison official filmed a video of the conditions 
under which prison workers voted. The video depicted officers being 
told to vote for Mugabe by their superiors and forced to vote in front 
of them, violating secrecy of the ballot. According to HRW, senior 
officers threatened lower ranking officers and stated that the 
subordinates would not be allowed to ``sell out'' the country.
    In a government policy shift from the March election, ZESN and 
other domestic observers faced significant bureaucratic obstacles that 
prevented them from observing the June election. Minister of Justice, 
Legal, and Parliamentary Affairs Patrick Chimamasa greatly reduced the 
number of accreditations from over 8,667 in the harmonized election to 
500 in the presidential run-off, even though the Electoral Act provides 
for two election agents per organization per polling station, which 
would amount to 27,000 observers at the 9,231 polling places in the 
run-off. Observers charged the shortage of accreditations was a means 
to curtail the ability of civil society to monitor elections, 
especially polling.
    While the country did not allow nationals of most Western countries 
to observe the elections, it did allow election observer missions from 
three African groups. The Pan African Parliament concluded the run-off 
election did not give rise to free, fair, or credible results. SADC's 
report stated that the environment ``impinged on the credibility of the 
electoral process'' and the ``elections did not represent the will of 
the people of Zimbabwe.'' The African Union mission noted the violence 
and fear that led up to the election and said that the election ``fell 
short of accepted AU standards.'' Leaders of a number of neighboring 
countries, including Botswana and Zambia, condemned the poll.
    Following domestic and international protests of Mugabe's 
inauguration, ZANU-PF and MDC resumed negotiations, with Mbeki as lead 
SADC mediator. On July 21, the leaders of the two MDC factions and 
ZANU-PF signed a Memorandum of Understanding (MOU) which set terms for 
the forthcoming dialogue The MOU, unlike the agenda of the eight-month-
long SADC negotiations that ended in failure in January, envisaged that 
the parties would form an inclusive government. On September 15, 
Mugabe, Tsvangirai, and Mutambara signed a power-sharing agreement to 
establish an ``inclusive'' government.
    At year's end the agreement had not been implemented. The 
abductions of MDC officials, along with Mugabe's reappointment of 
Reserve Bank Governor Gideon Gono and appointment of Attorney General 
Johannes Tomana, sparked criticism that Mugabe had violated provisions 
of the September agreement and acted unilaterally to form a new 
government.
    Before the March elections, the Government enacted numerous changes 
that affected the electoral system. On January 11, amendments were 
enacted to the Electoral Laws Amendment Act, POSA, and AIPPA. The 
Electoral Act abolished the Electoral Supervisory Commission, which 
previously managed the election process, and turned its authorities 
over to ZEC. The act was intended to streamline the election 
bureaucracy and allow continuous voter registration, and prohibit the 
use of intimidation during campaigns. In addition, the act requires 
voters to vote at assigned polling stations in their wards, rather than 
at any polling station within their constituency. The locations of 
polling places were poorly advertised before the March and June 
elections.
    The ZEC, established in 2005, is charged with directing voter 
registration, maintaining the voters roll, conducting voter education, 
and accrediting observers. ZEC is comprised of seven members, three of 
whom must be women, who are appointed by the president. The chairperson 
is appointed after consultation with the Judicial Service Commission, 
while the other six are appointed from a list of nominees submitted by 
the Parliamentary Committee on Standing Rules and Orders. ZEC also has 
provincial and district offices. Since its inception, observers have 
questioned ZEC's independence and impartiality. Despite a provision in 
the Electoral Act that prohibits military and civil servants from 
serving on the ZEC, the March HRW report, All Over Again: Human Rights 
Abuses and Flawed Electoral Conditions in Zimbabwe's Coming General 
Elections, detailed cases of current and former military and 
intelligence officers serving as ZEC officials. Notably, the chairman 
of ZEC, Justice George Chiweshe, is a former military officer who also 
chaired the commission that oversaw flawed elections in 2005. The 
report also described the voter registration process as flawed. Mobile 
voter registration was not advertised openly and, in some cases, NGO 
officials said voters were not allowed to register unless they had 
ZANU-PF membership cards.
    The law states that ZEC should start a voter education program no 
later than 90 days before election day. No person or entity other than 
ZEC, or someone appointed by it, can provide voter education. Given the 
new divisions of constituencies, the requirement to vote at a specific 
polling place, and the introduction of four elections on one day, 
independent groups charged that voter education was essential to 
informing voters well ahead of the March 29 election. While ZEC 
officers carried out voter education in urban areas, they provided 
little education in rural areas. Media provided some information; 
however, because of low literacy rates and limited access to media in 
rural areas, populations in these areas remained relatively uninformed. 
Although ZESN provided voter education in 2005, ZEC did not grant it 
permission to conduct voter education campaigns.
    In September 2007 parliament unanimously passed constitutional 
Amendment 18. Among other changes, the amendment expanded the House of 
Assembly by increasing the number of constituencies from 120 to 210. It 
also empowered ZEC to set the boundaries of parliamentary and local 
constituencies. The delimitation report was finalized on January 17. 
Although the constitution provides that delimitations must be debated 
in parliament, parliament adjourned before the report could be debated. 
The MDC and members of civil society criticized the delimitation of 
wards and constituencies as favoring ZANU-PF.
    Although the constitution allows for multiple parties, the ruling 
party and security forces intimidated and committed abuses against 
opposition parties and their supporters and obstructed their 
activities.
    During the year the Government manipulated the electoral process, 
including through partisan disbursement of food and other material 
assistance to perpetuate public dependence on the ruling party, 
disenfranchising of voters, and skewed elections in favor of ruling 
party candidates. In some areas a ZANU-PF card was required to obtain 
food and agricultural inputs. According to the ZESN, ZANU-PF prevailed 
on traditional leaders to get out the vote for the ruling party.
    Under the constitution, 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 eight provincial 
governors who sit in parliament, and six senators.
    There were reports that the Government removed, from the civil 
service and the military, persons perceived to be opposition 
supporters. There also were reports that the Government assigned 
soldiers and youth service members to work in government ministries.
    The Government routinely interfered with MDC-led local governments. 
In the March 29 elections, the MDC won a majority of seats in city 
councils across the country. Under the Urban Councils Act, the Ministry 
of Local Government has the power to appoint ``special interest 
councilors'' to local councils to represent special interest groups. 
Such appointments should fill ``gaps'' by including members of business 
and civil society in the councils. However, Minister Ignatius Chombo 
used this authority to appoint losing ZANU-PF candidates to councils 
across the country. City councils in Mutare, Harare, Bulawayo, and 
other cities challenged such appointments. In September a Bulawayo man 
filed a claim in the High Court calling for the nullification of nine 
of Minister Chombo's appointments to the Bulawayo council, a number of 
whom were losing ZANU-PF candidates. In addition, the Bulawayo council 
filed a report questioning the appointments, saying there ``was no 
evidence of any special interest they represented.'' On October 11, in 
a High Court hearing in Bulawayo, the Government attorney admitted that 
the appointments were unlawful. By year's end the council had not 
convened any full council meetings and special interest councilors had 
not been inaugurated.
    The ruling party's candidates continued to benefit from ZANU-PF's 
control of the state- and party-owned firms that dominated the 
country's economy and from its control of the state-monopolized 
broadcast media. Youth wings of the ruling party continued to commit 
abuses against the opposition and members of civil society with 
impunity.
    After the March elections, there were 32 women in the 210-seat 
House of Assembly. Women won 21 of the 60 elected seats in the Senate, 
including the president of the Senate. One vice president, one deputy 
prime minister, four ministers, and two governors were women. Of these 
270 elected positions, 53 were filled by women, constituting 19 percent 
of the total, short of the SADC target for female representation of 
one-third. In 2006 Rita Makarau became the first woman to hold the 
position of judge-president of the High Court. Women participated in 
politics without legal restriction, although according to local women's 
groups, husbands commonly directed their wives to vote for the 
husbands' preferred candidates, particularly in rural areas. The ZANU-
PF congress allotted women one-third of 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 organizations.
    There were 10 members of minority groups in the cabinet, including 
Vice President Joseph Msika. There were 46 members of minority groups 
in the 210-seat House of Assembly, including 43 Ndebele and three 
whites.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively and impartially, and officials frequently 
engaged in corrupt practices with impunity. The World Bank's Worldwide 
Governance Indicators reflected that corruption was a severe problem. 
Implementation of the Government's ongoing redistribution of 
expropriated, white-owned, commercial farms substantially favored the 
ruling party elite and continued to lack transparency. Top ruling party 
officials continued to handpick numerous farms and register them in the 
names of family members to evade the Government's one-farm policy. The 
Government continued to allow individuals aligned with top officials to 
seize land not designated for acquisition.
    Top ruling party officials and entrepreneurs supporting the ruling 
party received priority access to limited foreign exchange, farm inputs 
such as fertilizer and seed, and fuel. The Government's campaign to 
provide housing plots and vending sites for victims of Operation 
Murambatsvina mostly benefited civil servants, security forces, and 
ruling party supporters.
    After significant shortages of basic goods in stores, in August the 
Government established shops under the National Basic Commodities 
Supply Enhancement Program (BACOSSI) designed to provide basic goods at 
reduced prices. Under the program, local traditional leaders including 
chiefs and headmen were involved in the distribution. Politicization of 
the program was widely reported. In some cases, chiefs reportedly 
refused to provide goods to members of their community who were members 
of the MDC. In many of the stores, ZANU-PF cards were reportedly 
required to purchase goods, and ZANU-PF leaders and soldiers reportedly 
stole goods from some stores and later sold them on the black market at 
an increased price. The Confederation of Zimbabwe Industries' 2008 
Manufacturing Survey noted that ``the BACOSSI facilities are having 
little impact given that they tend to be targeted and those who get 
them are not getting their full disbursements.''
    A government-appointed Anticorruption Commission was established in 
2005 but had yet to register any notable accomplishments. In September, 
one senior member of the ACC was implicated in the takeover of a 
commercial farm when she planted her own crops on someone else's farm.
    In November the Inspector General of the Global Fund for AIDS, TB, 
and Malaria revealed that the Government had misused $7.3 million of 
its $12.3 million grant. For several months, local organizations 
providing life-saving medical assistance were unable to access the 
funds, which were being held by the Reserve Bank because the Government 
had reallocated the funds for other purposes. Due to the Government's 
failure to use the money appropriately, only 495 of an intended 27,000 
health workers received training in proper distribution of HIV/AIDS, 
TB, and malaria drugs. Shortly after the misallocation became public, 
the Government returned the funds to the Global Fund's account.
    Prosecutions for corruption continued but were selective and 
generally seen as politically motivated. The Government targeted 
persons who had fallen out of favor with the ruling party or 
individuals without high-level political backing. Prosecutions were 
often for externalizing foreign currency, which was a common practice 
among the political and business elites.
    There were several cases of government employees buying food and 
fertilizer and reselling it at an increased price. On September 22, 
police arrested five workers at the Grain Marketing Board depot in 
Chegutu for allegedly buying fertilizer from the Board and selling it 
in foreign currency to two foreigners to be smuggled to Zambia. More 
than 60 tons of fertilizer were recovered. The case was ongoing at 
year's end.
    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 enforced most vigorously.
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, investigating and publishing their findings on human 
rights cases; however, they were subject to government restrictions, 
interference, monitoring, and harassment. Domestic NGOs worked on human 
rights and democracy issues, including lobbying for revision of POSA 
and AIPPA; election observation; constitutional and electoral reform; 
increasing poor women's access to the courts; raising awareness of the 
abuse of children; conducting civic education; preserving the 
independence of the judiciary; and combating torture, arbitrary 
detention, and restrictions on freedom of the press and assembly. Major 
domestic independent human rights organizations included the Crisis in 
Zimbabwe Coalition, Zimbabwe Human Rights NGO Forum, ZESN, ZLHR, ZPP, 
NCA, SST, and WOZA.
    The Government continued to use the state-controlled media to 
disparage and attack human rights groups. Articles typically dismissed 
the efforts and recommendations of NGOs that were considered critical 
of the Government as efforts by groups that merely did the bidding of 
``Western governments.''
    During the year police arrested or detained NGO members, often in 
connection with demonstrations or marches; many were beaten during 
arrest and tortured while in custody. Some NGO members died in 
postelection violence.
    The Government harassed some NGOs it believed opposed government 
policies with raids on their offices and investigations into their 
activities. On June 9, police raided the offices of ZimRights, 
Transparency International, the Student Christian Movement of Zimbabwe, 
the Ecumenical Support Services, Christian Alliance, the Zimbabwe 
National Pastors Conference, PADARE Men's Forum on Gender, and the NCA. 
The raids, which were conducted without warrants, led to 10 arrests. 
Those arrested were later charged with possessing subversive material 
and detained. On June 13, they were released after the attorney 
general's office declined to prosecute them, citing lack of evidence.
    The Government increased its harassment and intimidation of human 
rights lawyers during the year. Police often threatened, and in some 
cases assaulted, lawyers when they attempted to gain access to their 
clients in police custody. For example, in June in Matabeleland North, 
13 members of the Media Monitoring Project were arrested for holding a 
meeting without permission and held for three nights. Their lawyer was 
abducted and released 15 miles from town the day of their hearing; the 
13 were never charged.
    The Government continued to obstruct the activities of 
organizations involved in humanitarian activities, particularly in 
rural areas. The Government restricted feeding programs and blocked 
efforts by local and international NGOs to provide humanitarian relief 
to those affected by Operation Murambatsvina. Following the March 29 
election, NGOs and humanitarian organizations were increasingly denied 
access by a variety of official and unofficial personnel acting on 
behalf of the Government.
    On May 28, the Minister of Social Welfare, Labor, and Public 
Service Nicholas Goche ordered the NGO CARE to suspend all of its 
operations. The suspension came after months of harassment by war 
veterans, the military, and other officials who accused CARE of 
meddling in Zimbabwe's internal politics and of using food aid to 
encourage voters to vote for the MDC in the March 29 election.
    On June 5, Minister Goche suspended all NGO ``field operations,'' 
specifically referring to the distribution of food aid. Although the 
suspension technically only covered activities by NGOs and Private 
Voluntary Organizations (PVOs), activities by other organizations, 
including churches and UN agencies, were also curtailed by security 
officials.
    On June 6, government officials and ZANU-PF supporters hijacked a 
truck carrying 20 metric tons of food donated by the international 
community and destined for children at 27 schools in eastern Zimbabwe. 
The truck driver was threatened and held at the local police station 
for three days without charge. The food was distributed to ZANU-PF 
supporters at an election rally.
    The NGO suspension remained in effect until August 29 when 
organizations were allowed to renew their activities but were compelled 
to adhere to new reporting requirements to maintain valid NGO 
registrations with the ministry.
    Representatives of International NGOs were harassed. For example, 
on April 3, security forces detained Dileepan Sivapathasundaram, a 
foreigner with the National Democratic Institute, while he was 
attempting to leave the country. Security forces interrogated 
Sivapathasundaram for over 22 hours without allowing him access to 
legal counsel and held him without charge for six days before his 
release.
    In May the Government declared the country director for the Swedish 
Cooperative Center persona non grata and gave her 24 hours to leave the 
country. The Government did not provide a justification for the action.
    At the 43rd session of the African Commission on Human and Peoples' 
Rights in May, the commission adopted a resolution expressing concern 
for the deteriorating human rights situation and calling for a stop to 
the escalating political violence and internal displacements.
    On June 17, the Government abruptly deported a senior official with 
the UNHCR less than a week after the officer's arrival in the country; 
the Government did not provide a justification. Following the 
expulsion, High Commissioner Louise Arbour stated that ``this seems to 
fit into a pattern of the Government taking a very uncooperative 
attitude vis-a-vis many international actors in the humanitarian 
sector.''
    In June UN Secretary General Ban Ki-moon appointed Assistant 
Secretary General for Political Affairs Haile Menkerios as special 
envoy to the country. The same month, Menkerios visited the country; he 
also supported SADC-sponsored negotiations between ZANU-PF and the MDC 
in August and September in South Africa. On June 30, the secretary 
general denounced the results of the June 27 presidential run-off 
election as illegitimate. UN Deputy Secretary-General Asha-Rose Migiro 
described the crisis as ``the single greatest challenge to regional 
stability in southern Africa, not only because of its terrible 
humanitarian and security consequences, but also because of the 
dangerous political precedent it sets.''
    On July 1, at the 11th ordinary session of the African Union (AU), 
the body adopted a resolution expressing concern over the negative 
election reports from SADC, the AU, and the Pan-African Parliament and 
election-related violence and loss of life, as well as the urgent need 
to prevent further worsening of the situation.
    In July the UN Security Council voted on a resolution to condemn 
the actions of and impose sanctions on ZANU-PF's leaders. The 
resolution sought to address political violence and intimidation 
perpetrated against the opposition party and would have instituted an 
arms embargo on the country, as well as a travel ban on Mugabe and 13 
of his allies. While a majority of Security Council members voted in 
favor of the resolution, it was vetoed by two of the council's 
permanent members, Russia and China.
    On November 22 and 23, three members of The Elders, former United 
States president Jimmy Carter, former UN secretary general Kofi Annan, 
and women's and children's rights advocate and former first lady of 
Mozambique Graca Machel attempted to visit the country to evaluate the 
growing humanitarian crisis. According to The Elders, on the eve of 
their departure from South Africa for Harare, SADC negotiator Thabo 
Mbeki informed them that their visit was not welcomed at that time by 
the Zimbabwean government and they would not be permitted entry to the 
country. The Elders remained in South Africa where they met with 
political, business, civil society, and humanitarian aid workers to 
discuss the crisis in Zimbabwe. In the report summarizing their 
findings, Carter stated that, ``the entire basic structure in 
education, healthcare, feeding people, social services and sanitation 
has broken down. These are all indications that the crisis in Zimbabwe 
is much greater, much worse than we ever could have imagined.''
    On December 10, the UN Security Council held a closed-door meeting 
to discuss the humanitarian and political crisis in Zimbabwe. Although 
the Council agreed the humanitarian situation was appalling, Russia and 
South Africa opposed UN intervention and stated the crisis should be 
solved through regional negotiations.
    In 2007 parliament unanimously approved Constitutional Amendment 
18, which provides for the establishment of a parliamentary human 
rights commission. However, critics charged that the law would restrict 
efforts by international human rights organizations to accurately 
report on the country's human rights situation. No further action was 
taken toward establishing the commission by year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law provide that no person can be deprived of 
fundamental rights, such as the right to life, liberty, and security of 
person, based on one's race, tribe, place of origin, political 
opinions, color, creed, gender, or disability; however, the 
constitution allows for discrimination, primarily against women, on the 
grounds of ``customary law.'' Discrimination against women and persons 
with disabilities remained problems. The Government and ruling party 
infringed on the right to due process, citizenship, and property 
ownership in ways that affected the white minority disproportionately.

    Women.--The law makes rape and nonconsensual sex between married 
partners a crime; however, few cases of rape, especially spousal rape, 
were reported to authorities because women were unaware that spousal 
rape was a crime and feared losing the support of their families, 
particularly in rural areas. The criminal code defines sexual offenses 
as rape, sodomy, incest, indecent assault, or immoral or indecent acts 
with a child or person with mental disabilities and provides for 
penalties up to life in prison for sexual crimes. Police acted on 
reported rape cases not associated with political violence, and the 
Government media frequently published stories denouncing rape and 
reporting convictions. In many cases the victims knew their rapists. 
The criminal code also makes it a crime to knowingly infect anyone with 
HIV. Local NGOs dealing with women's rights reported that rape cases 
were brought to the court and there were convictions; however, 
statistics were unavailable.
    According to one local NGO, at least 50 women were raped during 
election-related violence leading up to the June 27 run-off election. 
Because rape was underreported, NGOs believe the actual number was much 
higher.
    Domestic violence against women, especially wife-beating, continued 
to be a serious problem. In 2006 the Musasa Project, a local NGO that 
worked for the protection and promotion of women's rights, reported 
that approximately one-third of women in the country were in an abusive 
marital relationship. Most cases of domestic violence went unreported 
due to traditional sensitivities and fear of economic consequences for 
the family. Authorities generally considered domestic violence to be a 
private matter and usually only arrested an offender for assault if 
there was physical evidence of abuse. There were newspaper reports of 
wife killings, and there were a few reports of prosecutions and 
convictions for such crimes. For example, in May, seven women were 
reported killed in incidents of domestic violence. In one of the cases, 
a man killed his pregnant wife when she prepared the wrong meal for 
him. There were no prosecutions in any of these cases. In May a police 
officer was sentenced to 15 years in prison for the 2005 murder of his 
wife after a dispute over a cell phone.
    In May dozens of civil society and women's groups sent a petition 
to the UN Human Rights Council in Geneva calling for international 
assistance in ending the violence. The petition stated that because 
violence was predominant in rural areas where 80 percent of women 
lived, women and children were suffering disproportionately.
    In October 2007 the Government enacted the Domestic Violence Act, 
which criminalizes domestic violence and provides enhanced protection 
for victims of abuse; the act was viewed as a milestone by women's 
rights groups. The law provides for a fine and a maximum prison 
sentence of 10 years. The Ministry of Women's Affairs and local women's 
groups coordinated efforts to develop an implementation strategy after 
the act passed parliament in 2006. Government media reported that 
police charged Clement Chaplin Kanyoka under the Domestic Violence Act 
for the December 2007 killing of his wife. He was released on bail in 
January, and the case was pending at year's end.
    During the year the Government continued a public awareness 
campaign on the act. Several women's rights groups worked with law 
enforcement and provided training and literature on domestic violence 
as well as shelters and counseling for women. Local women's rights 
groups reported that awareness of domestic violence increased; however, 
the press reported that the act has proven difficult to implement, as 
the form to report domestic violence to the police is 30 pages long, 
making it difficult to complete and photocopy.
    Prostitution is illegal, and several civil society groups offered 
anecdotal evidence that the country's worsening economic problems were 
forcing more women and young girls into prostitution. There were 
increasing reports that women and children were sexually exploited in 
towns along the borders with South Africa, Botswana, Mozambique, and 
Zambia. During the year there were numerous media reports regarding 
concerted efforts by police to halt prostitution throughout the 
country. Police arrested both prostitutes and their clients during the 
year.
    Labor legislation prohibits sexual harassment in the workplace and 
an employer may be held liable for civil remedies if found in violation 
of provisions against ``unfair labor practices'' including sexual 
harassment. The penalties for these violations are not specified in the 
law. Women commonly faced workplace sexual harassment, government 
enforcement was not effective, and there were no reports of any 
prosecutions during the year.
    Despite laws aimed at enhancing women's rights and countering 
certain discriminatory traditional practices, women remained 
disadvantaged in society. Economic dependency and prevailing social 
norms prevented rural women in particular from combating societal 
discrimination. Despite legal prohibitions, women remained vulnerable 
to entrenched customary practices, including pledging young women to 
marry partners not of their choosing and forcing widows to marry the 
brothers of their late spouses.
    The law recognizes women's right to own property independently of 
their husbands or fathers; however, many women continued to be unaware 
of their property and inheritance rights. Divorce and maintenance laws 
were equitable, but many women lacked awareness of their rights.
    Women and children continued to be adversely affected by the 
Government's forced evictions and demolition of homes and businesses in 
several cities and towns. Many widows who earned their income in the 
informal economy or by renting out cottages on their property lost 
income when their market stalls or cottages were destroyed. Widows 
faced particular difficulties when forced to relocate to rural areas. 
Traditionally, women joined their husband's family when married and 
were considered an unwanted burden by their childhood families. 
Likewise, they were sometimes unwelcome in their husband's family in 
rural areas where resources were already strained.
    The Ministry of Women's Affairs, Gender, and Community Development 
continued its efforts to advance women's rights. The ministry, through 
collaboration with local NGOs, continued training workshops for 
traditional leaders in rural communities to create more awareness on 
women's issues. Women's Affairs Minister Oppah Muchinguri maintained 
``gender units'' in every ministry. The Government gave qualified women 
access to training in the military and national service. Although there 
were advances for women within the armed forces in recent years, they 
continued to occupy primarily administrative positions. In recent years 
women progressed in health and education but in general were 
concentrated in the lower echelons of the workforce, especially in the 
financial industry. Women held positions of importance in the 
legislative and executive branches of the Government. NGOs reported 
that anecdotal evidence indicated women experienced economic 
discrimination including access to employment, credit, pay, and owning 
or managing businesses. However, detailed information was not 
available.
    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 did not improve during the year. Declining socioeconomic 
conditions, violence, and a dysfunctional education system continued to 
place more children at risk. According to statistics from UNICEF, one-
quarter of the country's children were orphans, and 100,000 children 
lived in child-headed households. The education system experienced its 
worst year on record.
    In 2007 the Ministry of Public Service, Labor, and Social Welfare 
and the UNICEF formalized agreements with 21 NGOs to advance the 
National Action Plan for Orphans and Vulnerable Children (NAP for OVC), 
designed to ensure that orphans and vulnerable children were able to 
access education, food, health services, and birth registration and 
were protected from abuse and exploitation. UNICEF reported that the 
NGOs involved in the program had reached just over 200,000 OVC with 
comprehensive support and protection since the beginning of the 
program. However, the Government-imposed NGO ban between June and 
August negatively affected the program, putting vulnerable children at 
greater risk.
    Although legislation existed to protect children's rights, it was 
difficult to administer and enforce, primarily due to a lack of funding 
and resources. Many orphaned children were unable to obtain birth 
certificates, which the Child Protection Society reported made it 
difficult for the children to enroll in school and access health 
services; however, the Government made improvements in 2007 by 
decentralizing the authority to issue birth certificates to local 
Registrar General offices throughout the country.
    Primary education is not compulsory, free, or universal for any 
children. According to the UNICEF Humanitarian Action Report 2008: 
Zimbabwe, the educational system was ``characterized by low enrolment 
rates, declining attendance and completion rates, low transition rate 
to secondary school and insufficient learning spaces, teachers and 
learning materials.'' Many schools attempted to charge school fees in 
foreign currency, fuel coupons, or even livestock, as the value of 
local currency continued to fall. Many parents complained that they did 
not have access to resources to pay school fees. In October the two 
main teachers' unions jointly called for the school year to be 
cancelled, labeling it a ``wasted year.'' Election preparations, 
elections, election-related violence, teacher strikes, and teacher 
salaries that were lower than commuting costs contributed to repeated 
disruptions to effective learning during the year. One teachers' union 
estimated students averaged only 23 days of formal instruction in the 
entire academic year.
    UNICEF estimated 82 percent net primary school enrollment through 
2005; however, school attendance declined dramatically during the year. 
At year's end UNICEF estimated that just 20 percent of children 
attended school. This decline resulted from severe economic hardship, 
displacement of thousands of children from their homes as a result of 
election-related violence, emigration of qualified teachers, the 
inability to pay school fees, and Operation Murambatsvina. The highest 
level achieved by most students was primary level education. UNICEF 
figures through 2005 showed a net secondary school enrollment of 35 
percent for boys and 33 percent for girls.
    In most regions of the country, fewer girls than boys attended 
secondary school. If a family was unable to pay tuition costs, it was 
most often female children who left school. The Child Protection 
Society reported that girls were more likely to drop out because they 
were more readily employable, especially as domestic workers. In 2006, 
in collaboration with UNICEF and other partners, the Government 
launched a National Girls' Education Strategic Plan to increase the 
likelihood of achieving universal primary education and ensuring that 
girls stayed in school.
    Child abuse, including incest, infanticide, child abandonment, and 
rape continued to be serious problems during the year. Police 
statistics showed that child rape tripled between 2005 and 2007. 
Anecdotal evidence suggested that a relative or someone who lived with 
the child was the most common abuser. Girl Child Network reported that 
girls believed to be virgins were at risk for rape due to the belief 
among some that having sex with a virgin would cure men of HIV and 
AIDS. In February UNICEF and the Government launched the ``Stand Up and 
Speak Out'' child abuse awareness and prevention campaign.
    The traditional practice of offering a young girl in marriage as 
compensatory payment in interfamily disputes continued during the year, 
as did arranged marriage of young girls. The legal age for a civil 
marriage is 16 for girls and 18 for boys. Customary marriage, 
recognized under the Customary Marriages Act, does not provide for a 
minimum marriage age for either boys or girls; however, the criminal 
code prohibits sexual relations with anyone younger than 16 years of 
age. According to UNICEF in 2006, 29 percent of young women married 
when they were under 18 years of age. Child welfare NGOs reported that 
they occasionally saw evidence of underage marriages, particularly in 
isolated religious communities or among orphans with HIV/AIDS.
    The Government gave preference to national youth service graduates 
among those entering and those seeking employment in the civil service, 
especially in the security forces. The stated purpose of the training 
camps was to instill national pride in youth, highlight the history of 
the struggle for independence, and develop employment skills; however, 
news reports quoted deserters as saying that the camps subjected 
trainees to partisan political indoctrination as well as military 
training. There were numerous credible reports that graduates were used 
by the Government to carry out political violence.
    With 1.6 million orphans with HIV/AIDS, the country had the world's 
highest percentage of orphaned children at one in four, and the number 
increased during the year. Ninety percent of orphans were cared for by 
the extended family. 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. Orphaned children were more likely to be 
abused, not to be enrolled in school, and to suffer discrimination. 
Some children were forced to turn to prostitution as a means of income.
    UNICEF estimated that at least 10,000 children were displaced in 
election-related violence. At year's end NGOs were uncertain how many 
children remained affected. The continuing economic decline and the 
Government's lack of support for social welfare institutions 
contributed to a noticeable increase from the estimated 12,000 street 
children throughout the country. NGOs operated training centers and 
homes for street children and orphans, and government officials 
referred children to these centers.

    Trafficking in Persons.--No laws specifically address trafficking 
in persons, and the country was a source, transit, and destination 
country for trafficking in persons.
    Trafficking was a serious problem. NGOs, international 
organizations, and governments in neighboring countries reported an 
upsurge in Zimbabwean emigrants facing conditions of exploitation. 
Rural children were trafficked into farms or cities for agricultural 
labor, domestic servitude, and commercial sexual exploitation, often 
under the false pretenses of job or marriage proposals, according to 
one NGO. Reports suggested that those children in desperate economic 
circumstances, especially those in families headed by children, were 
most at risk. Women and children were reportedly trafficked for sexual 
exploitation in towns along the borders with the four neighboring 
countries. In recent years, women and girls were lured to South Africa, 
China, Egypt, the United Kingdom, Canada, and Zambia with false 
employment offers that resulted in involuntary domestic servitude or 
commercial sexual exploitation. Women and children from the Democratic 
Republic of the Congo, Malawi, Mozambique, and Zambia were trafficked 
through the country to South Africa. Small numbers of South African 
girls were trafficked to the country for forced domestic labor.
    Traffickers were typically independent businesspersons who were 
part of small networks of local criminal groups that facilitated 
trafficking within the country, as well as into South Africa or other 
surrounding countries. Anecdotal reporting indicated that traffickers 
approached a potential victim, usually young women or girls, with the 
offer of a lucrative job in another part of the country or in a 
neighboring country. Many young men and boys were exploited by 
``guides'' when they attempted to cross the border illegally into South 
Africa to find work. Trafficked citizens often labored for months 
without pay in South Africa before their ``employers'' reported them to 
authorities as illegal immigrants. Traffickers often transported 
victims covertly across borders at unrecognized border crossing points. 
The use of child laborers, especially as farm workers or domestic 
servants, was common in the country, often with the complicity of 
family members.
    The constitution and law prohibit forced or compulsory labor, 
including by children, with the exception of working for parents or the 
national youth service. Forced labor is punishable by a fine, two 
years' imprisonment, or both. It is a crime under the criminal code to 
transport persons across the border for sex. The law provides for a 
fine and a maximum prison sentence of two years (10 years if the victim 
is under the age of 16) for procuring another person to become a 
prostitute, whether inside or outside the country. Traffickers also can 
be prosecuted under other legislation such as immigration and abduction 
laws.
    The Government demonstrated interest in combating trafficking; 
however, it did not devote sufficient resources to investigating and 
prosecuting cases.
    The primary government authority to combat trafficking was the ZRP 
which relied on NGOs to alert them to cases. During the year some 
traffickers were arrested, but none of the arrests resulted in 
prosecutions. The Interpol National Central Bureau Zimbabwe's 
``antitrafficking desk'' was staffed with ZRP officers who assisted 
with international investigations.
    There were reports suggesting that corruption in law enforcement, 
especially at the local level, directly or indirectly facilitated 
trafficking. The Government took steps during the year to educate and 
train officials to combat trafficking. Government officials attended 
International Organization for Migration (IOM) seminars on trafficking 
during the year. IOM held numerous sector-specific training workshops 
during the year: four for law enforcement, three for social services 
professionals, three for faith-based organizations, and three for 
health and hygiene officials.
    In January the Government signed a memorandum of understanding with 
the South African government for a joint project to regularize the 
status of illegal Zimbabwean migrant farm workers in South Africa's 
Limpopo Province and ensure them proper employment conditions.
    Although the Government lacked resources to provide protective 
services on its own, the police Victim Friendly Unit, social services, 
and immigration officials utilized an established process for referring 
victims to international organizations and NGOs that provided shelter 
and other services. The Government coordinated closely with the IOM-run 
migrant reception center in the town of Beitbridge on the border with 
South Africa, which provided social and reintegration services to the 
large number of illegal migrants repatriated from South Africa. In May 
IOM opened a second reception center in the town of Plumtree on the 
border with Botswana on government-allocated land.
    Victims suffering from child or domestic abuse were treated with 
special procedures in victim-friendly courts, and trafficked persons 
had the option to take cases before such courts. Local immigration and 
social services officials referred trafficking victims to NGO-funded 
centers. Save the Children Norway also offered shelter and referrals 
for medical attention at the IOM reception centers in Beitbridge and 
Plumtree for unaccompanied children and trafficking victims.
    The Government-run media prominently featured articles about 
trafficking in persons, and the Government had prevention programs to 
provide alternatives for children at risk. The Government also 
continued to cooperate with the IOM and Interpol in a public awareness 
radio campaign in five languages that led to the identification of 
several victims during the year. In December the IOM and local NGO 
Oasis Zimbabwe launched an antitrafficking hotline.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, access 
to public places, and the provision of services; however, the lack of 
resources devoted to training and education severely hampered the 
ability of persons with disabilities to compete for scarce jobs. The 
law stipulates that government buildings be accessible to persons with 
disabilities, but implementation has been slow. NGOs continued to lobby 
to include persons with albinism in the definition of ``disabled'' 
under the law. Persons with disabilities faced harsh societal 
discrimination. Traditional belief viewed persons with disabilities as 
bewitched, and children with disabilities often were hidden when 
visitors arrived. In September the Government announced it was 
reviewing the Disabled Persons Act, the Mental Health Act, and the 
constitution to align them with the Convention on the Rights of People 
with Disabilities; no further action was taken by year's end.
    According to the National Association of Societies for the Care of 
the Handicapped (NASCOH), persons with disabilities continued to be a 
forgotten and invisible group in society. For example, although an 
estimated 10 percent of citizens had disabilities, the sector has 
largely been marginalized from HIV/AIDS intervention programs. Except 
for a short period in the 1990s, instructions on the use of condoms 
have never been distributed in Braille for the visually impaired, and 
no efforts were made to advertise condoms in sign language for the 
deaf. There was no HIV/AIDS information in Braille. The organization 
also reported that only 33 percent of children with disabilities had 
access to education.
    Voter turnout by persons with disabilities in the March 29 election 
was low; only 245 of approximately 30,000 persons with disabilities in 
Harare voted. NASCOH reported that 48 persons with disabilities served 
as election observers in Harare in the March elections.
    The amendments to electoral laws changed voting procedures for the 
disabled. On February 29, ZEC issued a notice explaining that ``only 
the Presiding Officer and two other Electoral Officers or employees of 
the Commission will assist any voter who requests to be assisted.'' 
Some groups complained that this violated persons with disabilities' 
right to cast their votes in secret. Ahead of the June 27 run-off, 
there were widespread reports that ZANU-PF militias and war veterans 
instructed voters to claim blindness at the polling place in order to 
be assisted to vote for Mugabe.
    In May NASCOH denounced the ongoing political violence, 
particularly because the violence was resulting in permanently 
disabling injuries. NASCOH stated that organizations providing support 
and rehabilitation for persons with disabilities were already 
overstretched and could not afford to also provide for persons who were 
newly disabled.
    Operation Murambatsvina in 2005 severely affected persons with 
disabilities and, according to the UN special envoy's report on the 
operation, the Government held approximately 50 persons with physical 
and mental disabilities without care at a transit camp separated from 
the rest of the camp population. The Government broadcast a regular, 
prime-time program on state radio to promote 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 was some tension between the white 
minority and other groups, between the Shona majority and the Ndebele 
minority, and among the various Shona subgroups.
    The Government continued its attempts to attribute the country's 
economic and political problems to the white minority and Western 
countries. On some occasions, President Mugabe, members of his 
government, and the Government-controlled media attempted to reignite 
resentment of the white minority. Ruling party supporters seldom were 
arrested or charged for infringing upon minority rights, especially 
those of the white commercial farmers targeted in the land 
redistribution program.
    On March 9, Mugabe signed the Indigenization and Economic 
Empowerment Bill into law. The bill's official purpose was to increase 
participation of indigenous citizens in the economy with the ultimate 
objective of at least 51 percent indigenous ownership of all 
businesses. An indigenous Zimbabwean was defined as any person, or the 
descendant of such person, who before April 18, 1980-the date of the 
country's independence-was disadvantaged by unfair discrimination on 
the grounds of his or her race. The bill was criticized as an attempt 
to create patronage for ZANU-PF.

    Other Societal Abuses and Discrimination.--Over a period of years, 
Mugabe publicly denounced homosexuals, blaming them for Africa's ills. 
Although there was no statutory law proscribing homosexual practice, 
common law prevents homosexual men, and to a lesser extent, lesbians, 
from fully expressing their sexual orientation and, in some cases, 
criminalizes the display of affection between men. In 2006 the 2004 
amended criminal code became effective, broadening the definition of 
sodomy to include ``any act involving physical contact between males 
that would be regarded by a reasonable person to be an indecent act.''
    The Government had a national HIV/AIDS policy that prohibited 
discrimination against persons living with HIV/AIDS, and the law aims 
to protect against discrimination of workers in the private sector and 
parastatals. Despite these provisions, societal discrimination against 
persons affected by HIV/AIDS remained a problem. Although there was an 
active information campaign by international and local NGOs, the 
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.
Section 6. Worker Rights
    a. The Right of Association.--While the law provides private sector 
workers with the right to form or join unions without prior 
authorization, and workers exercised these rights, they were not always 
respected in practice. The 2005 Labor Amendment Bill eliminated 
previous public sector worker rights and excluded such employees from 
protection under labor laws, placing them instead under the Public 
Service Act, which does not provide for the right to form and belong to 
trade unions, collective bargaining, strikes, or alternative dispute 
resolution mechanisms. These restrictions, however, were not enforced 
in practice. Public sector employees participated in unions and 
professional organizations. Some, particularly teachers and medical 
professionals, mounted increasingly vocal lobbies for improved wages 
and conditions during the year; however, union leaders and members were 
harassed, arrested, and beaten during the year. The Government also 
restricted union activity indirectly by defining all senior employees 
as managers even though such employees did not enjoy benefits attached 
to the title; this was not widely enforced in practice. Employees in 
positions designated as managerial were excluded from general union 
membership. Unions must be registered with the Ministry of Public 
Service, Labor, and Social Welfare.
    During the year approximately 300,000 persons belonged to the 36 
unions that form the Zimbabwe Congress of Trade Unions (ZCTU); 
approximately 65 percent of industries were unionized. The overall size 
of the formal sector shrank, but no estimates were available at year's 
end.
    The Zimbabwe Federation of Trade Unions (ZFTU), a government-
created alternative labor body, continued to support splinter unions in 
each economic sector; however, there was no evidence that either 
employers or employees viewed the splinter unions as legitimate. 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, and were not 
particularly influential during the year.
    The Government openly targeted the ZCTU, declaring it aligned with 
the opposition MDC. Some pro-ZANU-PF employers declared their shops 
off-limits to the ZCTU. The Government continued to use POSA to limit 
the ZCTU and its affiliates' ability to meet with and consult their 
constituencies, although the law does not apply to labor unions. For 
example, unions were prevented from holding meetings with their 
members, sometimes by the police and under threat of arrest. In 
preparation for Worker's Day celebrations on May 1, ZCTU submitted 
requests to hold events at 34 venues; five were denied. In some cases, 
police did not provide a justification for the refusal.
    On May 7, ZCTU President Lovemore Matombo and Secretary General 
Wellington Chibebe were arrested and charged with communicating 
falsehoods prejudicial to the state at a Worker's Day celebration. The 
two were granted bail on May 19. Matombo and Chibebe appealed their 
case, asserting their right to free speech; the case was referred to 
the Supreme Court and was pending at year's end. Other unions were also 
targeted. For example, on February 18, nine members of the Progressive 
Teachers Union of Zimbabwe (PTUZ) were detained and beaten by police 
officers and ZANU-PF youths after three PTUZ members were accosted by 
ZANU-PF youths while distributing flyers. Initially, the nine were 
taken to a ZANU-PF office where they were beaten with iron bars and 
forced to recite ZANU-PF slogans; they were subsequently taken to 
Harare Central Police Station. Lawyers and the Chairperson of the 
Zimbabwe Association of Doctors for Human Rights (ZADHR) negotiated 
their release to a hospital under police guard. All nine sustained 
injuries including broken bones and serious bruising. No action was 
taken against the perpetrators. On February 26, five of the assaulted 
union members were arrested on charges of creating a criminal nuisance 
and were subsequently released; no further action was taken.
    Throughout the country, teachers had served as poll officials in 
the March election. In the period between the March election and the 
June run-off, PTUZ members were targeted for their perceived support 
for and role in the MDC's victories on March 29. For example, on June 
6, war veterans abducted a PTUZ member in Gokwe and held him captive 
and beat him for nine hours. On June 7, war veterans beat up PTUZ Gokwe 
coordinator Moses Mhaka and stole his identity card. On June 9, ZANU-PF 
supporters and war veterans stormed and ransacked PTUZ's Gokwe office. 
Similar incidents occurred in other areas.
    In June the International Labor Organization's (ILO) Application of 
Standards Committee, in its report on trade union rights abuses, 
included cases filed by the ZCTU concerning violations of freedom of 
association and protection of the right to organize for the second 
consecutive year. Zimbabwe was one of two countries the committee 
criticized regarding implementation of ILO Convention 87, which deals 
with freedom of association. The committee called on the Government to 
halt arrests, detentions, and threats, and criticized it for refusing 
to appear before the committee for two consecutive years to face the 
allegations. The International Trade Union Confederation also 
criticized government harassment of unions during the year.
    Although the Labor Relations Amendment Act (LRAA) explicitly 
recognizes the right to strike, it is circumscribed with procedural 
limits including 14-day advance-notice requirements, mandated 30-day 
reconciliation periods, possible mandatory referral to binding 
arbitration. It also requires that at least 50 percent of employees 
vote for a strike, although workers protesting health and safety 
standards or lack of equipment may strike without the notification and 
arbitration procedure. 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 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.'' Managers were also prohibited from striking, and, in some 
industries, the Government defined most employees as managers.
    In practice, the Government harassed and arrested union leaders who 
called for strikes and union members who attempted to participate in 
strikes. Government-imposed delays prevented most employees and their 
unions from declaring legal strikes, and those who participated in 
strikes deemed illegal faced government intimidation and sentences of 
up to five years in prison.
    On September 18, three weeks into a nationwide teachers strike, 
PTUZ President Takavafira Zhou was arrested and charged with 
``insulting the president'' for allegedly describing an employee in the 
president's office as a dog. His jailers accused him of ruining their 
children's education through his role in calling the strike. The 
officer responsible for the arrest told the press, ``if he interferes 
with the education of our children, we will deal with him and his 
group.we will not allow criminals to destroy the education system.'' 
The case was pending at year's end.

    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. Public sector 
employees do not have the right to collective bargaining, strike, or 
alternative dispute resolution mechanisms; however, these restrictions 
were not enforced in practice. For example, the Apex Council, which 
represents civil servants, negotiated with the Government over 
salaries. Teachers, the largest civil servant sector, engaged in labor 
actions during the year.
    The minister of labor retained the power to veto agreements that he 
believed would harm the economy, but he did not involve himself 
directly in labor negotiations unless requested to do so by one of the 
parties.
    Although the law prohibits antiunion discrimination, in practice 
union members faced discrimination and harassment. A labor court 
handled complaints of such discrimination under the mechanism for 
resolving cases involving ``unfair labor practices.'' The determining 
authority may direct that workers fired due to antiunion discrimination 
be reinstated, although this did not happen in practice.
    The Export Processing Zones Act states the LRAA does 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, with the exceptions 
of working for parents or the national youth service; however, such 
practices occurred. Forced labor is punishable by a fine, two years' 
imprisonment, or both. Forced labor by children occurred. Child labor 
occurred across a wide range of sectors; however, no detailed 
information was available on the extent of forced child labor. Although 
many children may not have been physically forced to engage in economic 
activities, economic realities and the lack of public education forced 
many to work.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the LRAA, child labor is punishable by a fine, two 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 ``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 remains the minimum 
for light work, work other than apprenticeship, or work associated with 
vocational education.
    The Government released the 2004 Child Labor Report in March 2006. 
According to the survey, approximately 46 percent of children between 
the ages of five and 17 were engaged in economic activity. The 
unemployment rate continued to grow, with some estimates as high as 90 
percent, which decreased the number of children employed in the formal 
sector. However, the incidence of children who worked in the informal 
sector continued to increase as more children worked to fill the income 
gap left by ill, unemployed, underemployed, or deceased relatives. 
Children often lacked access to necessary safety equipment and 
training. Children worked in the agricultural sector, as domestics, in 
illegal gold and diamond mining, as street vendors, and as car-
watchers. In addition there were reports of an increasing number of 
girls engaged in prostitution. Although the Government and NGOs 
increasingly discussed the problem of child labor in the agricultural, 
domestic, and informal sectors, concrete data on the number of cases 
remained difficult to evaluate and confirm. An August 2007 survey by a 
domestic NGO documenting child labor reported that approximately one-
third of children were working. Given the continued economic downturn 
and reduction in school hours, the organization believes the percentage 
of children working was higher during the year.
    Most economically active children still worked in the agriculture 
industry and were also involved in mining, domestic labor, and the 
informal economy. Children worked in all aspects of tobacco farming, 
from planting to preparation of leaves for sale; in the forestry 
regions of the eastern highlands; and on tea and coffee plantations and 
small farms. Children worked on cotton farms; one NGO reported that 
school attendance rates declined in cotton growing areas during the 
harvest. In cities, children commonly worked as street vendors and as 
guards for parked automobiles. Throughout the country, children, 
particularly girls, worked as domestic laborers, often for family 
members. Information on the extent to which child labor occurred in the 
production of commercial products was not available. At year's end 
reports emerged that children as young as twelve living near the 
Chiadzwa diamond mine in Manicaland were working under the guard of 
security forces in diamond fields. It was unclear if this labor was 
forced. There was no evidence that children were subjected to some of 
the worst forms of child labor, including slavery, production of 
pornographic material, or illicit activities. Children working in 
agriculture, mining, and as street vendors faced threats to their 
health and safety.
    Some employers did not pay wages to child domestic workers, 
believing they were assisting a child from a rural home by providing 
housing and board. In addition some employers paid the parents for the 
child's work. Relatives often used AIDS-orphaned children as domestics 
without pay. There were also reports from NGOs that police rounded up 
street children and took them to work on farms without pay.
    The Department of Social Welfare in the Ministry of Labor is 
responsible for enforcing child labor laws, but the department lacked 
the human resources to carry out inspections or any other monitoring. 
In 2007 the Ministry of Public Service, Labor and Social Welfare signed 
a memorandum of understanding with the ILO to collaborate on a 
multiphase program for the elimination of the worst forms of child 
labor. The program was expected to address child labor issues and the 
implementation of ILO Convention 182, including identifying the worst 
forms of child labor and implementing activities pertaining to the 
prevention of child labor and the protection of working children. In 
July the Government and the ILO launched a nationwide survey on the 
worst forms of child labor; the survey had not yet been released at 
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. The 
minimum wage did not provide a decent standard of living for a worker 
and family, and more than 85 percent of the population continued to 
live below the Government's poverty line. The Ministry of Public 
Service, Labor, and Social Welfare is responsible for enforcing the 
minimum wage; however, monitoring systems were ineffective, and many 
agricultural and domestic workers were remunerated below the minimum 
wage. Minimum wages in the formal sector changed continuously as a 
result of the high inflation rate. During the year, the ILO reported 
that four of five jobs in the country were in the informal sector, 78 
percent of which were in the agriculture. These jobs generally provided 
extremely low cash income and poor working conditions and did not offer 
adequate worker protections.
    The maximum legal workweek is 54 hours, and the law prescribes a 
minimum of one 24-hour rest period per week. No worker is allowed to 
work more than 12 continuous hours; however, there was little or no 
enforcement, particularly in the agricultural and domestic worker 
sectors. The law prescribes that workers receive not less than twice 
their standard remuneration for working on a public holiday. However, 
workers were unlikely to complain to authorities about violations due 
to fear of losing their jobs.
    The public service commission sets conditions of employment in the 
public sector. Health and safety standards were determined on an 
industry-specific basis. The Government designated the Zimbabwe 
Occupational Safety Council, a quasi-governmental advisory body made up 
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 National Social 
Security Authority (NSSA) continued to experience difficulty monitoring 
the thousands of work sites across the country; however, it continued 
to close shops and factories not in compliance. The NSSA reported in 
2007 that a high turnover in staff meant that only 20 of 31 safety and 
health inspector positions were filled to monitor an estimated 14,000 
registered factories. In 2007 government media reported 64 workplace 
fatalities and 5,568 injuries through November. By year's end the 
Government had not taken action to address health risks in the 
workplace. Workers have a legal right to remove themselves from 
dangerous work situations without jeopardy to continued employment but 
in practice risked the loss of their livelihood if they did so.
    Information on the treatment of foreign and migrant workers was not 
available. The Government considered many commercial farm workers 
foreigners, due to foreign-born heritage.

                               __________


 
                       EAST ASIA AND THE PACIFIC

                              ----------                              


                               AUSTRALIA

    Australia is a constitutional democracy with a federal 
parliamentary government. Its population was approximately 21.4 
million. Citizens periodically choose their representatives in free and 
fair multiparty elections. In federal parliamentary elections held in 
November 2007, the Australian Labor Party (ALP) defeated the governing 
Liberal Party and National Party coalition, and in December ALP leader 
Kevin Rudd became prime minister. Civilian authorities generally 
maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. Problems were reported in a 
few areas, including domestic violence against women and children, and 
societal discrimination against Aboriginal people.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these provisions in practice. However, there were 
occasional reports that police and prison officials mistreated suspects 
in custody. Some indigenous groups charged that police harassment of 
indigenous people was pervasive and that racial discrimination by some 
police and prison custodians persisted.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the armed forces and police, and the 
Government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest and Detention.--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 committed an offense. Police 
must inform arrested persons immediately of their legal rights and the 
grounds for their arrest, and arrested persons must be brought before a 
magistrate for a bail hearing at the next sitting of the court. 
However, the law permits police to hold individuals in preventive 
detention for up to 24 hours without charge if a senior police official 
finds it is ``reasonably necessary to prevent a terrorist act or 
preserve evidence of such an act.'' Individuals may be detained for an 
additional 24 hours under an extension of the initial court order. 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. Government-provided 
attorneys are available to provide legal advice to detainees who cannot 
afford counsel.
    The law permits a judge to authorize ``control orders'' on 
individuals suspected of involvement with terrorism-related activities. 
These orders may include a range of measures, such as monitoring of 
suspects and house arrest, and may be in effect for up to a year 
without the filing of criminal charges. If a control order is still 
warranted after one year, a new order must be sought from a court. Both 
the preventive detention and control order provisions expire in 2015. 
The law mandates a review of these provisions in 2010.
    In March the Government initiated an inquiry into the July 2007 
detention of Mohamed Haneef, including an examination of ``any 
deficiencies in the relevant laws'' under which he was detained. 
Haneef, an Indian doctor working at a Queensland hospital on a 
temporary visa, was held by police for 12 days before being charged 
with recklessly providing support to a terrorist group in connection 
with a failed terrorist attack in the United Kingdom. The charges were 
dropped later the same month. Although the law states that the maximum 
investigation period a person can be held without charge is 24 hours 
(unless extended by court order), it also provides that the allowable 
time for questioning a suspect can be spread across an unspecified 
number of days (a concept known as ``dead time'')--a provision 
criticized by human rights groups, the media, and the legal profession. 
In its report, released on December 23, the inquiry body stated it 
found no evidence connecting Haneef to terrorist activities. It 
recommended an independent review of counterterrorism laws, changes to 
investigation procedures, and better coordination between intelligence 
and law enforcement agencies. In response the Government stated it 
would implement most of the recommendations.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. In the 
state district and county courts and the state and territorial supreme 
courts, there generally are a judge and jury for serious offenses. The 
judge conducts the trial, and the jury decides on the facts and the 
verdict. Defendants have the right to an attorney, and government-
funded attorneys are 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. The law extends these rights to all 
citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.
    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. There is also an 
administrative process at the state and federal levels to seek redress 
for alleged wrongs by government departments. Generally, administrative 
tribunals may only review a government decision if the decision is in a 
category specified under a law, regulation, or other legislative 
instrument as subject to a tribunal's review.

    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.--Although the constitution does not 
explicitly provide for freedom of speech or of the press, the High 
Court has held that a right to freedom of expression is implied in the 
constitution, 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 April police raided The Sunday Times office in Perth. They 
executed a search warrant for Western Australia (WA)State government 
cabinet documents relating to an article reporter Paul Lampathakis 
wrote in February about a A$16 million (approximately $10.2 million) 
advertising bill charged to taxpayers apparently to help reelect the WA 
government. In July a WA parliamentary committee asked Lampathakis to 
reveal his source; he refused to comply. The then WA premier 
characterized the raid as a ``complete overreaction,'' and as of year's 
end, the WA parliament had taken no further action in the case.
    In September the Australian Federal Police (AFP) searched the home 
of Canberra Times reporter Philip Dorling, acting on warrants alleging 
that he and an unnamed public servant had committed four breaches of 
the Commonwealth Crimes Act by communicating confidential government 
information or documents. However, as of year's end no charges had been 
brought against Dorling.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was widely available and widely used by citizens.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--While the rights 
of peaceful assembly and association are not codified in law, 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.

    Societal Abuses and Discrimination.--According to the 2006 census, 
the country's Jewish community numbered 88,832 persons. In the 12-month 
period ending September 30, an annual report on anti-Semitism in the 
country written by the director of international and community affairs 
of the Australia/Israel and Jewish Affairs Council, a nongovernmental 
organization (NGO), recorded 652 anti-Semitic incidents. This was 
approximately twice the annual average of the previous 18 years and 2 
percent higher than 2007, the previous record year. These incidents 
included physical assault, property damage, harassment, and offensive 
written and electronic media. Among the 58 recorded incidents of 
assault during the reporting period were an Orthodox man punched in the 
face in Sydney in January and four Orthodox Jews assaulted in Perth in 
May. The report also expressed concern about an increase in assaults 
on, and harassment of, Jewish families walking to and from synagogues, 
and anti-Jewish material posted on online social networking sites such 
as Facebook and YouTube. On the other hand, the report's author noted 
that the situation improved moderately in most other areas, including 
the media, political life, and among extremist groups.
    In March the police in Victoria State established an intelligence 
desk focusing on attacks against the Jewish community. On August 19, a 
settlement was reached in a lawsuit filed by a Jewish man against the 
Victorian government and police for their response to a 2006 incident 
in which members of Melbourne's Ocean Grove Football Club assaulted the 
man. As part of the settlement, the Victorian deputy police 
commissioner acknowledged that an off-duty policeman at the scene had 
erred by not intervening at the earliest opportunity to assist the 
victim.
    In November approximately 400 persons held a rally in Gold Coast, 
Queensland State protesting a planned Islamic school. On December 1, 
approximately 200 residents demonstrated against the school. While some 
protestors stated that their opposition stemmed from concerns about 
parking issues, not religion, others asserted that Islamic schools led 
to further segregation of Muslims from the rest of the community. The 
mayor stated that the town had ``a very good mix of multicultural 
society'' and that he would support the school if it met local council 
planning criteria; a decision was expected in 2009.
    Following the rejection in May by the local council in Camden, New 
South Wales (NSW) of a 2007 proposal by the Quranic Society for a 1200-
student Islamic school, the society appealed to the Land and 
Environmental Court. The town councilors stated they had based their 
decision solely on planning grounds, citing a report on the school's 
environmental impact. The court ordered the society to provide an 
amended plan to the council; in response the society indicated it would 
reduce the size of its proposal in a bid to obtain council approval. 
However, in October the council rejected a new application from the 
society, which indicated it would pursue the matter further in court.
    The Government promoted acceptance of diversity through a number of 
programs, including public awareness programs conducted by the Human 
Rights and Equal Opportunity Commission (HREOC). The new government 
continued the A$3.3 million (approximately $2.1 million) National 
Action Plan for Social Cohesion, Harmony and Security, designed to help 
Muslim communities connect with the wider society, and the Living in 
Harmony program, which funded community projects to promote tolerance 
and combat racism. In December the Government announced the appointment 
of a 16-member Australian Multicultural Advisory Council to ``bring new 
cultural diversity perspectives to the Australian Government.''
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law does not address forced exile, but the Government did not 
use it in practice.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status and asylum and 
facilitated local integration. In practice the Government provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened.
    The Government funded refugee resettlement services such as 
language and employment programs.
    In February the Government transferred all remaining detainees at 
the country's offshore refugee processing center in Nauru to Australia 
for resettlement, and in March closed the center. In May the Government 
abolished Temporary Protection Visas (TPVs). Under the TPV scheme, 
unauthorized arrivals, in the first instance, could not be granted 
permanent visas.
    On July 29, the Government announced major changes to the mandatory 
detention policy for unauthorized arrivals. Under the new policy, 
following health, identity, and security checks, unauthorized arrivals 
are detained while their applications are being processed only if it is 
determined that they pose a threat to the community. Previously, with 
the exception of families with children, individuals could only be 
released pending full adjudication of their asylum claim if they met 
certain criteria, such as old age, ill health, or experience of torture 
or other trauma.
    The Department of Immigration and Citizenship (DIAC) provided 
immigration advice and assistance to persons making an initial asylum 
claim or application for lawful residence. DIAC also has a statutory 
obligation to facilitate access to legal representation for persons in 
immigration detention.
    As of September 12, there were 274 persons in immigration 
detention, the lowest level since 1994. The majority of detainees had 
breached their visa conditions. Although delays in processing asylum 
applications were not a significant problem during the year, a small 
number of asylum seekers had remained in long-term detention 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. The commonwealth ombudsman reviews all 
cases of persons in detention two years or more. In September the 
ombudsman reported that of the 19 persons in immigration detention 
longer than two years, only one remained and was awaiting removal from 
the country. The other 18 either were removed, granted a visa, or 
departed voluntarily.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic, free, and fair elections based on universal suffrage and 
mandatory voting.

    Elections and Political Participation.--In federal elections held 
in November 2007, the ALP won a majority of seats in the lower house of 
Parliament, and in December ALP leader Kevin Rudd became prime 
minister. Political parties could operate without restriction or 
outside interference.
    There are no legal impediments to public office for women and 
indigenous people. There were 67 women in the 226-seat federal 
Parliament (40 in the House of Representatives and 27 in the Senate). 
There were four female ministers in the 20-member federal cabinet, 
three women among the 10 ministers outside the cabinet, and three women 
among the 12 parliamentary secretaries. There was one woman among the 
eight premiers and chief ministers of the six states and two 
territories. The deputy prime minister was a woman, and there were two 
female judges on the High Court. On September 5, a woman was sworn in 
as governor-general, the first woman to hold that post.
    Aboriginals generally were underrepresented among the political 
leadership. There were no Aboriginals in the federal Parliament. There 
was one Aboriginal in the Tasmania State parliament, one in the NSW 
State parliament, two in the WA State parliament, and five in the 
Northern Territory (NT) legislative assembly. In November 2007 an 
Aboriginal woman became the highest ranking indigenous member of 
government in the country's history when she was appointed NT deputy 
chief minister, a position she retained. There was one Asian-Australian 
in the federal cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption.
    Queensland, WA, and NSW have independent anticorruption bodies that 
can investigate alleged government corruption, and every jurisdiction 
has an ombudsman who can investigate and make recommendations in 
response to complaints about government decisions. Public officials are 
subject to financial disclosure laws.
    On March 3, the NSW Independent Commission against Corruption 
(ICAC) recommended that the Wollongong local council be dismissed 
because of ``systemic corruption'' related to its handling of 
development applications. The next day the NSW government dismissed the 
council. In May ICAC announced a finding of ``serious corrupt 
contempt'' against a planner on that council. In WA the Corruption and 
Crime Commission charged public servants and politicians with 
misconduct and corruption in relation to their dealings with a 
lobbyist; there were nine convictions in that case.
    Federal, state, and territorial governments have freedom of 
information (FOI) laws that provide the public with access to 
government information, generally subject to both an application and a 
processing fee. Government information may be exempted from disclosure 
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 executive body that 
reviews administrative decisions by government entities. An adverse AAT 
decision may be appealed to the Federal Court of Australia.
    The Australian Press Association and others have criticized the FOI 
application process as unduly lengthy and costly, particularly with 
regard to requests for nonpersonal information. On August 5, the 
Government asked the Australian Law Reform Commission (ALRC) to review 
secrecy laws and issue a report by October 31, 2009. On August 11, the 
ALRC released a report recommending changes to the privacy laws, 
including simplification of the laws; removal of exemptions for 
political parties and small businesses; and stronger penalties for 
violations. Parliament did not enact any of the recommended changes by 
year's end.
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 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. 
HREOC investigates complaints of discrimination or breaches of human 
rights under the federal laws that implement the country's human rights 
treaty obligations.

    Women.--The law criminalizes rape, including spousal rape, and the 
Government enforced the law effectively when cases were reported to the 
authorities. Penalties for rape are prescribed in the laws of the 
individual states and territories.
    On June 13, the Court of Appeals upheld the Queensland State 
attorney general's appeal of the sentences imposed by a lower court on 
nine defendants who pleaded guilty in the 2006 gang rape of a 
developmentally disabled 10-year-old indigenous girl in her community 
of Aurukun in the Cape York area. None of the nine defendants 
originally received prison sentences. As a result of the appeal of the 
original sentences, the Court of Appeals sentenced five of the nine 
defendants to prison terms.
    The law prohibits violence against women, including domestic abuse, 
and the Government enforced the law. Nonetheless, violence against 
women remained a problem, particularly in Aboriginal communities.
    According to the Australian Bureau of Statistics (ABS), 
approximately one in three Australian women experienced physical 
violence during their lives, and almost one in five experienced sexual 
violence. Aboriginal women were 40 times more likely to be victims of 
family violence compared with other women. Domestic violence was 
believed to be widely underreported in indigenous communities; among 
reasons cited for this were cultural factors and the isolation of many 
indigenous communities. The federal and state governments funded 
programs to combat domestic violence and support victims, including 
funding of numerous women's shelters.
    Prostitution is legal or decriminalized in several states and 
territories, and the Governments of Victoria, Queensland, NSW, and the 
Australian Capital Territory (ACT) license brothels operating within 
their borders. However, some 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 ensure 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.
    The Sex Discrimination Act prohibits sexual harassment. 
Circumstances that give rise to complaints of such harassment can also 
give rise to criminal proceedings or disciplinary action against the 
subject of the complaint and to compensation claims by the complainant. 
On December 12, a Senate inquiry into the act reported its findings. 
Its recommendations included amending the act to include breast feeding 
as a specific ground of discrimination and to specifically protect 
workers from sexual harassment by customers. It also recommended that 
HREOC conduct a public inquiry to examine the merits of replacing the 
various existing federal antidiscrimination acts with a single Equality 
Act.
    The independent federal sex discrimination commissioner, who is 
part of HREOC, undertakes research, policy, and educational work 
designed to eliminate discrimination between men and women. There also 
is a federal Office for Women.
    HREOC received 857 complaints under the Sex Discrimination Act from 
July 2007 through June 2008. Of these, 22 percent alleged 
discrimination based on pregnancy, and 18 percent alleged sexual 
harassment. The commission resolved 421 of the complaints, 209 by 
conciliation.
    Women have equal status under the law, and the law provides for pay 
equity. The law requires organizations with 100 or more employees to 
establish a workplace program to remove the barriers to women entering 
and advancing in their organization.
    There were highly organized and effective private and public 
women's rights organizations at the federal, state, and local levels.

    Children.--The Government demonstrated its strong commitment to 
children's rights and welfare through its publicly funded education and 
health care systems.
    State and territorial child protection agencies investigate and 
institute prosecutions of persons for child neglect or abuse. All 
states and territories have laws or guidelines that require members of 
certain designated professions to report suspected child abuse or 
neglect. 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 Australian Institute of Health and Welfare, there 
were 58,563 substantiated cases of child abuse and neglect from July 
2006 to June 2007, the latest period for which national statistics were 
available. These included physical abuse, sexual abuse, emotional 
abuse, and neglect. In July, following revelations of child neglect in 
South Australia (SA), Queensland, and the ACT, the federal government 
and states agreed to establish a national child protection framework.
    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. From 2006-07, the AFP conducted 57 investigations and 
assessments under the act, securing 28 prosecutions and 18 convictions. 
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 trafficked into the country during the year.
    The new Government largely continued federal emergency intervention 
measures initiated by its predecessor to combat child sexual abuse in 
73 NT Aboriginal communities. The measures were taken following a June 
2007 government report of widespread such abuse. These measures 
included emergency bans on alcohol and pornography sales, restrictions 
on the payment of welfare benefits in cash, linkage of support payments 
to school attendance, and medical examinations for all NT indigenous 
children under age 16. However, the Government dropped its 
predecessor's plan to abolish the permit system used to enter 
indigenous communities. In June the minister for indigenous affairs 
stated that there were ``some positive signs coming out of some of the 
measures,'' including higher school attendance and increased food 
purchases. In October a board appointed by the Government to review the 
intervention released its report. It recommended making the 
intervention compliant with the Racial Discrimination Act; the 
Government agreed. It also recommended that compulsory income 
management only be applied to parents that neglected their children; 
however, the Government did not accept this recommendation. While 
public reaction to the intervention remained generally positive, some 
lawyers and Aboriginal activists expressed concern that there was 
inadequate consultation and that the measures were racially 
discriminatory.
    In May an SA state government inquiry reported widespread sexual 
abuse of children in Aboriginal communities in the state's northwest. 
The SA aboriginal affairs minister stated that overcrowded housing was 
``centrally related'' to the problem of abuse, and the federal 
government offered additional funding for housing.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons, but the country continued to be a destination for some 
trafficked women in the sex industry and trafficked laborers.
    Some women, primarily from the People's Republic of China (PRC), 
the Republic of Korea, and Southeast Asia, entered 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 under 
conditions that amounted to debt bondage or sexual servitude. There 
were several reports of men and women from India, the PRC, and South 
Korea migrating to Australia temporarily for work whose labor 
conditions amounted to slavery, debt bondage, and involuntary 
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.
    The law comprehensively criminalizes ``people trafficking'' 
offenses, including sexual servitude, slavery, deceptive recruitment, 
debt bondage, child trafficking, and domestic trafficking. These 
offenses carry penalties of up to 25 years' imprisonment for slavery, 
debt bondage, child trafficking, and domestic trafficking; 15 years for 
sexual servitude; and seven years for deceptive recruitment. It is an 
offense for citizens or residents to travel abroad to engage in sex 
with minors under age 16.
    In March the AFP and DIAC arrested five persons in Sydney on 
several charges, including running a business that included sexual 
slavery. Ten women were freed during the police raids. On December 2, 
however, the public prosecutor's office ruled that there was 
insufficient evidence to prosecute those arrested.
    On December 22, a Gold Coast man was sentenced to five years' 
imprisonment for crimes related to the sexual slavery of two Thai 
women. He was found guilty of trafficking under the sexual slavery 
laws.
    On August 28, the High Court upheld the 2006 conviction of 
Melbourne brothel owner Wei Tang on charges of slavery for holding 
several Thai women in slave-like conditions. The court set a precedent 
in ruling that the law does not require the prosecutor to prove that 
the defendant knew or believed the victims to be slaves; if it is 
established that a victim was held in slave-like conditions, the 
perpetrator is guilty of slavery under the law.
    The Government had a wide range of programs to combat trafficking, 
prosecute traffickers, and assist trafficking victims. The AFP and DIAC 
have lead roles in combating trafficking in persons. The AFP's 
Transnational Sexual Exploitation and Trafficking Teams are responsible 
for investigating trafficking syndicates operating in the country and 
abroad. State police forces worked closely with the AFP on a 
comprehensive policing strategy to counter trafficking in persons. From 
April 2007 through March 2008, the AFP investigated 27 cases, of which 
approximately 80 percent were related to sex trafficking.
    An ambassador for people-smuggling issues is responsible 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. The ambassador coordinates 
the country's participation with Indonesia in the Bali Process on 
People Smuggling, Trafficking in Persons, and Related Transnational 
Crime. The Government has antitrafficking agreements with Cambodia, 
Burma, Laos, and Thailand designed to improve international cooperation 
and police investigation of trafficking syndicates. The Government also 
funded awareness campaigns in source countries and continued funding 
the 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.
    Within the country the Government continued an awareness campaign 
targeting the sex industry and the community at large and widely 
publicized criminal cases against traffickers. Trafficking victims 
willing to cooperate with authorities in the investigation and 
prosecution of traffickers qualify for a temporary visa and a range of 
social services. Counseling, temporary shelter, and other assistance 
were available to all trafficking victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons with Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment; education; access to 
premises; provision 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. The Government effectively enforced the law.
    The disability discrimination commissioner, who 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.
    HREOC's July 2007 to June 2008 annual report stated that 988 
complaints were filed under the Disability Discrimination Act during 
that period. Of these, 46 percent were employment related, and 29 
percent involved the provision of goods and services. HREOC finalized 
815 complaints, 385 complaints through conciliation.
    The Government provided A$26 million (approximately $21 million) to 
the Australian Paralympic Committee to support athletes at the 2008 
Paralympic Games.

    National/Racial/Ethnic Minorities.--According to HREOC's July 2007 
to June 2008 annual report, it received 376 complaints under the Racial 
Discrimination Act, citing 669 alleged grounds of discrimination. Of 
these, 50 percent involved employment, 13 percent involved provision of 
goods and services, and 11 percent alleged ``racial hatred.'' Persons 
born outside the country filed 41 percent of the complaints, and 
Aboriginals and Torres Strait Islanders filed 46 percent.

    Indigenous People.--According to the June 2006 census, Aboriginals 
and Torres Strait Islanders numbered approximately 517,200 persons, 
approximately 2.5 percent of the total population. The new government 
continued the previous government's emphasis on ``practical 
reconciliation'' aimed at raising the health, education, and living 
standards of indigenous people while promoting individual 
responsibility and an end to passive welfare. On February 13, 
Parliament made a significant symbolic gesture by passing a government 
motion apologizing for past mistreatment of indigenous citizens. This 
included an apology to those affected by the forcible removal of 
children from their families between 1910 and 1970--the ``stolen 
generations.''
    A wide variety of continuing government initiatives and programs 
sought to improve all aspects of Aboriginal and Torres Strait Islander 
life. The Government budgeted A$3.5 billion (approximately $2.24 
billion) for indigenous-specific services in 2007-08 and A$4.3 billion 
($2.75 billion) in 2008-09.
    An Australian Institute of Health and Welfare report published in 
April noted improvements in educational attainment, employment, income, 
and home ownership among indigenous people in recent years. The 
institute found, however, that the health status of indigenous people 
remained poor compared to the rest of the population. Life expectancy 
for indigenous citizens was 59 for males and 65 for females, compared 
with 77 and 82 respectively for the nonindigenous. Indigenous persons 
were twice as likely to be hospitalized as other citizens. According to 
the ABS, 24 percent of prisoners were indigenous, a rate 13 times 
higher than for the nonindigenous.
    The National Drug Research Institute reported that Aboriginals were 
more than twice as likely as their nonindigenous counterparts to die 
from alcohol abuse. Researchers cited high rates of poverty and 
unemployment, low educational levels, and lack of adequate access to 
health services among Aboriginals as contributing causes, particularly 
in isolated communities.
    In October the federal government agreed to make resources 
available for job training for Aboriginals under an ``Australian 
employment covenant'' signed by business and Aboriginal leaders with a 
goal of creating 50,000 jobs for indigenous citizens.
    The National Native Title Tribunal resolves native land title 
applications through mediation and acts as an arbitrator in cases where 
the parties cannot reach agreement about proposed mining or other 
development of land. In 2002 the High Court ruled that native title 
rights do not extend to mineral or petroleum resources and that, in 
cases where leasehold rights and native title rights are in conflict, 
leaseholder rights prevail but do not extinguish native title rights. 
In May the Government announced it would review the native title 
process with a view to reducing its complexity and ensuring that 
royalties indigenous communities received from the mining industry were 
used beneficially. A discussion paper on the subject was released in 
December.
    On April 24, the full bench of the Federal Court overturned a 2006 
decision by a federal court judge recognizing native title of the 
Nyoongar Aboriginal group over a large portion of southwestern WA, 
including the state capital of Perth. The state and federal governments 
had appealed the original decision. In its April ruling, the court 
cited serious errors in the original decision's application of High 
Court rules for establishing proof of native titles and referred the 
case back to a federal court judge for another hearing. There was no 
further action on the case by year's end.
    The A$1.4 billion (approximately $896 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.
    Aboriginal NGOs included groups working on native title issues, 
reconciliation, deaths in custody, and Aboriginal rights in general. 
International NGOs, such as Amnesty International, also monitored and 
reported on indigenous issues and rights. HREOC has an Aboriginal and 
Torres Strait Islander social justice commissioner.
    In December, the Government appointed a committee to develop a 
model for a national indigenous representative body.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination against homosexuals. In June 2007 
HREOC presented a report to Parliament noting 58 federal laws that 
denied same-sex couples and their children basic financial and work-
related entitlements available to heterosexual couples and their 
children. In November, Parliament passed government bills to amend 68 
federal laws as a means of eliminating such discrimination.
    On December 19, the minister for defense, science, and personnel 
announced that as of January 1, 2009, same-sex partners of Defence 
Ministry personnel would no longer be denied payment of death benefits 
from military pension funds.
    Federal and various state laws prohibit discrimination on the 
grounds of HIV-positive status. HREOC reviews complaints of 
discrimination on the grounds of HIV/AIDS status under the category of 
disability-related complaints, but a specific breakdown of HIV/AIDS-
related cases was not available.
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 antiunion discrimination, and 
workers exercised these rights in practice. An ABS survey released in 
April indicated that as of August 2007,union membership had decreased 
over the previous 12 months from 20.3 to 19 percent of the total 
workforce, and to only 13.7 percent of the private-sector workforce. 
Unions generally carried out their functions free from government or 
political control.
    Under the law workers are free to join or decline to join 
industrial associations, and discrimination against individuals for 
membership or nonmembership in a union is prohibited.
    The law provides for the right to strike, but 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. The law subjects strikers to heavy fines 
for taking industrial action during the life of an agreement and 
contains secondary-boycott provisions. Industrial action must be 
authorized by a secret ballot of employees; unions complained that this 
requirement was unduly time consuming and expensive to implement. The 
law permits the Government to stop strikes if they are judged to have 
an ``adverse effect'' on the employer or damage third parties, but this 
provision was not used during the year.
    According to the ABS, during the 12-month period ending June 30, 
there were 166 industrial disputes, 22 more than the previous year; 
during the same period, total workdays lost due to strikes rose from 
88,400 to 164,900.

    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.
    Under the 1996 Workplace Relations Act, negotiation of contracts 
covering wages and working conditions shifted further from a 
centralized awards system to enterprise-level agreements certified by 
the Australian Industrial Relations Commission (AIRC). The WRA also 
provided for the negotiation of Australian Workplace Agreements (AWAs) 
between employers and individual workers, which were subject to fewer 
government regulations than awards or enterprise bargaining agreements; 
however, AWAs had to meet a ``no disadvantage'' test: a worker could 
not be made worse off compared to the relevant award. Amendments to the 
law in 2005 (known as ``WorkChoices'') removed the ``no disadvantage'' 
test and provided only for five minimum standards of employment: a 
minimum wage, annual leave, sick leave, unpaid parental leave, and 
maximum working hours. All other workplace conditions were negotiable.
    In response to widespread opposition to the WorkChoices law from 
both unions and the general public, in March Parliament passed the 
Government's ``Transition to Forward with Fairness'' bill, which came 
into effect on March 28. The new law abolished the signing of new AWAs 
and established a new ``no disadvantage'' test for future workplace 
agreements designed to ensure that they contain basic worker 
protections. The law allows existing AWAs to continue until their 
expiration and enables businesses that had staff on AWAs before 
December 1, 2007, to continue to sign individual contracts, known as 
Individual Transitional Employment Agreements (ITEAs), provided these 
pass the ``no disadvantage'' test. To do so, an ITEA must not 
disadvantage an employee as compared to an applicable collective 
agreement, or to an industry-standard award if there is no collective 
agreement. ITEAs can only run until December 31, 2009. In addition the 
new law authorized AIRC to modernize industrial awards (standard 
agreements for particular industries that have been created and refined 
by decisions of AIRC) as part of a broader overhaul of the labor laws 
planned by the Government for 2009.
    Certain issues are excluded by law from inclusion in workplace 
agreements. Such ``prohibited content'' includes, for example, 
mandatory union involvement in dispute settlement and remedies for 
unfair dismissal. The law permits unions to enter certain workplaces to 
investigate a suspected breach of the WRA or hold discussions with 
employees. However, unions may only enter a workplace to investigate a 
breach of an award or collective agreement if a union member is 
carrying out work at the premises and the suspected breach affects a 
union member.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law explicitly 
prohibits forced or compulsory labor, including by children; however, 
trafficking in persons was a limited problem.

    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, the minimum age to claim unemployment benefits, and the minimum 
age to engage in specified occupations. The Australian Confederation of 
Trade Unions also monitored adherence to these laws. Workers under age 
18 require parental or guardian consent to sign an ITEA.

    e. Acceptable Conditions of Work.--Although a formal minimum wage 
exists, most workers received higher wages through enterprise 
agreements or individual contracts. There are above-minimum wage 
classifications for individual trades and professions. In October the 
Australian Fair Pay Commission, which determines minimum wage 
increases, raised the federal minimum award wage to A$543.78 
(approximately $348) per week from A$522.86 ($335) per week, an 
increase of 4.14 percent.
    The Workplace Ombudsman provides employers and employees advice 
about their rights and has authority to investigate employers alleged 
to have unlawfully exploited employees.
    Over the past two decades, there has been a substantial increase in 
the percentage of the workforce regarded as temporary workers. The ABS 
reported that, as of December, approximately three million persons (28 
percent of the workforce) were employed as ``part-time'' workers, of 
whom 72 percent were women. 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. Employees have recourse to state 
health and safety commissions, which investigate complaints and order 
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. 
However, there were complaints that some individuals entering the 
country to work temporarily on so-called ``457'' skilled-worker visas 
were being underpaid or charged excessive rents by their employers. 
There also were complaints that some employers used foreign workers as 
a less expensive substitute for Australian workers. In response to the 
criticism and the report of a parliamentary committee on the issue, the 
Government proposed, and in December Parliament passed, legislation 
that expands DIAC's authority to monitor and investigate possible 
noncompliance by employer-sponsors, introduces penalties for employers 
in violation of their obligations, provides for improved government 
information sharing, and defines sponsorship obligations for employers 
and other sponsors. On August 1, minimum salary levels for temporary 
overseas workers were increased by 3.8 percent. There were no reports 
of worker rights abuses in the country's three inhabited dependent 
territories of Christmas Island, Cocos (Keeling) Island, and Norfolk 
Island.

                               __________

                           BRUNEI DARUSSALAM

    Brunei Darussalam is a sultanate ruled by the same family for more 
than 600 years, and it has a population of approximately 391,000. 
Sultan Haji Hassanal Bolkiah governed under emergency powers that place 
few limits on his power. The Legislative Council, made up of appointed, 
indirectly elected, and ex-officio members, with a limited role in 
recommending and approving legislation, met during the year. The sultan 
maintained control over the security forces.
    The following human rights problems were reported: inability of 
citizens to change their government; arbitrary detention; limits on 
freedom of speech, press, assembly, and association; restrictions on 
religious freedom; discrimination against women; restricted labor 
rights; and exploitation of foreign workers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits mistreatment of prisoners, and there 
were no reports of such mistreatment. Caning is mandatory for 42 
criminal offenses, and it was included in 80 percent of criminal 
sentences. In 2007 (2008 statistics were not provided by the 
Government), 68 persons were sentenced to caning for immigration 
violations. Canings were carried out in the presence of a doctor, who 
had the authority to interrupt the punishment for medical reasons.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards.
    In previous years conditions in police station detention cells were 
considered Spartan. During the year lack of access prevented 
verification of conditions. In the past there were credible reports 
that Internal Security Act (ISA) detainees had been held in isolation, 
were denied access to sunlight or fresh air, and were denied facilities 
suited to performing Islamic religious obligations. Independent sources 
asserted that conditions improved at the ISA facility in response to 
complaints by detainees.
    During the year there were no reports that human rights monitors 
requested prison visits; 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 prompt 
judicial determination regarding the validity of an arrest, but in 
practice these provisions were superseded through invocation of 
emergency powers.

    Role of the Police and Security Apparatus.--The police force and 
Internal Security Department (ISD) are under the direct control of the 
Prime Minister's Office. The police and the ISD were considered free of 
major corrupt practices, although there were reports of petty 
corruption. There were 67 arrests involving police and military 
personnel for criminal acts. There were no reports of prosecution or 
conviction of police or military personnel for corruption.

    Arrest and Detention.--A magistrate must endorse a warrant for 
arrest, except when police are unable to obtain an 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 act of 
committing a crime. After arrest police may detain a suspect up to 48 
hours before bringing the individual before a magistrate.
    The ISA permits the Government to detain suspects without trial for 
renewable two-year periods. ISA detainees are denied the right to legal 
counsel and are not presumed to be innocent. According to reports, 
detainees were promptly informed of the charges against them. 
Information on detainees is made public only after their release.
    The Government regularly convened an independent advisory board 
consisting of executive and judicial branch officials to review 
individual ISA detentions and recommend whether they should be renewed 
for an additional two years.
    On September 1, the Government released 58-year-old Haji Sarbini 
bin Haji Junit, held under the ISA for involvement in a counterfeit 
ring. Of the 16 members of the ring, Sarbini was the fifteenth to be 
released. The advisory board renewed the detention of the lone 
remaining detainee allegedly involved in the ring. On July 14, the 
Government released three persons detained under the ISA for leaking 
government secrets and classified information: 47-year-old Haisan 
Mohamed Amin, 35-year-old Saiful Bahrin Metali, and 31-year-old Mahidi 
Ahmad. According to official information, one person was being held 
under the ISA at year's end.
    The criminal procedure code allows for bail except in cases 
indicated as ``discretionary'' by law. Detainees generally had prompt 
access to lawyers and family visitations; however, police may deny 
access in exceptional cases, such as probable cause to suspect witness 
tampering. There is no legal provision to provide affordable legal 
counsel for poor defendants, except in capital cases. In noncapital 
cases, indigent defendants may act as their own lawyers in court.

    e. Denial of Fair Public Trial.--The law 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 for civil cases available through the Privy Council in the 
United Kingdom.
    A court run by the military legal unit provides military personnel 
with the same rights as in civilian criminal court.

    Trial Procedures.--Secular law, based on English common law, 
provides all citizens with a fair and efficient judicial process. 
Procedural safeguards include the right to defense counsel, an 
interpreter, and a speedy trial, as well as the right to confront 
accusers and to avoid self-incrimination. Lawyers have access to the 
accused once charges are filed through the trial process, but not 
during initial questioning. Defendants in criminal proceedings are 
presumed innocent. Most criminal cases are conducted in public trials 
by a judge or panel of judges. ISA detainees were denied the right to 
legal counsel and were not presumed to be innocent.
    Shari'a (Islamic law) supersedes secular law for Muslims in cases 
of divorce, inheritance, and some sexual crimes. Shari'a is not applied 
to non--Muslims.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees; however, information was very 
difficult to obtain.

    Civil Judicial Procedures and Remedies.--There is no specific 
provision of law to bring civil suit for human rights violations. In 
customary practice individuals may present written complaints about 
rights violations to the sultan directly for review. Such complaints 
were typically handled privately, and there were no reports of civil 
remedies handled in this manner during the year. Individual government 
servants who act outside their authority resulting in a civil wrong may 
be subject to fines or prosecution. Civil courts are generally 
unbiased.

    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 close male 
relative. There continued to be numerous reports that religious 
enforcement officers entered homes, buildings, and vehicles to detain 
suspects. According to religious authorities, there were 163 khalwat 
cases during the year, 44 of which involved noncitizens.
    The Government monitored citizens' private e-mail, cell phone 
messaging, and Internet chatroom exchanges believed to be subversive. 
An informant system was used as part of the Government's internal 
security apparatus to monitor suspected dissidents.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Under the emergency powers, the 
Government significantly restricted freedom of speech and of the press. 
Members of the legislative council are allowed to ``speak their 
opinions freely,'' but they are prohibited from using language or 
exhibiting behavior deemed ``irresponsible, derogatory, scandalous, or 
injurious,'' and may be disqualified for service on the basis of 
various offenses, including disloyalty to the sultan.
    Under the Sedition Act, it is an offense to challenge in any way 
the authority of the sultan or members of the royal family. The act 
also makes it an offense to challenge ``the standing or prominence of 
the national philosophy, the Malay Muslim Monarchy concept.'' This 
ideology permeates the country's life and government administration, 
promoting Islam as the state religion monarchical rule as the sole 
acceptable governing system, and upholding the rights and privileges of 
the Brunei Malay race.
    The act provides for prosecution of newspaper publishers, 
proprietors, or editors who publish anything allegedly having a 
seditious intent. Publication may be suspended for up to one year, and 
publishers, printers, or editors can be prohibited from publishing, 
writing, or editing any other newspaper. Printing equipment can also be 
seized. Persons convicted under the act face fines of up to B$5,000 
(approximately $3,500) and jail terms of up to three years.
    The law 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 requires distributors of 
foreign publications to obtain a government permit. The law allows the 
Government to close a newspaper without giving prior notice or showing 
cause. Journalists deemed to have published or written ``false and 
malicious'' reports may be subjected to fines or prison sentences.
    The country's daily newspapers, the Borneo Bulletin and the Brunei 
Times, practiced self-censorship. However, letters to the editor often 
included comments critical of government handling of certain social, 
economic, and environmental issues. On occasion the Government 
responded to public opinion on topics concerning social or 
environmental problems and the delay of public services.
    Foreign newspapers were routinely available, although the 
Government must approve their distribution. Internet versions of 
foreign media were routinely available.
    The Government owned the only television station. Three Malaysian 
television stations were also available, along with two satellite 
television services. Some content was subject to censorship based on 
theme, but such censorship was not consistent.

    Internet Freedom.--According to official statistics, more than 
19,000 households had Internet access and over 199,500 persons (more 
than half of the population) were Internet users. The Government 
monitored private e-mail and Internet chatroom exchanges of citizens 
believed to be subversive. There was anecdotal information that fear of 
government surveillance reduced the number of visitors to Internet 
forums. The primary Internet service provider was state owned.
    In 2006 the authorities advised Internet service and content 
providers to monitor for content contrary to public interest, national 
harmony, and social morals. There were no reports of any government 
action to enforce this advisory.

    Academic Freedom and Cultural Events.--The Government generally 
respected academic freedom; however, some researchers chose to publish 
under a pseudonym from overseas when they perceived that subject matter 
would not be well received.
    A Censorship Board made up of officials from the Ministries of Home 
Affairs, Religious Affairs, and the Prime Minister's Office determines 
the suitability of concerts, movies, cultural shows, and other public 
performances. Religious authorities also review publications to ensure 
compliance with social norms.

    b. Freedom of Peaceful Assembly and Association.-- Freedom of 
Assembly.--Under the emergency powers, the Government significantly 
restricted the right to assemble. According to the Societies Order, 
public gatherings of 10 or more persons require a government permit, 
and police have the authority to stop an unofficial assembly of five or 
more persons deemed likely to cause a disturbance of the peace.

    Freedom of Association.--The law requires formal groups, including 
religious, social, or cultural to register with the Registrar of 
Societies and provide regular reports on membership and finances. 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 prohibited Muslims from joining these 
organizations.
    A Brunei political party maintained that government restrictions 
have limited the party's growth.

    c. Freedom of Religion.--The law states that ``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.'' However, in practice the Government 
restricted non--Islamic religions and non--Shafi'i Islamic groups, 
reinforcing the legitimacy of the observance of traditional and Islamic 
values through its national Malay Muslim Monarchy ideology. All mosques 
are government controlled and the Ministry of Religious Affairs 
prepared the weekly Friday sermons delivered in mosques countrywide.
    The Government used its internal security apparatus against persons 
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. According to government statistics, 28 foreign 
citizens were expelled during the year for religious violations.
    Registration is required by law for a group to worship communally. 
An organization that fails to register can face charges of unlawful 
assembly. All non--Shafi'i religious groups are required to register as 
associations. There continued to be credible reports that certain 
Christian groups were denied permission to register or chose not to 
register out of the expectation that their applications would be 
rejected.
    The Government routinely restricted the practice of non--Muslim 
religions by prohibiting proselytizing and, in the past, occasionally 
denying entry to foreign clergy, 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.
    Unlike in past years, no persons were accused of proselytizing 
during the year.
    Muslims who wished to change or renounce their religion faced 
considerable difficulties. Born Muslims faced both official and 
societal pressure not to leave Islam; permission from the Ministry of 
Religious Affairs must be obtained to do so. During the year the 
Ministry sanctioned one renunciation of Islam. There were instances of 
persons who converted to Islam (often foreign nationals) as a prelude 
to marrying Muslims; conversion is required by the country's Islamic 
law. Government statistics indicated that there were 340 conversions to 
Islam during the year. After marriage, those who wished to return to 
their former religion faced intense official pressure not to do so or 
encountered extraordinary delays in obtaining permission.
    Authorities continued to arrest Muslims for offenses under Shari'a, 
such as khalwat and consumption of alcohol.
    The Ministry of Education requires courses on Islam and the 
national ideology, and prohibits the teaching of other religions and 
comparative religious studies. Private Christian schools were not 
allowed to give Christian instruction to Christian or Muslim students 
but could offer voluntary, Islamic instruction to Muslim students. 
During the year the Government warned Christian schools that they could 
be fined or imprisoned for teaching non--Muslim religious subjects. 
However, the Government did not prohibit or restrict parents from 
giving religious instruction to children at home.
    The Government routinely censored magazine articles on other faiths 
by blacking out or removing photographs of crucifixes and other 
religious symbols. Government officials also confiscated religious 
materials and prevented public display, distribution, and sale of items 
featuring non--Islamic religious symbols. However, some Christian 
churches displayed crosses on their buildings.
    The Government requires residents to carry an identity card that 
states the bearer's ethnicity, which is used in part to determine 
whether they are subject to Shari'a law. Visitors to the country were 
asked to identify their religion on their visa applications. Ethnic 
Malays are assumed to be Muslim, and therefore subject to Shari'a law. 
Non--Muslims are not held accountable to Shari'a precepts. Religious 
authorities checked identity cards for ethnicity when conducting raids.
    Only Islamic groups belonging to the Shafi'i school were permitted 
to organize public religious processions; however, the Government 
allowed public lion dances to celebrate the Lunar New Year.

    Societal Abuses and Discrimination.--The country's various 
religious groups coexisted peacefully. There were no known Jewish 
communities in the country, and there were no reports of anti--Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration and 
repatriation, and the Government generally respected these rights. 
Government employees, both citizens and foreigners working on a 
contractual basis, must apply for approval to go abroad, which was 
granted routinely. The Government restricted the movement of former 
political prisoners during the year following their release. The 
country is not a party to the UN Convention relating to the Status of 
Refugees and its 1967 protocol and does not feel the need to cooperate 
with office of the UN High Commissioner for Refugees.
    By law the sultan may forcibly exile, permanently or temporarily, 
any person deemed a threat to the safety, peace, or welfare of the 
country. However, there have been no cases of banishment since 1984.

    Protection of Refugees.--The laws do not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and the 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. In practice, the Government did not provide protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened.

    Stateless Persons.--According to unofficial sources there are 
approximately 20,000 ``stateless'' persons in the country, including 
persons born and raised in the country who were not automatically 
accorded citizenship and its attendant rights but were granted 
permanent resident status. Since these individuals, mostly ethnic 
Chinese, did not enjoy full privileges of citizenship, they did not 
have the right to own land and were not entitled to subsidized health 
care or higher education. In lieu of Brunei passports, the Government 
issued ``certificates of identity'' to allow these persons 
international travel and reentry; foreign visas may be entered in the 
certificates.
    Primary education is free for citizens and permanent residents. 
Secondary education (above grade 10 equivalent) fees of B$140 
(approximately $100) per month are required for noncitizens. University 
fees for noncitizens are B$2,800 to B$3,500 (approximately $2,000 to 
$2,500).
    The law, which was administered on a case-by-case basis, allows 
citizenship to permanent residents who have contributed to the 
country's economic growth, to women married to a citizen for two years, 
to women married to permanent residents for five years, and to children 
of permanent resident fathers after the age of two years and six 
months.
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.
    The same family has ruled the country for more than 600 years. In 
1962 the then sultan invoked an article of the constitution that 
allowed him to assume emergency powers for two years. These powers have 
been renewed every two years since 1962. The state of emergency places 
few limits on the sultan's power. The sultan also serves as prime 
minister, minister of defense, minister of finance, chancellor of the 
national university, inspector general of the Royal Brunei Police 
Force, and head of the Islamic faith.

    Elections and Political Participation.--Political authority and 
control rested entirely with the sultan. A 29-person legislative 
council (LegCo), which has no independent power and is made up 
primarily of appointed members, provided a forum for public discussion 
of proposed government programs as well as administrative deficiencies. 
It convenes once a year.
    Persons 18 years of age and above may vote by secret ballot in 
village consultative council elections, which are based on a 
traditional system of village chiefs. Candidates must be Muslim, 
approved by the Government, and be citizens or permanent residents for 
more than 15 years. The councils communicated constituent wishes 
through a variety of channels, including periodic meetings chaired by 
the minister of home affairs. The Government also met with mukim 
(collections of villages) representatives to allow for airing of local 
grievances and concerns.
    The Brunei National Development Party (NDP) remained the country's 
only registered political party. The NDP, as had other parties when 
they were registered, pledged to support the sultan and the Government. 
Although the parties criticized administrative deficiencies, their few 
activities received limited publicity and they were hindered by 
membership restrictions.
    On June 21, the NDP held its third Party Congress which included 
discussion of the politically sensitive Brunei--Malaysia territorial 
dispute. In 2007 government officials advised members of political 
parties not to discuss certain politically sensitive issues during 
their congresses.
    Individuals sought to express their views or 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.
    There were no female ministers in the Government or female members 
of the LegCo; however, the sultan's sister, Princess Masna, was the 
second-ranking official in the Ministry of Foreign Affairs and Trade, 
and one of four permanent secretaries in the Prime Minister's Office 
was a woman. On February 19, a woman was promoted to become one of the 
four permanent secretaries in the Ministry of Foreign Affairs and 
Trade. One cabinet-level post and two LegCo positions were held by 
ethnic Chinese.

    Government Corruption and Transparency.--There were reliable 
reports of corruption in the Government. In accordance with its zero 
tolerance policy for corrupt practices, the Government successfully 
prosecuted a number of low-level officials. At year's end the case of a 
former government minister accused of corruption in awarding government 
projects was pending a final ruling from the chief justice.
    Government officials were not subject to financial disclosure 
reports.
    During the year the LegCo approved, and the Government published, a 
summary of the fiscal year government budget. However, the Government 
continued to restrict and classify as confidential some information on 
the financial dealings of the Government and the royal family. The law 
provides that no court can compel any person to give evidence relating 
to unpublished government records unless consent is given by the 
relevant ministry's permanent secretary. The Anticorruption Bureau, 
under the purview of the Prime Minister's Office, reports directly to 
the sultan.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Few if any civil society organizations dealt directly with human 
rights. A nongovernmental organization (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 may suspend the activities of 
a registered NGO if it deems such an act in the public interest.
    In September official statistics reported 460 registered NGOs. In 
November the Registrar of Societies deregistered a political party and 
54 youth, welfare, and sports associations for failing to submit 
activities reports. In the past the Consumers' Association of Brunei 
attempted to address human rights, but the Government impeded these 
attempts. However, the association remained active in building 
relationships with other NGOs in the region dealing with consumer 
protection issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law does not contain specific provisions prohibiting 
discrimination based on race, sex, disability, language, or social 
status.

    Women.--The law stipulates imprisonment of up to 30 years and 
caning with not fewer than 12 strokes for rape. The law does not 
criminalize spousal rape; it explicitly states that sexual intercourse 
by a man with his wife, as long as she is not under 13 years of age, is 
not rape. According to police statistics, there were 46 reported rape 
cases during the year and 21 were under investigation. Police were 
generally responsive in the investigation of such cases.
    There is no specific domestic violence law, but arrests have been 
made in domestic violence cases under the Women and Girls Protection 
Act. During the year there were 225 reported cases of domestic violence 
against women, and all cases were still under investigation at year's 
end. The criminal penalty for a minor domestic assault is one to two 
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 
hot line was available for persons to report domestic violence. The 
Ministry of Culture, Youth, and Sport's Department of Community 
Development (DCD) provided counseling for women and their spouses. 
Based on individual circumstances, some female and minor victims were 
placed in protective custody in the DCD-operated Taman Noor Hidaya 
shelter while waiting for their cases to be brought to court.
    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 
Islamic courts recognized assault as grounds for divorce.
    Prostitution is illegal. Women who entered the country for purposes 
of prostitution generally were tried, sentenced, and deported swiftly.
    In accordance with the Government's interpretation of Koranic 
precepts, Muslim women have rights similar to those of Muslim men in 
areas such as divorce and child custody. The law requires that males 
receive twice the inheritance of women. The law permits female citizens 
to pass their nationality on to their children and to own property and 
other assets, including business properties.
    Men were eligible for permanent positions in government service 
whether or not they had university degrees, but married women without 
university degrees were only eligible to hold government positions on a 
month to month basis. Women in these month to month positions could not 
apply for travel allowances for their husbands and children. With this 
exception, they received the same allowance privileges as their 
college-educated counterparts in permanent positions.

    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.

    Trafficking in Persons.--The law prohibits trafficking and sexual 
exploitation of women and girls, and there were very few identifiable 
cases of trafficking. It was likely that trafficking of foreign workers 
recruited from Indonesia, the Philippines, Pakistan, India, and 
Bangladesh took place. Such workers occasionally faced harsh, 
exploitative conditions in which their freedom of movement was 
restricted. There were reports that women arrested for prostitution 
subsequently claimed to have been victims of trafficking. There were 
also reports that the country was used as a transit stop for smugglers 
trafficking women to third countries. On September 24, a foreign 
mission rescued four trafficking victims who were being exploited in a 
neighboring country and were in the country to obtain work visa reentry 
permits. Such visa renewals apparently occurred on a once-a-month 
basis. Local immigration officers assisted in the rescue mission.
    Under the Trafficking and Smuggling Persons Order, 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 B$1 million ($700,000), imprisoned for up to 30 years, 
and caned. A person convicted of facilitating trafficking or smuggling 
persons can be fined up to B$50,000 ($35,000) and imprisoned for up to 
10 years. Immigration and other law enforcement officials received 
training to investigate and prosecute suspected offenders and to deal 
with trafficked victims. During the year there were no reported cases 
of prosecutions for human trafficking, nor were there any reports of 
government officials involved in trafficking. A national committee 
coordinates government-wide strategies for combating transnational 
crime, including trafficking.
    The country had limited capacity to protect foreign trafficking 
victims. There were no NGOs to assist trafficking victims, and victims 
were subject to prosecution for violations of immigration and labor 
codes. There was no formal system of protection or benefits for foreign 
trafficking victims. In cases where the Government considers a victim 
to be a material witness in the prosecution of traffickers, police will 
provide temporary protection and shelter as necessary. Several foreign 
embassies also provided shelter for persons who may have been victims 
of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not mandate accessibility 
or other assistance for persons with disabilities. The Government 
provided educational services for children with disabilities, but 
countrywide the level of services available was uneven. The DCD 
conducted several programs targeted at promoting awareness of the needs 
of people with disabilities.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation or 
against persons with HIV/AIDS. The law makes it a criminal offense to 
have ``sexual intercourse against the order of nature.'' There were no 
reports of official discrimination based on sexual orientation in 
employment, housing, access to education, or health care.
Section 6. Worker Rights
    a. The Right of Association.--Under the Trade Unions Act, unions 
are legal and 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; however, in practice trade union activity was minimal. 
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 and had a total membership of less than 5 percent of the 
industry's total work force. There were an estimated 88,000 foreign 
workers, including almost 6,000 garment industry workers, none of whom 
were members of any trade union.
    While the law permits the formation of trade union federations, it 
forbids affiliation with international labor organizations unless there 
is consent from the home affairs minister and Department of Labor 
(DOL).
    The law makes no explicit provision allowing the right to strike.

    b. The Right to Organize and Bargain Collectively.--The law 
prohibits employers from discriminating against workers in connection 
with union activities but provides no legal framework for collective 
bargaining. There was very little union activity in the country, and 
employer discrimination against union members was not reported.
    There is a free trade zone in Muara Port, known as the Muara Export 
Zone (MEZ). 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 
isolated reports of nonpayment of wages and little or no time off for 
some foreign domestic workers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Various laws prohibit the employment of children under age 16. Parental 
consent and approval by the Labor Commission is required for those 
under 18. Female workers under 18 may not work at night or on offshore 
oil platforms. The DOL, which is part of the Ministry of Home Affairs, 
effectively enforced laws related to the employment of children. There 
were no reports of violations of child labor laws.

    e. Acceptable Conditions of Work.--Most employed citizens 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 rest periods of 24 hours 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 were 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, but enforcement in the unskilled labor 
sector was lax, especially for foreign laborers at construction sites, 
where pay arrearage and inadequate safety and living conditions were 
reported. The DOL may close a workplace where health, safety, or 
working conditions are unsatisfactory. The law permits a worker to 
leave a hazardous job site without jeopardizing his employment, but 
generally, this did not occur.
    According to government data, approximately 88,000 foreigners 
worked in the country. Foreign workers are excluded from most labor law 
protections, including freedom of association. The rights of the 
estimated 25,000 female domestic workers frequently were abused and 
they had little access to legal remedies. Their liberty was severely 
restricted and they were required to work exceptionally long hours 
without being granted a day for rest. There also were isolated reports 
of employers who beat domestic employees or did not provide them with 
adequate food. 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 respective embassies. However, when complaints were made, the 
Government was usually quick to investigate and impose fines and 
punishment. Employers found guilty of abuses typically were fined or 
sentenced to prison and ordered to compensate the victim.
    Government protective measures for foreign workers included arrival 
briefings for workers, inspections of facilities, and a telephone hot 
line 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 could not be 
resolved, repatriation of foreign workers was at the expense of the 
employer, and all outstanding wages were ordered paid. The majority of 
abuse cases were settled out of court by the employer paying financial 
compensation to the worker.
    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. The Government forbade wage deductions to agencies or 
sponsors and mandated that employees receive their full salaries; 
nevertheless, foreign workers continued to pay high fees to manpower 
agents to obtain work in the country.
    There were credible reports of domestic and construction workers 
from neighboring countries paying the equivalent of two months' wages 
to fictitious employers to obtain labor passes and work freelance in 
the local economy. There were also credible reports of nationals from 
South Asian countries working for little or no pay for up to two years 
to pay back foreign agents for securing jobs for them.
    In 2007 (the Government did not provide 2008 statistics) the DOL 
recorded 26 complaints by domestic helpers and 108 complaints by 
corporate/garment workers against employers who failed to pay workers' 
salaries. Sixteen of the complaints by domestic workers and 60 of the 
complaints by corporate/garment workers were resolved, largely by 
employer compensation payments. Eighteen complainants withdrew their 
complaints while the remaining cases were still under investigation.
    The Government also prosecuted employers who employed illegal 
immigrants or did not process workers' documents, rendering them in 
illegal status.
    Immigration law allows for prison sentences and caning for workers 
who overstay their work permits and illegal immigrants seeking work, as 
well as for foreign workers employed by companies other than their 
initial sponsor. While the majority of prosecutions were for long-term 
overstayers, many workers stayed in an illegal status due to their 
former employers' negligence.

                               __________

                                 BURMA

    Burma, with an estimated population of 54 million, is ruled by a 
highly authoritarian military regime dominated by the majority ethnic 
Burman group. The State Peace and Development Council (SPDC), led by 
Senior General Than Shwe, was the country's de facto government. 
Military officers wielded the ultimate authority at each level of 
government. In 1990 prodemocracy parties won more than 80 percent of 
the seats in a general parliamentary election, but the regime continued 
to ignore the results. The military government controlled the security 
forces without civilian oversight.
    The regime continued to abridge the right of citizens to change 
their government and committed other severe human rights abuses. 
Government security forces allowed custodial deaths to occur and 
committed other extrajudicial killings, disappearances, rape, and 
torture. The Government detained civic activists indefinitely and 
without charges. In addition regime-sponsored mass-member organizations 
engaged in harassment, abuse, and detention of human rights and 
prodemocracy activists. The Government abused prisoners and detainees, 
held persons in harsh and life-threatening conditions, routinely used 
incommunicado detention, and imprisoned citizens arbitrarily for 
political motives. The army continued its attacks on ethnic minority 
villagers. Aung San Suu Kyi, general secretary of the National League 
for Democracy (NLD), and NLD Vice--Chairman Tin Oo remained under house 
arrest. The Government routinely infringed on citizens' privacy and 
restricted freedom of speech, press, assembly, association, religion, 
and movement. The Government did not allow domestic human rights 
nongovernmental organizations (NGOs) to function independently, and 
international NGOs encountered a difficult environment. Violence and 
societal discrimination against women continued, as did recruitment of 
child soldiers, discrimination against ethnic minorities, and 
trafficking in persons, particularly of women and girls. Workers' 
rights remained restricted. Forced labor, including that of children, 
also persisted. The Government took no significant actions to prosecute 
or punish those responsible for human rights abuses.
    Ethnic armed groups allegedly committed human rights abuses, 
including forced labor. Some cease-fire groups reportedly committed 
abuses. Armed insurgent groups and cease-fire groups also recruited 
child soldiers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were numerous 
reports that the Government or its agents committed arbitrary or 
unlawful killings. The Government did not punish officials responsible 
for the deaths. In particular there were reports of extrajudicial 
killings and custodial deaths.
    On February 21, police in Akyab, Rakhine State, severely beat 
Zawmir Uddin, a Rohingya who subsequently died in police custody.
    On May 3, soldiers and riot police reportedly shot at a large group 
of inmates in Insein Prison after the prisoners started a fire to warm 
themselves. There were reports that at least 36 inmates were killed and 
approximately 70 injured. The regime claimed that only two prisoners 
were killed accidentally in the fire. Following the incident, prison 
authorities reportedly conducted an investigation that resulted in the 
death of four inmates during interrogation.
    On May 20, soldiers killed a retired New Mon State Party medical 
worker during interrogation in Khawzar police station, Mon State.
    In mid-June a man accused of stealing Buddha statues in Magwe 
Division died during interrogation at Magwe police station.
    The Government took no action to investigate or punish those 
responsible for extrajudicial killings of at least 30 persons during 
the regime's violent suppression of peaceful prodemocracy 
demonstrations in September 2007, including Buddhist monk U Thilavantha 
and Japanese photojournalist Kenji Nagai. Additionally, the Government 
did not investigate or punish those responsible for custodial deaths in 
2007, including the following cases: Maung Chan Kun, Lin Lin Naing, Ko 
Naing Oo, NLD member Win Shwe, and Ko Ko Win.
    There were no developments in the 2006 killings of the following 
persons: former political prisoner Thet Naing Oo, Wai Phyo Naung, Ma 
Nyo Kyi, and Saw Stin Pho.
    The Government persisted in its refusal to investigate or take 
responsibility for the 2003 attack by government-affiliated forces on 
an NLD convoy led by party leader Aung San Suu Kyi near the village of 
Depeyin, in which as many as 70 persons were killed.

    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 to the 
army's practice of seizing private citizens for portering or related 
duties, often without notifying family members. Requests for 
information directed to the military forces were routinely ignored. In 
some cases individuals who were detained for questioning were released 
soon afterward and returned to their families.
    The Government took no action to investigate reports that security 
forces took large numbers of residents and monks from their homes and 
monasteries during numerous nighttime raids following the peaceful 
prodemocracy protests in September 2007.
    The whereabouts of persons seized by military units to serve as 
porters, as well as of prisoners transferred for labor or portering 
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 was no information regarding the whereabouts of 31 persons 
who disappeared during a 2003 attack by government-affiliated forces on 
an NLD convoy led by party leader Aung San Suu Kyi near the village of 
Depeyin.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There are laws that prohibit torture; however, members of 
the security forces and other progovernment 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. As in previous years, authorities 
took little or no action to investigate the incidents or punish the 
perpetrators.
    In 2005 the Thailand-based Assistance Association for Political 
Prisoners released a report on the ``brutal and systematic'' torture 
that the Government inflicted on political prisoners. Based on the 
testimony of 35 former political prisoners, the report gave details of 
the physical, psychological, and sexual abuse the Government employed 
on dissidents, and it identified by name many of the perpetrators. The 
report detailed the kinds of torture the Government used, including 
severe beatings, often resulting in loss of consciousness and sometimes 
death; repeated electric shocks to all parts of the body, including 
genitals; rubbing iron rods on shins until the flesh comes off; burning 
with cigarettes and lighters; prolonged restriction of movement for up 
to several months using rope and shackles around the neck and ankles; 
repeatedly striking the same area of a person's body for several hours; 
forcing prisoners to walk or crawl on an aggregate of sharp stones, 
metal, and glass; using dogs to rape male prisoners; and threatening 
female prisoners with rape. Authorities used prolonged solitary 
confinement to punish prisoners.
    There were credible reports that prostitutes taken into police 
custody were sometimes raped or robbed by the police. Occasionally, 
authorities would arrest and prosecute women who reported being raped 
by police or soldiers. Security officials frequently placed a hood on 
those accused or suspected of political crimes upon arrest.
    The armed forces routinely used coercive and abusive recruitment 
methods to procure porters. Persons forced into portering or other 
labor faced extremely difficult conditions, beatings, rape, lack of 
food and clean water, and mistreatment that at times resulted in death.

    Prison and Detention Center Conditions.--Prison and labor camp 
conditions generally were harsh and life threatening. The Department of 
Prisons operated approximately 40 prisons and 70 labor camps. Food, 
clothing, and medical supplies reportedly were scarce in prisons. There 
were reports that authorities in some prisons forced prisoners to pay 
for food. Bedding often was inadequate, sometimes consisting of a 
single mat on the floor. Prisoners were forced to rely on their 
families, who were allowed one or two visits per month, for basic 
necessities. The Government solicited private donations of food, 
clothing, and medical supplies as well as books and television sets for 
prisoner use but reportedly diverted all donated goods to government 
officials. 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 prisons reportedly were high due to communal use of 
syringes for injections and sexual abuse by other prisoners.
    The Government denied prisoners adequate medical care, although 
medical services in prisons partially reflected the poor health care 
services available to the general population.
    There were numerous instances in which the Government failed to 
provide prisoners with adequate medical care. On March 6, detained NLD 
member Ko Win Tin died in Bago prison. He had been suffering from 
untreated dysentery and tuberculosis.
    On April 19, Azizullah, a 30-year-old man from Rathidaung Township, 
Rakhine State, died in Akyab prison. He reportedly did not receive 
proper medical treatment.
    On July 18, political prisoner Khin Maung Tint died of tuberculosis 
in Mandalay prison.
    Officials allowed a prison doctor to visit detained Min Ko Naing, 
an 88 Generation Students member, who was suffering from high blood 
pressure and a degenerative spinal disease. However, they denied 
requests to have a specialist examine and treat him.
    The health of 88 Generation Students member Myo Yan Naung Thein 
continued to deteriorate significantly in prison. The press reported 
that authorities repeatedly denied his requests for adequate medical 
care, including an operation to treat his paralysis. According to 
Amnesty International, his condition was the result of beatings 
received in custody.
    In his August visit, UN Special Rapporteur for Human Rights in 
Burma Tomas Ojea-Quintana urged authorities to allow a dentist to treat 
prisoner Thurein Aung, who had been denied dental treatment for more 
than a year. Shortly after Ojea--Quintana's visit, prison officials 
allowed a dentist to treat the prisoner.
    Prominent political prisoners who suffered from deteriorating 
health included NLD member of parliament-elect (MP-elect) Naing Naing. 
The health of writer Than Win Hlaing, held in Thayarwady Prison in Bago 
Division, continued to deteriorate due to harsh prison conditions. 
Rohingya MP-elect Kyaw Min and family also continued to experience 
health problems. MPs-elect Than Nyein and May Win Myint, as well as 
journalist Win Tin, also suffered health problems before their release 
in September.
    There was no information on the condition of imprisoned Shan 
National League for Democracy (SNLD) Chairman Khun Htun Oo or SNLD 
member U Sai Hla Aung, who were suffering from numerous health problems 
but had not been permitted to receive medical attention.
    Despite the Government's insistence that it did not hold any 
political prisoners, reports by prisoners indicated that authorities 
frequently placed politically active prisoners in communal cells, where 
they were subjected to beatings and severe mistreatment by common 
criminals.
    The Government continued to deny the International Committee of the 
Red Cross (ICRC) unfettered access to prisoners. The ICRC was unable to 
talk in private with prisoners, make repeated visits as desired, or 
provide necessary healthcare and hygienic supplies. As a result the 
ICRC could not follow the cases of more than 4,000 detainees, including 
security detainees, minors, foreigners, and prisoners who were 
especially vulnerable, such as the sick and elderly.

    d. Arbitrary Arrest or Detention.--The law does not prohibit 
arbitrary arrest or detention, and the Government routinely used them. 
The law allows authorities to extend sentences after prisoners have 
completed their original sentence, and the Government regularly used 
this provision.

    Role of the Police and Security Apparatus.--The Myanmar Police 
Force is under direct military command but falls administratively under 
the Ministry of Home Affairs. Police primarily deal with common crimes 
and do not handle political crimes. 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 
routinely extorted money from the civilian population. There are no 
effective legal mechanisms available to investigate security force 
abuses. The Government took no significant measures to reform the 
security forces.
    Military Security Affairs (MSA) officers and Special Branch (SB) 
police officers are responsible for detaining persons suspected of 
``political crimes'' perceived to threaten the Government. Once a 
person is detained, MSA or SB officers interrogate the individual for a 
period ranging from hours to months and can charge the person with a 
crime at any time during the interrogation.
    The Union Solidarity and Development Association (USDA) and the 
Government-backed ``private'' militia Swan Arr Shin increasingly 
assumed the responsibilities of law enforcement authorities, engaging 
in the arrest, detention, and interrogation of human rights and 
prodemocracy activists.

    Arrest and Detention.--By law warrants for searches and arrests are 
required; however, the MSA and police have special authority to conduct 
searches and make arrests at will. The law permits a court to detain 
persons without charge for up to two weeks, with the possibility of a 
second two-week extension. However, authorities frequently extended 
detentions beyond this period without producing the detainees before a 
judge. The Government often held persons under the Emergency Act of 
1950, which allows for indefinite detention. In practice many persons 
were held for years without being informed of the charges against them.
    Bail was commonly offered in criminal cases, but it was rarely 
allowed for political prisoners. The Government regularly refused 
detainees the right to consult a lawyer, denied them and their families 
the right to select independent legal representation, or forced them to 
use government-appointed lawyers. The Government continued to use 
incommunicado detention and often failed to inform detainees' relatives 
of detentions until much later.
    During the year the regime detained numerous prodemocracy and human 
rights activists and several top opposition leaders and MPs-elect. 
Other activists wanted by the regime remained in hiding or self-imposed 
exile at year's end.
    On January 9, police arrested NLD member and labor activist Htet 
Wei while he attended a friend's trial in Rangoon. According to 
witnesses, police took Htet Wei into custody when they allegedly saw 
the defendant, detained protester U Ohn Than, pass him a piece of 
paper. At year's end authorities had not released any information 
concerning the status of Htet Wei.
    In April and May, the regime detained more than 130 persons 
suspected of campaigning against the Government's draft constitution in 
the period preceding the May constitutional referendum. Many of these 
individuals were released shortly after their arrest. Several others 
remained in detention at year's end.
    On April 1, Thingangyun township officials arrested NLD youth 
activist Ko Aung Htun at his home, according to witnesses. At year's 
end authorities had not released any information concerning the status 
of Ko Aung Htun.
    On June 13, police arrested prodemocracy activist Myat Thu, alleged 
to be a leading figure in the 88 Generation Students prodemocracy 
group. At year's end authorities had not released any information 
concerning the status of Myat Thu.
    On June 15, authorities arrested Myanmar Tribune editor Aung Kyaw 
San and several other unidentified persons after they returned from the 
cyclone-affected Irrawaddy Delta, where they had been burying cyclone 
victims. The Government did not publicly acknowledge Aung Kyaw San's 
arrest, although some observers believed that officials suspected him 
of providing information about the cyclone's aftermath to foreign news 
services. At year's end Aung Kyaw San remained in detention, and 
authorities had not released any information regarding his legal 
status.
    On June 25, police in Rangoon arrested a protester in front of city 
hall. According to the press, the woman shouted slogans calling for the 
release of Aung San Suu Kyi and other political prisoners before the 
authorities took her away. Officials did not acknowledge her arrest or 
release her identity.
    On July 2, authorities detained NLD official Khun Maung, reportedly 
in connection with a small explosion at a USDA office earlier that day. 
The Government did not release any information about his condition or 
reasons for his arrest.

    Amnesty.--On September 23, authorities announced the release of 
9,002 prisoners as part of an amnesty. While the majority of those 
released were incarcerated for minor common crimes, at least six 
political prisoners were released, including journalist Win Tin, NLD 
Central Executive Committee (CEC) member Khin Maung Swe, NLD member Aye 
Thein, and MPs-elect May Win Myint, Than Nyein, and Aung Soe Myint. Win 
Tin spent 19 years in prison before his release.
    Win Htein, Aung San Suu Kyi's former assistant, was released on 
September 23 as part of the amnesty but rearrested the next morning.

    e. Denial of Fair Public Trial.--The judiciary is not independent 
of the Government. The SPDC appoints justices to the Supreme Court, 
which in turn appoints lower court judges with SPDC approval. These 
courts 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. While separate 
military courts for civilians do not exist, the military regime 
frequently directs verdicts in politically sensitive trials of 
civilians.
    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 remain 
formally in place, the court system and its operation were seriously 
flawed, particularly in the handling of political cases. The misuse of 
blanket laws--including the Emergency Provisions Act, Unlawful 
Associations Act, Habitual Offenders Act, Electronic Transactions Law, 
Video Act, and Law on Safeguarding the State from the Danger of 
Subversive Elements--as well as the manipulation of the courts for 
political ends continued to deprive citizens of the right to a fair 
trial and to stifle peaceful dissent. Executive Order 5/96, which 
provides for the arrest of any person deemed a threat to the National 
Convention and the ``roadmap to democracy,'' effectively stifled open 
debate among citizens. Pervasive corruption further served to undermine 
the impartiality of the justice system.
    The new constitution provides for the right to a fair trial, but it 
also grants broad exceptions that in effect allow the regime to violate 
these rights at will.

    Trial Procedures.--There is a fundamental difference between 
criminal trials involving political prisoners and defendants charged 
with common crimes. Some basic due process rights, including the right 
to be represented by a defense attorney, were generally respected in 
common criminal cases but not in political cases that the Government 
deemed especially sensitive. By law the Government is not obligated to 
provide an attorney at public expense except in death penalty cases. 
Juries are not used in any criminal trials. In common criminal cases, 
defense attorneys generally were permitted 15 days to prepare for 
trial, could call and cross-examine witnesses, examine evidence, and 
were granted a 15-day delay for case preparation. However, their 
primary function was not to disprove their client's guilt, which was 
usually a foregone conclusion, but rather to bargain with the judge to 
obtain the shortest possible sentence for their clients. Political 
trials often were not open to family members or the public, and defense 
attorneys frequently were not permitted to attend. Reliable reports 
indicated that senior government authorities dictated verdicts in 
political cases, regardless of the evidence or the law.
    The law provides those convicted of crimes with a right of appeal; 
however, in most cases verdicts were upheld without consideration of 
the legal merits of the appeal.
    In July a single judge on the Supreme Court rejected the appeals of 
six labor activists arrested in connection with a Rangoon seminar in 
May 2007. The court did not publish an opinion or otherwise explain the 
legal rational for its decision, as it normally does. Although the law 
allows for the defendants to appeal to a multijudge panel of the 
Supreme Court, many legal observers pointed out that it would be 
difficult to do so without the court's opinion on which to base the 
appeal.
    NLD members and other prodemocracy activists generally appeared 
able to retain the counsel of lawyers without fear that the lawyers 
might be imprisoned; however, lawyers were not always told when trials 
would begin, and authorities often refused to allow them to attend 
their clients' trials.
    During the year authorities held closed legal hearings for a large 
number of political prisoners. Foreign diplomatic observers were able 
to confirm that the regime sentenced at least 120 persons, although 
some human rights NGOs, such as the Assistance Association for 
Political Prisoners (AAPP), estimated that more than 200 persons were 
convicted. Some of those convicted had been detained for more than a 
year without trial.
    In October and November, criminal defense attorneys Aung Thein, 
Khin Maung Shein, and Nyi Nyi Htwe were sentenced to between four and 
six months' imprisonment for contempt of court after they objected to 
the lack of due process afforded several political prisoners they were 
representing. Another attorney, Saw Kyaw Kyaw Min, was cited for 
contempt but fled before he was imprisoned. Independent legal observers 
noted that it was unusual for lawyers to be imprisoned, rather than 
fined, for contempt of court. Fourteen other lawyers, most sentenced 
prior to 1998, remained imprisoned at year's end.
    The Government routinely extended 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 two months, for a total of up to 
one year. SPDC Chairman Senior General Than Shwe can add five years to 
a sentence.

    Political Prisoners and Detainees.--Human rights observers reported 
that at year's end there were approximately 2,100 ``security 
detainees,'' including political prisoners, merchants, violators of 
state security laws, and those accused of fostering religious 
disturbances. Because the Government usually charged political 
detainees with criminal offenses, it denied holding any political 
prisoners. Despite government assertions, a vast majority of these 
prisoners were not believed to have engaged in any violence, theft, or 
other common crimes.
    On January 29, authorities charged detained labor activist Su Su 
Nwe with sedition, libel against foreign powers, and association with 
an unlawful organization.
    Also on January 29, officials charged Ye Min Oo, Ye Myat Hein, Kyi 
Phyu, and Si Thu Maung with sedition. The four were arrested for their 
alleged participation in the September 2007 prodemocracy protests. In 
November authorities sentenced Ye Min Oo to five years' imprisonment 
and Ye Myat Hein and Kyi Phyu to six years and six months each. Human 
rights observers believed that Si Thu Maung remained in detention at 
year's end.
    In January nine 88 Generation Students members, including Min Ko 
Naing and Ko Ko Gyi, were charged with failing to register printed 
materials. The other seven persons charged were Kyaw Min Yu (Jimmy), 
Mya Aye, Aung Thu, Min Zeya, Zaw Htet Ko Ko, Myo Aung Naing, and Ko Tin 
Htoo Aung. In September 35 members of 88 Generation Students, including 
Min Ko Naing and Ko Ko Gyi, were charged under statutes prohibiting 
libel against friendly foreign governments and prohibiting speech or 
conduct intended to disrupt the Government's ``roadmap to democracy.'' 
In November Min Ko Naing, Ko Ko Gyi, Kyaw Min Yu, Mya Aye, Aung Thu, 
Min Zeya, and Myo Aung Naing were each sentenced to 65 years' 
imprisonment. Tin Htoo Aung was sentenced to 33 years' imprisonment. 
Zaw Htet Ko Ko remained in custody at year's end.
    On March 8, police arrested opposition activist Aung Kyaw Oo, 
allegedly a leading figure in Generation Wave, an opposition group that 
authorities claimed was involved in the September 2007 protests. On 
November 11, authorities sentenced Aung Kyaw Oo to four years and six 
months in prison for his alleged involvement in the protests.
    On the night of June 4, officials arrested prominent comedian and 
activist Zarganar and charged him with violating the Video Act, 
Electronics Act, and Unlawful Association Act, among others. On June 
13, police arrested Zaw Thet Htwe, a journalist who worked with 
Zarganar to provide relief to victims of Cyclone Nargis. In November 
Zarganar was sentenced to 59 years' imprisonment and Zaw Htet Htwe to 
15 years' imprisonment.
    Between January and August, officials charged detained monk U 
Gambira with 10 counts, including illegal border crossing, association 
with an unlawful organization, publication of unapproved printed 
materials, undermining the security of the state, and rioting. In 
November he was sentenced to 68 years in prison.
    On August 6, authorities arrested human rights activist Myo Min. On 
November 28, Myo Min was sentenced to five years' imprisonment.
    On August 8, police arrested human rights activist Myint Aye at his 
home. On September 7, Director General of Police Khin Yi publicly 
accused Myint Aye of having engaged in a conspiracy to commit bombings, 
and on November 28, he was sentenced to 28 years' imprisonment after a 
closed trial.
    On September 10, police arrested 88 Generation Students member 
Nilar Thein, who had been in hiding since August 2007, when authorities 
arrested 70 other 88 Generation Students activists, including her 
husband, Kyaw Min Yu. In November authorities sentenced Nilar Thein to 
65 years' imprisonment. During the period she was in hiding, 
authorities reportedly kept under surveillance her infant daughter, 
whom she had been forced to leave with relatives.
    Numerous prodemocracy and human rights activists arrested in 2007 
were formally sentenced to prison terms during the year. In November 
leading 88 Generation Students members Phone Cho, Arnt Bwe Kyaw, Htay 
Kywe, Thet Zaw, Sandar Min, and Nyan Lin were sentenced to 65 years. 
Human rights observers believed that several other 88 Generation 
Students members arrested in 2007 remained in detention without 
conviction, including Zeya, Kyaw Kyaw Htwe (Markee), Panneik Tun, and 
Zaw Zaw Min.
    In November officials sentenced several NLD members who were 
arrested in 2007 to prison terms, including Ko Kyi Phyu, who received a 
sentence of six years and six months; Aung Min Naing and Ko Wunna Aung, 
four years and six months each; and Ko Tin Myint, two years and six 
months. Human rights observers believed that several other NLD members 
arrested in 2007 remained in detention without conviction at year's 
end, including Ko Ye Min Zaw, Ko Soe Khine, Shwe Maung, Ko Myo Khin, Ko 
Tun Myint, Ko Tin Oo Maung, Thin Gan Gyun, Ko Phyo Min Kyin, Ko Tin Zaw 
Oo, Ko Law Lwin, Ko Taw Taw Aung, and Ko Ye.
    Also in November officials sentenced Myanmar Development Committee 
leader Htin Kyaw, who was arrested in 2007, to 12 years' imprisonment. 
Human rights observers believed that several of his supporters remained 
in detention at year's end, including Zaw Nyunt, Ko Han, and Han Ti.
    In November authorities sentenced human rights activist Aung Zaw 
Oo, arrested in 2007, to 12 years' imprisonment. Prodemocracy activist 
and musician Win Maw was sentenced to two years' imprisonment.
    Human rights observers believed that prodemocracy activist Myat 
San, who was arrested in 2007, remained in detention at year's end. 
They also believed that the leader of Maggin Monastery, Sayada 
Aindakaat, remained in detention, as well as other monks arrested in 
2007, including Sanda Wara.
    NLD general secretary Aung San Suu Kyi remained under house arrest 
without charge and without trial. In May the regime again extended her 
detention, which began in 2003. Authorities continually denied Aung San 
Suu Kyi the ability to meet freely with her supporters and others at a 
time and place of her choosing. However, in January authorities allowed 
her a supervised meeting with NLD party leaders, and in March she met 
with UN Special Envoy Gambari. In August and September, authorities 
permitted Aung San Suu Kyi to meet with her attorney on five occasions 
at her home to prepare her legal appeal of her house arrest. She also 
was permitted to meet with her doctor four times during the year. NLD 
Vice--Chairman Tin Oo also remained under house arrest without trial.

    Civil Judicial Procedures and Remedies.--Civil judicial procedures 
and remedies existed in principle, but in practice there was no 
assurance that a complainant would receive a fair hearing.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law does not prohibit such actions, and 
authorities routinely infringed citizens' privacy. Through its 
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 intends to spend the night at a place other than his 
registered domicile inform local peace and development council 
authorities in advance. Any household that hosts a person not domiciled 
there must maintain a guest list and submit it to authorities. Ward-
level officials continued unannounced nighttime checks of residences 
for unregistered visitors. Authorities in Rangoon Division continued 
sporadically to require households to have ``family photographs'' taken 
for government agents to use when conducting nighttime checks of 
residences. Households subjected to this requirement were required to 
pay for the cost of their photographs, usually at significantly higher 
than market rates, and permanently display in their homes the 
photographs of authorized residents.
    Security personnel regularly screened private correspondence, 
telephone calls, and e-mail.
    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 is punishable by imprisonment. Users of unregistered 
cordless telephones face up to three years in prison and a heavy fine. 
Use of unregistered radios is also punishable by a fine and 
imprisonment.
    The Government continued its practice of conscripting members of 
ethnic minorities for service as military porters in Bago Division and 
Karen, Kachin, Kayah, and northern Rakhine states.
    Government employees generally were prohibited from joining or 
supporting political parties; however, this proscription was applied 
selectively. The Government used coercion and intimidation to induce 
persons, including nearly all public-sector employees and many 
students, to join the Government's mass mobilization organizations--the 
USDA, Myanmar Women's Affairs Federation (MWAF), and Myanmar Maternal 
and Child Welfare Association--and attend meetings in support of the 
regime. The Government also used coercion to entice or force members of 
the NLD and other opposition parties to resign, and it publicized the 
coerced resignations in government media.
    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, recognizing only 
different categories of land-use rights, many of which are not freely 
transferable. Postcolonial land laws also revived the precolonial 
tradition that private rights to land are contingent upon the land 
being put to productive use.
    Forced relocations in rural areas continued during the year. The 
relocations reportedly were often accompanied by executions, rapes, and 
demands for forced labor to build infrastructure for military units.
    While less frequent than in rural areas, reports persisted of 
forced relocation in urban areas. The Government reportedly continued 
to relocate forcibly some urban households for ``security'' reasons. In 
Rangoon persons were compelled 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, if at all.
    At year's end most civil servants in the administrative capital Nay 
Pyi Taw continued to live separately from their families in Rangoon.
    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. The materials often were used 
for military construction. Commandeering privately owned vehicles for 
military or VIP transport without compensating the vehicle owners was 
commonplace throughout the country. The practice was particularly 
widespread in Shan, Kayah, and Karen states and in areas of Mon State 
and Bago Division.
    In these same areas, thousands of civilians were displaced from 
their traditional villages--which often were then burned to the 
ground--and moved into settlements tightly controlled by government 
troops in strategic areas. In other cases villagers driven from their 
homes fled into the forest, frequently in heavily mined areas, without 
adequate food, security, or basic medical care.
    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 Karen State army units forced, or 
attempted to force, ethnic Karen to relocate to areas controlled by the 
Democratic Karen Buddhist Army.
    The Government routinely confiscated property, cash, and food from 
civilians. Additionally, USDA members, acting under the cover of 
governmental authority, confiscated property for their own use.
    Military personnel also routinely confiscated livestock, fuel, food 
supplies, fishponds, alcoholic drinks, vehicles, and money. Such abuses 
were widespread. Regional commanders forced contributions of money, 
food, labor, and building materials from civilians throughout the 
country.
    Marriages between female citizens and foreigners are banned, and 
the Government ordered local attorneys not to be witnesses to such 
marriages; however, the ban was not widely enforced.
    The Government punished family members for alleged violations by 
individuals. On September 9, police detained Ko Moe Htet Hlyan, the 
brother-in-law of detained monk U Gambira. On September 11, authorities 
arrested Ko Aung Ko Ko Lwin, the younger brother of U Gambira. Both 
remained in detention at year's end.
    On September 12, police arrested Daw Tin Tin Win, the 75-year-old 
mother of detained 88 Generation Students member Ko Arnt Bwe Kyaw. She 
was released later that day.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Ethnic insurgent groups continued to battle the Government for autonomy 
or independence, including the Shan State Army--South, the Karenni 
National Progressive Party, and the Karen National Union (KNU), through 
its armed wing, the Karen National Liberation Army. In ethnic minority 
regions, military personnel reportedly killed and raped civilians, 
shelled villages and burned homes, destroyed food and seized 
possessions, confiscated land, forced villagers to work on 
infrastructure projects, and demanded that villagers provide food and 
construction materials for military camps.

    Killings.--There were unverified reports of deaths and injuries 
caused by security forces using civilians to clear landmines, 
particularly in Karen State, where the army continued attacks against 
ethnic villages.

    Disappearances.--There were reports of disappearances in connection 
with the conflicts in Bago Division and Karen, Kayah, and Shan states.

    Physical Abuse, Punishment, and Torture.--Newly arrived refugees 
and internally displaced persons (IDPs) near the Thai border reported 
that government soldiers in Chin, Shan, Kayah, Kachin, and Karen states 
continued to rape ethnic women and girls. The Thailand-based Karen 
Women's Organization cited 959 cases of women and girls in Karen State 
who reported sexual abuses in the past 25 years. Additionally, NGOs and 
international organizations continued to report numerous sexual 
assaults by soldiers throughout the rest of the country.
    Karen NGO sources indicated that government forces continued to 
commit human rights abuses in Karen State, despite intermittent peace 
talks. Numerous Karen villages were attacked and burned, forcing 
hundreds of villagers to flee into the jungle.
    Military forces also continued to abuse villagers and drive them 
from their homes during campaigns in Bago Division and Kayah and Shan 
states.
    There were no reports that the Government investigated or otherwise 
attempted to identify and punish those responsible for numerous acts of 
killing, injury, and destruction committed against Karen communities 
during the year.

    Child Soldiers.--The army continued to recruit and use child 
soldiers. The official age of enlistment in the army is 18 years. The 
Government stated that its official policy is to avoid conscripting 
child soldiers; however, numerous recruiters reportedly ignored the 
policy. The International Labor Organization (ILO) reported that, 
compared with 2007, the number of child soldier complaints rose in the 
first half of the year. Some recruiting staff and other military 
personnel were charged under military regulations for taking part in 
child soldier recruitment. In most cases they were issued a reprimand 
that was entered into their military records, but there were no 
confirmed reports of any persons being criminally charged for their 
involvement in child soldier recruitment.
    In October 2007 Human Rights Watch published a report, Sold to be 
Soldiers: The Recruitment and Use of Child Soldiers in Burma, which 
detailed numerous specific instances of child soldier recruitment and 
use by government forces and various armed insurgent groups.
    In her November 2007 report on the use of child soldiers in Burma, 
UN Special Representative for Children and Armed Conflict Radhika 
Coomaraswamy cited evidence that the both the Government army and 
several armed insurgent and cease-fire groups, including the United Wa 
State Army, Kachin Independence Army, Karenni National People's 
Liberation Front, Democratic Karen Buddhist Army, Shan State Army--
South, Myanmar National Democratic Alliance Army, and Karen National 
Union Peace Council, recruited child soldiers.

    Other Conflict Related Abuses.--According to the Office of the UN 
High Commissioner for Refugees (UNHCR), approximately 150,000 Burmese 
refugees lived in camps in Thailand. The regime did not allow the UNHCR 
to monitor fully the potential areas of return to assess conditions for 
the voluntary return of the refugees and IDPs, leading the UNHCR to 
determine that conditions remained unsuitable for their return.
    Approximately 21,000 Rohingyas lived in refugee camps in 
southeastern Bangladesh, and it was estimated that as many as 200,000 
others lived outside the camps.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The new constitution provides for 
freedom of speech and of the press, but the Government continued to 
restrict these rights severely and systematically.
    The Government arrested, detained, convicted, and imprisoned 
citizens for expressing political opinions critical of the Government 
and for distributing or possessing publications in which opposition 
opinions were expressed. Security services also monitored and harassed 
persons believed to hold antigovernment opinions.
    On January 22, authorities in Taungot Township, Rakhine State, 
arrested Ko Than Htay and Ko Kalar Shay. Witnesses reported that the 
two men, who were not NLD members or known political activists, rode 
their bicycles through town calling for the release of political 
prisoners and the reduction of commodity prices. Officials released the 
two on February 5.
    The Government continued to use force to prohibit all public speech 
critical of the regime by all persons, including by individuals elected 
to parliament in 1990 and leaders of political parties. The Government 
pursued this policy consistently with few exceptions.
    On August 12, authorities arrested NLD MPs-elect U Nyi Pu and Tin 
Min Htut, two of five MPs-elect who signed a July 21 letter to UN 
Secretary--General Ban Ki--Moon and the UN Security Council criticizing 
the May constitutional referendum. They remained in detention at year's 
end. Two other signatories reportedly went into hiding following the 
arrest.
    The law prohibits the publication or distribution of any printed 
material without obtaining prior approval from the Government. The 
Government controlled content in all print publications and owned and 
controlled all domestic radio and television broadcasting facilities. 
The official media remained propaganda organs of the Government and did 
not report opposing views except to criticize them.
    Privately owned media existed, but the Government's Press Scrutiny 
Board tightly controlled all media and publications and took action 
against any attempt to provide independent interpretation or comment on 
news. The Ministry of Information issued licenses to private media 
publishers as long as the media printed government-approved material. 
An estimated one-third of private media licenses were held by 
government agents or supporters.
    A few foreign news agencies remained but had no expatriates based 
in the country, leading them to rely on local journalists. Their bureau 
chiefs were rarely permitted to enter on journalist visas.
    Reporters were subject to arrest, harassment, intimidation, and 
violence by the authorities and supporters of the regime. In November 
Thet Zin and Sein Win Maung, the editor and office manager of Myanmar 
Nation magazine, respectively, were sentenced to seven years' 
imprisonment for violating the Printers and Publishers Act.
    On September 1, authorities arrested Saw Myint Than, former 
correspondent of the privately owned magazine Flower News Journal, and 
charged him with violating the Electronics Law and criticizing 
government authorities. He was released on October 21.
    On October 1, NLD member and former journalist Ohn Kyaing was 
arrested at his home. Ohn Kyaing was the chair of the NLD's Cyclone 
Nargis relief committee. He previously had served 15 years' 
imprisonment for ``writing and distributing seditious pamphlets'' and 
``threatening the security of the state.'' He was held without charge 
and released without explanation on December 11.
    On November 5, authorities in Rangoon arrested journalists Khin 
Maung Aye and Htun Htun Thein of the privately owned news journal News 
Watch. In November authorities sentenced Khin Maung Aye and Htun Htun 
Thein to six months' imprisonment.
    Many prominent writers and journalists remained in prison for 
expressing their political views. According to Reporters Without 
Borders, at the beginning of the year, eight journalists were in 
prison, including Ko Aung Gyi, former editor of the sports magazine 90 
Minutes, and Myat Swe (Sunny Swe) and his father Thein Swe, co-owners 
of the English--and Burmese-language weekly newspaper Myanmar Times. 
Government censorship boards prohibited publication or distribution of 
works authored by those in prison.
    Government controls encouraged self-censorship, and publications 
generally did not report domestic political news or sensitive economic 
and political topics.
    Imported publications remained subject to predistribution 
censorship by state censorship boards, and possession or distribution 
of publications not approved by the censorship boards was a serious 
offense. The Government also restricted the importation of foreign news 
periodicals and discouraged subscriptions to foreign periodicals; 
however, some foreign newspapers could be purchased in Rangoon. Some 
foreign newspapers and magazines were distributed uncensored.
    Due to widespread poverty, limited literacy, and poor 
infrastructure, radio and television remained the primary media of mass 
communication. News periodicals rarely circulated outside of 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.
    The Government also continued to monopolize and control all 
domestic television broadcasting tightly, offering only three channels, 
including an armed forces channel. The general population was allowed 
to register satellite television receivers for a fee. Illegal satellite 
television was also available, but access to satellite television 
remained far too expensive for the majority of the population.
    The law makes it a criminal offense to publish, distribute, or 
possess a videotape not approved by a state censorship board. The 
Government continued to crack down on uncensored foreign videotapes and 
digital video discs, although pirated copies remained widely available 
on the street.
    On March 8, authorities arrested Hlaing Township NLD members Ko 
Thant Zin and Ko Tun Tun for allegedly possessing copies of the latest 
``Rambo'' movie.

    Internet Freedom.--No laws or regulations exist regarding 
monitoring Internet communications or establishing penalties for the 
exercise of freedom of expression via the Internet. However, the 
Government monitored Internet communications and blocked Web sites so 
that individuals could not freely engage in such activities.
    Authorities frequently blocked access to Web sites that attracted 
many users or large attachments related to political issues. E-mail 
messages sometimes took several days to arrive in a receiver's inbox, 
often with attachments deleted. Citizens believed this was due to the 
regime's censoring of incoming and outgoing e-mail.
    The Government banned most Web sites critical of the regime and its 
activities. Authorities also periodically blocked access to free e-mail 
services as well as to other Internet telephone and messaging services.
    The Government attempted to block most Web sites containing words 
that it considered suspicious, such as Burma, drugs, military 
government, democracy, student movement, 8888, and human rights. Users 
could sometimes reach the home pages of the Democratic Voice of Burma 
and BBC's Burma service, but they could not access most articles on the 
sites. Occasionally the Government mistakenly blocked educational or 
other sites when its software detected censored words. The Government, 
working with government-controlled Internet providers Myanmar Teleport 
and the Ministry of Posts and Telecommunications, continued to search 
for and shut down Web sites that posted news and photographs of the 
September 2007 protests.
    While the Government rarely charged persons explicitly for 
expressing political, religious, or dissenting views in electronic 
fora, including e-mail, it often charged persons suspected of such 
activities with other crimes.
    On January 30, authorities arrested Nay Phone Latt (Nay Myo Kyaw), 
an Internet blogger and owner of three Internet cafes. He was later 
charged with the unauthorized creation, reproduction, and distribution 
of videos; crimes against public tranquility; and engaging in unlawful 
electronic transactions. In November authorities sentenced Nay Phone 
Latt to 20 years and six months in prison.
    In its annual report, Reporters Without Borders stated that the 
Government closely monitored Internet cafes, at which many computers 
automatically executed screen captures every five minutes to monitor a 
user's activity. All Internet cafes displayed a notice that forbade 
users to access political and pornographic sites but did not state a 
specific punishment.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom. University teachers and professors, most of them 
state employees, were 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. The Government 
closely monitored curricula, censored course content, and intimidated 
academics to practice self-censorship. Like all other state employees, 
professors and teachers were required to join the USDA. Teachers at all 
levels continued to be held responsible for the political activities of 
their students. Foreigners were not permitted to visit university 
campuses without prior approval or attend any meetings involving 
students, including graduation ceremonies.
    To limit the possibility of student unrest, the Government placed 
undergraduate campuses in remote areas, warned teachers and students 
that disturbances would be dealt with severely, and kept most on-campus 
dormitories closed. The Government placed heavy security around 
schools, even during summer vacation. These measures caused the quality 
of education to deteriorate to such an extent that many students opted 
to use self-study or private tutoring.
    The Government tightly controlled the limited number of private 
academic institutions and their curricula. Similar controls extended to 
Buddhist monastery-based schools, Christian seminaries, and Muslim 
madrassas. During the year the Government cracked down on private 
tutoring and tried to ban the practice.
    The Government monitored and censored most cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law limits freedom of assembly, and the Government 
severely restricted it in practice. An ordinance officially prohibits 
unauthorized outdoor assemblies of more than five persons, although it 
was not enforced consistently and authorities sometimes prohibited 
smaller gatherings. While still a legal political party, all NLD 
offices except its Rangoon headquarters remained closed by government 
order, and the NLD could not lawfully 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. Informal meetings involving NLD members 
occurred outside the NLD office; however, security officials closely 
monitored these activities. Authorities occasionally demanded that NLD 
leaders provide them with lists of attendees in advance in an attempt 
to discourage participation.
    The regime and its supporters routinely used intimidation, 
violence, and the power of arrest to disrupt peaceful demonstrations 
and meetings.
    On January 2, authorities arrested NLD MP-elect Aung Moe Nyo along 
with NLD members Nay Myo Kyaw, Sein Win, Than Tun, and Maung Oo. All 
were detained after holding meetings to commemorate Burmese 
Independence Day.
    On June 19, Swan Arr Shin members arrested up to 14 participants at 
a ceremony to mark the 63rd birthday of NLD leader Aung San Suu Kyi. 
Witnesses reported that the detainees were beaten before being loaded 
into trucks and driven away. At year's end the persons remained in 
detention.
    Police in Taungot, Rakhine State, detained 48 persons on August 8 
following a silent procession through the streets on the 20th 
anniversary of the date in 1988 when the regime violently suppressed 
prodemocracy protests in Rangoon. Although 43 detainees were 
subsequently released, five of the alleged leaders remained in custody.
    On September 27, authorities arrested nine NLD members as they made 
their way to a ceremony at the party's Rangoon headquarters to mark the 
NLD's 20th anniversary. All nine were released later that day but were 
not permitted to attend the ceremony.
    On December 30, authorities in Rangoon arrested nine NLD members as 
they carried a banner reading ``Free Aung San Suu Kyi'' on a major 
Rangoon thoroughfare. They remained in detention at year's end.

    Freedom of Association.--The Government restricted freedom of 
association, particularly for NLD members, prodemocracy supporters, and 
those who contacted exile groups. A statute prohibits associating with 
any organization that the head of state declares to be unlawful.
    Freedom of association generally 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. Authorities harassed and intimidated parties that did 
not support regime policies.

    c. Freedom of Religion.--The new constitution provides for the 
freedom of religion; however, it also grants broad exceptions that 
allow the regime to restrict these rights at will.
    There is no official state religion, but the Government continued 
to show preference for Theravada Buddhism, the majority religion. Most 
adherents of registered religious groups generally were free to worship 
as they chose; however, the Government imposed restrictions on certain 
religious activities and promoted Buddhism over other religions. The 
Ministry of Religious Affairs has a separate department for the 
``promotion and propagation of Sasana'' (Buddhism). The Government 
promoted education at Buddhist monastic schools in rural areas and 
subsidized Buddhist universities in Rangoon and Mandalay.
    Virtually all organizations, religious or otherwise, must register 
with the Government. Although an official directive exempts ``genuine'' 
religious organizations from registration, in practice only registered 
organizations were allowed to buy or sell property or open bank 
accounts. Consequently, most religious organizations registered with 
the Government.
    The Government continued its efforts to control the Buddhist clergy 
(Sangha). It tried Sangha members for ``activities inconsistent with 
and detrimental to Buddhism'' and imposed on the Sangha a code of 
conduct enforced by criminal penalties. The Government did not hesitate 
to arrest and imprison lower-level Buddhist monks who opposed the 
Government. In prison monks were defrocked and treated as laypersons. 
In general imprisoned monks were not allowed to shave their heads and 
were not given food in accordance with the monastic code. Like other 
political prisoners, they were often beaten and forced to do hard 
labor. The Government also subjected the Sangha to special restrictions 
on freedom of expression and association.
    The Government prohibited efforts by Buddhist clergy to promote 
human rights and political freedom. Members of the Sangha were not 
allowed to preach sermons pertaining to politics. Religious lectures 
could not contain any words, phrases, or stories reflecting political 
views. The regime told Sangha members to distance themselves from 
politics, political parties, and members of political parties. The 
Government prohibited any organization of the Sangha other than the 
nine state-recognized monastic orders under the authority of the State 
Clergy Coordination Committee. The Government prohibited all religious 
clergy from being members of a political party.
    On July 15, police arrested nine monks at Rangoon Central Railway 
Station. In August they were sentenced to two years' imprisonment for 
``the deliberate and malicious...outraging of religious feelings.''
    On August 23, authorities arrested monks U Damathara and U Nandara, 
both from the Thardu monastery in Rangoon. Officials did not 
acknowledge their arrest, although human rights observers believed they 
may have been detained as a precaution against future protests. They 
likely remained in custody at year's end.
    In the weeks before the September anniversary of the 2007 protests 
and crackdown, security forces occupied some monasteries in the cities 
of Rangoon and Mandalay and the state of Rakhine that were suspected of 
involvement in prodemocracy activities.
    The Government continued to restrict the building of religious 
structures by minority religious groups. The Government also permitted 
the destruction of religious centers and schools.
    The Government's border security force continued to conduct 
arbitrary ``inspections'' of mosques in northern Rakhine State, 
demanding that mosque officials show permits to operate the mosques. 
When mosque officials could not produce the permits, officials ordered 
congregation members to destroy the mosques.
    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 based 
only on informal approval from local authorities. These groups reported 
that formal requests encountered long delays, generally were denied, 
and even when approved, could subsequently be reversed by a more senior 
authority.
    Religious activities and organizations were subject to restrictions 
on freedom of expression and association. The Government's pervasive 
internal security apparatus imposed de facto restrictions on collective 
and individual worship through its infiltration and monitoring of 
meetings and activities of virtually all organizations, including 
religious ones.
    Although authorities appear to have moved away from a campaign of 
forced conversion, there continued to be evidence that other means were 
used to entice non--Buddhists to convert to Buddhism. Christian Chins 
were pressured to attend Buddhist seminaries and monasteries and 
encouraged to convert to Buddhism. Christian Chins reported that local 
authorities operated a high school that only Buddhist students could 
attend and promised government jobs to the graduates. Christians had to 
convert to Buddhism to attend. An exile Chin human rights group claimed 
that local government officials placed the children of Chin Christians 
in Buddhist monasteries, where they were given religious instruction 
and converted to Buddhism without their parents' knowledge or consent. 
Reports suggested that in Sagaing Division the Government also sought 
to induce members of the Naga ethnic group, most of whom are either 
Christian or animists, to convert to Buddhism by similar means.
    The Government discouraged proselytizing by all clergy. 
Evangelizing religions, including some Christian denominations and 
Islam, were most affected by these restrictions. The Government 
generally did not allow permanent foreign religious missions to operate 
in the country.
    Buddhist doctrine remained part of the state-mandated curriculum in 
all government elementary schools. Students could opt out of 
instruction in Buddhism, and some did, but students of government 
schools were required to recite a Buddhist prayer daily. Some Muslim 
students were allowed to leave the room during this act, while at some 
schools non--Buddhists were forced to recite the prayer.
    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 the identification card. Citizens also were required to indicate 
their religion on certain official application forms, such as for 
passports.
    The Government allowed some Muslims to go on the annual hajj and 
Buddhists to go on pilgrimage to Bodhgaya, India, although it limited 
the number of pilgrims.

    Societal Abuses and Discrimination.--There were no reports of 
conflicts between Muslims and Buddhists in the country. While official 
religious discrimination was limited, de facto preferences for 
Buddhists remained. There was one synagogue in Rangoon that served a 
small Jewish congregation. There were no reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Although the Government restricted 
freedom of movement, most citizens were able to travel within the 
country. Exceptions included Muslims traveling to, from, and within 
Rakhine State, as well as some opposition political party members. 
However, citizens' movements were closely monitored, and all were 
required to notify local officials of their whereabouts. Movement was 
restricted in areas of armed conflict. Citizens were subjected to 
arbitrary relocation. Authorities often prohibited NLD members who 
traveled to Rangoon to attend party functions from lodging in the city 
overnight.
    The Government maintained close control over most 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 
and monitoring by the MSA. Government agents demanded bribes at 
checkpoints in border areas.
    In Rakhine State many controls and checkpoints applied only to the 
Muslim population. The Government tightly controlled the movement of 
Muslim Rohingyas, particularly in Buthidaung, Kyauktaw, Maungdaw, and 
Rathedaung townships along the border with Bangladesh. Muslim youth 
from Rakhine accepted for admission to universities and medical schools 
outside the state were unable to enroll due to travel restrictions 
imposed on them. The Government also required other noncitizens, 
primarily ethnic South Asians and 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.
    An ordinary citizen needed three documents to travel outside the 
country: a passport from the Ministry of Home Affairs, a revenue 
clearance from the Ministry of Finance and Revenue, and a departure 
form from the Ministry of Immigration and Population. To address the 
problem of trafficking in persons, the Government continued to hinder 
or restrict international travel for women, particularly those under 25 
years of age.
    The Government carefully scrutinized prospective travel abroad of 
all passport holders. Rigorous control of passport and exit visa 
issuance perpetuated rampant corruption, as applicants were forced to 
pay bribes of up to 300,000 kyat (approximately $230), roughly 
equivalent to the average annual salary of a skilled worker. The 
Government regularly denied passports on political grounds. College 
graduates who obtained a passport (except for certain government 
employees) were required to reimburse the Government for the cost of 
their education. It frequently took several months to receive a 
passport, particularly if the applicant was unwilling to offer a bribe 
as incentive for speedier service.
    The Government permitted foreign diplomats and foreign UN employees 
based in Rangoon to travel outside of Rangoon to designated tourist 
sites without prior permission; all other travel required advance 
permission and was regularly denied. The Government required all 
foreign and local residents, except diplomats, to apply for 
authorization to leave the country. Travel to and from the Irrawaddy 
Delta after Cyclone Nargis in May was tightly controlled. Checkpoints 
were established on all major roads leading in and out of the Delta, 
and foreigners were required to obtain permission before traveling. 
Travel permission was required to travel to the Delta, but access for 
cyclone-related travel improved later in the year.
    The abrogated 1974 constitution did not provide for forced exile, 
and the Government generally did not use it. The constitution that the 
Government reported was approved in a May referendum also does not 
provide for forced exile.
    In general citizens who emigrated legally were allowed to return to 
visit relatives, and some who lived abroad illegally and acquired 
foreign citizenship also were able to return.
    The Government did not have legal arrangements to accept its 
citizens deported from other countries; however, in the past the 
Government accepted the return of several thousand illegal migrants 
from Thailand and China.
    Harassment, fear of repression, and deteriorating socioeconomic 
conditions continued to force many citizens to leave for neighboring 
countries and beyond. In border regions populated by minority ethnic 
and religious groups, the Government maintained its practices of forced 
labor, confiscation of land, compulsory contributions of food and 
money, and forced relocations. These policies continued to produce 
large numbers of refugees in neighboring countries, particularly 
Thailand, India, Malaysia, and Bangladesh.

    Internally Displaced Persons (IDPs).--According to the 
International Displacement Monitoring Center, there were at least 
500,000 IDPs in the country, although precise figures were difficult to 
determine due to poor access to affected areas. The Government provided 
little or no protection or assistance to IDPs, many of whom were 
forcibly resettled under dangerous conditions. IDPs did not have 
unfettered access to domestic and international humanitarian 
organizations, although the UNHCR had limited access to IDPs in 
northern Rakhine State. Humanitarian organizations were denied access 
to many IDPs in eastern regions along the Thai border on security 
grounds. IDPs in these areas regularly suffered hardships as a result 
of ongoing fighting between government army and insurgent groups, 
according to credible observers along the border. In addition IDP women 
frequently suffered rape, according to these observers.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. The Government did not grant refugee status or asylum.
    On December 2, authorities along the Thai--Laos--Burma border 
detained 19 North Koreans who had fled the Democratic People's Republic 
of Korea. They were detained for 29 days before being expelled from the 
country. Government officials did not permit these persons to see 
representatives from the UNHCR or foreign diplomatic missions.
    The UNHCR continued to negotiate for permission to work with 
``communities that are affected by displacement.'' Despite the fact 
that the previous memorandum of understanding (MOU) between the 
Government and the UNHCR expired in November 2007, the Government 
continued to allow the UNHCR to provide humanitarian assistance to 
Rohingyas in northern Rakhine State, whom the Government does not 
recognize as citizens. At year's end discussions were ongoing between 
the UNHCR and the Government regarding the UNHCR's status in that area.
    A two-year MOU signed in 2007 permitted the UNHCR to work with 
implementing partners in the southeast region, including parts of Karen 
and Mon states and Tanintharyi Division. Under the MOU, UNHCR foreign 
personnel also were permitted to monitor their project activities in 
the region.

    Stateless Persons.--According to the new constitution, the terms of 
which were scheduled to take effect after the parliament is convened in 
2010, citizenship is extended to all current citizens and anyone whose 
parents are both nationals of the country as prescribed by law. This 
provision is consistent with the 1982 Citizenship Law, still in force. 
There are 135 officially recognized ``national races'' who qualify for 
citizenship. Some members of native-born but so-called nonindigenous 
ethnic populations, such as Chinese, Indians, Bengalis, some Eurasians, 
and the country's Rohingya population, are not included in the list and 
are denied the full benefits of citizenship based on their 
nonindigenous ancestry. Of these, the majority--Muslim Rohingya fare 
the worst, with nearly all of Rohingya denied any benefits of 
citizenship.
    According to the UNHCR, there were approximately 730,000 legally 
stateless persons, mostly Rohingya, residing in northern Rakhine State 
near the border with Bangladesh. Only persons who were able to prove 
long familial links to the country were eligible to apply for 
naturalization. The Government has never recognised the existence of 
the ``Rohingya'' ethnicity and claims that the Muslim residents of 
northern Rakhine State are merely the descendents of illegal immigrants 
from Bangladesh who moved into the country during the British colonial 
rule. The Government consistently denied citizenship to most Rohingyas 
on the grounds that their ancestors did not reside in the country for 
one year prior to the start of British colonial rule in 1824, as 
required by the highly restrictive citizenship law.
    Persons without full citizenship faced restrictions in domestic 
travel. They were barred from certain advanced university programs in 
medicine and technological fields and excluded from government 
positions.
    Rohingyas experienced severe legal, economic, and social 
discrimination. The Government required them to receive prior approval 
for travel outside their village tract of residence. Local residents 
reported that the farther from home the applicant intended to travel, 
the more difficult it was to obtain permission, with travel outside of 
Rakhine State severely restricted. Rohingyas had extremely limited 
access to higher education and could not work as civil servants, 
including service as doctors, nurses, or teachers. Access to medical 
care was extremely limited. Rohingyas did not have access to state-
operated schools beyond primary education. Rohingyas who did not 
possess temporary identification cards did not have the right to vote 
in the May constitutional referendum. A number of restrictions are in 
place on the construction or renovation of mosques and religious 
schools in northern Rakhine State. The authorities pursued a number of 
other practices intended to maintain pressure on the group, including a 
requirement to obtain official permission for marriages. Numerous 
regulations inevitably led to high demands for unofficial fees and 
created additional difficulties for the impoverished population.
    The Government continued a program, supported by the UNHCR, that 
issued temporary identification cards to stateless persons in northern 
Rakhine State. At year's end the UNHCR estimated that approximately 
385,000 stateless persons beyond the age of 10 possessed temporary 
identification cards and that 210,000 persons remained undocumented. 
The cards, which are necessary for many basic tasks such as seeking a 
marriage license and travel authorization, did not confer citizenship 
but, by confirming lawful residence, contributed to improving legal 
status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The regime continued its systematic use of coercion and 
intimidation to deny citizens the right to change their government. The 
regime continued to prevent the parliament elected in 1990 from 
convening.
    The new constitution provides for popularly elected legislators to 
a bicameral parliament; however, it ensures that at least 25 percent of 
the seats will be reserved for military members appointed by the 
uniformed commander in chief of Defense Services. It also bars many 
persons from office on the basis of not having resided in the country 
for at least 10 consecutive years prior to election, prior misconduct 
the regime deems is disqualifying, having accepted assistance from a 
foreign government, or being entitled to citizenship of a foreign 
nation. Additionally, while the constitution technically came into 
effect in May, by the constitution's own terms, the SPDC will continue 
to ``exercise state sovereignty'' until the parliament is convened in 
2010.
    Since 1962 active-duty military officers have occupied the most 
important positions in the central government and in local governments, 
and the regime placed active duty or retired military officers in 
senior-level positions in almost every ministry. At year's end active-
duty or retired military officers occupied 30 of 33 ministerial-level 
posts, including that of prime minister and the mayoral posts in 
Rangoon, Mandalay, and the administrative capital, Nay Pyi Taw.

    Elections and Political Participation.--On May 10, the regime held 
a referendum to approve its draft constitution except in cyclone-
affected areas in Rangoon and Irrawaddy divisions, where the vote was 
delayed until May 24. Nonetheless, on May 15, the regime announced that 
98.12 percent of eligible voters had participated and that the 
constitution had been approved by 92.48 percent of voters, figures that 
no independent observers believed were valid. The regime did not permit 
comprehensive election monitoring. It allowed diplomats to visit only 
hand-picked polling places under supervision of the Ministry of Foreign 
Affairs. Despite these restrictive conditions, foreign diplomatic 
observers witnessed irregularities, including voters being photographed 
by authorities and officials following voters into ballot booths. 
Domestic and international human rights groups reported numerous, more 
serious election irregularities, including voter intimidation and 
ballot stuffing.
    According to its terms, the constitution came into force the day it 
was approved. However, the constitution specifies that the SPDC will 
continue to ``exercise state sovereignty'' and ``carry out...all the 
functions of the parliament'' until the parliament is convened. Thus, 
even though the constitution went into effect, the SPDC and military 
remained in control of all organs of government.
    Women were excluded from political leadership. Members of certain 
minority groups also were denied a role in government and politics. 
There were no female or ethnic minority members of the SPDC, cabinet, 
or Supreme Court.

    Government Corruption and Transparency.--The law provides for 
criminal penalties for official corruption; however, the Government 
rarely and inconsistently enforced the anticorruption statute, and 
officials frequently engaged in corrupt practices with impunity. A 
complex and capricious regulatory environment fostered corruption. 
Authorities usually enforced anticorruption laws only when the regime's 
senior generals wanted to take action against officials whose egregious 
corruption had become an embarrassment or when they wanted to punish 
officials deemed a threat to the senior generals' power. Public 
officials were not subject to financial disclosure laws.
    The Government did not provide access to most official documents, 
nor is there a law allowing for it. Most government data, even routine 
economic statistics, were classified or tightly 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.
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 hostile to outside scrutiny of 
its human rights record.
    Approximately 44 nonpolitical, international humanitarian NGOs 
operated in the country. A few others had a provisional presence while 
undertaking the protracted negotiations necessary to establish 
permanent operations in the country. With the exception of relief 
efforts directed at cyclone-affected areas, many international 
humanitarian NGOs and UN agencies reported government pressure to limit 
their activities, and access to human rights activists, prisoners, and 
ethnic minorities by international personnel became more difficult.
    UN agencies and NGOs continued to negotiate with the Government to 
agree on mutually acceptable guidelines for the activities of 
humanitarian organizations. The Burmese-language version of the 
guidelines, released in 2006, contained measures that were more 
restrictive than those in the English-language version.
    The Government maintained travel restrictions on foreign 
journalists, NGO staff, UN agency staff, and diplomats in most 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. The Government's monitoring of 
the movements of 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 obstructed efforts to 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.
    After Cyclone Nargis struck in May, the Government required NGOs, 
the UN, and foreign aid agencies to obtain permission to travel to the 
cyclone-affected areas but generally granted permission. Authorities 
often allowed staff to travel to these areas ``unaccompanied,'' 
although SB police monitored many visits. Some international NGOs and 
UN agencies were required to have a government representative accompany 
them on field visits to other areas of the country, at the NGOs' or 
UN's expense, although this rule was not consistently enforced. Foreign 
staff often experienced difficulty obtaining permission to travel to 
project sites outside of the cyclone-affected areas.
    There were several high-level visits by UN officials during the 
year. UN Secretary-General Ban Ki-Moon visited twice in May to address 
the international humanitarian relief efforts undertaken in the 
aftermath of Cyclone Nargis. On May 22, Ban participated in a 
government-run tour of cyclone-affected areas in the Irrawaddy Delta. 
The next day he traveled to Nay Pyi Taw, where he met with Senior 
General Than Shwe. Ban returned to the country on May 25 to attend an 
international donor conference on cyclone relief.
    UN Special Envoy Gambari visited the country in March and August. 
During his March visit, he met with eight ministers and the committee 
responsible for organizing the May constitutional referendum. As in 
previous visits, he was granted a supervised meeting with Aung San Suu 
Kyi and several members of the NLD's CEC. During his August visit, 
Gambari met with Prime Minister Thein Sein, other government officials, 
the NLD CEC, and foreign diplomats. However, unlike during past visits, 
Gambari did not meet with Aung San Suu Kyi, reportedly because she 
refused to meet with him. On August 29, the NLD issued a statement 
denouncing his mission as ineffectual.
    In early August UN Special Rapporteur on Human Rights for Burma 
Tomas Ojea Quintana met with several government officials. He also 
visited the Irrawaddy Delta and met with the Cyclone Nargis Tripartite 
Core Group, consisting of the UN, the Association of Southeast Asian 
Nations, and the Government. Although his schedule was tightly 
controlled, he was permitted to visit Insein Prison, where Ojea 
Quintana insisted on meeting privately with five political prisoners: 
Win Tin, U Gambira, Su Su Nwe, Kyaw Kyaw, and Thurein Aung. He had a 
10-minute meeting with the NLD's CEC as well as meetings with the 
Government-sponsored National Union Party.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The new constitution prohibits discrimination on the basis of 
``race, birth, religion, official position, status, culture, sex, and 
wealth.'' However, the SPDC continued to rule by decree and was not 
bound by any constitutional or statutory provisions concerning 
discrimination based on race, gender, disability, language, or social 
status.

    Women.--Rape is illegal, but the Government did not enforce the law 
effectively. If the victim is under 14 years of age, the act is 
considered rape with or without consent. In such cases the maximum 
sentence is two years' imprisonment when the victim is between ages 12 
and 14, and 10 years' to life imprisonment when the victim is under 12. 
Spousal rape is not a crime unless the wife is under 14.
    The Government did not release statistics regarding rape; however, 
it stated that rape was not common in populous urban areas but occurred 
more often in remote areas. The regime did not release any statistics 
concerning the number of rape prosecutions and convictions.
    Domestic violence against women, including spousal abuse, remained 
a problem; however, because the Government did not maintain statistics 
related to spousal abuse or domestic violence, it was difficult to 
measure. There are no laws specifically against domestic violence or 
spousal abuse, although there are laws related to committing bodily 
harm against another person. The related prison terms range from one 
year to life, in addition to possible fines. The Government-affiliated 
MWAF sometimes lobbied local authorities, including the police, to 
investigate domestic violence cases involving spousal abuse. Since the 
MWAF is controlled by wives of regime leaders, police usually 
investigated such cases referred to them by the group.
    Prostitution is prohibited by law and punishable by three years in 
prison; however, its prevalence grew in urban areas, particularly in 
some of Rangoon's ``border towns'' and ``new towns,'' populated chiefly 
by poor families who were relocated forcibly from older areas of the 
capital.
    There are no laws against sexual harassment, which continued to be 
a problem.
    Women remained underrepresented in most traditionally male 
occupations and were effectively barred from certain 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 are entitled to receive up to 26 weeks 
of maternity benefits, but in practice these benefits often were not 
accorded them.
    There were no independent women's rights organizations, although 
there were several groups with some relationship to the Government. The 
MWAF, chaired by the wife of former prime minister General Soe Win, was 
the leading ``nongovernmental'' women's rights organization. With 
branches in all 14 states and divisions, it was the primary government 
organization responsible for addressing women's interests. The Myanmar 
Maternal and Child Welfare Association, another government-controlled 
agency, provided assistance to mothers and children. These 
organizations were closely allied with the Government and conducted 
activities that furthered government objectives. The Myanmar Women 
Entrepreneurs' Association, a professional society for businesswomen, 
provided loans to women starting new businesses. While not controlled 
by the Government, the association enjoyed good relations with the 
Government and was allowed to conduct its activities to support women 
in business.

    Children.--The Government did not dedicate significant resources to 
protecting the rights and welfare of children. Children were at high 
risk, as deteriorating economic conditions forced destitute parents to 
take them out of school to work in factories and teashops or to beg. 
Many were placed in orphanages. With few or no skills, increasing 
numbers of children worked in the informal economy or in the street, 
where they were exposed to drugs, petty crime, risk of arrest, 
trafficking for sex and labor exploitation, and HIV/AIDS.
    Rohingya Muslims who returned to Rakhine faced difficulty when 
attempting to register births of their children.
    By law education is compulsory, free, and universal through the 4th 
standard (approximately age 10). However, the Government continued to 
allocate minimal resources to public education. There has been a growth 
in private educational institutions to fill the gap, despite a law 
requiring private schools to obtain government authorization to collect 
tuition. Additionally, due to extremely low teachers' wages, many 
parents had to supplement teachers' salaries in order to send their 
children to school. Rates of school attendance were low, largely due to 
increasing economic hardship. The UN Children's Fund (UNICEF) reported 
that 50 percent of primary school students left school before finishing 
the 4th standard.
    There are laws prohibiting child abuse, but they were neither 
adequate nor enforced. The Government stated that child abuse was not a 
significant problem. However, accurate statistics were not available, 
and some international NGOs believed the problem was more widespread 
than the Government acknowledged.
    Trafficking in girls for the purpose of prostitution--especially 
Shan girls who were sent or lured to Thailand--persisted as a major 
problem. In Rangoon and Mandalay, foreign diplomatic representatives 
noted widespread presence of female prostitutes who appeared to be in 
their teens. Additionally, some brothels reportedly offered young 
teenage ``virgins'' to their customers for a substantial additional 
fee.

    Trafficking in Persons.--Although there are laws prohibiting 
trafficking in persons, trafficking, including of children, remained a 
problem; however, there were no reliable statistics regarding its 
extent. Laws specifically prohibiting child prostitution and child 
pornography were not enforced effectively. In addition to forced labor 
and forced recruitment of adult and child civilians to work as 
soldiers, victims were trafficked to East and Southeast Asia and the 
Middle East for sexual exploitation, domestic servitude, and bonded 
labor.
    Government data showed that Thailand was the primary destination 
for trafficking victims, with much smaller numbers going directly to 
China, Malaysia, Bangladesh, the Republic of Korea, and Macau.
    Young women and girls were at high risk for trafficking for the 
purpose of sexual exploitation, while both young men and women were 
trafficked to East and Southeast Asia and the Middle East for domestic 
servitude and bonded labor. Victims of trafficking faced hazardous 
conditions, including sexual and physical abuse by their traffickers, 
poor nutrition and sanitary conditions, and disease, including 
tuberculosis and HIV/AIDS.
    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 centers to areas 
where prostitution flourished (trucking routes, mining areas, military 
bases, and industrial areas) as well as along the borders with Thailand 
and China. Men and boys also reportedly were trafficked to other 
countries for sexual exploitation and labor.
    Some human traffickers appeared to be free-lance, small-scale 
operators using village contacts to send victims to trafficking 
brokers. Brokers were primarily foreign, but some Burmese brokers 
operated in Thailand and China.
    The penalties for trafficking women and minors is 10 years to life; 
for trafficking men, five to 10 years; for fraud for the purpose of 
trafficking, three to seven years; for using trafficked victims for 
pornography, five to 10 years; for trafficking with an organized 
criminal group, 10 years to life; for serious crime involving 
trafficking, 10 years to life or the death penalty; for a public 
official accepting money related to an investigation of the trafficking 
law, three to seven years. All penalties also include the option of a 
fine.
    The Government made limited progress against trafficking in 
persons. Officials recognized the importance of preventing cross-border 
trafficking and prosecuting traffickers, although they often conflated 
human smuggling and human trafficking, and they did little to combat 
domestic trafficking and took no action on forced labor. Authorities 
claimed to identify more than 400 traffickers involved in 191 separate 
cases in 2006; the Government took action against 274 offenders, of 
whom 65 were convicted, and returned 419 trafficking victims, according 
to police reports. Most of those convicted received sentences of less 
than five years. Since the Government did not accurately distinguish 
between human traffickers and smugglers, the actual number of 
traffickers convicted was probably less.
    The Ministry of Home Affairs continued to maintain that there was 
no complicity of government officials in trafficking; however, 
corruption among local government officials was widespread. NGOs 
reported that government officials were complicit in trafficking, 
although it appeared limited to local and regional officials turning a 
blind eye to trafficking activities. Authorities took no law 
enforcement action against trafficking by government or military 
officials. Although corruption was pervasive along the borders, there 
were no reports of action taken against officials complicit in 
profiting from or involved in trafficking.
    The Government had four vocational training centers and one house 
to shelter female trafficking victims; male victims were temporarily 
sheltered in training schools. The Government insisted that repatriated 
victims stay for one month in these centers, where they were confined 
contrary to international norms of victim protection.
    The MWAF and the Department of Social Welfare provided some basic 
health and compulsory counseling services and job training for 
trafficking victims before turning them over to an NGO or returning 
them to their families. However, government funding for these programs 
was very limited.
    The Government made it difficult for single women to obtain 
passports or marry foreigners, ostensibly to reduce the outflow of 
women as victims of trafficking. Regulations forbid females under the 
age of 25 from crossing the border unless accompanied by a guardian, 
but most trafficked women crossed the border without passports.
    The Ministry of Home Affairs placed antitrafficking units at nine 
locations known for frequent trafficking. With assistance from 
international NGOs, the Government conducted training and advocacy 
workshops and also approved nationwide television and radio 
announcements and distribution of materials at the state/division 
level.
    The Government worked with the UN Inter--Agency Project on Human 
Trafficking to sponsor seminars for national, state/division, and 
lower-level authorities and received training from the Asia Regional 
Trafficking in Persons Project.
    On February 7, the Government approved a National Action Plan 
against Trafficking in Persons. The five-year plan lays out the 
Government's priorities for 2007-2011. A senior police official stated 
that the Government's priorities included conducting training courses, 
improving support services provided to victims, raising public 
awareness, and improving coordination with neighboring countries on 
cross-border trafficking-in-persons matters.
    International and local NGOs offered poverty alleviation and 
educational programs designed to counter trafficking. These programs 
were moderately successful.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The Government did not actively 
discriminate against persons with disabilities in employment, access to 
health care, education, or the provision of other state services, but 
there were few official resources to assist persons with disabilities. 
There are no laws mandating accessibility to buildings, public 
transportation, or government facilities, and persons with disabilities 
faced societal discrimination. There were several 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 one year for a temporary disability and a 
tax-free stipend for permanent disability; however, the Government did 
not provide job protection for private sector workers 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 operated three 
schools for the blind, two for the deaf, two rehabilitation centers for 
adults with disabilities, and two for children with disabilities. 
However, the Government provided inadequate funds for its schools and 
programs for persons with disabilities.

    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. The abuses included reported killings, 
beatings, torture, forced labor, forced relocations, and rapes of Chin, 
Karen, Karenni, Rohingya, Shan, Mon, and other ethnic groups by 
government soldiers. Some armed ethnic groups also may have committed 
abuses, but on a much smaller scale than the Government army.
    Rohingya Muslims who returned to Rakhine State were discriminated 
against because of their ethnicity. Returnees faced severe restrictions 
on their ability to travel, engage in economic activity, obtain an 
education, and register births, deaths, and marriages.
    Ethnic minority groups generally used their own languages at home. 
However, throughout all parts of the country controlled by the 
Government, including ethnic minority areas, Burmese remained the 
mandatory language of instruction in state schools, and teaching in 
local languages was not offered. 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.
    The Government continued to resettle groups of ethnic Burmans in 
various ethnic minority areas through the establishment of ``model 
villages'' in Rakhine State and other regions. Many of these new 
inhabitants had been released from prison on the condition that they 
resettle in a ``model village.'' Government jobs in ethnic minority 
regions, including as teachers, were increasingly reserved for ethnic 
Burmans, according to reports from Kachin and Kayah states.
    There were ethnic tensions between Burmans and nonindigenous ethnic 
populations, including South Asians, many of whom were Muslims, and a 
rapidly growing population of Chinese, most of whom emigrated from 
Yunnan Province. Chinese immigrants increasingly dominated the economy 
of the northern part of the country.

    Other Societal Abuses and Discrimination.--Many citizens viewed 
homosexuals with scorn. Penal code provisions against ``sexually 
abnormal'' behavior were applied to charge gays and lesbians who drew 
unfavorable attention to themselves. Nonetheless, homosexuals had a 
certain degree of protection through societal traditions.
    HIV-positive patients were discriminated against, although HIV 
activists reported that awareness campaigns helped to reduce 
discrimination and stigma. However, some persons reportedly were 
reluctant to visit clinics that treat HIV/AIDS patients for fear of 
being suspected of having the disease.
Section 6. Worker Rights
    a. The Right of Association.--The law permits workers to form trade 
unions with the prior consent of the Government; however, no free trade 
unions existed in the country. Domestic and internationally affiliated 
unions are not allowed, nor is individual membership in unions.
    The Government maintained its 2006 ruling that criminalizes contact 
with the Federation of Trade Unions--Burma (FTUB), claiming it is a 
``terrorist group.''
    The Government forbade seafarers who found work on foreign vessels 
through the Seafarers Employment Control Division from having contact 
with the Seafarers' Union of Burma (SUB)-affiliated to the Government-
banned FTUB--and the International Transport Workers' Federation, and 
the Government often refused to document seafarers who were abroad, 
which made it impossible for a seafarer to find regular employment.
    The law prohibits labor strikes, although employees at a number of 
large factories organized more than 60 informal strikes during the year 
and in many cases won higher wages. Most strikes were resolved without 
government intervention, but in some cases authorities pressured 
workers and employers for resolution.
    In July a single judge on the Supreme Court rejected the appeals of 
six labor activists--Thurein Aung, Kyaw Kyaw, Wai Lin (Wai Aung), Nyi 
Nyi Zaw, Kyaw Win (Wanna), and Myo Min--arrested in connection with a 
labor rights seminar in Rangoon in May 2007 and sentenced in September 
2007 to 20 to 28 years' imprisonment for sedition, reportedly without 
proper legal representation. In November labor rights activist Su Su 
Nway, who had successfully brought a forced labor complaint to the ILO 
in 2006 but subsequently was arrested for supporting the Saffron 
Revolution, was sentenced to more than 12 years' imprisonment for 
sedition.
    These convictions were in addition to previously incarcerated FTUB 
leaders and labor activists serving long-term sentences, including FTUB 
Central Executive Committee member Myo Aung Thant, U Aung Thein, Khin 
Maung Win, Ma Khin Mar Soe, Ma Thein Thein Aye, U Aung Moe Tin Oo, Kyi 
Thein, Chaw Su Hlaing, U Tin Hla, and 10 FTUB organizers in the Pegu 
area.

    b. The Right to Organize and Bargain Collectively.--The Government 
generally does not allow workers to organize or bargain collectively. 
However, Workers' Supervision Committees (WSCs) have been created in 
some government-designated industrial zones. The WSCs were composed of 
four representatives of the workers and chaired by the factory owner. 
In some cases, particularly in wholly WSC foreign-owned companies, 
workers were permitted to elect their representatives. However, in many 
companies management selected the workers' representatives to the WSC. 
On average WSCs met monthly to discuss grievances. If a dispute could 
not be resolved at the factory level, it was referred to a township 
committee chaired by the township chairman. The township committee 
attempted to resolve the problem through negotiation or, if necessary, 
arbitration. During the period that a dispute is before the WSC 
process, the workers must continue their work, and demonstrations are 
prohibited.
    The Government's central arbitration board, which once provided a 
means for settling major labor disputes, remained dormant, although the 
Ministry of Labor reportedly played an arbitration role in settling 
some disputes. Township WSCs addressed minor labor concerns. Local 
labor authorities intervened as mediators in informal labor strikes to 
ensure peaceful resolutions between workers and employers.
    The Government unilaterally set wages in the public sector. In the 
private sector, market forces generally set wages; however, the 
Government pressured joint ventures to pay salaries no 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.
    There are no export processing zones; however, there are special 
military-owned industrial parks. Labor laws are applicable in all 
industrial zones and across all industries, but they were not always 
enforced.

    c. Prohibition of Forced or Compulsory Labor.--The law provides for 
the punishment of persons who impose forced labor on others. However, 
government and military use of forced or compulsory labor remained a 
widespread and serious problem, particularly targeting members of 
ethnic minority groups. Throughout the country international observers 
verified that the Government routinely forced citizens to work on 
roads, construction, and other maintenance projects. Citizens also were 
forced to work in the military-owned industrial zones.
    The Government's use of forced labor in support of military 
garrisons or military operations remained serious in ethnic or 
religious minority regions. According to credible NGO sources, 
villagers were ordered to build or repair military camp infrastructure 
and perform other tasks within the camps, such as standing guard. The 
same sources also reported that villagers were required to bring 
lumber, at their own expense, to construct and repair military 
facilities.
    During the year NGOs presented credible evidence that the army 
continued to use ethnic Karen villagers as porters in attacks against 
Karen villages in Bago Division and Karen and Kayah states.
    The ILO reported that military units continued to issue oral rather 
than written demands to village heads to provide forced labor. 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. The ILO reported that since 2002 the Government 
increasingly used prisoners not sentenced to hard labor in place of 
civilians as forced laborers, possibly due to international pressure 
against the use of civilians.
    Reports of forced labor for smaller projects in villages 
countrywide persisted. Authorities also continued to use forced labor 
countrywide to maintain existing civil infrastructure, including 
transportation and irrigation facilities. 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.
    There were reports from nearly every division and state that 
authorities forced citizens to buy and plant physic nut trees on public 
and private property as part of the regime's campaign to produce more 
biodiesel fuel. Those who tried to avoid planting the trees were 
frequently threatened with fines.
    In February the 2007 Supplementary Understanding, an agreement 
between the Government and the ILO, was extended for an additional 12 
months. Under the agreement the Government allows the ILO to set up a 
system allowing citizens to register complaints with the ILO without 
government retaliation; it also requires the Government and the ILO to 
investigate jointly allegations of labor abuses referred by the ILO.

    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 was prevalent and highly 
visible. In cities children were employed primarily in small or family 
enterprises. In rural areas children worked in family agricultural 
activities. Children working in the urban informal sector in Rangoon 
and Mandalay often began work at very young ages. In cities child 
workers were found mostly in the food processing, street vending, 
refuse collecting, and light manufacturing industries and as restaurant 
and teashop attendants.
    The law does not 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.
    No specific government agency was designated to enforce child labor 
laws. UNICEF continued to work with the Ministry of Labor to facilitate 
several interagency meetings and workshops on the protection of 
children. UNICEF representatives stated that the Government worked with 
them to disseminate the minimum standards for the protection of working 
children.

    e. Acceptable Conditions of Work.--Only government employees and 
employees of a few traditional industries were covered by minimum wage 
provisions. The minimum monthly wage for salaried public employees 
remained on a par with the market monthly wage of 15,000 kyat 
(approximately $11.50) for what was in effect an eight-hour workday. 
The rate for day laborers was 500 kyat ($0.38) per day. 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 real wages in the 
public sector fostered widespread corruption and absenteeism. In the 
private sector, urban laborers earned 500 to 1,000 kyat ($0.38 to 
$0.75) per day, while rural agricultural workers earned approximately 
half that rate. Some private sector workers earned substantially more; 
for example, a skilled factory worker earned 30,000 kyat ($23) per 
month, according to private sector employers.
    A surplus of labor, a poor economy, and the lack of protection by 
the Government continued to foster substandard conditions for workers. 
The law prescribes a five-day, 35-hour workweek for employees in the 
public sector and a six-day, 44-hour workweek for private and state 
enterprise employees, with overtime paid for additional work. Factory 
workers at state-owned enterprises must work 44 to 48 hours per week, 
depending on the type of factory. The law also allows for a 24-hour 
rest period per week, and workers are permitted 21 paid holidays per 
year; however, in practice such provisions benefited only a small 
portion of the labor force, since most was engaged in rural agriculture 
or the informal sector. The laws were generally enforced in the 
Government sector, but there were frequent violations by private 
enterprises.
    Numerous health and safety regulations existed, but the Government 
did not enforce them. Although workers may remove themselves from 
hazardous conditions, many could not expect to retain their jobs if 
they did so.

                               __________

                                CAMBODIA

    Cambodia is a constitutional monarchy with an elected government 
and a population of approximately 14 million. In national elections on 
July 27, the Cambodian People's Party (CPP), led by Prime Minister Hun 
Sen, won 90 of 123 National Assembly seats. Most observers assessed 
that the elections took place in an overall peaceful atmosphere with an 
improved process over past elections. However, observers noted the 
elections did not fully meet international standards. The CPP continued 
to dominate the three branches of government and other national 
institutions, with most power concentrated in the hands of the prime 
minister. Although the civilian authorities nominally controlled the 
security forces, in many instances security forces acted under 
directives of the CPP leadership.
    The Government's human rights record remained poor. Security forces 
committed extrajudicial killings and acted with impunity. Detainees 
were abused, often to extract confessions, and prison conditions were 
harsh. Human rights monitors reported arbitrary arrests and prolonged 
pretrial detention, underscoring a weak judiciary and denial of the 
right to a fair trial. Land disputes and forced evictions were a 
continuing problem. The Government restricted freedom of speech and the 
press and at times interfered with freedom of assembly. Corruption was 
endemic. Domestic violence and child abuse occurred, education of 
children was inadequate, and trafficking in women and children 
persisted. The Government offered little assistance to persons with 
disabilities. Antiunion activity by employers and weak enforcement of 
labor laws continued, and child labor in the informal sector remained a 
problem.
    On February 15, the Government passed and promulgated a 
comprehensive Law on Suppression of Human Trafficking and Sexual 
Exploitation containing provisions criminalizing all forms of human 
trafficking. By year's end the Cambodian National Police had arrested 
perpetrators in 48 trafficking-in-persons and related cases, and the 
courts had convicted at least 12 persons on trafficking-related 
charges.
                        respect for 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, human rights nongovernmental organizations 
(NGOs) reported that extrajudicial killings continued to occur.
    From January to August, the Cambodian Human Rights and Development 
Association (ADHOC) recorded 40 cases of extrajudicial killings, 16 of 
which allegedly were committed by police, 15 by soldiers, and the 
remaining nine reportedly by local-level government officials. Police 
arrested suspects in at least three cases.
    On April 13, a Palhal Commune police officer in Tbeng Meanchey 
District, Preah Vihear Province, shot and killed Buern Soksina during a 
motorcycle chase. The victim reportedly was unarmed. The officer paid 
the victim's family five million riels (approximately $1,250). At 
year's end there was no arrest in the case, and the police officer 
remained on duty.
    On April 12, a villager who had sustained head injuries after 
government security forces beat him during the November 2007 Preah 
Vihear eviction died. An NGO reported that the victim had remained in 
pretrial detention until April 6, when he was taken to the hospital for 
medical treatment. According to the NGO, a hospital doctor stated that 
the deceased died from a previously undiagnosed brain disease; however, 
the NGO claimed that the villager died from head injuries.
    On October 2, military soldier Heng Phanith reportedly opened fire 
into a small crowd gathered near his parked car after the soldier found 
damage to his car, killing bystander Suon Chanthoeun and injuring two 
others. Heng Phanith fled the scene, and at year's end his whereabouts 
were unknown. The Phnom Penh Municipal Court reportedly issued an 
arrest warrant for the soldier. His family reportedly paid monetary 
compensation to the deceased victim's family and was negotiating to 
compensate one of the other victims.
    Political and human rights activists continued to be the victims of 
killings, but NGOs, international organizations (IOs), and police could 
not confirm that the deaths were politically motivated. During the year 
there were as many as 17 killings of political activists reported, with 
NGO and IO investigations coming to different conclusions and 
indicating that anywhere from none to seven of the killings may have 
been politically motivated.
    On May 7, villagers in Tak O'Khang Cheung Village, Kirivong 
District, Takeo Province, found in an irrigation channel the body of 
Cheang Sorm, reportedly a former CPP activist who a local Human Rights 
Party (HRP) chief claimed had switched to the HRP. CPP officials denied 
the deceased had switched parties. A police investigation concluded 
that Cheang Sorm died after accidentally falling and closed the 
investigation. An NGO reportedly viewed photos of Cheang Sorm's corpse 
showing his head twisted in a way that suggested his neck may have been 
broken and his front teeth broken and missing. One NGO investigation 
concluded that the incident was politically motivated.
    On May 17, Norodom Ranariddh Party (NRP) Deputy Chief Sok Run in 
Banteay Dek Commune, Kien Svay District, Kandal Province, was found 
dead in an irrigation channel with bruises on his back and signs of 
bleeding from his nose, ears, and eyes. He was last seen alive walking 
home after inviting village NRP members to a meeting. A local police 
investigation concluded that Sok Run accidentally fell to his death. 
NGO investigations concluded that an unidentified assailant caused the 
injuries and that the death was politically motivated.
    On July 11, unidentified assailants on a motorcycle shot and killed 
journalist Khem Sambo, known for his work for pro-opposition Sam Rainsy 
Party (SRP) newspaper Moneaksekar Khmer, and his 22-year-old son, Khat 
Sarintheada. Some investigators noted eyewitness accounts that after 
shooting Khem Sambo and driving away, the assailants returned to the 
scene and fired additional shots at his son. At year's end the 
investigation was ongoing, and the identity of the killers and their 
motive remained unknown.
    There were no developments in the following cases: the February 
2007 death of Khmer Kampuchea Krom monk Eang Sok Thoeurn, who was found 
with his throat cut in Kandal Province; the February 2007 killing of 
SRP activist Chea Sovin, who was shot in Battambang Province; the April 
2007 incident involving police officer Siv Soeun, who killed a person 
in Kampong Cham Province; or the July 2007 killing of SRP commune level 
vice party chairperson Kleb Un.
    There were no developments in the following 2006 deaths: SRP 
activists Koent Chhuon and Thoeung Thear; Pao Rum and Khat Thoeun; 10 
inmates killed after escaping from Kampong Thom and Battambang prisons; 
and Nong Sam.
    Mines dating from the Indochina conflict and Khmer Rouge period 
continued to cause casualties. According to the Cambodia Mine/UXO 
Victim Information System, during the year mines and unexploded 
ordnance caused 47 deaths, 47 amputations, and 169 other injuries.
    Local NGOs reported two mob killings during the year-one related to 
a gambling dispute, the other to a theft. No suspects were arrested in 
the cases. An NGO reported five cases of mob killings in 2007. In 
previous years NGOs noted that a majority of mob killings were related 
to thefts, robberies, or suspected witchcraft.
    There were no developments in the June 2007 mob killings in Kampong 
Speu and Kampong Chhnang provinces.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year.
    On June 28, a Vietnam prison released Khmer Kampuchea Krom monk Tim 
Sakhorn, head of a pagoda in Takeo Province who disappeared from 
Cambodia in June 2007; at year's end he was reportedly under house 
arrest in Vietnam with constant police surveillance.
    In the August 2007 disappearance of Land Border Protection Unit 504 
soldier Im Bun Ny, at year's end there were no arrests, and Im Bun Ny 
remained missing. Four soldiers from his unit reportedly paid 
compensation to the victim's family. The soldiers allegedly had beat Im 
Bun Ny to death and buried his body.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, 
beatings and other forms of physical mistreatment of police detainees 
and prison inmates continued to be a serious problem.
    There were credible reports that military and civilian police 
officials used physical and psychological torture and on occasion 
severely beat criminal detainees, particularly during interrogation. 
NGO reports stated that authorities allegedly tortured at least 85 
prisoners, of whom 78 were tortured in police custody and seven in 
prisons. Kicking, punching, and pistol whipping were the most common 
methods of physical abuse, but techniques also included electric 
shocks, suffocation, caning, and whipping with wire. NGOs reported that 
it was not uncommon for police to torture detained suspects until they 
confessed to a crime. Courts used forced confessions as legal evidence 
during trial despite admissibility prohibitions under the law.
    ADHOC noted that there were 110 cases of physical assaults on 
civilians by local authorities, government agents, or private 
bodyguards during the year, compared with 181 cases in 2007.
    At year's end there was no arrest in connection with the May 2007 
case of Kampong Speu Province military police officer Prak Vutha, who 
reportedly arrested and beat unconscious a man named Sok Soeun.
    There were no developments in the following 2006 cases: two 
policemen from Border Protection Unit 701 implicated in the beating of 
a 13 year old boy, Police Commissioner Team Sangkriem in Preah Vihear 
Province and three other police agents who detained Kong Salath without 
a warrant and beat him, and Battambang military police who reportedly 
beat a motorist. In the 2006 case of Tous Sdoeung, whom two military 
police officials allegedly tortured to death, there were no arrests or 
court action; the police officials reportedly paid compensation to the 
victim's family.
    Reliable reports indicated that some police and the Ministry of 
Social Affairs, Veterans, and Youth Rehabilitation (MOSAVY) guards 
raped, physically abused, robbed, and extorted some detainees in police 
custody and MOSAVY rehabilitation centers.

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards. Conditions remained harsh and at times 
were life threatening. Government efforts to improve them continued to 
be hampered by a 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.
    There were reports at some prisons that cells of 40 by 20 feet held 
up to 110 prisoners. At Correctional Center 1 prison, cells of 26 by 26 
feet held an average of 50 prisoners. In some prisons authorities used 
shackles and held prisoners in small, dark cells as a form of harsher 
punishment. There were reports that at least 36 prisoners died in 
custody in 18 prisons during the year.
    On April 6, in the Toul Sangke area of Russei Keo District in Phnom 
Penh, a mob beat Bun Vannarith for allegedly stealing a necklace. After 
police arrived on the scene, they took the man to the hospital for 
treatment but then removed him with a doctor's approval and placed him 
in police detention. Police later found Bun Vannarith dead in his cell; 
there was no police investigation of his death.
    On April 28, 21-year-old prisoner Yan Sok Kea died at Preah 
Monivong Hospital, reportedly from a high fever. An NGO believed the 
death was the result of delays in providing medical treatment.
    On November 21, 24-year-old prisoner Heng Touch died at Calmette 
Hospital in Phnom Penh. Prey Sar prison officials reported that Heng 
Touch was trying to kill himself by banging his head against a wall. 
However, persons close to the victim reported that before Heng Touch 
was sent to the hospital, he told them that he had been beaten with a 
metal rod wrapped with cloth. An NGO reported Heng Touch had serious 
injuries to his skull and torso. A hospital medical certificate stated 
that he suffered multiple traumas and died while in a coma. The 
victim's family filed a complaint to the Phnom Penh Municipal Court, 
and the court investigation reportedly was ongoing at year's end.
    An NGO reported that one elderly woman died while in detention in 
one of the MOSAVY rehabilitation centers, having had no access to 
medical care.
    Government ration allowances for purchasing prisoners' food 
routinely were misappropriated and inadequate, exacerbating 
malnutrition and disease. One NGO claimed that in some cases prison 
authorities sold the NGO's donations of supplemental food intended for 
prisoners. According to rights organizations, families had to bribe 
prison officials to visit prisoners or provide food and other 
necessities. NGOs reported that prisoners whose families bribed prison 
authorities received preferential treatment including access to 
visitors, transfer to better cells, and the opportunity to leave cells 
during the day.
    There were credible reports that officials demanded bribes before 
allowing prisoners to attend trials or appeal hearings and before 
releasing inmates who had served full jail terms.
    In most prisons there was no separation of adult and juvenile 
prisoners, of male and female prisoners, or of persons convicted of 
serious crimes and persons detained for minor offenses. Pretrial 
detainees were routinely held together with convicted prisoners. As of 
December 703 minors ages 13 to 17 reportedly were incarcerated, and 
many were held in prisons that did not have facilities to separate 
minors from adult prisoners. Also as of December, it was reported that 
three pregnant women were in prison, and at least 43 children were 
detained together with their mothers.
    The Government generally continued to allow international and 
domestic human rights groups, including the International Committee of 
the Red Cross, to visit prisons and provide human rights training to 
prison guards. However, NGOs reported that at times cooperation from 
local authorities was limited, sometimes making it difficult to gain 
access to pretrial detainees. The Ministry of Interior (MOI) continued 
to require that lawyers, human rights monitors, and other visitors 
obtain permission prior to visiting prisoners. The MOI withheld such 
permission in some politically sensitive cases. Contrary to previous 
years, at times officials permitted NGOs to interview prisoners in 
private.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, at times the Government did not respect 
these prohibitions. The criminal procedures code allows for pretrial 
detention of up to six months for misdemeanors and 18 months for 
felonies. Legal Aid of Cambodia reported that some accused were held in 
pretrial detention longer than the legal time limit, sometimes without 
legal representation or trial. Additionally, some courts lost case 
files during pretrial detention periods, delaying court procedures.
    ADHOC reported at least 96 cases of illegal arrest or detention 
during the year. ADHOC stated that victims in 46 illegal detention 
cases subsequently were freed following detainee complaints, 
interventions by human rights NGOs, or payment of bribes. ADHOC 
believed that the actual number of arbitrary arrests and detentions was 
somewhat higher, because some victims in rural areas did not file 
complaints due to difficulty in traveling to the NGO's offices or out 
of fear for their family's security. According to ADHOC, authorities 
took no legal or disciplinary actions against the persons responsible 
for the illegal actions.

    Role of the Police and Security Apparatus.--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 
without such authority, and the judicial police. Military police are 
permitted to arrest civilians on military property or when authorized 
by local governments.
    Police officials killed citizens and committed other abuses with 
impunity, and in most cases the Government took little or no action. 
There were reports that police, prosecutors, investigating judges, and 
presiding judges received bribes from owners of illegal businesses.
    The law requires police, prosecutors, and judges to investigate all 
complaints, including those of police abuses; however, in practice 
judges and prosecutors rarely conducted an independent investigation 
prior to a public trial. Presiding judges passed down verdicts based 
only on written reports from police and witness testimonies. In general 
police received little professional training. Police who failed to 
prevent or respond to societal violence were rarely disciplined.
    On July 11, Brigade 70 Major Meur Bora reportedly beat two men 
after the vehicle they were driving scratched the side of Meur Bora's 
vehicle. Phnom Penh police detained Meur Bora overnight but released 
him the next day after he gave money to the victims. There was no 
further police or court investigation into the case.
    On August 3, the unidentified driver of a vehicle belonging to the 
prime minister's nephew struck and killed a man on a motorcycle. Local 
police stationed nearby reportedly left the scene without taking 
action. Military police arrived; however, the driver later left the 
scene without charge. Several days later the victim's family was 
reported to have been paid $4,000 in compensation. There was no report 
of further police or court investigation into the case.
    On September 4, a person believed by some witnesses to be a 
government bodyguard shot and killed a woman while reportedly playing 
with a gun during a drinking bout in a restaurant in Kandal Province. 
Later that night Phnom Penh police arrested the perpetrator; however, 
the court released him without charges. The alleged perpetrator 
reportedly gave 10.8 million riel ($2,700) to the victim's family as 
compensation. At year's end the case was under review by the Kandal 
Provincial Court investigating judge.
    There were no developments in the following 2006 cases: an antidrug 
department and military police officer who shot and injured singer 
Sovansocheata; two Brigade 70 military unit officials who shot and 
injured a person in Phnom Penh; a military officer who shot and injured 
a garment factory worker; or the appeal of the 2006 acquittal of three 
judges, two deputy prosecutors, and two court clerks originally 
convicted, then retried after appeal on finding of a mistrial, on 
charges of corruption and corruption related conspiracy. In the 2006 
case of three police officials accused of raping a 12 year old girl, on 
July 4, the Siem Reap Provincial Court convicted in absentia the 
officials to 17 years in prison each. However, police reportedly were 
not able to locate the three to enforce the sentence.

    Arrest and Detention.--The law requires police to obtain a warrant 
from an investigating judge prior to making an arrest, but police may 
arrest without a warrant anyone caught in the act of committing a 
crime. The law allows police to take a person into custody and conduct 
an investigation for 48 hours, excluding weekends and government 
holidays, before charges must be filed. In felony cases of exceptional 
circumstances prescribed by law, police may detain a suspect for an 
additional 24 hours with the approval of a prosecutor. However, 
authorities routinely held persons for extended periods before charging 
them. Many prisoners, particularly those without legal representation, 
had no opportunity to seek release on bail. Under the criminal 
procedures code, accused persons may be arrested and detained for up to 
24 hours before being afforded access to legal counsel, but prisoners 
routinely were held for several days before gaining access to a lawyer 
or family members. According to government officials, such prolonged 
detention largely was a result of the limited capacity of the court 
system.
    In June human rights groups reported the arbitrary detention of 
prostitutes detained after brothel raids and persons who were homeless, 
including the mentally ill, pregnant, sick, elderly, and children, at 
two rehabilitation centers run by MOSAVY in Phnom Penh and Kandal 
Province. The detainees had not been charged with a crime by police or 
courts but reportedly were held behind bars in the rehabilitation 
centers. In June and September, MOSAVY released the detainees from the 
centers.
    It was reported by an NGO that as of December at least 25 pretrial 
detainees had been detained longer than the four month limit for 
misdemeanors and the 18-month limit for felonies.
    On February 18, Order Police in the Cham Chao district of Phnom 
Penh detained Priep Pov, a police officer who was involved in a Kep 
Municipality land dispute with Princess Norodom Marie Ranariddh, and 
held him without charges for five weeks. Police reported that they had 
the right to detain another officer as part of their internal 
disciplinary procedures. However, the 1995 Declaration on the 
Discipline of the National Police Forces specifies only warnings, 
demotions, expulsions from units, or court prosecution as punishments. 
On March 24, Priep Pov was released for medical attention. Criminal 
charges were filed against him with the Kampot Province Court in 
relation to the land dispute. No action was taken against Phnom Penh 
Order Police.
    There were no developments in the following 2007 arrest and 
detention cases: two military police officials in Banteay Meanchey 
Province who detained Kim Heang without a warrant; or the Ratanakiri 
Province pretrial detention and sentencing of a 13 year old Jarai 
ethnic minority youth to eight months and 10 days, despite his being 
under the minimum age for imprisonment when he was arrested. At year's 
end the youth remained in jail, and the appeals court had not set a 
trial date to review the case appeal, filed by the court prosecutor in 
May 2007.
    At year's end the appeals court had not set a trial date for the 
appeal of an August 2007 Phnom Penh Municipal Court decision convicting 
six persons and acquitting two charged with planning bombings at the 
2006 Water Festival. Lawyers and NGOs maintained that police did not 
serve arrest warrants or inform the suspects of the charges against 
them.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, but in practice the Government generally did not 
respect judicial independence. The courts were subject to influence and 
interference by the executive branch, and there was widespread 
corruption among judges, prosecutors, and court officials.
    The court system consists of lower courts, an appeals court, and 
the 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 and prosecutors. The composition of both councils 
heavily favored the CPP.
    There is a separate military court system, which suffered from 
deficiencies similar to those of the civilian court system. While 
civilians may fall under military court jurisdiction in some cases, the 
legal distinction between the military and civil courts sometimes was 
ignored in practice.
    In August the Extraordinary Chambers in the Courts of Cambodia 
(ECCC) refined its internal rules to prosecute more rapidly egregious 
crimes of the 1975 79 Khmer Rouge regime. In July the ECCC 
coinvestigating judges brought the closing order (indictment) against 
Kaing Guek Eav (alias Duch), former Khmer Rouge director of the S 21 
torture prison (Tuol Sleng), for crimes against humanity and grave 
breaches of the 1949 Geneva Convention (war crimes). On an appeal of 
the closing order, a December pretrial chamber decision added the 
charges of premeditated murder and torture. At year's end Duch remained 
in an ECCC provisional detention center awaiting trial. The ECCC 
continued investigating cases against four other detained Khmer Rouge 
leaders charged with crimes against humanity and war crimes.

    Trial Procedures.--Trials are public. Juries are not used; the 
presiding judge possesses the authority to pass a verdict. 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. If a defendant cannot afford an attorney, the court 
is required to provide the defendant with free legal representation; 
however, the judiciary lacked the resources to provide legal counsel, 
and most defendants sought assistance from NGOs or went without legal 
representation. Trials typically were perfunctory, and extensive cross 
examination usually did not take place. Defendants and their attorneys 
have the right to examine government held evidence relevant to their 
cases; however, at times it was difficult for them to obtain such 
access, especially if the case was political or involved a high ranking 
government official or well connected member of the elite.
    Defendants are entitled by law to the presumption of innocence and 
the right of appeal, but due to pervasive corruption, defendants often 
were expected to bribe judges to secure a favorable 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.
    A lack of resources, low salaries, and poor training contributed to 
a high level of corruption and inefficiency in the judicial branch, and 
the Government did not ensure due process. During the year the Center 
for Social Development (CSD) monitored 2,329 felony and misdemeanor 
hearings with 3,902 defendants and found moderate trial procedure 
abuses in the Supreme Court, appeals court, and in four of the courts 
of first instance. In a report of trials observed during the same 
period, the center stated that courts tried approximately 27 percent of 
3,902 defendants in absentia. Defendants were not present during 66 
percent of appeals court trials. Of defendants charged with felonies, 
83 percent had legal representation, compared with 22 percent of those 
charged with misdemeanors. In trials monitored by the CSD, 78 percent 
of juvenile defendants had access to legal representation.
    Of 2,329 trials the CSD observed in seven provinces from January to 
December, many defendants awaiting appeal hearings remained in custody 
for prolonged periods, sometimes for a year or more. Thirty-six percent 
were released while waiting for their appeal trial, including juvenile 
defendants. Authorities released 67 percent of defendants in 
misdemeanor cases pending appeal hearings. The CSD monitored 464 
appeals court trials during the same period and reported that the court 
postponed 277 for periods of between one week and three months. Of the 
260 adult defendants in detention pending appeal, seven were detained 
for less than four months, at least 27 were detained four to 12 months, 
144 were detained one to three years, 66 from three to five years, and 
15 more than five years. Of juvenile detainees, 32 percent were 
detained pending appeal for two to four years.
    Observers reported that many cases were pending due to a shortage 
of judges and courtrooms. Observers also speculated that court 
officials might have been focusing on cases from which they could gain 
financial benefits.
    There remained a critical shortage of trained lawyers, particularly 
outside Phnom Penh. Persons without means to secure counsel often in 
effect were denied the right to a fair trial. According to the Bar 
Association, approximately 20 percent of the country's 647 lawyers 
provided pro bono legal counsel to poor persons, which was inadequate 
to cover the basic legal rights of all of the country's poor.
    Sworn written statements from witnesses and the accused usually 
constituted the only evidence presented at trials. The accused person'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 officials often exerted pressure on judges of 
civilian criminal courts 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 often enjoyed impunity.
    Although the courts prosecuted some members of the security forces 
for human rights abuses, impunity for most of those who committed 
abuses remained a problem. In many criminal cases, rich or powerful 
defendants usually paid money to victims and authorities to drop 
criminal charges against them. Authorities were known to urge victims 
or their families to accept financial restitution in exchange for 
dropping criminal charges or failing to appear as witnesses.
    On December 31, the Supreme Court released on bail Born Samnang and 
Sok Sam Oeun, imprisoned since their 2004 arrest for the murder of 
labor leader Chea Vichea, and remanded the case to the appeals court 
for reinvestigation and retrial. In 2007 the appeals court had upheld 
the original convictions and sentences of 20 years each in prison. 
During the Supreme Court announcement of its ruling, the court 
president cited insufficient evidence and gaps in procedures, and he 
relied on the constitution and new penal code as grounds for the 
decision.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The country has a 
judiciary in civil matters, and citizens are entitled to bring lawsuits 
seeking damages for human rights violations. Generally, there are both 
administrative and judicial remedies. However, the judiciary generally 
was viewed as corrupt, politically biased, and weak, and according to a 
September sample survey of adult citizens, 82 percent said going to 
court was too expensive and required bribing judges or the police. The 
public appeared especially distrustful of the judiciary to act in a 
transparent manner when a case was in conflict with the Government. 
Enforcing a court order for a civil or criminal case often was 
problematic. Persons occasionally turned to vigilante justice.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law provides for the privacy of residence and 
correspondence and prohibits illegal searches; however, observers 
reported that police routinely conducted searches and seizures without 
warrants.
    There continued to be reports of authorities entering private 
properties without proper judicial authorization. Due to the forced 
collectivization during Khmer Rouge rule and the return of hundreds of 
thousands of refugees, land ownership often was unclear. The 2001 land 
law states that any person who peacefully possessed private or state 
private property (not state public land) without contention for five 
years prior to the 2001 promulgation of the law has the right to apply 
for a definitive title to that property. Although the Ministry of Land 
Management, Urban Planning, and Construction issued its one millionth 
land title in 2007, most of the country's impoverished population 
continued to lack adequate formal documentation of land ownership. 
Provincial and district land offices continued to follow pre--2001 land 
registration procedures, which did not include accurate land surveys 
and opportunities for public comment. The Cadastral Commission failed 
to implement the identification and demarcation of state land, leading 
to land conflicts, arbitrary evictions, and ill-defined, uncontrolled 
state development. Widespread land speculation, while slowed somewhat 
in the last half of the year by stagnating land values, continued to 
fuel disputes in every province and increased tensions between poor 
rural communities and speculators. The Cadastral Commission continued 
to perform its functions slowly. The courts remained responsible for 
resolving disputes in cases where land was registered or disputants 
were given land titles. The National Authority for Land Dispute 
Resolution was ineffective, and confusion existed over its 
jurisdiction, which overlapped with that of the national and provincial 
cadastral commissions.
    Cases of inhabitants being forced to relocate continued to occur 
when officials or businesspersons colluded with local authorities. Some 
persons also used the court system to intimidate the poor and 
vulnerable into exchanging their land for compensation below market 
value. ADHOC reported receiving 306 land related cases during the year. 
During the same period, another NGO received 112 land related cases in 
Phnom Penh and 14 provinces, affecting a total of 13,397 families. The 
poor often had no legal documents to support their land claims and 
lacked faith in the judicial system. Some of those expelled 
successfully contested these actions in court, but the majority of the 
cases in the courts were still being processed.
    In January Jarai ethnic minority villagers from Kong Yu and Kong 
Thom villages appeared for questioning before the Ratanakiri provincial 
criminal prosecutor in connection with their land dispute case 
involving Keat Kolney, a well-connected individual. In June 2007 Keat 
Kolney filed a criminal complaint accusing some of the villagers of 
fraud and defamation. She claimed 1,112 acres of land in Pate Commune, 
O'Yadau District, Ratanakiri Province, based on 100 land contracts 
dated August 2004. In July 2007, 42 of the 200 villagers retracted 
earlier statements and said they willingly sold the land to Keat 
Kolney. On October 23, the Ratanakiri provincial court appointed a new 
judge to the case after villagers' lawyers successfully petitioned for 
the removal of the previous judge on grounds of lack of progress. At 
year's end there continued to be reports of Keat Kolney's company 
clearing land in the disputed territory, despite an agreement to halt 
development there while the court case proceeded.
    On February 22, approximately 100 armed police and military police 
evicted 23 families from a community in the Russei Keo District of 
Phnom Penh. Some community members protested the eviction. During the 
protest, authorities beat one woman and injured as many as four others. 
Despite documents showing residents had lived on the private land since 
1994, several businesspersons also appeared to have legitimate titles 
to the land. The Supreme Court decided that the businesspersons had a 
legal right to the land and authorized the eviction. Evicted families 
were not paid compensation.
    On March 9, soldiers in the Malai District of Banteay Meanchey 
Province fired into a crowd of approximately 500 villagers, hitting two 
in the legs. The villagers were protesting the bulldozing of state land 
straddling Banteay Meanchey and Battambang provinces, on which they 
lived and farmed. A man named Chea Sam Ath, who falsely claimed to be a 
local village chief, and his wife reportedly ordered the soldiers to 
shoot evictees. Chea Sam Ath and his wife fled; however, at year's end 
Chea Sam Ath reportedly had returned freely to the village. Villagers 
allegedly did not file complaints with the courts, and there was no 
investigation into the shootings. According to one NGO, some of the 
protesting villagers had bought the land from local soldiers and police 
officials, who also claimed to own the land; others were squatters.
    On June 21 and 22, Brigade 31 soldiers evicted approximately 450 
squatter families from the Anlong Kroum area of Chey Sena Villages in 
Taken Commune, Chhuk District, Kampot Province. Military and provincial 
government representatives stated that the eviction was part of a 
relocation program approved by the prime minister to provide land and 
homes to 260 handicapped soldiers and their families in a military 
development area already partly occupied by a military tree-planting 
program. The evicted persons apparently had no clear legal claim to the 
state land that Brigade 31 commanders claimed the prime minister 
awarded to the unit in a social land concession. During the eviction 
the military sealed off the villages and prevented others, including 
commune officials and police, from entering. Soldiers reportedly gave 
some squatters slips of paper with land plot numbers on them with a 
promise that an actual title would come later. Some of those who 
received the slips of paper were moved to a neighboring village, Kbal 
Damrey, where existing villagers reportedly were forced to share the 
land where they lived with the incoming evictees. Some of the existing 
villagers protested, and soldiers allegedly beat one of them 
unconscious and arrested him and three others on charges of willful 
damage to property and another for allegedly stealing a cellular 
telephone. On December 15, the Kampot Provincial Court acquitted three 
of the arrested villagers and sentenced the fourth to time served.
    On November 17, Kampot provincial government, forestry, 
environment, and police officials, together with military Brigade 31 
soldiers, attempted to evict approximately 300 families from Anlong 
Khmeng Leng village, Taken Commune, Chhuk District, Kampot Province, 
under orders from the Kampot governor. Forestry officials claimed the 
villagers' occupation was illegal because the land was within the 
borders of Bokor National Park. During the eviction soldiers hit three 
villagers and caused them serious injuries. NGOs on the scene 
reportedly attempted to evacuate the injured but alleged that soldiers 
prevented them from leaving until later in the evening. Four additional 
villagers sustained minor injuries and remained on the site. Forestry 
officials burned the villagers' houses. Although they did not have a 
legal claim to the land under the land law, approximately 200 of the 
village families remained on the land after the attempted eviction. At 
year's end community representatives reported that although there were 
checkpoints at both ends of the through roads to the area, soldiers 
allowed villagers to come and go freely.
    There were no developments in the April 2007 eviction of 117 
families from the Mittapheap District in Sihanoukville. In the May 2007 
Kampong Speu Province case of 40 soldiers from ACO Tank Command 
Headquarters who destroyed crops and fences on land for which there had 
been no clear classification as state or private land, throughout the 
year soldiers occupying the land divided it among themselves and built 
demarcation fences. The land was also occupied by 25 Phnom Srouch 
District families.
    In April representatives of the Phnom Penh Tonle Bassac Group 78 
(G78) met with Phnom Penh Governor Kep Chuktema regarding a 2006 
eviction notice. While authorities claimed the land was state land, the 
Government did not provide documents classifying it as state property, 
and the land did not meet the 2001 land law definition for state public 
land. According to the 2001 law, the land was eligible for transfer by 
the state into private land. Many of the families had lived on the land 
since the 1980s and claimed ownership under the 2001 law. G78 community 
members stated that the municipality offered compensation that was 
approximately equal to 2 percent of a November 2007 independent 
assessment of market value, plus one plot in a Phnom Penh eviction 
resettlement site per family. Municipal authorities reportedly told the 
G78 community members that no eviction of G78 would occur. At year's 
end the community remained under threat of eviction, and the 
municipality had not ensured a transparent process for determining the 
fair market value for compensation; dropping land prices made 
assessment difficult.
    On February 15, the appeals court upheld the decision of the Siem 
Reap Provincial Court ordering SRP parliamentarian Son Chhay to sell 
7.8 acres of land he purchased in 1995 to a government agency for an 
amount reportedly below the market price. The land was to be turned 
over to a private developer to build a hotel as part of a local 
development plan. Son Chhay took the case to the Supreme Court; at 
year's end the Supreme Court had not set a trial date.
    The appeals court took no action in the 2006 case of 12 persons 
convicted of deforestation and staking claims to state-owned land in 
connection with a Kampot Province confrontation between 2,000 squatters 
and local police. In a 2006 eviction case in Peam Chor District, Prey 
Veng Province, that left one person dead and four others injured, 
police from the same unit as the police who were implicated in the 
killing arrested two of the villagers on robbery charges, in what NGOs 
said was an attempt to intimidate the villagers. In November Prey Veng 
Provincial Court acquitted one of the villagers and convicted the 
other, sentencing him to six years in prison.
    On February 18, villagers from 265 families in Sre Ambel District, 
Koh Kong Province, held a peaceful demonstration along National Road 48 
to protest two economic land concessions, shares of which in 2006 were 
granted to Senator Ly Yong Phat, the Khon Kaen Sugar Corporation of 
Thailand, and Ve Wong Corporation of Taiwan. The villagers were evicted 
in 2006. The MOI has acted intermittently as mediator in the dispute; 
however, as of year's end, the villagers had received no compensation 
for the 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, these rights were not 
always respected in practice.
    The constitution requires that free speech not adversely affect 
public security. The constitution also declares that the King is 
``inviolable.'' In December 2007 the Ministry of Information issued a 
directive in conformity with the defamation law that reiterates these 
limits and prohibits publishers and editors from disseminating stories 
that insult or defame government leaders and institutions.
    The 1995 press law prohibits prepublication censorship or 
imprisonment for expressing opinions. However, the Government continued 
to use the older UN Transitional Authority in Cambodia (UNTAC) law to 
prosecute journalists and others on defamation and disinformation 
charges. A 2006 amendment eliminates imprisonment for defamation but 
not for spreading disinformation, which carries prison sentences of up 
to three years. In both types of cases, judges can order fines, which 
may lead to jail time if not paid.
    The Government and influential individuals used the weak and often 
politically biased judiciary to file defamation and disinformation 
suits, both civil and criminal, in an effort to silence critics. In 
January a Phnom Penh Municipal Court investigating judge questioned 
pro-opposition newspaper Khmer Machas Srok (Khmer--Owned Land) 
publisher Hang Chaktra in connection with an article that reportedly 
was considered defamatory towards Commerce Minister Cham Prasidh and 
his wife. As of December no trial date had been set. Also in January 
the MOI questioned So Visal, a reporter for the radio station Voice of 
Democracy, regarding a story about the demolition of a large Buddha 
statue in Phnom Penh. Police briefly detained So Visal in December 2007 
in connection with the same story.
    On June 8, Dam Sith, editor in chief of the pro-opposition 
newspaper Moneaksekar Khmer (Khmer Conscience), was arrested and 
charged by the Phnom Penh Municipal Court after Foreign Minister Hor 
Namhong filed a defamation and disinformation suit because the 
newspaper printed opposition leader Sam Rainsy's allegations against 
Foreign Minister Hor Namhong. On June 15, at the prime minister's 
request, the court released Dam Sith from pretrial detention. It was 
reported that Dam Sith privately apologized to Hor Namhong regarding 
the story. Foreign Minister Hor Namhong later announced that he dropped 
the lawsuit to avoid problems in the July 27 national elections. On 
April 22, Hor Namhong filed a defamation lawsuit in the Cambodian 
courts against Sam Rainsy over the same comments; on July 27, he also 
filed a lawsuit with a French court, which was pending at year's end.
    All major political parties had reasonable and regular access to 
the print media. All major Khmer language newspapers received financial 
support from political parties and were politically aligned. There were 
an estimated 20 Khmer language newspapers published regularly; the 
majority were considered pro CPP, and at least four newspapers were 
considered to support each of the other main political parties--the 
National United Front for a Neutral, Peaceful, Cooperative, and 
Independent Cambodia (FUNCINPEC), SRP, HRP, and NRP. Although the three 
largest circulation newspapers were considered pro CPP, most newspapers 
criticized the Government, particularly on corruption and land 
grabbing. The prime minister, NRP President Prince Norodom Ranariddh, 
FUNCINPEC party leaders, and opposition party leaders frequently came 
under attack.
    The Government, military forces, and ruling political party 
continued to dominate the broadcast media and influence the content of 
broadcasts. There were eight domestic television stations and 
approximately 50 radio stations. All television stations and most radio 
stations were controlled or strongly influenced by the CPP, although a 
few were independent or aligned with other parties. In the months 
preceding the July 27 national election, major television stations were 
dominated by stories outlining the ruling party's accomplishments. 
Equal broadcast time was not given to opposition parties. In May the 
Ministry of Information closed indefinitely Angkor Ratha, a private 
radio station in Kratie Province, stating it did not respect the terms 
of its government-issued license. Station owner Keo Chanratha was 
quoted as saying that the Government shut down Angkor Ratha on grounds 
that, by its own admission, it sold broadcast time to FUNCINPEC, HRP, 
the League for Democracy Party, NRP, and SRP without prior permission, 
as stipulated in the license contract. During the 30-day election 
campaign, state television and radio stations made time available to 
all 11 contesting parties based on an equity formula. State TVK 
television also broadcast 10 multiparty debates. On the night before 
the July 27 national election, approximately 20 police officials and 
soldiers shut down the opposition-aligned FM 93.5 radio station after 
it broadcast a reading of Sam Rainsy's book about his political life. 
The Information Ministry stated that it closed the station because the 
broadcast violated a 39-hour preelection day ban on political 
propaganda. The station resumed broadcasting 11 days later after 
issuing an apology letter.
    Journalists, publishers, and distributors were also subject to 
other forms of harassment and intimidation, including two death 
threats, and most reporters and editors privately admitted to some self 
censorship due to fear of government reprisals.
    In April six bullets were found outside the home of Battambang 
Province-based Radio Free Asia reporter Lem Pichpisey. This was the 
second time the reporter was threatened after reporting on drug 
trafficking involving a casino, a high-ranking police officer, and the 
killing of a drug suspect in Poipet. In June the reporter went into 
hiding after reportedly receiving a threatening telephone call about 
his investigation of illegal logging in Kampong Thom Province.
    In April Koh Kong police beat unconscious and arrested Meas Asi, a 
reporter with the Koh Kong Province-based Khmer-language newspaper 
Panhavorn Khmer (Khmer Intellectual). The reporter was on his way to 
cover a land dispute protest in Chhouk Village. The reporter was 
released on bail 17 days later. In July Sihanoukville military police 
Captain Nget Chantha threatened and hit Koh Santepheap (Island of 
Peace) journalist Ros Panha after the journalist refused to retract his 
allegation that the officer was plotting to transport illegal timber 
into the port.
    The Government controlled national television and radio stations 
broadcast taped National Assembly sessions; however, in several 
instances these broadcasts were heavily edited. National radio and 
television stations broadcast some human rights, social action, public 
health, education, and civil society programming produced by domestic 
NGOs.
    In 2005 the Phnom Penh Municipal Court chief ordered that reporters 
must have written permission to bring recording devices into the 
courtroom and to interview court officials. Such permission rarely was 
sought, and there were no reports of the court denying permission. A 
2006 Council of Ministers directive prohibiting government officials 
and employees from speaking to the media or the public about government 
corruption remained in effect but did not appear to be enforced. After 
the July general election, the Council of Ministers appointed a 
Secretary of State who acted as a spokesperson and discussed corruption 
and other issues.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. However, in late December the minister of 
information confirmed that his office was drafting a law that would 
extend libel, defamation, and ethics rules governing print media to 
other media platforms such as radio and television. Individuals and 
groups could engage in the peaceful expression of views via the 
Internet, including by e mail. According to an industry survey, less 
than one-thousandth of the total population had Internet subscriptions, 
most of them in Phnom Penh and Siem Reap. In urban areas Internet 
access was widely available through Internet cafes.

    Academic Freedom and Cultural Events.--In general there were no 
legal impediments to academic freedom. However, scholars tended to be 
careful when teaching politically related subjects for fear of 
offending politicians. There were no developments in the February 2007 
conviction of Tieng Narith, a former professor at the Buddhist 
University of the Royal Academy of Preah Sihanouk Reach, who was 
sentenced to two years and six months in prison for teaching from a 
self-published text containing antigovernment material. Tieng Narith's 
lawyer appealed the decision in 2007, but at year's end Narith remained 
in prison, and the Appeals Court had not taken any action in the case.
    There were no government restrictions on cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of peaceful assembly, 
but at times the Government did not respect this right in practice. The 
Government required 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 or of nations with which the Government 
had friendly relations. Authorities cited the need for stability and 
public security as reasons for denying permits. Police forcibly 
dispersed groups that assembled without a permit, in some instances 
causing minor injuries to some demonstrators. At times rallies 
organized by groups critical of the ruling party received government 
permission, but the Government intermittently blocked access to 
demonstration sites and thus participation by some persons.
    ADHOC reported that out of 122 protests--58 of which were related 
to land, 30 to labor disputes--police and military police dispersed 21 
protests, four of which were by labor protesters, 12 by land dispute 
protesters, four by Khmer Kampuchea Krom monks, and one by persons 
protesting a powerline tower to be constructed near their homes.
    On April 6, the SRP organized a Phnom Penh rally to express 
concerns over negative economic developments such as high inflation. 
While the Government granted permission for the rally, police set up 
intermittent roadblocks, stopping trucks and forcing persons on board 
to disembark. Those who disembarked were not allowed to reboard but 
could hire motorcycles or cars to complete the journey to the rally.
    On May 23, the Ratanakiri provincial government denied permission 
for an NGO to organize a march in Bunlong on grounds that the march 
would threaten public order. However, in cooperation with provincial 
government officials, the NGO held a gathering with approximately 270 
community members at its office. The provincial governor later held a 
joint workshop between community members, human rights organizations, 
and law enforcement officials to discuss illegal logging.
    There were cases of local government officials attempting to 
disrupt opposition party meetings, sometimes with warnings that 
participants would be prevented from accessing local administrative 
services. On May 1, a village chief in Sieng Kvang Commune, Kamchaymea 
District, Prey Veng Province, reportedly told NRP supporters going to 
an NRP meeting that he would not help them access local administrative 
services such as obtaining birth certificates and marriage and funeral 
permits.
    Local government officials attempted to disrupt or prevent some 
public information and public forum gatherings. On February 24, Chhnuk 
Tru Commune council members, police officials, and a village chief in 
Boribo District, Kampong Chhnang Province, threatened organizers from 
Cambodian Center for Human Rights (CCHR) and a local home owner with 
arrest if they held a community dialogue with 30 participants, stating 
the meeting would incite the community, but the organizers held the 
event as scheduled. Several days later, police again threatened the 
owner of the house with arrest if he organized this type of gathering 
again.
    On July 17, Tek Phus district officials denied permission for a 
CCHR forum about human rights and community development in Preah Mlu 
Village, Krang Thka Commune, Kampong Chhnang Province, stating that 
they did not want to allow the forum so close to the July 27 national 
election because it would be a public order concern.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice; however, the Government did not effectively enforce the 
freedom of association provisions of the labor law.
    Membership in the Khmer Rouge, which ruled the country from 1975 to 
1979 and after its overthrow conducted an armed insurgency against the 
Government, is illegal, as is membership in an 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 more than 93 
percent of the population is Buddhist. Ethnic Cham Muslims constitute 
most of the remaining population.
    The law requires all religious groups, including Buddhists, to 
submit applications to the Ministry of Cults and Religious Affairs to 
construct places of worship and conduct religious activities. However, 
there is no penalty for failing to register. In July 2007 the Ministry 
of Cults and Religious Affairs issued a directive restating a 2003 
order prohibiting public proselytizing, which continued to be loosely 
enforced.

    Societal Abuses and Discrimination.--Minority religions experienced 
little or no societal discrimination. There was no known Jewish 
community in the country, and there were no reports of anti Semitic 
acts.
    For a more detailed discussion, see the 2008 Annual Report on 
International Religious Freedom at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The constitution prohibits forced exile, and the Government did not 
employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government allows the Office of the UN High Commissioner 
for Refugees (UNHCR) to process asylum seekers and assist refugees 
while they are in the country.
    A 2005 memorandum of understanding with the UNHCR and the 
Government of Vietnam to resolve the situation of Montagnards under 
UNHCR protection remained in effect. Asylum seekers who reached the 
UNHCR Phnom Penh office were processed with government cooperation. 
During the year 200 Montagnard and 39 non--Montagnard new arrivals 
sought asylum with the UNHCR. According to the UNHCR, 82 Montagnard and 
24 non Montagnard refugees departed for a third country, while 
authorities deported 224 rejected Montagnard asylum seekers to Vietnam, 
and 91 Montagnards voluntarily returned to their country of origin. At 
year's end there were 226 Montagnards in UNHCR protection sites in 
Phnom Penh. According to the UNHCR, during the year no refugees 
requested local integration.
    In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. Through the assistance of the UNHCR, the 
Government provided temporary protection to individuals who may not 
qualify as refugees under the 1951 convention and the 1967 protocol.
    An NGO claimed that local authorities at the border with Vietnam 
continued searches for Montagnards when they received information about 
new arrivals of Montagnards. There were unconfirmed reports that 
Vietnamese authorities offered incentive awards to Cambodian border 
police who returned Vietnamese refugees to Vietnam and that Vietnamese 
secret police covertly conducted searches for Vietnamese refugees on 
the Cambodian side of the border.

    Stateless Persons.--The country had habitual residents who were de 
facto stateless, and the Government did not effectively implement laws 
or policies to provide such persons the opportunity to gain 
nationality. Under the nationality law, citizenship is derived by birth 
from a foreign mother and father if both were born and living legally 
in Cambodia, or if either parent has Cambodian citizenship. A study 
commissioned by the UNHCR estimated that several thousand potentially 
stateless persons lived in the country. However, the study's estimated 
number of such persons came from anecdotal evidence from NGOs that 
provided services to disenfranchised communities, including persons 
with no proof of nationality, and not from a survey of stateless 
persons; therefore, local UNHCR representatives did not consider the 
figure conclusive.
    The UNHCR stated that the country's potentially stateless 
population included mostly ethnic Vietnamese. According to an NGO that 
worked with ethnic Vietnamese, individuals without proof of nationality 
often did not have access to formal employment, education, marriage 
registration, the courts, and land ownership. The most common reason 
for statelessness was lack of proper documents from the country of 
origin.
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 generally exercised this right in 
practice through periodic elections on the basis of universal suffrage. 
Suffrage is voluntary for all citizens age 18 years and older.

    Elections and Political Participation.--On July 27, the country 
held an election for its 123 National Assembly seats. The CPP won 90 
seats, SRP 26, HRP three, NRP two, and FUNCINPEC two. Most observers 
agreed the national elections took place in an overall peaceful 
atmosphere with a process that was generally an improvement over past 
elections. There were reports of 17 killings of political activists, 
with NGO and international organization investigations coming to 
different conclusions and indicating that anywhere from none to seven 
of the killings may have been politically motivated.
    Although some election day irregularities persisted, they were low 
in number and did not appear to affect the outcome or distort the will 
of the citizens. However, observers noted the elections did not fully 
meet international standards. Outside of the 30-day campaign period, 
the opposition parties' access to television broadcasting was minimal, 
and the CPP dominated the airwaves. While more radio stations broadcast 
a greater number of independent and opposition views, hindrances to 
their operations persisted. Access by voters to their polling stations 
was a problem in some areas of the country. A Neutral and Impartial 
Committee for Free and Fair Elections in Cambodia survey showed that in 
24.9 percent of all polling stations, five or more voters came to the 
polling station but failed to find their name on the voter list. The 
problem reflected difficulties with the Voter Information Notices, the 
reassignment of voters to different polling stations from one election 
to the next, and the deletion of as many as 57,000 legitimate voters 
(approximately 0.6 percent) during a 2007 voter list cleanup exercise.
    Parties could register, and individuals were free to be candidates 
without restrictions. On July 30, the Supreme Court upheld a March 2007 
Phnom Penh Municipal Court decision sentencing NRP president Prince 
Norodom Ranariddh in absentia to 18 months in prison and a 600 million 
riel ($150,000) fine on charges of breach of trust. The prince chose 
self exile during the election campaign and on election day. On 
September 28, the prince returned, and on October 2, he formally 
withdrew from politics. On December 6, the King appointed Prince 
Norodom Ranariddh as chief of high advisors to the King.
    Some NGOs and political parties alleged that membership in the 
dominant CPP party provided advantages, such as gifts or access to 
government emergency aid.
    Traditional culture limited the role of women in government; 
however, women took part in the July 27 national election. The 
country's first female candidate debates took place July 8-9. The 
number of women increased in the National Assembly from 22 after the 
2003 election to 27 after the July 27 election. A woman was appointed 
deputy prime minister for the first time. There were nine women in the 
61 seat Senate and 46 women working as ministers, secretaries of state, 
undersecretaries of state, and National Election Commission officials. 
Women also served as advisors, and there were 23 female judges in the 
municipal and provincial courts, appeals court, and Supreme Court. 
Although there were no female governors, the Government appointed women 
as deputy governors in all but one of 20 provinces and four 
municipalities. In the April 2007 commune council elections, 14.6 
percent of the elected councilors were women, of whom 67 were elected 
as chiefs.
    There were five members of minorities--four Cham and one other 
ethnic minority--in the National Assembly. There also were three 
members of minorities in the Senate. At least eight officials in senior 
positions in the Government were from minority groups.

    Government Corruption and Transparency.--There is no anticorruption 
law, and only a few provisions of other laws provide criminal penalties 
for official corruption.
    In 2005 the prime minister instructed the Ministry of National 
Assembly Senate Relations and Inspection to prepare a draft 
anticorruption law. As of year's end, observers had not seen a revised 
draft since September 2006, and the issue was pending with the Council 
of Ministers. Donors and potential investors continued to express 
concern about the lack of an anticorruption law and the urgent need to 
pass such legislation.
    Corruption was considered endemic and extended throughout all 
segments of society, including the executive, legislative, and judicial 
branches of government. Officials frequently engaged in corrupt 
practices. Meager salaries contributed to ``survival corruption'' among 
low level public servants, while a culture of impunity enabled 
corruption to flourish among senior officials. Public officials are not 
subject to financial disclosure laws.
    Reported public experience with corruption was widespread, 
indicating many corrupt practices were not hidden. On May 16, more than 
40 civil society organizations presented to the National Assembly a 
petition calling for the passage of an international standard 
anticorruption law, containing signatures and thumbprints of more than 
1.1 million persons of voting age.
    Legislation does not contain provisions offering protection to 
persons who expose corruption in an organization. An independent 
anticorruption body does not exist. The Council of Ministers' Anti--
Corruption Unit is charged with developing anticorruption measures and 
presenting proposals to the Government. The Unit largely was credited 
with a crackdown on three corrupt customs officials who illegally 
smuggled cars from Thailand into the country. The Ministry of National 
Assembly--Senate Relations and Inspections is mandated to investigate 
allegations of corruption. The National Audit Authority has the 
authority to audit ministries, institutions, and other entities.
    The National Archives Law allows unlimited access to informational 
documents in the public archive. However, the law grants access to 
other unspecified government documents only after 20 years, and 
documents affecting national security and preservation of personal 
lives would be released after 40 and 120 years, respectively. Some NGOs 
reported that in practice it was difficult for them to access 
information; the Government frequently did not or could not answer 
requests for information.
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 
often cooperated with human rights workers in performing their 
investigations; however, there were multiple reports of lack of 
cooperation and, in some cases, intimidation by local government 
officials throughout the country.
    There were approximately 40 human rights NGOs in the country, but 
only a small portion of them were actively involved in organizing 
training programs or investigating abuses.
    Domestic and international human rights organizations faced threats 
and harassment from local officials. These took the form of 
restrictions on and disruptions of gatherings sponsored by NGOs, verbal 
intimidation, threats of legal action, and bureaucratic obstruction. 
NGO public interest lawyers reported being denied access to clients in 
detention in some human rights abuse cases, and an NGO reported that 
government officials had warned that the NGO's representatives might be 
charged with disinformation and incitement if they spoke to the media 
about the cases.
    The Government had three human rights bodies: two separate 
Committees for the Protection of Human Rights and Reception of 
Complaints, one under the Senate and one under the National Assembly; 
and a Cambodian Human Rights Committee that reported to the prime 
minister's cabinet. The committees did not have regular meetings or a 
transparent operating process.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, sex, 
color, or language; however, the Government did not generally protect 
these rights.

    Women.--The law prohibits rape and assault; nevertheless, local and 
international NGOs reported that violence against women, including 
domestic violence and rape, was common. Rape is a criminal offense and 
punishable by a prison sentence of between five and 10 years, according 
to the UNTAC law. A case of spousal rape could be prosecuted as 
``rape,'' ``causing injury,'' or ``indecent assault'' under the UNTAC 
law. Under the 2005 domestic violence law, spousal rape may fall within 
the definition of domestic violence that includes ``sexual 
aggression.'' Such charges for spousal rape cases under the UNTAC law 
and the domestic violence law were rare. The domestic violence law 
criminalizes domestic violence but does not specifically set out 
penalties. However, the UNTAC law on battery and injury can be used to 
penalize domestic violence offenses, with penalties ranging from two 
months to five years' imprisonment.
    According to one NGO, there were 419 cases of rape and 674 cases of 
domestic violence reported during the year; courts tried 110 of these 
cases. A different NGO documented 168 cases of domestic violence 
affecting 168 victims in 12 provinces during the same time period. 
During the year the MOI's antitrafficking department investigated 256 
cases of violence against women and children, resulting in the arrest 
of 91 perpetrators and rescue of 90 victims. Of the 256 cases, 226 were 
for rape and attempted rape. The MOI reported that three cases of rape 
resulted in the death of the victims. A legal advocacy NGO reported 
receiving 1,022 cases of domestic violence, 639 of which went to trial 
during the year. The number of cases likely underreported the scope of 
the problem, due to ineffective enforcement, inadequate crime 
statistics reporting, and the fact that women were afraid to make 
complaints against perpetrators. NGOs reported that enforcement of the 
domestic violence law was weak, authorities continued to avoid 
involvement in domestic disputes, and victims frequently were reluctant 
to pursue formal complaints.
    The Government supported NGOs that provided training for poor women 
vulnerable to spousal abuse, prostitution, and trafficking. A local 
media center, an NGO, and the Ministry of Women's Affairs produced 
programming on women's issues. NGOs provided shelters for women in 
crisis.
    The constitution prohibits prostitution; 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. There were reports that police abused prostitutes. 
Despite increased crackdowns on brothel operators in Phnom Penh, 
prostitution and related trafficking persisted. Estimates of the number 
of working prostitutes ranged from 14,725 to 18,250. Sex tourism was a 
problem, fueled by pervasive poverty and the perception of impunity.
    The labor law has provisions against sexual harassment in the 
workplace but does not specify penalties. The International Labor 
Organization (ILO) reported that sexual harassment in the industrial 
sector was rare.
    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. Women 
often were concentrated in low paying jobs and largely were excluded 
from management positions. Men made up the vast majority of the 
military, police, and civil service.
    The Ministry of Women's Affairs, mandated to protect the rights of 
women and promote gender equality in society, continued its Neary 
Ratanak (Women as Precious Gems) program. The program aimed to improve 
the image of women through gender mainstreaming, enhanced participation 
of women in economic and political life, and protection of women's 
rights.

    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 funding for problems that affect children.
    The MOI administered a modernized birth registration system and 
reported the program registered 91 percent of births in 2006, but it 
was unclear whether this level of success was sustained in following 
years. The system did not include special outreach to minority 
communities. The Government's failure to register all births resulted 
in discrimination, including the denial of public services. A study 
commissioned by the UNHCR on statelessness in the country stated that 
the birth registration process often excluded children of ethnic 
minorities and stateless persons. NGOs that provided services to 
disenfranchised communities reported that children without birth 
registration and family books were often denied access to education and 
healthcare. They stated that later in life the same individuals may be 
unable to access employment, own property, vote, and use the legal 
system.
    Children were affected adversely by an inadequate educational 
system. Education was free, but not compulsory, through grade nine. 
Many children left school to help their families in subsistence 
agriculture, worked in other activities, began school at a late age, or 
did not attend school at all. The Government did not deny girls equal 
access to education; however, families with limited resources often 
gave priority to boys. In many areas schools were remote and 
transportation was a problem. This especially affected girls, due to 
safety concerns in traveling between their homes and schools.
    Child abuse was believed to be common, although statistics were not 
available. Child rape remained a serious problem; a local NGO reported 
280 cases of rape and attempted rape committed on persons under age 18. 
Twenty-three of the cases involved children below age five, 57 involved 
children ages five to 10, and 200 involved children ages 10 to 18. 
Sexual intercourse with a person under age 15 is illegal; however, 
child prostitution and trafficking in children occurred. During the 
year raids on brothels rescued underage girls trafficked for 
prostitution. The MOI reported arrests of nine foreign pedophiles. Some 
children engaged in prostitution for survival without third party 
involvement.
    A domestic NGO estimated that more than 2,000 street children in 
Phnom Penh had no relationship with their families and an estimated 
10,000 to 20,000 children worked on the streets but returned to 
families in the evenings. An estimated 500 to 900 children lived with 
their families on the streets in Phnom Penh. MOSAVY provided lower 
statistics, reporting 3,084 street children nationwide in 2005.
    As of December at least 43 children under the age of six reportedly 
were living with their mothers in prison, and those children were 
subjected to mistreatment by prison guards and faced physical dangers 
from adult criminal cellmates. The children generally lacked proper 
nutrition and education.
    Child labor was a problem in the informal sector of the economy.

    Trafficking in Persons.--On February 15, the Government passed and 
promulgated a comprehensive Law on Suppression of Human Trafficking and 
Sexual Exploitation that contains provisions criminalizing all forms of 
trafficking. However, the country remained a source, destination, and 
transit country for men, women, and children trafficked for sexual 
exploitation and labor. Children were trafficked domestically for 
sexual exploitation and labor. Some Vietnamese women and girls were 
trafficked through the country for exploitation in the commercial sex 
trade in other Asian countries.
    Children were trafficked to Thailand and Vietnam for begging, 
soliciting, street vending, and flower selling. The children frequently 
were placed into debt bondage to beg or sell, or they formed part of 
organized begging rings. Women as well as children were trafficked to 
Malaysia and Thailand for sexual exploitation and forced labor in 
factories or as domestic servants, while men were trafficked for forced 
labor in the agriculture, fishing, and construction sectors. The 
country is a destination for foreign child-sex tourists, and there were 
increasing reports that Asian men travelled to the country to have sex 
with underage virgin girls.
    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.
    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. Traffickers used a variety of methods to acquire 
victims. In many cases victims were lured by promises of legitimate 
employment or travel documents. 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. A 2007 report by the International Organization for Migration 
(IOM) stated that child domestic workers, particularly those used as 
collateral or placed into debt bondage, were more likely to be 
trafficked and to enter commercial sexually exploitive activities.
    The law establishes a prison sentence of 15 to 20 years for a 
person convicted of selling, buying, or exchanging a person under 18 
years of age; the penalty is seven to 15 years in prison for 
trafficking persons age 18 or older. According to the Cambodian 
National Police Anti--Human Trafficking and Juvenile Protection 
Department, from January to December police investigated 43 cases of 
trafficking in persons. The investigations resulted in the arrest of 48 
offenders. However, NGOs continued to report the general inability of 
law enforcement and other government officials to act on trafficking 
tip offs.
    The Ministries of Interior, Women's Affairs, and Justice had 
primary responsibility to combat trafficking in persons. A National 
Task Force served as an interministerial antitrafficking coordination 
body. The task force included an oversight body involving the top 
government officials. There was a Department of Anti Human Trafficking 
and Juvenile Protection, and the MOI operated specialized 
antitrafficking divisions in all provinces and municipalities. While 
the Government arrested and prosecuted traffickers and continued its 
support for prevention and protection programs through collaboration 
with foreign and domestic NGOs and international organizations, its 
antitrafficking efforts continued to be hampered by corruption and a 
weak judicial system. Certain observers of trafficking in persons in 
the country believed that some law enforcement, court officials, and 
other government officials received bribes that facilitated the sex 
trade and trafficking in persons.
    On June 4, a Sihanoukville Municipal Court judge released on bail 
foreigner Fabio Cencini, who was arrested on charges of allegedly 
sexually abusing six children, ages eight to 13.
    On July 21, a Sihanoukville Municipal Court judge suspended the 
three-year sentence of convicted pedophile Nikita Belov and released 
him on probation after he had spent six months in prison for sexually 
abusing two underage boys. On August 5, Belov fled the country. The 
appeals court prosecutor appealed the case; however, Belov had already 
left the country, and Cambodia has no extradition treaty with Belov's 
home country.
    On August 26, the appeals court reduced the sentence of pedophile 
Philippe Dessart, a foreigner, from 18 years in prison, as was 
allowable under the 1996 antitrafficking law, to three years in prison 
under the new law, although Dessart committed his child abuse crimes in 
2006. According to an NGO, Dessart compensated the victim, and the 
victim thereafter told NGO lawyers their services were no longer 
required. In December the prosecutor appealed the case to the Supreme 
Court. As of year's end, a Supreme Court trial date had not been set.
    On December 4, the appeals court reduced the prison sentence of 
foreigner Thomas Wayne Rapanos from 30 months in prison to one year. 
Rapanos was convicted in August by the Phnom Penh Municipal Court of 
indecent acts with an underage victim, despite testimony that money 
exchanged hands for sex with 12- and 16-year-old girls.
    An unconfirmed MOI report stated there were seven convictions on 
human trafficking charges with sentences ranging from two to 15 years 
in prison during the year; however, a legal advocacy NGO reported that 
at least five additional trafficking cases went to trial during the 
year, resulting in three convictions. An unconfirmed Phnom Penh 
Municipal Court report stated there were 12 convictions of human 
trafficking offenders from January to October. Police, court officials, 
and judges often did not separate victims from perpetrators during 
raids, arrests, and trials. In some cases officials acted as though 
victims were perpetrators.
    MOSAVY referred trafficking victims to NGOs, which provided most 
assistance to victims. The Government participated as a partner in a 
number of these efforts; however, its contributions were severely 
hampered by limited resources. NGOs provided intake screening services 
to identify trafficking victims. 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 
some victims were known to be intimidated into abandoning their cases. 
Social stigma against women who were prostitutes, victims of sexual 
assault, or victims of sex trafficking made it difficult for victims to 
reintegrate into families, communities, and society.
    The antitrafficking law contains no provisions to protect foreign 
victims from being charged under immigration laws, but during the year 
there were no reported cases of trafficking victims being treated as 
illegal immigrants. MOSAVY, often working with the IOM, repatriated 
from Thailand, Vietnam, and Malaysia 864 child and adult victims, as 
well as others vulnerable to becoming victims, and reintegrated them 
with their families. With financial and technical support from the IOM, 
MOSAVY repatriated four trafficked Vietnamese girls; however, 
repatriation to Vietnam continued to be a long and arduous process.
    Both the Government and international donors had programs to 
prevent child labor or remove children from labor. The country is a 
signatory to the Coordinated Mekong Ministerial Initiative against 
Trafficking, whose activities include ensuring the legal, social, and 
community protection of victims of trafficking; strengthening law 
enforcement capacity to combat trafficking; and building a 
comprehensive response involving all relevant ministries. Several 
ministries, including the Ministry of Women's Affairs and the Ministry 
of Tourism, had antitrafficking initiatives to reduce child labor. 
Donors supported programs to combat child labor implemented by the ILO 
and World Education, among others.
    MOSAVY worked with the UN Children's Fund and local NGOs to manage 
community based networks aimed at preventing trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There is no law explicitly prohibiting 
discrimination against persons with disabilities. The Government does 
not require that buildings or government services be accessible to 
persons with disabilities. The Government prohibits persons with 
disabilities from being teachers in public schools.
    Programs administered by various NGOs brought about substantial 
improvements in the treatment and rehabilitation of persons who had 
lost limbs, but they faced considerable societal discrimination, 
especially in obtaining skilled employment.
    There are no legal limitations on the rights of persons with 
disabilities to vote or participate in civic affairs, but the 
Government did not make any concerted effort to assist them in becoming 
more civically engaged. MOSAVY is responsible for making policy to 
protect the rights of persons with disabilities and for rehabilitation 
and vocational skill training for persons with disabilities.

    National/Racial/Ethnic Minorities.--The rights of minorities under 
the nationality law are not explicit; constitutional protections are 
extended only to ``Khmer people.'' Citizens of Chinese and Vietnamese 
ethnicity constituted the largest ethnic minorities. Ethnic Chinese 
citizens were accepted in society, but animosity continued toward 
ethnic Vietnamese, who were seen as a threat to the nation and culture. 
Some groups continued to make strong anti Vietnamese statements. They 
complained of political control of the CPP by the Vietnamese 
government, border encroachment, and other problems for which they held 
ethnic Vietnamese at least partially responsible.

    Indigenous People.--The Government often ignored efforts by 
indigenous communities to protect their ancestral lands and natural 
resources. Despite the 2001 land law requiring for the registration of 
communal lands of indigenous people, little was done to implement 
communal land titling. NGOs called for a moratorium on land sales and 
land concessions affecting indigenous communities. International and 
local NGOs were active in educating the indigenous communities about 
the land registration process and providing legal representation in 
disputes.
    Starting on April 20, the foreign-owned Oryung Construction Company 
reportedly began clearing approximately 250 acres of land claimed by 
members of the indigenous community of Kak Village in Ta Lav Commune, 
Andoung Meas District, Ratanakiri. NGOs stated that the Government 
granted a 17,000-acre economic land concession covering the disputed 
land to the company for a rubber plantation in 2006. NGOs reported that 
much of the land in the concession may be eligible for registration as 
indigenous community land under the 2001 law. The affected community 
members were not aware of the concession until the land was cleared. In 
September community members filed complaints with the Council of 
Ministers, Ministry of Agriculture, and Ministry of Land Management, 
Urban Planning and Construction, but at year's end they reportedly had 
not received a government response.
    On May 2, the Ratanakiri provincial governor reportedly granted a 
1,250-acre, 90-year lease to the BVB Investment Company to develop a 
tourist attraction site on Youl Mountain in Yeak Laom commune, Banlung 
District, including parts of the indigenous Phnom, Sill, and Lapo 
villages. NGOs reported that much of the leased area may be eligible 
for registration as indigenous community land under the 2001 law. The 
affected indigenous communities were not involved in lease 
negotiations.
    On December 20, 400 ethnic Phnong villagers in Pech Chreada 
District, Mondulkiri Province, confronted workers of real estate 
development company Khao Chuly Group who were clearing a 6,600-acre 
economic land concession area for a rubber plantation. Villagers 
claimed to own and farm part of the land and demanded that the company 
leave or pay compensation. Villagers set fire to three of the company's 
excavators and damaged a fourth. An NGO reported that police and 
company workers did not attack or harm villagers during the incident. 
The Khao Chuly Group agreed to pay compensation if the villagers could 
prove that they owned the land. Under the 2001 law, economic 
concessions are blocked in indigenous properties. However, the National 
Cadastral Commission had not yet categorized indigenous community areas 
in Mondulkiri and Ratanakiri provinces, and at year's end the case was 
ongoing.
    In the 2007 case of Stung Treng Province community forest land 
cleared by four companies to which the Government allegedly 
illegitimately granted timber concessions, a special committee was 
established to resolve the dispute. The committee decided that disputed 
land being farmed by villagers was to be returned to the local 
indigenous community, and land not farmed by villagers was to be 
returned to the companies. Both sides agreed to the decision. In the 
2007 case of a Ratanakiri provincial official preventing Tampoun 
indigenous villagers from burying their dead on land that had served as 
their traditional burial ground since 1979, a local NGO reported that 
in mid-year the Ministry of Agriculture registered the land as state 
private land and reportedly transferred it to Tai Seng Company. There 
were no developments in the 2007 case of Ratanakiri Jarai indigenous 
families demanding the removal of local officials allegedly involved in 
the fraudulent sale of more than 3,000 acres of their communal land.

    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.
    There were no reported cases of sexual orientation discrimination 
in employment, housing, statelessness, or access to education or health 
care. However, homosexuality was typically treated with fear and 
suspicion, and there were few support groups based on sexual 
orientation where such cases could have been reported.
Section 6. Worker Rights
    a. The Right of Association.--The labor law provides only private-
sector workers in the formal economy the right to join the trade union 
of their choice without prior authorization; however, the Government's 
enforcement of this right was selective. Membership in trade unions or 
employee associations is not compulsory, and workers are free to 
withdraw from such organizations, although a few unions attempted to 
intimidate workers who wanted to withdraw. Unions may affiliate freely, 
but the law does not address explicitly their right to affiliate 
internationally. While the law applies to foreign workers, it does not 
apply to civil servants, including teachers, judges, and military 
personnel, or to workers in the informal sector. Personnel in the air 
and maritime transportation industries are not entitled to the full 
protections of the law but are free to form unions.
    Less than 3 percent of the labor force, estimated in 2007 to be 8.4 
million persons, was unionized. Unions were concentrated in the garment 
and footwear industries, where approximately 70 to 75 percent of the 
estimated 337,000 workers were union members. The Cambodian Tourism and 
Service Workers Federation reported that it represented approximately 
2,300 hotel, casino, and airport workers. There were more than 1,500 
factory-level unions and 48 union federations and associations, the 
majority of which were aligned with the Government, and five of which 
were independent.
    The Cambodia Independent Teachers Association (CITA), registered as 
an ``association'' due to prohibitions on public sector unions, 
represented 8,410 of the country's 110,000 teachers. CITA marches and 
other protests were often forbidden, although the union reported no 
direct government interference in day to day activities.
    Another public sector association, the Cambodian Independent Civil 
Servants' Association (CICA), represented approximately 1,060 officials 
from ministries, provincial departments, and commune councils, out of 
approximately 160,000 civil servants nationwide.
    There were no developments in the February 2007 killing of local 
union leader Hy Vuthy. In September an NGO reported that the Phnom Penh 
Municipal Court had suspended the investigation into the killing, but 
neither the lawyer in the case nor the court could confirm whether the 
investigation was suspended.
    The law provides for the right to strike and protects strikers from 
reprisal. The law stipulates that strikes can be held only after 
several requirements have been met, including the failure of other 
methods of dispute resolution (such as negotiation, conciliation, or 
arbitration), a secret-ballot vote of union membership, and a seven day 
advance notice to the employer and the Ministry of Labor and Vocational 
Training (MOLVT).
    The MOLVT reported that 82 strikes occurred in the Phnom Penh area 
during the year. The Garment Manufacturers Association of Cambodia 
reported 105 strikes nationwide. International observers, employers, 
and many union leaders agreed that almost no strikes fulfilled all 
prestrike legal requirements. Although some unions complained of a lack 
of MOLVT involvement, the MOLVT resolved up to 50 percent of the 
disputes.
    The Government allowed most strikes held at factories but denied 
worker requests to hold protest marches outside of the factory area. 
Police intervention in strikes generally was minimal and restrained, 
even in those cases where property damage occurred.
    On February 6, a car carrying a Kingsland Garment Factory 
management team injured nine workers when it violently forced its way 
out of the Phnom Penh factory as workers were striking outside. Four of 
the nine workers were seriously injured. Workers also accused police 
officials of using force to clear the way for the car to drive away. 
Police denied any violence directed at the workers and stated that they 
intervened because strikers were preventing workers from leaving the 
factory. One week later the union filed a complaint with the Phnom Penh 
Municipal Court and the MOI. No one was arrested in the incident, and 
at year's end the court had taken no action.
    In spite of legal provisions protecting strikers from reprisals, 
there were credible reports that workers were dismissed on spurious 
grounds after organizing or participating in strikes. While most 
strikes were illegal, participating in an illegal strike was not by 
itself a legally acceptable reason for dismissal. In some cases 
employers pressured strikers to accept compensation and leave their 
employment. There are potential remedies for such dismissals, although 
none was particularly effective. The MOLVT can issue reinstatement 
orders, but these often provoked management efforts to pressure workers 
into resigning in exchange for a settlement. Collective disputes, such 
as when multiple employees are dismissed, can be brought before the 
Arbitration Council for a decision. Parties can choose if decisions are 
binding or nonbinding; if neither party objects to the arbitral award 
within eight days of its being issued, it automatically becomes 
binding. Individual disputes can be brought before the courts, although 
the judicial system was neither impartial nor transparent. Some unions 
urged the Government to expand the role of the Arbitration Council to 
include individual and collective interest disputes and to make its 
decisions binding.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, but the 
Government's enforcement of these rights was inconsistent. Collective 
bargaining agreements existed within the garment industry, hotels, and 
contract workers at the two international airports.
    There were 11 collective bargaining agreements registered with the 
MOLVT during the year.
    A regulation establishes procedures to allow unions to demonstrate 
that they represent workers for purposes of collective bargaining. The 
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 is 
responsible for facilitating the process of union registration and 
certification of ``most representative status'' (MRS) for unions, which 
entitles a union representing an absolute majority of workers in a 
given enterprise to represent all of the workers in that establishment. 
However, the MRS registration process was considered cumbersome, and 
international observers reported that government lists of MRS unions 
included management controlled unions. The Government began reexamining 
its MRS certification process with support from international 
organizations and a diplomatic mission. In April authorities issued a 
new MRS notification detailing the procedures for applying, objecting 
to, and holding of elections.
    Enforcement of the right of association and freedom from antiunion 
discrimination was poor. Acts of union discrimination by the employer 
often went unpunished. Government enforcement of rights was hampered by 
a lack of political will and by confused financial and political 
relationships among 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 officials adequate salaries. 
The MOLVT often decided in favor of employees but rarely used its legal 
authority to penalize employers who defied its orders, instead 
referring many cases to the Arbitration Council.
    There were credible reports of antiunion harassment by employers, 
including the dismissal of union leaders, in garment factories and 
other enterprises. During the year approximately 50 union leaders were 
dismissed or suspended without cause. Prominent independent and 
opposition union leaders reported receiving veiled threats of violence, 
including death threats. Three union leaders affiliated with the Free 
Trade Union of Workers in the Kingdom of Cambodia, one of the five 
independent union federations, were injured by progovernment rival 
unions. In seven cases, 15 union leaders were sued for inciting workers 
to strike, destroying private property, and attempting to incite 
workers to commit assault. On several occasions dismissed union leaders 
accepted cash settlements after unsuccessfully appealing to the 
Government to enforce laws requiring their reinstatement. At other 
times the Government upheld labor rights. For example, during the year 
the MOLVT formally warned 927 companies of legal violations and fined 
12 companies for violation of the labor law and regulations. The MOLVT 
sent 84 cases of unresolved labor disputes to the Arbitration Council.
    Unions continued to gain strength, but many were not able to 
represent member interests adequately due to insufficient resources, 
training, and experience. In addition, corruption plagued the ranks of 
unions, employers, and government officials, hampering legitimate 
industrial relations. Violence, harassment, and intimidation between 
rival unions were common.
    In some factories persons employed in management appeared to have 
established their own unions, supported promanagement unions, or 
compromised union leaders. Union leaders from across the political 
spectrum complained that the progovernment Khmer Youth Federation of 
Trade Unions habitually threatened strikes to extort money from 
management and threatened and harassed workers from other unions. 
Independent union leaders complained that the progovernment Cambodian 
Coalition of Trade Unions frequently intervened in the affairs of other 
unions, extorted money from management in exchange for discouraging 
workers from conducting legal strikes and demonstrations, and 
threatened rival union leaders.
    Some CITA members feared that affiliation with the teachers 
association could hamper their chance of career advancement, according 
to union officials. CICA leaders alleged that fears of harassment or 
demotion prevented other civil servants from joining.
    There were no special laws or exemptions from regular labor laws in 
export processing zones (known as special economic zones).

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, but there were 
reports that such practices occurred, almost exclusively in the 
informal sector. There were reports of forced labor by domestic 
servants.
    Involuntary overtime remained widespread. Under the law legal 
overtime work cannot exceed two 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.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace; however, 
enforcement was often weak. The 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 to engage in ``light work'' 
that is not hazardous to their health and does not affect school 
attendance.
    Child labor was widespread in agriculture, brick making, fishing, 
the commercial sex industry, domestic service, and on tobacco and 
rubber plantations. Child labor was also reported in the formal sector 
but to a much lesser extent. According to a 2006 study conducted by the 
World Bank and others, more than 750,000 economically active children 
were below the absolute minimum working age of 12, and an additional 
500,000 children (12 to 14 years old) conducting nonlight economic 
activity were below the minimum age for this type of work. More than 
250,000 children ages 15 to 17 worked more than 43 hours per week or in 
hazardous sectors. Three-quarters of economically active children were 
in the agriculture sector, 15 percent in commerce, 5 percent in small-
scale manufacturing, and 2 percent in services.
    No aspect of the law prohibiting child labor was adequately 
enforced in the formal employment sector. No employer was prosecuted 
for violating laws against child labor. The MOLVT has responsibility 
for child labor issues in both the formal and informal sectors of the 
economy, but its labor inspectors played no role in the informal sector 
or in enforcing the law in illegal industries, such as unregistered 
garment factories operating without a license from the MOLVT and the 
Ministry of Commerce. Within the formal sector, labor inspectors 
conducted routine inspections of some industries, such as garment 
manufacturing (where the incidence of child labor is negligible), but 
in some industries with the highest child labor risk, labor inspections 
were entirely complaint driven.
    The constitution prohibits forced or bonded child labor; however, 
forced child labor was a serious problem in the commercial sex 
industry, particularly among those ages 15 to 18. Law enforcement 
agencies failed to combat child prostitution 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 law requires the MOLVT to 
establish a garment sector minimum wage based on recommendations from 
the Labor Advisory Committee. There was no minimum wage for any other 
industry. Garment-sector workers were guaranteed a minimum wage 
equivalent to $50 per month, plus a minimum $6 living allowance, which 
was added on April 1. 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, although garment-sector wages 
were generally higher than wages in the informal economy. The vast 
majority of employers in garment factories paid the minimum wage to 
permanent workers, although temporary and other such workers were often 
paid less.
    The law provides for a standard legal workweek of 48 hours, not to 
exceed eight hours per day. The law establishes a nightshift rate of 
130 percent of daytime wages and 150 percent for overtime, which 
increases to 200 percent if overtime occurs at night, on Sunday, or on 
a holiday. Employees are allowed to work up to two hours of overtime 
each day. However, the Government did not enforce these standards 
effectively. Workers reported that overtime was frequently excessive 
and sometimes mandatory. Similarly, outside the garment industry, 
regulations on working hours were rarely enforced.
    The 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. Penalties are specified in the law, 
but there are no specific provisions to protect workers who complain 
about unsafe or unhealthy conditions. Workers have the right to remove 
themselves from situations that endangered health or safety without 
jeopardy to their employment, but those who did so may have risked loss 
of employment.

                               __________

              CHINA (includes Tibet, Hong Kong, and Macau)

    The People's Republic of China, with a population of approximately 
1.3 billion, is an authoritarian state in which the Chinese Communist 
Party (CCP) constitutionally is the paramount source of power. Party 
members hold almost all top government, police, and military positions. 
Ultimate authority rests with the 25-member political bureau 
(Politburo) of the CCP and its nine-member standing committee. Hu 
Jintao holds the three most powerful positions as CCP general 
secretary, president, and chairman of the Central Military Commission. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government's human rights record remained poor and worsened in 
some areas. During the year the Government increased its severe 
cultural and religious repression of ethnic minorities in Tibetan areas 
and the Xinjiang Uighur Autonomous Region (XUAR), increased detention 
and harassment of dissidents and petitioners, and maintained tight 
controls on freedom of speech and the Internet. Abuses peaked around 
high-profile events, such as the Olympics and the unrest in Tibet. As 
in previous years, citizens did not have the right to change their 
government. Nongovernmental organizations (NGOs), both local and 
international, continued to face intense scrutiny and restrictions. 
Other serious human rights abuses included extrajudicial killings, 
torture and coerced confessions of prisoners, and the use of forced 
labor, including prison labor. Workers cannot choose an independent 
union to represent them in the workplace, and the law does not protect 
workers' right to strike.
    The Government continued to monitor, harass, detain, arrest, and 
imprison journalists, writers, activists, and defense lawyers and their 
families, many of whom were seeking to exercise their rights under the 
law. A lack of due process and restrictions on lawyers further limited 
progress toward rule of law, with serious consequences for defendants 
who were imprisoned or executed following proceedings that fell far 
short of international standards. The party and state exercised strict 
political control of courts and judges, conducted closed trials, and 
carried out administrative detention. Individuals and groups, 
especially those deemed politically sensitive by the Government, 
continued to face tight restrictions on their freedom to assemble, 
their freedom to practice religion, and their freedom to travel. The 
Government continued its coercive birth limitation policy, in some 
cases resulting in forced abortion or forced sterilization. The 
Government failed to protect refugees adequately, and the detention and 
forced repatriation of North Koreans continued to be a problem. Serious 
social conditions that affected human rights included endemic 
corruption, trafficking in persons, and discrimination against women, 
minorities, and persons with disabilities.
    On October 17, the Government made permanent rules granting foreign 
journalists greater freedoms, which were initially applied in the 
period leading up to and during the Olympic Games. The new rules 
eliminated previous requirements that foreign journalists first seek 
permission from local officials before conducting interviews in a 
particular province or locality.
                        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 
security forces reportedly committed arbitrary or unlawful killings. No 
official statistics on deaths in custody were available. The outbreak 
of widespread unrest in the Tibet Autonomous Region (TAR) and other 
Tibetan areas in March and April resulted in significant loss of life, 
with many credible reports putting the number killed at over 200 (see 
Tibet Addendum).
    On January 7, Wei Wenhua was beaten to death by municipal ``urban 
management'' officials in Tianmen, Hubei Province, after he filmed 
their clash with local residents on his mobile phone. Authorities 
detained 41 officials and sentenced four to short prison terms for 
their role in Wei's death. On February 6, authorities reportedly 
instructed the family of Falun Gong practitioner Yu Zhou, who had been 
arrested in Beijing on January 26, to come to an emergency center to 
see him. Yu was dead when the family arrived, and authorities claimed 
he had died of diabetes. However, Yu's family stated that he was 
healthy at the time of his arrest and that authorities refused the 
family's request for an autopsy. On May 26, the family of Tibetan 
protester Paltsal Kyab was informed he died in custody, after he was 
detained in April for participating in a March 17 protest. Authorities 
claimed Paltsal Kyab had died from kidney and stomach problems, 
although relatives reported he was healthy at the time of his arrest. 
According to witnesses his body was covered with bruises and burn 
blisters. There were no reports of any official investigation into his 
death. On July 16, 100 individuals reportedly attacked police in 
Huizhou, Guangdong Province, after a motorcyclist died. Police reported 
the man died in a traffic accident but his relatives claimed he was 
beaten to death by security guards.
    There were no developments in a 2007 incident in which 18 persons 
were killed and 17 were arrested during a raid at a location in the 
XUAR that officials called a terrorist training camp.
    Defendants in criminal proceedings were executed following 
convictions that sometimes took place under circumstances involving 
severe lack of due process and inadequate channels for appeal. On 
November 26, Yang Jia, who was accused of killing six Shanghai police 
officers on July 1, was executed following a decision by the Shanghai 
High Court to uphold his conviction. Yang's case included serious 
irregularities at trial, and the appellate court deprived him an 
opportunity to be examined for mental illness despite a request by 
Yang's new attorney to allow it. On November 28, biomedical researcher 
Wo Weihan was executed on charges of espionage. Wo, who was convicted 
in a closed trial, was reportedly coerced into confessing and 
mistreated in detention. Executions of Uighurs whom authorities accused 
of separatism, but which some observers claimed were politically 
motivated, were reported during prior reporting periods. In February 
2007 authorities executed Ismail Semed, an ethnic Uighur from the XUAR, 
following 2005 convictions for ``attempting to split the motherland'' 
and other counts related to possession of firearms and explosives.

    b. Disappearance.--In May underground Catholic priests Zhang Li and 
Zhang Jianlin disappeared after authorities detained them while they 
were preparing to visit a Catholic shrine in Sheshan Province. At 
year's end their whereabouts remained unknown. The whereabouts of Wu 
Qinjing, the bishop of Zhouzhi, Shaanxi Province, who was detained in 
March 2007, also remained unknown. Human rights defender Gao Zhisheng 
was detained and questioned several times over the past two years, and 
during the reporting period his whereabouts were unknown. There were no 
new developments in the September 2007 disappearances of 21 farmers who 
reportedly traveled from Chengdu to Beijing to petition the Government 
in a land compensation case. At year's end the Government still had not 
provided a comprehensive, credible accounting of all those killed, 
missing, or detained in connection with the violent suppression of the 
1989 Tiananmen demonstrations.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits the physical abuse of detainees and 
forbids prison guards from extracting confessions by torture, insulting 
prisoners' dignity, and beating or encouraging others to beat 
prisoners. However, during the year there were reports that officials 
used electric shocks, beatings, shackles, and other forms of abuse.
    Mao Hengfeng, a family planning issues petitioner, reportedly was 
physically and mentally abused in prison. During an August 13 phone 
call, Mao reportedly told her husband that scars on her wrists that 
resulted from being tied up tightly had not healed. On May 22, 
Heilongjiang resident and reform activist Liu Jie was transferred from 
a Qiqihar reeducation through labor (RTL) camp to the Harbin Drug 
Rehabilitation Center, where she reportedly was tortured. Human rights 
organizations also reported democracy activist and member of the China 
Democracy Party (CDP) Chi Jianwei reportedly was tortured in July 2007 
for refusing to confess to ``using an evil cult to hinder law 
enforcement.''
    In November the UN Committee Against Torture (UNCAT) stated its 
deep concern about the routine and widespread use of torture and ill-
treatment of suspects in police custody, especially to extract 
confessions or information used in criminal proceedings. However, UNCAT 
did acknowledge government efforts to address the practice of torture 
and related problems in the criminal justice system. Many alleged acts 
of torture occurred in pretrial criminal detention centers or RTL 
centers. Sexual and physical abuse and extortion occurred in some 
detention centers.
    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 (MPS). 
Political activists, underground religious believers, persons who 
repeatedly petitioned the Government, members of the banned Chinese 
Democracy Party (CDP), and Falun Gong adherents were among those housed 
with mentally ill patients in these institutions, and they had no 
mechanism for objecting to public security officials' determinations of 
mental illness. Patients in these hospitals reportedly were given 
medicine against their will and forcibly subjected to electric shock 
treatment. The regulations for committing a person to an ankang 
facility were not clear. Activists sentenced to administrative 
detention also reported they were strapped to beds or other devices for 
days at a time, beaten, forcibly injected or fed medications, and 
denied food and use of toilet facilities.

    Prison and Detention Center Conditions.--Conditions in penal 
institutions for both political prisoners and common criminals 
generally were harsh and often degrading. Prisoners and detainees often 
were kept in overcrowded conditions with poor sanitation. Inadequate 
prison capacity was an increasing problem in some areas. 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 such goods.
    Many inmates in penal and RTL facilities were required to work, 
with minimal or no remuneration. In some cases prisoners worked in 
facilities directly connected with penal institutions; in other cases 
they were contracted to nonprison enterprises. Former prison inmates 
reported that workers who refused to work in some prisons were beaten. 
Facilities and their management profited from inmate labor.
    In January 2007 Ministry of Health spokesman Mao Qunan reportedly 
acknowledged that the Government harvested organs from executed 
prisoners. Adequate, timely medical care for prisoners remained a 
serious problem, despite official assurances that prisoners have the 
right to prompt medical treatment. In October 2007 Chen Ningbiao died 
in prison, reportedly due to mistreatment and denial of medical 
treatment. Chen was one of seven villagers who led protests against 
forced land evictions in April 2007, and was convicted of ``extortion 
and blackmail.'' Labor activist Yao Fuxin remained in prison in very 
poor health, in part because of abuse suffered in prison and inadequate 
access to medical attention. Authorities continued to deny his family's 
requests for medical parole. The poor health of reform activist Liu Jie 
reportedly eroded further as a result of inadequate medical care and 
other harsh treatment suffered while in detention. In April cyber 
dissident He Depu wrote a letter to International Olympic Committee 
President Jacques Rogge complaining about deteriorating conditions for 
himself and other political prisoners. Prison officials reportedly 
denied a February request from family members that He be released on 
medical parole, and He's health reportedly remained poor due to medical 
neglect and maltreatment. Many other prisoners with serious health 
concerns remained in prison at year's end. Prison officials often 
denied privileges, including the ability to purchase outside food, make 
telephone calls, and receive family visits to those who refused to 
acknowledge guilt.
    Conditions in administrative detention facilities, such as RTL 
camps, were similar to those in prisons. Beating deaths occurred in 
administrative detention and RTL facilities.
    The law requires juveniles to be held separately from adults, 
unless facilities are insufficient. In practice children sometimes were 
held with adult prisoners and required to work. Political prisoners 
were segregated from each other and placed with common criminals, who 
sometimes beat political prisoners at the instigation of guards. Newly 
arrived prisoners or those who refused to acknowledge committing crimes 
were particularly vulnerable to beatings.
    The Government generally did not permit independent monitoring of 
prisons or RTL camps, and prisoners remained inaccessible to local and 
international human rights organizations, media groups, and the 
International Committee of the Red Cross (ICRC).

    d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention 
remained serious problems. The law permits police and security 
authorities to detain persons without arresting or charging them. 
Because the Government tightly controlled information, it was 
impossible to determine accurately the total number of persons 
subjected to arbitrary arrest or detention.

    Role of the Police and Security Apparatus.--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. The Ministries of 
State Security and Public Security and the People's Armed Police were 
responsible for internal security. The Supreme People's Procuratorate 
(SPP) and the Supreme People's Court (SPC) officials admitted that 
courts and prosecutors often deferred to the security ministries on 
policy matters and individual cases. The SPP was responsible for the 
investigation of corruption and duty crimes. The PLA was responsible 
for external security but also had some domestic security 
responsibilities.
    The Ministry of Public Security (MPS) coordinates the country's law 
enforcement, which is administratively organized into local, county, 
provincial, and specialized police agencies. Some efforts were made to 
strengthen historically weak regulation and management of law 
enforcement agencies; however, judicial oversight was limited, and 
checks and balances were absent. Corruption at the local level was 
widespread. Security officials, including ``urban management'' 
officials, reportedly took individuals into custody without just cause, 
arbitrarily collected fees from individuals charged with crimes, and 
mentally and physically abused victims and perpetrators.
    The SPP acknowledged continuing widespread abuse in law 
enforcement. Domestic news media reported the convictions of public 
security officials who had beaten to death suspects or prisoners in 
their custody. On October 23, Li Litian, a former policeman in Zhoukou 
City, Henan Province, was executed for killing laid-off worker Li 
Shengli in 2004. Li Litian and five other officers beat Li Shengli at 
the request of a local court official with whom Li Shengli had a 
dispute. After beating Li Shengli, police threw him off of the third 
story of the police station. The court official, Lu Liusheng, was 
sentenced to death with a two-year reprieve in May 2007. Investigation 
of misconduct typically only came in response to publicity, public 
pressure, and persistent efforts by relatives of victims to petition 
the Government.

    Arrest and Detention.--Public security organs do not require court-
approved warrants to detain suspects under their administrative 
detention powers. After detention the procuracy can approve formal 
arrest without court approval. According to the law, in routine 
criminal cases police can unilaterally detain persons for up to 37 days 
before releasing them or formally placing them under arrest. After a 
suspect is arrested, the law allows police and prosecutors to detain a 
person for up to seven months while public security organs further 
investigate the case. Another 45 days of detention are allowed where 
public security organs refer a case to the procuratorate to decide 
whether to file charges. If charges are filed, authorities can detain a 
suspect for an additional 45 day period between filing and trial. 
However, in practice the police sometimes detained persons beyond the 
time limits stipulated by law. In some cases, investigating security 
agents or prosecutors sought repeated extensions, resulting in pretrial 
detention of a year or longer. The criminal procedure law allows 
detainees access to lawyers before formal charges are filed, although 
police often limited such access.
    The criminal procedure law requires a court to provide a lawyer to 
a defendant who is blind, deaf, mute, a minor, or persons who may be 
sentenced to death, if the defendant has not already retained a lawyer. 
This law applies whether or not the defendant is indigent. Courts may 
also provide lawyers to other criminal defendants who cannot afford 
them, although courts often did not appoint counsel in such 
circumstances.
    Detained criminal suspects, defendants, their legal 
representatives, and close relatives are entitled to apply for bail; 
however, in practice few suspects were released on bail pending trial.
    The Government used incommunicado detention. The law requires 
notification of family members within 24 hours of detention, but 
individuals often were held without notification for significantly 
longer periods, especially in politically sensitive cases. Under a 
sweeping exception, officials were 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.
    There were numerous reports of citizens who reportedly were 
detained with no or severely delayed notice. For example, on February 
5, a court in Hanzhou sentenced writer and rights activist Lu Gengsong 
to four years in prison for ``inciting subversion of state power.'' Lu 
was detained in August 2007 following publication of articles critical 
of authorities. On March 5, consumer rights advocate Chen Shuwei was 
seized without warrant by a dozen police officers in a Beijing hotel 
and held without charge until March 20. On March 7, human rights 
activist and lawyer Teng Biao was taken by Beijing Public Security 
agents and held incommunicado for two days. On May 18, police detained 
Nanjing-based blogger and professor Guo Quan after Guo posted articles 
critical of the Government's response to the May 12 earthquake in 
Sichuan Province. Guo was released 10 days later but was detained again 
on November 13 by Nanjing authorities on suspicion of ``inciting 
subversion of state power.''
    The law permits nonjudicial panels, called labor reeducation 
panels, to sentence persons without trial to three years in RTL camps 
or other administrative detention programs. The labor reeducation 
committee is authorized to extend a sentence up to one year. Defendants 
could challenge RTL sentences under the administrative litigation law 
and appeal for a reduction in, or suspension of, their sentences. 
However, appeals rarely succeeded. Many other persons were detained in 
similar forms of administrative detention, known as ``custody and 
education'' (for women engaged in prostitution and those soliciting 
prostitution) and ``custody and training'' (for minors who committed 
crimes). Administrative detention was used to intimidate political 
activists and prevent public demonstrations. On June 4, Chen Lianqing 
was detained while petitioning authorities in Beijing to investigate 
the murder of his father; he was later sent to RTL. Authorities used 
special reeducation centers to prolong detention of Falun Gong 
practitioners who had completed terms in RTL.
    Authorities arrested persons on charges of revealing state secrets, 
subversion, and common crimes to suppress political dissent and social 
advocacy. Citizens also were detained and prosecuted under broad and 
ambiguous state secrets laws for, among other actions, disclosing 
information on criminal trials, meetings, and government activity. 
Information could retroactively be classified a state secret by the 
Government.
    During the year human rights activists, journalists, unregistered 
religious figures, and former political prisoners and their family 
members were among those targeted for arbitrary detention or arrest.
    The Government continued to use house arrest as a nonjudicial 
punishment and control measure against dissidents, former political 
prisoners, family members of political prisoners, petitioners, 
underground religious figures, and others it deemed politically 
sensitive. House arrest encompassed varying degrees of stringency but 
sometimes included complete isolation in one's own home or another 
location under lock and guard. In some cases house arrest involved 
constant monitoring, but the target of house arrest was occasionally 
permitted to leave the home to work or run errands. Sometimes those 
under house arrest were required to ride in the vehicles of their 
police monitors when venturing outside. When outside the home, the 
subject of house arrest was usually, but not always, under 
surveillance. In some instances security officials assumed invasive 
positions within the family home, rather than monitoring from the 
outside.
    On April 3, a Beijing court sentenced HIV/AIDS and environmental 
activist Hu Jia to three years and six months in prison for ``inciting 
subversion'' of state authority. Hu Jia was detained in December 2007 
on suspicion of inciting subversion. Hu Jia's wife, activist Zeng 
Jinyan, remained under house arrest with the couple's newborn child. 
During the Olympics, authorities required Zeng and her child to go to 
the northeastern city of Dalian, and restricted Zeng's contact with 
outsiders. On May 31, police at Guiyang Airport apprehended human 
rights activist Chen Xi as he was attempting to fly to Beijing to 
commemorate the Tiananmen massacre. He was detained for nine hours 
without explanation and then sent home, where he remained under house 
arrest. Several underground Catholic clergy were under house arrest for 
varying periods during the year. The longest serving among them may be 
Bishop Su Zhimin, who has reportedly been detained in a form of house 
arrest in Baoding, Hebei Province, since 1997. An unverified 2006 press 
report stated that Bishop Su had died in custody; the Government has 
never responded to inquiries about Bishop Su.
    Police continued the practice of placing under surveillance, 
harassing, and detaining citizens around politically sensitive events, 
including before the third anniversary of Zhao Ziyang's death, the 
plenary sessions of the National People's Congress (NPC) and the 
Chinese People's Political Consultative Conference (CPPCC), and the 
Olympic Games. Authorities in the XUAR used house arrest and other 
forms of arbitrary detention against those accused of subscribing to 
the ``three evils'' of religious extremism, ``splittism,'' and 
terrorism. Raids, detentions, arrests, and judicial punishments 
indiscriminately affected not only those suspected of supporting 
terrorism but also those who peacefully sought to pursue political 
goals or to worship.

    e. Denial of Fair Public Trial.--The law states that the courts 
shall 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 CCP, whose leaders used a 
variety of means to direct courts on verdicts and sentences, 
particularly in politically sensitive cases. At both the central and 
local levels, the Government and CCP frequently interfered in the 
judicial system and dictated court decisions. Trial judges decide 
individual cases under the direction of the adjudication committee in 
each court. In addition the CCP's law and politics committee, which 
includes representatives of the police, security services, 
procuratorate, and courts, had the authority to review and influence 
court operations at all levels of the judiciary; in some cases the 
committee altered decisions. People's congresses also had authority to 
alter court decisions, but this happened rarely.
    Corruption often influenced judicial decision making, and 
safeguards against corruption were vague and poorly enforced. Local 
governments appointed judges at the corresponding level of the judicial 
structure. Judges received their court finances and salaries from these 
government bodies and could be replaced by them. Local authorities 
often exerted undue influence over the judges they appointed and 
financed. Several high-profile corruption cases involved procuracy 
officials.
    Courts lacked the independence and authority to rule on the 
constitutionality of laws. The law permits organizations or individuals 
to question laws and regulations they believe contradict the 
constitution, but a constitutional challenge first requires 
consultation with the body drafting the questioned regulation and can 
only be appealed to the NPC. Accordingly, lawyers had little or no 
opportunity to use the constitution in litigation.
    The SPC is 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 RTL and other forms of 
administrative detention. There were special courts for handling 
military, maritime, and railway transport cases.
    The CCP used a form of discipline known as shuang gui for 
violations of party discipline, but there were reports of its use 
against nonparty members. Shuang gui is similar to house arrest and can 
be authorized without judicial involvement or oversight. Shuang gui 
requires the CCP party member under investigation to submit to 
questioning at a designated place and time. According to regulations of 
the Central Discipline Inspection Commission (CDIC) governing shuang 
gui, corporal punishment is banned, the member's dignity must be 
respected, and he or she is regarded as a comrade unless violations are 
proved. Absent any legal oversight, it is unclear how these regulations 
were enforced in practice.

    Trial Procedures.--Trials took place before a judge, who often was 
accompanied by ``people's assessors,'' lay persons hired by the court 
to assist in decision making. According to law, people's assessors had 
authority similar to judges, but in practice they deferred to judges 
and did not exercise an independent jury-like function.
    There was no presumption of innocence, and the criminal justice 
system was biased toward a presumption of guilt, especially in high-
profile or politically sensitive cases. The combined conviction rate 
for first and second instance criminal trials was more than 99 percent 
in 2007; 933,156 defendants were tried, and 1,417 were found not 
guilty. In many politically sensitive trials, which rarely lasted more 
than several hours, the courts handed down guilty verdicts immediately 
following proceedings. Courts often punished defendants who refused to 
acknowledge guilt with harsher sentences than those who confessed. 
There was an appeals process, but appeals rarely resulted in reversed 
verdicts. Appeals processes failed to provide sufficient avenues for 
review, and there were inadequate remedies for violations of 
defendants' rights.
    SPC regulations require all trials to be open to the public, with 
certain exceptions, such as cases involving state secrets, privacy, and 
minors. Authorities used the legal exception for cases involving state 
secrets to keep politically sensitive proceedings closed to the public 
and sometimes even to family members and to withhold access to defense 
counsel. Under the regulations, foreigners with valid identification 
are allowed the same access to trials as citizens, but in practice 
foreigners were permitted to attend court proceedings by invitation 
only. 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 secret'' cases, fill all available seats 
with security officials, or otherwise close them to the public. For 
example, foreign diplomats requested but were denied permission to 
attend Hu Jia's March 18 trial on charges of subverting state 
authority. Some trials were broadcast, and court proceedings were a 
regular television feature. A few courts published their verdicts on 
the Internet.
    The law gives most suspects the right to seek legal counsel shortly 
after their initial detention and interrogation, although police 
frequently interfered with this right. Individuals who face 
administrative detention do not have the right to seek legal counsel.
    Both criminal and administrative cases remained eligible for legal 
aid, although 70 percent or more of criminal defendants still went to 
trial without a lawyer. According to the Ministry of Justice, the 
number of legal-aid cases reached 420,000 in 2007, 3.3 times the 2002 
figure. The country had 12,285 full-time legal aid personnel, including 
5,927 lawyers, and 76,890 registered volunteers at the end of 2007, 
although the number of legal-aid personnel remained inadequate to meet 
demand. Nonattorney legal advisors and volunteers provided the only 
legal aid options in many areas. According to the SPC's March work 
report to the NPC, courts over the past five years have waived RMB 5.4 
billion ($790 million) in litigation costs.
    Government-employed lawyers often refused to represent defendants 
in politically sensitive cases, and defendants frequently found it 
difficult to find an attorney. When defendants were able to retain 
counsel in politically sensitive cases, government officials sometimes 
prevented effective representation of counsel. Officials deployed a 
wide range of tactics to obstruct the work of lawyers representing 
sensitive clients, including unlawful detentions, disbarment, 
intimidation, refusal to allow a case to be tried before a court, and 
physical abuse.
    During the year the Beijing Judicial Bureau refused to renew the 
professional license of distinguished lawyer Teng Biao, who offered to 
represent Tibetans taken into custody for their role in the March 
protests in Lhasa. Other lawyers deprived of their license to practice 
law included Henan lawyers Li Wusi and Li Subin; Shanghai lawyers Zheng 
Enchong and Guo Guoting; Beijing lawyer Gao Zhisheng; and Guangdong 
lawyers Tang Jingling, Guo Yan, and Yang Zaixin. On June 2, Beijing-
based lawyer Pu Zhiqiang, who was barred from commemorating the June 4 
massacre in Tiananmen Square, was followed by Beijing police and 
detained on June 3 for several hours.
    According to the law, defense attorneys can be held responsible if 
their client commits perjury, and prosecutors and judges have wide 
discretion to decide what constitutes perjury. In some sensitive cases, 
lawyers had no pretrial access to their clients, and defendants and 
lawyers were not allowed to speak during trials. In practice criminal 
defendants often were not assigned an attorney until a case was brought 
to court. Even in nonsensitive criminal trials, only one in seven 
defendants reportedly had legal representation.
    The mechanism that allows defendants to confront their accusers was 
inadequate; the percentage of witnesses who came to court in criminal 
cases was less than 10 percent and as low as 1 percent in some courts. 
According to one expert, only 1 to 5 percent of trials involved 
witnesses. In most criminal trials, prosecutors read witness 
statements, which neither the defendant nor his lawyer had an 
opportunity to question. Approximately 95 percent of witnesses in 
criminal cases did not appear in court to testify, sometimes due to 
hardship or fear of reprisals. Although the criminal procedure law 
states pretrial witness statements cannot serve as the sole basis for 
conviction, officials relied heavily on such statements to support 
their cases. Defense attorneys had no authority to compel witnesses to 
testify or to mandate discovery, although they could apply for access 
to government-held evidence relevant to their case. In practice 
pretrial access to information was minimal, and the defense often 
lacked adequate opportunity to prepare for trial.
    Police and prosecutorial officials often ignored the due process 
provisions of the law, which led to particularly egregious consequences 
in death penalty cases. By law there are at least 68 capital offenses, 
including nonviolent financial crimes such as counterfeiting currency, 
embezzlement, and corruption.
    In 2007 the SPC reassumed jurisdiction to conduct final review of 
death penalty cases handed down for immediate execution (but not death 
sentences handed down with a two-year reprieve). In most cases the SPC 
does not have authority to issue a new decision or declare a defendant 
innocent if it discovers errors in the original judgment, and can only 
approve or disapprove lower court decisions. SPC spokesman Ni Shouming 
stated that, since reassuming the death penalty review power in January 
2007, the SPC had rejected 15 percent of the cases it reviewed due to 
unclear facts, insufficient evidence, inappropriateness of the death 
sentence in some cases, and inadequate trial procedures. The SPC 
remanded these cases back to lower courts for further proceedings, 
although it did not provide underlying statistics or figures. Because 
official statistics remained a state secret it was not possible to 
evaluate independently the implementation and effects of the 
procedures.
    Following the SPC's reassumption of death penalty review power, 
executions were not to be carried out on the date of conviction, but 
only with the SPC's approval. On May 23, the chief judge of the third 
criminal law division of the SPC declared that since the implementation 
of this reform, the number of death sentences with a two-year reprieve 
surpassed the number of immediate-execution death sentences. Media 
reports stated that approximately 10 percent of executions were for 
economic crimes, especially corruption.
    Through the monitoring of publicly available records and reports, 
Amnesty International estimated that in 2007 at least 470 persons were 
executed and 1,860 persons were sentenced to death, although Amnesty 
stated that the true figures were believed to be much higher. The 
foreign-based Dui Hua Foundation estimated that about 6,000 persons 
were executed in 2007, a 25 to 30 percent decrease from the previous 
year's estimate.

    Political Prisoners and Detainees.--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 RTL camps or administrative detention. The Government did 
not grant international humanitarian organizations access to political 
prisoners.
    Foreign NGOs estimated that several hundred persons remained in 
prison for the repealed crime of ``counterrevolution,'' and thousands 
of others were serving sentences under the state security law, which 
authorities stated covers crimes similar to counterrevolution. 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 provisions of the criminal law, 
which were eliminated when the law was revised. No systematic review 
has occurred. The Government maintained that prisoners serving 
sentences for counterrevolution and endangering state security were 
eligible on an equal basis for sentence reduction and parole, but 
evidence suggested that political prisoners benefitted from early 
release at lower rates than those enjoyed by other prisoners. Dozens of 
persons were believed to remain in prison in connection with their 
involvement in the 1989 Tiananmen prodemocracy movement. International 
organizations estimated that at least 10 and as many as 200 Tiananmen 
activists were still in prison. The exact number was unknown because 
official statistics have never been made public.
    Many political prisoners remained in prison or under other forms of 
detention at year's end, including rights activists Hu Jia and Wang 
Bingzhang; Alim and Ablikim Abdureyim, sons of Uighur activist Rebiya 
Kadeer; journalist Shi Tao; dissident Wang Xiaoning; land-rights 
activist Yang Chunlin; Internet writers Yang Zili and Xu Wei; labor 
activists Yao Fuxin, Hu Mingjun, Huang Xiangwei, Kong Youping, Ning 
Xianhua, Li Jianfeng, Li Xintao, Lin Shun'an, Yue Tianxiang, Li 
Wangyang, and She Wanbao; CDP cofounder Qin Yongmin; family planning 
whistleblower Chen Guangcheng; Bishop Su Zhimin; Christian activist 
Zhang Rongliang; Inner Mongolian activist Hada; Uighurs Tohti Tunyaz 
and Dilkex Tilivaldi; and Tibetans Jigme Gyatso, Tenzin Deleg, and 
Gendun Choekyi Nyima. Labor activist Hu Shigen was released in August. 
Political prisoners obtained parole and sentence reduction much less 
frequently than ordinary prisoners.
    Criminal punishments included ``deprivation of political rights'' 
for a fixed period after release from prison, during which the 
individual is denied the already-limited rights of free speech and 
association granted to other citizens. Former prisoners 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.

    Civil Judicial Procedures and Remedies.--Courts deciding civil 
matters suffered from internal and external limitations on judicial 
independence. The State Compensation Law provides administrative and 
judicial remedies for deprivations of criminal rights, such as wrongful 
arrest or conviction, extortion of confession by torture, or unlawful 
use of force resulting in bodily injury. In civil matters, prevailing 
parties often found it difficult to enforce court orders, and 
resistance to the enforcement sometimes extended to forcible resistance 
to court police.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law 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 (PSB) and prosecutors can issue search warrants 
on their own authority without judicial consent, review, or 
consideration. 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 citizens were under heavy surveillance and routinely had their 
telephone calls monitored or telephone service disrupted. The 
authorities frequently warned dissidents and activists, underground 
religious figures, former political prisoners, and others whom the 
Government considered to be troublemakers not to meet with foreign 
journalists or diplomats, especially before sensitive anniversaries, at 
the time of important government or party meetings, and during the 
visits of high-level foreign officials. Security personnel also 
harassed and detained the family members of political prisoners, 
including following them to meetings with foreign reporters and 
diplomats and urging them to remain silent about the cases of their 
relatives.
    Forced relocation because of urban development continued and in 
some locations increased during the year. During the year protests over 
relocation terms or compensation, some of which included thousands of 
participants, were increasingly common and some protest leaders were 
prosecuted. There were numerous reports that evictions in Beijing were 
linked to construction for the Olympics. In rural areas relocation for 
infrastructure and commercial development projects resulted in the 
forced relocation of millions of persons.
    The Government restricted the rights of parents to choose the 
number of children they will have and the period of time between 
births. While the national family planning authorities shifted their 
emphasis from lowering fertility rates to maintaining low fertility 
rates and emphasized quality of care in family planning practices, the 
country's birth limitation policies retained harshly coercive elements 
in law and practice. The penalties for violating the law are strict, 
leaving some women little choice but to abort pregnancies. Although 
some officials suggested that adjustments to the policy were needed to 
address aging and sex-ratio at birth problems, during the year the 
family planning minister announced the policy would not change for at 
least a decade.
    The law standardizes the implementation of the Government's birth 
limitation policies; however, enforcement varied significantly. The law 
only grants married couples the right to have one birth and allows 
eligible couples to apply for permission to have a second child if they 
meet conditions stipulated in local and provincial regulations. The law 
requires couples that have an unapproved child to pay a ``social 
compensation fee,'' which sometimes reached 10 times a person's annual 
disposable income, and grants preferential treatment to couples who 
abide by the birth limits. Although the law states that officials 
should not violate citizens' rights, these rights, as well as penalties 
for violating them, are not clearly defined. The law provides 
significant and detailed sanctions for officials who help persons evade 
the birth limitations.
    Social compensation fees are set and assessed at the local level. 
The law requires family planning officials to obtain court approval 
before taking ``forcible'' action, such as detaining family members or 
confiscating and destroying property of families who refuse to pay 
social compensation fees. However, in practice this requirement was not 
always followed and the national authorities remained ineffective at 
reducing abuses by local officials.
    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 
the policy was more relaxed, with slightly more than half of women 
permitted to have a second child if the first was a girl or had a 
disability.
    All provinces have regulations implementing the national family 
planning law. For example, Anhui Province's law permits 13 categories 
of couples, including coal miners, some remarried divorcees, and some 
farm couples, to have a second child. Ethnic minorities, such as the 
Uighurs and the Tibetans, are also allowed more than one child. Several 
provinces--Anhui, Hebei, Heilongjiang, Hubei, Hunan, Jilin, Liaoning, 
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, Shaanxi, and Yunnan--require unspecified ``remedial 
measures'' to deal with out-of-plan pregnancies.
    Zhejiang and Hunan provinces revised their regulations to eliminate 
their birth spacing requirement to adjust for local circumstances. 
Birth spacing policies are set at the provincial level, typically 
requiring that a couple wait four years between births if the couple is 
eligible to have a second child. If the second pregnancy occurs during 
the four-year waiting period, it is considered an unapproved pregnancy 
and local officials may require termination. However, Hunan Province 
also raised the social compensation fee from two times a family's 
annual income to up to six times if the family was wealthy. Hunan 
Province also added that violators of the birth limitation regulations 
could not work as public servants.
    The country's population control policy relied on education, 
propaganda, and economic incentives, as well as on more coercive 
measures. Those who violated the child limit policy by having an 
unapproved child or helping another do so faced disciplinary measures 
such as social compensation fees, 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 
private property. In the case of families that already had two 
children, one parent was often pressured to undergo sterilization. The 
penalties sometimes left women with little practical choice but to 
undergo abortion or sterilization.
    In order to delay childbearing, the 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 have a child. In 
November 2007, Hunan Province adopted new penalties for children 
conceived out of wedlock, requiring violators to pay 6 to 8 percent of 
their income from the previous year, in addition to the standard social 
compensation fee. The law states that family planning bureaus will 
conduct pregnancy tests on married women and provide them with 
unspecified ``follow-up'' services. Some provinces fined women who did 
not undergo periodic pregnancy tests. For example, in Hebei Province 
fines ranged from RMB 200 to RMB 500 (approximately $29 to $73), and in 
Henan Province fines ranged from RMB 50 to RMB 500 ($7 to $73).
    Officials at all levels remained subject to rewards or penalties 
based on meeting the population goals set by their administrative 
region. Promotions for local officials depended in part on meeting 
population targets. Linking job promotion with an official's ability to 
meet or exceed such targets provided a powerful structural incentive 
for officials to employ coercive measures to meet population goals. In 
an effort to meet local sterilization targets, officials in Gansu 
Province, who were often promised a promotion and a monetary reward, 
reportedly forcibly detained and sterilized a Tibetan woman who had 
abided by local population planning requirements. There continued to be 
sporadic reports of violations of citizens' rights by local officials 
attempting to reduce the number of births in their region. In March 
family-planning officials in Henan Province reportedly forcibly 
detained a 23-year-old unmarried woman who was seven months pregnant. 
Officials reportedly tied her to a bed, induced labor, and killed the 
newborn upon delivery. In April population-planning officials in 
Shandong Province reportedly detained and beat the sister of a woman 
who had illegally conceived a second child in an attempt to compel the 
woman to undergo an abortion. In November in XUAR, family planning 
officials and police escorted a Uighur woman, Arzigul Tursun, who was 
more than six months pregnant with her third child, to the hospital for 
an abortion. Tursun had gone into hiding to save her pregnancy but 
returned amid threats that her family's home and land would be 
confiscated. After the situation was brought to the attention of 
central government officials, Tursun was released from the hospital 
without having to undergo the procedure.
    According to law, citizens may sue officials who exceed their 
authority in implementing birth-planning policy. However, there were 
few protections for whistleblowers against retaliation from local 
officials.
    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. National 
Population and Family Planning Commission (NPFPC) regulations ban 
nonmedically necessary determinations of the sex of the fetus and sex-
selective abortions, but some Chinese experts believed that the 
penalties for violating the regulations were not severe enough to deter 
unlawful behavior. According to government estimates released on 
February 28, the male-female sex ratio at birth was 120 to 100 at the 
end of 2007 (compared with norms elsewhere of between 103 and 107 to 
100).
    Family members of activists and rights defenders, Falun Gong 
practitioners, journalists, unregistered religious figures, and former 
political prisoners were targeted for arbitrary arrest, detention, and 
harassment. Some were required to leave Beijing during the Olympics. 
Rights activist Zeng Jinyan, the wife of Hu Jia, reportedly was held at 
a hotel in Dalian during the Olympics. After returning Zeng Jinyan to 
her Beijing apartment, authorities kept her under close surveillance. 
Yuan Weijing, the wife of legal advisor Chen Guangcheng, continued to 
be subjected to ongoing harassment, including strict surveillance, 
confinement to her home, and denial of prison visits.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, although the Government generally did not 
respect these rights in practice. The Government interpreted the CCP's 
``leading role,'' as mandated in the constitution, as superseding and 
circumscribing these rights. The Government continued to control print, 
broadcast, and electronic media tightly and used them to propagate 
government views and CCP ideology. During the year the Government 
increased censorship and manipulation of the press and the Internet 
during major events, including the Tibetan protests in March through 
June, the May 12 Sichuan earthquake, and the Olympic games. All media 
were expected to abide by censorship guidelines issued by the party. In 
a June 20 speech on propaganda work, CCP General Secretary Hu Jintao 
reiterated local media's subordinate role to the party, telling 
journalists they must ``serve socialism'' and the party.
    Media outlets received regular guidance from the Central Propaganda 
Department, which listed topics that should not be covered, including 
politically sensitive topics. During the year propaganda officials 
issued guidelines restricting media coverage of sensitive topics, 
including demonstrations by parents whose children died in the May 12 
Sichuan earthquake when their schools collapsed. On August 12, the Hong 
Kong-based South China Morning Post reported that propaganda 
authorities had issued a 21-point directive outlining how the domestic 
media should handle certain stories during the Olympics. According to 
the directive, Chinese journalists were barred from reporting on the 
lifting of censorship of foreign Web sites during the Olympics, the 
private lives of visiting heads of state, and Tibetan and Uighur 
separatist movements, among other topics. The directive also ordered 
journalists to report positively on Olympic security arrangements.
    So long as the speaker did not publish views that challenged the 
CCP or disseminate such views to overseas audiences, the range of 
permissible topics for private speech continued to expand. Political 
topics could be discussed privately and in small groups without 
punishment, and criticisms of the Government were common topics of 
daily speech. However, public speeches, academic discussions, and 
speeches at meetings or in public forums covered by the media remained 
circumscribed, as did speeches pertaining to sensitive social topics.
    The Government also frequently monitored gatherings of 
intellectuals, scholars, and dissidents where political or sensitive 
issues were discussed. Those who aired views that disagreed with the 
Government's position on controversial topics or disseminated such 
views to domestic and overseas audiences risked punishment ranging from 
disciplinary action at government work units to police interrogation 
and detention. To commemorate human rights day on December 10, a group 
of 303 intellectuals and activists released a petition calling for 
human rights and democracy. Security forces questioned or detained 
several signatories to the document. At year's end one signer, writer 
Liu Xiaobo, remained in detention. On May 21, police in Liaoning 
Province detained Shenyang resident Gao Qianhui a day after she posted 
a YouTube video criticizing the lack of entertainment during the 
national period of mourning for Sichuan earthquake victims.
    The Central Propaganda Department continued to list subjects that 
were off limits to the domestic media, and the Government maintained 
authority to approve all programming. Nearly all print media, broadcast 
media, and book publishers were owned by, or affiliated with, the CCP 
or a government agency. There were a small number of privately owned 
print publications, but no privately owned television or radio 
stations. International media were not allowed to operate freely and 
faced heavy restrictions.
    In October the Government permanently adopted the Olympics-related 
temporary regulations that expanded press freedoms for foreign media. 
In a September 17 statement, the Foreign Correspondent's Club of China 
(FCCC) noted some improvements in government transparency, including 
the release of more official data, especially on environmental matters, 
and increased access to government officials. However, the FCCC also 
reported that local authorities continued to infringe upon the freedom 
of foreign journalists to travel and conduct interviews, and that 
during the year harassment of foreign journalists rose sharply, 
particularly in the weeks before and during the Olympics. Between July 
25, when the Olympics media center opened, and August 23, the day 
before the Olympics closing ceremony, the FCCC reported 30 cases of 
``reporting interference.'' On July 22, police manhandled Hong Kong 
journalists who were covering a crowd attempting to purchase Olympic 
tickets. In Kashgar, XUAR police detained and beat two Japanese 
journalists attempting to cover the aftermath of an August 4 deadly 
attack on a People's Armed Police unit. From August 8 to 11, a foreign 
writer and photographer and a foreign photojournalist were detained and 
searched repeatedly while attempting to cover bombings in the Xinjiang 
Province. On August 13, Beijing police roughed up and detained a 
journalist for Independent Television News who was covering a Tibet-
related protest near the Olympic village. Foreign correspondents were 
still unable to visit the TAR without official permits, which rarely 
were granted.
    Between January 1 and December 2, the FCCC reported 178 incidents 
of harassment compared with 160 cases for all of 2007. On January 24, 
thugs in Shandong Province threw stones at a German television crew 
attempting to meet with Yuan Weijing, the wife of imprisoned rights 
activist Chen Guangcheng. In November thugs beat a Belgian television 
crew attempting to cover the HIV/AIDS epidemic in Henan Province. The 
thugs also robbed the crew of its tapes, camera memory card, mobile 
phones, and money.
    After protests and rioting broke out in Tibetan areas in March, 
more than two dozen foreign reporters were turned away from or forced 
to leave Tibetan areas, including Lhasa, Tibet's regional capital, and 
Xiahe in Gansu Province. Also in Xiahe, authorities barred a foreign 
film crew from using e-mail and ordered the crew not to report on the 
police in riot gear and soldiers they saw headed toward Labrang 
Monastery. Several other reporting teams were turned away from Tibetan 
areas during this period, including a foreign television crew, which 
was told that foreigners were not allowed into the area due to concerns 
for their safety. In the weeks after the riots, several Beijing-based 
foreign correspondents received death threats after their personal 
contact information, including mobile phone numbers, was revealed on 
the Internet.
    In May police in Henan Province detained two Finnish journalists 
for seven hours while preparing a report on a migrant worker who had 
been employed on an Olympics-related construction site in Beijing.
    In the immediate aftermath of the May 12 Sichuan earthquake, 
authorities generally allowed foreign reporters access to the disaster 
areas, although the FCCC reported some incidents of local authorities 
detaining journalists and confiscating photos and videos. However, this 
access was sharply curtailed by June when parents of children who had 
died in collapsed school buildings began organizing protests. The FCCC 
reported ten incidents of harassment and intimidation of foreign 
reporters attempting to report on the school collapses.
    Officials can be punished for unauthorized contact with 
journalists. According to Reporters Without Borders (RSF), Li Fuguo, a 
municipal official in Fuyang, Anhui Province, died in prison in March. 
RSF reported that Li was arrested in August 2007 after speaking with a 
journalist about an illegal requisition of farm land. Prison officials, 
RSF reported, claimed Li took his own life.
    In December the Committee to Protect Journalists documented the 
cases of 28 imprisoned journalists. Editors and journalists continued 
to practice self-censorship as the primary means for the party to limit 
freedom of the press on a day-to-day basis. Official guidance on 
permitted speech was often vague, subject to change at the whim of 
propaganda officials, and retroactively enforced. Propaganda 
authorities can force newspapers to fire editors and journalists who 
print articles that conflict with official views and can suspend or 
close publications. The system of post-publication punishment 
encourages editors to take a conservative approach since a publication 
could face enormous business losses if it were suspended for 
inadvertently printing forbidden content. In September authorities 
ordered the China Business Post to suspend publication for three months 
as punishment for publication of an article critical of the 
Agricultural Bank of China.
    Government officials used criminal prosecution, civil lawsuits, and 
other punishments, including violence, detention, and other forms of 
harassment, to intimidate authors and domestic journalists and block 
controversial writings. On January 4, officials in Xifeng, Liaoning 
Province, dispatched police to Beijing to arrest Zhu Wenna, a reporter 
for the magazine Faren Zazhi, on defamation charges after Zhu 
criticized a local communist party leader in a story about a contested 
land seizure in Xifeng. Xifeng officials abandoned efforts to arrest 
Zhu after a public and media outcry. On June 10, police in Chengdu 
detained Internet writer and activist Huang Qi, director and cofounder 
of the Tianwang Human Rights Center in Chengdu, after he posted an 
article on his Web site criticizing the Government's handling of the 
May 12 earthquake. On August 8, a reporter for the Chengdu newspaper, 
Peng Shijun, was reportedly beaten by thugs and hospitalized while 
reporting on alleged false advertising by a language translation school 
in Xian, Shaanxi Province.
    A domestic journalist can face demotion or job loss for publishing 
views that challenge the Government. In April journalist Zhang Ping 
(who writes under the name Chang Ping) was demoted from his job as 
deputy editor of Nandu Weekly after publishing an article on his blog 
critical of official censorship surrounding the outbreak of protests in 
Tibet. In August Mehbube Ablesh, a Uighur writer, poet, and employee of 
Xinjiang People's Radio, was fired from her post and detained by police 
after posting articles online that criticized the central government 
and provincial leaders.
    Journalists who remained in prison included Lu Gengsong, Lu 
Jianhua, Huang Jinqiu, Yu Huafeng, Li Minying, Cheng Yizhong, and Shi 
Tao. In February Ching Cheong, who had been imprisoned since 2005 on 
espionage charges, was released unexpectedly. During the year, Li 
Changqing, former deputy news director of the Fuzhou Ribao, was 
released after serving his two-year sentence in prison. However, 
authorities refused to issue Li Changqing a passport, preventing him 
from traveling overseas to receive the World Association of Newspapers' 
Gold Pen prize. Authorities stopped Li's wife, Bao Dingling, at 
Beijing's airport when she attempted to attend the June 2 award 
ceremony on her husband's behalf.
    During the year journalists and editors who exposed corruption 
scandals frequently faced problems with the authorities. On May 16, 
police in Heilongjiang Province reportedly detained Ren Shangyan, 
assistant director of the corruption-monitoring Web site China Justice 
Advocacy Web (Zhonghua Shenzheng Wang), for her reporting on national 
and local corruption cases. Newspapers and journalists who reported on 
corruption without government or party approval faced possible 
sanction, although authorities allowed reporting on some high-profile 
cases. On May 13, Qi Chonghuai, a journalist in Shandong Province, was 
convicted of ``extortion and blackmail'' and sentenced to four years in 
prison. Qi was arrested in June 2007 after he and a friend published an 
article on the Xinhuanet Web site alleging official corruption in the 
Tengzhou Communist Party. The coauthor of the article, photographer Ma 
Shiping, remained in jail at year's end. On May 13, He Yanjie, who was 
working as Qi's research assistant, was sentenced to two years in 
prison.
    According to an official report, during the year authorities 
confiscated more than 83 million copies of ``pornographic, pirated, and 
unauthorized publications.'' Some copies of the July 24 edition of the 
Beijing News were removed from newsstands after the paper printed a 
photo related to the 1989 Tiananmen Square crackdown. The paper also 
removed the related story from its Web site.
    Officials continued to censor, ban, and sanction reporting on 
labor, health, environmental crises, and industrial accidents. Official 
censorship, including strict media controls surrounding the Beijing 
Olympic Games, prevented timely reporting by Chinese journalists of the 
discovery of dairy products tainted with the chemical melamine. 
Authorities later restricted reporting on efforts by parents of 
children harmed by the tainted products to seek redress through the 
court system.
    By law only government-approved publishing houses were permitted to 
print books. The State Press and Publications Administration (PPA) 
controlled all licenses to publish. No newspaper, periodical, book, 
audio, video, or electronic publication may be printed or distributed 
without the PPA and relevant provincial publishing authorities' 
approval of both the printer and distributor. Individuals who attempted 
to publish without government approval faced imprisonment, fines, 
confiscation of their books, and other sanctions. The CCP exerted 
control over the publishing industry by preemptively classifying 
certain topics as off-limits.
    During a nationwide teleconference on January 17, party propaganda 
department head Liu Yunshan ordered officials to step up the campaign 
against ``illegal publications,'' a term that includes pornography and 
pirated material, but also any content deemed politically subversive.
    Many intellectuals and scholars exercised self-censorship, 
anticipating that books or papers on political topics would be deemed 
too sensitive to be published. The censorship process for private and 
government media also increasingly relied on self-censorship and, in a 
few cases, post-publication sanctions.
    At year's end Korash Huseyin, the former editor of the Uighur-
language Kashgar Literature Journal, remained in an undisclosed prison. 
In late 2004 Huseyin was sentenced to three years for publishing 
Nurmuhemmet Yasin's short story ``Wild Pigeon,'' which authorities 
considered critical of CCP rule of Xinjiang. Yasin remained in prison 
serving a 10-year sentence. Authorities continued to ban books with 
content they deemed controversial.
    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 BBC. English-language 
broadcasts on VOA generally were not jammed. Government jamming of RFA 
and BBC appeared to be more frequent and effective. Internet 
distribution of ``streaming radio'' news and ``podcasts'' from these 
sources often was blocked. Despite jamming overseas broadcasts, VOA, 
BBC, RFA, Deutsche Welle, and Radio France International had large 
audiences, including human rights advocates, ordinary citizens, and 
government officials.
    Television broadcasts of foreign news, which were largely 
restricted to hotels and foreign residence compounds, were occasionally 
subject to censorship. According to an October 18 report by the 
communication news Web site c114.net, in the first half of the year 
authorities confiscated more than 110,000 private satellite dishes and 
closed over 2,000 vendors of illegal satellite equipment. In the days 
following the outbreak of the March 14 riots in Lhasa and protests in 
other Tibetan communities, authorities cut off satellite feeds from the 
BBC World News and CNN when the stations aired reports about Tibet. 
Such censorship of foreign broadcasts also occurred around the 
anniversary of the 1989 crackdown in Tiananmen Square. Individual 
issues of foreign newspapers and magazines were occasionally banned 
when they contained articles deemed too sensitive. Authorities banned 
the May issue of the Far Eastern Economic Review, reportedly because of 
an article headlined, ``Beijing Embraces Classical Fascism.''
    Politically sensitive coverage in Chinese, and to a lesser extent 
in English, was censored more than coverage in other languages. The 
Government prohibited some foreign and domestic films deemed too 
sensitive.

    Internet Freedom.--During the year the China Internet Network 
Information Center reported that the number of Internet users increased 
to 298 million, 91 percent of whom had broadband access. The Government 
took steps to monitor Internet use, control content, restrict 
information, and punish those who violated regulations, but these 
measures were not universally effective. A large number of Internet 
users used proxy servers to access banned content. During the year 
political dissidents successfully used Internet instant-messaging 
technology to hold large-scale, virtual meetings.
    The MPS, which monitors the Internet under guidance from the 
Central Propaganda Department, employed thousands of persons at the 
national, provincial, and local levels to monitor electronic 
communications. Xinhua News Agency reported that during the year 
authorities closed 14,000 illegal Web sites and deleted more than 
490,000 items of ``harmful'' content from the Internet. In 2007 
authorities reported closing 62,600 illegal Web sites as part of a 
nationwide crackdown on ``illegal and pornographic'' publications. Many 
Web sites included images of cartoon police officers that warn users to 
stay away from forbidden content. Operators of Web portals, blog 
hosting services, and other content providers engaged in self-
censorship to ensure their servers were free from politically sensitive 
content.
    Individuals using the Internet in public libraries were required to 
register using their national identity card. Internet usage reportedly 
was monitored at all terminals in public libraries. Internet cafes were 
required to install software that allows government officials to 
monitor customers' Internet usage. Internet users at cafes were often 
subject to surveillance. Many cafes sporadically enforced regulations 
requiring patrons to provide identification.
    The Government consistently blocked access to Web sites it deemed 
controversial, especially those discussing Taiwanese and Tibetan 
independence, underground religious and spiritual organizations, 
democracy activists, and the 1989 Tiananmen crackdown. The Government 
also at times blocked access to selected sites operated by major 
foreign news outlets, health organizations, foreign governments, and 
educational institutions. During the year, particularly during the 
outbreak of unrest in Tibet and the run--up to the Olympic Games, 
authorities maintained tight control over Internet news and 
information. Computers set up at the Olympic press center were subject 
to censorship, and journalists complained that they were unable to 
visit some overseas Web sites. Following complaints by foreign 
reporters, many normally blocked Web sites were temporarily available 
during the games. During the Olympics, authorities temporarily blocked 
iTunes, reportedly because officials were concerned that Olympic 
athletes were downloading pro-Tibet songs.
    Authorities employed an array of technical measures to block 
sensitive Web sites based in foreign countries. The ability of users to 
access sensitive foreign Web sites varied from city to city. Internet 
police were also able to automatically censor e-mail and web chats 
based on an ever-changing list of sensitive key words, such as ``Falun 
Gong'' and ``Tibetan independence.'' While such censorship was 
effective in keeping casual users away from sensitive content, it was 
defeated easily through the use of various technologies. Software for 
defeating official censorship was readily available inside the country. 
Despite official monitoring and censorship, during the year some 
dissidents continued to use voice-over-Internet and instant messaging 
software, such as Skype, to conduct online meetings and events.
    Given the limitations of technical censorship, self-censorship by 
Internet companies remained the primary means for authorities to 
restrict speech online. All Web sites are required to be licensed by, 
or registered with, the Ministry of Information Industry and all 
Internet content providers inside the country faced the potential 
suspension of their licenses for failing to adequately monitor users of 
e-mail, chat rooms, and instant messaging services. The Internet 
Society of China, a group composed of private and state-run Internet 
companies, government offices, and academic institutions, cosponsored a 
Web site, China Internet Illegal Information Reporting Centre 
(ciirc.china.cn), which invited members of the public to report illegal 
online activity. Users were able to use the site to report crimes such 
as pornography, fraud and gambling, but also ``attacks on the party and 
government.'' Self-censorship by blog-hosting services intensified in 
the weeks before and during the Olympic Games.
    An October report by the OpenNet Initiative Asia and the 
Information Warfare Monitor revealed that TOM--Skype, a Chinese version 
of the Skype Internet communication software, was logging and saving 
user messages on to TOM--Skype servers based on the presence of 
sensitive key words, such as ``Communist Party,'' ``Falun Gong,'' and 
``Taiwan independence.'' In response to the report, Skype President 
Josh Silverman stated that while Skype's Chinese partner, TOM Online, 
monitored and blocked certain messages in accordance with Chinese law, 
the logging and storage of such messages was conducted without Skype's 
knowledge.
    In January provisions went into effect reiterating licensing 
requirements for audio-- and video-hosting Web sites, requiring them to 
be state owned or state controlled. In March the Government reported 
the results of the two-month crackdown on audio and video, as well as 
online map and geographical information Web sites, reporting that it 
shut down 25 video Web sites and warned 32 others for, among other 
things, failing to have the proper license or ``endangering the 
security and interest of the state.'' The Government also reported that 
most of the 10,000 Web sites that provided online maps did so without 
approval and were subject to closure. In April the Government began a 
year-long campaign to remove ``illegal'' maps from the Internet, 
including those that label Taiwan as a country or fail to note the 
Government's territorial claims in the South China Seas, the Diaoyu 
Island, and the Chiwei Islands.
    During the year authorities continued to jail numerous Internet 
writers for peaceful expression of political views. For example on June 
5, authorities in Shanghai detained Feng Zhenghu, a rights defender, 
online writer, and freelance journalist, on suspicion of 
``intentionally disturbing public order.'' The charges came after Feng 
published and distributed a list of wrongful convictions handed down by 
Shanghai courts, along with other writings. Feng was released June 15. 
On June 27, Sun Lin, a reporter for the foreign-based Web site Boxun, 
was sentenced to four years in prison for creating social unrest. Sun 
and his wife He Fang were arrested in May 2007 after Sun wrote articles 
on sensitive subjects, including crime and police brutality. He Fang 
was also charged and given a suspended sentence. In July Internet 
writer Du Daobin was rearrested and ordered to serve the remaining two 
years of a previously suspended sentence for ``inciting subversion of 
state power.'' On July 5, Shanghai PSB officers traveled to Suzhou to 
arrest 23-year-old blogger Jia Xiaoyin, who later was charged with 
libel for ``spreading rumors'' that Yang Jia's killing of six Shanghai 
police officers July 1 was ``justifiable homicide'' because police 
allegedly had tortured Yang (See Section 1.a). Jia's parents were not 
notified of his arrest until mid-October. At year's end he was awaiting 
trial. In May Chen Daojun, an Internet writer and environmental 
activist based in Chengdu, Sichuan Province was arrested, and on 
November 21 he was sentenced to three years in prison for ``inciting 
subversion of state power.'' Chen was arrested after he participated in 
an environmental protest and posted articles online supportive of 
Tibetan demonstrators. According to Chen's lawyer, three of his 
articles were submitted as evidence that he had attacked the CCP.
    According to the PEN American Center, persons who remained in 
prison as a result of their online writings and activities included: 
Zhu Yufu (who was sentenced to two additional years in prison), Guo 
Qizhen, Jin Haike, Kong Youping, Li Zhi, Lu Zengqi, Ning Xianhua, Tao 
Haidong, Wu Yilong, Xu Wei, Yan Zhengxue, Yang Tongyan, Yang Zili, Yuan 
Qiuyan, Zeng Hongling, Zhang Jianhong (aka ``Li Hong''), Zhang Honghai, 
Zhang Lin, and Zheng Yichun.
    Regulations prohibit a broad range of activities that authorities 
interpret as subversive or slanderous to the state. Internet Service 
Providers were instructed to use only domestic media news postings, to 
record information useful for tracking users and their viewing habits, 
to install software capable of copying e-mails, and to end immediately 
transmission of so-called subversive material.

    Academic Freedom and Cultural Events.--The Government did not 
respect academic freedom and increased restrictions on political and 
social discourse at colleges, universities, and research institutes 
during the period leading up to and during the Olympics. Scholars and 
researchers reported varying degrees of control regarding issues they 
could examine and conclusions they could draw. There were reports that 
academics who advocated political reform were discouraged from 
attending academic conferences in the run--up to the Olympics. Others 
were urged by their schools to keep a low profile and not publish 
during the Olympics. Instructors were not allowed to raise certain 
topics in class, such as the 1989 suppression of the Tiananmen 
protesters. In July the General Administration of Press and Publication 
banned the book The Real DPRK by writer Yu Yonglie, reportedly in 
response to complaints from the Government of North Korea.
    Authorities canceled university conferences involving foreign and 
domestic academics on short notice when they deemed the topics too 
sensitive. Information outreach, educational exchanges, and other 
cultural and public diplomacy programs organized by foreign governments 
occasionally were subject to government interference. Foreign experts 
invited to participate in foreign government-sponsored programs on 
certain topics were denied visas. During the year the Government 
imposed new restrictions on cultural expression and banned artists it 
deemed controversial. In November authorities banned the album 
``Chinese Democracy'' by the band Guns N'Roses, both because of the 
album title and song lyrics. In March, according to media reports, the 
State Administration of Radio, Film, and Television (SARFT) issued 
orders to television stations and print media to pull all advertising 
featuring the actress Tang Wei, allegedly because of Tang's work in the 
film Lust, Caution, which some officials deemed unpatriotic. In 
February the General Administration of Press and Publications announced 
a ban on the sale of horror movie videos. In January SARFT banned the 
film Lost in Beijing and also barred the film's producer from working 
in the film industry for two years. Prior to the Olympics, customs 
officials seized a painting by New York-based artist Zhang Hongtu 
because officials disliked the painting's portrayal of the Olympic 
``Bird's Nest'' stadium.
    The Government continued to use political attitudes and 
affiliations as criteria for selecting persons for the few government-
sponsored study abroad programs but did not impose such restrictions on 
privately sponsored students. The Government and the party controlled 
the appointment of high-level officials at universities. While party 
membership was not always a requirement to obtain a tenured faculty 
position, scholars without party affiliation often had fewer chances 
for promotion.
    Researchers residing abroad also were subject to sanctions, 
including denial of visas, from the authorities when their work did not 
meet with official approval. For example, during the year some scholars 
who contributed to the 2004 book Xinjiang: China's Muslim Borderland 
reported subsequent difficulty obtaining visas.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of peaceful assembly; however, 
the Government severely restricted this right in practice. The law 
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 suppressed demonstrations involving 
expression of dissenting political views.
    All concerts, sports events, exercise classes, or other meetings of 
more than 200 persons require approval from public security 
authorities. Although peaceful protests are legal, in practice police 
rarely granted approval. Despite restrictions, during the year there 
were many demonstrations, but those with political or social themes 
were broken up quickly, sometimes with excessive force. Social 
inequalities and uneven economic development, combined with 
dissatisfaction over widespread official corruption, increased social 
unrest. As in past years, the vast majority of demonstrations concerned 
land disputes, housing issues, industrial, environmental, and labor 
matters, government corruption, taxation, and other economic and social 
concerns. Others were provoked by accidents or related to personal 
petition, administrative litigation, and other legal processes.
    On June 28, an estimated 30,000 persons rioted and set fire to 
government buildings and vehicles in Weng'an, Guizhou Province, after a 
female middle school student died under mysterious circumstances. On 
July 19, 400 rubber farmers clashed with police in Menglian County, 
Yunnan Province. Police fired plastic bullets at the rioters and state 
media reported two deaths and 54 persons injured, including 41 police 
officers.
    Beijing Olympic organizers designated three parks as special 
protest zones during the August 8-24 Olympic Games. However, the 
Beijing PSB did not approve a single application to stage a 
demonstration, although reportedly 77 persons applied. At least six of 
those who applied to use the protest zones later were detained and 
several were returned forcibly to their home provinces. Two elderly 
women who applied were administratively sentenced to one year of RTL, 
although authorities later reportedly rescinded these sentences.
    Police detained foreign citizens attempting to demonstrate near the 
Olympic Village or on Tiananmen Square. Most foreign demonstrators were 
expelled from the country within 24 hours.
    During the Olympics Beijing-based dissidents were forced to leave 
the city, placed under house arrest, or subjected to 24-hour police 
surveillance. Many reported that in the weeks leading up to the opening 
ceremony, they were visited by state security officials who warned them 
to keep a low profile. Some dissidents were also warned against 
granting media interviews.
    Persons petitioning the Government continued to face restrictions 
on their rights to assemble and raise grievances. Most petitions 
mentioned grievances about land, housing, entitlements, the 
environment, or corruption. Most petitioners sought to present their 
complaints at national and provincial ``letters and visits'' offices.
    Efforts to rid Beijing of petitioners resulted in heightened 
harassment, detention, incarceration, and restrictions on rights to 
assemble and raise grievances. During the year police in Beijing 
stepped up a campaign to rid the capital of petitioners before the 
Olympics. As the Olympics approached, Beijing hotels reportedly were 
pressured by police not to rent rooms to petitioners. Police from 
provinces across the country dispatched officers to the capital to 
apprehend petitioners from their jurisdictions. During the Olympics 
police cars from numerous provinces were seen near the offices of the 
State Bureau of Letters and Calls, the primary government agency 
responsible for receiving petitions. Police were also stationed outside 
the Beijing municipal letters and calls office. In December the Beijing 
News newspaper reported that authorities in Xintai, Shandong Province, 
had been abducting petitioners and confining them to mental hospitals 
and that some petitioners were reportedly force fed drugs. Officials 
from Nanyang City, Henan Province, reportedly operated a ``black'' or 
illegal jail in Beijing to detain Nanyang petitioners arriving in the 
capital to press grievances for property claims, police brutality, and 
official corruption. An official at the ``black jail'' reportedly 
stated that the detention site operated with central government 
permission.
    Although regulations banned retaliation against petitioners, 
reports of retaliation continued. This was partly due to incentives 
provided to local officials by the central government to prevent 
petitioners in their regions from raising complaints to higher levels. 
Incentives included provincial cadre evaluations based in part on the 
number of petitions from their provinces. This initiative aimed to 
encourage local and provincial officials to resolve legitimate 
complaints but also resulted in local officials sending security 
personnel to Beijing and forcibly returning the petitioners to their 
home provinces. Such detentions occurred before and after the enactment 
of the new regulations and often went unrecorded.

    Freedom of Association.--The law provides for freedom of 
association, but the Government restricted this right in practice. CCP 
policy and government regulations require that all professional, 
social, and economic organizations officially register with, and be 
approved by, the Government. In practice these regulations prevented 
the formation of truly autonomous political, human rights, religious, 
spiritual, labor, and other organizations that might challenge 
government authority.
    The Government maintained tight controls over civil society 
organizations and in recent years heightened legal restraints and 
surveillance aimed at controlling them, particularly in the run--up to 
the Olympics. A government task force aimed at blocking NGOs involved 
in social, political and charitable activities, and groups dedicated to 
combating discrimination against women, persons with disabilities, and 
minorities from fomenting political change.
    To register, an NGO must find a government agency to serve as its 
organizational sponsor, have a registered office, and hold a minimum 
amount of funds. Some organizations with social or educational purposes 
that previously had been registered as private or for-profit businesses 
reportedly were requested to find a government sponsor and reregister 
as NGOs during the year. Although registered organizations all came 
under some degree of government control, some NGOs were still able to 
operate with some degree of independence.
    The number of NGOs continued to grow, despite tight restrictions 
and regulations. According to official statistics, by the end of 2007 
there were 387,000 registered NGOs, a 9.3 percent increase from 2006. 
NGOs existed under a variety of formal and informal guises, including 
national mass organizations created and funded by the CCP. The lack of 
legal registration created numerous logistical challenges for NGOs, 
including difficulty opening bank accounts, hiring workers, and renting 
office space. To register, private NGOs often had to partner with 
government agencies, while other NGOs chose to register as commercial 
consulting companies, which allowed them to obtain legal recognition at 
the cost of forgoing tax-free status. Security authorities routinely 
warned domestic NGOs, regardless of their registration status, not to 
accept donations from the National Endowment for Democracy and 
international organizations deemed sensitive by the Government. 
Authorities supported the growth of some NGOs that focused on social 
problems, such as poverty alleviation and disaster relief, but 
authorities remained concerned that these organizations might emerge as 
a source of political opposition among disgruntled citizens. Several 
NGOs working in Tibetan areas were forced to delay some activities 
following the outbreak of riots in Lhasa and other Tibetan communities 
in March.
    No laws or regulations specifically govern the formation of 
political parties. But the CDP remained banned, and the Government 
continued to monitor, detain, and imprison current and former CDP 
members.

    c. Freedom of Religion.--The constitution and laws provide for 
freedom of religious belief and the freedom not to believe, although 
the constitution only protects religious activities defined as 
``normal.'' The Government sought to restrict legal religious practice 
to government-sanctioned organizations and registered places of worship 
and to control the growth and scope of the activity of both registered 
and unregistered religious groups, including house churches. To be 
considered legal, religious groups must register with a government-
affiliated patriotic religious association (PRA) associated with one of 
the five recognized religions: Buddhism, Taoism, Islam, Protestantism, 
and Catholicism. The PRAs supervised the activities of each of these 
religious groups and liaised with government religious affairs 
authorities charged with monitoring religious activity. The Government 
tried to control and regulate religious groups, particularly 
unregistered groups, and repression and harassment of unregistered 
religious groups intensified in the run--up to the Olympics. 
Nonetheless, freedom to participate in religious activities continued 
to increase in many areas. Religious activity grew not only among the 
five main religions, but also among the Eastern Orthodox Church and 
folk religions.
    The Government's repression of religious freedom intensified in 
Tibetan areas and in the XUAR. Authorities reportedly requested that 
some house church groups in Beijing, including those with large 
congregations, those that were high-profile, or those located near 
Olympic venues, suspend meetings during the Olympic Games and 
Paralympic Games, although few groups reported that this request was 
enforced. Authorities reportedly asked some Beijing area house church 
leaders to sign a written agreement not to meet, although there were no 
confirmed instances in which any church leaders were required to sign 
the document. Beijing authorities reportedly closed or requested a very 
small number of unregistered groups to stop meeting during the Olympic 
Games and Paralympic Games, although at least one large group ignored 
the request with impunity. Officials detained and interrogated several 
foreigners about their religious activities and in several cases 
alleged that the foreigners had engaged in ``illegal religious 
activities'' and cancelled their visas. Officials in the XUAR, the TAR, 
and other Tibetan areas tightly controlled religious activity. 
Followers of Tibetan Buddhism, including those in the Inner Mongolian 
Autonomous Region and most Tibetan autonomous areas, faced more 
restrictions on their religious practice and ability to organize than 
Buddhists in other parts of the country. The ``patriotic education'' 
campaigns in the TAR and other Tibetan regions, which often required 
monks and nuns to sign statements denouncing the Dalai Lama, and other 
new restrictions on religious freedom were major factors that led monks 
and nuns to mount peaceful protests at a number of monasteries on March 
10. The protests and subsequent security response gave way to violence 
in Lhasa and other Tibetan communities by March 14 and 15. 
``Underground'' Roman Catholic clergy faced repression. The Government 
continued to repress groups that it designated as ``cults,'' which 
included several Christian groups and Falun Gong.
    Government officials stated that the five PRAs were the only groups 
registered as religious organizations under the Regulations on Social 
Organizations, which are administered by the Ministry of Civil Affairs 
and cross-referenced under the regulations on religious affairs (RRA). 
The RRA states that all religious venues are required to register with 
the State Administration for Religious Affairs (SARA) or its provincial 
or local offices, which are known as Religious Affairs Bureaus (RABs). 
SARA and the RABs were responsible for monitoring and judging whether 
religious activity was ``normal'' and therefore lawful. SARA and the 
CCP's United Front Work Department provided policy guidance and 
supervision over implementation of government regulations on religious 
activity.
    The RRA and supplementary regulations issued between 2005 and 2007 
provide some legal advantages and protections for activities in 
registered religious venues. Inability to register under the RRA 
deprived groups of the ability to hold funds in their own names and 
enter lease contracts. Vague language and inconsistent implementation 
limited the effectiveness of these regulations even for registered 
groups, and the legal protections remain limited in scope, conditioned 
on government approval, and applicable only to state-sanctioned 
religions.
    The law requires religious groups to register religious venues, 
although many thousands of religious groups did not register. Spiritual 
activities in religious venues that have not registered may be 
considered illegal and participants can be punished. Government 
officials stated that private homes where family and friends gather to 
study the Bible would not be required to register. Clergy did not have 
to be approved by the Government but had to be reported to the 
Government after being selected pursuant to the rules of the relevant 
government-affiliated religious association. Reports of government 
pressure on religious groups to register or to come under the 
supervision of official religious organizations continued during the 
year. Various unofficial groups reported that authorities refused them 
registration without explanation or that they were denied registration 
because of their failure to affiliate with a PRA or to employ PRA-
approved clergy. The Government acknowledged that only those groups 
associated with a PRA would be allowed to register a religious venue. 
Some religious groups were reluctant to comply with the regulations out 
of principled opposition to state control of religion. In the past some 
groups expressed a fear of adverse consequences if they revealed, as 
required, the names and addresses of church leaders and members. 
Members of some house church groups reported that they did not want to 
become a registered meeting point or venue of a state-approved church, 
because they would not be able to administer communion or baptism and 
would not be able to choose their own clergy.
    Local authorities' handling of unregistered Protestant groups 
varied in different regions of the country. In some regions 
unregistered groups or house churches with hundreds of members met 
openly, with the full knowledge of local authorities, who characterized 
the meetings as informal gatherings. In other areas meetings of more 
than a handful of family members and friends were strictly proscribed. 
Leaders of unauthorized groups were sometimes the target of abuse. 
Authorities disrupted church meetings and retreats; detained, beat, and 
harassed leaders and church members; and confiscated the personal 
property of church leaders and members. Unregistered groups were more 
likely to encounter difficulties when their membership was large or 
when they forged links with other unregistered groups or foreign 
organizations. Unregistered groups also faced increased scrutiny from 
authorities when they engaged in discussions of legal or political 
activism.
    In June several prominent Christians were harassed, placed under 
surveillance, restricted to their homes, or forced to leave Beijing 
during the visit of a delegation of foreign officials. These 
individuals included religious freedom attorneys Li Baiguang and Li 
Heping, Christian writer Yu Jie, and pastor Zhang Mingxuan and his 
wife. Zhang Mingxuan was detained on and off for the last six months of 
the year, including during the Olympics and during a celebration to 
commemorate the third anniversary of the China House Church Alliance 
(CHCA). Security officials in Beijing also severely beat his sons, 
Zhang Jian and Zhang Chuang, and detained Zhang's wife and sister-in-
law. Authorities also pressed Zhang to sign a document agreeing to 
abolish the CHCA, and when Zhang refused and attempted to file an 
administrative statement of complaint, the court refused to accept his 
case.
    During the year there were numerous reports of detention and 
harassment of unregistered Protestant groups. On November 5, pastor Lou 
Yuanqi was tried for using superstition in violation of the criminal 
law. He was accused of organizing people in his residence to preach 
religion, contacting overseas individuals and organizations, and 
providing them with false information to influence international 
opinion.
    On June 24, the Government extended the detention of Beijing 
bookstore owner Shi Weihan, who was taken into police custody on March 
19, for two months. Shi was initially detained in November 2007 for the 
illegal publication of Bibles and Christian literature, but authorities 
released him in January due to ``insufficient evidence.'' PSB officials 
reportedly denied him contact with his family since March, and Shi was 
not granted access to his lawyer until April.
    On May 27, the Kashgar District Intermediate People's Court, XUAR, 
tried Alimujiang Yimiti, a Uighur Christian employed by a foreign-owned 
company, on the charge of ``endangering national security.'' The court 
sent Yimiti's case back to prosecutors due to ``insufficient 
evidence,'' yet reportedly had not released him at year's end. Yimiti 
had been arrested in January on charges of engaging in illegal 
religious activities ``in the name of business'' and preaching 
Christianity to ethnic Uighurs. On May 11, authorities disrupted a 
worship service at the unregistered Shouwang Church in Beijing and 
ordered church members to stop meeting prior to the Olympics. However, 
Shouwang Church continued to meet before and during the Olympics and 
the Government did not interfere again. Officials had previously 
rejected multiple attempts by the church to register.
    The Government permitted registered and unregistered religious 
groups to play a larger role in providing social services. Some groups 
were permitted to provide assistance in response to natural disasters, 
including the May earthquake in Sichuan Province.
    Harassment of unregistered Catholic bishops, priests, and 
laypersons continued, including government surveillance and detentions. 
On August 24, officials reportedly detained 74-year-old Jia Zhiguo, an 
underground bishop of the diocese of Zhengding, Hebei Province. There 
was no new information about unregistered Bishop Su Zhimin, who 
remained unaccounted for since his reported detention in 1997.
    The Catholic Patriotic Association did not recognize the authority 
of the Holy See to appoint bishops. However, it allowed the Vatican's 
discreet input in selecting some bishops.
    The distinction between the official Catholic Church, which the 
Government controlled politically, and the unregistered Catholic Church 
has blurred over time. In some official Catholic churches, clerics led 
prayers for the pope, and pictures of the pope were displayed. An 
estimated 90 percent of official Catholic bishops have reconciled with 
the Vatican. Likewise, the large majority of Catholic bishops appointed 
by the Government have received official approval from the Vatican 
through ``apostolic mandates.''
    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, the Government labeled folk 
religions ``feudal superstition'' and sometimes repressed them. An 
administrative division at SARA was responsible for the activities of 
folk religions and religions outside the main five, including the 
Eastern Orthodox Church and the Church of Jesus Christ of Latter-day 
Saints.
    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. However, in Tibetan areas, 
the level of repression of Tibetan Buddhists increased significantly 
during the year, especially following the outbreak of protests across 
the Tibetan Plateau in the spring.
    Press and NGO reports suggested that continued tight government 
controls on religious practices and places of worship in Tibetan areas 
was a major factor contributing to the widespread protests that began 
in March. Although 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, including worshipping the Dalai Lama.
    Following violent protests in Lhasa on March 14 and 15, authorities 
locked down many monasteries across Tibetan areas and detained and 
physically abused an unknown number of monks and nuns, or expelled them 
from their monastery. The Government expanded and intensified patriotic 
education campaigns in monasteries and nunneries, prompting additional 
rounds of protests through June. At year's end some of the monasteries 
in Tibetan areas remained closed. Following the outbreak of 
demonstrations in Tibetan areas in March, government officials and 
representatives of the Dalai Lama held three rounds of discussions in 
May, July, and November, with no progress.
    The Government tightly controlled the practice of Islam, and 
official repression of Uighur Muslims in the XUAR increased. 
Regulations restricting Muslims' religious activity, teaching, and 
places of worship continued to be implemented forcefully in the XUAR. 
Measures to tighten control over religion in XUAR included increasing 
surveillance of mosques, religious leaders, and practitioners; 
detaining and arresting persons engaged in unauthorized religious 
activities; curbing illegal scripture readings; and increasing 
accountability among implementing officials. On August 5, authorities 
in Kashgar reportedly issued accountability measures to local officials 
responsible for high-level surveillance of religious activity in the 
region. Also in August in Kashgar, authorities called for enhancing 
controls of groups that included religious figures as part of broader 
CCP measures of ``prevention'' and ``attack.'' Authorities in Hotan 
reportedly restricted women from wearing head coverings (Hijab) in 
government offices. Coupled with news of a proposed government ban on 
headscarves, this led to large protests in March. In addition some men 
were required to shave their beards.
    The Government reportedly continued to limit access to mosques, 
detain citizens for possession of unauthorized religious texts, 
imprison citizens for religious activities determined to be 
``extremist,'' pressure Muslims who were fasting to eat during Ramadan, 
and confiscate Muslims' passports to strengthen control over Muslim 
pilgrimages. Following violent clashes in western Xinjiang during the 
Olympic Games, XUAR authorities imposed widespread detentions, 
restricted movement within the XUAR, and established curfews in some 
cities. XUAR party secretary Wang Lequan declared in September that the 
XUAR government would carry out ``preemptive attacks,'' implement 
``antiseparatist reeducation'' across the region, and increase policing 
of religious groups.
    XUAR authorities maintained the most severe legal restrictions in 
the country on children's right to practice religion. Authorities 
continued to prohibit the teaching of Islam outside the home to 
elementary-and middle-school-age children in some areas, and children 
under the age of 18 were prohibited from entering mosques. In August 
authorities reportedly forced the return of Uighur children studying 
religion in another province and detained them in the XUAR for engaging 
in ``illegal religious activities.''
    According to procuratorial officials, XUAR authorities arrested 
nearly 1,300 persons on state security charges during the first 11 
months of the year. Authorities approved the prosecution of 1,154 of 
these individuals for committing one or more of the ``three evils'' of 
terrorism, separatism, and extremism. This was a dramatic increase from 
2007, when the number of individuals arrested for state security crimes 
nationwide was 744.
    Authorities reserved the right to censor imams' sermons, and imams 
were urged to emphasize the damage caused to Islam by terrorist acts in 
the name of the religion. Certain Muslim leaders received particularly 
harsh treatment. Authorities in some areas conducted monthly political 
study sessions for religious personnel, which, according to one CCP 
official who took part in a study session, called for ``creatively 
interpreting and improving'' religious doctrine. Authorities also 
reportedly tried to restrict Muslims' opportunities to study religion 
overseas. The China Islamic Conference required religious personnel to 
study ``new collected sermons'' compiled by an Islamic Association of 
China (IAC) committee, including messages on patriotism and unity aimed 
at building a ``socialist harmonious society.'' In contrast to the 
heavy-handed approach to Muslims in the XUAR, officials in Ningxia, 
Gansu, Qinghai, and Yunnan Provinces did not interfere heavily in 
Muslims' activities.
    In addition to the restrictions on practicing religion placed on 
party members and government officials throughout the country, 
teachers, professors, and university students in the XUAR were 
sometimes not allowed to practice religion openly. Authorities imposed 
restrictions on state employees' observance of Ramadan and prohibitions 
on closing restaurants during periods of fasting. A local party 
secretary, Zhang Zhengrong, reportedly called on schools to strengthen 
propaganda education during Ramadan and to put a stop to activities 
including fasting and professing a religion. The Kashgar Teachers 
College reportedly implemented a series of measures to prevent students 
from observing Ramadan, including imposing communal meals and requiring 
students to obtain permission to leave campus. School authorities also 
made students gather for a school assembly at a time of day coinciding 
with Friday prayers.
    The Government took steps to prevent Muslims from traveling on 
unauthorized pilgrimages. The Government continued to enforce a policy 
barring Muslims from obtaining hajj visas outside of China. The 
Government published banners and slogans discouraging hajj pilgrimages 
outside those organized by the IAC. Foreign media reported that XUAR 
officials confiscated the passports of Uighur Muslims in some areas to 
prevent unauthorized hajj pilgrimages. Government officials in some 
areas also arbitrarily detained Muslims to prevent them from going on 
the hajj, required them to show that their hajj travel funds were not 
borrowed from other sources, required them to pay a large deposit to 
retrieve their passports for overseas travel, and required them to pass 
a health test.
    Official reports noted that 11,900 Muslims traveled to Mecca during 
the year for the hajj pilgrimage. This figure did not include 
participants who were not organized by the Government, for whom there 
were no official estimates but who numbered in the thousands in 
previous years.
    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.
    Despite regulations encouraging officials to be atheists, some 
party officials engaged in religious activity, most commonly Buddhism 
or a folk religion but also Christianity. The NPC included several 
religious representatives. Religious groups also were represented in 
the CPPCC, an advisory forum for ``multiparty'' cooperation and 
consultation led by the CCP, and in local and provincial governments. 
CPPCC Standing Committee vice chairmen included Pagbalha Geleg Namgyal, 
a Tibetan reincarnate lama, and Cao Shengjie, president of the China 
Christian Council.
    The authorities continued a general crackdown on groups considered 
to be ``cults.'' 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.
    Actions against members of such groups continued during the year. 
Police also continued efforts to close down the underground evangelical 
group Shouters, an offshoot of a pre--1949 indigenous Protestant group. 
Government action against the South China Church continued.
    Public Falun Gong activity in the country remained negligible, and 
practitioners based abroad reported that the Government's crackdown 
against the group continued. In the past the mere belief in the 
discipline (even without any public practice of its tenets) sometimes 
was sufficient grounds for practitioners to receive punishments ranging 
from loss of employment to imprisonment. Falun Gong sources estimated 
that since 1999 at least 6,000 Falun Gong practitioners have been 
sentenced to prison, more than 100,000 practitioners have been 
sentenced to RTL, and almost 3,000 have died from torture while in 
custody. Some foreign observers estimated that Falun Gong adherents 
constituted at least half of the 250,000 officially recorded inmates in 
RTL camps, while Falun Gong sources overseas placed the number even 
higher.
    Over the past several years, Falun Gong members identified by the 
Government as ``core leaders'' were singled out for particularly harsh 
treatment. More than a dozen Falun Gong members were sentenced to 
prison for the crime of ``endangering state security,'' but the great 
majority of Falun Gong members convicted by the courts since 1999 were 
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. Some 
practitioners were sentenced to RTL. Some Falun Gong members were sent 
to ``legal education'' centers specifically established to 
``rehabilitate'' practitioners who refused to recant publicly their 
belief voluntarily after their release from RTL camps. Government 
officials denied the existence of such ``legal education'' centers. In 
addition hundreds of Falun Gong practitioners were confined to mental 
hospitals, according to overseas groups.
    Police continued to detain current and former Falun Gong 
practitioners and used possession of Falun Gong material as a pretext 
for arresting political activists. The Government continued its 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 
RTL camps. These tactics reportedly resulted in large numbers of 
practitioners signing pledges to renounce the movement.
    The Government supported atheism in schools. Authorities in many 
regions barred school-age children from attending religious services at 
mosques, temples, or churches and prevented them from receiving 
religious education outside the home.
    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 had to 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 an 
increasing number of Catholic and Protestant seminarians, Muslim 
clerics, and Buddhist clergy to go abroad for additional religious 
studies, but some religion students had difficulty getting passports or 
obtaining approval to study abroad. In most cases foreign organizations 
provided funding for such training programs.
    Although Bibles and other religious texts were available in most 
parts of the country, the Government tightly regulated the publication 
of religious texts and prohibited individuals from printing religious 
material.
    In 2007, XUAR authorities also confiscated 25,000 illegal religious 
publications. The Xinjiang People's Publication House was the only 
publisher officially permitted to print Muslim literature.
    The supply of Bibles was adequate in most parts of the country, but 
some members of underground churches complained that the supply and 
distribution of Bibles, especially in rural locations, was inadequate. 
Individuals could not order Bibles directly from publishing houses. 
Customs officials continued to monitor for the ``smuggling'' of 
religious materials into the country. Authorities in a few areas 
reportedly sometimes confiscated Bibles, Korans, and other religious 
material. In August Kunming officials confiscated 315 Bibles that four 
foreign citizens imported into the country. The Bibles were returned 
when the visitors departed China.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses of religious practitioners or anti--Semitic acts during 
the year. The Government does not recognize Judaism as an ethnicity or 
religion.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration and 
repatriation; however, the Government generally did not respect their 
rights in practice. Authorities heightened restrictions periodically, 
particularly curtailing the movement of individuals deemed politically 
sensitive before key anniversaries and visits of foreign dignitaries, 
and to forestall demonstrations. Freedom of movement was extremely 
limited in the TAR and other Tibetan areas following the protests and 
unrest in March. Police checkpoints were established in most counties 
and on roads leading into many towns, as well as within major cities 
such as Lhasa. The Government continued to consider all North Koreans 
``economic migrants'' rather than refugees, and the UN High 
Commissioner for Refugees (UNHCR) continued to have limited access to 
North Korean refugees inside China. The lack of access to UNHCR-
supported durable solutions and options, as well as constant fear of 
forced repatriation by authorities, left North Korean refugees 
vulnerable to human traffickers. Even refugees under UNCHR care were 
subjected to harassment and restrictions by authorities.
    Although the Government maintained restrictions on the freedom to 
change one's workplace or residence, the national household 
registration system (hukou) continued to change, and the ability of 
most citizens to move within the country to work and live continued to 
expand. Rural residents continued to migrate to the cities, where the 
per capita disposable income was more than four times the rural per 
capita income, but many could not officially change their residence or 
workplace within the country. Most cities had annual quotas for the 
number of new temporary residence permits that could be issued, and all 
workers, including university graduates, had to compete for a limited 
number of such permits. It was particularly difficult for peasants from 
rural areas to obtain household registration in more economically 
developed urban areas.
    The household registration system added to the difficulties rural 
residents faced even after they relocated to urban areas and found 
employment. The Ministry of Human Resources and Social Security 
(MOHRSS) reported that there were approximately 230 million migrant 
workers from rural areas engaged in wage employment in urban areas. 
These economic migrants lacked official residence status in cities, and 
it was difficult for them to gain full access to social services, 
including education, despite laws, regulations, and programs meant to 
address their needs. Furthermore, law and society generally limited 
migrant workers to types of work considered least desirable by local 
residents, and such workers had little recourse when subject to abuse 
by employers and officials. Some major cities maintained programs to 
provide migrant workers and their children access to public education 
and other social services free of charge, but migrants in some 
locations reported that it was difficult to qualify for these benefits 
in practice.
    Under the ``staying at prison employment'' system applicable to 
recidivists incarcerated in RTL camps, authorities 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.
    The Government permitted legal emigration and foreign travel for 
most citizens. There were reports that some academics faced travel 
restrictions around the year's sensitive anniversaries, particularly 
the anniversary of the Tiananmen Square massacre and the Olympics. Most 
citizens could obtain passports, although those whom the Government 
deemed threats, including religious leaders, political dissidents, and 
ethnic minorities were refused passports or otherwise prevented from 
traveling overseas. In March prominent human rights lawyer Teng Biao 
told reporters that authorities seized his passport. On May 14, the 
Chaoyang People's Court in Beijing upheld an administrative decision 
that barred Yuan Weijing, the wife of lawyer Chen Guangcheng, from 
leaving the country in August 2007 to receive an award on her 
imprisoned husband's behalf. In July Tsering Woeser, a well-known 
Tibetan writer, filed a lawsuit against the Government for denying her 
a passport for more than three years.
    The law neither provides for a citizen's right to repatriate nor 
otherwise addresses exile. The Government continued to refuse reentry 
to numerous citizens who were considered dissidents, Falun Gong 
activists, or troublemakers. Although some dissidents living abroad 
were allowed to return, dissidents released on medical parole and 
allowed to leave the country often were effectively exiled. Activists 
residing abroad were imprisoned upon their return to the country.
    Some 2,445 Tibetans reportedly fled Tibetan areas for India in 
2006, most of them teenagers and novice monks and nuns seeking 
religious education. Police vowed to ``strike hard'' against such 
border crossings as part of a campaign against ``separatists.'' The 
Government continued to try to prevent many Tibetans from leaving and 
detained many who were apprehended in flight (see Tibet Addendum). By 
year's end Tibetan arrivals in the UNHCR reception center in Kathmandu 
were down to 550, a 75 percent decrease from 2,164 in 2007. The biggest 
disparities in arrivals occurred during the heavily trafficked fall and 
winter months when border security historically has been weak. 
Decreased flows were attributed to tightened security across Tibet, 
along the border and inland, in the wake of the Lhasa crackdown in 
March.

    Protection of Refugees.--Although the country is a signatory of the 
1951 UN Convention relating to the Status of Refugees and its 1967 
protocol, the law does not provide for the granting of refugee or 
asylum 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. However, the Government 
continued to deny the UNHCR permission to operate along its 
northeastern border with North Korea.
    In practice the Government did not provide protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. During the year, reportedly in preparation 
for the Olympics, authorities stepped up efforts to locate, detain, and 
forcibly return North Koreans to North Korea, where many faced 
persecution and some may have been executed. Police in Yanbian 
reportedly offered an award of RMB 2,000 ($292) to RMB 2,700 ($395) for 
turning over North Koreans. Some North Koreans were permitted to travel 
to third countries after they entered diplomatic compounds in the 
country. The intensified crackdown against North Korean refugees 
reportedly extended to harassment of religious communities along the 
border. The undocumented children of some North Korean asylum seekers 
and of mixed couples (i.e., one Chinese parent and one North Korean 
parent) reportedly did not have access to health care and other social 
services. The Government also arrested and detained individuals who 
provided food, shelter, transportation, and other assistance to North 
Koreans. According to reports, some activists or brokers detained for 
assisting North Koreans were charged with human smuggling, and in some 
cases the North Koreans were forcibly returned to North Korea. There 
were also reports that North Korean agents operated clandestinely 
within the country to forcibly repatriate North Korean citizens.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law does not provide citizens with the right to change their 
government peacefully, and citizens cannot freely choose or change the 
laws and officials that govern them. The CCP continued to control 
appointments to positions of political power.

    Elections and Political Participation.--According to the law, the 
NPC is the highest organ of state power. Formally the NPC, composed of 
2,987 deputies, elects president and vice president, the premier and 
vice premiers, and the chairman of the State Central Military 
Commission. In practice the NPC Standing Committee, which is composed 
of 175 members, oversaw these elections and determined the agenda and 
procedure for the NPC. The NPC Standing Committee remained under the 
direct authority of the CCP's nine-member Politburo Standing Committee. 
Despite its broad authority under the state constitution, the NPC does 
not have power to set policy independently or remove political leaders 
without the party's approval. At the March NPC plenary session, Hu 
Jintao was reelected to a five-year term as president; Xi Jinping was 
elected vice president.
    All of the country's approximately one million villages were 
expected to hold competitive, direct elections for members of local 
village committees, which were subgovernment organizations. The direct 
election of officials by ordinary citizens remained narrow in scope and 
strictly confined to the local level. The Government estimated that 
one-third of all elections had serious procedural flaws. Corruption, 
vote buying, and interference by township-level and party officials 
continued to be problems. The law permits each voter to cast proxy 
votes for up to three other voters.
    Although the law includes a provision for recalling village 
committee members, local implementing regulations proved sufficiently 
vague or cumbersome so as to prevent most attempted recalls. In cases 
of alleged corruption, a handful of local legislative deputies, but not 
village heads, were recalled.
    The election law governs 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 by the party. Legislators selected people's congress 
delegates above the county level. For example, provincial-level 
people's congresses selected delegates to the NPC. Local CCP 
secretaries generally served concurrently as the head of the local 
people's congress, thus strengthening party control over legislatures.
    In 2006 and 2007 independent candidates not selected by local 
authorities ran or attempted to run in CPC elections held across the 
country. While a small number of independents were elected in some 
areas, local officials reportedly exerted manipulation and pressure to 
prevent others from winning. Local police detained and monitored 
independent candidates, seized campaign materials, and intimidated 
supporters, family members, and friends. Some activists also alleged 
that vote counts were rigged to ensure defeat.
    Although the CCP controlled 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. State-run media reported in April that 16 candidates 
used a live television debate format while running for four Nanjing 
municipal government positions. Each of the candidates, including a 
nonparty member, gave a speech and answered questions. A studio 
audience of more than 240 commented and voted on candidates. Candidates 
with the most votes were recommended to the Nanjing Municipal Party 
Committee for final selection.
    Official statements asserted that ``the political party system 
China has adopted is multiparty cooperation and political consultation 
under'' the CCP leadership. However, the CCP retained a monopoly on 
political power and forbade the creation of new political parties. The 
Government recognized nine parties founded prior to 1949, but not the 
CDP, an opposition party founded in 1998 and subsequently declared 
illegal. Dozens of CDP leaders, activists, and members have been 
arrested, detained, or confined. One of the CDP's founders, Qin 
Yongmin, who was imprisoned in 1998, remained in prison at year's end, 
as did others connected with a 2002 open letter calling for political 
reform and reappraisal of the 1989 Tiananmen massacre. More than 30 
current or former CDP members reportedly remained imprisoned or held in 
RTL camps, including Chen Shuqing, Zhang Lin, Sang Jiancheng, He Depu, 
Yang Tianshui, Wang Rongqing, and Jiang Lijun.
    The Government placed no special restrictions on the participation 
of women or minority groups in the political process. However, women 
held few positions of significant influence in the CCP or government 
structure. There was one female member of the CCP's 25-member 
Politburo, who also concurrently served as one of five state 
councilors. During the year women headed three of the country's 27 
ministries.
    The Government encouraged women to exercise their right to vote in 
village committee elections and to stand for those elections, although 
only a small fraction of elected members were women. In many locations, 
a seat on the village committee was reserved for a woman, who was 
usually given responsibility for family planning.
    Minorities, who made up approximately 8.4 percent of the 
population, constituted 13.9 percent of the NPC. All of the country's 
55 officially recognized minority groups were represented in the NPC 
membership. The 17th Communist Party Congress elected 40 members of 
ethnic minority groups as members or alternates on the Central 
Committee. The only ministerial-level post held by an ethnic minority 
was the ethnic affairs post, and there was one ethnic minority, Vice 
Premier Hui Liangyu, on the Politburo. Minorities held few senior party 
or government positions of significant influence.

    Government Corruption and Transparency.--Corruption remained an 
endemic problem. The National Audit Office in 2007 found that 56 
ministerial level departments and their affiliates made unauthorized 
use of RMB 6.87 billion (approximately $1 billion) during the first 11 
months of the year. During the year a report delivered to the NPC by 
the National Audit Office stated that in 2007 the office audited 53 
departments at the central level and 368 affiliated organs, and that 
RMB 46.37 billion (approximately $6.78 billion) had been misused. 
Corruption plagued courts, law enforcement agencies, and other 
government agencies.
    During the year the courts and party agencies took disciplinary 
action against many public and party officials. In the first five 
months of the year, prosecutors filed and investigated 20,294 cases of 
embezzlement, bribery, or dereliction of duty, down 9.6 percent from 
the same period in 2007. From December 2002 to June 2007, the CCP's 
CDIC reported that 518,484 party members were punished for breaking 
party discipline. From November 2007 to November, 151,000 party 
officials and cadres were disciplined. Of the 4,960 persons who were at 
or above director level, 801 were transferred to judicial organs for 
investigation of possible violations of law.
    The Government experimented with various forms of public oversight 
of government, including telephone hot lines 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. Citizens continued to file administrative lawsuits to seek 
legal redress against government malfeasance. According to official 
statistics, 101,510 administrative lawsuits were filed against the 
Government in 2007, slightly more than in the previous year. 
Petitioning officials directly and outside the court system was also a 
common avenue used by citizens to redress grievances.
    The national regulations on the disclosure of government 
information went into effect on May 1. The regulations seek to ensure 
access to government information in accordance with the law, enhance 
government transparency, promote law-based government administration, 
and foster open access to government information for use in the service 
of the people's productivity and livelihood in social and economic 
activities. According to a state council official, the regulations 
attempt to protect ``the public's right to know, the right to 
participate, and the right to supervise,'' and seek to ``curb 
corruption at its source, largely reducing its occurrence.''
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government sought to maintain control over civil society 
groups, halt the emergence of independent NGOs, and prevent what it has 
called the ``westernization'' of the country. The Government did not 
permit independent domestic NGOs to monitor openly or to comment on 
human rights conditions; existing domestic NGOs were harassed. The 
Government tended to be suspicious of independent organizations and 
increased scrutiny of NGOs with links overseas. Most large NGOs were 
quasigovernmental, and all NGOs had to be sponsored by government 
agencies.
    An informal network of activists around the country continued to 
serve as a credible source of information about many human rights 
violations. The information was disseminated through organizations such 
as the Hong Kong-based Information Center for Human Rights and 
Democracy and the foreign-based Human Rights in China.
    The Government remained reluctant to accept criticism of its human 
rights record by other nations or international organizations. It 
criticized reports by international human rights monitoring groups, 
claiming that such reports were inaccurate and interfered with the 
country's internal affairs. Representatives of some international human 
rights organizations reported that authorities denied their visa 
requests or restricted the length of visas issued to them. The 
Government-established China Society for Human Rights is an NGO whose 
mandate is to defend the Government's human rights record. The 
Government maintained that each country's economic, social, cultural, 
and historical conditions influence its approach to human rights. Many 
domestic and international NGOs were required to suspend meetings and 
other activities around the Olympics. Some foreign NGO employees 
reported difficulty obtaining and renewing visas during the period 
leading up to the Olympics.
    The ICRC operated an office in Beijing, but the Government did not 
authorize the ICRC to visit prisons. The Government continued 
unofficial discussions on human rights and prisoner issues with a 
foreign-based human rights group, although the Government's cooperation 
with the group was not as extensive as in previous years.
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 discrimination 
based on ethnicity, gender, and disability persisted.

    Women.--Rape is illegal, and some persons convicted of rape were 
executed. The law does not recognize expressly or exclude spousal rape. 
According to official statistics, 31,833 cases of rape were reported to 
police in 2007, down from 32,352 cases in 2006. In June media reports 
indicated that riots erupted in the Southwest over what was seen as a 
cover--up by police of a schoolgirl's rape and murder. Police arrested 
up to 200 protesters who claimed that police were attempting to protect 
the suspect of the crime, reportedly the son of a local politician. The 
protests became violent when it became known that the 15-year-old 
girl's uncle died, allegedly due to police beatings after questioning 
the police's conclusion that his niece had committed suicide.
    Violence against women remained a significant problem. There was no 
national law criminalizing domestic violence, but the criminal law, 
marriage law, and other laws on public security provide for mediation 
and administrative penalties in cases of domestic violence. Critics 
asserted that these penalties are vague and lack specific measures for 
implementation.
    Although the NPC amended the Law on the Protection of Women's 
Rights specifically to prohibit domestic violence in 2005, critics 
complained that the provision failed to define domestic violence. 
According to media reports, approximately 30 percent of families 
suffered from domestic violence, while 90 percent of the victims were 
women and children. The All--China Women's Federation (ACWF) reported 
that it received some 300,000 letters per year complaining about 
general family problems, mostly involving domestic violence. In 2007 
ACWF reported that it received approximately 40,000 specific complaints 
about domestic violence, more than double the number received in 2000. 
The actual incidence was believed to be higher because spousal abuse 
largely went unreported. ACWF also reported that approximately one-
quarter of the 400,000 divorces registered each year were the result of 
family violence. According to experts, domestic abuse was more common 
in rural areas than in urban centers. An ACWF study found that only 7 
percent of rural women who suffered domestic violence sought help from 
police.
    In response to an increased awareness of domestic violence, there 
were a growing number of shelters for victims. During the year the ACWF 
reported 27,000 legal aid service centers, 12,000 special police booths 
for domestic violence complaints, 400 shelters for victims of domestic 
violence, and 350 examination centers for women claiming to be injured 
by domestic violence had been established nationwide. Most shelters 
were government run, although some included NGO participation.
    In August a District Court in Wuxi, Jiangsu Province, issued a 
precedent-setting court order on the protection of personal safety, 
prohibiting a husband from intimidating or beating his wife who had 
tried to divorce him and who, he claimed, had not provided him with a 
son. A second, similar order was issued in September at a District 
Court in Changsha, Hunan Province. The two protection orders were based 
on guidance issued by the SPC in May, intended for rulings on family 
cases involving domestic violence. Building on lessons learned at the 
provincial level and placing an emphasis on protection of victims, the 
recommendations addressed a range of issues affecting domestic violence 
cases, including typical behavior patterns of the offender and victim, 
protection of victims during trial, testimony of children, and special 
considerations for evidence collection, as well as effective mediation 
techniques to be used in such cases.
    Experts pointed out that in addition to the new guidance, 25 of 33 
provinces and administrative regions have adopted their own legislation 
to combat domestic violence. In July seven ministries, including the 
MPS, the Ministries of Civil Affairs and Health, as well as the ACWF 
issued new guidelines on the prevention and elimination of domestic 
violence, which lay out specific actions to be taken to raise awareness 
of the issue, properly handle domestic violence cases, protect victims, 
and provide legal assistance where needed.
    The law 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 resulted in 
instances of local birth-planning officials using physical coercion to 
meet government goals (See Section 1.f.). Such practices required the 
use of birth control methods (particularly intrauterine devices and 
female sterilization, which according to government statistics, 
accounted for more than 80 percent of birth control methods employed), 
and the abortion of certain pregnancies.
    Although prostitution is illegal, experts estimated that between 
1.7 million and 6 million women were involved in prostitution in the 
country. According to state-run media, one out of every five massage 
parlors in the country was involved in prostitution, with the 
percentage higher in cities. In December Xinhua reported that, 
according to Beijing's municipal health bureau, only 47 percent of 
Beijing's 90,000 sex workers used condoms. The report also mentioned 
that sexual transmission surpassed intravenous drug use as the primary 
method of infection, which accounted for 55 percent of all HIV 
transmissions in the capital.
    Although the Government made some efforts to crack down on the sex 
trade, media reports claimed that some local officials were complicit 
in prostitution, owned prostitution venues, or received proceeds from 
such businesses. Prostitution involved organized crime groups and 
businesspersons as well as the police and the military. According to 
official statistics, 94,687 cases involving prostitution were 
investigated by police in 2007. Courts prosecuted persons who organized 
or procured prostitutes, but actions to curtail prostitution had 
limited results.
    After the Law on the Protection of Women's Rights was amended in 
2005 to include a ban on sexual harassment, the number of sexual 
harassment complaints increased significantly. In June a court in 
Chengdu sentenced a manager from a high-tech firm to five months in 
prison for molesting a female employee, marking the first sexual 
harassment conviction in the country.
    The constitution states ``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. The ACWF was the leading implementer 
of women's policy for the Government, and the State Council's National 
Working Committee on Children and Women coordinated women's policy. 
Nonetheless, many activists and observers were concerned that the 
progress made by women over the past 50 years was eroding. 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.
    Women continued to report that discrimination, sexual harassment, 
unfair dismissal, demotion, and wage discrepancies were significant 
problems. In 2007 the ACWF reported that female migrant workers, 
comprising more than 30 percent of all migrant workers in the country, 
faced numerous challenges in the workplace. The survey found that 
female migrant workers lacked legal protection (more than 50 percent 
had no labor contract, compared with 40 percent of male migrants), had 
long working hours (more than 40 percent worked nine to 10 hours a day 
while 24.8 percent worked more than 11 hours a day), earned low wages, 
and did not have access to safe and sanitary work environments. The 
ACWF studies also showed that 21 percent of rural women working in 
cities were fired after becoming pregnant or giving birth and that some 
women delayed motherhood for fear of losing job and promotion 
opportunities.
    Authorities often did not enforce laws protecting the rights of 
women. According to legal experts, it was difficult to litigate a sex 
discrimination suit because the vague legal definition made it 
difficult to quantify damages, so very few cases were brought to court. 
Some observers 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. Women's rights advocates 
indicated that in rural areas women often forfeited land and property 
rights to their husbands in divorce proceedings. In principle rural 
contract law and laws protecting women's rights stipulate that women 
enjoy equal rights in cases of land management, but experts argued that 
in practice, this was rarely the case due to the complexity of the law 
and difficulties in its implementation.
    Many employers preferred to hire men to avoid the expense of 
maternity leave and childcare, and some lowered the effective 
retirement age for female workers to 40 (the official retirement age 
for men was 60 and for women 55, with the exception of men and women 
involved in physically demanding jobs for which the retirement age was 
55 and 45, respectively). In addition work units were allowed to impose 
an earlier mandatory retirement age for women than for men, which 
limited a woman's lifetime earning power and career span. Lower 
retirement ages also reduced pensions, which generally were based on 
the number of years worked. Job advertisements sometimes specified 
height and age requirements for women.
    Women had less earning power than men, despite government policies 
mandating nondiscrimination in employment and occupation. MOHRSS and 
the local labor bureaus were responsible for ensuring enterprises 
complied with the labor law and the employment promotion law, each of 
which contains antidiscrimination provisions. Despite the existence of 
administrative and civil remedies for discrimination, labor law 
enforcement was generally lax. Lawyers explained that there were very 
few cases of disputes regarding alleged discrimination, as such 
allegations were difficult to prove.
    The UN Economic and Social Council reported that less than 2 
percent of women between the ages of 15 and 24 were illiterate. 
According to 2008 official government statistics, women comprised more 
than 70 percent of all illiterate persons above the age of 15. In some 
underdeveloped regions, the female literacy rate lagged behind the male 
literacy rate by 15 percent or more.
    A high female suicide rate continued to be a serious problem. 
According to the World Bank and the World Health Organization, there 
were approximately 500 female suicides per day. The Beijing 
Psychological Crisis Study and Prevention Center reported that the 
suicide rate for females was three times higher than for males. 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 high female suicide rate. Women in 
rural areas, where the suicide rate for women is three to four times 
higher than for men, were especially vulnerable.
    While the gap in the education levels of men and women narrowed, 
differences in educational attainment remained a problem. Men continued 
to be overrepresented among the relatively small number of persons who 
received a university-level education. According to Ministry of 
Education statistics, in 2006 women accounted for 48 percent of 
undergraduate and college students, 44 percent of postgraduate 
students, and 34 percent of doctoral students. Women with advanced 
degrees reported discrimination in the hiring process as the job 
distribution system became more competitive and market-driven.

    Children.--The law prohibits maltreatment of children and provides 
protection for a wide range of children's rights. However, accurate 
statistics were difficult to obtain from the official sources, and 
enforcement of laws remained weak. The State Council's National Working 
Committee on Children and Women was tasked with carrying out policy on 
children. Parents must register their children in compliance with the 
national household registration system within one month of birth. 
Children not registered cannot access public services.
    The law provides for nine years of compulsory education for 
children. However, in economically disadvantaged rural areas, many 
children did not attend school for the required period and some never 
attended at all. Public schools were not allowed to charge tuition but 
faced with insufficient local and central government funding, many 
schools continued to charge miscellaneous fees. Such fees and other 
school-related expenses made it difficult for poorer families and some 
migrant workers to send their children to school.
    According to reports, the proportion of girls attending school in 
rural and minority areas was smaller than in cities; in rural areas 61 
percent of boys and 43 percent of girls completed education higher than 
lower middle school. The Government reported that nearly 20 million 
children of migrant laborers followed their parents to urban areas. 
Most children of migrant workers who attended school did so at schools 
that were unlicensed and poorly equipped.
    The Law on the Protection of Juveniles forbids infanticide; 
however, there was evidence that the practice continued. According to 
the NPFPC, a handful of doctors have been charged with infanticide 
under this law. Female infanticide, sex-selective abortions, and the 
abandonment and neglect of baby girls remained problems due to the 
traditional preference for sons and the coercive birth limitation 
policy. Female babies also suffered from a higher mortality rate than 
male babies, contrary to the worldwide norm. State media reported that 
infant mortality rates in rural areas were 27 percent higher for girls 
than boys and that neglect was one factor in their lower survival rate.
    There were more than 150,000 urban ``street children,'' according 
to state-run media. This number was even higher if the children of 
migrant workers who spend the day on the streets were included. In 
August state media reported that the number of children in rural areas 
left behind by their migrant worker parents totaled 5.8 million.
    The law forbids the mistreatment or abandonment of children. The 
vast majority of children in orphanages were girls, many of whom were 
abandoned. Boys in orphanages were usually disabled or in poor health. 
Medical professionals sometimes 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. Adopted children were counted under the birth 
limitation regulations in most locations. As a result, couples that 
adopted abandoned baby girls were sometimes barred from having 
additional children.

    Trafficking in Persons.--The law prohibits trafficking in women and 
children for sexual exploitation; however, there were reports that men, 
women, and children were trafficked to, from, through, and within the 
country for sexual exploitation and forced labor. The Government 
increased efforts to combat trafficking, including raising public 
awareness, expanding social services, and improving international 
cooperation. However, trafficking laws do not fully comply with 
international standards, and the definition of trafficking did not 
include forced labor or trafficking of men and boys; minors were 
defined as persons under 14 years of age.
    The country was both a source and destination for trafficking in 
persons. Most trafficking was internal for the purposes of sexual 
exploitation, forced labor, and forced marriage. Women and children, 
who made up 90 percent of trafficking cases, were often trafficked from 
poorer, rural areas where they were abducted or lured to urban centers 
with false promises of employment and then trafficked into prostitution 
or forced labor. The MPS estimated that 10,000 women and children were 
abducted and sold each year, and NGOs estimated that between 10,000 and 
20,000 were trafficked annually.
    Domestic and cross-border trafficking continued to be significant 
problems, although the exact number of persons involved could only be 
estimated, due in part to an itinerant population of approximately 150 
million. The MPS reported about 2,500 trafficking cases during the 
year, although experts claimed the number was much higher.
    In April state media reported that police dismantled a trafficking 
ring that allegedly was trafficking elementary and middle school 
students from Liangshan, Sichuan Province, to factories in coastal 
cities. In June the Fujian Provincial High Court reportedly upheld 
criminal sentences for a group of men convicted of trafficking more 
than 130 individuals to various countries from 2002 to 2006. The three 
ringleaders of the group were sentenced to jail terms of 13, 8, and 5 
years. Between February and July, police in Guangdong Province 
reportedly handled 33 trafficking cases and arrested 57 suspects 
involved in trafficking in persons, 15 of whom were foreign nationals.
    In November police in Fujian Province cracked a trafficking case 
involving 18 Vietnamese women who had been trafficked to Yunnan, 
Guangxi, and other provinces in China. The women were reportedly sold 
into marriages in rural communities for RMB 20,000 (approximately 
$3,000) to RMB 30,000 (approximately $4,400) each. In Guizhou Province 
state media reported that courts heard a case involving 30 suspects 
accused of trafficking more than 80 women over a four-year period from 
Guizhou to Shanxi, Fujian, Zhejiang, and other provinces. The women 
were led to believe they were being provided employment, but instead 
were trafficked to rural areas for forced marriage.
    Some experts and NGOs suggested trafficking of persons has been 
fueled by economic disparity and the effects of population planning 
policies and that a shortage of marriageable women fueled the demand 
for abducted women, especially in rural areas. The serious imbalance in 
the male-female sex ratio at birth, the tendency for women to leave 
rural areas to seek employment, and the cost of traditional betrothal 
gifts all made purchasing a wife attractive to some poor rural men. 
Some men recruited women from poorer regions, while others sought help 
from criminal gangs. Once in their new ``families,'' these women were 
``married'' and sometimes became victims of forced labor and/or rape. 
Some joined their new communities, others struggled and were punished, 
and a few escaped. Some former trafficking victims became traffickers 
themselves, lured by the prospect of financial gain.
    Over the past five years, there reportedly was an increase in 
cross-border trafficking cases, with most trafficked women and girls 
coming from North Korea, Mongolia, and Vietnam. Others came from Burma, 
Laos, Russia, and Ukraine. All were trafficked into the country for 
sexual exploitation, forced marriage, and indentured servitude in 
domestic service or businesses. North Korean women and girls were 
trafficked into the country to work in the sex industry and for forced 
marriages and other purposes, including forced labor. Because the 
Government continued to classify all North Korean trafficking victims 
as economic migrants, they were routinely deported back to North Korea. 
North Korean women reportedly were sold for RMB 2,900 to RMB 
9,700(approximately $425 to $1,420). In the year leading up to the 
Olympic Games, authorities stepped up efforts to locate and forcibly 
repatriate North Korean refugees, including trafficking victims. The UN 
reported that Chinese citizens were most often trafficked to Malaysia, 
Thailand, the United Kingdom, and the United States. Second--tier 
destinations included Australia, European countries, Canada, Japan, 
Burma, Singapore, South Africa, and Taiwan.
    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 their economic prospects 
would improve. Some reportedly promised to pay RMB 231,000 to RMB 
385,000(approximately $33,791 to $56,320) for passage. Upon arrival 
many reportedly were forced to repay traffickers for the smuggling 
charges and their living expenses by working in specified jobs for a 
set period of time. Living and working conditions for trafficked 
persons were generally poor. Traffickers restricted their movements and 
confiscated their travel documents. Threats to report trafficking 
victims to the authorities or to retaliate against their families if 
they protested made trafficked persons even more vulnerable.
    The revised law on the protection of minors, which took effect in 
June 2007, prohibits trafficking, kidnapping, and sexual exploitation 
of minors. Persons convicted of forced prostitution, abduction, or 
commercial exploitation face criminal sanctions including fines, 
confiscation of personal property, life imprisonment, and, in extreme 
cases, the death penalty; convictions for trafficking minors carry 
heavier sentences. Victims and their families can also bring civil 
suits against offenders, but in practice few civil suits made it beyond 
initial stages. In cases where they did go beyond initial stages, 
victims encountered obstacles in claiming their award compensation.
    Kidnapping and the buying and selling of children for adoption 
increased over the past several years, particularly in poor rural 
areas. There were no reliable estimates of the number of children 
trafficked. Most children trafficked internally were sold to couples 
unable to have children, particularly sons. Those convicted of buying 
an abducted child may be sentenced to three years' imprisonment. In the 
past most children rescued were boys, but increased demand for children 
reportedly drove traffickers to focus on girls as well.
    NGOs reported an increase in child trafficking, especially in rural 
areas, and in cases of children forced to work as beggars, petty 
thieves, and prostitutes. Some children worked in factories, but many 
ended up under the control of local gangs and were induced to commit 
petty crimes such as purse snatching (See Section 6.d.).
    MPS officials stated that repatriated victims of trafficking no 
longer faced fines or other punishment upon their return. However, 
authorities acknowledged that some victims continued to be sentenced or 
fined because of corruption among police, provisions allowing for the 
imposition of fines on persons traveling without proper documentation, 
and the difficulty in identifying victims. Trafficking victims often 
lacked proper identification, which made it difficult to distinguish 
them from persons who illegally crossed borders. MPS trained border 
officials to spot potential victims of trafficking, and MPS opened two 
border liaison offices on the Burma and Vietnam borders to process 
victims. However, the ACWF reported that ongoing problems required 
intervention to protect trafficking victims from unjust punishment.
    The law criminalizing the purchase of women makes abduction and 
sale separate offenses. There were reports of local officials' 
complicity in both alien smuggling and in prostitution, which sometimes 
involved trafficked women. In some cases village leaders sought to 
prevent police from rescuing women who had been sold to villagers. 
Authorities had yet to take sufficient steps to deter or prevent 
trafficking-related corruption in the country.
    Principal organs responsible for combating trafficking or assisting 
its victims were the MPS, the State Council's Work Committee for Women 
and Children, and the ACWF. 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 and other 
women's organizations provided some counseling on legal rights, 
rehabilitation, and other assistance to trafficking victims, although 
lack of funding reportedly limited services in many areas. The 
Government and NGOs also supported centers in communities with large 
numbers of migrant laborers, to train members of at-risk groups to 
avoid being trafficked and to get out of trafficking situations. The 
Government distributed information to combat trafficking, and schools 
provided antitrafficking training to students. The December 2007 
National Action Plan on Combating Trafficking of Women and Children 
formalizes cooperation among government agencies and establishes a 
national information and reporting system. However, there were no plans 
for resources to be allocated to local and provincial governments for 
the implementation of the plan. Additionally, the plan covered only sex 
trafficking of females, and did not address labor trafficking or male 
victims of sex trafficking. The ACWF assisted victims in obtaining 
medical and psychological treatment. Overseas NGOs provided treatment 
to trafficking victims and conducted educational outreach programs to 
educate rural youth about the dangers of trafficking. However, the 
country continued to lack comprehensive, countrywide victim protection 
services.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law protects the rights of persons 
with disabilities and prohibits discrimination; however, conditions for 
such persons lagged far behind legal dictates, failing to provide 
persons with disabilities access to programs designed to assist them.
    The Ministry of Civil Affairs and the China Disabled Persons 
Federation, a government-organized civil association, were the main 
entities responsible for persons with disabilities. State-run media 
reported that there were 83 million persons with disabilities living in 
the country. According to government statistics, 3,250 educational and 
vocational centers provided training and job-placement services for 
persons with disabilities. In 2007, 572,000 persons with disabilities 
received education or training, but approximately 1.15 million urban 
and 3.37 million rural persons with disabilities were unemployed.
    The law prohibits discrimination against minors with disabilities 
and codifies a variety of judicial protections for juvenile offenders. 
In 2007 the Ministry of Education reported that nationwide there were 
1,618 schools for children with disabilities. During the year there 
were 63,400 new enrollments, bringing the total number of children with 
disabilities at school to 419,000. The physical abuse of children can 
be grounds for criminal prosecution. Nationwide 243,000 school-age 
children with disabilities did not attend school. Nearly 100,000 
organizations existed, mostly in urban areas, to serve those with 
disabilities and protect their legal rights. The Government, at times 
in conjunction with NGOs, sponsored programs to integrate persons with 
disabilities into society. However, misdiagnosis, inadequate medical 
care, stigmatization, 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, where care was often inadequate. Those parents who 
chose to keep children with disabilities at home generally faced 
difficulty finding adequate medical care, day care, and education for 
their children. Government statistics showed that almost one-quarter of 
persons with disabilities lived in extreme poverty. Unemployment among 
adults with disabilities remained a serious problem. Under the 
Employment Promotion Law, local governments were required to offer 
incentives to enterprises that hired persons with disabilities. 
Existing regulations in some parts of the country also required 
employers to pay into a national fund for the disabled when the 
employees with disabilities did not make up the statutory minimum 
percentage of the total workforce. 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 law 
permits universities legally to exclude otherwise qualified candidates 
from higher education.
    The law forbids the marriage of persons with 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 law stipulates that local governments must employ 
such practices to raise the percentage of healthy births. Media reports 
publicized the forced sterilization of mentally challenged teenagers in 
Nantong, Jiangsu Province.

    National/Racial/Ethnic Minorities.--Most minority groups resided in 
areas they traditionally inhabited. Government policy calls for members 
of recognized minorities to receive preferential treatment in birth 
planning, university admission, access to loans, and employment. 
However, the substance and implementation of ethnic minority policies 
remained poor, and discrimination against minorities remained 
widespread.
    Minority groups in border regions had less access to education than 
their Han counterparts, faced job discrimination in favor of Han 
migrants, and earned incomes well below those in other parts of the 
country. Government-run development programs often disrupted 
traditional living patterns of minority groups and included, in some 
cases, the forced relocation of persons. Han Chinese benefited 
disproportionately from government programs and economic growth. As 
part of is emphasis on building a ``harmonious society,'' the 
Government downplayed racism against minorities, which remained the 
source of deep resentment in the XUAR, Inner Mongolia Autonomous 
Region, and Tibetan areas.
    Minorities constituted nearly 14 percent of the NPC, which was 
higher than their percentage in the population. According to 2007 
government statistics, 36.3 percent of Guangxi's cadres were ethnic 
minorities. All five of the country's ethnic minority autonomous 
regions had governors from minority groups for the first time in 
history. However, the Communist Party secretaries of these five 
autonomous regions were all Han. Han officials continued to hold most 
of the most powerful party and government positions in minority 
autonomous regions, particularly the XUAR.
    The Government's policy to encourage Han Chinese migration into 
minority areas has significantly increased the population of Han in the 
XUAR. In recent decades the Han--Uighur ratio in the capital of Urumqi 
has shifted from 20 to 80 to 80 to 20 and was a deep source of Uighur 
resentment. Discriminatory hiring practices gave preference to Han and 
discouraged job prospects for ethnic minorities. According to 2005 
statistics published by XUAR officials, eight million of the XUAR's 20 
million official residents were Han. Hui, Kazakhs, Kyrgyz, Uighur, and 
other ethnic minorities comprised approximately 12 million XUAR 
residents. Official statistics understated the Han population, because 
they did not count the tens of thousands of Han Chinese who were long-
term ``temporary workers.'' While the Government continued to promote 
Han migration into the XUAR and fill local jobs with migrant labor, 
overseas human rights organizations reported during the year that local 
officials under direction from higher levels of government have 
deceived and pressured young Uighur women to participate in a 
government sponsored labor transfer program.
    The XUAR government took measures to dilute expressions of Uighur 
identity, including measures to reduce education in ethnic minority 
languages in XUAR schools and to institute language requirements that 
disadvantaged ethnic minority teachers. The Government continued to 
apply policies that prioritized Mandarin Chinese for instruction in 
school, thereby reducing or eliminating ethnic-language instruction. 
Graduates of minority language schools typically needed intensive 
Chinese study before they could handle Chinese-language course work at 
a university. The dominant position of standard Chinese in government, 
commerce, and academia put graduates of minority-language schools who 
lacked standard Chinese proficiency at a disadvantage.
    During the year authorities increased repression in the XUAR, and 
targeted the region's ethnic Uighur population. In August officials in 
XUAR reiterated a pledge to crack down on the Government-designated 
``three forces'' of religious extremism, ``splittism,'' and terrorism. 
In September XUAR CCP Chair Wang Lequan stated that ``this winter and 
next spring we will launch a concentrated antiseparatist reeducation 
campaign across the whole region.'' It was sometimes difficult to 
determine whether raids, detentions, and judicial punishments directed 
at individuals or organizations suspected of promoting the ``three 
forces'' were instead actually used to target those peacefully seeking 
to express their political or religious views. The Government continued 
to repress Uighurs expressing peaceful political dissent and 
independent Muslim religious leaders, often citing counterterrorism as 
the reason for taking action.
    Uighurs were sentenced to long prison terms, and in some cases 
executed, on charges of separatism. In April 2007 foreign citizen 
Huseyin Celil was sentenced to life in prison for allegedly plotting to 
split the country and 10 years in prison for belonging to a terrorist 
organization, reportedly after being extradited from Uzbekistan and 
tortured into giving a confession. During the year the Government 
reportedly sought the repatriation of Uighurs living outside the 
country, where they faced the risk of persecution.
    Possession of publications or audiovisual materials discussing 
independence or other sensitive subjects was not permitted. According 
to reports, those possessing such materials received lengthy prison 
sentences, such as Uighur Mehbube Ablesh, who was detained for 
expressing sensitive views online. Uighurs who remained in prison at 
year's end for their peaceful expression of ideas the Government found 
objectionable included Abdulla Jamal, Tohti Tunyaz, Adduhelil Zunun, 
Abdulghani Memetemin, and Nurmuhemmet Yasin.
    During the year XUAR officials defended the campaign against 
separatism as necessary to maintain public order and continued to use 
the threat of violence as justification for extreme security measures 
directed at the local population and visiting foreigners.
    Han control of the region's political and economic institutions 
also contributed to heightened tension. Although government policies 
brought economic improvements to the XUAR, Han residents received a 
disproportionate share of the benefits.
    (See also the Tibet addendum.)

    Other Societal Abuses and Discrimination.--No laws criminalize 
private homosexual activity between consenting adults. Societal 
discrimination and strong pressure to conform to family expectations 
deterred most gay individuals from publicly discussing their sexual 
orientation. Published reports stated that more than 80 percent of gay 
men married because of social pressure.
    The Employment Promotion Law, which went into effect January 1, 
improves protection against discrimination in employment, and local 
governments began modifying their regulations to reflect the new law. 
Under the new law and adopted regulations, employment discrimination 
against persons carrying an infectious disease is prohibited, and 
provisions allow such persons to work as civil servants. While the new 
law improves protection against discrimination in employment, it does 
not address some common types of discrimination in employment, 
including discrimination based on height, physical appearance, or place 
of origin.
    Despite provisions in the new Employment Promotion Law, 
discrimination against persons with HIV/AIDS and hepatitis B carriers 
(including 20 million chronic carriers) remained widespread in many 
areas. Persons with HIV/AIDS suffered discrimination, and local 
governments sometimes tried to suppress their activities. At the same 
time, international involvement in HIV/AIDS prevention, care, and 
treatment, as well as central government pressure on local governments 
to respond appropriately, brought improvements in some localities. Some 
hospitals that previously refused to treat HIV/AIDS patients had active 
care and treatment programs because domestic and international training 
programs improved the understanding of local healthcare workers and 
their managers. In Beijing dozens of local community centers encouraged 
and facilitated HIV/AIDS support groups.
    Some NGOs working with HIV/AIDS patients and their family members 
continued to report difficulties with local governments, particularly 
in Henan Province, where thousands were infected in government-run 
blood-selling stations during the 1990s. Henan authorities successfully 
provided free treatment to persons with HIV/AIDS, but foreign and local 
observers noted that local governments were reluctant or even hostile 
toward coordinating efforts with NGOs and preferred to work 
independently.
Section 6. Worker Rights
    a. The Right of Association.--Although the law provides for the 
freedom of association, in practice workers were not free to organize 
or join unions of their own choosing. Workers cannot choose an 
independent union to represent them in the workplace, as independent 
unions are illegal. The right to strike is also not protected in law.
    The All--China Federation of Trade Unions (ACFTU), which was 
controlled by the CCP and chaired by a member of the Politburo, was the 
sole legal workers' organization. The trade union law gives the ACFTU 
control over all union organizations and activities, including 
enterprise-level unions, and requires the ACFTU to ``uphold the 
leadership of the Communist Party.'' In some cases, the ACFTU and its 
constituent unions influenced and implemented government policies on 
behalf of workers. During the first half of the year, the ACFTU claimed 
to have 209 million members in 1.7 million constituent unions in 3.6 
million enterprises. The number of active members and union 
organizations was unknown.
    Already established in the state-owned sector, where union 
representatives frequently held senior management positions, the ACFTU 
continued its 2006 campaign to organize unions in foreign-invested 
enterprises. Labor laws make no distinction between domestic and 
foreign-invested enterprises with respect to the establishment of 
unions. The ACFTU set a goal to organize unions in 80 percent of 
foreign-invested enterprises by the end of September; the actual 
percentage was unknown at year's end. The ACFTU dropped barriers to 
migrant workers joining ACFTU unions, and launched a campaign to 
increase the number of migrant worker members.
    Direct election by workers of union leaders was rare, occurred only 
at the enterprise level, and was subject to supervision by higher 
levels of the union or Communist Party organization. Although the law 
states that trade union officers at each level should be elected, most 
were appointed by higher levels of the ACFTU, often in coordination 
with employers. In enterprises where direct election of union officers 
took place, regional ACFTU offices and local party authorities retained 
control over the selection and approval of candidates.
    Some workers acted outside the ACFTU structure to demand back 
wages, pension or health insurance contributions, or other benefits 
owed by employers. During the year strikes and labor protests 
throughout the country were increasingly widespread and well-organized. 
Reports of protests in which workers blocked traffic or damaged 
employers' facilities appeared to increase during the year. Most of 
these protests occurred at export-oriented Hong Kong and Taiwan-
invested factories, which shut down suddenly due to deteriorating 
business conditions without paying back wages or severance pay.
    During the year the Government acted against some activist workers, 
especially when they engaged in organized campaigns. Some workers who 
complained to local labor and social security bureau offices about 
working conditions reported that they faced harassment from their 
employers and police and sometimes from labor bureau officials. Labor 
rights activists complained throughout the year of police surveillance, 
including interviews with police. In March authorities in Guangzhou 
arrested and subsequently detained 13 workers from three factories in 
Guangzhou's Panyu District who were involved in public protests over 
unpaid wages. Authorities used force to suppress the demonstrations, 
bringing criminal charges against the protestors, and continued to use 
administrative detention, which is not subject to judicial review, as a 
penalty for involvement in such protests.
    Although the Government showed some tolerance for civil society 
organizations and law firms involved in protecting workers' rights, 
authorities continued to monitor labor rights organizations closely, 
especially those receiving funding from foreign sources. In some cases 
local authorities interfered with the programs or activities of labor 
organizations. On May 16, Chen Yuping was reportedly sentenced to 18 
months of RTL for ``disturbing public order'' after he applied to the 
AFTCU to establish a labor union for workers involuntarily retired or 
laid off by their former employer, Jilin Oilfield. According to 
international NGOs, authorities detained two other workers connected 
with the case for 10 days after they talked to overseas media. Labor 
organizations reported close surveillance by government security 
agencies, including close attention to sources of funding and 
connections to foreign organizations. Some labor organizations reported 
pressure from local governments to cancel certain activities and public 
events.
    Labor activists detained in previous years were reportedly still in 
detention at year's end, including Yao Fuxin, Wang Sen, He Zhaohui, Yue 
Tianxiang, Miao Jinhong, Ni Xiafei, Huang Xiangwei, Li Xintao, Hu 
Mingjun, Li Wangyang, Liu Zhihua, Luo Mingzhong, Luo Huiquan, Kong 
Youping, Ning Xianhua, Li Jianfeng, Lin Shun'an, Chen Wei, She Wanbao, 
and Zhu Fangming. Family members of some imprisoned labor activists 
reported surveillance and harassment by public security officials.
    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. Local government interpretations of 
laws and regulations with respect to the right to strike vary, with 
some jurisdictions showing limited tolerance for strikes. Other 
jurisdictions continued to treat worker protests as illegal 
demonstrations. Without a clearly defined right to strike, workers had 
only a limited capacity to influence the negotiation process.
    In some cases workers did strike to demand better conditions and 
benefits. During the year labor strikes and protests throughout the 
country became increasingly widespread and well organized. In January 
in Guangzhou and Dongguan in Guangdong Province, thousands of workers 
from Hong Kong and Taiwan-invested factories protested wage arrears and 
other grievances. Some of these strikers reportedly clashed with 
police.
    During the year there were numerous media accounts of worker 
protests other than strikes, involving actual or feared job loss, wage 
or benefit arrears, dissatisfaction with new contracts offered in 
enterprise restructuring, failure to honor contract terms, or 
discontent over substandard conditions of employment. In March pilots 
flying out of Kunming simultaneously turned their planes around in 
flight in what the press reported was an organized protest against new 
airline policies affecting their take home pay. In July the airline 
suspended or demoted 13 of the pilots involved in the March incident. 
In November and December, there were also a series of spontaneous taxi 
strikes, beginning in Chongqing and spreading to other cities, in which 
taxi drivers protested high operating fees and competition from 
unlicensed cabs. Labor experts reported that such protests were 
typically initiated by small numbers of workers and organized through 
text messaging.

    b. The Right to Organize and Bargain Collectively.--The labor law 
permits collective bargaining for workers in all types of enterprises; 
however, in practice collective bargaining fell far short of 
international standards. Under the law, collective contracts are to be 
developed through collaboration between the labor union and management 
and should specify such matters as working conditions, wage scales, and 
hours of work. In the private sector, where active labor unions were 
rare and alternative union organizations had no legal standing to 
negotiate, workers faced significant obstacles to bargaining 
collectively with management.
    The trade union law specifically addresses unions' responsibility 
to bargain collectively on behalf of workers' interests. Regulations 
required the union to gather input from workers prior to consultation 
with management and to submit collective contracts to workers or their 
congress for approval. There is no legal obligation for employers to 
negotiate, and some employers refused to do so.
    On January 1, the new labor contract law went into effect. A key 
article of the labor contract law requires employers to consult with 
labor unions or employee representatives on matters that have a direct 
bearing on the immediate interests of their workers. Although the 
central government had not clarified the meaning of this article, some 
local jurisdictions interpreted it as a mandate for collective 
bargaining and reflected such an interpretation in local regulations on 
collective contract negotiations. During the year the ACFTU also called 
on its local organizations to carry out more aggressively their mandate 
to conclude collective contracts with employers. In 2007 the ACFTU 
reported that there were more than 975,000 collective contracts in 
place, covering 1.7 million enterprises and 128 million workers; 
343,000 of these were contracts specifically covering wages. During the 
first half of the year, the ACFTU reported that there were more than 
1.09 million collective contracts in place, covering 1.8 million 
enterprises and 143 million workers; 376,000 collective contracts 
specifically addressed the issue of wages. However, the majority of the 
collective contracts were prefabricated contracts adopted without 
negotiation. Collective contracts generally reflected statutory minimum 
labor standards. The majority of collective contracts did not address 
the issue of wages.
    The law provides for labor dispute resolution through a three-stage 
process: mediation between the parties, arbitration by officially 
designated arbitrators, and litigation. The labor dispute mediation and 
arbitration law, which went into effect in May, improved workers' 
access to and streamlined this three-stage process. During the year the 
volume of cases processed through this system increased sharply, with 
some jurisdictions, especially in the coastal exporting regions, 
posting increases of 300 to 500 percent, according to government 
statistics. The number of such officially adjudicated labor disputes 
had already more than doubled between 2001 and 2007. Experts claimed 
that this notable rise in recorded disputes was due to both an increase 
in actual disputes and to the Government's increased capacity to record 
and handle these disputes.
    The trade union law provides specific legal remedies against 
antiunion discrimination and specifies that union representatives may 
not be transferred or terminated by enterprise management during their 
term of office. Collective contract regulations provide similar 
protections for employee representatives during collective 
consultations. ACFTU officials and other observers reported that such 
protections were difficult to enforce in practice.
    Workers and their advocates suffered harassment and intimidation by 
criminal elements often hired by employers. In January the local press 
reported that 31 migrant workers in Beijing involved in a dispute with 
their employer over unpaid wages were beaten by club--wielding thugs. 
In March unknown assailants beat and severely injured two Shenzhen 
labor lawyers with steel pipes after luring them to a remote area by 
claiming to be workers seeking legal advice. This occurred two days 
before the lawyers were to represent a group of over 20 workers in a 
labor arbitration case.
    There are no special laws or exemptions from regular labor laws in 
export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and compulsory labor, including by children, but such practices 
occurred. In April police in Dongguan, Guangdong Province, rescued more 
than 100 Yi minority youths, following reports that labor brokers in 
the city were supplying workers to factories and workshops on contract 
terms that violated labor, child welfare, and antitrafficking laws. 
Press reports claimed that more than 1,000 underage Yi workers were 
working in Dongguan. These workers reportedly received less than the 
minimum wage, worked longer than the maximum number of hours permitted, 
and received no social insurance benefits. There were also reports some 
of the female workers were sexually exploited. The workers were 
recruited, sometimes with the complicity of their families, through a 
network of informal labor brokers from the impoverished Liangshan Yi 
Minority Autonomous Prefecture in Sichuan Province. Employers 
reportedly paid the wages directly to the labor brokers who kept a 
portion and passed the rest to the workers' families. Press reports 
indicated that many of the workers had false documentation, but were 
really between 12 and 15 years old, and that some workers appeared to 
be younger than 10. Dongguan authorities reported that all the rescued 
workers had documentation indicating they were over 16, and that few of 
the workers wanted to return to Liangshan. After the initial press 
reports, local authorities suppressed reporting about the incident. In 
June the MPS asserted that ``the information in the report on Dongguan 
Child Labor Issues was not factual, nor did we find any enterprises in 
Dongguan City using child labor.'' In March police in Harbin, 
Heilongjiang Province, rescued 33 migrant construction workers, several 
of whom were persons with mental disabilities, from confinement in a 
room 98 feet square. State media reported the workers lived under 
``slave-like'' conditions, and had been lured with false promises of 
paid employment by traffickers, who targeted vulnerable workers at 
train and bus stations.
    Forced labor remained a serious problem in penal institutions. Many 
prisoners and detainees in RTL facilities were required to work, often 
with no remuneration. There was no effective mechanism to prevent the 
export of goods made under such conditions.
    It remained common for employers to withhold several months' wages, 
or to require unskilled workers to deposit several months' wages, as 
security against the workers departing early from their labor 
contracts. These practices prevented workers from exercising their 
right to leave their employment.

    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 
and child labor remained a persistent problem. 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.
    A decree prohibiting the use of child labor provides that 
businesses illegally hiring minors or in whose employ a child dies will 
be punished via administrative review, fines, or revocation of their 
business license. The decree further provides that underage children 
found working should be returned to their parents or other custodians 
in their original place of residence.
    Child labor was reportedly discovered in low-skill manufacturing 
sectors such as toys, textiles, and shoes. In October in Hubei 
Province, authorities announced a crackdown on child labor in small-
scale workshops in Wuhan, after a local photojournalist posted an 
expose on the Internet, including photographs of child laborers in 
local garment, silk screening, zipper, and mop factories. After 
announcing its crackdown, there was no further press reporting on the 
story and the relevant Internet postings were blocked.
    In June an international NGO reported that some factories licensed 
to make goods bearing the 2008 Olympics logo employed child labor. A 
subsequent investigation by the Government of Dongguan, Guangdong 
Province, found that Lekit Stationery Company had hired eight students 
under the age of 16. The students earned RMB 32 ($4.70) for a 12-hour 
day and worked six days a week, according to the investigation. The 
Beijing Organizing Committee for the Olympic Games revoked the 
company's license to produce Olympic logo goods.
    Social compliance auditors working for foreign buyers continued to 
report a low but increasing incidence of child labor in factories 
producing for export. Under the Government-permitted work-study 
programs, elementary schools supplied factories with low-cost child 
labor under the pretext of vocational training.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage, but the labor law requires local governments to set their own 
minimum wage according to standards promulgated by the Ministry of 
Human Resources and Social Security. These standards include the 
minimum cost of living for workers and their families, levels of 
economic development, and employment in the area, as well as the level 
of social insurance and other benefits contributions paid by the 
employees themselves. Labor bureaus set these standards to cover basic 
needs. The regulation states that labor and social security bureaus at 
or above the county level are responsible for enforcement of the law. 
It provides that where the ACFTU finds an employer in violation of the 
regulation, it shall have the power to demand that the relevant labor 
bureaus deal with the case.
    During the early part of the year many cities increased their 
minimum wages, typically by 10 to 15 percent, to keep up with a rising 
cost of living. However, in November the MOHRSS announced that it would 
postpone further planned increases in the minimum wage nationwide, 
because of diminished economic growth and falling consumer prices.
    Wage arrears remained a common problem, especially among migrant 
workers. Some migrant workers received wages once a year, when settling 
with employers prior to returning home for the lunar New Year. 
Governments at various levels continued their efforts to prevent 
arrears to recover payment of missing wages and insurance 
contributions. Legal aid lawyers and government sources reported that 
nonpayment or underpayment of wages still accounted for a large portion 
of labor disputes. The incidence of wage arrears increased late in the 
year as many of the country's export-oriented manufacturers, facing a 
sharp decline in orders from overseas, began to lay off large numbers 
of workers.
    Migrant workers, estimated between 130 and 230 million, faced 
numerous other obstacles with regard to working conditions and labor 
rights. Many were unable to access public services, such as public 
education or social insurance, in the cities where they lived and 
worked. Because pension benefits are not portable, many migrant workers 
opted not to participate, or had to forfeit the majority of social 
insurance contributions made on their behalf when they moved to another 
jurisdiction.
    Other widespread illegal practices effectively reduced workers' 
wages. These included arbitrary fines and wage deductions levied by 
employers for alleged breaches of company rules. Many employers used an 
``extended shift'' system, in which the employer set an unrealistic 
production target that workers could not achieve within designated work 
hours, forcing workers to work overtime without additional compensation 
to meet the target and sometimes resulting in actual hourly wages that 
were below the legal minimum wage. The illegal practice of collecting 
wage deposits or paying wages in arrears to prevent workers from 
quitting their jobs without the employer's consent remained a common 
problem.
    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 three hours per day or 36 hours per month and 
mandates a required percentage of additional pay for overtime work. 
However, in practice compliance with the law was weak, and standards 
were regularly violated, particularly in the private sector and in 
enterprises that used low-skilled migrant or seasonal labor. In some 
cases local labor bureaus formally approved employers' overtime 
policies that exceeded the legal maximum. Social auditors found that 
factories routinely falsified overtime and payroll records.
    Inadequate and poorly enforced occupational health and safety laws 
and regulations continued to put workers' health and lives at risk. The 
State Administration for Work Safety (SAWS) acknowledged that 
occupational health and safety concerns remained serious. The work 
safety law states 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. In 
practice such protective provisions were difficult to enforce.
    Overall there was a decline in reported accidents and fatalities 
compared with the previous year. SAWS reported a 10.2 percent decline 
in work and traffic-related fatalities compared with 2007 but did not 
publish separate statistics for work-related accidents or fatalities.
    The coal industry continued to have high accidents and fatalities. 
SAWS reported that coal mine accidents and fatalities fell during the 
year by 19.3 percent and 15.1 percent, respectively. The drop in 
reported fatalities reflected, in part, the success of government 
efforts to improve mine safety, which included a policy of 
consolidating the industry into larger, better regulated mining 
companies. About two-thirds of coal mine accidents occurred in small 
mines, which accounted for only one-third of the country's coal 
production. Although reported coal mine fatalities decreased in 
absolute terms, the fatality rate remained very high by international 
standards. There were 1.5 reported coal mine fatalities per million 
metric tons of coal produced in 2007, compared with 2.4 fatalities per 
ton in 2006.
    The Government sought to prosecute some employers responsible for 
these incidents. In January police arrested individuals who illegally 
reopened a closed coal mine in Linfen City, Shanxi Province, after an 
explosion killed 25 workers. In February, also in Linfen City, 
authorities publicly convicted and sentenced 17 individuals in 
connection with a mine explosion that killed 105 miners in December 
2007.
    Cover--ups of mine accidents and other work-related accidents were 
common. Legislative and mine safety experts reported that mine safety 
problems stemmed from an inadequate legal framework, weak penalties, 
poor mine supervision, noncompliance with mine safety regulations and 
mine closure orders, and inadequate training for mine inspectors, mine 
operators, and miners. In September the governor of Shanxi Province 
resigned following a mudslide that killed 260 villagers adjacent to an 
illegally operated iron mine.
    Work-related injuries and fatalities were also common outside the 
mining sector. In January the Beijing Organizing Committee for the 
Olympic Games denied allegations that 10 workers had died at Olympic 
venue construction sites, but SAWS, which did not supervise the 
construction industry directly, later confirmed the death of six 
workers at Olympic construction sites over a three-year period. Also in 
January the Government reported that 18 rail workers were killed in 
Shandong Province when struck by a passing high-speed train.
    Many factories that used harmful materials or processes not only 
failed to protect their workers against the ill effects of such 
materials or processes but also failed to inform them about the 
hazards, neglected to provide them with health inspections as required 
by law, and denied their claims for compensation when they fell ill. In 
February 130 workers at a lead refinery in Shaanxi Province, which the 
Government ordered closed in November 2007, reportedly suffered from 
lead poisoning and were seeking compensation after being dismissed from 
their jobs. In July, 20 workers at a battery factory in Jiangsu 
Province reportedly suffered from cadmium poisoning and were seeking 
compensation.
    NGOs reported that local labor and social security bureaus 
frequently rejected claims for compensation by workers because 
employers failed to provide them with documentation as required by law. 
Workers showed a willingness to use lawsuits to pursue injury and 
illness claims against employers, but access to legal aid was limited.
    While many labor laws and regulations were fully compatible with 
international standards, implementation and enforcement were generally 
poor. In addition labor contracts were executed rarely or contained 
terms inconsistent with the law. The lack of written labor contracts 
made it much more difficult for workers whose rights had been violated 
to seek redress through administrative processes or through the courts. 
The labor legislation that went into effect during the year aims to 
improve the regulation of labor contracting agencies and limit the 
conditions under which employers can use contingent or temporary labor; 
however, the widespread use of such workers continued to create legal 
gray areas that made labor law enforcement more difficult.


                                 TIBET

    The United States recognizes the Tibet Autonomous Region (TAR) and 
Tibetan autonomous prefectures, counties, and townships in other 
provinces to be a part of the People's Republic of China (PRC). The 
Tibetan population within the TAR was approximately 2.8 million, while 
the Tibetan population outside the TAR was an estimated 2.9 million. 
The Government strictly controlled information about, and access to, 
the TAR and Tibetan areas outside the TAR, making it difficult to 
determine accurately the scope of human rights abuses. These controls 
intensified following the outbreak of widespread unrest in Tibetan 
areas on March 14.
    The Government's human rights record in Tibetan areas of China 
deteriorated severely during the year. Authorities continued to commit 
serious human rights abuses, including torture, arbitrary arrest, 
extrajudicial detention, and house arrest. Official repression of 
freedoms of speech, religion, association, and movement increased 
significantly following the outbreak of protests across the Tibetan 
plateau in the spring. The preservation and development of Tibet's 
unique religious, cultural, and linguistic heritage continued to be of 
concern.
    On March 10, monks and nuns from a number of monasteries mounted 
peaceful protests in Lhasa and other Tibetan communities to commemorate 
the anniversary of the 1959 Tibetan uprising. During the next few days, 
laypeople joined the protests. Local police attempted to contain the 
demonstrations with tear gas and detentions and conducted searches of 
local monasteries and homes. On March 14 and 15, rioting occurred in 
Lhasa after security officials used force to arrest some demonstrators, 
including monks. Some protesters resorted to violence, in some cases 
deadly, against ethnic Han and Hui residents. Protesters damaged 
property and stole from non--Tibetan businesses and government 
buildings. The demonstrations quickly spread to other ethnic Tibetan 
communities in the TAR as well as in Qinghai, Gansu, and Sichuan 
provinces, as protesters conveyed solidarity with the monks and nuns, 
and expressed frustration over restrictions on fundamental rights, 
including religious practice, and unequal economic and educational 
opportunities. The Government responded by deploying large numbers of 
People's Armed Police (PAP) troops to Tibetan areas and violently 
suppressing demonstrations, which resulted in killings. PAP troops also 
conducted random searches and arbitrary arrests, and severely limited 
movement of Tibetans and foreigners. Protests, which at times turned 
violent, continued in the TAR and Tibetan areas of Sichuan, Gansu and 
Qinghai during the second half of the year.

    Deprivation of Life.--There were numerous reports that the 
Government or its agents committed arbitrary or unlawful killings. 
Observers estimated security forces killed up to 218 Tibetans in March 
and April during the outbreak of widespread protests in the TAR and 
other Tibetan areas. According to eyewitness accounts, security forces 
used firearms against demonstrators in Lhasa on March 14 and 15, 
resulting in killings. However, on March 28, TAR Chairman Qiangba 
Puncog asserted to a delegation of foreign diplomats in Lhasa that 
security forces had not used deadly force to suppress the 
demonstrations and riots in Lhasa. The Government reported that 22 
persons were killed in the Lhasa violence, including 18 civilians, one 
police officer, and three rioters. Outside observers, including Tibetan 
exile groups and such NGOs as the International Campaign for Tibet 
(ICT) and the Tibetan Center for Human Rights and Democracy (TCHRD), 
variously placed the number of persons killed in Tibetan areas due to 
official suppression that began March 10 at between 100 and 218. 
Because the Government severely limited access by foreign diplomats and 
journalists to Tibetan regions, it was not possible to verify 
independently the number of killed and injured.
    Following the March 14-15 riots in Lhasa, more than 125 protests 
spread across the TAR and other Tibetan areas, occasionally becoming 
violent. According to nongovernmental organization (NGO) reports, at 
least 14 protests involved a significant degree of violence, including 
the deaths of protesters. On March 15 or 16, in Phenpo Lhundrup county 
(Linzhou) in the TAR, local police reportedly fired on a crowd 
demanding the release of the monks arrested in Lhasa for demonstrating. 
One businessman, Jinpa, was killed and hundreds of monks and local 
residents were arrested. On March 16, press and NGOs reported that 
police in Aba Prefecture, Sichuan Province, fired on demonstrators near 
the Kirki monastery, resulting in the deaths of at least 10 Tibetans, 
including monks and three high school students. The Xinhua News Agency 
confirmed the incident, but reported police had fired in self-defense 
and did not acknowledge causalities. On April 3, the ICT reported a 
second incident in which security forces fired on protesters at Tongkor 
monastery in Kardze (Ganzi) Tibetan Autonomous Prefecture (TAP), 
Sichuan Province, killing 10 to 15 persons, including three monks, six 
women and one child. The TCHRD reported that on May 28, in Kardze, 
Sichuan Province, security forces shot a Tibetan student staging a 
peaceful and solitary protest and dragged her away from the scene. The 
ICT reported that on March 28, more than 80 bodies were burnt together 
at a crematorium in one county under Lhasa Municipality.
    Some Tibetans injured in the unrest in Lhasa reportedly were denied 
medical care and access to hospitals, possibly resulting in an unknown 
number of otherwise preventable deaths.

    Disappearance.--Following the March 14 and 15 riots in Lhasa, 
authorities arrested Tibetans arbitrarily, including monks and nuns, 
many of whom remained missing. Official statistics for the number 
detained were incomplete and covered only certain areas. On July 11, 
official media reported that 953 persons were detained or had 
surrendered to police in Lhasa following the riots. The report stated 
that 42 persons were sentenced to prison in connection with the unrest, 
and an additional 116 were awaiting trial. On November 4, the Xinhua 
News Agency quoted a statement by TAR Vice Chairman Baema Cewang that 
55 persons were sentenced to three years to life in connection with the 
March violence in Lhasa. Cewang added that 1,317 persons had been 
detained, ``of whom 1,115 subsequently were released,'' while the 
remainder ``stood trial.'' At year's end at least 190 Tibetans had 
reportedly been sentenced by various county-level courts in the TAR, 
according to TCHRD. In August the ICT released a list with the names of 
more than 900 individuals detained in connection with the March unrest, 
263 of whom reportedly were still in custody. In September the TCHRD 
reported that more than 1,000 Tibetans remained missing, including 80 
monks from the Drepung Monastery near Lhasa. Family members and 
monastic leaders often were unable to receive information regarding 
missing family members from local authorities following the unrest.
    On March 18, Phurbu Tsering Rinpoche of Tehor Kardze Monastery, a 
highly revered religious leader and head of Pangri and Yatseg nunneries 
in Kardze (where demonstrations occurred), was arbitrarily arrested in 
his home. His whereabouts were unknown at year's end. On March 23, 
Dhondup Wangchen and Jigme Gyatso, who filmed a documentary featuring 
interviews with Tibetans discussing their views of the Beijing Olympic 
Games and conditions in Tibet, reportedly were arrested, although their 
whereabouts remained unknown at year's end.
    According to the Asian Forum for Human Rights and Development and 
TCHRD, on April 7, following a midnight raid on the Ramoche Temple in 
Lhasa, five monks, including Sonam Rabgyal, Damdul, and Rabgyal, 
disappeared. No new information was available on the whereabouts of 
Phuntsok Gyaltsen, the deputy head of Phurbu Township, Palgon County, 
TAR, who was detained in April 2007.
    The whereabouts of the Panchen Lama, Gendun Choekyi Nyima, Tibetan 
Buddhism's second most prominent figure after the Dalai Lama, and his 
family remained unknown. In August TAR Ethnic and Religious Affairs 
officials maintained that his recognition as the Panchen Lama was 
illegal, and that he valued his privacy and was in good health.

    Torture.--The security regime employed torture and degrading 
treatment in dealing with some detainees and prisoners. Tibetans 
repatriated from Nepal reportedly suffered torture, including electric 
shocks, exposure to cold, and severe beatings, and were forced to 
perform heavy physical labor. Prisoners were subjected routinely to 
``political investigation'' sessions and were punished if deemed 
insufficiently loyal to the state.
    According to numerous sources, many of those detained after March 
10 were subjected to extrajudicial punishments such as severe beatings 
and deprivation of food, water, and sleep for long periods. In some 
cases, detainees suffered broken bones and other serious injuries at 
the hands of PAP and Public Security Bureau (PSB) officers. According 
to eyewitnesses, the bodies of persons killed during the unrest or 
subsequent interrogation were disposed of secretly rather than returned 
to their families. Tibetan monk Jigme Guri from the Labrang Monastery 
in Gansu Province told Associated Press journalists that prison 
authorities beat him repeatedly during two months of detention 
beginning March 21. According to Jigme, the beatings left him 
unconscious for six days, and he required two hospitalizations. On 
November 4, authorities reportedly detained Jigme again for unknown 
reasons.
    Tibetans seeking to flee to India and other countries overland via 
Nepal risked violence and arrest at the hands of security forces.

    Prison Conditions.--The mass detentions connected with the March 
unrest amplified already crowded and harsh prison conditions. Some 
prisons used forced labor, including those in the public security 
reeducation through labor system (RTL), detention centers, and prison 
work sites. The law states that prisoners may be required to work up to 
12 hours per day, with one rest day every two weeks, but these 
regulations often were not enforced.

    Arbitrary Arrest and Detention.--Arbitrary arrest and detention 
increased substantially in Tibetan areas during the year. Police 
legally may detain persons for up to 37 days without formally arresting 
or charging them. Following the 37-day period, police must either 
formally arrest or release the detainees. Police must notify the 
relatives or employer of an arrested person within 24 hours of the 
arrest. In practice police frequently violated these requirements, and 
international NGOs reported that police detained thousands of Tibetans 
following the Lhasa riots for months without notifying their families.
    Official state media reported the detentions of 4,434 persons in 
Tibetan areas (1,315 in Lhasa) between March and April, although some 
NGOS placed the number at more than 6,500. On March 25, the official 
Xinhua News Agency reported that 381 rioters in Ngaba (Aba) TAP, 
Sichuan Province, had surrendered to police. On April 9, Xinhua 
reported that in the Gannan TAP, Gansu Province, 2,204 persons, 
including 519 monks, surrendered to police, although police later 
released 1,870 of them. The same report noted that police formally 
arrested eight persons in Gannan and placed 432, including 170 monks, 
in temporary custody.
    On November 8, the Lhasa Evening News reported that on October 27, 
the Lhasa Intermediate Court sentenced Wangdu (Wangdui), a former 
employee of an HIV/AIDS prevention project run by a foreign NGO, to 
life in prison for engaging in ``espionage'' on behalf of the ``Dalai 
clique.'' The paper also reported that six other Tibetans, including 
another former employee of a foreign NGO, Migmar Dhondup, received 
sentences ranging from eight to 15 years for ``espionage'' or 
``providing intelligence to foreigners.''
    Many prisoners were subject to the RTL system or other forms of 
detention not subject to judicial review.

    Political Prisoners and Detainees.--Due to the lack of independent 
access to prisoners and prisons, it was nearly impossible to ascertain 
the number of Tibetan political prisoners. Many prisoners were held in 
the extrajudicial RTL prisons operated by the Ministry of Public 
Security and never appeared in court. The number of political prisoners 
in Tibetan areas, estimated at 95 in 2007, rose sharply due to the 
March unrest. Although exact figures were unavailable, the TCHRD placed 
the number of Tibetans detained in the months following the protests at 
more than 6,500.
    Based on information available from the Congressional Executive 
Commission on China's (CECC) political prisoner database (PPD), at 
year's end there were 550 political prisoners imprisoned in Tibetan 
areas. However, the actual number of Tibetan political prisoners and 
detainees was believed to be much higher. Of the 550 documented 
political prisoners and detainees, 463 were detained on or after March 
10 and 385 political prisoners were Tibetan Buddhist monks and nuns. At 
year's end the CECC PPD contained sentencing information on only 20 of 
the Tibetan political prisoners. The judicial system imposed sentences 
on these 20 political prisoners ranging from one year to life 
imprisonment. An unknown number of prisoners continued to be held under 
the RTL system.
    On May 19, security forces reportedly arrested 12 monks from the 
Dingri Shelkar Choedhe Monastery for resisting patriotic education. On 
July 26, authorities reportedly arrested Asang Bersatsand, Ngoesoe 
Konkyaptsang, Jamsang, and Gadho from Nangchen County (Yushu) in 
Qinghai Province for protesting the Summer Festival.
    Prominent Buddhist figure Tenzin Delek Rinpoche remained in 
Sichuan's Chuandong Prison. Dozens of monks and nuns who resisted 
``patriotic education'' campaigns before the March protests continued 
serving prison terms.
    The following persons remained in prison: Rongye Adrak; Adak Lupoe, 
sentenced to 10 years in prison for ``endangering national security;'' 
Jarib Lothog, sentenced to three years in prison; Khenpo Jinpa, 
sentenced to three years in prison; Jarib Lothog; art teacher and 
musician Kunkhyen, sentenced to nine years in prison; Buchung; Penpa; 
Jigme Gyatso and Bangri Chogtrul Rinpoche; monk Choeying Khedrub from 
Nagchu Prefecture, sentenced to life in prison in 2001; Dawa (also 
called Gyaltsen Namdak), sentenced in 2006 to five years' imprisonment 
for allegedly distributing pamphlets containing political material; 
monk Lobsang Palden from Ganzi Monastery, charged in 2006 for 
initiating separatist activities based on his alleged possession of 
photographs of the Dalai Lama; teacher Dolma Kyab; Sherab Yonten, Sonam 
Gyelpo, and two others; and monk Tsering Dhondup.

    Denial of Fair Public Trial.--Legal safeguards for Tibetans 
detained or imprisoned were inadequate in both design and 
implementation. Twenty-one lawyers from across China who had 
volunteered free legal representation to detained Tibetans following 
the March protests received warnings from authorities not to take on 
such cases. The lawyers were questioned, threatened with punishment, 
and many were placed under police surveillance. One such attorney, 
Beijing-based lawyer Teng Biao, was barred from renewing his annual law 
license. Most judges in the TAR had little or no legal training. 
According to a TAR Bureau of Justice official, all seven cities and 
prefectures had established legal assistance centers that offered 
services in the Tibetan language. Prisoners may request a meeting with 
a government-appointed attorney, but in practice many defendants did 
not have access to legal representation. In cases involving state 
security, trials were often cursory and closed. By law maximum prison 
sentences for crimes such as ``endangering state security'' and 
``splitting the country'' are 15 years for each count, not to exceed 20 
years in total. Authorities frequently sentenced Tibetans for alleged 
support of Tibetan independence regardless of whether their activities 
involved violence.
    Authorities sentenced Tibetans convicted of crimes in connection 
with their participation in the March and April protests in mass 
sentencing trials, none of which were open to foreign observers despite 
repeated requests from the international community. On April 29, the 
Lhasa Intermediate People's Court sentenced 30 Tibetans to terms 
ranging from three years to life imprisonment. On June 19 and 20, the 
same court convicted an additional 12 persons. In October a third 
sentencing occurred with seven Tibetans (including Wangdu) receiving 
sentences ranging from eight years to life.
    During a secret trial in November, a court reportedly sentenced 81-
year-old Paljor Norbu, a Tibetan traditional painter, to seven years in 
prison. His relatives received neither official notification of his 
detention nor information regarding the charges against him. His 
whereabouts were unknown at year's end.

    Freedom of Speech and Press.--Tibetans who spoke to foreign 
reporters, attempted to relay information to foreigners outside China, 
or passed information regarding the March and April protests were 
subject to harassment or detention. According to Radio Free Asia (RFA), 
on April 19, authorities detained Nyima Drakpa in Tawu (Daofu) County, 
Sichuan Province, for allegedly passing information and sending photos 
of protests to a reporter in Hong Kong. On November 3, a court 
sentenced Norzin Wangmo, from Ngaba TAP in Sichuan Province, to five 
years in prison for passing news of the situation in Tibet.
    The Government continued to jam radio broadcasts of Voice of 
America's (VOA) and RFA's Tibetan-- and Chinese-language services and 
the Oslo-based Voice of Tibet. In Ganzi TAP, Sichuan Province, police 
confiscated or destroyed satellite dishes suspected of receiving VOA 
television broadcasts. Some Tibetans reported that at times they were 
able to receive such radio broadcasts despite frequent jamming. In the 
days following the March protests, official censors cut off satellite 
feeds from the BBC World News and CNN when the stations aired reports 
concerning the protests. Domestic media showed images of the March 14-
15 violence perpetrated by Tibetans in Lhasa, but did not provide 
domestic audiences with reporting on the violent official suppression 
thereof, or on the protests that continued throughout the year. 
Authorities reportedly also disrupted cell phone, landline, and 
Internet transmissions in Tibetan areas following the riots.
    The Government severely restricted travel by foreign journalists to 
Tibetan areas. Liberalized regulations governing foreign media coverage 
during the Beijing Olympic Games, which permitted unrestricted travel 
throughout China by foreign journalists, were made permanent in October 
but did not apply to foreign journalists traveling to the TAR.
    After the March unrest, authorities barred a foreign film crew in 
Xiahe, Gansu Province, from using email and ordered the crew not to 
report on police activities at Labrang Monastery. Officials also 
routinely denied foreign media representatives access to Tibetan areas 
throughout the spring, ostensibly out of concern for their safety.
    Domestic journalists reporting on repression in Tibetan areas faced 
punishment. Authorities at the Nandu Weekly demoted journalist Zhang 
Ping from his position as deputy editor after Zhang published an 
article critical of official censorship during the March unrest on his 
blog in April.

    Internet Freedom.--The Internet blog of well-known Tibetan poet and 
journalist Tsering Woeser, also known as Oser, remained inaccessible to 
Internet users inside China due to official Internet filtering. During 
the year hackers attacked Woeser's blog site and Skype account. 
Authorities also refused to issue Woeser a passport. Most foreign 
Tibet-related Web sites critical of official policy in the TAR were 
blocked to users in China year-round. Following the March protests, 
Internet Service Providers censored searches for news reports and 
blocked Web site footage of the protests. On March 20, Reporters 
Without Borders obtained a copy of a message from authorities in charge 
of Internet censorship banning Internet users from posting news about 
Tibetan events in Sichuan Province.
    Critics of China's Tibet policy were subject to Internet-related 
harassment. In the weeks after the March unrest, several Beijing-based 
foreign correspondents received death threats after their personal 
contact information, including mobile phone numbers, was revealed on 
the Internet.

    Academic Freedom and Cultural Events.--Authorities in Tibetan areas 
required professors and students at institutions of higher education to 
attend political education sessions in an effort to prevent separatist 
political and religious activities on campus. The Government controlled 
curricula, texts, and other course materials as well as the publication 
of historically or politically sensitive academic books (see Protection 
of Cultural Heritage). Academics in China who publicly criticized the 
Chinese Communist Party's (CCP) policies on Tibetan affairs faced 
official reprisal.

    Freedom of Religion.--While the law provides for freedom of 
religious belief, the level of repression in Tibetan areas increased 
significantly during the year, especially following the March unrest. 
Religious freedom often was restricted due to the Government's linkage 
of reverence for the Dalai Lama with political opposition to the 
Government and the CCP.
    Press and NGO reports suggested that continued tight government 
controls on religious practices and places of worship in Tibetan areas 
was a major factor leading to the widespread protests that began in 
March. Although 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, including worshipping the Dalai Lama.
    Although regional differences in religious freedom remained 
throughout the year, official respect for religious practice 
deteriorated sharply after the protests of March 10. Following the 
unrest in Lhasa of March 14 and 15, authorities locked down many 
monasteries across Tibetan areas, and detained and physically abused an 
unknown number of monks and nuns or expelled them from their 
monasteries. The Government expanded and intensified patriotic 
education campaigns in monasteries and nunneries, prompting additional 
rounds of protests through June. By year's end, according to reports 
from many monks and some abbots, considerably fewer monks and nuns 
resided in monasteries and nunneries than in the previous year.
    Since March authorities reportedly detained more than 80 nuns in 
Sichuan Province. On March 28-29, authorities arrested more than 570 
monks from Ngaba Kirti Monastery in Ngaba County (Aba Xian), Sichuan 
Province. On May 14, authorities arrested more than 55 nuns of Pangri 
Na Tashi Gepheling Nunnery in Kardze County. The nuns were peacefully 
demonstrating against the Government's handling of protesters, as well 
as official statements that the Dalai Lama had masterminded the 
protests.
    In August an annual religious festival normally attended by tens of 
thousands of persons at Labrang Monastery in Gansu Province was 
cancelled, reportedly due to official desire to prevent any incidents 
from taking place during the Olympic Games. While repression was less 
evident in Tibetan areas of Yunnan Province, many monks from Sichuan 
Province's Aba Prefecture fled to Chengdu and other areas to escape the 
Government's harsh official response to the March and April protests. 
As many as 80 percent of the approximately 2,500 monks at Kirti 
Monastery in Aba's Ngaba county left the monastery in June and July to 
avoid a continuing and increasingly intense patriotic education 
campaign.
    Following the March unrest, authorities forced many monks to attend 
weekly, sometimes daily, political education sessions. On April 3, the 
Government ordered officials across the TAR to conduct patriotic 
education programs at monastic institutions, workplaces, businesses, 
and schools. In some areas these political education campaigns involved 
forced denunciations of the Dalai Lama. Officials also forced monks to 
remove portraits of the Dalai Lama from prayer halls and personal 
residences, although enforcement varied significantly by region. 
Restriction on religious expression was most intense at high-profile 
monasteries, such as Labrang in Xiahe, Gansu Province, and Drepung and 
Sera near Lhasa.
    Security measures intensified in the TAR and other Tibetan areas 
during the Dalai Lama's birthday, sensitive anniversaries, and festival 
days. The prohibition on celebrating the Dalai Lama's birthday on July 
6 continued.
    The Government maintained and intensified its criticism of the 
Dalai Lama after the events of March 14 and 15, blaming him for 
instigating the widespread protests and rejecting claims that the 
protests signaled systemic problems with its Tibet policy. According to 
the domestic press, shortly after the events of March 14-15, Secretary 
of the CCP TAR Committee Zhang Qingli told regional officials that the 
Dalai Lama was ``a wolf in Buddhist monk's robes, an evil spirit with a 
human face and the heart of a beast.'' An official white paper released 
by the Government in September stated, ``the Dalai Lama and his clique 
are the chief representatives of the backward feudal serfdom system and 
culture of theocratic rule and religious despotism that used to 
prevail.''
    In May, July, and November Chinese government officials and 
representatives of the Dalai Lama held three rounds of discussions with 
no progress.
    The Government 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 widely displayed 
except at some high-profile monasteries and then only at the insistence 
of government leaders. However, photos of the previous Panchen Lama, 
his daughter, and the Karmapa (the leader of Tibetan Buddhism's Karma 
Kagyu schools and one of the most influential religious figures in 
Tibetan Buddhism who fled to India in 1999) were widely sold and 
displayed.
    The TAR had 1,750 registered religious venues. Government officials 
closely associated Buddhist monasteries with pro-independence activism 
in Tibetan areas.
    The Government restricts ethnic Han Buddhists from living and 
studying in monasteries in the TAR and other Tibetan areas. Monks 
outside the TAR who want to study in the TAR are required to obtain 
official permission from the religious affairs bureaus (RABs) of their 
home province and the TAR or Tibetan area involved, and such permission 
was not readily granted.
    Although Tibetan monks were not allowed to conduct large-scale 
religious teachings outside Tibetan areas, many monks continued to give 
private teachings to audiences in non--Tibetan regions of China. 
According to reports, ethnic Han Buddhists outside Tibetan areas were 
sometimes discouraged from inviting Tibetan monks to give teachings. 
Such visits required explicit permission from both the monk's local RAB 
and the receiving province's RAB. Nevertheless, Tibetan monks sometimes 
traveled in plain clothes outside the TAR to teach.
    Monasteries in the TAR were not allowed to establish relationships 
with other monasteries or hold joint religious activities.
    The Government continued to fund restoration efforts of religious 
and cultural sites as part of its program to develop tourism in Tibetan 
areas. The Xinhua News Agency reported that on April 18 the Government 
launched a RMB 570 million (approximately $83 million) program to 
preserve 22 historical and cultural sites in the TAR, including 15 
monasteries. The same report noted that, ``over the past two decades 
China has invested more than RMB 700 million to preserve and maintain 
more than 1,400 monasteries, cultural relics and religious sites.'' 
Nevertheless, many monasteries destroyed during the Cultural Revolution 
were not rebuilt or repaired, and others remained only partially 
repaired. Most recent restoration efforts were funded privately, 
although a few religious sites also received government support for 
reconstruction projects during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    Freedom of Movement.--The law provides for the freedom to travel; 
however, in practice the Government strictly regulated travel and 
freedom of movement of Tibetans. Many Tibetans, particularly prominent 
religious figures, scholars, and dissidents, as well as those from 
rural areas, continued to report difficulties obtaining passports.
    After March 14, freedom of movement in Tibetan areas was limited 
severely within Lhasa, throughout the TAR, and in Qinghai, Gansu, and 
Sichuan. The PAP and local Public Security Bureaus set up multiple 
roadblocks and checkpoints on major roads, in cities, and on the 
outskirts of monasteries. Following the March protests in Lhasa and 
other Tibetan communities, authorities sent many monks from outside the 
TAR back to their home monasteries even if they had resided in Lhasa 
monasteries for several years. Several monks also reported encountering 
severe difficulty traveling between monasteries following the March 
unrest. Authorities barred foreign nationals from entering most Tibetan 
areas. Movement in some areas opened up slightly at the end of the 
summer, and in late June foreign nationals with permission were allowed 
to travel to Lhasa again, although their movements within the city and 
surrounding areas remained restricted.
    Tibetans continued to encounter substantial difficulties and 
obstacles in traveling to India for religious, educational, 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. There were reports of 
arbitrary detention of persons, particularly monks and nuns, returning 
from India and Nepal. Detentions generally lasted for several months, 
although in most cases authorities did not bring formal charges against 
prisoners.
    The reinforcement of border controls during the year sharply 
reduced the number of people crossing the border into Nepal and India. 
The Tibet Reception Center in Dharamsala, India, received 627 visitors 
during the year.
    The Office of the UN High Commissioner for Refugees (UNHCR) 
reported a drastic reduction in the number of Tibetans who arrived at 
the Tibetan Reception Center in Nepal during the year. Arrivals 
virtually ceased following the breakout of unrest in March and the 
ensuing near closure of the China/Nepal border. At the end of the 
summer, Tibetans began to trickle across the border, but by year's end 
there were only 596 arrivals, compared to 2,156 in 2007. The few 
arrivals who succeeded in entering Nepal reported an intimidating 
police presence in the border areas. Monks and nuns also reported 
greater difficulty traveling within Tibet.
    The Dalai Lama, the Karmapa, and leaders of all other schools of 
Tibetan Buddhism remained in exile.
    The Government also regulated foreign travel to the TAR. In 
accordance with a 1989 regulation, foreign visitors were required to 
obtain an official confirmation letter issued by the Government before 
entering the TAR. Most tourists obtained such letters by booking tours 
through officially registered travel agencies. After the March 14 
demonstrations, access to the area by foreign nationals was impossible 
in practice. Authorities prohibited more than two dozen foreign 
reporters from entering Tibetan areas, and authorities forced some 
reporters to leave. According to Chinese press reports, the region 
reopened to domestic tourists on April 24 and foreign tourists on June 
25, although tourists and diplomats reported continued difficulty in 
securing permission to travel. Foreign diplomats must obtain permission 
from the TAR's Foreign Affairs Office for each visit to the TAR.
    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 not travel 
freely in most Tibetan areas outside the TAR after March 14. With the 
exception of a few highly controlled trips, authorities repeatedly 
denied requests for international observers to visit Tibetan areas to 
assess the situation, including a request by then UN High Commissioner 
for Human Rights Louise Arbour.

    National Minorities.--Although TAR census figures show that 
Tibetans made up 92 percent of the TAR's permanently registered 
population, official figures did not include a large number of long-, 
medium--, and short-term Han residents, such as cadres, skilled 
workers, unskilled laborers, military and paramilitary troops, and 
their dependents. Chinese social scientists estimated the number of 
this floating population, including tourists and visitors on short-term 
business trips, for Lhasa alone was more than 200,000 (nearly half the 
population of Lhasa and more than 10 percent of the TAR's population) 
during the May to November high season for tourism and migrant workers. 
Some Tibet experts in China asserted that the catastrophic May 12 
earthquake in Sichuan Province led to a temporary decrease in the TAR's 
migrant population as many migrants returned to their hometowns in the 
disaster area to assist relatives in rebuilding.
    Migrants to the TAR overwhelmingly were concentrated in urban 
areas, where government economic policies disproportionately benefited 
Han Chinese. Small businesses, mostly restaurants and retail shops, run 
by Han and Hui migrants predominated in cities throughout Tibetan 
areas. Tibetans continued to make up nearly 98 percent of the rural 
population, according to official census figures.
    Family planning policies permitted Tibetans and members of other 
minority groups to have more children than Han. Urban Tibetans, 
including CCP members, and some ethnic Han living in Tibetan areas, 
generally were limited to two children. Rural Tibetans were encouraged, 
but not always required, to limit births to three children.
    Since 2000 the Government implemented a resettlement campaign of 
Tibetan nomads into urban areas across the TAR and other Tibetan areas. 
Officials offered nomads monetary incentives to kill or sell their 
livestock and move to newly created Tibetan communities. However, 
reports existed of incidences of compulsory resettlement with promised 
compensation that either failed to materialize or was inadequate.
    In January 2007 TAR Party Secretary Zhang Qingli stated that the 
restructuring of Tibetan farming and grazing communities was not only 
to promote economic development but also to counteract the Dalai Lama's 
influence. He also stated that to do so was essential for ``continuing 
to carry out major development of west China.'' According to a December 
27 report by the Xinhua News Agency, during the year 57,800 TAR nomad 
and farming households were resettled into permanent housing. The 
report states ``to date, 860,000 farmers and herders from 170,000 
families have moved into the new houses.'' Improving housing conditions 
and education for Tibet's poorest were among the goals of resettlement, 
yet a requirement that villagers build houses according to strict 
official specifications within two or three years often forced 
resettled families into debt to cover construction costs.
    Although a 2007 state media report noted that Tibetans and other 
minority ethnic groups made up 60 percent of government employees in 
the TAR, ethnic Han continued to hold the top CCP positions in nearly 
all counties and prefectures, including that of TAR party secretary. 
Tibetans holding government positions were prohibited from worshipping 
at monasteries or practicing their religion.
    The economic and social exclusion of Tibetans was a major reason 
why such a varied cross section of Tibetans, including business 
operators, workers, students, university graduates, farmers, and 
nomads, participated in the protests. Some Tibetans reported that they 
experienced discrimination in employment and claimed that Han Chinese 
were hired preferentially for many jobs and received greater pay for 
the same work. Some Tibetans reported that it was more difficult for 
Tibetans than Han to obtain permits and loans to open businesses. The 
use of the Mandarin language was widespread in urban areas, and many 
businesses limited employment opportunities for Tibetans who did not 
speak Mandarin.
    The TAR tourism bureau continued its policy of refusing to hire 
Tibetan tour guides educated in India or Nepal. Government officials 
stated that all tour guides working in the TAR were required to seek 
employment with the Tourism Bureau and pass a licensing exam on tourism 
and political ideology. The Government's stated intent was to ensure 
that all tour guides provided visitors with the Government's position 
opposing Tibetan independence and the activities of the Dalai Lama. 
Some ethnic Tibetan tour guides in the TAR complained of unfair 
competition from government-sponsored ``Help Tibet'' tour guides 
brought in from outside the TAR and put to work after receiving a crash 
course on Tibet.

    Women and Children.--There were no formal restrictions on women's 
participation in the political system, and women held many lower-level 
government positions. However, women were underrepresented at the 
provincial and prefecture levels of government. According to an 
official Web site, female cadres in the TAR accounted for more than 30 
percent of the TAR's total cadres.
    There was no information on the incidence of rape or domestic 
violence.
    Prostitution was a growing problem in Tibetan areas, and hundreds 
of brothels operated semi-openly in Lhasa. International development 
workers in the TAR reported there were no reliable data on the number 
of persons engaged in the commercial sex trade in Lhasa and Shigatse, 
the TAR's two largest cities, although some estimates placed the number 
as high as 10,000. Some of the prostitution occurred at sites owned by 
the CCP, the Government, and the military. Most prostitutes in the TAR 
were ethnic Han women, predominantly from Sichuan Province. However, 
some ethnic Tibetans, mainly young girls from rural or nomadic areas, 
also engaged in prostitution. While the incidence of HIV/AIDS among 
those in prostitution in Tibetan areas was unknown, the TAR Health 
Bureau reported 56 cases of HIV/AIDS in the TAR between 1994 and 2007. 
Lack of knowledge about HIV transmission and economic pressures on 
women and girls in prostitution to engage in unprotected sex made them 
particularly vulnerable.
    The TAR is one of the few areas of China that does not have a 
skewed sex ratio resulting from sex-selective abortion and inadequate 
health care for female infants.
    According to official policy, primary education was compulsory, 
free, and universal. According to official TAR statistics, 96.5 percent 
of children between the ages of six and 13 attended school, and 90 
percent of the TAR's 520,000 primary school students completed lower 
middle school, for a total of nine years of education. In 2003 the UN 
Special Rapporteur on the Right to Education reported that official 
Chinese education statistics did not accurately reflect attendance and 
were not independently verified. Miscellaneous fees for the TAR's 
131,000 middle school students were abolished in 2007.

    Protection of Cultural Heritage.--Rapid economic growth, the 
expanding tourism industry, the resettlement of nomads, and the 
introduction of more modern cultural influences continued to disrupt 
traditional living patterns and customs.
    The 2002 revision of the 1987 ``Regulation on the Study, Use, and 
Development of the Tibetan Language in the TAR'' formally lowered the 
status of the Tibetan language from the primary working language to an 
optional language in many official contexts.
    The Dalai Lama and other observers expressed concern that 
development projects and other central government policies 
disproportionately benefited non--Tibetans and continued to promote a 
considerable influx of Han, Hui, and other ethnic groups into the TAR. 
The opening of the Qinghai--TAR railroad in 2006 increased migration of 
non--Tibetans into the TAR. The Government reported the railroad 
carried 1.5 million passengers in 2007, approximately half of whom were 
non-tourists.
    Residents lacked the right to play a role in protecting their 
cultural heritage, including their environment. In 2007 the TAR 
government revised the TAR Cultural Relics Protection Regulations, 
asserting ownership over religious relics and monasteries. In recent 
years the Government attempted to restore some temples and other 
physical vestiges of Tibetan Buddhism and culture that were damaged or 
destroyed before and during the Cultural Revolution.
    Tibetan and Mandarin are official languages in the TAR, and both 
languages appear on public and commercial signs. Mandarin was widely 
spoken and was used for most official communications. The illiteracy 
rate among Tibetans was more than five times higher (47.6 percent) than 
the national average (9.1 percent), according to 2000 census data. In 
many rural and nomadic areas, children received only one to three years 
of Tibetan-language education before continuing their education in a 
Mandarin-language school. According to official figures, the illiteracy 
rate was 15 percent at the end of 2005. However, the illiteracy rate 
for this group was much higher in some areas. According to a 2006 
report by the Xinhua News Agency, a looser definition of literacy was 
used for Tibetan speakers than for Mandarin speakers in rural Tibet. 
Tibetan-speaking peasants and nomads were considered literate if they 
could read and write the 30 letters of the Tibetan syllabary and read 
and write simple notes. Mandarin-speaking nomads and herders were 
considered literate if they could recognize 1,500 Chinese characters.
    The Government established a comprehensive national Tibetan-
language curriculum, and many elementary schools in Tibetan areas used 
Tibetan as the primary language of instruction. Tibetan students also 
were required to study Chinese, and Chinese generally was used to teach 
certain subjects, such as arithmetic and science. 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 all other classes in Chinese.
    As a practical matter, proficiency in Mandarin was essential to 
qualify for higher education. China's most prestigious universities 
provided instruction only in Mandarin, while the lower-ranked 
universities established to serve ethnic minority students only offered 
Tibetan-language instruction in courses focused on the study of the 
Tibetan language or culture. At the minority universities, Tibetans and 
other ethnic minority students typically achieved high proficiency in 
Mandarin, since much of the curriculum, such as computer and business 
courses, was in Mandarin.
    Leading universities generally required English language 
proficiency for matriculation. Most graduates of Tibetan schools, 
however, learned only Mandarin and Tibetan and were thus unable to 
attend the better universities. This resulted in a shortage of Tibetans 
trained in science and engineering and, consequently, a near total 
reliance on imported technical specialists from outside the TAR to work 
on development projects inside the TAR.


                               HONG KONG

    Hong Kong, with a population of approximately seven million, 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 SAR's constitution, the Basic Law of the SAR (the Basic 
Law), specify that Hong Kong will enjoy a high degree of autonomy 
except in matters of defense and foreign affairs. In September, in 
generally free and fair elections, the Fourth Term Legislative Council 
(LegCo) was elected from a combination of geographic and functional 
constituencies. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens, although core issues remained. The terms of the Basic Law 
limit the ability of citizens to participate in and change their 
government. Claims of press self-censorship persisted. The legislature 
was limited in its power to introduce or amend legislation and could 
not approve executive appointments. Violence against women remained a 
concern. Workers had a number of problems, including a minimum wage and 
a guaranteed right to 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 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

    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 torture and other forms of abuse, 
and the Government generally observed the prohibition in practice. In 
the first half of the year, there were 189 allegations of assault by 
police officers on persons in detention. As of June, 81 of the officers 
had been investigated with results endorsed by the Independent Police 
Complaints Council (IPCC); the rest were pending at year's end. 
Investigations found one case to be unsubstantiated, five to be false, 
and 10 to be not pursuable; the remaining 65 allegations were 
withdrawn. Forty--two cases of assault by police officers on persons 
not in custody were filed, with 26 pending investigation as of June. 
Investigations into the remaining 16 were endorsed by the IPCC, with 
four cases found not pursuable and 12 complaints withdrawn.
    Police use of strip searches during detentions of protesters and 
criminal suspects prompted public complaints and a formal LegCo query. 
Media reported concerns about, and the legislature raised questions 
regarding, police use of strip searches. An IPCC review of one case led 
the Police Department's Complaints Against Police Office (CAPO) to rule 
in July that repeated searches conducted each time an individual 
entered and departed a holding facility were incorrect. In response the 
police revised the guidelines for conducting both regular searches and 
searches involving removal of some or all of the detained person's 
garments.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers and the media; however, 
there were no requests during the year. For the first six months of the 
year, the average prison occupancy rate was 96 percent. Overcrowding 
occurred in some prisons, particularly in maximum security prisons, 
which operated at an average occupancy rate of 112 percent.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest or detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police, and the Government had 
generally effective mechanisms to investigate and punish abuse and 
corruption.
    There were no reports of impunity involving the security forces 
during the year. On July 12, LegCo passed a bill granting a statutory 
basis to the existing IPCC, which is charged with overseeing the CAPO. 
The IPCC has a number of authorities to monitor investigations 
undertaken by CAPO, including the authority to raise questions 
regarding investigations and to request investigative documents. IPCC 
members and observers are also empowered to attend any interview 
conducted by the police concerning a reportable complaint and observe 
the collection of evidence by the police in the investigation of a 
reportable complaint at any time and without prior appointment. 
However, human rights activists and some legislators expressed concern 
that all IPCC members are appointed by the chief executive and that the 
IPCC's lack of power to conduct independent investigations limits its 
oversight capacity. While the UN Committee Against Torture ``welcomed 
the enactment of the Independent Police Complaints Council 
Ordinance...and the new Guidelines on Searching of Detained Persons,'' 
it ``recommended that Hong Kong continue to take steps to establish a 
fully independent mechanism mandated to receive and investigate 
complaints on police misconduct.''

    Arrest and Detention.--Suspects were apprehended openly with 
warrants based on sufficient evidence and issued by a duly authorized 
official. Suspects must be charged within 48 hours or released, and the 
Government respected this right in practice. There is a functioning 
bail system, and detainees are allowed prompt access to a lawyer and 
family members. The law provides accused persons with the right to a 
prompt judicial determination.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. The judiciary, underpinned by the Basic Law's 
provision that the common law tradition be maintained, provided 
citizens with a fair and efficient judicial process. The courts may 
interpret those provisions of the Basic Law that address matters within 
the limits of the SAR's autonomy. The courts also interpret provisions 
of the Basic Law that touch on mainland government responsibilities or 
on the relationship between the central authorities and the SAR. 
However, before making final judgments on these matters, which are not 
subject to appeal, the courts must seek an interpretation of the 
relevant provisions from the Standing Committee of the National 
People's Congress (NPCSC). The Basic Law requires that courts follow 
the NPCSC interpretation of Basic Law provisions, although judgments 
previously rendered are not affected. As the final interpreter of the 
Basic Law, the NPCSC also has the power to initiate interpretations of 
the Basic Law.
    The NPCSC's mechanism for interpretation is its Committee for the 
Basic Law, composed of six mainland and six Hong Kong members. The 
chief executive, the LegCo president, and the chief justice nominate 
the Hong Kong members. Human rights and lawyers' organizations 
expressed concern that this process, which can supersede the Court of 
Final Appeal's power of final adjudication, could be used to limit the 
independence of the judiciary or could degrade the court's authority.

    Trial Procedures.--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. An 
attorney is provided at the public's expense if defendants cannot 
afford counsel. Defendants can confront and question witnesses 
testifying against them and present witnesses to testify on their 
behalf. Defendants and their attorneys have access to government-held 
evidence relevant to their cases. Defendants have the right of appeal.
    Defendants enjoy a presumption of innocence except 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 who controls monies or 
property disproportionate to his official income, is guilty of an 
offense unless he can satisfactorily explain the discrepancy. In 
practice the courts upheld this ordinance. Court is conducted in either 
Cantonese or English, the SAR's two official languages.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters and access to a court to 
bring lawsuits seeking damages for, or the cessation of, human rights 
violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
    The Office of the Privacy Commissioner for Personal Data works to 
prevent the misuse, disclosure, or matching of personal data without 
the consent of the subject individual or the commissioner. Certain 
exemptions allow authorities to transfer personal data to a PRC body 
for safeguarding the security, defense, or international relations of 
the SAR and for the prevention, detection, or prosecution of a crime.
    The use of covert surveillance and the interception of 
telecommunications and postal communications can be granted only to 
prevent or detect ``serious crime'' or protect ``public security.'' A 
2006 law established a two-tiered system for granting approval for 
surveillance activities, under which surveillance of a more intrusive 
nature requires the approval of a judge, and surveillance of a less 
intrusive nature requires the approval of a senior law enforcement 
official. Applications to intercept telecommunications must involve 
crimes with a penalty of at least seven years' imprisonment, while 
applications for covert surveillance must involve crimes with a penalty 
of at least three years' imprisonment or a fine of at least HK$1 
million (approximately $128,000).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice.
    The Code of Ethics of the Hong Kong Journalists Association (HKJA) 
states that ``a journalist shall not lend himself/herself to the 
distortion or suppression of the truth because of advertising or other 
considerations.'' However, reports of media self-censorship continued 
during the year. Most media outlets were owned by businesses with 
interests on the Mainland, which led to claims that they were 
vulnerable to self-censorship. The Hong Kong University Public Opinion 
Program reported that an average of 45.8 percent of polled respondents 
believed that news media practiced self-censorship, down 3 percent from 
2007. According to a 2007 Lingnan University survey, 29.5 percent of 
respondents within the industry said they practiced self-censorship. In 
its July annual report, the HKJA expressed concern that rising 
nationalism could threaten press freedom. The HKJA report noted a 
growing reluctance on the part of many media outlets to address 
mainland issues that were sensitive to the Government in Beijing. These 
included matters of national security, including dissident and 
separatist activities, as well as human rights issues, corruption, and 
allegations of illegal land transfers and sales.
    Although Secretary for Security Ambrose Lee stressed that the right 
of protest during the 2008 Olympics and the right of persons from 
abroad to travel to Hong Kong to participate in those protests would be 
honored, he faced criticism for stating that those seen as seeking to 
disrupt the Olympics would be barred from entry to the SAR. In advance 
of Olympic events and the Olympic torch relay, some critics of the PRC 
were barred, including Western critics of PRC policy on Darfur.
    On April 29, Zhang Yu, Secretary-General of the Independent Chinese 
PEN Center, who was traveling to Hong Kong to chair a World Press 
Freedom Day conference and participate in other human rights 
activities, was denied permission to enter.
    The publication or importation of print or other media is subject 
to regulation by provisions to safeguard the interest of readers, as in 
the case of obscene print materials and other media not regulated by 
the Broadcasting Ordinance.
    Controversy continued over the independence of government-owned and 
-operated Radio Television Hong Kong (RTHK). In 2007 a government-
appointed review panel recommended that a new public service 
broadcaster be established, but the panel did not comment on the future 
of RTHK. Several media groups criticized the findings, noting that RTHK 
was already widely accepted as an independent public broadcaster. Media 
groups criticized the composition of the panel, none of whose members 
were public broadcasting experts. The panel's findings were widely 
interpreted as a threat to media freedom. At year's end, although a new 
program director had been appointed, the Government had not decided the 
fate of RTHK.
    International media organizations operated freely. Foreign 
reporters needed no special visas or government-issued press cards. The 
independent media were active and expressed a wide variety of views 
without restriction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that government monitored e-mail or Internet 
chat rooms. Commercial Internet service was widely available, including 
a number of government-supplied wireless (WiFi) ``hot spots'' and 
public and commercial venues in which WiFi or other access was provided 
at no charge to visitors and customers. Individuals and groups could 
engage in the peaceful expression of views via the Internet, including 
by e-mail.

    Academic Freedom and Cultural Events.--There were generally no 
restrictions on academic freedom and cultural events.

    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 Government routinely issued the 
required permits for public meetings and demonstrations.
    Some activists alleged instances of police using any physical 
contact between protesters and police as a basis to detain protesters 
on charges of assaulting police. In July a magistrate dismissed the 
case of an activist detained in 2007 on charges of interfering with and 
assaulting police officers. Media reported that video footage taken by 
a witness showed aggressive police behavior, while the activist himself 
remained calm and did not initiate physical contact with police. The 
activist further reported to media that officers assaulted him and 
others detained at the scene and at the police station.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.

    Societal Abuses and Discrimination.--No major societal abuses or 
acts of religious discrimination, including anti--Semitic acts against 
the small Jewish community, were reported during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides residents freedom of 
movement, freedom of emigration, and freedom to enter and leave the 
territory, and the Government generally respected these rights in 
practice, with some prominent exceptions. Although the SAR is not party 
to the 1951 Convention on Refugees, the Government cooperated with the 
Office of the UN High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in providing temporary permission to enter 
the SAR and assistance to internally displaced persons, refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern.
    Most residents easily obtained travel documents from the SAR 
government; however, limits on travel to the Mainland were sometimes 
imposed by the mainland government on outspoken political figures.
    Government policy was to repatriate undocumented migrants who 
arrive from the Mainland, and authorities were not able to consider 
them for refugee status under the ``one country, two systems'' 
framework. During the first half of the year, 1,352 migrants were 
repatriated to the Mainland. The Government does not recognize the 
Taiwan passport as valid for visa endorsement purposes, although 
convenient mechanisms exist for Taiwan passport holders to visit Hong 
Kong.
    The law does not provide for, and the Government did not use, 
forced exile.
    PRC authorities do not permit some Hong Kong human rights activists 
and most prodemocracy legislators to visit the Mainland. An exception 
to this general practice occurred following the Sichuan earthquake, as 
LegCo President Rita Fan led a delegation including democratic 
legislators normally barred from the Mainland to view quake sites and 
reconstruction efforts.

    Protection of Refugees.--The 1951 UN Convention relating to the 
Status of Refugees and its 1967 protocol do not extend to Hong Kong, 
and the SAR has no temporary protection policy. The director of 
immigration has discretion to grant refugee status or asylum on an ad 
hoc basis, but only in cases of exceptional humanitarian or 
compassionate need. The Immigration Ordinance does not provide 
foreigners the right to have asylum claims recognized. The Government's 
practice was to refer refugee and asylum claimants to a lawyer or the 
UNHCR. In November the UN Committee Against Torture expressed concern 
that there was ``still no legal regime governing asylum and 
establishing a fair and efficient refugee status determination 
procedure.''
    In 2006, due to budget cuts, the UNHCR stopped providing financial 
support to individuals awaiting status assessment. In response the 
Government began offering limited allowances to adult claimants through 
its Social Welfare Department. As of November 30, approximately 2,879 
persons were receiving assistance-in-kind, based on the needs assessed 
by professional workers, under the Government support program. The 
UNHCR worked with potential host country representatives to resettle 
persons designated as refugees.
    A July court of appeal decision found current policies regarding 
detention of persons seeking relief from removal to be at odds with the 
Bill of Rights Ordinance, because the grounds by which the director of 
immigration made determinations that a person should be detained were 
not sufficiently ``certain and accessible.''
    The High Court ruled in favor of six applicants for relief from 
removal under the Convention Against Torture; they had challenged the 
SAR's process for handling their applications in a December 2007 case. 
The High Court found the SAR's process flawed in that it made no 
provision for applicants to have counsel present during completion of 
their application questionnaires (including free counsel for those 
unable to afford their own). The court also struck down the system of 
having one officer conduct the interview portion of the application 
while another officer made the decision to grant or deny relief without 
firsthand contact with the applicant. The court further determined that 
the appeal process must grant both the opportunity for an oral hearing 
with officials making the determination and access by the applicant to 
any external advice given to the Security Bureau or Immigration 
Department in making a determination on the application.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The right of residents to change their government peacefully is 
limited by the Basic Law, which provides for the selection of the chief 
executive by an 800-person election committee (composed of individuals 
who are directly elected, indirectly elected, and appointed). The Basic 
Law provides for the direct election of 30 of the 60 LegCo members and 
the inclusion of appointed members to the elected district councils. 
The approval of the chief executive, two-thirds of the LegCo, and two 
thirds of Hong Kong's delegates to the Mainland's National People's 
Congress (NPC) is required to place an amendment of the Basic Law on 
the agenda of the NPC, which has the sole power to amend the Basic Law.

    Elections and Political Participation.--In March 2007 the Chief 
Executive Election Committee selected incumbent Donald Tsang. In April 
2007 Tsang was appointed as chief executive, and the mainland 
government approved his new cabinet in June 2007.
    On September 7, Hong Kong voters in six geographic constituencies 
elected 30 legislators, half of the total LegCo, in elections that were 
generally free and fair. A record number of candidates, both party 
affiliated and independent, contested the elections. Concerns were 
raised over the use of exit polling data by organizations with 
political party affiliations to assist parties in directing their 
supporters to support particular candidates. Use of polling is not 
illegal if the data is not publicly released prior to the close of the 
polls; however, the question was raised whether polling activities in 
support of particular political parties should be recognized as an 
official election expense subject to the monetary limits and reporting 
requirements of the law.
    The other 30 seats in the LegCo were elected by 28 functional 
constituencies (FCs), which represent key economic and social sectors. 
The 28 FCs represent only 230,000 voters, less than the electorate in a 
single geographic constituency. Of this number of voters, 150,000 are 
represented by the three largest FCs, while the four smallest have less 
than 200 voters. FCs set their own voting rules, with some allowing 
heads of corporations to vote on behalf of their companies. Persons 
with interests in more than one sector represented by an FC may thus be 
able to cast three or more votes (one in their geographic constituency 
and one in each FC for which they meet eligibility requirements). 
Fourteen FC seats were returned uncontested, which spurred critics to 
renew calls that the FCs be abolished in the process of establishing a 
LegCo elected by universal suffrage.
    As of October 31, the Independent Commission Against Corruption 
(ICAC) had received 108 complaints related to the LegCo elections on 
September 7. Of these, approximately 60 percent concerned corrupt 
conduct and 30 percent to illegal conduct.
    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 LegCo from putting forward bills that affect public 
expenditure, political structure, or government policy. 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'' to block private member bills, and 
the president of LegCo has upheld the Government's position.
    District councils are responsible for advising the Government on 
matters affecting the well-being of district residents, the provision 
and use of public facilities, and 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 of 529 of 
the district councilors, and he exercised this power in practice.
    Hong Kong sends 36 delegates to the NPC. Four pandemocratic 
candidates were among the 50 candidates for the NPC, but none was 
selected by the NPC electoral committee for the 36-member Hong Kong 
delegation.
    Women were elected to seven of the 30 directly elected LegCo seats 
and four of the 30 functional constituency seats. Women made up between 
17 and 23 percent of the membership in the major political parties. 
Four political parties or movements represented in the LegCo were 
headed by women, and several women were party vice chairs. More than 
one-third of civil servants were women, and four of the 22 most senior 
government officials were women.
    There is no legal restriction against non--Chinese standing for 
electoral office or participating in the civil service, although some 
positions require that the office holder have legal right of abode only 
in Hong Kong. There were no ethnic minorities in the LegCo, but there 
were a number of ethnic minorities in senior civil service positions.

    Government Corruption and Transparency.--There were isolated 
reports of government corruption, and the Government sought to combat 
official corruption through the Prevention of Bribery Ordinance and the 
ICAC.
    By the end of September, the ICAC had received 2,549 reports of 
corruption (a 5 percent decrease over the same period in 2007), of 
which 743 were related to the Government (an increase of 2 percent from 
2007). The ICAC completed 285 prosecutions involving 246 individuals 
(an increase of 6 percent over 2007).
    The SAR requires government officials to declare their financial 
investments--annually for the 27 most senior civil service positions 
and biennially for approximately 3,100 senior working-level officials. 
Policy bureaus may also impose additional reporting requirements for 
positions seen as having a greater risk of conflict of interest.
    The law provides for access to government information with 
exceptions that are narrowly defined and could be appealed; in practice 
such information was provided to both citizens and noncitizens.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views. Prominent 
human rights activists critical of the mainland government also 
operated freely and maintained permanent resident status in Hong Kong.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides that all residents are equal, and the Government 
enforced these rights in practice.

    Women.--Violence against women continued to be a problem, although 
the Government took measures against it. The Statute Law (Miscellaneous 
Provisions) Bill criminalizes marital rape, and the Crimes Ordinance 
expressly states that ``unlawful sexual intercourse'' could be applied 
both outside and inside the bounds of marriage. From January to June, 
47 rape cases and 683 indecent assault cases were reported to the 
police.
    The Government regarded domestic violence against women a serious 
concern and took effective measures to prevent and prosecute offenses. 
Between January and June, there were 3,103 cases of spousal battery and 
408 cases of child abuse reported to the Social Welfare Department, 
which receives reports from the police, social workers, the Health 
Department, and volunteer organizations. The Domestic Violence 
Ordinance allows victims to seek a three-month injunction, extendable 
to six months, against an abuser. The ordinance does not criminalize 
domestic violence directly, although abusers may be liable for criminal 
charges under other ordinances, including the Crime Ordinance and the 
Offences Against the Person Ordinance. The Government enforced the law 
and prosecuted violators, but sentences typically consisted only of 
injunctions or restraining orders.
    On August 1, Hong Kong's Domestic Violence (Amendment) Ordinance 
took effect. It expands the scope of previous law to cover molestation 
between married couples and heterosexual cohabitants, former spouses or 
cohabitants, and immediate and extended family members. The revised law 
provides better protection for victims under age 18, allowing them to 
apply for an injunction in their own right, with the assistance of an 
adult guardian, against molestation by their parents, siblings, and 
specified immediate and extended family members. The new law also 
empowers the court to require the abuser to attend an antiviolence 
program. In cases where the abuser caused bodily harm, the court may 
attach an authorization of arrest to an existing injunction, and both 
injunctions and authorizations for arrest can be extended to two years 
under the new law.
    The Government maintained programs that provide intervention and 
counseling to batterers. There were eight Integrated Family Service 
Centres and Family and Child Protective Services Units, which offered 
services to domestic violence victims and batterers. The Government 
also continued its publicity campaign to strengthen families and combat 
violence and increased public education on the prevention of domestic 
violence.
    Prostitution is legal, but there are laws against activities such 
as public solicitation, causing or procuring another to be a 
prostitute, living on the prostitution of others, or keeping a vice 
establishment.
    The Sex Discrimination Ordinance prohibits sexual harassment of 
women seeking employment or already working in an organization. As of 
July 31, 51 complaints of sexual harassment had been reported to the 
Equal Opportunity Commission (EOC).
    The law prohibits discrimination based on gender. According to the 
results of the General Household Survey conducted by the Census and 
Statistics Department, there were 1,659 men for every 1,000 women 
employed as professionals in the July--September period. Approximately 
22 percent of judicial officers and judges were women.
    While the law treats men and women equally in terms of property 
rights in divorce settlements and inheritance matters, in practice 
women faced discrimination in employment, salary, welfare, inheritance, 
and promotion. Women reportedly formed the majority of the working poor 
and those who fall outside the protection of labor laws.
    The Government established a Women's Commission as an advisory body 
for policy making, while the EOC oversaw enforcement of the Sex 
Discrimination Ordinance. A number of nongovernmental organizations 
(NGOs) were also active in raising problems of societal attitudes and 
discrimination against women.

    Children.--The Government supported children's rights and welfare 
through well-funded systems of public education, medical care, and 
protective services.
    From January to June, there were 427 child abuse cases reported to 
the Social Welfare Department: 238 involved physical abuse (referring 
to victims younger than 14 years of age), and 125 involved sexual abuse 
(referring to victims younger than 17 years of age). The Domestic 
Violence Ordinance mandates substantial legal penalties for acts of 
child abuse such as battery, assault, neglect, abandonment, sexual 
exploitation, and child sex tourism, and the Government enforced the 
law.
    The Government provided parent education programs, including 
instruction on child abuse prevention, in all 50 of the Department of 
Health's maternal and child health centers. It also provided public 
education programs to raise awareness of child abuse and alert children 
about how to protect themselves. The Social Welfare Department provided 
child psychologists for its clinical psychology units and social 
workers for its family and child protective services units. The police 
maintained a child abuse investigation unit and a child witness support 
program. A law on child care centers helped prevent unsuitable persons 
from providing child care services.
    Social service providers and the media tracked a rise in the 
incidence of ``compensated dating'' among minor girls. The majority of 
cases appeared to involve teenage girls, both above and below the age 
of consent, who advertised escort services that might include sex, 
either to support themselves or for extra pocket money. However, in 
September police raided the operations of a syndicate employing both 
minors and women of legal age involved essentially in prostitution 
services. Some women involved in the trade reported being beaten or 
abused by clients. In response to this trend, police began monitoring 
Internet chat rooms and Web sites used by both individuals and 
syndicates to advertise services, with officers assigned to gather 
evidence against the operations and determine the techniques used by 
syndicates to recruit the girls.

    Trafficking in Persons.--There is no consolidated antitrafficking 
law; however, various laws and ordinances 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 a small number of persons trafficked for 
sexual exploitation from the Mainland and Southeast Asia. The SAR 
government stated that it was difficult to identify trafficking victims 
from among the larger group of illegal immigrants.
    Nearly all trafficking victims initially came to Hong Kong 
willingly to engage in prostitution. Most came from rural areas of the 
Mainland, Thailand, or the Philippines on 14-day tourist visas, 
although a very small number entered using forged documents. The 
overwhelming majority were women, although an increasing number of 
young men came to work as homosexual prostitutes. While many came on 
their own, some were lured by criminal syndicates and promises of 
financial rewards but faced circumstances of debt bondage. Syndicates 
sometimes held passports and travel documents until debts were paid.
    Provisions in the Immigration Ordinance, the Crimes Ordinance, the 
Employment Ordinance, and other relevant laws enable law enforcement 
authorities to take action against trafficking in persons. The Security 
Bureau, which also combats migrant trafficking and oversees the police, 
customs, and immigration departments, enforces antitrafficking laws. 
The courts can impose heavy fines and prison sentences of up to 14 
years for activities such as arranging passage of unauthorized 
entrants, arranging entrance or exit of a person for the purpose of 
prostitution, and aiding and abetting any person to use forged, false, 
or unlawfully obtained travel documents. Law enforcement officials 
received special training on handling and protecting victims and 
vulnerable witnesses, including victims of trafficking.
    There were no reports that government officials participated in, 
facilitated, or condoned trafficking, and no officials were prosecuted, 
convicted, or sentenced to time in prison or were removed from their 
duties for trafficking during the year.
    The Government provided legal aid to those taking legal action 
against an employer and immunity from prosecution for those assisting 
in the investigation and prosecution of traffickers. The Social Welfare 
Department and local NGOs provided an array of social services to 
victims of trafficking. The Government also tried to prevent 
trafficking by distributing pamphlets and other public messaging 
campaigns, in a wide range of languages, on workers' rights.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
access to health care, or the provision of other state services, and 
the Government effectively enforced these provisions. In the first 
seven months, the Labour Department's Selective Placement Division 
found jobs for 1,512 job seekers with disabilities out of 2,091 on the 
register. As of March the Government employed 3,225 civil servants with 
disabilities, out of a total workforce estimated at 155,000.
    Nevertheless, instances of discrimination against persons with 
disabilities 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. 
Despite inspections and the occasional closure of noncompliant 
businesses under the Buildings Ordinance, access to public buildings 
(including public schools) and transportation remained a serious 
problem for persons with disabilities.
    The EOC sponsored a variety of activities to address discrimination 
against persons with disabilities, including offering youth education 
programs, distributing guidelines and resources for employers, carrying 
out media campaigns, and cosponsoring seminars and research.

    National/Racial/Ethnic Minorities.--Although 95 percent ethnic 
Chinese, Hong Kong is a multiethnic society with persons from a number 
of ethnic groups recognized as citizens or legal permanent residents of 
the SAR. Discrimination based on race is prohibited by law, and the EOC 
oversees implementation and enforcement of the Race Discrimination 
Ordinance passed during the year. The Race Relations Unit, which is 
subordinate to the Constitutional and Mainland Affairs Bureau, served 
as secretariat to the Committee on the Promotion of Racial Harmony and 
implemented the committee's programs. The unit also maintained a 
hotline for enquiries and complaints concerning racial discrimination.
    Opponents of the new Race Discrimination Ordinance believed that it 
lacked the clear statements of applicability to government agencies 
found in the Sex Discrimination Ordinance and similar legislation. The 
Government argued in turn that the law, if broadened in some areas, 
could affect the Government's ability to function, including in areas 
meant to correct societal inequities, and might open the Government up 
to litigation. The Government further argued that, in areas not covered 
by the Race Discrimination Ordinance, the Hong Kong Bill of Rights 
Ordinance provided sufficient guarantees.
    While English and Cantonese are the two official languages, persons 
not fluent and literate in Cantonese faced tremendous challenges in 
seeking employment and in choice of education. The Constitutional and 
Mainland Affairs Bureau sponsored a ``Cross--Cultural Learning 
Programme for Non--Chinese Speaking Youth'' through grants to NGO 
service providers.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation. Human 
rights activists expressed concern that while the new Domestic Violence 
(Amendment) Ordinance covers unmarried heterosexual partnerships, it 
does not extend the same protection to homosexual partnerships.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
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 and must have a minimum membership of seven 
persons for registration. At the end of June, there were 782 registered 
trade unions, comprising 739 employee unions, 19 employers' 
associations, and 24 mixed organizations of employees and employers. In 
the first half of the year, 13 new unions were registered and six 
unions were deregistered upon request.
    According to a 2008 International Trade Union Confederation (ITUC) 
survey, almost 25 percent of Hong Kong's labor force was unionized.
    The 1997 Employment and Labor Relations (Miscellaneous Amendments) 
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.
    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. In addition there is 
no legal entitlement to reinstatement in the case of unfair dismissal.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize, and this right was implemented in 
practice; however, it does not guarantee the right to collective 
bargaining. The 1997 Employment and Labor Relations (Miscellaneous 
Amendments) Ordinance does not provide a legal framework for trade 
unions to engage employers in collective bargaining. In all but a few 
specific trades, 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. According to the 
ITUC report, only 1 percent of the workforce was covered by collective 
agreements, and these were not legally binding.
    The Workplace Consultation Promotion Unit in the Labour Department 
facilitated communication, consultation, and voluntary negotiation 
between employers and employees. Tripartite committees for each of the 
nine sectors of the economy included representatives from some trade 
unions, employers, and the Labour Department.
    There is no provision guaranteeing reinstatement of workers 
dismissed because of their trade union membership.
    There are no export processing zones in the SAR.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, and there were no reports that such 
practices occurred. 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 prohibits employment of children 
under the age of 15 in any industrial establishment. Children 13 and 14 
years of age may work in certain nonindustrial establishments, subject 
to conditions aimed at ensuring a minimum of nine years of education 
and protection of their safety, health, and welfare. The Labour 
Department conducted regular workplace inspections to enforce 
compliance with the regulations. During the first half of the year, the 
Labour Department conducted 74,451 inspections and discovered five 
suspected violations of the Employment of Children Regulations. The 
regulations limit work hours in the manufacturing sector for persons 15 
to 17 years of age to eight hours per day and 48 hours per week between 
7 a.m. and 7 p.m. They also prohibit overtime in industrial 
establishments with employment in dangerous trades for persons less 
than 18 years of age.

    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, medical treatment, 
and subsidized transport. The average wage 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. Workweeks of up to 60 hours and 
more were not uncommon.
    The Occupational Safety and Health Branch of the Labour Department 
is responsible for safety and health promotion, enforcement of safety 
management legislation, and 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 Labour 
Department's Occupational Safety and Health Branch conducted 58,872 
workplace inspections. There were 889 convicted summonses, resulting in 
fines totaling HK$6,596,450 (more than $850,000). Although worker 
safety and health continued to improve, serious problems remained, 
particularly in the construction industry. In the first quarter of the 
year, the Labour Department reported 9,438 occupational injuries, 
including 3,359 classified as industrial accidents. In the same period, 
there were eight 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.
    The minimum wage for foreign domestic workers was HK$3,580 per 
month (approximately $460). The standard workweek was 48 hours, but 
many domestic workers worked much 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. Labor groups reported that the 200,000 foreign 
domestic workers were still vulnerable to extensive rights and contract 
violations. During the first six months of the year, four employers 
were convicted for labor law maltreatment violations under the 
Employment Ordinance relating to the employment of foreign domestic 
workers. During the first seven months of the year, 101 foreign 
domestic workers filed criminal suits, 47 of which were against 
employers, for other types of maltreatment, including rape, indecent 
assault, and injuring and serious assault.


                                 MACAU

    Macau, with a population of approximately 543,000, is a Special 
Administrative Region (SAR) of the People's Republic of China (PRC) and 
enjoys a high degree of autonomy, except in defense and foreign 
affairs, under the SAR's constitution the Basic Law. In the most recent 
election for SAR leadership, held in 2004, Chief Executive Edmund Ho 
was reelected to a second five-year term. In 2005, in elections 
considered generally free and fair, voters elected 12 of the 
legislature's 29 members in direct elections based on geographical 
constituencies. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, some problems remained, most notably limits on 
citizens' ability to change their government, trafficking in persons, 
and reports of official corruption.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these rights. In the first half of the year, there 
were six reports of police brutality, none involving serious acts of 
abuse.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards.
    Although the Government permitted visits by independent human 
rights observers, there were no requests during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the Public Security Police (general 
law enforcement) and Judiciary Police (criminal investigations), and 
the Government has effective mechanisms to investigate and punish abuse 
and corruption. There were no reports of impunity involving the 
security forces during the year.

    Arrest and Detention.--Persons were apprehended openly with 
warrants based on sufficient evidence and issued by a duly authorized 
official. Detainees were allowed access to a lawyer of their choice or, 
if indigent, to one provided by the SAR government. Detainees also were 
allowed prompt access to family members. 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 law 
provides that cases must come to trial within six months of an 
indictment. The criminal procedure code mandates that pretrial 
detention is limited to between six months to three years, depending on 
the criminal charges and progress of the judicial system. Judges often 
refused bail in cases where sentences could exceed three years.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    Both Portuguese and Chinese (Cantonese) are official languages. The 
need to translate laws and judgments from Chinese into Portuguese and a 
shortage of local bilingual lawyers and magistrates hampered the 
development of the legal system. There also was a severe shortage of 
judges.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The courts 
may rule on matters that are ``the responsibility of the Central 
People's Government or concern the relationship between the central 
authorities and the SAR.'' However, before making their final judgment, 
which is not subject to appeal, the courts must seek an interpretation 
of relevant provisions from the National People's Congress (NPC) 
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--five from the SAR and five from the 
mainland. The chief executive, the president of the SAR Legislative 
Assembly, and the president of the Court of Final Appeal nominate the 
SAR members.
    Defendants enjoy a presumption of innocence and have access to 
government-held evidence relevant to their cases and a right to appeal. 
Defendants have the right to be present at their trials and to confront 
witnesses. They also have the right to consult with an attorney in a 
timely manner; public attorneys are provided for those who are 
financially incapable of engaging lawyers or paying expenses of 
proceedings. Trials are public and are by jury except at the 
magistrate-court level. The law extends these rights to all citizens.
    The judiciary provides citizens with a fair and efficient judicial 
process; however, due to an overloaded court system, a period of up to 
a year often passed between filing a civil case and its scheduled 
hearing.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures.--There is an independent and impartial 
judiciary for civil matters, and citizens have access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation.

    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.
    The independent media were active and expressed a wide variety of 
views without restriction, and international media operated freely. 
Major newspapers were heavily subsidized by the Government and tended 
to follow closely the PRC central government line on sensitive 
political issues, such as Taiwan; however, they reported freely on the 
SAR government, including reports critical of the Government.
    In April Andrew To, a member of the Wong Tai Sin District Council 
and vice chairman of League of Social Democrats in Hong Kong, was 
refused entry into the SAR. To declared that authorities cited internal 
security laws for the denial of his entry.
    On April 28, members of the Hong Kong political party League of 
Social Democrats members Chan Cheong and Michael Mak were denied entry 
to the SAR ahead of the Olympic torch relay in Hong Kong and Macau. Mak 
stated that authorities cited internal security laws for their refusal 
to allow them to enter.
    On June 12, authorities declined the entry of Hong Kong university 
student Christina Chan, who waved the Tibetan Snow Lion Flag during the 
Olympic torch relay in Hong Kong. A spokesman for the Government 
Information Bureau declared that authorities declined her entry in 
accordance with the security law that allows the authorities to refuse 
the entry of a person who poses a threat to stability or internal 
security.
    In November Hong Kong democratic legislators, including members of 
the League of Social Democrats, were able to participate in seminars 
and public protests regarding Article 23 of the Basic Law, otherwise 
known as the ``The Defense of National Security Act,'' which prohibits 
acts such as treason, secession, sedition, and subversion against the 
PRC government and theft of state secrets. One legislator was held by 
immigration for 10 minutes on arrival but was admitted. However, in 
December a group of 24 Hong Kong activists, including nine legislators, 
was denied admission to attend Article 23-related activities.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was widely available; studies showed that approximately 
64 percent of the population had regular access to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    There were no reports that Falun Gong practitioners were denied 
entry into the SAR.

    Societal Abuses and Discrimination.--Societal relations among 
various religious groups were generally amicable. The size of the 
Jewish population remained extremely small, and there were no reports 
of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected them in practice. 
Persons denied entry into the SAR have the right to contact their 
consulate or other representative of their country, to have assistance 
with language interpretation, and to consult a lawyer. The Immigration 
Department cooperated with the UN High Commissioner for Refugees in 
handling refugees.
    The law prohibits forced exile, and the Government generally 
respected the law in practice.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. During the year there were two 
applications (covering five persons) for refugee status, both of which 
were pending at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law limits citizens' ability to change their government. The 
Government was led by a chief executive, chosen by a 300-member 
election committee, which in turn was chosen by a 100-member 
preparatory committee, composed of 60 SAR and 40 mainland 
representatives appointed by the NPC. Voters directly elected 12 of the 
29 members of the Legislative Assembly, and local community interest 
groups indirectly elected 10 members. The remaining seven members were 
selected by the chief executive.

    Elections and Political Participation.--In 2004 Chief Executive 
Edmund Ho was reelected to a second five-year term. In 2005 the SAR 
held elections for the Legislative Assembly, with 58 percent of 
registered voters participating. The elections of directly elected 
seats were considered generally free and fair.
    There are limits on the types of legislation that legislators may 
introduce. The law stipulates that legislators may not initiate 
legislation related to public expenditure, the SAR's political 
structure, or the operation of the Government. Proposed legislation 
related to government policies must receive the chief executive's 
written approval before it is submitted.
    A 10-member Executive Council functions as an unofficial cabinet, 
approving draft legislation before it is presented in the Legislative 
Assembly. The Basic Law stipulates that the chief executive appoints 
members of the SAR Executive Council from among the principal officials 
of the executive authorities, members of the legislature, and public 
figures.
    There are no registered political parties; politically active 
groups register as societies or companies. These groups are active in 
promoting their political agendas, and those critical of the Government 
do not face restrictions. Such groups participated in protests over 
government policies or proposed legislation without restriction.
    There were six women in the Legislative Assembly, including the 
president. Women also held a number of senior positions throughout the 
Government, including the secretary for justice and administration, the 
second-highest official in the SAR government. Eleven of the SAR's 29 
judges were women. There were three members of ethnic minorities in the 
Legislative Assembly. One member of the Executive Council was also from 
an ethnic minority, as was the police commissioner.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, officials sometimes engaged 
in corruption.
    The Commission Against Corruption (CCAC) investigates the public 
sector and has the power to arrest and detain suspects. The most recent 
figures showed that in 2007 the CCAC received 736 complaints against 
public officials in a variety of agencies. The CCAC pursued 369 of 
these complaints, 500 of which were criminal cases and 236 were 
administrative cases. The CCAC transferred 11 cases to the Public 
Prosecutions Office. The Ombudsman Bureau, within the CCAC, reviews 
complaints of maladministration or abuse by the CCAC, but there were no 
reports of such complaints in 2007. There also is an independent 
committee outside CCAC called the Monitoring Committee on Discipline of 
the CCAC Personnel, which accepts and reviews complaints on CCAC 
personnel.
    In January the Court of Final Appeal convicted former public works 
secretary Ao Man Long on 57 counts of taking bribes, money laundering, 
abuse of power, and other charges and sentenced him to 27 years' 
imprisonment.
    By law the chief executive, his cabinet, judges, members of the 
Legislative Assembly and the Executive Council, and executive agency 
directors are required to disclose their financial interests.
    The law does not provide for public access to government 
information. However, the executive branch published online, in both 
Portuguese and Chinese, an extensive amount of information on 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. The information provided by 
the legislature was less extensive. For example, it did not publish a 
legislative agenda or a list of pending bills.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international groups monitoring human 
rights 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 law stipulates that residents shall be free from 
discrimination, and the Government effectively enforced the law. In 
addition, many local laws carry specific prohibitions against 
discrimination, although there is no specific law for combating 
discrimination.

    Women.--The law criminalizes rape, including spousal rape, and the 
Government effectively enforced the law. In the first half of the year, 
there were six reported rapes. Rape was not a pervasive problem, and 
the police and courts promptly acted on rape cases.
    The Government effectively enforced criminal statutes prohibiting 
domestic violence against women and prosecuted violators; however, 
various nongovernmental organizations (NGOs) and government officials 
considered domestic violence against women to be a growing problem. In 
the first half of the year, 35 cases of domestic violence, including 15 
cases of spousal abuse, were reported to the police.
    Domestic violence is punishable by one to 15 years in prison. In 
the case of both spousal abuse and violence against minors, the penalty 
is two to eight years' imprisonment; if the abuse leads to the death of 
the victim, the penalty is five to 15 years. There was no data on 
reported cases of spousal abuse and violence against minors.
    The Government provided hospital treatment for victims of abuse, 
and medical social workers counseled victims and informed them of 
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 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.
    Prostitution is legal and common; however, procurement and the 
operation of a brothel are illegal. Nevertheless, the SAR had a large 
sex trade, including brothels, most of which were believed to be 
controlled by Chinese organized crime groups, and many of those 
exploited by the trade were women.
    There is no law specifically addressing sexual harassment, although 
harassment in general is prohibited and was not widespread. Between 
January 2007 and August 2008, the Labor Affairs Bureau received one 
sexual harassment complaint, which on investigation was found to be 
unsubstantiated.
    Equal opportunity legislation mandates that women receive equal pay 
for equal work; however, observers estimated that there was a 
significant difference in salary between men and women, particularly in 
unskilled jobs. The law allows for civil suits, but few women took 
their cases to the Labor Affairs Bureau or other entities. 
Discrimination in hiring practices based on gender or physical ability 
is prohibited by law, and penalties exist for employers who violate 
these guidelines. There were no reports on alleging sexual 
discrimination during the first half of the year.

    Children.--The Government protected the rights and welfare of 
children through the general framework of civil and political rights 
legislation that protects all citizens.
    Education is compulsory and free for most children between ages 
five and 15 through general secondary education. However, the children 
of illegal immigrants were excluded from the educational system. 
Experts believed this exclusion affected only a few children.
    The law specifically provides for criminal punishment for sexual 
abuse of children and students, statutory rape, and procurement 
involving minors.

    Trafficking in Persons.--The SAR is a transit and destination point 
for women trafficked for the purposes of sexual servitude. While the 
majority of mainland or foreign women who entered the SAR to become 
prostitutes were believed to have done so voluntarily, there was 
evidence that some had been deceived or coerced into participating in 
the commercial sex trade. Some foreign victims were misinformed about 
their destination and diverted to the SAR, where they were trafficked 
into prostitution.
    On June 12, the Legislative Assembly unanimously passed a 
comprehensive antihuman trafficking law that broadens the definition of 
trafficking crimes, increases punishments for convicted traffickers, 
and expands protections for victims. The new law took effect on June 
24. The law criminalizes all forms of human trafficking into, from, or 
through the SAR and provides for imprisonment of three to 12 years for 
sex and labor trafficking, as well as trafficking organs or tissue, and 
five to 15 years' imprisonment for trafficking minors (under age 18). 
Penalties increase by one-third for trafficking victims under 14 years 
old. Retaining, hiding, spoiling, or destroying the identification or 
travel documents of a trafficking victim also incurs a penalty of one 
to five years' imprisonment, if no harsher punishment is available in 
other laws.
    Although prostitution is legal, a ``procurement'' law makes it a 
crime to instigate, favor, or facilitate the practice of prostitution 
by another person for the purposes of profit or as a way of life, 
although the penalties for this lighter crime are less severe and the 
``procurement'' crime does not recognize a victim.
    Between January and August there were seven reported cases of human 
trafficking. On July 20, the Judiciary Police reportedly arrested two 
women from the PRC and referred the case--the first under the new law-
to the Public Prosecutions Office. The two victims reported being 
offered work in a casino by the Shenzhen-based employer, only to be 
coerced into working as prostitutes in Cotai District. The victims were 
reportedly beaten and told they would have to pay 50,000 patacas 
(approximately $6,250) for their freedom. The victims escaped and 
sought help from the police on July 18. Both offenders were illegally 
in the SAR, and because one victim was a minor, the alleged offenders 
faced the maximum penalty of 20 years' imprisonment. In accordance with 
the new law, authorities reportedly offered the victims protection and 
welfare, including psychological assistance. On August 6, a local 
newspaper reported separately that one of the traffickers was 
implicated in two additional reports of sex trafficking, both involving 
adult victims, and at year's end police were investigating the reported 
crimes.
    Authorities believed that Chinese, Russian, and Thai criminal 
syndicates were involved in trafficking women to the SAR for 
prostitution, after which victims were passed on to local crime 
syndicates. There were no confirmed reports of official involvement in 
human trafficking. Victims were primarily from mainland China, 
Mongolia, Russia, Eastern Europe, Vietnam, and Thailand.
    As required by the new law, the SAR established a dedicated 
government assistance program, including shelter, social welfare, and 
healthcare assistance for victims of trafficking. The Government also 
published leaflets to educate citizens on human trafficking, associated 
penalties, and the Government's protection measures for victims. The 
leaflets, printed in Chinese, Portuguese, and English, were available 
at border and transit points, police and other government offices, 
healthcare and social welfare facilities, and educational institutions.
    No NGOs focused specifically on trafficking-related problems; 
however, there were charity organizations that provided assistance and 
shelter to women and children who were victims of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
access to health care, or the provision of other state services, and 
the Government generally enforced these provisions in practice. The law 
mandates access to buildings for persons with disabilities. The Social 
Welfare Institute was primarily responsible for coordinating and 
funding public assistance programs to persons with disabilities.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation or 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers to form and join unions or ``labor associations'' of their 
choice without previous authorization or excessive requirement, and the 
Government generally respected this right in practice. However, 
guidelines adopted by the CCAC require that civil servants obtain 
approval from their managers before joining associations or becoming 
leaders in labor associations. The law also specifically excludes 
public servants, domestic workers, and migrant workers from labor law 
protections, including the right of association. At the beginning of 
the year, there were 214 registered labor associations and 227 
employers' associations. Data on the percentage of unionized workers 
was unavailable.
    According to the International Trade Union Confederation (ITUC), 
due to the mainland government's strong influence over local trade 
union activities, including the direct selection of the leadership of 
the Federation of Trade Unions (FTU), independence of trade unions was 
undermined and the protection of the trade union members' rights 
compromised. Mainland government policies emphasized minimizing 
workplace disruption, and some unions were criticized for tending to 
resemble local traditional neighborhood associations promoting social 
and cultural activities. The Union for Democracy Development Macau 
(UDDM) and some local journalists claimed that the FTU was more 
interested in providing social and recreational services than in 
addressing labor problems such as wages, benefits, and working 
conditions.
    Workers have the right to strike, but there is no specific 
protection in the law from retribution if workers exercise this right. 
The Government argued that striking employees are protected from 
retaliation by labor law provisions, which require an employer to have 
``justified cause'' to dismiss an employee; however, there were reports 
that the Government failed to enforce these provisions. Strikes, 
rallies, and demonstrations were not permitted in the vicinity of the 
chief executive's office, the Legislative Assembly, and other key 
government buildings.
    Workers who believed they were dismissed unlawfully may bring a 
case to court or lodge a complaint with the Labor Department or the 
Office of the High Commissioner Against Corruption and Administrative 
Illegality, who also functions as an ombudsman. However, migrant 
workers had no right to such legal recourse.
    Illegal laborers are not protected by labor laws.

    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. Promainland unions 
traditionally have not attempted to engage in collective bargaining. 
Migrant workers and public servants did not have the right to bargain 
collectively.
    The ITUC maintained that under the law, the high percentage of 
foreign labor, which has no right to collective bargaining, was eroding 
the bargaining power of local residents to improve working conditions 
and increase wages.
    The law prohibits antiunion discrimination and employer 
interference in union functions; however, the UDDM expressed concern 
that the local law contains no explicit provisions that bar 
discrimination against unions.
    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-
operated or small businesses. Local laws do not establish specific 
regulations governing the number of hours these children can work, but 
International Labor Organization conventions were applied. The Labor 
Department enforced the law through periodic and targeted inspections, 
and violators were prosecuted.

    e. Acceptable Conditions of Work.--Local labor laws establish the 
general principle of fair wages and mandate compliance with wage 
agreements. There was no mandatory minimum wage except for government-
outsourced security guards and cleaners. Average wages provided a 
decent standard of living for a worker and family.
    In April representatives of employers, employees, and the 
Government discussed a minimum wage scheme for all sectors. They 
concluded that a minimum wage imposed on all industries would be 
complex and difficult and a mandatory minimum wage would be implemented 
only after the community reaches a consensus.
    In addition to the estimated 95,500 migrant workers in 2007, the 
use of illegally imported workers increased. Local customs normally 
favored employment without the benefit of written labor contracts, 
except in the case of migrant workers, who were issued short-term 
contracts. Labor groups reported that employers increasingly used 
temporary contracts as a means to circumvent obligations to pay for 
workers' benefits such as pensions, sick leave, and paid holidays. The 
short-term nature of the contracts also makes it easier to dismiss 
workers by means of nonrenewal.
    Labor legislation provides for a 48-hour workweek, an eight-hour 
workday, paid overtime, annual leave, and medical and maternity care. 
Although the law provides for a 24-hour rest period each week, workers 
frequently agreed to work overtime to compensate for low wages. The 
Labor Department provided assistance and legal advice to workers upon 
request.
    The Labor Department enforced occupational safety and health 
regulations, and failure to correct infractions could lead to 
prosecution. During 2007 the Labor Department inspectorate conducted 
8,591 inspections and uncovered 5,512 violations carrying fines 
totaling approximately 1.6 million patacas (more than $200,000). In 
2007 there were 4,535 occupational injuries and 14 occupational deaths. 
Although the law includes a requirement that employers provide a safe 
working environment, no explicit provisions protected employees' right 
to continued employment if they refused to work under dangerous 
conditions.

                               __________

                                 TAIWAN

    Taiwan's population of 23 million is governed by a president and 
parliament chosen in multiparty elections. Legislative elections in 
January and presidential elections on March 22 were free and fair. The 
election of President Ma Ying-jeou, of the Kuomintang Party (KMT), 
marked the country's second peaceful, democratic transfer of power. 
Civilian authorities generally maintained effective control of the 
security forces.
    Taiwan generally respected the human rights of its citizens; 
however, the following problems continued to be reported: corruption by 
officials, violence and discrimination against women, trafficking in 
persons, and abuses of foreign workers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the authorities committed arbitrary or unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution stipulates that no violence, threat, 
inducement, fraud, or other improper means should be used against 
accused persons, and there were no reports that the authorities 
employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the authorities permitted 
visits by independent human rights observers. As of July prisons 
operated at 110 percent of design capacity.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the authorities generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--The National Police 
Administration (NPA) of the Ministry of Interior (MOI) has 
administrative jurisdiction over all police units, although city mayors 
and county magistrates appoint city and county police commissioners. 
Mayors and magistrates are responsible for maintaining order and 
assessing the performance of police commissioners within their 
jurisdiction.
    Police corruption, while limited, was a problem. The NPA did not 
keep statistics on police corruption cases. In March the authorities 
arrested and held in custody senior officers of several Taipei County 
police precincts for taking bribes from operators of illegal gambling 
establishments. In October the authorities indicted 42 suspects in the 
case, including a former Yunho City police commissioner and five other 
police officers. The prosecutor requested a 15-year jail term for the 
former police commissioner.
    Prosecutors and the Control Yuan are responsible for investigating 
allegations of police malfeasance. The NPA also has an inspector 
general and an internal affairs division that investigated allegations 
of police misconduct. Police officers and senior officials suspected of 
corruption were prosecuted and punished upon conviction.

    Arrest and Detention.--Warrants or summons are required by law 
except when there is ample reason to believe the suspect may flee, or 
in urgent circumstances. Indicted persons may be released on bail at 
judicial discretion. By law, prosecutors must apply to the courts 
within 24 hours after arrest for permission to continue detaining an 
arrestee. The authorities generally observed these procedures, and 
trials usually took place within three months of indictment. According 
to the Code of Criminal Procedure, prosecutors can apply to a court for 
approval of a ``pretrial'' detention of an unindicted suspect for a 
maximum of two months with one possible two-month extension. Pretrial 
detention can be requested in cases where the potential sentence is 
five years or more or there is a reasonable concern that the suspect 
could flee or collude with other suspects or witnesses or tamper or 
destroy material evidence. Opposition Democratic Progressive Party 
(DPP) officials and supporters alleged political interference in the 
investigation, detention, and prosecution of former president Chen 
Shui-bian and other current and former DPP officials.
    Human rights advocates complained that the law did not provide 
adequate protection since there is no requirement that suspects have 
legal representation during questioning. In September 2007 the Judicial 
Yuan (JY) and the NPA initiated a one-year pilot program (since 
extended to a second year) to provide legal counsel during initial 
police questioning to qualifying indigent suspects who are mentally 
handicapped or charged with a crime punishable by three or more years 
in prison. Lawyers recruited by the Legal Aid Foundation (LAF) were 
posted to police stations in 23 cities and counties. Police and 
prosecutors were required to provide written notice of the service to 
qualifying defendants. On December 29, the LAF announced that in 
addition to its existing 20 branches, which serviced all 23 cities and 
counties around the island, 50 police sub-bureaus, one-third of the 
island's 158 sub-bureaus, have begun implementing the pilot program. 
Human rights lawyers contended that while courts are required to 
appoint counsel after an indictment is filed, the existing Criminal 
Procedure Code does not specify what lawyers can do to protect the 
rights of indigent criminal suspects during initial police questioning. 
The pilot program has enjoyed some success, but some groups argued that 
police need more on-the-job training, police facilities should be 
improved to accommodate lawyers in their initial questioning of 
suspects, and authorities should allocate more funding to provide 
financial incentives for lawyers to engage in the program.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the authorities generally respected judicial 
independence. However, although the authorities made efforts to 
eliminate corruption and to diminish political influence in the 
judiciary, residual problems remained. During the year many political 
leaders publicly questioned the impartiality of judges and prosecutors 
involved in several high-profile and politically sensitive cases.
    The JY is one of the five coequal branches of the political system 
and includes the 15-member Council of Grand Justices (CGJ), which 
interprets the constitution as well as laws and ordinances. Subordinate 
JY organs include the Supreme Court, high courts, District Courts, 
administrative courts, and the Committee on the Discipline of Public 
Functionaries.
    Active-duty military personnel are subject to the military justice 
system, which provides the same protections as the civil criminal 
courts. However, critics contended that there was insufficient 
separation between military prosecutors and judges, who were usually 
officers in the same unit and under the same command, to properly 
safeguard a defendant's interests.

    Trial Procedures.--The constitution establishes the right to a fair 
trial, and an independent judiciary generally enforced this right. 
Judges, rather than juries, decided cases; all judges were appointed by 
and responsible to the JY. A single judge, rather than a defense 
attorney or prosecutor, typically interrogated parties and witnesses. 
Trials are public, although court permission may be required to attend 
trials involving juveniles or potentially sensitive issues that might 
attract crowds. A defendant's access to evidence held by the 
prosecution is determined by the presiding judge on a case-by-case 
basis. All defendants are presumed innocent until proven guilty and 
have the right to an attorney, and criminal procedure rights are 
extended to all persons without limitation.
    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 
three years or more may appeal beyond that level. The Supreme Court 
automatically reviews life imprisonment and death sentences. It is 
unconstitutional to allow the confessions of accomplices to be used as 
the only evidence to convict a defendant.
    In November 2007 the Supreme Court reversed the death sentence 
handed down by a high court in the so-called Hsichih Trio case, which 
was originally tried before the law disallowed confession as the sole 
evidence used to determine a guilty verdict. At year's end the case 
remained pending. The Hsichih Trio was released from custody in 2003.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters. Administrative remedies are 
available in addition to judicial remedies for alleged wrongs, 
including human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
authorities 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 authorities generally 
respected these rights in practice.
    There was a vigorous and active free press. Critics alleged that 
dependency upon advertising revenue and loans from government-
controlled banks deterred a few media outlets from criticizing the 
authorities. The authorities denied using loans or advertising revenue 
to manipulate the media. President Ma, shortly after he took office in 
May, announced that the authorities should not attempt to influence the 
political process through the media, that the budget for official 
advertising should be evenly distributed among media outlets and both 
political parties, and that the military should not get involved in 
media operations.
    In July the authorities extended the maximum stay of People's 
Republic of China (PRC) journalists from 30 days to three months. The 
authorities also decided to allow up to five PRC regional news outlets 
to station journalists on the island, in addition to the five PRC 
national outlets already allowed. On November 13, the Mainland Affairs 
Council announced that it had approved the applications of the Fujian 
Daily and Southeast Television to station journalists on the island. 
They would join five nation-wide PRC media outlets.
    Hong Kong-based Phoenix Satellite Television expressed frustration 
over the denial of its request to broadcast in Taiwan. The Taiwan 
authorities treated Phoenix TV as a mainland Chinese media outlet and 
refused to grant landing rights. Phoenix maintained it is a Hong Kong 
broadcaster and that the Propaganda Department of the Chinese Communist 
Party classified it as a ``foreign broadcaster,'' limiting its landing 
rights to ``three-star hotels and above,'' compounds with foreign 
residents, and the offices and residences of PRC officials charged with 
dealing with the outside world. The Government Information Office (GIO) 
stated in July that the issue of landing rights for Taiwan cable 
television channels in China and Chinese broadcasters (including 
Phoenix TV) in Taiwan should be negotiated through future cross--Strait 
talks.
    In an October 9 media release, the International Federation of 
Journalists (IFJ) condemned alleged government interference in Taiwan 
media, saying the GIO had demanded that the state-owned Central News 
Agency alter reports on the contaminated milk powder scandal and 
withdraw a report criticizing President Ma. The IFJ pointed to the 
September 30 resignation of the chairman and several directors of the 
Government-funded Radio Taiwan International (RTI) to protest GIO 
pressure on RTI to change its editorial focus and refrain from 
broadcasting news too critical of mainland China. The GIO denied the 
IFJ's accusations. In December the IFJ and Reporters Without Borders 
also criticized resolutions approved by the Educational and Cultural 
Affairs Committee and the Interior Affairs Committee in the Legislative 
Yuan (LY), which called for GIO's approval of content broadcast by the 
Taiwan Public Television Service.
    Opposition groups and student demonstrators complained that police 
violated their right to free expression during protests against the 
visit of PRC Association for Relations Across the Taiwan Strait (ARATS) 
Chairman Chen Yunlin (See Section 2.b.).

    Internet Freedom.--There were no official restrictions on access to 
the Internet, and individuals and groups could engage in peaceful 
expression of views via the Internet, including by e-mail. GIO 
regulations require domestic Web site operators to label their Web site 
material, making it easier to detect and block access to adult-only 
material by persons under age 18. The GIO authorized the Taiwan 
Internet Content Rating Promotion Foundation, a joint GIO/Internet 
industry/nongovernmental organizations (NGOs) enterprise, to provide 
free filtering software to parents. The GIO did not block access to 
restricted Web sites.
    Several NGOs reported that law enforcement officials monitored 
Internet chat rooms and bulletin boards and used Internet addresses to 
identify and prosecute adults responsible for posting sexually 
suggestive messages. Critics alleged the Child and Youth Sexual 
Transaction Prevention Act (CYSTPA), which is intended to protect 
children from sexual predators, is being used to punish 
constitutionally protected free speech between consenting adults. In 
response to a request by persons opposed to this use of the CYSTPA, the 
CGJ looked at the issue and ruled in favor of the law enforcement 
officials' actions, noting that the constitutional guarantee to free 
speech is not absolute and may be subject to reasonable restrictions 
intended to preserve a significant public interest --in this case, ``to 
deter and eliminate cases where children or juveniles become objects of 
sexual transaction.''

    Academic Freedom and Cultural Events.--On June 20, the CGJ ruled 
that the prohibition on the establishment of political parties or 
associations that advocate ``communism'' or ``division of the national 
territory,'' otherwise known as ``Taiwan independence,'' was 
unconstitutional. There were no restrictions on academic freedom or 
cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--Opposition-party legislators and human rights NGOs claimed 
that the Assembly and Parade Law unconstitutionally restricts free 
speech and assembly, and called for it to be amended or abolished. The 
``Wild Strawberry'' student movement staged month long demonstrations 
and the Taiwan Association for Human Rights and more than a dozen other 
civic groups formed an alliance to advocate for amending the law. Their 
goals included removing restrictions on street protest demonstrations 
and eliminating the requirement to apply to police for permission to 
hold a demonstration. At year's end the LY had not voted on a proposed 
amendment.
    In August 2007 the authorities charged 16 persons who participated 
in anticorruption protests in 2006 with failure to obtain a protest 
permit and failure to comply with a police order to disperse. At year's 
end the case was still pending. According to human rights NGOs and 
media reports, other protesters were also charged with violating the 
law. If convicted, violators most often were given terms of two to 
three months that, at judges' discretion, usually were converted to 
fines.
    Opposition supporters accused police of using excessive force at a 
November 6 rally that turned violent when protesters clashed with riot 
police near a Taipei hotel where PRC ARATS Chairman Chen Yunlin was 
staying. According to government figures, 170 police officers, 23 
civilians, and eight journalists were injured in the violence, 
including a reporter with Formosa Television, who suffered nose and eye 
injuries after being struck by a policeman. The journalist filed a 
lawsuit to seek compensation, and the interior minister apologized for 
the incident.
    According to the Association of Taiwan Journalists, the NPA sought 
to coerce journalists who covered the November 6 rally to turn in 
photographs and video clips to help police identify individuals who 
instigated violence. A November 19 IFJ media release urged the police 
to stop pressuring media for information on the protest. On November 
20, the international human rights NGO Freedom House urged the 
Government to create an independent commission to investigate the 
clashes and recommend necessary reforms.

    Freedom of Association.--Bringing the law in line with practice, on 
June 20 the CGJ removed the prohibition in the Civic Organization Act 
on the establishment of political parties or associations that advocate 
``communism'' and ``division of the national territory.'' On August 12, 
the MOI accepted the registration of the Taiwanese Communist Party as 
the 141st political party in Taiwan.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the authorities generally respected this right in 
practice.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against persons for their religious 
beliefs or practices, and no reports of anti--Semitic acts. The Jewish 
population numbered approximately 200 persons.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within Taiwan, foreign travel, emigration, and 
repatriation, and the authorities generally respected these rights in 
practice.
    All travelers from the PRC are required to have invitations from 
sponsors and are subject to approval by the Mainland Affairs Council. 
PRC tourists must travel in groups and stay at designated hotels. PRC 
tour groups must be chaperoned by a Taiwan travel agency, which is 
required to post a NT$ two million ($62,500) bond in order to receive 
PRC tour groups. A portion or the entire bond can be forfeited if any 
tour group member is involved in legal problems or is reported missing. 
The Tourism Bureau must be notified in advance of any change to a tour 
group itinerary. In September the requirement that PRC visitors 
regularly report their location to the police was eliminated.
    The law does not provide for forced exile, and it was not 
practiced.
    According to Taiwan's Cross--Strait Relations Act, its citizens 
residing in the PRC will lose citizenship if they do not return within 
four years. They may apply to recover citizenship through relatives or 
a legal representative. Applications to recover citizenship were 
regularly granted, and there were no reports of rejected applications.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status. All PRC citizens unlawfully present are 
required by law to be returned to the PRC, including victims of human 
trafficking. There were at least nine PRC nationals on Taiwan seeking 
asylum in third countries.
    Throughout the year the authorities repatriated illegal immigrants 
to their countries of origin. According to the MOI, the total number of 
illegal PRC immigrants deported to the mainland declined, from 1,596 in 
2006 to 595 in 2007. As of August 31, 288 illegal PRC immigrants were 
in detention centers awaiting repatriation.
    PRC illegal immigrants continued to spend long periods in 
detention, waiting an average of 204 days in 2007 to be repatriated. By 
comparison, non--PRC illegal aliens averaged just 56 days in detention 
before repatriation. The MOI claimed that some PRC detainees gave false 
biographic information, making it difficult for PRC authorities to 
properly identify them.

    Stateless Persons.--Foreign spouses are initially issued visitors' 
visas, which usually must be renewed outside Taiwan. Foreign spouses 
cannot apply for citizenship until they have resided on Taiwan for 
three consecutive years. They are required to relinquish their 
citizenship of birth in order to apply. Citizenship is typically 
granted after the fourth consecutive year of residence; thus, for one 
year foreign spouses are technically stateless. Without citizenship, 
foreign spouses can be deported if their visas expire.
    In July more than 400 descendants of former KMT soldiers left 
behind in Burma and Thailand in 1949 protested to demand citizenship. 
Both the Burmese and Thai governments refused to grant these persons 
residency or citizenship, and some were in Taiwan illegally. 
Subsequently the interior minister ordered the National Immigration 
Agency to issue temporary registration certificates to grant legal 
status. In August the MOI drafted an amendment to the Immigration Act, 
which would grant stateless people and unregistered Taiwan citizens 
residency should it pass the LY.*
Section 3. Respect for Political Rights and the Right of Citizens to 
        Change Their Government
    The constitution provides citizens the right to elect and change 
their political leaders peacefully, and this right was exercised in 
practice through periodic, free, and fair elections held on the basis 
of universal suffrage.

    Elections and Political Participation.--In January the KMT won a 
significant majority in the Legislative Yuan following the 
implementation of a new single-member district electoral system. Two 
months later, the KMT presidential candidate Ma Ying-jeou won the 
presidency, marking the second peaceful, democratic transfer of power 
in Taiwan's history. Observers regarded the elections as free and fair.
    Political parties operated without restriction or outside 
interference.
    There were 34 women in the 113-member LY. Eleven of the 48 
Executive Yuan (cabinet) members were women. The mayor of Kaohsiung, 
Taiwan's second largest city, was a woman. Two of the 15 grand justices 
were women. At least half of the at-large seats won by a political 
party were required to be filled by women.
    Representatives of the indigenous population participated in most 
levels of the political system. They held six reserved seats in the LY, 
half of which were elected by plains tribes and half by mountain 
tribes. Indigenous peoples accounted for about 2 percent of the 
population; their allocation of legislative seats was more than double 
their proportion of the population.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption and the authorities generally 
implemented these laws effectively. There were allegations of official 
corruption during the year. Allegations of vote buying continued, 
although all political parties were publicly committed to ending the 
practice.
    In June the authorities passed ethics rules aimed at 400,000 public 
servants and their families. The measures, which took effect August 1, 
stipulated that public servants may not receive gifts valued at 
NT$3,330 (approximately $100) or higher or any gifts with a total value 
of NT$10,659 ($323) or above from a single person in a year when the 
giver was deemed an ``interested person.''
    In addition, all public servants are subject to the Public 
Servants' Property Declaration Law. The Ministry of Justice (MOJ) is in 
charge of combating official corruption.
    In January eight former and incumbent legislators from across the 
party spectrum were indicted on charges of accepting bribes from the 
National Chinese Herbal Apothecary Association.
    On December 4, the Taipei District Court sentenced former MOJ 
Investigation Bureau (MJIB) Director Yeh Sheng-mao to 10 years in 
prison for offenses including withholding classified information 
delivered to the MJIB related to possible money laundering activities 
involving then president Chen Shui-bian's family members. Under 
Taiwan's court system, Yeh is eligible to appeal his conviction two 
times.
    Chen, his wife Wu Shu-jen, and others, including some officials of 
the former DPP administration, were either indicted or under 
investigation for various alleged acts of corruption. Wu was indicted 
in four major corruption and money laundering cases, while former 
president Chen was indicted in three of the same cases. Some observers, 
including Chen's supporters, asserted the charges were politically 
motivated. However, the Government and other observers maintained they 
saw no indication of political interference by the administration in 
the investigation and prosecution of the cases against Chen and his 
family. Various international and local organizations, academics, and 
DPP politicians, raised concerns about some developments, including 
Chen's pretrial detention, the transfer of Chen's cases from one judge 
to another, and leaks to the media of information from confidential 
investigations.
    By September prosecutors had indicted 849 persons on various 
corruption charges. Of those accused, 138 were high-ranking officials, 
278 were mid-level, and 272 were low-level.
    The Access to Government Information Law stipulates that all 
government information be made available to the public upon request, 
except national secrets, professional secrets, personal information, 
and protected intellectual property. The law provides that citizens, 
companies, and groups registered in Taiwan can submit information 
requests and can appeal denied requests. These privileges are extended 
on a reciprocal basis to citizens of foreign countries.
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 by the authorities. 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. The 
authorities enforced these provisions.

    Women.--Violence against women, including rape and domestic 
violence remained a serious problem. Rape, including spousal rape, is a 
crime. Because victims were socially stigmatized, many did not report 
the crime, and the MOI estimated that the total number of sexual 
assaults was 10 times the number reported to the police.
    The law provides protection for rape victims. Mentally handicapped 
victims and those under 16 years of age are allowed to testify via a 
two-way television system. Rape trials are not open to the public 
unless the victim consents. The law requires doctors, social workers, 
police, and prosecutors to jointly question victims of sexual abuse 
whenever possible to reduce the number of times a victim is questioned. 
The law permits a charge of rape without requiring the victim to press 
charges.
    The law establishes the punishment for rape as not less than five 
years' imprisonment, and those convicted usually were given prison 
sentences of five to 10 years. According to the MOI, 4,309 reports of 
rape or sexual assault were filed through June. Prosecutors tried 1,088 
cases and convicted 1,089 individuals as of July. According to the MOJ, 
the average conviction rate over the past few years was approximately 
43 percent.
    The law allows prosecutors to take the initiative in investigating 
complaints of domestic violence without waiting for a spouse to file a 
formal lawsuit. As of September a total of 40,974 cases of domestic 
violence had been reported. As of October a total of 2,046 persons had 
been prosecuted for domestic violence, and 1,730 persons had been 
convicted. As of October 9,638 protection orders had been issued to 
domestic violence victims. Typically persons convicted in domestic 
violence cases were sentenced to less than six months in prison. Strong 
social pressure not to disgrace their families discouraged abused women 
from reporting incidents to the police.
    The law requires all cities and counties to establish violence 
prevention and control centers to address domestic and sexual violence, 
child abuse, and elder abuse. These centers provided victims with 
protection, medical treatment, emergency assistance, shelter, legal 
counseling, and education and training on a 24 hour basis. Prostitution 
is illegal; however, prostitution, including child prostitution, was a 
problem. Currently, the Social Order Maintenance Act mandates punitive 
measures only for prostitutes; those patronizing prostitutes are not 
subject to penalties unless a minor is involved. Trafficking in women 
remained a problem.
    Sexual harassment is a crime, punishable by fines of from 
NT$100,000 to NT$1 million (approximately $3,000 to $30,000) and 
imprisonment for up to two years. All public employers and larger 
private employers were required to enact preventive measures and 
establish complaint procedures to deter sexual harassment. Hot lines 
were established in several major cities from 2006, but reporting 
levels were well below expectations. Women's groups criticized the 
implementation of the law as ineffective, attributing low reporting 
rates to inadequate publicity.
    The law prohibits sex discrimination and stipulates that measures 
be taken to eliminate sexual harassment in the workplace. The Gender 
Equality in Employment Act (GEEA) provides for equal treatment with 
regard to salaries, promotions, and assignments. The GEEA entitles 
women to request up to two years of unpaid maternity leave and forbids 
termination because of pregnancy or marriage.
    Women's advocates noted that women continued to be promoted less 
frequently, occupied fewer management positions, and worked for lower 
pay than their male counterparts. Women made up 49 percent of the total 
workforce and more than 50 percent of the service industry workforce. 
According to the Council for Labor Affairs (CLA), salaries for women 
averaged 85 percent of those for men performing comparable jobs.

    Children.--The authorities were committed to the rights and welfare 
of children, and the law included provisions to protect them.
    Child abuse continued to be a widespread problem. As of June, 8,200 
cases were reported, including cases of physical, mental, or sexual 
abuse or harm due to guardian neglect. Approximately 90 percent of 
abusers were parents, relatives, or caregivers. Hospitals, schools, 
social welfare organizations, or the police reported 60 percent of all 
cases, with 40 percent of reports coming from family members or the 
public. Fifty percent of all cases were reported through the child 
abuse hot line.
    A reliable NGO reported sexual abuse was more prevalent than the 
public realized, with the estimated number of victims reaching 
approximately 20,000 per year while only approximately 3,000 were 
reported. Central and local authorities, as well as private 
organizations, continued efforts to identify and assist high-risk 
children and families and to increase public awareness of child abuse 
and domestic violence.
    By law, persons discovering cases of child abuse or neglect must 
notify the police or welfare authorities. Child welfare specialists 
must notify the local authorities within 24 hours, and authorities must 
take appropriate measures within 24 hours. Regulations encourage 
officials to respond to investigation requests within four days. The 
MOI Children's Bureau and NGO specialists monitored cases to ensure 
that requirements were met. An official hot line accepted complaints of 
child abuse and offered counseling. Courts were authorized to appoint 
guardians for children whose parents were deemed unfit.
    Solicitors of prostitutes under the age of 14 faced sentences of 
three to 10 years in prison. Those who patronized prostitutes between 
the ages of 14 to 16 were sentenced to three to seven years. Solicitors 
of prostitutes older than 16 but younger than 18 faced up to one year 
in prison or hard labor, or a fine up to NT$3 million (approximately 
$100,000). According to the MOI Children's Bureau and local NGOs, 1,000 
children per year were rescued from prostitution and placed in 
shelters. The Children's Bureau reported a significant increase in the 
number of boys exploited as prostitutes.
    Advertisements related to prostitution were prohibited, and the law 
was enforced in practice. Citizens arrested abroad for having sex with 
minors were also indicted and convicted for patronizing underage 
prostitutes in foreign countries.
    As of October, 744 persons were indicted and 775 persons were 
convicted of violating the CYSTPA, which criminalizes child 
prostitution and the possession and distribution of child pornography. 
The law requires publication of violators' names in newspapers.

    Trafficking in Persons.--Trafficking in persons continued to be a 
problem. Effective August 1, amendments to immigration laws provide 
victim protections and prevention measures. There is no comprehensive 
trafficking law, although most forms of trafficking are criminalized 
through a number of statutes.
    The MOI, the MOJ, the National Immigration Agency (NIA), the CLA, 
the NPA, and several other agencies are responsible for combating 
trafficking. A senior-level prosecutor unit supervises District Court 
handling of trafficking cases and there are antitrafficking task forces 
within the NIA, the NPA, the Coast Guard, and the 21 District Court 
offices.
    Taiwan is primarily a destination for Southeast Asian and PRC 
nationals trafficked into forced labor or sexual exploitation. There 
were reports of women being trafficked from Taiwan for sexual 
exploitation purposes to Canada, Japan, the United Kingdom, the United 
States, and other countries.
    Taiwan authorities reported that traffickers continued to use 
fraudulent marriages as a method for human trafficking, in part because 
penalties for ``husbands'' were lenient. Some women smuggled to Taiwan 
to seek illegal work were subsequently forced to work in the commercial 
sex industry. NGOs reported a sharp increase in the number of boys 
rescued from prostitution, mainly discovered during police 
investigations of online social networking sites suspected of being 
front operations for prostitution rings. Labor trafficking remained a 
serious problem (See Section 6.e.).
    As of November, the MOJ reported authorities had indicted 530 
individuals for trafficking offenses. Of those indicted 266 were 
convicted for a conviction rate of 50 percent. Approximately 80 percent 
of the 178 cases closed were sexual exploitation, while forced labor 
accounted for the remaining 20 percent. In October, police, in 
collaboration with prosecutors and the Criminal Investigation Bureau, 
conducted raids on the offices of a large labor brokerage group, 
resulting in the arrest of 34 suspects on charges of fraud, money 
laundering, and forced labor. Press reports indicated approximately 
9,000 workers recruited by the brokerage group allegedly were forced to 
work long hours, turn over bank cards so that the brokerages could 
withdraw large sums from their monthly salaries, and sign repayment 
agreements for nonexistent loans. The majority of the victims were 
recruited from Indonesia, with others coming from Vietnam and Thailand.
    Incidents of public employees or officials implicated in 
trafficking were rare, but they did occur. There were instances of 
local authorities accepting bribes and sexual services in return for 
ignoring illegal sex- and labor--trafficking activities.
    There are island-wide guidelines for identifying and treating 
trafficking victims. The authorities conducted exercises to train 
police, immigration officials, and other law enforcement personnel in 
identifying victims. However, immigration officers, police, prosecutors 
and other law enforcement personnel did not consistently follow victim 
identification procedures. NGOs reported concerns that an increase in 
the number of raids and arrests had not resulted in increased 
convictions. They further noted that, when foreigners were identified 
as victims of trafficking or as witnesses, authorities coerced 
cooperation on prosecutions and often kept them in detention centers or 
required them to remain on Taiwan until their appearance in court was 
no longer needed, a year on average. Compounding the problem was the 
lack of an established process to implement new provisions of the 
Immigration Act that allow trafficking victims to obtain temporary 
visit and work permits. NGOs added that significant numbers of 
trafficking victims continued to be punished with community service and 
fines for violating immigration, foreign labor, or prostitution laws.
    In 2007 the Executive Yuan issued a three-year antitrafficking 
action plan (2008-10) which addresses victim protections, trafficking 
prevention measures, such as a new public awareness campaign launched 
in December, and measures aimed at increasing prosecutions of 
traffickers on the island.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities and sets minimum fines for 
violations.
    The law stipulates that the authorities must provide services and 
programs to the disabled population. Free universal medical care was 
provided to persons with disabilities. NGOs continued to note that more 
public nursing homes were needed and that current programs, such as 
home care services, needed to be expanded to meet the growing needs of 
those with disabilities, including the growing numbers of elderly 
persons.
    The law requires all private enterprises with more than 100 
employees to hire at least one person with disabilities per 100 
workers. By law, effective July 2009 for all public entities (including 
offices, schools, and enterprises) with 34 or more employees, employees 
with disabilities must make up at least 3 percent of the total 
workforce. For each unmet quota position, both public and private 
organizations are required to pay into the Disabled Welfare Fund an 
amount equal to one basic monthly salary NT$17,280 (approximately 
$535).
    By law, new public buildings, facilities, and transportation 
equipment must be accessible to persons with disabilities, and this 
requirement was generally met. Violations resulted in fines of from 
NT$60,000 to NT$300,000 (approximately $1,900 to $9,300).

    National/Racial/Ethnic Minorities.--During 2007, 18 percent of all 
marriages were to foreign-born spouses, primarily from China, Vietnam, 
Indonesia, and Thailand, and an estimated 10 percent of all births were 
to foreign-born mothers.
    Foreign spouses were targets of discrimination both inside and 
outside the home. Most marriages to foreign citizen spouses were 
arranged by brokers, whose local advertisements frequently were 
degrading to women. For fees ranging from NT$250,000 to NT$400,000 
(approximately $7,800 to $12,400), brokers typically flew clients to 
other Southeast Asian countries, where they could choose from a group 
of eligible women recruited by the broker. The marriage and necessary 
paperwork were usually completed within a week. Several reports 
suggested that this commercialized process likened foreign spouses to 
property and contributed to their mistreatment. An MOI report concluded 
that social and economic marginalization contributed to an abnormally 
high rate of domestic violence in marriages to foreign spouses.
    The amended immigration law bars all discrimination against 
foreign-born spouses and foreign migrant workers on the basis of 
nationality, race, skin color, social rank, or place of birth. Those 
convicted of violating these provisions can face fines of up to 
NT$30,000 (approximately $930). The law permits a foreign-born spouse 
to apply for a restraining order if he or she has been the victim of 
domestic violence. A foreign-born spouse may now remain in Taiwan as 
long as necessary to complete divorce proceedings and to settle child-
custody questions. After a divorce, a foreign-born spouse may remain in 
Taiwan to care for minor children less than 20 years of age. The 
amendment also banned for-profit cross-border marriage agencies, 
extended assembly and parade rights to immigrants, and liberalized 
financial proof requirements for foreign spouses seeking 
naturalization.
    The authorities offered free Chinese-language and child-raising 
classes and counseling services at community outreach centers to assist 
foreign-born spouses integrate into society. The Legal Aid Foundation 
provided legal services to foreign spouses and operated a hot line to 
receive complaints. The MOI also operated its own hot line with staff 
conversant in Vietnamese, Cambodian, Thai, Indonesian, English, and 
Chinese. By the end of October, the service had received 8,528 calls 
from non--Chinese speakers, a significant increase from 2007.
    PRC-born spouses must wait eight years to apply for Taiwan 
residency, whereas non--PRC spouses can apply after only three years. 
While non--PRC foreign spouses are permitted to work in Taiwan 
immediately upon arrival, PRC spouses must wait four years to obtain 
the right to work, barring special economic circumstances. Upon 
entering Taiwan for the first time, a spouse from the PRC must present 
a certified clean bill of health. After four years of residency, a PRC 
spouse can apply for a long-stay visa. After two more years of 
residency, this individual can apply for citizenship.

    Indigenous People.--There are 13 identified non--Chinese groups of 
indigenous people; they accounted for approximately 2 percent of the 
population. The law protects the civil and political rights of these 
indigenous people. The Indigenous Peoples Basic Act stipulates that the 
authorities should provide resources to help indigenous people develop 
a system of self-governance, formulate policies to protect their basic 
rights, and promote the preservation and development of their language 
and culture. The cabinet-level Council of Indigenous Peoples worked 
with other ministries to raise living standards in aboriginal regions 
through basic infrastructure projects. The council also provided 
emergency funds and college scholarships to the indigenous population.

    Other Societal Abuses and Discrimination.--There were no laws 
prohibiting homosexual activities. According to homosexual rights 
activists, antihomosexual violence was rare, but societal 
discrimination against homosexuals and persons with HIV and AIDS was a 
problem.
    Homosexual rights activists said instances of police pressure to 
close gay- and lesbian-friendly bars and bookstores decreased. 
Homosexual rights groups complained that law enforcement agencies 
switched their attention from monitoring Internet chat rooms and 
bulletin boards for sexually suggestive messages to personal blogs and 
prosecuted message posters in violation of constitutional free speech 
guarantees.
    Under the law doctors convicted of providing fertility treatments 
to unmarried persons face fines of up to NT$1.5 million ($46,000). 
Homosexual rights activists alleged the restrictions unfairly 
discriminate against homosexuals, who are not permitted to marry under 
the law.
    Employers convicted of discriminating against jobseekers on the 
basis of birthplace, sexual orientation, or age face fines of up to 
NT$1.5 million ($46,000).
    An amendment of the AIDS Prevention and Control Act allows foreign 
spouses infected with HIV to remain in Taiwan if they can show they 
were infected by their spouse, or by medical treatment received while 
in Taiwan. The amended law, renamed the HIV Prevention and Patients' 
Rights Protection Act, also stipulates that HIV-infected citizens 
cannot be denied access to education, medical services, housing, or 
other necessities.
Section 6. Worker Rights
    a. The Right of Association.--The right to unionize is protected by 
law but is highly regulated. Workers other than teachers, civil 
servants, fire fighters, doctors and healthcare workers, domestic 
workers, and defense industry workers, are protected by the Labor Union 
Law (LUL).
    Some public employees, including teachers, civil servants, and 
defense industry workers, have limited rights to form unions. Teachers 
and civil servants were allowed to form professional associations to 
negotiate with the authorities but were not allowed to strike. These 
restrictions led to a long-running dispute between the authorities and 
groups representing teachers and civil servants. Foreign workers are 
not allowed to form their own unions or to assume union leadership 
positions in existing unions.
    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 them to county and city authorities as well as to the CLA 
for review. Labor unions may be rejected or dissolved if they do not 
meet CLA certification requirements or if their activities disturb 
public order.
    As of June approximately 28 percent of the 10.8 million-person 
labor force belonged to one of the 5,654 registered labor unions. Many 
of them were also members of one of eight island-wide labor 
federations.
    The right to strike is provided by law, and workers exercised this 
right in practice. However, legal constraints make it difficult to 
strike, undermining the usefulness of collective bargaining. Workers 
may strike over issues of compensation and working schedules, but not 
living or working conditions. The law requires mediation of labor 
disputes when the authorities deem them to be sufficiently serious or 
to involve unfair practices. The law prohibits labor and management 
from disturbing the ``working order'' while mediation or arbitration is 
in progress. Critics contended the law has a chilling effect on the 
right to strike because it does not clearly state what conduct is 
prohibited. The law mandates stiff penalties for violations of no-
strike and no-retaliation clauses.

    b. The Right to Organize and Bargain Collectively.--The law gives 
workers the right to organize, bargain, and act collectively, although 
some positions are not afforded this right.
    As of June there were 71 collective agreements in force; however, 
they covered only a small proportion of the labor force, mainly in 
large companies; 93 percent of industrial labor unions had no 
collective agreements. No special labor laws or labor law exemptions 
apply to the export processing zones in Kaohsiung and Taichung.
    The LUL prohibits discrimination, dismissal, or other unfair 
treatment of workers because of union-related activities. Labor unions 
charged that during employee cutbacks labor union leaders were 
sometimes laid off first, or dismissed without reasonable cause. 
According to the Taiwan Confederation of Trade Unions and the Taiwan 
Labor Front, there is no specific penalty for the improper dismissal of 
a labor union leader.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor by adults and children. However, there were 
reports that such practices occurred. The authorities prosecuted 
numerous cases of forced child prostitution, and there was evidence of 
trafficking in persons into other industries such as household 
caregivers, farming, manufacturing, and construction (See Section 5).

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Labor Standards Law (LSL) stipulates age 15, at which compulsory 
education ends, as the minimum age for employment. County and city 
labor bureaus effectively enforced minimum-age laws.

    e. Acceptable Conditions of Work.--The LSL provides standards for 
working conditions and health and safety precautions. As of May the LSL 
covered an estimated 6.4 million of the 7.9 million salaried workers. 
Those not covered included health care workers, gardeners, bodyguards, 
teachers, doctors, lawyers, civil servants, and domestic workers.
    Foreign household caregivers and domestic workers were covered 
instead by the Employment Services Act, which does not guarantee a 
minimum wage or overtime pay, set limits on the workday or workweek, or 
provide for minimum breaks or vacation time. At the end of August, 
168,000 of the 373,000 foreign healthcare and domestic workers had 
applied for coverage under the Employment Services Act.
    There were no plans to increase the minimum monthly wage of 
NT$17,280 (approximately $535) or the minimum hourly wage of NT$104 
($3.22). While sufficient in less expensive areas, the minimum wage did 
not assure a decent standard of living for a single income family in 
urban areas such as Taipei. Labor rights activists alleged any benefit 
to foreign workers from previous increases to the monthly minimum wage 
largely had been offset by CLA's decision to allow employers to 
increase the maximum monthly deduction for room and board by NT$1,000 
($33). The average manufacturing wage was more than double the legal 
minimum wage, and the average wage for service industry employees was 
even higher.
    Legal working hours were 336 hours per eight--week period (for an 
average of 42 hours per workweek). A five-day workweek has been 
mandated for the public sector, and according to a CLA survey, more 
than half of private sector enterprises also reduced the normal 
workweek to five days.
    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. There was widespread criticism that the CLA did not 
effectively enforce workplace laws and regulations. In the first half 
of the year, CLA's 300 inspectors conducted 58,315 inspections, a 
decrease of 44 percent from the same period in 2007. Those 300 
inspectors were responsible for inspecting approximately 300,000 
enterprises covered by the Occupational Safety and Health Law. Labor 
NGOs and academics alleged that the labor inspection rate was far too 
low to serve as an effective deterrent against labor violations and 
unsafe working conditions.
    Regulations require intensified inspection and oversight of foreign 
labor brokerage companies. NGOs reported that labor brokers and 
employers regularly imposed high fees on foreign workers, frequently 
using the debt as a tool for involuntary servitude, and that foreign 
workers were unwilling to report employer abuses for fear the employer 
would terminate the contract and forcibly deport them, leaving them 
unable to pay back debt accrued to brokers or others. In January the 
CLA amended regulations governing the payment of wages to foreign 
workers to prevent employers from deducting foreign brokerage and other 
fees not in accordance with their contracts.
    To curb illegal salary deduction, in January the CLA announced that 
an employer may only deduct labor insurance fees, health insurance 
premiums, income taxes, and meal and lodging fees from the wages of a 
foreign worker. Violators face fines of NT$60,000 to 300,000 
(approximately $1,875 to 8,375) and lose hiring privileges.
    In January the CLA opened a Foreign Worker Direct--Hire Service 
Center. The center allowed local employers to rehire their foreign 
employees, especially caregivers, without a broker. NGOs, however, 
argued that procedures to rehire employees through the center were too 
complicated, discouraging most employers from using its services. Since 
February the amended Regulations Governing Employers for the Hiring of 
Foreign Workers allows foreign workers to change their employer/job 
with fewer area and frequency restrictions.
    The NIA is responsible for all immigration-related policies and 
procedures for foreign workers, foreign spouses, immigrant services, 
and repatriation of illegal immigrants.
    Foreign workers, not victims of trafficking or employer abuse, 
deemed to have worked illegally faced heavy fines, mandatory 
repatriation, and a permanent ban on reentering Taiwan.

                               __________

                                  FIJI

    Fiji is a constitutional republic with a population of 
approximately 828,000. The constitution provides for a ceremonial 
president selected by the Great Council of Chiefs and an elected prime 
minister and parliament. However, in 2006 the armed forces commander, 
Commodore Voreqe Bainimarama, overthrew the elected government in a 
bloodless coup d'etat. In January 2007 the interim military government 
was replaced by a nominally civilian interim government (``the interim 
government'') headed by Bainimarama as prime minister. Bainimarama and 
his Military Council controlled the security forces.
    The interim government denied citizens the right to change their 
government peacefully. The judiciary was subject to political 
interference. The interim government engaged in intimidation of the 
media and restricted the right to assemble peacefully. Other problems 
during the year included poor prison conditions, attacks against 
religious facilities, government corruption, deep ethnic divisions, 
violence and discrimination against women, and sexual exploitation of 
children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces were implicated in one unlawful killing. On July 28, 
police and prison officers beat Josefa Baleiloa, an escaped prisoner, 
while they were recapturing him. He fell into a coma as a result and 
died on September 16. The police commissioner announced that an 
investigation would be undertaken, but there were no results by year's 
end.
    On April 23, the High Court convicted three police officers of the 
murder of Tevita Malasebe, who died in police custody in June 2007, and 
sentenced them to life imprisonment. Five additional defendants were 
acquitted. Trials for military and police officers charged in the 
deaths of Nimilote Verebasaga in January 2007 and Sakiusa Rabaka in 
February 2007 remained pending.

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

    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the constitution prohibits such practices, the 
security forces did not always respect this prohibition in practice.
    The military in some cases assisted the Fiji Independent Commission 
against Corruption (FICAC) to investigate allegations of corruption, 
and there were reports that members of the military detained and 
assaulted civilians to obtain evidence in corruption cases. In December 
one FICAC case from Labasa was dismissed after witnesses told the 
magistrate that their statements were obtained after they were 
assaulted by military personnel.
    By year's end there had not been any government investigation into 
the injuries, including skull fractures, sustained by businessman Ballu 
Khan during his November 2007 arrest for allegedly planning to 
assassinate interim Prime Minister Bainimarama (See Section 1.d).

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards. The national prison system was seriously 
underfunded, with deteriorating infrastructure and poor delivery of 
essential services. The system had insufficient beds, inadequate 
sanitation, and a shortage of basic necessities. There were a large 
number of prison escapes during the year. The pretrial detention 
facility at Suva's prison remained closed due to its substandard 
condition.
    In some cases pretrial detainees and convicted prisoners were held 
together. Courts released pretrial detainees, including some facing 
serious charges, on bail to minimize their exposure to an unhealthy and 
overcrowded prison environment.
    Family members were routinely permitted to visit prisoners.
    The interim government permitted prison visits by independent human 
rights observers. During the year the International Committee for the 
Red Cross (ICRC) visited official detention facilities and interviewed 
detainees.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, but the Government did not always 
respect this prohibition in practice.

    Role of the Police and Security Apparatus.--The Ministry of Home 
Affairs, headed by the interim minister for defense, oversees the Fiji 
Police Force, which is responsible for law enforcement and the 
maintenance of internal security. Historically responsible for external 
security, the Republic of Fiji Military Force (RFMF) maintained that it 
has a broad constitutional responsibility for national security that 
also extends to domestic affairs. Many constitutional scholars in the 
country rejected that assertion.
    Police maintained a network of stations and posts throughout the 
country. Policing of more remote and smaller islands was done through 
regularly scheduled visits. In 2006 the RFMF established a joint 
military and police command center based at the Suva Central Police 
Station, blurring the lines of authority between the two forces. 
Military personnel were assigned to accompany police patrols and 
jointly man police checkpoints.
    The police internal affairs unit is statutorily responsible for 
investigating complaints of police misconduct. FICAC continued 
investigating public agencies and officials, including some members of 
the police and military forces. However, impunity and corruption 
remained problems.

    Arrest and Detention.--By law police officers may arrest persons 
without a warrant for violations of the penal code. Police also arrest 
persons in response to warrants issued by magistrates and judges. 
Arrested persons must be brought before a court without ``undue 
delay,'' normally 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. There was a well-functioning bail system.
    Detainees generally were allowed prompt access to counsel and 
family members. However, some journalists and others detained for short 
periods after criticizing the interim government were denied prompt 
access to a lawyer. For example, a journalist detained in August in 
Labasa after writing an article deemed by the Government to be a threat 
to national security was denied access to a lawyer or family members 
and told she would be allowed such access only after answering police 
questions.
    The Legal Aid Commission provided counsel to some indigent 
defendants in criminal cases, a service supplemented by voluntary 
services from private attorneys.
    On November 12, a High Court judge ruled that the police and RFMF 
had violated businessman Ballu Khan's rights, including his right to 
counsel, during his arrest in November 2007 and subsequent detention on 
charges of attempting to assassinate Bainimarama. The judge also found 
that the authorities used excessive force during Khan's arrest. He 
ordered a permanent stay on all proceedings against Khan in the case.
    The courts had a significant backlog of cases, and processing was 
slowed by, among other things, a shortage of prosecutors and judges. As 
a result some defendants faced lengthy pretrial detention.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, but during the year the interim government 
interfered with judicial independence in practice.
    The country's judicial structure is patterned on the British 
system. The principal courts are the magistrates' courts, the High 
Court, the Court of Appeal, and the Supreme Court. In addition to its 
jurisdiction in civil and criminal cases, the High Court has special-
interest jurisdiction on behalf of the public and is empowered to 
review alleged violations of individual rights.
    On December 5, suspended Chief Justice Daniel Fatiaki, whom the 
Government had accused of misconduct, resigned. The interim government 
reached an agreement with Fatiaki whereby he agreed to resign and 
withdraw legal proceedings he had initiated against the Government, and 
the Government in turn agreed to terminate its misconduct proceedings 
against him. President Ratu Josefa Iloilo appointed Acting Chief 
Justice Anthony Gates as chief justice to replace Fatiaki.
    In February the Judicial Services Commission, upon which then 
acting chief justice Gates sat, appointed five judges from the High 
Court to sit also on the Court of Appeal. Prior to these appointments, 
judges on the Court of Appeal (primarily foreign nationals) did not 
concurrently sit on the High Court.
    In February and November the interim government prohibited an 
International Bar Association delegation from visiting the country to 
evaluate the independence of the judiciary. The interim government also 
reiterated its refusal to allow the UN Special Rapporteur on the 
Independence of Judges to visit the country for the same purpose.
    Except for the Family Court, Employment Court, and various 
administrative tribunals, there are no special civilian courts. 
Military courts try members of the armed forces, and there is an 
internal police tribunal mechanism.

    Trial Procedures.--The constitution provides for the right to a 
fair trial. Defendants have the right to a public trial and to counsel, 
and the court system generally enforced these rights in practice. The 
Legal Aid Commission, supplemented by voluntary services of private 
attorneys, provided free counsel to some indigent defendants in 
criminal cases. Most cases were heard in the magistrates' courts, but a 
case cannot be tried in a magistrate's court without the defendant's 
consent. Absent such consent, cases are tried in the High Court. Trials 
in the High Court provide for the presence of assessors, typically 
three, who are similar to jurors but only advise the presiding judge. 
Defendants enjoy a presumption of innocence and may question witnesses, 
present evidence on their own behalf, and access government-held 
evidence relevant to their case. The right of appeal exists but often 
was hampered by delays in the process.
    The law extends these rights to all citizens.
    The military court system provides for the same basic rights as the 
civilian court system, although bail is granted less frequently in the 
military system.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or long-term political detainees. Police detained 
for short periods and questioned a number of journalists for reporting 
critical of the interim government.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters. There is access 
to a court to bring lawsuits seeking damages for, or cessation of, 
human rights violations. In the event of a human rights violation, an 
individual also may make a complaint to the Fiji Human Rights 
Commission (FHRC), which could resolve complaints through conciliation 
without referring them to the courts. A number of court cases filed by 
individuals and organizations negatively affected by the 2006 coup and 
interim government policies, alleging violations of the constitution 
and of human rights, remained pending at year's end.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, but the 
interim government frequently ignored these prohibitions in practice. 
The Government obtained private e-mail correspondence of anti-coup 
activists, lawyers, and journalists without their consent and 
circulated it publicly. The Government-appointed ombudsman and chair of 
the FHRC used the e-mails in a report to criticize the e-mails' 
authors.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, but the Government did not fully 
respect these rights in practice.
    The independent media were active and expressed a wide variety of 
views; however, the Government warned media outlets against making 
``inciting comments,'' and most practiced some degree of self-
censorship. The country's television news program production was owned 
and operated by Fiji One, one of two national noncable television 
stations. A trust operated by the Ministry of Fijian Affairs, on behalf 
of Fiji's provincial councils, owned 51 percent of Fiji One; the 
remainder was privately held. The Government owned the Fiji 
Broadcasting Corporation, which operated six radio stations, and also 
retained a shareholding of less than 20 percent in the Daily Post 
newspaper.
    During the year the Government harassed, intimidated, and in some 
cases detained for questioning a number of journalists in response to 
reporting which was critical of the Government. On February 12, three 
newly appointed Court of Appeal judges summoned Leone Cabenatabua, 
editor of the Fiji Sun newspaper, as well as Virisila Buadromo, head of 
the Fiji Women's Rights Movement, before the court in response to an 
article the Sun published in which Buadromo called the judges' 
appointments illegal. Cabenatabua and Buadromo were given verbal 
warnings, but no charges were brought against them. On August 2, police 
arrested and interrogated Isaac Lal of the Daily Post about an article 
linking a recaptured escapee, Josefa Baleiloa, to an alleged plot to 
assassinate national leaders. Lal was picked up after the police 
spokeswoman complained about being misquoted in the article; he was 
released later that evening. Also in August, police in Labasa detained 
for questioning and threatened Fiji Times reporter Serafina Silaitoga, 
who was five months pregnant at the time, after she reported on 
critical comments made by businessman and former member of Parliament 
Charan Singh regarding then finance minister Mahendra Chaudhry. She was 
held overnight and released without charge. Police also arrested Singh 
for allegedly making seditious comments against Chaudhry; he later was 
also released without charge.
    There were instances in which the Government attempted to impede or 
censor journalists' news coverage. On January 25, police detained a 
television news crew for five hours for ``disturbing police activity'' 
while filming a news segment on a public sidewalk. In June police 
prohibited a television station from broadcasting an interview with the 
son of a prominent politician on the grounds that the interview 
contained ``inciteful comments.'' Police obtained warrants and seized 
the original recording of the interview. On December 15, immigration 
authorities prohibited a foreign journalist from entering the country, 
based on a secret military ``watch list.'' The journalist had been 
placed on the list in July after filing a story that the military 
characterized as ``negative.'' The journalist was detained overnight in 
an immigration holding center, prevented from seeing consular staff 
that came to offer assistance, and placed on a flight to her home 
country. The Department of Immigration subsequently announced that 
foreign journalists would require clearance from the Department of 
Information before making arrangements to come to the country.
    The Media Council, a voluntary private watchdog group of media and 
academic figures, receives and seeks to resolve complaints of bias and 
malfeasance within the media.
    Legislation pertaining to the press is contained in the Newspaper 
Registration Act and the Press Correction Act. Under these acts all 
newspapers must register 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 may be sued in 
court and, if found guilty, fined. Individuals in such cases may be 
fined, imprisoned for six months, or both. These laws authorize the 
Government to arrest any person who publishes ``malicious'' material. 
This would include anything the Government considers false, likely to 
create or foster public alarm, or result in ``detriment'' to the 
public. However, this authority has never been used.
    In March then finance minister Mahendra Chaudhry filed a libel suit 
against the Fiji Times newspaper for allegedly defaming him by 
identifying him as the target of a tax evasion investigation; the case 
was pending at year's end.
    In November the interim government pursued contempt of court 
proceedings against the Fiji Times and the Daily Post newspapers after 
they published a letter to the editor criticizing a High Court decision 
upholding the interim government's legitimacy. Although both newspapers 
subsequently published an admission they were in contempt, the 
Government asked the court to impose fines and jail terms on the 
newspapers' publishers and editors. The cases were pending at year's 
end.
    The 1992 Television Decree permits the Government to influence 
programming content. The Government did not attempt to use this 
programming authority during the year.
    The interim government forcibly deported the publishers of the 
country's two largest circulation daily newspapers during the year, 
ostensibly on national security grounds. On February 28, the Government 
deported foreign citizen Russell Hunter, publisher of the Fiji Sun, 
stating that he had conducted himself in a manner prejudicial to 
national security. On May 2, the Government deported Fiji Times 
publisher Evan Hannah, also a foreign citizen, on the same grounds. 
Both men were taken from their homes by police and immigration 
officials. The Fiji Times obtained a timely court order prohibiting 
Hannah's deportation, but the interim government continued with the 
deportation; the authorities were served with copies of the court 
order, but claimed the officers carrying out the deportation did not 
receive a copy prior to placing Hannah on a flight out of the country. 
Both newspapers filed legal challenges to the deportations, which were 
scheduled to be heard in 2009. At a meeting with editors and news 
managers following Hannah's deportation, Bainimarama threatened to 
close down the two newspapers if they continued their trend of 
``negative reporting.''

    Internet Freedom.--There were no government restrictions on general 
public access to the Internet, but evidence suggested that the interim 
government monitored the private e-mail of its citizens (See Section 
1.f).
    The Internet was widely available and used in and around urban 
centers, and the majority of the population lived in areas with 
Internet coverage. However, low-income persons generally could not 
afford individual service, and other public access was very limited. 
Access outside urban areas was minimal or nonexistent.

    Academic Freedom and Cultural Events.--Academic freedom was 
generally respected; however, government work permit stipulations 
prohibit foreigners from participating in domestic politics. University 
of the South Pacific contract regulations effectively restrict most 
university employees from running for or holding public office or 
holding an official position with any political party.
    A national youth meeting planned by the Young People's Concerned 
Network, whose executive body included students at the university, was 
cancelled after the organization received threatening calls from 
police.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, but the 
interim government interfered with this right in practice. Although 
some civic organizations were granted permits to assemble, permits for 
all political demonstrations and marches were denied. The police 
commissioner and the ombudsman discouraged public dissent and 
politically oriented public gatherings by warning that security forces 
would actively enforce the public order laws.
    In April police detained and questioned 17 activists who were 
holding a vigil outside the Chinese embassy in support of Tibet; police 
stated that the participants did not have a permit for the protest. The 
activists were released after approximately seven hours.

    Freedom of Association.--The constitution provides for freedom of 
association. During the year the interim government did not restrict 
persons from joining nongovernmental organizations (NGOs), professional 
associations, or other private organizations.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Some municipal restrictions on opening hours for businesses 
during Christmas and Easter were imposed on all communities, not just 
those that were predominantly Christian.

    Societal Abuses and Discrimination.--Racial polarization was 
reflected in religious differences, which were largely along ethnic 
lines; this contributed to political problems. Most ethnic Fijians were 
Christians, and most Indo Fijians were Hindu, with a sizable minority 
of Muslims. The dominant Methodist Church has closely allied itself 
with the interests of the pro-indigenous--Fijian movement.
    Break-ins, vandalism, and arson directed at houses of worship, 
predominantly Hindu temples, were common. The attacks were broadly 
viewed as reflections of intercommunal tensions, although there was 
often evidence that theft was a contributing factor. There was no known 
Jewish community, and there were no reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, but the interim government frequently restricted or 
denied these rights in practice.
    The interim government maintained a list of persons banned from 
leaving the country, including the suspended chief justice prior to his 
resignation, human rights activists, and lawyers. Names on the list 
were not made public; travelers discovered their inclusion when they 
were turned back by airport immigration authorities. Some persons 
prohibited from leaving the country challenged the ban in court in 
2007, and these cases remained pending at year's end.
    The Government provided nominal cooperation with the Office of the 
UN High Commissioner for Refugees and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the interim government did not 
use it during the year.

    Protection of Refugees.--The country is a party to the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
but until 2008 the country's laws did not specifically provide for the 
granting of refugee status or asylum. In February the Government 
published a notice authorizing the entry into force of refugee-related 
provisions of the 2003 Immigration Act. However, by year's end the 
Government had not established a system for providing protection to 
refugees. The Government does not have an established procedure for 
providing protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the constitution provides citizens the right to change 
their government peacefully, the country was ruled by a military-backed 
interim government following the military overthrow of the popularly 
elected government in December 2006.

    Elections and Political Participation.--The most recent elections, 
held in 2006, were judged generally free and fair. Party politics was 
largely race based, although this did not limit participation in the 
political process. The governing Soqosoqo Duavata ni Lewenivanua (SDL) 
party was primarily ethnic Fijian, and the Fiji Labour Party (FLP), the 
second-largest party, was primarily Indo--Fijian, although both parties 
had membership across racial lines. After the elections the SDL 
established a multiparty cabinet with the FLP as required by the 
constitution. This government was removed by the RFMF under the 
leadership of Commodore Bainimarama during the 2006 coup.
    At year's end the country continued to be governed by the military-
led, nominally civilian government established in January 2007 by 
Bainimarama. Parliament remained suspended, and the Great Council of 
Chiefs (suspended in April 2007 by Bainimarama) had not been 
reconvened. There was little progress toward scheduling elections and 
returning to a democratically elected government.
    On September 5, former prime minister Laisenia Qarase and five 
fellow SDL parliamentarians lodged with the police allegations of 
treason against Bainimarama, his cabinet, 14 senior military officers, 
the police commissioner, and the head of the country's Catholic Church. 
The police commissioner stated that the police would not investigate 
the allegations, and by year's end no investigation had been 
undertaken.
    On October 9, the High Court dismissed a case brought by Qarase 
challenging the legality of the 2006 coup and of the interim 
government. The court held that the president's appointment of an 
interim government following the military coup was legally valid. On 
October 31, Qarase's SDL party filed an appeal of the High Court 
decision, which was pending at year's end.
    There was one woman in the nine-member interim government cabinet. 
Women played important roles in the traditional system of chiefs and 
could be chiefs in their own right.
    At year's end there was one Indo--Fijian minister in the interim 
cabinet and no other minority ministers. Indo--Fijians, who accounted 
for 38 percent of the population, continued to be underrepresented at 
senior levels of the civil service and greatly so in the military. 
Indo--Fijians comprised approximately 35 percent of the civil service 
overall.
    The political primacy of indigenous Fijians is to some extent 
enshrined in the constitution, which mandates that 14 of Parliament's 
32 senators be appointed by the indigenous Fijian Great Council of 
Chiefs, a hereditary body, and one by the Rotuma Island Council. The 
remainder is appointed by the Government and opposition. This 
arrangement essentially ensured indigenous Fijians effective control in 
the Senate. The constitution establishes a 71-member lower house with 
25 seats open to any ethnicity and 46 seats allocated to the different 
ethnic communities. Of the 46 communal seats, 23 are allotted to 
indigenous Fijians, 19 to Indo--Fijians, three to ``general voters'' 
(for the most part mixed-race, Caucasian, and East Asian voters), and 
one to Rotumans (an ethnically distinct Polynesian group). These 
allotments were generally proportional to the ethnic composition of the 
country's population in 1996, but the constitution does not provide for 
future changes in the allotments to reflect changes in the composition 
of the population.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, corruption, including 
within the civil service, has been a significant problem for post-
independence governments, and officials frequently engaged in corrupt 
practices with impunity.
    Despite measures by the interim government during the year to 
combat corruption within the bureaucracy, systemic corruption 
continued. In the absence of parliamentary oversight and other checks 
and balances, much government decision making was not transparent. The 
media raised numerous allegations of nonaccountability, abuse of 
office, fraud, nepotism, misuse of public property, financial 
mismanagement, failure to complete statutory audits, and conflicts of 
interest regarding officials and ministries during the year. The 
auditor general announced that in the absence of a sitting Parliament, 
audit reports would be compiled but would not be made public.
    Under the interim government, many military personnel were 
appointed to positions within government ministries, the diplomatic 
corps, the police, and other agencies, ostensibly to improve the 
inefficient bureaucracy.
    Public officials are not subject to financial disclosure laws. 
FICAC, created by the interim government in 2007, is the primary body 
responsible for combating government corruption.
    In February then finance minister Mahendra Chaudhry was named in 
press reports as having been investigated for tax evasion by the Fiji 
Islands Revenue and Customs Authority (FIRCA) in 2007. Several FIRCA 
employees involved in the investigation who were fired in 2007 alleged 
that they were fired to protect Chaudhry; the Government denied their 
allegations. On February 25, the prime minister stated that an 
independent inquiry into the matter had concluded that Chaudhry did not 
violate the tax laws. In August Chaudhry resigned from the cabinet for 
unrelated reasons.
    In March former prime minister Qarase was charged with abuse of 
office related to business transactions prior to becoming prime 
minister. In May FICAC charged Qarase with further abuse of office 
during his tenure as prime minister; he was released on bail, and the 
case was pending at year's end.
    Although the 1997 constitution instructs Parliament to enact a 
freedom of information law as soon as practicable, no such law has been 
enacted. The interim government was frequently unresponsive to public 
requests for government information. On December 31, the interim 
cabinet approved an amendment to a government decree allowing FICAC to 
prosecute the offense of ``misconduct in public office.'' The amendment 
gives FICAC authority to prosecute civil servants who divulge 
confidential government information to non-civil servants.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The interim government continued to scrutinize the operations of 
local and international NGOs, engendering a climate of uncertainty 
within the NGO community. Most NGOs practiced varying degrees of self-
censorship. Government officials were only cooperative and responsive 
to the views of NGOs that avoided criticizing the coup and the interim 
government.
    There were several NGOs that concentrated on a variety of local 
human rights causes, such as the Regional Rights Resource Team, the 
Pacific Center for Public Integrity, the Citizens' Constitutional 
Forum, the Fiji Women's Rights Movement, and the Fiji Women's Crisis 
Center. A number of UN organizations concerned with human rights had 
regional offices in the country and sought to work with the Government 
on various human rights issues. The ICRC continued to operate in the 
country.
    The interim government directed all those claiming human rights 
violations to report them to the FHRC. The FHRC received and reviewed 
reports of human rights violations and requests for assistance. During 
the year, however, the FHRC did not publish the results of any 
investigations into post-coup human rights abuses allegedly perpetrated 
by the interim government.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, sex, place 
of origin, ethnicity, sexual orientation, color, primary language, 
economic status, age, or disability. The Government generally enforced 
these provisions effectively, although there were problems in some 
areas.

    Women.--Rape, domestic abuse, incest, and indecent assault were 
significant problems. The penal code provides for a maximum punishment 
of life imprisonment for rape; however, most rapes were prosecuted in 
the magistrates' courts, which have a sentencing limit of 10 years. 
There were inconsistencies in the sentences imposed for rape by 
different magistrates; sentences generally ranged from one to six 
years' imprisonment. The Fiji Women's Rights Movement and the Fiji 
Women's Crisis Center pressed for more consistent and severe 
punishments for rape. The Court of Appeal has ruled that 10 years is 
the minimum appropriate sentence in child rape cases. Women's activists 
continued to press for the formal criminalization of spousal rape, 
which is not a specific offense; however, husbands have been convicted 
of raping their wives.
    Although there is no specific law against domestic violence, it can 
be prosecuted as assault. Police claimed to practice a ``no-drop'' 
policy, under which they pursued investigations of domestic violence 
cases even if a victim later withdrew her accusation. However, women's 
organizations reported that although police generally were more 
responsive to domestic violence cases than in the past, they were not 
always consistent. Courts dismissed some cases of domestic abuse and 
incest or gave the perpetrators light sentences. Incest was widely 
believed to be underreported. Traditional practices of reconciliation 
between aggrieved parties were sometimes taken into account to mitigate 
sentences in domestic violence cases. An active women's rights movement 
sought to raise public awareness about domestic violence.
    Four women's crisis centers funded by foreign governments operated 
in the country. The centers offered counseling and assistance to women 
in cases of domestic violence, rape, and other problems, such as child 
support.
    Prostitution is illegal, but it occurred, particularly in cities. 
Sex tourism is prohibited by law but reportedly occurred, particularly 
in tourist centers such as Nadi and Savusavu, including cases involving 
children. Taxi drivers, hoteliers, bar workers, and others reportedly 
acted as middlemen, facilitating the commercial sexual exploitation of 
children.
    The Human Rights Commission Act specifically prohibits sexual 
harassment, and criminal laws against ``indecent assaults on females'' 
prohibit offending the modesty of women and have been used to prosecute 
sexual harassment cases. Under a new employment relations law that came 
into effect in April, sexual harassment in the workplace is a specific 
ground of complaint that can be filed by workers.
    Women have full rights of property ownership and inheritance but 
often were excluded from the decision-making process on disposition of 
communal land, which constituted more than 80 percent of all land. Many 
women 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. 
According to the Asian Development Bank, approximately 30 percent of 
the economically active female population was engaged in the formal 
economy, and a large proportion of these women worked in 
semisubsistence employment or self-employment.

    Children.--The Government devoted approximately 25 percent of the 
national budget to education and also worked to improve children's 
health and welfare. School is mandatory until age 15, but the inability 
of some families to pay for uniforms, school fees, and bus fares 
limited attendance for some children.
    Corporal punishment was common both in homes and in schools, 
despite a Ministry of Education policy forbidding it in the classroom. 
Increasing urbanization, overcrowding, and the breakdown of traditional 
community and extended family-based structures led to an increasing 
incidence of child abuse and appeared to be factors that increased a 
child's chance of being exploited for commercial sex. Child 
prostitution was reported among high school students and homeless and 
jobless urban youth.
    Under the penal code, commercial sexual exploitation of children is 
a misdemeanor, punishable by sentences of up to two years' 
imprisonment. Children's rights advocates criticized this as inadequate 
and called for more severe criminal sanctions.
    Increasing urbanization led to more children working as casual 
laborers, often with no safeguards against abuse or injury.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
with penalties of up to 20 years' imprisonment and fines up to 
F$750,000 (approximately $426,000) for convicted traffickers. Several 
citizens of China who entered Fiji on student visas and were arrested 
for prostitution may have been trafficked. However, no further 
investigations were conducted before the women were deported to their 
country of origin. There were some reports of commercial sexual 
exploitation of children within the country during the year.
    The Government did not sponsor or provide assistance to any 
programs specifically designed to combat or prevent trafficking in 
persons.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--All persons are considered equal under 
the law, including persons with disabilities. Discrimination against 
persons with disabilities in employment, education, provision of 
housing and land, or provision of other state services is illegal. In 
addition the law provides for the right of access to places and all 
modes of transport generally open to the public and obliges proprietors 
of such places and services to ``facilitate reasonable access for 
disabled persons to the extent provided by law.'' Public health 
regulations provide penalties for noncompliance; however, there was 
very little enabling legislation on accessibility for persons with 
disabilities, and there was little or no enforcement of laws protecting 
them. Building regulations require new public buildings to be 
accessible to persons with disabilities, but only a few existing 
buildings met this requirement. There were only a small number of 
disabled-accessible vehicles in the country. There were a number of 
community organizations to assist those with disabilities, particularly 
children.
    Most persons with mental disabilities were separated from society 
and typically were supported at home by their families. 
Institutionalization of persons with severe mental disabilities was in 
a single overcrowded, underfunded public facility in Suva. There were a 
number of special schools for persons with physical, cognitive, and 
sensory disabilities; however, costs and location limited access. 
Opportunities for a secondary school education for those with 
disabilities were very limited.
    The Government-funded Fiji National Council for Disabled Persons 
worked to protect the rights of persons with disabilities. Several NGOs 
also promoted attention to the needs of persons with various 
disabilities.

    National/Racial/Ethnic Minorities.--Tension between ethnic Fijians 
and Indo--Fijians has been a longstanding problem. 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,'' but a nonjusticiable compact in the 
constitution also cites the ``paramountcy'' of Fijian interests as a 
guiding principle. The compact also provides for affirmative action and 
``social justice'' programs to ``secure effective equality'' for ethnic 
Fijians and Rotumans, ``as well as for other communities.'' The compact 
chiefly benefited the indigenous Fijian majority. The interim 
government publicly stated its opposition to such policies, which it 
characterized as racist, and called for the elimination of 
discriminatory laws and practices that favor one race over another; 
however, as of year's end, they remained in place.
    Prior to the 2006 coup, most post-independence governments pursued 
a policy of political predominance for ethnic Fijians. Land tenure 
remained a highly sensitive and politicized issue. Ethnic Fijians 
communally held approximately 87 percent of all land, the Government 
held approximately 4 percent, and the remainder was freehold land, 
which private individuals or companies may hold.
    Ethnic Fijians' traditional beliefs, cultural values, and self-
identity are closely linked to the land. Most cash-crop farmers were 
Indo--Fijians, the majority of whom are descendants of indentured 
laborers who came to the country during the British colonial era. 
Virtually all Indo--Fijian farmers were obliged to lease land from 
ethnic Fijian landowners. Many Indo--Fijians believed that their very 
limited ability to own land and their consequent dependency on leased 
land from indigenous Fijians constituted de facto discrimination 
against them. A pattern of refusals by ethnic Fijian landowners to 
renew expiring leases continued to result in evictions of Indo--Fijians 
from their farms and their displacement to squatter settlements. This 
situation contributed significantly to communal tensions. Many 
indigenous Fijian landowners in turn believed that the rental formulas 
prescribed in the national land tenure legislation discriminated 
against them as the resource owners.

    Other Societal Abuses and Discrimination.--The constitution 
prohibits discrimination on the basis of sexual orientation. The 
preexisting penal code criminalizes homosexual acts between males, but 
the judiciary has held these provisions to be unconstitutional.
    There was some societal discrimination against homosexuals and 
persons with HIV/AIDS, although there was no systemic discrimination. 
There were no known cases of violence directed at homosexuals or 
persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law protect the 
rights of workers to form and join unions, elect their own 
representatives, publicize their views on labor matters, and determine 
their own policies, but the authorities did not always respect all of 
these rights in practice.
    In December Tevita Koroi, president of the Fijian Teachers 
Association, was suspended from his position as principal of Nasinu 
Teachers College and charged with disciplinary offenses after making 
public statements critical of the interim government. Viti Civil 
Servants Union president Taniela Tabu received threats after making 
similar critical statements.
    An estimated 31 percent of the work force was unionized. All unions 
must register with, but are not controlled by, the Government. A new 
employment law implemented in April gives unions the right to appeal to 
the Employment Relations Tribunal against an adverse decision by the 
trade union registrar. While some unions were ethnically based, most 
were not, and both Indo--Fijians and ethnic Fijians held leadership 
roles in the trade union movement.
    Under the new employment law, it is an offense for an employer to 
victimize any worker or make it a condition of employment for a worker 
not to belong to a union. The law allows restrictions on the right of 
association if necessary in the public interest or to protect national 
security, and police, military, and prison personnel are prohibited 
from forming or joining a union.
    The law provides for the right to strike, except in the case of 
police, military, and prison personnel; their working conditions are 
covered under separate laws. Unions can conduct secret strike ballots, 
but must give the registrar 21 days' notice. The Ministry of Labour 
also must be notified 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. To carry out a legal strike, 
organizers of strikes in certain ``essential services'' must give an 
employer an additional 28 days' notification.
    The law permits the minister of labor to declare a strike unlawful 
and refer the dispute to a permanent arbitrator; in these circumstances 
workers and strike leaders can face criminal charges if they persist in 
strike action.
    There were strikes during the year, some of which were declared 
unlawful by the Government and at year's end were in arbitration 
proceedings.

    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively. However, wage 
negotiations generally were conducted at the level of individual 
companies rather than industry wide. Traditional key sectors of the 
economy, including sugar and tourism, were heavily unionized. Although 
the law allows unionization, union organizers' jobs were not protected, 
resulting in low unionization in some sectors.
    Under the new employment law, any trade union with six or more 
members may enter into collective bargaining with an employer. The new 
law allows individual employees as well as unions to bring a dispute 
with employers before a permanent secretary for mediation. While 
previously only unions could file such cases on behalf of their 
members, the new law extends the same protection to nonunionized 
workers, who made up the majority (approximately 70 percent) of the 
work force. Individuals, employers, and unions on behalf of their 
members may submit employment disputes and grievances alleging 
discrimination, unfair dismissal, sexual harassment, or certain other 
unfair labor practices to the Ministry of Labour. If mediation fails, 
the authorities may refer the dispute to the Employment Relations 
Tribunal; the tribunal's decision can be appealed to the Employment 
Court (a division of the High Court) and from there to the Court of 
Appeal and the Supreme Court.
    Union organizers were occasionally vulnerable to dismissal or to 
other interference by employers, particularly when operating on company 
premises, although in theory they have legal protection.
    Export processing zones (EPZs) are subject to the same laws as the 
rest of the country. Labor groups reported continuing difficulties 
organizing workers in the EPZs, however, due to fear of employer 
reprisals. With the decline of the garment industry in the country, the 
number of workers employed in the EPZs also declined significantly.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, including by children, but there 
were reports of commercial sexual exploitation of children.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Inadequate enforcement of existing child labor regulations failed to 
fully protect children from workplace exploitation. Under the law 
children under age 12 may not be employed except in a family-owned 
business or agricultural enterprise. Children between ages 12 and 15 
may be employed on a daily wage basis in nonindustrial work not 
involving machinery, provided they return to parents or guardian every 
night. 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. The Ministry of Labour deployed 
inspectors nationwide to enforce compliance with labor laws, including 
those covering child labor. However, there was no comprehensive 
government policy to eliminate the worst forms of child labor. 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 prostitutes. There were reports of 
commercial sexual exploitation of children during the year.

    e. Acceptable Conditions of Work.--There was no single, national 
minimum wage, although the Wages Councils set minimum wages for certain 
sectors. Entry-level wages in unregulated sectors, especially service 
industries, provided a sparse and often only marginally adequate 
standard of living for a worker and family. There is no single national 
limitation on maximum working hours for adults; however, there are 
restrictions and overtime provisions in certain sectors. Workers in 
some industries, notably transportation and shipping, worked excessive 
hours.
    There are workplace safety laws and regulations, and a worker's 
compensation act. Safety standards apply equally to citizens and 
foreign workers; however, government enforcement suffered from a lack 
of trained personnel and delays in compensation hearings and rulings. 
Unions generally monitored safety standards in organized workplaces, 
but many work areas did not meet standards and not all were monitored 
by the Ministry of Labour for compliance. The law accords employees the 
right to remove themselves from a hazardous worksite without 
jeopardizing their employment, but most feared the loss of their jobs 
if they did so.

                               __________

                               INDONESIA

    Indonesia is a multiparty democracy with a population of 
approximately 245 million. Susilo Bambang Yudhoyono became the first 
directly elected president in free and fair elections in 2004. Civilian 
authorities generally maintained effective control of the security 
forces, although the fact that the Indonesian Armed Forces (TNI) 
continued to be partly self financed weakened this control.
    The Government generally respected the human rights of its citizens 
and upheld civil liberties. Nonetheless, there were problems during the 
year in the following areas: killings by security forces; vigilantism; 
harsh prison conditions; impunity for prison authorities and some other 
officials; corruption in the judicial system; limitations on free 
speech; societal abuse and discrimination against religious groups and 
interference with freedom of religion, sometimes with the complicity of 
local officials; instances of violence and sexual abuse against women 
and children; trafficking in persons; child labor; and failure to 
enforce labor standards and worker rights.
    Basic freedoms have expanded since 1999, and during the year the 
Government took significant measures to advance human rights and 
consolidate democracy including the public trial and sentencing of 13 
marines in connection with the May 2007 Alastlogo clash; some 
prosecutions of high-level officials for corruption; President 
Yudhoyono's acknowledgement and acceptance of the conclusion and 
recommendation of the Indonesia/Timor-Leste Commission on Truth and 
Friendship that Indonesian security forces bore institutional 
responsibility for 1999 human rights abuses and should undergo enhanced 
human rights training; and the Supreme Court reinstated the 20-year 
sentence against Pollycarpus Prianto for the 2004 killing of Munir Said 
Thalib.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
there were reports of killings by security force personnel.
    On February 2, Indonesian Armed Forces (TNI) personnel from the 731 
Kabaresi Infantry Battalion attacked Masohi Police Station in Masohi 
City, Central Maluku, in response to reports that the police had 
detained a TNI member. Two police officers and one soldier were killed. 
Ten TNI personnel were questioned following the incident, and the 
battalion commander was relieved of command. Prosecutors recommended 
that two members of 731 Kabaresi Infantry Battalion, Syukur Yadhi and 
Taufik Tamagola, be sentenced to 15 months in prison and that three 
others be sentenced to 18 months. At year's end a trial was ongoing.
    On April 23, forest rangers in Sekidang Forest, Bojonegoro 
District, East Java, shot at a group of farmers for cutting brush for 
firewood, killing two and badly injuring a third. The trial for the 
head of the forestry management unit, Supriyanto, began on September 2, 
on charges of torture and murder.
    On August 9, Opinus Tabuni, a Papuan man, was shot and killed 
during a peaceful rally in Wamena. A National Human Rights Commission 
(Komnas HAM) investigation team and forensic evidence linked the 
killing to the TNI.
    On or about October 17, one of the organizers of a demonstration in 
Jayapura, Yosia Syet of Sentani, was killed. A hospital autopsy 
concluded he had died as a result of torture. Security forces were 
alleged to have killed another Papuan demonstrator, Martinus Grewas, in 
Sorong.
    On May 17, the Padang Military Court in West Sumatra sentenced 
Lieutenant Colonel Untung Sunanto to four years in prison and dismissed 
him from the military in connection with the May 2007 killing of Rusman 
Robert. Sunanto appealed the conviction.
    On August 14, in connection with the May 2007 clash in Alastlogo 
village in which four persons were killed and eight injured, the 
Surabaya Military Tribunal sentenced 10 marines to 18 months in prison. 
Three other defendants--platoon commander Lieutenant Budi Santoso, 
Private First Class Suyanto, and First Corporal Suratno--were sentenced 
to three years, two years, and one year respectively. They were also 
discharged from the military.
    A TNI member and a civilian were arrested in connection with the 
September 2007 clashes between police and TNI personnel in Ternate, 
North Maluku, that left two police officers dead, two injured, and two 
TNI personnel injured. The police reported that individuals had been 
sentenced to prison in connection with the clashes, but additional 
details were not disclosed.
    There were no developments in the following 2006 cases: the January 
shooting in Paniai, Papua, which killed one and injured two others; the 
March death of a man on a motorcycle in Peudawa, East Aceh; and the 
July alleged killing in Keude Paya Bakong, North Aceh.
    On January 25, the Supreme Court reaffirmed the conviction of 
Pollycarpus Budihari Priyanto and sentenced him to 20 years in prison 
for the 2004 murder of Munir Said Thalib. On February 11, former Garuda 
Airlines director Indra Setiawan was sentenced to a year in prison for 
abetting the murder. In June retired army general Muchdi 
Purwoprandjono, who was deputy head of the National Intelligence Agency 
at the time of the killing, was arrested on charges of planning Munir's 
murder. On December 31, the South Jakarta District court acquitted 
Muchdi of all charges. The prosecution reportedly planned to appeal.
    Komnas HAM reopened investigations into the 1999 killing of four 
demonstrators at Jakarta's Semanggi intersection and the 1998 killing 
of four students at Trisakti University and nine demonstrators at 
Semanggi intersection. In a departure from past practice, one retired 
general and some retired police officers cooperated with a Komnas HAM 
investigation into the 1989 Talangsari massacre. Komnas HAM resubmitted 
its findings to the Attorney General's Office (AGO), but the AGO 
returned the documents to Komnas HAM as ``incomplete.''
    On March 23, in West Timor a group of youths allegedly stabbed and 
killed Paulino Lopes, a former refugee from East Timor. In response the 
Lopes family reportedly gathered a mob of former refugees who burned 11 
houses in a neighboring village. The TNI restored order. No arrests 
were made.
    On November 8, Ali Gufron, Imam Samudra, and Amrozi Nurhasyim were 
executed for their roles in the 2002 Bali bombing.

    b. Disappearance.--The Government reported little progress in 
accounting for persons who disappeared in previous years or in 
prosecuting those responsible for such disappearances. The criminal 
code does not specifically criminalize disappearance.
    On April 1 and 28, Komnas HAM resubmitted its 2006 report on the 
1998 abductions of 12 to 14 prodemocracy activists to the AGO. Despite 
refusals from military personnel to cooperate in the investigation, 
Komnas HAM concluded that all victims still missing were dead and 
identified suspects for an official investigation without publicly 
releasing their names. During 2006-07 the AGO took no action, stating 
that it could not prosecute these crimes unless the House of 
Representatives (DPR) declared them gross human rights violations. In 
October a special committee of the DPR began conducting hearings into 
the matter.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution states that every person shall have the 
right to be free from torture, inhuman, and degrading treatment. The 
law criminalizes the use of violence or force by officials to elicit a 
confession, punishable by up to four years in prison, but the criminal 
code does not specifically criminalize torture. In previous years law 
enforcement officials widely ignored, and were rarely tried, under this 
statute. The Government made some efforts to hold members of the 
security forces responsible for acts of torture. For example on April 
28, the Jambi District Court sentenced six police mobile brigade 
officers to two months in prison each for torturing a Batanghari 
University student. In 2007 the UN special rapporteur on torture, 
Manfred Nowak, reported evidence of torture in many police detention 
facilities in Java. Nowak reported torture was common in certain jails 
and used to obtain confessions, punish suspects, and seek information 
that incriminated others in criminal activity. Torture typically 
occurred soon after detention. There were reports that detainees were 
beaten with fists, sticks, cables, iron bars, and hammers. Some 
detainees reportedly were shot in the legs at close range, subjected to 
electric shock, burned, or had heavy implements placed on their feet.
    A January/February survey by the Jakarta Legal Aid Institute of 412 
respondents in various detention places found that acts of torture and 
other ill treatment remained common. The survey also stated that 367 of 
the respondents who were interrogated at police stations alleged abuse 
during the arrest and interrogation process.
    Police allegedly beat and kicked detainees following a July 19 
demonstration in the western Papuan city of Fakfak. In October, 17 
persons were detained and allegedly beaten in Jayapura following a 
demonstration. One of the organizers of the demonstration according to 
a hospital autopsy died as a result of torture.
    On October 8, the Banda Aceh District Court sentenced four police 
officers to three months in jail each for beating and sexually abusing 
two gay men in January 2007 in Banda Raya, Nanggroe Aceh Darussalam. 
The two gay men were physically and verbally abused by their neighbors 
and then arbitrarily arrested, beaten, and sexually abused by police.
    During the year 36 persons were publicly caned in Aceh under the 
local Shari'a (Islamic law) for gambling. Unlike in the previous year, 
according to the Aceh Shari'a Court, there were no cases of caning for 
consuming alcohol or being alone with persons of the opposite sex.
    On May 8, police cadets in Semarang, Central Java, tortured 
classmate Tri Pramuda Siburian in the police academy dormitory 
compound. The victim's hands were handcuffed from behind and he 
suffered beatings, cigarette burns, and electric shocks. The police 
academy governor dismissed one cadet, delayed graduation for five 
cadets, and demoted 22 to a lower class.
    On May 12, senior cadets at the Maritime Higher Education and 
Training Institute, beat and killed cadet Agung B. Gultom. On December 
10, the Central Jakarta District Court sentenced three students, 
Lasmono, Anggi Dwi Wicaksono, and Hari Nugraha, to five years in prison 
in the beating death.
    On February 1, five fellow students were sentenced to eight month 
prison terms for the April 2007 beating death of Cliff Muntu at the 
Government's Institute for Public Administration.
    On May 30, the chief warrant officer of Malang Military subdistrict 
command Masu'udi tortured Mujib, a local civilian. On June 16, the 
hospitalized Mujib died from his injuries. Masu'udi was detained for 21 
days in the military subdistrict command post; additional information 
on his punishment was not publicly available.
    There were instances in which police failed to respond to mob or 
vigilante violence. Mobs carried out vigilante justice, but reliable 
statistics on such actions were not available. Incidents of theft or 
perceived theft triggered many such incidents. During a June 1 
propluralism demonstration, Islamic militants attacked the 
demonstrators, some of whom were injured. The police allegedly did 
little to protect the demonstrators. During the September trial of the 
militant leaders, their followers allegedly attempted to physically 
intimidate and attack prosecution witnesses. Again the police were said 
to have done little to protect the witnesses.

    Prison and Detention Center Conditions.--Conditions at the 
country's 397 prisons and detention centers were harsh. Overcrowding 
was widespread. In Java occupancy frequently was two or three times 
more than recommended capacity. According to a UN official, nationally 
the designed capacity was for 70,000 inmates but there were 136,000. 
Guards regularly extorted money from and mistreated inmates. There were 
widespread reports that the Government did not supply sufficient food 
to inmates, and family members often brought food to supplement their 
relatives' diets. Family members reported that prison officials often 
sought bribes to allow relatives to visit inmates. Unruly detainees 
were held in solitary confinement for up to six days on a rice-and-
water diet.
    By law, children convicted of serious crimes should serve their 
sentences in juvenile prisons. However, according to a November 2007 
statement by the UN special rapporteur on torture, children were 
incarcerated with adults in both pretrial detention centers and in 
prisons. 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.
    On September 22, a prison guard at Abepura Prison outside Jayapura 
beat prisoner Ferdinand Pakage, who suffered injuries to his arms, 
legs, and head, and lost sight in his right eye. Abepura Prison was 
overcrowded and deteriorating with many poorly trained personnel.
    There were no official restrictions on prison visits by human 
rights monitors, and prison officials granted varying degrees of 
access, including to the International Committee of the Red Cross and 
to the UN.

    d. Arbitrary Arrest or Detention.--The law contains provisions that 
protect against arbitrary arrest and detention but lacks adequate 
enforcement mechanisms, and some authorities routinely violated these 
provisions.

    Role of the Police and Security Apparatus.--The president appoints 
the national police chief, subject to DPR confirmation. The police 
chief reports to the president but is not a full member of the cabinet. 
The national police force has approximately 350,000 personnel deployed 
throughout the 33 provinces. The police maintain a centralized 
hierarchy; locally deployed forces formally report to their national 
headquarters, although during the year cooperation with local 
governments increased. The military is responsible for external defense 
but also has a residual obligation to support the police with its 
domestic security responsibilities. In Aceh the Shari'a police, a 
provincial body, is responsible for enforcing Shari'a law. During the 
year the National Police arrested 378 officers for criminal 
infractions. Of these, 198 were charged with misconduct and 161 were 
dishonorably discharged; the others received administrative and 
disciplinary punishments. The police continued to focus on improving 
police professionalism and emphasizing law enforcement ethics. All 
police training institutions include a human rights component in their 
curricula. However, impunity and corruption remained problems in some 
areas. Police commonly extracted bribes ranging from minor payoffs in 
traffic cases to large bribes in criminal investigations.
    According to the Indonesian Police Commission, 21,600 police 
officers were ``legally processed'' for misconduct including violations 
of police regulations, criminality, or violations of ethical standards 
from January to June.
    There have been no known developments in the August 2007 Maluku 
Internal Investigation Division arrest of a police brigadier general in 
connection with an allegation that he had committed torture using 
electric shock.

    Arrest and Detention.--The law provides prisoners with the right to 
notify their families promptly and 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. 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 law limits 
periods of pretrial detention. Police are permitted an initial 20-day 
detention, which can be extended to 60 days by the prosecutors while 
the investigation is being completed; prosecutors may detain a suspect 
for a further 30 days during the prosecution phase, and may seek a 20-
day extension from the courts. 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 court may extend detention periods up to an additional 60 
days at each level if a defendant faces a possible prison sentence of 
nine years or longer or if the individual is certified to be mentally 
disturbed. During the year authorities generally respected these limits 
in practice. The antiterrorism law allows investigators to detain any 
person who, based on adequate preliminary evidence, is strongly 
suspected of committing or planning to commit any act of terrorism for 
up to four months before charges must be filed.
    During his November 2007 visit, the UN special rapporteur on 
torture found that in many instances the authorities did not grant 
bail, frequently prevented access to defense counsel during 
investigations, and limited or prevented access to legal assistance 
from voluntary legal defense organizations. Court officials sometimes 
accepted bribes in exchange for granting bail.
    By law a suspect or defendant has the right to the legal counsel of 
their choice at every stage of an investigation. Court officials will 
provide free legal counsel to persons charged with offenses that carry 
a death penalty or imprisonment of 15 years or more, or to destitute 
defendants facing charges that carry a penalty of five years or more. 
Suspects have the right to bail and to be notified of the charges 
against them.

    e. Denial of Fair Public Trial.--The law provides for judicial 
independence; however, in practice the judiciary remained susceptible 
to influence from outside parties, including business interests, 
politicians, and the military. Low salaries continued to encourage 
acceptance of bribes, and judges were subject to pressure from 
government authorities, which appeared to influence the outcome of 
cases.
    Under the Supreme Court are general, religious, military, and 
administrative courts. The Supreme Court normally considers only the 
lower courts' application of the law. Another avenue for appeal, 
judicial review, allows the Supreme Court to revisit cases that have 
already been decided (including by the Supreme Court itself), provided 
there is new evidence that was not available during earlier trials. 
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 certain 
electoral disputes, and decide allegations of treason or corruption 
against the president or vice president. The Constitutional Court 
demonstrated significant independence and continued to overturn 
legislation that it found unconstitutional. During the year the 
Constitutional Court found provisions of the election law to be 
unconstitutional.
    In September 2007 the Corruption Eradication Commission (KPK) 
arrested, for accepting a bribe, Irawady Joenoes, a member of the 
Judicial Commission, which among other things proposes candidates for 
the Supreme Court justices and monitors its performance. On March 14, 
the anticorruption court sentenced Joenoes to eight years' imprisonment 
and a fine of 400 million rupiah ($40,000). An appeals court reduced 
Joenoes' sentence to six years, and at year's end the Supreme Court was 
considering a further appeal. The anticorruption court reached verdicts 
more quickly, had a higher conviction rate, and issued longer sentences 
than the normal court system. The proposed requirement that corruption 
defendants wear special prisoner uniforms and have their hands cuffed 
during judicial procedures has been criticized as a violation of the 
presumption of innocence.
    Widespread corruption throughout the legal system continued. Bribes 
and extortion influenced prosecution, conviction, and sentencing in 
civil and criminal cases. In 2007 the National Ombudsman Commission 
reported receiving 218 complaints of judicial corruption involving 
judges, clerks, and lawyers. Key individuals in the justice system were 
accused of accepting bribes and of turning a blind eye to other 
government offices suspected of corruption. Legal aid organizations 
reported that cases often moved very slowly unless a bribe was paid. 
With the Judicial Commission stripped of its powers, responsibility for 
judicial supervision rests with 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 courts, including 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 to 
prepare a case. While administratively managed by the Supreme Court, 
military prosecutors were responsible to the TNI for the application of 
laws. The Supreme Court exercises administrative control over civil, 
military, and religious courts. A three-person panel of military judges 
heard trials, while the High Military Court and the Primary Military 
Court heard appeals. Some civilians criticized the short length of 
prison sentences imposed by military courts. TNI legal officials noted 
that all personnel sentenced to terms of three months or longer, 
regardless of their record or length of service, were discharged from 
military service. Human rights nongovernmental organizations (NGOs) 
complained that the military judicial process was not transparent and 
that they were unable to confirm any cases of military personnel who 
committed human rights violations serving time for their crimes. NGO 
sources said that military court proceedings all the way to the Supreme 
Court were not public. The trials of the marines charged in the May 
2007 Alastlogo killings were public (See Section 1.a.).
    Four District Courts located in Surabaya, Makassar, Jakarta, and 
Medan are authorized to adjudicate cases of gross human rights 
violations. By year's end only the Makassar and Jakarta courts had 
adjudicated such cases. The law provides for each court to have five 
members, including three non-career human rights judges, who are 
appointed to five-year terms. Verdicts can be appealed to the standing 
appellate 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.
    Under the Shari'a court system in Aceh, 19 district religious 
courts and one court of appeals heard cases. The courts heard only 
cases involving Muslims and used decrees formulated by the local 
government rather than the penal code. Critics argued that Shari'a 
regulations were procedurally ambiguous. For example, whether 
defendants had a right to legal aid was unclear and was inconsistently 
implemented. Although Shari'a cases were supposed to be tried in closed 
hearings, during the year there were numerous problems with trial 
proceedings going forward in open court.

    Trial Procedures.--The law presumes that defendants are innocent 
until proven guilty. 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. 
However, the courts allowed forced confessions and limited the 
presentation of defense evidence. Defendants have the right to avoid 
self-incrimination. In each of the country's 755 courts, a panel of 
judges conducts trials by posing questions, hearing evidence, deciding 
on guilt or innocence, and imposing punishment. Both the defense and 
prosecution can appeal.
    The law gives defendants the right to an attorney from the time of 
arrest and at every stage of examination and requires that defendants 
in cases involving capital punishment or a prison sentence of 15 years 
or more be represented by counsel. In cases involving potential 
sentences of five years or more, the law requires that an attorney be 
appointed if the defendant is indigent and requests counsel. In theory 
indigent defendants may obtain private legal assistance, and NGO lawyer 
associations provided free legal representation to indigent defendants. 
In some cases procedural protections, including those against forced 
confessions, were inadequate to ensure a fair trial.
    On April 7, militia commander Eurico Guterres, who had been 
sentenced to 10 years in prison in connection with atrocities that 
occurred during 1999 in Timor-Leste, was released from prison based on 
new evidence that reportedly proved his innocence.

    Political Prisoners and Detainees.--During the year at least 30 
Papuan independence activists, including a 16-year-old boy, were in 
detention for flag raising. Filep Karma and Yusak Pakage remained in 
detention serving 15 and 10 years respectively for their role in a flag 
raising. Individuals in Malaku, including Johan Teterisa who received a 
life sentence, were also given long sentences for flag raisings. They 
were charged with incitement of hatred and rebellion. The number of 
flag raisings increased after the issuance of a government regulation 
that banned the use of separatist-linked regional symbols.
    In October 2007 the authorities arrested Papuan human rights 
activist Iwanggin Sabar Olif on suspicion of incitement of hatred and 
defamation for forwarding text messages. In December 2007 Olif was 
charged with incitement to hatred. Some observers believed he was 
singled out for arrest for his human rights activities. He received 
regular access to legal counsel. At year's end Olif remained under 
house arrest, and his trial was ongoing.

    Civil Judicial Procedures and Remedies.--The civil court system can 
be used to seek damages for victims of human rights violations; 
however, corruption and political influence limited access of victims 
to this remedy.

    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. Authorities occasionally conducted warrantless 
surveillance on individuals and their residences and monitored 
telephone calls. Corrupt officials sometimes subjected migrants 
returning from abroad, particularly women, to arbitrary strip searches, 
theft, and extortion.
    In some parts of the country, particularly in Kalimantan and Papua, 
residents believed that government-sponsored transmigration programs, 
which move households from more densely populated areas to less 
populated regions, interfered with their traditional ways of life, land 
usage, and economic opportunities. Although the number of new persons 
in transmigration was significantly less than in previous years, the 
Government continued to support approximately 8,600 households moved in 
2007 from overpopulated areas to 403 isolated and less-developed areas 
in 20 provinces.
    The Government used its authority, and at times intimidation, to 
expropriate land for development projects, often without fair 
compensation. In other cases state-owned companies were accused of 
endangering resources upon which citizens' livelihood depended. A 
presidential decree on land acquisition for public use allows the 
Government to acquire land for private development projects even if 
landowners have not agreed on the amount of compensation. A number of 
NGOs argued that the decree served the interests of wealthy developers 
at the expense of the poor.
    Land disputes continued to generate charges of unfair evictions and 
the use of excessive force by security officials. During the year there 
was a significant decrease in evictions of squatters living on 
government land and of street vendors. The NGO Poor People's Alliance 
reported that approximately 12,000 persons were evicted from their 
homes or informal businesses during the year. The NGO Jakarta Legal Aid 
estimated that security officials evicted 5,935 persons from the North 
Jakarta turnpike during 2007, compared with 6,000 in all of Jakarta in 
2006.
    On July 23, in Tanah Runtu, Central Kalimantan, police detained 
five local residents because of a land dispute between local residents 
and a palm oil company. At year's end two of them remained in police 
custody.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and the law 
provide for freedom of speech and freedom of the press; however, the 
Government at times restricted these rights in practice. Politicians 
and powerful businessmen filed criminal or civil complaints against 
journalists whose articles they found insulting or offensive; some 
journalists faced threats of violence. Nonetheless, a vigorous, 
independent media operated in the country and expressed a wide variety 
of views generally without restriction.
    In 2006 and 2007 the Constitutional Court annulled or ruled 
unconstitutional various provisions of the Criminal Code which provided 
special protections to the president, the vice president, and the 
Government. During the year a debate over revisions to the Criminal 
Code that would restore a measure of protection against defamation 
continued.
    During the year authorities arrested at least 30 persons for 
raising separatist flags in Papua. Although the Papua Special Autonomy 
Law permits flying a flag symbolizing Papua's cultural identity, a 
government regulation prohibits the display of the Morning Star flag in 
Papua, the South Maluku Republic (RMS) flag in Maluku, and the Crescent 
Moon flag in Aceh. On March 13, police arrested 12 persons in 
Manokwari, West Papua, during a demonstration against the regulation.
    On August 9, thousands of persons in Jayawijaya District, Wamena, 
Papua, gathered to mark the International Day of the World's Indigenous 
People. During the rally the Morning Star flag was raised, along with 
the UN and Indonesian flags. Opinus Tabuni was shot and killed during 
the demonstration. At year's end an investigation was still underway.
    In April the Ambon District Court sentenced three persons, Ferdinan 
Waas, Samual Hendriks, and Josias Sinay, to 10 years in prison for 
their roles in the display of the RMS flag during a dance welcoming 
President Yudhoyono to Ambon in June 2007. From October 2007 to June 
2008, at least 55 alleged RMS separatists were sentenced, while five 
others awaited verdicts.
    On April 25, the RMS anniversary, the police imposed increased 
security measures, and, unlike in previous years, there were no reports 
of RMS flag raisings.
    The Government continued to restrict foreign journalists, NGOs, and 
parliamentarians from traveling to the provinces of Papua and West 
Papua by requiring them to request permission to travel through the 
Foreign Ministry or an Indonesian embassy. The Government approved some 
requests and denied others. Some journalists traveled to Papua without 
permission. There were no reports of restrictions on journalists 
traveling to previous areas of conflict in Aceh, Maluku, North Maluku, 
and Sulawesi.
    Journalists faced widespread violence and intimidation. However, 
the Alliance of Independence Journalists reported a slight decrease in 
violence against journalists, with 60 cases this year, compared with 65 
cases in 2007. Physical violence, threats, reportage prohibition, and 
lawsuits contributed 21, 19, nine, and six cases respectively. Regional 
election candidates committed 20 acts of violence against journalists; 
state officials and police each contributed 11; the remaining acts of 
violence against journalists involved judges and NGO activists.
    Defamation and libel suits made investigative journalism 
potentially expensive. Time magazine filed for judicial review of the 
August 2007 Supreme Court decision awarding former President Suharto 
one trillion rupiah ($100 million) in a libel suit against Time. At 
year's end the decision has not been announced.
    On July 3, the South Jakarta District Court ruled in favor of Riau 
Andalan Pulp and Paper in a defamation lawsuit against Tempo magazine.
    On September 9, the Central Jakarta District Court found Tempo 
guilty of defaming agribusiness giant Asian Agri and ordered the 
magazine to pay 50 million rupiah ($5,350) in damages and publish a 
full-page apology in three newspapers in three consecutive editions. 
The judges said Tempo damaged the company's reputation through its 
investigative report of alleged tax evasion.
    On September 20, four navy officers attacked an RCTI television 
journalist who was covering a dispute between the navy officers and 
security guards at a gas station in Tanjung Pinang City, Riau Islands. 
The attack began when a sailor, queuing to refuel his motorcycle, 
became enraged when told to move to another line by the gas station 
security guard. Later that night the Tanjung Pinang Navy Military 
Police arrested the four sailors.
    On February 20, the Depok District Court sentenced Bersihar Lubis, 
senior journalist of Koran Tempo daily newspaper, to one month in 
prison for insulting the AGO in an article entitled ``The Story of 
Stupid Interrogators.''
    During the year the Government took no legal action against any 
persons responsible for crimes committed against journalists in 2006 
and 2007.
    On June 20, the AGO banned a book, Genocide of Ethnic Melanesia: 
Breaking the Silence on the History of Violence in West Papua, written 
by Reverend Socratez Sofyan Yoman. The AGO said the book spread ``false 
information to the public and can threaten national integrity and could 
also cause unrest within society.''

    Internet Freedom.--On March 25, the DPR passed the Information and 
Electronic Transaction Law. The law, intended to combat online crime, 
pornography, gambling, blackmail, lies, threats, and racism, prohibits 
citizens from distributing in electronic format any information that is 
defamatory and punishes transgressors with a maximum of six years in 
prison or a fine of one billion rupiah ($100,000) or both. The 
Information and Communication Ministry offered the public software to 
block Web sites with adult content, available for download at its 
official Web site.
    On April 8, the Government temporarily blocked access to YouTube, 
MySpace, and other Web sites showing an allegedly anti Islamic film 
``Fitna'' that sparked widespread protests.
    Internet cafes are required to provide the identities of Internet 
users to a government agency on a monthly basis. Internet access is 
widely available throughout the country.

    Academic Freedom and Cultural Events.--On October 30, the DPR 
passed an antipornography bill. Critics of the bill considered the 
definition of pornography too broad and feared that it could be used to 
justify attacks on artistic, religious, and cultural freedom. The bill 
includes provisions that allow citizens to ``supervise'' adherence to 
the law.
    During the year the Government-supervised Film Censorship Institute 
(LSF) continued to censor domestic and imported movies for content 
deemed pornographic or religiously offensive, but no films were 
prohibited from being shown by the central agency. On May 13, the 
Council of Ulema urged the LSF to ban a film because it allegedly had 
pornographic overtones and was insulting to women. On May 14, dozens of 
university students protested in front of the LSF office demanding the 
film be banned. The producer of the film, Indika Entertainment, 
withdrew the film from distribution.
    During the year alleged Islamic militants reportedly threatened a 
film crew, forcing them to shut down production of a film about the 
1965 coup and subsequent killings. The police chief in Surakarta, 
Central Java, where the film was being made, was quoted as suggesting 
that filmmakers should avoid ``sensitive topics.''
    The AGO has the authority to monitor written materials.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right. The law generally does not require 
permits for 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. In general these permits were granted routinely. During the 
year police arrested participants in peaceful demonstrations that 
included the display of illegal separatist symbols (See Section 2.a.).
    On May 24, the South Jakarta District Police raided the National 
University after students demonstrated against fuel price hikes. After 
protesters attacked police with stones, bottles, and Molotov cocktails, 
police reportedly reacted by kicking and hitting students as well as 
destroying campus property. The Jakarta Police Internal Investigating 
Division (Propam) found that six officers were suspected of brutality, 
and Komnas HAM claimed that police committed human rights abuses in 
arresting the students. The six officers reportedly were disciplined 
with administrative sanctions.
    On June 24, police used nonlethal methods to disperse a violent 
demonstration in front of the parliament building against the fuel 
price hike and subsequently in front of the Atmajaya University. At 
least 1,000 students gathered at the gates of the parliament building 
and brought down one of the side gates, demanding they be allowed to 
take part in a plenary session being held to discuss fuel price policy. 
Protesters also caused massive traffic jams by blocking a road and 
burning tires. The demonstration was later moved in front of the 
Atmajaya University and turned violent as students searched for 
government cars before burning one vehicle. During the demonstration, 
16 police officers and two journalists were injured, and eight police 
cars were set on fire.
    On some occasions police took no action to protect persons being 
attacked by mobs. On June 1, the National Alliance for the Freedom of 
Religion and Faith (AKKBB) rallied at the National Monument (Monas) in 
Jakarta to show support for religious freedom. During the rally, 
Islamic Defenders' Front (FPI) members attacked the AKKBB activists 
with bamboo sticks, leaving more than 70 activists injured. Reports 
said approximately 1,200 police officers were guarding the Monas area, 
but the few present during the violence were unresponsive. Police did 
not immediately make any arrests. Several days after the attack, police 
raided FPI's headquarters in Central Jakarta and arrested 58 of the 
group's members for attacking the AKKBB activists. Police released 48 
persons without charge and later named 10 suspects, including FPI chief 
Rizieq Shihab, Islam troop command chair Munarman, and eight other FPI 
members. On October 30, Rizieq and Munarman were sentenced to 18 months 
in prison for inciting violence and other crimes connected to the June 
1 events. Prior to the convictions, FPI members attempted to intimidate 
witnesses against their leaders. The police allegedly ignored the FPI 
members' provocations.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected it in practice. The 
People's Consultative Assembly banned the Indonesia Communist Party 
(PKI) in 1966. In previous years persons accused of being affiliated 
with the PKI were barred from the civil service and given special 
numbers on their national identity cards.
    On April 19, approximately 350 members of the Islamic sect 
Ahmadiyya from 200 chapters across the country were forced to cancel 
their national conference in Bali when the Bali police would not issue 
them a permit (See Section 2.c.).

    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. 
Six faiths--Islam, Protestantism, Catholicism, Hinduism, Buddhism, and 
Confucianism--received official recognition in the form of 
representation at the Ministry of Religious Affairs.
    On January 15, the Government-appointed Coordinating Board for 
Monitoring Mystical Beliefs in Society recommended the Government 
dissolve the Ahmaddiyah sect.
    On June 9, the Government issued a decree prohibiting the 
Ahmaddiyah from proselytizing and conducting religious activities, as 
well as prohibiting vigilantism against the sect. The decree warned 
Ahmaddiyah members against making their own interpretations of Islam 
and against spreading their beliefs. Vice President Jusuf Kalla said 
that the decree did not prohibit the Ahmadiyya from worshipping or 
continuing to practice within its own community.
    On September 1, the South Sumatra governor banned Ahmadiyyah and 
any activities of the Indonesian Jamaah Ahmadiyyah organization in the 
province.
    Persons whose religion was not one of the six officially recognized 
faiths had difficulty obtaining an identity card, which was necessary 
to register marriages, births, and divorces. Men and women of different 
religions experienced difficulties in marrying and in registering 
marriages. The Government refused to register a marriage unless a 
religious marriage ceremony had taken place. However, very few 
religious officials were willing to take part in weddings involving 
couples of different faiths. For this reason, some brides and grooms 
converted to their partner's religion. Others resorted to traveling 
overseas to wed.
    The civil registration system continued to discriminate against 
members of minority religions. Civil registry officials refused to 
register the marriages or births of children of members of the Baha'i 
faith and others because they did not belong to one of the six 
officially recognized faiths. According to the Hindu association 
Parisadha Hindu Dharma Indonesia, despite official recognition of their 
religion, Hindus, particularly in North Lampung, Southeast Sulawesi, 
Kalimantan, and some areas in East Java, sometimes had to travel 
greater distances to register marriages or births because local 
officials would not perform the registration.
    During the Muslim fasting month of Ramadan, many local governments 
ordered either the closure or limited operating hours for various types 
of ``entertainment'' establishments, particularly bars and nightclubs 
not located in five-star hotels. Government and mainstream Islamic 
leaders called on fringe groups not to carry out vigilante closings of 
establishments that violated these decrees, and these groups complied.
    The Jakarta city administration issued a circular to all 
entertainment center managers stipulating that karaoke and live music 
venues could only operate between 8:30 p.m. and 1:30 a.m. during 
Ramadan. The city tourism agency sealed seven entertainment centers and 
reprimanded three that had violated the operating hours during Ramadan.
    On September 24, police arrested dozens of FPI members who attacked 
food stalls that were open during the day in Tasikmalaya, West Java.

    Societal Abuses and Discrimination.--Throughout the year numerous 
Ahmadiyya communities were attacked by vigilante groups, and over 20 
mosques were forcibly shut down. A number of these incidents occurred 
after the release of the July decree that banned attacks on the 
religious group.
    On July 25, the Arastamar Evangelical School of Theology, also 
known as Setia College, was attacked by residents of Kampung Pulo 
District, West Jakarta; 18 students were injured and several student 
dormitories were damaged. Local residents claimed Setia students were 
behind a rash of petty thefts and public disturbances. The school 
temporarily relocated to another section of Jakarta, with 600 female 
students living in tents at Cibubur campsite and male students 
dispersed throughout the city. At year's end students continued to live 
and take classes in five different locations in the city, often in poor 
conditions. They have not been allowed to return to the campus to 
retrieve their library, chairs, beds or other property.
    On August 11, Father Benny Susetyo, secretary of the Interreligious 
Commission of the Indonesian Bishops' Conference, was severely beaten 
by unknown persons.
    The Jewish population was approximately 15,000. During the year 
there were no acts of physical violence or harassment of Jewish persons 
and no acts of vandalism of Jewish community institutions, schools, 
synagogues, or cemeteries.
    In the context of the continuing Israel/Palestine conflict, 
articles in the media and public statements by community leaders often 
criticized Israeli policy using anti--Semitic rhetoric demeaning to 
Jewish persons and Judaism. Although the Government promoted tolerance 
education in primary schools, there was no specific curriculum devoted 
exclusively to anti--Semitism education.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution allows the 
Government to prevent persons from entering or leaving the country. 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 cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    Citizens enjoyed freedom of movement within the country and, with 
few exceptions, were able to travel outside the country. During the 
year the Government continued to restrict freedom of movement for 
foreigners to Papua through a system of ``travel letters,'' but 
enforcement was inconsistent.
    The Government prevented at least 698 persons from leaving and 
1,266 from entering the country in 2007. The immigration office 
prevented these departures at the request of the police, the AGO, the 
KPK, and the Department of Finance. Some of those barred from leaving 
were delinquent taxpayers, convicted or indicted persons, and persons 
otherwise involved in legal disputes.
    The constitution prohibits forced exile, and the Government did not 
use it.

    Internally Displaced Persons (IDPs).--The Internal Displacement 
Monitoring Center reported that there were between 150,000 and 250,000 
IDPs in the country, between 30,000 and 150,000 were in Aceh, almost 
all the result of the 2004 tsunami. A mud flow in Porong, East Java, 
left 2,500 persons in camps.

    Protection of Refugees.--The country is not a party to the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
the law does not provide for the granting of asylum or refugee status, 
and the Government has not established a system for providing 
protection to refugees. In practice the Government provided some 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened. Through the end of 
August, there were 270 UNHCR recognized refugees and 224 asylum seekers 
living in the country. Some were applicants, and others were 
dependents. Most were from Sri Lanka, Iraq, Afghanistan, Somalia, or 
Burma.
    The above figures do not include 10,436 former refugees from East 
Timor who resided in East Nusa Tengara at the end of 2006, according to 
the East Nusa Tenggara Coordinating Unit for Disaster Management.
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 constitution provides for national elections every five years. 
DPR members automatically are members of the People's Consultative 
Assembly, a fully elected body consisting of the 550 DPR members and 
128 members of the House of Regional Representatives (DPD).

    Elections and Political Participation.--In 2004 President Yudhoyono 
became the country's first directly elected president in free and fair 
elections.
    Most instances of election-related violence involved supporters of 
losing candidates attacking local election offices.
    On September 29, the minister of home affairs installed Thaib 
Armayn and Gani Kasuba as governor and deputy governor of North Maluku 
following hotly disputed November 2007 elections. The election dispute 
continued to fester, and on November 3, unknown parties detonated 
explosions at the governor's residence, the regional government office, 
and the regional legislative assembly.
    In March the Supreme Court resolved another hotly disputed November 
2007 gubernatorial contest by declaring Syahrul Yasin Limpo the 
governor of South Sulawesi.
    All adult citizens are eligible to vote except active members of 
the military and the police, convicts serving a sentence of five years 
or more, persons suffering from mental disorders, and persons deprived 
of voting rights by an irrevocable verdict of a court of justice. 
Married juveniles are legally adults and allowed to vote.
    There are no legal restrictions on the role of women in politics. 
During the year women held four of 36 cabinet seats. The election law 
includes a nonbinding call for parties to select women for at least 30 
percent of the candidate slots on their party lists. A political 
parties law mandates that women make up 30 percent of the founding 
members of a new political party. Women made up 11.3 percent of the 
elected members of the DPR, 27 of the 128-member DPD were women, and 
there was one female governor. Women held disproportionately few 
leadership positions in local government in some provinces; for 
example, in Aceh the highest positions held by women were two deputy 
mayor and deputy regent positions.
    In 2007 the Constitutional Court ruled that independent candidates 
could run for local office and that a political party's nomination was 
not required. In September the first gubernatorial election that 
involved independent candidates was held in South Sumatra.
    With the exception of Aceh Province, where non--Muslims were 
effectively blocked from political office by a requirement that all 
candidates must demonstrate their ability to read the Koran in Arabic, 
there were no legal restrictions on the role of minorities in politics. 
There were no official statistics on the ethnic backgrounds of 
legislators in the DPR. President Yudhoyono's cabinet consisted of a 
plurality of Javanese, with others being of Sundanese, Bugis, Batak, 
Acehnese, Papuan, Balinese, and Chinese heritage.

    Government Corruption and Transparency.--There was a widespread 
domestic and international perception that corruption was a part of 
daily life. Soon after taking office, the president established the 
KPK, giving it a broad investigative mandate. During the year the KPK 
arrested six members of parliament in separate investigations. In March 
the KPK arrested Urip Tri Gunawan, a prosecutor in the AGO, for 
receiving a 61-billion-rupiah ($8 million) bribe. On September 4, the 
Anticorruption Court sentenced Urip to 20 years in prison.
    On April 10, the KPK arrested Burhanuddin Abdullah, the then-
central bank head, for corruption related to an illegal payment to 
parliament. During the year three members of parliament (MPs) were 
found guilty and sentenced to three, four, and eight years in prison, 
while three others were standing trial at year's end for receiving 
money from government officials or private companies. One of the MPs, 
Saleh Djasit, committed the offenses when he served as governor of Riau 
Province.
    At year's end the KPK was also investigating other high-level 
officials, including two cabinet ministers. On September 15, the KPK 
arrested a commissioner of the Business Competition Oversight Unit. 
Earlier in the year, the KPK raided the Tax and Customs Office at the 
country's largest port, exposing many corrupt practices and cash bribes 
in office desks.
    In 2006 the Constitutional Court ruled that the legal provision 
creating the Anticorruption Court was unconstitutional but permitted 
the court to continue functioning for three more years.
    The country does have financial disclosure laws, but they are 
limited in scope.
    On April 3, the Government passed the Freedom of Information Act, 
which acknowledges the right of citizens to access governmental 
information and provides mechanisms through which citizens can obtain 
such information. The law also provides for sanctions on public bodies 
if they do not comply. The Alliance of Independent Journalists reported 
no problems for the media in obtaining unclassified public documents 
from the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights organizations operated throughout the country 
and actively advocated for improvements to the Government's human 
rights performance; however, they were subjected to monitoring, 
harassment, and interference by the Government.
    The Government met with local NGOs, responded to their inquiries, 
and took some actions in response to NGO concerns.
    The police, at the instruction of the president, vigorously 
investigated the 2004 killing of human rights activist Munir Said 
Thalib (See Section 1.a.).
    On August 14, eight members of the Banda Aceh Legal Aid Institute 
were sentenced to three months' imprisonment for distributing pamphlets 
about land expropriations in July 2007.
    NGOs in Papua continued to report widespread monitoring of their 
activities by intelligence officials as well as threats and 
intimidation. Activists reported that intelligence officers took their 
pictures surreptitiously and sometimes questioned their friends and 
family members regarding their whereabouts and activities.
    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 conflict areas. Some domestic human rights organizations 
expressed concern about the 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, the National Commission on Violence Against Women 
(Komnas Perempuan), and Komnas HAM. In recent years Komnas HAM's 
efforts to expose human rights violations and bring perpetrators to 
account were undermined by a number of court decisions regarding its 
jurisdiction or authority. During the year the AGO rebuked Komnas HAM's 
recommendations to file charges in four incidents including Wamena--
Wasior, Trisakti, Semanggi I and II, and forced disappearances.
    Parliament failed to approve formation of an ad hoc human rights 
court that could investigate severe human rights violations that 
occurred before 2000. Although the 2006 Law on the Government of Aceh 
states that a human rights court would be established in Aceh, it was 
not established by year's end.
    On July 15, the Commission on Truth and Friendship (CTF), 
established by the Governments of Indonesia and Timor-Leste in 2005 to 
address human rights violations committed in Timor-Leste in 1999, 
delivered its final report to the two governments' presidents. The 
report recognized that gross violations of human rights occurred prior 
to and immediately after the popular consultation in East Timor in 
1999. The report's recommendations for Indonesia included a human 
rights training program with emphasis that the military remain neutral 
in political controversies and elections and enhanced authority for 
institutions charged with investigation and prosecutions for human 
rights violations. The Government disseminated the CTF recommendations 
within the Government, and a variety of ministries began carrying out 
the recommendations.
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.--The law prohibits domestic abuse and other forms of 
violence against women. However, rape and domestic violence were 
problems.
    Reliable nationwide statistics on the incidence of rape continued 
to be unavailable. The legal definition of rape is narrow and excludes 
marital rape. Sentencing continued to be a problem. Although rape is 
punishable by four to 12 years in prison, and the Government imprisoned 
perpetrators for rape and attempted rape, most convicted rapists were 
sentenced to the minimum or less.
    Violence against women remained poorly documented. Nationwide 
figures were unavailable. The National Commission on Violence Against 
Women reported that in 2007 there were 25,522 cases of violence handled 
by partner organizations across the country, and the local press 
reported that violence against women continued to increase. Most NGOs 
working on women and children's issues believed the real figure was far 
higher, noting the tendency of many victims to keep silent. Komnas 
Perempuan reported that domestic violence was the most common form of 
violence against women, making up approximately 16,700 cases, or 76 
percent of total cases. Two types of crisis centers were available for 
abused women: government-run centers in hospitals and NGO centers in 
the community. The East Java Social Department recorded that the number 
of victims of violence against women was 2,554 victims in 2007 and 268 
victims as of March.
    Nationwide the police operated ``special crisis rooms'' or 
``women's desks'' where female officers received criminal reports from 
female and child victims of sexual assault and trafficking and where 
victims found temporary shelter.
    The legal distinction between a woman and a girl was not clear. The 
law sets the minimum marriageable age at 16 for a woman (19 for a man), 
but the Child Protection Law states that persons under age 18 are 
children. A girl who marries has adult legal status. Girls frequently 
married before reaching the age of 16, particularly in rural areas.
    Female genital mutilation (FGM) was practiced in some parts of the 
country, including West Java. Complications reportedly were minimal. 
Some NGO activists dismissed any claims of mutilation, saying the 
ritual as practiced in the country was largely symbolic. In 2007 the 
minister of women's empowerment called for a complete ban of the 
practice. In 2006 the Ministry of Health banned FGM by doctors and 
nurses. However, symbolic female circumcisions that do not involve 
physical damaging of the child could be carried out, and violators of 
the ban did not face prosecution.
    Prostitution is not specifically addressed in the law. However, 
many officials interpreted ``crimes against decency/morality'' to apply 
to prostitution. Prostitution was widespread and largely tolerated, 
despite its contradiction with popular societal and religious norms. 
During the year security forces reportedly participated in operating 
brothels or protection rackets by shielding brothels from prosecution. 
International sex tourism reportedly continued, especially on the 
islands of Batam and Karimun and in major urban centers across the 
country.
    Although not explicitly mentioned, sexual harassment is against the 
law and actionable under the criminal code.
    The law states that women have the same rights, obligations, and 
opportunities as men; however, it also states that women's 
participation in the development process must not conflict with their 
role in improving family welfare and educating the younger generation. 
The 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.
    Although legal scholars believed that local governments lacked 
authority to legislate on religious matters, local governments 
continued to implement Shari'a-based local laws that many human rights 
and women's activists believed discriminate against women. During the 
year no new Shari'a-based local laws were passed. The central 
government did not challenge the validity of those regulations passed 
in previous years.
    Divorce is available to both men and women. Many divorcees received 
no alimony, since there was no system to enforce such payments. If 
there is no prenuptial agreement, joint property is divided equally. 
The law requires a divorced woman to wait a certain period of time 
before remarrying; a man can remarry immediately. The Government 
continued to implement Shari'a in Aceh. The impact of this 
implementation varied across the province but, continuing the pattern 
of the last few years, in general appeared to be less intrusive due to 
improved government oversight of the Shari'a police. The most visible 
impact on women's rights appeared to be the enforcement of dress codes. 
It was not uncommon for Shari'a police to briefly detain women whose 
dress did not conform to local Shari'a requirements and lecture them on 
appropriate attire.
    Local governments and groups in areas outside Aceh also undertook 
campaigns to promote conformity by women with the precepts of Shari'a. 
Vigilance in enforcing separation of sexes, fasting, and dress codes 
increased during Ramadan.
    Women faced discrimination in the workplace, both in hiring and in 
gaining fair compensation. According to a 2007 International Trade 
Union Confederation (ITUC) report, women on average earned 74 percent 
of what men earned, were overrepresented in unpaid and lower-paid 
positions in the informal sector, and held only 17 percent of 
managerial positions. According to the Government, women constituted 43 
percent of all civil servants but less than 7 percent of senior 
officials. 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. By law if both members of a couple 
worked for a government agency, the couple's head-of-household 
allowance was given to the husband.
    Organizations around the country promoting women's rights or 
otherwise addressing women's issues during the year included Komnas 
Perempuan, Solidaritas Perempuan, Mitra Perempuan, Jurnal Perempuan, 
and LBH--Apik.

    Children.--The Government stated its commitment to children's 
rights, education, and welfare, but it devoted insufficient resources 
to fulfill that commitment.
    Although the law provides for free birth registration, it was not 
enforced, and approximately 30 percent of citizen births were not 
registered. It was often impossible to be certain of a child's age, and 
ages were falsified on identity cards, sometimes with the cooperation 
of government officials.
    Although the law provides for free education, in practice most 
schools were not free of charge, and poverty put education out of the 
reach of many children. By law children are required to attend six 
years of elementary school and three years of junior high school; 
however, in practice the Government did not enforce these requirements. 
Although girls and boys ostensibly received equal educational 
opportunities, boys were more likely to finish school.
    Monthly fees for public schools varied by province and were based 
on average incomes. Tuition, transportation, and school materials could 
cost a family between 4.5 and 8.3 million rupiah ($444-777) per year 
for each primary and secondary student. In 2005 the International Labor 
Organization (ILO) conducted a limited child labor survey in areas 
within five provinces (North Sumatra, East Kalimantan, West Java, East 
Java, and South Sulawesi) that revealed that one in five school-age 
children from low-income families had no access to education and 
experienced various kinds of exploitation at work--both in the formal 
and informal sectors. The survey also found that of 2,438 school-age 
children below 15 years of age, 19 percent were not attending school. 
In Jakarta, the Education Department reported 6,959 students did not 
attend school during the year, a somewhat lower figure than the 7,172 
children who reportedly did not attend school in 2007.
    Child labor and sexual abuse were serious problems. The 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. Child abuse is 
prohibited by law, but government efforts to combat it generally 
continued to be slow and ineffective. NGOs reported excessively long 
waits to bring a child rape case to court and unclear mechanisms for 
reporting and dealing with child abuse. Commercial sexual exploitation 
of children continued to be a serious problem. The number of child 
prostitutes in the country was unclear, but the problem was widespread. 
Many teenage girls were forced into or found themselves caught in debt 
bondage. At times law enforcement officials treated child prostitutes 
as criminals rather than victims. Corrupt civil servants issued 
identity cards to underage girls, facilitating entry into the sex 
trade. There also were reports of sexual exploitation of boys. The 
country was a destination for child sex tourism. During the year NGOs 
reported that long active pedophile rings continued to operate in Bali. 
NGO observers said many girls were forced into prostitution after 
failed marriages 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 that they were once married.
    During the year national attention was focused on the problem of 
child marriage following reports that a Muslim cleric married a 12-
year-old girl in Semarang, Central Java. Senior Muslim clerics strongly 
criticized the marriage, and the cleric was investigated. On November 
9, the National Commission for Child Protection persuaded the cleric to 
return the child to her parents until she reaches 16 years of age. The 
Commission was unable to annul the marriage.
    The Government officially estimated that there were more than two 
million child laborers in the country; other informed persons believed 
the number to be much higher (See Section 6.d.).
    A UN report found that juvenile detainees in prisons across Java 
were subjected to harsh conditions. The report noted that children as 
young as 10 were subjected to severe physical abuse by both police and 
other inmates. Although children were detained in juvenile detention 
centers, due to the high number of detainees children frequently were 
mixed with the general population in both jails and prisons, increasing 
the potential for abuse.
    NGOs reported that the Government paid little attention to the 
rights of juvenile offenders. Juveniles were held in the same detention 
facilities as adults during pretrial and trial phases of detention and 
frequently experienced abuse while in detention. 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. The Jakarta city government operated a shelter with capacity 
for approximately 200 children. The Government continued to fund other 
shelters administered by local NGOs and paid for the education of some 
street children.
    NGOs promoting children's rights included the Child Advocacy 
Network, the National Commission on Child Protection, the Center for 
Study and Child Protection, and the Foundation for Indonesian Child 
Welfare.

    Trafficking in Persons.--In March 2007 the Government enacted a 
comprehensive antitrafficking law and took steps against corruption-
related complicity. The antitrafficking law outlaws all forms of 
trafficking, including debt bondage and sexual exploitation, and 
includes a comprehensive mandate for rescue and rehabilitation of 
victims. It provides stiff penalties for officials and labor agents 
complicit in trafficking. Penalties range from between three to 15 
years in prison, with penalties for officials assessed at a rate one-
third higher. Provincial and local governments also significantly 
increased efforts and resources to fight trafficking. The country's 
embassies and consulates were active in rescuing and assisting victims.
    The country remained a major source for international trafficking 
in persons and faced a significant internal trafficking problem. It 
also was a receiving country for trafficked prostitutes, although the 
number was small relative to the number of citizen victims. The country 
was not a major transit point for trafficking. Malaysia and Saudi 
Arabia, as well as other countries in the Middle East and Asia, were 
destinations, and there were some cases of alleged trafficking to the 
United States. Prostitution, domestic servitude, and work in 
restaurants and hotels were the primary purposes, with some forced 
labor in construction and plantation work. All impoverished citizens 
were potential victims, but boys and girls under age 18 and women of 
all ages were most vulnerable. Victims were subjected to physical and 
psychological abuse, sometimes resulting in death.
    The sophisticated national trafficking network was decentralized 
with neighborhood brokers trafficking victims to labor supply agencies 
in large cities, which in turn sold victims to labor supply agencies in 
receiving countries. Local government, immigration, and manpower 
officials were complicit in the process. The domestic trafficking of 
women and girls into prostitution operated in a similar manner. Local 
officials, police, and military were complicit in this activity as 
well.
    Law enforcement against traffickers increased during the year: 
arrests increased from 142 to 252; prosecutions from 56 to 109, and 
convictions from 36 to 46. In 2007 the average sentence was 45 months 
in prison. During the year the Government trained more than 1,000 law 
enforcement officials on fighting trafficking, often in interagency 
courses also attended by NGOs. The numbers of special antitrafficking 
police and prosecutors increased. The National Plan of Action led to 
more effective national coordination. During the year under the new 
law, there were dozens of arrests of domestic and international 
traffickers, and hundreds of victims were rescued. Major cases included 
the rescue of several migrant workers trafficked to Iraq, 50 Chinese 
nationals trafficked to Jakarta for purposes of prostitution, and six 
enslaved children from a birds' nest factory in Jakarta.
    The Government showed little interest in renegotiating a memorandum 
of understanding (MOU) with Malaysia, which ceded the basic right of 
workers' rights to hold their travel documents. Exploitation of workers 
by manpower placement companies continued to be widespread. The 
decentralized approach to rescuing, treating, and reintegrating victims 
and inadequate funding for victim assistance hindered implementation of 
the law. The national budget for trafficking remained far below needs. 
There was no progress in stopping officials from abetting trafficking 
in prostitution, for example, by falsifying documents. No action was 
taken to protect women and children entrapped in debt bondage as 
domestic servants within the country.
    During the year NGO research in Papua and West Papua uncovered 
widespread trafficking of girls and young women to energy and mining 
industry centers for purposes of sexual exploitation. The study found 
that in Timika, Papua, between 100 to 200 women and girls from North 
Sulawesi and Java were trafficked to red light districts and bars. The 
NGO rescued 31 women and girls from servitude. NGOs throughout Papua 
and West Papua reported that military and police often were complicit 
in trafficking and in protecting brothel owners and traffickers.
    A national NGO documented 150 girls ages 14 to 16 trafficked to 
illegal logging camps in West Kalimantan for purposes of sexual 
exploitation, a practice that NGOs believed was common in many of these 
isolated camps.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The Government classifies persons with 
disabilities into four categories: blind, deaf, mentally disabled, and 
physically disabled. The law prohibits discrimination against persons 
with physical and mental disabilities in employment, education, access 
to health care, or the provision of other state services. The law also 
mandates accessibility to public facilities for persons with 
disabilities; however, the Government did not enforce this provision. 
Few buildings and virtually no public transportation facilities 
provided such accessibility. The law requires companies that employ 
more than 100 workers to set aside 1 percent of positions for persons 
with disabilities. However, the Government did not enforce the law, and 
persons with disabilities faced considerable discrimination.
    In urban areas only a few city buses offered wheelchair access, and 
many of those had their hydraulic lifts vandalized, rendering them 
unusable. Few companies provided facilities for persons with 
disabilities, and fewer companies employed such persons. Surabaya's 
airport opened in 2006 and was not accessible for persons with 
disabilities. Lack of funds was generally cited as the primary reason 
for not improving accessibility.
    In 2003 the Government stated the country was home to 1.3 million 
children with disabilities; the actual number 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 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 1,568 schools dedicated to educating children 
with disabilities, 1,202 of them run privately. Some young persons with 
disabilities resorted to begging for a living.
    The Ministry of Social Affairs is responsible for protecting the 
rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The Government officially 
promotes racial and ethnic tolerance. Ethnic Chinese accounted for 
approximately 3 percent of the population, played a major role in the 
economy, and increasingly participated in politics. Instances of 
discrimination and harassment of ethnic Chinese continued to decline 
compared with previous years especially since passage of the 2006 
citizenship law, which made it easier for ethnic Chinese to become 
citizens. Recent reforms increased religious and cultural freedoms. 
However, some ethnic Chinese noted that public servants still 
discriminated against them when issuing marriage licenses and in other 
services and often demanded bribes for a citizenship certificate, 
although such certificates were no longer legally required. A number of 
articles of law, regulation, or decree discriminated against ethnic 
Chinese citizens. NGOs such as the Indonesia Anti Discrimination 
Movement urged the Government to revoke the remaining discriminatory 
articles.

    Indigenous People.--The Government views all citizens as 
``indigenous''; however, it recognizes the existence of several 
``isolated communities'' and their right to participate fully in 
political and social life. These communities include the myriad Dayak 
tribes of Kalimantan, families living as sea nomads, and the 312 
officially recognized indigenous groups in Papua. During the year 
indigenous persons, most notably in Papua, 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 prevent 
domestic and multinational companies, often in collusion with the local 
military and police, from encroaching on indigenous peoples' land. In 
Papua tensions continued between indigenous Papuans and migrants from 
other provinces, between residents of coastal and inland communities, 
and among tribes.
    In Central Kalimantan relations between indigenous Dayaks and 
ethnic Madurese transmigrants remained poor in the wake of interethnic 
violence in 2001. 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 asserted that the Government-sponsored 
transmigration program transplanting poor families from overcrowded 
Java and Madura to less populated islands 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 poor.

    Other Societal Abuses and Discrimination.--The October 30 
antipornography law makes homosexual activity illegal. Violations can 
be punished with from six months' to 12 years' imprisonment and fines 
of 250 million to six billion rupiah ($22,500 to $540,000).
    Stigma and discrimination against persons with HIV/AIDS were 
pervasive. However, the Government encouraged tolerance, took steps to 
prevent new infections, and provided free antiretroviral (ART) drugs, 
although with numerous administrative barriers. The Government position 
of tolerance was adhered to unevenly at all levels of society; for 
example, prevention efforts often were not aggressive for fear of 
antagonizing religious conservatives, and in addition to barriers to 
access to free ART drugs, potential recipients had to pay medical fees 
that put the cost beyond the reach of many.
Section 6. Worker Rights
    a. The Right of Association.--The law 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 Ministry of Manpower and Transmigration 
records, rather than approves, the formation of a union, federation, or 
confederation and provides it with a registration number. During the 
year some unions reported local ministry offices prejudicially 
recommended denial of registration. The vast majority of union members 
belonged to one of three union confederations.
    According to the ILO there were nearly 3.4 million trade union 
members in 2005-06, representing about 10 percent of the formal sector, 
or about 3.6 percent of the total workforce.
    The law recognizes civil servants' freedom of association and right 
to organize, and employees of several ministries formed employee 
associations; union organizations sought to organize these workers. 
Unions also sought to organize state-owned enterprise (SOE) employees, 
although they encountered resistance from enterprise management, and 
the legal basis for registering unions in SOEs remained unclear.
    The law allows the Government to petition the courts to dissolve a 
union if it conflicts with the state ideology or the constitution. A 
union may also be dissolved 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 five years in prison. Once a union is 
dissolved, its leaders and members may not form another union for at 
least three years. There were no reports that the Government dissolved 
any unions during the year.
    Under the Manpower Development and Protection Act (the Manpower 
Act), workers must give written notification to the authorities and to 
the employer seven days in advance for a strike to be legal, specifying 
the starting and ending time of the strike, venue for the action, 
reasons for the strike, and including signatures of the chairperson and 
secretary of the striking union. A ministerial regulation declares 
illegal all strikes at ``enterprises that cater to the interests of the 
general public or at enterprises whose activities would endanger the 
safety of human life if discontinued.'' Types of enterprises included 
in this classification are not specified, leaving it to the 
Government's discretion. The same regulation also classifies strikes as 
illegal if they are ``not as a result of failed negotiations'' and 
gives employers leeway to obstruct a union's move to strike because 
failure is classified as negotiations that lead to a deadlock 
``declared by both sides.''
    Before workers can strike, they must also engage in lengthy 
mediation with the employer, beginning with bargaining and, if that 
fails, proceed to mediation facilitated by a government mediator. The 
ministerial regulation also provides that, in the case of an illegal 
strike, an entrepreneur must make two written appeals within a period 
of seven days for workers to return. Workers who do not respond to 
those appeals are considered to have resigned. Such appeals were 
commonly used by employers as intimidation tactics against strikers.
    In practice strikes were prohibited in the public sector, in 
essential services, and at enterprises that served the public interest. 
The ITUC asserted that such practice clearly exceeded the definition of 
acceptable prohibitions on strike action by the ILO Committee on 
Freedom of Association, which has held that strikes may only be 
restricted where there exists ``a clear and imminent threat to the 
life, personal safety, or health of the whole or part of the 
population.'' The prolonged, legally mandated mediation procedures that 
must be followed before calling a strike were not enforced. As a result 
strikes tended to be unsanctioned ``wildcat'' strikes that broke out 
after a failure to settle long-term grievances or when an employer 
refused to recognize a union.
    The underpayment or nonpayment of legally required severance 
packages precipitated strikes and labor protests. The international 
labor rights organization 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.
    A South Korean-owned company, PT Sinar Apparel International, which 
produced clothing for export, ceased operations in April. The factory 
owner fled the country without paying severance pay to 1,021 workers. 
The owner also did not pay social security payments to the Government 
even though wages were cut for this, leaving workers without this 
benefit.
    On May 8, the SOE PT Angkasa Pura I dismissed union chairman Arif 
Islam following a strike by hundreds of airport workers in Balikpapan 
Sepinggan International Airport. The letter of dismissal said Arif had 
violated the president director's circular on strikes.
    Labor activists charged that managers in some locations employed 
thugs to intimidate and assault trade union members who attempted to 
organize legal strike actions, and at times the police intervened 
inappropriately and with force in labor matters, usually to protect 
employers' interests.
    In April a gang of thugs attacked members of the Metal, Machine and 
Electronic--Indonesian Prosperity Trade Union on strike at a garment 
factory in Jakarta, injuring several workers. When union members 
reported the incident, police told them to return to their jobs and 
threatened them. The employer then threatened to terminate 227 
strikers.

    b. The Right to Organize and Bargain Collectively.--According to 
the Manpower Ministry, approximately 25 percent of companies with more 
than 10 employees had collective bargaining agreements. However, in 
reality these agreements rarely went beyond the legal minimum 
provisions set by the Government and often resulted from employers 
unilaterally drawing up agreements and presenting them to workers' 
representatives for signature rather than negotiation. 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. The 
Manpower Act, which regulates collective bargaining, the right to 
strike, and general employment conditions does not apply to SOEs. Some 
unions claimed that the law contains inadequate severance benefits and 
protection against arbitrary terminations and does not sufficiently 
restrict outsourcing and child labor. At year's end no implementing 
regulations had been issued.
    Company regulations, permitted under government regulations, 
substituted for CLAs in the vast majority of enterprises, many of which 
did not have union representation. The Manpower Act requires that 
employers and workers form joint employer/worker committees in 
companies with 50 or more workers, a measure to institutionalize 
communication and consensus building.
    Unions were directly affected by the increasing trend of using 
contract labor. Under the Manpower Act, contract labor is supposed to 
be used only for work that is ``temporary in nature.'' However, 
according to the ITUC, many employers violated these provisions with 
the assistance of local offices of the Manpower Ministry. There also 
were credible reports of widespread use of vocational students under an 
internship program, which appeared to violate labor laws and weaken 
unions. Typically, companies declared bankruptcy in order to avoid 
severance payments provided for under law, closed the factory for 
several days, and then rehired workers as contract labor at a lower 
cost. Union leaders and activists usually were not rehired.
    The law prohibits antiunion discrimination by employers and others 
against union organizers and members and provides penalties for 
violations; however, the Government did not effectively enforce the law 
in many cases. There were 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. According to the ITUC, legal 
procedures were very long, with antiunion discrimination cases 
sometimes taking up to six years. Bribery and judicial corruption in 
workers' disputes continued, and decisions often were not in workers' 
favor. While dismissed workers may be financially recompensed, they 
were rarely reinstated.
    Companies sometimes transferred union leaders to jobs where they 
could not continue their union activities.
    In May 2007, as part of a dispute between the management of a 
European-owned hotel and union workers, management ceased transfer of 
union dues and dismissed 24 union members including union officers. The 
company said it was downsizing. Union officials were barred from 
attending union meetings on hotel premises. The union has challenged 
the firings in court. The case is still pending.
    There are no special laws or exemptions from regular labor laws in 
special economic zones (SEZs). However, nongovernmental observers, 
including the Solidarity Center, described stronger antiunion sentiment 
and actions by employers in SEZs. For example, employers in 
manufacturing enterprises in the Batam SEZ tended to hire labor on two-
year contracts and favored workers under 24 years of age. Both 
practices inhibited union formation.

    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, including forced and 
compulsory labor by children. The Government tolerated forms of 
compulsory labor practiced in the migrant worker recruitment process. 
The unscrupulous practices of migrant worker recruiting agencies, and 
poor enforcement of government regulations, often led to debt bondage 
and extended unlawful confinement. According to press reports and 
research by Solidarity Center, recruiting agencies frequently kept 
migrant workers in holding centers, for as long as 14 months in some 
cases, 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, resulting 
in large debts to the recruiters. The Manpower Ministry took limited 
measures to enforce labor laws that prevent employment agencies from 
trafficking workers through debt bondage.
    There was no progress in the renegotiation of a 2006 MOU with the 
Government of Malaysia about Indonesian workers' conditions in 
Malaysia. The MOU ceded some basic worker rights to employers, 
particularly the right of workers to hold their own passports.
    Girls and women employed as household servants often were held in 
debt bondage.

    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. 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, 
except for those 13 to 15 years of age, who may work no more than three 
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. A strong legal framework and National Action Plans address 
economic and sexual exploitation, including child prostitution, child 
trafficking, and the involvement of children in the narcotics trade, 
and provide severe criminal penalties and jail terms for persons who 
violate children's rights. Implementation remained a problem.
    Child labor remained a serious problem. An estimated six to eight 
million children exceeded the legal three 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 (e.g., bird nest 
gathering), and toy making, and also in small scale mining operations. 
NGOs documented hundreds of children ages 13 to 17 working in cottage 
shoemaking industry in West Java. Many girls between 14 and 16 years of 
age worked as live-in domestic servants. The ILO estimated that there 
were 2.6 million domestic workers in the country, of whom at least 
688,000 were under age 18. 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 exploitive situations, including a small number on fishing 
platforms.
    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. In November scores of workers 
and union members protested a newly introduced joint ministerial decree 
on minimum wages designed to discourage local administration from 
raising minimum wage rates beyond the financial capabilities of 
manufacturing firms. 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. During the year 
Papua offered the highest minimum wage at 1.1 million rupiah ($123) per 
month, while the Manpower Ministry reported official minimum wages as 
low as 500 thousand rupiah ($60) per month in East Java.
    Local manpower officials were 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.
    The law establishes a 40-hour workweek, with one 30-minute rest 
period for every four hours of work. Companies often required a five-
and-a-half- or six-day workweek. The law also requires at least one day 
of rest weekly. The daily overtime rate was 1.5 times the normal hourly 
rate for the first hour and twice the hourly rate for additional 
overtime, with a maximum of three 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 
garment and electronics assembly plants, to the detriment of workers' 
health and safety. Observance of laws regulating benefits and labor 
standards varied by sectors and regions. Employer violations of legal 
requirements were fairly common, sometimes resulting in strikes and 
protests. The Solidarity Center reported that workers in the garment 
industry worked extremely long hours, but because their pay slips did 
not specify the amount of overtime paid could not be certain they were 
fully compensated for overtime. 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. JAMSOSTEK reported 37,845 accidents in the first three 
months of 2007, compared with 99,624 for the whole of 2006. Local 
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. By law workers have the right to remove 
themselves from hazardous conditions without jeopardizing employment; 
in practice it was not clear they could avail themselves of this right.

                               __________

                                 JAPAN

    Japan is a parliamentary democracy with a population of 
approximately 127.7 million. Sovereignty is vested in the citizenry, 
and the emperor is defined as the symbol of state. In July 2007 
elections the Democratic Party of Japan ended the Liberal Democratic 
Party's (LDP) half-century dominance of the Diet when it captured a 
majority in the upper house. The elections were generally considered 
free and fair. On September 24, Taro Aso succeeded Yasuo Fukuda as 
prime minister and head of a coalition composed of the LDP and the New 
Komeito Party. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the rights of its citizens. 
Human rights nongovernmental organizations (NGOs) reported problems 
with the country's detention facilities and legal system. There were 
some cases of violence and other abuse against women and children and 
of sexual harassment and employment discrimination. Trafficking in 
persons remained a problem. Discrimination against ethnic and other 
minorities and against children borne out of wedlock 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these provisions in practice.
    Human rights NGOs reported incidences of alleged physical abuse in 
some prisons. The NGOs reported eight deaths including a suicide at 
Tokushima Prison from 2004 to November 2007 as a result of a doctor's 
purported insertion of various types of pointed instruments into 
prisoners' anuses. Prison officials maintained that the doctor was 
carrying out legitimate medical procedures.
    As of year's end, the civil case against three police officers 
convicted for the 2004 death of a suspect resulted in three 
convictions, with two of the officers appealing the decision. On 
September 9, the Fukuoka High Court upheld the suspended sentence of a 
former senior police officer convicted of coercing a suspect into 
confessing by using a technique called fumiji, in which a prisoner is 
made to walk on the names of his ancestors.
    The Government continued to deny death row inmates and their 
families information about the date of execution. Families of condemned 
prisoners were notified of the execution after the fact. The Government 
stated this policy was to spare the prisoners the anguish of knowing 
when they were going to die. Condemned prisoners, although held in 
solitary confinement for an average of almost eight years until their 
execution, were allowed visits by their families, lawyers, and other 
persons.
    Prisoner rights NGOs continued to report that prison management 
regularly abused the rules on solitary confinement. Punitive solitary 
confinement may be imposed for a maximum of 60 days, but procedures 
allow wardens to keep prisoners in ``isolation'' solitary confinement 
indefinitely. Prison officials said that solitary confinement was an 
important tool they must use in order to maintain order in prisons that 
were at and above capacity.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards. However, several facilities were 
overcrowded and lacked heating. NGOS also reported that some facilities 
provided inadequate food and medical care and that in some institutions 
clothing and blankets were insufficient to protect inmates against cold 
weather. Most prison facilities do not provide heating during nighttime 
hours in winter despite overnight freezing temperatures. The lack of 
heating in prisons subjected the prison population to a range of 
preventable cold injuries from chilblains to more severe forms of cold 
injury. In August 2007 two men in detention facilities that lacked air 
conditioning or fans died of heatstroke. NGOs, lawyers, and doctors 
also criticized healthcare in police operated preindictment detention 
centers and immigration detention centers.
    Unlike in past years, there were no reports of rape against 
prisoners.
    Regulations do not require that minors be held separately from 
adults in immigration detention centers; in practice there were reports 
of teenagers being held in the same detention facilities as adults.
    Prison management regulations stipulate that independent committees 
inspect prisons and detention centers operated by the Ministry of 
Justice. These committees included physicians, lawyers, local municipal 
officials, representatives of local communities, and other local 
citizens. Prisoner rights advocates reported that the committees 
visited Ministry of Justice prisons throughout the year. In June 2007 
the committees began inspecting police operated detention centers as 
well. Human rights NGOs reported that compared with past years, there 
appeared to be an increased flow of correspondence in and out of 
prisons.
    In May 2007 the UN Committee Against Torture (UNCAT) criticized 
immigration detention centers for alleged violence, the unlawful use of 
restraining devices, sexual harassment, and lack of access to 
healthcare. UNCAT also criticized the lack of an independent monitor of 
immigration detention centers. The Ministry of Justice stated that an 
adequate system was in place which made an independent inspecting 
organization unnecessary because detainees may lodge complaints about 
treatment with the head of the detention facility or, if they object to 
the judgment given, with the minister of justice.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. NGOs focused on legal rights continued to report 
instances of what appeared to be arbitrary detentions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the National Police Agency (NPA) and 
local police forces, and the Government has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year. However, some 
NGOs criticized local public safety commissions for lacking 
independence from or sufficient authority over police agencies.

    Arrest and Detention.--Persons were apprehended openly with 
warrants based on sufficient evidence and issued by a duly authorized 
official, and detainees were brought before an independent judiciary. 
NGOs focused on legal rights said that in practice warrants were 
granted at high rates, and detention sometimes occurred even though the 
evidentiary grounds were weak.
    The law provides detainees the right to a prompt judicial 
determination of the legality of the detention, and authorities 
respected this right in practice. The law requires authorities to 
inform detainees immediately of the charges against them. Authorities 
usually held suspects in police operated detention centers for an 
initial 72 hours. A judge must interview a suspect prior to further 
detention. The judge may extend preindictment custody by up to two 
consecutive 10 day periods. Prosecutors routinely sought and received 
these extensions. Prosecutors may also apply for an additional five day 
extension. NGOs focused on legal rights pointed out that because 
extensions were routinely granted, the intent of the law for prompt 
judicial determination of the legality of the detention, was in fact 
undermined.
    The code of criminal procedure allows detainees, their families, or 
representatives to request that the court release an indicted detainee 
on bail. However, bail is not available preindictment to persons 
detained in either police or Ministry of Justice detention facilities. 
Because judges customarily granted prosecutors requests for extensions, 
the system of pretrial detention, known as daiyou kangoku (substitute 
prison), usually continued for 23 days. Suspects in pretrial detention 
are legally required to face interrogation. Effective January NPA 
guidelines limit interrogations to a maximum of eight hours and 
prohibit overnight interrogations.
    Preindictment detainees had access to counsel, including court 
appointed attorneys. Prisoner advocates said that in practice this 
access improved in terms of the duration and frequency. However, 
counsel may not be present during interrogations. Family members were 
allowed to meet with detainees, but only in the presence of a detention 
officer. Detainees charged with drug offenses were routinely held 
incommunicado until indictment and were only allowed consular and legal 
access. In 2007 prosecutors at their discretion started partially 
recording suspects' confessions, but human rights NGOs pointed out that 
partial and discretionary recordings could be misleading. On September 
1, police in Tokyo and 39 prefectures began testing supervised 
interrogations.
    Safeguards exist to ensure that suspects cannot be compelled to 
confess to a crime or be convicted when a confession is the only 
evidence, but a manual of police interrogation procedures showed that 
police investigators are authorized to use heavy pressure to extract 
confessions. NGOs have documented techniques used to extract 
confessions that include beating, intimidation, sleep deprivation, 
questioning from early morning to late at night, and making the suspect 
stand or sit in fixed positions for long periods of time. The new NPA 
guidelines prohibit the police from touching suspects, threatening 
them, keeping them in fixed postures for long periods of time, verbally 
abusing them, or offering favors in return for a confession. Several 
foreign detainees claimed that police urged them to sign statements in 
Japanese that they could not read and that were not translated 
adequately.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides the right to a fair trial for 
all citizens and ensures that each charged individual receives a public 
trial by an independent civilian court, has access to defense counsel, 
and has the right to cross examine witnesses. A defendant is presumed 
innocent until proven guilty in a court of law, and defendants cannot 
be compelled to testify against themselves.
    UNCAT, NGOs, and lawyers questioned whether defendants were 
presumed innocent in practice. According to legal advocacy NGOs, the 
majority of detainees who were indicted confessed while in police 
custody.
    The language barrier was a serious problem for foreign defendants. 
No guidelines existed to ensure effective communication between judges, 
lawyers, and non Japanese speaking defendants. No standard licensing or 
qualification system existed for court interpreters, and trials 
proceeded even if no translation or interpretation was provided.
    The use of police operated detention centers, which puts suspects 
in the custody of their interrogators, has been on the rise for more 
than 30 years. According to government statistics, more than 98 percent 
of arrested suspects were sent to police detention facilities. The 
other 2 percent were held in Ministry of Justice-operated preindictment 
detention centers. More than 99 percent of cases that reached a trial 
court resulted in conviction. The judiciary also gives much weight to 
confessions.
    During the year there were media reports of persons convicted on 
the basis of police-obtained confessions but who were later proved 
innocent. In October a man was acquitted in a 2002 rape case in which 
police forced him to confess. The actual rapist subsequently was 
caught.
    Trial procedures favor the prosecution. Although the law provides 
for access to counsel, a significant number of defendants reported that 
this access was insufficient. The law does not require full disclosure 
by prosecutors, and material that the prosecution does not use in court 
may be suppressed. The legal representatives of some defendants claimed 
that they did not receive access to relevant material in the police 
record. In appeal attempts, defense attorneys were not granted access 
to possible exculpatory DNA evidence. The police responded that all 
evidence was destroyed after the initial trial.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Cases involving human rights 
violations have been brought before these courts.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    Ultranationalists exerted pressure on local governments from time 
to time in ways which effectively curtailed freedom of speech. In 
January a far right--wing group intimidated Tsukubamirai City into 
banning a lecture on preventing domestic violence.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. 
Internet access was widely available including via cell phones. During 
the year almost 74 percent of the population used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. The requirement 
for Ministry of Education approval of history textbooks continued to be 
a subject of controversy, particularly regarding the treatment of 
certain subjects pertaining to the 20th century. The national anthem 
(``Kimi ga Yo'') and the national flag (Hi no Maru) continued to be 
controversial symbols. Since 2003 almost 400 teachers have been 
disciplined for refusing to sing the national anthem in front of the 
flag. In February 2007 the Supreme Court held that a music teacher who 
refused to play the national anthem on the piano could be reprimanded, 
without violating Article 19 of the constitution, which guarantees 
freedom of thought and conscience to all citizens.
    In April a right--wing group pressured theaters into banning a 
movie critical of the Yasukuni Shrine.

    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 Association of Korean Human Rights in Japan claimed that 
several local governments rejected the use of municipal halls when 
Korean residents applied.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.

    Societal Abuses and Discrimination.--Relations among religious 
groups were generally amicable. An estimated 200 Jewish families lived 
in the country. There were no reports of anti Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, in May 2007 UNCAT noted that the 
law does not expressly prohibit deportation to countries where there is 
a risk of torture. The response of the Government has been that the law 
clearly specifies that no foreign nationals will be returned to 
territories where their lives would be threatened. In practice a number 
of ethnic Rohingyas were deported to Burma. In addition UNCAT 
criticized the lack of an independent body to review applications for 
refugee status, the fact that the Ministry of Justice does not allow 
applicants for refugee status to select legal representatives for 
appeal, and the restrictions on government legal assistance for 
nonresidents. UNCAT, NGOs, and lawyers criticized the indefinite and 
often long period of detention between the rejection of an application 
for asylum and deportation.
    Of 816 applications for refugee status during the year, 41 persons 
were granted refugee status and 88 were allowed to stay on humanitarian 
grounds.
    Refugees faced the same patterns of discrimination that ethnic 
minorities did in the country: reduced access to housing, education, 
and employment. Persons whose refugee status was pending or on appeal 
did not have the legal right to work or receive social welfare, 
rendering them completely dependent on overcrowded government shelters 
or the support of NGOs.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--In July 2007 the country 
held elections for the upper house of the Diet. The elections were 
considered generally free and fair.
    Political parties operated without restriction or outside 
interference.
    Women held 45 of 480 seats in the lower house of the Diet and 43 of 
the upper house's 242 seats. At year's end there were three female 
governors. There were two women in the 18 member cabinet. Because some 
ethnic minorities are of mixed heritage and do not self-identify, it 
was difficult to determine the number of minorities that served in the 
Diet. There were three foreign-born Diet members.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were several reports of 
government corruption during the year. According to NPA figures for 
2007, there were 47 cases involving bribery and 26 cases of bid 
rigging, compared with 74 for bribery and 42 for bid rigging during 
2006. During the first half of the year the NPA reported 23 cases of 
bribery and 18 cases of bid rigging. There were regular media reports 
of financial accounting scandals involving politicians and government 
officials.
    Financial disclosure laws exist but suffered from lax enforcement. 
Cooperation with international law enforcement on suspicious 
transactions and money laundering cases was also poor.
    The public has the legal right to access government information. 
There were no reports that the Government denied legal requests for 
information or required information seekers to pay prohibitive fees to 
gain access.
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 restriction, investigating and 
publishing their findings on human rights cases. Government officials 
generally were cooperative and responsive to their views. Human rights 
groups pointed out that the country has not yet established an 
independent national human rights institution. The existing Human 
Rights Commission reports to the Ministry of Justice.
    During the year the UN Human Rights Council and NGOs, including 
Amnesty International and Vital Voices, criticized the country's 
apologies to and compensation for ``comfort women'' as inadequate. 
Japan provided compensation payments through a government-initiated 
private fund, expressed remorse, and extended apologies, to the victims 
of forced prostitution during World War II beginning with the Kono 
Declaration in 1993, and in a 2001 letter from then prime minister, 
Junichiro Koizumi, sent to all identifiable victims. Prime Minister 
Koizumi wrote: ``As Prime Minister of Japan, I extend anew my most 
sincere apologies and remorse to all the women who underwent 
immeasurable and painful experiences and suffered incurable physical 
and psychological wounds as comfort women. (Japan) must not evade the 
weight of the past, nor should we evade our responsibilities for the 
future.''
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, gender, 
disability, language, and social status. Although the Government 
generally enforced these provisions, discrimination against women, 
ethnic minority groups, and foreigners remained a problem.

    Women.--The law criminalizes all forms of rape, including spousal 
rape, and the Government generally enforced the law effectively. 
According to government statistics, there were 747 cases reported 
during the first half of 2008 compare with 1,766 rapes reported in 
2007. Many police stations had female officers to provide confidential 
assistance to female victims.
    Although prohibited by law, domestic violence against women 
remained a problem. District courts may impose six month restraining 
orders on perpetrators of domestic violence and impose sentences of up 
to one year in prison or fines of up to one million yen (approximately 
$8,500). In 2007 courts granted 2,186 out of 2,779 petitions for 
protection orders. Through August, 1,690 of 2,145 petitions for 
protection orders had been granted. The law, which covers common law 
marriages and divorced individuals, was amended in July 2007 to include 
protection not only for victims of abuse but also for persons 
threatened with violence. According to NPA statistics, in 2007 there 
were 20,992 reported cases of domestic violence. Spousal violence 
consultation assistance centers reported 35,071 consultations during 
the first half of the year compared with 62,078 consultation cases in 
2007.
    Prostitution is illegal but narrowly defined. Many sexual acts for 
pay that would be considered to be prostitution in other countries are 
legal.
    Sexual harassment in the workplace remained widespread. In fiscal 
year (FY) 2007 the Ministry of Health, Labor, and Welfare (MHLW) 
received 15,799 reports of such harassment. The law includes measures 
to identify companies that failed to prevent sexual harassment, but it 
does not include punitive measures to enforce compliance other than 
publicizing the names of offending companies. The Government 
established hot lines and designated ombudsmen to handle complaints of 
discrimination and sexual harassment.
    The law prohibits sexual discrimination and generally provides 
women the same rights as men. A Council for Gender Equality existed to 
monitor enforcement; its high level members included the chief cabinet 
secretary, cabinet ministers, and Diet members. During the year the 
council regularly met to examine policies and monitor progress on 
gender equality. Human rights groups pointed to discrepancies such as 
women being prohibited from marrying for six months following a divorce 
(men have no such waiting periods) and differing minimum age for 
marriage (18 for men and 16 for women).
    Inequality in employment remained entrenched in society. Women 
composed 41.5 percent of the labor force, and their average monthly 
wage was 222,600 yen (approximately $1,988), less than two thirds of 
the monthly wage earned by men (337,700 yen or $3,015).

    Children.--The Government was committed to the rights and welfare 
of children, and in general children's rights were protected 
adequately.
    Reports of child abuse continued to increase. In FY 2007 there were 
40,639 possible cases of child abuse by parents or guardians reported 
to the National Child Discussion Center. In 2007, 300 cases of child 
abuse were under investigation for prosecution. According to the NPA, 
35 children died in FY 2007 after being abused. 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 mandates that anyone aware of 
suspicious circumstances must report the information to a nationwide 
local child counseling center or municipal welfare center.
    Although the distribution of child pornography is illegal, the law 
does not criminalize the simple possession of child pornography, which 
often depicts the brutal sexual abuse of small children. The absence of 
a statutory basis makes it difficult for police to obtain search 
warrants, preventing them from effectively enforcing existing child 
pornography laws or participating in international law enforcement 
efforts in this area. Internet service providers acknowledged that the 
country has become a hub for child pornography, leading to greater 
victimization of children both domestically and abroad.
    Discrimination against children borne out of wedlock with regard to 
inheritance rights continued. On June 4, the Supreme Court ruled 
unconstitutional a provision of the law that denied citizenship to a 
child borne out of wedlock to a citizen father and noncitizen mother. 
On December 5, a revised nationality law was enacted enabling a child 
born under such circumstances to obtain citizenship if the father 
acknowledges his paternity.

    Trafficking in Persons.--The law establishes human trafficking both 
for sexual and labor exploitation as a criminal offense. Nonetheless, 
human trafficking remained a significant problem despite government 
efforts. The country remained a destination and transit country for 
men, women, and children trafficked for commercial sexual exploitation 
and other purposes. Victims came from China, the Republic of Korea, 
Southeast Asia, Eastern Europe, and to a lesser extent, Latin America. 
There were also reports of internal trafficking of girls for sexual 
exploitation. The majority of identified trafficking victims were 
foreign women who migrated to the country seeking work but upon arrival 
were subjected to debt bondage and forced prostitution. Male and female 
migrant workers were subjected to conditions of forced labor.
    Agents, brokers, and employers involved in trafficking for sexual 
exploitation often had connections with organized crime syndicates (the 
Yakuza).
    Most women trafficked into the sex trade had their travel documents 
taken away and their movements strictly controlled by their employers. 
Victims were threatened with reprisals 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. NGOs reported that in some cases brokers used drugs to 
control victims.
    Debt bondage was another means of control. Before arrival in the 
country, trafficking victims generally did not understand the size of 
the debts they would owe, the amount of time it would take them to 
repay the debts, or the conditions of employment to which they would be 
subjected upon arrival. Women faced debts of up to 4.5 million yen 
(approximately $40,000). In addition, they had to pay their employer 
for their living expenses, medical care (when provided by the 
employer), and other necessities. ``Fines'' for misbehavior added to 
the original debt and the process that employers used to calculate 
these debts was not transparent. Employers also sometimes ``resold,'' 
or threatened to resell, troublesome women or women found to be HIV-
positive, thereby increasing the victims' debts and often leading to 
even worse working conditions.
    In response to increased police enforcement, many sex business 
operators shifted from store-front businesses to ``delivery'' escort 
services. This shift to Internet-based solicitation and procurement 
made it much harder to measure the extent to which employers were 
exploiting victims of trafficking.
    There was no noticeable improvement in the country's prosecution of 
sex trafficking. In 2007 11 sex trafficking cases were prosecuted, and 
12 trafficking offenders were convicted, compared with 17 prosecutions 
and 15 convictions in 2006. Most authorities attributed this decline to 
a crackdown on the ``entertainment'' visa category. Of the 12 2007 
convictions, seven offenders received prison sentences of two to four 
years with labor; five received suspended sentences.
    Labor exploitation was widely reported by labor activists, NGOs, 
shelters, and the media (See Section 6.e.). There were two convictions 
for labor trafficking during the past two years, although Labor 
Standard Inspection Bodies identified more than 1,209 violations of 
labor laws in 2006 alone.
    The number of trafficking victims identified by the Government 
declined for the second consecutive year. Law enforcement authorities 
identified 43 victims in 2007, down from 58 in 2006 and 116 in 2005. 
There continued to be reports that police and immigration officers 
failed to identify victims adequately. The National Police University 
began teaching a class in trafficking in persons. Both the NPA and 
trafficking NGOs agreed that winning the trust of potential victims was 
a difficult and time consuming process. The country has not adopted 
formal victim identification procedures, although it is cooperating 
with the International Organization for Migration (IOM) in victim 
identification. The country does not dedicate government law 
enforcement or social services personnel specifically to human 
trafficking, although there were individuals in various branches of the 
Government and police who focused mainly on human trafficking. NGOs 
working with trafficking victims continued to assert that the 
Government was not proactive in searching for victims among vulnerable 
populations, such as foreign women in the sex trade or migrant 
laborers. NGOs reported that police and immigration officers 
occasionally neglected to classify women working in exploitative 
conditions as victims because they willingly entered the country to 
work illegally. Both trafficking NGOs and the NPA agreed that there was 
a ``gray area'' in which victim identification could be difficult.
    The MHLW encouraged police and immigration officers to use its 
network of shelters for domestic violence victims as temporary housing 
for foreign trafficking victims awaiting repatriation. Forty of the 43 
identified trafficking victims in 2007 were provided services by 
government shelters. A significant percentage of the foreign women 
listed as victims of domestic violence were probably trafficking 
victims, and were provided shelter. The Government paid for victims' 
medical care and subsidized repatriation through a grant to the IOM. 
Sixteen of the 43 identified trafficking victims were repatriated 
without referring them to the IOM for risk assessment and formal 
processing.
    Typically, government shelters lacked the resources needed to 
provide adequate services to trafficking victims. NGO shelters that 
specialized in assisting victims of human trafficking had full time 
staff able to speak seven or more languages, but the MHLW shelters had 
to rely on interpretation services from outside providers. While some 
victims received psychological care in government facilities, the large 
majority did not have adequate access to trained psychological 
counselors with native language ability, a weakness the Government is 
beginning to address. Due to the lack of counseling in their native 
language by professionals familiar with the special needs of 
trafficking victims, the isolation of victims from fellow nationals and 
other trafficking victims, and the lack of alternatives--particularly 
any option to work or generate income--foreign women staying at 
government shelters elected to repatriate as quickly as possible. 
Although the Government reserved funds to subsidize victims' stays in 
private shelters, most victims were referred to public shelters. While 
the Government asserted that victims were eligible for special stay 
status as a legal alternative to repatriation in cases where victims 
would face hardship or retribution, there were very few cases of a 
victim staying in country for more than a few months, and these usually 
were victims who were being sheltered in private shelters or who had 
found NGO support.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, and access to health care, and the Government generally 
enforced these provisions; however, the federation of bar associations 
complained that discrimination is undefined and thus not enforceable 
through judicial remedies.
    Persons with disabilities were not generally subject to overt 
discrimination in employment, education, or provision of other state 
services; however, in practice they faced limited access to these 
services. Persons with disabilities made up less than 0.2 percent of 
university students.
    The law mandates that the Government and private companies hire 
minimum proportions of persons with disabilities (including mental 
disabilities). Companies with more than 300 employees that do not 
comply must pay a fine of 50,000 yen ($425) per vacant position per 
month. Public employment of persons with disabilities exceeded the 
minimum, but according to MHLW statistics the private sector lagged in 
spite of increases over last year. A survey found that in private 
companies with more than 56 workers, 1.6 percent of employees had 
disabilities.
    Accessibility laws mandate that new construction projects for 
public use must include provisions for persons with disabilities. In 
addition, the Government allows operators of hospitals, theaters, 
hotels, and other public use facilities to receive low interest loans 
and tax benefits if they upgrade or install features to accommodate 
persons with disabilities.
    Recent surveys showed that people with mental disabilities might 
account for up to 60 percent of the repeat offender population in some 
prisons. According to human rights NGOs, there were an estimated 20,000 
homeless people who could not receive old-age pensions, disability 
pensions, and livelihood protection allowances because they were 
considered to be without residence. Surveys also showed a significant 
percentage of repeat offenders were homeless persons who had fallen 
through the social service net.
    According to mental health NGOs and physicians, persons with mental 
illnesses also faced stigmatization and both educational and 
occupational barriers. Mental health professionals said that 
insufficient efforts were being made to reduce the stigma of mental 
illness and to inform the public that depression and other mental 
illnesses were treatable, biologically based illnesses.

    National/Racial/Ethnic Minorities.--Burakumin (descendants of 
feudal era ``outcasts'') and ethnic minorities experienced varying 
degrees of societal discrimination. The approximately three million 
burakumin, although not subject to governmental discrimination, 
frequently were victims of entrenched societal discrimination, 
including restricted access to housing, education, and employment 
opportunities. NGOs reported that discrimination was still extensive 
outside major metropolitan areas.
    Despite legal safeguards against discrimination, the country's 
large populations of Korean, Chinese, Brazilian, and Filipino permanent 
residents-many of whom were born, raised, and educated in Japan--were 
subject to various forms of deeply entrenched societal discrimination, 
including restricted access to housing, education, and employment 
opportunities. There was a widespread perception among citizens that 
``foreigners,'' often members of Japan born ethnic minorities, were 
responsible for most of the crimes committed in the country. The media 
fostered this perception although Ministry of Justice statistics showed 
that the ``foreigner'' committed crime rate, excepting crimes like 
illegal entry and overstay, was lower than the crime rate for citizens.
    Many immigrants struggled to overcome obstacles to naturalization, 
including the broad discretion available to adjudicating officers and 
the great emphasis on Japanese language ability. Aliens with five years 
of continuous residence are eligible for naturalization and citizenship 
rights. Naturalization procedures also require an extensive background 
check, which includes inquiries into the applicant's economic status 
and assimilation into society. The Government defended its 
naturalization procedures as necessary to ensure the smooth 
assimilation of foreigners into society.

    Indigenous People.--Although the Ainu enjoyed the same rights as 
all other citizens, when clearly identifiable as Ainu they faced the 
same patterns of discrimination that all ethnic minorities encountered. 
On June 6, the Diet unanimously passed a resolution recognizing the 
Ainu as an indigenous people.

    Other Societal Abuses and Discrimination.--NGOs that advocate for 
gay, lesbian, bisexual, and transgender persons noted that such persons 
suffered from bullying, harassment, and violence.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
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 the Government effectively enforced the law. Unions 
were free of government control and influence; however, public service 
employees' basic union rights, governed by a separate law, are 
restricted in ways that ``effectively require prior authorization'' to 
form unions. Approximately 18 percent of the total workforce was 
unionized in 2006.
    Unions in the private sector have the right to strike, and workers 
exercised this right in practice. Public sector employees do not have 
the right to strike.

    b. The Right to Organize and Bargain Collectively.--Except for 
public sector workers and employees of state owned enterprises, the law 
allows unions to conduct their activities without interference, and the 
Government protected this right. Collective bargaining is protected by 
law and was freely practiced.
    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. Labor rights NGOs alleged that 
some companies forced foreign laborers to work illegal overtime, 
refused to pay allowances, controlled their movement and travel 
documents, and forced them to deposit paychecks into company-controlled 
accounts. The law and ministry of justice guidelines prohibit these 
practices.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law bans the exploitation of children in the workplace, and the 
Government effectively implemented the law. The MHLW is responsible for 
enforcement. By law, children between the ages of 15 and 18 may perform 
any job that is not designated as dangerous or harmful. Children 
between the ages of 13 and 15 may perform ``light labor'' only, and 
children under 13 may work only in the entertainment industry. Other 
than victims of human trafficking and child pornography, child labor 
was not a problem.

    e. Acceptable Conditions of Work.--Minimum wages are set on a 
prefectural and industry basis, with the input of tripartite (workers, 
employers, and 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 618 yen (approximately $5.74) to 
739 yen (approximately $6.54) per hour. The minimum daily wage provided 
a decent standard of living for a worker and family.
    The law provides for a 40 hour workweek for most industries and 
mandates premium pay for hours worked above 40 in a week or eight in a 
day. However, it was widely accepted that workers, including those in 
government jobs, routinely exceeded the hours outlined in the law. 
Labor unions frequently criticized the Government for failing to 
enforce maximum working hour regulations. According to 2007 MHLW 
statistics 147 workers suffered karoshi (death from overwork) during 
the year.
    According to the Japanese Trade Union Confederation, companies 
increasingly hired workers on a part--time, nonregular basis. Such 
workers reportedly made up one-third of the labor force, and worked for 
lower wages, often enduring precarious working conditions. Temporary 
employees reportedly also faced similar working conditions. Activist 
groups claimed that employers exploited illegal foreign workers, who 
often had little or no knowledge of the Japanese language or their 
legal rights.
    NGOs and the media reported abuses of the foreign trainee program, 
a government-sponsored training program supervised by the Japan 
International Training Cooperation Organization. In some companies, 
trainees reportedly were forced to work unpaid overtime and made less 
than the minimum wage. Moreover, their wages were automatically 
deposited in company controlled accounts, despite the fact that forced 
deposits are illegal. According to labor rights NGOs, trainees 
sometimes had their travel documents taken from them and their movement 
controlled to prevent escape. The Government undertook a review of the 
program, and in December 2007 the Ministry of Justice released a list 
of prohibited acts to govern the foreign trainee program. However, 
there are no criminal penalties for companies found in violation of the 
regulation. Although Labor Standard Inspection Bodies identified more 
than 1,209 violations of labor laws in 2006 alone, there were only two 
convictions for labor trafficking during the past two years. NGOs and 
labor unions working with foreign workers noted no noticeable 
improvement in some companies' treatment of foreign workers in the 
trainee program.
    The Government sets occupational health and safety standards, and 
the Ministry of Labor effectively administered the various laws and 
regulations governing occupational health and safety. 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 multiparty republic with a population 
of approximately 92,500. The president exercises executive authority 
and is popularly elected for a four-year term. The legislative assembly 
nominates at least three, and no more than four, presidential 
candidates from among its members. Parliamentary and presidential 
elections held in 2007 were considered generally free and fair. Anote 
Tong of the Boutokaan Te Koaua party was reelected president. Civilian 
authorities generally maintained effective control of the security 
forces.
    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. Violence and discrimination against 
women, child abuse, and commercial sexual exploitation of children 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and there were 
no reports that government officials employed them. Traditional village 
practice permits corporal punishment for criminal acts and other 
transgressions.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by family members, church representatives, and diplomats. There 
was no separate facility for juvenile offenders, but children under age 
16 usually were not incarcerated. Juveniles ages 16 to 17 generally may 
be detained no longer than a month in the adult facility; however, for 
more serious offenses, such as murder, juveniles over age 16 can be 
held in custody for more than a month and can be sentenced to longer 
terms. Pretrial detainees accused of serious offenses who did not meet 
bail were held with convicted prisoners. Persons charged with minor 
offenses normally were released on their own recognizance pending 
trial.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police force, and the Government 
has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest and Detention.--In some cases magistrates issued warrants 
before an arrest was made. Persons 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. These 
requirements were generally respected in practice. Many individuals 
were released on their own recognizance pending trial, and bail was 
granted routinely for many offenses. 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. Detainees were allowed prompt 
access to legal counsel. Public defenders, known as ``people's 
lawyers,'' were available free of charge for arrested persons and 
others who needed legal advice.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair public trial, and an independent judiciary generally enforced this 
right. There is no trial by jury. An accused person must 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 British common law and include the presumption 
of innocence until proven guilty. The law extends these rights to all 
citizens.
    Extrajudicial traditional communal justice, in which village elders 
decide cases and mete out punishment, remained a part of village life, 
especially on remote outer islands. However, the incidence of communal 
justice was declining under pressure from the codified national law.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, as well as access to a court 
to bring lawsuits seeking damages for, or cessation of, human rights 
violations.

    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, but there were some concerns about 
government control of the media.
    Individuals generally could criticize the Government publicly or 
privately without fear of reprisal.
    The Government Broadcasting and Publications Authority (BPA) 
operated Radio Kiribati, the dominant news source in the country, and 
published a twice--weekly newspaper. A board of directors appointed by 
the Government oversees BPA operations.
    A media company owned by a member of parliament affiliated with the 
governing party operated the country's other radio station and 
published a weekly newspaper. Several other organizations, such as the 
Kiribati Protestant Church, also published weekly newspapers.
    International media were allowed to operate freely. Under the 
Newspaper Registration Act, newspapers are required to register with 
the Government, but there were no reports that the Government denied 
registration to any publication.

    Internet Freedom.--There were no government restrictions on the 
Internet or reports that the Government monitored e-mail or Internet 
chat rooms. Individuals and groups could engage in peaceful expression 
of views via the Internet, including by e-mail. While generally 
available and accessible on South Tarawa, public access to the Internet 
elsewhere in the country was limited by lack of infrastructure.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against religious groups, including 
anti--Semitic acts. There was no known Jewish community in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. Although the law prohibits government restrictions on 
citizens' freedom of movement, it does not restrict such actions by 
traditional village councils.
    The occasion did not arise during the year for government 
cooperation with the Office of the UN High Commissioner for Refugees or 
other humanitarian organizations in providing protection and assistance 
to internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    The law 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 
did not use forced exile. On rare occasions traditional village 
councils have banished persons from a specific island within the 
country, usually for a fixed period of time, but there were no reports 
of such banishments during the year.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. During the year there were no applications for refugee 
resettlement, asylum, or protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened.
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.

    Elections and Political Participation.--The legislature has 45 
members: 43 are elected by universal adult suffrage, the Rabi Island 
Council of I--Kiribati (persons of Kiribati ancestry) in Fiji selects 
one, and the attorney general is an ex officio member. The most recent 
parliamentary elections were held in August 2007. In October 2007 the 
legislature elected Anote Tong of the Boutokaan Te Koaua party to a 
second term as president. The elections were considered generally free 
and fair. There were no government restrictions on political opponents. 
Elected village councils run local governments in consultation with 
traditional village elders.
    There were two women in the 45-member legislature. Several 
permanent secretaries were women.
    The President and several members of the legislature were of mixed 
descent.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not always 
implement the law effectively. Government officials have sometimes 
engaged in corrupt practices with impunity, but there were no specific 
reports of government corruption during the year.
    Nepotism, based on tribal, church, and family ties, was prevalent. 
Public officials were not subject to financial disclosure laws. The 
auditor general is responsible for oversight of government 
expenditures. In reality the auditor general lacked sufficient 
resources, and findings of misappropriations and unaccounted for funds 
were generally ignored, or the investigations were inconclusive.
    No specific law provides for citizen or media access to government 
information. In practice the Government was fairly responsive to 
individual requests for information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
without government restriction. 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, 
national origin, or color, and the Government observed these 
prohibitions in practice; however, only native I--Kiribati may own 
land.

    Women.--Spousal abuse and other forms of violence against women 
were significant problems. Alcohol abuse frequently was a factor in 
attacks on women. Rape, including spousal rape, is a crime, with a 
maximum penalty of life imprisonment, but sentences were typically much 
shorter. The law does not address domestic violence specifically, but 
general common law and criminal law make assault in all forms illegal. 
The law provides for penalties of up to six months' imprisonment for 
common assault and up to five years' imprisonment for assault involving 
bodily harm. Prosecutions for rape and domestic assault were 
infrequent, largely due to cultural taboos on reporting such crimes and 
police attitudes encouraging reconciliation over prosecution.
    Prostitution is not illegal; however, procuring sex and managing 
brothels are illegal. The lack of a law against prostitution hindered 
the ability of the police to restrict these activities.
    The law does not specifically prohibit sex tourism. There were 
reports of foreign fishermen engaging in commercial sexual acts with 
minors. Obscene or indecent behavior is banned.
    The law does not prohibit sexual harassment, which sometimes 
occurred but generally was not regarded as a major problem.
    The law does not prohibit discrimination on the basis of gender, 
and the traditional culture, in which men are dominant, impeded a more 
active role for women in the economy. Women filled many government 
office and teaching positions. 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.
    Chronic alcohol abuse leading to child abuse (physical and 
occasionally sexual) and neglect continued to be a serious problem. 
There is a police unit specifically focused on child and family 
violence.
    Crewmembers of foreign fishing vessels that stopped in Kiribati 
engaged in commercial sexual exploitation of women, some of whom were 
underage. Research conducted in South Tarawa indicated there were fewer 
than 20 girls under the age of 18 engaged in such prostitution. Some of 
the girls worked as prostitutes in bars frequented by crewmembers, and 
local I--Kiribati, sometimes including family members, acted as 
facilitators, delivering girls to the boats. The girls generally 
received cash, food, or goods in exchange for sexual services. The lack 
of a legal ban on prostitution, and the fact that the legal age of 
consent is 15, hindered police efforts to stem the practice.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
and there were no reports that persons were trafficked to, from, or 
through the country. There were incidences of commercial sexual 
exploitation of underage girls within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with disabilities; however, there were 
no formal 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, and there were no special accommodations for 
persons with disabilities. The central hospital on Tarawa had a wing 
for persons with mental disabilities, and there was a psychiatrist 
working on Tarawa.
    There was no government agency specifically responsible for 
protecting the rights of persons with disabilities.

    Other Societal Abuses and Discrimination.--Sodomy and acts of 
``gross indecency'' between males are illegal, but there were no 
reports of prosecutions under these provisions. Societal discrimination 
and violence based on sexual orientation were not significant problems.
    Societal discrimination and violence against persons with HIV/AIDS 
were not significant problems. A government-run HIV/AIDS taskforce 
coordinated outreach and education activities concerning HIV/AIDS.
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.
    More than 80 percent of the adult workforce was occupied in fishing 
or subsistence farming. An estimated 10 percent of wage-earning workers 
were union members. There were no official public-sector trade unions, 
but nurses and teachers belonged to voluntary employee associations 
similar to unions and constituted approximately 30 to 40 percent of 
total union and association membership.
    The law provides for the right to strike, but no strikes have taken 
place since 1980.

    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. The law 
provides for collective bargaining. The Government sets wages in the 
large public sector. In a few statutory bodies and government-owned 
companies, however, 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 non-confrontational. There were no reports of antiunion 
discrimination, and there were mechanisms to resolve any complaints 
that might arise.
    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.
    Underage girls were solicited for commercial sex.

    e. Acceptable Conditions of Work.--The wage-earning workforce 
consisted of approximately 8,000 persons, mostly employed on the main 
atoll of Tarawa, the political and commercial capital. The remainder of 
the working population worked within a subsistence economy. There is no 
official minimum wage, but the Labor Ministry estimated the ``non-
legislated'' minimum to be between A$1.60 and A$1.70 (approximately 
$1.10 and $1.15) per hour. There is provision for a minimum wage at 
ministerial discretion, but it has never been implemented. The standard 
wage income provided a marginally 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 workforce) worked 36.25 
hours per week, with overtime pay for additional hours.
    Employment laws provide rudimentary health and safety standards for 
the workplace, which the Labor Ministry is responsible for enforcing. 
Employers are liable for the expenses of workers injured on the job, 
but a lack of qualified personnel hampered the Government's ability to 
enforce employment laws, and no workplace inspections were conducted 
during the year. Workers do not have the right to remove themselves 
from hazardous work sites without risking loss of employment.

                               __________

               KOREA, DEMOCRATIC PEOPLE'S REPUBLIC \1\ OF

---------------------------------------------------------------------------
    \1\ Note on Sourcing: 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 or confirm reported abuses. 
Refugee testimony often is dated because of the time lapse between 
refugee departures from North Korea and contact with NGOs or officials 
able to document human rights conditions, although in recent years some 
refugees have been able to relate their stories in a more timely 
fashion.
---------------------------------------------------------------------------
    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) and chairman of the 
National Defense Commission (NDC), the ``highest office of state.'' The 
country has an estimated population of 23.5 million. Kim's father, the 
late Kim Il-sung, remains ``eternal president.'' Local elections held 
in July 2007 were not free or fair. There was no civilian control of 
the security forces, and members of the security forces committed 
numerous serious human rights abuses.
    The Government's human rights record remained poor, and the regime 
continued to commit numerous serious abuses. The regime subjected 
citizens to rigid controls over many aspects of their lives. Citizens 
did not have the right to change their government. There continued to 
be reports of extrajudicial killings, disappearances, arbitrary 
detention, and political prisoners. Prison conditions were harsh and 
life threatening, and torture occurred. Pregnant female prisoners 
underwent forced abortions in some cases, and in other cases babies 
were killed upon birth in prisons. The judiciary was not independent 
and did not provide fair trials. Citizens were denied freedom of 
speech, press, assembly, and association, and the Government attempted 
to control all information. The Government restricted freedom of 
religion, citizens' movement, and worker rights. There continued to be 
reports of severe punishment of some repatriated refugees. There were 
widespread reports of trafficking in women and girls among refugees and 
workers crossing the border into China.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were numerous 
reports that the regime committed arbitrary and unlawful killings. 
Defector and refugee reports indicated that in some instances the 
regime executed political prisoners, opponents of the regime, 
repatriated defectors, and others. The law prescribes the death penalty 
for the most ``serious'' or ``grave'' cases of ``antistate'' or 
``antination'' crimes, including: participation in a coup or plotting 
to overthrow the state; acts of terrorism for an antistate purpose; 
treason, which includes defection or handing over state secrets; 
suppressing the people's movement for national liberation; cutting 
electric power lines or communication lines; and illegal drug 
transactions.
    In the past border guards reportedly had orders to shoot to kill 
potential defectors, and prison guards were under orders to shoot to 
kill those attempting to escape from political prison camps, but it was 
not possible to determine if this practice continued during the year.
    During the year the South Korean nongovernmental research 
organization North Korean Human Rights Infringement Record Center 
reported that North Korea carried out 901 public executions in 2007. 
North Korea also reportedly carried out 56 cases of summary executions 
with no judicial process.
    A South Korean nongovernmental organization (NGO) reported that 15 
North Koreans, including 13 women and two men, were shot in front of 
local residents on February 20 for illegally entering China.
    On January 3, Agence France--Presse reported that a South Korean 
NGO stated North Korean authorities had executed a cooperative farm 
chief and two colleagues for starting a private farm in December 2007 
in Pyongsong City. According to the report, the three were shot 90 
times, four others were sentenced to life imprisonment, and the 
families of those executed were taken to prison camps.
    On March 10, railway cargo guards allegedly beat 20 homeless 
children, killing several. The guards had caught the children stealing 
from a railway car.
    On July 11, security forces shot and killed a South Korean tourist 
visiting the Mt. Kumgang Tourism Park.
    On August 26, a South Korean NGO reported that soldiers beat 20 
homeless adults for trying to steal corn from trucks in Hamheung city, 
South Hamgyoung Province. The report said that one of the individuals 
was killed, and that the soldiers threw the body into a dumping ground 
near the station.
    On October 8, a South Korean NGO reported that authorities in 
Hoeryong City, North Hamgyong Province, publicly executed five women 
accused of trafficking in persons. Family members of the women were not 
notified until after the execution. According to the report, the 
families petitioned the Government, claiming the women were not granted 
due process, but the municipal government insisted the executions were 
carried out legally and did not respond to the petition.
    Religious and human rights groups outside the country alleged that 
some North Koreans who had contact with foreigners across the Chinese 
border were imprisoned or killed.
    There were no new developments in the alleged 2006 death penalty 
sentence for Son Jong-nam, whose brother reported that Son was still 
alive as of the spring of 2007.

    b. Disappearance.--The Government was responsible for 
disappearances. In recent years defectors claimed that state security 
officers often apprehended individuals suspected of political crimes 
and sent them, without trial, to political prison camps. There are no 
restrictions on the ability of the Government to detain and imprison 
persons at will and to hold them incommunicado. The penal code states 
that a prosecutor's approval is required to detain a suspect; however, 
the Government ignored this law in practice.
    On February 8, a group of 22 North Koreans in two small boats 
floated into South Korean waters. South Korean authorities repatriated 
the individuals 13 hours later, claiming they had conducted interviews 
and determined the individuals were not defectors. Later in February, 
several South Korean news outlets quoted an anonymous source who 
reported that the 22 individuals were executed upon their return. The 
whereabouts of the 22 remained unknown at year's end.
    There were no developments in the 2006 disappearance of Lee Kwang-
soo's family following his defection to South Korea (Republic of Korea 
or ROK).
    Japan continued to seek further information about the cases of 12 
Japanese nationals whom the Japanese Government designated as having 
been abducted by DPRK government entities. During the year Japan and 
the DPRK held discussions on the issue. The DPRK agreed to reopen the 
investigation into these cases but had not announced any progress or 
result. Japan also hoped to gain answers regarding other cases of 
suspected abductions of Japanese nationals.
    In the past, credible reports indicated that the Government also 
kidnapped other nationals from locations abroad, including citizens 
from Romania, Thailand, and possibly elsewhere. However, the Government 
continued to deny its involvement in the kidnappings. The ROK 
Government estimated that approximately 480 of its civilians who were 
abducted or detained by the DPRK since the end of the Korean War 
remained in the DPRK. The ROK government estimated 560 South Korean 
prisoners of war (POWs) and soldiers missing in action were also 
believed to remain alive in the country.
    During the year the media reported South Korean missionary Kim 
Dong-shik had most likely died within a year of his 2000 disappearance 
near the China--DPRK border.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The penal code prohibits torture or inhumane treatment; 
however, many sources continued to confirm their practice. Methods of 
torture and other abuse reportedly included severe beatings; electric 
shock; prolonged periods of exposure to the elements; humiliations such 
as public nakedness; confinement for up to several weeks in small 
``punishment cells'' in which prisoners were unable to stand upright or 
lie down; being forced to kneel or sit immobilized for long periods; 
being hung by the 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 newborn infants. Defectors continued 
to report that many prisoners died from torture, disease, starvation, 
exposure to the elements, or a combination of these causes.
    During the year Shin Dong-hyuk, a defector born and confined in a 
political prison camp in Kaechon in South Pyongan Province for 22 
years, explained that beatings and torture were common within the camp. 
Shin reported that he was tortured with hot coals while being hung from 
the ceiling after members of his family tried to escape from the camp.
    Officials prohibited live births in prison and ordered forced 
abortions, particularly in detention centers holding women repatriated 
from China, according to refugee reports. In some cases of live birth, 
there were reports that prison guards killed the infant or left it for 
dead. In addition guards reportedly sexually abused female prisoners.
    Reeducation through labor, primarily through sentences at forced 
labor camps, was a common punishment and consisted of tasks such as 
logging, mining, or tending crops under harsh conditions. Reeducation 
involved memorizing speeches by Kim Jong-il.

    Prison and Detention Center Conditions.--NGO, refugee, and press 
reports indicated that there were several types of prisons, detention 
centers, and camps, including forced labor camps and separate camps for 
political prisoners. Defectors claimed the camps covered areas as large 
as 200 square miles. The camps appeared to contain mass graves, 
barracks, worksites, and other prison facilities.
    Those sentenced to prison for nonpolitical crimes were typically 
sent to reeducation prisons where prisoners were subjected to intense 
forced labor. Those who were considered hostile to the regime or who 
committed political crimes, such as defection, were sent to political 
prison camps indefinitely. Many prisoners in political prison camps 
were not expected to survive. The Government continued to deny the 
existence of political prison camps.
    Reports indicated that conditions in the political prison camps 
were harsh. Systematic and severe human rights abuses occurred 
throughout the prison and detention system. Detainees and prisoners 
consistently reported violence and torture. According to refugees, in 
some places of detention, prisoners received little or no food and were 
denied medical care. Sanitation was poor, and former labor camp inmates 
reported they had no changes of clothing during their incarceration and 
were rarely able to bathe or wash their clothing.
    The Government did not permit inspection of prisons or detention 
camps by human rights monitors.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, but the Government did not observe these 
prohibitions in practice.

    Role of the Police and Security Apparatus.--The internal security 
apparatus includes the Ministry of Public Security (MPS) and the State 
Security Department (SSD). Reports of diversion of food aid to the 
military and regime officials and of official bribery were indicative 
of corruption in the security forces. The security forces do not have 
adequate mechanisms to investigate possible security force abuses.
    The army has four branches: Ground Force, Naval Force, Air Force, 
and Civil Securities Force. The country has an estimated 1.1 million 
active military personnel, in addition to a reserve force of 
approximately three million.
    During the year one South Korean NGO reported that the role of the 
police increased significantly. The increased responsibility reportedly 
caused tension between the police and the military.

    Arrest and Detention.--Members of the security forces arrested and 
transported citizens suspected of committing political crimes to prison 
camps without trial. According to one South Korean NGO, on February 1, 
the People's Safety Agency was authorized to handle directly criminal 
cases without approval of prosecutors. Previously, once police officers 
arrested suspects, the preadjudication department examined facts and 
evidence of the case and passed the case to prosecutors. It was not 
until the completion of prosecutors' investigation that the court made 
an official decision on the case. The change was made reportedly 
because of corruption among prosecutors.
    There were no restrictions on the Government's ability to detain 
and imprison persons at will or to hold them incommunicado. Family 
members and other concerned persons found it virtually impossible to 
obtain information on charges against detained persons or the lengths 
of their sentences. Judicial review of detentions did not exist in law 
or in practice.

    e. Denial of Fair Public Trial.--The constitution states that 
courts are independent and that judicial proceedings are to be carried 
out in strict accordance with the law; however, an independent 
judiciary did not exist. 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.''

    Trial Procedures.--The MPS dispensed with trials in political cases 
and referred prisoners to the SSD for punishment. Little information 
was available on formal criminal justice procedures and practices, and 
outside access to the legal system was limited to show trials for 
traffic violations and other minor offenses.
    The constitution contains elaborate procedural protections, 
providing that cases should be heard in public, except under 
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, as opposed to 
nonpolitical, crimes and claimed that the Government offered trials and 
lawyers only to the latter. There was no indication that independent, 
nongovernmental defense lawyers existed.

    Political Prisoners and Detainees.--While the total number of 
political prisoners and detainees remained unknown, an estimated 
150,000 to 200,000 persons were believed to be held in kwan li so 
political prison camps. The Government considered critics of the regime 
to be political criminals. Reports from past years described political 
offenses as including sitting on newspapers bearing Kim Il-sung's or 
Kim Jong-il's picture, mentioning Kim Il-sung's limited formal 
education, or defacing photographs of the Kims.

    Civil Judicial Procedures and Remedies.--According to article 69 of 
the constitution, ``[c]itizens are entitled to submit complaints and 
petitions. The state shall fairly investigate and deal with complaints 
and petitions as fixed by law.'' Under the Law on Complaint and 
Petition, citizens are entitled to submit complaints to stop 
encroachment upon their rights and interests or seek compensation for 
the encroached rights and interests. This right was not respected in 
practice.

    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 informants to identify critics and 
potential troublemakers. Entire communities sometimes were subjected to 
security checks. Possessing ``antistate'' material and listening to 
foreign broadcasts were crimes that could subject the transgressor to 
harsh punishments, including up to five years of labor reeducation.
    The Government monitored correspondence and telephone 
conversations. Private telephone lines operated on a system that 
precluded making or receiving international calls; international phone 
lines were available only under restricted circumstances. Foreign 
diplomats in Pyongyang stated that the local network was subdivided so 
phone use remained a privilege. Although a government-controlled 
cellular phone network existed, cell phone use has been banned for the 
general population since 2004. During the year defectors reported 
contacting their relatives in the country via this network.
    The Government divided citizens into loyalty-based classes, which 
determined access to employment, higher education, place of residence, 
medical facilities, and certain stores.
    Collective punishment was practiced. Entire families, including 
children, have been imprisoned when one member of the family was 
accused of a crime. A 2006 decree on cutting electric power or 
communication lines and conducting illegal drug transactions states 
that a violator's family shall be ``expelled.''
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 prohibited 
the exercise of these rights in practice.
    The constitution provides for the right to petition. However, the 
Government did not respect this right. For example, when anonymous 
petitions or complaints about state administration were submitted, the 
SSD and MPS sought to identify the authors, who could be subjected to 
investigation and punishment.
    A South Korean NGO reported in March a professor at Gimchaek 
University of Technology was sentenced to five years in a reeducation 
center, and her party membership and professorship were revoked for 
speaking in the South Korean dialect during her class.
    The Government sought to control virtually all information. There 
were no independent media. The Government carefully managed visits by 
foreigners, especially foreign journalists.
    During visits by foreign leaders, groups of foreign journalists 
were permitted to accompany official delegations and to file reports. 
In all cases journalists were monitored strictly. They generally were 
not allowed to talk to officials or to persons on the street, and 
cellular or satellite phones were held at the airport for the duration 
of a visitor's stay.
    Domestic media censorship continued to be enforced strictly, and no 
deviation from the official government line was tolerated. The 
Government prohibited listening to foreign media broadcasts except by 
the political elite, and violators were subject to severe punishment. 
Radios and television sets, unless altered, received only domestic 
programming; radios obtained from abroad had to be altered to operate 
in a similar manner. Elites and facilities for foreigners, such as 
hotels, could be granted permission to receive international television 
broadcasts via satellite. The Government continued to attempt to jam 
all foreign radio broadcasts. During the year the Government condemned 
the activities of a defector-run broadcasting station in South Korea.

    Internet Freedom.--Internet access for citizens was limited to 
high-ranking officials and other designated elites, including select 
university students. This access was granted via international 
telephone lines through a provider in China, as well as a local 
connection that was linked with a German server. An ``intranet'' was 
reportedly available to a slightly larger group of users, including an 
elite grade school; selected research institutions, universities, and 
factories; and a few individuals. The Korean Communication Corporation 
acted as the gatekeeper, downloading only acceptable information for 
access through the intranet. Reporters Without Borders reported that 
some e-mail access existed through this internal network. According to 
a press report, an increasing number of citizens had e-mail addresses 
on their business cards, although they were usually e-mail addresses 
shared among all the employees of an organization.

    Academic Freedom and Cultural Events.--The Government restricted 
academic freedom and controlled artistic and academic works. A primary 
function of plays, movies, operas, children's performances, and books 
was to buttress the cult of personality surrounding Kim Il-sung and Kim 
Jong-il.
    According to North Korean media, Kim Jong-il frequently told 
officials that ideological education must take precedence over academic 
education in the nation's schools. Indoctrination was carried out 
systematically through the mass media, schools, and worker and 
neighborhood associations. Indoctrination continued to involve mass 
marches, rallies, and staged performances, sometimes including hundreds 
of thousands of persons.
    A South Korean NGO reported that the Government seized a music 
teacher's license and confiscated her diploma for ``violating socialist 
ideology.'' The teacher had been providing illegal private lessons.
    The Government continued its attempt to limit foreign influences on 
its citizens. Listening to foreign radio and watching foreign films is 
illegal; however, numerous NGOs reported that Chinese and South Korean 
DVDs continued to be smuggled into the country. The Government 
intensified its focus on preventing the smuggling of imports of South 
Korean popular culture, especially television dramas. According to a 
media report, in an attempt to enforce the restriction on foreign 
films, police routinely cut electricity to apartment blocks and then 
raided every apartment to see what types of DVDs were stuck in the 
players. In January, an NGO reported that three citizens received death 
sentences for involvement in handling movies smuggled from China and 
South Korea. The NGO also reported that the Government in August began 
a crackdown on illegal media in Hyesan City, Ryanggang Province and 
that those caught watching South Korean movies were sentenced to 
reeducation.
    A South Korean NGO reported that in early July five students at the 
Machinery Vocational School in Onsung County, North Hamgyong Province, 
were detained and sentenced to six months at a labor camp for watching 
South Korean dramas.
    Another NGO reported in September that five students faced a public 
trial for watching South Korean DVDs. One of the students reportedly 
was sentenced to seven years in prison and his family was expelled from 
Pyongyang. The four others were sentenced to two years of forced labor.
    One NGO reported that authorities banned the sale of Chinese VCRs 
during the year. The NGO reported that on October 29, security officers 
visited private homes and confiscated all televisions and VCRs 
registered after October 2005. However, the NGO reported that 
individuals were able to bribe the security officers in order to keep 
the equipment.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
the Government did not respect this provision in practice and continued 
to prohibit public meetings without prior authorization.

    Freedom of Association.--The constitution provides for freedom of 
association; however, the Government failed to respect this provision 
in practice. There were no known organizations other than those created 
by the Government. Professional associations existed primarily to 
facilitate government monitoring and control over organization members.

    c. Freedom of Religion.--The constitution provides for ``freedom of 
religious belief''; however, in practice the Government severely 
restricted religious freedom unless supervised by officially recognized 
groups linked to the Government. The law 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 personality cult of Kim Il-sung and Kim Jong-il continued to 
resemble a state religion that provided a spiritual underpinning for 
the regime. Refusal to accept the leader as the supreme authority was 
regarded as opposition to the national interest and continued to result 
in severe punishment.
    The 2007 Korea Institute for National Unification's White Paper on 
Human Rights in North Korea concluded that the regime used authorized 
religious entities for external propaganda and political purposes and 
strictly barred local citizens from entering places of worship. For 
example, funds and goods that were donated to government-approved 
churches were channeled to the KWP by the Government.
    There were unconfirmed reports that the nonreligious children of 
religious believers may be employed at mid-levels of the Government. In 
the past such individuals suffered broad discrimination with sometimes 
severe penalties or even imprisonment.
    According to defector reports, the Government reportedly was 
concerned that faith-based South Korean relief and refugee assistance 
efforts along the border with China had both humanitarian and political 
goals, including overthrow of the regime, and alleged that these groups 
were involved in intelligence gathering. According to an unconfirmed 
claim from one foreign religious NGO, nine North Korean nationals in 
its network disappeared in 2007. The reason for their reported 
disappearance could not be confirmed.
    There continued to be reports of underground Christian churches. 
The Government repressed and persecuted unauthorized religious groups 
in recent years. Defectors reported that persons engaged in religious 
proselytizing, persons with ties to overseas evangelical groups, and 
repatriated persons who contacted foreigners while outside the country 
were arrested and subjected to harsh punishment. Defectors asserted 
that citizens who received help from foreign churches were considered 
political criminals and received harsher treatment, including 
imprisonment, prolonged detention without charge, torture, and 
execution.
    According to NGO reports, 10 college students were arrested by the 
National Security Agency for reading a Bible and watching a DVD about 
the Bible.
    Religious and human rights groups outside the country continued to 
provide numerous unconfirmed reports that members of underground 
churches were beaten, arrested, detained in prison camps, tortured, or 
killed because of their religious beliefs.

    Societal Abuses and Discrimination.--There was no information on 
societal violence, harassment, or discrimination against members of 
religious groups.
    There was no known Jewish population, and there were no reports of 
anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for the ``freedom to 
reside in or travel to any place''; however, the Government did not 
respect this right in practice. During the year the Government 
continued to attempt to control internal travel. The Government did not 
cooperate with the Office of the UN High Commissioner for Refugees and 
other humanitarian organizations in assisting refugees and asylum 
seekers.
    The Government continued to restrict the freedom to move within the 
country. Only members of a very small elite class and those with access 
to remittances from overseas had access to personal vehicles, and 
movement was hampered by the absence of an effective transport network 
and by military and police checkpoints on main roads at the entry to 
and exit from every town. Use of personal vehicles at night and on 
Sundays was restricted. Violators of the karaoke bar ban reportedly 
were warned that punishment could include relocation to other regions 
within the country.
    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. 
Foreign officials visiting the country observed checkpoints on the 
highway leading into Pyongyang from the countryside.
    The Government also restricted foreign travel. The regime limited 
issuance of exit visas for foreign travel to officials and trusted 
businessmen, artists, athletes, academics, and religious figures. 
Short--term exit papers were available for some residents on the 
Chinese border to enable visits with relatives or to engage in small-
scale trade.
    It is not known whether the laws prohibit forced exile; the 
Government forced the internal exile of some citizens. In the past the 
Government engaged in forced internal resettlement of tens of thousands 
of persons from Pyongyang to the countryside. Sometimes this occurred 
as punishment for offenses, although social engineering was also 
involved. For example, although disabled veterans were treated well, 
other persons with physical and mental disabilities, as well as those 
judged to be politically unreliable, have been sent out of Pyongyang 
into internal exile.
    The Government did not allow emigration, although officials in 
border areas reportedly took bribes from, or simply let pass, persons 
crossing the border into China without required permits. The media and 
NGOs reported periodic crackdowns on this practice, with a stepped--up 
military presence along the border. Late in the year, several NGOs also 
reported stricter penalties recently imposed on attempted defectors.
    Substantial numbers of citizens have crossed the border into China 
over the years, and NGO estimates of those who lived there during the 
year ranged from tens of thousands to hundreds of thousands. Some 
settled semi-permanently in northeastern China, others traveled back 
and forth across the border, and others sought asylum and permanent 
resettlement in third countries. A few thousand citizens gained asylum 
in third countries during the year.
    The law criminalizes defection and attempted defection, including 
the attempt to gain entry to a foreign diplomatic facility 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 five years of ``labor correction.'' In 
``serious'' cases defectors or asylum seekers are subject to indefinite 
terms of imprisonment and forced labor, confiscation of property, or 
death. Many would-be refugees who were returned involuntarily were 
imprisoned under harsh conditions. Some sources indicated that the 
harshest treatment was reserved for those who had extensive contact 
with foreigners. In 2006 China reported it had repatriated a North 
Korean asylum seeker known as Kim Chun-hee, despite requests from the 
international community not to repatriate her. Kim's whereabouts 
remained unknown. In 2006 Chinese police arrested and deported to North 
Korea nine relatives of South Korean POWs; one NGO reported that the 
nine were likely in prison, but their whereabouts remained unknown.
    In the past, reports from defectors indicated that the regime 
differentiated between persons who crossed the border in search of food 
(who might be sentenced only to a few months of forced labor or in some 
cases merely issued a warning) and persons who crossed repeatedly or 
for political purposes (who were sometimes sentenced to heavy 
punishments). The law stipulates a sentence of up to two years of 
``labor correction'' for the crime of illegally crossing the border.
    During the year the Government reportedly continued to enforce the 
policy that all border crossers be sent to prison.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, nor has the 
Government established a system for providing protection for refugees. 
The Government did not grant refugee status or asylum. The Government 
had no known policy or provision for refugees or asylees and did not 
participate in international refugee fora.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government 
peacefully. The KWP and the KPA, with Kim Jong-il in control, dominated 
the political system. Little reliable information was available on 
intraregime politics. The legislature, the Supreme People's Assembly 
(SPA), meets only a few days per year to rubber-stamp resolutions 
presented by the party leadership.
    The Government justified its dictatorship with nationalism and 
demanded near deification of both Kim Jong-il and Kim Il-sung. All 
citizens remained subject to intensive political and ideological 
indoctrination, which was intended to ensure loyalty to the leadership 
and conformity to the state's ideology and authority.

    Elections and Political Participation.--Elections of delegates to 
the provincial, municipal, and county people's assemblies were held in 
July of 2007. The elections were not free and fair, and the outcome was 
virtually identical to prior elections. The Government openly monitored 
voting, resulting in nearly 100 percent participation and 100 percent 
approval.
    The Government has created several ``minority parties.'' Lacking 
grassroots organizations, they existed only as rosters of officials 
with token representation in the SPA. The Government regularly 
criticized the concept of free elections and competition among 
political parties as an ``artifact'' of ``capitalist decay.''
    Women made up 20 percent of the membership of the SPA as of the 
2003 elections, and approximately 4 percent of the membership of the 
KWP central committee.
    The country is racially and ethnically homogenous. Officially there 
are no minorities, and there is, therefore, no information on minority 
representation in the Government.

    Government Corruption and Transparency.--It is not known whether 
the law provides criminal penalties for official corruption, whether 
the Government implemented any such laws effectively, or how often 
officials engaged in corrupt practices with impunity.
    Reports of diversion of food aid to the military and government 
officials and bribery were indicative of corruption in the Government 
and security forces. The Government continued to deny any diversion of 
food aid, although it hinted that it was combating internal corruption.
    Foreign media reported that the Government launched a formal 
corruption investigation in January specifically targeting the National 
Economic Cooperation Federation (NECF) and the North Korean People's 
Council for National Reconciliation. The NECF reportedly accepted 
bribes to label Chinese-made goods as ``Made in North Korea,'' allowing 
them to be exported to South Korea duty free.
    It is not known whether public officials are subject to financial 
disclosure laws and whether a government agency is responsible for 
combating corruption. There are no known laws that provide for public 
access to government information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no independent domestic organizations to monitor human 
rights conditions or to comment on the status of such rights. The 
Government's North Korean Human Rights Committee has denied the 
existence of any human rights violations in the country.
    The Government ignored requests for visits from international human 
rights NGOs. The NGO community and numerous international experts 
continued to testify to the grave human rights situation in the country 
during the year. The Government decried international statements about 
human rights abuses in the country as politically motivated and as 
interference in internal affairs. The Government asserted that 
criticism of its human rights record was an attempt by some countries 
to cover up their own abuses and that such hypocrisy undermined human 
rights principles.
    The Government emphasized that it had ratified most UN human rights 
instruments but continued to refuse cooperation with UN 
representatives. The Government continued to prevent the UN Special 
Rapporteur on the Situation of Human Rights in the DPRK, Vitit 
Muntarbhorn, from visiting the country to carry out his mandate. The 
Government continued to refuse to recognize the special rapporteur's 
mandate and rejected the offer of the Office of the High Commissioner 
on Human Rights to work with the Government on human rights treaty 
implementation.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution grants equal rights to all citizens. However, the 
Government has never granted its citizens most fundamental human rights 
in practice, and it continued pervasive discrimination on the basis of 
social status.

    Women.--The Government appeared to criminalize rape, but no 
information was available on details of the law and how effectively the 
law was enforced. Women in prison camps reportedly were subject to rape 
and forced abortions.
    Violence against women was a significant problem both inside and 
outside the home.
    According to press reports, prostitution is illegal; there is no 
available information on the prevalence of prostitution in the country. 
There continued to be reports of trafficking in women and young girls 
who had crossed into China.
    The constitution states that ``women hold equal social status and 
rights with men;'' however, although women were represented 
proportionally in the labor force, few women had reached high levels of 
the party or the Government.

    Children.--The state provides 11 years of free compulsory education 
for all children. However, in the past some children were denied 
educational opportunities and subjected to punishments and 
disadvantages as a result of the loyalty classification system and the 
principle of ``collective retribution'' for the transgressions of 
family members.
    Foreign visitors and academic sources reported that from fifth 
grade children were subjected to several hours a week of mandatory 
military training and that all children have indoctrination at their 
schools.
    The UN Committee on the Rights of the Child repeatedly has 
expressed concern over de facto discrimination against children with 
disabilities and the insufficient measures taken by the state to ensure 
these children had effective access to health, education, and social 
services.
    It is not known whether boys and girls have equal access to state-
provided medical care; access to health care was largely dependent upon 
loyalty to the Government.
    Information about societal or familial abuse of children remained 
unavailable. There were reports of trafficking in young girls among 
persons who had crossed into China.

    Trafficking in Persons.--There were no known laws specifically 
addressing the problem of trafficking in persons, and trafficking of 
women and young girls into and within China continued to be widely 
reported. Some North Korean women and girls who voluntarily crossed 
into China were picked up by trafficking rings and sold as brides to 
Chinese nationals or placed in forced labor. In other cases, North 
Korean women and girls were lured out of North Korea by the promise of 
food, jobs, and freedom, only to be forced into prostitution, marriage, 
or exploitive labor arrangements. A network of smugglers facilitated 
this trafficking. Many victims of trafficking, unable to speak Chinese, 
were held as virtual prisoners, and some were forced to work as 
prostitutes. Traffickers sometimes abused or physically scarred the 
victims to prevent them from escaping. Officials facilitated 
trafficking by accepting bribes to allow individuals to cross the 
border into China.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--A law enacted in 2003 mandates equal 
access for persons with disabilities to public services; however, 
implementing legislation has not been passed. Traditional social norms 
condone discrimination against persons with physical disabilities. 
Although veterans with disabilities were treated well, other persons 
with physical and mental disabilities have been sent out of Pyongyang 
into internal exile. According to a report released in 2006 by the 
World Association of Milal, an international disability NGO, persons 
with disabilities constituted approximately 3.4 percent of the 
population, more than 64 percent of whom lived in urban areas. A 
foreign observer who travels to the country reported during the year 
that rehabilitation centers for the disabled are beginning to appear, 
together with facilities for the elderly. A foreign NGO reported that 
the North Korean Federation for the Protection of the Disabled allowed 
them to operate in North Korea. It is not known whether the Government 
restricts the right of persons with disabilities to vote or participate 
in civic affairs.

    Other Societal Abuses and Discrimination.--No information was 
available on other societal abuses and discrimination, such as societal 
violence or discrimination based on sexual orientation.
    No information was available regarding discrimination against 
persons with HIV/AIDS.
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 were no known labor organizations other than those created by the 
Government. The KWP purportedly represents the interests of all labor. 
There was a single labor organization, the General Federation of Trade 
Unions of Korea. Operating under this umbrella, unions functioned on 
the classic Stalinist model, with responsibility for mobilizing workers 
to support production goals and for providing health, education, 
cultural, and welfare facilities.
    Unions do not have the right to strike. According to North Korean 
law, unlawful assembly can result in five years of correctional labor.

    b. The Right to Organize and Bargain Collectively.--Workers do not 
have the right to organize or to bargain collectively. Factory and farm 
workers were organized into councils, which had an impact on management 
decisions. According to the International Trade Union Confederation, 
North Korean law does not contain penalties for employers who interfere 
in union functions, nor does it protect workers who might attempt to 
engage in union activities from employer retaliation.
    There was one special economic zone (SEZ) in the Rajin--Sonbong 
area. The same labor laws that applied in the rest of the country 
applied in the Rajin--Sonbong SEZ, and workers in the SEZ were selected 
by the Government.
    Under a special law that created the Kaesong Industrial Complex 
(KIC), located close to the demilitarized zone between South Korea and 
North Korea, special regulations covering labor issues negotiated 
between North Korea and South Korea were in effect for the management 
of labor in the area. Those regulations did not contain provisions that 
guarantee freedom of association or the right to bargain collectively. 
According to South Korea's Ministry of Unification, at year's end 
approximately 79 South Korean firms, including small firms operating in 
an apartment--type factory, were producing goods at the KIC. There were 
approximately 33,000 North Korean workers employed at the site. South 
Korea's Ministry of Unification reported that the DPRK's Central 
Special Area Development Directing Bureau provided candidates for 
selection by the South Korean companies. Under this agreement North 
Korean workers in the KIC reportedly earned a monthly minimum wage of 
approximately $63.40 (according to the Kaesong Industrial Complex Labor 
Law, wages are set in U.S. dollars), after a second 5 percent wage 
increase took effect in August. Employing firms reported that, with 
overtime, the average worker earned approximately $74 before 
deductions. Due to the lack of transparency, it was difficult to 
determine what proportion of their earned wages workers ultimately took 
home. Although the special laws governing the KIC require direct 
payment to the workers, the wages were in fact paid to the North Korean 
government, which withheld a portion for social insurance and other 
benefits and then remitted the balance (reportedly about 70 percent) to 
the workers in an unknown combination of ``commodity supply cards,'' 
which could be exchanged for staple goods, and North Korean won, 
converted at the official exchange rate. On December 1, the Government 
restricted border crossings and access to the KIC, protesting what it 
called ``hostile policies'' of ROK President Lee Myung Bak.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor. However, the Government mobilized the 
population for construction and other labor projects, including on 
Sundays, the one day off a week. The penal code criminalizes forced 
child labor; however, there were reports that such practices occurred 
(See Section 6.d.). The Government also frequently gathered large 
groups together for mass demonstrations and performances. ``Reformatory 
labor'' and ``reeducation through labor'' have traditionally been 
common punishments for political offenses. Forced and compulsory labor, 
such as logging and tending crops, continued to be the common fate of 
political prisoners.
    The penal code requires that all citizens of working age must work 
and ``strictly observe labor discipline and working hours.'' According 
to the penal code, failure to meet economic plan goals can result in 
two years of ``labor correction.''

    d. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the state prohibits work by children under the 
age of 16 years.
    School children sometimes were sent to work in factories or in the 
fields for short periods to assist in completing special projects, such 
as snow removal on major roads, or in meeting production goals. 
Children were forced also to participate in cultural activities and, 
according to academic reports, were subjected to harsh conditions 
during mandatory training sessions. According to a South Korean press 
report, the Government required high school and college students to 
participate in unpaid ``voluntary work,'' particularly rice-planting 
efforts, during their vacation periods. A defector interviewed by the 
UN special rapporteur reported that the Government sometimes took young 
people from the street and forced them to work on the farms.

    e. Acceptable Conditions of Work.--No reliable data were available 
on the minimum wage in state-owned industries. However, anecdotal 
reports indicated that the average daily wage was not sufficient to 
provide a decent standard of living for a worker and family. Since the 
2002 economic reforms, compensation underwent significant change as 
citizens sought to earn hard currency to support themselves and their 
families. Workers often had to pay for services that previously had 
been provided either free or at highly subsidized rates by the state, 
such as rent for housing and fees for transportation. While education 
and medical care technically remained free, educational materials and 
medicines appeared available only for purchase in markets. Foreign 
observers who visited the country reported that many factory workers 
regularly failed to go to work, paying a bribe to managers to list them 
as present, so they could engage in various trading and entrepreneurial 
activities instead. The same source stated that many government 
factories were not operating, primarily due to electricity shortages.
    Class background and family connections could be as important as 
professional competence in deciding who received particular jobs, and 
foreign companies that have established joint ventures continued to 
report that all their employees must be hired from registers screened 
by the Government.
    The constitution stipulates an eight-hour workday; however, some 
sources reported that laborers worked longer hours, perhaps including 
additional time for 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 was unknown. Foreign diplomats 
reported that workers had 15 days of paid leave plus paid national 
holidays. Some persons were required to take part in mass events on 
holidays, which sometimes required advance practice during work time. 
Workers were often required to ``celebrate'' at least some part of 
public holidays with their work units and were able to spend a whole 
day with their families only if the holiday lasted two days.
    Many worksites were hazardous, and the industrial accident rate was 
high. The law 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.
    Citizens suffered human rights abuses and labored under harsh 
conditions while working abroad for North Korean firms and under 
arrangements between the North Korean government and foreign firms. 
According to press reports, such contract laborers worked in Mongolia, 
Russia, Libya, Saudi Arabia, Bulgaria, and Angola. In most cases 
employing firms paid salaries to the North Korean government, and it 
was not known how much of that salary the workers received. Workers 
were typically watched closely by government officials while overseas 
and reportedly did not have freedom of movement outside their living 
and working quarters.
    Wages of some of the several thousand North Koreans employed in 
Russia reportedly were withheld until the laborers returned home, 
making them vulnerable to deception by North Korean authorities, who 
promised relatively high payments.

                               __________

                           KOREA, REPUBLIC OF

    The Republic of Korea (Korea or ROK) is a constitutional democracy 
governed by a president and a unicameral legislature. The country has a 
population of approximately 48 million. In April the Grand National 
Party obtained a majority of National Assembly seats in a free and fair 
election. Civilian authorities generally maintained effective control 
of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Women, persons 
with disabilities, and minorities continued to face societal 
discrimination. Rape, domestic violence, child abuse, and trafficking 
in persons remained serious problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    Official figures indicated that hazing was a factor in many of the 
321 suicides by military personnel since 2004.

    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 suspects, and officials 
generally observed this prohibition in practice.
    The Government continued to investigate incidents of possible abuse 
under the country's former military regimes. As of November the 
Commission for the Restoration of Honor and Compensation to Activists 
of the Democratization Movement had reviewed 11,241 of the 13,348 cases 
reported since its creation in 2000 and determined that compensation 
was due in 8,908 of them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. However, the National Security Law (NSL) grants the 
authorities broad powers to detain, arrest, and imprison persons who 
commit acts the Government views as intended to endanger the ``security 
of the state.'' Critics continued to call for reform or abolishment of 
the law, contending that its provisions did not define prohibited 
activity clearly. The Ministry of Justice (MOJ) maintained that the 
courts had established legal precedents for strict interpretation of 
the law that preclude arbitrary application. The number of NSL 
investigations and arrests has dropped significantly in recent years.
    During the year authorities arrested 16 persons and prosecuted 
another 27 persons for alleged NSL violations. Of those prosecuted, 
four were found guilty; the remaining 23 were on trial as of year's 
end. In August authorities indicted a secondary school teacher on 
charges of violating the NSL for distributing materials related to the 
May 1980 Kwangju uprising. At the end of the year he was awaiting trial 
without physical detention. In another case four members of a 
nongovernmental organization (NGO) were detained and charged in 
September with illegal contact with Democratic People's Republic of 
Korea (DPRK or North Korea) agents and distribution of North Korean 
press material for the purpose of exalting DPRK leader Kim Jong-il. The 
NGO claimed the Government used falsehoods against the four and filed a 
defamation claim for damages. At year's end the four were in detention 
awaiting trial, and the defamation claim had not been settled.
    In November 2007 a university professor found guilty of violating 
the NSL and sentenced in 2006 to two years in prison lost his final 
appeal.
    An Amnesty International (AI) report alleged there were arbitrary 
arrests of bystanders on at least three occasions during demonstrations 
against President Lee Myung-bak in Seoul between May and September. 
Those arrested were detained and released. The Korean National Police 
Agency (KNPA) stated that police followed the requirements of the law 
in responding to the demonstrations. The MOJ reported that official 
investigations had not confirmed any instances of arbitrary arrest as 
of year's end.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the KNPA, and the Government has 
effective mechanisms to investigate and punish abuse and corruption.
    AI reported that some riot police dispatched to demonstrations in 
Seoul between May and September had hidden their name badges or not 
worn them. The National Human Rights Commission (NHRC) also reported 
that some riot police had covered their nametags with black tape and 
recommended that the KNPA ensure that police nametags are easily 
visible.

    Arrest and Detention.--The law 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 cases a 
public prosecutor or judicial police officer must prepare an affidavit 
of emergency arrest immediately upon apprehension of the suspect. 
Police may not question for more than six hours persons who voluntarily 
submit to questioning at police stations. Authorities generally must 
release an arrested suspect within 20 days unless an indictment is 
issued. An additional 10 days of detention is allowed in exceptional 
circumstances.
    There is a bail system, but human rights lawyers stated that 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.
    The law provides for the right to representation by an attorney, 
including during police interrogation. There are no restrictions on 
access to a lawyer, but the authorities can limit a lawyer's 
participation in an interrogation if the lawyer obstructs the 
interrogation or divulges information that impedes an investigation. 
The courts generally observed a defendant's right to a lawyer. During 
both detention and arrest periods, an indigent detainee may request 
that the Government provide a lawyer.
    Access to family members during detention varies according to the 
level of crime being investigated. There were no reports of access to 
legal counsel being denied.

    Amnesty.--In August the Government granted a special amnesty to 
approximately 342,000 persons. Most were government officials due to 
receive disciplinary action. Approximately 1,900 of the pardons 
involved Election Act violations and another 10,000 involved 
commutation of sentences or probation for persons convicted of other 
crimes.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides defendants with a number of 
rights in criminal trials, including the presumption of innocence, 
protection against self-incrimination, the right to a speedy trial, the 
right of appeal, and freedom from retroactive laws and double jeopardy. 
Trials are open to the public, but judges may restrict attendance if 
they believe spectators might disrupt the proceedings. There is a 
public jury system, but the verdict of the jury is not legally binding. 
Court-appointed lawyers are provided by the Government (at government 
expense) in cases where defendants cannot afford to provide their own 
legal counsel. When a person is detained, the initial trial must be 
completed within six months of arrest. Judges generally allowed 
considerable scope for examination of witnesses by both the prosecution 
and defense. Defendants have the right to be present and to consult 
with an attorney, can confront or question witnesses against them, and 
can present witnesses and evidence on their behalf. Defendants have 
access to government-held evidence relevant to their cases. The 
constitution provides for the right to a fair trial, and an independent 
judiciary generally enforced this right.

    Political Prisoners and Detainees.--It was difficult to estimate 
the number of political prisoners, because it was sometimes unclear 
whether persons were arrested for exercising the rights of free speech 
and association or for committing acts of violence or espionage. The 
NGO Mingahyup reported that as of December, the Government had 
imprisoned 74 persons for their political beliefs and convicted 399 
conscientious objectors who failed to report for military service. 
However, the MOJ stated that there were no cases of incarceration for 
political beliefs and that the law does not distinguish conscientious 
objectors from others who do not report for military service.

    Civil Judicial Procedures and Remedies.--There was an independent 
and impartial judiciary in civil matters, and there were no problems 
enforcing domestic court orders. Citizens had access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. Some human rights 
groups raised concerns about possible government wiretapping abuse. The 
law establishes broad conditions under which the Government may monitor 
telephone calls, mail, and other forms of communication for up to two 
months in criminal investigations and four months in national security 
cases. According to the National Assembly parliamentary audit, there 
were 1,149 instances of wiretapping in 2007. The National Intelligence 
Service conducted 87.9 percent of these. Telecommunications companies 
provided customer information to investigation agencies on 426,453 
occasions in 2007.
    The Government continued to require some released prisoners to 
report regularly to police in accordance with the Security Surveillance 
Act. While the Ministry of Unification (MOU) designated precinct-level 
officers to handle issues brought forth by resettled DPRK refugees, the 
ministry claimed that there were no reporting requirements for the 
resettled citizens.
    The NSL forbids citizens from listening to North Korean radio in 
their homes or reading books published in the DPRK 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 DPRK satellite telecasts in private homes 
is legal.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press. The independent media were active and 
expressed a wide variety of views generally without restriction. 
However, under the NSL the Government may limit the expression of ideas 
that authorities consider Communist or pro-DPRK.

    Internet Freedom.--The Government blocked violent, sexually 
explicit, and gambling-oriented Web sites and required site operators 
to rate their site as harmful or not harmful to youth, based on 
telecommunications laws that ban Internet service providers from 
offering information considered harmful to youth. The Government also 
continued to block DPRK Web sites.
    The law requires identity verification in order to post messages to 
Web sites with more than 300,000 visitors per day.
    According to 2007 Organization for Economic Cooperation and 
Development data, 94.1 percent of households had access to the Internet 
through broadband connections. In addition to Internet access from 
home, public Internet rooms were widely available and inexpensive.

    Academic Freedom and Cultural Events.--There were generally no 
government restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice. The law prohibits 
assemblies that are considered likely to undermine public order and 
requires police to 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, police 
routinely approved demonstrations. The police reportedly banned some 
protests by groups that had not properly registered or that had been 
responsible for violent protests in the past.
    The KNPA reported that 26 riot police were accused of abuses during 
the period of the ``Candlelight Demonstrations'' in Seoul against the 
administration of President Lee Myung-bak between May and September. An 
AI report on the demonstrations noted that protesters were mostly 
peaceful and the police showed ``organization and restraint,'' but it 
criticized riot police for misusing water cannons and fire 
extinguishers; exercising excessive and unnecessary force; and kicking 
and beating protesters, journalists, observers, and medical volunteers 
with shields and batons. The report also stated that riot police were 
insufficiently trained in crowd control and dispersion. The NHRC also 
reported that police occasionally had suppressed demonstrations in an 
excessive manner, injuring protesters. The KNPA stated that police 
responded to violent and illegal demonstrations in accordance with the 
law. Official investigations of allegations of police abuse were 
ongoing at year's end.

    Freedom of Association.--The law 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. In December 2007, 
for example, Jang Min-ho, a foreign citizen and former reporter for the 
newspaper Joongang Daily, was sentenced to seven years and fined 19 
million won (approximately $14,300) for allegedly meeting with DPRK 
spies. He was serving his sentence as of year's end.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    In August tens of thousands of Buddhists protested alleged 
discrimination by the Government. Buddhist leaders denounced a police 
search of a temple vehicle for fugitive anti--Lee Myung-bak 
demonstrators and demanded the dismissal of the KNPA commissioner 
general, who had appeared in a poster promoting a Christian police 
event. In September President Lee Myung-bak expressed regret that any 
actions of civil servants had ``caused concern within the Buddhist 
community.'' The head of the Buddhist Jogye Order accepted an apology 
from the police commissioner general in November.

    Societal Abuses and Discrimination.--The small Jewish population 
consists almost entirely of expatriates. There were no reports of 
anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Most citizens could move freely 
throughout the country; however, government officials restricted the 
movement of certain DPRK defectors by denying them passports. In 
January the Supreme Court ruled that the denial of a passport to one 
defector was ``unjust.'' While foreign travel generally was 
unrestricted, the Government must approve travel to the DPRK. In many 
cases travelers going to the DPRK must receive a briefing from the 
Ministry of Unification prior to departure. They must demonstrate also 
that their trip does not have a political purpose and is not undertaken 
to praise the DPRK or criticize the Government. The Government 
cooperated with the Office of the UN High Commissioner for Refugees and 
other humanitarian organizations in assisting refugees and asylum 
seekers.
    The law does not include provisions for forced exile of its 
citizens, and the Government did not employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. However, the Government routinely did not grant refugee 
status or asylum. In practice the Government generally provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened.
    Government guidelines provide for offering temporary refuge in the 
case of a mass influx of asylum seekers and an alternative form of 
protection--a renewable, short-term permit-to those who meet a broader 
definition of ``refugee.'' During the year the Government recognized 36 
asylum applicants as refugees, many more than in past years. However, a 
complex procedure and long delays in refugee status decision making 
continued to be problems. At year's end approximately 1,500 
applications were pending decisions. Asylum seekers who were recognized 
as refugees received basic documentation but frequently encountered 
problems in exercising their rights. Like other foreigners, refugees 
frequently were subjected to various forms of informal discrimination.
    The Government continued its longstanding policy of accepting 
refugees from the DPRK, who are entitled to ROK citizenship. The 
Government resettled 2,809 North Koreans during the year, resulting in 
15,057 North Koreans resettled in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic, free, and fair elections held on the basis of universal 
suffrage for all citizens 20 years of age or older.

    Elections and Political Participation.--National Assembly elections 
held in April were free and fair.
    Both the majority and the various minority political parties 
operated without restriction or outside interference.
    In general elections, 50 percent of each party's candidates on the 
proportional ballot must be women, and 30 percent of each party's 
geographical candidates are recommended to be women. There were 41 
female lawmakers in the 299-seat National Assembly, with three of 18 
National Assembly committees chaired by women. Two of 13 Supreme Court 
justices and two of 15 cabinet ministers were women.
    There were no minorities in the National Assembly.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. The Korea Independent Commission 
Against Corruption stated that the overall ``cleanliness level'' of the 
Government for 2007 was 8.89 out of 10 points, an improvement from 8.77 
in 2006. There were reports of officials receiving bribes and violating 
election laws. Several National Assembly members were found guilty of 
taking bribes in exchange for fixing candidate lists for proportional 
representation seats up for election in April. In November the 
prosecutor's office announced corruption indictments against 250 
officials at state-backed companies, primarily for taking bribes.
    By law public servants above a certain rank must register their 
assets, including how they were accumulated, thereby making their 
holdings public. Among the anticorruption agencies are the Board of 
Audit & Inspection and the Public Servants Ethics Committee. In 
February the Korea Independent Commission Against Corruption, Ombudsman 
of Korea, and Administrative Appeals Commission were integrated to form 
the Anti--Corruption and Civil Rights Commission.
    The country has a Freedom of Information Act; in practice the 
Government granted access for citizens and noncitizens alike, including 
foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
often were cooperative and responsive to their views.
    The NHRC is an independent government body established to protect 
and promote human rights; however, it has no enforcement powers and its 
decisions are not binding. The NHRC investigates complaints, issues 
policy recommendations, and conducts education campaigns. The NHRC 
largely has enjoyed the Government's cooperation, received adequate 
resources, and been considered effective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law forbids discrimination on the basis of gender, religion, 
disability, social status, and race, and the Government generally 
respected these provisions. However, traditional attitudes limited 
opportunities for women, persons with disabilities, and ethnic 
minorities. While courts have jurisdiction to decide discrimination 
claims, many of these cases were instead handled by the NHRC. During 
the year 1,380 such cases were brought before the NHRC.

    Women.--Rape remained a serious problem. Although there is no 
specific statute that defines spousal rape as illegal, the courts have 
established a precedent by prosecuting spouses in such cases. The MOJ 
stated that there were 7,532 reports of rape and 3,581 prosecutions 
during the year. In 2007 there were 15,325 registered cases of sexual 
violence, including rape, sexual harassment, and other sexual crimes, 
according to the Ministry of Gender Equality (MOGE). A study by the 
Korea Institute for Health and Social Affairs and the Korean Institute 
of Criminology found that annually 17.9 of every 1,000 women were 
victims of sexual harassment, rape, or other sexual crimes, but the 
reporting rate for rape was only 7.1 percent. The penalty for rape is 
at least three years' limited imprisonment; if a weapon is used or two 
or more persons commit the rape, punishment ranges from a minimum of 
five years' to life imprisonment.
    Violence against women remained a problem. During the year the MOJ 
registered 11,048 cases of domestic violence and prosecuted 1,747 
cases. According to an MOGE survey, approximately 30 percent of all 
married women were victims of domestic violence. The law defines 
domestic violence as a serious crime and enables authorities to order 
offenders to stay away from victims for up to six months. Offenders can 
be sentenced to a maximum five years' imprisonment or fined up to seven 
million won ($5,300). Offenders also may be placed on probation or 
ordered to see court designated counselors. The law also requires 
police to respond immediately to reports of domestic violence, and the 
police generally were responsive.
    Prostitution is illegal but widespread. In July police began a 
crackdown on alleged prostitution-related establishments in multiple 
areas of Seoul, closing 61 businesses in one district and prosecuting 
approximately 350 persons without physical detention. The Government 
allows for the prosecution of citizens who pay for sex or commit acts 
of child sexual exploitation in other countries. The Act on the 
Prevention of the Sex Trade and Protection of Victims Thereof, which 
entered into effect in September, further stipulates that the MOGE 
complete a report every three years on the status of domestic 
prostitution in addition to the involvement of citizens in sex tourism 
and the sex trade abroad. NGOs continued to express concern that sex 
tourism to China and Southeast Asia was becoming more prevalent.
    The law obligates companies and organizations to take preventive 
measures against sexual harassment, but it continued to be a problem. 
The NHRC received 152 cases of sexual harassment during the year. 
According to the NHRC, remedies included issuance of a recommendation 
for redress, conciliation, mutual settlement, and resolution during 
investigation. The NHRC lacks the authority to impose punitive 
measures, which must be pursued through the court system.
    The family law permits a woman to head a household, recognizes a 
wife's right to a portion of a couple's property, and allows a woman to 
maintain contact with her children after a divorce. The law also allows 
remarried women to change their children's family name to their new 
husband's name. Women enjoy the same legal rights under the 
constitution as men.
    Women continued to experience economic discrimination in pay for 
substantially similar work. According to the Korea Institute of 
Finance, a survey of financial services companies revealed that almost 
60 percent of newly created jobs in this sector were filled by women. 
The portion of entry-level civil service positions that women filled 
increased from 3.2 percent in 1992 to 49 percent in 2007. The Ministry 
of Foreign Affairs and Trade reported that 67.7 percent of new 
diplomats were women. The Ministry of Labor (MOL) stated that the 
employment rate of females between the ages of 15 and 64 had risen 
approximately 10 percentage points since 1996, from 43.6 percent to 
53.1 percent. Nevertheless, relatively few women worked in managerial 
positions or earned more than a median income, and gender 
discrimination in the workplace remained a problem. An MOL survey 
released in April found that 53.9 percent of respondents believed that 
sexual discrimination within the workplace was a serious problem.
    The law penalizes companies found to discriminate against women in 
hiring and promotions. A company found guilty of practicing sexual 
discrimination could be fined up to approximately five million won 
($3,800) and have its name published in the newspaper. The law also 
provides for a public fund to support victims in seeking legal redress. 
Some government agencies' preferential hiring of applicants with 
military service (nearly always men) reinforced barriers against women, 
despite a Constitutional Court ruling that such preferential hiring was 
unconstitutional.

    Children.--The Government demonstrated its commitment to children's 
rights and welfare through free public education. High quality health 
care was widely available to children.
    From January through June, a total of 2,733 child abuse cases were 
reported to the Ministry of Health and Welfare (MOHW). The MOGE 
maintained four centers that provided counseling, treatment, and legal 
assistance to child victims of sexual violence. In February the 
Government revised the Acts on the Prevention of School Violence and 
Countermeasures to make sexual violence perpetrated at school subject 
to criminal prosecution.
    The law establishes a maximum sentence of 25 years' imprisonment 
for the brokerage and 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 age 19. The 
Commission on Youth Protection publicizes the names of those who commit 
sex offenses against minors. The law provides for prison terms of up to 
three years or a fine of up to 20 million won ($15,000) for owners of 
entertainment establishments who hire persons under age 19. The 
commission's definition of ``entertainment establishment'' includes 
facilities such as restaurants and cafes where children are hired 
illegally as prostitutes.
    In July the Constitutional Court overturned a 1987 ban on prenatal 
gender tests, ruling that a parent's right to know outweighed the risk 
of male-preference abortion, a practice that the court stated was in 
decline.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, from, through, and within the country. Women from Russia, other 
countries of the former Soviet Union, China, Mongolia, the Philippines, 
and other Southeast Asian countries were trafficked to the country for 
sexual exploitation and domestic servitude. They were recruited 
personally or answered advertisements and were flown to Korea, often 
with entertainer or tourist visas. In some instances, once these visa 
recipients arrived in the country, employers illegally held victims' 
passports. In addition some foreign women recruited for legal and 
brokered marriages with Korean men ended up in situations of sexual 
exploitation, debt bondage, and involuntary servitude once married. 
Korean women were trafficked primarily for sexual exploitation to the 
United States, sometimes through Canada and Mexico, as well as to other 
countries, such as Australia and Japan. Relatively small numbers of 
migrants seeking opportunities in the country were believed to have 
become victims of trafficking as well, although the MOL Employment 
Permit System reduced the number of workers trafficked into the 
country. There were reports that human traffickers exploited ROK 
passports for the purpose of human trafficking. There was no credible 
evidence that officials were involved in trafficking.
    The law prohibits trafficking for the purpose of commercial sexual 
exploitation, including debt bondage, and prescribes up to 10 years' 
imprisonment. Trafficking for forced labor is criminalized and carries 
penalties of up to five years' imprisonment. February revisions to the 
Passport Act allow for restricted issuance or confiscation of passports 
of persons engaging in illegal activity overseas, including sex 
trafficking. However, some NGOs believed the laws against sex 
trafficking were not being enforced to their fullest potential. During 
the year authorities conducted 220 trafficking investigations and 
prosecuted in 31 cases, all for sex trafficking. There were no reported 
prosecutions or convictions of labor trafficking offenses.
    The Marriage Brokerage Management Act, which entered into effect in 
June, regulates both domestic and international marriage brokers and 
prescribes penalties for dishonest brokers, including sentences of up 
to three years' imprisonment or fines. There also are laws to protect 
``foreign brides'' in the country and punish fraudulent marriage 
brokers, but NGOs claimed the laws needed to be strengthened.
    The KNPA and the MOJ were principally responsible for enforcing 
antitrafficking laws. The Government worked with the international 
community on investigations related to trafficking.
    The Government maintained a network of shelters and programs to 
assist victims of abuse, including trafficking victims. Victims were 
also eligible for medical, legal, vocational, and social support 
services. NGOS with funding from the Government provided many of these 
services. NGOs reported that there was only one counseling center and 
two shelters in the country dedicated to foreign victims of sex 
trafficking. The MOJ continued to educate male clients of prostitution 
to correct distorted views of prostitution. During the year 17,956 
individuals participated in the program.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--In April the Anti--Discrimination 
Against and Remedies for Persons with Disabilities Act (DDA) took 
effect. The DDA adopts a definition of discrimination encompassing 
direct discrimination, indirect discrimination, and denial of due 
conveniences, and it establishes penalties for deliberate 
discrimination of up to three years in prison and 30 million won 
($22,600). The Government, through the MOHW, initiated a five-year plan 
to implement a comprehensive set of policies, took measures to make 
homes barrier free, provided part--time employment, established a task 
force to introduce a long-term medical care system, and opened a 
national rehabilitation research center to increase opportunities and 
access for persons with disabilities. During the year the NHRC received 
635 cases of alleged discrimination in areas such as employment, 
property ownership, and access to educational facilities.
    Firms with more than 100 employees are required by law either to 
hire persons with disabilities or contribute to funds used to promote 
the employment of persons with disabilities. Nevertheless, the hiring 
of persons with disabilities remained significantly below target 
levels.

    National/Racial/Ethnic Minorities.--The country is racially 
homogeneous, with no sizable populations of ethnic minorities. 
Citizenship is based on parentage, not place of birth, and persons must 
demonstrate 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.'' Many foreign workers continued 
to report difficult working conditions.

    Other Societal Abuses and Discrimination.--Despite cultural respect 
for the elderly, there were reports of age discrimination in the 
workplace. In March the Government enacted the Age Discrimination in 
Employment Act to address age discrimination in hiring and employment.
    Some observers claimed that persons with HIV/AIDS suffered from 
severe societal discrimination and social stigma. The law ensures the 
confidentiality of persons with HIV/AIDS and protects individuals from 
discrimination. The Government supported rehabilitation programs and 
shelters run by private groups and subsidized medical expenses from the 
initial diagnosis. The Government operated a Web site with HIV/AIDS 
information and a telephone counseling service.
    The law prohibits discrimination on the basis of sexual 
orientation, but societal discrimination persisted. In November a 
military court asked the Constitutional Court to rule on the 
constitutionality of rules prohibiting sexual activity between male 
military personnel. An opinion had not been rendered by year's end.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to associate freely and allows public servants to organize 
unions. The Government continued to postpone the implementation of the 
1997 law that authorizes union pluralism.
    The ratio of organized labor in the entire population of wage 
earners in 2007 was approximately 11 percent, or 1.5 million unionists 
from a total of 14.7 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 KCTU and the FKTU were affiliated with the 
International Trade Union Confederation (ITUC). Most of the FKTU's 
constituent unions maintained affiliations with global union 
federations.
    The Government recognized a range of other labor federations, 
including independent white-collar federations representing hospital 
workers, journalists, and office workers at construction firms and 
government research institutes. Labor federations not formally 
recognized by the MOL generally operated without government 
interference. AI criticized the MOL for continuing to deny legal 
recognition to the Seoul--Gyeonggi--Incheon Migrants Trade Union (MTU), 
even after a high court ruled that the law protecting the right of 
association applied to migrant laborers. In May the Government arrested 
and deported MTU's President Torna Limbu and Vice President Abdus Sabur 
for being in ``irregular or undocumented status.'' The ITUC criticized 
the May arrest and deportation of the two under immigration charges as 
governmental antiunion repression. Previous MTU leaders also previously 
were arrested and deported.
    By law unions must submit a request for mediation to the Labor 
Relations Commission before a strike; otherwise, the strike is 
considered illegal. In most cases the mediation must be completed 
within 10 days; in the case of essential services, within 15 days. 
Strikes initiated following this period without majority support from 
union membership are illegal. Striking is also prohibited in cases in 
which a dispute has been referred to binding arbitration. Workers 
employed at major defense corporations subject to the Special Act on 
the Defense Industry and those working in the areas of electricity 
generation, water supply, or production of defense products are not 
allowed to strike. In addition, if striking employees resort to 
violence, unlawful occupation of premises, or infliction of damage to 
facilities, their actions are deemed illegal. Strikes not specifically 
pertaining to labor conditions, including wages, benefits, and working 
hours, are also illegal. Under the penal code for ``obstruction of 
business,'' arrest warrants can be issued against union leaders during 
an illegal strike. Striking workers can be removed by police from the 
premises and, along with union leaders, prosecuted and sentenced.
    On December 5, authorities arrested KCTU President Lee Suk-haeng 
and charged him with ``obstruction of business'' in connection with his 
role organizing a general strike on July 2 to protest plans to resume 
foreign beef imports. Authorities also charged him with organizing 
solidarity action in 2007 against a retail company that allegedly 
subjected its workers to precarious and exploitative employment 
arrangements. The ITUC criticized his arrest, on warrants issued 
against him and 10 other KCTU and Korean Metal Workers' Union 
officials, as violating the Government's legal obligations to respect 
freedom of association.
    The law prohibits retribution against workers who conduct a legal 
strike and allows workers to file complaints of unfair labor practices 
against employers.
    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. Strikes are prohibited for both central and local 
government officials.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the workers' right to collective bargaining and collective 
action, and workers exercised these rights in practice. The 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 was used infrequently because employers took extra 
precautions when firing union members. According to the ITUC, employers 
in some cases levied ``obstruction of business'' charges against union 
leaders who were seeking to bargain collectively or engage in regular 
union activities.
    The law permits public servants to organize trade unions and 
bargain collectively, although it restricts the public service unions 
from collective bargaining on topics such as policy-making issues and 
budgetary matters.
    The Government designated enterprises in the two export processing 
zones (EPZs) as public interest enterprises. Workers in these 
enterprises have the rights enjoyed by workers in other sectors, and 
labor organizations are permitted in the EPZs. However, foreign 
companies operating in the EPZs are exempt from some labor regulations. 
For example, foreign-invested enterprises are exempt from provisions 
that mandate monthly leave, paid holidays, and menstruation leave for 
women; give preferential treatment to patriots, veterans, and their 
families; obligate companies with more than 300 persons to recruit 
persons with disabilities for at least 2 percent of their workforce; 
encourage companies to reserve 3 percent of their workforce for workers 
over 55 years of age; and restrict large companies from participating 
in certain business categories.

    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 and prohibits 
forced or compulsory labor, and the Government effectively enforced 
these laws through regular inspections. Child labor was not considered 
a problem.
    The labor standards law prohibits the employment of persons under 
age 15 without a special employment certificate from the MOL. 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 must limit 
minors' overtime hours and are prohibited from employing minors at 
night without special permission from the MOL.

    e. Acceptable Conditions of Work.--The minimum wage is reviewed 
annually. During the year the minimum wage was 3,770 won (approximately 
$2.80) per hour. The FKTU and other labor organizations asserted that 
the existing minimum wage did not meet the basic requirements of urban 
workers.
    Employees of large conglomerates, publicly owned companies, banks, 
insurance companies with 1,000 or more registered workers, and 
companies with more than 50 employees work a five-day, 40-hour 
workweek. Labor laws mandate a 24-hour rest period each week and 
provide for a flexible hours system, under which employers can require 
laborers to work up to 48 hours during certain weeks without paying 
overtime (and 52 with approval from the relevant labor union), so long 
as average weekly hours for any given two-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 regular hours in a given 
week. Workers may not be required to work more than 12 hours per 
working day. The labor standards law also provides for a 50 percent 
higher wage for overtime.
    The Korea Occupational Safety and Health Agency (KOSHA) is 
responsible for implementing industrial accident prevention activities. 
The Government set health and safety standards, but the accident rate 
was high by international standards. During the year there were 2,422 
fatalities related to industrial accidents. According to KOSHA, 
approximately 60 percent of work-related injuries occurred in 
workplaces with 50 workers or less. During the year KOSHA provided 
funds and technical support to improve safety and health facilities at 
manufacturing workplaces employing fewer than 50 employees, awareness 
of occupational health problems in the workplace, and safety education 
for migrant workers. Foreign workers reportedly were more likely to be 
victims of work-related injuries but were often discouraged from 
seeking compensation. By law 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.
    Contract and other ``nonregular'' workers accounted for a 
substantial portion of the workforce. According to the Government, 
there were approximately 5.4 million nonregular workers, comprising 
approximately 34 percent of the total workforce. In general nonregular 
workers performed work similar to regular workers but received 
approximately 67 percent of the wages of regular workers; 53 percent of 
nonregular workers were ineligible for national health and unemployment 
insurance and other benefits, compared with 6 percent of regular 
workers. In July application of the 2006 Non--Regular Workers Act was 
expanded to cover businesses with 100 or more employees. The vast 
majority of contract and other nonregular workers were not foreign 
workers.
    The law on nonregular workers allows companies with more than 300 
workers to use temporary worker contracts valid for a maximum of two 
years. However, labor groups alleged that employers used a loophole in 
the law to avoid their obligation to hire part--time workers as regular 
workers after the two-year time limit.
    The MOJ reported that the total number of foreigners with legal 
working status was 494,035 as of year's end. The total number of 
foreign workers in illegal status was 54,518. The Government continued 
its crackdown on illegal foreign labor.
    The Government continued to use the Employment Permit System (EPS) 
to increase protections and controls on foreign workers while easing 
the labor shortage in the manufacturing, construction, and agricultural 
sectors. Through the EPS, 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. Foreign workers were 
limited in their freedom to change jobs. Before changing jobs the 
employee's place of work must close down or the worker must have proof 
of physical abuse at the hand of the employer. Unless MOJ guidelines 
allow for an extension on humanitarian grounds, workers lose their 
legal status if they do not find a new employer within two months.
    During the year 75,024 foreigners entered Korea under the EPS. They 
often encountered difficult working conditions. AI and local media 
reported that foreign laborers often faced physical abuse and 
exploitation from employers. The NGO Korea Migrant Center received 
reports of abuse of female entertainment visa holders. The MOJ reported 
that foreign workers filed 8,074 complaints related to unpaid wages 
during the year.
    Foreign workers employed as language teachers continued to complain 
that the institutes for which they worked frequently violated 
employment contracts, but employers reported there were a large number 
of foreign teachers who did not fully honor their work contracts.

                               __________

                                  LAOS

    The Lao People's Democratic Republic is an authoritarian one-party 
state ruled by the Lao People's Revolutionary Party (LPRP). The 
estimated population was 6.7 million. The most recent National Assembly 
(NA) election was held in 2006. The constitution legitimizes only a 
single party, the LPRP, and almost all candidates in the 2006 election 
were LPRP members vetted by the party. The LPRP generally maintained 
effective control of the security forces, but on occasion elements of 
the security forces acted outside the LPRP's authority.
    The central government continued to deny citizens the right to 
change their government. Prison conditions were harsh and at times life 
threatening. Corruption in the police and judiciary persisted. The 
Government infringed on citizens' right to privacy and did not respect 
the right to freedom of speech, the press, assembly, or association. 
Local officials at times restricted religious freedom and citizens' 
freedom of movement. Trafficking in persons, especially women and girls 
for prostitution, remained a problem, as did discrimination against 
ethnic minorities. Workers' rights were restricted.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
confirmed reports of politically motivated killings by the Government 
or its agents. There were reports that occasional action by military 
units against small insurgent groups in Luang Prabang, Xieng Khouang, 
and Vientiane provinces, including the former Saisomboun Special Zone, 
resulted in a limited but unknown number of deaths and injuries.
    There were no developments in the cases of persons allegedly killed 
by the military or police in previous years, including an attack in 
November 2007 in the Phu Bia area of Vientiane Province that reportedly 
killed two women and one child.

    b. Disappearance.--There were no developments in the January 2007 
reported abduction by police of an ethnic Thai Dam resident of Oudomsay 
Province or in the January 2007 abduction of an ecotourism businessman 
in Luang Namtha Province.
    In October an international nongovernmental organization (NGO) 
reported that five boys from a group of 26 Hmong children deported from 
Thailand in 2005 had been released, and a government official confirmed 
that the boys were living with relatives in Laos. At year's end no 
information was available on the woman accompanying the children. The 
21 girls were returned to their extended families in April 2007.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits the beating or torture of an arrested 
person. In practice members of the police and security forces sometimes 
abused prisoners, especially those suspected of associations with the 
insurgency.
    Detainees sometimes were subjected to beatings and long-term 
solitary confinement in completely darkened rooms, and in many cases 
they were detained in leg chains or wooden stocks for long periods. 
Former inmates reported that degrading treatment, the chaining and 
manacling of prisoners, and solitary confinement in small unlit rooms 
were standard punishments in larger prisons, while smaller provincial 
or district prisons employed manacles and chains to prevent prisoners 
from escaping. However, reports of prisoner abuse continued to 
decrease, and during the year there were no verifiable reports of 
prisoner abuse.

    Prison and Detention Center Conditions.--Prison conditions varied 
widely but in general were harsh and occasionally life-threatening. 
Prisoners in larger, state-operated facilities in Vientiane generally 
fared better than those in provincial prisons. Food rations were 
minimal, and most prisoners relied on their families for subsistence. 
Most of the larger facilities allowed prisoners to grow supplemental 
food in small vegetable gardens, although there were periodic reports 
that prison guards took food from prisoners' 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 were treated particularly harshly. Former 
prisoners reported that incommunicado detention was used as an 
interrogation device and against perceived problem prisoners; however, 
there were fewer reports of its use during the year. Although most 
prisons had some form of clinic, usually with a doctor or nurse on 
staff, medical facilities were extremely poor, and medical treatment 
for serious ailments was unavailable. In some facilities prisoners 
could arrange treatment in outside hospitals if they could pay for the 
treatment and the expense of police escorts.
    Prisons held both male and female prisoners, but they were placed 
in separate cells. In some prisons juveniles were held with adult 
prisoners. Most juveniles were in detention for narcotics offenses or 
petty crimes. Rather than send juveniles to prisons, authorities used 
drug treatment facilities as holding centers for juvenile offenders. 
While conditions in treatment facilities were generally better than 
those in prisons, conditions were nevertheless spartan, and lengths of 
detention indefinite.
    The Government did not permit regular independent monitoring of 
prison conditions. The Government continued to deny the request of the 
International Committee of the Red Cross (ICRC) to establish an 
official presence in the country to monitor prison conditions. The 
Government at times provided foreign diplomatic personnel access to 
some prisons, but such access was strictly limited.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in practice the Government did not 
respect these provisions, and arbitrary arrest and detention persisted.

    Role of the Police and Security Apparatus.--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 
the LPRP and the LPRP's popular front organizations. The MoPS includes 
local police, traffic 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 have domestic security 
responsibilities that include counterterrorism and counterinsurgency 
activities, as well as control of an extensive system of village 
militias.
    Impunity remained a problem, as did police corruption. Many police 
officers used their authority to extract bribes from citizens. Corrupt 
officials reportedly were rarely punished. In theory the Government's 
National Audit Committee has responsibility for uncovering corruption 
in all government ministries, including the MoPS, but in practice its 
investigative activities were minimal. Lower-level officials on 
occasion were arrested and punished for corruption.
    Police are trained at the National Police Academy, but the extent 
to which the academy's curriculum discusses corruption was unknown. At 
the instruction of the LPRP, the Government-controlled press rarely 
reported cases of official corruption. The MoPS' Inspection Department 
maintained complaint boxes throughout most of the country for citizens 
to deposit written complaints.
    To reduce police corruption and strengthen law enforcement, the 
Government cooperated with international organizations to develop a 
national strategy to deal with increasing drug trafficking and abuse as 
well as related crime and corruption.

    Arrest and Detention.--Police and military forces have powers of 
arrest, although normally only police carried out these powers. Police 
agents exercised wide latitude in making arrests, relying on exceptions 
to the requirement that warrants are necessary except to apprehend 
persons in the act of committing crimes or in urgent cases. Police 
reportedly sometimes used arrest as a means to intimidate persons or 
extract bribes. There were reports that military forces occasionally 
arrested or detained persons suspected of insurgent activities.
    There is a one-year statutory limit for detention without trial. 
The length of detention without a pretrial hearing or formal charges is 
also limited to one year. The Office of the Prosecutor General (OPG) 
reportedly made efforts to ensure that all prisoners were brought to 
trial within the one-year limit, but the limit sometimes was ignored. 
The OPG must authorize police to hold a suspect pending investigation. 
Authorization is given in three-month increments, and a suspect must be 
released after a maximum of one year if police do not have sufficient 
evidence to bring charges. There is a bail system, but its 
implementation was arbitrary. Prisoner access to family members and a 
lawyer was not assured. Incommunicado detention was a problem; however, 
it was used less frequently than in the past.
    Authorities sometimes continued to detain prisoners after they had 
completed their sentences, particularly in cases where prisoners were 
unable to pay court fines. In other cases prisoners were released 
contingent upon their agreement to pay fines at a later date. There 
were no reports that police administratively overruled court decisions 
by detaining exonerated individuals.
    Nine persons, all male heads of family from Vientiane Province and 
detained in mid-2007 on unknown charges, remained in Thong Harb Prison 
at year's end.

    e. Denial of Fair Public Trial.--The law provides for the 
independence of the judiciary. In past years senior government and 
party officials influenced the courts, although no such cases were 
reported during the year. Impunity and corruption were problems. 
Reportedly, some judges could be bribed. The NA may remove judges from 
office for ``impropriety,'' but no judge was removed during the year.
    The people's courts have four levels: District Courts, municipal 
and provincial courts, a court of appeals, and the Supreme People's 
Court (SPC). There is also a commercial court, family court, military 
court, and juvenile court. Decisions of the lower courts are subject to 
review by the Supreme Court, but military court decisions are not. 
There are instances in which civilians may be tried in military courts, 
but there were no reports of such trials during the year.
    In July the SPC president informed the mid-year NA session that 19 
new District Courts had been established during the year, bringing the 
total to 103; 37 districts in the country remained without courts. An 
NA legal specialist told the same session, which was reviewing a 
proposed amendment on the implementation of court verdicts, that the 
courts remained underfunded and understaffed.

    Trial Procedures.--Juries are not used. Trials that involve certain 
criminal laws relating to national security, state secrets, children 
under the age of 16, or certain types of family law are closed. The law 
provides for open trials in which defendants have the right to defend 
themselves with the assistance of a lawyer or other persons. Defense 
attorneys are provided at government expense only in cases involving 
children, cases for which there is the possibility of life imprisonment 
or the death penalty, and cases that are considered particularly 
complicated, such as those involving foreigners. The law requires that 
authorities inform persons of their rights and states that defendants 
may have anyone assist them in preparing written cases and accompany 
them at their trials; however, only the defendant may present oral 
arguments at a criminal trial. Defendants are permitted to question 
witnesses and can present witnesses and evidence on their own behalf.
    Court litigants may select members of the Lao Bar Association to 
represent them at trials. The association is nominally independent but 
receives some direction from the Ministry of Justice. For several 
reasons, including the general perception that attorneys cannot affect 
court decisions, most defendants did not choose to have attorneys or 
trained representatives. In October the Lao Bar Association opened two 
satellite offices in the provinces of Champasak and Oudomsay and began 
to provide legal services to citizens in need.
    Under the law defendants enjoy a presumption of innocence; however, 
in practice judges usually decided guilt or innocence in advance, 
basing their decisions on the result of police or the prosecutor's 
investigation reports. Most trials, including criminal trials, were 
little more than pro forma examinations of the accused and review of 
the evidence. Defendants have the right of appeal.
    All of the country's judges were LPRP members. Most had only basic 
legal training, and many provincial and District Courts had few or no 
reference materials available for guidance. The NA's Legal Affairs 
Committee occasionally reviewed Supreme Court decisions for 
``accuracy'' and returned cases to the court or the OPG for review when 
the committee believed decisions were reached improperly.

    Political Prisoners and Detainees.--There were three well-known 
political prisoners. Colonel Sing Chanthakoumane, an official of the 
pre--1975 government, was serving a life sentence after a 1990 trial 
that was not conducted according to international standards. Sing 
reportedly was very ill, but the Government ignored numerous requests 
to release him on humanitarian grounds. At least two persons, 
Thongpaseuth Keuakoun and Seng-aloun Phengboun, arrested in 1999 for 
attempting to organize a prodemocracy demonstration, continued to serve 
10-year sentences for antigovernment activities.
    According to former prisoners, authorities detained a small but 
unknown number of persons, particularly members of the Hmong ethnic 
group suspected of insurgent activities, for allegedly violating 
criminal laws concerning national security. According to credible 
reports, other persons were arrested, tried, and convicted under laws 
relating to national security that prevent public court trials, but 
there was no reliable method to ascertain their total number.

    Civil Judicial Procedures and Remedies.--The law provides for 
independence of the judiciary in civil matters; however, enforcement of 
court orders remained a problem. If civil or political rights are 
violated, one may seek judicial remedy in a criminal court or pursue an 
administrative remedy from the NA under the Law on Public Complaints. 
In regard to social and cultural rights, one may seek remedy in a civil 
court.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law generally protects privacy, including that of 
mail, telephone, and electronic correspondence, but the Government 
reportedly violated these legal protections when there was a perceived 
security threat.
    The law prohibits unlawful searches and seizures. By law police 
must obtain search authorization from a prosecutor or a panel of 
judges, but in practice police did not always obtain prior approval, 
especially in rural areas. Security laws allow the Government to 
monitor individuals' movements and private communications, including 
via cellular telephones and e-mail.
    The MoPS regularly monitored citizens' activities through a 
surveillance network that included a secret police element. A militia 
in urban and rural areas, operating under the aegis of the armed 
forces, shared responsibility for maintaining public order, reporting 
``undesirable elements'' to police, and providing security against 
insurgents in remote rural areas. Members of the LPRP's front 
organizations, including the Lao Women's Union (LWU), the Youth Union, 
and the Lao Front for National Construction (LFNC), also played a role 
in monitoring the citizenry at all levels of society.
    The Government continued its program to relocate highland slash-
and-burn farmers, most of whom belonged to ethnic minority groups, to 
lowland areas in keeping with its plan to end opium production and 
slash-and-burn agriculture. In some areas district and provincial 
officials used persuasion to convince villagers to move to relocation 
areas. In other areas villagers relocated spontaneously to be closer to 
roads, markets, and government services. There also were reports of 
force being used in some instances. Although the Government's 
resettlement plan called for compensating farmers for lost land and 
providing 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 allotted to relocated villagers was of poor quality and 
unsuited for intensive rice farming. The result was that some relocated 
villagers experienced increased poverty, hunger, malnourishment, 
susceptibility to disease, and 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.
    The Government allowed citizens to marry foreigners only with prior 
approval. Premarital cohabitation is illegal. The Government routinely 
granted permission to marry, but the process was lengthy and burdensome 
and offered officials the opportunity to solicit bribes. The Government 
may annul marriages to foreigners undertaken without government 
approval, with both parties subject to arrest and fines.
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 the Government severely 
restricted political speech and writing. The Government also prohibited 
most public criticism that it deemed harmful to its reputation. The law 
forbids slandering the state, distorting party or state policies, 
inciting disorder, or propagating information or opinions that weaken 
the state.
    The state owned and controlled most domestic print and electronic 
media. Local news in all media reflected government policy. Although 
domestic television and radio broadcasts were closely controlled, the 
Government made no effort to interfere with broadcasts from abroad. 
Many citizens routinely watched Thai television or listened to Thai 
radio, including news broadcasts from international news sources. 
Citizens had 24-hour access to international stations via satellite and 
cable television. The Government required registration of receiving 
satellite dishes and payment of a one-time licensing fee, largely as a 
revenue-generating measure, but otherwise made no effort to restrict 
their use.
    The Government permitted the publication of several privately owned 
periodicals of a nonpolitical nature, including periodicals 
specializing in business, society, and trade topics. While government 
officials did not review in advance all articles in these periodicals, 
they reviewed them after publication and could impose penalties on 
periodicals that carried articles that did not meet government 
approval. A few Asian and Western newspapers and magazines were 
available through private outlets that had government permission to 
sell them.
    Foreign journalists were required to apply for special visas and 
were restricted in their activities. Authorities did not allow 
journalists free access to information sources, but journalists often 
were allowed to travel without official escorts. When escorts were 
required, journalists reportedly had to pay for the escort services.
    Authorities prohibited the dissemination of materials deemed 
indecent, subversive of ``national culture,'' or politically sensitive. 
Any person found guilty of importing a publication considered offensive 
to the national culture faced a fine or imprisonment for up to one 
year.

    Internet Freedom.--The Government controlled all domestic Internet 
servers and retained the ability to block access to Internet sites that 
were deemed pornographic or critical of government institutions and 
policies. The Lao National Internet Committee, under the umbrella of 
the prime minister's office, administered the Internet system.
    The Government sporadically monitored Internet usage.
    The prime minister's office required all Internet service providers 
to submit quarterly reports and link their gateways to facilitate 
monitoring, but the Government's ability to enforce such regulations 
appeared to be limited. The Government regularly blocked some Web 
sites, operated mostly by Hmong groups abroad. However, the Government 
did not block any major foreign news sources, nor did it have the 
capability to monitor Web logging (blogging) activity or the 
establishment of new Web sites. Fearful of monitoring by the 
authorities, many citizens used the Internet services of a growing 
number of Internet cafes rather than personal computers for private 
correspondence. Citizen users are required to register with the 
authorities, which may have caused some to self-censor their Internet 
behavior.

    Academic Freedom and Cultural Events.--The law provides for 
academic freedom, but in practice the Government imposed restrictions. 
The Ministry of Education tightly controlled curriculums in schools, 
including private schools and colleges.
    Both citizen and noncitizen academic professionals conducting 
research in the country may be subject to restrictions on travel, 
access to information, and publication. The Government exercised 
control, via requirements for exit stamps and other mechanisms, over 
the ability of state-employed academic professionals to travel for 
research or obtain study grants, but it actively sought such 
opportunities worldwide and approved virtually all such proposals.
    The Government required films and music recordings produced in 
government studios to be submitted for official censorship; however, 
uncensored foreign films and music were available in video and compact 
disc format. The Ministry of Information and Culture repeatedly 
attempted to impose restrictions aimed at limiting the influence of 
Thai culture in Lao music and entertainment, but these restrictions 
were widely ignored and appeared to have little effect.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government restricted this right in practice. The law prohibits 
participation in demonstrations, protest marches, or other acts that 
cause ``turmoil or social instability.'' Participation in such acts is 
punishable by prison terms of one to five years.

    Freedom of Association.--The law provides citizens the right to 
organize and join associations, but the Government restricted this 
right in practice. The Government registered and controlled all 
associations and their activities. Political groups other than popular 
front organizations approved by the LPRP are forbidden. Although the 
Government restricted many types of formal professional and social 
associations, informal nonpolitical groups met without hindrance. The 
Government permitted the creation of some associations of a business 
nature. The Government also permitted the establishment of nonprofit 
organizations designed to promote science and agriculture. The prime 
minister's office monitored the small but growing number of 
organizations that have registered to conduct activities in these 
areas.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion and notes that the state ``mobilizes and encourages'' Buddhist 
monks and novices as well as priests of other religions to participate 
in activities ``beneficial to the nation and the people.'' In most 
areas officials generally respected the rights of members of most 
religious groups to worship, albeit within strict constraints imposed 
by the Government. The constitution prohibits ``all acts of creating 
division of religion or creating division among the people.'' The LPRP 
and the Government used this to justify restrictions on religious 
practice by all religious groups, including the Buddhist majority and 
animists. Official pronouncements acknowledged the positive benefits of 
religion, but they also emphasized its potential to divide, distract, 
or destabilize.
    Although the state was secular, the LPRP and the Government 
supported Theravada Buddhism, which was followed by more than 40 
percent of the population. The Government provided support for and 
oversight of temples and other facilities and promoted Buddhist 
practices, giving Buddhism an elevated status among the country's 
religions.
    The Government officially recognizes four religions: Buddhism, 
Christianity, Islam, and the Baha'i Faith. Recognized Christian groups 
included the Catholic Church, the Lao Evangelical Church (LEC), and the 
Seventh-day Adventist Church. The LFNC refused to recognize 
congregations, such as the Methodists, that operated independently.
    Decree 92 on Religious Practice defines rules for religious 
practice and institutionalizes the Government as the final arbiter of 
permissible religious activities. The LFNC is responsible for oversight 
of religious practice. The majority of provincial, district, and local 
officials reportedly lacked full understanding of the decree. 
Authorities, particularly at the local level in some provinces, used 
its many conditions to restrict some aspects of religious practice.
    Many minority religious leaders complained that Decree 92, which is 
intended among other things to permit activities such as proselytizing 
and printing religious material, was too restrictive in practice. They 
maintained that the requirement to obtain permission, sometimes from 
several different offices, for a broad range of activities greatly 
limited their freedom.
    The LFNC often sought to intervene with local governments in cases 
where minority religious practitioners, particularly Christians, had 
been harassed or mistreated. The LFNC reportedly was growing more 
proactive about solving problems by educating persons to respect the 
law as well as by training local officials to respect religious 
believers and to better understand Decree 92.
    The Government's tolerance of religion, particularly Christianity, 
varied by region. In most parts of the country, members of long-
established congregations had few problems practicing their faith. 
Authorities in some areas sometimes advised new congregations to join 
the LEC, despite clear differences between the groups' beliefs. 
However, in other areas authorities allowed congregations not 
affiliated with the LEC or Seventh-day Adventists to continue their 
worship unhindered. Authorities in some provinces used threats of 
arrest as a means of intimidating local religious communities.
    Authorities in some parts of the country continued to be suspicious 
of non--Buddhist religious communities and displayed intolerance for 
minority religious practice, particularly Protestant groups, whether or 
not they were officially recognized. Some local authorities, apparently 
at times with encouragement from government or LPRP officials, singled 
out Protestant groups as targets of abuse or pressure to renounce their 
faith.
    In July police authorities of Ad--Sapangthong District of 
Savannakhet Province reportedly interfered with worship by Christians 
in the village of Boukham and detained a pastor and four church members 
for two days; during this period they were reportedly held in foot 
stocks. The pastor was detained again in August along with two other 
church members; they were released in October. Reportedly 55 Christians 
were expelled from the village during this period. A senior MoPS 
official explained that the pastor had moved to Boukham in 2005 but had 
failed to apply to change his household registration within six months 
as required; there was no confirmation of or explanation for the 
reported expulsion of church members by the MoPS official.
    During July in Katan village, in Ta--Oy District, Salavan Province, 
a local Christian man reportedly died after local authorities forced 
him to drink alcohol; his relatives were reportedly fined after 
conducting a Christian burial service. A few days later local 
authorities reportedly detained 80 Christians from 17 families and 
forced them, apparently including by withholding food, to publicly 
renounce their faith. In September provincial and district authorities 
reportedly held a meeting in the village at the request of the central 
government in response to international inquiries about the situation. 
A senior government official stated that an investigation showed that 
the death was due to alcoholism and that the burial dispute arose from 
misunderstanding between Christian and non--Christian factions in the 
village. The official added that no individuals were forced to renounce 
their faith, although some may have done so voluntarily. However, 
according to later reports, some village residents wanted to redeclare 
their faith, but authorities refused to grant permission for them to do 
so.
    Also in July more than 500 Christians in villages in several 
villages, including Huay An in Jomphet District of Luang Prabang 
Province, reportedly came under pressure to deny their faith. They were 
said to have been forced to turn in Bibles and hymnals that were then 
burned. However, according to one nongovernment source, no one was 
arrested and none had renounced their religion.
    There were also reports of incidents in four other provinces in 
July. These included two Christian leaders arrested in Khongnoy village 
in Vieng Phukha District and another person arrested in Sing District, 
all in Luang Namtha Province. In addition there was a report that local 
officials pressed families in Attapeu Province to give up Christianity, 
although a visit by a provincial LFNC official was described as having 
resolved that situation. Officials reportedly put two persons in prison 
in Phongsali Province's Samphan City in an effort to force believers to 
renounce their faith. Other Christians were said to have been pressured 
to renounce their beliefs in Houaphan Province's Muang Aet District. In 
November seven families in Nam Reng village in Oudomsai Province were 
also pressured to renounce their faith; the six families refusing to 
sign a renunciation document were reportedly ordered out of the 
village. At year's end no further information was available.
    In August officials of Burikan District in Borikhamxay Province 
reportedly banned approximately 150 members from gathering at a home in 
the village for worship services, declaring that services could be held 
only in a church building. Earlier in the year, officials reportedly 
destroyed the group's church in Toongpankham village. The church had 
apparently been built with local permission, although it may not have 
received provincial approval.
    In November six members of a group of eight Khmu pastors were 
released from detention; each was ordered to pay three million kip 
(approximately $350) in detention costs. The eight pastors were 
arrested in March while attempting to cross the border from Bokeo 
Province into Thailand. An earlier group of Khmu pastors reportedly had 
crossed without incident. However, there was no indication that the 
latter group was trying to cross the border legally. Their situation 
was complicated when authorities found they were carrying documents 
critical of religious persecution in Laos. At year's end the other two 
pastors reportedly remained in the Oudomsai provincial prison.
    Local officials in some parts of the country threatened to withhold 
government identification cards and household registration documents as 
well as deny educational benefits to those who did not give up their 
religious beliefs. In addition the most common problem faced by 
Christian communities was the inability to obtain permission to build 
new churches, even though group worship in homes is considered illegal 
by local authorities in many areas. Religious organization 
representatives pointed out that the building permit process begins at 
the local level and then requires provincial permission, and they 
claimed the multiple layers of permission necessary were being used, 
beginning with local officials, to block the construction of new 
churches. However, in December observers found encouraging the ability 
of the central LEC leadership to undertake training programs for 
provincial religious leaders and provincial government officials in 
Oudomsai and Luang Prabang provinces with support from both provincial 
governments.
    The Government strictly prohibited foreigners from proselytizing, 
but it permitted foreign NGOs with religious affiliations to operate in 
the country. Foreigners who distributed religious material were subject 
to arrest or deportation. Although Decree 92 permits proselytizing by 
religious practitioners provided they obtain permission for such 
activities from the LFNC, the authorities did not grant such 
permission, and persons found evangelizing risked harassment or arrest.
    The Government did not allow the printing of Bibles, and special 
permission was required to import Bibles for distribution.

    Societal Abuses and Discrimination.--For the most part, the various 
religious communities coexisted amicably. There was no known Jewish 
community in the country, and there were no reports of anti--Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, but in practice the Government imposed some restrictions. 
The Government did not cooperate with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern. However, in December the Government invited a 
UNHCR representative to visit Lao Hmong returned from Thailand living 
in a resettlement village.
    Citizens who travel across provincial borders are not required to 
report to authorities; however, in designated security zones officials 
occasionally set up roadblocks and checked travelers' identity cards. 
Citizens who sought to travel to contiguous areas of neighboring 
countries could do so with travel permits generally easily obtained 
from district offices. Those wishing to travel farther abroad were 
required to apply for passports; however, officials at the local level 
sometimes denied persons permission to apply for passports.
    Authorities restricted access by foreigners to certain areas where 
antigovernment insurgents continued to operate.
    The Government did not use forced exile; however, it denied the 
right of return to persons who fled the country during the 1975 change 
in government and were tried in absentia for antigovernment activities.

    Protection of Refugees.--The country is not a signatory to the 1951 
UN Convention relating to the Status of Refugees or its 1967 protocol, 
but the law provides for asylum and the protection of stateless 
persons. In practice the Government did not provide protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government did not routinely grant 
refugee or asylum status; however, it showed some flexibility in 
dealing pragmatically with individual asylum cases.
    The Government continued to refuse the request from the UNHCR to 
reestablish a presence in the country to monitor the reintegration of 
former refugees who returned under the UNHCR resettlement program. The 
Government stated that the UNHCR's mandate expired in 2001 and all 
former refugees had been successfully reintegrated. However, there were 
estimates that since 2005 more than 2,000 Hmong had surrendered, mainly 
in the provinces of Xieng Khouang, Bolikhamsai, and Vientiane (part of 
which composed the former military-administered Saisomboun Special 
Zone).
    During the year the Government accepted the repatriation of an 
estimated 1,900 Lao Hmong from Thailand from a group of approximately 
7,800 confined to a camp by Thai authorities. Thai and Lao authorities 
considered these Hmong to be illegal migrants. The international 
community was concerned that there was no internationally accepted 
process for determining whether any of the Hmong in the camp could 
establish a well-founded fear of persecution and seek status as an 
international person of concern. Although Lao and Thai authorities 
stated that the returns were voluntary, the absence of a process to 
verify these claims also raised concerns. More than 5,000 Lao Hmong 
remained in the camp in Thailand at year's end.
    The Government's policy both for Hmong surrendering internally and 
for those being returned from Thailand was to return them to their 
communities of origin whenever possible. Several hundred persons 
without strong community links were relocated in government settlements 
such as Pha Lak in Vientiane Province.
    In October an international NGO raised questions about the 
whereabouts of five Lao Hmong who had been returned from Thailand after 
reportedly helping lead a June protest at the Thai detention camp. They 
were reportedly detained for several months after being returned. Late 
in the year, government officials stated that all five were living in 
Lao communities. Foreign diplomats met two of the five during a 
December visit to Pha Lak.
    The Government at times permitted limited access by international 
organizations and NGOs to provide food and other material assistance to 
former insurgents who had accepted government resettlement offers.
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 constitution outlines a system composed of executive, legislative, 
and judicial branches, the LPRP controlled governance and the 
leadership at all levels through its constitutionally designated 
``leading role.''

    Elections and Political Participation.--The law provides for a 
representative national assembly, elected every five years in open, 
multiple-candidate, fairly tabulated elections, with voting by secret 
ballot and universal adult suffrage. However, the constitution 
legitimizes only the LPRP; all other political parties are outlawed. 
Election committees, appointed by the NA, must approve all candidates 
for local and national elections. Candidates do not need to be LPRP 
members, but in practice almost all were. The most recent NA election, 
held in April 2006, was conducted under this system.
    The NA chooses members of the Standing Committee, generally based 
on the previous Standing Committee's recommendations. Upon this 
committee's recommendation, the NA elects or removes the president and 
vice president. The Standing Committee has the mandate to supervise all 
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 NA, upon the president's recommendation, elects the prime 
minister and other ministers of the Government.
    There were 29 women in the 115-seat NA, including two on the nine-
member Standing Committee. The 55-seat LPRP Central Committee included 
four women, one of whom was also a member of the 11-member Politburo. 
Of 12 ministers in the Prime Minister's Office, two were women-one 
headed the Water Resources and Environment Administration and the other 
chaired the Public Administration and Civil Service Authority. The 
minister of labor and social welfare also was a woman.
    There were seven members of ethnic minorities in the LPRP Central 
Committee, including two in the Politburo. The NA included 23 members 
of ethnic minorities, while three of the 28 cabinet ministers were 
members of ethnic minority groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and there was a widespread public 
perception that many officials within the executive and judicial 
branches of the Government were corrupt. Wages of all government 
officials were extremely low, and many officials, such as police 
members, had broad powers that they could easily abuse.
    A senior state inspector told the NA in July that central and 
provincial inspection organizations responsible for enforcing laws 
against corruption lacked defined roles and sufficient powers as well 
as sufficient funding, equipment, and legal support from the 
Government. The inspector cited corruption in many sectors but 
complained that employers ignored inspection reports and failed to 
punish corrupt officials in their organizations. In May the Governance 
and Public Administration program funded the printing of 4,000 
anticorruption books and 8,000 copies of the State Inspection Law for 
distribution to all state organizations, ministries, and local 
authorities.
    Prior to taking their designated positions, senior officials are 
required by party policy to disclose their personal assets to the 
LPRP's Party Inspection Committee. The committee inspects the 
officials' assets before and after the officials have been in their 
positions. However, the LPRP used its control of government authorities 
and media to block public censure of corrupt officials who were party 
members.
    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, deeming such 
secrecy necessary for ``national security.''
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no domestic human rights NGOs, nor is there a formal 
procedure for registering such groups.
    The Government only sporadically responded in writing to requests 
for information on the human rights situation from international human 
rights organizations. However, the Government maintained human rights 
dialogues with several foreign governments and continued to receive 
training in UN human rights conventions from several international 
donors.
    The Government maintained contacts and cooperated with the ICRC in 
various activities for the implementation of international humanitarian 
law.
    A human rights division in the Ministry of Foreign Affairs has 
responsibility for investigating allegations of human rights 
violations. However, in practice the division apparently had no 
authority to perform or order other ministries to undertake 
investigations. The ministry on occasion responded to inquiries from 
the UN regarding its human rights situation.
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 citizens may bring 
charges of discrimination against individuals or organizations was 
neither well developed nor widely understood among the general 
population.

    Women.--Rape reportedly was rare. The law criminalizes rape, with 
punishment set at three to five years' imprisonment. Sentences are 
significantly longer and may include capital punishment if the victim 
is under 18 or is seriously injured or killed. In rape cases that were 
tried in court, defendants generally were convicted with sentences 
ranging from three years' imprisonment to execution.
    Spousal abuse is illegal. There were reports that domestic violence 
against women occurred, but such violence did not appear to be 
widespread. Penalties for domestic abuse, including battery, torture, 
rape, and detaining persons against their will, may include both fines 
and imprisonment. There was no evidence of police or judicial 
reluctance to act on domestic abuse cases.
    Prostitution is illegal, with penalties ranging from three months 
to one year in prison. However, in practice antiprostitution laws 
generally were not enforced, and in some cases officials reportedly 
were involved in the trade. Trafficking in women and girls for 
prostitution was a problem.
    Sexual harassment was rarely reported, and the actual extent was 
difficult to assess. Although sexual harassment is not illegal, 
``indecent sexual behavior'' toward another person is illegal and 
punishable by six months to three years in prison.
    The law provides for equal rights for women, and the LWU operated 
nationally to promote the position of women in society. The law 
prohibits legal discrimination in marriage and inheritance. 
Discrimination against women did not appear common; 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.

    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 remained inadequate, and 
the country had a very high rate of infant and child mortality.
    Education is compulsory, free, and universal through the fifth 
grade; however, high fees for books and supplies and a general shortage 
of teachers in rural areas prevented many children from attending 
school. There were significant differences among the various ethnic 
groups in the educational opportunities offered to boys and girls. 
Although the Government's policy is to inform ethnic groups on the 
benefits of education for all children, some ethnic groups did not 
consider education for girls either necessary or beneficial. While 
figures were not reliable, literacy rates for girls were approximately 
10 percent lower than for boys in general.
    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. Other forms of child labor generally were confined to family 
farms and family enterprises.
    A general increase in tourism in the country and a concomitant 
probable rise in child sex tourism in the Southeast Asia region 
beginning in 2007 attracted the attention of authorities, who sought to 
prevent child sex tourism from taking root. Despite the downturn in 
tourism beginning in the year, the Government continued efforts to 
reduce demand for commercial sex through periodic raids of nightclubs 
and discos and through training workshops designed to educate private 
sector tourism companies on how to avoid and prevent sex tourism. The 
Government and NGOs hosted several seminars to train tourism-sector 
employees, including taxi drivers, on how to report suspicious 
behavior. Tourism police received training to combat sex tourism and 
identify potential victims. Many major international hotels in 
Vientiane and Luang Prabang displayed posters created by international 
NGOs warning against child sex tourism.

    Trafficking in Persons.--The law prohibits abduction and trade in 
persons, detaining persons against their will, procuring persons for 
commercial sex, and prostitution. The law also prohibits all forms of 
trafficking and prescribes penalties that are commensurate with those 
prescribed for rape. There were reports that persons, particularly 
women and girls, were trafficked to, from, through, or within the 
country.
    The country was primarily a country of origin for trafficking in 
persons, including girls ages 13 to 16 for forced labor and 
prostitution, and, to a much lesser extent, a country of transit. The 
primary destination country was Thailand. There was almost no effective 
border control. The Thai Ministry of Labor estimated that at least 
250,000 Lao workers were employed in Thailand, of whom at least 80,000 
were unregistered. An unknown number of these persons were trafficked, 
although one study indicated that two-thirds of the Lao citizens in 
Thailand identified as trafficking victims were trafficked after 
crossing the border. The small number of victims trafficked within Laos 
were primarily from the northern provinces, such as Houaphan and Xieng 
Khouang, and were trafficked for sexual exploitation or factory work. 
According to one study, a very small number of female citizens also 
were trafficked to China to become brides for Chinese men.
    Most trafficking victims were lowland Lao, but small and increasing 
numbers of minority women also were victimized by traffickers. Minority 
groups were particularly vulnerable because they did not have the 
cultural familiarity or linguistic proximity to Thai that Lao-speaking 
workers could use to protect themselves from exploitative situations in 
Thailand. A much smaller number of trafficked foreign citizens, 
especially Burmese and Vietnamese, transited through the country.
    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, and their 
services usually ended once their charges reached Thailand, where the 
victims were exploited by better-organized trafficking groups.
    As of August there were 53 ongoing investigations into human 
trafficking, several of which involved multiple perpetrators. Ministry 
of Public Security officials reported one conviction in November 2007 
for human trafficking under the trafficking provision of the criminal 
code and four convictions during the year from Vientiane Municipality 
and the provinces of Champassak and Vientiane. Sentences ranged from 
one to 15 years' confinement and severe fines. Lao law enforcement 
officers participated in joint investigations with their Thai 
counterparts from northeast Thailand and worked with Vietnamese law 
enforcement on the new transport routes through the south-central part 
of the country on trafficking cases. In at least one case, Vietnamese 
victims were rescued by Lao authorities along the Route 9 corridor, 
given initial social services by a local victims' assistance NGO after 
a referral by Lao law enforcement authorities, and returned to Vietnam.
    Corruption remained a problem, with government officials 
susceptible to involvement or collusion in trafficking. Anecdotal 
evidence suggested that local officials knew of trafficking activities, 
and some may have profited from them. However, no government or law 
enforcement officials were disciplined or punished for involvement in 
trafficking in persons.
    The Government demonstrated progress in improving protection for 
victims of trafficking during the year. The Ministry of Labor and 
Social Welfare (MLSW) and the Immigration Department cooperated with 
the International Organization for Migrations, the UN Inter--Agency 
Project on Human Trafficking in the Greater Mekong Sub-region, and a 
local NGO to provide assistance to victims. The MLSW continued to 
operate a small transit center in Vientiane. Victims not wanting to 
return home were referred to a long-term shelter operated by the LWU or 
to a local NGO. The Government provided medical services, counseling, 
vocational training, and employment services for victims in its transit 
shelter in Vientiane and at the LWU shelter. The MLSW had a unit 
devoted to children with special needs, including protection of 
trafficking victims and prevention of trafficking. The MLSW also 
maintained two small-scale repatriation assistance centers for returned 
victims of trafficking, but their effectiveness was limited by a small 
budget, inadequate international assistance, and a lack of trained 
personnel.
    The MLSW transit centers assisted victims who were formally 
identified as trafficking victims at shelters in Thailand and then 
repatriated and assisted under special regulations for victims of human 
trafficking. The LWU centers also served victims of domestic violence.
    The MLSW, in addition to its departments operating in the 
provinces, worked with NGOs to provide additional assistance to victims 
of trafficking and domestic violence. The MLSW referred cases from 
immigration authorities and the MLSW transit shelter in Vientiane to 
NGOs for longer--term shelter and follow-up on cases where the victims 
were returned home. For example, the NGO Assistance for Women in 
Distressing Situations (AFESIP) maintained a shelter in Vientiane 
Municipality to aid victims of human trafficking and sexual 
exploitation, particularly those in need of long-term counseling and 
assistance. Victims at the AFESIP shelter were usually referred by the 
MLSW short-term shelter or sought assistance from AFESIP directly. 
AFESIP also monitored reintegration of victims who returned directly to 
their communities or participated in vocational training at other 
locations, often at the request of the MLSW, which did not generally 
have the staff necessary for trips to remote areas. In October AFESIP 
and the MLSW completed construction of a second shelter in Savannakhet 
Province. The NGO Village Focus International opened another shelter 
for victims in Pakse.
    With support from the UN Children's Fund (UNICEF), the National 
Commission for Mothers and Children continued an active program of 
support for victims. Through legal aid clinics, the Lao Bar 
Association, under the umbrella of the Ministry of Justice, also 
assisted victims by educating the public at large on the legal system 
and by providing legal advice to victims of human rights abuses, 
including human trafficking. The LWU and the Lao Youth Union offered 
educational programs designed to inform girls and young women about 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.
    The Government took steps to educate the population on the dangers 
of trafficking, using the media and public appearances by senior 
leaders. The MLSW also worked with UNICEF to set up awareness-raising 
billboards near border checkpoints and larger cities. In September, 
with approval from the Ministry of Information and Culture, Secretariat 
against Trafficking, and the prime minister's office, the semiprivate 
television broadcaster Lao Star teamed with MTV to stage a concert 
highlighting the problem of trafficking and to repeatedly broadcast the 
concert and a documentary on human trafficking in Asia. Government 
officials showed the film again to international government 
representatives from six Mekong countries at a trafficking summit in 
Vientiane in November to further demonstrate the importance of 
combating human trafficking as they requested increased transborder 
cooperation from their neighbors.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution provides citizens 
protection against discrimination but does not specify that these 
protections apply to persons with disabilities. Regulations promulgated 
by the MLSW and the Lao National Commission for the Disabled protect 
such persons against discrimination; however, the regulations lack the 
force of law. The law does not mandate accessibility to buildings or 
government services for persons with disabilities, but the MLSW has 
established regulations regarding building access and built some 
sidewalk ramps in Vientiane.
    According to the Ministry of Justice, the Government supports the 
rights of all persons, including those with disabilities, to vote and 
participate in civic affairs.
    In May the Lao Disabled People's Association opened a new center 
for children with cerebral palsy. The center had the capacity to care 
for 20 children from ages two to 10. Parents paid 500,000 kip 
(approximately $58.40) monthly.

    National/Racial/Ethnic Minorities.--The law provides for equal 
rights for all minority citizens, and there is no legal discrimination 
against them; however, societal discrimination persisted. Moreover, 
critics charged that the Government's resettlement program for ending 
slash--and-burn agriculture and opium production 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 the traditional livelihoods and community 
structures of these minority groups. International observers questioned 
whether the benefits promoted by the Government-access to markets, 
schools, and medical care for resettled persons-outweighed the negative 
impact on traditional cultural practices. Some minority groups not 
involved in resettlement, especially those in remote locations, faced 
difficulties, believing they had little voice in government decisions 
affecting their lands and the allocation of natural resources from 
their areas.
    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 the LPRP, including one Politburo member 
and five members of the LPRP Central Committee. However, societal 
discrimination persisted against the Hmong, and some Hmong believed 
their ethnic group could not coexist with the ethnic Lao population. 
This belief fanned separatist or irredentist beliefs among some Hmong. 
The Government focused limited assistance projects in Hmong areas to 
address regional and ethnic disparities in income.
    Although there were no reports of attacks by the few remaining 
Hmong insurgent groups during the year, the Government leadership 
maintained its suspicion of Hmong political objectives. Security forces 
continued operations to isolate and defeat or force the surrender of 
the residual small scattered pockets of insurgents and their families 
in remote jungle areas.
    The Government continued to offer ``amnesty'' to insurgents who 
surrender to authorities. The Government continued to deny 
international observers permission to visit the estimated 2,000 
insurgents who have surrendered since 2005, and their status and 
welfare remained unknown at year's end. Because of their past 
activities, amnestied insurgents continued to be the focus of official 
suspicion and scrutiny.
    The Government generally refused offers from the international 
community to assist surrendered insurgents directly, but it allowed 
some aid from the UN and international agencies to reach them as part 
of larger assistance programs.

    Other Societal Abuses and Discrimination.--Within lowland Lao 
society, despite wide and growing tolerance of homosexual practices, 
societal discrimination persisted against such practices.
    There was no official discrimination against persons with HIV/AIDS, 
but social discrimination existed. The Government actively promoted 
tolerance of those with HIV/AIDS, and it conducted awareness campaigns 
to educate the population and promote understanding toward such 
persons.
Section 6. Worker Rights
    a. The Right of Association.--The law does not allow workers to 
form and join independent unions of their choice; they may form unions 
without previous authorization only if they operate within the 
framework of the officially sanctioned Federation of Lao Trade Unions 
(FLTU), which in turn is controlled by the LPRP. In addition the law 
does not permit unions to conduct their activities without government 
interference. Strikes are not prohibited by law, but the Government's 
ban on subversive activities or destabilizing demonstrations made 
strikes unlikely, and none were reported during the year.
    According to the FLTU, there were 4,610 trade unions nationwide, 
including in most government offices. These included 16 provincial 
trade unions, one municipal trade union, 36 ministerial trade unions, 
and 2,772 permanent trade unions. Total FLTU membership was 12,111, 
significantly less than 1 percent of the total workforce. Most FLTU 
members worked in the public sector.
    The Government employed the majority of salaried workers. 
Subsistence farmers made up an estimated 80 percent of the work force.

    b. The Right to Organize and Bargain Collectively.--There is no 
right to organize and bargain collectively. The law 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 MLSW. 
The law generally was not enforced by the MLSW, especially in dealings 
with joint ventures in the private sector. Labor disputes reportedly 
were infrequent. According to labor activists, the FLTU needed 
government permission to enter factories and had to provide advance 
notice of such visits, rendering it powerless to protect workers who 
filed complaints.
    The Government sets wages and salaries for government employees, 
while management sets wages and salaries for private business 
employees.
    The law stipulates that employers may not fire employees for 
conducting trade union activities, lodging complaints against employers 
about law implementation, or cooperating with officials on law 
implementation and labor disputes, and there were no reports of such 
cases. Workplace committees were used for resolving complaints, but 
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 law prohibits 
forced or compulsory labor, including by children, except in time of 
war or national disaster, and there were no reports that such practices 
occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--By 
law children under age 15 may not be recruited for employment except to 
work for their families, provided such 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, but enforcement was ineffective due to a 
lack of inspectors and other resources.

    e. Acceptable Conditions of Work.--The daily minimum wage for the 
more than 120,000 private sector workers was set at 11,154 kip ($1.30); 
the monthly minimum wage was 290,000 kip ($33.90). These minimum wages 
were insufficient to provide a decent standard of living for a worker 
and family. The minimum wage for civil servants and state enterprise 
employees was lower than the minimum wage for private-sector workers in 
the past but was raised from 200,000 to 250,000 kip ($23.40 to $29.20) 
per month in the Government's 2007-2008 budget and was increased again 
to 405,000 kip ($47.40) per month in the 2008-2009 budget, which was in 
force at year's end. In addition to their minimum wage, civil servants 
often received other government benefits and housing subsidies. Some 
piecework employees, especially on construction sites, earned less than 
the minimum wage.
    The law provides for a workweek limited to 48 hours (36 hours for 
employment in dangerous activities) and at least one day of rest per 
week. Overtime may not exceed 30 hours per month, and each period of 
overtime may not exceed three hours. The overtime pay rate varies from 
150 percent to 300 percent of normal pay. The overtime law was not 
effectively enforced.
    The law provides for safe working conditions and higher 
compensation for dangerous work. In case of death or injury on the job, 
employers are responsible for compensating a worker or the worker's 
family. This requirement was generally fulfilled by employers in the 
formal economic sector. The law also mandates extensive employer 
responsibility for those disabled while at work, and this provision 
appeared to be enforced effectively. The MLSW is responsible for 
workplace inspections. Officials undertake unannounced inspections when 
notified that a workplace has violated safe working standards. However, 
the MLSW lacked the personnel and budgetary resources to enforce the 
law effectively. The law 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.

                               __________

                                MALAYSIA

    Malaysia is a federal constitutional monarchy with a population of 
approximately 26.9 million. It has a parliamentary system of government 
headed by a prime minister selected through periodic, multiparty 
elections. The United Malays National Organization (UMNO), together 
with a coalition of political parties currently known as the National 
Front, has held power since independence in 1957. The most recent 
national elections, in March, were conducted in a generally transparent 
manner and witnessed significant opposition gains. The opposition 
complained of the ruling coalition's exploitation of the powers of 
incumbency and domination of the mainstream media. Civilian authorities 
generally maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The Government 
abridged citizens' right to change their government. Some deaths 
occurred during police apprehensions and while in police custody. 
Reported abuses by members of the People's Volunteer Corps (RELA) 
included rape, beatings, extortion, theft, pilfering homes, destroying 
UN High Commissioners for Refugees (UNHCR) and other status documents, 
and pillaging refugee settlements. Other problems included police abuse 
of detainees, overcrowded immigration detention centers, use of 
arbitrary arrest and detention using the Internal Security Act (ISA) 
and three other statutes that allow detention without trial, and 
persistent questions about the impartiality and independence of the 
judiciary. The Government arrested a prominent opposition leader on 
politically motivated charges of consensual sodomy. The Government also 
arrested other opposition leaders, journalists, and Internet bloggers 
apparently for political reasons. The Government continued to detain 
without trial five leaders of an ethnic Indian civil rights group. The 
civil courts continued to allow the Shari'a (Islamic law) courts to 
exercise jurisdiction in cases involving families that included non--
Muslims. The Government continued to restrict freedom of press, 
association, assembly, speech, and religion. Trafficking in persons 
remained a problem. There were credible allegations of immigration 
officials' involvement in the trafficking of Burmese refugees. 
Longstanding government policies gave preferences to ethnic Malays in 
many areas. Some employers exploited through forced labor migrant 
workers and ethnic Indian--Malaysians. Some child labor occurred in 
plantations.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
local media reported that police killed 82 persons while apprehending 
them, up from 16 such killings in 2007. Local nongovernmental 
organizations (NGOs) also reported that seven persons died in police 
custody, down from 11 such deaths in 2007.
    The trial of police chief inspector Azilah Hadri and police 
corporal Sirul Azhar Umar for the 2006 murder of Altantuya Shaaribu 
remained ongoing at year's end. On October 31, the court acquitted 
political analyst Razak Baginda of abetting her murder.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--No law specifically prohibits torture; however, laws that 
prohibit ``committing grievous hurt'' encompass torture. There were 
some allegations of torture by RELA and immigration officials in 
immigration detention centers (IDC), which continued to be administered 
by the Immigration Department and supplemented by RELA.
    On April 20, following the beating of a Pakistani detainee by 
immigration officials at Lenggeng IDC, the other detainees requested to 
speak with the camp commandant regarding alleged abuses. When the 
promised meeting did not occur, the detainees set fire to two 
buildings. On May 15, a Malaysian Human Rights Commission (SUHAKAM) 
commissioner confirmed he found evidence of torture at the Lenggeng IDC 
following an April visit to the facility. Witnesses alleged immigration 
officers and RELA volunteers routinely beat detainees as a form of 
punishment, including striking the soles of their feet, using 
electrical shock, burning them with cigarettes, and intimidating other 
prisoners into participating in the beatings.
    In September authorities released Sanjeev Kumar, who was detained 
under the ISA in July 2007. Local NGOs alleged that authorities 
tortured him during interrogations lasting 15 hours and denied 
sufficient medical treatment after he complained about injuries he 
allegedly sustained under torture. A SUHAKAM commissioner confirmed 
that Sanjeev Kumar, whose left arm and leg were paralyzed, did not 
receive proper medical treatment. As a result of the beatings, Sanjeev 
remained partially paralyzed and wheelchair-bound.
    On August 6, two police officers from Perak State allegedly abused 
a 10-year-old boy while questioning him for theft. The police officers 
allegedly choked him, slapped him, and melted plastic over him with the 
intent to burn his genitals. Neither the boy's parents nor a legal 
representative was present during his interrogation. Perak's police 
chief stated a police investigation into the allegations was ongoing at 
year's end.
    On July 28, authorities charged a police officer with the rape of a 
student while in the Putra Heights police station in Kuala Lumpur.
    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 law 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 laws also prescribed caning, carried out 
with a half-inch thick wooden cane that commonly caused welts and at 
times scarring. The law exempts men older than 50 and women from 
caning. Male children 10 years of age and older may be given up to 10 
strokes of a ``light cane.''

    Prison and Detention Center Conditions.--Prison overcrowding, 
concentrated in facilities near major cities, remained a serious 
problem. In July the Home Ministry reported that the prisoner 
population at the country's 29 prisons was 28 percent above capacity. 
Local and international NGOs estimated most of the country's 16 IDCs 
were at or beyond capacity, with some detainees held for a year or 
more.
    NGOs and international organizations involved with migrant workers 
and refugees made credible allegations of inadequate food, water, 
medical care, poor sanitation, and prisoner abuse in the IDCs. 
According to the home affairs minister, all detention centers had their 
own standard operating procedures that were in line with international 
quality standards. An NGO with access to the IDCs claimed that 
overcrowding, deficient sanitation, and lack of medical screening and 
treatment facilitated the spread of disease. During the year the 
Government allowed local NGOs with mobile medical clinics into the 
IDCs.
    The Government does not permit prison visits by the International 
Committee of the Red Cross. The authorities generally did not permit 
NGOs and the media to monitor prison conditions. The Government 
approved visits by SUHAKAM officials on a case-by-case basis.
    The UNHCR received access to registered refugees and asylum seekers 
detained in IDCs and prisons, but prison and IDC officials denied the 
UNHCR access to unregistered asylum seekers in detention. During the 
year the UNHCR staff members conducted numerous visits at various 
prisons and IDCs located throughout the country to provide counseling 
and support to its persons of concern and ensure legal representation. 
By law anyone entering the country without appropriate documentation is 
considered illegal and faces mandatory imprisonment for a maximum of 
five years, a fine not to exceed RM10,000 (approximately $2,941), or 
both, and mandatory caning not to exceed six strokes.

    d. Arbitrary Arrest or Detention.--The constitution stipulates that 
no person may be incarcerated unless in accordance with the law. 
However, the law allows investigative detention to prevent a criminal 
suspect from fleeing or destroying evidence while police conduct an 
investigation. Four laws also permit preventive detention to 
incarcerate an individual suspected of criminal activity or to prevent 
a person from committing a future crime. Such laws severely restrict, 
and in some cases eliminate, access to timely legal representation and 
a fair public trial.

    Role of the Police and Security Apparatus.--The Royal Malaysia 
Police is under the command of the inspector general of police, who 
reports to the home minister. The inspector general is responsible for 
organizing and administering the police force. The Government has some 
mechanisms to investigate and punish abuse and corruption. There were 
reports that security forces acted with impunity during the year.
    Several NGOs conducted local surveys on government corruption and 
identified the police as among the country's most corrupt government 
organizations. Additional data indicated 73 percent of those surveyed 
perceived the Government's anticorruption efforts as ``ineffective or 
very ineffective.'' Reported police offenses included accepting bribes, 
theft, and rape. Punishments included suspension, dismissal, and 
demotion. Police officers are subject to trial by the civil courts. 
Police representatives reported that there were disciplinary actions 
against police officers during the year.
    The Government continued to focus police reform efforts on 
improving salaries, quarters, and general living conditions of police 
officers. However, the status of other reforms, including the formation 
of an independent police complaints and misconduct commission, remained 
pending at year's end. NGOs complained that the Government's reform 
efforts lacked transparency.
    The police training center continued to include human rights 
awareness training in its courses. SUHAKAM conducted human rights 
training for police once during the year.
    Security forces failed to prevent or respond to some incidents of 
societal violence. During the year, the police accompanied 
demonstrators and allowed them to forcibly disrupt a Bar Council forum 
on religious conversions.
    The Home Ministry relied primarily upon RELA to conduct raids and 
detain suspected illegal migrants. In November the home minister 
announced that RELA members would undergo police and military training 
to expand their capabilities and become a ``respected organization.''
    Reported abuses by RELA members included rape, beatings, extortion, 
theft, pilfering homes, destroying UNHCR and other status documents, 
and pillaging refugee settlements. In January RELA members allegedly 
looted a makeshift Burmese refugee camp, taking anything of value, 
including money, cell phones, blankets, and crafts made and sold by the 
refugees to earn money; burned the camp down; and detained 23 persons 
and took them to IDCs.
    In May RELA detained a foreign diplomat even though he presented 
his diplomatic identity card. RELA officials held him for two hours 
until the diplomat's embassy intervened and validated his credentials.
    On September 12, the High Court ordered RELA member Mohamed Tahir 
Osman to pay a women detained during a 2003 raid RM100,000 
(approximately $29,400) as damages for taking a photograph of her when 
she was forced to relieve herself in the truck used to transport the 
detainees.
    The Government did not release information on how it investigated 
complaints against RELA members or how it administered disciplinary 
action.

    Arrest and Detention.--The law permits police to arrest individuals 
for some offenses without a warrant and hold suspects for 24 hours 
without charge. A magistrate may extend this initial detention period 
for up to two weeks. Although police generally observed these 
provisions, a 2005 police commission report noted that police sometimes 
released suspects and then quickly rearrested them and held them in 
investigative custody. The law allows an arrested individual the right 
to be informed of the grounds of his arrest by the police officer 
making the arrest. Police must inform detainees that they are allowed 
to contact family members and consult a lawyer of their choice.
    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, and judicial decisions generally upheld the practice. 
The commission stated that an ``arrest first, investigate later'' 
mentality pervaded some elements of the police force and recommended 
that detention procedures be reviewed to prevent abuse. On some 
occasions law enforcement agencies did not promptly allow access to 
family members.
    The law allows the detention of a person whose testimony as a 
material witness is necessary in a criminal case if that person is 
likely to flee. Bail is usually available for those accused of crimes 
not punishable by life imprisonment or death. The amount and 
availability of bail is determined at the judge's discretion. When bail 
is granted, accused persons usually must surrender their passports to 
the court.
    Crowded and understaffed courts often resulted in lengthy pretrial 
detention, sometimes lasting several years. In May the de facto law 
minister reported there were 903,000 pending civil cases in the lower 
courts and more than 91,000 cases in the high court. Other sources 
estimated there were approximately 10,000 criminal cases backlogged in 
lower courts and 900 in high court.
    On September 6, immigration officials released Rajeswari, a 
Malaysian citizen, from the Lenggeng IDC after 11 months detention. 
Immigration authorities arrested the six-month pregnant woman on 
suspicion that she was an undocumented Sri Lankan migrant when she was 
unable to present her identity card (MyKad), unable to remember her 
MyKad number, and spoke only basic Malay. Authorities allegedly refused 
to confirm her citizenship status even though she provided her address 
and the name of the elementary school she attended. The law requires 
citizens to carry their MyKad at all times.
    Four preventive detention laws permit the Government to detain 
suspects without normal judicial review or filing formal charges: the 
ISA, the Emergency (Public Order and Prevention of Crime) Ordinance, 
the Dangerous Drugs (Special Preventive Measures) Act, and the 
Restricted Residence Act.
    The ISA empowers police to arrest without a warrant and hold for up 
to 60 days any person who acts ``in a manner prejudicial to the 
national security or economic life of Malaysia.'' During the initial 60 
day detention period in special detention centers, the ISA allows for 
the denial of legal representation and does not require that the case 
be brought before a court. The home minister may authorize further 
detention for up to two years, with an unlimited number of two-year 
periods to follow. In practice the Government infrequently authorized 
ISA detention beyond two two-year terms. However, in one case, the 
Government has detained the longest-held ISA detainee for approximately 
seven years. Some of those released before the end of their detention 
period are subject to ``imposed restricted conditions.'' These 
conditions limit freedom of speech, association, and travel inside and 
outside the country.
    Even when there are no formal charges, the ISA requires that 
authorities inform detainees of the accusations against them and permit 
them to appeal to a nonjudicial advisory board for review every six 
months. However, advisory board decisions and recommendations are not 
binding on the home minister, not made public, and often not shown to 
the detainee.
    The Bar Council called for the repeal of the ISA, which does not 
allow judicial review of ISA decisions in any court, except for issues 
of compliance with procedural requirements.
    On July 16, authorities arrested political opposition leader Anwar 
Ibrahim for alleged consensual sodomy with a former aide and held Anwar 
overnight for questioning. The Bar Council and other civil society 
groups objected to the police use of intimidating tactics to arrest 
Anwar one hour before Anwar was due at the police station for 
voluntarily arranged questioning. On July 28, the police reportedly 
questioned and briefly detained a medical doctor who found no evidence 
of sodomy when examining the complainant, which the Bar Council 
described as ``very troubling.'' On August 7, prosecutors charged Anwar 
in court under the penal code for ``consensual carnal intercourse 
against the order of nature,'' which carries a potential sentence of 20 
years in jail. The court released Anwar on bail, and the case remained 
ongoing at year's end.
    Despite official affirmations that Anwar's arrest and prosecution 
were not politically based, senior government officials made repeated 
public comments prejudicial to the case. Government officials also 
highlighted the charges during a late--August by-election, which 
resulted in Anwar's election to parliament. Civil society groups, 
including human rights organizations, and international Muslim figures 
raised concerns over the political motivation of the Government's 
prosecution of Anwar; they drew parallels between Anwar's arrest during 
the year with Anwar's arrest in 1998 and subsequent conviction for 
sodomy, which was overturned on appeal in 2004.
    On September 12, police detained Raja Petra Kamaruddin, a blogger 
and critic of the ruling government, under the ISA. On September 23, 
the home minister ordered Raja Petra to be detained for two years, 
claiming that his writings posed a threat to national security by 
creating racial tension and insulting Islam. On November 7, the High 
Court ruled Raja Petra's detention was unconstitutional and the judge 
ordered his release from ISA detention. The judge ruled that the home 
minister's decisions regarding ISA detention could not be ``unfettered 
and arbitrary,'' which allowed the court to consider whether the 
minister's ISA detention order was in ``accordance with the act.'' The 
judge ruled that Raja Petra's detention was invalid because none of his 
alleged infractions fell under the scope of the ISA. The Government 
appealed the ruling, and the appeal remained pending at year's end.
    On October 17, police detained for 19 hours human rights activist 
Cheng Lee Whee, from the local NGO SUARAM. Police claimed she was 
``spreading information that could cause fear among the people'' 
against the police. Cheng alleged that police abused their power when 
they used water cannons and the Federal Reserve Unit (special riot 
police) to forcibly evict residents of the Kampung Baru Plentong Tengah 
squatter settlement. She was questioned and released on bail the 
following day after police failed to obtain a three-day remand order 
against her from the magistrate's court because of ``insufficient 
evidence.''
    The Government's appeal of the Kuala Lumpur High Court's 2007 
decision to award former ISA detainee Abdul Malek Hussin RM2.5 million 
(approximately $735,000) for his arrest and torture in 1998 remained 
pending at year's end.
    In December the home minister stated that there were approximately 
46 persons in detention under the ISA. According to a local NGO, the 46 
detainees included 29 suspected of involvement with terrorist groups, 
five ethnic Indian civil rights activists, and 12 held for 
falsification of documents or other offenses. According to SUARAM, 
authorities had not formally charged any of these detainees with a 
criminal offense.
    Under the Emergency Ordinance, the home minister may issue a 
detention order for up to two years against a person if he deems it 
necessary for the protection of public order, ``the suppression of 
violence, or the prevention of crimes involving violence.'' A local NGO 
reported that more than 1,000 individuals were detained under the 
Emergency Ordinance and other preventive measures. The authorities used 
the Emergency Ordinance on suspected organized crime figures.
    Provisions of the Dangerous Drugs Act give the Government specific 
power to detain suspected drug traffickers without trial for up to 39 
days before the home minister must issue a detention order. Once the 
Home Ministry issues the detention order, the detainee is entitled to a 
hearing before a court, which has the authority to order the detainee's 
release. Authorities may hold suspects without charge for successive 
two-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. Police frequently detained suspected narcotics 
traffickers under this act after courts acquitted them of formal 
charges. According to the National Anti--Drug Agency, the Government 
detained 805 persons under the preventive detention provisions of the 
act during the first eight months of the year, compared with 798 
persons during all of 2007.
    The Restricted Residence Act allows the home minister to place 
individuals under restricted residence away from their homes. These 
persons may not leave the residential district assigned to them, and 
they must present themselves to police on a daily basis. As under the 
ISA, authorities may renew the term of restricted residence every two 
years. The minister 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.

    e. Denial of Fair Public Trial.--Three constitutional articles 
provide the basis for an independent judiciary; however, other 
constitutional provisions, legislation restricting judicial review, and 
additional factors limited judicial independence and strengthened 
executive influence over the judiciary.
    The constitution does not directly vest judicial powers in the 
courts but rather provides that Parliament confers judicial powers. The 
constitution also confers 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 controlled and directed all criminal 
prosecutions and assumed responsibility for judicial assignments and 
transfers. Session and magistrate court judges report to the Attorney 
General's Office. The prime minister's recommendation determined senior 
judge appointments, subject to concurrence by the Council of Rulers, 
the traditional Malay rulers of nine states.
    Members of the bar, NGO representatives, and other observers 
expressed serious concern about significant limitations on judicial 
independence, citing a number of high-profile instances of arbitrary 
verdicts, selective prosecution, and preferential treatment of some 
litigants and lawyers.
    On May 9, the royal commission, which had been formed to 
investigate the 2002 videotape of a purported conversation in which a 
senior lawyer and senior judge discussed arrangements for assigning 
cases to ``friendly'' judges, released its findings and determined that 
former Prime Minister Mahathir, UMNO Secretary General Tengku Adnan, 
and former Chief Justice Eusoff Chin among others were involved in 
manipulating judicial appointments and improperly influenced the 
promotion of judges. On May 22, the attorney general announced his 
office would investigate the allegations, but there was no progress in 
the investigations at year's end.
    Sessions courts hear minor civil suits and criminal cases. High 
courts have original jurisdiction over all criminal cases involving 
serious crimes. Juvenile courts try offenders below age 18. A 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.
    Indigenous groups in the states of Sarawak and Sabah have a system 
of customary law to resolve matters such as land disputes between 
tribes. Although rarely used, penghulu (village head) courts may 
adjudicate minor civil matters.
    Shari'a laws, administered by state authorities through Islamic 
courts, bind all Muslims, most of whom are ethnic Malays. The laws and 
the degree of their enforcement varied from state to state.
    The armed forces have a separate system of courts.

    Trial Procedures.--English Common Law is the basis for the secular 
legal system. The constitution states that all persons are equal before 
the law and entitled to equal protection of the law. Trials are public, 
although judges may order restrictions on press coverage. Juries are 
not used. Defendants have the right to counsel at public expense if 
requested by an accused individual facing serious criminal charges. 
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. Defendants confronted witnesses against them and 
presented witnesses and evidence on their behalf, although judges 
sometimes disallowed witness testimony. Government-held evidence was 
not consistently made available. Attorneys are required to apply for a 
court order to obtain documents covered under the Official Secrets Act. 
Defendants are presumed innocent until proven guilty and may appeal 
court decisions to higher courts. The law limits a defendant's right to 
appeal in some circumstances. The Government stated that the limits 
expedite the hearing of cases in the upper courts, but the Bar Council 
declared that they impose excessive restrictions on appeals.
    In firearm and certain national security cases, a lower standard 
for accepting self-incriminating statements by defendants as evidence 
is in effect. Regulations also allow the authorities to hold an accused 
for an unspecified time before making formal charges.
    In criminal cases police sometimes used tactics that impaired a 
defendant's due process rights. For example, police used raids and 
document seizures to harass defendants.
    Shari'a courts do not give equal weight to the testimony of women. 
Many NGOs complained that women did not receive fair treatment from 
Shari'a courts, especially in matters of divorce and child custody.

    Political Prisoners and Detainees.--The Government continued to 
hold five political prisoners at year's end, claiming that the men were 
security threats to the country. The prisoners' families and lawyers 
had regular access to them. The Government detained an opposition 
member of Parliament (MP) for one week.
    P. Uthayakumar, M. Manoharan, R. Kenghadharan, Ganabatirau, and T. 
Vasantha Kumar, leaders of the Hindu Rights Action Front (HINDRAF), 
remained in ISA detention at year's end for organizing protests in 2007 
against the alleged marginalization of ethnic Indians. Although 
Manoharan remained in detention, in March he was elected to the 
Selangor State assembly.
    On September 12, police detained MP Teresa Kok, a senior Selangor 
State cabinet minister, and senior member of the opposition Democratic 
Action Party, under the ISA for ``causing tension and conflict among 
races.'' Police officials claimed Kok created religious tension by 
organizing a petition to lower the loudspeaker volume for the Muslim 
call of prayers (azan); made a statement that 30 percent of the 
Selangor Islamic Department's allocation for religious funding be given 
to non--Islamic religious groups; and opposed the use of Jawi, the 
Malay language written in Arabic script, on street signs. Prior to her 
arrest, the UMNO-owned Malay language newspaper, Utusan, pursued a two-
week campaign highlighting these allegations against her. She was the 
first female MP and the most senior politician since 1998 to be 
detained under the ISA. Upon her release Deputy Inspector General of 
Police Ismail Omar stated the ``police's investigations offered no 
reason to continue her detention.'' Subsequently, in October Utusan 
published a fictional article condoning the assassination of a female 
Chinese politician who supported anti--Malay policies. Teresa Kok filed 
a lawsuit against the newspaper in December, claiming the article was a 
veiled smear campaign against her that endangered her life.

    Civil Judicial Procedures and Remedies.--The structure of the civil 
judiciary mirrors that of the criminal courts. A large case backlog 
often resulted in delayed provision of court ordered relief for civil 
plaintiffs. The Government and government officials can be sued in 
court for alleged violations of human rights.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Various laws prohibit arbitrary interference with 
privacy rights; however, authorities infringed on citizens' privacy 
rights in some cases. Provisions in the security legislation allow 
police to enter and search without a warrant the homes of persons 
suspected of threatening national security. Police also may confiscate 
evidence under these provisions. Police used this legal authority to 
search homes and offices; seize computers, books, and papers; monitor 
conversations; and take persons into custody without a warrant. The 
Government monitored e mails sent to Internet blog sites and threatened 
to detain anyone sending content over the Internet that the Government 
deemed threatening to public order or security.
    The Federal Islamic Development Department's (JAKIM) guidelines 
authorize JAKIM officials to enter private premises without a warrant 
if they deem swift action necessary to conduct raids on premises where 
it suspects Muslims are engaged in offenses such as gambling, 
consumption of alcohol, and sexual relations outside marriage.
    In corruption investigations, after a senior police official 
involved in the investigation submits a written application, the law 
empowers a deputy public prosecutor to authorize interception of any 
messages sent or received by a suspect. Information obtained in this 
way is admissible as evidence in a corruption trial. Security forces 
have broad authority to install surreptitiously surveillance devices on 
private property. In addition public prosecutors may authorize police 
to intercept postal and telecommunications messages if a prosecutor 
judges these likely to contain information regarding a terrorist 
offense. Intercepted communications from such efforts are admissible in 
court.
    The law permits the Home Ministry to place criminal suspects under 
restricted residence in remote districts away from their homes for two 
years.
    The Government bans membership in unregistered political parties 
and organizations.
    Certain religious issues posed significant obstacles to marriage 
between Muslims and adherents of other religions.
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 expression and intimidated journalists into 
practicing self censorship. According to the Government, it imposed 
restrictions on the media to protect national security, public order, 
and friendly relations with other countries.
    The law provides that legislation ``in the interest of security 
(or) public order'' may restrict freedom of speech. For example, the 
Sedition Act prohibits public comment on issues defined as sensitive, 
such as racial and religious matters. The Government used the ISA, the 
Sedition Act, the Official Secrets Act, the Printing Presses and 
Publications Act, criminal defamation laws, and other laws to restrict 
or intimidate political speech. Nevertheless, individuals frequently 
criticized the Government publicly or privately. However, on some 
occasions the Government retaliated against those who criticized it.
    In addition the election law makes it an offense for a candidate to 
``promote feelings of ill will, discontent, or hostility.'' Violators 
could be disqualified from running for office.
    The Government directly and indirectly censored the media by using 
the Printing Presses and Publications Act, which requires domestic and 
foreign publications to apply annually to the Government for a permit, 
making publication of ``malicious news'' a punishable offense, and 
empowering the home minister to ban or restrict publications believed 
to threaten public order, morality, or national security. It also 
prohibits court challenges to suspension or revocation of publication 
permits. According to the Government, these provisions ensured that the 
media did not disseminate ``distorted news'' and were necessary to 
preserve harmony and promote peaceful coexistence in a multiracial 
country. During the year the ministry continued to review, censor, and 
confiscate many foreign publications. In February SUARAM listed 57 
books banned by the Government. Among the banned books was a Tamil-
language book, March 8, which discussed the 2001 Kampung Medan racial 
clashes between Malays and Indians. In August the Home Ministry banned 
Muslim Women and the Challenge of Extremism, a book published by a 
local NGO, for ``containing twisted facts on Islam that could undermine 
the faith of Muslims.''
    Parties in the ruling coalition owned or controlled a majority of 
shares in two of the three major English and all Malay daily 
newspapers. Businesspersons well connected to the Government and ruling 
parties owned the third major English-language newspaper and all four 
major Chinese-language newspapers.
    Journalists were subject to arrest, harassment, and intimidation 
due to their reporting. For example, Tan Hoon Cheng, a journalist for 
the Chinese-language paper Sin Chew, reported on a speech by Ahmad 
Ismail, a local UMNO party leader, in which he described Malaysian--
Chinese as ``squatters'' and ``immigrants.'' On September 12, police 
detained Tan under the ISA because ``her life was threatened,'' 
according to the home minister. The public reaction, including the 
Malaysian Chinese Association's threat to leave the ruling National 
Front coalition, forced the Government to release her within 18 hours 
of her detention.
    Criminal defamation is punishable by a maximum of two years in 
jail, a fine, or both. This, along with the Government power over 
annual license renewal and other policies, inhibited independent or 
investigative journalism and resulted in extensive self-censorship. 
Nonetheless, the English--, Malay--, and Chinese-language press 
sometimes provided alternative views on sensitive issues. Following the 
March general election, the mainstream press increased its coverage of 
the opposition's views and the number of articles critical of 
government policy. The media also asked government officials more 
difficult questions regarding policy issues than prior to the general 
election.
    On November 24, the High Court acquitted Irene Fernandez, human 
rights activist, of her 2003 conviction for ``publishing false news'' 
in a memorandum to journalists and the Government on the abuse, 
detention, and treatment of migrant workers in IDCs in 1995.
    The Government continued to censor the media by controlling news 
content, requiring the annual renewal of publishing permits, and 
limiting circulation to an organization's members only. Printers often 
were reluctant to print publications that were critical of the 
Government for fear of reprisal. However, publications of opposition 
parties, social action groups, unions, and other private groups 
actively covered opposition parties and frequently printed views 
critical of government policies.
    Radio and television stations were as restricted as the print media 
and were predominantly supportive of the Government. News of the 
opposition was tightly restricted and reported in a biased fashion. 
Opposition party leaders alleged that during the national election the 
mainstream media provided minimal coverage for their candidates, 
intensely negative reporting about their party's senior figures, and 
extensive reporting on the ruling party candidates.
    Internet television faced no such restrictions, and the Islamic 
Party of Malaysia (PAS) continued daily Internet television broadcasts.
    Television stations censored programming in line with government 
guidelines. The Government banned some foreign newspapers and magazines 
and occasionally censored foreign magazines or newspapers, most often 
for sexual content. The Government maintained a ``blacklist'' of local 
and foreign performers, politicians, and religious leaders who were not 
allowed to appear on television or broadcast on radios.
    The Government generally restricted remarks or publications, 
including books, it judged might incite racial or religious disharmony.

    Internet Freedom.--Although there were no government restrictions 
on access to the Internet, during the year the Government blocked 
access to some Web sites and arrested several prominent bloggers for 
comments that were critical of the Government. Internet access was 
widely available, except in East Malaysia, where the Internet was often 
not available beyond urban centers. Internet subscriptions totaled 
approximately 14.9 million at the end of June 2007. Criminal defamation 
and preventive detention laws generated some self-censorship from local 
Internet content sources such as bloggers, Internet news providers, and 
NGO activists.
    Raja Petra and Syed Azidi Syed Aziz were the first individuals to 
be charged under the Sedition Act 1948 for Internet postings.
    On May 6, police arrested Raja Petra for sedition. On July 17, 
authorities charged Raja Petra with three counts of criminal defamation 
over a statutory declaration, published on his Web site, which linked 
the deputy prime minister to Altantuya Shaaribu's 2006 murder. The 
court released Raja Petra on RM10,000 (approximately $2,940) bail. 
Later, Raja Petra posted the examining doctor's statutory declaration 
and medical report relating to the ongoing sodomy case against 
opposition leader Anwar Ibrahim. On August 23, police raided Raja 
Petra's house and confiscated his computer and other materials. From 
August 27 through September 11, the Government blocked access to Raja 
Petra's Web site, Malaysia Today.
    On September 11, the energy, water, and communications minister 
announced the Government would no longer block access to any Web sites 
or blogs in the country, including that of Malaysia Today. The minister 
stated there were other ``harsher'' laws in the country, including the 
ISA, to ``control the irresponsible dissemination of information over 
the Internet and to bring those irresponsible Web sites and blogs to 
book.''
    On September 19, blogger Syed Azidi Syed Aziz, also known as 
``Kickdafella,'' was arrested under the Sedition Act for posting 
allegedly seditious statements on his website, including urging people 
to fly the national flag upside down as a sign of protest towards 
certain government policies. Police released him three days later.
    The Communications and Multimedia Act requires certain Internet and 
other network service providers to obtain a license. Previously the 
Government stated that it did not intend to impose controls on Internet 
use but that it would punish the ``misuse'' of information technology. 
The act permits punishment of the owner of a Web site or blog for 
allowing content of a racial, religious, or political nature that a 
court deems offensive.
    On September 23, the police summoned Whee Meng Chee, a Malaysian 
university student attending school overseas, to the commercial crime 
headquarters for questioning for releasing a YouTube video making a 
parody of the national anthem. He was released on the same day, and 
police continued the investigation at year's end.

    Academic Freedom and Cultural Events.--The Government placed some 
restrictions on academic freedom, particularly the expression of 
unapproved political views, and enforced restrictions on teachers and 
students who expressed dissenting views. The Government continued 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 the Government used the loyalty 
pledge to restrain political activity among civil servants, academics, 
and students.
    Although faculty members 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. 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 on student and faculty political activity.
    The Government has long stated that students should be apolitical, 
and it used that assertion as a basis for denying political parties 
access to student forums. According to student leaders, academic 
authorities sometimes expelled or fined students who signed 
antigovernment petitions. School authorities did not restrain 
propagation of government views on controversial issues on school 
campuses.
    The Government censored and banned films for profanity, nudity, 
sex, violence, and certain political and religious content. Among films 
banned during the year was the short film Fitna, which the Government 
claimed insulted Islam.
    The youth wing of the PAS protested against singers and groups it 
considered obscene and not in line with Islamic values. The Government 
responded by cancelling or placing conditions on performances by some 
international performers. On September 2, the Kedah State government, 
led by PAS, issued a directive on September 2 stating that the 
Government would issue entertainment licenses to female artists only 
for concerts for female audiences. The state government also instituted 
a blanket ban on rock, reggae, pop, and dangdut (an Indonesian style of 
music) concerts, which it claimed could have a ``negative impact'' on 
youth.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution states that all citizens have ``the right 
to assemble peaceably and without arms''; however, the Government 
placed significant restrictions on this right through use of the Public 
Order Ordinance and the Police Act. The ordinance restricts public 
assemblies that could damage security and public order, while the act 
requires police permits for all public assemblies except for workers on 
picket lines. The act defines a public assembly as a gathering of five 
or more persons.
    The decision to grant a permit rests with the district police 
chief; however, senior police officials and political leaders 
influenced the granting or denial of some permits. Police granted 
permits routinely to government and ruling coalition supporters but 
used a more restrictive approach with government critics, opposition 
parties, NGOS, and human rights activists.
    On November 9, police detained 23 individuals during a rally 
commemorating the first anniversary of the 2007 HINDRAF protest because 
the group did not obtain a permit. Among those detained were a MP, 
state assembly persons, and journalists. Participants alleged that 
police used excessive force while attempting to detain persons.
    On November 23, nine persons were arrested for unlawful assembly in 
relation to an anti--ISA rally organized by the Abolish--ISA Movement. 
Seven individuals were arrested during the event and another two 
individuals, opposition MP Salahuddin Ayub and PAS Vice President 
Mohamad Sabu, were detained at the police station while visiting the 
seven arrested earlier.
    At year's end the cases continued of the 31 HINDRAF demonstrators, 
the nine persons arrested for participating in an assembly marking 
International Human Rights Day 2007, and the 17 members of the 
Coalition for Clean and Fair Elections.

    Freedom of Association.--The constitution provides for the right of 
association; however, the Government placed significant restrictions on 
this right, and certain statutes limit it. Under the Societies Act, 
only registered 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 its affiliated 
organizations from registering because it allegedly posed a national 
security threat. On August 19, the Government approved the registration 
of the Socialist Party of Malaysia, which it had blocked since 1999. 
The Government has the power to revoke the registration of an existing 
society for violations of the act. Unlike in prior years, the 
Government did not use this power against political opposition groups 
during the year.
    Some human rights and civic society organizations expressed 
difficulty in obtaining government recognition as an NGO; as a result 
some NGOs were registered as companies, which presented legal and 
bureaucratic obstacles to raise money to support their activities. Some 
NGOs also reported that the Government monitored their activities.
    On October 15, the home minister declared HINDRAF an illegal 
organization being used for unlawful purposes and posing a threat to 
public order and morality. On October 23, police arrested 10 persons 
when they attempted to submit a letter at the Prime Minister's Office 
urging the release of those detained under the ISA. A six-year-old 
remained overnight at the police station when her mother, one of the 
detained, refused to accept bail. The Government claimed that the 10 
had been part of an illegal assembly for having gathered near the 
entrance of a government building. All were released the next day.
    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 maintained that 
the act still was necessary. In December, Parliament amended the act to 
allow students to be members of organizations outside the university.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, the constitution and the Government placed some 
restrictions on this right. The constitution defines all ethnic Malays 
as Muslims and stipulates that Islam is the official religion. The 
Government significantly restricted the practice of Islamic beliefs 
other than Sunni Islam. Article 11 of the constitution states, ``Every 
person has the right to profess and practice his religion,'' but it 
also gives state and federal governments the power to ``control or 
restrict the propagation of any religious doctrine or belief among 
persons professing the religion of Islam.''
    Civil courts continued to cede authority to Shari'a courts on cases 
concerning conversion from Islam and certain areas of family law 
involving disputes between Muslims and non--Muslims. Shari'a courts 
ordered some Muslims attempting to convert to other religions to 
undergo mandatory religious reeducation classes.
    Non--Muslims, who constitute approximately 40 percent of the 
population and include large Buddhist, Christian, Hindu, and Sikh 
communities, were free to practice their religious beliefs with few 
restrictions. According to the Government, it allocated RM428 million 
(approximately $125.9 million) to build Islamic places of worship and 
RM8.1 million ($2.4 million) to build Christian, Buddhist, Hindu, and 
other minority religions' places of worship between 2005 and the end of 
the year.
    The Registrar of Societies, under the Home Ministry, registers 
religious organizations. Registration enables organizations to receive 
government grants and other benefits. The Government did not recognize 
some religious groups; as such these groups sometimes registered 
themselves as businesses under the Companies Act.
    The Government maintained that views held by ``deviant'' groups 
endangered national security. According to the JAKIM Web site, the 
Government identified and prohibited to Muslims 56 deviant teachings. 
They included Ahmadiyya, Islamailiah, Shi'a, and Baha'i teachings. The 
Government asserted that ``deviationist'' teachings could cause 
divisions among Muslims. Religious authorities, with the consent of a 
Shari'a court, arrested and detained members of groups deemed 
``deviationist'' in order to ``rehabilitate deviants'' and return them 
to the ``true path of Islam.'' The religious affairs minister stated 
that members of these groups were subject to prosecution, detention 
under the ISA, or rehabilitation. Neither the Government nor religious 
authorities provided data on the number of persons subjected to 
prosecution or rehabilitation.
    The Government continued to monitor the activities of the Shi'a 
minority, and state religious authorities reserved the right to detain 
Shi'a followers under the ISA as members of a ``deviant sect.'' 
According to the Government, it did not detain anyone under the ISA for 
``deviationist'' religious reasons during the year.
    The Selangor Islamic Affairs Department continued efforts to stop 
the spread of the banned al--Arqam Islamic group. The Home Ministry 
continued to investigate the group as a ``threat to national 
security.'' Authorities closely monitored the group.
    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. State authorities sometimes granted approvals for building 
permits very slowly. Minority religious groups reported that state 
governments sometimes blocked construction using restrictive zoning and 
construction codes.
    In practice Shari'a law as interpreted in the country does not 
permit Muslims, born into Islam, to convert to another religion. 
Shari'a courts routinely denied requests to convert from Islam.
    Lina Joy reportedly left the country rather than pursue her 
conversion case in a Shari'a court, following the 2007 decision by the 
Federal Court to uphold a 2005 lower court decision that the civil 
courts did not have jurisdiction.
    The law strictly prohibits non--Muslims from proselytizing Muslims; 
proselytizing of non--Muslims faced no legal obstacles.
    According to the Malaysian Consultative Council of Buddhists, 
Christians, Hindus, Sikhs, and Taoists, the Government continued to 
restrict visas for foreign clergy under the age of 40 to inhibit 
``militant clergy'' from entering the country. While representatives of 
non--Muslim groups did not sit on the immigration committee that 
approved visa requests for clergy, the committee asked the consultative 
council for its recommendations. In May the Hindu Endowment Board 
claimed the Government refused to approve permit extensions and 
rejected new applications for priests and temple musicians, requiring 
existing visa holders to apply for extensions on a monthly basis. In 
December the human resource minister said Indians should stop relying 
on foreign priests and that the Government was prepared to arrange the 
training of ethnic Indian youths to become temple priests.
    Religious education is compulsory for Muslim children and follows a 
government-approved curriculum. Muslim civil servants are required to 
attend Islamic religious classes taught by government-approved 
teachers.
    The Government did not ban distribution in peninsular Malaysia of 
Malay-language translations of the Bible, Christian tapes, and other 
printed materials, but it restricted distribution and required ``Not 
for Muslims,'' be stamped on all Malay-language materials. The 
distribution of Malay-language Christian materials faced few 
restrictions in the eastern states of Sabah and Sarawak. As of 
September the Government banned an additional 15 books and publications 
on Islam alleged to undermine the faith of Muslims.
    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 
party PAS have attempted to use mosques in the states they control to 
deliver politically oriented messages. Several states attempted to ban 
opposition-affiliated imams from speaking at mosques.
    Some religious minorities have complained that the Government 
undermined their rights in deference to the status of Islam. On July 4, 
a Sikh group representing more than 100,000 Sikhs joined the Catholic 
archbishop's lawsuit against the Internal Security Ministry's February 
12 directive to the Catholic Church to stop using the word ``Allah'', 
which the ministry considered exclusive to Islam, in its weekly 
publication, The Catholic Herald. The case remained pending at year's 
end.
    On July 16, the Home Ministry issued a letter to the Catholic 
archbishop, as publisher of The Catholic Herald, demanding an 
explanation for allegedly publishing material that breached the 
publishing permit by analyzing the August by-elections. In August the 
ministry issued a warning letter to Herald, demanding an explanation 
for articles that allegedly did not ``focus'' exclusively on religion 
and a report that allegedly degraded Islam, entitled America and 
Jihad--where do they stand? In December the Government renewed the 
printing permit but prohibited the paper's publication in Malay, the 
country's official language.
    According to some women's rights advocates, women were subject to 
discriminatory interpretations of Shari'a and inconsistent application 
of the law from state to state.
    In addition to the existing restrictions on personal attire imposed 
upon Muslim women working in retail outlets and restaurants requiring 
headscarves and allowing only faces and hands to be exposed, in June 
the Kelantan municipal council issued a directive forbidding Muslim 
women working in food outlets and business premises from wearing high 
heels and lipstick while at work.
    The states' religious police continued to conduct raids on private 
homes, nightclubs, and other similar locations during the year to 
search for Muslims engaged in offenses such as gambling, consumption of 
alcohol, dressing immodestly, and engaging in sexual relations outside 
marriage. The Government provided no statistics regarding the raids.

    Societal Abuses and Discrimination.--Political rhetoric using 
religion raised tensions among different religious groups but did not 
result in violence. No reliable estimate of the country's Jewish 
population was available, and there were no locally based Jewish 
communities or synagogues. There were no reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice, although there were some restrictions. The eastern states of 
Sabah and Sarawak controlled immigration and required citizens from 
peninsular Malaysia and foreigners to present passports or national 
identity cards for entry. The Government provided some cooperation to 
the UNHCR and generally did not impede other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    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 criminal 
activities.
    Citizens must apply for government permission to travel to Israel.
    The constitution provides that no citizen may be banished or 
excluded from the country. In June, however, Chin Peng, the former 
leader of the communist insurgency, lost his bid to return to Malaysia 
when the Court of Appeal upheld an earlier ruling compelling him to 
show identification papers proving his Malaysian citizenship, forcing 
him to continue to live in exile in Thailand.
    HINDRAF Chairman Waytha Moorthy was briefly detained following the 
large November 2007 HINDRAF-organized demonstration. After his release 
he traveled overseas to raise awareness of ethnic Indian 
marginalization. Citing a fear of arrest if he returned to the country, 
Moorthy remained overseas in self-imposed exile, following the December 
2007 ISA detentions of five other HINDRAF leaders. In March the 
Government revoked his passport.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. The Government did not grant refugee status or asylum. In 
practice the Government did not provide protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government generally did not deport 
individuals registered by the UNHCR and being processed for 
resettlement to third countries.
    The Government continued to deport some refugees and asylum seekers 
but allowed certain refugees and persons of concern to remain, pending 
resettlement to other countries. The Government generally did not 
distinguish between asylum seekers and illegal immigrants and detained 
them in the same centers. Detention facilities were overcrowded and 
lacked adequate medical facilities. Local human rights NGOs alleged 
immigration officials abused detainees and provided inadequate food.
    Local NGOs estimated there were 100,000 asylum seekers, refugees, 
and stateless persons in peninsular Malaysia, of which there were an 
estimated 70,000 Burmese refugees, including ethnic Chin, Mon, and 
Rohingya. An estimated 61,000 Filipino Muslims who fled the Moro 
insurgency in the 1970s were reportedly living in the country. As of 
August 1, the UNHCR registered 41,405 persons of concern in the 
country, of which 11,172 were children and more than 88 percent were 
Burmese.
    During the year there were widespread reports from NGOs, 
international organizations, and civil society groups alleging that 
immigration officials were involved in the trafficking of Burmese 
refugees from IDCs to Thailand, where some refugees were sold into 
slavery (See Section 5, Trafficking in Persons).
    Throughout the year RELA continued to conduct raids on refugee 
camps and detained refugees and asylum seekers along with allegedly 
illegal migrants. According to local NGOs, those without the UNHCR 
documents were not given access to the UNHCR while in detention and 
were thereby deprived of their right to seek asylum. Refugees with 
UNHCR cards were usually safe from arrest by police, although police 
still arrested asylum seekers occasionally, as they did not always 
recognize the UNHCR documents.
    In June, the Government, at the request of the Chinese embassy, 
deported two Chinese nationals, who identified themselves as Muslims, 
to China.
    Although most asylum seekers traveled to Kuala Lumpur for 
determinations, the UNHCR conducted mobile registrations in areas with 
high concentrations of refugees because the UNHCR did not maintain a 
presence at the country's border. From January to September, the UNHCR 
listed 8,891 persons as asylum seekers and 42,308 as refugees, 
approximately 88 percent of whom were Burmese citizens.
    By the beginning of September, the UNHCR had submitted 5,849 
refugees to third countries for resettlement consideration. Third 
countries accepted and resettled 4,885 refugees. The remaining refugees 
remained at risk of detention and deportation by immigration officials.
    In July the Government approved an allocation of RM50 million 
(approximately $14,705,882) for its operation to repatriate 100,000 to 
150,000 illegal immigrants in Sabah State to their country of origin. 
Informed sources reported less than 20,000 were deported by year's end.
    The immigration law provides for six months in prison and up to six 
strokes of the cane for immigration violations. In practice delays in 
processing travel documents led to the detention of many illegal 
immigrants in camps for more than a year. Authorities caned at least 
six registered refugees, including a minor, compared with 32 in 2007.
    NGOs reported that IDC conditions remained poor, largely due to 
inadequate funding for food, medical care, and infrastructure 
maintenance.

    Stateless Persons.--Citizenship is derived from one's parents (jus 
sanguinis). NGO estimates of the number of stateless persons ranged 
from several thousand to as many as 30,000. A foreign government 
estimated that approximately 10 to 20 percent of the 60,000 illegal 
immigrants and persons of concern living in Sabah were stateless 
children born in Sabah. Government officials denied stateless persons 
access to education, health care, and the right to own property.
    Some persons were stateless because the Government refused to 
register their birth due to inadequate proof of their parents' 
marriage. Interfaith marriages not recognized by the Government 
sometimes resulted in undocumented, de facto stateless children.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens formally exercised this right in practice 
through periodic elections based on universal suffrage; however, while 
votes generally were recorded accurately, there were irregularities 
that affected the fairness of elections, and this right was abridged in 
practice.

    Elections and Political Participation.--Opposition parties were 
unable to compete on equal terms with the governing National Front 
coalition, led by the ethnic Malay UMNO party, which has held power at 
the national level since independence in 1957, because of significant 
restrictions on campaigning, freedom of assembly and association, and 
access to the media. Nevertheless, opposition candidates campaigned 
actively, and in the most recent national elections, held on March 8, 
the opposition parties captured 82 of 222 parliamentary seats and 198 
of 505 state assembly seats, winning control of five out of 13 state 
governments. For the first time since 1969, the opposition's electoral 
success denied the ruling coalition a two-third majority in Parliament, 
blocking the Government's ability to amend the constitution at will.
    Political parties could not operate without restriction or outside 
interference. The lack of equal access to the media was one of the most 
serious problems encountered by the opposition in the March national 
elections and in the subsequent by-election. Opposition leaders also 
claimed that the election commission (EC) was under government control 
and lacked the independence needed to carry out its duties impartially. 
In February the EC announced that it would use indelible ink for the 
March 8 general election as a measure to ensure a fair election. 
However, the EC reversed its decision on March 4, four days before 
election day, attributing the cancellation to police reports alleging 
that an unknown entity purchased indelible ink from abroad with the 
intention of creating ``confusion and suspicion as to the voters' 
status.'' A subsequent investigation provided no evidence that the ink 
was compromised. There were numerous opposition complaints of 
irregularities by election officials during the campaign; however, most 
observers concluded that they did not substantially alter the results. 
NGOs and opposition party leaders lodged allegations of illegally 
registered ``phantom'' voters, reportedly brought in from other 
districts to vote in tightly contested districts; inflated voter rolls; 
nonregistered voters using fictitious names or the names of dead voters 
still listed on the voter rolls; and noncitizens registered to vote.
    The constitution states that parliamentary constituencies should 
have approximately equal numbers of eligible voters; however, in 
practice the numbers varied significantly. For example, the Putra Jaya 
constituency had 6,606 voters, while in Kuala Lumpur, the Seputih 
constituency had 76, 891 voters. In Perak, Gopeng had 74,344 voters 
compared with Lenggong, with only 23,223 voters.
    Over the years power increasingly has been concentrated in the 
prime minister, and Parliament's function as a deliberative body has 
deteriorated. Parliament rarely amended or rejected government proposed 
legislation and did not give legislation proposed by the opposition 
serious consideration. Parliamentary procedures allow the speaker of 
parliament to suspend members, establish restrictions on tabling 
questions, edit written copies of members' speeches before delivery, 
and severely restrict members' opportunities to question and debate 
government policies. With the increased number of opposition MPs, 
government officials often faced sharp questioning in Parliament, and 
the press reported in greater detail than in the past. For example, 
during the year the Government initiated 30-minute live telecasts of 
parliament's daily question-and-answer period.
    Under the Local Government Act, elections of public officials were 
confined to state assemblies and the federal Parliament. Some 
politicians and NGO activists advocated the reintroduction of local 
government elections, which the Government abolished after the 1969 
race riots. Some ruling party municipal officials noted that local 
bodies were simply ``rubber stamps'' for the Government. The coalition 
of opposition parties controlled the state governments of Perak, 
Selangor, Penang, Kedah, and Kelantan.
    Women faced no legal limits on participation in government and 
politics. At the end of September, two of the 32 cabinet ministers were 
women. Women held 23 of the 222 seats in the lower house and 17 of the 
68 senate seats.
    In practice the political dominance of the Malay majority meant 
that ethnic Malays held the most powerful senior leadership positions. 
Non--Malays filled nine of the 32 ministerial posts and 18 of the 37 
deputy minister positions.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. The media reported numerous cases of alleged 
official corruption. There was a broadly held perception of widespread 
corruption and cronyism within the governing coalition and in 
government institutions. The Anti--Corruption Agency (ACA), the primary 
government agency for combating corruption, employed approximately 
1,800 staff members nationwide. In December the Government passed 
legislation replacing the ACA with the Malaysian Anti--Corruption 
Commission.
    In December the ACA director general stated the agency arrested 585 
people during the year, including 271 civil servants. The ACA arrested 
the director general of immigration for allegedly accepting bribes in 
exchange for authorizing visa for more than 4,000 Bangladeshi workers, 
a group vulnerable to labor exploitation. The ACA also arrested the 
deputy director general for allegedly accepting bribes in exchange for 
authorizing social visas for Chinese women, a group vulnerable to 
commercial sex exploitation, to work as ``guest relations officers,'' a 
euphuism for prostitutes. Both individuals were removed from their 
positions along with six other officials.
    Civil servants who refused or failed to declare their assets faced 
disciplinary actions and were ineligible for promotion.
    There is no law designed to facilitate citizens' requests for 
government statistics or other information collected and compiled by 
the Government. Individual MPs were allowed to request and obtain such 
information on an ad hoc basis, some of which was then made available 
to the public.
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 
government officials were somewhat cooperative and responsive to their 
views.
    The Government cooperated with some international organizations 
during the year. The Government provided some cooperation to the UNHCR 
to resettle refugees in third countries.
    SUHAKAM was generally considered a credible monitor of some aspects 
of the human rights situation. 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 of a court 
case. During the year the International Coordinating Committee for the 
Promotion and Protection of Human Rights (ICC) noted SUHAKAM's failure 
to comply with the Paris Principles, which are the international 
standards for an independent and effective human rights body. The ICC 
notified the Government of its concern over SUHAKAM's ability to 
operate independently, free from government restrictions. The ICC 
recommended establishing a clear and transparent appointment and 
dismissal process for commissioners and increasing commissioners' 
tenures from the current two-year tenure. The ICC also found that 
SUHAKAM lacked genuine pluralism in the composition of its commission.
    SUHAKAM commissioners traveled throughout the country to educate 
community leaders, including police officials, on the importance of 
human rights. Commissioners also made several visits to prisons 
throughout the country to monitor conditions. They repeatedly noted 
that a major unresolved challenge was the slow government response to 
their reports on major topics that touched on fundamental liberties.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equal protection under the law and 
prohibits discrimination against citizens based on sex, religion, race, 
descent, or place of birth. However, the constitution also provides for 
the ``special position'' of ethnic Malays and the indigenous groups of 
the eastern states of Sabah and Sarawak (collectively, bumiputras), and 
discrimination based on this provision persisted. Government policies 
and legislation gave preferences to bumiputras in housing, home 
ownership, awarding of government contracts and jobs, educational 
scholarships, and other areas. Nonbumiputras regularly complained about 
these preferences, arguing that government subsidies for disadvantaged 
persons should be dispensed without regard to race.

    Women.--The penal code states that rape is punishable by a prison 
term of up to 30 years, caning, and a fine. The Government enforced the 
law effectively. According to the police, 1,651 rapes were reported 
during the first half of the year. Spousal rape is not a crime, 
although a husband may be charged for causing harm to his wife while 
attempting to force sexual relations with her.
    The courts may decide the minimum jail term for a man convicted of 
statutory rape of a girl age 15 years or less. The law also prohibits a 
person in authority from using his position to intimidate a subordinate 
into having sexual relations.
    Violence against women remained a problem. Reports of rape and 
spousal abuse drew considerable government, NGO, and press attention. 
Under the Domestic Violence Act, anyone who willfully contravenes a 
protection order by using violence against a protected person may be 
punished by imprisonment of up to one year and a maximum fine of 
RM2,000 (approximately $588). In extreme cases involving ``grievous 
hurt'' inflicted using a deadly weapon, the maximum imprisonment 
increases to 20 years. 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 because it requires that separate 
reports of abuse be filed with both the Social Welfare Department and 
the police, causing delay in the issuance of a restraining order. Cases 
also require visible evidence of physical injury, despite its 
interpretation to include sexual and psychological abuse.
    Many government hospitals had crisis centers where victims of rape 
and domestic abuse could make reports without going to a police 
station. NGOs and political parties also cooperated to provide 
counseling for rape victims, but 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 (MWFCD) and a leading women's NGO, 
only 10 percent of rape cases were reported to police. Women's groups 
noted that while some rapists received heavy punishments, including 
caning, other rapists received inadequate punishments.
    Although the Government, NGOs, and political parties maintained 
shelters and offered other assistance to battered spouses, activists 
asserted that support mechanisms for victims of domestic violence 
remained inadequate. There was a sexual investigations unit at each 
police headquarters to help victims of sexual crimes and abuse. Women's 
rights activists claimed that police needed additional training in 
handling domestic abuse and rape cases.
    Some Shari'a experts 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. Provisions in state Shari'a 
laws, however, generally prohibit wives from disobeying the ``lawful 
orders'' of their husbands and presented an obstacle to women pursuing 
claims against their husbands in Shari'a courts. Muslim women were able 
to file complaints in civil courts.
    Prostitution is not a criminal offense, although soliciting is a 
criminal offense. NGOs and international organizations estimated 
50,000-150,000 women were involved in prostitution. According to the 
Government, police detained 6,357 foreign and 1,004 local prostitutes, 
including 442 under-age girls, during 8,893 antivice operations between 
2003 and 2008. Muslims engaged in prostitution could face penalties 
under Shari'a for engaging in sexual relations out of wedlock. 
Authorities routinely arrested foreign prostitutes, usually as illegal 
immigrants or for violating the terms of their nonimmigrant visas. 
Financially benefiting from the prostitution activities of others is 
illegal, and the Attorney General's Office prosecuted offenders.
    A government voluntary code of conduct provides a detailed 
definition of sexual harassment, which is meant to raise public 
awareness of the problem, but women's groups advocated passage of a 
separate law on sexual harassment. 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.
    Women's rights advocates asserted that women faced discriminatory 
treatment in Shari'a courts due to prejudicial interpretations of 
Islamic family law.
    The law allows polygamy, and Muslim men practiced polygamy in 
limited numbers. Islamic inheritance law generally favors male 
offspring and relatives. There was a small but steadily increasing 
number of women obtaining divorces under the provisions of Shari'a that 
allow for divorce without the husband's consent.
    Non Muslim women are subject to civil law. The Guardianship of 
Women and Infants Act gives mothers equal parental rights. Four states 
extend the provisions of the act to Muslim mothers, and women's groups 
continued to urge the other states to do the same.
    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. For example, the Women's Ministry 
developed programs and workshops to encourage women to enter the 
business community and operate small and medium sized enterprises.
    Women experienced some economic discrimination in access to 
employment. In 2007 there were 3.8 million women compared with 6.8 
million men in the labor force. Women were routinely asked their 
marital status during job interviews. In September the Kedah State 
government announced that women entertainers could perform only in 
front of all-female crowds. The Joint Action group for Gender Equality 
condemned the state government for infringing gender equality rights 
protected by the constitution.

    Children.--The Government demonstrated a commitment to children's 
rights and welfare; however, some government policies limited those 
rights and protections. For example, the law allows use of a ``light 
cane'' to administer a maximum of 10 strokes to male children between 
the ages 10 and 18.
    Parents must register a child within 14 days of birth. The 
authorities require citizens to provide their marriage certificate and 
both parents' MyKad. Noncitizens must provide passport or travel 
documents. Parents applying for late registration must prove the child 
was born in the country. The authorities do not enter the father's 
information for a child born out of wedlock unless there is a joint 
application by the mother and the person claiming to be the father. The 
authorities do not register children born to illegal immigrants or 
asylum seekers. Asylum seekers who register a birth risk arrest as 
illegal immigrants. The UNHCR registers children born to refugees. 
Marriages between Muslims and non Muslims are void. Couples in such 
marriages have difficulty registering births that recognize the father 
due to the invalidity of the marriage. Children without birth 
certificates are stateless and denied entry into both public and 
private schools. Stateless children (like noncitizens) are required to 
pay higher medical fees, which caused hardship in many cases.
    Although primary education is compulsory, there is no enforcement 
mechanism governing school attendance.
    The Government recognized that sexual exploitation of children and 
incest were problems. Incest in particular was a problem in rural 
areas. The law provides for six to 20 years' imprisonment and caning 
for individuals convicted of incest. The testimony of children is 
accepted only if there is corroborating evidence. This posed special 
problems for molestation cases in which the child victim was the only 
witness.
    Statutory rape occurred and was prosecuted. According to the MWFCD, 
most victims were below 15 years of age. However, Islamic law 
provisions that consider a Muslim girl an adult after her first 
menstruation sometimes complicated prosecution of statutory rape. Such 
a girl may be charged with khalwat, or close physical proximity, an 
offense under Shari'a law, even if she is under the age of 18 and her 
partner is an adult. Shari'a courts sometimes were more lenient with 
males charged with khalwat, although in many cases Muslim men were 
charged and punished for statutory rape under civil law.
    Child prostitution existed, but child prostitutes often were 
treated as delinquents or illegal immigrants rather than victims.
    Sabah had a problem of street children. Estimates ranged from a few 
hundred to 15,000 children born in the country to illegal immigrant 
parents, some of whom were deported. These children lacked citizenship 
and access to government-provided support and often resorted to menial 
labor, criminal activities, and prostitution to survive.

    Trafficking in Persons.--The 2007 Antitrafficking in Persons Act 
went into force in February. It prohibits all forms of trafficking in 
persons; however, there were reports that persons were trafficked to, 
from, through, and within the country. The Government can also use 
other laws, such as the Child Act, the Immigration Act and the 
Restricted Residence Act, to arrest and detain traffickers.
    Trafficking in persons was a serious problem. The country was a 
destination, and to a lesser extent, a source and transit point for men 
and women trafficked for the purposes of sexual exploitation and forced 
labor. Foreign trafficking victims, mostly women and girls from Burma, 
Mongolia, the People's Republic of China (PRC), Indonesia, Cambodia, 
Thailand, the Philippines, and Vietnam, were trafficked to the country 
for commercial sexual exploitation. Many economic migrants, mostly from 
Nepal, Burma, the PRC, Vietnam, Thailand, the Philippines, Cambodia, 
Pakistan, Bangladesh, and Indonesia, working as domestic servants or 
laborers in the construction, factories, and oil-palm and rubber 
plantations and logging companies, faced exploitative conditions that 
met the definition of involuntary servitude.
    Foreign trafficking victims were kept compliant through involuntary 
confinement, confiscation of travel documents, debt bondage, physical 
abuse, and/or forced drug use. The Government has not yet reconciled 
its new antitrafficking law with preexisting laws and regulations that 
allow, or even require, Malaysian employers to confiscate foreign 
workers' passports and travel documents, which is a contributing factor 
to trafficking. It remained common practice for employers to confiscate 
passports. According to news reports, female victims said that they 
were lured to the country by promises of legitimate employment but were 
forced into prostitution upon their arrival in the country.
    According to police, the Bar Council, and SUHAKAM, many foreigners 
found to be involved in prostitution were possible trafficking victims. 
Foreign embassies, NGOs, and government authorities reported that 
police and NGOs rescued and repatriated more than 100 trafficking 
victims during the year. The rescues did not lead to a significant 
number of arrests and prosecutions of traffickers. The police referred 
the 79 women and at least four minors rescued from commercial sexual 
exploitation to the Government-operated trafficking shelter; 20 of the 
women were certified as trafficking victims. All of the potential and 
confirmed victims were legal migrants. The Government has not developed 
or implemented proactive procedures to identify victims of trafficking 
among the migrant worker population.
    A small number of Malaysian women and girls were trafficked for 
sexual purposes, mostly to Singapore, Macau, Hong Kong, and Taiwan, but 
also to the United Kingdom, Japan, Australia, and Canada. According to 
police and ethnic Chinese community leaders, female citizens who were 
victims of trafficking were usually ethnic Chinese, although ethnic 
Malay and Indian women also were exploited as prostitutes. NGOs 
estimated that fewer than 100 Malaysian women were trafficked abroad 
during the year and that the number had declined in recent years.
    Trafficking of Malaysians domestically remained a problem. Women 
from rural areas, indigenous groups, such as the Orang Asli, and ethnic 
Indians were particularly vulnerable to domestic trafficking for sexual 
and labor exploitation. The Malaysian Trade Union Congress (MTUC) 
estimated a significant number of workers, foreign and domestic, worked 
in conditions equating to involuntary servitude; however, reliable data 
was unavailable to provide credible estimates.
    On February 25, the High Court ruled that an undocumented migrant 
worker could not receive compensation for loss of income on the basis 
that such workers did not have legal status in the country.
    There were credible reports of Malaysian immigration officials' 
involvement in the trafficking of Burmese refugees along the Malaysia--
Thai border. Immigration officials allegedly received RM700 
(approximately $200) per person. Several local NGOs estimated 
immigration officials handed over a significant number of Burmese 
refugees transported to the border to traffickers. Traffickers demanded 
ransom, ranging from RM1,000 ($300) for children to RM1,900 ($560) for 
adults, in exchange for freedom and transportation back to Malaysia. 
Informed sources estimated 20 percent of the victims were unable to pay 
the ransom and were sold for the purposes of labor or sexual 
exploitation. Some reports indicated traffickers sold small children 
not freed by ransom to child beggar syndicates in the region.
    Police and NGOs believed that criminal syndicates were behind most 
of the trafficking. Employment agencies were also believed to be 
heavily involved in trafficking migrant workers.
    Under the Antitrafficking Act, any person convicted of trafficking 
an adult is subject to a maximum imprisonment term of 15 years and a 
possible fine. A person convicted of trafficking a child receives a 
minimum sentence of three years and maximum of 20. Any person profiting 
from the exploitation of a trafficked person may serve a maximum of 15 
years and pay a minimum fine of RM50,000 (approximately $14,706) and 
maximum of RM500,000 ($147,058). The Government initiated prosecution 
of six trafficking-in-persons cases involving commercial sex 
exploitation. In December the Government obtained its first trafficking 
conviction. The court sentenced the trafficker to eight years in 
prison. However, the Government did not prosecute offenders of labor 
trafficking, which is a significant form of trafficking in persons in 
the country. The Government established an interagency antitrafficking 
council that included representatives from 11 government organizations 
and three local NGOs.
    The Government assisted some underage persons exploited as 
prostitutes and rescued some trafficked women and girls. In March the 
MWCFD opened two trafficking victims' shelters and began assisting 
foreign victims of sex trafficking. During the year police continued a 
referral system to place foreign trafficking victims in shelters 
operated by NGOs and certain foreign embassies. However, shelter space 
in private shelters remained inadequate to hold all identified victims, 
and authorities transferred those whom shelters could not accept to 
immigration detention facilities for deportation processing. Police 
participated in NGO and foreign-funded antitrafficking seminars.
    The Government initiated consultations, seminars, and training 
workshops to disseminate implementation procedures for enforcing the 
country's antitrafficking law. The Women's Ministry and other 
government organizations began to develop public awareness programs and 
recruit local NGOs to share outreach best practices.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Neither the constitution nor other laws 
explicitly prohibit discrimination based on physical or mental 
disabilities, but the Government promoted public acceptance and 
integration of persons with disabilities.
    The Government did not discriminate against persons with 
disabilities in employment, education, access to health care, or in the 
provision of other state services. A public sector regulation reserves 
1 percent of all public-sector jobs for persons with disabilities. The 
Government did not mandate accessibility to transportation for persons 
with disabilities, and few older public facilities were adapted for 
such persons. New government buildings were generally outfitted with a 
full range of facilities for persons with disabilities.
    A code of practice serves as a guideline for all government 
agencies, employers, employee associations, employees, and others to 
place suitable persons with disabilities in private sector jobs.
    Special education schools existed but were not sufficient to meet 
the needs of the population with disabilities.
    The Government undertook initiatives to promote public acceptance 
of persons with disabilities, make public facilities more accessible to 
such persons, and increase budgetary allotments for programs aimed at 
aiding them. Recognizing that public transportation was not ``disabled-
friendly,'' the Government maintained its 50 percent reduction of the 
excise duty on locally made cars and motorcycles adapted for persons 
with disabilities. The Ministry of Human Resources was responsible for 
safeguarding the rights of the disabled.

    National/Racial/Ethnic Minorities.--The law and government policy 
provide for extensive preferential programs designed to boost the 
economic position of bumiputras. Such programs limit opportunities for 
nonbumiputras in higher education, government employment, business 
permits and licenses, and ownership of land. Businesses are subject to 
race-based requirements that limit employment and other economic 
opportunities for nonbumiputra citizens. According to the Government, 
these programs are necessary to ensure ethnic harmony and political 
stability.
    Despite the Government's stated goal of poverty alleviation, these 
race-based policies are not subject to upper income limitations and 
appeared to contribute to the broadening economic disparity within the 
bumiputra community. Ethnic Indian citizens, who did not receive such 
privileges, remained among the country's poorest groups. Another goal 
of this policy is for bumiputras to hold 30 percent of the nation's 
wealth. According to several studies, the program reached or exceeded 
this target; however, official government figures placed bumiputra 
equity at 18.9 percent. The Government did not respond to public 
requests to make its methodology available.
    In 2006 the minister of higher education stated that the nation's 
17 public universities employed few nonbumiputra deans. At the 
Universiti Malaya, 19 of 20 deans were bumiputras; in many other 
universities, deans were exclusively bumiputras. They also accounted 
for more than 90 percent of the country's almost 1.15 million civil 
servants at the end of the year. The percentage has steadily increased 
since independence in 1957.

    Indigenous People.--Indigenous people (the descendants of the 
original inhabitants of the peninsular region of the country and the 
Borneo states, such as the Penan) 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 
non--Orang Asli minister for rural development to protect, control, and 
otherwise decide issues concerning this group. As a result indigenous 
people in peninsular Malaysia had very little ability to participate in 
decisions that affected them. The Government did not effectively 
protect indigenous persons' civil and political rights.
    The Orang Asli, who numbered approximately 140,000, constituted the 
poorest group in the country. Government statistics, in 2007, 
categorized approximately 77 percent of Orang Asli households as living 
below the poverty level. In apparent contradiction to the 2007 
statistics, the Department of Orang Asli Affairs claimed in September 
that less than 10,000 of the 28,000 Orang Asli households lived below 
the poverty line. A government-sponsored national advisory council 
monitored the development of Orang Asli, but only five of the council's 
17 members were Orang Asli. In addition only one Orang Asli held a 
management position in the Government's Department of Orang Asli 
Affairs. Under its ninth economic plan covering the years 2006 10, the 
Government allocated slightly more than RM377.8 million (approximately 
$111.1 million) for development projects for the Orang Asli. These 
focused on improving health, preschool education, infrastructure, and 
economic activities. The plan included an additional RM100 million 
($29.4 million) for development of lands inhabited by the Orang Asli 
and another RM20 million ($5.9 million) to curb inflationary pressures. 
In September 2007 the Director General of the Department stated that 
the dropout rate among Orang Asli children was 36 percent in secondary 
schools, an improvement over the 50 percent dropout rate reported in 
2006.
    Under the Aboriginal People's Act, Orang Asli were permitted to 
live on designated land as tenants at--will, but they 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 was rezoned for development. In 
September the Department of Orang Asli reported that as of 2006, 20,000 
hectares of land was set aside for the Orang Asli. In November the 
Government announced it would grant land ownership rights of 50,000 
hectares of rural land currently belonging to state governments to 
20,000 Orang Asli households.
    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 other indigenous groups in 
the Borneo states. Indigenous people in Sabah and Sarawak continued to 
protest encroachment by state and private logging and plantation 
companies onto land that they considered theirs under native customary 
rights.
    The Sarawak Penan Association continued urging the state government 
to delineate the Penan's native customary land boundaries, revoke 
timber licenses that overlapped their land, stop issuing provisional 
leases for plantations, and halt all logging and plantation development 
activities on their land. The Penan tribe was among the poorest groups 
in the country and lived below the poverty line. In 2007 SUHAKAM urged 
the Government to ensure the availability of necessities for the Penan 
through poverty eradication and income generation programs. The state 
government had not responded to either group's recommendations by 
year's end.
    On September 13, approximately 150 persons from the Indigenous 
Peoples Network of Malaysia (IPNM) staged a protest in Kuala Lumpur to 
urge the Government to honor its 2007 commitment to uphold the UN 
Declaration on the Rights on Indigenous People. Specifically, the IPNM 
called for the establishment of an Orang Asli native court, repeal of 
laws that marginalized indigenous people, and an end to the 
Government's practice of leasing native customary rights land without 
consulting native communities. The Government dismissed their demands, 
claiming some NGOs with hidden agendas influenced the indigenous 
groups.
    Laws allowing condemnation and purchase of land do not require more 
than perfunctory notifications in newspapers, to which indigenous 
persons may have no access. In past years this deprived some indigenous 
persons of their traditional lands with little or no legal recourse.
    The 2007 petition filed by the Semalai, another Orang Asli group, 
to the High Court to review a Pahang State government-ordered eviction 
from an area the Semalai claimed as their traditional land remained 
pending at year's end. In 2007 a suit was filed against authorities who 
allegedly tore down an Orang Asli church in Gua Musang in June 2007. 
The case remained pending at year's end.
    The Penan, an indigenous community of Sarawak, used native 
customary rights to establish land ownership and stewardship. Each 
group of Penan maintained its own foraging area, which is passed down 
from one generation to another. Customary native lands are not always 
well demarcated. Indigenous rights groups alleged that Abdul Taib 
Mahmud, the chief minister of Sarawak, leased Penan and other 
indigenous groups' customary land to logging companies and land 
developers in exchange for political favors and money. Local observes 
claimed logging companies harassed and sometimes threatened vocal Penan 
leaders and land rights activists.
    A credible international NGO reported that workers from two logging 
companies, including one owned by the chief minister's family, 
regularly sexually abused Penan women and girls, resulting in several 
pregnancies. The NGO urged the Government to investigate the claims. 
Although the Marudi District deputy superintendent promised to 
investigate the allegations, Sarawak's deputy chief minister initially 
dismissed the claims, stating that unless given evidence and specific 
details of the allegations, it would be a waste of time to investigate 
them. However, on October 7, following continued public outrage, he 
announced police would investigate the allegations. National police 
headquarters conducted the investigations, which remained pending at 
year's end.

    Other Societal Abuses and Discrimination.--Although there are no 
laws that prohibit homosexuality, laws against sodomy and ``carnal 
intercourse against the order of nature'' exist and were enforced 
sporadically. Religious and cultural taboos against homosexuality were 
widespread.
    The Government's response to HIV/AIDS was generally 
nondiscriminatory, although stigmatization of AIDS sufferers was 
common. On December 18, the deputy prime minister announced mandatory 
HIV screening, starting in 2009, for all Muslims prior to being 
married. He attributed the need for this screening to the rising rate 
of HIV infection among women. According to the Government, more than 
82,000 HIV/AIDS cases had been identified since 1986, with over 1,500 
new cases identified during the year.
Section 6. Worker Rights
    a. The Right of Association.--By law most workers have the right to 
form and join trade unions, but the Trade Unions Act (TUA) and the 
Industrial Relations Act (IRA) restrict this right. Other laws also may 
restrict freedom of association. For example, the Malaysian Penal Code 
requires police permission for public gatherings of more than five 
persons. Trade unions represented only 8.9 percent of the labor force, 
a decrease from 9.3 percent in 2005.
    Those restricted by law from joining a union include public sector 
workers categorized as ``confidential, managerial, and executive,'' as 
well as defense and police officials. However, according to the 
International Trade Union Confederation (ITUC), recent amendments to 
the IRA made it more difficult for workers to form unions because the 
director general and the minister also have absolute authority to 
determine designations of workers' status as ``confidential,'' 
``managerial,'' or ``executive,'' leading to possible systemic abuse by 
employers. In theory foreign workers can join a trade union; however, 
the Immigration Department barred foreign workers from holding trade 
union offices, and most foreign workers' contracts banned them from 
joining a trade union.
    The TUA prohibits interfering with, restraining, or coercing a 
worker in the exercise of the right to form trade unions or 
participation in lawful trade union activities. However, the act 
restricts a union to representing workers in a ``particular 
establishment, trade, occupation, or industry or within any similar 
trades, occupations, or industries.'' In addition the director general 
of trade unions has broad discretion to refuse to register a trade 
union and to withdraw the registration of an existing trade union based 
on provisions outlined in the act. When registration is refused, 
withdrawn, or canceled, a trade union is considered an unlawful 
association; there were no reports of any such actions during the year. 
The International Labor Organization (ILO) Committee on Freedom of 
Association found many provisions of the Trade Unions Act violate the 
principles of freedom of association, and the amendments made in 2007 
were done ``without consideration'' of the ILO's recommendations or 
without consultation with the MTUC and other labor organizations.
    MTUC officials continued to express frustration about delays in the 
settlement of union recognition disputes. While the IRA requires that 
an employer respond to a union's request for recognition within 21 days 
of application, it was not uncommon for such applications to be refused 
and unions to go unrecognized for one to four years. Under the 
amendments, if an employer does not respond to the union application 
within 21 days, the union must submit a written appeal to the director 
general of trade unions within 14 days. If the union fails to submit 
the appeal within the stipulated period, the union automatically is not 
recognized. The amendments also deny the right of unions and 
individuals to hold strikes protesting the nonrecognition of their 
union.
    Trade unions from different industries, except for those in the 
electronics sector, may join in national congresses, but such 
congresses must register separately as societies under the Societies 
Act.
    Government policy inhibited the formation of national unions in the 
electronics sector, the country's largest industry, because it has 
``pioneer status,'' which affords certain investment incentives. The 
Government stated that establishment of national unions in the 
electronics sector would impede foreign direct investment and 
negatively affect the country's international competitiveness in the 
sector; government leaders stated that enterprise-level unions were 
more appropriate for the electronics industry. According to MTUC 
officials, 150,000 electronics workers were unable to organize, and 
only eight in-house unions existed in the electronics industry.
    Unions maintained independence from both the Government and 
political parties, but individual union members may belong to political 
parties. Although by law union officers 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 on behalf of local unions.
    Trade unions were permitted to affiliate with international trade 
union organizations, such as global union federations and the ITUC, 
subject to the approval of the director general of trade unions.
    Although private sector strikes are legal, the right to strike is 
severely restricted. Strikes or lockouts are prohibited while the 
dispute is before the industrial court. 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. MTUC officials said that requirements 
imposed by the authorities were so stringent that it was almost 
impossible to strike. According to MTUC officials, there were eight 
lunchtime pickets or one-day work slowdowns but no strikes during the 
year. Employees in the public sector do not have the right to 
collective bargaining.
    The IRA 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. The IRA prohibits employers from taking 
retribution against a worker for participating in the lawful activities 
of a trade union. However, some trade unions questioned the 
effectiveness of the provisions. The IRA limits worker compensation to 
a maximum of two years from the time the employee is laid off.

    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.
    There are two national labor organizations. The MTUC is a society 
of trade unions in both the private and government sectors and is 
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. The other national 
organization is the Congress of Unions of Employees in the Public and 
Civil Service (CUEPACS), a federation of public employee unions 
registered under the Trade Unions Act.
    CUEPACS is an umbrella organization that included 127 distinct 
civil servant unions with approximately 300,000 members out of one 
million civil servants, represented by an estimated 160 unions. Teacher 
unions accounted for 140,000 of CUEPACS' 300,000 members. CUEPACS holds 
talks with the Government through three National Joint Councils (NJCs) 
that represent three types of workers: managerial and professional, 
scientific and technological, and general (all other types of workers, 
such as clerical and support staff). The Government established the NJC 
system to have NJCs serve as aggregating, intermediary negotiating 
bodies between the Government and the various unions served by CUEPACS. 
NJC members are elected from constituent unions. While an individual 
civil service union may approach the Government directly on narrow 
issues that affect only that particular union or its members, broader 
issues that affect the entire civil service flow up to CUEPACS and then 
to one of the NJCs, depending on the type of civil servants involved.
    Government regulations limited CUEPACS' negotiating power and 
virtually eliminated its right to organize strikes. CUEPACS has sought 
a minimum wage for civil servants; however, by year's end the 
Government had announced no plans to institute a minimum wage for 
public or private sector workers.
    The Government placed limits on collective bargaining agreements in 
companies designated as having pioneer status. The MTUC continued to 
object to legal restrictions on collective bargaining in pioneer 
industries.
    Charges of discrimination against employees engaged in organizing 
union activities may be filed with the Ministry of Human Resources or 
the industrial court. Critics alleged that the industrial court was 
slow to adjudicate worker complaints when conciliation efforts by the 
Ministry of Human Resources failed.
    The Government holds that issues of transfer, dismissal, and 
reinstatement are internal management prerogatives; therefore, they are 
excluded from collective bargaining.
    Companies in export processing zones must observe labor standards 
identical to those in the rest of the country. Although the electronics 
sector's pioneer status inhibits organizing, many companies had ``in 
house unions''; however, these were seen as controlled by management 
and were not allowed to affiliate with national union umbrella bodies.

    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. The law allows for 
employers to confiscate employees' passports, and it was common 
practice for employers to do so as a means to prevent employees seeking 
jobs elsewhere. Rights groups complained that the law effectively made 
some foreign workers captives of the hiring company. Recruiting agents 
required fees that sometimes made foreign workers vulnerable to debt 
bondage. Some companies used debt bondage to force some foreign workers 
to accept harsh working conditions, threatening imprisonment and 
deportation. Following a series of cases of poor treatment, including 
an incident when employers abandoned 2,000 workers at Kuala Lumpur's 
airport, in October the Government imposed a ban on issuing new work 
permits for guest workers from Bangladesh. Some observers believed that 
the Government used this incident as a justification to limit the flow 
of foreign workers. Indebted to their employers due to excessively high 
recruitment fees and without their passports, these workers were 
effectively forced to work long hours, accept lower wages than 
promised, allow wage deductions, and live in poor housing. Forced labor 
conditions reportedly occurred in some palm oil and rubber plantations, 
factories manufacturing computer components, and in domestic 
households.
    Some of the estimated 320,000 foreign women employed as household 
workers were subjected to physical abuse and forced to work under harsh 
conditions, and some child household employees worked in conditions 
amounting to forced labor. A number of domestic workers were not paid 
or were paid below the agreed salary. Several of the abused women 
reported their employers forced them to sleep on kitchen floors and fed 
them only the scraps from a meal.
    Although Malaysia and Indonesia concluded a Memorandum of 
Understanding (MOU) in 2006 that, among other things, called for 
domestic workers to be paid directly, receive compensation for personal 
injury, and be given time off in lieu of overtime, it remained a common 
practice for employers to deposit wages with recruiting agencies as 
repayment for debts. Under terms of the MOU, domestic workers have to 
surrender their passports to their employers to ensure they will not 
run away. On November 27, the court found Yim Pek Ha guilty of three 
counts of causing grievous harm to Nirmala Bonet, a domestic worker 
from Indonesia, in 2004. Yim was sentenced to three 18-year concurrent 
terms for burning Nirmala with boiling water and a hot iron that 
resulted in severe disfigurement.
    Child labor occurred in certain areas of the country.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children younger than age 14 but 
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 a child work more than six hours per day, more than six 
days per week, or at night.
    Most child laborers worked informally in palm oil plantations and 
the agricultural sector, helping their parents in the field; however, 
only adult members of the family received a wage. Child labor in urban 
areas was often 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 
had largely replaced child labor and that child labor provisions were 
vigorously enforced.

    e. Acceptable Conditions of Work.--No national minimum wage 
provision was in effect, as the Government preferred to allow market 
forces to determine wages. Prevailing market wages generally provided a 
decent standard of living for citizens, although not for all migrant 
workers. Wage councils, established by a 1947 act to provide a 
recommended minimum wage for sectors in which the market wage was 
deemed insufficient, had little impact on wages in any sector. 
According to MTUC officials, the wage councils had not met for more 
than 15 years, and their recommended wages have long been obsolete.
    Plantation workers generally received production-related payments 
or daily wages. Under a 2003 agreement, plantation workers received a 
minimum wage of RM350 (approximately $100) per month. Proponents of the 
agreement said that productivity incentives and bonuses raised the 
prevailing wage to RM700 ($200). Labor activists and human rights NGOs 
reported that debt bondage was practiced in some plantations, where 
whole families of ethnic Indians and migrant workers were placed into 
forced labor conditions.
    Under the Employment Act, working hours may not exceed eight hours 
per day or 48 hours per workweek of six 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 the standards, but a shortage of inspectors 
precluded strict enforcement.
    Illegal foreign workers employed by licensed outsourcing companies 
and provided to factories on an as-needed basis have no legal 
protection under the law and limited legal options for recourse in 
cases of abuse.
    Foreign migrant laborers, legal and illegal, often worked under 
difficult conditions, performed hazardous duties, had their pay 
withheld by employers, and had no meaningful access to legal counsel in 
cases of contract violations and abuse.
    In March a Hong Kong-based manufacturing company agreed to pay 
compensation to all the workers whose contracts were changed, where 
passports were confiscated, and who were paid lower salaries than 
originally promised. The company's action followed a public campaign 
highlighting the poor working conditions of 1,300 Vietnamese contract 
workers hired in 2007 to work in the company's garment factory in 
Penang. The 84 workers, who had been deported by immigration officials 
at the request of the company for allegedly leading a strike, were also 
paid compensation. The Government did not play a significant role in 
resolving this case.
    In August, following an investigative news report, a foreign-based 
company announced it had found major workers' rights violations at one 
of its Malaysian contract facilities. According to the company, 1,200 
workers at the local factory were subjected to squalid living 
conditions and garnished wages. It also found that the local company 
that owned the factory also withheld the passports of foreign workers, 
many of whom paid fees to agents in their home countries to obtain the 
factory jobs. The Government rejected reports that the foreign workers 
were mistreated and that their wages were garnished. The human 
resources minister said the company did not breach any labor laws.
    Foreign workers, particularly if they were illegal aliens, 
generally did not have access to the system of labor adjudication. 
However, 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 law. 
According to the results of a survey conducted during the year by the 
Federation of Malaysian Manufacturers, the average monthly wage of 
foreign workers engaged in the manufacturing sector was RM581 
(approximately $172).
    The Workmen's Compensation Act covers both local and foreign 
workers but provides no protection for foreign household workers. 
According to the Government, foreign household workers are protected 
under the Employment Act with regard to wages and contract termination. 
However, these workers are excluded from provisions of the act that 
would otherwise ensure that they received one rest day per week, an 
eight-hour workday, and a 48-hour workweek.
    Employers sometimes failed to honor the terms of employment and 
abused their household workers. Only household workers ages 25 to 45 
were allowed into the country, according to Immigration Department 
officials. They were not allowed to bring family members into the 
country while employed. The terms of the contract for Indonesian 
domestic workers, who made up approximately 90 percent of all foreign 
household workers, were often vague and open to abuse. The typical 
contract provided for a monthly salary of RM450-RM600 (approximately 
$132-176) but did not specify the number of working hours per day. NGOs 
reported that many Indonesian household workers were required to work 
14 to 18 hours a day, seven days a week. The contract for Filipina 
household workers included more comprehensive protections, but both 
groups suffered from a lack of education concerning their legal rights.
    Some workers alleged that their employers subjected them to inhuman 
living conditions, withheld their salaries, confiscated their travel 
documents, and physically assaulted them.
    Workers have the right to take legal action against abusive 
employers. According to NGOs the courts generally sided with employees 
and ruled that employers must pay all back salary and compensate 
plaintiffs for injuries, but long delays in court proceedings and 
rulings often precluded aggrieved foreign workers from seeking redress 
through the court system.
    Mechanisms for monitoring workplace conditions were inadequate. 
Private, for-profit labor agencies, themselves often guilty of abuses, 
were often responsible for the resolution of abuse cases. Bilateral 
labor agreements with Indonesia do not provide adequate protections for 
household workers.
    The Occupational Safety and Health Act covers all sectors of the 
economy except the maritime sector and the armed forces. 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 cooperate with 
employers to create a safe, healthy workplace. Employers or employees 
that violate the act are subject to substantial fines or imprisonment 
for up to five years, although the MTUC complained that some employers 
flouted the rules with impunity. 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 constitutional republic 
with a population of approximately 56,000. In November 2007 voters 
elected the parliament (Nitijela) in generally free and fair multiparty 
elections. The parliament elected Litokwa Tomeing president in January 
2008. Civilian authorities generally maintained effective control of 
the security forces.
    The Government generally respected the human rights of its 
citizens; however, prison conditions, government corruption, violence 
against women, child abuse, and lack of worker protections were areas 
of 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and there were 
no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards. Lighting, ventilation, and sanitation 
were inadequate, and there was no program to ensure regular access to 
outside activity. Security was poor.
    Some male juveniles were held together with the general prison 
population. There were no specialized prison facilities for female 
prisoners, including juveniles; they generally were held under house 
arrest. Some female offenders were held in a separate police 
substation. Pretrial detainees were not separated from the general 
prison population.
    There were no requests for 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.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police force, and the Government 
has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the police 
force during the year.

    Arrest and Detention.--Under the constitution and law, a warrant 
issued by a court is required for an arrest if there is adequate time 
to obtain one. The courts have interpreted this provision to exempt 
situations such as a breach of the peace or a felony in progress. There 
was a functioning system of bail, and 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. Detainees have the right to lawyers 
of their choice, and the Government provides a lawyer if the defendant 
is indigent. Families had access to detainees.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right.
    Defendants can choose either a bench trial or a four-member jury 
trial. In recent years defendants increasingly opted for jury trials, 
which had a higher rate of acquittals. Defendants enjoy a presumption 
of innocence and have the right to counsel. They may question 
witnesses, examine government-held evidence, and appeal convictions. 
The constitution extends these rights to all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is no separate 
judiciary in civil matters, but there are administrative remedies for 
alleged wrongs, including human rights abuses, as well as judicial 
remedies within the general court system.

    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.
    The plaintiff did not pursue further his 2007 suit against a police 
officer for allegedly destroying political signs.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. For 
most citizens, however, Internet access was limited by lack of public 
access points and high prices.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuse or discrimination against religious groups, including 
anti--Semitic acts. There were few known Jews in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The occasion did not arise during the year for government 
cooperation with the Office of the UN High Commissioner for Refugees or 
other humanitarian organizations in providing protection and assistance 
to internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    The law does not prohibit forced exile, but the Government did not 
employ it.

    Protection of Refugees.--The laws do not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
country is not a signatory of these instruments. The Government has not 
established a system for providing protection to refugees. In practice 
the country has almost no history of refugees or asylum seekers. The 
issue of providing protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened 
did not arise during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--Executive power is 
centralized in the president and his cabinet. The legislature consists 
of the Nitijela and a council of chiefs (Iroij), the latter of which 
serves a largely consultative function dealing with custom and 
traditional practices.
    The most recent elections for the Nitijela were held in November 
2007. Some ballot boxes were recounted on the initiative of the chief 
electoral officer, which caused accusations of impropriety and 
assertions that the boxes should have been reopened only with a court 
order. A team of independent election observers from the Pacific 
Islands Forum stated in its initial report that the election, while 
poorly managed, was conducted in a democratic manner, enabling voters 
to exercise their will freely. In February the Government appointed an 
independent commission of inquiry to investigate the election. In 
August the commission issued its report, which placed the blame for the 
marred election on interference in civil service hiring procedures by 
the then minister of internal affairs, which led to unqualified 
individuals managing the election process.
    Individuals and parties can freely declare their candidacy and 
stand for election. There are no restrictions on the formation of 
political parties, although many candidates prefer to run independently 
or loosely align with informal coalitions.
    There are no legal impediments to women's participation in 
government and politics; however, traditional attitudes of male 
dominance, women's cultural responsibilities and traditionally passive 
roles, and the generally early age of pregnancies made it difficult for 
women to obtain political qualifications or experience. There was one 
woman in the 33-member Nitijela, who served as minister of health, and 
four women in the 12-seat House of Iroij. There were a number of women 
in prominent appointed government positions, including the secretary of 
education, secretary of health, secretary of foreign affairs, director 
of the Social Security Administration, banking commissioner, and chief 
public defender.
    There were no members of minorities in the legislature.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials sometimes engaged in 
corrupt practices with impunity. Corruption was a serious problem. 
Budgetary problems persisted, but independent auditors gave the 
Government an unqualified audit for the year, noting improvements.
    Public officials are not subject to financial disclosure laws. The 
Attorney General's Office is responsible for investigating cases of 
alleged corruption, but few cases were prosecuted. No high-level 
elected official has ever been indicted for corruption. Voters tend to 
look to representatives for financial assistance, which pressured 
elected officials to use government authority to provide patronage to 
extended family members and supporters. This frequently led to 
allegations of nepotism in government hiring, especially for teachers, 
where studies found serious differences between teacher pay and 
qualifications. Officials also have used their positions to protect 
family members from prosecution for alleged wrongdoing.
    In September an employee of the largest construction firm in the 
country was appointed as chairman of a newly appointed Environmental 
Protection Agency (EPA) board. An EPA employee was fired from his 
position after he publicly commented on the conflict of interest 
between serving on the body tasked with regulating development and 
construction permits and being employed by the country's biggest 
developer. Subsequently the president's office ordered the attorney 
general to investigate the circumstances surrounding the firing; the 
matter was pending at year's end.
    The law does not provide specifically for public access to 
government information. Although there is no specific statutory basis 
for denying such information, the Government held that the burden for 
overcoming a denial of access rests with the public, and a court filing 
showing the reason the information is required was often necessary.
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 existed. The Government was not 
always responsive to the concerns of nongovernmental organizations 
(NGOs). The NGO Women United Together in the Marshall Islands (WUTMI) 
worked on women's, children's, and family issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination on the basis of sex, 
race, color, language, national or social origin, place of birth, and 
family status or descent, and the Government generally observed these 
provisions.

    Women.--Rape, including spousal rape, and assault are criminal 
offenses, and the Government enforced the law effectively. The law 
establishes penalties of up to 25 years' imprisonment for first-degree 
sexual assault. Spousal abuse was common; most assaults occurred while 
the assailant was under the influence of alcohol. According to a 2003 
WUTMI survey, more than 80 percent of women had been affected by 
spousal abuse. Violence against women outside the family also occurred, 
and women in urban centers risked assault if they went out alone after 
dark. Police generally responded to reports of rape and domestic 
assault, and the Government's health office provided counseling in 
reported spousal and child abuse cases. However, most observers 
believed that few sexual offenses were prosecuted, since cultural 
constraints discouraged victims from reporting such crimes to the 
police. During the year four of the 34 criminal cases brought before 
the High Court were sexual assault cases. At year's end two cases 
resulted in convictions and two were pending.
    The courts have promulgated rules designed to protect women filing 
rape charges during court testimony, and women's groups under the WUTMI 
umbrella continued to publicize women's issues and promote a greater 
awareness of women's rights.
    Prostitution is illegal but continued to occur, particularly on the 
Majuro and Kwajalein atolls. Organized prostitution on Majuro, run 
primarily by foreigners, was patronized by visiting fishermen and local 
residents. The Government prosecuted and expelled several persons who 
had overstayed their visas, could show no income or other evidence of 
support, and were alleged to be involved in prostitution.
    Sexual harassment is not prohibited by law, but it was not 
considered a widespread or serious problem.
    The inheritance of property and traditional rank is matrilineal, 
with women occupying positions of importance in the traditional system, 
although control of property often was delegated to male family members 
on behalf of female landowners. Several 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. The traditional authority 
exercised by women has declined with growing urbanization and movement 
of the population away from traditional lands.

    Children.--The Government showed a commitment to children's welfare 
through its programs of free education and health care, but these were 
not adequate to meet the needs of the country's increasing population.
    Education was universal and compulsory to age 18, and the national 
government did not charge school fees, but it was estimated that up to 
20 percent of children did not attend elementary 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 annual registration fee, 
which varied by school but averaged approximately $10 (the U.S. dollar 
is the national currency), or incidental expenses. The lack of school 
lunch programs in public schools was cited as another factor that 
contributed to absenteeism and poor performance.
    Child abuse and neglect are criminal offenses, but public awareness 
of children's rights remained low, and child abuse and neglect were 
considered increasingly common. Convictions for violation are 
punishable by up to 25 years in prison, depending on the degree of the 
offense. 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. Nonetheless, there 
were few reports or prosecutions.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, through, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution prohibits 
discrimination against persons with physical or mental disabilities. 
There was no apparent discrimination against persons with physical or 
mental 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 such persons. The 
Government provided minimal support for persons with mental 
disabilities.
    Persons who could be medically defined as psychotic were imprisoned 
with the general prison population and visited by a doctor. When prison 
officials protested the disruptions caused by this practice, other 
arrangements, such as house arrest, were made.
    There is no government agency specifically charged with protecting 
the rights of persons with disabilities. The attorney general is 
responsible for handling court cases involving complaints of 
discrimination against persons with disabilities, but no such cases 
were brought during the year.

    National/Racial/Ethnic Minorities.--Discrimination against Chinese 
nationals continued. The Government has been accused of selectively 
enforcing laws, especially immigration laws, against migrants from the 
People's Republic of China (PRC) while ignoring similar violations by 
other nationalities. There were allegations that immigration officers 
seized PRC passports from their holders at the airport. The owners of 
these passports were later detained by immigration enforcement officers 
and were unable to produce their documentation because their passports 
had been ``lost'' by officials at the airport. Police then arrested 
them for being in the country without documentation.
    Some ethnic Chinese reported being threatened or attacked based on 
their race and receiving regular racial slurs. In December a Japanese 
diplomat was assaulted outside a nightclub; his attacker later stated 
that he thought the diplomat was Chinese. Other ethnic Chinese stated 
it was common for taxi drivers to refuse to stop for Chinese 
passengers.

    Other Societal Abuses and Discrimination.--There were no accounts 
of societal violence based on sexual orientation. There are no enforced 
laws criminalizing homosexuality. In general homosexuals were accepted 
in society.
    There were no accounts of societal violence based on HIV/AIDS 
infection. There was some cultural stigma attached to HIV infection, 
but non-governmental organizations (NGOs) and the Government conducted 
campaigns to provide HIV/AIDS education and encourage testing for the 
disease.
Section 6. Worker Rights
    a. The Right of Association.--The law 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. With few major employers, there were few opportunities for 
workers to unionize, and the country had no history or culture of 
organized labor.
    The law does not provide for the right to strike, and the 
Government has not addressed this issue.

    b. The Right to Organize and Bargain Collectively.--There is no 
legislation concerning collective bargaining or trade union 
organization. Wages in the cash economy were determined by market 
factors in accordance with the minimum wage and other laws.
    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.
    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.--
There is no law or regulation setting a minimum age for employment of 
children. Children typically were not employed in the wage economy, but 
some assisted their families in fishing, agriculture, retailing, and 
other small-scale enterprises.

    e. Acceptable Conditions of Work.--The law establishes a minimum 
wage of $2.00 per hour for both government and private-sector 
employees. 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 often were several wage earners to support each family. The 
Ministry of Resources and Development adequately enforced the minimum 
wage regulations. Foreign employees and local 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.
    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, and 
the office periodically convenes board meetings that are open to the 
public. 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. 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 Government did not conduct 
any inspections of workplace health and safety conditions during the 
year. The law protects foreign workers in the same manner as citizens.

                               __________

                    MICRONESIA, FEDERATED STATES OF

    The Federated States of Micronesia is a constitutional republic 
composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Its 
population was approximately 108,000. The popularly elected unicameral 
legislature selects the president from among its four at-large senators 
(one from each state). There were no formal political parties. The most 
recent general elections for Congress, held in March 2007, were 
considered generally free and fair, despite technical problems and some 
allegations of fraud in Chuuk. In May 2007 Congress chose Emanuel Mori 
as president. Individual states enjoyed significant autonomy, and 
traditional leaders retained considerable influence in Pohnpei and Yap. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government generally respected the human rights of its 
citizens. Reported human rights problems included judicial delays, 
government corruption, discrimination against women, domestic violence, 
and child neglect.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and the 
Government generally respected these provisions; however, there were 
occasional reports of physical abuse by police or prison officials. In 
October authorities concluded an investigation, begun in 2007, of a 
corrections officer for sexual assault of an inmate. The officer was 
fired, but no criminal charges were filed. In another case police 
officers refused a detainee access to the toilet. After his release a 
court awarded the victim $4,000 (the U.S. dollar is the national 
currency) in a civil suit against the police. There were some other 
private lawsuits alleging police abuse during the year, but there were 
no reports that abusive behavior was systemic.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards; however, the underfunded 
corrections divisions of the Pohnpei and Chuuk State Public Safety 
Departments failed to provide nutritionally adequate meals to 
prisoners.
    There were no designated juvenile detention facilities; however, 
juvenile crime was rare, and the states seldom incarcerated juvenile 
offenders. Pretrial detainees usually were held with convicted 
prisoners.
    The Government permits prison visits by human rights observers, but 
none occurred during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Despite some 
improvement after Chuuk State's governor introduced measures in 2006 to 
reform the state's underqualified and politicized police force, law 
enforcement agencies in Chuuk remained staffed with friends and 
relatives of powerful individuals. Civilian authorities maintained 
effective control over the national, state, and local police forces, 
however, and the Government has effective mechanisms to investigate and 
punish abuse. There were no reports of impunity involving the police 
forces during the year.

    Arrest and Detention.--Warrants are required for arrests, and 
detainees were promptly advised of the charges against them. Detainees 
must be brought before a judge for a hearing within 24 hours of arrest, 
and this requirement was generally observed in practice. Most arrested 
persons were released on bail. Detainees had prompt access to family 
members and lawyers. 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.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    The formal legal system coexists with traditional, mediation-based 
mechanisms for resolving disputes and dealing with offenders at the 
local level.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public, although juveniles are allowed closed hearings. Judges conduct 
trials and render verdicts; there are no juries. Defendants enjoy a 
presumption of innocence and have the right to counsel, to question 
witnesses, to access government-held evidence, and to appeal 
convictions. The law extends these rights to all citizens. There is a 
national public defender system with an office in each state. 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 did 
not go to trial, and suspects routinely were released indefinitely. 
Bail, even for major crimes, usually was set at low levels.
    Underfunding of the court system and delays in most states in 
judicial appointments significantly impaired the judiciary's ability to 
function efficiently. The chief justice of Chuuk State estimated the 
state had a backlog of some 3,000 cases. Only Yap State reported no 
delays in its proceedings for criminal and civil cases. No state had 
case tracking or record-keeping systems in place at the courts. 
Consequently, some courts lost documents; this prevented cases from 
moving forward.
    The National Court also lacked sufficient funding and staffing to 
adequately uphold standards for the Bar. Two members of the Bar were 
convicted felons, who nevertheless represented persons in court.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. The Supreme Court is 
responsible for hearing lawsuits seeking damages for, or cessation of, 
human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution contains an express right to privacy 
that 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 ``expression'' but not specifically of ``speech'' or of 
``the press''; however, the Government generally respected each of 
these rights in practice.
    Individuals could criticize the Government publicly or privately 
without reprisal. The number of independent media outlets remained 
small, however, and there was a lack of consistently reliable access to 
broadcast media.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Cost and lack of infrastructure limited public Internet access on the 
outlying islands in each state. On the four principal islands, 
infrastructure was adequate, but cost still limited access. However, 
each state telecommunications office had Internet work stations 
available to the public 24 hours a day for reasonable hourly fees.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuse or discrimination against any religious groups. There 
were no known Jewish communities in the country and no reports of 
anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country. Foreign travel, emigration, and 
repatriation are addressed in other areas of the law. In practice none 
of these rights were restricted. The Government cooperated with the 
Office of the UN High Commissioner for Refugees and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, refugees, returning refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law does 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.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. There were no formal requests for refugee status or asylum 
during the year. In practice the Government provided protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens 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 and Political Participation.--The last general elections 
were held in March 2007 and were generally free and fair; however, 
there were serious discrepancies between national and state voter 
registries in Chuuk State that disenfranchised perhaps hundreds of 
voters. The reasons for the discrepancies appeared primarily technical, 
although there were some allegations of fraud.
    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 were no significant 
efforts to form organized political parties, and none existed. 
Candidates generally sought political support from family and allied 
clan groupings, religious groups, and expatriate citizen communities.
    Cultural factors in the male-dominated society limited women's 
representation in government and politics. Women were well represented 
in the middle and lower ranks of government at both the federal and 
state level but were scarcer in the upper ranks, although a woman held 
the cabinet-level position of secretary of health services. More women 
ran for elective office in 2007 than in previous elections. One woman 
retained her seat in the Pohnpei State legislature. Another won the 
primary election for Pohnpei lieutenant governor but lost in the 
general election.
    There was one woman in the 23-seat Pohnpei State legislature and no 
women in the other state legislatures or in the 14-member national 
legislature.
    The country is a multicultural federation, and both the legislature 
and the Government included persons from various cultural backgrounds.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government sometimes 
implemented these laws effectively; however, officials sometimes 
engaged in corrupt practices with impunity. Government corruption was a 
serious problem, particularly in Chuuk State. In May 2007 a former 
ambassador was charged with criminal conspiracy and violation of 
financial management regulations in connection with a passport fraud 
scheme at the country's embassy in the United States. His case was 
still pending at year's end, and he remained free on bail.
    A senator indicted in 2004 for corruption retained his seat in the 
March 2007 elections. However, in March 2008 he was convicted of 
felonious embezzlement of government funds. The constitution prohibits 
a felon from serving in Congress, and in April Congress accordingly 
expelled the senator.
    Public officials were not subject to financial disclosure laws. The 
Office of the Attorney General has primary responsibility for combating 
government corruption; however, during the year, the new attorney 
general, appointed in February, remained suspended from practice before 
the national Bar due to allegations of improper practices prior to 
assuming the position of attorney general. (His suspension dated from 
1999.)
    There is no national law providing for public access to government 
information. The speaker of Congress can declare any congressional 
documents confidential. State laws and practices varied. Legislative 
hearings and deliberations generally were open to the public. In 
Pohnpei the state legislature's proceedings were televised, and in Yap 
they were broadcast on FM radio. Information from other branches of 
government also was accessible; however, retrieval sometimes was 
delayed by the loss or mishandling of records and the need for lower 
level administrative personnel to verify that their release was 
permissible. There were no reported cases of government denial of 
access to media, but there were only a small number of media outlets, 
and their reporting resources were limited.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Although there were no official restrictions, no local groups 
concerned themselves exclusively with human rights. Several groups 
addressed problems concerning the rights of women and children, and the 
Government often cooperated with these groups.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law provide explicit protection against 
discrimination based on race, sex, or language, but societal 
discrimination against women remained a problem.

    Women.--Sexual assault, including rape, is a crime. There is no 
specific law against spousal rape. Sexual assault involving a dangerous 
weapon or serious physical or psychological harm to the victim is 
punishable by up to nine years' imprisonment in Chuuk and 10 years' 
imprisonment in the other three states, or a fine of up to $20,000 in 
Kosrae and $10,000 in the other states. If neither a dangerous weapon 
nor serious harm is involved, the assault is punishable in all states 
by up to five years' imprisonment or a fine. Few cases were reported or 
prosecuted, however. It was believed that such crimes were 
underreported due to social stigma. During the year new programs took 
place to train police officers to recognize the problem. According to 
police and women's groups, there were a number of reports of physical 
and sexual assaults against women, both citizens and foreigners, 
outside the family context. In this traditional society, unmarried 
women sometimes were considered to have invited such violence by living 
or traveling alone.
    Reports of spousal abuse, often severe, continued during the year. 
Although assault is a crime, there were 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 victims decided against initiating 
legal charges against a family member because of family pressure, fear 
of further assault, or belief that the police would not involve 
themselves actively in what is seen as a private family problem.
    Within the traditional extended family unit, violence, abuse, and 
neglect directed against spouses or children were deemed offenses 
against the family, not just the individual victims, and were addressed 
by a complex system of familial sanctions. However, traditional methods 
of coping with family discord were breaking down with increasing 
urbanization, monetization of the economy, and greater emphasis on the 
nuclear family. 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 illegal and was uncommon, although the police 
reported that a small number of prostitutes were available to fishermen 
temporarily docked in Pohnpei. National and state law enforcement 
authorities began an investigation into the problem as some local 
women, in addition to women from other Asian countries, reportedly 
engaged in prostitution; the investigation was ongoing at year's end.
    The law does not prohibit sexual harassment, and anecdotal reports 
suggested that it was pervasive.
    Women have equal rights under the law, including the right to own 
property, and there were no institutional barriers to education or 
employment. Women received equal pay for equal work. Societal 
discrimination against women continued, however, and cultural mores 
encouraged differential treatment for women. For example, in Yap State 
women are prohibited from entering a meeting hall during men's 
meetings. In Chuuk State women must bow in the presence of men during 
formal meetings. Nonetheless, women were active and increasingly 
successful in private business. There was an active national women's 
advisory council that lobbied the Government. Additionally, several 
small NGOs were interested in women's issues, particularly those 
associated with family violence and abuse. The Women's Interest Section 
of the Department of Health and Social Services worked to protect and 
promote women's rights.

    Children.--The Government was committed to children's welfare 
through its programs of health care and education, but these programs 
were inadequate to meet the needs of the population. The problem was 
exacerbated in an environment in which the traditional extended family 
unit was losing its importance.
    Although a compulsory education law requires all children to begin 
school at age six, not all did so. A shortage of qualified teachers and 
lack of textbooks hampered progress. Children were permitted to leave 
school when they reached the age of 14 or after completing the eighth 
grade.
    Child abuse is against the law, although the constitution provides 
for a right of parental discipline. Crime statistics indicated no 
complaints of, or arrests for, child abuse during the year, but 
cultural attitudes regarding parental discipline limited the reporting 
of abuse. There were some anecdotal reports of child abuse and neglect.

    Trafficking in Persons.--National and state laws do not 
specifically prohibit trafficking in persons. During the year a court 
in Guam convicted the owners of a local bar and their Chuukese 
accomplices for conspiracy to commit sex trafficking and enticement to 
travel for the purpose of prostitution. The bar owners admitted that 
they had recruited at least nine women from Chuuk to work as 
prostitutes from 2005 to 2007. Most local law enforcement officials 
believed that the case was isolated, reflecting economic problems in 
Chuuk, and that trafficking was not endemic in the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 in employment, access to health care, or provision of 
other state services; however, persons with disabilities usually did 
not seek employment outside the home.
    Neither laws nor regulations mandate accessibility to public 
buildings or services for persons with disabilities. The national 
Health Services Department is responsible for protecting the rights of 
persons with disabilities.
    Due to a lack of facilities for treating mentally ill persons, some 
persons with mental illnesses but no criminal background were housed in 
jails. The authorities provided separate rooms in jails for persons 
suffering from mental illness, and state health departments provided 
medications.

    National/Racial/Ethnic Minorities.--Each of the country's four 
states has a different language and culture. Traditionally the state of 
Yap had a caste-like social system with high-status villages, each of 
which had an affiliated low-status village. In the past those who came 
from low-status villages worked without pay for those with higher 
status. In exchange those with higher status offered care and 
protection to those subservient to them. The traditional hierarchical 
social system has been gradually breaking down, and capable people from 
low-status villages could rise to senior positions in society. 
Nonetheless, the traditional system continued to affect contemporary 
life. Persons from low-status backgrounds tended to be less assertive 
in advocating for their communities' needs with the Government. As a 
result, low-status communities sometimes continued to be underserved.
    The national and state constitutions prohibit noncitizens from 
purchasing land, and a 2002 law continued to limit the occupations that 
noncitizens could fill. The national Congress granted citizenship to 
non--Micronesians only in rare cases. There is no permanent residency 
status. For the most part, however, noncitizens shared fully in the 
social and cultural life of the country.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination against homosexuals or persons with 
HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Although the law does not 
specifically provide for the right of workers to join a union, under 
the constitution citizens have the right to form or join associations, 
and national government employees by law can form associations to 
``present their views'' to the Government without coercion, 
discrimination, or reprisals. No workers, including foreign workers, 
were prohibited from joining unions, but 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 no unions.
    There is no specific right to strike, but no law prohibits strikes.

    b. The Right to Organize and Bargain Collectively.--No law deals 
specifically with trade unions or with the right to collective 
bargaining. Since there were no unions, there were no reports of 
collective bargaining agreements during the year. Individual employers, 
the largest of which were the national and state governments, set 
wages.
    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 law does not specifically prohibit forced 
and compulsory labor by children, but there were no reports that such 
practices occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
National and state laws do not establish a minimum age for employment 
of children. In practice there was no employment of children for wages, 
but children often assisted their families in subsistence farming and 
in family-owned shops.

    e. Acceptable Conditions of Work.--The minimum hourly wage for 
employment with the national government was $2.64. All states had a 
minimum hourly wage for government workers: $2.00 in Pohnpei, $1.25 in 
Chuuk, $1.49 in Kosrae, and $1.60 in Yap. Only Pohnpei had a minimum 
wage for private sector workers: $1.35 per hour. 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 was standard practice) or prescribing standards of 
occupational safety and health. A federal regulation requires that 
employers provide a safe workplace, but the Department of Health had no 
enforcement capability, and working conditions varied in practice. 
There is no law for either the public or private sector that permits 
workers to remove themselves from dangerous work situations without 
jeopardy to their continued employment.
    Foreign workers were not subjected to abuse or deported without 
cause. They have the right to a hearing if facing deportation.
    Working conditions aboard some Chinese-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.

                               __________

                                MONGOLIA

    Mongolia, with a population of approximately three million, is a 
multiparty, parliamentary democracy. In the June parliamentary 
elections, the Mongolian People's Revolutionary Party (MPRP) increased 
its majority, and the minority Democratic Party (DP) also gained seats, 
while the smaller parties fared poorly under the newly instituted 
electoral system of multiseat constituencies. Independent observers 
considered the elections generally free and fair, with only minor 
irregularities. Civilian authorities generally maintained effective 
control of the security forces; however, in a few instances elements of 
the security forces acted without civilian oversight.
    The Government generally respected the human rights of its 
citizens; however, the following human rights problems were noted: 
alleged police involvement in the deaths and injuries of citizens 
during the July 1 postelection protest; police abuse of prisoners and 
detainees; impunity; poor conditions in detention centers; arbitrary 
arrest, lengthy detention, and corruption within the judicial system; 
continued refusal by some provinces to register Christian churches; 
secrecy laws and a lack of transparency in government affairs; domestic 
violence against women; international trafficking of persons; and child 
prostitution.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
abuse by security forces likely caused some deaths.
    On July 1, police allegedly shot and killed five persons and 
injured hundreds of others during a protest initiated by opposition 
party members accusing the MPRP of voter registration fraud that later 
turned violent. Eleven police officers were arrested for their possible 
role in the killings. At year's end the suspects were in detention, and 
an investigation was pending.
    On March 6, P. Ganbayar, a famous wrestler, died while in police 
custody. A police officer was convicted in connection with his death 
and sentenced to five years' imprisonment; press reports indicated that 
several other police were possibly involved in his death.

    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, 
especially in rural areas, occasionally beat prisoners and detainees. 
The use of unnecessary force--particularly to obtain confessions--in 
the arrest process reportedly was common.
    Nongovernmental organizations (NGOs) claimed that guards or police 
sometimes meted out cruel punishment to inmates at police stations, 
prisons, and detention centers. The NGOs stated that some inmates were 
burned with cigarettes, beaten with batons, or kicked in the shins with 
steel-toed boots.
    According to the National Human Rights Commission (NHRC), during 
the year the Special Investigations Unit (SIU) of the State Prosecutor 
General's Office (SPO) received 30 complaints from citizens against 
police officers suspected of torture, of which 27 were dismissed and 
three led to convictions. The NHRC stated that some incidents of 
torture occurred during investigations but not during imprisonment. The 
NHRC received five complaints against police and law enforcement 
officers concerning beatings, abuse, and confessions through torture. 
The five complaints were transferred to the SIU; none had resulted in 
arrests or charges by year's end. According to an NHRC survey of 569 
inmates, 94 percent declared that they had not faced torture, 
discriminatory treatment, or abuse.
    During the year the Government ended the practice of paying bonuses 
to police for closing cases. Human rights organizations had argued that 
the bonuses created an incentive for police to use abusive methods to 
coerce quick confessions rather than fully investigate criminal 
activity.
    In contrast with 2007, there were no reports that military 
superiors used force and humiliation against subordinates.

    Prison and Detention Center Conditions.--Conditions in pretrial 
detention and prison facilities generally were poor. Insufficient food, 
heat, and medical care threatened the health and life of inmates. 
However, NGOs reported that prison and detention center conditions 
improved during the year, particularly with regard to food quality and 
access to hot water. However, the food supply was often poor in the 
latter months of the year due to high inflation and a limited budget 
for prison administration. Overcrowding continued to be a problem, 
especially at detention centers, where cells sometimes held eight 
persons in a space intended for two or three. To address this problem, 
the Government built new prison facilities at two sites, and another 
detention facility was under construction at year's end.
    Many inmates entered prison infected with tuberculosis (TB) or 
contracted it in prison. The Government treated victims at prison, 
detention center clinics, or the Government's TB hospital. Generally, 
infected persons with active TB were isolated from the general prison 
population. NGOs stated the overall TB situation at prisons and 
detention centers improved slightly during the year.
    At military prisons soldiers held in solitary confinement were 
sometimes denied potable water, fed as infrequently as once a day, and 
denied access to fresh air, according to the NHRC.
    The NHRC monitored conditions at several prisons and a detention 
center. Monitors from the diplomatic and human rights community had 
limited access, and some monitors were accompanied by public servants 
who forbade them to speak privately with inmates. Domestic and foreign 
NGOs worked to improve conditions in prisons and detention centers. 
Some provided clothing, food, books, English-language instruction, and 
vocational training.

    d. Arbitrary Arrest or Detention.--The law provides that no person 
shall be arrested, detained, or deprived of liberty except by specified 
procedures; however, arbitrary arrest and detention occurred, in 
particular during the unrest that followed the June elections. General 
public awareness of basic rights and judicial procedures, including 
rights with regard to arrest and detention, was limited, especially in 
rural areas.

    Role of the Police and Security Apparatus.--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). The MOD oversees national defense and assists in 
providing domestic emergency assistance and disaster relief, in support 
of internal security forces. National police operate under the MOJHA, 
as does the Border Force. The GIA, formerly the State Security Agency, 
is responsible for both internal security and foreign intelligence 
collection and operations. The GIA's civilian head reports directly to 
the prime minister. The SPO supervises undercover activities of the 
police and the intelligence agencies.
    There was general agreement that corruption in law enforcement 
agencies was endemic. The Anti--Corruption Agency, established in 2007, 
reportedly investigated some police officers but did not make public 
the results of any such investigations. There were no major changes to 
prevent police from abusing detainees or punish those who did so. 
However, the Government made efforts to improve the training and 
professionalism of the security forces.
    Laws and mechanisms to investigate police abuses remained 
inadequate. The SIU investigates allegations of misconduct by law 
enforcement personnel, prosecutors, and members of the judiciary. 
During the year the SIU received 519 complaints against law enforcement 
officials, opened cases on 170 of these complaints, refused to open a 
case on 255 complaints, and transferred 71 complaints to other 
agencies. The subjects of 64 percent of the complaints were police 
officers, 14 percent were investigators, 8 percent were GIA officers, 
and 3 percent were judges. According to the SIU, police frequently 
blocked or impeded the work of its investigators, particularly when the 
targets of investigation were high-ranking police officials.

    Arrest and Detention.--A judge-issued warrant is required prior to 
the arrest of a suspect; however, arrest without a warrant was believed 
to be fairly common. A ``pressing circumstances'' exception allows 
police to arrest suspects without obtaining a warrant, and this was 
widely used.
    Under the criminal code, police must request a court order to 
continue holding a suspect after 24 hours. If permission is obtained, 
police may hold suspects for up to 72 hours before a decision is made 
to prosecute or release them. If a court order is not granted within 72 
hours, the suspect must be released.
    Detainees generally were informed promptly of the charges against 
them. The maximum pretrial detention with a court order is 24 months; 
an additional six months are allowed for particularly serious crimes 
such as murder. Detainees are allowed prompt access to family members. 
Detainees may be released on bail with the approval of a prosecutor.
    A detainee has the right to a defense attorney during pretrial 
detention and all subsequent stages of the legal process. If a 
defendant cannot afford a private attorney, the Government must appoint 
an attorney. Despite this legal provision, many detainees were unaware 
of their right to a government-appointed attorney and did not assert 
it. There was a shortage of public-funded and pro bono attorneys for 
low-income defendants, particularly outside Ulaanbaatar. To address the 
shortage, the Government, working with the UN Development Program, 
placed an attorney in each of the provincial capitals and the districts 
of Ulaanbaatar to provide free legal advice.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, corruption and outside influence were 
problems. Bribery could contribute to getting a case dismissed or a 
recommended sentence reduced, and blackmail and identity fraud were 
also a source of corruption. During the year two misconduct cases were 
opened against judges; at year's end the SIU was investigating one case 
and had transferred the second to another agency.
    The judiciary consists of district and provincial courts as well as 
the Supreme Court and Constitutional Court. District courts primarily 
hear routine criminal and civil cases, while more serious cases, such 
as murder, rape, and grand larceny, are sent to the provincial courts. 
Provincial courts also serve as the appeals court for lower court 
decisions. The 17-member Supreme Court is the court of final appeal, 
hearing appeals from lower courts and cases involving alleged 
misconduct by high-level officials. The Constitutional Court, which is 
separate from criminal courts, 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.

    Trial Procedures.--The law provides for the right to a fair public 
trial by a judge. Juries are not used. Closed proceedings are permitted 
in cases involving state secrets, rape cases involving minors, and 
other cases as provided by law. Defendants may question witnesses, 
present evidence, and appeal decisions. The law provides that 
defendants are innocent until proven guilty.
    Despite these provisions, trial procedures were often plagued by 
legal inconsistencies. There was a shortage of state-provided defense 
lawyers, and many defendants lacked adequate legal representation. 
Confessions, many of which were coerced by police, were often relied 
upon in convicting defendants.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Corruption and outside 
influence were problems in the civil judicial system, and enforcement 
of court orders was also a problem. Although victims of police abuse 
were able by law to sue for actual damages, few were able to actually 
claim compensation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice. However, in 2007 
the head of the GIA, with the knowledge and consent of the prime 
minister, directed the monitoring and recording of telephone 
conversations. The extent of such monitoring was unknown. Police 
wiretaps must be approved by the SPO and can be conducted for up to two 
weeks at a time.
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. Government interference with licensing and indirect 
intimidation of the press, particularly broadcast media, was evident.
    During the July 1-4 state of emergency, only state-run public 
television and radio were allowed to broadcast. All private television 
and radio stations resumed normal operations thereafter, except those 
with headquarters that had sustained damage during the riot.
    A variety of newspapers and other publications represented both 
major political parties and independent viewpoints. The MOJHA licensed 
newspapers, television and radio broadcasters, and magazines. The media 
law bans censorship of public information and any legislation that 
would limit the freedom to publish and broadcast; however, perceived 
self-censorship continued to be a problem. The Government monitored all 
media for compliance with antiviolence, antipornography, antialcohol, 
and tax laws.
    Violence against journalists occurred during the July 1 events. 
According to the NGO Globe International, six journalists were 
assaulted, although it was not clear if the attackers were rioters, 
police, or both. Globe indicated that no official investigation of 
these attacks was conducted.
    While there was no direct government censorship, the press alleged 
indirect censorship in the form of government and political party 
harassment, such as frequent libel complaints and tax audits. The law 
places the burden of proof on the defendant in libel and slander cases. 
Both libel and ``insult'' were criminal charges.
    Observers stated that many newspapers were affiliated with 
political parties or owned (fully or partly) by individuals affiliated 
with political parties, and that this affiliation strongly influenced 
the published reports. The observers also noted that underpaid 
reporters frequently demanded payment to cover or fabricate a story.
    Broadcast media were similarly not free of political interference. 
A lack of transparency during the tendering process and lack of a fully 
independent licensing authority inhibited fair competition for 
broadcast frequency licenses and benefited those with political 
connections. At the provincial level, local government control of the 
licensing process similarly inhibited the development of independent 
television stations.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
According to the Information and Communication Technology Agency, there 
were 35 Internet service providers in the country, and all provinces 
had Internet connectivity. Internet access continued to expand during 
the year to remote areas as a result of government and private-sector 
efforts.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.
    During the July 1-4 state of emergency, no public assembly was 
allowed. Afterwards, several small groups protested unrelated matters 
without incident.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    All NGOs, including religious groups, were required to register 
with the MOJHA. Local assemblies approve applications at the local 
level, and then MOJHA issues the registration once local approval is 
obtained. Registration and reregistration were burdensome for religious 
groups and could take years. The length and documentation requirements 
of the process reportedly discouraged some organizations from applying. 
Some provincial authorities reportedly used the registration process to 
limit the number of places for religious worship; however, this 
practice was not universal.
    According to NGOs the Government's approval of places of worship 
was not a straightforward process. No religious organization was 
prevented from acquiring land on which to build a house of worship, but 
to circumvent bureaucratic problems, in many cases land was first 
acquired by an individual and then transferred to the organization 
following construction of the house of worship. Some places of worship 
avoided being authorized as such because of bureaucratic difficulties 
and instead characterized themselves as a fitness center or a cultural 
center. Eleven places of worship registered for the first time during 
the year-six Christian and five Buddhist. No places of worship were 
known to have been refused registration in Ulaanbaatar.
    In Tov Province, near Ulaanbaatar, authorities continued routinely 
to deny registration to churches. At year's end Tov authorities had not 
made any public response, and no churches were registered there during 
the year.
    In contrast with 2007, there were no reports that the Government 
monitored the Kazakh community for extremist or separatist activity.
    The law does not prohibit proselytizing, but it forbids the use of 
incentives, pressure, or ``deceptive methods'' to introduce religion. 
Some Muslims complained that foreign (Christian) missionaries were 
using material goods to attract poorer Muslims to church activities.

    Societal Abuses and Discrimination.--Societal attitudes were 
generally tolerant, and there was little overt or egregious 
discrimination based on religion.
    The number of resident Jews was very small, and there were no 
reports of anti--Semitic acts during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--Although the country is not a party to the 
1951 UN Convention relating to the Status of Refugees and its laws do 
not provide the granting of asylum or refugee status, the Government 
provided protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened. In 2007 the 
Government developed a system for providing protection to refugees, 
referring to them as ``humanitarian cases'' rather than refugees. 
During the year 335 such ``cases'' entered from China.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens exercised this right in practice through 
periodic elections held on the basis of universal suffrage. The law 
limits the president to two four-year terms. Parliamentary and local 
elections are held separately, also for four-year terms.
    The law provides that the majority party in parliament, in 
consultation with the president, shall appoint the prime minister. The 
demarcation of powers between the president and the prime minister has 
been the subject of several constitutional amendments and court 
challenges. Members of parliament may serve as cabinet ministers. There 
is no requirement that the prime minister or other ministers be a 
member of parliament.

    Elections and Political Participation.--Independent observers 
described the June parliamentary elections and the October local 
elections as generally free and fair. However, in several provinces and 
city districts, the outcome of the June election was disputed in court. 
One district in Ulaanbaatar had not resolved its dispute by the end of 
the year, leaving one of its parliamentary seats vacant. The June 
parliamentary elections increased the MPRP's majority. The minority DP 
also gained seats, while the smaller parties fared poorly under the 
newly instituted electoral system of multiseat constituencies. Local 
elections occurred in October with only minor reports of irregularities 
and no disorder. Three of the nine districts within Ulaanbaatar did not 
obtain the minimum required voter turnout and were required to vote 
again on November 30.
    The potential for bias within the General Election Commission (GEC) 
was a concern, particularly for smaller political parties. Six of the 
nine commissioners belonged to the same party prior to becoming 
commissioners and cancelling their memberships, as required. In 
response to criticism of his handling of the parliamentary election 
results, GEC leader Battulga submitted a resolution to parliament to 
have the GEC resign en masse; however, parliament refused to consider 
the resignations, and the GEC members retained their positions through 
the end of the year.
    Political parties could operate without restriction or outside 
interference. There were 17 political parties registered with the 
Supreme Court. No party disbanded or lost its registration during the 
year.
    There were no legal impediments to the participation of women or 
minorities in government and politics, but their numbers remained 
small. There were three women in the 76-member parliament. Two of the 
15 cabinet ministers were women, as were seven of the 17 Supreme Court 
justices. Women and women's organizations were vocal in local and 
national politics and actively sought greater female representation in 
government policymaking.
    There were three ethnic Kazakhs serving in parliament. There were 
no members of minorities serving in the cabinet or the Supreme Court.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the law effectively, and officials sometimes engaged 
in corrupt practices with impunity. Corruption was perceived to be a 
serious and continuing problem at all levels of government, 
particularly within the police, judiciary, and customs service. Varying 
degrees of corruption at most levels of government resulted in a 
blurring of the lines between the public and private sectors. Conflicts 
of interest were frequent. The problem was compounded by ineffective 
governmental oversight bodies and media that frequently failed to 
expose corruption.
    The criminal code proscribes the acceptance of bribes by officials 
and provides for fines or imprisonment of up to five years. It also 
outlaws offering bribes to government officials. However, corruption-
related arrests and convictions were rare.
    The Anti--Corruption Agency (ACA) was responsible for investigating 
corruption cases. The ACA declared that nearly all of the country's 
most senior officials had complied with the requirement to declare 
their assets and income (and those of relatives, including spouses, 
parents, children, and live-in siblings). The ACA is also required to 
review the asset declarations of public servants, including police 
officers and members of the military, and this was carried out in 
practice.
    Government and parliamentary decision making was not transparent, 
and public legislative hearings were rare. Meetings of the standing 
committees of parliament were not open to the press or the public. 
General sessions of parliament were generally open to the public, 
although not in all cases. The far-reaching State Secrets Law inhibited 
freedom of information and government transparency while also 
undermining accountability. The law also hinders citizen participation 
in policy discussions and government oversight.
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 assistance from the UN Development Program, a local 
representative in each provincial assembly monitored human rights 
conditions, among other duties.
    The NHRC is responsible for monitoring human rights abuses, 
initiating and reviewing policy changes, and coordinating with human 
rights NGOs. The NHRC consists of three senior civil servants nominated 
by the president, the Supreme Court, and parliament for terms of six 
years; it reports directly to parliament. In its reports the NHRC 
repeatedly 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 related 
to human rights.
    The Government allowed midlevel civil servants to receive human 
rights training through seminars, conferences, and lectures.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law states that ``no person shall be discriminated against on 
the basis of ethnic origin, language, race, age, sex, social origin, or 
status,'' and that ``men and women shall be equal in political, 
economic, social, cultural fields, and family.'' The Government 
generally enforced these provisions in practice.

    Women.--Rape and domestic abuse are illegal; however, there is no 
law specifically prohibiting spousal rape, and rape remained a problem. 
During the year there were 189 such cases reported to the research 
center of the Supreme Court. However, NGOs alleged that many rapes were 
not reported and claimed that police procedures were stressful to 
victims and tended to discourage reporting of the crime. Social stigma 
also lowered the number of cases reported.
    According to NGOs police referred for prosecution only a minority 
of rape cases, largely claiming that there was insufficient evidence. 
Post-rape medical examinations were available, and results were 
occasionally used as evidence; however, such exams were not always 
available in remote areas. NGOs stated that negative attitudes among 
some police resulted in some cases not being referred to prosecutors.
    The criminal code outlaws sexual intercourse through physical 
violence (or threat of violence) and provides for sentences of up to 
five years. If the victim is injured or tortured, or is a minor, the 
penalty can reach five to 10 years. Such a crime inflicting death, 
victimizing a child under 14 years of age, or committed by a recidivist 
may result in imprisonment for 15 to 25 years or application of the 
death penalty. Gang rape is punishable by death.
    Domestic violence against women was a serious problem, particularly 
among low-income rural families. The law requires the police to accept 
and file complaints, visit the site of incidents, interrogate offenders 
and witnesses, impose administrative criminal penalties, and bring 
victims to refuge. It also provides for sanctions against offenders, 
including expulsion from the home, prohibitions on the use of joint 
property, prohibitions on meeting victims and on access to minors, and 
compulsory training aimed at behavior modification. However, this level 
of service was rarely provided because the police lacked sufficient 
funding and, according to women's NGOs, often were reluctant to 
intervene in what was viewed as an internal family matter.
    There were no reliable statistics regarding the extent of domestic 
abuse; however, the National Center Against Violence (NCAV) reported 
that 32 persons were convicted of this offense during the year. The 
NCAV stated that it received 405 requests for temporary shelter at its 
five locations and provided psychological counseling to 278 victims and 
legal counseling to 524 victims in Ulaanbaatar.
    There was increasing public and media discussion of domestic 
violence, including spousal and child abuse. However, victims were 
reluctant to come forward, in order to avoid ``airing their family's 
dirty laundry.'' A vast majority of the perpetrators were men.
    Divorced women secured alimony payments under the family law, which 
details the rights and responsibilities regarding alimony and 
parenting. The former husband and wife evenly split property and assets 
acquired during their marriage. However, women's activists said that 
because businesses were usually registered under the husband's name, 
ownership was increasingly transferred automatically to the former 
husband.
    Prostitution is illegal, as is public solicitation for prostitution 
and organizing prostitution. Women's activists claimed that in 
Ulaanbaatar there were hundreds of brothels posing as saunas, massage 
parlors, and hotels. Some were occasionally raided by police. Some 
women worked abroad in the sex trade; an unknown number of them were 
trafficked.
    There are no laws against sexual harassment. NGOs alleged there was 
a lack of awareness within the society on what constituted 
inappropriate behavior, making it difficult to gauge the actual extent 
of the problem. An NHRC survey found that one of every two employed 
women under the age of 35 identified herself as a victim of workplace 
sexual harassment.
    The law provides men and women with equal rights in all areas, 
including equal pay for equal work and equal access to education. In 
most cases these rights were enjoyed in practice. Women's activists 
stated that in at least two areas-information technology and mining--
women were paid less than men for the same work.
    Women represented approximately half of the workforce, 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 
business, 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 the National Gender Center under the Prime 
Minister's Office, a national council to coordinate policy and women's 
interests among ministries and NGOs, and a division for women and youth 
issues within the Ministry of Social Welfare and Labor. There were 
approximately 40 women's rights groups concerned with issues such as 
maternal and child health, domestic violence, and equal opportunity.

    Children.--The Government remained committed to children's rights 
and welfare, although lacked the capacity to keep pace with the 
educational, health, and social needs of this rapidly growing segment 
of the population. The Government provided children with compulsory, 
free, and universal public education through the age of 18; however, 
family economic needs and state budgetary troubles made it difficult 
for some children to attend school.
    Child abuse took two main forms: violence and sexual abuse. 
According to the Governmental National Center for Children (NCC), both 
problems were most likely to occur within families.
    Commercial sexual exploitation of children--involving those under 
18 years of age--was a problem. According to the Gender Equality Center 
there were instances of teenage girls kidnapped in Ulaanbaatar and 
forced to work as prostitutes. Police raids freed some victims; 
however, NGOs claimed other police officers worked with procurers and 
brothel keepers.
    Although society has a long tradition of raising children in a 
communal manner, societal and familial changes orphaned many children. 
Child abandonment was a problem; other children were orphaned or ran 
away from home as a result of abuse, much of it involving alcohol.
    According to the NCC, there were 48 international and domestic 
organizations working on children's issues. These organizations 
typically operated two or three shelters. There were two government-
funded but privately owned and administered shelters, one for children 
up to age three and the other for children ages three to 16. 
Approximately 1,500 children lived in these shelters countrywide, while 
60 children were estimated to be living on the street.

    Trafficking in Persons.--The law specifically prohibits the ``sale 
or purchase of humans'' and provides for imprisonment of up to three 
years, or in egregious cases, up to 15 years; however, it does not 
cover the recruitment, transportation, or harboring of trafficking 
victims, and the country remained a source of internal and 
transnational trafficking. In some cases trafficking was carried out 
for sexual and labor exploitation.
    According to a 2006 NGO study, women between 19 and 35 years of age 
were most vulnerable to trafficking, particularly those with low 
incomes or unemployed. Most victims worked abroad in commercial sexual 
exploitation, often in China, to which citizens can travel without 
visas. However, cases in destinations such as South Korea, Japan, 
Malaysia, Turkey, and Switzerland were alleged or confirmed. Local NGOs 
cited an increase in internal sex trafficking, including cases in which 
girls ages 15 to 17 were abducted, transported to a hotel, and forced 
into prostitution. The Gender Equality Center operated a trafficking 
hot line that received 1,500 calls during the year and provided 
information and counseling to 700 persons. The center and other NGOs 
also helped Mongolians who had ended up in debt-bondage situations 
abroad. There were also reports of involuntary servitude by Mongolian 
women who entered into foreign marriages, largely with South Korean 
men.
    The criminal code provides for three years' imprisonment, fines, or 
forced labor for a person convicted of the sale or purchase of humans. 
The sentence can reach 10 years if the crime is committed against a 
minor or against two or more persons, or if it is for the purpose of 
forced prostitution. If the same crime is committed by an organized 
criminal organization or inflicted ``grave harm,'' it can be punishable 
with a prison term of 10 to 15 years. During the year police opened 
nine trafficking cases, one of which resulted in a conviction and one a 
dismissal; the others remained open.
    The Government took steps to prevent trafficking, identify and 
prosecute offenders, and assist victims. During the year the 
International Organization for Migration (IOM) and other NGOs provided 
trafficking-related training to immigration officials, police 
investigators, prosecutors, railway police, GIA officials, and 
officials of the Ministries of Foreign Affairs and Social Welfare and 
Labor, among others. In addition foreign law enforcement experts 
trained local police on techniques for investigating trafficking and 
developing cases. During the year 58 trafficking victims located abroad 
were repatriated. According to government officials, 41 of these 
victims were repatriated due to cooperation between the Criminal Police 
Office, State Investigation Office, police office in Zamiin--Uud County 
on the Chinese border, and Gender Equity Center.
    During the year the country became a party to the Palermo Protocol 
to Prevent, Suppress, and Punish Trafficking in Persons, especially 
Women and Children, and joined the IOM. In February parliament passed 
amendments to the criminal code that expanded the range of acts 
considered as trafficking and increased penalties. Enforcement also 
improved; the attorney general created the Office for the Prosecution 
of Trafficking and Corruption to handle the increase in victims 
requesting assistance. Prosecutors increasingly chose to file 
trafficking charges under the robust Article 113 of the criminal code 
rather than under Article 124, Organized Prostitution, which carries 
lighter sentences.
    NGO representatives reported that protections for victims and 
witnesses were extremely limited. Social stigma inhibited victims from 
telling their stories. However, during the year the Gender Equity 
Center opened the first shelter in the country for the protection of 
trafficking victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The labor law prohibits discrimination 
in employment and education against persons with disabilities. The Law 
on Social Protection of the Disabled gives provincial governors and the 
Ulaanbaatar governor the responsibility to implement measures to 
protect the rights of persons with disabilities. However, NGOs claimed 
that the Government did little to execute such measures, and in 
practice most persons with disabilities faced significant barriers to 
employment, education, and participation in public life.
    According to the National Statistics Office, only one in four 
persons with disabilities was employed. The Government provided tax 
benefits to enterprises that hired persons with disabilities, whom some 
firms hired exclusively. Persons injured in industrial accidents had 
the right to reemployment when ready to resume work, and the Government 
offered free retraining at a central technical school.
    There is no general law mandating access to buildings for persons 
with disabilities, and no government buildings were accessible to such 
persons. Public transportation was also largely inaccessible to persons 
with impaired mobility. In 2007 the NHRC reported that 60 percent of 
children with disabilities had never visited a cultural institution due 
to lack of accessibility, inadequate transportation, or other barriers.
    There were several specialized schools for youth with disabilities, 
but these students could also attend regular schools. However, in 
practice children with disabilities had limited access to education. 
The Mongolian National Federation of Disabled Persons' Organizations 
(MNFDPO) estimated that of the country's 42,000 children with 
disabilities, nearly two-thirds failed to complete secondary education. 
Schools for the disabled could accommodate only 2,200 children.
    The law requires the Government to provide benefits according to 
the nature and severity of the disability. Although the Government 
generally provided such benefits, the amount of financial assistance 
was low, and it did not reach all persons with disabilities. According 
to the MNFDPO, approximately 42,000 persons received an allowance from 
the Government's Social Welfare Fund, and 46,000 persons received 
allowances from the Social Insurance Fund. The remaining 20,000 persons 
with disabilities were unable to draw an allowance from the Government.
    Persons with disabilities could not fully participate in the 
political process. Little accommodation was made for persons with 
disabilities at polling stations, and there were no such 
representatives in parliament. According to an MNFDPO survey, 80 
percent of all eligible voters with disabilities voted by guessing, 
since they were not able to obtain adequate information about 
candidates or their parties' platforms. Persons with sight and hearing 
disabilities also had difficulty remaining informed about public 
affairs due to a lack of accessible broadcast media.
    During the year the MNFDPO worked with the Government to encourage 
vocational education centers to work with disabled children so that 
they could eventually be capable of running small businesses. There was 
one such business incubator under MNFDPO located in Ulaanbaatar.

    National/Racial/Ethnic Minorities.--The constitution states that 
``all persons lawfully residing within Mongolia are equal before the 
law and the courts.'' However, some foreign businesspersons resident in 
the country complained that government tax and licensing authorities 
subjected them to much greater scrutiny than domestic competitors. 
Other foreign entrepreneurs complained privately that they were 
disproportionately targeted for shakedowns by corrupt government 
officials, including police.
    A small number of nationalist and xenophobic groups threatened 
Chinese residents' personal safety and businesses, as well as the 
safety of any Mongolian women who associated with Chinese men. During 
the year there were several credible reports of violence against 
Chinese residents. The Government took steps to protect the rights of 
Chinese residents. The frequency of such attacks fell during the year 
compared with 2007.
    Chinese construction workers, when away from their work sites, were 
sometimes subjected to hostility and suspicion from host-country 
citizens. However, during the year the inflammatory media reporting 
that increased the scrutiny of Chinese workers in the past was less 
evident. The Chinese government's decision not to require visas of 
Mongolians in the period preceding the Olympics also generated 
favorable press reports and good will.

    Other Societal Abuses and Discrimination.--Homosexuality is not 
specifically proscribed by law. However, Amnesty International and the 
International Lesbian and Gay Association criticized a section of the 
penal code that refers to ``immoral gratification of sexual desires,'' 
arguing that it could be used against homosexuals. Homosexuals reported 
harassment by police but remained divided over the overall level of 
societal discrimination.
    There was no official discrimination against those with HIV/AIDS; 
however, some societal discrimination existed.
Section 6. Worker Rights
    a. The Right of Association.--The law entitles all workers to form 
or join unions and professional organizations of their choosing, and 
the Government respected this right in practice. However, some legal 
provisions restrict these rights for groups such as foreign workers, 
public servants, and workers without employment contracts.
    Union officials estimated that union membership declined from 
220,000 in 2007 to 209,000 during the year, representing approximately 
one-quarter of the workforce. Approximately 400,000 workers were self-
employed; such persons or those who 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.
    The law provides for the right to strike, but the Confederation of 
Mongolian Trade Unions reported there were no strikes during the year. 
However, the confederation organized nationwide demonstrations in April 
and September to call for government action against inflation, a higher 
minimum wage, and improvements to the social insurance system.
    If an employer fails to comply with a recommendation by a majority 
of workers, with union involvement or without, employees may exercise 
their right to strike. The Government prohibits third parties from 
organizing a strike.
    Persons employed in essential services, which the Government 
defines as occupations critical for national defense and safety, 
including police, utility, and transportation, do not have the right to 
strike.

    b. The Right to Organize and Bargain Collectively.--The law 
regulates relations among 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 were referred to intermediaries 
and arbitrators for reconciliation.
    The law protects the right of workers to participate in trade union 
activities without discrimination. However, the Government does not 
allow intervention in collective bargaining by third parties.
    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, 
there were isolated reports that such practices occurred.
    The NHRC stated that military officials reportedly subjected 
subordinates to forced labor, such as cutting firewood, digging 
ditches, or working at construction sites owned by the superiors' 
friends or relatives.
    An unknown number of North Korean laborers were employed in the 
country, and there was concern that some North Korean workers were not 
free to leave their employment or complain about unacceptable work 
conditions. Possible pressure on family members in North Korea raised 
additional concerns that the labor of these workers was not fully 
voluntary.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits children under the age of 16 from working, although those 
who are 14 or 15 years of age may work up to 30 hours per week with 
parental consent. Those under age 18 may not work at night, engage in 
arduous work, or work in hazardous occupations such as mining and 
construction. Labor inspectors assigned to regional and local offices 
were responsible for enforcement of these prohibitions, as well as all 
other labor regulations. 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, 
in unauthorized small-scale mining, and herding animals. Widespread 
alcoholism and parental abandonment made it necessary for many children 
to have an income to support themselves. An NCC report placed the 
number of children in the labor force as high as 65,000, although up to 
90 percent of these children were involved in traditional animal 
husbandry, while only 1 percent was estimated to be involved in mining.
    International organizations continued to voice concern over child 
jockeys in horse racing. According to the NHRC reports, more than 
30,000 child jockeys competed in horse races each year. Children 
commonly learn to ride horses at age four or five, and young children 
traditionally serve as jockeys during the national Naadam festival, 
where horse races range from two to nearly 20 miles.
    In addition to the Naadam festival, human rights groups expressed 
concern over the rise and proliferation of commercial horse racing 
involving child jockeys. Such races often occurred during the winter, 
when temperatures average minus 13 degrees Fahrenheit.

    e. Acceptable Conditions of Work.--The legal minimum wage rose in 
January from 90,000 tugrik (approximately $76) per month to nearly 
108,000 tugrik ($94). This minimum wage, which applied to both public 
and private sector workers and was enforced by the Labor Ministry, did 
not provide a decent standard of living for a worker and family. Some 
workers received less than the minimum wage, particularly at smaller 
companies in rural areas.
    The standard legal workweek is 40 hours, and there is a minimum 
rest period of 48 hours between workweeks. For persons 14 and 15 years 
of age, the workweek is 30 hours; for those 16 and 17 years of age, it 
is 36 hours. 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 
from working overtime by law. These laws generally were enforced in 
practice.
    There is no law mandating sick leave for workers. According to the 
Government, employers set their own rules in this regard.
    Laws on labor, cooperatives, and enterprises set occupational 
health and safety standards; however, enforcement of the standards was 
inadequate. 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. According 
to the National Confederation of Mongolian Trade Unions, 50 to 60 
workers died each year in work-related accidents. Workers have the 
right to remove themselves from situations that endanger health or 
safety without jeopardy to their employment, and authorities enforced 
this right.
    Foreign workers, a majority of whom were Chinese construction 
workers, generally enjoyed the same protections as citizens, despite 
often working in low-wage jobs and living under Spartan conditions. 
However, the Ministry of Social Welfare and Labor did not monitor the 
working or living conditions of an unknown number of North Korean 
laborers, who were employed primarily in the construction and service 
industries.

                               __________

                                 NAURU

    Nauru is a constitutional republic with a population of 
approximately 10,700. The most recent parliamentary elections, held on 
April 26, were generally free and fair. There were no formal political 
parties. The unicameral parliament elects one of its members to be the 
president, who is both chief of state and head of government. Marcus 
Stephen has served as president since December 2007. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. Few human rights problems 
were reported.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and there were 
no reports that government officials employed them.

    Prison and Detention Center Conditions.--The country's only prison 
generally met international standards but was damaged by fire in March. 
The Government undertook repairs, which were continuing at year's end. 
After the fire inmates were moved to makeshift accommodations on the 
prison grounds but subsequently were moved back into the prison 
building.
    The Government affirmed it would permit visits by independent human 
rights observers, but none were reported. Prison visits by church 
groups and family members were permitted.
    In February Australia transferred out of Nauru all remaining 
detainees at the refugee processing and detention center that had 
operated in Nauru since 2001 and in March closed the center.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police, and the Government has 
effective mechanisms to investigate and punish abuse and corruption. 
There were no reports of impunity involving the security forces during 
the year.

    Arrest and Detention.--Arrests are made openly, based either on 
warrants issued by authorized officials or for proximate cause by a 
police officer witnessing a crime. Police may hold a person for no more 
than 24 hours without a hearing before a magistrate. There was a 
functioning bail system. The law provides for accused persons to have 
access to legal assistance, but in practice qualified assistance was 
not always readily available. Detainees were allowed prompt access to 
family members.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Procedural safeguards are based on English common law. They include the 
presumption of innocence; the right to be informed promptly of charges; 
a guarantee of adequate time and facilities to prepare a defense; the 
right to confront witnesses, present evidence, and appeal convictions; 
the right to trial by jury; and a prohibition on double jeopardy and 
forced self-incrimination. Trials are public, defendants have the right 
to legal counsel, and a representative for the defense is appointed at 
public expense 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. These rights were extended to all citizens without 
exception.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including access to a court 
to bring lawsuits seeking damages for, or cessation of, human rights 
violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of ``expression,'' and the Government generally respected 
freedom of speech and of the press in practice.
    Although there were no government restrictions, there were few 
local independent media.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--The relationships among 
religions generally were amicable, although there was a degree of 
societal intolerance toward religions other than established Christian 
denominations. There was no known Jewish community, and there were no 
reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--Neither the constitution nor law 
specifically provides for freedom of movement within the country, 
foreign travel, emigration, and repatriation, but the Government 
generally respected these rights in practice. The Government cooperated 
with the Office of the UN High Commissioner for Refugees and other 
humanitarian organizations in providing protection and assistance to 
internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    Neither the constitution nor law prohibits forced exile; however, 
the Government did not use it.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol; the country 
is a party to neither. Although the Government has not established a 
system for providing protection to refugees, under its 2001 agreement 
with Australia establishing refugee processing centers, the country 
undertook not to return refugees to countries where their lives or 
freedom would be threatened. The Government did not accept refugees for 
resettlement, nor did it grant refugee status or asylum. In March, 
after transferring the remaining detainees to Australia, Australia 
closed its refugee processing and detention center on Nauru.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens 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 and Political Participation.--In April President Marcus 
Stephen called new parliamentary elections for April 26 in an effort to 
break a parliamentary deadlock between government and opposition 
members of Parliament (MPs). Following the elections, in which three 
opposition MPs lost their seats, Parliament reelected Stephen as 
president. Multiple candidates stood for all parliamentary seats in 
each of the country's eight constituencies. Political parties could 
operate without restriction or outside interference, but there were no 
formal parties.
    Independent election observers concluded that the April elections 
were credible, with voters able to freely exercise their will.
    There are no legal impediments to participation in politics by 
women, but in general women traditionally have been less prominent in 
politics than men. Four women stood as candidates in the April 
parliamentary elections, but none were elected. Women held some senior 
civil service positions, including the head of the civil service and 
the presidential counsel.
    There were no members of minorities in the 18-member Parliament or 
the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but there are no financial 
disclosure laws or specific government agencies responsible for 
combating government corruption. There were some allegations of 
government corruption during the year.
    In March the Government stated that the police were investigating 
accusations that former finance and foreign minister David Adeang was 
involved with Asian businessmen who allegedly had sold Nauran 
passports. By year's end the police indicated that they had found no 
improprieties.
    There are no legal provisions providing for public access to 
government information, and the Government did not freely provide such 
access. An independent team observing the 2007 parliamentary elections 
commented on the lack of public access to information relating to major 
election issues and noted no improvement with respect to voter 
education during the April 2008 elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not restrict establishment of local human rights 
organizations, but no such groups existed. The Government worked 
harmoniously with the International Organization for Migration, which 
comanaged the refugee processing center with Australian authorities 
until the center closed.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination on the basis of race, 
place of origin, color, creed, or sex, and the Government generally 
observed these provisions.

    Women.--Rape is a crime punishable by up to life imprisonment. 
However, there was no information regarding the extent of rape or 
domestic violence. Police investigated all reports of rape thoroughly, 
and cases were vigorously prosecuted by the courts. Spousal rape is not 
specifically identified as a crime, but police investigated and filed 
charges when allegations of rape were made against a spouse.
    The Government kept no statistics on the incidence of physical and 
domestic abuse against women. However, credible reports indicated that 
sporadic abuse occurred, often aggravated by alcohol use. Families 
normally sought to reconcile such problems informally and, if 
necessary, communally. The police and judiciary treated major incidents 
and unresolved family disputes seriously.
    Prostitution is illegal, and there were no reports of such activity 
during the year.
    Some forms of sexual harassment are crimes, but sexual harassment 
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 may own property and pursue private interests. 
However, in practice societal pressures and the country's impoverished 
economic circumstances often limited opportunities for women to 
exercise these rights fully. The Women's Affairs Office was responsible 
for promoting professional opportunities for women.

    Children.--Government resources for education and health care for 
children were severely constrained by the country's economic crisis.
    Child abuse statistics were not compiled, and there were no 
reported cases of child abuse or child prostitution during the year. 
However, anecdotal evidence indicated that abuse occurred.

    Trafficking in Persons.--The constitution and law do not prohibit 
trafficking in persons, but there were no reports that persons were 
trafficked to, from, through, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with disabilities. Nonetheless, there 
was no reported discrimination against persons with disabilities in 
employment, education, access to health care, or the provision of other 
state services. No legislation mandates services for persons with 
disabilities or access to public buildings. Department of Education 
teachers provided rudimentary schooling for a small group of students 
with disabilities, holding classes in a teacher's home, as no classroom 
was available.
    There is no government agency with specific responsibility for 
protecting the rights of persons with disabilities. There are no formal 
mechanisms to protect persons with mental disabilities.

    National/Racial/Ethnic Minorities.--Ethnic Chinese composed 
approximately 5 percent of the population. A pattern of petty theft, 
property damage, and assault directed at the ethnic Chinese community 
continued during the year. Police attributed most attacks on ethnic 
Chinese to economic motivations and noted a general trend of theft-
related attacks on the country's few private businesses, such as stores 
and restaurants.

    Other Societal Abuses and Discrimination.--Sodomy is illegal, but 
there were no reports of prosecutions under this provision. There were 
no reports of violence or discrimination against homosexuals.
    There were no reports of violence or discrimination against persons 
with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides for the 
right of citizens to form and belong to trade unions or other 
associations. However, the country has virtually no labor laws, nor 
does it have any formal trade unions. Historically, the transient 
nature of the mostly foreign workforce hampered efforts to organize 
trade unions.
    The right to strike is not protected, prohibited, or limited by 
law.

    b. The Right to Organize and Bargain Collectively.--Although there 
were no legal impediments, collective bargaining did not take place. A 
tiny private sector, mostly family-run stores and restaurants, employed 
approximately 1 percent of salaried workers. Salaries, working hours, 
vacation periods, and other employment matters for government workers 
are governed by public service regulations.
    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. Although the law does not specifically mention 
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 
law sets the minimum age of employment at 17. The Department of Human 
Resources and Labour is responsible for enforcing the law, which was 
respected by the only two significant employers--the Government and the 
phosphate industry. Some children under 17 worked in small, family-
owned businesses.

    e. Acceptable Conditions of Work.--The Government raised wages and 
implemented a graduated salary system for public service officers and 
employees in July 2007. At lower ranges the salaries did not provide a 
decent standard of living for a worker and family. There was no minimum 
wage for private-sector workers.
    By regulation the workweek in both the public and private sectors 
was 35 hours for office workers and 40 hours for manual laborers. 
Neither the law nor regulations stipulate a weekly rest period; 
however, most workers observed Saturdays and Sundays as holidays. There 
were provisions for premium overtime pay only for public-sector 
workers.
    The Government sets some health and safety standards, which the 
Department of Human Resources and Labour is responsible for enforcing. 
The phosphate industry had a history of workplace health and safety 
requirements and compliance, but with the decline of the industry, 
enforcement of these regulations was lax. A gradual revival of the 
industry during the year was accompanied by accusations that unfiltered 
dust discharge from the phosphate plant exposed workers and the 
surrounding communities to a significant health hazard. The Government 
did not act to eliminate the problem, citing high costs. Workers have 
the right to remove themselves from situations that endanger health or 
safety without jeopardy to their employment.

                               __________

                              NEW ZEALAND

    New Zealand is a parliamentary democracy with a population of 4.26 
million. Citizens periodically choose their representatives in free and 
fair multiparty elections, most recently held in November. The National 
Party won 58 parliamentary seats and formed a minority coalition 
government; John Key became the new prime minister. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of 
addressing individual instances of abuse. There were disproportionate 
societal problems for indigenous people.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    In June a jury acquitted four police officers of charges that they 
used excessive force to subdue a prisoner in 2006. The Government had 
charged the officers after a closed-circuit camera recorded the 
officers using batons and pepper spray on the prisoner.
    In an effort to avoid prison overcrowding, the Government continued 
to apply more noncustodial sentences such as home and community 
detention when the offender was considered not a significant risk to 
public safety.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police, and the Government has 
effective mechanisms to investigate and punish abuse and corruption. 
There were no reports of impunity involving security forces during the 
year.

    Arrest and Detention.--A court-issued warrant is usually necessary 
to make an arrest, but police may arrest a suspect without a warrant if 
there is reasonable cause. Police officers may enter premises without a 
warrant to arrest a person if they reasonably suspect the person of 
committing a crime on the premises or have found the person committing 
an offense and are in pursuit. Police must inform arrested persons 
immediately of their legal rights and the grounds for 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 ends at the first court appearance and is distinct from court 
bail. Court bail is granted unless there is a significant risk that the 
suspect would flee, tamper with witnesses or evidence, or commit a 
crime while on bail. Police bail is not normally granted for more 
serious offenses such as serious assault or burglary. Family members 
were granted prompt access to detainees. Detainees were allowed prompt 
access to a lawyer of their choice and, if indigent, to a lawyer 
provided by the Government.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Defendants 
enjoy the rights found in other common-law jurisdictions, including a 
presumption of innocence, a right to a jury trial, a right of appeal, 
and the right to counsel, to question witnesses, and to access 
government-held evidence. The law extends these rights to all citizens. 
A lawyer is provided at public expense if the defendant cannot afford 
counsel.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, which includes access to the 
Human Rights Review Tribunal and other courts to bring lawsuits seeking 
damages and other remedies for alleged human rights abuses. There are 
also administrative remedies for alleged wrongs through the Human 
Rights Commission (HRC) and the Office of Human Rights Proceedings.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    On October 10, the High Court ruled that the daily newspaper The 
Dominion Post was not guilty of charges involving contempt of court and 
publication of police surveillance material. Following the arrest of 20 
persons in October 2007 on various weapons charges (see Section 5, 
Indigenous People), the newspaper published excerpts from police 
documents indicating that some of those arrested had discussed killing 
government officials and attacking public facilities.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was widely available and used by citizens.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--Relations among religions 
generally were amicable, although there were isolated instances of 
societal abuses or discrimination based on religious belief or 
practice.
    The Jewish community numbered approximately 10,000 persons. Anti--
Semitic incidents were rare.
    The Government-funded HRC actively promoted religious tolerance.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees and asylum seekers.
    There is no statutory authority for imposing a sentence of exile, 
and the Government did not practice forced exile.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status or asylum. In practice 
the Government provided protection against expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
The Government also provided temporary protection to individuals who 
may not qualify under the definition of the 1951 convention and the 
1967 protocol until their status was determined and action taken.
    Bahareh Moradi, an Iranian citizen who entered the country with a 
fraudulent passport in 2005, claimed refugee status based on her 
conversion to Christianity. Moradi asserted that she would be punished, 
perhaps with death, if she returned to Iran. Her request for refugee 
status was denied by the Immigration Office in 2006. The Refugee Status 
Appeals Authority questioned Moradi's religious conversion and declined 
her appeal in 2007. In July the High Court rejected a subsequent 
appeal. At year's end Moradi was subject to a deportation order and, 
according to a media report, was in hiding.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law 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.

    Elections and Political Participation.--In the most recent general 
elections, held in November, the National Party won 58 of 122 
parliamentary seats and formed a minority government in coalition with 
the ACT Party (five seats) and the United Future Party (one seat). The 
National-led government also had a cooperation agreement with the Maori 
Party (five seats). Three other parties were represented in parliament: 
the Labour Party (43 seats), the Green Party (nine seats), and the 
Progressive Party (one seat).
    Women participated fully in political life. There were 41 women in 
parliament. There were eight women on the executive council, which 
comprises 28 ministers (20 within the cabinet and eight outside the 
cabinet). The chief justice of the Supreme Court was a woman. There 
were three women in the 25-seat parliament of the Associated State of 
the Cook Islands and four women in the 20-seat parliament of the 
Associated State of Niue.
    Seven seats in parliament are reserved for persons of Maori 
ancestry. The number of Maori seats is adjusted every five years, based 
on the number of persons who register to vote on the Maori electoral 
roll. Persons of Maori ancestry can also become members of parliament 
by election or appointment to non--Maori conventional seats in 
parliament.
    Following the November election, there were 20 Maori members, four 
members of Pacific Island descent, and six members of Asian descent in 
parliament. The cabinet included at least three members of Maori 
ancestry.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption during the year. Efforts to combat corruption and 
prosecution of corruption cases are handled through the Ministry of 
Justice and the independent Serious Fraud Office.
    In May the director of the Immigration Service resigned following 
commencement of an investigation into the improper granting of 
immigrant visas to several of the director's family members.
    In September the Minister of Foreign Affairs was temporarily 
relieved of his responsibilities pending investigation into allegations 
of providing misleading statements to parliament relating to the 
financing of his election campaign. While the Serious Fraud Office 
concluded that no fraud existed in the financing of the minister's 
campaign, a parliamentary committee ruled that the minister was in 
contempt of parliament for making misleading statements to the body.
    The case of a member of parliament (MP) charged in 2007 with 37 
criminal violations, including bribery, corruption, and perverting 
justice, remained pending at year's end.
    The law requires MPs, including all ministers, to submit an annual 
report of their financial interests, which is then disclosed publicly. 
Career civil servants are not subject to this requirement but are 
subject to ethics standards established by the State Services 
Commission.
    The law provides 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 requester must be given an estimate of any 
fees before the information is provided.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights 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, 
disability, age, and national or ethnic origin, and the Government 
actively enforced it.

    Women.--Violence against women affected all socioeconomic groups. 
The law criminalizes rape, including spousal rape; the maximum penalty 
is 20 years' imprisonment. From July 2007 through June 2008, police 
recorded 2,364 ``sexual attacks,'' which resulted in 1,127 
prosecutions. During the same period, the police recorded seven 
offenses of spousal rape with four prosecutions, and six offenses of 
unlawful sexual connection with a spouse and three prosecutions.
    Assault by a male on a female is a nonsexual crime punishable by up 
to two years' imprisonment (a penalty double that for a male-on-male or 
a female-on-male assault, which carries a one-year maximum penalty). In 
the 12-month period ending June 30, 5,372 persons were prosecuted for 
assault by a male on a female. Of these prosecutions, 50 percent 
involved Maori men, 30 percent men of European ancestry, and 14 percent 
Pacific Islander men. Although only 15 percent of the total population 
claimed Maori ancestry, during the 12-month period ending June 30, 42 
percent of the 28,845 women and children who used the National 
Collective of Independent Women's Refuges were Maori, 43 percent were 
of European ancestry, and 8 percent were Pacific Islanders.
    Crisis centers offering support services for victims of sexual 
violence existed throughout the country and included centers focusing 
specifically on Maori and Pacific Islanders.
    The Government's Task Force for Action on Violence Within Families 
continued to coordinate a variety of government initiatives to 
eliminate family violence, including its Te Rito program, a national 
strategy to address all forms and degrees of domestic violence.
    Police were responsive when domestic violence was reported. The 
Government partially funded women's shelters, rape crisis centers, 
sexual abuse counseling, family violence networks, and violence 
prevention services.
    The 2003 Prostitution Reform Act (PRA) decriminalized prostitution 
and created a certification regime for brothel operators. The act 
prohibits persons under age 18 from working in the sex industry and 
gives prostitutes the same workplace protections as given to workers in 
other industries. The law also eliminates the defense (by clients, 
brothel operators, and pimps, for example) of claiming ignorance that a 
person engaged in commercial sexual activity was under age 18. The act 
extends culpability to any person who receives financial gain from such 
activity involving an underage person. The law prohibits sex tourism, 
and citizens who commit child sex offenses overseas can be prosecuted 
in New Zealand courts.
    The PRA also established a statutory Prostitution Law Review 
Committee (PLRC) to review the act during the course of the year. The 
10-member PLRC consisted of representatives from local government, the 
police, the public health industry, business, academia, nongovernmental 
organizations (NGOs), and the sex industry. In May the PLRC published 
its review of the PRA, in which it recommended continued monitoring and 
advocacy within the sex industry, support for sex workers seeking 
alternatives to street work, and enhancements at national and local 
government levels regarding safety and compliance measures.
    The law prohibits sexual harassment. Sexual harassment in violation 
of the Employment Relations Act or the Human Rights Act carries civil 
penalties. However, sexual contact induced by certain threats may also 
fall under the criminal code, with a maximum 14-year prison sentence. 
The HRC published fact sheets on sexual harassment and made sexual 
harassment prevention training available to schools, businesses, and 
government departments on a regular basis.
    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. According to June figures, women earned 88 percent of the 
average hourly earnings for men. A unit within the Department of Labour 
dedicated to this problem administered an annual fund of one million NZ 
dollars (approximately $600,000) supporting employer and union 
initiatives to promote pay and employment equity.
    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.
    Child abuse continued to be of concern to the Government. The 
Government promoted information sharing between the courts and health 
and child protection agencies to identify children at risk of abuse. 
From July 2007 through June 2008 there were 24,034 applications to 
Family Court for guardianship and parenting orders under the Care of 
Children Act and 4,490 applications for protection orders under the 
Domestic Violence Act. During the same period, there were 1,328 cases 
of assaults on children reported to police, with 661 prosecutions. The 
Office of the Commissioner for Children played a key role in monitoring 
violence and abuse against children. Cases of child abuse and neglect 
increased over previous years, but according to the Ministry of Justice 
it was unclear whether this trend reflected higher levels of abuse and 
neglect, or whether lower community tolerance stimulated increased 
reporting.
    Illegal commercial sexual exploitation of children remained a 
problem. When discovered, law enforcement authorities arrested and 
prosecuted the violators.
    In January police removed 16 young individuals from the streets 
during an undercover operation to crack down on the use of young 
persons in prostitution. Police charged two adults with being the 
client of a person under 18 years engaged in prostitution and one for 
sexual connection with a person under 16 years. The 16 individuals were 
either returned to their parents or placed in the care of Child, Youth, 
and Family Services.
    In November authorities charged a New Plymouth brothel owner with 
several offenses relating to his employment of a 15-year-old girl as a 
prostitute during a six-month period in 2005. The charges remained 
pending at year's end.
    There were developments in two 2007 prosecutions involving the use 
of underage prostitutes in Christchurch. In February a defendant 
accused of ``using persons under 18 years of age'' (a 14-year-old girl 
and a 16-year-old girl) to provide sexual services in his brothel in 
2005 was sentenced to one year of home detention. In March another 
defendant was sentenced to 27 months in prison for facilitating and 
assisting in the hiring of an underage prostitute. Two other 2007 
prosecutions in Christchurch relating to underage prostitution remained 
pending at year's end.
    In July a Christchurch brothel owner was charged with exploiting 
underage girls in prostitution. The two girls, ages 16 and 17, worked 
at the brothel for more than a year. This was the first occasion that 
prosecutors applied the law banning sexual slavery, adopted in 2006 in 
accordance with the UN Convention on the Rights of the Child. At year's 
end the case was pending.
    In December the Tauranga District Court sentenced a 19-year-old Bay 
of Plenty man to 27 months' imprisonment for assisting and receiving 
earnings from his 15-year-old girlfriend, who engaged in prostitution 
in 2006 and 2007.
    The Government had a national plan of action against the commercial 
exploitation of children developed in concert with NGOs, and it 
operated programs to reintegrate children out of prostitution through 
vocational training and educational opportunities.
    The Department of Internal Affairs' Censorship Compliance Unit 
actively policed images of child sex abuse on the Internet 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 international 
trafficking in persons. The Department of Labour followed up on all 
allegations of trafficking but did not discover evidence sufficient for 
prosecution. No new confirmed cases of internationally trafficked 
persons have been brought to the attention of the authorities since 
2001, although some nonresident women were found to be working 
illegally in the country as prostitutes. Authorities uncovered no proof 
that such women were victims of trafficking, nor did any nonresident 
prostitutes come forward to claim they were victims of trafficking.
    The antitrafficking law does not address domestic trafficking per 
se. However, other laws criminalize the exploitation of persons in 
cases where victims (e.g., underage prostitutes) have not crossed an 
international border.
    Although prostitution is not a crime, it is illegal for 
nonresidents to work in commercial sex activities.
    The penalties for trafficking in persons stipulate a maximum of 20 
years in prison and fines of NZ$500,000 (approximately $300,000). Laws 
against child sexual exploitation and slavery carry penalties of up to 
14 years in prison. Under the PRA it is illegal to use a person under 
18 years of age in prostitution. Under the criminal law, it is also 
illegal to have sexual contact with a child under 16 years of age, 
regardless of whether the accused believed the child to be 16 years or 
older.
    The Department of Labor has primary responsibility for coordinating 
government efforts to combat trafficking in persons. In May the 
department unveiled the Government's national plan of action against 
trafficking in persons to address prevention, protection, prosecution, 
and victim reintegration. The department released a discussion document 
that outlined the Government's existing antitrafficking efforts, and in 
June it conducted three public ``consultations'' in Auckland, 
Wellington, and Christchurch to solicit civil society input for a new 
action plan.
    The Government and NGOs coordinated in antitrafficking matters and 
provided assistance programs to victims of trafficking, including 
short-term sanctuary, witness protection, access to medical services, 
and safe repatriation. The Government also worked to address 
trafficking in children by providing funding for NGO outreach programs 
in Auckland and Christchurch that provided accommodations and other 
support for young persons involved in or at risk of involvement in 
prostitution.
    Shakti Community Council, Incorporated, an NGO with a strong 
interest in combating trafficking, reported abuses resulting from the 
immigration of Indian women for forced marriages and provided services 
to abused women through four refuges located in three cities: Auckland, 
Christchurch, and Tauranga.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.
    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, housing, and 
accommodation. During the year the Human Rights Commission received 424 
disability-related complaints. Of those complaints, 26.4 percent 
related to employment; 12.7 percent to education; 6.1 percent to access 
to places, facilities, and vehicles; 20.6 percent to provision of 
goods, services, housing, and accommodation; and 34.2 percent to other 
complaints. Compliance with access laws varied. The Government is 
prohibited from discrimination on the basis of physical or mental 
disability, unless such discrimination can be ``demonstrably 
justified.''
    The Government supported equal access for persons with disabilities 
to polling facilities.
    The Government's Office for Disability Issues worked to protect and 
promote the rights of persons with disabilities. In addition, 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.--On August 26, the HRC released, 
and the then Prime Minister Helen Clark publicly endorsed, a national 
Statement on Race Relations. The statement reaffirmed the Government's 
commitment to human rights and equality among the country's racial and 
ethnic groups, and it set out 10 fundamental rights to guide government 
policies toward racial and ethnic minorities.
    Pacific Islanders, who made up 7 percent of the population, 
experienced societal discrimination. The Ministries of Justice and 
Pacific Island Affairs had a program to identify gaps in delivery of 
government services to Pacific Islanders.
    Asians, who made up 10 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 
minority. 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.
    Maori unemployment was 7.9 percent in September, compared with the 
national average of 3.8 percent. The average hourly earnings for Maori 
in June were NZ$18.76 ($11.26), and the median earnings were NZ$16.74 
($10.04). These figures compared with the average and median earnings 
for all workers of NZ$22.35 ($13.41) and NZ$18.75 ($11.25), 
respectively.
    Maori constituted approximately 50 percent of the prison population 
and 45 percent of persons serving community-based sentences. The 
Government, along with community partners, implemented several programs 
and services to reduce Maori recidivism and overrepresentation in the 
criminal justice system.
    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 continued 
to hear Maori tribal claims to land and other natural resources 
stemming from the 1840 Treaty of Waitangi. The deadline for submission 
of historical claims under the treaty was September 1, and many 
additional claims were submitted just before the deadline. After 
September 1, new claims could still be filed and existing claims 
amended.
    On June 25, the Government and seven indigenous Maori tribes 
negotiated the settlement of a grievance arising from the seizure of 
Maori land by 19th-century European settlers. The settlement included a 
payment of NZ$420 million ($252 million) and transfer of 435,000 acres 
of forest land to the tribes. On August 19 and 22, the Government 
settled claims with two additional tribes for NZ$25 million ($15 
million) and NZ$7 million ($4.2 million), respectively.
    A 2004 law regulates ownership of the foreshore (the land between 
high and low tide) and the seabed. The law grants ownership of the 
foreshore and seabed to the state and provides for universal public 
access. It also established a mechanism to accommodate customary 
indigenous rights of land use, including preservation of existing 
fishing rights. This legislation was the focus of protests by Maori 
groups asserting customary title to the land and by non--Maori groups 
opposing such claims.
    In August 2007 the UN Committee on the Elimination of Racial 
Discrimination (CERD) reported on racial discrimination in the country. 
The report criticized the Government's foreshore and seabed legislation 
and its handling of Maori land claims. The report also expressed 
concern that the Bill of Rights Act and the Treaty of Waitangi, under 
which many Maori rights are spelled out, do not enjoy protected status 
within the country's parliamentary system. Therefore, according to 
CERD, enactment of legislation contrary to the act and the treaty was 
possible. The report included 16 recommendations for changes relating 
to Maori rights or the rights of other ethnic groups that the 
Government was considering at year's end but had not endorsed. In 
September the Government submitted a written response to CERD, but at 
year's end the response had not been released to the public.
    Twenty persons, some of whom were Maori, were arrested in October 
2007 on various weapons charges, including unlawful possession of 
rifles. The arrests reportedly stemmed from an investigation begun in 
2005 after hunters told authorities they had seen a group of men 
training with firearms in a camp in a remote mountain area. Maori MPs 
and others in the Maori community criticized police conduct of the 
raids that led to the arrests as excessive and heavy-handed. At year's 
end charges remained against 18 of the defendants, and the next court 
hearing was scheduled in March 2009.

    Other Societal Abuses and Discrimination.--The law prohibits 
violence or discrimination against persons based on sexual orientation. 
From January 1 to December 23, the HRC received 162 discrimination 
complaints relating to gender or sexual orientation (10.9 percent of 
all complaints). The Ministry of Justice received no reports of 
societal violence or discrimination based on sexual orientation.
    The law also prohibits violence or discrimination against persons 
with HIV/AIDS. From January 1 to December 23, the HRC received four 
complaints relating to HIV/AIDS. There were no reports of violence 
against persons with HIV/AIDS.
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 the law was applied. 
Nearly all unionized workers were members of the Council of Trade 
Unions, a federation that included unions representing various trades 
and locations. A few small, independent labor unions also existed. 
Unions represented approximately 18 percent of all wage earners. The 
law allows unions to conduct their activities without government 
interference, including the right to strike, and this right was 
exercised in practice.
    Labor organization in the territory of Tokelau (population 1,400) 
was limited and based on communal decision making and activity. In 
Niue, a self-governing country in free association with New Zealand 
(population 1,400), the dominant public sector (460 positions) had an 
active public service association. In the Cook Islands, also a self-
governing country in free association with New Zealand (population 
22,000), 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 New Zealand's national legislation.
    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. Disputes that 
cannot be settled by negotiation between the police association and 
management are subject to compulsory, final-offer arbitration. Strikes 
by providers of ``key services'' are subject to certain procedural 
requirements, including mandatory notice of three to 14 days, depending 
on the service involved. The Department of Labor offers mediation in 
such cases, and the Employment Court is empowered to resolve matters 
relating to such disputes.

    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 governs industrial relations and 
promotes collective bargaining. To bargain collectively, unions must be 
registered, be governed by democratic rules, be independent, and have 
at least 15 members. Unions may not bargain collectively on social or 
political issues.
    The law prohibits uniformed members of the armed forces from 
organizing unions and bargaining collectively. However, police have 
freedom of association and the right to organize and bargain 
collectively.
    There were no special laws or exemptions from regular labor laws in 
export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children, and the Government 
generally enforced these provisions effectively.

    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 age 16 may not work between the hours of 
10 p.m. and 6 a.m. By law children enrolled in school may not be 
employed, even outside school hours, if such employment would interfere 
with their education.

    e. Acceptable Conditions of Work.--In April the minimum hourly wage 
increased to NZ$12 (approximately $7.20). 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. In addition, a separate youth minimum wage for 
younger workers (ages 16 to 17) was replaced with a new entrants' wage 
of NZ$9.60 ($5.76) for nonsupervisory workers with less than three 
months or 200 hours of employment. A majority of the work force earned 
more than the minimum wage.
    A 40-hour workweek is traditional. There are legal limits regarding 
hours worked and 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 four-week annual paid vacation and 11 
paid public holidays. Parliament adopted a new law, to become effective 
April 1, 2009, granting employees two paid 10-minute breaks and one 
unpaid half-hour break during an eight-hour shift.
    The Department of Labor was responsible for enforcement of laws 
governing conditions of work. From July 2007 to June 2008, the 
department received 2,439 employment complaints (addressing 4,627 
separate employment issues) and conducted 3,527 investigations. 
Seventy-six percent of matters regarding employment relations were 
settled before or at mediation.
    There were some reports of exploitation of foreign workers, 
especially seasonal workers employed in the horticultural sector.
    On July 29, the Department of Labor closed, on grounds of 
insufficient evidence, a case in which eight Thai workers alleged they 
were forced to work 60- to 70-hour, seven-day weeks in vineyards, often 
at less than the minimum legal wage.
    In April 2007 the Government introduced its Recognized Seasonal 
Employer (RSE) policy allowing horticulture and viticulture employers 
to recruit 5,000 workers from other countries in the Pacific. The 
purpose of the policy, according to the Department of Labor, was to 
meet industry need for seasonal workers, promote development in 
participating Pacific countries, reduce the use of illegal labor, and 
protect opportunities for citizen seasonal workers. During the year 
there was one incident involving 70 Kiribati workers admitted under 
RSE, some of whom were removed from their original employer at the 
request of the workers because of the lack of appropriate 
accommodations. Fifty-four workers were placed with new employers, who 
were not able to provide employment for as long as had been offered by 
the original employer. When no more work was available, 41 of the 
workers returned home. Thirteen workers attempted to remain in the 
country unlawfully-of these, all but five had left by year's end. 
According to the Department of Labor, all of the workers were paid for 
the work they did as part of the RSE program.
    Extensive laws and regulations govern health and safety issues. 
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.
    In May the Human Rights Review Tribunal ruled that a section of the 
Accident Compensation Law violated the Human Rights Act on the basis of 
age discrimination.

                               __________

                                 PALAU

    Palau is a constitutional republic with a population of 
approximately 20,000. The president, the vice president, and members of 
the legislature (the Olbiil Era Kelulau) are elected for four year 
terms. There were no political parties. In generally free and fair 
elections held November 4, Johnson Toribiong was elected president to 
succeed Tommy Remengesau, Jr., effective in January 2009. Civilian 
authorities generally maintained effective control over the security 
forces.
    The Government generally respected the human rights of its 
citizens. Problems were reported in a few areas, including government 
corruption, domestic violence, trafficking in persons, and 
discrimination against, and some abuse of, foreign workers.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Conditions in the 
country's sole prison, although primitive, generally met international 
standards. Overcrowding remained a problem. The few female prisoners 
were held in separate cells but were permitted to mingle with male 
inmates during daylight hours.
    No visits by independent human rights observers were requested or 
made during the year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The civilian 
authorities maintained effective control over the National Police and 
marine police in Koror and Peleliu states, and the Government has 
effective mechanisms to investigate and punish abuse and corruption. 
Corruption and impunity were not major problems.

    Arrest and Detention.--The law requires warrants for arrests. 
Warrants are prepared by the Office of the Attorney General and signed 
by a judge. The law provides for a prompt judicial determination of the 
legality of detention, and this was observed in practice. Detainees 
were informed promptly of the charges against them and 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 law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The 
Government has an independent public defender system.
    Trials are public and are conducted by judges; there are no juries. 
Defendants enjoy a presumption of innocence and a right of appeal. They 
can question witnesses, present evidence on their own behalf, and 
access government-held evidence in their cases. The law extends these 
rights to all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters for lawsuits involving 
allegations of human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2 Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Costs limited Internet access in homes. Internet access was available 
at schools, government offices, private businesses, Internet cafes, and 
hotels.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuse or discrimination against religious groups, including 
anti--Semitic acts. There was no known Jewish community.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government was willing to cooperate with the Office of 
the UN High Commissioner for Refugees and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, refugees, returning refugees, asylum seekers, 
stateless persons, and other persons of concern, but no cases involving 
such cooperation arose during the year.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government did not grant refugee 
status or asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--On November 4, voters 
elected a new Congress and elected Johnson Toribiong as president. The 
Council of Chiefs, consisting of the highest traditional chiefs from 
each state, advises the president on traditional laws and customs. 
Although there have been political parties in the past, there were none 
during the year.
    There are no legal impediments to women's participation in 
government and politics. Two women were elected to the Senate in the 
November 4 general elections. Women constituted 16 percent of state 
legislators. Three women served as state governors during the year, and 
a third female associate justice was appointed to the Supreme Court. At 
year's end five of the country's nine judges were women.
    There were two members of minorities in the House of Delegates.

    Government Corruption and Transparency.--Government corruption was 
a problem, which the Government took some steps to address. The law 
provides criminal penalties for official corruption, and public 
officials are required to file annual financial disclosure statements 
with the Ethics Commission. The Office of the Special Prosecutor and 
the Office of the Public Auditor are responsible for combating 
government corruption.
    In March the Office of the Special Prosecutor charged the governor 
of Melekeok State with 302 counts of embezzling state funds. A state 
employee was also charged with embezzlement. The charges were brought 
after the Office of the Public Auditor reported that the governor and 
the state employee withdrew more than $190,000 (the U.S. dollar is the 
national currency) from the state bank account between 2002 and 2005 
for their personal use.
    Shortly after filing the charges, however, the special prosecutor 
submitted his resignation to the president, citing personal reasons, 
and asked the court to dismiss the case without prejudice since he 
would be unable to pursue it. In April the court did so. President 
Remengesau selected a foreign lawyer to be the new special prosecutor; 
however, the Senate did not confirm the president's candidate, and the 
position remained vacant at year's end.
    In May more than 100 residents of Peleliu State signed a petition 
calling for the ouster of the state legislature's speaker and an audit 
of the legislature for alleged misuse of public funds by legislators. 
At year's end no action had been taken in response to the petition.
    In August, during a weekly presidential press briefing, Senator 
Joshua Koshiba questioned President Remengesau about his acquisition of 
certain real estate, including a new house under construction, and new 
vehicles during his time in office. In the course of investigating the 
matter, the press discovered that the president was constructing a new 
home for which he had not obtained the required permits. The 
Environmental Quality Protection Board inspected the construction site 
and issued a stop order until permits were obtained. It also issued a 
notice of violation to the president and the construction company. 
Within a week the first lady submitted an application for the required 
permits, which were approved, and subsequently paid a $1,000 fine for 
the violation.
    The following cases were pending with the Office of the Attorney 
General at year's end: the February 2007 case of a Koror State 
legislator charged with grand larceny and false pretense, the July 2007 
case of the house speaker charged with misuse of travel funds, and the 
August 2007 case of 23 current and former Kayangel State legislators 
charged with misuse of government funds.
    The law provides for the right of citizens and noncitizens to 
examine government documents and observe official deliberations of any 
government agency, and the Government generally respected this 
provision in practice.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international groups concerned with human 
rights generally operated without government restriction. 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 sex, race, place 
of origin, language, social status, or clan affiliation, and the 
Government generally observed these provisions.

    Women.--Rape, including spousal rape, is a crime punishable by a 
maximum of 25 years' imprisonment. There was one case of attempted rape 
reported during the year; a suspect was charged and the case was 
pending in court at year's end.
    The Ministry of Health's Office of Victims of Crimes reported 39 
cases of domestic violence against women for fiscal year 2008 (October 
2007-September 2008). Alcohol and drug abuse contributed to this 
problem. According to the Office of the Attorney General, the Ministry 
of Health, and women's groups, reported cases of domestic violence 
represented a relatively small percentage of cases of actual abuse. 
Assault is a criminal offense, punishable by up to six months in jail 
or a fine of up to $100, and the police responded when such cases were 
reported; however, women were reluctant to press charges against their 
spouses, and there were no shelters for victims of domestic violence. 
The Government conducted public education efforts to combat domestic 
violence.
    Prostitution is illegal, but it was a problem.
    Sexual harassment is illegal and did not appear to be a major 
problem.
    The inheritance of property and of traditional rank is matrilineal, 
with women occupying positions of importance within the traditional 
system. There were no reported instances of unequal pay for equal work 
or sex related job discrimination.
    In March local women's groups organized their 15th annual women's 
conference. The conference focused 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, participated.

    Children.--The Government provided a well funded system of public 
education for children.
    In fiscal year 2008, there were 30 reported cases of child abuse. 
Of these, 21 were of sexual abuse, four of physical abuse, two of 
emotional abuse, and three of neglect. Five cases of sexual abuse were 
resolved in court; all five resulted in convictions. Other cases were 
pending. There were some sexual abuse cases that were not referred to 
the court because both parties were minors.
    In May a man charged with repeatedly raping his 15-year-old 
stepdaughter was convicted and sentenced to 10 years' imprisonment.
    In September a court sentenced a man to 25 years' imprisonment for 
crimes related to the sexual abuse of a minor: child sexual abuse, 
rape, carnal knowledge, and sodomy. These crimes occurred over a number 
of years.
    Children's rights generally were respected, although there were 
isolated reports of child neglect.

    Trafficking in Persons.--An antitrafficking law prohibits such 
practices, with penalties of up to 10 years' imprisonment and a fine of 
up to $50,000 for exploiting or otherwise profiting from a trafficked 
person; up to 25 years' imprisonment and a fine of up to $250,000 for 
trafficking involving force, fraud, or deception; and up to 50 years' 
imprisonment and a fine of up to $500,000 for trafficking involving a 
child ``by any means for the purpose of exploitation.'' There are also 
laws against slavery, fraud, and prostitution. There were reports of 
women and some men being trafficked to the country from China and the 
Philippines to work in karaoke bars as hostesses and prostitutes, in 
private homes as domestics, and on construction sites.
    In December 2007 a Taiwanese man successfully challenged his May 
2007 conviction on charges of human trafficking and advancing 
prostitution, on the ground that his right to a fair trial was violated 
because he was not provided with interpretation services during his 
trial. He was released, and, although the Attorney General's Office 
stated it planned to appeal the court's decision, it had not done so by 
year's end. In November the court also reversed the convictions of the 
two Taiwanese women convicted in the same case. The women were also not 
provided with interpretation services during their trial. The court 
remanded the cases for a new trial. The ethnic Chinese witnesses in the 
case had already been repatriated, however, and by year's end the 
Attorney General's Office had not indicated whether it would retry the 
women.
    The Divisions of Immigration and Labor and the Office of the 
Attorney General are responsible for combating trafficking; however, 
the Government lacked the resources and expertise to address the 
problem in practice. There was no formal assistance available for 
victims, and victims normally were detained, jailed, or deported if 
they committed a crime such as prostitution. However, the Government 
offered those victims who cooperated with the authorities in the May 
2007 trafficking case the option of remaining in the country and 
pursuing different employment; five chose to do do so.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The Disabled Persons' 
Antidiscrimination Act and the Programs and Services for Handicapped 
Children Act cover both persons with mental disabilities and persons 
with physical disabilities, and the Government enforced the provisions 
of these acts. No discrimination was reported against persons with 
disabilities in employment, education, access to health care, or the 
provision of other state services. The Government provided a monthly 
stipend of $50 for persons with disabilities. The law mandates access 
to buildings for persons with disabilities, and the Government 
generally enforced these provisions in practice. The public schools had 
special education programs to address problems encountered by persons 
with disabilities.
    The Government agency Ngak Mak Tang (``Everyone Matters'') has 
responsibility for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The law prohibits noncitizens 
from purchasing land or obtaining citizenship. A majority of citizens 
viewed negatively the rapid increase over the past several years in 
foreign workers, who, according to estimates during the year, 
constituted more than 31 percent of the population and approximately 51 
percent of the work force. Foreign residents were subjected to 
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 the authorities did not 
pursue or prosecute crimes committed against noncitizens with the same 
vigor as crimes against citizens.
    In addition some foreign nationals experienced discrimination in 
employment, pay, housing, education, and access to social services, 
although the law prohibits such discrimination.

    Other Societal Abuses and Discrimination.--There were no reports of 
cases of violence or discrimination based on sexual orientation or 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law 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.
    The law does not provide for the right to strike, and the 
Government has not addressed this issue.

    b. The Right to Organize and Bargain Collectively.--There is no law 
concerning trade union organization or collective bargaining. Market 
forces determine wages in the cash economy.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
slavery or involuntary servitude except to punish crime. Although the 
law does not prohibit specifically 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 
law states that the Government shall protect children from 
exploitation. The Division of Labor is responsible for enforcing laws 
and regulations relating to child labor. 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 small 
scale family enterprises.
    By regulation no foreigner under age 21 may be admitted into the 
country for employment purposes, and the Government generally enforced 
this regulation effectively.

    e. Acceptable Conditions of Work.--The law sets the minimum wage at 
$2.50 per hour, but 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 controlled. The national minimum wage provided a decent standard 
of living for a worker and family. Anecdotal evidence indicated that 
unskilled workers (usually foreigners) for commercial firms were paid 
only $1.50 to $2.00 per hour; wages for domestic helpers employed in 
private households were lower still. In addition to their wages, 
foreign workers usually were provided basic accommodations and food 
free or at nominal cost. The country continued to attract foreign 
workers from the Philippines, China, and Bangladesh. (Although the law 
prohibits importation of laborers from Bangladesh, this prohibition was 
not strictly enforced.) During the year there were more than 6,000 
foreign nationals with work permits in the country; of these, 64 
percent were from the Philippines, 14 percent from mainland China, and 
7 percent from Bangladesh.
    There is no legislation concerning maximum hours of work. 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 enforcement was sporadic. 
Working conditions varied in practice.
    Although there are occupational and safety standards, the law does 
not specifically provide 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. Anecdotal evidence suggested that 
noncitizens would likely lose their employment if they removed 
themselves from situations that endangered health or safety. Since 
foreign workers generally are not permitted to change employers and 
must depart the country if their contract ends for any reason, 
noncitizens were reticent about reporting abuses. There were no reports 
to the Government of violations of occupational health or safety 
standards during the year.
    Some foreign workers, particularly domestic helpers and unskilled 
laborers, reportedly were forced to accept jobs different from those 
for which they were recruited. Employers sometimes verbally threatened 
or withheld passports and return tickets of foreign workers desiring to 
leave unfavorable work situations.
    Reports of employer mistreatment of foreign workers 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, China, and Bangladesh. The most 
commonly reported abuses included misrepresentation of contract terms 
and conditions of employment, withholding of pay or benefits, and 
substandard food and housing. There have, at times, been complaints of 
physical abuse. In a number of instances local authorities took 
corrective action when alerted by social service and religious 
organizations.

                               __________

                            PAPUA NEW GUINEA

    Papua New Guinea is a constitutional federal multiparty 
parliamentary democracy with a population of approximately 6.7 million 
and more than 800 indigenous tribes. The most recent general elections, 
held in June and July 2007, were marred by bribery, voter intimidation, 
and influence peddling. A coalition government, led by Prime Minister 
Michael Somare, was formed following the election. While civilian 
authorities generally maintained effective control of the security 
forces, there were some instances in which elements of the security 
forces acted independently.
    The Government generally respected the human rights of its 
citizens, but there were serious problems in some areas. Human rights 
abuses included arbitrary or unlawful killings by police, police abuse 
of detainees, poor prison conditions, police corruption and impunity, 
lengthy pretrial detention, infringement of citizens' privacy rights, 
government corruption, violence and discrimination against women and 
children, discrimination against persons with disabilities, intertribal 
violence, and ineffective enforcement of labor laws.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
police killed a number of persons during the year. According to police 
reports, most killings occurred during gunfights with criminal suspects 
who were resisting arrest. However, public concern about police 
violence persisted.
    In January a shootout between police and youths from the Gigo 
settlement in Kimbe Province resulted in the death of a young man. In 
December police shot and killed three gunmen who tried to rob the Bank 
South Pacific in West New Britain.
    There were no developments in the following 2007 cases involving 
police actions: the March shooting of three persons in which one person 
died and two were injured, the May 4 shooting death of Jeffrey Kui, and 
the May 25 shooting of three persons, two of whom died.
    There were no further developments in the alleged 2006 police 
killing of a person at a Port Moresby hotel.

    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, 
individual police members frequently beat and otherwise abused suspects 
during arrests, interrogations, and in pretrial detention. There were 
numerous press accounts of such abuses, particularly against young 
detainees. On June 17, a suspect had his leg amputated after a police 
officer reportedly shot him. In August William Kapis, a suspect in 
numerous bank robberies, was shot in both legs during his apprehension 
by the police.
    There were no developments in the 2007 cases in which an auxiliary 
police officer in Rabaul allegedly shot and injured a high school 
student, or in which police reportedly beat a soldier in Port Moresby. 
There also were no developments in the 2006 case in which correction 
officers at Buimo Prison beat and sexually abused young male detainees.
    On September 22, a National Court judge found seven members of the 
police force in Madang liable for breach of basic human rights of five 
young men in 2004. The prosecution claimed that the police officers 
forced two of the five detainees to have sex between themselves. In 
addition the prosecution alleged that the policemen subjected the 
detainees to torture and held them for three weeks without charges. The 
court found the seven policemen, as well as their commissioner and the 
Government, liable. At year's end damages were pending assessment.

    Prison and Detention Center Conditions.--Prison conditions were 
poor, and the prison system suffered from serious underfunding. During 
most of the year, four of the country's 20 prisons remained closed 
because of life threatening conditions. Neither prisons nor police 
detention centers had medical care facilities. In some police holding 
cells, detainees lacked bedding and sufficient food and water. 
Overcrowding in prisons and police cells was a serious problem. In 
rural areas infrequent court sessions and bail restrictions for certain 
crimes exacerbated overcrowding. Prison escapes were common, even from 
high security installations.
    Male and female inmates usually were held separately, but some 
rural prisons lacked separate facilities, and there were reports of 
assaults on female prisoners. There were no separate facilities for 
juvenile offenders; however, in some prisons juveniles were provided 
with separate sleeping quarters. To hold minors waiting to be arraigned 
prior to bail being posted, there were three juvenile reception centers 
located in Port Moresby, Lae, and Goroka. Human Rights Watch reported 
that juveniles routinely were held with adults in police detention 
cells, where in many cases they were assaulted by older detainees. 
Police denied juvenile court officers access to police cells. Pretrial 
detainees were not separated from convicted prisoners.
    The Government permitted prison visits by human rights observers, 
but no such visits were requested during the year.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--A commissioner who 
reports to the minister for internal security heads the national police 
force, the Royal Papua New Guinea Constabulary. Internal divisions 
related to clan rivalries and a serious lack of resources negatively 
affected police effectiveness. Police corruption and impunity were 
serious problems. At year's end there were no reports of any action 
taken against officers who in March 2007 allegedly assaulted the 
director of police prosecutions in Port Moresby.
    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 January a police complaints ombudsman was appointed as a result 
of a July 2007 agreement between the police and the Ombudsman 
Commission. The ombudsman deals with public complaints and concerns 
about members of the police force.

    Arrest and Detention.--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, but this was rare in 
practice. Police, prosecutors, and 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.
    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; however, the 
Government did not always respect these rights. Detainees had access to 
counsel, and family members had access to detainees. 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.
    Due to very limited police and judicial resources and a high crime 
rate, suspects often were held in pretrial detention for lengthy 
periods. Although pretrial detention is subject to strict judicial 
review through continuing pretrial consultations, 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 shortages of judges and 
travel funds. Some detainees were held in jail for more than two years 
because of the shortage of judges.
    In August the Lae resident National Court judge highlighted the 
increasing volume of new criminal cases. With an estimated 235 criminal 
cases pending, approximately 200 prisoners at the Buimo jail allegedly 
organized a four-day hunger strike in August to protest the slow speed 
of their cases pending in the National Court.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The legal system is based on English common law. 
The law provides for due process, including a public trial, and the 
court system generally enforced these provisions. Judges conduct trials 
and render verdicts; there are no juries. Defendants have the right to 
an attorney. The Public Solicitor's Office provides legal counsel for 
those accused of ``serious offenses'' (charges for which a sentence of 
two years or more is the norm) who are unable to afford counsel. 
Defendants and their attorneys may confront witnesses, present 
evidence, access government-held evidence, plead cases, and appeal 
convictions. The shortage of judges created delays in both the process 
of trials and the rendering of decisions.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. District courts may order 
``good behavior bonds,'' commonly called ``protection orders,'' in 
addition to ordering that compensation be paid for violation of human 
rights. However, courts had difficulty enforcing judgments. 
Additionally, many human rights matters were handled by village courts, 
which were largely unregulated. Village and District Courts often were 
hesitant to interfere directly in domestic matters. Village courts 
regularly ordered that compensation be paid to an abused spouse's 
family in cases of domestic abuse rather than issue a domestic court 
order.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions; however, 
there were instances of abuse. Police raids and searches of illegal 
squatter settlements and homes of suspected criminals 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.
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. All newspapers included a variety 
of editorial viewpoints and reported on controversial topics. There was 
no evidence of officially sanctioned government censorship; however, 
newspaper editors complained of intimidation tactics aimed at 
influencing coverage.
    In May the managing director, editors, and subeditors of the daily 
newspaper Post Courier were reportedly referred to the Parliamentary 
Privileges Committee over coverage of a diplomacy scandal involving a 
foreign government (See Section 3). Simon Eroro, one of the newspaper's 
journalists, went into hiding after receiving death threats, allegedly 
because of his articles dealing with the scandal.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. In 
practice cost factors and lack of infrastructure limited public access 
to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
the Government often limited this right in practice. Public 
demonstrations require police approval and 14 days' notice. Asserting a 
fear of violence from unruly spectators, police rarely gave approval.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against religious groups, including 
anti--Semitic acts. There was no known Jewish community in the country.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--Although a party to the 1951 UN 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. The Government did not 
grant refugee status or asylum. In practice the Government provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened. The Government also 
provided temporary protection to individuals who may not qualify as 
refugees under the 1951 convention or 1967 protocol.
    With support from the UNHCR, the Government continued to provide 
protection to approximately 2,700 persons residing at the East Awin 
refugee settlement who fled the Indonesian province of Papua (formerly 
Irian Jaya). Another 5,000 such persons, classified by the Government 
as ``border crossers,'' lived in villages adjacent to the border with 
Indonesia.
    Registered refugees residing in the East Awin refugee settlement 
were granted a residence permit that allowed them to travel freely 
within the country and, on a case-by-case basis, to travel abroad 
depending on the urgency of the business and a guarantee of financial 
support by sponsoring institutions.
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 but flawed elections based on universal suffrage.

    Elections and Political Participation.--The most recent general 
election was held in June and July 2007. Bribery, voter intimidation, 
and undue influence were widespread in some parts of the country during 
the election. After the election the National Court registered 53 
election petitions that alleged illegal practices. By year's end 16 
petitions had been dismissed and 13 withdrawn; two others were upheld 
and by-elections ordered, and 22 scheduled for court hearings, 
including Supreme Court appeals.
    Political parties could operate without restriction or outside 
influence.
    There is no law limiting political participation by women, but the 
deeply rooted patriarchal culture impeded women's full participation in 
political life. There was one woman in the 109 seat Parliament. She 
served as minister of community development, the only cabinet position 
held by a woman. There was one female National Court justice and no 
female provincial governors. In December the National Executive 
Committee approved a proposal for three nominated seats to increase the 
number of women in Parliament.
    There were six minority (non Melanesian) members of Parliament. Of 
these, two were in the cabinet, and three were provincial governors.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity.
    Corruption at all levels of government was a serious problem due to 
weak public institutions, leadership, and governance; lack of 
transparency; politicization of the bureaucracy; and the use of public 
resources to meet traditional clan obligations.
    In May there were allegations of that representatives of a foreign 
government had offered 80 million kina (approximately $32 million) to 
government officials in exchange for establishing diplomatic relations. 
In a separate case, in June the media claimed that a government 
minister had 100 million kina ($40 million) in a foreign bank account. 
At year's end no investigation reports on either case had been 
released.
    Public officials are subject to financial disclosure laws as 
stipulated in the leadership code of conduct. The Ombudsman Commission, 
the Leadership Tribunal, and the Public Accounts Committee are key 
organizations responsible for combating government corruption.
    No law provides for public access to government information. The 
Government published frequent public notices in national newspapers and 
occasional reports on specific topics facing the Government; however, 
it generally was not responsive to individual requests, including media 
requests, for access to government information.
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.
    In September a two-day national conference on human rights was held 
to reach consensus among key stakeholders, such as the Government, 
diplomatic missions, the UN Development Program (UNDP), the Individual 
and Community Rights Advocacy Forum, Transparency International, Save 
the Children, and the UN Children's Fund, to establish a comprehensive 
approach to human rights. The Individual and Community Rights Advocacy 
Forum initiated seven awards for human rights defenders that were 
presented at the end of the conference.
    On October 21, the two treaties that constitute the International 
Bill of Rights came into force for the country, obliging the Government 
to report to UN treaty bodies on the steps taken to implement rights 
contained therein, initially in 2009 and every four years thereafter.
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, color, or sex; however, 
enforcement of the provisions was not effective.

    Women.--Violence against women, including domestic violence and 
gang rape, was a serious and prevalent problem.
    Rape, including spousal rape, is a crime punishable by 
imprisonment, and prison sentences were imposed on convicted 
assailants, but 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. 
The legal system allows village chiefs to negotiate the payment of 
compensation in lieu of trials for rapists.
    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. Widespread sexual violence 
committed by police officials and their unresponsiveness to complaints 
of sexual or domestic violence served as barriers to reporting by both 
women and men. Traditional village mores, which served as deterrents 
against violence, were weak and largely absent when youths moved from 
their villages to larger towns or to the capital.
    Violence committed against women by other women frequently stemmed 
from domestic disputes. In areas where polygyny was customary, an 
increasing number of women were charged with murdering one of their 
husband's other wives. Independent observers indicated that 90 percent 
of women in prison had been convicted for attacking or killing another 
woman.
    Prostitution is illegal; however, the laws were not enforced, and 
the practice was widespread. Sexual harassment is not illegal, and it 
was a widespread problem.
    The laws have provisions for extensive rights for women dealing 
with family, marriage, and property disputes. 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. 
Women continued to face severe inequalities in all spheres of life: 
social, cultural, economic, and political. There is no employment 
antidiscrimination law.
    Village courts tended to impose jail terms on women found guilty of 
adultery while penalizing men lightly or not at all. By law a District 
Court must endorse orders for imprisonment before the sentence is 
imposed, and circuit riding National Court justices frequently annulled 
such village court sentences. Polygyny and the custom in many 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 sometimes were given as compensation to settle disputes between 
clans, although the courts ruled that such settlements denied the women 
their constitutional rights.
    According to statistics published in a UNDP report during the year, 
women continued to lag behind men in literacy and education due to 
discrimination; 51 percent of women were literate, compared with 63 
percent of men. The Ministry of Community Development was responsible 
for women's issues and had considerable influence over 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 nongovernmental 
organizations (NGOs) operated programs to protect and develop youth and 
children.
    Primary education was not free, compulsory, or universal. 
Substantial fees were charged and posed a significant barrier to 
children's education. Many children did not progress further than 
primary school.
    Boys and girls had equal access to medical care, but many children 
did not have effective care. Government provided free medical care for 
citizens, including children, was no longer available due to budget 
cuts and deteriorating infrastructure, particularly in rural areas.
    Sexual abuse of children was believed to be frequent. Independent 
sources confirmed that in two major cities, 1,000 or more cases of 
child sexual abuse were reported during the year. Incest is a crime and 
reportedly increased in frequency. On March 6, the National Court 
convicted a man of incest with his daughter and sentenced him to seven 
years' imprisonment. There were cases of commercial sexual exploitation 
of children between the ages of 14 and 16 in urban areas, including 
minors working in bars and nightclubs. Human Rights Watch documented 
numerous instances of police abuse of children. Some children were 
forced to work long hours as domestic servants in private homes, often 
to repay a family debt to the ``host'' family.
    The legal age for marriage is 18 for boys and 16 for girls. There 
is a lower legal marriage age (16 for boys and 14 for girls) with 
parental and court consent. However, customary and traditional 
practices allow marriage of children as young as age 12, and child 
marriage was common in many traditional, isolated rural communities. 
Child brides frequently were taken as additional wives or given as 
brides to pay family debts and often were used as domestic servants. 
Child brides were particularly vulnerable to domestic abuse.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking in persons, although trafficking in children for sexual 
exploitation is a crime. There were reports of trafficking of women and 
girls within the country for sexual exploitation and domestic 
servitude. Custom requires the family of the groom to pay a ``bride 
price'' to the family of the bride. While marriages were usually 
consensual, women and girls were sometimes sold against their will. 
There also were reports of Asian women being trafficked into the 
country to work in the sex industry. Transactional sex was common and 
often involved the sexual exploitation of children.
    The Government investigated allegations of corruption among 
officials dealing with passport issuance and immigration. The 
allegations primarily involved the illegal issuance of residence and 
work permits for Chinese or South Asian nationals migrating to the 
country. Although they originally suspected that corrupt officials were 
aiding the transport of trafficking victims into the country, 
authorities did not uncover any evidence that mala fide permits and 
passports were used for this purpose. Nevertheless, there was concern 
that the country may have been used as a route for trafficking in 
persons to Australia through different means.
    The penal code lists trafficking under the general term of slavery, 
the penalty for which is 20 years' imprisonment. The Ministry of 
Justice was responsible for enforcing the law but was ineffective in 
doing so. There were no prosecutions for trafficking in persons during 
the year.
    There were no government programs to assist trafficking victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution prohibits 
discrimination against persons with physical and mental disabilities; 
however, there are no antidiscrimination laws. Persons with 
disabilities faced discrimination in education, training, and 
employment. No legislation mandates accessibility to buildings.
    Through the National Board for the Disabled, the Government granted 
funds to a number of NGOs that provided services to persons with 
disabilities. The Government provided free medical consultations and 
treatment for persons with mental disabilities, but such services were 
rarely available outside major cities. In several provinces, apart from 
the traditional clan and family system, services and health care for 
persons with disabilities did not exist. Most persons with disabilities 
did not find training or work outside the family structure.

    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 continued to 
rise due to the availability of modern weapons. However, Radio 
Australia reported that on October 2, at least 30 warring hill tribes 
from the Southern Highlands signed a peace agreement. Tribal fighting 
continued in Western Highlands Province.

    Other Societal Abuses and Discrimination.--Sodomy and acts of 
``gross indecency'' between males are illegal, but there were no 
reports of prosecutions under this law during the year. There were no 
specific reports of societal violence or discrimination against 
homosexuals, but homosexuals were vulnerable to societal 
stigmatization.
    There were no reports of government discrimination against persons 
with HIV/AIDS; however, there was a strong societal stigma attached to 
HIV/AIDS infection that prevented some individuals from seeking HIV/
AIDS related services, and there were reports that companies dismissed 
HIV positive employees after learning of their condition.
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 Labor and Industrial Relations, and workers exercised this right in 
practice. The Government did not use registration to control unions; 
however, an unregistered union has no legal standing and thus cannot 
operate effectively. An estimated half of the approximately 250,000 
wage earners in the formal economy were members of approximately 50 
trade unions. The Public Employees Association represented an estimated 
12,000 persons employed by national, provincial, and municipal 
governments, or one third of the public-sector workforce. Unions were 
independent of both the Government and political parties.
    The law provides for the right to strike, although the Government 
may and often did intervene in labor disputes to require arbitration 
before workers may legally strike. The law prohibits retaliation 
against strikers, but it was not always enforced. The Department of 
Labor is responsible for enforcement. Employees of some government 
owned enterprises went on strike on several occasions during the year, 
primarily to protest against privatization policies or in pay disputes. 
In most cases the strikes were brief and ineffective.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and engage in collective bargaining, 
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 Department of Labor and Industrial Relations and the courts 
are involved in dispute settlement. Wages above the minimum wage were 
set through negotiations between employers and employees or their 
respective industrial organizations.
    The law prohibits antiunion discrimination by employers against 
union leaders, members, and organizers; however, the Department of 
Labor enforced the law selectively.
    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 in the formal economy. 
Some children were obliged to work long hours as domestic servants in 
private homes.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law establishes the minimum working age as 16; for hazardous work, the 
minimum age is 18. However, children between the ages of 11 and 18 may 
be employed in a family 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. Work by children between the ages of 11 and 16 must not 
interfere with school attendance. Some children under 18 worked in bars 
and nightclubs and were vulnerable to commercial sexual exploitation.

    e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
governmental body with labor and employer representatives, sets minimum 
wages for the private sector. The national youth wage, for new entrants 
into the labor force between 16 and 21 years of age, was set at 75 
percent of the adult minimum wage. The minimum wage was 37.50 kina 
(approximately $15) per week, and although it was above the national 
per capita income, it did not provide a decent standard of living for a 
worker and family who lived solely on the cash economy.
    The law regulates minimum wage levels, allowances, rest periods, 
holiday leave, and overtime. The law limits the workweek to 42 hours 
per week in urban areas and 44 hours per week in rural areas, and it 
provides for premium pay for overtime work. The law provides for at 
least one rest period of 24 consecutive hours every week. Although the 
Department of Labor and Industrial Relations and the courts attempted 
to enforce the law, they were not effective.
    The Department of Labor and Industrial Relations is also 
responsible for enforcing the Industrial Health and Safety Law and 
related regulations. The law requires inspection of work sites 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, with a population of 89 million, is a multiparty 
republic with an elected president and bicameral legislature. In May 
2007 approximately 73 percent of registered citizens voted in mid-term 
elections for both houses of congress and provincial and local 
governments. The election generally was free and fair but was marred by 
violence and allegations of vote buying and electoral fraud. Long-
running Communist and Muslim insurgencies affected the country. 
Civilian authorities generally maintained effective control of the 
security forces; however, there were some instances in which elements 
of the security forces acted independently.
    Arbitrary, unlawful, and extrajudicial killings by elements of the 
security services and political killings, including killings of 
journalists, by a variety of actors continued to be major problems. In 
recent years, following increased domestic and international scrutiny, 
reforms were undertaken and the number of killings and disappearances 
dropped dramatically. Concerns about impunity persisted. Members of the 
security services committed acts of physical and psychological abuse on 
suspects and detainees, and there were instances of torture. Prisoners 
awaiting trial and those already convicted were often held under 
primitive conditions. Disappearances occurred, and arbitrary or 
warrantless arrests and detentions were common. Trials were delayed, 
and procedures were prolonged. Corruption was a problem throughout the 
criminal justice system. Leftwing and human rights activists often were 
subject to harassment by local security forces. Problems such as 
violence against women, abuse of children, child prostitution, 
trafficking in persons, child labor, and ineffective enforcement of 
worker rights were common.
    In addition to killing soldiers and police officers in armed 
encounters, the New People's Army (NPA)--the military wing of the 
Communist Party (CPP)--killed local government officials and ordinary 
civilians. There were reports that the Moro Islamic Liberation Front 
(MILF) and the terrorist groups NPA and Abu Sayyaf Group (ASG) used 
child soldiers in combat or auxiliary roles. Terrorist groups committed 
bombings that caused civilian casualties.
                        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 and 
antigovernment insurgents committed a number of arbitrary and unlawful 
killings. The Commission on Human Rights (CHR), an independent 
government agency, investigated 173 new complaints of killings that 
occurred during the year; 67 of these cases were classified as 
politically motivated. The CHR suspected personnel from the Philippine 
National Police (PNP) and the Armed Forces of the Philippines (AFP) in 
a number of the killings of leftist activists operating in rural areas. 
Allegations of summary executions by government security forces were 
referred to the nongovernmental organization (NGO) Task Force Detainees 
of the Philippines (TFDP). The TFDP was unable to investigate all of 
these allegations, but it alleged the summary execution of four 
individuals by government forces.
    Through year's end, the PNP Task Force Usig recorded 146 cases of 
killings since 2001, six of which occurred during the year; 90 cases 
were filed in court, with one conviction during the year. At least one 
human rights organization, Karapatan, claimed that there have been more 
than 900 killings since 2001, with both state actors and nonstate 
actors as suspects. It recorded 69 victims of killings during the year.
    During the year the PNP expanded human rights training and 
possessed a network of 1,636 human rights desk officers at the 
national, regional, provincial, and municipal levels. The chief justice 
noted that the writ of ``amparo,'' which provides citizens with the 
court's protection, contributed to a reduction in killings.
    However, human rights groups and the CHR noted little progress in 
implementing and enforcing some reforms. For example, cooperation and 
coordination between police and prosecutors continued to be a problem. 
Funding for the CHR and the Government witness protection programs was 
considered inadequate.
    Arbitrary and unlawful killings through August included:
    On January 23, two unidentified men shot and killed United Church 
of Christ Pastor Felomino Catambis in Abuyog, Leyte. The CHR was 
investigating the case at year's end.
    On February 4, seven civilians and an off-duty soldier were killed 
in an AFP raid on alleged ASG forces in Maimbung, Sulu. Following an 
investigation, the CHR in Western Mindanao filed a case against the 
soldiers with the Deputy Ombudsman for the Military, which was pending 
at year's end.
    On March 10, unidentified assailants shot and killed Solidarity of 
Cavite Workers' official Gerry Cristobal in Imus, Cavite. Cristobal was 
a former union president and a critic of provincial policies that were 
viewed by unions as limiting the right of workers to organize and 
strike. The case remained under investigation at year's end.
    On May 15, three unidentified suspects shot and killed the 
Secretary General of Davao City Farmers Association, Celso Pojas. The 
CHR provisionally dismissed the case due to insufficient evidence.
    A prosecutor dismissed the case against the suspects in the January 
2007 killing of university professor and human rights advocate Jose 
Maria Cui for insufficient evidence. The case was re-filed on May 19.
    Investigations of cases from 2006 and 2007 were ongoing.
    On May 21, the AFP surrendered one of its members to the National 
Bureau of Investigation (NBI) in connection with the 2005 killing of 
union leader Ricardo Ramos. The suspect pleaded not guilty during his 
August 6 arraignment.
    On June 12, a regional trial court judge sentenced a member of the 
AFP, Joel Flores, to 41 years' imprisonment for his involvement in the 
2006 killing of community leader Jose Doton. At year's end Flores was 
appealing his conviction.
    Government forces killed a number of civilians during clashes with 
armed groups. Terrorist groups killed and kidnapped NGO workers and 
other civilians. Communist insurgents, mainly from the NPA, continued 
to kill political figures, military and police officers, and civilians, 
including suspected military and police informers. Extortion groups 
associated with the ASG killed persons in bombings (See Section 1.g.).
    Ruben Omar Pestano Lavilla, Jr., a leader of the terrorist Rajah 
Solaiman Movement wanted in connection with 2004 Superferry bombing and 
the 2005 Valentine's Day bombings, was deported from Bahrain to the 
Philippines on August 30.
    Vigilante groups were suspected of conducting summary killings of 
adult criminals and children involved in petty crime in five major 
cities. The TFDP recorded 80 apparent vigilante killings in Davao City 
through 2007, and confirmed at least one such killing during the year. 
Another human rights group noted that local activists in Davao City 
counted more than 100 summary killings from January through November. 
Vigilante killings also allegedly occurred in Cebu City, Cagayan de 
Oro, Tagum City, and General Santos City. The victims were suspected of 
involvement in criminal activities, and the killings appeared to have 
popular support. Authorities made no arrests in these cases.
    In April UN Special Rapporteur Philip Alston issued a report based 
on his February 2007 mission. Among other findings, the report noted 
that the Government's counterinsurgency strategy presumed some civil 
society groups had ties to the CPP or the NPA and led security forces 
to treat leftist leaders and community organizers as legitimate 
targets.

    b. Disappearance.--According to local human rights NGOs, government 
forces were responsible for disappearances. By year's end the CHR 
investigated 20 new cases of enforced disappearances, abductions, and 
kidnappings involving 27 victims, some of whom were found to have been 
detained without a warrant (See Section 1.d.). Of the 20 cases, one was 
referred to the deputy ombudsman for the military, 16 were still under 
investigation, and three were either dismissed or closed. The NPA was 
implicated in two cases, members of the military and police were 
implicated in nine cases, and unidentified suspects were involved in 
the others. The NGO Families of Victims of Involuntary Disappearances 
(FIND) was monitoring four reported disappearance cases, whose victims 
had not been found, and those investigations continued.
    On September 17, indigenous rights activist and Cordillera People's 
Alliance (CPA) founding member James Balao was abducted while in 
transit between Baguio City and La Trinidad in Benguet Province. 
Balao's family and members of the CPA claimed he was being held captive 
by members of the military. At year's end a court had not yet issued a 
decision on the writ of amparo petition filed in October.
    On October 7, the Supreme Court upheld the writ of amparo granted 
to Raymond and Reynaldo Manalo by a court of appeals in December 2007. 
The Manalo brothers testified that beginning in 2006 they were held 
incommunicado and at times tortured by members of the AFP until they 
finally escaped in August 2007. During their detention their family 
filed a number of habeas corpus petitions in courts, but responsible 
AFP officers denied any involvement in their disappearance. The Manalos 
further testified that at times they shared detention with other 
persons who had disappeared, notably University of the Philippines 
students Sherlyn Cadapan and Karen Empeno and their companion, Manuel 
Marino. Raymond Manalo testified that he witnessed the killing of 
Marino and the subsequent burning of his body. The Manalos' testimony 
implicated members of a division and battalion of the AFP, a sergeant, 
and a major general, among others.
    On July 17, a court of appeals dismissed a petition for a writ of 
amparo in the April 2007 abduction of activist Jonas Burgos. During the 
year courts also dismissed other petitions for protective writs. On 
September 17, a court of appeals granted petitions for writs of amparo 
and habeas corpus filed against the military for the June 2006 
abduction case of the University of the Philippines students and their 
associate.
    Some victims' families complained that the courts and police failed 
to address adequately their complaints concerning disappearances in 
which security forces were suspected. Evidence of a kidnapping or 
killing is required to file charges. FIND and other NGOs continued to 
support the efforts of victims' families to press charges. In most 
cases, evidence and documentation were unavailable, and convictions 
were rare. Out of 16 court cases related to disappearances of concern 
to FIND, only one case was resolved during the year. On July 18, a 
regional trial court in Agusan del Sur convicted AFP Corporal Rodrigo 
Billones for his role in the October 2000 abduction and illegal 
detention of six workers of Paper Industries Corporation of the 
Philippines. The judge sentenced the defendant to a minimum of 54 years 
in prison and fined him for moral damages.
    Judicial inaction on the vast majority of disappearances 
contributed to a climate of impunity and undermined public confidence 
in the justice system.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits torture, and evidence obtained 
through its use is inadmissible in court; however, members of the 
security forces and police were alleged to have routinely abused and 
sometimes tortured suspects and detainees. The CHR provided the police 
with mandatory human rights training. The CHR noted that senior PNP 
officials appeared receptive to respecting the human rights of 
detainees, but rank-and-file awareness of the rights of detainees 
remained inadequate.
    Human rights groups, including the CHR, noted that excessive force 
and torture remained an ingrained part of the arrest and detention 
process. Common forms of abuse during arrest and interrogation 
reportedly included electric shock, cigarette burns, or suffocation.
    Through year's end the TFDP documented 12 cases of torture 
involving 16 victims. For the same period, the CHR investigated 23 
cases of alleged torture. Most of the suspects in these cases were 
members of the AFP.
    The CHR continued to observe greater sensitivity within the AFP to 
the need to prevent human rights violations. The CHR is required to 
determine whether an AFP officer or a PNP officer at the senior 
superintendent level being considered for promotion had a history of 
human rights violations; however, a negative CHR finding does not 
preclude promotion. In some instances promotions were withheld 
indefinitely when the CHR uncovered a record of human rights abuses. 
The AFP stated that it withheld some promotions on human rights grounds 
during the year.
    On May 2, members of the military allegedly harassed and tortured 
four indigenous farmers, including one minor, in Compostella Valley 
Province. The case remained under investigation by the CHR.
    On August 31, provincial police and the Regional Special Operations 
Group allegedly abducted, harassed, and tortured nine members of the 
Cavite Farmers' Confederation. The farmers were charged with illegal 
possession of firearms but were released on September 2 for lack of 
evidence.
    There were reports that prison guards physically abused inmates. 
The CHR and TFDP reported that abuse by prison guards and other inmates 
was common, but prisoners, fearing retaliation, refused to lodge formal 
complaints. Women in police custody were particularly vulnerable to 
sexual and physical assault by police and prison officials. Human 
rights activists believed suspected ASG and NPA members in captivity 
were particular targets for abuse.

    Prison and Detention Center Conditions.--Prison conditions were 
rudimentary and sometimes harsh. Provincial jails and prisons were 
overcrowded, lacked basic infrastructure, and provided prisoners with 
an inadequate diet. Jails managed by the Bureau of Jail Management and 
Penology (BJMP) operated at an average of 191 percent of designed 
capacity, an improvement over the previous year owing to prison 
decongestion efforts. Prison administrators allotted a daily 
subsistence allowance of 50 pesos (approximately $1.12) per prisoner. 
Lack of potable water, poor sanitation, and poor ventilation continued 
to cause health problems. Some prisoners, including women and children, 
were abused by other prisoners and prison personnel. The slow judicial 
process exacerbated overcrowding.
    There were reports of widespread corruption among prison guards 
and, to some extent, at higher levels of authority within the prison 
system.
    According to BJMP regulations, male and female inmates are to be 
held in separate facilities and, in national prisons, overseen by 
guards of the same sex. Anecdotal reports suggested 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 
or to place them in youth detention centers, in some instances children 
were held in facilities not fully segregated from adult male inmates. 
Girls were sometimes held in the same cells as boys. During the year as 
part of reform and budget reduction efforts, the Government 
consolidated women and minors into fewer jails, including some that 
contained separate facilities for those groups. Out of 1,075 jails 
managed by the BJMP and PNP, 205 had separate cells for minors, while 
353 jails had separate cells for adult females. Lack of adequate food 
for minors in prisons was a concern (See Section 5, children).
    In July 2007 President Gloria Macapagal--Arroyo directed the 
immediate release of all minor prisoners who were age 15 years and 
below at the time they committed the crime. From January to November, 
the BJMP released 298 minor inmates, usually in response to a court 
order following a petition by the public attorney's office or the 
inmate's private lawyer or through the appeals of NGOs.
    International monitoring groups, including the International 
Committee of the Red Cross, were allowed free access to jails and 
prisons. However, a local NGO reported difficulty accessing jails or 
detentions centers where children were held.

    d. Arbitrary Arrest or Detention.--The law 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 and the AFP arrested 
and detained citizens arbitrarily. From January to December, the TFDP 
documented 55 cases of illegal arrest and detention involving 93 
victims. The CHR tracked one case of abduction during the year that 
resulted in the release of the victim. During the year, the NGO FIND 
counted 16 abduction victims who were later found alive.
    Arbitrary detentions through August included the January 25 
abduction of Flaviano Arante, a council member of the peasant group 
United Farmers of Santa Catalina in Negros Oriental. Two weeks later, a 
military officer reportedly said that Arante was in the custody of the 
AFP's 61st battalion. In February his family petitioned for a writ of 
amparo, but a court of appeals dismissed the petition on April 30. A 
petition for review of that decision was filed in the Supreme Court.
    On March 15, Mel Abesamis, a United Methodist Church pastor and 
former Secretary General of the provincial Karapatan office, was 
abducted in Mindoro Occidental. Abesamis was missing for two days and 
then was found to be in a provincial jail. The Government linked 
Abesamis to a May 2007 encounter between the PNP and the NPA and filed 
four counts of murder and theft against him.
    On May 15, Randy Felix Malayao, a consultant for the peace process 
of the CPP-affiliated National Democratic Front of the Philippines, was 
abducted in Metro Manila. Malayao was missing for five days before he 
was found in the Cagayan provincial jail facing murder charges.
    On May 18, three unidentified men abducted peasant leader Bernadith 
Dignos. Dignos was missing for four days before she appeared in police 
custody. She was charged with multiple counts of murder in a regional 
trial court in Misamis Occidental.
    There were also reports that many children detained in jails were 
arrested without warrants.

    Role of the Police and Security Apparatus.--The Department of 
National Defense directs the AFP, which shares responsibility for 
counterterrorism and counterinsurgency operations with the PNP. The 
Department of Interior and Local Government directs the PNP, which is 
responsible for enforcement of law and order and urban 
counterterrorism; however, governors, mayors, and other local officials 
have considerable influence. The 115,000-member PNP has deep-rooted 
institutional deficiencies and suffered from a widely held and accurate 
public perception that corruption remained a problem. PNP's Internal 
Affairs Service remained largely ineffective. Members of the PNP were 
regularly accused of torture, soliciting bribes, and other illegal 
acts. Efforts were underway to reform the institution in part to 
counter a widespread impression of official impunity. By year's end the 
PNP dismissed 84 members of the police force, including administrative 
officials and police officers, for various reasons that may have 
involved corruption. Of the 2,786 administrative cases filed against 
PNP officers and personnel, 589 were resolved, 349 were dropped and 
closed, 157 remained under preliminary investigation, and 1,691 
underwent summary proceedings. The deputy ombudsman for the military 
received 2,205 cases for the period January through August, of which 8 
percent were cases filed against high ranking police and military 
officials.
    As of August the AFP Human Rights Office monitored no new cases of 
killings, disappearances, or torture during the year. In August 2007 
the AFP created five general courts-martial to hear administrative 
cases of officers and soldiers accused of human rights violations. As 
of December, two members of the army who were allegedly involved in 
killings were undergoing court martial proceedings, and one was on 
trial for murder in a civilian criminal court.
    Government-armed civilian militias supplemented the AFP and the 
PNP.

    Arrest and Detention.--Citizens are apprehended openly with 
warrants based on sufficient evidence and issued by a duly authorized 
official and are brought before an independent judiciary. However, 
there were some reports during the year of citizens picked up by 
security forces without a warrant and detained arbitrarily. Detainees 
have the right to a judicial review of the legality of their detention 
and, except for offenses punishable by a life sentence, the right to 
bail. During the year a greater number of offenses were made eligible 
for bail and, according to government figures, 12,328 or 22 percent of 
detainees were able to post bail, compared with the 2 percent of 
detainees who posted bail in 2007. The law provides that an accused or 
detained person has the right to a lawyer of his choice and that the 
state must provide one when the accused cannot afford one. Authorities 
are required to file charges within 12 to 36 hours of arrests made 
without warrants, with the time given to file charges increasing with 
the seriousness of the crime. Lengthy pretrial detention remained a 
problem. The BJMP did not provide data about the number of detainees 
released during the year as part of jail decongestion programs, 
including the number of detainees who were released because they had 
been jailed for periods equal to or longer than the maximum prison 
terms they would have served if convicted. However, the BJMP 
acknowledged that 19,063 detainees were released from jail because they 
were acquitted or because their cases were dismissed for lack of 
witnesses or evidence.
    Human rights and labor groups expressed concern about criminal 
charges filed in September against 72 labor activists, some of whom 
were arrested, including labor attorney Remigio Saladero, in connection 
with a 2006 NPA ambush on military forces.
    The NPA, as well as some Islamic separatist groups, were 
responsible for a number of arbitrary detentions.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the judicial system suffered from 
corruption and inefficiency. Personal ties and sometimes bribery 
resulted in impunity for some wealthy or influential offenders and 
contributed to widespread skepticism that the judicial process could 
ensure due process and equal justice. The Supreme Court continued 
efforts to ensure speedier trials, sanction judicial malfeasance, 
increase judicial branch efficiency, and raise public confidence in the 
judiciary. In September the Supreme Court dismissed one justice at a 
court of appeals and disciplined four others for their roles in a 
bribery scandal. In October the high court denied the motions for 
reconsideration filed by these justices.
    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, operated in some Mindanao provinces. 
The courts-martial, each composed of at least five active-duty military 
officers, hear cases against military personnel accused of violating 
the Philippine Articles of War. The president, the chief of staff of 
the armed forces, or a military unit commander may appoint the members 
of a court-martial. Military or security tribunals cannot try 
civilians.
    On January 14, Judge Roberto Navidad was shot and killed in 
Calbayog City, Samar. The police arrested a suspect, and the case was 
under investigation at year's end.
    A decision was pending in the trial for the January 2007 killing of 
Judge Nathaniel Pattugalan. The police identified a suspect in the July 
2007 killing of Judge Orlando Velasco, and a case against him was filed 
in court.

    Trial Procedures.--The law provides that all persons accused of 
crimes be informed of the charges against them, have the right to 
counsel, and be provided a speedy and public trial before a judge. 
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, but 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 provided 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.
    The law provides that cases should be resolved within set time 
limits once submitted for decision: 24 months for the Supreme Court; 12 
months for a court of appeals; and three months for lower courts. 
However, these time limits were not mandatory, and, in effect, there 
were no time limits for trials.
    Lengthy pretrial detention remained a problem. Anecdotal evidence 
suggested that, in practice, trials can take six years or more. Trials 
take place in short sessions over time and as witnesses become 
available; these noncontinuous sessions created lengthy delays. 
Furthermore, there was a widely recognized need for more prosecutors, 
judges, and courtrooms. Judgeship vacancy rates were high; of the total 
2,182 trial court judgeships (including Shari'a courts), 509 (23 
percent) were vacant. Courts in Mindanao and 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. 
All five Shari'a District Court judgeships and 36 percent of circuit 
court judgeships remained vacant. Shari'a courts do not have criminal 
jurisdiction.

    Political Prisoners and Detainees.--Various human rights NGOs 
maintained lists of incarcerated persons they considered to be 
political prisoners. From January to June, the TFDP reported that there 
were 231 political prisoners. Typically, there was no distinction in 
these lists between detainees and prisoners, and the majority of 
persons listed had not been convicted. 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. 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.
    From January to June, the Government released 22 persons whom NGOs 
claimed were political prisoners. The TFDP recorded 41 new political 
prisoners incarcerated through June.
    The Government permitted access to alleged political prisoners by 
international humanitarian organizations.

    Civil Judicial Procedures and Remedies.--The judiciary is 
independent and impartial in civil matters. There are administrative 
remedies as well as judicial remedies for alleged wrongs; however, 
corruption was widespread in the judiciary, and cases often were 
dismissed. Complainants have access to local trial courts to seek 
damages for, or cessation of, human rights abuses.
    From January to December, human rights lawyers filed 13 writ of 
amparo petitions, all against the military, of which nine were resolved 
and four were pending hearings. Five of the resolved cases were 
dismissed, closed, or terminated; two were pending review by the 
Supreme Court; one was pending motion for reconsideration by the 
petitioners; and one was settled.
    During the year the warden of the Davao Penal Colony reportedly 
refused to release journalist Alexander Adonis despite his having been 
paroled by the Department of Justice (DOJ) Board of Pardon and Paroles 
in a libel case. Adonis was released from prison in December.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law 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 and rural-based NGOs 
complained of what they described as a pattern of surveillance and 
harassment. The Human Security Act of 2007 allows law enforcement 
authorities, with a written order from a court of appeals, to intercept 
and record conversations and any other form of communication between 
members of terrorist organizations or any person charged with or 
suspected of the crime of terrorism or conspiracy to commit terrorism.
    Forced resettlement of urban squatters, who made up at least 30 
percent of the urban population, continued during the year. 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 was limited.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Government was engaged in combat with antigovernment forces and 
terrorists who actively sought to destabilize the country. Government 
forces killed a number of civilians during clashes with antigovernment 
forces. Some citizens' groups complained that the AFP, in confronting 
the ASG and NPA, illegally detained citizens, destroyed houses, 
displaced residents, and shelled villages. In August after the Supreme 
Court issued a temporary restraining order that halted the August 5 
signing of a government-MILF territorial agreement, some MILF military 
commanders, allegedly acting without MILF authorization, attacked 
villages in central Mindanao, killing civilians.

    Killings.--Government forces acknowledged the deaths of civilians 
in the course of military operations against the MILF. A National 
Disaster Coordinating Council report indicated that 163 persons were 
confirmed killed in the Mindanao conflict by either government or rebel 
MILF forces between August 10 and September 1, including 78 civilians, 
six law enforcement officials, and two MILF rebels. Unconfirmed numbers 
of AFP soldiers and other MILF rebels also were killed in the conflict.
    Communist insurgents, mainly from the NPA, continued to kill 
political figures, military and police officers, and civilians, 
including suspected military and police informers. The NPA and other 
extortion groups also harassed businesses and burned buses and private 
communication facilities to enforce the collection of ``revolutionary 
taxes.''
    At year's end, according to military and police sources, 209 
members of the AFP were killed in action during encounters with rebel 
and terrorist groups: 140 by the NPA, 56 by the ASG, and 13 by the 
MILF. During the same period, AFP operations resulted in 340 insurgents 
killed: 166 NPA, 27 ASG, 146 MILF, and one from the Moro National 
Liberation Front. The PNP recorded 82 of its personnel killed from 
January to November and claimed 91 insurgents killed in operations 
around the country, including 67 NPA, two ASG, and 22 MILF.
    On April 4, NPA forces in Tineg, Abra, fired at a truck carrying 14 
civilians, killing four. On June 28, NPA forces killed four government 
forces members in two attacks on Siargao Island, Surigao del Norte; two 
civilians were killed in the crossfire. On August 5 and 13, NPA rebels 
killed two rebel returnees. On August 17, MILF rebels killed 28 
civilians and 14 soldiers in attacks in Mulondo, Lanao del Sur. On 
August 18, MILF rebels killed 14 civilians in an attack on a passenger 
bus in Lanao del Norte.
    On January 15, gunmen believed to be members of the ASG abducted a 
Catholic priest, Father Roda, and a teacher in Tawi--tawi. They 
subsequently killed Father Roda.
    The police believed that extortion groups allegedly linked with the 
ASG and the Jemaah Islamiyah were responsible for a series of bomb 
attacks against three bus companies in Mindanao. On May 28, suspected 
terrorists killed three civilians in a bomb attack outside an airbase 
in Zamboanga City. On July 24, a bomb inside a bus in Digos, Davao del 
Sur, killed three passengers. A September 1 bomb also in Digos killed 
seven persons. No group claimed responsibility for the attacks.

    Abductions.--There were numerous kidnappings throughout the year in 
Mindanao and the Sulu Archipelago by various armed groups, including 
the ASG. Victims often were released in exchange for payments.
    On April 30, MILF rebels took over a village in Kalamansig, Sultan 
Kudarat, and held the residents hostage. On August 11, MILF forces took 
two civilians hostage in Pigcawayan, North Cotabato. On August 18, 
dozens of civilians in Kolambugan and Kauswagan, Lanao del Norte, 
reportedly were used as human shields by retreating MILF fighters. Some 
of the hostages later were reported killed.

    Child Soldiers.--During the year the NPA and the ASG targeted 
children for recruitment as combatants and noncombatants. 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. A local NGO reported that 100 
children were used as NPA soldiers in Eastern Samar.
    The ASG recruited teenagers to fight and participate in its 
activities. The two purported ASG suspects in the June 8 kidnapping of 
Filipino newscaster Ces Drilon were reported to be minors. The AFP 
stated that some Islamic schools in Mindanao served as fronts to 
indoctrinate children. The AFP also alleged that the ASG used children 
as couriers and spies, but NGOs were unable to verify that claim.
    A 2007 study commissioned by the UN Children's Fund (UNICEF) found 
that children as young as 10 years were used as soldiers or recruited 
by the MILF. Most of the children were volunteers often with the 
support of their families, serving in noncombat roles. In December 
during the visit of the Special Representative of the UN Secretary 
General, the MILF agreed to stop the recruitment and use of children in 
its ranks. At year's end a plan to implement this was not yet in place.
    A human rights group documented one case of an indigenous child in 
Luzon being recruited by a paramilitary organization in 2007. The NGO 
also reported three cases of child soldiers being rescued by or 
surrendered to the Government, while government sources reported one 
case. Government reporting mechanisms for children in armed conflict 
were inconsistent between agencies and regions, making it difficult to 
evaluate the scope of the problem.

    Other Conflict--Related Abuses.--MILF attacks and subsequent 
clashes with the AFP increased the number of internally displaced 
persons (IDPs). Most IDPs were in the central Mindanao provinces of 
Lanao del Norte, North Cotabato, and Maguindanao (See Section 2.d.).
    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.'' 
The MILF also maintained similar ``people's courts.''
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    The Government owned several television and radio stations; 
however, most print and electronic media were privately owned. The 
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 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 
face harassment and threats of violence from individuals critical of 
their reporting.
    Journalists continued to be killed. The Center for Media Freedom 
and Responsibility reported six journalists killed during the year. The 
Task Force Usig classified four of these cases as work-related 
killings. There was also one reported abduction of a journalist.
    On April 7, an unidentified assailant killed Benefredo Acabal, a 
publisher and writer for a local Cavite newspaper, The Filipino 
Newsmen. The case remained under investigation.
    On April 27, two men killed former Iglesia ni Cristo religious sect 
minister and Pampanga television host Marcos Mataro at a North Luzon 
Expressway toll gate in San Simon, Pampanga. A case was filed against 
suspects in a local trial court.
    Task Force Usig considered the Acabal and Mataro cases not work 
related.
    On June 7, alleged ASG rebels abducted television reporter and 
anchorwoman Ces Drilon and two of her colleagues on the island of Sulu. 
The group was later released, and a Jolo mayor was implicated in the 
abduction and detained. A case was pending against the mayor.
    On June 30, unidentified assailants killed Fausto Bert Sison, a 
local radio program host and columnist of a weekly regional bulletin in 
Sariaya, Quezon. Three suspects were apprehended and the case was under 
preliminary investigation by the DOJ. The motive for the killing was 
unknown.
    On August 4, unidentified assailants shot radio journalist Dennis 
Cuesta, a program director and anchor of a local radio station in 
General Santos City, affiliated with the Radio Mindanao Network. 
Cuesta's reporting covered local political issues. He later died from 
the injuries he sustained. The NBI filed a case against a police 
officer suspect, and the case was under preliminary investigation by 
the DOJ.
    On August 7, Martin Roxas, an anchorman for a Radio Mindanao 
Network affiliate who covered local political issues, was killed in 
Roxas City, Capiz, by persons who were apprehended following the 
attack. A case was filed against the suspects, who remained in police 
custody.
    On November 17, two men killed radio host and columnist Aresio 
Padrigao. At year's end the suspects remained at large, and the case 
was under investigation.
    The April 2007 case of Carmelo Palacios, a police-beat reporter for 
a government-run radio station, remained under investigation.
    On May 28, a suspect in the December 2007 killing of radio 
broadcaster Fernando Lintuan voluntarily surrendered and was detained 
by authorities in Davao City.
    On February 19, a regional trial court sentenced Roberto Cabal 
Lopez to life in prison for the 2006 slaying of photojournalist 
Prudencio Melendres in Metro Manila.
    On October 20, charges were filed against the alleged planners of 
the 2005 killing of journalist Marlene Esperat; the gunmen and other 
parties to the killing were convicted in 2006.
    On March 21, the Cebu Regional Trial Court sentenced John Lloyd 
Ortiz to up to 12 years' imprisonment for the 2004 attempted murder of 
journalist Cirse Torralba.
    On March 5, a suspect in the 2004 killing of broadcaster Herson 
Hinolan surrendered to the court, although this occurred after a key 
witness withdrew his testimony.
    On May 9, a trial began in the 2001 killing of radio journalist 
Rolando Ureta.
    Human rights NGOs frequently criticized the Government for failing 
to protect journalists. The National Union of Journalists of the 
Philippines accused the police and the Government of failing adequately 
to investigate these killings and of subjecting journalists to 
harassment and surveillance. In some situations it was difficult to 
discern if violence against journalists was carried out in retribution 
for their profession or if these journalists were the victims of random 
crime.
    On January 25, the Supreme Court chief justice advised judges to 
fine rather than imprison journalists found guilty of criminal 
defamation, although the judge's circular did not preclude 
imprisonment, and judges retained discretion in sentencing.
    On June 5, a Makati City court judge found the publisher of The 
Daily Tribune newspaper guilty of libel in a 2003 series of articles 
criticizing a law firm over alleged irregularities in the contract for 
the new international terminal at Ninoy Aquino International Airport. 
The judge sentenced the publisher to six months to two years in prison 
and ordered her to pay a fine for moral damages.
    On June 27, a Makati City court dismissed the charges filed by 
journalists and media organizations against government officials and 
the police over the arrests of media professionals during the November 
2007 attempted takeover by rebel soldiers at the Manila Peninsula 
Hotel. On September 1, the CHR issued a resolution that the Government 
violated the journalists' liberty, personal security, and freedom from 
arbitrary arrest. The CHR referred the case to the PNP, the DOJ, and 
the Department of Interior and Local Government for further 
investigation.
    On August 28, a court of appeals reversed its March 18 decision 
that upheld a verdict of libel against staff members of a defunct 
newspaper.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in peaceful 
expressions of views via the Internet, including by e-mail. Internet 
access was available widely.

    Academic Freedom and Cultural Events.--In his April report on 
extrajudicial killings, UN Special Rapporteur Philip Alston noted the 
existence of the AFP intelligence service's 2005 presentation, ``Know 
Your Enemy,'' which listed some press unions and student organizations 
as ``enemies of the state'' or communist fronts. There were no reports 
that the military used the presentation in its training curriculum 
during the year.
    The Government did not otherwise interfere with academic freedom. 
There were no government restrictions on academic freedom or cultural 
events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right 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 the 
filing of a request. The police exhibited professionalism and restraint 
in dealing with demonstrators, with few exceptions. An NGO reported 
that 37 protesters were injured by police in March during the dispersal 
of a protest outside the Department of Labor and Employment (DOLE) 
offices in central Manila.

    Freedom of Association.--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.
    The Government's campaign against terrorist groups led some human 
rights NGOs to accuse the police and military of acting with bias in 
their treatment of Muslims.
    Intermittent government efforts to integrate Muslims into political 
and economic society 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. Predominantly 
Muslim provinces in Mindanao lagged far behind the rest of the country 
in most aspects of socioeconomic development. The percentage of the 
population under the poverty level in the Autonomous Region of Muslim 
Mindanao (ARMM) was almost twice as high as the national average, with 
per capita income of 15,760 pesos (approximately $354) per year.

    Societal Abuses and Discrimination.--Historically, the Christian 
majority has marginalized Muslims. The national culture, with its 
emphasis on familial, tribal, and regional loyalties, created 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 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.
    An estimated 400 to 1,000 mostly foreign nationals of Jewish 
heritage lived in the country. There were no reports of anti Semitic 
acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    Foreign travel 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.
    The Government retained its formal ban on travel to Iraq for the 
purposes of employment, but the Department of Foreign Affairs estimated 
6,000 Filipinos worked there. The travel ban also included Afghanistan, 
Nigeria, and Lebanon. The Philippine Overseas Employment Administration 
(POEA) sought to limit departures for work abroad to persons the POEA 
certified as qualified for the jobs. Millions of citizens worked 
overseas and remitted money home. In the first nine months of the year, 
such remittances accounted for approximately 11 percent of the gross 
domestic product.
    Forced exile is illegal, and the Government did not use it.

    Internally Displaced Persons.--Clashes between the AFP and the MILF 
increased the number of IDPs. Most IDPs were in the central Mindanao 
provinces of Lanao del Norte, North Cotabato, and Maguindanao. At the 
height of the clashes from August to September, the National Disaster 
Coordinating Council estimated there were 110,517 IDP families or 
528,693 IDP individuals in Mindanao, which had been reduced to 62,849 
families or 308,175 persons by December 29. Other agencies, including 
the UN Development Program, the Mindanao Emergency Relief Network, and 
the Red Cross provided food and essential items such as medicine, 
blankets, water containers, and mosquito nets.

    Protection of Refugees.--The country is a party to the 1951 UN 
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 the expulsion or return of refugees to countries 
where their lives or freedom would be threatened. The refugee unit in 
the DOJ determined which asylum seekers qualify as refugees; such 
determinations in practice implemented many of the basic provisions of 
the 1951 convention. The Government also provided temporary protection 
to individuals who may not qualify as refugees under the 1951 
convention or its 1967 protocol. As of August there were no reports of 
the Government extending such protections.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees. The UNHCR recorded 107 refugees in 
2007.
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 that largely were free and fair and held on the basis of 
universal suffrage.

    Elections and Political Participation.--On August 11, more than 
1.31 million of the 1.52 million registered voters from the six 
provinces that make up the ARMM elected a regional governor, a regional 
vice governor, and regional legislative district assemblymen. The Asian 
Network for Free Elections Foundation (ANFREL) noted the Government's 
commitment to make the elections as free and fair as possible. However, 
there were allegations of fraud in some localities. ANFREL and other 
NGO monitors noted such irregularities as phantom and multiple voting, 
inadequate neutrality of voting staff, and vote buying. Monitors also 
claimed that many voters did not have sufficient education about the 
electronic voting machines used for the first time in this election.
    The PNP and AFP recorded four election-related combat incidents 
during the ARMM elections, including a bomb explosion and three armed 
encounters with alleged MILF members. PNP personnel were under 
investigation in a ballot--theft incident in Shariff Kabunsuan, 
Maguindanao. MILF rebels were suspected as perpetrators in another 
ballot--theft incident in Sumisip, Basilan.
    In May 2007 midterm elections were held for senators, 
representatives, provincial governors, and local government officials. 
Voter turnout was high; however, incidents of violence and allegations 
of fraud marred the generally free and fair conduct of elections.
    In general political parties could operate without restriction.
    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 four 
women in the 24-seat Senate and 51 women in the 240-seat House of 
Representatives. There were two women in the 22-member cabinet, six 
female associate justices on the 15 member Supreme Court, and 17 women 
among the 80 governors.
    Along with many other citizens, Muslims argued that 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, which many 
Muslims and members of other groups underrepresented in the national 
legislature favored. There were no Muslim senators and no Muslim 
cabinet members. There were 11 Muslim members in the House of 
Representatives, mostly elected from Muslim-majority provinces.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. Both the Government and the private sector 
have established a number of anticorruption bodies, including an 
ombudsman's office and an anticorruption court, and public officials 
were subject to financial disclosure laws. The Government prosecuted 
168 officials in 276 corruption cases from January to November. 
Convictions included the July 17 conviction of the governor of Samar 
Province and several provincial board members; the September 10 
conviction of two Mindoro Oriental district representatives, a former 
vice governor, and former provincial board members; the September 11 
conviction of a former mayor and former municipal treasurer in Kalinga 
Province; and the October 29 conviction of a former ARMM regional 
governor and two of his staff. The Government pursued cases against 
high-ranking officials at the Government Service Insurance System and 
the Department of Environment and Natural Resources.
    The law provides for the right to information on matters of public 
concern. However, denial of such information often occurred when the 
information related to an anomaly or irregularity in government 
transactions. Much government information was not available 
electronically and was difficult to retrieve.
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. The CHR and, 
to some extent, the PNP responded to and investigated cases of human 
rights abuses, as requested by NGOs. 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 Presidential Human Rights Committee did not include 
representation from NGOs, which some groups claimed reduced their 
ability to participate in the Government's human rights initiatives.
    The CHR is 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 authority to make recommendations regarding 
military and higher-level police 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 (villages) 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 nationwide budget for the year was 214.27 million 
pesos (approximately $4.82 million).
    The CHR reported that armed men fired on CHR investigators in July 
during a field investigation in Linawan, Basilan. The CHR was pursuing 
an inquiry with the AFP, which denied its members were responsible for 
the incident. The CHR faced difficulty accessing military sites to 
conduct its searches for missing or detained persons. On September 16, 
the AFP refused entry to a joint CHR congressional delegation intending 
to visit prisoners at Fort Bonifacio near Manila.
    The Government cooperated with international organizations.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination against women, children, and 
minorities; however, vague regulations and budgetary constraints 
hindered implementation of these protections.

    Women.--Rape, including spousal rape, is illegal, but enforcement 
was ineffective. Rape continued to be a problem, with most cases 
unreported. At year's end the PNP reported 3,549 rape cases, more than 
four times the 2007 figure. The increase may be attributable to 
improved reporting capability through women's and children's desks at 
police stations. There were reports of rape and sexual abuse of women 
in police or protective custody-often women from marginalized groups, 
such as suspected prostitutes, drug users, and lower-income individuals 
arrested for minor crimes.
    Violence against women remained a serious problem. The law 
criminalizes physical, sexual, and psychological harm or abuse to women 
and their children committed by their spouses or partners. As of 
December the PNP reported 706 cases of wife battering and physical 
injuries. This number likely underreported significantly the level of 
violence against women.
    A local women's support group noted that, in smaller localities, 
perpetrators of abuse sometimes used personal relationships with local 
authorities to avoid prosecution. On other occasions women who sought 
to file complaints through the police were told to pay special fees 
before their complaints could be registered.
    The PNP and the Department of Social Welfare and Development (DSWD) 
both maintained 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. Approximately 9 percent of PNP 
officers were women. The PNP has a Women and Children's Unit to deal 
with these issues.
    Prostitution is illegal but was a widespread problem. Many women 
suffered exposure to violence through their recruitment, often through 
deception, into prostitution. Penalties for prostitution are light, but 
detained prostitutes were sometimes subjected to administrative 
indignities and extortion. The DSWD continued to provide temporary 
shelter and counseling to women engaged in prostitution. Through year's 
end, DSWD provided temporary shelter and counseling to 103 women who 
were victims of involuntary prostitution. Some local officials 
discouraged the prosecution of 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 and trafficking in persons for sexual exploitation and 
forced labor were serious problems.
    The law prohibits sexual harassment. However, sexual harassment in 
the workplace was widespread and underreported due to victims' fear of 
losing their jobs. Sexual harassment at a shoe factory in Muntinlupa 
City spurred unionization and a strike in July; in November management 
reinstated dismissed employees and recognized the workers' union.
    Female employees in special economic zones 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 three-- to five month contracts and were often 
reluctant to report sexual harassment for fear their contracts would 
not be renewed. There were reports that some firms took action against 
female employees who became pregnant.
    The law does not provide for divorce, although courts generally 
recognize the legality of divorces obtained in other countries if one 
of the parties is a foreign national. 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 
seven are placed in the care of the mother unless there is a court 
order to the contrary. Children over the age of seven 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. Although they faced workplace 
discrimination, women continued to occupy senior positions in the 
workforce. In a January labor force survey, 57 percent of government 
officials, corporate executives, managers, and supervisors were women. 
The unemployment rate for women was 6.7 percent, while the rate for men 
was 7.8 percent.
    The National Commission on the Role of Filipino Women, composed of 
10 government officials and 11 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's (DepEd) 12 percent share of the national budget was the 
largest of any cabinet department. Nevertheless, children faced serious 
problems.
    Elementary and secondary education is free and compulsory through 
age 11, but the quality of education remained poor. During the year 
according to DepEd figures, the estimated annual per pupil expenditure 
for basic education was 7,789 pesos (approximately $175). The public 
school enrollment rate was 76 percent. According to the 2007 UNICEF 
Mid--Term Review, boys were more likely than girls to drop out of 
school.
    Child abuse remained a problem. Through year's end, DSWD offices 
served 5,663 victims of child abuse, of whom 70 percent were girls. 
Approximately 50 percent of the girls were victims of sexual abuse, 
while 3 percent were victims of sexual exploitation. Several cities ran 
crisis centers for abused women and children. The problem of foreign 
pedophiles continued, and the Government continued to prosecute accused 
pedophiles vigorously. Some children also were victims of police abuse 
while in detention for committing minor crimes.
    Child prostitution continued to be a serious problem. During the 
year, the DOLE ordered the closure of two establishments in the cities 
of Cebu and Lapu--Lapu for allegedly prostituting minors. Trials in 
these cases continued at year's end. One NGO reported that 
pornographers forced some children to engage in pornographic activity.
    The NPA and ASG continued to recruit minors both as combatants and 
noncombatants (See Section 1.g.).
    The Government estimated that there were at least 22,000 street 
children nationwide, while UNICEF estimated that there were 
approximately 250,000 street children. Many street children appeared to 
be abandoned and engaged in scavenging or begging. At year's end DSWD 
provided services to 238 street children nationwide. NGOs reported that 
some children engaged in petty crime were targets of vigilante groups 
(See Section 1.a.).
    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, procedural safeguards were often ignored in 
practice. The BJMP stated that 4,213 minors were held on ``preventive 
detention'' while their trials were underway, and an additional 130 
children, convicted from January to November, were serving sentences. 
Many child suspects were detained for extended periods without access 
to social workers and lawyers and were not segregated from adult 
criminals. NGOs believed that children held in integrated conditions 
with adults were highly vulnerable to sexual abuse, recruitment into 
gangs, forced labor, torture, and other ill treatment. There were also 
reports that many children detained in jails appeared to have been 
arrested without warrants.
    During the year government agencies and NGOs transferred 69 minor 
prisoners to DSWD rehabilitation centers and continued to work to 
secure the release of minors wrongfully imprisoned and of those below 
15 years of age. DSWD ran 11 regional youth rehabilitation centers for 
juvenile offenders. There were three detention centers for children in 
Manila.

    Trafficking in Persons.--Trafficking in persons is prohibited under 
the law, which defines several activities related to trafficking in 
persons as illegal and imposes stiff penalties--up to life 
imprisonment--for convicted offenders. Nonetheless, trafficking 
remained a serious problem. The country was a source, transit point, 
and destination for men, women, and children trafficked for the 
purposes of sexual exploitation and forced labor. A significant number 
of men and women who migrated abroad for work were subjected to 
conditions of involuntary servitude in the Middle East, North America, 
and other parts of Asia. Women were trafficked abroad for commercial 
sexual exploitation, primarily to Japan, Malaysia, Singapore, Hong 
Kong, South Korea, and countries in the Middle East and Western Europe. 
Women and children were also trafficked within the country, primarily 
from rural areas to urban areas for forced labor as domestic workers 
and factory workers and for sexual exploitation. A smaller number of 
women were occasionally trafficked from China, South Korea, Japan, and 
Russia to the country for sexual exploitation. Child sex tourism 
continued to be a serious problem, with sex tourists coming from 
Northeast Asia, Europe, and North America to engage in sexual activity 
with minors.
    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 Cebu, but also increasingly 
to cities in Mindanao. A significant percentage of the victims of 
internal trafficking were from Mindanao and were fleeing the poverty 
and violence in their home areas. Approximately 75 percent of the 
trafficking victims provided with temporary shelter and counseling by 
the NGO Visayan Forum Foundation were from Mindanao. The Visayan region 
was also a source of trafficking victims. Women and girls were far more 
at risk of becoming victims of trafficking than men and boys.
    Traffickers targeted persons seeking overseas employment. An 
estimated eight million Filipinos worked overseas, approximately 10 
percent of the population and 20 percent of the workforce. Most 
recruits were females ages 13 to 30 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, promising respectable and lucrative jobs.
    Although the Government pursued trafficking cases under the 
antitrafficking law as well as other related laws, its efforts were 
hampered by slowness of the courts, resource constraints within law 
enforcement agencies, corruption, and general inefficiency of the 
judicial system.
    The DOJ assigned responsibility to 20 prosecutors who, in addition 
to their regular workloads, also handled the preliminary investigation 
and prosecution of trafficking cases at the national level. There were 
95 prosecutors at the regional, provincial, and municipal levels with 
similar responsibilities for trafficking. The principal investigative 
agencies were the National Bureau of Investigation, the Bureau of 
Immigration, the Philippine Center for Transnational Crimes, and the 
PNP's Criminal Investigation and Detection Group, with the 
participation of other members of the Interagency Council Against 
Trafficking. The Government cooperated with international 
investigations of trafficking. The ombudsman created a task force for 
trafficking-related corruption cases. Corruption among law enforcement 
agents remained a particular obstacle to better antitrafficking 
performance. It was widely believed that some government officials were 
involved in, or at least permit, trafficking operations within the 
country.
    On June 30, a woman was convicted and sentenced to life 
imprisonment for trafficking seven minors for sexual exploitation. On 
October 10, a Zamboanga City court sentenced a human trafficker to 30 
years in prison for the 2004 illegal recruitment and trafficking of two 
women to Malaysia. On November 28, the Paranaque regional trial court 
fined and sentenced two traffickers to 20 years in prison for 
trafficking four minors in Albay Province. On December 4, a court 
acquitted an accused trafficker charged with transporting minors with 
the intent of forcing them into prostitution because the minors were 
rescued before they were actually forced into prostitution. From 
January to November, 162 new cases of trafficking were filed for 
prosecution, of which 37 were pending trial. A high vacancy rate among 
judges, among other factors, significantly slowed trial times.
    Victims faced exposure to sexually transmitted or other infectious 
diseases and were vulnerable to beatings, sexual abuse, and 
humiliation.
    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. On September 17, an officer of the Bureau of 
Immigration at Ninoy Aquino International Airport was apprehended for 
her alleged role in aiding the trafficking of 17 Mindanao minors to 
Syria and Jordan. On October 22, a city prosecutor dismissed the charge 
against the officer for insufficient evidence, but filed trafficking 
charges against two accomplices. The Government expanded trafficking 
awareness training to include officials at international ports of entry 
and developed standard operating procedures for trafficking task forces 
at these entry points.
    The Government increased efforts to protect victims of trafficking, 
although it continued to rely on NGOs and international organizations 
to provide services to victims. Victims were not penalized for any 
crimes committed as a direct result of being trafficked. 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. 
Through December DSWD provided temporary shelter and social services to 
153 women and 153 juvenile victims of trafficking. Additional 
protective services included hot lines for reporting cases and the 
operation of 24 hour halfway houses in 13 regions of the country to 
assist victims.
    The Government rarely deported or charged victims of trafficking 
with crimes; however, police sometimes charged women in prostitution 
with vagrancy. There were no reliable statistics indicating whether 
these individuals were victims of trafficking.
    Victims may file civil suits or seek legal action against 
traffickers. Most victims who chose to do so filed charges of illegal 
recruitment. The Government actively encouraged victims to assist in 
the investigation and prosecution of trafficking and related crimes. 
The NGO International Justice Mission (IJM), employing private 
investigators and lawyers, coordinated with the Government in an effort 
to increase the number of prosecutions on behalf of victims of 
trafficking and commercial sexual exploitation. Cases were prosecuted 
in coordination with DOJ prosecutors. IJM initiated 41 cases under the 
antitrafficking in persons law, and 18 of these cases were pending.
    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 constitution prohibits 
discrimination against persons with disabilities in employment, 
education, access to health care, and other social services. The law 
provides for equal physical access for persons with both physical and 
mental disabilities to all public buildings and establishments. The 
National Council for the Welfare of Disabled Persons formulates 
policies and coordinates the activities of all government agencies for 
the rehabilitation, self-development, and self-reliance of persons with 
disabilities and their integration into the mainstream of society. The 
DOLE's 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. One NGO reported that the Government had limited 
means to assist persons with disabilities in finding employment, and 
such persons had limited recourse when their rights were violated 
because of the financial barriers to filing a lawsuit.
    DSWD operated two assisted living centers in Metro Manila, and five 
community based vocational centers for persons with disabilities 
nationwide. Assisted-living centers were understaffed and underfunded. 
At year's end the DSWD provided services to 1,869 persons with 
disabilities.
    Advocates for persons with disabilities contended that equal access 
laws were ineffective because implementing regulations were weak, 
funding was insufficient, 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 were limited. Two of Manila's three light-rail lines 
were wheelchair accessible; however, many stops had unrepaired, out-of-
service elevators. Buses lacked wheelchair lifts, and there were 
reports of taxi drivers who failed to stop for passengers in 
wheelchairs. A small number of sidewalks had wheelchair ramps, which 
were often blocked, crumbling, or too steep. The situation was worse in 
many smaller cities and towns. One NGO claimed that private 
transportation providers, such as taxis, often overcharged persons with 
disabilities or refused service.
    The constitution provides for the right of persons with physical 
disabilities to vote; however, persons with mental disabilities are 
disqualified from voting. Persons with physical disabilities are 
allowed to vote with the assistance of a person of their choice. In 
practice many persons with disabilities did not vote because of the 
above barriers.

    Indigenous People.--Indigenous people lived throughout the country 
but primarily in the mountainous areas of northern and central Luzon 
and in Mindanao. They accounted for approximately 14 million or 16 
percent of the national population, with over 34 percent of the total 
in Mindanao. Although no specific laws discriminate against indigenous 
people, the remoteness of the areas that many inhabit as well as 
cultural bias prevented their full integration into society. Indigenous 
children suffered from lack of health, education, and other basic 
services. NGOs estimated that up to 70 percent of indigenous youth left 
or never attended school because of the discrimination they 
experienced.
    Indigenous people suffered disproportionately from armed conflict, 
including displacement from their homes, because they often inhabited 
mountainous areas favored by guerrillas. Their lands were often the 
sites of armed encounters, and various parties to the fighting 
recruited many indigenous people.
    A National Commission on Indigenous People (NCIP), staffed by 
tribal members, implemented constitutional provisions to protect 
indigenous people. During the year NCIP had a budget of 587 million 
pesos (approximately $13.2 million). At year's end the NCIP had awarded 
Certificates of Ancestral Land and Ancestral Domain Titles covering 
over 2.67 million acres of land claimed by indigenous people. It 
awarded such ``ancestral domain lands'' on the basis of communal 
ownership, stopping 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 and assigns indigenous 
groups the responsibility to preserve their domains from 
environmentally inappropriate development. Some NGOs expressed concern 
that the law was not adequately enforced and that the rights of 
indigenous communities, including the right to prior consent, were not 
always protected.

    Other Societal Abuses and Discrimination.--There was some societal 
discrimination based on sexual orientation, including in employment and 
education.
    The law prohibits all forms of discrimination against persons with 
HIV/AIDS and provides basic health and social services for these 
persons. However, there was some evidence of discrimination against 
HIV/AIDS patients in the provision of health care, housing, and 
insurance services. The rate of HIV/AIDS remained low, although the 
rate of infection was believed to be underreported. Overseas workers 
were required to participate in an HIV/AIDS class as part of a 
predeparture orientation seminar.
Section 6. Worker Rights
    a. The Right of Association.--The law provides 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.
    At year's end the Bureau of Labor Relations reported 141 registered 
labor federations and 15,537 private sector unions. The 1.9 million 
union members represented approximately 5 percent of the total 
workforce of 36.45 million. The number of firms using contractual 
labor, primarily large employers, continued to grow. There were 1,693 
public sector unions, with a total membership of 352,182 or 
approximately 20 percent of the total employed persons in the public 
sector.
    In May 2007 a new labor law lowered the requirements for union 
registration. On November 8, the DOLE issued the implementing rules and 
regulations for this law.
    The International Trade Union Confederation (ITUC) and other labor 
rights advocacy groups expressed concern at killings, abductions, and 
other attacks on labor leaders and supporters and urged the Government 
to increase efforts in investigating these attacks. Through December, 
the Center for Trade Union and Human Rights (CTUHR) documented three 
cases of killings, including the March 10 killing of labor leader Gerry 
Cristobal in Cavite (See Section 1.a.), the July 19 killing of former 
chairperson of the Compostela Workers Association, Maximo Baranda, and 
the November 10 killing of worker's advocate and Bayan Muna coordinator 
Rolando Antolihao in Compostela. Apart from this, the CTUHR documented 
32 cases of threats, harassment, and intimidation affecting 479 workers 
and labor advocates, 11 cases of physical assault, and five cases of 
violent dispersal of protests.
    During the year the International Labor Organization (ILO) 
Committee on Freedom of Association (CFA) issued decisions on two cases 
and pursued investigations in three other cases, including a 2006 
complaint by a labor federation alleging human rights violations, for 
which a government response to the ILO inquiry was still pending.
    Subject to 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 have been exhausted. The DOLE secretary may 
intervene in some labor disputes by assuming jurisdiction and mandating 
a settlement if the secretary decides that the company affected by the 
strike is vital to the national interest. Labor rights advocates 
criticized the Government for intervening in labor disputes in sectors 
that were not vital to the national economy. In August the National 
Labor Relations Commission (NLRC) issued a temporary restraining order 
against striking workers and members of the Associated Labor Union--
Trade Union Congress of the Philippines who were protesting against 
Gaisano Capital South and Gaisano Capital Mactan the day after the 
management asked the agency to intervene. In November, citing the 
company's contribution to the national economy, the secretary of labor 
intervened to prevent workers at garment maker and exporter Triumph 
International from going on strike.
    Government workers are prohibited from joining strikes under threat 
of automatic dismissal. Government workers may file complaints with the 
Civil Service Commission, which handles administrative cases and 
arbitrates disputes between workers and their employers. In August the 
Pampanga governor dismissed some 40 workers at a government-owned 
quarry after they staged a second strike over alleged administrative 
irregularities. At year's end the workers had not been reinstated.
    The DOLE reported five strikes involving 1,115 workers from January 
to September. The American Center for International Labor Solidarity 
reported four strikes involving 910 workers.
    In June at least 13 workers at Hanjin Garments Inc; a Korean owned 
firm located in Cabuyao, Laguna, were injured and four others arrested 
following dispersal by local authorities. Workers sought to regularize 
the employment status of contractual workers who had worked at the 
company for several years.
    Although the labor code provides that union officers who knowingly 
participate in an illegal strike may be dismissed and, if convicted, 
imprisoned for up to three years, there has never been a conviction 
under this provision.

    b. The Right to Organize and Bargain Collectively.--The law 
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 corporations owned or controlled by the Government. A similar 
right is afforded to most government workers. Collective bargaining was 
practiced; however, it was subject to hindrance and union leaders may 
be subject to reprisal. International labor organizations noted that 
collective bargaining in the public sector was limited. Through year's 
end the total number of private-- and public sector workers covered by 
collective bargaining agreements was recorded at 282,683 (approximately 
14.5 percent of union members and less than 1 percent of the total 
workforce).
    Allegations of intimidation and discrimination in connection with 
union activities are grounds for review before the quasi judicial NLRC 
as possible unfair labor practices. 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. The DOLE, through the mediation board, 
also worked to improve the functioning of labor-management councils in 
companies that already had unions.
    Management dismissal or threatened dismissal of union members was 
common. In September approximately 65 union executive officers and 
members working through a contractor for a gold mining company were 
dismissed a few days before a DOLE-scheduled union certification 
election. In August the contractor allegedly forced members of the 
union to sign a termination letter although they had a contract to work 
through October.
    In March the CFA responded to a 2007 complaint by several union 
members at the Technical Education Services and Development Authority 
(TESDA) regarding the members' work--transfer orders and their 
subsequent dismissal from TESDA. The committee requested the Government 
to reinstate the workers and provide compensation. Conflicting 
decisions in 2007 from the Civil Service Commission called for the 
reinstatement of the workers but also approved TESDA's decision to 
dismiss them. In December a court of appeals ruled in favor of TESDA 
management. A union representative said the organization would appeal 
that decision to the Supreme Court.
    Labor groups alleged that companies in Special Economic Zones 
(SEZs) used frivolous lawsuits as a means of harassing union leaders. 
Labor groups reported that firms used bankruptcy as a reason for 
closing and dismissing workers.
    Labor law applies uniformly throughout the country, including in 
SEZs; however, local political leaders and officials who governed the 
SEZs attempted to frustrate union organizing efforts by maintaining 
union-free or strike-free policies. The ITUC in its 2007 Annual Survey 
maintained that the DOLE was unable or unwilling to enforce labor law 
in the SEZs. A conflict over interpretation of the SEZ law's provisions 
for labor inspection further obstructed the enforcement of workers' 
rights to organize. The DOLE can conduct inspections of SEZs and 
establishments located there, although local zone 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. Union successes in organizing in the SEZs 
have been few and marginal in part due to organizers' restricted access 
to the closely guarded zones and the propensity among zone 
establishments to adopt fixed--term, casual, temporary, or seasonal 
employment contracts.
    Labor groups claimed that government security forces stationed near 
industrial areas were intended to intimidate workers attempting to 
organize.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, including forced and compulsory labor by children; 
however, there were some reports of forced and compulsory labor, 
particularly by children, mainly in prostitution, drug trafficking, 
domestic service, and other areas of the informal sector (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 DOLE secretary but forbids the 
employment of persons less than 18 years of age in hazardous or 
dangerous work. However, child labor remained a common problem, and a 
significant number of children were employed in the informal sector of 
the urban economy as domestic workers or as unpaid family workers in 
rural agricultural areas--some as bonded laborers. The Government 
estimated that there were approximately four million working children, 
an estimated half of whom were exposed to hazardous working 
environments, in industries such as quarrying, mining, deep sea 
fishing, pyrotechnic production, and agriculture, especially sugar cane 
plantations.
    Most child labor occurred in the informal economy, often in family 
settings. The Government, in coordination with a number of domestic 
NGOs and international organizations, implemented programs to develop 
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 during 
the year, resources remained inadequate.
    The Government and NGOs implemented programs to prevent the 
engagement of children in exploitive child labor; they educated 
communities on child labor and provided counseling and other activities 
for children. The DOLE and the DepEd worked with NGOs to assist 
children to return to school, and UNICEF and the ILO continued to work 
with the Government on programs for the reduction of child labor. The 
Government also imposed fines and instituted criminal prosecutions for 
child labor violations in the formal sector, such as in manufacturing. 
The trial continued for a Metro Manila garment factory that employed 10 
child laborers. The DOLE continued its efforts to remove child workers 
from hazardous situations. From January to June, the DOLE conducted 16 
rescue operations, removing 59 minors.

    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, and they increased 
minimum wages slightly during the year. Under a new law, minimum wage 
earners are exempt from paying income tax. The highest minimum wage 
rates were in the National Capital Region, where the minimum daily wage 
for nonagricultural workers was 382 pesos ($8.59). The lowest minimum 
wage rates were in the Southern Tagalog Region, where daily 
agricultural wages were 187 pesos ($4.20). The regional wage board 
orders covered all private sector workers except domestic servants and 
others employed in the service of another person. Boards exempted some 
newly established companies and other employers from the rules because 
of factors such as business size, industry sector, export intensity, 
financial distress, and level of capitalization. These exemptions 
excluded substantial numbers of workers from coverage under the law. 
Through year's end the regional wage boards granted minimum wage 
exemption applications to 256 establishments, a 48 percent increase 
over 2007. Unions have filed complaints about the minimum wage 
exemption policies.
    Violation of minimum wage standards and the use of contract 
employees to avoid the payment of required benefits were common, 
including in the Government-designated SEZs, where tax benefits were 
used to encourage the growth of export industries. According to a year-
end Bureau of Working Conditions report, 11,531 of 26,169 inspected 
firms were found to have violated labor or occupational safety and 
health standards. Many firms hired employees for less than the minimum 
apprentice rates, even if there was no approved training in their 
production-line work. The DOLE inspects establishments that employ 10 
to 199 workers to determine compliance with national labor laws and 
international core labor standards. Establishments employing 200 or 
more persons and unionized establishments with collective bargaining 
agreements are subject to a self-assessment of compliance with labor 
standards. The DOLE provided training and advisory services to 
enterprises with less than 10 workers to help them comply with national 
labor laws and core labor standards. At year's end, 18 percent (4,664 
out of 26,169) of commercial establishments inspected by the DOLE were 
not in compliance with the prevailing minimum wage. The DOLE 
acknowledged that the shortage of inspectors made it difficult to 
enforce the law. In addition to fines, the Government also used 
administrative procedures and moral suasion to encourage employers to 
rectify violations voluntarily. 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 
eight-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 one 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. From January to December, 153 DOLE 
labor inspectors made 26,169 inspections to check on companies' 
compliance with general labor and working standards. Labor groups 
maintained that forced overtime was common.
    On January 22, the DOLE in the Southern Tagalog region ordered a 
Korean-owned garment factory to pay back wages, but, by May 1, only a 
portion of the workers had been paid.
    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 inspectors nationwide, 
local authorities often must carry out enforcement. The DOLE continued 
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. At year's end the DOLE conducted inspections of 7,129 
establishments on occupational safety standards compliance, 6,353 or 80 
percent of which were able to comply upon inspection. Workers do not 
have a legally protected right to remove themselves from dangerous work 
situations without risking loss of employment.
    There were work-related deaths and injuries during the year, 
including the death of five employees and injury of eight others at 
Hanjin Heavy Industries, a shipbuilding firm in Subic Bay. An 
investigation by the Subic Bay Metropolitan Authority revealed several 
safety lapses.
    The Government and several NGOs worked to protect the rights of the 
country's overseas citizens, most of whom were temporary or contract 
workers. The Government placed financial sanctions on and criminal 
charges against 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.
    In November trade unions called on the POEA to eliminate a 
provision in POEA's sample contract that lists involvement in trade 
union activities as a valid reason for terminating employment. The POEA 
subsequently removed the sample contract from its Web site.
    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. They are not allowed to join or form unions.

                               __________

                                 SAMOA

    Samoa is a constitutional parliamentary democracy that incorporates 
traditional practices into its governmental system. Its population was 
approximately 188,000. Executive authority is vested in Head of State 
Tui Atua Tupua Tamasese Efi, elected by parliament in 2007. The 
unicameral parliament, elected by universal suffrage, is composed 
primarily of the heads of extended families, or matai. The most recent 
parliamentary elections, held in 2006, were marred by charges of 
bribery. All 10 by-elections subsequently ordered by the Supreme Court 
were concluded by February 2007 and considered generally free and fair. 
The ruling Human Rights Protection Party (HRPP) increased its majority 
and continued to be the only officially recognized party in parliament. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government generally respected the human rights of its 
citizens. Some problems remained, however, including poor prison 
conditions, local limitations on religious freedom, domestic violence, 
and discrimination against women and non-matai.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and the 
Government generally observed these prohibitions in practice. Tafaigata 
Prison's former ``Cell Nine,'' in which inmates previously had been 
held with no lights, bedding, or sanitary facilities, was renovated to 
hold new inmates.
    During the year a nongovernmental organization (NGO) brought to 
light a complaint from a former inmate at the Oloamanu Juvenile Center 
alleging that a senior police officer forced him into an unwanted 
sexual relationship in 2007. At year's end the Professional Standards 
Unit of the Ministry of Police was investigating the allegation.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor, especially for male inmates. Some prison facilities were nearly a 
century old. Only basic provisions were made with respect to food, 
water, and sanitation. Diplomatic observers reported that each concrete 
cell held 10 to 15 inmates. Most cells had gravel floors, no toilets, 
poor ventilation, and almost no lighting. Some juveniles were held with 
adults. At year's end construction work continued on parts of a new 
separate facility for juveniles, the Oloamanu Juvenile Center, although 
the facility held a limited number of juveniles. Physical conditions at 
the juvenile center were generally better than those for adults, but 
there were unconfirmed reports of problems with food, clothing, and the 
water supply.
    Inmates were employed in various activities outside prisons, 
including work in government officials' private residences and 
companies. Because the Government regarded this work as a form of 
rehabilitation and preferable for the inmates to confinement in prison, 
the prisoners were not always paid for this work. The assignments 
reportedly were voluntary and periodically inspected by prison staff.
    The Government permitted visits by independent human rights 
observers; however, there were no known requests during the year. The 
Government permitted family members and church representatives to visit 
prisons every two weeks.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--The country has a small 
national police force. Enforcement of rules and security within 
individual villages is vested in the fono (Council of Matai).
    A commissioner for police and prisons administration is appointed 
to a three-year term and reports to the minister of police. Corruption 
and impunity were not significant problems among the police, although 
there were credible reports of minor instances of bribery, such as 
bribes to avoid traffic citations. A lack of resources limited police 
effectiveness.
    In September a special commission of inquiry was set up to 
investigate alleged involvement of the police commissioner in the 
smuggling of three firearms onboard the police patrol boat; at year's 
end the inquiry was ongoing.
    The 2007 case of an assistant police commissioner accused of 
indecent assault against two female police officers went to trial 
during the year but was delayed due to absence on maternity leave of 
one of the witnesses; the trial was expected to resume in 2009.

    Arrest and Detention.--The Supreme Court issues arrest warrants 
based on sufficient evidence. 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. There was a functioning system of bail. Detainees were 
allowed prompt access to family members and a lawyer of their choice. 
If the detainee is indigent, the Government provides a lawyer.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    The judiciary consists of the District Court, the Lands and Titles 
Court, the Supreme Court, and the Court of Appeal. The Court of Appeal, 
the highest court, 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.
    Due to staff shortages, some Supreme Court and District Court 
judges faced a backlog of pending cases. Of particular concern were 
postponements of rulings on constitutional cases that in some cases 
dated back years.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
A trial judge examines evidence and determines if there are grounds to 
proceed. Defendants have the presumption of innocence. Trials are 
public, and juries are used. 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. The law extends these rights to all citizens.
    Many civil and criminal matters were handled by village fono, which 
varied considerably in their decision making styles and the number of 
matai involved in the decisions. The Village Fono Act recognizes the 
decisions of the fono and provides for limited appeal to the lands and 
titles court and the Supreme Court. The nature and severity of the 
dispute determine which court receives an appeal. A further appeal may 
be made to the Court of Appeal if necessary. According to a 2000 
Supreme Court ruling, fono may not infringe upon villagers' freedom of 
religion, speech, assembly, or association.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including access to a court 
to bring lawsuits seeking damages for, or cessation of, human rights 
violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The laws prohibit such actions, and the Government 
generally respected these prohibitions in practice. However, there is 
little or no privacy in villages, where there can be substantial 
societal pressure on residents to grant village officials access 
without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice.
    The independent media were generally active and expressed a wide 
variety of views without restriction. However, the Government imposed 
restrictions on media reporting with regard to a commission of inquiry 
investigation into an alleged gun-smuggling incident involving the 
police commissioner. Although members of the media were allowed to be 
present at commission hearings, they were instructed to report only on 
daily media briefings prepared by the Office of the Attorney General; 
reporting of any information not included in the briefings was 
prohibited. At year's end the inquiry was ongoing, and media were still 
restricted in reporting on it.
    The law stipulates imprisonment for any journalist who, despite a 
court order, refuses to reveal a confidential source upon request from 
a member of the public. However, there has been no court case invoking 
this law.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Although for financial reasons private ownership of computers was 
relatively uncommon, access to the Internet through Internet cafes was 
generally available and widely used.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 acknowledges an ``independent state based on 
Christian principles and Samoan custom and traditions''; however, there 
is no official or state denomination. The law grants each person the 
right to change religion or belief and to worship or teach religion 
alone or with others, but in practice the matai often choose the 
religious denomination of their extended family.

    Societal Abuses and Discrimination.--There were no significant 
reports of societal religious discrimination. There was no organized 
Jewish community in the country, and there were no reports of anti--
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state/drl/irf/rpt.

    d. Freedom of Movement, Displaced Persons, Protection of Refugees, 
and Stateless Persons.--The constitution provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. However, traditional law governs villages, and village fono 
regularly banned citizens from village activities or banished citizens 
from the village for failing to conform to village laws or obey fono 
rulings. Cases of village banishment are rarely made public. Of those 
cases that became known during the year, reasons for banishment 
included murder, rape, adultery, and unauthorized claims to land and 
matai title. In some cases civil courts have overruled banishment 
orders. Some banished persons were accepted back into the village after 
performing a traditional apology ceremony called ``ifoga.''
    The Government was willing to cooperate with the Office of the UN 
High Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern, but the need did not arise during the year.
    The law prohibits forced exile, and the Government did not use it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, but the 
Government has not established a system for providing protection to 
refugees. The Government received no requests during the year for 
refugee status, asylum, or protection against the expulsion or return 
of refugees to countries where their lives or freedom would be 
threatened.
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 based on universal suffrage.

    Elections and Political Participation.--The most recent elections, 
held in 2006, were marred by charges of bribery. As a result of 
election challenges filed by losing candidates, the Supreme Court 
ordered 10 by elections. All the mandated by-elections were conducted 
and generally considered free and fair.
    The law does not prohibit the formation of opposition parties, but 
there were no officially recognized opposition parties. Two members of 
parliament (MPs) from the ruling HRPP resigned in disapproval of 
government legislation to switch the driving side of the road; in May 
they joined 10 other independent MPs to form the Tautua Samoa Party. 
The former Samoa Democratic United Party disbanded, with most members 
joining the new party. The new party was not officially recognized, 
however, as parliamentary standing orders dictate that parties must be 
registered before the general election to receive recognition. In 
October organizers of protests against the driving switch (none of whom 
were MPs) announced the formation of another new political party, the 
People's Party. At year's end the HRPP remained the only recognized 
party, with 35 parliamentary seats; independents, including those 
affiliated with Tautua Samoa, held 14 seats.
    While the constitution gives all citizens above age 21 the right to 
vote and run for office, by social custom candidates for 47 of the 49 
seats in parliament are drawn from the approximately 30,000 matai. 
Matai are selected by family agreement; there is no age qualification. 
Although both men and women are permitted to become matai, only 8 
percent were women. Matai controlled local government through the 
village fono, which were open to them alone.
    There were four women in the parliament and three women in the 
cabinet. Two women served as heads of constitutional offices, four 
women as chief executive officers of government ministries, and three 
women as general managers of government corporations.
    The political rights of citizens who are not of ethnic Samoan 
heritage are addressed by the reservation of two parliamentary seats 
for ``at-large'' MPs. One at-large cabinet minister and MP was of mixed 
European--Samoan heritage. Citizens of mixed European--Samoan or 
Chinese--Samoan heritage were well represented in the civil service.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented the law effectively. Penalties ranged from several months 
to several years of imprisonment if convicted. There were isolated 
reports of government corruption during the year.
    Public officials were not subject to financial disclosure laws; 
however, such disclosure was encouraged by codes of ethics applicable 
to boards of directors of government-owned corporations. The law 
provides for an ombudsman to investigate complaints against government 
agencies, officials, or employees, including allegations of corruption. 
The ombudsman may require the Government to provide information 
relating to a complaint.
    In April an account officer in the Ministry of Police and two 
account officers in the Ministry of Finance were charged with 
embezzling 350,000 tala (approximately $125,450) in police funds. The 
case was ongoing at year's end. In May a staff member of the former 
South Pacific Games Authority was convicted of embezzling 43,000 tala 
(approximately $15,400). In August a senior official of the Ministry of 
Justice was terminated after two court files went missing. However, an 
employment dispute tribunal subsequently found him innocent of 
wrongdoing and offered him reinstatement.
    In May the former financial controller of the Samoa Kidney 
Foundation pled guilty to a 2007 charge of theft as a public servant 
and was awaiting sentencing at year's end.
    Under the law government information is subject to disclosure in 
civil proceedings involving the Government, unless the information is 
considered privileged or its disclosure would harm the public interest.
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 prohibits discrimination based on race, sex, 
disability, language, or social status, and the Government generally 
respected these provisions in practice. However, politics and culture 
reflected a heritage of matai privilege and power, and members of 
certain families of high traditional status had some advantages.

    Women.--The constitution prohibits abuse of women, but common 
societal attitudes tolerated their physical abuse within the home, and 
such abuse was common.
    Rape is illegal, but there is no legal provision against spousal 
rape. Many cases of rape went unreported because common societal 
attitudes discouraged such reporting. In recent years authorities noted 
a rise in the number of reported cases of rape, as women slowly became 
more forthcoming with police. Rape cases that reached the courts were 
treated seriously. The penalties for rape ranged from two years' to 
life imprisonment, but a life sentence has never been imposed.
    Domestic abuses typically went unreported due to social pressure 
and fear of reprisal. Village fono typically punished domestic violence 
offenders, but only if the abuse was considered extreme (i.e., visible 
signs of physical abuse). Village religious leaders were also permitted 
to intervene in domestic disputes. When police received complaints from 
abused women, the Government punished the offender, including by 
imprisonment. Domestic violence is charged as common criminal assault, 
with terms of imprisonment ranging from several months to one year. The 
Government did not keep statistics on domestic abuse cases specifically 
but acknowledged the problem to be one of considerable concern.
    The Ministry of Police has a 10-person Domestic Violence Unit, 
which received reports of domestic abuse and worked in collaboration 
with NGOs that combated domestic abuse. NGO services for abused women 
included confidential hot lines, in-person counseling, victim support, 
and shelters.
    Prostitution is illegal but was not a major 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 was 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. To integrate women into the economic 
mainstream, the Government sponsored numerous programs, including 
literacy programs and training programs for those who did not complete 
high school.
    A provision of labor law prohibits employment of women between 
midnight and 6:00 a.m. This regulation was generally observed.

    Children.--The Government made a strong commitment to the welfare 
of children through the implementation of various youth programs by the 
Ministry of Women, Community, and Social Development in collaboration 
with the Ministries of Education and Health. Education is compulsory 
through age 14; however, the Government did not enforce this law. 
Public education was not free; students were required to pay some 
school fees.
    Law and tradition prohibit severe abuse of children, but both 
tolerate corporal punishment. A recent rise in reported cases of child 
abuse appeared to be due to citizens' increased awareness of the need 
to report physical, emotional, and sexual abuse of children. The 
Government aggressively prosecuted such cases.
    In September a matai was convicted of having an unlawful sexual 
relationship with a 14-year-old boy and sentenced to two-and-one-half 
years' imprisonment.
    The Ministry of Justice and Courts Administration and the Ministry 
of Education, in collaboration with NGOs, carried out educational 
activities to address domestic violence and inappropriate behavior 
between adults and children and to promote human rights awareness.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, through, or within the country.
    There are laws against kidnapping that could be used to prosecute 
trafficking-related activities. The law provides a penalty of up to 10 
years in prison for kidnapping any person with the intent to transport, 
imprison, or hold for service. Abducting or receiving a child under age 
16 is punishable by up to seven years' imprisonment. A transnational 
crimes unit monitors crimes related to trafficking in persons.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There is no law pertaining specifically 
to the status of persons with disabilities or regarding accessibility 
for them. Tradition dictates that families care for persons with 
disabilities, and this custom was observed widely in practice. There 
were no reports of discrimination against persons with disabilities in 
the areas of employment, education, access to health care, or 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 ramps and elevators in most 
multistory buildings.
    The Ministry of Women, Community, and Social Development has 
responsibility for protecting the rights of persons with disabilities.

    Other Societal Abuses and Discrimination.--Sodomy and ``indecency 
between males'' are illegal. However, these provisions were not 
actively enforced with regard to consensual homosexual acts between 
adults. There were no reports of societal violence or discrimination 
against homosexuals.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
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 (PSA) functioned as a union for all government 
workers, who comprised approximately 80 percent of the paid workforce, 
excluding the self-employed.
    The Supreme Court has upheld the right of government workers to 
strike, subject to certain restrictions imposed principally for reasons 
of public safety, and workers have exercised this right.
    Workers in the private sector have the right to strike, but there 
were no private-sector strikes during the year.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers with the right to organize and bargain collectively, 
and workers exercised this right in practice. The PSA engages in 
collective bargaining on behalf of government workers, including 
bargaining on wages. Arbitration and mediation procedures are in place 
to resolve labor disputes, although such disputes rarely arose.
    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, but matai frequently 
called upon persons, including minors, 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.--It 
is illegal to employ children under the age of 15 except in ``safe and 
light work.'' The Ministry of Labor refers complaints of illegal child 
labor to the attorney general for enforcement; however, no cases were 
prosecuted during the year. The law does not apply to service rendered 
to family members or the matai, some of whom required children to work 
for the village, primarily on village farms. The extent of this 
practice varied by village, but it generally did not significantly 
disrupt children's education.
    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.

    e. Acceptable Conditions of Work.--An advisory commission to the 
minister of labor sets minimum wages. There were two minimum wages: 
2.00 tala (approximately $0.70) per hour for the private sector, and 
2.40 tala (approximately $0.85) for the public sector. Neither provided 
a decent standard of living for a worker and family unless supplemented 
by other activities, such as subsistence farming and fishing. Wages in 
the private sector are determined by competitive demand for the 
required skills but should not be less than the minimum private-sector 
wage.
    The provisions of the Labor Act cover only the private sector; a 
separate law, the Public Service Act, covers public-sector workers. 
Labor laws stipulate a standard work week of no more than 40 hours, or 
eight hours per day (excluding meal times). For the private sector, 
overtime pay is specified at time and a half, with double time for work 
on Sundays and public holidays and triple time for overtime on such 
days. For the public sector, there is no paid overtime, but 
compensatory time off is given for overtime work.
    The Occupational Safety Hazard Act establishes certain rudimentary 
safety and health standards for workplaces, which the Ministry of 
Commerce, Industry, and Labor is responsible for enforcing. The law 
also covers persons who are not workers but who are lawfully on the 
premises or within the workplace during work hours. However, 
independent observers reported that safety laws were not enforced 
strictly, except when accidents highlighted noncompliance. Work 
accidents were investigated when reports were received. Many 
agricultural workers, among others, were inadequately protected from 
pesticides and other dangers to health. Government education and 
awareness programs addressed these concerns by providing appropriate 
training and equipment to agricultural workers. Safety laws do not 
apply to agricultural service rendered to the matai. While the law does 
not address specifically the right of workers to remove themselves from 
dangerous work situations, the commissioner of labor investigates such 
cases, without jeopardy to continued employment. The Government 
investigated several cases during the year. Government employees are 
covered under different and more stringent regulations, which were 
enforced adequately by the Public Service Commission.

                               __________

                               SINGAPORE

    Singapore is a parliamentary republic in which the People's Action 
Party (PAP), in power since 1959, overwhelmingly dominates politics. 
The population was approximately 4.6 million, with foreign workers 
accounting for nearly one fifth of the total. Opposition parties exist, 
and the May 2006 parliamentary elections were generally fair and free 
of tampering; however, the PAP placed formidable obstacles in the path 
of political opponents. Civilian authorities generally maintained 
effective control of the security forces.
    The Government has broad powers to limit citizens' rights and to 
handicap political opposition, which it used. Caning is an allowable 
punishment for numerous offenses. The following human rights problems 
also were reported: preventive detention, executive influence over the 
judiciary, infringement of citizens' privacy rights, restriction of 
speech and press freedom and the practice of self-censorship by 
journalists, restriction of freedoms of assembly and association, 
limited restriction of freedom of religion, and some 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these prohibitions.
    The penal code mandates caning, in addition to imprisonment, as 
punishment for approximately 30 offenses involving violence, 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. Through September, 4,078 convicted 
persons were sentenced to caning, and 98.7 percent of caning sentences 
were carried out.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions, while Spartan, generally met international 
standards.
    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 prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police force and the armed 
forces, and the Ministry of Home Affairs has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest and Detention.--The law provides that, in most instances, 
arrests are to be carried out after issuance of an authorized warrant; 
however, some laws, such as the Internal Security Act (ISA), provide 
for arrests without warrants. Those arrested under warrants must be 
charged before a magistrate within 48 hours. The majority of those 
arrested were charged expeditiously and brought to trial. A functioning 
bail system exists. Those who face criminal charges are allowed 
counsel; however, there is no access to counsel during an initial 
arrest and investigation before charges are filed. The Law Society 
administered a legal aid plan for those who could not afford to hire an 
attorney.
    Some laws--the ISA, the Criminal Law (Temporary Provisions) Act 
(CLA), the Misuse of Drugs Act (the drug act), and the Undesirable 
Publications Act (UPA)--have provisions for arrest and detention 
without a warrant, and under the ISA, CLA, and drug act, executive 
branch officials can order continued detention without judicial review. 
The ISA has been employed primarily against suspected security threats. 
In the past these threats were Communist related; however, in recent 
years the ISA has been employed against suspected terrorists. The CLA 
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 it is determined that a person poses a threat to national 
security. The initial detention may be for up to two years and may be 
renewed without limitation for additional periods of up to two 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 three 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, 22 detainees were being held under the ISA as 
suspected terrorists. Of these detainees, 19 were suspected of 
belonging to the terrorist group Jemaah Islamiyah (JI) or to the 
Philippines based Moro Islamic Liberation Front (MILF). In January the 
authorities detained Muhammad Zamri Abdullah and Maksham Mohammad Shah 
under the ISA for involvement in activities deemed to pose a potential 
terrorist threat. The Government placed a third man, Mohammad Taufik 
Andjah Asmara, under a Restriction Order (RO) limiting his movements. 
In March the Government announced that it had detained alleged JI 
member Rijal Yadri bin Jumari.
    A religious rehabilitation program designed to wean detained 
terrorists from extremist ideologies is in effect, and between January 
and September, 12 detainees were released under the program. Between 
January and March, five JI detainees and one MILF detainee, all held 
since 2001, and JI detainee Anis bin Mohamad Mansor, held since 2004, 
were released. On September 15, the Government announced that five 
additional alleged JI members were released between March and 
September. Three brothers, Muhamad Ismail bin Anwarul, Abdul Rashid bin 
Anwarul, and Abdul Nassir bin Anwarul, held since 2006, were released 
from detention on March 28 and placed on ROs. On September 14, 
detainees Ab Wahab bin Ahmad and Sanin bin Riffin, held since 2002, 
were released and placed on ROs. The authorities said all of the 
detainees released had cooperated in investigations and responded 
positively to rehabilitation.
    At year's end, 41 others were on ROs. This number included both 
released detainees and suspected terrorists who were never arrested. A 
person subject to an RO must seek official approval for a change of 
address or occupation, for overseas travel, or for participation in any 
public organization or activity.
    The CLA comes up for renewal every five years. Under the CLA the 
minister for home affairs may order preventive detention, with the 
concurrence of the public prosecutor, for an initial period of one 
year, and the president may extend detention for additional periods of 
up to one 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 that 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. 
Persons detained under the CLA have recourse to the courts via an 
application for a writ of habeas corpus. Persons detained without trial 
under the CLA are entitled to counsel, but they may challenge the 
substantive basis for their detention only to the CLAC. The CLA was 
used almost exclusively in cases involving narcotics or criminal 
organizations and has not been used for political purposes. The last 
CLA renewal occurred in 2004, at which time 211 persons were in 
detention under its provisions. More recent data has not been made 
available. 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 drug act permits detention without trial. Under the drug act, 
the director of the Central Narcotics Bureau (CNB) also may commit--
without trial--suspected drug abusers to a drug rehabilitation center 
for a six-month period, which is extendable by a review committee of 
the institution for up to a maximum of three years. As of September, 
612 persons were held in drug rehabilitation centers. Under the 
Intoxicating Substances Act, the CNB director may order the treatment 
of a person believed to be an inhalant drug abuser for up to six 
months.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence; 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 (LSC), of which the chief 
justice is the chairman. Under the ISA and the CLA, the president and 
the minister for 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. 
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.
    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 LSC, 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 
limited 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. 
Supreme Court justices may remain in office until the mandatory 
retirement age of 65, after which they may continue to serve at the 
Government's discretion for brief, renewable terms at full salary. Some 
observers believed that the LSC's authority to rotate subordinate court 
judges and magistrates and the Government's discretion with regard to 
extending the tenure of Supreme Court judges beyond the age of 65 
undermined the independence of the judiciary.
    In addition the law provides for Islamic courts whose authority is 
limited to Islamic family law, which is applicable only to Muslims.
    A two-tier military court system has jurisdiction over all military 
personnel, civilians in the service of the armed forces, and volunteers 
when they are ordered to report for service. The system handled 
approximately 450 cases each year. The Military Court of Appeal has 
jurisdiction to examine an appeal from a person convicted by a 
subordinate military court. Trials are public, and defendants have the 
right to be present. An accused individual also has the right to 
defense representation.

    Trial Procedures.--The law provides for the right to a fair trial, 
and independent observers viewed the judiciary as generally impartial 
and independent, except in a small number of cases involving direct 
challenges to the Government or the ruling party. The judicial system 
provides citizens with an efficient judicial process. In normal cases 
the Criminal Procedure 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. Trials are public and heard by a judge; 
there are no jury trials. Defendants 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. In death penalty cases, the Supreme Court appoints 
two attorneys for defendants who are unable to afford their own 
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. Defendants enjoy a 
presumption of innocence and the right of appeal in most cases. Despite 
the general presumption of innocence, the drug act 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 or she 
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 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.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is no 
differentiation between civil and criminal judicial procedures. The 
subordinate courts handled the majority of civil cases. Access to the 
courts is open, and citizens and residents have the right to sue for 
infringement of human rights. However, there were no known attempts to 
use legal action against the Government for human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution does not address privacy rights; 
remedies for infringement of some aspects of privacy rights are 
available under statutory or common law. 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. To prevent 
housing segregation, the Government enforced ethnic ratios in publicly 
subsidized housing where the majority of citizens lived. Normally the 
police must have a warrant issued by a court to conduct a search; 
however, they may search a person, home, or property without a warrant 
if they decide that such a search is necessary to preserve evidence or 
under the discretionary powers of the ISA, CLA, the drug act, and the 
UPA.
    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. It was believed that the authorities routinely 
monitored telephone conversations and the use of the Internet. It was 
widely believed that the authorities routinely conducted surveillance 
of some opposition politicians and other government critics.
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. 
Government intimidation and pressure to conform resulted in self-
censorship among journalists; however, there was a moderate level of 
debate in newspapers and on the Internet on some public issues such as 
rising income inequality and whether to repeal a statute that bans 
homosexual activity.
    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.
    Government leaders urged that news media support the goals of the 
elected leadership and help maintain social and religious harmony. In 
addition to strict defamation and press laws, the Government's 
demonstrated willingness to respond vigorously to what it considered 
personal attacks on officials led journalists and editors to moderate 
or limit what was published.
    Citizens do not need a permit to speak at indoor public gatherings 
outside the hearing or view of nonparticipants, unless the topic refers 
to race or religion.
    The Government effectively restricts the ability to speak freely in 
public to a single location called Speakers' Corner, which is located 
in a public park. Prospective speakers must be citizens or permanent 
residents and must show their identification cards. In August the 
Government announced it was no longer necessary for citizens to 
register in advance with the police, but only to preregister the event 
on-line with the Government. While it was not necessary to declare 
speech topics in advance, 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.'' On August 18, 
the Government announced demonstrations would also be allowed to take 
place at Speakers' Corner under the same rules and restrictions.
    The Government strongly influenced both the print and electronic 
media. Two companies, Singapore Press Holdings Limited (SPH) and 
MediaCorp, owned all general circulation newspapers in the four 
official languages--English, Chinese, Malay, and Tamil. MediaCorp was 
wholly owned by a government investment company. SPH was 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 topics usually 
closely reflected government policies and the opinions of government 
leaders.
    Columnists' opinions and letters to the editor expressed a moderate 
range of opinions on public issues.
    Government-linked companies and organizations operated all domestic 
broadcast television channels and almost all radio stations. Only one 
radio station, the BBC World Service, was completely independent of the 
Government. Some Malaysian and Indonesian television and radio 
programming could be received, but satellite dishes were banned, with 
few exceptions. Cable subscribers had access to seven foreign 
television news channels and many entertainment channels, including 
some with news programs; these were not censored.
    The Media Development Authority (MDA), a statutory board under the 
Ministry of Information, Communications, and the Arts (MICA), continued 
to censor broadcast media, Internet sites, and 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 the MDA 
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, 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 MDA has the power to sanction broadcasters for airing 
what it believes to be inappropriate content. All content airing 
between 6 a.m. and 10 p.m. must be suitable for viewers of all ages.
    A substantial number of foreign media operations were located 
within the country, and a wide range of international magazines and 
newspapers could be purchased uncensored. However, under the Newspaper 
and Printing Press Act (NPPA), the Government may limit the circulation 
of foreign publications that it determines interfere with domestic 
politics. The NPPA requires foreign publications that report on 
politics and current events in Southeast Asia, with circulation of 300 
or more copies per issue, to register, post a S$200,000 (approximately 
$150,000) bond, and name a person in the country to accept legal 
service. The Government has granted exemptions to 19 of the 24 
publications to which these requirements could apply. The Far Eastern 
Economic Review (FEER) continued to be subject to a 2006 government ban 
for failing to comply with the NPPA. Importation or possession of FEER 
for sale or distribution is an offense. Readers could access FEER 
through the Internet. Newspapers printed in Malaysia cannot be 
imported.
    The Government may limit (or ``gazette'') the circulation of 
publications. The Government also may ban the circulation of domestic 
and foreign publications under provisions of the ISA and the UPA. The 
Broadcasting Act 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 Government may 
impose restrictions on the number of households receiving a 
broadcaster's programming, and a broadcaster may be fined up to 
S$100,000 (approximately $75,000) for failing to comply.
    Critics charged that government leaders used defamation lawsuits or 
threats of such actions to discourage public criticism and intimidate 
opposition politicians and the press. Under the country's defamation 
laws, some plaintiffs can easily win substantial judgments for damages 
and legal costs. Conviction on criminal defamation charges may result 
in a prison sentence of up to two years, a fine, or both. There were no 
known new defamation suits or threats of defamation suits against media 
organizations during the year. On September 23, the High Court issued a 
summary judgment in favor of the plaintiffs in the 2006 defamation suit 
brought by Prime Minister Lee Hsien Loong and Minister Mentor Lee Kuan 
Yew against the editor and publisher of FEER in connection with a 2006 
interview with opposition politician Chee Soon Juan. On October 22, 
FEER announced it would seek to appeal the judgment. If the ruling 
stands, damages will be assessed at a later date.
    The Attorney General may bring charges for contempt of court, and 
he used this power to charge several persons who published criticisms 
of the judiciary.
    On June 2, the High Court found opposition party leaders Chee Soon 
Juan and Chee Siok Chin guilty of contempt of court and sentenced them 
to 12 and 10 days in jail, respectively. The contempt proceeding 
stemmed from comments they made during a three-day hearing to determine 
damages in connection with a 2006 conviction of the Chees and the 
Singapore Democratic Party (SDP) for libeling Minister Mentor Lee Kwan 
Yew and his son, Prime Minister Lee Hsien Loong, in an SDP newsletter 
article that drew parallels between the management style of the ruling 
party and that of a local charity that had been the subject of a 
corruption scandal. On October 13, the High Court ordered the SDP and 
the Chee siblings to pay the two Lees a total of S$610,000 
(approximately $458,000), a sum that could bankrupt the SDP.
    On November 24, a judge found three SDP members, including the 
party's Assistant Secretary General John Tan, in contempt of court. The 
attorney general brought the charges because the three attended one of 
the court proceedings against Chee Soon Juan and Chee Siok Chin wearing 
T-shirts bearing the image of a kangaroo in judicial robes. On November 
27, the court sentenced the defendants to prison terms of 15 days (for 
Tan) and seven days (for the other defendants).
    On November 25, the High Court found Dow Jones, publisher of Wall 
Street Journal Asia, in contempt of court for publishing three items, 
including a letter to the editor, questioning the independence of the 
courts from the PAP government. Dow Jones had also published in full 
two rebuttals submitted by the Government. The court fined Dow Jones 
S$25,000 (approximately $18,750) and ordered it to pay S$30,000 
(approximately $22,500) in court costs.

    Internet Freedom.--Although residents generally have unrestricted 
access to the Internet, the Government subjected all Internet content 
to the same rules and standards as traditional media. Internet service 
providers (ISPs) are required to ensure that content complies with the 
MDA's Internet code of practice. The MDA also regulates Internet 
material by licensing the ISPs through which local users are required 
to route their Internet connections. The law permits government 
monitoring of Internet use, and the Government closely monitored 
Internet activities such as blogs and podcasts. The MDA was empowered 
to direct service providers to block access to Web sites that, in the 
Government's view, undermined public security, national defense, racial 
and religious harmony, or public morals. Political and religious Web 
sites must register with the MDA. Although the MDA ordered ISPs to 
block 100 specific Web sites that the Government considered 
pornographic, in general the Government focused on blocking only a 
small number of sites. The Internet was widely available.
    In May a 24-year-old blogger was charged with posting a ``racist 
rant'' on his Web site; he was released after posting an apology. In 
June a visiting foreign citizen, Gopalan Nair, was arrested for 
comments he made in his blog about the High Court judge presiding in 
the hearing to assess damages in the Chee defamation case. He was 
charged with insulting a public servant, which carried a maximum fine 
of S$5,000 ($3,759) or one year in prison. In September Nair was found 
guilty and sentenced to three months in prison. While Nair was serving 
this sentence, the attorney general charged him with contempt of court 
for posting statements critical of the judiciary on his Web site. Nair 
retracted and apologized for those statements, and the court imposed no 
additional punishment. In November authorities released Nair from 
prison and permitted him to leave the country.

    Academic Freedom and Cultural Events.--All public institutions of 
higher education and political research have limited autonomy from 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 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.
    In October the local branch of Australia-based James Cook 
University suspended John Tan, assistant Secretary General of the
    SDP and a lecturer at the university, indefinitely from his 
teaching duties after the attorney general announced his intention to 
bring contempt-of-court charges against Tan for wearing a protest T-
shirt to court.
    The Films Act bans political advertising using films or videos as 
well as films directed towards any political purpose. The act does not 
apply to any film sponsored by the Government, and the act allows the 
MICA minister to exempt any film from the act.
    In May the MDA censors interrupted the private screening of 
political activist Seelan Palay's film One Nation Under Lee, which 
portrays the country as lacking press and political freedoms. The MDA 
confiscated the film because it had not been submitted to the Board of 
Film Censors for classification and certification. At year's end the 
Board of Film Censors still had not certified the film, with the result 
that any public screening remains unlawful.
    A list of banned films was available on the MDA Web site. Certain 
films that were barred from general release may be allowed limited 
showings, either censored or uncensored, with a special rating. In 
April the MDA censors gave an NC--16 (no children below 16 years old) 
rating to a documentary by filmmaker Martyn See focused on the 
activities of SDP chief Chee Soon Juan and others during a three-day 
protest at the Speakers' Corner.
    In January the MDA stopped the Complaints Choir from performing in 
public, stating that foreigners should not get involved in domestic 
politics. The choir included six foreigners among its 50 members and 
refused to perform without the six. The performance was moved to an 
indoor venue and was recorded and posted on YouTube, where it received 
over 10,000 viewings.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--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, citizens do not need 
permits for some indoor speaking events. Spontaneous public gatherings 
or demonstrations were virtually unknown.
    On August 18, the Government announced it would relax restrictions 
on public gatherings at Speakers' Corner (See Section 2.a.).
    The Government closely monitored political gatherings regardless of 
the number of persons present. Plain-clothes police officers often 
monitored political gatherings.

    Freedom of Association.--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. The Government has absolute 
discretion in applying criteria to register or dissolve societies. 
During the year the Registry of Societies received 289 registration 
applications. No application processed during the year was denied.
    The Government prohibits organized political activities except by 
groups registered as political parties or political organizations. This 
prohibition limits opposition activities disproportionately and 
contributes to restricting the scope of unofficial political expression 
and action. The PAP was able to use nonpolitical organizations, such as 
residential committees and neighborhood groups, for political purposes 
far more extensively than opposition 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 
nongovernmental organizations (NGOs) apart from nonpolitical 
organizations such as religious groups, ethnically oriented 
organizations, and providers of welfare services.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, the Government restricted this right in some 
circumstances. The constitution provides that all citizens or persons 
in the country have the right to profess, practice, or propagate their 
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. These 
groups 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. 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, that it interpreted as adversely affecting racial and 
religious harmony. The Government may issue restraining orders barring 
participation in activities adversely affecting religious harmony. 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 maintains a 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, drafts a 
weekly approved sermon, maintains regulatory authority over Muslim 
religious matters, and oversees a fund financed by voluntary payroll 
deductions and used for mosque building and social and educational 
purposes.
    The Jehovah's Witnesses and Unification Church are banned along 
with 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 S$2,000 (approximately $1,500); 
for holding a meeting, the fine can be as high as S$4,000 ($3,000). 
There were no arrests of Unification Church members reported during the 
year. The Government declined to make data available to the public 
concerning arrests of Jehovah's Witnesses during the year.
    While the Government did not prohibit evangelical activities, in 
practice it discouraged activities that could upset intercommunal 
relations, such as unsolicited public proselytizing.

    Societal Abuses and Discrimination.--The size of the Jewish 
community was approximately 800-1,000. There were no reports of 
societal religious discrimination or of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and the law provide 
for freedom of movement within the country, foreign travel, emigration, 
and repatriation, and the Government generally respected these rights 
in practice; however, it limited them in a few respects. The Government 
cooperated with the Office of the UN High Commissioner for Refugees and 
other humanitarian organizations in providing protection and assistance 
to internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    Citizens' choice of where to live sometimes was limited by the 
Government's legal requirement for ethnic balance in publicly 
subsidized housing, in which the majority of citizens lived. 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. 
According to official press releases, at year's end there were 41 
suspected terrorists subject to such restrictions.
    The law prohibits forced exile, and the Government did not employ 
it.
    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 the 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.
    In June the authorities refused to grant Chee Siok Chin permission 
to travel overseas to participate in a foreign fellowship program. She 
was required to have government approval to leave the country as a 
result of her bankruptcy stemming from failure to pay fines related to 
a 2005 protest she and three others staged outside a government 
building.
    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 
13 to 16+ years are issued passports that are valid for five years but 
are required to obtain exit permits for trips longer than three months. 
From the age of 16+ until the age of enlistment, male citizens are 
granted one-year passports and are required to apply for exit permits 
for travel that exceeds three months. A bond of S$75,000 (approximately 
$56,250) is needed for exit permits of two years or more for both age 
groups.
    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.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, to which the 
country is not a party. The Government has established a system for 
providing protection to refugees on a case-by-case basis. In practice, 
the Government provided protection against expulsion or return of 
refugees to countries where their lives or freedom would be threatened.
    During the year the Government required some Burmese nationals who 
held permanent residence status in Singapore to leave the country upon 
expiration of their visas. The authorities determined that these 
persons had attempted to hold demonstrations without approval and had 
ignored police warnings. They were not required to return to Burma but 
departed for third countries.
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. Opposition parties can 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 almost five decades, has used the Government's extensive powers to 
place formidable obstacles in the path of political opponents.

    Elections and Political Participation.--Following the 2006 
elections, the PAP (having captured 66.6 percent of the vote) held 82 
of 84 elected constituency seats in Parliament; the opposition 
Singapore Democratic Alliance (13.1 percent) and the Workers' Party 
(16.3 percent) each held one elected seat. Because three seats are 
reserved by law for opposition parties, the Workers' Party obtained a 
second, ``nonconstituency'' seat as the opposition party with the 
highest vote total.
    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 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 challenge 
seriously the ruling party. The PAP claimed that the lack of an 
effective opposition was due to disorganization, weak leadership, and 
the absence of persuasive alternative policies.
    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) further strengthened the PAP's position. 
The CDCs promoted community development and cohesion and provided 
welfare and other assistance services. The PAP dominated the CDCs even 
in opposition-held constituencies from which it threatened to withdraw 
publicly funded benefits.
    The PAP completely controlled key positions in and out of 
government, influenced the press and courts, and limited opposition 
political activities. Often the means were fully consistent with the 
law and the normal prerogatives of a parliamentary government, but the 
overall effect (and many argued the ultimate purpose) was to 
disadvantage and weaken political opposition. Since 1988 the PAP 
changed all but nine single-seat constituencies into group 
representational constituencies (GRCs) of five 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 ethnic minority candidate. These changes made 
it more difficult for opposition parties, all of which had very limited 
memberships, to fill multimember candidate lists. The constitutional 
requirement that members of Parliament resign if expelled from their 
party helped ensure backbencher discipline.
    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. There were 24 registered political 
parties in the country; however, only six 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 blocks or to establish community 
foundations. In addition government influence extended in varying 
degrees to academic, community service, and other NGOs.
    The law provides for a popularly elected president to be elected 
for a six-year term from among candidates who are approved by a 
constitutionally prescribed committee selected by the Government. In 
2005 the committee decided that the PAP endorsed incumbent, President 
S.R. Nathan, was the only qualified candidate out of four applicants. 
The election was cancelled, and Nathan was inaugurated for a second 
term. 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 were 
run by or linked to the Government.
    Voting is compulsory, and 95 percent of eligible voters voted. 
There is no legal bar to the participation of women in political life; 
women held 17 of the 84 elected parliamentary seats. There were three 
female ministers of state, although none of cabinet rank. Three of the 
15 Supreme Court justices were women. On April 11, the Government 
appointed the country's first female solicitor general.
    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 made up 
approximately 15 percent of the general population and held 
approximately the same percentage of elected seats in Parliament. 
Indians made up approximately 9 percent of the general population and 
held approximately 11 percent of the elected seats in Parliament. There 
were four ethnic Indian ministers and one ethnic Malay minister. Three 
of the 14 members of the Supreme Court were ethnic Indian; there were 
no Malays on the court.

    Government Corruption and Transparency.--There were no reports of 
government corruption during the year. In the past the Government 
actively prosecuted officials involved in corruption. The salaries of 
senior officials are public information, and political parties must 
report donations; however, there is no financial disclosure law.
    There are no laws that specifically provide for public access to 
government information; however, significant amounts of information 
were available on government Web sites.
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. Some domestic NGOs criticized 
restrictions on human rights or suggested changes that would relax or 
remove restrictions. NGOs working in the area of trafficking in persons 
described cooperation from the authorities as ``excellent.''
    The Presidential Council on Minority Rights monitors pending 
legislation for anything possibly disadvantageous to minorities.
    The Government permitted international human rights organizations 
to observe human rights related court cases.
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; there is no explicit 
provision granting equal rights to women and minorities. Mindful of the 
country's history of intercommunal 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 gender.

    Women.--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 be committed only 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. 
During the year 10 persons were prosecuted for rape; there were two 
convictions, and eight persons were awaiting trial. The Ministry of 
Education and the police both carried out programs aimed at preventing 
rape.
    The law criminalizes domestic violence and intentional 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 increased in recent years, in part because the definition of 
violence includes intimidation, continual harassment, or restraint 
against one's will. The law prescribes mandatory caning and a minimum 
imprisonment of two years for conviction on any charge of ``outraging 
modesty'' that caused the victim fear of death or injury. The press 
gave prominent coverage to instances of abuse or violence against 
women. Several organizations provided assistance to abused women. The 
Association of Women for Action and Research operated a hot line that 
offered counseling and legal advice. The Family Protection and Welfare 
Service, an office of the Ministry of Community Development, Youth, and 
Sports (MCYS), documented physical and psychological abuse and provided 
counseling and other support services to abused women. The Star Shelter 
accepted children, women, and men and could accommodate up to 30 
persons. In 2006 there were more than 2,600 applications for Personal 
Protection Orders, 70 percent of which were filed by wives for 
protection against their husbands. The Government did not provide more 
recent data concerning such orders.
    Prostitution itself is not illegal; 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.
    There are no specific laws prohibiting stalking or sexual 
harassment; however, the Miscellaneous Offenses Act and laws 
prohibiting insults to modesty were used successfully to prosecute 
these offenses. Sexual harassment was not considered a significant 
problem; there was an active education program in place for workers.
    Women accounted for 56 percent of civil service employees. They 
enjoyed the same legal rights as men, including civil liberties, 
employment, commercial activity, and education. The Women's Charter 
gives women, among other rights, the rights 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 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. During the year there 
were 53 applications for polygynous marriages. As of year's end, 21 of 
those applications were approved, 11 were rejected, six had been 
withdrawn, and 15 remained pending. Polygynous marriages constituted 
0.5 percent of Muslim marriages.
    Both men and women have the right to initiate divorce proceedings; 
however, in practice women faced significant difficulties that often 
prevented them from pursuing such proceedings. This included the lack 
of financial resources to obtain legal counsel. Men do not have the 
right to seek alimony from their wives in cases of divorce or 
separation.
    As of June women constituted 43.3 percent of the labor force and 
were well represented in many professions. The percentage of women 
between the ages of 30 and 54 in the workforce increased to 68.9 
percent in 2007, with 46.8 percent of women 55 and over employed. 
However, women held few leadership positions in the private sector and 
no cabinet level positions in the Government. Women were 
overrepresented in low wage jobs such as clerks and secretaries. 
Salaries for women ranged upwards from 66 percent of men's salaries 
depending on the occupational grouping. In some occupations women 
earned 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.

    Children.--The Government demonstrated a strong commitment to 
children's rights and welfare through well-funded systems of public 
education and medical care, and access was equal for all children. The 
Children and Young Persons Act created a juvenile court system and 
established protective services for children orphaned, abused, 
``troubled,'' and with disabilities. The MCYS 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 from 50 to 100 percent of living expenses 
and overhead, as well as expenses for special schooling, health care, 
and supervisory needs.
    Some child prostitution occurred. During the year authorities 
arrested 40 female prostitutes believed to be under the age of 18. In 
2007 the Government revised the penal code to criminalize commercial 
sex with any individual under the age of 18, whether the offense occurs 
in Singapore or elsewhere. One person was prosecuted for and convicted 
of this offense during the year. The age of consent remains 16 years of 
age. Sexual intercourse with anyone under the age of 16 is illegal, and 
the law prescribes punishment of up to five years in prison and a fine 
of up to S$10,000 (approximately $7,500). The authorities may detain 
persons under age 18 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 MCYS sponsored activities promoting children's causes, 
including family stability. The ministry and several NGOs focused on 
keeping fathers involved in their children's lives and on preventing 
child abuse.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, the country was a destination for women and girls 
trafficked from Southeast Asia and China for prostitution. A small 
number of foreign domestic workers faced seriously abusive labor 
conditions that amounted to involuntary servitude. Some women from 
Thailand, the Philippines, China, and Indonesia who traveled to the 
country voluntarily for prostitution or other work were deceived.
    Three major laws govern trafficking and prostitution: the Women's 
Charter, the Children and Young Persons' Act, and the penal code. 
Trafficking in women and children, regardless of whether it is related 
to prostitution, is punishable by up to five years' imprisonment, a 
S$10,000 (approximately $7,500) fine, and caning. Traffickers could be 
prosecuted under provisions governing kidnapping, abduction, slavery, 
and forced labor, which carry 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. During the year one person was prosecuted 
in relation to forced prostitution and importing women under false 
pretenses for the purpose of prostitution.
    In practice successful investigation and prosecution of trafficking 
in persons required that victims remain in or return to the country to 
testify. Police urged victims to remain in the country until a case was 
prosecuted, and generally they did; some abused domestics who left were 
brought back to testify. Victims did not receive government assistance 
during this period or at other times and 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, the authorities did not appear to investigate or 
prosecute such assistance.
    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.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 S$100,000 (approximately $75,000) was available to 
employers to defray the expense of building modifications to benefit 
employees with disabilities. The country allows guide dogs for the 
blind into public places and on public transportation. During the year, 
6.5 percent of public trains and buses were wheelchair accessible.
    Informal provisions in education permitted university matriculation 
for the visually impaired, those hard of hearing, and students with 
other physical disabilities. More than 4,000 children with intellectual 
disabilities attended mainstream schools. There were 20 special 
education schools that enrolled approximately 4,800 students. 
Approximately 20 percent of primary and secondary schools were equipped 
with full-handicap facilities, and all schools were outfitted with 
basic handicap facilities such as handicap toilets and first-level 
wheelchair ramps. The Government provided funds for six childcare 
centers to take in 60 children with special needs.
    The Government allowed a tax deduction of up to S$3,500 ($2,625) 
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. 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 
asserted, 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 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'' 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.
    Government policy enforced ethnic ratios for publicly subsidized 
housing to prevent ethnic or racial ghettos.

    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 countered misperceptions about HIV/AIDS, and publicly 
praised employers that welcomed workers with HIV/AIDS.
    Consensual homosexual sex is illegal but in practice was not 
prosecuted.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides all 
citizens 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 expanded 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 to choose 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 may grant exemptions. The 
Trade Unions Act limits the objectives for which unions can spend their 
funds and prohibits payments to political parties or the use of funds 
for political purposes. In 2007 the national labor force consisted of 
approximately 2.9 million workers, nearly 500,000 of whom were 
represented by 69 unions. Almost all of the unions (which represented 
virtually all 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 Swee Say, a PAP MP, was a 
member of the cabinet as minister in the Prime Minister's Office. Young 
PAP MPs with no union experience were often elected to leadership 
positions in the NTUC or a member union. NTUC policy prohibited union 
members who supported opposition parties from holding office in 
affiliated unions. While the NTUC is financially independent of the 
PAP, the two shared a common ideology and worked closely with 
management in support of nonconfrontational labor relations. The NTUC 
is free to associate regionally and internationally.
    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. No specific 
laws prohibit retaliation against strikers. The law provides that 
before striking, 51 percent of unionized workers must vote in favor of 
the strike by secret ballot, as opposed to the more common practice of 
51 percent of those participating in the vote.
    Most disagreements were resolved through informal consultations 
with the Ministry of Manpower. If conciliation failed, the disputing 
parties usually submitted their case to the tripartite Industrial 
Arbitration Court (IAC), which is composed of representatives from 
labor and management and chaired by a judge. In limited situations the 
law provides for compulsory arbitration, which has not been used since 
1980. 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.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining was a normal part of labor-management relations in the 
industrial sector. The IAC must certify collective agreements before 
they go into effect. The IAC may refuse certification at its discretion 
on the ground of public interest. Union members may not reject 
collective agreements negotiated between their union representatives 
and the employer. Transfers and layoffs are excluded from the scope of 
collective bargaining. However, in practice employers consulted with 
unions on both issues, and the Tripartite Panel on Retrenched Workers 
issued guidelines calling for early notification to unions of layoffs.
    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 
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 were 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 age 12 or older may be employed 
in light work, subject to medical clearance. Employers must 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 seven 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. Agreements between 
management and labor were renewed every two to three years, although 
wage increases were negotiated annually. The National Wages Council, a 
group composed of labor, management, and government representatives, 
issued yearly guidelines on raises and bonus pay that served as the 
starting point for bargaining agreements. Subject to negotiation in 
each enterprise, up to 10 percent of salaries was considered 
``variable'' each month, allowing companies to eliminate that portion 
of pay if there were financial problems. The labor market generally 
offered citizens and permanent residents 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 one rest day each week.
    The Ministry of Manpower effectively enforced laws and regulations 
establishing working conditions and comprehensive occupational safety 
and health laws. Enforcement procedures, coupled with the promotion of 
educational and training programs, were implemented to reduce the 
frequency of job-related accidents. While workers have the right under 
the Employment Act to remove themselves from a dangerous work 
situation, their right to continued employment depended upon an 
investigation of the circumstances by the ministry.
    Because of a domestic labor shortage, approximately 600,000 foreign 
workers were employed legally, constituting approximately 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. Employers are required by law to provide their workers 
with a minimum standard of housing.
    Although the great majority of the approximately 180,000 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, abuse, and labor conditions that in some 
cases could amount to involuntary servitude. The authorities fined or 
imprisoned employers who abused maids. During the year the Ministry of 
Manpower collected unpaid wages on behalf of maids in 276 cases. The 
Government prosecuted abusive employers in numerous cases. For example 
in July, a man was sentenced to 2+ years in jail for repeatedly 
molesting his Indonesian maid, and, in a separate case, a housewife was 
sentenced to a 20-month jail term for causing her dog to bite her maid. 
In June a man was sentenced to 10 months in jail and three strokes of 
the cane for molesting his domestic employee. In September two siblings 
were sentenced to six weeks and 26 months in jail, respectively, for 
abusing their Indonesian maid.
    Public debate continued about how to prevent abuse of maids. The 
Ministry of Manpower operated a demerit points system that penalized 
employment agencies for violating government regulations. The 
accumulated points are shown on the ministry's Web site to help 
potential employers identify errant agencies. Agencies with too many 
demerits faced license suspension. The ministry sets the minimum age 
for maids at 23 and requires all maids to show that they had eight 
years of formal education before allowing them to enter the country. 
All new maids and new employers of maids must undergo mandatory 
training on maids' rights and responsibilities. Maids must take a 
written entrance exam that covers topics such as safety and English 
comprehension. In July the ministry issued regulations that prohibit 
employers both from receiving payment as consideration for employing 
foreign workers and from recovering from employees any employment-
related costs, such as mandatory health insurance, fees, and training 
costs.
    Most maids worked six days per week from early morning until late 
in the evening. The ministry required employers to deposit a maid's 
salary directly into her bank account if she so requests. The ministry 
also regularly distributed pamphlets in four different languages 
alerting maids to their rights. The law mandates a standard employment 
contract for maids and stipulates that maids are to be provided either 
a minimum of one day off each month or cash compensation.
    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 may be cancelled if a worker 
applies 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. The NTUC reported that it advocated for 
the rights of all migrant work-permit holders through its Migrant 
Workers' Forum. In addition, the Ministry of Manpower offered 
conciliation services for all employees, foreign or local. The Foreign 
Workers Unit of the ministry provided free advisory and mediation 
services to foreign workers experiencing problems with employers. The 
Government allowed complainants to seek legal redress and operated a 
hot line for maids. During the year the hot line received approximately 
4,800 calls, 97 percent of which were general inquiries.

                               __________

                            SOLOMON ISLANDS

    The Solomon Islands is a constitutional multiparty parliamentary 
democracy with a population of approximately 566,000. Parliamentary 
elections held in April 2006 were considered generally free and fair, 
although there were incidents of vote buying. In December 2007 the 
parliament elected Derek Sikua as prime minister. The Regional 
Assistance Mission to the Solomon Islands (RAMSI), a multinational 
police-centered force organized by Australia, arrived in the country in 
2003 at the Government's invitation to assist in restoring law and 
order and rebuilding the country's institutions following the 1998 to 
2003 period of violent conflict between the Malaitan and Guadalcanalese 
ethnic groups. RAMSI continued its assistance during the year, and 
relations between RAMSI and the Government remained stable. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens, but there were problems in some areas. Human rights problems 
included lengthy pretrial detention, government corruption, and 
violence and discrimination against women and minorities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
confirmed reports of such practices during the year. There were a few 
allegations by detainees that they were mistreated by police during 
questioning, but they often lacked substantiating evidence.
    Since its arrival in 2003, RAMSI apprehended and charged persons 
allegedly responsible for human rights abuses and other criminal acts. 
More than 240 persons were arrested. Most of those arrested had been 
tried by year's end, although cases were still pending.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers, including the 
International Committee of the Red Cross (ICRC).

    d. Arbitrary Arrest and Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--A commissioner who 
reports to the minister of police heads the Royal Solomon Islands 
Police (RSIP) force of approximately 1,050 members. This force was 
supported by 250 RAMSI officers, who served in line positions and in 
logistical and finance support. During the year Police Commissioner 
Mohammed Jahir Khan, a Fijian, was alleged to have abused powers, and 
his contract was not renewed. Peter Marshall, a New Zealander, was 
appointed acting police commissioner.
    While the police were more effective under RAMSI, the RSIP 
continued to be weak in investigation and reporting. The police service 
has an inspection unit to monitor police discipline and performance. 
Police corruption and impunity were not serious problems during the 
year. However, some observers criticized that the police were more 
loyal to their respective ethnic group, or wantok (extended family), 
than to the Solomons as a whole.
    On October 20, following an investigation by the RSIP, a police 
officer from Honiara was arrested and charged with incest, indecent 
assault, and attempted rape. He was removed from his duties without pay 
and was released on bail. At year's end the officer was due to appear 
in court at a later unspecified date.

    Arrest and Detention.--The law provides for a judicial 
determination of the legality of arrests. Detainees generally were 
informed promptly of the charges against them and have the right to 
counsel. The Public Solicitor's Office provided legal assistance to 
indigent defendants. Detainees had prompt access to family members and 
to counsel. Officials found to have violated civil liberties were 
subject to fines and jail sentences. There was a functioning system of 
bail. However, delays in adjudication of the large number of cases 
before the courts resulted in lengthy pretrial detention for some 
detainees.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. On June 24, Justice Nkemdilim Amelia Izuako 
was appointed as the first female judge on the High Court.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    Trial procedures normally operated in accordance with British 
common law, with a presumption of innocence, access to attorneys, and 
the right to access government-held evidence, confront witnesses, and 
appeal convictions. Judges conduct trials and render verdicts; there 
are no juries. Accused persons are entitled to counsel, and an attorney 
was provided at public expense for indigent defendants facing serious 
criminal charges.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters; local courts and magistrates' 
courts have civil jurisdiction. In addition the constitution provides 
that any person whose rights or freedoms have been contravened may 
apply directly to the High Court for redress.

    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.
    Individuals were allowed to criticize the Government publicly and 
privately without reprisal. The Government did not attempt to impede 
criticism. However, there were reports of intimidation and evidence of 
threats from criminal elements against individuals who criticized the 
Government.
    The independent media were active and expressed a wide variety of 
views without restriction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. In 
practice cost factors and lack of infrastructure limited public access 
to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, and the 
Government generally respected this right in practice. Demonstrators 
must obtain permits, which the Government generally granted.

    Freedom of Association.--The constitution provides for freedom of 
association, but at times the Government restricted this right. The 
Government has outlawed the principal militant groups. Other groups 
associated freely.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination, including anti--Semitic acts. The 
Jewish community was very small.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use it. 
Native-born citizens may not be deprived of citizenship on any grounds.

    Protection of Refugees.--Although party to the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, the 
Government has not established a system for providing protection to 
refugees. The Government did not grant refugee status or asylum during 
the year. In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
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.

    Elections and Political Participation.--The April 2006 national 
parliamentary elections were regarded as generally free and fair, 
although there was evidence of vote buying. In April 2006 rioting broke 
out in Honiara immediately following the election of Snyder Rini as 
prime minister. Rini resigned, and in May 2006 the parliament elected 
Manasseh Sogavare as prime minister. In December 2007 Sogavare's 
government lost a vote of no confidence, and parliament elected 
opposition candidate Derek Sikua as prime minister.
    Political parties could operate without restriction, but they were 
institutionally weak, with frequent shifts in political coalitions and 
unstable parliamentary majorities.
    Male dominance in government limited the role of women. There were 
no women in the 50-member parliament. Five women served as permanent 
secretaries in the Sikua government.
    There were two minority (non--Melanesian) members in parliament.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity. Government corruption and impunity in both the 
executive and legislative branches continued to be serious problems.
    Public officials were subject to financial disclosure laws under 
the leadership code of conduct. The Office of the Leadership Code 
Commission (LCC) investigates matters of misconduct involving members 
of parliament (MP) or senior civil servants. If the LCC finds that 
there is conclusive evidence of misconduct, the LCC sends the matter to 
the Department of Public Prosecution, which can then proceed with legal 
charges. The Ombudsman Commission is responsible for investigating 
public complaints of government maladministration.
    On August 13, MP Peter Shanel was found guilty of unlawful wounding 
and possession of an unlawful weapon in a restricted area. He was 
sentenced to nine months' imprisonment. An appeal in the High Court was 
pending at year's end.
    During the year the Solomon Islands Code Commission began 
investigating 16 MPs from the National Alliance Party of Solomon 
Islands (NASPI) for accepting SBD$50,000 (approximately $6,500) in 
loans from Bobo Dettke, a prominent Honiara businessman and founder of 
NASPI. Some alleged that the money was provided by logging companies 
that wanted to influence key ministries, including the Ministries of 
Finance, Forests, and Environment and Conservation. Dettke was 
scheduled to appear before the LCC for a hearing in March 2009.
    Due to a delay in the Court of Appeal judges' annual visit to the 
country, at year's end a government appeal remained pending before the 
High Court in the cases of a former East Honiara MP and a former 
cabinet minister charged in 2004 and 2005, respectively, with official 
corruption involving the granting of certificates of naturalization to 
Chinese nationals. A court acquitted both on the basis of insufficient 
evidence, and the Government appealed the verdicts.
    In November 2007 a magistrate's court found MP and former Prime 
Minister Allan Kemakeza guilty of intimidation, larceny, and demanding 
money with menace in connection with a 2002 attack by a group of men on 
a Honiara law firm that owned shares in the country's national bank. In 
December 2007 the court fined Kemakeza SBD$7,500 (approximately $1,050) 
and sentenced him to five months' imprisonment, reduced to two months. 
At year's end the appeal was still pending due to a delay in the annual 
visit of Court of Appeal judges to the first quarter of 2009.
    No law provides for public access to government information. In 
practice the Government generally was responsive to inquiries from the 
media during the year.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views.
    The Guadalcanal Peace and Reconciliation Committee was formed in 
2007 to plan the reconciliation and peace process on Guadalcanal. The 
Committee met in October to discuss and produce a plan for 
interprovincial peace and reconciliation activities for 2009.
    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. In July a 
new ombudsman was appointed when the Court of Appeal upheld the 
decision on the ombudsman designate's appointment.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides that no person--regardless of race, place 
of origin, color, 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 the male-
dominated society. Unemployment was high, and there were limited job 
opportunities for persons with disabilities.

    Women.--The law does not specifically address domestic violence; 
however, there are provisions against common assault and rape. Violence 
against women, including rape and domestic abuse, remained a serious 
problem. 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 maximum penalty for forced rape is life imprisonment. Spousal 
rape is not a crime. Following RAMSI's arrival, rape charges were 
brought against a number of persons. As part of a new police 
curriculum, officers received specialized training on how to work with 
rape victims. The police have a sexual assault unit, staffed mostly by 
female officers, to combat the problem.
    Although statistics were unavailable, incidents of domestic 
violence appeared to be common. In the rare cases of domestic abuse 
that were reported, victims often dropped charges 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. Nongovernmental organizations (NGOs) 
conducted awareness campaigns on family violence during the year. There 
was one church-run facility for abused women and an NGO-supported 
family center that provided counseling, legal assistance, and other 
support services for women.
    Prostitution is illegal, but the statutes were not enforced. There 
is no law specifically against sex tourism, although such offenses 
could be prosecuted under laws against prostitution.
    Sexual harassment is not illegal and was a problem.
    The law accords women equal legal rights, including the right to 
own property. However, women were limited to customary family roles, 
and this situation 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. An estimated 80 percent of women 
were illiterate; this was attributed in large part to cultural 
barriers. The Solomon Islands National Council of Women and other NGOs 
attempted to make women more aware of their legal rights, including 
voting rights, through seminars, workshops, and other activities. The 
Government's Women's Development Division also addressed women's 
issues.

    Children.--While constrained by resources, the Government was 
committed to the welfare and protection of children. During the year 
major foreign assistance continued to bolster the educational system, 
but education was not compulsory, and the high cost of school fees 
severely limited attendance at secondary and higher institutions.
    The law grants children the same general rights and protections as 
adults, and there are laws designed to protect children from sexual 
abuse, child labor, and neglect. Child sexual and physical abuse 
remained significant problems, according to the coordinator of the 
Family Support Center in Honiara. However, children generally were 
respected and protected within the traditional extended family system, 
in accordance with a family's financial resources and access to 
services. Virtually no children were homeless or abandoned.
    Both boys and girls may legally marry at age 15, and the law 
permits marriage at age 14 with parental and village consent, but 
marriage at such young ages did not appear to be common.

    Trafficking in Persons.--The law prohibits trafficking in persons 
for labor or sexual exploitation. There were no confirmed reports that 
persons were trafficked to, from, through, or within the country, but 
there were anecdotal reports that young women were trafficked 
internally, and from China and several Southeast Asian countries, for 
the purpose of sexual exploitation on foreign ships and in logging 
camps.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 is left to 
the extended family and NGOs. A disability center in Honiara assisted 
persons with disabilities in finding employment; however, 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 ICRC. An 
education unit at the College of Higher Education, staffed by 
Australian volunteers, trained teachers in the education of persons 
with disabilities. Such training was compulsory for all student 
teachers at the college. Persons with mental disabilities were cared 
for within the family structure; there were very limited government 
facilities for such persons. The Kilufi Hospital in Malaita operated a 
10-bed ward for the treatment of psychiatric patients.

    National/Racial/Ethnic Minorities.--The country comprises more than 
27 islands with approximately 70 language groups. 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. Tensions and 
resentment between the Guadalcanalese and the Malaitans on Guadalcanal 
culminated in violence beginning in 1998. The presence of RAMSI greatly 
reduced ethnic tension between the two groups, and the Peace and 
Reconciliation Ministry organized reconciliation ceremonies. However, 
underlying problems between the two groups remained, including issues 
related to jobs and land rights.
    Unlike in prior years, there were no known instances of societal 
discrimination against Chinese or Australians.

    Other Societal Abuses and Discrimination.--Same-sex relationships 
are illegal, and persons engaged in same-sex relationships were often 
the subject of societal discrimination.
    While there were fewer than 200 confirmed HIV/AIDS cases, there 
were reports that HIV-positive individuals were often disowned by their 
families.
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 an 
estimated 10 percent of the population participated in the formal 
sector of the economy. According to the chief of trade unions, 
approximately 55 percent of employees in the public sector and 25 
percent of those in the private sector were organized.
    The law permits strikes. Private-sector disputes usually were 
referred quickly to the Trade Disputes Panel (TDP) for arbitration, 
either before or during a strike. In practice the small percentage of 
the work force in formal employment 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.
    In May Solomon Islands Telikom workers were on a two-week strike. A 
deed of settlement was drafted and was pending formal recognition by 
stakeholders at year's end.
    On October 21, after the Heritage Park Hotel construction workers' 
demands for better pay and improved working conditions had not been 
met, they went on strike for several weeks. With the assistance of a 
dispute panel, a deal was reached between the hotel management and the 
Solomon Islands National Union of Workers, which represented the 
workers in negotiations to settle the dispute, and the employees 
returned to work.
    The standoff between the National Union of Workers and the Russell 
Islands Plantation Estate continued during the year, and estate workers 
were still on strike. At year's end the case was pending with the high 
courts.

    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 were 
determined by collective bargaining, usually at the level of individual 
firms. Disputes between labor and management that cannot be settled 
between the two sides are referred to the TDP for arbitration. The 
three-member TDP, composed of a chairman appointed by the judiciary, a 
labor representative, and a business representative, is independent and 
neutral.
    The law protects workers against antiunion activity, and there 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, except as 
part of a court sentence or order; however, there were some unconfirmed 
reports of internal trafficking in young women for purposes of sexual 
exploitation.

    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 
commissioner of labor is responsible for enforcing child labor laws, 
but few resources were devoted to investigating child labor cases. 
Given low wages and high unemployment, there was little incentive to 
employ child labor.

    e. Acceptable Conditions of Work.--The minimum wage rate was 
SBD$1.50 ($0.20) per hour for all workers except those in the fishing 
and agricultural sectors, who received SBD$1.25 ($0.17). 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 six 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 with 
a population of more than 65 million. The King is revered and exerts 
strong informal influence. In the most recent election for the lower 
house of parliament, held in December 2007, the People's Power Party 
(PPP), led by Samak Sundaravej, won a plurality. A six-party coalition 
elected Samak as prime minister, and he held office until a September 9 
Constitutional Court ruling forced him to step down. On September 25, a 
new government, headed by Somchai Wongswat, took office but stepped 
down on December 2 following a Constitutional Court ruling that 
dissolved his party because of electoral law violations. A government 
led by Abhisit Vejjajiva was inaugurated on December 22. Earlier in the 
year, a selection committee announced on February 19 the appointment of 
74 senators to the 150-seat upper house of parliament. On March 2, 
voters elected the remaining 76 senators to represent each province. 
The election process for both legislative bodies was generally viewed 
as free and fair, but there were widespread allegations of vote buying. 
Civilian authorities generally maintained effective control of the 
security forces, although the military continued to play a role in 
maintaining internal security.
    Despite a year of political instability, the country avoided 
unconstitutional disruptions in governance, and the Government's 
respect for human rights remained unchanged. Security forces continued 
at times to use excessive force against criminal suspects, and some 
elements also committed or were connected to extrajudicial, arbitrary, 
and unlawful killings. Reports also linked police to disappearances. 
There were reports that police tortured, beat, and otherwise abused 
detainees and prisoners, many of whom were held in overcrowded and 
unsanitary conditions. Police corruption was widespread. A separatist 
insurgency in the southern part of the country resulted in numerous 
human rights abuses, including killings, committed by ethnic Malay 
Muslim insurgents, Buddhist defense volunteers, and government security 
forces. The Government maintained some limits on freedom of speech, 
freedom of the press, and freedom of assembly that were imposed 
following the September 2006 coup. Human rights workers, particularly 
those focusing on violence in the south, reported harassment and 
intimidation. Trafficking in persons remained a problem. Members of 
hill tribes without proper documentation continued to face restrictions 
on their movement, could not own land, and were not protected by labor 
laws. Government enforcement of labor laws was ineffective.
                        respect for 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 that the Government or its agents committed any 
politically motivated killings; however, security forces continued to 
use excessive, and at times lethal, force against criminal suspects and 
committed or were connected to numerous extrajudicial, arbitrary, and 
unlawful killings, including killings by security force personnel 
acting in a private capacity.
    According to the Ministry of Interior's Investigation and Legal 
Affairs Bureau, during the year 459 persons died in prison or police 
custody, 34 due to the actions of police officers. Authorities 
attributed most of the deaths to natural causes.
    On March 20, members of Royal Thai Army Task Force 39 detained Imam 
Yapa Koseng and his two sons in Narathiwat Province. Several detainees 
saw Task Force 39 personnel beating Yapa repeatedly, after which he 
died. The body was returned to the family, who alleged it showed signs 
of torture. During a postmortem inquest conducted on June 30 at the 
request of the family, a forensics expert testified that Yapa died as a 
result of blunt force trauma, although the army maintained he died of 
natural causes as concluded by its own investigation. At year's end no 
member of Task Force 39 had been charged in connection with Yapa's 
death. Five members of the group testified during the postmortem 
inquest that they were subsequently transferred to Petchabun Province 
and received punishment according to internal army procedures. On 
December 25, the Narathiwat Provincial Court issued a ruling on the 
postmortem inquest that concluded Yapa died in state custody at the 
hands of state officials. However, the court did not explicitly 
identify the perpetrators.
    Reports continued that individuals were executed in apparent 
extrajudicial killings following their participation in army-sponsored 
reeducation centers. The Central Institute of Forensic Science stated 
that it received 84 unidentifiable bodies during the year, compared 
with 194 bodies in 2007.
    At year's end the investigation into the March 2007 death of 
Nopphon Chaiwichit in Nakhon Si Thammarat Province had been transferred 
to the Crime Suppression Division in Bangkok, but no individuals had 
been arrested.
    The investigation into the April 2007 alleged shooting by a police 
lieutenant colonel, who killed Thinnawut Phumuda and Phatphong Sisamut, 
was officially closed after the Phang Nga police and the Public 
Prosecutor's Office determined that the shooting was in self-defense.
    The case of the December 2007 shooting by an Interior Ministry 
security official in Mae Hong Son Province that killed Karenni refugee 
Aie Oo reached the preliminary hearing stage of a postmortem inquest in 
court to determine if murder charges could be placed against the 
suspect, a local village militia member. The accused surrendered, 
claimed self-defense, and was released on bail shortly after the 
incident.
    Court proceedings continued against the five accused gunmen 
allegedly involved in the 2006 shooting of former member of parliament 
Kopkul Nopamornbodee.
    Due to a lack of suspects and evidence, police closed the cases of 
the 2006 killings of land rights activist Saharat Suramit, Democrat 
Party activist Charan Iamphaibun, and Narathiwat village headman and 
human rights activist Muhammad Danai Tanyeeno.
    In March the Bangkok Metropolitan Police closed the investigations 
of the December 2006 bomb attacks in Bangkok and Nonthaburi, in which 
three persons were killed and 32 injured.
    On December 31, the criminal court sentenced lawyer Thanu Hinkaew 
to life imprisonment for orchestrating the 2004 killing of 
environmental activist Chaoren Wataksorn.
    There were few developments in the Justice Ministry's 
investigations regarding the extrajudicial killings of at least 1,300 
persons in the three-month ``War on Drugs'' campaign in 2003 conducted 
during the Thaksin government. In January an independent commission 
reviewing the killings released a report that encouraged further 
investigation of the cases but did not hold anyone accountable. The 
commission was disbanded after the end of the interim government, and 
its findings were considered confidential. During the June 3 session of 
the UN Human Rights Council (UNHRC), the Asian Legal Resource Centre 
expressed concern over the Government's lack of action in investigating 
such extrajudicial killings. The Government responded that more than 50 
law enforcement officers had been prosecuted, but human rights and 
legal aid groups in Bangkok were unaware of these prosecutions.
    According to the Thailand Mine Action Center, during the year there 
were two deaths due to landmines, both of which occurred in Sisaket 
Province.

    b. Disappearance.--There were no reports of politically motivated 
disappearances. There were no confirmed reports that individuals 
disappeared after being questioned by security officials in the 
southern provinces, but reports continued of individuals killed in 
apparent extrajudicial killings following their participation in army-
sponsored reeducation centers.
    On February 7, Kamol Laosophaphant disappeared in Khon Kaen 
Province after he went to the Baan Phai police station to lodge 
criminal complaints against local officials concerning state railway 
land deals. His family filed complaints with the police and the Crime 
Suppression Division, and at year's end an investigation was ongoing.
    On February 29, Utsaman Awaenu, a navy draftee stationed in 
Sattahip, Chonburi Province, disappeared. On March 3, his relatives 
contacted Utsaman's navy unit and allegedly were told that he was 
detained at an undisclosed location in the south. His relatives were 
unable to see him and filed a complaint with the Justice Access and 
Legal Protection Program.
    There were no developments in the July 2007 abduction of Anukorn 
Waithanomsak, an assistant to a leader of the United Front of Democracy 
Against Dictatorship (UDD), a group that led rallies in opposition to 
the 2006 coup.
    The Government continued to investigate cases in which the Thaksin 
government was suspected in the disappearance of alleged southern 
insurgents; however, at year's end no individuals were charged in 
connection with such incidents.
    On March 12, the fourth anniversary of Muslim attorney and human 
rights activist Somchai Neelaphaijit's disappearance, his wife Angkhana 
Neelaphaijit addressed the UNHRC in Geneva, calling on authorities to 
bring high-ranking police officers to justice and requesting the 
testimony of former prime minister Thaksin as a witness based on 
previous remarks that indicated his confirmation of her husband's 
death. She also expressed concern over Samak's appointment of Police 
General Sombat Amornwiwat, former supervisor of the five accused 
persons in her husband's disappearance, to be an advisor to the 
Ministry of Justice. None of the five police officers arrested in 2004 
were charged with offenses connected to enforced disappearance. Police 
Major Ngern Thongsuk, convicted in January 2007 of coercion for his 
role in forcing Somchai into a car, allegedly died in a mudslide in 
Kanchanaburi Province on September 19. His body was not found, and no 
death certificate was produced. Security officials allegedly pressured 
Angkhana to drop legal proceedings against Ngern due to his apparent 
death. At year's end Ngern's appeal remained pending in court.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution specifically prohibits such practices, 
but there is no law that specifically prohibits torture, and it is not 
punishable as an offense under criminal law. Nongovernmental 
organizations (NGOs) and legal entities continued to report that 
members of the police and military occasionally tortured and beat 
suspects to obtain confessions. There were newspaper reports of 
numerous cases in which citizens accused police and other security 
officials of using brutality. Investigations were undertaken in many of 
the cases, including several in which the accused police officers were 
suspended pending the results of internal investigations. At year's end 
no military personnel had been charged or prosecuted.
    On January 27, security officials arrested Ismael Tae and Amisi 
Manak, Yala Rajabhat University students whom authorities suspected of 
involvement with insurgent activities. Both alleged that they were 
tortured by members of Yala's Task Force 11 and soldiers from a 
neighboring camp in Pattani. The students were released without charge 
within nine days after a complaint was filed at the Yala Court. The 
incident was reported to the National Human Rights Commission (NHRC) 
and the Office of the UN High Commissioner for Human Rights (UNHCHR).
    Aminudeen Kaji, a religious teacher at a private Islamic school in 
Songkhla, alleged that on February 5, border patrol police (BPP) 
subjected him to beatings, strangulation, and suffocation with plastic 
bags; boxed both temples so that his eardrums burst; stomped on his 
throat; and told him to confess to crimes or choose between being 
killed immediately or being killed while being made to look as if he 
had tried to escape. He filed a police complaint that resulted in an 
investigation of 13 BPP members but later withdrew the complaint.
    On March 19 and 20, members of Task Force 39 stationed in Ruseor 
District, Narathiwat, arrested Rayu Korkor, an 18-year-old villager, 
along with Imam Yapa Koseng and four other men. Rayu alleged that he 
witnessed Yapa's death at the hands of officials of Task Force 39 
officials (See Section 1.a.). He also claimed that security officials 
hung him upside down from a tree, subjected him to multiple beatings, 
and pierced his fingernails, toenails, and genitalia with syringes. 
Officials later transferred Rayu to Ingkayuthboriharn camp in Pattani 
for medical treatment.
    The NHRC reported that the 2006 suit filed by Sakhon Khamto against 
police who allegedly beat her to force a confession was closed after 
she did not identify the police abusers.

    Prison and Detention Center Conditions.--Prison conditions were 
poor. Prisons and detention centers were overcrowded. Sleeping 
accommodations were insufficient, medical care was inadequate, and 
communicable diseases were widespread in some prisons. Seriously ill 
prisoners at times were transferred to provincial or state hospitals.
    Prison authorities sometimes used solitary confinement of not more 
than one month, as permitted by law, to punish male prisoners who 
consistently violated prison rules or regulations, although the 
Department of Corrections maintained that the average confinement was 
approximately seven days. Authorities also used heavy leg irons to 
control prisoners who were deemed escape risks or harmful to other 
prisoners.
    Approximately 28 percent of the prison population consisted of 
pretrial detainees, who were not segregated from the general prison 
population. Men, women, and children often were held together in police 
station cells pending indictment. Separate facilities for juvenile 
offenders were available in all provinces, but in some locations 
juveniles were detained with adults.
    Conditions in immigration detention centers (IDCs) remained poor. 
The Immigration Police Bureau, reporting to the Office of the Prime 
Minister, administered IDCs, which 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 IDCs. 
Overcrowding and a lack of basic medical care continued to be serious 
problems.
    International observers reported continued overcrowded conditions 
for detainees in Bangkok's Suan Phlu IDC. Observers alleged that 
detainees were sexually and physically abused while in detention. There 
were reports that detainees, including children, were not permitted to 
exercise at some facilities. Provincial authorities also admitted that 
overcrowding existed at the Mae Sai IDC in Chiang Rai.
    A total of 158 refugees recognized by the Office of the UN High 
Commissioner for Refugees (UNHCR) as persons of concern, including 80 
children, remained in the Nong Khai IDC, where they had been placed in 
late 2006. This number included nine children born in the IDC, whom the 
UNHCR has been unable to add to their parents' cases due to lack of 
access. In August officials permitted the construction of a temporary 
facility to ease overcrowding. However, at year's end authorities 
continued to prohibit resettlement processing or to release of the 
refugees.
    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). ICRC representatives were allowed to 
meet prisoners without third parties present and could make repeated 
visits. However, at year's end the military had not replied to ICRC 
requests to visit military detention facilities in the four 
southernmost provinces, where detainees allegedly were mistreated. The 
UNHCR continued to be denied access to detainees at the Suvarnabhumi 
Airport IDC in Bangkok based on an April 2007 government decision. In 
practice UNHCR working-level officials were able to interview detainees 
in Suan Phlu IDC, and in September access was improved for third 
countries to process recognized refugees for resettlement.

    d. Arbitrary Arrest or Detention.--The constitution specifically 
prohibits arbitrary arrest and detention; however, government forces 
occasionally arrested and detained persons arbitrarily. A December 2007 
royal command stated that martial law, which gave the military 
authority to detain persons without charge for a maximum of seven days, 
remained in force in 31 of the country's 76 provinces.
    The Law Society of Thailand received 200 complaints from residents 
of the southern provinces that security forces made searches and 
arrests by citing the emergency decree and presented warrants 
afterwards. They received 100 complaints from residents in the north 
that security forces made searches and arrests by citing the occurrence 
of a ``flagrant offense,'' thus not requiring a warrant.

    Role of the Police and Security Apparatus.--The Royal Thai Police 
(RTP) has the authority to minimize threats to internal security and to 
suppress criminal activity. It is under the direct supervision of the 
prime minister and a 20-member police commission. The police 
commissioner general is appointed by the prime minister and subject to 
cabinet and royal approval. The BPP have special authority and 
responsibility in border areas to combat insurgent or separatist 
movements.
    The February 28 implementation of the Internal Security Act created 
the Internal Security Operations Command (ISOC) as a state agency under 
the command of the prime minster, who acts as the ISOC director. It 
includes broad powers for the military. Military and civilian personnel 
comprise ISOC staff; ISOC is intended to function as a national 
security force to suppress unrest. Human rights organizations and 
academics criticized the bill for authorizing the ISOC director, with 
approval of the cabinet, to respond to alleged threats to national 
security by restricting fundamental rights and overriding civilian 
administration and due process.
    Corruption remained widespread among police officers. Police 
officials suggested that low pay made them susceptible to bribes. There 
were reports that police tortured, beat, and otherwise abused detainees 
and prisoners, generally with impunity. There were also reports that 
some police officers were involved in facilitating prostitution and 
trafficking in women and children.
    On January 25, the Office of the Narcotics Control Board (ONCB) 
arrested Police Captain Nat Chonnithiwanit and seven other BPP members 
for extorting money from an estimated 200 victims allegedly tortured 
into confessing to drug deals in Bangkok, Kanchanaburi, and several 
southern provinces. Charges included criminal conspiracy, armed 
robbery, forced intrusion, threatening others with weapons, detaining 
others, and abducting minors. After the ONCB announced on February 5 
that it would reimburse all victims found to be falsely accused of drug 
trafficking, Human Rights Watch expressed concern over threats made by 
Police General Seriphisut Temiyavej to take action against anyone who 
made false claims of innocence.
    Complaints of police abuse can be filed directly with the superior 
of the accused police officer, the Office of the Inspector General, or 
the police commissioner general. The NHRC, the Law Society of Thailand, 
the National Counter--Corruption Commission (NCCC), the Court of 
Justice, the Ministry of Justice, and the Office of the Prime Minister 
also accept complaints of police abuse and corruption, as does the 
Office of the Ombudsman.
    When the police department receives a complaint, 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. The police department reported that 310 officers were under 
investigation for criminal offenses between January 2007 and June 2008. 
The NHRC received approximately 124 complaints of police abuse between 
October 2007 and September 2008.
    Procedures for investigating suspicious deaths, including deaths 
occurring in police custody, require that the prosecutor, a forensic 
pathologist, and a local administrator participate in the investigation 
and that in most cases 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 arrests.

    Arrest and Detention.--With few exceptions, the law requires police 
to obtain a warrant from a judge prior to making an arrest. 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 and a tendency by the courts to automatically approve all 
requests for warrants. Legal aid organizations noted that in 2007 the 
Yala Provincial Court permitted 390 of 392 requests for arrest warrants 
under the emergency decree. They also granted all requests for search 
warrants. By law persons must be informed of likely charges against 
them immediately after arrest and must be allowed to inform someone of 
their arrest. The law provides for access to counsel for criminal 
detainees; however, lawyers and human rights groups claimed that local 
police often conducted interrogations without providing access to an 
attorney. Lawyers working in the southern provinces reported that under 
the emergency decree they were denied adequate access to detained 
clients, and some individuals in the southern provinces reported they 
were denied permission to visit detained family members. Foreign 
detainees sometimes were pressured to sign confessions without the 
benefit of a competent translator. The Ministry of Justice and the 
Attorney General's Office sought to provide an attorney to indigent 
detainees at public expense.
    Under normal conditions the law requires police to submit criminal 
cases to prosecutors for the filing of court charges within 48 hours of 
arrest, with extensions of up to three days permitted. Prosecutors may 
seek court permission to extend detentions for additional periods (up 
to a maximum of 84 days for the most serious offenses) to conduct 
investigations. Lawyers reported that police rarely brought cases to 
court within the 48-hour period. Laws and regulations place offenses 
for which the maximum penalty is less than three 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. According to the Law Society of 
Thailand, pretrial detention of criminal suspects for up to 60 days was 
common.
    The law provides defendants the right to bail, and the Government 
generally respected this right. However, some human rights groups 
reported that police frequently either did not inform detained suspects 
of their right to bail or refused to recommend bail after a request was 
submitted. On July 22, police arrested activist Daranee 
Charnchansinlapakun on lese majeste charges following speeches at a UDD 
rally on July 18 and 19. The court refused her bail, citing the 
sensitive nature of her case and concern for her safety. At year's end 
she remained in jail after an appellate review refused her bail on the 
grounds that she posed a high risk for repeating the offense and out of 
alleged concern for her safety.
    Under martial law the military has the authority to detain persons 
without charge for a maximum of seven days.

    Amnesty.--At year's end authorities had released approximately 
28,500 prisoners pardoned by the King as part of a royal amnesty 
marking his 80th birthday in December 2007.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary. Although the judiciary generally was regarded as 
independent, it was subject to corruption and outside influences. 
According to human rights groups, the lack of progress in several high-
profile cases involving alleged abuse by the police and military 
diminished the public's trust in the justice system and discouraged 
some victims of human rights abuses (or their families) from seeking 
justice.
    The civilian judicial system has three levels of courts: courts of 
first instance, courts of appeal, and the Supreme Court of Justice. In 
addition there is a Constitutional Court, charged with interpreting the 
constitution, and the Supreme Administrative Court, which adjudicates 
cases involving government officials or state agencies. Justices 
nominated to the Supreme Administrative Court are confirmed by the 
Senate and a judicial commission consisting of 12 judges and four 
officials appointed by the Senate and the Court of Justice Secretariat. 
At year's end there were 17 Supreme Administrative Court judges; the 
law allows a maximum of 23. Other judges are career civil servants 
whose appointments are not subject to parliamentary review.
    A separate military court hears criminal and civil cases pertaining 
to military personnel as well as those brought during periods of 
martial law. Islamic (Shari'a) courts hear only civil cases concerning 
family and inheritance matters between Muslim parties in Yala, Pattani, 
Narathiwat, and Satun provinces.

    Trial Procedures.--There is no trial by jury. A single judge 
decides trials for misdemeanors; two or more judges are required for 
more serious cases. The constitution provides for a prompt trial, 
although a large backlog of cases remained in the court system. 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.
    The law provides for the presumption of innocence. In ordinary 
criminal courts, defendants enjoy a broad range of legal rights, 
including access to a lawyer of their choosing. A government program 
sought to provide free legal advice to the poor, but indigent 
defendants were not automatically provided with counsel at public 
expense. The Ministry of Justice and the Attorney General's Office 
remained committed to providing legal aid in both civil and criminal 
cases but did not allocate sufficient resources. The legal aid provided 
was often done on a pro bono, ad hoc basis, and it was of a low 
standard. Some NGOs reported that legal aid lawyers pressured their 
clients into paying additional fees directly to them. The court is 
required to appoint an attorney in cases where the defendant disputes 
the charges, is indigent, or is a minor, as well as in cases where the 
possible punishment is more than five years' imprisonment or death. 
Most free legal aid came from private groups, including the Law Society 
of Thailand and the Thai Women Lawyers Association. There is no 
discovery process, so lawyers and defendants do not have access to 
evidence prior to the trial. The law provides for access to courts or 
administrative bodies to seek redress, and the Government generally 
respected this right.
    Several NGOs expressed concern over the lack of adequate protection 
for witnesses, particularly in cases involving alleged wrongdoing by 
the police. The Office of Witness Protection in the Ministry of Justice 
had limited resources and primarily played a coordinating role. In most 
cases witness protection was provided by the police, but six other 
state agencies participated in the program. Witnesses, lawyers, and 
activists involved in cases of alleged police abuse reported that 
protection was inadequate and that they were intimidated by the police 
sent to provide protection.
    In March Angkhana Neelaphaijit and other participants in the 
witness protection program temporarily withdrew from the program when 
the Department of Special Investigations assigned police instead of 
civilian officers to protect witnesses. The role of Police General 
Sombat Amornwiwat, former supervisor of the five accused officers in 
the disappearance of her husband, was of particular concern.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. The law provides for access 
to courts and administrative bodies to bring lawsuits seeking damages 
for, or cessation of, a human rights violation, and the Government 
generally respected this right. However, sections 16 and 17 of the 
Emergency Decree, which was in force in the three southern border 
provinces, expressly excludes scrutiny by the Supreme Administrative 
Court or civil or criminal proceedings against government officials, 
although victims may seek compensation from a government agency 
instead. During the year two high-profile rulings by the Constitutional 
Court, which forced two prime ministers from office, drew allegations 
of court bias from politicians disadvantaged by those rulings.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution specifically prohibits such actions, 
and the Government generally respected these prohibitions in practice. 
The law provides standardized procedures for issuing warrants. Martial 
law gives military forces the authority to conduct searches without a 
warrant, and this authority was used on some occasions during the year.
    The emergency decree covering the southern provinces also allows 
authorities to make searches and arrests without warrants. The Law 
Society of Thailand received multiple complaints from persons in the 
south claiming that security forces abused this authority; however, the 
decree provides security forces broad immunity from prosecution.
    There were reports that police conducted warrantless searches for 
narcotics in villages in the northern provinces, although officials 
sometimes cited martial law as a pretext for the search. Warrantless 
searches are permitted in cases in which there is reasonable suspicion 
and an urgent search is deemed necessary.
    On May 27, police and officials from the Aeronautical Radio of 
Thailand raided without a warrant a community radio station belonging 
to the Duang Prathip Foundation, founded by former senator Prathip 
Ungsongtham Hata, and halted operations. Police asserted that the 
station's broadcast interrupted air traffic communications.
    The investigation continued into the July 2007 incident in which 
Bangkok police and military officials without a warrant confiscated 
posters critical of the newly drafted constitution in front of 
Prathip's residence and entered his residence for an additional search, 
also without a warrant.
    Security services monitored persons, including foreign visitors, 
who espoused extremist or highly controversial views.
    Members of indigenous hill tribes continued to face forced 
evictions and relocation. Due to lack of proof of citizenship and land 
ownership, they were forced to move from areas they had cultivated for 
decades.
    In 2007 the land committee established under the National Poverty 
Reduction Program to deal with land disputes in areas affected by the 
2004 tsunami was dissolved due to inactivity following the end of the 
interim government.

    g. Use of Excessive Force and Other Abuses in Internal Conflict.--
The internal conflict in the ethnic Malay, Muslim-majority, 
southernmost provinces (Narathiwat, Pattani, Yala, and portions of 
Songkhla) continued throughout the year. Insurgents carried out almost 
daily bombings and attacks that caused deaths and injuries. The 
emergency decree in effect for Narathiwat, Pattani, Yala, and three 
districts of Songkhla gives military, police, and civilian authorities 
significant powers to restrict certain basic rights and delegates 
certain internal security powers to the armed forces. The decree also 
provides security forces broad immunity from prosecution. The 2006 
martial law, which also remained in effect in the area, gives a wide 
range of power to the military.

    Killings.--Government forces were accused of extrajudicial 
killings, arbitrary arrests, and torture of individuals suspected of 
involvement with separatists. As a result of a series of increasingly 
provocative attacks by suspected insurgents, tension between the local 
ethnic Malay Muslim and ethnic Thai Buddhist communities continued to 
grow, alongside a distrust of security officials. NGOs alleged that 
during the year security forces extrajudicially killed an estimated 
dozen individuals suspected of involvement with the insurgency, 
although army officials denied these allegations.
    On January 27, an estimated 100 soldiers killed two suspected 
insurgents during a raid in Ban Tan Namtip Village, Chumphon Province.
    On March 18, according to the Asian Human Rights Commission and the 
Working Group for Justice and Peace, 60 members of Task Force 39 
allegedly shot and killed Sakri Loama in Ba Ngoe Muwa, Narathiwat, and 
detained his son-in-law, Sukrinai Loamar. Sukrinai was allegedly 
tortured before being transferred to Ingkayuthboriharn camp in Pattani 
and then to the Ruesor police station. Sukrinai's family reported 
seeing dried blood on his clothing and claimed that a Ruesor police 
report recorded his injuries but did not provide specific details.
    According to Issara News Institute statistics, during the year 
separatist violence resulted in the deaths of 546 individuals in 1,056 
incidents. However, other sources believed the death toll was higher. 
According to police statistics, between October 2007 and September at 
least 694 civilians were killed as a result of 1,472 incidents linked 
to separatist violence. As in previous years, the separatists 
frequently targeted government and religious representatives, including 
teachers, monks, and district and municipal officials, but also 
Buddhist and Muslim civilians. In July insurgents allegedly issued a 
fatwa that permitted the targeting of students.
    Between January 1 and 15, suspected insurgents staged a series of 
shootings and bombings in Narathiwat, Pattani, and Yala that killed 
three persons and injured 78. On January 24, a teacher was shot and 
killed in Khok Pho District, Pattani. In February suspected insurgents 
killed six persons and injured 35 in a series of bombings and 
shootings. On March 15, car bombs exploded in Pattani and Yala, killing 
three persons and injuring many others, including in a hotel in 
Pattani.
    On January 3 and 10, roadside bombs seriously wounded 12 soldiers 
belonging to a teacher escort in Yaring District, Pattani, and in 
Narathiwat; according to security officials, two suspects were arrested 
and later confessed to the incident.
    Suspected insurgents carried out large-scale attacks in June and 
July, including a June 21 attack on a passenger train in Ra Ngae 
District that killed four persons. On July 2, suspected insurgents shot 
and killed Veera Muenjan, the principal of Ban Ma Hae school, resulting 
in the closure of 55 government schools for several days. Also on July 
2, Wanna Sisuan, a Buddhist, was shot and killed in Narathiwat. A note 
found next to her body stated that Buddhists would be killed in 
retaliation for the deaths of ethnic Malay Muslims. On August 21, car 
bombs exploded in Sungai Golok, Narathiwat, killing a journalist and 
two rescue workers.
    Some government-backed civilian defense volunteers, most of them 
ethnic Thai Buddhists from villages in the south, continued to receive 
basic training and weapons from the Ministry of Interior and security 
forces. Human rights organizations expressed concerns about vigilantism 
against ethnic Malay Muslims by these defense volunteers and other 
civilians. On July 5, three ethnic Malay Muslims were killed when 
unknown attackers opened fired on a teashop not far from where Buddhist 
elementary school principal Veera Muenjan was shot on July 2.
    Police continued investigating the February 2007 attacks in 
Narathiwat, Pattani, Yala, and Songkhla that killed nine persons and 
injured approximately 70. Authorities issued 15 arrest warrants for the 
March 2007 ambush of a van in Yala that killed eight Buddhist 
passengers. Two of the 15 suspects were killed during clashes with 
authorities at other locations.
    No arrests were made for the March 2007 attacks on ethnic Malay 
Muslims in which three were killed and 20 injured in Yala following the 
deaths of eight ethnic Thai Buddhists in an ambush on the same day. 
Police continued to investigate the April 2007 killings of four ethnic 
Malay Muslim youths in Yala by what the press reported were government-
backed ethnic Thai Buddhist village defense volunteers.
    Police identified five suspects in the May 2007 killing of seven 
soldiers in Narathiwat; the case was pending review by the public 
prosecutor. A police investigation continued in the May 2007 explosions 
in Hat Yai City in Songkhla. Police arrested three suspects in the May 
2007 bombing of Saba Yoi District market in Songkhla.
    There were no developments in the investigation of the September 
2007 killing of Imam Wae-asae Madeng in Narathiwat and the October 2007 
killing of Imam Asae Dengsa, also in Narathiwat. No arrests were made 
in the investigation of the November 2007 incident in which suspected 
insurgents reportedly killed a Muslim man, allegedly for cooperating 
with security officials.
    The April 2007 inquest by the Songkhla Provincial Court into the 
deaths of 78 ethnic Malay Muslim detainees at Tak Bai in 2004 resulted 
in additional inquests. The Krue Se inquest started in December 2007 
and was expected to finish in January 2009. The Tak Bai inquest was 
conducted between March and May; however, the court did not publicize 
its findings. NGOs alleged that local military officials threatened 
witnesses in the inquest to prevent them from testifying. At year's end 
no individuals had been arrested in connection with the October 2007 
killing in Narathiwat of Ma--usoh Malong, the husband of activist Yaena 
Solaemae, and the police investigation continued.
    An independent commission designed to serve as a focal point for 
complaints against the Government in Pattani, Songkhla, Yala, and 
Narathiwat was disbanded. A former committee member alleged that they 
convened only a few times before disbanding due to a lack of government 
funding.

    Abductions.--The wife of Mayateh Maranoh, a caretaker at a public 
elementary school, filed an inquest to a court in Yala to rule on the 
fate of her husband, last seen when rangers from Unit 4111 surrounded 
their house in June 2007 and detained him. On November 16, the court 
dismissed the case.
    In March 2007 Human Rights Watch released a report documenting 22 
cases of disappearances in the southern provinces between 2002 and 
October 2006 under the Thaksin and interim governments. In many cases 
the missing persons allegedly disappeared after being questioned by 
security forces. The RTP established a committee to investigate the 
reported disappearances, but it convened only once, during which the 
members concluded that the whereabouts of those listed were unknown. By 
year's end no individuals had been brought to trial or convicted.
    The Central Institute of Forensic Science abandoned its project to 
exhume approximately 400 unidentified bodies from cemeteries in the 
south due to changes in the central government and budgetary 
constraints. The reported reluctance of provincial governors to allow 
remains to be transported across provincial borders and alleged 
opposition from some law enforcement agencies further complicated 
efforts.
    Police closed the investigation into the 2006 abduction of Wae-
halem Kuwaekama from Joh Airong District in Narathiwat due to lack of 
evidence.

    Physical Abuse, Punishment, and Torture.--The army was accused of 
torturing some suspected militants, mostly at the Royal Thai Army's 
Region Four Ingkayut Borihan military camp in Pattani and at other 
detention facilities in the region.
    By September the NHRC had completed its investigation into the 
April 2007 alleged torture of Sukri Ar-dam in a southern detention 
facility and the July 2007 death of Ashari Sama-ae, and it was 
preparing to send the Government a report on its findings.
    The June 2007 death of Sakareeya Pa-oh Mani while in the custody of 
security authorities was pending at the Yala Provincial Court.
    The investigation into the alleged 2006 torture of Muhammad Ari 
Yusoh resulted in an ISOC settlement. ISOC offered a 50,000 baht 
($1,500) payment to the victim through monthly installments. According 
to the victim's family, the payments stopped prematurely, and they were 
awaiting a response from an inquiry to ISOC.
    The Government continued to arrest suspected militants, some of 
them juveniles, and in some cases held them for a month or more under 
provisions of the emergency decree and martial law. Human rights 
organizations considered the arrests arbitrary, excessive, and 
needlessly lengthy, and they expressed concerns about detention 
facility overcrowding. The media documented occasions in which security 
forces arrested all male occupants of a village or detained the elderly 
or infirm. Large-scale village sweeps in the deep south led by hundreds 
of soldiers resulted in mass warrantless detentions. On January 25, 
more than 300 security officials raided several areas and apprehended 
12 suspects in two districts of Narathiwat in response to a wave of 
attacks in January that resulted in the deaths of eight soldiers.
    The four provinces of the deep south are covered by two security 
laws. Martial law allows for detention without charge up to seven days 
without court or government agency approval in Pattani, Narathiwat, 
Yala, and three districts of Songkhla. The emergency decree was in 
effect in the same areas and allows authorities to arrest and detain 
suspects for up to 30 days without charge. After the expiration of this 
period, authorities can begin holding suspects under normal criminal 
law. Unlike under martial law, these detentions require the consent of 
a court of law, although human rights NGOs complained that courts did 
not always exercise their right to review these detentions. In some 
cases a suspect was held first under martial law for seven days and 
then detained for an additional 30 days under the emergency decree. 
Government statistics were not available, but police officials stated 
that 1,474 persons had been arrested since 2005 under these provisions 
and that 289 of those arrested had been prosecuted. It was unclear 
whether any persons were detained under the auspices of martial law 
alone.
    The Government cancelled a program to transfer approximately 400 
detainees whom authorities declined to prosecute criminally to military 
camps in Chumporn, Ranong, and Surat Thani provinces for a vocational 
training program. The cancellation came after complaints from human 
rights organizations and an October 2007 ruling by provincial courts in 
the three provinces that the army could not compel participation. 
Lawyers and NGOs stated that the detainees returned to their villages 
following the court ruling. However, credible sources indicated that 
some of the men remained under surveillance and that security officials 
visited their homes on occasion.
    Human rights organizations alleged that the military mailed 
official letters to suspected militants in the four southernmost 
provinces, inviting them to attend an education program. Credible 
sources indicated that two such sessions were held in Pattani and 
Songkhla. The 15- to 30-day programs included reeducation training and 
sightseeing in nearby provinces. NGOs noted that several program 
participants were killed once they returned to their home villages; 
security forces were suspected of involvement due to the close 
proximity of the killings to mosques.

    Child Soldiers.--There were reports that separatist groups 
recruited teenagers under the age of 18 to carry out attacks. Human 
rights organizations alleged that separatists used private Islamic 
schools to indoctrinate ethnic Muslim Malay children with a separatist 
agenda.
    On January 29, the Working Group on Justice for Peace reported that 
the Ruam Thai Team, a local Buddhist self-defense force in the three 
southernmost provinces headed by Police Colonel Pithak Iedkaew, was 
training an estimated 300 Buddhist and Muslim children to include in 
its forces. The 2008 Child Soldiers Global Report published by the 
Coalition to Stop the Use of Child Soldiers claimed that insurgency 
groups included children.

    Other Conflict--Related Abuses.--There were reports that 
separatists used women and children as human shields to confront or 
provoke security forces and restrict their operations. The police and 
military imposed a curfew in several districts of Yala prohibiting 
persons from leaving their homes after 9 p.m.
    The Ministry of Education reported that since 2004 insurgents had 
burned more than 304 schools in the south. During the year insurgents 
burned 14 schools in Pattani and Narathiwat. The Government 
periodically closed schools throughout the region in response to 
attacks against teachers, students, educational facilities, and 
parents. The Government frequently armed ethnic Thai Buddhist and some 
ethnic Malay Muslim civilians, fortified schools and temples, and 
provided military escorts to monks and teachers. According to the 
Ministry of Education, 139 teachers, students, and education staff had 
been killed and 228 others injured due to separatist violence since 
2004.
    Separatist violence included attacks on medical facilities, such as 
the destruction of two government health centers in Pattani on June 7. 
According to the Public Health Ministry, 69 public health volunteers 
had been killed, 47 health volunteers injured, and 24 community health 
centers burned or bombed in the south since January 2004.
    While official government statistics were not available, there were 
reports that a significant number of ethnic Thai Buddhists were fleeing 
violence-affected areas for other provinces in the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law 
specifically provide for freedom of speech and of the press with some 
exceptions; in addition the Government and legal code limited some 
rights.
    Freedom of speech and the press were occasionally curtailed by 
government interference and the use of libel suits directed against 
journalists. The broadcast media, particularly television and radio, 
were closely monitored. Under former prime minister Samak Sundaravej, 
government interference in the media intensified. The Government 
pressured the media, particularly broadcast media, to cooperate on 
disseminating constructive and complimentary news and information. 
Nevertheless, the media and civil society vocally criticized government 
authorities throughout the year. Print and broadcast media reported 
news critical of the Government as well as statements and activities of 
the former and current prime minister. Samak in particular was 
criticized for his attitude towards the media.
    By law 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 
insults to Buddhism. The law permits police to close newspapers or 
printing presses in times of war or national emergency, but only with a 
court order. The law allows police under a court order to restrict or 
confiscate publications and other materials for disturbing the peace, 
interfering with public safety, or offending public morals.
    Lese majeste provisions make it a criminal offense to criticize the 
King. queen, royal heir apparent, or regent; the criminal code allows 
for three to 15 years' imprisonment. The provisions allow private 
citizens to initiate lese majeste complaints, and there were dozens of 
instances in which private citizens accused each other of lese majeste. 
This triggered a lengthy process of investigations and subsequent case 
review by the Office of the Attorney General (OAG). Although the OAG 
formally charged some individuals with lese majeste, at year's end only 
the case of UDD supporter Bunyuen Prasoetying was brought to trial. 
Bunyuen received six years' imprisonment.
    On April 5, police charged social activists Chotisak Ongsoong and 
Songkran Pongbunjan with lese majeste for not standing for the royal 
anthem in a movie theater in September 2007. They were released without 
bail; the case was under investigation at year's end. On April 29 and 
30, radio station Metro Life 97 urged listeners to attack Chotisak when 
he was scheduled to appear at a panel discussion on lese majeste at 
Thammasat University. The Web site component of the station also posted 
his personal information, including his address and telephone number.
    On April 8, a police officer accused reporter Jonathan Head of 
BBC's Bangkok bureau of lese majeste for remarks Head made at August 
2007 and December 2007 panel events at the Foreign Correspondents' Club 
of Thailand. The August 2007 panel also featured Jakrapob Penkair, a 
political activist, who discussed the history of patronage in the 
country. An investigation concluded on September 10 that there was 
significant evidence of lese majeste against Jakrapob and recommended 
that he be prosecuted. At year's end the Jakrapob case was under review 
by the OAG, and the investigation against Head remained open.
    On August 31, Australian author Harry Nicolaides was arrested under 
lese majeste provisions of the criminal code over a passage in his 2005 
novel Verisimilitude that allegedly defamed the crown prince. At year's 
end he remained in jail awaiting formal charges and had been denied 
bail four times.
    On November 6, Khon Kaen province police apprehended Buddhist 
scholar and social critic Sulak Siwalak in Bangkok and charged him 
under the lese majeste provisions of the criminal code. At year's end 
he was free on bail and awaiting further official action. Sulak had 
been arrested, charged, or prosecuted on similar grounds multiple times 
in the past but never convicted.
    Political figures and large media conglomerates held ownership of 
large stakes in many prominent newspapers.
    Government entities owned and controlled all radio and broadcast 
television stations, including the 524 officially registered 
``regular'' AM and FM stations. The military and police also owned 
another 244 radio stations, ostensibly for national security purposes. 
Other owners of national broadcast media included the Government's 
Public Relations Department (PRD) and the Mass Communication 
Organization of Thailand, a former state enterprise of which the 
Government still owned a majority share. Almost all of the stations 
were leased to commercial companies.
    The Broadcasting Act, promulgated on March 4, governs the 
regulation of radio and television frequencies. The new act provides 
for three categories of broadcast licenses: public service, community 
service, and commercial. The act empowers the National 
Telecommunications Commission to enforce the law, pending the 
establishment of the National Broadcasting and Telecommunications 
Commission (NBTC). No progress was made on the appointment of that 
body, and as a result no new broadcast licenses were issued during the 
year.
    The Government censored broadcast media both directly and 
indirectly, and self-censorship was evident. Broadcast media 
nevertheless reported criticism of the Government.
    In early February the Prime Minister's Office announced plans to 
establish a task force to monitor the ``news balance'' of the broadcast 
media. That same month, the minister attached to the Prime Minister's 
Office, Jakrapob Penkair, signed an order transferring PRD director 
general Pramote Ratvinij to an inactive post. Although the Government 
claimed the move was not politically motivated, media observers 
believed that Pramote was removed due to his connection to the former 
government. In May Jakrapob warned broadcast media outlets about 
carrying news reports in support of a rumored coup and stated he would 
take disciplinary action against any PRD staff who did so.
    On January 14, the Thai Public Broadcasting Service Act took 
effect, transforming Thailand Independent Television--the PRD-operated 
successor to the former Thaksin-owned iTV--into Thai Public 
Broadcasting Service, which later was renamed TV Thai.
    The Government attempted to discredit media organizations via 
government-owned and -operated media outlets, particularly through its 
programming on National Broadcasting Services of Thailand (NBT). It 
often refuted content broadcast on Asia Satellite TV (ASTV), a 
television station owned by Manager Media Group whose managers were 
tied to the antigovernment movement led by the People's Alliance for 
Democracy (PAD).
    On January 9, the car of Samraeng Khamsanit, a reporter with the 
Thai-language daily newspapers Matichon and Khao Sod in Angthong 
Province, was set on fire. On May 26, Surayud Yongchaiyudh, another 
reporter with Matichon, survived a shooting in Prachuab Kirikhan 
Province. On August 1, Atiwat Chainurat, also a Matichon reporter, was 
shot and killed at his home in Nakhon Sri Thammarat. All three were 
believed to have been targeted for their politically sensitive 
reporting.
    The case of the shooting of journalist Manop Ratanajaroongporn in 
Phang Nga Province in 2006 was dismissed for lack of evidence. There 
was no resolution of the 2006 killing of Santi Lammaneenil, owner of 
the Pattaya Post and a freelance reporter. These individuals also were 
believed to have been targeted for their politically sensitive 
reporting.
    Print media criticism of political parties, public figures, and the 
Government was common. Journalists generally were free to comment on 
government activities and institutions without fear of official 
reprisal; however, they routinely practiced self-censorship, 
particularly with regard to the monarchy and national security.
    On February 13, a well-known radio host and former senator, 
Chirmsak Pinthong, took his popular talk radio show off the air 
following his criticism of then-prime minister Samak's comments on the 
October 1976 massacre. His production house reportedly told him to 
cancel the show after receiving a call from a government official.
    The international and independent media were allowed to operate 
freely, although with some exceptions.
    On January 31, the Administrative Court suspended a 2006 order 
issued by the PRD instructing CAT Telecom to terminate transmission of 
ASTV. Despite the order, ASTV was able to operate via satellite.
    On June 13, Interior Minister Chalerm Yoobamrung ordered provincial 
governors and officials to file charges against cable television 
operators broadcasting antigovernment rallies. No charges were filed, 
but several cable operators in the provinces reportedly suspended ASTV 
broadcasts of antigovernment rallies as a result.
    The defamation cases of three popular television talk show hosts, 
one of them PPP leader Samak Sundaravej, remained under appeal. On 
September 25, the appeals court upheld a primary court verdict 
convicting former prime minister Samak of defamation charges and 
sentenced him to two years' imprisonment; the other two cases remained 
under appeal. Samak remained free on bail and continued to appeal the 
court decision.
    On September 10, the court of appeal confirmed a lower court's 
verdict that found newspaper Neow Naa editor Prasong Soonsiri guilty of 
libel. He was convicted of defamation for criticizing Constitution 
Court judges on their acquittal of former prime minister Thaksin 
Shinawatra in his 2001 asset concealment case. Prasong received a 
suspended sentence of one year.
    At year's end the December 2007 court ruling in the libel case 
against PAD leader and Manager Media Group owner Sondhi Limthongkul 
continued under appeal. There were no reports that the Government used 
libel laws to suppress criticism of political or other leaders.
    There were reports that state-owned media did not provide equal 
broadcast time to all parties and used the PRD-operated NBT to 
discredit conventional media outlets. In July then-prime minister Samak 
was granted a daily, one-hour period on NBT, during which he regularly 
attacked the media for reporting inaccurate and distorted stories about 
his administration. Reportedly, the PRD denied a formal request 
submitted by opposition leader Abhisit Vejjajiva for equal time on NBT.
    No progress was made on the appointment of a National Broadcast 
Commission tasked with reallocating all broadcast frequencies and 
regulating the broadcast media under the new broadcasting act.
    Under past legislation radio stations had to renew their licenses 
every year; however, the new broadcasting act increases radio license 
terms to seven years. Radio signals are broadcast via government 
transmitters. Stations are required by law to broadcast 30 minute 
government-produced newscasts twice daily. With no movement on the 
establishment of the NBTC, the country's estimated 2,000 to 3,000 
community radio stations technically continued to operate outside the 
law.
    During an April 19 seminar with community radio operators in the 
eastern part of the country, Minister Attached to the Prime Minister's 
Office Jakrapob reportedly offered to help community radio stations 
operating without licenses avoid arrest if they agreed to allot two to 
three hours a day to government-sponsored programming. The Thai 
Broadcast Journalist Association condemned the proposal.
    The Government continued to prohibit the import and sale of The 
King Never Smiles, written by Paul Handley and published overseas, and 
A Quarter--Century on Democracy's Thorny Path, written by Sulak 
Sivaraksa.

    Internet Freedom.--Individuals and groups could generally engage in 
the peaceful expression of views via the Internet, including by e-mail; 
however, there were some limitations. There were some government 
restrictions on access to the Internet and reports that the Government 
monitored Internet chat rooms.
    The 2007 Computer Crime Act, which created new computer crime 
offenses, establishes procedures for the search and seizure of 
computers and computer data in certain criminal investigations and 
gives the Ministry of Information and Communication Technology (MICT) 
authority to request and enforce the suspension of information 
disseminated via computer. Under the act a maximum five-year jail 
sentence and a 100,000-baht ($3,000) fine can be imposed for posting 
false content on the Internet that undermines public security, causes 
public panic, or hurts others. A maximum 20-year sentence and 300,000-
baht ($9,000) fine can be imposed if an offense results in the death of 
an individual. In addition, any service provider who intentionally 
consents to or supports the publishing of illegal content is also 
liable. It also obliges Internet service providers (ISPs) to preserve 
all user records for 90 days, in the event that officials wish to 
access them. Media activists criticized the law, stating that the 
offenses are defined too broadly and some penalties are too harsh.
    There was also an increase in Internet censorship. The Government 
blocked numerous Web sites critical of the monarchy and those that 
expressed pro-Thaksin or republican views, although most were 
accessible again by the end of the year. The Government allowed 
relative freedom of expression on political Web sites and discussion 
boards. Several political Web boards and discussion forums chose to 
self-censor and closely monitored discussions to avoid being blocked. 
The Government blocked 2,300 Web sites and URLs and listed 
approximately 400 Web sites as pending court orders to be blocked, of 
which 344 were considered to have content deemed offensive to the 
monarchy, two were religious sites, and six had pornographic content. 
According to press reports, the MICT also advised ISPs to block an 
additional 1,200 sites that it considered a danger to national security 
or disturbing social order.
    Some Web sites suffered from self-censorship by domestic ISPs. On 
January 4, the Web site for Same Sky publishing house, which produces 
an eponymous quarterly sociopolitical magazine, was denied further 
hosting service from its domestic host; it later moved to a hosting 
service abroad. The Web site contained content from the magazine, blogs 
by columnists, and articles, and its Web board featured relatively open 
discussions on the monarchy. On April 28, Sunimit Jirasuk of Khon Kaen 
Province filed lese majeste charges against the Web sites of Same Sky 
and Prachatai, a liberal news media outlet, alongside an additional 
charge against activist Chotisak Onsoong; Sunimit claimed they 
advocated the elimination of the monarchy. Chotisak already faced lese 
majeste charges for not standing during the royal anthem at a movie 
theater in September 2007. Customers of Telephone Organization of 
Thailand reported that they could not access Same Sky and Prachatai Web 
sites on May 14 and 15; users instead found a message stating that it 
had been blocked due to a request by the MICT. On October 30, the 
Government assembled Web site managers from several entities to request 
their cooperation in monitoring content critical of the monarchy.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom.
    During the year Chulalongkorn University political science 
professor Giles Ungpakorn reported that his university's bookstore 
refused to sell his book, A Coup for the Rich. The book was available 
only via the Internet after Thammasat University's bookstore also 
stopped selling it following a police request.
    Cultural events may be censored, usually for reasons of public 
decency. The law specifies that theater owners and broadcasters must 
submit films they plan to show to the film censorship board for review. 
The board may ban a film if offending portions are not deleted. 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, no films have been banned 
since 2003. During the year film director Apichatpong Weerasethakul 
released his film Syndromes and a Century with six missing scenes 
blacked out to show where he capitulated to the film censorship board's 
demands.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, and the 
Government generally respected this right with some exceptions. Martial 
law, which gives the military authority to restrict freedom of 
assembly, was in effect in 31 provinces. The emergency decree for the 
southern provinces allows the Government to limit freedom of assembly, 
but this provision was not used during the year.
    Government officials in the provinces of Ranong, Surat Thani, 
Phuket, Phang Nga, Chumphon, and Rayong issued written provisions that 
prohibited migrant workers--specifically those from Cambodia, Burma, 
and Laos--from forming gatherings, among other restrictions, while 
Samut Sakhon Province prohibited gatherings of more than five persons. 
Employers could request permission from authorities for migrant workers 
to hold cultural gatherings.
    Throughout the year various pro- and anti--Thaksin groups, such as 
the PAD and UDD networks, among other organizations, staged a series of 
protests in Bangkok and other areas that resulted in violent clashes 
between supporters. The demonstrations drew thousands of participants 
and peaked with the September 2 death of protester Prasit Jantemduang 
in Bangkok, the October 7 deaths of protesters Angkhana Radappanyawut 
and Methee Chartmontri, and the seizure of Bangkok's two airports from 
November 25 until December 4. The number of demonstrators dropped 
dramatically after the September 4 resignation of then-prime minister 
Samak and the December 2 removal from office of then-prime minister 
Somchai.
    On July 17, PAD protesters clashed with a group of at least 200 
progovernment protesters in Si Sa Ket Province who attempted to block 
them from reaching the Preah Vihear temple. On July 24, clashes between 
PAD protesters and anti--PAD protesters resulted in the reported injury 
of approximately 13 protesters and two police in Udon Thani Province.
    On August 26, antigovernment protesters led by the PAD occupied the 
formal seat of government without resistance from police, and the 
Government declared it would resolve the standoff peacefully, despite 
the issuance of arrest warrants for the PAD's leadership.

    Freedom of Association.--The constitution specifically provides for 
freedom of association, although exceptions are made ``to protect 
public interests, to maintain public peace and order or good morals, or 
to prevent economic monopoly.''
    In accordance with the law, the Government prohibited candidates 
for the Senate, ostensibly a nonpartisan body, from distributing 
printed materials carrying the name of a political party or publicly 
identifying a political party as a candidate's sponsor.
    The law prohibits the registration of parties with the same name or 
emblem as that of a dissolved political party. Legal experts maintained 
that the law was designed to inhibit the reregistration of the Thai Rak 
Thai party, which the Constitutional Court dissolved in May 2007.

    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 specifically provides for freedom of religion, provided 
that the religion is not contrary to a person's ``civic duties, public 
order, or good morals.''
    The constitution requires that the monarch be a Buddhist, but it 
does not designate a state religion. Some Buddhist organizations called 
for the designation of Buddhism as the state religion, but the effort 
failed. The constitution requires the Government ``to patronize and 
protect Buddhism and other religions.'' The Government subsidized 
activities of the three largest religious communities.
    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 recognizably unique theology, and is not 
politically active. A religious organization must also be accepted into 
one of the five officially recognized ecclesiastical groups: Buddhist, 
Muslim, Christian, (which includes Catholicism and four Protestant 
subgroups), Brahmin--Hindu, and Sikh. Since 1984 the Government has not 
recognized any new religious groups. Government registration confers 
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 1962 Sangha Act specifically prohibits the defamation or insult 
of Buddhism and the sangha (Buddhist clergy). The penal code prohibits 
the insult or disturbance of religious places or services of all 
recognized religions in the country. Followers of the Santi Asoke sect 
of Buddhism were unable legally to refer to themselves as Buddhists 
because of theological disagreements with the Sangha Council, but they 
were able to practice their faith without restriction.
    Religious instruction is required in public schools at both the 
primary and secondary education levels. The Ministry of Education has 
formulated a course that contains information about all recognized 
religions in the country.
    In the past pondok (traditional Islamic) schools were not required 
to register with the Government and had no government oversight or 
funding. Following the outbreak of violence in the southern provinces 
in 2004, registration with the Government was made mandatory. By year's 
end the Government had registered 367 pondok schools in Songkhla, 
Satun, Yala, Pattani, and Narathiwat provinces and seven pondok schools 
in other provinces. Observers estimated that as many as 1,000 pondok 
schools operated in the south.
    Muslims, who represent between 5 and 10 percent of the population 
nationwide and constitute the majority in four of the five southernmost 
provinces, 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. However, 
these efforts were often resisted amid charges of forced assimilation. 
Muslims outside the southern provinces were much better integrated into 
society.
    Government officials reportedly continued to monitor Falun Gong 
members and restrict their activities. The Falun Gong complained that 
officials attempted to limit their activism due to fear of damaging 
bilateral relations with the People's Republic of China (PRC). On 
February 8, police arrested 13 practitioners meditating in front of the 
PRC embassy. On March 13 and 14, six mainland Chinese practitioners 
were arrested while distributing leaflets near the Chinese embassy and 
the Grand Palace. At year's end all remained in Bangkok's IDC.

    Societal Abuses and Discrimination.--Violence committed by 
suspected separatist militants in Narathiwat, Pattani, Songkhla, and 
Yala affected the ability of some ethnic Thai Buddhists in this 
predominantly ethnic Malay Muslim region to undertake the full range of 
their traditional religious practices. Buddhist monks and temples were 
targeted. A number of monks reported that they no longer were able to 
travel freely through southern communities. Monks also claimed that, 
due to fear of being targeted by militants, laypersons sometimes 
declined to assist them in their daily activities.
    During the year one Buddhist layperson was reportedly beheaded, 
compared with five in 2007. On July 4, Khan Sangthong was shot, burned 
while nailed to the road, and then beheaded in Bannang Sta District, 
Yala. The media reported it as a reprisal killing for the killing of 
insurgent leader Koseng Apibanbae and other members on June 23 by 
government forces. According to media and academic sources, suspected 
insurgents beheaded at least one Muslim during the year.
    As a result of a series of increasingly provocative attacks, 
tension between the local ethnic Malay Muslim and ethnic Thai Buddhist 
communities in the south continued to grow. However, there were no 
outbreaks of communal violence between the Buddhist and Muslim 
communities. Many Muslims complained of societal discrimination both by 
Buddhist citizens and by the central government. Many Muslims 
complained that Thai-language newspapers presented a negative image of 
Muslims and their communities, associating them with terrorists.
    Insurgent groups in the south spread propaganda against Buddhists 
in the form of threatening pamphlets and flyers. There were allegations 
that some religious school teachers in the south preached hatred for 
Buddhists as well as for Muslims who cooperated with the Government and 
security forces.
    The Jewish community is small, and there were no reports of anti--
Semitic incidents.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, and emigration, and the 
Government generally respected these rights in practice; however, there 
were some exceptions. The constitution specifically provides for these 
rights but makes exceptions for ``maintaining the security of the 
state, public peace and order or public welfare, town and country 
planning, or youth welfare.'' The Government generally cooperated with 
humanitarian organizations in providing protection and assistance to 
internally displaced persons, refugees, asylum seekers, stateless 
persons, and other persons of concern, although with many restrictions.
    Members of hill tribe minorities who were not citizens were issued 
identity cards that reflected restrictions on their freedom of 
movement. Holders of such cards were prohibited from traveling outside 
their home district without prior permission from the district head and 
needed permission from the provincial governor to travel outside their 
home province. Offenders were subject to fines and jail terms. Persons 
with no card could not travel at all. Human rights organizations 
reported that police at inland checkpoints often asked for bribes in 
exchange for allowing stateless persons to move from one district to 
another.
    Other long-time noncitizen residents, including many thousands of 
ethnic Shan and other nonhill tribe minorities, were required to seek 
permission from local authorities or the army for foreign and domestic 
travel.
    Migrant workers may work only in certain provinces. The Government 
continued to offer illegal migrants the opportunity to be legally 
registered. Registration must be renewed each year. According to the 
Ministry of Labor, 787,640 migrants registered during the year, 476,676 
of whom were from Burma. Migrants from Burma could apply for border 
passes at select Burmese border crossings. Migrants possessing these 
passes may legally reenter Thailand and work. The document is not valid 
for travel to third countries. Similar agreements were in place with 
the Governments of Laos and Cambodia. By law unregistered children of 
illegal migrants face arrest and deportation.
    The law prohibits forced exile, and the Government did not practice 
it. Former prime minister Thaksin returned on February 28 after 18 
months abroad following the 2006 coup. During Thaksin's time overseas, 
the Government declared that he was free to return, but Thaksin stated 
he would not do so, citing safety concerns. The then-foreign minister 
Noppadol Pattama approved the issuance of a diplomatic passport to 
Thaksin weeks before Thaksin's return. Thaksin retained his diplomatic 
passport when he fled to the United Kingdom on August 11. However, on 
December 12, the Government revoked his diplomatic passport.

    Protection of Refugees.--The country is not a signatory to the 1951 
UN Convention relating to the Status of Refugees or its 1967 protocol, 
and the law does not provide for granting asylum or refugee status. 
Nevertheless, authorities continued the country's longstanding practice 
of hosting significant numbers of refugees.
    The Government had a screening process for Burmese entering the 
official refugee camps, but the process stalled in most provinces 
during the year. While the Government generally cooperated with 
humanitarian organizations in assisting refugees in the established 
camps, cooperation with the UNHCR continued to deteriorate during the 
year on protection matters as authorities detained large numbers of 
Hmong, North Korean, and Burmese Rohingya asylum seekers and refugees. 
The UNHCR was formally forbidden to conduct refugee status 
determinations or provide its protection mandate to these groups. 
However, in July authorities granted the UNHCR informal access to 
asylum seekers in the main IDC in Bangkok to conduct status interviews, 
and several resettlement countries were also allowed to conduct 
processing activities. The Government also permitted a UNHCR monitoring 
presence at the facility, where many new arrivals were held.
    The Government continued to allow the UNHCR to monitor the 
conditions of the approximately 140,000 Burmese refugees living in nine 
camps along the Burmese border but prohibited the UNHCR from 
maintaining a permanent presence in the border camps. NGOs provided 
basic needs assistance in the camps. Authorities permitted the UNHCR to 
provide identification cards to registered refugees living in the 
camps.
    During the year provincial admission boards (PABs) continued to 
permit 711 refugees to remain in nine camps. Many of the refugees 
previously lived in the camps without formal permission. The Government 
agreed to permit third country resettlement of camp refugees, and at 
year's end 16,607 persons were resettled from the camps.
    IDCs in several provinces and Bangkok were designated to hold 
asylum seekers. Conditions in all IDCs were poor, with mental and 
physical health problems among the asylum seekers stemming from 
overcrowding and poor ventilation.
    The Government allowed NGOs to provide food, medical services, 
housing, and other services to Burmese who may have had valid refugee 
claims but who resided outside the camps. Government officials 
periodically arrested Burmese outside designated camps as illegal 
aliens. Those arrested generally were taken to the border and released 
without being turned over to Burmese authorities. Many returned to 
Thailand shortly thereafter.
    The UNHCR reported that after the September 2007 crackdown on 
prodemocracy protesters in Burma, approximately 230 new arrivals 
contacted the UNHCR and received temporary UNHCR identification 
documents. The Government convened two sessions of a special ``fast 
track'' PAB screening process, and 58 cases were approved for refugee 
status and third-country resettlement.
    Many Burmese asylum seekers encountered by army border units 
continued to be returned to Burma before they could reach the 
established refugee camps. However, thousands of other asylum seekers 
were able to enter the country and gain entry into the refugee camps 
during the year. According to the UNHCR, there were approximately 
30,000 to 40,000 unregistered Burmese asylum seekers in the nine camps. 
The PABs for Burmese asylum seekers met only sporadically.
    On July 16-17, the Third Army oversaw the forced return of 59 
ethnic Karenni asylum seekers to Burma from two refugee camps in Mae 
Hong Son Province. Government authorities often sent such persons back 
to Burma if they were discovered before reaching a refugee camp, but 
the group in question had already taken up residence in the camps. 
Following that incident an estimated 1,000 other recent arrivals in the 
two refugee camps in Mae Hong Song were photographed, in the past a 
precursor to repatriation.
    In practice the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, although the Government adopted a tougher 
approach to resolve the situation of the approximately 7,800 Hmong, 
some appearing to have valid refugee claims, who were confined in an 
army-run camp in Huay Nam Khao, Phetchabun Province. The Government 
reserved the right to repatriate the population at Phetchabun to Laos 
and did not grant the UNHCR permission to interview them to determine 
their refugee status. During the year 1,600 Hmong were returned to Laos 
in five separate movements. Many appeared to return voluntarily, 
although third-party monitoring of the returns initially was not 
permitted by the Lao government, which agreed in September to allow 
monitoring by the UNHCR and diplomats. However, in June more than 830 
Hmong were opportunistically returned to Laos after they marched out of 
the camp in protest over the lack of resettlement options. An internal 
government screening system existed to identify those who might face 
harm if returned to Laos. However, during the year a systematic review 
of the cases by a national-level committee did not take place. Food and 
basic health care in the army camp were provided by an international 
NGO.
    In contrast with 2007, local officials in Mae Hong Son Province 
allowed ethnic Karenni Paduang refugees to enter camps to be processed 
for resettlement.
    The Government continued to allow the UNHCR to conduct weekly 
visits to the group of Hmong asylum seekers from Laos detained in small 
cells in the Nong Khai IDC since 2006. A local NGO provided 
supplementary food and toiletries. The Government permitted 
construction of a temporary NGO shelter on the IDC grounds to relieve 
the crowding in the cells. Several countries sought to consider the 
group detained at Nong Khai for refugee resettlement. However, at 
year's end authorities had not permitted resettlement processing to 
continue, nor had they released the refugees.
    Although a 2005 cabinet resolution declared that every child in the 
country, regardless of legal status, was entitled to free primary 
education (nine years of schooling, to age 15 or completion of middle 
school), the Government did not always respect this right in practice. 
Human rights organizations reported that local officials often excluded 
undocumented children were often excluded from primary school. 
Enrollment among stateless hill tribe students remained low and 
declined with age. According to UNESCO's 2006 Highland Peoples Survey 
on the impact of statelessness among 12,000 hill tribe households in 
the north, highlanders lacking citizenship were 73 percent less likely 
to enter primary school than highlanders with citizenship. Moreover, 
human rights organizations reported that stateless students who did 
complete primary school did not receive an official graduation 
certificate, which hindered their access to higher education and 
restricted their employment options.

    Stateless Persons.--A significant but indeterminate number of 
stateless persons resided in the country.
    The stateless persons, most of whom are known as highlanders or 
hill tribes, were concentrated in the northern region. The most recent 
highland survey, conducted in in 1999, recorded a total hill tribe 
population of nearly 874,000 persons, of whom more than 496,000 were 
registered as citizens. The remaining 378,000 highlanders were placed 
in various categories, such as ``eligible for citizenship,'' ``eligible 
for permanent residency,'' or ``undetermined.'' Of these 378,000 
noncitizens, a number subsequently received citizenship, but neither 
government nor NGO sources were able to provide a precise figure, due 
to the absence of more recent census data tracking the number of hill 
tribe residents and their citizenship status. Although the Government 
and NGOs concurred on the need for a new and more comprehensive survey, 
they were unable to agree on how it should be conducted.
    Many stateless highlanders lived in poverty, and as noncitizens 
they could not own land, had difficulty accessing credit from banks, 
and did not have access to a variety of government services, such as 
universal health care. The law prohibits many stateless highlanders 
from traveling out of their home district or province without prior 
permission. The law also prohibits highlanders from participating in 
certain occupations reserved for citizens, most notably farming, 
although in practice officials permitted noncitizen highlanders to 
undertake small-scale subsistence activities. NGOs asserted that 
statelessness was the single greatest risk factor for hill tribe people 
to be trafficked or otherwise exploited, such as by being forced into 
the drug trade or other sectors of the underground economy, since they 
are precluded from many legitimate economic opportunities.
    The 2008 Nationality Act, which took effect on February 28, 
provides citizenship eligibility to certain categories of highlanders 
who were not previously eligible. It also streamlines citizenship 
registration and eases evidentiary requirements. NGOs believed that the 
act significantly reduced the number of persons previously ineligible 
to apply for citizenship; however, its full impact had not been 
assessed because the Interior Ministry's implementing regulations were 
ambiguous; human rights organizations requested clarification.
    Because of the remoteness and restricted mobility of stateless 
highlanders, documentation and evidence of birth was usually difficult 
to provide in establishing citizenship eligibility. However, the Civil 
Registration Act of 2008 stipulates that every child born in the 
country will receive an official birth certificate, regardless of the 
parents' legal status. Some stateless persons who were born in the 
country and who may be able to prove citizenship eligibility often 
waived that right in order to classify themselves as ``migrants'' and 
gain access to public health care and certain jobs unavailable to 
stateless persons. In doing so, however, these individuals lost any 
basis for citizenship eligibility that they previously held. However, 
the new Nationality Act allows these individuals to reclaim their 
eligibility provided they relinquish migrant worker status and take 
steps such as surrendering work permits.
    Stateless highland women encountered more barriers to citizenship 
than men. Tribal customs and traditions subjected women to a certain 
social status that limited their access to postprimary education and 
political opportunities that contribute to knowledge of the citizenship 
process. Women had to rely on reportedly corrupt village leaders and 
district officials to act as facilitators for them. Most stateless 
highland women had few economic opportunities outside the home and 
could not afford the bribe demanded for processing citizenship 
applications. Highlanders claimed to have paid district officials 
anywhere from 3,000 to 15,000 baht ($90 to $450) despite there being no 
official processing cost for citizenship. NGOs reported that some local 
officials pressed women into offering sexual favors in exchange for 
accelerating their citizenship registration.
    A 2005 cabinet-approved national strategy permits individuals who 
lack legal status and entered the country before January 1995 to remain 
in the country temporarily and apply for various categories of legal 
status, including citizenship. However, at year's end the Government 
had not implemented the strategy fully, as some implementing 
regulations were still under development. An October statement by the 
Ministry of Foreign Affairs noted that the failure of some local 
officials to act according to the national strategy often stemmed from 
their lack of knowledge of relevant laws and regulations. The Interior 
Ministry was working with human rights organizations to train local 
officials in these areas.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Following the December 2007 general election, the country reverted 
to a bicameral system, composed of a House of Representatives and a 
Senate. The constitution provides citizens the right to change their 
government peacefully through periodic, free, and fair elections based 
on universal, compulsory suffrage. The constitution provides for the 
election of all members of the 480-seat lower house of parliament and 
76 members of the 150-seat Senate. It also provides for the appointment 
of 74 additional members of the Senate by members of the judiciary and 
other regulatory bodies.

    Elections and Political Participation.--A national election for the 
lower house of parliament held in December 2007 was generally 
considered free and fair; however, there were allegations of widespread 
vote buying, minor procedural irregularities, and scattered but 
unconfirmed reports of intimidation by local military and government 
officials. International observers stated that the martial law in 
effect in parts of the country during the election was inconsistent 
with international norms. The Election Commission of Thailand announced 
that the PPP, led by Samak Sundaravej, won a plurality of 233 seats in 
the 480-seat lower house. The commission disqualified 10 candidates and 
parliamentarians for alleged vote buying, including the PPP's Yongyut 
Tiyapairat, who briefly served as House speaker.
    At least three political canvassers and local government officials 
reportedly were killed or injured during 2007 election campaigns; there 
was speculation that some of the killings may have been politically 
motivated. By September the 150 allotted slots for senators were 
filled, but only 470 of the 480 allotted slots for the House of 
Representatives were filled, due to resignations and disqualifications.
    Political parties could operate without restriction or outside 
interference, although violations of election laws by three members of 
political parties' executive boards prompted the Constitutional Court 
on December 2 to dissolve three of the eight parties holding seats in 
the legislature, including two of the three largest. The sanction of 
party dissolution is provided for by the 2007 constitution, which also 
provides that all executive board members of parties dissolved by the 
court lose their political rights for a five-year period. The December 
2 ruling therefore forced Prime Minister Somchai Wongsawat, a PPP 
executive, out of office. The other parties dissolved were the Chart 
Thai Party and the Matchima Thippathai Party. A total of 106 executive 
board members lost their political rights in connection with the 
parties' dissolution.
    There were 80 women in the 620-seat bicameral parliament. Women 
held three cabinet positions. The constitution encourages political 
parties to consider a ``close proximity of equal numbers'' of both 
genders. Many NGOs noted that women had the right to vote and run for 
positions, but there were relatively few elected female officials.
    Few members of 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 32 Muslim and six 
Christian members of parliament.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, although government implementation 
of these laws was weak, and officials sometimes engaged in corrupt 
practices with impunity.
    There were many cases of corruption involving senior government 
officials, including former prime ministers Thaksin and Samak and other 
government ministers.
    On March 10, prosecutors filed charges against former prime 
minister Thaksin and 46 other persons, including deputy prime minister 
and finance minister Surapong Suebwonglee, labor minister Uraiwan 
Thainthong, and deputy transportation minister Anurak Jureemas, in 
connection with embezzling proceeds from a government lottery 
implemented during the Thaksin administration between August and 
November 2006. In April the Asset Examination Committee (AEC) pressed 
criminal charges against Thaksin over the Export-Import Bank of 
Thailand's loan to Burma of four billion baht (approximately $120 
million).
    On March 14, the AEC indicted Bangkok governor Apirak Kosayothin, 
former commerce minister Wathana Muangsuk, and former Director General 
of the Foreign Trade Department Rachen Potjanasunthorn on charges of 
malfeasance related to the purchase of fire trucks. In the same case, 
the AEC had previously indicted former Bangkok governor Samak 
Sundaravej, former interior minister Bhokin Bhalakula, former deputy 
interior minister Pracha Maleenont, and former Director General of the 
Bangkok Metropolitan Authority's Public Disaster Relief Department 
Athilak Tanchookiat. Apirak was later cleared of involvement.
    On July 31, the Supreme Court sentenced Thaksin's wife Potjaman to 
three years in jail for tax evasion, but she was released on bail and 
an appeal was pending at year's end. Her brother and secretary were 
also found guilty in the case, and their appeals were pending at year's 
end. Following the ruling Thaksin and his wife failed to return to the 
country from overseas. On September 11, a criminal court issued an 
arrest warrant for them when they failed to appear at court proceedings 
concerning asset concealment allegations in a real estate case; a 
Supreme Court ruling on October 21 acquitted Potjaman but found Thaksin 
guilty of abusing his position in connection with his wife's purchase 
of land.
    On September 9, the Constitutional Court ruled against then-prime 
minister Samak in a conflict of interest case involving his hosting of 
television cooking shows in violation of Article 267, forcing him to 
step down.
    The OAG continued to investigate the August 2007 arrest of a 
retired police officer in connection with the alleged bribery of two 
judges on the Constitutional Court prior to its May 2007 ruling 
dissolving the former ruling Thai Rak Thai Party.
    The December 2007 determination by the NCCC that 13 former 
Constitutional Court judges, four former members of the Election 
Commission, and three former ombudsmen had illegally approved pay 
increases for themselves remained with the OAG, pending prosecution.
    During the year the NCCC, AEC, and OAG continued to investigate 
allegations of corruption committed by the Thaksin government. The 
findings by the AEC and the OAG triggered multiple cases at the Supreme 
Court of Justice's Criminal Division for Persons Holding Political 
Positions.
    In addition, the NCCC brought several other cases to court and 
reported that there were 5,333 cases pending investigation at the 
conclusion of its fiscal year in October.
    Public officials were subject to financial disclosure laws. Aside 
from the NCCC, the AEC, and the OAG, the Anti--Money Laundering Office, 
the Supreme Court, the Ombudsman's Office, the Administrative Court, 
and the Ministry of Justice played a role in combating corruption.
    The new constitution provides access to public information, and 
there were no reports that government agencies denied citizens' 
requests for information. If a government agency denies such a request, 
a petition may be made to the Official Information Commission, and 
petitioners may appeal the commission's preliminary ruling to an 
appellate panel. According to the commission, the vast majority of 
petitions were approved. Requests for public information may be denied 
for reasons of national security and public safety.
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. 
However, NGOs that dealt with sensitive political issues, such as 
opposition to government-sponsored development projects, faced periodic 
harassment. Human rights workers focusing on the violence in the 
southern provinces were particularly vulnerable to harassment and 
intimidation by government agents and militant groups.
    Very few NGOs were accorded tax-exempt status, which sometimes 
hampered the ability of domestic human rights organizations to secure 
adequate funding. The International Commission of Jurists faced 
government delays in renewing the registration of its Bangkok office, 
remaining without a registration number at year's end.
    Police closed the investigation into the March 2007 attack on Sot 
Sutnak, an environmental activist in Surat Thani Province. According to 
police, Sot fled the province after the attack and had not been seen 
again.
    Government officials met and cooperated with visitors from the ICRC 
and the UNHCHR throughout the year. There were several visits by 
international Muslim leaders, including Organization of the Islamic 
Conference officials, to the southern provinces, some at the invitation 
of the Government.
    The NHRC was active during the year. As an independent government 
entity, it submitted an annual evaluation of the human rights 
situation, proposed policies and recommendations for amending laws to 
the parliament, promoted measures to educate citizens on human rights, 
and investigated human rights abuses. The lack of power to prosecute or 
to punish violators prior to the promulgation of the new constitution, 
which provides for the NHRC to file suits on behalf of victims of human 
rights abuses in the courts, hindered the NHRC's ability to carry out 
its mandate. Modest staffing and resources also hampered NHRC progress.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution provides for equal treatment without respect to 
race, gender, religion, disability, language, or social status; 
however, in practice some discrimination existed, and government 
enforcement of equal protection statutes was uneven.

    Women.--Rape is illegal, although the Government did not always 
enforce the law effectively. The criminal code permits authorities to 
prosecute spousal rape. Between October 2007 and September, the police 
stated that 4,736 rape cases had been reported, including five cases 
where the victim was killed. Suspects were arrested in 2,340 of these 
cases, including all of the cases resulting in the victim's death. The 
Ministry of Public Health reported that an estimated 11,538 women and 
children were sexually abused between October 2007 and September, 
including 2,366 women more than 18 years old and 9,172 children.
    NGOs believed that rape was a serious problem in the country. 
According to academics and women's rights activists, rapes and domestic 
assaults were underreported, in part because state agencies tasked with 
addressing the problem were not adequately funded, and 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 female police officers in 
metropolitan Bangkok and in three other provinces.
    The law specifies a range of penalties for rape or forcible sexual 
assault, depending on the age of the victim, degree of assault, and 
physical and mental condition of the victim after the assault; 
penalties range from four years' imprisonment to life as well as fines. 
The law also provides that any individual convicted twice for the same 
criminal rape offense in three years is liable to increased penalties 
for recidivism. Victims of sexual abuse were eligible to receive state 
financial aid of up to 30,000 baht ($900).
    Domestic violence against women was a significant problem. The law 
imposes a fine of up to 6,000 baht ($180) or as much as six months' 
imprisonment for violators and provides authorities, with court 
approval, the power to prohibit offenders from remaining in their homes 
or contacting family members during trial. The law implements measures 
designed to facilitate the reporting of domestic violence complaints 
and reconciliation between the victim and the perpetrator. 
Additionally, the law restricts the media's reporting on domestic 
violence cases in the judicial system.
    A few domestic violence crimes were prosecuted under provisions for 
assault or violence against a person. Domestic violence frequently went 
unreported, and police often were reluctant to pursue reports of 
domestic violence. NGO supported programs included emergency hotlines, 
temporary shelters, and counseling services to increase awareness of 
domestic violence, HIV/AIDS, and other issues involving women. The 
Government's crisis centers, located in some state-run hospitals, 
continued to care for abused women and children, although several 
centers faced budget difficulties. State-run hospitals referred victims 
to external organizations when services at a hospital were not 
available. The crisis centers reported that they had received 26,565 
reports of violent abuse between October 2007 and September 2008.
    On January 11, the Ministry of Social Development and Human 
Security launched a community-based system to protect women from 
domestic violence in six pilot communities in Bangkok. Representatives 
from each community received training in increasing awareness of 
women's rights and abuse prevention.
    Prostitution is illegal, although it is practiced openly throughout 
the country. Local officials with commercial interests in prostitution 
often protected the practice. Trafficking in women and children for 
prostitution was a serious problem. The illegal nature of the work and 
the high incidence of part--time prostitutes made precise numbers 
difficult to assess, and estimates varied widely. A government survey 
during the year found that there were 76,000 to 77,000 adult 
prostitutes in registered entertainment establishments. However, NGOs 
believed there were between 200,000 and 300,000 prostitutes.
    There were reports that women were forced into prostitution in 
border areas, but the number of such cases was difficult to determine. 
NGOs and government agencies provided shelter, rehabilitation, and 
reintegration programs for children and women involved in the sex 
industry.
    Sex tourism was a problem. According to the Ministry of Social 
Development and Human Security, there were no laws to specifically 
address sex tourism. Rather, the criminal code, laws on prostitution, 
and laws combating trafficking in persons contain provisions designed 
to combat sex tourism.
    Sexual harassment is illegal in both the formal sector and the 
informal sector. The law specifies fines of not more than 20,000 baht 
($600) for individuals convicted of sexually harassing female or minor 
employees in the formal sector. The law indicates that the victim must 
file charges against the abuser in the informal sector. The punishment 
depends on the degree of harassment and age of the victim. Abuse 
categorized as an indecent act may result in imprisonment of up to 15 
years and a fine of up to 30,000 baht ($900). The new Civil Servant 
Regulations Act prohibits sexual harassment and stipulates five levels 
of punishment, namely, probation, docked salary, salary decrease, 
discharge from service, and termination. NGOs claimed that the legal 
definition of harassment was vague and prosecution of harassment claims 
difficult. The civil service commission's sexual harassment and 
bullying hotline merged into the Merit System Protection Commission. No 
complaints were received during the year. Prosecution or disciplinary 
action was rarely sought, because most callers wanted only to seek 
consultations or did not provide enough information to permit an 
investigation to be pursued. Some complaints may have been settled out 
of court.
    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 has 
publicly acknowledged another woman as his wife. According to the 
Ministry of Social Development and Human Security (MSDHS), unlike in 
2007, foreign spouses of Thai citizens are eligible to apply for 
citizenship.
    Military academies (except for the nursing academy) did not accept 
female students, although a significant number of instructors at the 
military academies were women. In contrast with 2007, police academies 
planned to accept female civilian students during the March 2009 
application period pending approval by the police Commissioner General. 
According to the MSDHS, in 2006 women constituted 59 percent of the 
nonagricultural labor force. Women held 22 percent of managerial 
positions in publicly listed companies, 35 percent in commercial 
companies, and 22 percent of high-level administrative positions in the 
Government sector. According to the Office of the Civil Service 
Commission, women held 15 percent of executive-level positions. Women 
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 women were concentrated in lower-paying jobs. In practice women 
received lower pay for equal work in virtually all sectors of the 
economy.
    We Move, a league of more than 50 women's organizations, advocated 
legal reforms to address inequities in the treatment of women. The 
organization actively campaigned for gender-equality clauses in 
legislation and the new constitution and encouraged women to seek 
elected positions on provincial government bodies.

    Children.--The constitution provides children equal protection.
    According to NGOs, highlanders and other stateless individuals on 
occasion did not register births with the authorities because poverty 
and restricted mobility made it difficult to do so (See Section 2.d.).
    Primary education was compulsory, free, and universal. Violence in 
the southern provinces, and particularly violence aimed at public 
school teachers, sporadically forced the temporary closure of public 
schools and disrupted the educational process in those areas.
    Many NGOs reported that children of registered migrant workers, 
particularly in Chiang Mai and Mae Sot, were permitted to attend public 
schools. Children who failed to enter the education system at age seven 
for grade one were required to wait until they reached the age of 15, 
when they could enter informal or vocational education programs. 
Children in this group remained without access to community services 
provided to children attending public schools, such as day-care 
centers, government-subsidized free milk, and lunch privileges. Migrant 
workers who could afford it often chose to send their children to 
private nursery or day-care centers at their own expense.
    The law provides for the protection of children from abuse, and 
laws on rape and abandonment carry harsher penalties if the victim is a 
child. The law imposes a jail term of seven years' to life imprisonment 
for the statutory rape of children under the age of 15. In 2006 a 
nationwide, government-sponsored poll of high school students found 
that 5 percent of boys and 3 percent of girls had encountered sexual 
harassment. 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 with a judge's consent allow children to testify on 
videotape in private surroundings in the presence of a psychologist, 
psychiatrist, or social worker. 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. Pedophilia continued, both by 
citizens and by foreign sex tourists. In 2007 the Government, 
university researchers, and NGOs estimated that there were as many as 
60,000 prostitutes under age 18. The Prostitution Prevention and 
Suppression Act makes child prostitution illegal and provides for 
criminal punishment for those who use prostitutes under age 18. Parents 
who allow a child to enter into prostitution also are punishable. 
According to government officials, during the year there were no 
arrests or prosecutions of parents who allowed a child to enter into 
prostitution. Custom and tradition made it rare for children to accuse 
their parents in court proceedings.
    On August 8, the Ranong Criminal Court sentenced Suchon Boonplong, 
the driver of a container truck, to six years' imprisonment after 54 
illegal migrants suffocated in his truck en route to Phuket in April 
2007. A case against an alleged accomplice, the owner of the Choke 
Charoen Fishing Pier, was pending in the courts.
    A 2005 study widely cited by NGOs and state agencies estimated that 
there were approximately 20,000 street children in major urban centers. 
However, the Government and NGOs could provide shelter to only 5,000 
children each year. Generally, the children were referred to 
government-provided shelters, but many, especially foreign migrants, 
reportedly avoided the shelters due to fear of being detained and 
expelled from the country. According to the Government, citizen street 
children were sent to their home provinces and placed in occupational 
training centers.
    Street children were often left out of national reports on child 
labor issues, and national statistics on street children often included 
only citizens.

    Trafficking in Persons.--A new comprehensive antitrafficking law 
that came into force on June 5 extends the definition of trafficking in 
persons to include trafficking for the purpose of labor exploitation 
and the trafficking of males. Previous laws defined trafficking only in 
terms of sexual exploitation and allowed only women and children to be 
classified as victims eligible to receive shelter or social services 
from the Government. The new law provides stringent penalties for 
crimes involving human trafficking. It also makes trafficking a 
predicate crime for prosecution under the Anti--Money Laundering Act, 
allowing for additional penalties and asset confiscation.
    There were reports throughout the year that persons were trafficked 
to, from, or within the country for a variety of purposes. Women and 
children (particularly girls) tended to be the most frequent 
trafficking victims for sexual exploitation. However, credible studies 
and evidence accumulated from a number of cases suggested that the 
trafficking of men for labor exploitation, especially migrant workers, 
was also prevalent. The trafficking of men, women, and children into 
such fields as commercial fisheries and seafood processing was 
documented in the Samut Sakhon region. Some portion, believed by the 
UN, 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. Young migrant women and 
girls, especially from Laos, were employed in indentured servitude.
    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 were 
trafficked to Japan, Malaysia, Singapore, Taiwan, Hong Kong, Bahrain, 
Australia, South Africa, Europe, and the United States, chiefly for 
sexual exploitation but also to some destinations for sweatshop labor. 
Men, especially migrant workers from Burma, were trafficked into the 
country to commercial fisheries, seafood processing plants, and for 
farm, industrial, and construction labor.
    Women and men were trafficked from Burma, Cambodia, the PRC, Laos, 
Russia, Uzbekistan, and eastern European nations for labor and sexual 
exploitation.
    Entire families occasionally were trafficked for labor in 
sweatshops. Boys and girls were trafficked chiefly from Burma and 
Cambodia for sexual exploitation and to work in begging gangs. 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 clients believed 
that they were free of sexually transmitted diseases. Persons 
trafficked from the PRC often were in transit to other countries, such 
as Malaysia, although women and girls from Yunnan Province generally 
were destined for brothels in the north. Victims of trafficking were 
often lured into the country or for transit to other countries with 
promises of restaurant, spa, or household work and then were pressured 
or physically forced into prostitution.
    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 continued to be found in disproportionately 
large numbers in situations entailing severe forms of trafficking.
    Trafficking within the country and from neighboring countries into 
the country tended to be carried out 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 victims. In some cases the traffickers themselves were former 
victims, particularly where the sex industry was the destination.
    Most 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. The child was then obligated to work in a brothel to repay 
the loan.
    Because foreign women frequently were unable to speak the language 
and were considered illegal immigrants, they were particularly 
vulnerable to physical abuse and exploitation. Reports of labor 
trafficking also were received from Burmese migrant workers, who were 
ostensibly offered jobs in the food processing industry but were later 
induced or forcibly transported to work on fishing vessels.
    A March 10 police raid on the Anoma shrimp processing factory in 
Samut Sakhon found 72 illegal migrant workers being held against their 
will, including 10 suspected trafficking victims and 20 children. The 
police completed their investigation on August 19 and submitted the 
case for review at the OAG, filing 20 civil and criminal charges 
against the factory owner and manager. The police were working to 
expand their investigation to suspected Burmese procurers. The OAG 
submitted the case to the court on September 10, and a preliminary 
court hearing was conducted on October 13. Court proceedings were to 
resume in February 2009.
    The new trafficking law strengthens penalties on traffickers. 
Penalties vary according to the age of the victim and the types of 
trafficker. If the offender is an individual, the law prescribes 
imprisonment of four to 10 years and a fine of 80,000 to 200,000 baht 
($2,400 to $6,000) for trafficking offenses committed against victims 
more than 18 years old. For offenses against children between 15 and 
18, the punishment is six to 12 years' imprisonment and a fine of 
120,000 to 240,000 baht ($3,600 to $7,200). For offenses against 
children under 15, the penalty ranges from eight to 15 years' 
imprisonment and a fine of 160,000 to 300,000 baht ($4,800 to $9,000).
    If the offender is a corporation, the law prescribes a fine of 
200,000 to one million baht ($6,000 to $30,000), and the responsible 
authority in the convicted corporation may be sentenced to six to 12 
years' imprisonment and a fine of 120,000 to 240,000 baht ($3,600 to 
$7,200). The law also prescribes penalties on those who obstruct the 
process of an investigation and prosecution as well as those who 
disclose information or documents to persons not involved in the 
investigation and prosecution process.
    The RTP's Children and Women Welfare and Protection Division is 
charged with implementing the antitrafficking law, while the MSDHS is 
charged with providing assistance and shelter to trafficking victims. 
Police reported that 144 trafficking-in-persons cases were filed in the 
judicial system from July 2005 to June 2007. Police reported they 
arrested 5,012 offenders in the 12-month period preceding July. The 
arrests included 159 transnational crimes in human trafficking, 4,780 
transnational crimes in labor fraud, 19 transnational crimes in sexual 
exploitation, and 54 other crimes. NGOs assisted some victims to obtain 
back wages from abusive employers; however, criminal prosecutions were 
scarce. In mid-2006 the 1951 antislavery law resulted in a conviction 
for the first time when the employer of an abused domestic servant was 
found guilty of enslavement. The verdict continued under appeal at 
year's end.
    Trafficking victims cannot be charged with the crimes associated 
with their case, such as immigration violations if trafficked over the 
border or prostitution if forced. They also receive assistance in 
government shelters. Memorandums of understanding (MOUs) among 
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 MOUs 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 would become 
the responsibility of the public welfare department. However, 
implementation of the MOUs was erratic, due to insufficient training of 
law enforcement officials and their unfamiliarity with the law. Between 
October 2007 and September 2008, the MSDHS implemented training 
workshops for police, public prosecutors, public health officers, labor 
officers, immigration officers, and NGOs.
    In general the Government cooperated with governments of other 
countries in the investigation of transnational crimes, including 
trafficking. The country had bilateral antitrafficking MOUs with 
Cambodia, Laos, and Vietnam and was working on bilateral cooperation 
MOUs with the PRC, Burma, and Japan. Receiving countries generally 
initiated trafficking case investigations. The Government continued to 
investigate rings associated with smuggling female citizens abroad. The 
Ministry of Foreign Affairs assisted 403 women and girls, most victims 
of sexual exploitation, to return from abroad in 2007 (up from 397 in 
2006).
    The law allows for extradition of citizens; however, none were 
extradited for trafficking-related offenses. Requesting-country 
nationals charged with trafficking-related crimes, including 
pedophilia, were extradited to Japan, Australia, Germany, Bahrain, the 
PRC, the United Kingdom, and the United States.
    There were reports of bribe taking by some low- or mid-level police 
officers facilitating the most severe forms of trafficking in persons. 
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. 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. The Government worked with the 
International Labor Organization's (ILO) International Program on the 
Elimination of Child Labor to implement projects to reduce the 
incidence of trafficking of children for labor and sexual exploitation. 
However, funds for fighting trafficking or aiding its victims were 
limited. A new fund to assist antitrafficking activities was being set 
up under the new law.
    In general victims awaiting repatriation were brought to 
government-run shelters or, in the case of noncitizens, to NGO run 
shelters. During the year eight government shelters received 524 women 
and children from neighboring countries and Uzbekistan, plus 158 
citizens, including women found in voluntary prostitution and domestic 
abuse victims. The Government provided food, medical care, and limited 
psychological counseling.
    The Government screened trafficking victims from Cambodia and Burma 
through cooperation between the police and the International 
Organization for Migration. Law enforcement officials identified 
victims of trafficking and referred them to one of six regional 
government shelters.
    Trafficking victims received some 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. 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. Trafficked 
victims residing illegally in the country were not allowed to obtain 
employment while awaiting repatriation, even if they were involved in 
legal proceedings against the trafficker.
    The Government continued cooperative arrangements with NGOs and 
local industries, especially the hotel industry, to encourage youths 
(particularly girls) to find employment outside the sex industry and 
other 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.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution mandates newly 
constructed buildings to have facilities for persons with disabilities, 
but these laws were not uniformly enforced. The constitution prohibits 
discrimination against persons with physical and mental disabilities in 
education and provides for access to health care and other state 
services. Activists continued to work to amend laws that allow 
employment discrimination against persons with disabilities.
    A September 2007 law expands the types of disabilities covered by 
the law and facilitates legal recourse to seek redress for 
discrimination based on disability status. The law also elevates the 
status of a division in the MHDHS tasked with protecting the rights of 
persons with disabilities. During the year the Government held two 
events to promote awareness of persons with disabilities, including two 
contests to award businesses employing persons with disabilities and 
organizations dedicated to supporting disabled communities.
    Persons with disabilities who register with the Government are 
entitled to free medical examinations, wheelchairs, and crutches. The 
Government provided five-year, interest-free small business loans for 
persons with disabilities.
    The Government maintained 43 special schools for students with 
disabilities. The Ministry of Education reported that there were 76 
centers nationwide offering special education programs for preschool-
age children. There also were nine government-operated and 15 NGO-
operated training centers for persons with disabilities. In addition, 
there were private associations providing occasional training for 
persons with disabilities. There were reports of schools turning away 
students with disabilities, although the Government claimed that such 
incidents occurred because schools did not have appropriate facilities 
to accommodate such students.
    Many persons with disabilities who found employment were subjected 
to wage discrimination. According to NGOs, government regulations 
require private firms either to hire one person with a disability for 
every 200 other workers or contribute to a fund that benefits persons 
with disabilities, but this provision was not enforced. Government 
officials estimated that as many as 48 percent of firms disregarded the 
law, but NGOs believed the number to be as high as 70 percent. Some 
state enterprises had discriminatory hiring policies.

    National/Racial/Ethnic Minorities.--Two groups--former belligerents 
in the Chinese civil war and their descendants living in the country 
since the end of the civil war, 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. According to the Ministry of Interior, during the year 
approximately 680 Chinese and some of their descendants and five of the 
Vietnamese and their descendants were granted full citizenship.

    Indigenous People.--Those members of hill tribes who were not 
citizens continued to face restrictions on their movement, could not 
own land, had difficulty accessing credit from banks, and were not 
protected by labor laws, including minimum wage requirements. They were 
also barred from state welfare services such as universal health care.
    The 2008 Nationality Act provides citizenship eligibility to 
certain categories of highlanders who were not previously eligible (See 
Section 2.d.). Although the Government was supportive of efforts to 
register citizens and educate eligible hill tribe persons about their 
rights, activists reported that widespread corruption and inefficiency, 
especially among highland village headmen and district and subdistrict 
officials, contributed to a backlog of pending citizenship 
applications.
    Hill tribe members continued to face societal discrimination 
arising in part from the belief that they were involved in drug 
trafficking and environmental degradation.

    Other Societal Abuses and Discrimination.--NGOs complained that 
employers discriminated against male homosexuals after reviewing 
military documents that permanently labeled these individuals as having 
a mental disorder. According to the military, the practice stopped in 
April 2007. However, an NGO reported that the military began using 
``unfit chest size'' to label homosexuals on military documents. The 
law did not permit transgendered individuals to change their gender on 
identification documents. NGOs also alleged that some nightclubs, bars, 
hotels, and factories denied entry or employment to transgendered 
individuals.
    Persons with HIV/AIDS faced the psychological stigma associated 
with rejection by family, friends, and the community, although 
intensive educational outreach efforts may have reduced this stigma in 
some communities. There were reports that some employers refused to 
hire persons who tested HIV-positive following employer-mandated blood 
screening. According to the Thailand Business Coalition on AIDS, an 
estimated 7,000 businesses pledged not to require HIV/AIDS tests for 
employees or discharge infected employees and vowed to hold regular 
awareness campaigns.
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, enforcement of the law was ineffective. In 
addition, the Labor Relations Act and Labor Protection Act provide 
inadequate protection to workers who participate in union activities. 
The law allows unions to conduct their activities without government 
interference. The law also permits workers to strike, and this right 
was exercised in practice.
    Civil servants, including public school teachers, are prohibited 
from forming or registering a union. They are allowed to form and 
register only as associations, which have no right to bargain 
collectively. Noncitizen migrant workers, whether registered or 
illegally present, do 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. The Ministry of Labor requires foreign 
workers to renew their temporary work status annually. Few, if any, 
registered migrants joined unions. A substantial number of migrant 
workers worked in factories near border-crossing points, where labor 
laws were routinely violated and few inspections were carried out to 
verify compliance with the law.
    The labor force consisted of 36.9 million persons. Less than 4 
percent of the total work force but nearly 11 percent of industrial 
workers and more than 50 percent of state enterprise workers were 
unionized. At the end of 2007, there were 43 state enterprise unions 
with 170,630 members and 1,243 private labor unions with 331,250 
members. Almost two-thirds of employed laborers were informal workers 
who were not protected under labor laws and did not have access to the 
social security system. Most informal workers were in the agriculture, 
wholesale, retail, hotel, restaurant, and the construction sectors.
    The State Enterprises Labor Relations Act (SELRA) restricts 
affiliations between state enterprise unions and private sector unions; 
however, union confederations can affiliate. The restriction against 
union affiliation effectively divided the trade union movement along 
state enterprise 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. Unions 
in state-owned enterprises generally operated independently of the 
Government and other organizations. Internal conflicts, corruption, and 
a lack of leadership weakened the labor movement.
    The law prohibits antiunion actions by employers; however, it also 
requires that union officials be full--time employees of the company or 
state enterprise, which makes them vulnerable to employers seeking to 
discipline workers who serve as union officials or who attempt to form 
unions. It also serves as a prohibition against permanent union staff, 
thus limiting the ability of unions to organize and be politically 
active. The Labor Relations Act allows only two government licensed 
outside advisors to a union, and the Ministry of Labor often blocked 
the registration of labor advisors whom it deemed too activist. Union 
leaders and outside observers complained that this interfered with the 
ability to train union members and develop expertise in collective 
bargaining, leading to rapid turnover in union leaders.
    Trade union leaders can be dismissed for any reason, provided 
severance payment is made. In such circumstances the law does not 
provide for reinstatement, and the requirement for severance pay was 
not always respected. The labor court reinstated employees in some 
cases where dismissal resulted from union activity and was illegal. 
However, because the reinstatement process was lengthy and costly for 
the employee, most cases were settled out of court through severance 
payments to the employee, and there were no punitive sanctions for 
employers.
    On July 29, garment maker Triumph International dismissed labor 
union leader Jitra Kongdej for alleged slights to the monarchy and for 
tarnishing the company's image after she wore a shirt advocating the 
right not to stand for the king's anthem on a television talk show. 
Nearly 3,000 union members protested in support of Jitra outside the 
factory in Samut Prakan. On August 29, Triumph reinstated all workers 
except Jitra following negotiations between the union and management; 
Triumph also gave all union members 5,200 baht ($156). Jitra filed a 
complaint with the Human Rights Commission and requested a new hearing 
at the Samut Prakan Court of Labor. The company paid Jitra's salary 
until the new hearing on November 27, when the court ruled in favor of 
Triumph International and permitted Triumph to fire Jitra without 
compensation. The court did not publish the ruling due to alleged 
controversial lese majeste content. Jitra planned to appeal the 
verdict.
    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 in the past and did not do so during the year. The law 
also forbids strikes in ``essential services,'' which are defined much 
more broadly than in the ILO criteria and include sectors such as 
telecommunications, electricity, water supply, and public 
transportation as essential services. The law 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. 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 were 87 labor disputes and two legal strikes 
involving more than 48,000 workers. In addition, three lockouts were 
reported. Most of the conflicts involved wages, the failure of 
employers to deliver services as agreed, the transfer of employees to 
new assignments, and the number of work days and hours. There were also 
protests against mass layoffs without proper severance pay and the 
closure of factories.

    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 law 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 
wage committees may have further limited union influence; many of these 
provincial committees excluded labor representatives and placed factory 
managers on the wage committees to represent worker interests.
    Union leaders and academic observers reported that employers often 
discriminated against workers seeking to organize unions. The law does 
not protect workers from employer reprisal for union activities prior 
to the registration of the union, and employers could exploit this 
loophole to defeat efforts at union organization. Employers used 
loopholes in the Labor Relations Act to fire union leaders prior to 
government certification of unions. During the year there were several 
reported cases of workers being dismissed from their jobs for engaging 
in union activities. In some cases the court ordered workers reinstated 
if grounds for their dismissal were proven inaccurate.
    A system of labor courts exercises judicial review over most 
aspects of labor law for the private sector; however, there was 
documented abuse in the system, including evidence that awards to 
workers were ignored or not paid in full. Issues of collective labor 
relations are adjudicated through the tripartite labor relations 
committee and are subject to review by the labor courts. Workers may 
also seek redress through the NHRC. The law authorizes the Ministry of 
Labor to refer any private sector labor dispute for voluntary 
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 was 
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.
    Labor brokerage firms used a ``contract labor system'' under which 
workers signed an annual contract. Contract laborers are not covered 
under the Labor Relations Act or the Labor Protection Act. These 
workers lacked the ability to bargain collectively over wage and 
benefit issues. Although they may perform the same work as direct-hire 
workers, they were paid less and received fewer, or no, benefits. 
However, the new Labor Protection Act that came into force on May 27 
requires that businesses provide contract laborers benefits and 
welfare. The new law also states that regardless of whether the 
contract labor employee was outsourced and collecting wages from a 
separate company, the contracting business is the overall employer. It 
was not clear how benefits and welfare are defined under the new act.
    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. However, union leaders alleged 
that employers' associations were organized to cooperate in 
discouraging union organization in the EPZs.

    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.
    Employers routinely kept possession of migrant workers' 
registration and travel documents, which restricted their travel 
outside of the work premises. There continued to be reports of 
sweatshops or abusive treatment in livestock farms, seagoing trawlers, 
animal feed factories, and seafood processing factories in which 
employers prevented workers, primarily foreign migrants, from leaving 
the premises. There were no estimates of the number of such workplaces, 
but the large number of migrants from Burma, Cambodia, and Laos created 
opportunities for abuse.
    On January 16, the police rescued three Laotian girls and arrested 
three Thais on charges of abuse and child slavery. The girls worked as 
domestic employees in Samut Prakarn for two years before being rescued. 
They were regularly beaten or burned when the employers were 
dissatisfied with their work.
    On February 4, four Burmese migrant workers were shot and killed, 
at point-blank range and with their hands bound, on a rubber plantation 
in Surat Thani Province. Police arrested six suspects, five of whom 
were tried; on December 25, three received the death penalty and two 
received life sentences.
    Police arrested four individuals in the June 2007 death of a Karen 
migrant worker who attempted to flee a factory in Supanburi Province, 
where he allegedly had been subjected to forced labor and severe 
physical abuse by his employer. Factory owner Sarawut Ayuken was 
charged with murder and with providing work and shelter to illegal 
migrant workers. In 2007 the court sentenced him to 12 months' 
imprisonment and a fine of 35,000 baht, (1,050), but he then changed 
his plea to guilty and, in exchange for acknowledging fault, received a 
lesser sentence of two years' probation and a fine of 17,500 baht 
($525). The cases against the other three suspects remained with the 
provincial court.
    Problems encountered by Thai citizens working overseas highlighted 
the problem of exploitative labor supply agencies that charged heavy 
and illegal recruitment fees often equal to all of a worker's first-- 
and second-year earnings. In many cases recruited workers did not 
receive the terms they were promised and incurred significant debt. 
Local banks contributed to this practice by offering exorbitant loans 
to allow workers to pay recruitment fees, which ranged from 300,000 to 
one million baht ($9,000 to $30,000) for workers traveling abroad.

    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. Children under 18 may not be employed in 
hazardous work, which includes any activity involving metalwork, 
hazardous chemicals, poisonous materials, radiation, and harmful 
temperatures or noise levels; exposure to toxic microorganisms; 
operation of heavy equipment; underground or underwater work; and work 
in places where alcohol is sold or in hotels or massage parlors. The 
maximum penalty for violating these prohibitions is one year in prison. 
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 law allows for issuance of 
ministerial regulations to address sectors not covered in the law, and 
since 2004 regulations have increased protections for child workers in 
domestic and agricultural sector work. The minimum working age is 
coordinated with the mandatory national educational requirement.
    Child labor remained a problem, particularly in agriculture, 
fishing, domestic work, and entertainment industries as well as street 
begging. Contradictory surveys by various government agencies, which 
largely ignored foreign children and those in illegal industries, made 
estimating the scope of the phenomenon difficult. According to a study 
funded by the Ministry of Labor and the ILO, labor abuse of child 
citizens was declining and such children made up less than 1 percent of 
the workforce. However, abuse of underage migrant workers, especially 
from Burma, was widespread and continued to increase.
    The Ministry of Labor estimated that approximately 300,000 children 
between 15 and 17 years old were working legitimately. However, the 
number of all child laborers was much larger when taking into 
consideration child laborers under 15 and unregistered migrant 
children. NGOs reported that 2 to 4 percent of children between the 
ages of six 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 less evident in larger, export-oriented factories. NGOs also 
reported extensive child labor in garment factories along the Burmese 
border, in Mae Sot Province. However, there was no comprehensive survey 
of child labor throughout the country, since NGOs often did not have 
access to shophouse factories. NGOs reported child domestic workers 
were predominantly migrants 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 
less than 15 years of age. There are regulations that extend certain 
protections to children in the domestic and agricultural sectors, 
although the effects of these regulations have not been measured.
    Children (usually foreign) were exploited in street selling, 
begging, domestic work, agriculture work, and prostitution in urban 
areas, sometimes in a system of debt bondage. There were reports of 
street children who were bought, rented, or forcibly ``borrowed'' from 
their parents or guardians to beg alongside women in the street. A 2006 
ILO study in six provinces concluded that almost half of child laborers 
were involved in the worst forms of child labor due to long working 
hours (more than eight hours per day) and hazardous work.
    The Ministry of Labor is the primary agency charged with enforcing 
child labor laws and policies. In 2007 the Ministry of Labor inspected 
672 establishments employing 10,044 child workers (under age 18), with 
four establishments found to be using underage workers (in most cases, 
under 15). 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. 
The legal requirement for a warrant hampered inspection of private 
homes to monitor the welfare of child domestic workers.

    e. Acceptable Conditions of Work.--The minimum wage ranged from 148 
baht to 203 baht per day ($4.44 to $6.09), depending on the cost of 
living in various provinces. This wage was not adequate to provide a 
decent standard of living for a worker and family. Although the minimum 
wage increased over the year, especially in provinces adjacent to 
Bangkok, it did not keep pace with inflation. The minimum wage is set 
by provincial tripartite wage committees that sometimes included only 
employer representatives.
    The Government sets wages for state enterprise employees under 
SELRA. Wages for civil servants are determined by the Office of Civil 
Service Commission. However, the new Civil Servant Act that took effect 
on January 26 gives each ministry or department more flexibility in 
designing civil servant salary levels.
    The Ministry of Labor is responsible for ensuring that employers 
adhere to minimum wage requirements (applicable to the formal sector); 
however, enforcement of minimum wage laws was mixed. Academics 
estimated that one third of formal sector workers nationwide received 
less than the minimum wage, especially those in rural provinces. In 
addition, many labor laws, including the minimum wage law, do not apply 
to undocumented workers, primarily hill tribe members and illegal 
aliens. An estimated one to two million unskilled and semiskilled 
migrant workers worked for wages that were less than half the minimum 
wage.
    The Labor Protection Law mandates a uniform workweek of 48 hours, 
with a limit on overtime of 36 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 42 
hours per week and are not permitted overtime. Petrochemical industry 
employees cannot work more than 12 hours per day and can work 
continuously only for a period not exceeding 28 days. The Government 
enforced the work hour standards. There were reported incidents of 
employees forced to work overtime, with punishments and dismissals for 
workers who refused. Typically, migrant workers worked 12 hours per 
day, with one day off a month.
    Working conditions varied widely. During the year there were 
163,137 reported incidents of diseases and injuries from industrial 
accidents. This included 117,585 minor disabilities (resulting in no 
more than three days of missed work) and 2,628 disabilities resulting 
in more than three days' missed work (including permanent disabilities 
and deaths). However, the rate of incidents occurring in the larger 
informal and agricultural sectors and among migrant workers was 
believed to be higher. Occupational diseases rarely were diagnosed or 
compensated, and few doctors or clinics specialized in them. The 
approximately 50,000 young migrant women employed in textile factories 
along the Burma border in Mae Sot in Tak Province had limited and 
substandard medical care options, and many suffered from stress-related 
disorders and complications from abortions. 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, prohibiting them from working on night shifts, 
overtime, and holidays, with dangerous machinery, or on boats. Despite 
the act's prohibition against dismissing pregnant workers regardless of 
their nationalities, there were reports that employers of migrant women 
fired those who became pregnant.
    The Ministry of Labor promulgates health and safety regulations 
regarding conditions of work and is responsible for their enforcement; 
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. According to the Ministry of Labor's 
Department of Labor Protection and Welfare, mining, consumer goods 
production, and the construction industry violated the most laws 
regarding workers' safety.
    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.
    Despite the new registration process, migrant workers, especially 
from Burma, remained particularly vulnerable to poor working conditions 
due to a lack of labor rights. According to Amnesty International, they 
were routinely paid well below the minimum wage, worked long hours in 
unhealthy conditions, and were at risk of arbitrary arrest and 
deportation. In addition, improper wage deductions for registration, 
health care, sick days, and employee errors were widespread. Attempts 
by registered migrant workers to carry out work stoppages to demand 
minimum and back wages, along with better working conditions, often led 
to deportations, resulting from apparent collusion between factory 
owners and local government immigration officials.
    Migrant workers also faced discrimination by a Social Security 
Office (SSO) policy that denies disabled but registered migrants access 
to the Workmen's Compensation Fund (WCF). In January the WCF Committee 
rejected an appeal from Shan migrant worker Nang Noom Mai Seng, who was 
permanently disabled after a 2006 construction accident while working 
at the Shangri-la Hotel in Chiang Mai. In February Nang Noom petitioned 
a labor court and argued that a circular in the SSO was discriminatory, 
unlawful, and in breach of the constitution. In July the Labor Court 
rejected her petition, and the case was pending before the Supreme 
Court.
    In April three Shan migrant workers, including Nang Noom An, 
submitted an additional case to an administrative court requesting 
revocation of the same SSO policy. The Supreme Administrative Court 
ruled in November that administrative courts have no jurisdiction to 
rule on labor cases. NGOs subsequently commented that there existed a 
gap in the justice system's ability to rule on the legality of labor 
policies, whether related to citizens or migrant workers.
    In some areas provincial governors issued decrees that led to a 
restriction of rights of migrant workers. Phuket, Ranong, Rayong, Phang 
Nga, Samut Sakorn, Surat Thani, and Krabi provinces issued decrees that 
included sections prohibiting migrant workers from owning mobile 
telephones or riding motorcycles, leaving a worksite at night between 
the hours of 8 p.m. and 6 a.m., gathering in assemblies of more than 
five persons, or organizing or taking part in cultural events. However, 
the regulations were not rigorously enforced. There were many reports 
of migrant workers being detained by police officers and asked for 
bribes to avoid deportation. There continued to be credible reports of 
NGO personnel being assaulted or threatened by security officials while 
trying to assist migrant workers.

                               __________

                              TIMOR-LESTE

    Timor-Leste is a multiparty parliamentary republic with a 
population of approximately 1.1 million. President Jose Ramos Horta was 
head of state. Prime Minister (PM) Kay Rala Xanana Gusmao headed a 
four-party coalition government formed following free and fair 
elections in June 2007. In an exchange of gunfire with armed rebels on 
February 11, President Ramos Horta was wounded seriously and PM Gusmao 
was unhurt. As provided for in the constitution, the Government imposed 
a state of emergency from February through May. International security 
forces in the country included the UN Police (UNPOL) within the UN 
Integrated Mission in Timor-Leste (UNMIT) and the International 
Stabilization Force (ISF), neither of which was under the direct 
control of the Government. The national security forces are the 
National Police (PNTL) and Defense Forces (F-FDTL). While the 
Government generally maintained control over these forces, there were 
problems with discipline and accountability.
    Serious problems included: police use of excessive force and abuse 
of authority; perception of impunity; arbitrary arrest and detention; 
an inefficient and understaffed judiciary that deprived citizens of due 
process and an expeditious and fair trial; conditions in camps for 
internally displaced persons (IDPs) that endangered health, security, 
education, and women's and children's rights. Domestic violence, rape, 
and sexual abuse were also 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 during the year; however, on February 
11, F-FDTL guards shot and killed Major Alfredo Reinado and one of his 
followers when a band of rebels led by Reinado gained entry to the 
presidential compound; President Ramos--Horta was severely wounded. A 
separate group of Reinado's followers attacked the convoy of PM Xanana 
Gusmao. Gusmao was unhurt. The Government formed a joint PNTL/F-FDTL 
command to apprehend the attackers, and parliament declared a state of 
siege that imposed a curfew, relaxed legal requirements for searches 
and arrests, and restricted demonstrations. The application of the 
state of siege was modified as a state of emergency and extended on 
several occasions until Reinado's second in command, Lieutenant Gastao 
Salsinha, and 11 others surrendered to the authorities on April 29.
    On April 5, in Bobonaro District, an F-FDTL member shot and killed 
a civilian who reportedly threatened the F-FDTL member with a machete. 
The authorities investigated the case and forwarded it to the 
prosecutor general for further action.
    Legal proceedings were ongoing against Luis da Silva, an off duty 
officer accused of shooting a member of then candidate Xanana Gusmao's 
security detail at a political rally in Viqueque in June 2007.
    There were no developments in the inquiry into the August 2007 case 
of a PNTL unit firing into a crowd in Viqueque, killing two.
    The four F-FDTL soldiers sentenced to 12 years, 11 years, and 10 
years for the 2006 killing of eight unarmed PNTL personnel were serving 
their sentences at the military prison at F-FDTL headquarters in Dili. 
A local human rights nongovernmental organization (NGO) and government 
contacts expressed concern that there was no civilian oversight of the 
prison.
    There were no developments in the following 2006 cases: the January 
killing of three men by Border Patrol Unit personnel; the May mob 
killing of a police officer in Ermera District; and the May killing of 
six persons in a house set on fire by a mob. Investigations into other 
cases stemming from the April-May 2006 violence continued. Some 
individuals identified for investigation in the 2006 UN Commission of 
Inquiry Report were subpoenaed to testify regarding their role in 
illegal arms distribution.
    In May President Ramos--Horta granted pardons to a number of 
persons including former interior minister Rogerio Lobato sentenced for 
illegally distributing weapons during the 2006 violence and Joni 
Marques, a pro-Indonesia militia leader, sentenced for multiple 
killings in 1999 (See Section 1.d.).

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected the prohibition against torture; however, there 
were incidents of cruel or degrading treatment of civilians by police 
and military personnel. Members of Parliament, NGOs, UNMIT, and the 
Office of the Ombudsman received numerous complaints of use of 
excessive force by personnel of the Joint Command or regular PNTL 
during the state of emergency. The Office of the Ombudsman eventually 
recorded 44 such cases, most involved beatings, mistreatment during 
detention, threats made at gunpoint, and intimidation. As a result one 
army officer was removed from the field of operations, 14 soldiers were 
verbally disciplined, and, at year's end, the remaining cases were 
under investigation.
    UNMIT's human rights unit and NGOs received numerous complaints of 
excessive force and degrading treatment by the Dili Task Force, a rapid 
reaction PNTL unit created in December 2007. On May 24, Task Force 
members severely beat four residents including a woman of Dili's 
Quintal Boot neighborhood. The case was under investigation by the 
PNTL's National Investigation Division (NID).
    Joint Command forces operating in Ermera during the state of 
emergency reportedly carried out beatings, intimidation, and unlawful 
searches and violated villagers' freedom of movement. On March 12, 17 
persons complained of mistreatment; and on April 14, 13 persons 
reportedly were ill treated, two of whom required hospitalization.
    F-FDTL personnel deployed in western districts were involved in 
violent altercations unrelated to their duties. In May a soldier at a 
wedding party in Letefoho Sub-District, Ermera, opened fire after a 
woman refused to dance with him. The woman was injured and taken to 
Dili hospital for treatment. The NID reportedly investigated and sent 
its findings to the prosecutor general. In a May 11 incident in 
Lahomea, Bobonaro, F-FDTL soldiers severely beat two merchants. One of 
the merchants required hospitalization.
    In January three PNTL officers were arrested in Suai for having 
participated in gang-related violence that resulted in 15 persons 
injured and 20 houses burned.
    Delay or refusal by police to investigate allegations of rape or 
domestic violence was a common problem.
    At year's end there were no developments in the March 2007 case in 
which an armed group wearing F-FDTL uniforms attacked and burned the 
homes of six families in Dili.
    At year's end there were no developments in the March 2007 case 
when 6 to 10 F-FDTL uniformed persons attacked several homes near the 
national hospital.
    At year's end there were no developments in the March 2007 case 
when F-FDTL members detained and allegedly beat approximately 10 
persons for disorderly conduct.
    At year's end there were no developments in the April 2007 case 
when PNTL officers in Covalima District shot and beat a civilian.
    Other abuses included intimidation of IDP camp residents by groups 
operating both in and outside of the camps and attacks and intimidation 
of communities or individuals.

    Prison and Detention Center Conditions.--There were four 
government-run prisons, located in Dili, Baucau, and Gleno. Prisoners 
from the Baucau prison were transferred to Dili's Becora prison pending 
renovation. Government and local NGO figures listed the number of 
prisoners in the country as 179. Prison conditions generally met 
international standards. The F FDTL opened a military prison facility 
at its headquarters in Dili. A local human rights NGO and government 
contacts expressed concern that there was no civilian oversight of the 
military prison.
    UNMIT personnel noted allegations of mistreatment of detainees by 
prison guards during the first 72 hours of imprisonment and a lack of 
special facilities for the mentally ill who consequently were detained 
along with other prisoners. Despite some improvements with regard to 
access to food and water, police station detention cells generally did 
not comply with international standards and lacked sanitation 
facilities and bedding.
    The Government and international forces permitted prison visits by 
the International Committee of the Red Cross and independent human 
rights observers. The ombudsman was able to conduct almost daily 
detainee monitoring in Dili.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, there were many instances in which these 
provisions were violated, often because magistrates or judges were 
unavailable.

    Role of the Police and Security Apparatus.--The president is 
commander-in-chief of the armed forces, but the chief of defense, the 
F-FDTL's senior military officer, exercised effective day-to-day 
command. Civilian secretaries of state for public security and defense 
oversaw the PNTL and F FDTL, respectively. With the formation of the 
Joint Command, the F-FDTL assumed a role in maintaining public order.
    UNMIT continued efforts to reform, restructure, and rebuild the 
PNTL in the wake of its collapse during the political crisis of 2006. A 
central element was a ``screening'' to ensure that each of the 
approximately 3,000 PNTL officers was checked for integrity and past 
crimes or misbehavior. Following screening, officers were to go through 
renewed training and a six-month UNPOL mentoring program. By year's end 
approximately 2,700 officers had completed the UNPOL program.
    Each of the country's 13 districts has a district PNTL commander 
who normally reports to the PNTL general commander. In spite of 
improvements due to the UNPOL training, the PNTL as an institution 
remained poorly equipped and undertrained, subject to numerous credible 
allegations of abuse of authority, mishandling of firearms, and 
corruption.
    Some police officers did not pass the vetting process and were on 
suspension pending further investigation. UNMIT conducted human rights 
training sessions for senior PNTL personnel, and the PNTL received 
training from bilateral partners.
    The PNTL established a Professional Ethics Office (PEO) to enforce 
discipline and accountability. The F-FDTL Military Discipline 
Regulations relied on a disciplinary process for alleged human rights 
violations. However, there was no formal accountability mechanism in 
place to address misconduct in the military, and lack of capacity 
hindered the progress of investigations within the police. Government 
contacts and NGOs reported that cooperation from the police with 
civilian authorities in serious disciplinary cases was limited.
    More than 1,100 ISF personnel from Australia and New Zealand 
supported the police and security forces.
    During the state of emergency, the Joint Command helped provide 
security at key Dili installations and escorted humanitarian convoys. 
On some occasions, in violation of clear rules of engagement requiring 
that the police (international or domestic) be called first in the 
event of any security threat, the F-FDTL resorted to firing warning 
shots as an initial response.

    Arrest and Detention.--The law requires judicial warrants prior to 
arrests or searches, except in exceptional circumstances; however, this 
provision was often violated. The extreme shortage of prosecutors and 
judges outside of the capital contributed to police inability to obtain 
required warrants.
    Government regulations require a hearing within 72 hours of arrest 
to review the lawfulness of an arrest or detention and also to provide 
the right to a trial without undue delay. During these hearings, the 
judge may also determine whether the suspect should be released because 
evidence is lacking or the suspect is not considered a flight risk. The 
countrywide shortage of magistrates meant that police often made 
decisions without legal authority as to whether persons arrested should 
be released or detained after 72 hours in custody. This contributed to 
an atmosphere of lawlessness and impunity. Judges may set terms for 
conditional release, usually requiring the suspect to report regularly 
to police.
    During the state of emergency, there were at least 11 cases of 
arrests by the Joint Command or regular PNTL that were not in 
compliance with legal procedures. There were numerous reports of F-FDTL 
detaining civilians contrary to rules of engagement, and in at least 
three cases the F-FDTL removed detainees from PNTL custody. In one case 
soldiers removed a suspect from UNMIT police custody.
    The law provides for access to legal representation at all stages 
of the proceedings, and provisions exist for providing public defenders 
to indigent defendants. However, there was an extreme shortage of 
qualified public defenders, and many indigent defendants relied on 
lawyers provided by legal aid organizations. A number of defendants who 
were assigned public defenders reported that they had never seen their 
lawyer, and there were concerns that some low priority cases were being 
delayed indefinitely while suspects remained in pretrial detention.
    In 2003 the Court of Appeals ruled that the pretrial detention 
limit of six 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.

    Amnesty.--In May the president commuted the sentences of and 
pardoned 94 persons. The pardons and commutations were granted without 
any formal evaluation of the beneficiaries' conduct in prison or 
ability to reintegrate into society. Some politicians and NGOs 
challenged the legality of the president's actions.

    e. Denial of Fair Public Trial.--The law provides that judges shall 
perform their duties ``independently and impartially'' without 
``improper influence'' and requires public prosecutors to discharge 
their duties impartially. However, the country's judicial system faced 
a wide array of challenges including concerns about the impartiality of 
some judicial organs, a severe shortage of qualified personnel, a 
complex and multi-sourced legal regime, and the fact that the majority 
of the population does not speak Portuguese, the language in which the 
laws were written and the courts operated. Access to justice was 
notably constrained.
    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--
independent of the Ministry of Justice--is responsible for initiating 
indictments and prosecutions. Until a supreme court is established, the 
Court of Appeals remains the country's highest tribunal.
    Progress in establishing justice sector institutions and recruiting 
and training qualified judges, prosecutors, and defense attorneys was 
slow. By year's end, 13 judges, 13 prosecutors, and 11 public defenders 
of Timorese nationality were assigned to the country's judicial 
institutions. However, the system remained heavily dependent on 
international judges, prosecutors, and public defenders. Private 
lawyers continued to represent the majority of defendants in the 
District Courts.
    A court operating five days a week was established in Baucau. 
However, judges, prosecutors, and public defenders assigned to other 
districts outside Dili did not reside in these areas. Their 
intermittent presence continued to severely hamper the functioning of 
the judiciary outside the capital.
    Personnel shortages and administrative issues disproportionately 
affected operations of the Oecussi and Suai District Courts, which 
operated at irregular intervals throughout the year. The trial process 
often was hindered by nonattendance of witnesses due to lack of proper 
notification or lack of transportation. The shortage of qualified 
prosecutors and technical staff in the office of the prosecutor general 
hampered its work and resulted in a large case backlog. International 
prosecutors continued to handle sensitive cases related to the 2006 
crisis. At year's end there was a nationwide backlog of approximately 
5,400 cases. The length of time for cases to come to trial varied 
significantly, with some delayed for years and others tried within 
months of accusations.

    Trial Procedures.--The law provides for the right to a fair trial; 
however, the severe shortages of qualified personnel throughout the 
system led to some trials that did not fulfill prescribed legal 
procedures. Trials are before judges. Except in sensitive cases, such 
as crimes involving sexual assault, trials are public; however, this 
principle was inconsistently applied. Defendants have the right to be 
present at trials and to consult with an attorney in a timely manner. 
Attorneys are provided to indigent defendants. Defendants can confront 
hostile witnesses and present other witnesses and evidence. Defendants 
and their attorneys have access to government-held evidence. Defendants 
enjoy a presumption of innocence and have a right of appeal to higher 
courts.
    The legal regime is complex and was inconsistently applied. Pending 
development of a complete set of national laws, Indonesian laws and the 
UN's transitional regulations remained in effect. The constitution 
stipulates that UN regulations supersede Indonesian laws; however, this 
was inconsistently applied. Also of concern was confusion regarding how 
to apply different sources of law, particularly in criminal cases where 
the Indonesian penal code remained in effect, but procedure was 
governed by a national criminal procedure code.
    The Court of Appeals operated primarily in Portuguese. The UN 
regulations, many of which remained in force, were available in 
English, Portuguese, Indonesian, and Tetum (the language most widely 
spoken in the country). Laws enacted by parliament, intended to 
supplant Indonesian laws and UN regulations, were published in 
Portuguese but were seldom available in Tetum. Litigants, witnesses, 
and criminal defendants often were unable to read the new laws. Trials 
are required to be conducted in Portuguese and Tetum. However, the 
quality of translation provided in court varied widely, and 
translations into Tetum were often incomplete summaries. The prevalence 
of other local languages compounded this problem in the districts, 
particularly in Oecussi.
    As in previous years, concerns arose over the lack of witness-
protection arrangements. In many violent crimes, witnesses were 
unwilling to testify because of the high potential for retribution 
against themselves or their families. Court personnel also reported 
increased concern regarding their own safety.
    The 2006 UN Commission of Inquiry (COI) report recommended 
prosecution of more than 60 individuals for criminal culpability in the 
April and May 2006 crisis and investigation of more than 60 others for 
possible involvement in these crimes.
    Despite COI recommendations, the Government had not brought charges 
against the F-FDTL commander or the former minister of defense.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Civil judicial procedures 
were beset by the same problems encountered by the judicial system as a 
whole. The ombudsman can sue government agencies/agents for alleged 
human rights abuses; however, its approach has been to refer findings 
of abuse to the prosecutor general or the leadership of the PNTL or F-
FDTL.

    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 
reports of arbitrary interference with privacy and home. During the 
state of emergency, there were at least three instances in which the 
PNTL or Joint Command carried out searches without warrants.
    A 2003 land law broadly defines what property belongs to the 
Government and has been criticized as disregarding many private claims.
    Many Dili residents arrived as internal migrants after 1999 and 
occupied empty houses or built houses on empty lots. The majority of 
properties in Dili are deemed state property, and in previous years the 
Government evicted persons from land identified as state property at 
times with little notice and with no due process.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. Individuals generally could criticize the 
Government without reprisal, and a UN executive order decriminalizes 
defamation. However, an Indonesian penal code provision that 
criminalizes defamation also remains in place. At year's end the 
Ministry of Justice was pressing charges against a journalist under 
this defamation law.
    There were three daily newspapers, three weeklies, and several 
newspapers that appeared sporadically. All frequently criticized the 
Government and other political entities editorially.
    Television and radio broadcasts were the primary sources for news. 
However, there was often no reception outside Dili and district 
capitals, and broadcasts were often irregular due to technical or 
resource problems. Many persons did not have access to televison or 
radio.
    On January 18, PM Gusmao threatened to arrest journalists who 
publish ``erroneous'' information.
    On February 22, PNTL officers arrested and beat a journalist who 
was reportedly in violation of curfew; after 11 hours he was released. 
The state secretary for security publicly apologized for the use of 
``unjustified force.''

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Internet access was extremely limited.

    Academic Freedom and Cultural Events.--The Government generally did 
not restrict academic freedom or cultural events. A 2004 law requires 
that academic research on Tetum and other indigenous languages be 
approved by the National Language Institute.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The Government suspended freedom of assembly and the right 
to demonstrate during the state of emergency. These rights subsequently 
were restored in full.
    The law on assembly and demonstrations establishes guidelines to 
obtain permits to hold demonstrations and requires police be notified 
four days in advance of any demonstration or strike. The law also 
stipulates that demonstrations cannot take place within 100 yards of 
government buildings or facilities, diplomatic facilities, or political 
party headquarters. In practice demonstrations were allowed to take 
place without the requisite advance notification, and the 100-yard 
regulation was rarely observed. However, in August PNTL officers cited 
the rule in arresting over 50 students during a demonstration at the 
national university (within 100 yards of the parliament). The detainees 
were released after six to 72 hours of detention, and there were no 
reports of mistreatment.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. An overwhelming majority of the population was Roman 
Catholic. There were small Protestant and Muslim minorities who were 
generally well integrated into society.

    Societal Abuses and Discrimination.--Outside of the capital, non--
Catholic religious groups were at times regarded with suspicion. There 
were reports that Catholics who converted to other religions were 
subjected to harassment and abuse by community members.
    There was no indigenous Jewish population, and there were no 
reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for freedom of movement 
within the country, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice. During the 
state of emergency, in addition to curfews and roadblocks that 
interfered with freedom of movement, persons in the Emera District, 
where the remnants of Reinado's followers were believed to be, were 
obstructed from going to their coffee farms. The Government cooperated 
with the Office of the UN High Commissioner for Refugees and other 
humanitarian organizations in providing protection and assistance to 
internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    Travel to the western enclave of Oecussi required visas and lengthy 
stops at various Indonesian military, police, immigration, and customs 
checkpoints.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--At year's end approximately 
30,000 residents remained displaced from their homes as a result of the 
2006 crisis. Between February and April, international donors and the 
Government ceased monthly food distributions in the camps. The 
Ministries of Social Solidarity and of Health, with the support of 
international donors, set up mobile clinics to provide basic health 
care to residents and provided transportation and logistical support to 
assist with relocation efforts. In addition the PNTL established 
security posts in neighborhoods where residents resettled. Around Dili, 
large IDP camps at the Nicolau Lobato Airport, National Hospital, Dom 
Bosco, and Dili Port were successfully disbanded. Over 40,000 IDPs left 
the IDP camps beginning in April and returned to their homes under a 
government subsidy program which granted families up to $4,500 (the 
U.S. dollar is the local currency) to leave the camps voluntarily and 
rebuild their homes. The absence of laws safeguarding land and property 
ownership remained a serious long term concern for some IDPs.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status to persons in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government established a system for providing protection to 
refugees. The Government granted refugee status or asylum in the past; 
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 
contravened the 1951 convention. These advocates also expressed concern 
that no written explanation is required when an asylum application is 
denied. In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
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 based on universal suffrage.

    Elections and Political Participation.--The president and 
parliament were elected in generally free and fair national elections 
in 2007. The Government headed by PM Gusmao is a four-party coalition 
controlling 37 seats in the 65 seat parliament.
    There were 19 women in the parliament. Women held three senior 
ministerial positions--finance, justice, and social solidarity-one 
vice-minister position, and one Secretary of State position.
    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.

    Government Corruption and Transparency.--PM Gusmao and other 
national leaders publicly acknowledged the extent of official 
corruption. The law provides for criminal penalties for official 
corruption; however, the Government did not implement the law 
effectively, and officials frequently engaged in corrupt practices. The 
Ombudsman's Office by law is the institution charged with leading 
national anticorruption activities and has the authority to refer cases 
for prosecution. During the year the ombudsman referred 16 cases of 
government corruption to the Prosecutor General's Office. In August 
senior officials in the Ministries of Infrastructure and Health were 
dismissed for their involvement in corrupt practices. Also in August, 
eight PNTL officials were suspended for having embezzled funds. At 
year's end this investigation was continuing.
    The country does not have financial disclosure laws. PM Gusmao 
required that all cabinet officials in his government complete 
financial disclosure documents, but by year's end none had done so.
    The law stipulates that all legislation, Supreme Court decisions 
(when the court is established), and decisions made by government 
bodies must be published in the official gazette. If not published they 
are null and void. Regulations also provide for public access to court 
proceedings and decisions and the national budget and accounts. In 
practice there were concerns that public access to information was 
constrained. For example, the official gazette was published only in 
Portuguese, although by law it is to be published in Tetum as well. 
Moreover, its irregular publishing schedule and varying cost meant that 
few journalists, public servants, or others had regular access to it or 
knew how to access it.
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. NGOs also played an 
active role in assisting and advising in the development of the 
country. National and international NGOs, in coordination with the 
ombudsman, monitored human rights issues in IDP camps. The Government 
generally cooperated with these organizations, but during the year 
there were instances of security authorities preventing or resisting 
efforts to monitor human rights compliance.
    There were credible reports that, following the February 11 
attacks, members of the Joint Command explicitly warned villagers in 
Ermera against making human rights complaints. In October a human 
rights monitor investigating a case in Maliana was assaulted by the 
local PNTL commander. The commander was subsequently replaced and his 
successor apologized for the incident.
    The Office of the Ombudsman for Human Rights and Justice is 
responsible for the promotion of human rights, anticorruption, and good 
governance, and the ombudsman has the power to investigate and monitor 
human rights abuses, corruption, and governance standards and make 
recommendations to the relevant authorities. The Ombudsman's Office was 
located in Dili and had limited ability to conduct outreach or other 
activities in the districts. However, in December it opened its first 
district field office in Oecussi. The Human Rights Monitoring Network, 
made up of 10 NGOs, closely cooperated with the ombudsman.
    On July 15, President Ramos--Horta and Indonesian President 
Yudhoyono publicly accepted the bilateral Commission on Truth and 
Friendship's finding that gross human rights violations had been 
committed during and after the 1999 independence referendum. The report 
assigned ``institutional responsibility'' for such violations to the 
Indonesian Armed Forces. Presidents Yudhoyono and Ramos--Horta also 
accepted the report's other findings, conclusions, and recommendations.
    Of the 94 beneficiaries of the May 20 Presidential Decree extending 
pardons or partial commutations of sentences, nine had been convicted 
of crimes against humanity committed in 1999.
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.--Gender-based violence remained a serious concern. Although 
rape is a crime, failures to investigate or prosecute cases of alleged 
rape and sexual abuse were common as were long delays. Authorities 
reported that the backlog of court cases led some communities to 
address rape accusations through traditional law, which does not always 
provide justice to victims. An UNMIT report noted that the definition 
of rape may be too narrow to protect women's rights to personal 
integrity; spousal rape, for example, under applicable Indonesian law 
is not a crime.
    Key legislation that would address legal gaps or establish clear 
guidelines to handle gender-based violent crimes had not been adopted 
by year's end.
    Domestic violence against women was a significant problem often 
exacerbated by the reluctance of authorities to respond aggressively. 
Cases of domestic violence and sexual crimes generally were handled by 
the PNTL's Vulnerable Persons Units (VPUs). Women's organizations 
assessed VPU performance as variable, with some officials actively 
pursuing cases and others preferring to handle them through mediation 
or as private family matters. VPU operations were severely constrained 
by lack of support and resources. UNMIT reported that women 
increasingly reported abuses to the police in contrast to previous 
years. The police were particularly slow to pursue cases where the 
accused occupied a position of power. Police also at times came under 
pressure from community members to ignore cases of domestic violence or 
sexual abuse.
    Government regulations prohibit persons from organizing 
prostitution; however, under the Court of Appeals' interpretation of 
Indonesian laws, prostitution is not illegal. Nonetheless, in past 
years there were reports of women being arrested for prostitution.
    There was no law prohibiting sexual harassment, and sexual 
harassment was reportedly widespread, particularly within some 
government ministries and the police.
    There were no reports of gender-based employment discrimination; 
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. Traditional cultural practices 
such as payment of a bride price and occasionally polyandry also 
occurred.
    The Secretary of State for gender issues in the prime minister's 
office is responsible for the promotion of gender equality. UNMIT's 
Gender Affairs Unit also monitored discrimination against women.
    Women's organizations offered some assistance to female victims of 
violence, including: shelters for victims of domestic violence and 
incest; a safe room at the national hospital for victims of domestic 
violence and sexual assault; and escorts to judicial proceedings. 
Women's and human rights monitoring organizations formed a committee to 
monitor violence against women in the IDP camps and to train camp 
managers to identify and pursue such cases.

    Children.--Although constrained by weak capacity and limited 
resources, the Government was committed to children's rights and 
welfare, and fully engaged with international organizations and NGOs 
working in this area. The constitution stipulates that primary 
education shall be compulsory and free; however, no legislation had 
been adopted establishing the minimum level of education to be 
provided, nor had a system been established to ensure provision of free 
education. According to UN statistics, approximately 20 percent of 
primary school-age children nationwide were not enrolled in school; the 
figures for rural areas were substantially worse than those for urban 
areas.
    In rural areas heavily indebted parents sometimes provided their 
children as indentured servants as a way to settle the debt. If the 
child was a girl, the receiving family may also demand any dowry 
payment normally owed to the girl's parents.
    Violence against children and child sexual assault was a 
significant problem. Some commercial sexual exploitation of minors 
occurred. The Indonesian penal code, which remains in effect pending 
the promulgation of a national penal code, is ambiguous regarding 
statutory rape, specifying only that it is a crime to have intercourse 
with someone who has not reached the age of consent for marriage. This 
age is specified as 15 in the Indonesian civil code.
    Thousands of children remained at risk due to their continued 
displacement. The capacity of the state, communities, and families to 
protect children was seriously challenged. Incidents of child abuse, 
including sexual abuse, were reported both inside and outside the IDP 
camps. Underreporting of child abuse was a problem.
    Many students living in IDP camps enrolled in schools near their 
camp. However, camp-based education was not provided at several IDP 
camps.

    Trafficking in Persons.--The Immigration and Asylum Act prohibits 
trafficking of adults and children, whether for prostitution or for 
forced labor; however, in recent years there were reports of women and 
girls trafficked into the country for prostitution. In addition during 
the year there was increased concern that growing poverty created 
conditions conducive to domestic trafficking.
    A local NGO estimated that more than 100 foreign prostitutes in the 
capital might be victims of trafficking. Several establishments in the 
capital were known commercial sex operations and were suspected of 
being involved in trafficking. Trafficking victims in the country were 
almost exclusively forced to work in the sex industry. Reports of 
trafficking for forced labor have not been verified.
    While the police conducted raids on brothels and massage parlors in 
Dili during the year, credible reports indicated that some police and 
customs officials colluded with such establishments or with those who 
trafficked foreign women into the country to work in them.
    The Government cooperated with various international and NGO 
programs. The Alola Foundation, an NGO, provided assistance to female 
victims of trafficking and advised the Government on trafficking-
related issues.
    During the year the Prosecutor General's Office expanded its 
antitrafficking education campaign and financially supported other 
antitrafficking programs with assistance from local and international 
NGOs. The Government held two workshops for police, military, civil 
servants, NGOs, and government officials to raise human trafficking 
awareness and combat widespread ignorance about the trafficking issue. 
High-level officials served as keynote speakers at the workshops, and 
antitrafficking and gender-based violence posters containing emergency 
contacts for victims were distributed throughout the districts to 
assist potential victims.

    Persons With Disabilities.--Although the constitution protects the 
rights of persons with disabilities, the Government had 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, in many 
districts children with disabilities were unable to attend school due 
to accessibility problems. Training and vocational initiatives did not 
address 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 or 
lack of referral to existing resources. Mentally ill persons were 
imprisoned with the general prison population and were denied needed 
psychiatric care. An office in the Ministry of Social Solidarity is 
responsible for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Some tensions between persons 
from the eastern districts (Lorosae) and persons from the western 
districts (Loromonu) continued, although this was greatly diminished 
from levels witnessed during the April and May 2006 national crisis.
    Relations were generally good between the ethnic majority and 
members of several small ethnic minority groups including ethnic 
Chinese (who constitute less than 1 percent of the population) and 
ethnic--Malay Muslims.

    Other Societal Abuses and Discrimination.--The law makes no 
reference to homosexual activity. Gays and lesbians were not highly 
visible in the country, which was predominantly rural, traditional, and 
religious. There were no reported instances of discrimination.
    There were no reported cases of discrimination against persons with 
HIV/AIDS.
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 were slowed by inexperience, a lack of organizational skills, 
and the fact that more than 80 percent of the workforce was in the 
informal sector. In 2004 the Government established official 
registration procedures for trade unions and employer organizations.
    The law provides for the right to strike, but few workers exercised 
this right during the year. The law on assembly and demonstrations 
could be used to inhibit strikes but was not used in this way.
    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.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--Government 
regulations prohibit forced and compulsory labor, including by 
children, and such practices were not known to occur.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
labor code generally prohibits children under 18 from working; however, 
there are circumstances under which children between the ages of 15 and 
18 can work, and there are exceptional exemptions for children under 
15. The minimum age did not apply to family-owned businesses, and many 
children worked in the agricultural sector. Child labor in the informal 
sector was a major problem. 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 basic standard of living for a worker and family. The 
labor code provides for a standard workweek of 40 hours, standard 
benefits such as overtime and leave, and minimum standards of worker 
health and safety. A National Labor Board and a Labor Relations Board 
exist, and there are no restrictions on the rights of workers to file 
complaints and seek redress. 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.

                               __________

                                 TONGA

    The Kingdom of Tonga is a constitutional monarchy with a population 
of approximately 102,000. Political life is dominated by King Siaosi 
Tupou V, the nobility, and a few prominent commoners. The most recent 
election for ``people's representative'' seats in Parliament, held on 
April 24, was deemed generally free and fair. There were several 
nascent political parties. A state of emergency declared following a 
2006 riot in the capital of Nuku'alofa remained in effect, but limited 
in scope to Nuku'alofa. Civilian authorities generally maintained 
effective control of the security forces.
    Citizens lacked the ability to change their government. The 
Government at times restricted the freedom of the media to cover 
political topics. Government corruption was a problem, and 
discrimination against women continued.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these prohibitions in practice.
    In remarks made in November opposing the extension of the state of 
emergency, member of Parliament (MP) Clive Edwards alleged that Tonga 
Defence Services (TDS) members had beat several persons who were 
meeting in a private home.
    As of year's end, the Government had not prosecuted or taken 
disciplinary action against any police or TDS personnel in response to 
allegations of security force abuse of persons detained following the 
2006 riot.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by family members and church 
representatives. The Tonga Red Cross (TRC) monitored prison conditions 
through quarterly visits to the main prison.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--The security apparatus 
consists of the TDS and a police force. The minister of defense 
controls the TDS, which is responsible for external security and under 
the state of emergency shared domestic security duties with the police.
    The minister of police and prisons directs the police force of 
approximately 470 persons. Incidents of bribe taking and other forms of 
corruption in the police force reportedly occurred. Reports of 
corruption and other public complaints are referred to a specific 
police office that conducts internal investigations and, if necessary, 
convenes a police tribunal. Entry-level police training included 
training on corruption, ethics, transparency, and human rights.
    Powers under the state of emergency were reauthorized in September 
and at year's end were limited to police and military powers to 
``maintain public order'' on the main island of Tongatapu. Somewhat 
more stringent public order provisions applied to a ``proclaimed area'' 
covering parts of Nuku'alofa.

    Arrest and Detention.--The law provides for the right to judicial 
determination of the legality of arrest, and this was observed in 
practice during the year. Under normal circumstances police have the 
right to arrest detainees without a warrant, but detainees must be 
brought before a local magistrate within 24 hours. In most cases 
magistrates set bail. The law permits unlimited access by counsel and 
family members to detained persons. Indigent persons could obtain legal 
assistance from a donor-funded law center.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. The highest-ranking judges historically have 
been foreign nationals. Judges hold office ``during good behavior'' and 
otherwise cannot be dismissed during their terms.
    The court system consists of the Court of Appeal, the Supreme 
Court, the police magistrate's court, a general court, and a court of 
review for the Inland Revenue Department. The king's Privy Council 
presides over cases relating to disputes regarding titles of nobility 
and estate boundaries.
    The TDS and the police force both have tribunals, which cannot try 
civilians.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Trials are public, and defendants have the option to request a seven-
member jury. Defendants are presumed innocent, may question witnesses 
against them, and have access to government-held evidence. Defendants 
have the right to be present at their trials and to consult with an 
attorney in a timely manner. Public defenders are not provided, but a 
donor-funded law center provides free legal advice and representation 
in court. Local lawyers occasionally take pro bono cases. Defendants 
have the right of appeal. The law extends these rights to all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Any violation of a human 
right provided for in the law can be addressed in the courts.

    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, but the Government did not always 
respect these rights in practice.
    In April the Government withdrew a charge of sedition filed against 
businesswoman 'Ofa Simiki for statements made and actions taken prior 
to the 2006 riot.
    At year's end court dates were not set for the trials of five MPs 
charged in February 2007 with sedition in relation to speeches they 
made at political rallies just prior to the 2006 riot.
    In June the Government filed an application for a contempt of court 
order against the newspapers Taimi 'o Tonga and Kele'a in connection 
with articles the papers published relating to deaths resulting from 
the 2006 riot. The case was still pending at year's end. In July the 
High Court dismissed sedition charges against broadcast journalist 
Sangster Saulala, citing insufficient evidence. The charges related to 
broadcasts by Salala's station in the period leading up to the riot.
    Government-controlled media outlets were criticized for exercising 
self-censorship. An important venue for political campaigning was the 
Government-owned Tonga Broadcasting Corporation (TBC), which permitted 
candidates to purchase and air prerecorded television programs 
outlining their policies and positions. In the run--up to the April 24 
parliamentary elections, however, the Government ordered the TBC to 
remove a series of paid political broadcasts from its schedule and 
prohibited TBC staff from hosting any election programs. The TBC's 
board directed that all political programming be reviewed by TBC Board-
appointed censors prior to broadcast.
    Media access to parliamentary debates was also restricted. On June 
3, the speaker of Parliament announced that he would allow only one 
reporter, from the TBC, into Parliament during debates, and only for 
one hour. The print media were required to wait for the official 
minutes, usually published several days after Parliament closed.
    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, including some by 
prominent citizens, critical of government practices and policies.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Lack of infrastructure limited access to a certain extent, but there 
were Internet cafes available in the larger towns in all three of the 
country's main island groups.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, and the 
Government generally respected this right in practice. Revised 
emergency powers regulations, issued on September 5, do not explicitly 
prohibit public meetings or gatherings.
    Trials continued during the year for persons charged with offenses 
relating to the 2006 riot. By year's end 191 persons had been convicted 
and 22 acquitted.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. However, the dominant Christian religion shows its influence 
in a constitutional provision that Sunday is to be ``kept holy'' and 
that no business can be conducted ``except according to law.'' Although 
an exception was made for bakeries, hotels, resorts, and restaurants 
that are part of the tourism industry, the Sunday prohibition was 
otherwise enforced strictly for all businesses, regardless of the 
business owner's religion.
    TBC guidelines require that religious programming on Radio Tonga be 
confined ``within the limits of the mainstream Christian tradition.'' 
Although the TBC allowed the Church of Jesus Christ of Latter-day 
Saints and the Baha'i Faith to broadcast their programs on TV Tonga and 
Radio Tonga, it prohibited discussion of their founders and the basic 
tenets of their faiths. The Government-owned newspaper occasionally 
carried news articles about Baha'i activities or events, as well as 
those of other faiths.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against religious groups, including 
anti--Semitic acts. There was no known resident Jewish community.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and prior to the declaration of a state of emergency in 
2006, the Government generally respected these rights in practice. 
Ongoing emergency powers regulations authorized the police and military 
to restrict free movement in and around a ``proclaimed area'' of 
Nuku'alofa, but these restrictions were rarely enforced.
    The occasion did not arise during the year for cooperation with the 
UN High Commissioner for Refugees or other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law does not prohibit forced exile, but the Government did not 
employ it in practice.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. In principle the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened, but no persons were known to have applied 
for refugee status or temporary protection during the year.
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 system 
of government. The King and 33 hereditary nobles dominated government. 
The King appoints the prime minister. He also appoints and presides 
over the Privy Council (called the cabinet when the King or regent is 
not presiding), which makes major policy decisions. The council is 
composed of as many as 14 ministers and two regional governors; it 
includes nobles and commoners, all serving at the king's pleasure.
    The unicameral Parliament consists of the cabinet members, 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 often voted 
as a bloc.
    In August 2007 a tripartite committee of cabinet, nobles', and 
people's representatives issued a report to Parliament recommending 
major changes to the political system that would result in a sizable 
majority of people's representatives in Parliament, with Parliament 
choosing the prime minister from among its members. The prime minister 
would choose the cabinet, also from among the members of Parliament. 
Before adjourning in October 2007, Parliament endorsed the committee's 
report in general but put off implementation of recommended reforms 
until 2010. In July Parliament enacted legislation providing for the 
establishment of a commission to review, recommend, and draft 
legislation in preparation for parliamentary elections in 2010 under a 
revised system.

    Elections and Political Participation.--Citizens 21 years or older 
and resident in the country may vote. The April elections for 
Parliament's nine people's representatives were deemed generally free 
and fair and resulted in a strong showing for prodemocracy candidates.
    Nobles and cabinet members associated with the royal family have 
traditionally dominated the Parliament and government. For several 
decades a democracy movement has been building, and since 2005 three 
proreform political parties have been registered.
    The sole popularly elected woman in the 34-member Parliament lost 
her seat during the April general elections. A woman may become queen, 
but the constitution forbids a woman to inherit hereditary noble titles 
or become a chief. There was one female government minister.
    A single cabinet minister constituted the only minority 
participation in government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. The Government generally implemented 
the law, but officials often engaged in corrupt practices with 
impunity, and corruption remained a serious problem. In June the 
Government established an Office of the Anti--Corruption Commissioner 
empowered to investigate official corruption.
    There were some reports of government corruption during the year. 
The auditor general investigated corruption allegations against the 
minister for tourism and concluded that the minister had breached 
public finance management laws. The prime minister did not remove the 
tourism minister from office. Government preferences appeared to 
unfairly benefit businesses associated with members of the royal 
family. In August 2007, during parliamentary debates, it was revealed 
that royalties due to the Government from a business associated with a 
member of the royal family had gone unpaid for a number of years. In 
September the company in question settled all payments due to the 
Government, and all government agency agreements with the company were 
terminated.
    There is no law requiring financial disclosure for public 
officials.
    The law does not specifically allow for public access to government 
information, and such access was a problem, especially when the 
Government deemed the information sensitive.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were somewhat 
cooperative and responsive to their views.
    Government offices include a commission on public relations that 
investigates and seeks to resolve complaints about the Government, and 
the Office of the Anti--Corruption Commissioner investigates 
allegations of corrupt conduct by public officials.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law confirms the special status of members of the royal family 
and the nobility. While social, cultural, and economic facilities were 
available to all citizens regardless of race and religion, members of 
the hereditary nobility had substantial advantages, including control 
over most land and a generally privileged status.

    Women.--Rape is punishable by up to 15 years' imprisonment. The law 
does not recognize spousal rape. The incidence of rape appeared to be 
infrequent but increasing, although there were no reliable statistics. 
Rape cases were investigated by the police and prosecuted under the 
penal code. There were two prosecutions and convictions for rape during 
the year.
    Domestic violence against women seldom was publicized; however, 
according to local women's groups, it was very common. Domestic 
violence can be prosecuted under laws against physical assault, but in 
practice prosecutions were very rare. The police department has a 
Domestic Violence Unit. The police received 250 reports of domestic 
violence through the end of November. Following reports of abuse, 
victims received counseling from Domestic Violence Unit officers, who 
also issued both oral and written warnings to perpetrators. 
Perpetrators were also provided counseling. Police pursued charges 
against perpetrators if the victim wished to press charges, but many 
women did not do so due to cultural constraints. The police worked with 
the National Centre for Women and Children, an NGO, to provide shelter 
for abused women. The Free Wesleyan Church operated a hot line for 
women in trouble and, the Salvation Army provided counseling and 
rehabilitation programs.
    Under a Ministry of Health policy, a woman is not permitted to 
undergo a tubal ligation at a public hospital without the consent of 
her husband or, in his absence, her male next of kin.
    Prostitution is not illegal, but activities such as soliciting in a 
public place, procuring, operating a brothel, and trading in women are 
criminal offenses. There were reports of women and underage girls 
engaging in commercial sexual activities.
    Sexual harassment is not a crime, but physical sexual assault could 
be prosecuted as indecent assault. Sexual harassment sometimes 
occurred, but it was not a major problem.
    Inheritance laws, especially those concerned with land, 
discriminate against women. Women can lease land, but inheritance 
rights pass through the male heirs. 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. If there 
are no male relatives, a widow is entitled to remain on her husband's 
land as long as she does not remarry or engage in sexual intercourse.
    The Office of Women within the Ministry of Education, Women, and 
Culture is responsible for facilitation of development projects for 
women. During the year the office assisted women's groups in setting up 
work programs.
    Women who rose to positions of leadership often had links with the 
nobility. Some female commoners held senior leadership positions in 
business and government, including those of governor of the Reserve 
Bank and permanent representative to the UN.
    The National Centre for Women and Children focused on domestic 
abuse and improving the economic and social conditions of women. It 
offered counseling to women in crisis and also operated a safehouse for 
women and children. Another NGO, Ma'a Fafine Moe Famili (``For Women 
and Families, Inc.''), promoted human rights, focusing on the rights of 
women and children. Several religiously affiliated women's groups also 
advocated for women's legal rights.

    Children.--The Government was committed to children's rights and 
welfare, and it provided some funding for children's welfare.
    There were some reports of child abuse. There were two convictions 
for indecent assault of a minor during the year.

    Trafficking in Persons.--While the law does not specifically 
address trafficking in persons, violators could be prosecuted under 
antislavery statutes. There were no confirmed reports that persons were 
trafficked to, from, within, or through the country. There were 
anecdotal reports that some nationals of the People's Republic of China 
working legally and illegally in the country may have been coerced into 
prostitution or other forced labor. There were reports that members of 
foreign fishing crews solicited underage girls for commercial sex.

    Persons With Disabilities.--There are no mandated provisions for 
services for persons with disabilities. The TRC operated a school for 
children with disabilities and conducted occasional home visits. There 
were no complaints of discrimination in employment, education, and 
provision of other government services.
    A Ministry of Education pilot program to assimilate children with 
disabilities into primary schools continued during the year. The queen 
mother ran a center providing accommodation and meals for adults with 
disabilities. There were no programs to ensure access to buildings for 
persons with disabilities. An NGO advocating on behalf of persons with 
disabilities was very active.
    There was no specific government agency with responsibility for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--According to the Ministry of 
Labor, Commerce, and Industries, ownership and operation of food retail 
stores in the country has been legally restricted to citizens since 
1978. Despite this policy, the retail sector in many towns was 
increasingly dominated by foreigners, particularly Chinese nationals. 
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. There were 
reports of crime and societal discrimination targeted at members of the 
Chinese minority.

    Other Societal Abuses and Discrimination.--Sodomy is illegal, but 
there were no reports of prosecutions under this provision. Persons who 
engaged in openly homosexual behavior faced societal discrimination.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers gained the right to form 
unions under the 1964 Trade Union Act, but regulations on the formation 
of unions were never promulgated, and there were no official unions. 
The Friendly Islands Teachers Association and the Tonga Nurses 
Association were incorporated under the Incorporated Societies Act; 
however, they have no formal bargaining rights under the act. The 
Public Servants Association (PSA) acted as a de facto union 
representing all government employees.
    The Trade Unions Act provides workers with the right to strike, but 
implementing regulations were never formulated. There have been 
strikes, but none took place during the year.

    b. The Right to Organize and Bargain Collectively.--The law permits 
collective bargaining, but there were no implementing regulations.
    On January 7, the PSA filed suit against the Government claiming 
unlawful dismissal of the PSA's Secretary General from her job at the 
Agriculture Department in 2007. She was fired after she signed letters 
to the Government on behalf of the PSA asserting breaches by the 
Government of a memorandum of understanding between the Government and 
civil servants who had gone on strike in 2005. The case was still 
pending at year's end.
    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 among citizens. There were 
anecdotal reports that some foreign workers may have been coerced into 
prostitution or other forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there is no legislation prohibiting child labor, the practice 
did not exist in the wage economy. According to the National Centre for 
Women and Children, some school-age children were working in the 
informal sector.

    e. Acceptable Conditions of Work.--There is no minimum wage law, 
although there are government guidelines for wage levels. According to 
the Asian Development Bank, 23 percent of workers in 16 communities 
surveyed in 2005 earned less than 29 pa'anga (approximately $13) per 
person per week, which did not provide a decent standard of living for 
a worker and family. Government workers received raises in 2006, and 
their salaries generally were sufficient to provide a decent standard 
of living for a worker and family.
    Labor laws and regulations, enforced by the Ministry of Labor, 
Commerce, and Industries, limited the workweek to 40 hours. The 
ministry enforced laws and regulations in the wage sector of the 
economy, particularly on the main island of Tongatapu, but enforcement 
in the agricultural sector and on the outer islands was less 
consistent.
    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 with a population of 
approximately 11,000. In 2006 citizens elected a 15-member unicameral 
parliament in generally free and fair elections. There were no formal 
political parties. Following the elections, a loose coalition of eight 
members of parliament formed a new government and selected Apisai 
Ielemia as prime minister. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary generally provide effective means 
of addressing individual instances of abuse. However, there were a few 
areas of concern. Traditional customs and social patterns led to and 
perpetuated religious and social discrimination, including 
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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices, and there were 
no reports that government officials employed them.
    Local hereditary elders exercise discretionary traditional 
punishment and disciplinary authority. This includes the right to 
inflict corporal punishment for infringement of customary rules, which 
can be at odds with the national law. However, during the year there 
were no reports of such corporal punishment.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by local church representatives.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police service, and the 
Government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest and Detention.--The law permits arrests without warrants if 
a police officer witnesses the commission of an unlawful act or has 
``reasonable suspicion'' that an offense is about to be committed. 
Police estimated that the majority of arrests were of this type. The 
police may hold a person arrested without a warrant for no more than 24 
hours without a hearing before a magistrate. When a court issues an 
arrest warrant, the maximum permissible detention time before a hearing 
must be held is stated on the warrant and normally is one to two weeks.
    There was a functioning system of bail. Arrested persons generally 
were promptly informed of the charges against them, although 
bureaucratic delays sometimes occurred because persons charged with 
serious offenses to be tried in the High Court must wait for its 
semiannual meeting. Detainees had prompt access to family members. A 
people's lawyer (public defender) was available free of charge for 
arrested persons and other needed legal advice. Persons on the outer 
islands did not have ready access to legal services, however, as the 
people's lawyer was based on the main island of Funafuti and only 
infrequently traveled to the outer islands. Nongovernmental 
organizations (NGOs) urged the Government to provide sufficient 
personnel and financial resources to the Office of the People's Lawyer 
to enable it to effectively meet the needs of the public on both 
Funafuti and the outer islands. The country had no attorneys in private 
practice.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Procedural 
safeguards are based on British common law. The law provides for a 
presumption of innocence. Judges conduct trials and render verdicts; 
there are no juries. Trials are public and defendants have the right to 
be present. Defendants have the right to be informed of the nature of 
the offenses with which they are charged, to consult with an attorney 
in a timely manner, and to have access to an independent public 
defender. They also have the right to confront witnesses, present 
evidence, and appeal convictions. During the year the number of 
backlogged cases awaiting trial on the island of Funafuti decreased 
significantly, although backlogs remained on some outer islands.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Individuals may bring 
lawsuits seeking damages for, or cessation of, human rights violations.

    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, but the Government occasionally limited these 
rights in practice.
    Citizens were free to criticize the Government publicly or 
privately without reprisal, and there were no reports that the 
Government sought to impede such criticism.
    There were no private, independent media. The Government's media 
department (formerly the public Tuvalu Media Corporation, which was 
decorporatized and converted into a government department effective 
January 1) controlled the country's sole radio station.
    There was no television broadcast. Those few who could afford it 
received international satellite television broadcasts. DVDs and 
videotapes circulated freely and were widely available. Pornography is 
illegal. International media were allowed to operate freely.

    Internet Freedom.--There were no government restrictions on access 
to the Internet and no reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
However, the relative lack of telecommunications infrastructure, 
especially beyond the capital island of Funafuti, and relatively high 
costs restricted public access to and use of the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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; however, the High Court has held that traditional village 
authorities may restrict this right in certain circumstances.
    The constitution also states that the laws are to be based on 
Christian principles. Despite official tolerance, religious homogeneity 
(more than 90 percent of citizens are members of the Church of Tuvalu, 
a Congregationalist denomination) and traditional structures of 
communal life posed practical barriers to the introduction and spread 
of other religious beliefs.
    The Tuvalu Brethren Church reported that at times the Government's 
Media Department edited church radio programming without church 
permission and had reduced its radio time allocation.
    The constitution provides that no one attending a place of 
education shall be required to receive religious instruction or 
participate in other religious activities without his or her consent; 
however, Jehovah's Witnesses reported that student members of Jehovah's 
Witnesses at Motufoua Secondary School were being required to attend 
religious studies and services despite their requests to be excused.
    At year's end the Court of Appeal had not met to review the 
Brethren Church's 2006 appeal of the High Court's 2005 ruling 
permitting local traditional authorities to restrict the constitutional 
right to religious freedom in defense of traditional mores.

    Societal Abuses and Discrimination.--There was a degree of societal 
intolerance toward religions other than established Christian 
denominations, particularly on the outer islands. There was no known 
Jewish community, and there were no reports of anti--Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The occasion did not arise during the year for government 
cooperation with the Office of the UN High Commissioner for Refugees 
and other humanitarian organizations in providing protection and 
assistance to internally displaced persons, refugees, returning 
refugees, asylum seekers, stateless persons, and other persons of 
concern.
    The constitution prohibits forced exile, and the Government did not 
practice it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, but the 
Government has not established a system for providing protection to 
refugees. The Government did not grant refugee status or asylum. During 
the year there were no applications for refugee resettlement, asylum, 
or protection against expulsion or return of refugees to countries 
where their lives or freedom would be threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--The 2006 general elections 
were generally free and fair. An eight-member majority of the newly 
elected parliament selected Apisai Ielemia as prime minister.
    There were no formal political parties; instead, parliament tended 
to divide between an ad hoc faction with at least the necessary eight 
votes to form a government and an informal opposition faction.
    Participation by women in government and politics was limited, 
largely due to traditional perceptions of women's role in society. 
There were no women in the 15-member parliament. One woman served as an 
acting cabinet minister.
    There were no members of minorities in the parliament or the 
cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for some forms of official corruption, such as theft; 
however, laws against corruption are weak. There was widespread public 
perception that government transparency and accountability needed 
further improvement. While the Government enacted a ``leadership code'' 
in 2007 that outlines standards of conduct for government officials, it 
was not implemented. Concerns remained that public funds sometimes were 
mismanaged and that government officials sometimes benefited unfairly 
from their positions, particularly in regard to overseas travel and 
related payments and benefits. During the year the Government continued 
to ban most overseas travel by officials unless funded from abroad.
    The law provides for annual, public ministerial reports, but 
publication was spotty and often nonexistent. The auditor general's 
office, responsible for providing government oversight, was underfunded 
and lacked serious parliamentary support. Public officials were not 
subject to financial disclosure laws.
    There is no law providing for public access to government 
information. In practice the Government was somewhat cooperative in 
responding to individual requests for such information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no local NGOs focused entirely on human rights, although 
there were no known barriers to their establishment. Some human rights 
advocates, such as the Tuvalu National Council of Women, operated under 
the auspices of the Tuvalu Association of Nongovernmental 
Organizations, which was composed primarily of religious organizations. 
The people's lawyer monitored sentencing, equality before the law, and 
human rights issues in general. This institution, which at times was 
critical of the Government, nonetheless was supported by the 
Government, which frequently sought its advice. The few other local 
organizations involved in human rights issues generally operated 
without government restriction, investigating and publishing their 
findings on human rights cases. However, opportunities to publicize 
such information locally were severely limited due to the lack of local 
print and electronic media. Government officials were somewhat 
cooperative and responsive to local organizations' views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, color, and 
place of origin, and the Government generally enforced these 
prohibitions. In 2005 the High Court stated that the omission of gender 
as a basis of discrimination in the constitution was deliberate, and 
there is no constitutional protection against gender discrimination.

    Women.--Reports of violence against women were rare. However, 
women's rights observers reported that it was not possible to estimate 
accurately the incidence of rape and domestic violence, due to a lack 
of data. Rape is a crime punishable by a minimum sentence of five 
years' imprisonment, but spousal rape is not included in the legal 
definition of this offense. There were both arrests and trials for 
rape-related offenses during the year.
    The law does not specifically address domestic violence, and the 
issue was not a source of broad societal debate. Acts of domestic 
violence were prosecuted under the assault provisions of the penal 
code. The maximum penalty for common assault is six months' 
imprisonment, and for assault with actual bodily harm, it is five 
years. Human rights observers criticized the police for seeking to 
address violence against women using traditional and customary methods 
of reconciliation rather than criminal prosecution. There were no 
shelters or hot lines for abused women.
    Prostitution is illegal and was not a problem. The law does not 
specifically prohibit sexual harassment but prohibits indecent 
behavior, which includes lewd touching. Sexual harassment was not a 
significant problem.
    There remained some areas in which the law contributes to an 
unequal status for women, such as land inheritance rights and child 
custody rights.
    In practice women held a subordinate societal position, constrained 
both by law in some areas and by traditional customary practices. 
Nonetheless, women increasingly held positions in the health and 
education sectors and were more active politically. In the wage 
economy, men held most higher-paying positions, while women held the 
majority of lower-paying clerical and retail positions.

    Children.--Government funding for children's welfare was reasonable 
within the context of its total available resources.
    The Government did not compile child abuse statistics, and there 
were no reported cases of child abuse or child prostitution during the 
year. However, anecdotal evidence indicated that child abuse occurred. 
Corporal punishment, in the form of strokes of a cane or paddle, was 
common in schools.

    Trafficking in Persons.--The law does not prohibit all forms of 
trafficking in persons, but there were no reports that persons were 
trafficked to, from, through, or within the country. The law 
specifically prohibits procurement of persons within and across borders 
for purposes of prostitution.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law does not prohibit 
discrimination on the basis of physical or mental disability. There 
were no known reports of discrimination against persons with 
disabilities in employment, education, or the provision of other state 
services. However, supplementary state services to address the special 
needs of persons with disabilities were very limited. There are no 
mandated accessibility provisions for persons with disabilities. There 
was no government agency with specific responsibility for protecting 
the rights of persons with disabilities.

    Other Societal Abuses and Discrimination.--Societal discrimination 
against persons based on sexual orientation was not common, and there 
were no reports of such discrimination.
    Persons with HIV/AIDS faced some societal discrimination. Local 
agents of foreign companies that hired seafarers from Tuvalu to work 
abroad barred persons with HIV/AIDS from employment. The Government and 
NGOs cooperated to inform the public about HIV/AIDS and to counter 
discrimination.
Section 6. Worker Rights
    a. The Right of Association.--The law 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, were members of professional associations that did not have 
union status. The only registered trade union, the Tuvalu Seamen's 
Union, had approximately 1,200 members, some 400 of whom worked on 
foreign merchant vessels.
    The law provides for the right to strike, but no strike has ever 
taken place.

    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 the few individual private sector employers set 
their own wage scales. Both the private and public sectors generally 
used nonconfrontational deliberations to resolve labor disputes.
    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 age 14 from working in the formal labor 
market. The law also prohibits children under age 15 from industrial 
employment or work on any ship and stipulates that children under age 
18 are not allowed to enter into formal contracts, including work 
contracts. The Government effectively enforced these prohibitions. 
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 barely 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 sector was A$130 (approximately $90). 
Private-sector wages were typically somewhat lower than the 
Government's minimum wage rate.
    The Ministry of Labor may specify the days and hours of work for 
workers in various industries. The law sets the workday at eight hours. 
However, very few persons worked in the formal economy, which was 
primarily on the main island; thus, the Government did not have 
occasion to enforce the law.
    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 is 
responsible for the enforcement of these regulations, but in practice 
it provided 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 multiparty parliamentary democracy with a population 
of approximately 218,000. The head of government, Prime Minister Edward 
Natapei, governed with a seven-party coalition. The most recent 
elections, held on September 2, were considered generally free and 
fair. Civilian authorities generally maintained effective control of 
the security forces; however, police officials on occasion acted 
peremptorily or at the direction of senior politicians.
    The Government generally respected the human rights of its 
citizens, but there were problems in some areas. These included poor 
prison conditions, arrests without warrants, an extremely slow judicial 
process, government corruption, 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 that the Government or its agents committed arbitrary or 
unlawful killings.
    There were no developments in the case of the March 2007 mob 
violence in which three persons were killed and 20 injured in the 
Blacksands and Anabrou squatter settlements in Port Vila. In October 
2007 the Vanuatu Daily Post newspaper reported that the criminal cases 
regarding the incident were pending in the Supreme Court. During the 
year the attorney general recalled a public report on the case released 
by a commission of inquiry. Court hearings were scheduled for February, 
but at year's end no further information was available.

    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; however, there 
were reports of police abuse of criminal suspects. A report was 
scheduled for release in December on the conditions of the main jail in 
Port Vila, where prisoners allegedly leaked information about 
conditions; however, by year's end no information had been made public.

    Prison and Detention Center Conditions.--Conditions at the three 
prisons in Port Vila improved slightly during the year with foreign 
donor funding but remained below international standards. Security at 
all facilities was poor, and there were frequent prisoner escapes. Male 
inmates were incarcerated in overcrowded facilities. Persons deemed 
mentally unfit to stand trial were held with the general prison 
population. Juveniles were held together with adults.
    The Government permitted prison visits by independent human rights 
observers. For the first time, ballot boxes were brought into the 
prisons for the national elections, and inmates were allowed to cast 
their votes.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--The commissioner of 
police heads the police force, including a police maritime wing, the 
paramilitary Vanuatu Mobile Force, Immigration Department, National 
Disaster Management Office, and National Fire Service. Police 
effectiveness was hampered by a lack of resources and involvement in 
ancillary activities such as search and rescue operations, immigration, 
and national disaster response. During the year foreign assistance was 
provided to address some of the problems confronting the force. Actions 
taken under the assistance projects included recruitment of new 
officers, establishment of additional police posts on outer islands and 
in rural areas, and police building repairs and maintenance.
    Corruption and impunity were not major problems; however, there 
were instances of corruption and instances in which police acted 
without proper authorization at the behest of politicians. On October 
7, four police officers suspended in 2007 for their implication in a 
fraud case returned to full duty pending the return to the country of 
an Indo--Fijian, who was the prime suspect.

    Arrest and Detention.--A warrant issued by a court is required for 
an arrest; however, police made a small number of arrests without 
warrants during the year. The constitutional provision that suspects 
must be informed of the charges against them generally was observed in 
practice.
    A system of bail operated effectively; however, some persons not 
granted bail spent lengthy periods in pretrial detention due to 
judicial inefficiency. The ratio of pretrial detainees to the total 
prison population was relatively high. Judges, prosecutors, and police 
complained about large case backlogs due to a lack of resources and 
limited numbers of qualified judges and prosecutors. Years could pass 
before a case was brought to trial. Detainees were allowed prompt 
access to counsel and family members. A public defender's office 
provided counsel to indigent defendants.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    Magistrates' courts deal with most routine legal matters. Island 
courts are present 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 Appeals Court is 
the highest appellate court. Judges cannot be removed without cause.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
The judicial system is derived from British common law. Judges conduct 
trials and render verdicts; there are no juries. 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 to counsel, a right to judicial determination of the validity 
of arrest or detention, a right to question witnesses and access 
government-held evidence, and a right of appeal. The law extends these 
rights to all citizens. The public defender's office provides free 
legal counsel to indigent defendants.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters, including for human rights 
violations; however, police were reluctant to enforce domestic court 
orders.

    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.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail; 
however, cost and lack of infrastructure limited public access to the 
Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 contrast with 2007, the Government did not prohibit meetings of 
citizens in public.

    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. These benefits were not available to 
non Christian religious organizations.
    Government schools 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.

    Societal Abuses and Discrimination.--There were no reports of 
societal abuses or discrimination against religious groups, although 
some churches and individuals objected to missionary activities of 
nontraditional religious groups. The country's Jewish community was 
limited to a few expatriates, and there were no reports of anti--
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government had no association with the Office of the UN 
High Commissioner for Refugees.
    The law does not address forced exile, but the Government did not 
employ it.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. The Government did not grant refugee status or asylum. In 
practice the Government did not provide protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
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.

    Elections and Political Participation.--The most recent national 
parliamentary elections were held in September and were considered 
generally free and fair. Allegations of bribery and electoral fraud 
were raised against Foreign Minister Bakoa Kaltongga, two other 
politicians, and a former ambassador to the UN. The allegation against 
them was that some voters were turned away from polling booths because 
their names were not on the roll. According to the Vanuatu Daily Post, 
the chief justice agreed to hear an election petition, but at year's 
end no date had been set for the hearing.
    Political parties could operate without restriction or outside 
interference.
    Traditional attitudes regarding male dominance and customary 
familial roles hampered women's participation in economic and political 
life. There were two women in the 52-member parliament. There were no 
women in the cabinet.
    There were no minorities (non--Melanesians) in parliament or in the 
cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity.
    There were reports of government corruption during the year. The 
law provides for the appointment of public servants on the basis of 
merit; however, in practice political interference at times hampered 
the effective operation of the civil service.
    An Ombudsman Commission report released in July revealed 
allegations of corruption and fraud in the Vatuman Bay land deal. A new 
member of parliament (MP) and a former lord mayor of Port Vila were 
allegedly implicated in the case. At year's end the case was pending 
further action by the Public Prosecutor's Office.
    In 2007 three People's Progressive Party (PPP) MPs and a former 
senior official in the Ministry of Foreign Affairs were charged with 
forgery and theft in connection with a large-scale fraud scheme 
involving electoral development funds. The motion for action stated 
that the MPs brought disrepute to parliament for fraudulent use of 
public funds. The three MPs were suspended from parliament for six 
months.
    Public officials are subject to a leadership code of conduct, which 
includes financial disclosure requirements. The Ombudsman's Office and 
Auditor General's Office are key government agencies responsible for 
combating government corruption.
    No law provides for public access to government information. In 
practice governmental response to requests for information from the 
media was inconsistent.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials often were 
cooperative and responsive to their views.
    The president appoints a government ombudsman to a five-year term 
in consultation with other political leaders. Since its establishment, 
the Ombudsman's Office has issued a number of reports critical of 
government institutions and officials. However, it did not have 
adequate resources or independent power to prosecute, and the results 
of its investigations may not be used as evidence in court proceedings. 
Cases reported to the ombudsman and deemed to be valid were referred to 
the Public Prosecutor's Office for further action.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination on the basis of race, place of 
origin, language, or sex; however, women remained victims of 
discrimination in the tradition-based society.

    Women.--Violence against women, particularly domestic violence, was 
common, although no accurate statistics existed. 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.
    On June 19, parliament passed a Family Protection Act that covers 
domestic violence, women's rights, children's rights, and family 
rights. Violators could face prison terms of up to five years or pay a 
fine of up to 100,000 vatu (approximately $900) or both. 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. There were no government programs to address domestic 
violence, and media attention to the abuse was limited. Churches and 
other nongovernmental organizations (NGOs) operated facilities for 
abused women. NGOs such as the National Council of Women and the 
Vanuatu Women's Center also played an important role in educating the 
public about domestic violence but did not have sufficient funding to 
implement their programs fully.
    Prostitution is illegal and was not regarded as a serious problem. 
However, on March 4, the Vanuatu Daily Post reported that ``practices 
of prostitution'' were increasing. The Protection Project noted that 
the number of young women and girls turning to prostitution as a result 
of poverty was rising in Port Vila.
    Sexual harassment is not illegal and was a problem.
    While women have equal rights under the law, they were 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. The majority of 
women entered into marriage through ``bride-price payment,'' a practice 
that 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 from the Vanuatu Council of Women.

    Children.--The Government stressed the importance of children's 
rights and welfare, but there were significant problems in education. 
Although there is a free and universal education policy, all children 
pay school fees, which served as a barrier to education. School 
attendance is 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 
did girls. Although attendance rates were similar in the early primary 
grades, fewer girls advanced to the higher grades. A significant 
portion of the population, perhaps as high as 50 percent, was 
functionally illiterate.
    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 played an active role in a child's development. 
Virtually no children were homeless or abandoned.
    The legal age for marriage is 21, although boys between 18 and 21 
and girls between 16 and 21 may marry with parental permission. In 
rural areas and some outer islands, some children married at younger 
ages.

    Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked to, from, through, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There is no law specifically 
prohibiting discrimination against persons with physical or mental 
disabilities. There is a national policy designed to protect the rights 
of persons with disabilities, but the Government did not implement it 
effectively. There were no special programs to assist persons with 
disabilities and no legislation mandating access to buildings for them. 
Their protection and care were left to the traditional extended family 
and NGOs. Due to a high rate of unemployment, few jobs were available 
for persons with disabilities. Persons with mental illness generally 
did not receive specialized care; members of their extended families 
usually attended to them.

    National/Racial/Ethnic Minorities.--Most of the population is 
Melanesian. 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 prime real estate was increasingly leased to others. 
Within the limits of this system of land tenure, there generally were 
no reports of discrimination against ethnic minorities; however, only 
indigenous farmers may legally grow kava, a native herb, for export.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination against homosexuals, nor were there 
any such reports against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides all workers with the 
right to organize and join unions, and workers exercised this right in 
practice. Approximately 15,000 persons participated in the formal 
economy as wage earners. Combined union membership in the private and 
public sectors was approximately 1,900. The two existing trade unions, 
the Vanuatu Teacher's Union and the Vanuatu National Worker's Union, 
were independent of the Government and grouped under an umbrella 
organization, the Vanuatu Council of Trade Unions. The high percentage 
(approximately 70 percent) of the population engaged in subsistence 
agriculture and fishing precluded extensive union activity. Unions 
require government permission to affiliate with international labor 
federations, but the Government has not denied any union such 
permission.
    Workers have the right to strike, and this right was exercised in 
practice. The law prohibits retaliation for legal strikes. In the case 
of private-sector employees, complaints of violations are referred to 
the Department of Labor for conciliation and arbitration. In the public 
sector, the Public Service Commission handles 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.

    b. The Right to Organize and Bargain Collectively.--Unions 
exercised the right to organize and bargain collectively. They 
negotiated 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 magistrates' courts. 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.
    While the law does not require union recognition, it prohibits 
antiunion discrimination once a union is recognized. Complaints of 
antiunion discrimination are referred to the Department of Labor.
    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 prohibits children under age 12 from working outside family-owned 
agricultural production, where many children assisted their parents. 
The employment of children from 12 to 18 years of age is restricted by 
occupational category and conditions of labor, including employment in 
the shipping industry and nighttime employment. The Department of Labor 
effectively enforced these laws.

    e. Acceptable Conditions of Work.--In October the Department of 
Labor increased the minimum wage to 26,000 vatu (approximately $245) 
per month. 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 their 
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 provides for a premium of 
50 to 75 percent over the normal rate of pay for overtime work.
    The Employment Act, enforced by the Department of Labor, 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 Department of 
Labor could not enforce the law fully. Laws on working conditions and 
safety standards apply equally to foreign workers and citizens.

                               __________

                                VIETNAM

    The Socialist Republic of Vietnam, with a population of 
approximately 86 million, is an authoritarian state ruled by the 
Communist Party of Vietnam (CPV). The most recent National Assembly 
elections, held in May 2007, were neither free nor fair, since all 
candidates were vetted by the CPV's Vietnam Fatherland Front (VFF), an 
umbrella group that monitored the country's mass organizations. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government's human rights record remained unsatisfactory. 
Citizens could not change their government, and political opposition 
movements were prohibited. The Government continued to crack down on 
dissent, arresting political activists and causing several dissidents 
to flee the country. Police sometimes abused suspects during arrest, 
detention, and interrogation. Corruption was a significant problem in 
the police force, and police officers sometimes acted with impunity. 
Prison conditions were often severe. Individuals were arbitrarily 
detained for political activities and denied the right to fair and 
expeditious trials. The Government continued to limit citizens' privacy 
rights and tightened controls over the press and freedom of speech, 
assembly, movement, and association. The Government maintained its 
prohibition of independent human rights organizations. Violence and 
discrimination against women remained a concern. Trafficking in persons 
continued to be a significant problem. Some ethnic minority groups 
suffered societal discrimination. The Government limited workers' 
rights and arrested or harassed several labor activists.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
there was one confirmed report of a death in police custody.
    On May 1, Y Ben Hdok, a Montagnard from Dak Lak, died while in 
detention in the Buon Ma Thuot provincial police station. Police 
detained him on April 28 for questioning regarding his suspected 
involvement in inciting demonstrations. Officials stated that the 
suspect hanged himself during a break in questioning, but family 
members said his corpse was bruised. No investigation was carried out, 
and the family reportedly refused to authorize an autopsy.
    There were reports that another Montagnard prisoner died shortly 
after being released from police custody, although the cause of death 
could not be verified.
    There were no developments related to the 2006 death of Y Ngo 
Adrong.

    b. Disappearance.--The unregistered Unified Buddhist Church of 
Vietnam reported that monk Thich Tri Khai, whom police arrested from 
his monastery in Lam Dong Province in April, remained missing at year's 
end.
    According to nongovernmental organization (NGO) and press reports, 
political activist Tim Sakhorn, sentenced in November 2007 to one year 
in prison for ``sabotaging national unity'' and released in July, was 
residing in An Giang Province under house arrest and constant police 
surveillance. Le Tri, a Vietnamese citizen and political activist who 
disappeared in Cambodia in May 2007, remained missing at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits physical abuse; however, police commonly 
physically mistreated suspects during arrest or detention.
    Incidents of police harassment were reported in the provinces of 
Dien Bien, Thanh Hoa, Son La, and Thai Binh. Land rights protesters in 
An Giang Province also reported harassment from local authorities.
    There were reports that police harassed or beat ethnic minorities 
returning from Cambodia to the Central Highlands, although most reports 
could not be substantiated. Monitors found that most incidents involved 
land, money, or domestic disputes.
    Throughout the year the Government committed activists 
involuntarily to mental hospitals as a tactic to quell dissent.

    Prison and Detention Center Conditions.--Prison conditions could be 
severe but generally did not threaten the lives of prisoners. 
Overcrowding, insufficient diet, lack of clean drinking water, and poor 
sanitation nonetheless remained serious problems in many prisons. 
Prisoners had access to basic health care, with additional medical 
services available at district-- or provincial-level hospitals. 
However, in many cases officials obstructed family members from 
providing medication to prisoners. Prisoners generally were required to 
work but received no wages. Prisoners sometimes were moved to solitary 
confinement, where they were deprived of reading and writing materials 
for periods of up to several months. Family members made credible 
claims that prisoners received better benefits by paying bribes to 
prison officials.
    Family members of several political dissidents reported improved 
living conditions at Xuan Loc Prison in Dong Nai Province. Foreign 
diplomats observed Spartan but clean living areas and generally 
acceptable labor conditions during a June visit to the prison. Family 
members of one activist who broke his arm in a prison in Kien Giang 
Province claimed that medical treatment was inadequate, resulting in 
the partial loss of function in his arm. Family members of Catholic 
activist Father Nguyen Van Ly claimed that he continued to be denied 
access to a Bible.
    The Government generally did not permit the International Committee 
of the Red Cross or NGOs to visit prisons, and no such visits occurred 
during the year. However, authorities allowed foreign diplomats and a 
religious delegation to make limited prison visits and meet with 
prisoners. Most other requests by diplomatic observers to visit 
prisoners were denied.

    d. Arbitrary Arrest or Detention.--The criminal code allows the 
Government to detain persons without charges indefinitely under vague 
``national security'' provisions such as Articles 84, 88, and 258. The 
Government also arrested and detained indefinitely individuals under 
other legal provisions. Authorities also subjected several dissidents 
throughout the country to administrative detention or house arrest.

    Role of the Police and Security Apparatus.--Internal security is 
the responsibility of the Ministry of Public Security (MPS); however, 
in some remote areas, the military is the primary government agency and 
provides 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 maintains a system of household registration and block 
wardens to monitor the population. While this system has generally 
become less intrusive, it continued to be used to monitor those 
suspected of engaging, or likely to engage, in unauthorized political 
activities. Credible reports suggested that local police forces used 
``contract thugs'' and ``citizen brigades'' to harass and beat 
political activists and others, including religious worshippers, 
perceived as ``undesirable'' or a ``threat'' to public security.
    Police organizations exist at the provincial, district, and local 
levels and are subject to the authority of people's committees at each 
level. The police were generally effective at maintaining political 
stability and public order, but police capabilities, especially 
investigative, were generally very low. Police training and resources 
were inadequate.
    Corruption was a significant problem among police at all levels, 
and police officers sometimes acted with impunity. Internal police 
oversight structures existed but were subject to political influence. 
During the year the Government cooperated with several foreign 
governments to initiate a program for provincial police and prison 
management to improve the professionalism of security forces.

    Arrest and Detention.--The criminal code outlines the process by 
which individuals are taken into custody and treated until they are 
brought before a court or other tribunal for judgment. The Supreme 
People's Procuracy (the Public Prosecutor's Office) 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 
person. The Procuracy issues retroactive warrants in such cases. The 
Procuracy must issue a decision to initiate a formal criminal 
investigation of a detainee within nine days; otherwise, police must 
release the suspect. In practice the nine-day regulation was often 
circumvented.
    The investigative period typically lasts from three months for less 
serious offenses (punishable by up to three years' imprisonment) to 16 
months for exceptionally serious offenses (punishable by more than 15 
years' imprisonment or capital punishment), or 20 months for national 
security cases. However, at times investigations can be prolonged 
indefinitely. The criminal code further permits the Procuracy to 
request additional two month periods of detention after an 
investigation to consider whether to prosecute a detainee or ask the 
police to investigate further. Investigators sometimes used physical 
isolation, excessively lengthy interrogation sessions, and sleep 
deprivation to compel detainees to confess.
    By law detainees are permitted access to lawyers from the time of 
their detention; however, authorities used bureaucratic delays to deny 
access to legal counsel. In cases investigated under broad national 
security laws, authorities often delayed defense lawyers' access to 
clients until an investigation had ended and the suspect had been 
formally charged with a crime. In addition a scarcity of trained 
lawyers and insufficient protection of defendant rights made prompt 
detainee access to an attorney rare. In practice only persons formally 
charged with capital crimes were assigned lawyers.
    By law attorneys must be informed of and allowed to attend 
interrogations of their clients. However, a defendant first must 
request the presence of a lawyer, and it was unclear whether 
authorities always informed defendants of this privilege. Attorneys 
also must be given access to case files and be permitted to make copies 
of documents. Attorneys were sometimes able to exercise these 
privileges.
    Police generally informed families of detainees' whereabouts, but 
family members were allowed to visit a detainee only with the 
permission of the investigator, and this permission was not 
automatically granted. During the investigative period, authorities 
frequently did not allow detainees access to family members, especially 
in national security cases. Prior to a formal indictment, detainees 
also have the right to notify family members. However, a number of 
detainees suspected of national security violations were held 
incommunicado. At year's end some persons arrested early in the year 
had not been seen by family members or a lawyer, nor had they been 
formally charged with crimes.
    There is no functioning bail system or equivalent system of 
conditional release. Time spent in pretrial detention counts toward 
time served upon conviction and sentencing.
    Courts may sentence persons to administrative detention of up to 
five years after completion of a sentence. In addition police or mass 
organizations can propose that one of five ``administrative measures'' 
be imposed by people's committee chairpersons at district and 
provincial levels without a trial. The measures include terms ranging 
from six to 24 months in either juvenile reformatories or adult 
detention centers and generally were applied to repeat offenders with a 
record of minor offenses, such as committing petty theft or 
``humiliating other persons.'' Chairpersons may also impose terms of 
``administrative probation,'' which generally was some form of 
restriction on movement and travel. Despite the March 2007 repeal of 
Decree 31, an administrative measure often used to punish perceived 
political dissidents, authorities continued to punish some individuals 
using other vaguely worded national security provisions in the criminal 
code.
    Arbitrary detentions, particularly for political activists, 
remained a problem. The Government used decrees, ordinances, and 
measures to detain activists for the peaceful expression of opposing 
political views. During the year authorities arrested several 
individuals for violating Article 88, which prohibits the 
``distribution of propaganda against the state.'' Those charged with 
violating Article 88 were typically sentenced to terms of up to five 
years in prison. While several activists received reduced prison 
sentences after they appealed, others had their original sentences 
reaffirmed during appeals. In September an Internet blogger was 
convicted of tax evasion and sentenced to 30 months in prison after 
writing about corruption and protesting China's actions in the disputed 
Spratly/Paracel Islands.
    In August and September, the Government arrested at least 13 
activists, most connected with the political movement Bloc 8406, and 
briefly detained at least a dozen others. On November 7, land protester 
and Bloc 8406 member Le Thi Kim Thu was sentenced to 18 months' 
imprisonment for ``disturbing public order.'' At year's end the 
remaining activists had not been charged or tried.
    Police forcibly entered the homes of a number of prominent 
dissidents throughout the country, such as Nguyen Khac Toan and Do Nam 
Hai, and removed personal computers, mobile cellphones, and other 
material.
    There were reports that government officials in the Central and 
Northwest Highlands temporarily detained ethnic minority individuals 
for communicating with the ethnic minority community abroad during the 
year.
    Peaceful land rights protests in Ho Chi Minh City and Hanoi 
resulted in the temporary detention, surveillance, and arrest of 
several organizers, although the Government handled the dispersal of 
these protests without significant violence. Peaceful protests during 
the year against Chinese actions in the Spratly/Paracel Islands also 
resulted in the temporary detention and arrest of several activists for 
demonstrating without permission. In September authorities arrested 
four activists and temporarily detained several more, reportedly in an 
effort to prevent demonstrations and discourage groups from meeting 
publicly.
    In the case of five political activists--two Vietnamese and three 
foreign citizens--arrested in November 2007, two of the foreigner were 
released in December 2007. On May 13, the remaining three were tried 
and convicted on terrorism charges with credit for time served; one 
Vietnamese was released immediately, the foreigner was deported a few 
days later, and the other Vietnamese was released in August.
    Several of the approximately 30 activists arrested in a government 
crackdown in 2006-07 were convicted during the year. Others remained 
under investigation and under administrative detention without being 
formally charged.
    Religious and political activists were subject to varying degrees 
of informal detention in their residences.

    Amnesty.--The central government did not announce a Tet or National 
Day amnesty. Nevertheless, provincial councils throughout the country 
conducted both Tet and National Day amnesties of prisoners under their 
jurisdiction. No high profile prisoners benefited from special release 
during the year.

    e. Denial of Fair Public Trial.--The law provides for the 
independence of judges and lay assessors; however, in practice the CPV 
controlled the courts at all levels through its effective control over 
judicial appointments and other mechanisms. In many cases the CPV 
determined verdicts. Most, if not all, judges were members of the CPV 
and were chosen at least in part for their political views. As in past 
years, the judicial system was strongly distorted by political 
influence, endemic corruption, and inefficiency. CPV influence was 
particularly notable in high profile cases and others in which a person 
was charged with challenging or harming the CPV or the state.
    The judiciary consists of the Supreme People's Court (SPC); 
provincial and district people's courts; military tribunals; 
administrative, economic, and labor courts; and other tribunals 
established by law. Each district has a people's court, which serves as 
the court of first instance for most domestic, civil, and criminal 
cases. Each province also has a people's court, which serves as the 
appellate forum for District Court cases. The SPC, which reports to the 
National Assembly, is the highest court of appeal and review. 
Administrative courts adjudicate complaints by citizens about official 
abuse and corruption. There are also special committees to help resolve 
local disputes.
    There was a shortage of trained lawyers and judges. Low judicial 
salaries hindered efforts to develop a trained judiciary. The few 
judges who had formal legal training often had studied abroad only in 
countries with communist legal traditions.
    There was no independent bar association. In January the prime 
minister approved a proposal to form a national bar association; 
however, it had not been created by year's end.
    Government training programs to address the problem of inadequately 
trained judges and other court officials continued during the year.
    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 required, and 
their role is largely symbolic.
    Military tribunals, although funded by the Ministry of Defense, 
operate under the same rules as other courts. The ministry is 
represented on 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 
ministry 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.

    Trial Procedures.--The constitution provides that citizens are 
innocent until proven guilty; however, many lawyers complained that 
judges generally presumed guilt. Trials generally were open to the 
public, but in sensitive cases judges closed trials or strictly limited 
attendance. Juries are not used. Defendants have the right to be 
present and have a lawyer at trial, although not necessarily the lawyer 
of their choice, and this right was generally upheld in practice. 
Defendants unable to afford a lawyer were generally provided one only 
in cases with possible sentences of life imprisonment or capital 
punishment. The defendant or the defense lawyer has the right to cross 
examine witnesses; however, there were cases in which neither 
defendants nor their lawyers were allowed to have access to government 
evidence in advance of the trial, cross examine witnesses, or challenge 
statements. Defense lawyers commonly had little time before trials to 
examine evidence against their clients. Convicted persons have the 
right to appeal. District and provincial courts did not publish their 
proceedings. The SPC continued to publish the proceedings of all cases 
it reviewed.
    There continued to be credible reports that defense lawyers were 
pressured not to take as clients any religious or democracy activists 
facing trial.
    The public prosecutor brings charges against an accused person and 
serves as prosecutor during trials. Earlier reforms to the criminal 
procedures code were intended to move courtroom procedures 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. The change was intended to provide 
more protections for defendants and prevent judges from coercing 
defendants into confessing guilt; however, implementation differed from 
one province to another.
    In May government officials allowed two foreign diplomats to attend 
the joint trial of three Viet Tan (Vietnam Reform Party) activists, and 
in December four foreign diplomats were permitted to attend the joint 
trial of the eight Thai Ha defendants. Other requests by foreign 
diplomats to attend trials were denied.

    Political Prisoners and Detainees.--There were no precise estimates 
of the number of political prisoners. The Government claimed it held no 
political prisoners, only lawbreakers. The Government held at least 35 
political detainees at year's end, although some international 
observers claimed the number ranged into the hundreds.
    In April a fresh wave of demonstrations in the Central Highlands 
resulted in dozens of reported arrests and detentions of individuals 
suspected of organizing the protests. Local observers reported the 
demonstrations were prompted by ethnic minority groups protesting local 
land use policies.
    On August 14, authorities arrested land rights activist Le Thi Kim 
Thu in Hanoi for disturbing the public order by organizing a protest in 
a public park opposite the Office of the Government. On November 7, she 
was convicted and sentenced to 18 months in prison. During the year 
land rights leaders reported that at least a dozen demonstrators from 
Ho Chi Minh City and surrounding provinces were convicted on charges 
ranging from ``disturbing the public order'' to ``propagandizing 
against the State.''
    In September and October, Bloc 8406 activists Nguyen Xuan Nghia, 
Pham Van Troi, Ngo Quynh, Nguyen Van Tuc, Pham Thanh Nghien, Vu Hung, 
Tran Duc Thach, Nguyen Kim Nhan, Nguyen Van Tinh, Nguyen Thi Cam Hong, 
Duong Van Nam, and Le Thanh Tung were arrested, reportedly for their 
efforts to organize public protests, distribute prodemocracy leaflets, 
protest government land seizures and Chinese government actions, and 
post banners critical of the Government. At year's end all were in 
detention waiting to be formally charged and tried.
    On December 8, eight individuals who participated in prayer vigils 
at the Thai Ha parish in Hanoi were tried jointly at the Dong Da 
People's Court in Hanoi and convicted of disturbing public order and 
destroying public property. Seven of the parishioners were given 
suspended sentences ranging from 12 to 15 months; of these, four were 
also sentenced to additional administrative probation ranging from 22 
to 24 months. The eighth individual was given a warning. None received 
additional jail time.
    After having been sentenced in 2007 for violating Article 88, 
several high-profile dissidents remained in prison, including Catholic 
priest Nguyen Van Ly and human rights attorneys Nguyen Van Dai and Le 
Thi Cong Nhan. Dai, Nhan, and three members of the People's Democracy 
Party were awarded sentence reductions after appeal.
    In January writer and journalist Tran Khai Thanh Thuy, detained in 
April 2007 for violation of Article 88, was tried, sentenced to time 
served, and released for medical treatment.
    Prodemocracy activist Nguyen Ba Dang, arrested in May 2007 for 
``propagandizing against the state,'' reportedly continued to be held 
in Kinh Chi Camp in Hai Duong City.
    In May one of four members of the prolabor United Workers and 
Farmers Organization (UWFO) arrested and convicted in December 2007 was 
released after serving his sentence; the other three remained in prison 
(See Section 6.a.).
    In January, after 17 months in detention, Bloc 8406 member Truong 
Quoc Huy was tried and sentenced to six years in prison for 
``propagandizing against the state.''
    Viet Tan activists Nguyen Quoc Quan, Nguyen The Vu, and Nguyen Quoc 
Hai, arrested in 2006, were tried and convicted in May under Article 84 
for crimes related to terrorism, but they were released after time 
served.
    Several political dissidents affiliated with outlawed political 
organizations, including Bloc 8406, the People's Democratic Party, 
People's Action Party, Free Vietnam Organization, Democratic Party of 
Vietnam, UWFO, and others, remained in prison or under house arrest in 
various locations.
    International NGOs estimated that several hundred ethnic minority 
demonstrators associated with the 2004 Central Highlands protests 
remained in prison.

    Civil Judicial Procedures and Remedies.--There is no clear or 
effective mechanism for pursuing a civil action to redress or remedy 
abuses committed by authorities. Civil suits are heard by 
``administrative'' courts, civil courts, and criminal courts, all of 
which follow the same procedures as in criminal cases and are 
adjudicated by members of the same body of judges and lay assessors. 
All three levels were subject to the same problems of corruption, lack 
of independence, and inexperience.
    By law a citizen seeking to press a complaint regarding a human 
rights violation by a civil servant is required first to petition the 
officer accused of committing the violation for permission to refer the 
complaint to the administrative courts. If a petition is refused, the 
citizen may refer it to the officer's superior. If the officer or his 
superior agrees to allow the complaint to be heard, the matter is taken 
up by the administrative courts. If the administrative courts agree 
that the case should be pursued, it is referred either to the civil 
courts for suits involving physical injury seeking redress of less than 
20 percent of health care costs resulting from the alleged abuse, or to 
the criminal courts for redress of more than 20 percent of such costs. 
In practice this elaborate system of referral and permission ensured 
that citizens had little effective recourse to civil or criminal 
judicial procedures to remedy human rights abuses, and few legal 
experts had experience with the system.

    Property Restitution.--There were widespread reports of official 
corruption and a general lack of transparency in the Government's 
process of confiscating land and moving citizens to make way for 
infrastructure projects. By law citizens must be compensated when they 
are resettled to make way for infrastructure projects, but there were 
complaints, including from the National Assembly, that compensation was 
inadequate or delayed. A team established by the Government after land 
rights protests in 2007 toured several provinces in the south, but few 
claimants reported resolution to their cases as a result.
    In January Catholic parishioners conducted large-scale prayer 
vigils at the residence of the former papal nuncio in Hanoi, which was 
confiscated by the Government and the object of an ongoing dispute. 
After the Government promised to resolve the problem, the prayer vigils 
ceased. On September 19, city officials announced that they would turn 
the site into a public park, with the former papal nuncio's home 
becoming a library. City officials immediately began demolishing 
buildings on the site. Large-scale protests followed, with as many as 
15,000 Catholic parishioners attending a special Mass and prayer vigil 
conducted by the archbishop on September 21.
    In January, April, August, and September, Catholic parishioners 
conducted other large-scale prayer vigils over disputed land previously 
owned by the Thai Ha parish in Hanoi. Eight individuals were arrested 
in August and September and convicted in December for destroying public 
property and disturbing public order in connection with their 
participation in the prayer vigils at Thai Ha. Other religious 
organizations also protested the use of confiscated Church properties 
for commercial or government purposes.
    Some members of ethnic minority groups in the Central and Northwest 
Highlands continued to complain that they had not received proper 
compensation for land confiscated to develop large-scale state-owned 
coffee and rubber plantations. Several residents attributed the cause 
of the April demonstrations in the Central Highlands to ethnic minority 
frustration and discontent over policies regarding state land use.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not respect these prohibitions in practice. Household 
registration and block warden systems existed for the surveillance of 
all citizens, although these systems were generally less intrusive than 
in the past. Authorities focused particular attention on persons 
suspected of being involved in unauthorized political or religious 
activities.
    Forced entry into homes is not permitted without orders from the 
public prosecutor; however, security forces seldom followed these 
procedures but instead asked permission to enter homes, with an implied 
threat of repercussions for failure to cooperate. Some individuals 
refused to cooperate with such ``requests.'' Police sometimes left when 
faced with noncompliance, particularly in urban areas.
    Government authorities opened and censored targeted persons' mail; 
confiscated packages and letters; and monitored telephone 
conversations, e mail, text messages, and facsimile transmissions. The 
Government cut the telephone lines and interrupted the cellular 
telephone and Internet service of a number of political activists and 
their family members.
    Membership in the CPV remained a prerequisite to career advancement 
for all government and government linked organizations and businesses. 
However, economic diversification made membership in the CPV and CPV 
controlled mass organizations less essential to financial and social 
advancement.
    The Government continued to implement a family planning policy that 
urged families to have no more than two children, but the policy 
emphasized exhortation and education rather than coercion. The 
Government can deny promotions and salary increases to public sector 
employees with more than two children, and some cases of denied 
promotion or financial penalties were reported, although the policy did 
not appear to be enforced in a consistent manner. These types of 
sanctions were becoming increasingly less effective as a larger segment 
of the population, particularly in urban areas, continued to move into 
the private sector.
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 continued to restrict 
these freedoms, particularly with respect to speech that criticized 
individual government leaders, promoted political pluralism or 
multiparty democracy, or questioned policies on sensitive matters such 
as human rights, religious freedom, or border disputes with China. The 
line between private and public speech continued to be arbitrary.
    Both the constitution and the criminal code include broad national 
security and antidefamation provisions that the Government used to 
restrict freedom of speech and of the press. The criminal code defines 
the crimes of ``sabotaging the infrastructure of Socialism,'' ``sowing 
divisions between religious and nonreligious people,'' and ``conducting 
propaganda against the Socialist Republic of Vietnam'' as serious 
offenses against national security. The criminal code also expressly 
forbids ``taking advantage of democratic freedoms and rights to violate 
the interests of the State and social organizations.''
    At various times political activists and family members of 
prisoners were physically prevented from meeting with foreign 
diplomatic representatives. Tactics included setting up barriers or 
guards outside their residences or calling them into the local police 
station for random and repetitive questioning.
    The CPV, government, and party controlled mass organizations 
controlled all print, broadcast, and electronic media. The Government 
exercised oversight through the Ministry of Information and 
Communication (MIC) and supplemented its control through pervasive 
party guidance and national security legislation sufficiently broad to 
ensure effective self censorship by the domestic media. Beginning in 
March a government ``rectification'' campaign led to financial audits 
of many newspapers and imposed restrictions on the media's ability to 
conduct public outreach programs, including charities and scholarships. 
Those in the media widely interpreted the actions as an effort by 
authorities to limit further the independence and influence of the 
media.
    Despite the continued growth of Internet blogs, there was a general 
crackdown on press freedom throughout the year, resulting in the 
firings of several senior media editors and the arrest of two 
reporters. These actions dampened what had previously been a trend 
toward more aggressive investigative reporting.
    On May 12, police arrested reporters Nguyen Viet Chien of the daily 
newspaper Thanh Nien and Nguyen Van Hai of the daily newspaper Tuoi Tre 
for ``abusing power in carrying out their official duties'' in 
connection with their 2006 reports on a major corruption scandal at the 
Ministry of Transportation's Project Management Unit Number 18 (PMU--
18). The state press and the public voiced strong opposition to the 
arrests. However, after two days of heavy coverage of the arrest, the 
Ministry of Culture and Information directed the media to stop 
reporting the story. Print and broadcast media obeyed this decision, 
but some bloggers continued to criticize the arrests. The charges 
against the journalists later were changed to ``abusing democratic 
freedoms,'' and on October 15, the two were tried and convicted. The 
court sentenced Nguyen Viet Chien to two years in prison and Nguyen Van 
Hai to a two-year noncustodial ``reeducation'' sentence.
    In July Tuoi Tre and Thanh Nien each replaced a senior editor. The 
newspapers portrayed the moves as routine, although sources stated that 
the two editors were demoted for publishing stories on corruption. In 
August the Government revoked the press cards of seven journalists from 
state-controlled newspapers for ``lack of responsibility'' in 
connection with their reports on the PMU--18 scandal.
    On September 19, police briefly detained and beat a foreign 
correspondent working as the Hanoi bureau chief for the Associated 
Press and kept his camera for eight weeks after he attempted to 
photograph a prayer vigil at the former residence of the papal nuncio.
    On December 18, the Government issued new regulations prohibiting 
bloggers from posting material that the Government believes undermines 
national security or discloses state secrets, incites violence or 
crimes, or includes inaccurate information harming the reputation of 
individuals and organizations. The new regulations also require global 
Internet companies with blogging platforms operating in the country to 
report to the Government every six months and, if requested, to provide 
information about individual bloggers.
    During the year the Government also continued to restrict press 
stories critical of China's actions over disputed islands in the South 
China Sea and supposed military plans to invade Vietnam. The editor in 
chief of a major online news outlet fined in December 2007 for a 
controversial editorial regarding the South China Sea remained in his 
job, despite warnings that he would be removed.
    The law requires journalists to pay monetary damages to individuals 
or organizations who have their reputations harmed as a result of 
journalists' reporting, even if the reports are true. Independent 
observers noted that the law severely limited investigative reporting. 
There were press reports on topics that generally were considered 
sensitive, such as the prosecution on corruption charges of high 
ranking CPV and government officials, as well as occasional criticism 
of officials and official associations. Nonetheless, the freedom to 
criticize the CPV and its senior leadership remained restricted.
    Foreign journalists must be approved by the Foreign Ministry's 
press center, and they must be based in Hanoi, with the exception of 
one correspondent reporting solely on economic issues who lived and 
maintained an office in Ho Chi Minh City while officially accredited to 
Hanoi. Foreign journalists are required to renew their visas every 
three to six months, although the process is routine, and there were no 
reports of any visa renewals being refused. The number of foreign media 
employees allowed was limited, and local employees who worked for 
foreign media also were required to be registered with the Foreign 
Ministry.
    The procedure for foreign media outlets to hire local reporters and 
photographers and receive approval for their accreditation continued to 
be cumbersome. The press center nominally monitored journalists' 
activities and approved, on a case-by-case basis, requests for 
interviews, photographs, filming, or travel, which must be submitted at 
least five days in advance. By law foreign journalists are required to 
address all questions to government agencies through the Foreign 
Ministry, although this procedure often was ignored in practice. 
Foreign journalists noted that they generally did not notify the 
Government about their travel outside of Hanoi unless it involved a 
story that the Government would consider sensitive or they were 
traveling to an area considered sensitive, such as the Central 
Highlands.
    Foreign language editions of some banned books were sold openly by 
street peddlers and in shops oriented to tourists. Foreign language 
periodicals were widely available in cities. Occasionally, the 
Government censored articles.
    The law limits access to satellite television to top officials, 
foreigners, luxury hotels, and the press, but in practice persons 
throughout the country were able to access foreign programming via home 
satellite equipment or cable. Cable television, including foreign-
origin channels, was widely available to subscribers living in urban 
areas.

    Internet Freedom.--The Government allows access to the Internet 
through a limited number of Internet service providers (ISPs), all of 
which were state owned joint stock companies. Internet usage continued 
to grow throughout the year. According to the MIC, 24 percent of the 
population had access to the Internet. Blogging continued to increase 
rapidly. The MIC estimated that there were more than one million 
bloggers online. In addition a number of prominent print and online 
news journalists maintained their own professional blogs. In several 
cases their blogs were considered far more controversial that their 
mainstream writing. In a few cases, the Government fined or punished 
these individuals for the content of their blogs.
    The Government forbids direct access to the Internet through 
foreign ISPs, requires domestic ISPs to store information transmitted 
on the Internet for at least 15 days, and also requires ISPs to provide 
technical assistance and workspace to public security agents to allow 
them to monitor Internet activities.
    The Government requires firms such as cybercafes to register the 
personal information of their customers and store records of Internet 
sites visited by customers. However, many cybercafe owners did not 
maintain these records. Similarly, it was not clear to what extent 
major ISPs complied with the many government regulations.
    While citizens enjoyed unprecedented increasing access to the 
Internet, the Government monitored e mail, searched for sensitive key 
words, regulated Internet content, and blocked many Web sites with 
political or religious content that authorities deemed ``offensive.'' 
They claimed that censorship of the Internet was necessary to protect 
citizens from pornography and other ``antisocial'' or ``bad elements.'' 
They also claimed that efforts to limit Internet access by school-age 
users was intended to keep them from gaming at the expense of their 
school work.
    Officials construed Article 88 of the criminal code, which bans 
``distributing propaganda against the state,'' to prohibit individuals 
from downloading and disseminating documents that the Government deemed 
offensive.
    Authorities continued to detain and imprison dissidents who used 
the Internet to publish ideas on human rights and political pluralism. 
In January writer and journalist Tran Khai Thanh Thuy was arrested for 
violation of Article 88. She was tried, sentenced to time served, and 
released for medical treatment. In April well-known blogger and head of 
the Free Journalist's Club Nguyen Hoang Hai (also known as Dieu Cay) 
was arrested; on September 10, he and his wife were tried and sentenced 
in Ho Chi Minh City on tax evasion charges. Hai was sentenced to 30 
months in prison and a fine of 210 million VND (approximately $12,730). 
Hai's wife received the same fine. On December 4, both Hai's and his 
wife's sentences and fines were upheld upon appeal. The appellate court 
notified Hai's attorney only nine days prior to the scheduled hearing, 
not 15 as required by law.
    In September local authorities in Hanoi threatened to arrest 
bloggers or other individuals for e-mailing information overseas 
regarding Catholic property disputes.
    The Government continued to use firewalls to block some Web sites 
that it deemed politically or culturally inappropriate, including sites 
affiliated with the Catholic Church, such as Vietcatholic.net and 
others operated by overseas Vietnamese political groups. The Government 
appeared to have lifted most of its restrictions on access to the Voice 
of America Web site, although it continued to block Radio Free Asia 
(RFA) most of the time. Nevertheless, local press occasionally wrote 
stories based on RFA broadcasts.
    The MIC requires owners of domestic Web sites, including those 
operated by foreign entities, to register their sites with the 
Government and submit their planned content and scope to the Government 
for approval; however, enforcement remained selective.
    Intellasia, an online news and investment publication that the 
Government shut down in August 2007 for posting ``distorted and 
reactionary content,'' continued to operate from outside the country.

    Academic Freedom and Cultural Events.--The Government asserts the 
right to restrict academic freedom, and authorities sometimes 
questioned and monitored foreign field researchers. However, the 
Government continued to permit 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, but 
government observers regularly attended classes taught by both 
foreigners and nationals. Security officials occasionally 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.
    The Government controlled art exhibits, music, and other cultural 
activities; however, it generally allowed artists broader latitude than 
in past years to choose the themes for their works. The Government also 
allowed universities more autonomy over international exchanges and 
cooperation programs.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The right of assembly is restricted by law, and the 
Government restricted and monitored all forms of public protest or 
gathering. Persons wishing to gather in a group are required by law and 
regulation to apply for a permit, which local authorities can issue or 
deny arbitrarily. In practice only those arranging publicized 
gatherings to discuss sensitive issues appeared to require permits, and 
persons routinely gathered in informal groups without government 
interference. In general the Government did not permit demonstrations 
that could be seen as having a political purpose. The Government also 
restricted the right of several unregistered religious groups to gather 
in worship (See Section 2.c.).
    Prior to the April Olympic torch relay in Ho Chi Minh City, several 
activists reported that authorities called them in for questioning and 
warned them against organizing demonstrations.
    Large-scale prayer vigils occurred in January, April, August, and 
September at disputed Catholic properties at the former papal nuncio's 
residence and at the Thai Ha parish in Hanoi. Police arrested eight 
individuals and harassed other participants in the vigils (See Section 
1.e.). Smaller demonstrations by citizens demanding redress for land 
rights claims frequently took place in Ho Chi Minh City and 
occasionally in Hanoi. Police monitored these protests but generally 
did not disrupt them.

    Freedom of Association.--The Government severely restricted freedom 
of association. Opposition political parties were neither permitted nor 
tolerated. 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 CPV's Vietnam Fatherland Front (VFF) group. However, some 
entities, including unregistered religious groups, were able to operate 
outside of this framework with little or no government interference.
    Officials continued to implement the June 2007 Ordinance on 
Grassroots Democracy, which allows villagers, with the participation of 
local VFF representatives, to convene meetings to discuss and propose 
solutions to local problems and nominate candidates for local 
leadership. The ordinance also requires commune governments to 
publicize how they raise and spend funds for local economic 
development.
    Members of Bloc 8406, a political activist group that calls for the 
creation of a multiparty state, continued to face harassment and 
imprisonment. Its senior members were arrested and jailed in a 
crackdown beginning in 2007. In September authorities arrested an 
additional six members of Bloc 8406 for criticizing the Government's 
response to China and economic policies. Other members faced severe 
harassment for their peaceful political activities. Bloc 8406 claimed 
more than 2,000 supporters inside the country, although this number 
could not be verified. At least 16 members of the group were in 
detention at year's end.
    Several members of another activist group, the People's Democratic 
Party of Vietnam, and a related group, the UWFO, remained in prison at 
year's end.

    c. Freedom of Religion.--The constitution and government decrees 
provide for freedom of worship, and improvements made in past years in 
overall respect for religious freedom continued during the year. The 
Government persisted in placing restrictions on the organized 
activities of religious groups; however, in general restrictions were 
enforced less strictly than in previous years. Overall participation in 
religious activities continued to grow significantly.
    Problems remained in the implementation of the Legal Framework on 
Religion. The problems occurred primarily at the local level, but in 
some instances the central government also delayed enforcement.
    Religious groups encountered the greatest restrictions when they 
engaged in activities that the Government perceived as political 
activism or a challenge to its rule. The Government continued to 
discourage participation in a banned faction of the Hoa Hao Buddhist 
Church. The Government also restricted the activities and movement of 
the leadership of the unrecognized Unified Buddhist Church of Vietnam 
(UBCV)and maintained that it would not recognize the organization under 
its existing leadership. The Government remained concerned that some 
ethnic minority groups active in the Central Highlands were operating a 
self styled ``Dega Church,'' which reportedly mixes religious practice 
with political activism and calls for ethnic minority separatism.
    The Government maintained a prominent role overseeing recognized 
religions. By law religious groups must be officially recognized or 
registered, and the activities and leadership of individual religious 
congregations must be approved by the appropriate authorities. The law 
mandates that the Government act in a timely and transparent fashion, 
but the approval process for registration and recognition of religious 
organizations was sometimes slow and nontransparent. Nevertheless, new 
congregations were registered throughout the country during the year, 
and a number of new religious denominations were registered at the 
national level. However, in the northern region and the Northwest 
Highlands, local authorities had not acted on many registration 
applications submitted since 2006 by more than 1,000 Protestant 
congregations among predominantly ethnic minority groups.
    Some local authorities continued to demand that recognized 
religious organizations provide lists of all members of 
subcongregations as a precondition to registration, although this 
requirement was not codified specifically in the Legal Framework on 
Religion. Some registered congregations in the northern region and the 
Northwest Highlands complained that officials used such lists to keep 
unlisted members from participating in services or for harassment by 
local authorities or their agents. Annual activities by congregations 
also must be registered with authorities, and activities not on the 
accepted annual calendar require separate government approval.
    As in past years, official oversight of religious groups varied 
widely from locality to locality, often as a result of ignorance of 
national policy or varying local interpretations of the policy's 
intent. In general, central level efforts to coordinate proper 
implementation of the Government's religious framework reduced the 
frequency and intensity of religious freedom violations. Nevertheless, 
activities of nonrecognized and unregistered religious groups remained 
technically illegal, and these groups occasionally experienced 
harassment. Several ``unregistered'' religious gatherings were broken 
up or obstructed in Haiphong and the Northwest Highlands, amid 
accusations by religious practitioners that local authorities sometimes 
used ``contract thugs'' to harass or beat them. In Tra Vinh there were 
reports of repeated police harassment and beatings by plainclothes 
``citizen brigades'' at several house churches, including the Full 
Gospel Church. Authorities took no disciplinary action against the 
offenders. However, the level of harassment declined in comparison with 
previous years, and the vast majority of unregistered churches and 
temples were allowed to operate without interference.
    The Government actively discouraged contacts between the UBCV, 
which the Government considered an illegal group, and its 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. Police 
continued to restrict the free movement of UBCV monks.
    There were few credible allegations of forced renunciations in the 
Central and Northwest Highlands during the year. Nevertheless, articles 
in some provincial newspapers encouraged local authorities and ethnic 
minority groups to favor animist and traditional beliefs and to reject 
Protestantism.
    The vast majority of Buddhists practiced their religion under the 
Vietnam Buddhist Sangha Executive Council, the officially sanctioned 
Buddhist governing council, and generally were able to worship freely. 
The Government continued to harass UBCV members and prevented them from 
conducting independent charitable activities outside their pagodas.
    Senior UBCV leaders remained under heavy police surveillance at 
their pagodas and reported limited ability to travel within the 
country. Thich Quang Do and Thich Khong Thanh were able to attend the 
funeral of the UBCV patriarch in July, although some UBCV monks in the 
provinces reported that authorities prevented them from traveling. One 
UBCV monk moved to Ho Chi Minh City from the provinces and resigned 
from the UBCV leadership because of constant surveillance and 
harassment by authorities.
    The Catholic Church reported that the Government continued to ease 
restrictions on assignment of new clergy. Unlike in previous years, 
there were no cases of the Government rejecting Catholic bishops. The 
Church discussed establishing additional Catholic seminaries with the 
Government and expanded its pastoral works program. The Church moved 
towards establishment of an official joint working group with the 
Vatican to develop principles and a roadmap toward establishing 
official relations.
    A number of Catholic clergy reported a continued easing of 
government control over activities in certain dioceses outside of 
Hanoi. In many places local government officials allowed the Catholic 
Church to conduct religious education classes (outside regular school 
hours) and charitable activities. The Ho Chi Minh City government 
continued to facilitate certain charitable activities of the Church in 
combating HIV/AIDS; however, educational activities and legal permits 
for some Catholic charities to operate as NGOs remained suspended. In 
October the Government granted authority for Caritas to reopen an 
office following a 32-year absence.
    Local officials informally discouraged some clergy from traveling 
domestically, even within their own provinces, especially when travel 
to ethnic minority areas was involved. The Catholic archbishop of Hanoi 
was restricted in his official travels to ethnic minority areas in the 
north but was allowed to travel there in a private capacity.
    Despite some reports of discrimination against Catholic students, 
authorities denied that the Government has a policy of limiting access 
to education based on religious belief.
    At least 10 Hoa Hao Church followers allegedly involved in a 2005 
clash with police remained in prison. Hoa Hao monks and believers 
following the Government approved Hoa Hao Administrative Council were 
allowed to practice their faith. Monks and followers who belonged to 
dissident groups or declined to recognize the authority of the council 
suffered restrictions.
    Religious organizations are not allowed to operate schools 
independently. Foreign missionaries may not operate openly as religious 
workers in the country, although many undertook humanitarian or 
development activities with government approval and met with registered 
congregations.
    The Government generally required religious publishing to be done 
through a government owned religious publishing house; however, some 
religious groups were able to copy their own materials or import them, 
subject to government approval. The Government relaxed restrictions 
somewhat on the printing and importation of some religious texts, 
including in some ethnic minority languages. At year's end the 
Government's Committee for Religious Affairs had not approved 
publication of a Hmong-language Bible, permission for which was 
requested more than two years ago, pending approval from the Ministry 
of Education and Training.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation; however, the Government imposed some limits on freedom of 
movement for certain individuals. The Government generally cooperated 
with the UN High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees and asylum seekers.
    Several political dissidents, amnestied with probation or under 
house arrest, were subject to official restrictions on their movements, 
but police allowed them to venture from their homes under surveillance. 
For example, political dissidents Pham Hong Son and Nguyen Khac Toan, 
amnestied in 2006, and attorney Le Quoc Quan and journalist Nguyen Vu 
Binh, amnestied in 2007, continued to be subject to administrative 
detention in the form of official restrictions on their movements. 
Although occasionally confined to their homes, they were allowed some 
movement within Hanoi, but their movements and visits from other 
dissidents were closely monitored. On September 1, while attempting to 
travel to meet with foreign parliamentarians, Quan was detained at 
Hanoi's Noi Bai airport. Authorities canceled Quan's passport and 
informed him that he was not allowed to travel overseas. Son and Toan 
also were prohibited from traveling overseas. In Ho Chi Minh City, 
prominent activists Nguyen Dan Que and Do Nam Hai remained under house 
arrest. Hai was prevented from meeting with foreign diplomats on at 
least two occasions.
    A government restriction regarding travel to certain areas remained 
in effect. It requires 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.''
    The 2007 Law on Residence was not broadly implemented, and 
migration from rural areas to cities continued unabated.
    Moving without permission hampered persons seeking legal residence 
permits, public education, and healthcare benefits. Foreign passport 
holders must register to stay in private homes, although there were no 
known cases of local authorities refusing 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 
Northern Highlands.
    The Government refused to issue passports to a number of well-known 
dissidents. Provincial governments in the Central Highlands facilitated 
the passport issuance and travel of ethnic minority individuals 
traveling legally to the United States on family reunification visas.
    Officials occasionally delayed citizens' access to passports to 
extort bribes. Prospective emigrants rarely encountered difficulties in 
obtaining a passport.
    The law does not provide for forced internal or external exile, and 
the Government did not use it.
    The Government generally permitted citizens who had emigrated 
abroad to return to visit. However, the Government refused to allow 
certain activists living abroad to return. Known overseas Vietnamese 
political activists were denied entrance visas.
    By law the Government considers anyone born in the country to be a 
citizen, even if the person has 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 and 
investment by such persons but sometimes monitored them carefully. 
During the year the Government liberalized travel restrictions for 
overseas Vietnamese, adopting a multiple-entry visa program for 
``qualified'' persons, and in November the National Assembly passed 
legislation allowing for dual citizenship.
    The Government continued to honor a tripartite memorandum of 
understanding signed with the Government of Cambodia and the UNHCR to 
facilitate the return from Cambodia of all ethnic Vietnamese who did 
not qualify for third country resettlement.
    Local government authorities observed but did not hinder fact 
finding and monitoring visits by UNHCR and foreign diplomatic mission 
representatives to the Central Highlands. The UNHCR reported that it 
was able to meet with returnees in private. Foreign diplomats 
experienced some resistance from lower level officials in permitting 
private interviews of returnees. As in previous years, local police 
officials sometimes were present during foreign diplomat interviews 
with returnees but left when asked. Provincial governments generally 
continued to honor their obligations to reintegrate peacefully ethnic 
minority returnees from Cambodia.
    The UNHCR reported that the situation in the Central Highlands 
appeared to be one of integrating ethnic minorities into a national 
community rather than a refugee-producing situation and that the 
atmosphere was ``relaxed'' during their monitoring visits. The UNHCR 
also reported that conditions for ethnic minorities in the Central 
Highlands had improved since the 2001 and 2004 crackdowns. It stated 
that there was ``no perceptible evidence of mistreatment'' of any of 
the ethnic minority individuals it monitored in the Central Highlands. 
The flow of ethnic minorities across the border into Cambodia, high in 
the early part of the year, essentially stopped in mid-year, possibly 
because almost all new arrivals were determined by the UNHCR to be 
economic migrants rather than refugees.

    Protection of Refugees.--The country is not a signatory to the 1951 
UN Convention relating to the Status of Refugees and its 1967 protocol, 
and the law does not provide for the granting of asylum or refugee 
status. The Government has not established a system for providing 
protection to refugees and did not grant refugee status or asylum. The 
Government did not provide protection against the expulsion or return 
of persons where their lives or freedom would be threatened; however, 
there were no such reported cases during the year.

    Stateless Persons.--The country's largest stateless group consisted 
of approximately 9,500 Cambodian residents who sought refuge in Vietnam 
in the 1970s and were denied the right to return by the Government of 
Cambodia, which asserted that no proof existed to confirm that these 
individuals had ever possessed Cambodian citizenship. Almost all were 
ethnic Chinese or Vietnamese. The group was initially settled in a 
number of refugee camps in and around Ho Chi Minh City. When 
humanitarian assistance in these camps ceased in 1994, an estimated 
7,000 refugees left the camps in search of work and opportunities in Ho 
Chi Minh City and the surrounding area. A further 2,200 remained in 
four villages in which the camps once operated. Many had children and 
grandchildren born in Vietnam, but neither the original refugees nor 
their children enjoyed the same rights as Vietnamese citizens, 
including the right to own property, comparable access to education, 
and public medical care. In 2007 the UNHCR and the Governments of 
Cambodia and Vietnam developed a plan calling for a full survey and 
Vietnamese naturalization of these stateless individuals. However, 
implementation of the plan was postponed during the year.
    By passing new legislation allowing for dual citizenship, the 
Government attempted to resolve earlier problems of statelessness by 
involuntary denationalization of its citizens, such as women who 
married foreigners. This group typically consisted of women who married 
Chinese, Korean, or Taiwanese men. Previously the women had to renounce 
their Vietnamese citizenship to apply for foreign citizenship, but 
before gaining foreign citizenship, they divorced their husbands and 
returned to Vietnam without possessing any citizenship or supporting 
documentation. The UNHCR worked with the Government and the 
international community to address other aspects of this problem.
    The Vietnam Women's Union continued to work with the Government of 
South Korea to address international marriage brokering and premarriage 
counseling, including education on immigration and citizenship 
regulations. The Ministry of Foreign Affairs pledged to work with 
immigration authorities to publicize more effectively the methods for 
such women to regain their lost Vietnamese citizenship, documentation, 
and residency benefits. However, because the process was costly and 
cumbersome, such women often remained stateless. Some domestic and 
international NGOs provided assistance.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution does not provide for the right of citizens to 
change their government peacefully, and citizens could not freely 
choose and change the laws and officials that govern them.

    Elections and Political Participation.--The most recent elections 
to select members of the National Assembly were held in May 2007. The 
elections were neither free nor fair, since all candidates were chosen 
and vetted by the VFF. Despite the CPV's early announcement that a 
greater number of ``independent'' candidates (those not linked to a 
certain organization or group) would run in the elections, the ratio of 
independents was only slightly higher than that of the 2002 election. 
The CPV approved 30 ``self-nominated'' candidates, who did not have 
official government backing but were given the opportunity to run for 
office. There were credible reports that party officials pressured many 
self-nominated candidates to withdraw or found such candidates 
``ineligible'' to run.
    According to the Government, more than 99 percent of the 56 million 
eligible voters cast ballots in the election, a figure that 
international observers considered improbably high. Voters were 
permitted to cast ballots by proxy, and local authorities were charged 
with ensuring that all eligible voters cast ballots by organizing group 
voting and that all voters within their jurisdiction were recorded as 
having voted. This practice was seen as having greatly detracted from 
the transparency and fairness of the process.
    In the 2007 election, CPV leaders--Prime Minister Nguyen Tan Dung, 
Party Chief Nong Duc Manh, President Nguyen Minh Triet, and National 
Assembly Chairman Nguyen Phu Trong--retained their seats. CPV 
candidates took 450 of 493 seats. Only one of the 30 self-nominated 
candidates won.
    The National Assembly, although subject to the control of the CPV 
(all of its senior leaders and more than 90 percent of its members were 
party members), continued to take incremental steps to assert itself as 
a legislative body. The National Assembly publicly criticized 
socioeconomic policies, the Government's handling of inflation, and the 
plan to expand Hanoi's governing jurisdiction. Assembly sessions were 
televised live countrywide. Some deputies also indirectly criticized 
the CPV's preeminent position in society.
    All authority and political power is vested in the CPV, and the 
constitution recognizes the leadership of the CPV. Political opposition 
movements and other political parties are illegal. The CPV Politburo 
functions as the supreme decision making body in the country, although 
it technically reports to the CPV Central Committee.
    The Government continued to restrict public debate and criticism 
severely. No public challenge to the legitimacy of the one party state 
was permitted; however, there were instances of unsanctioned letters 
critical of the Government from private citizens, including some former 
senior party members, that circulated publicly. The Government 
continued to crack down on the small opposition political groupings 
established in 2006, and members of these groups faced arrests and 
arbitrary detentions.
    The law provides the opportunity for equal participation in 
politics by women and minority groups. There were 127 women in the 
National Assembly, or 26 percent, a slightly lower percentage than in 
the previous assembly.
    Ethnic minorities held 87 seats, or 18 percent, in the National 
Assembly, exceeding their proportion of the population, estimated at 
approximately 13 percent.

    Government Corruption and Transparency.--The law provides for 
criminal penalties for official corruption; however, the Government did 
not always implement the law effectively, and officials sometimes 
engaged in corrupt practices with impunity. Corruption continued to be 
a major problem. The Government persisted in efforts to fight 
corruption, including publicizing budgets of different levels of 
government, refining a 2007 Asset Declaration Decree, and continuing to 
streamline government inspection measures. Cases of government 
officials accused of corruption sometimes were publicized widely.
    The anticorruption law allows citizens to complain openly about 
inefficient government, administrative procedures, corruption, and 
economic policy. In regular Internet chats with high-level government 
leaders, citizens asked pointed questions about anticorruption efforts. 
However, the Government continued to consider public political 
criticism a crime unless the criticism was controlled by the 
authorities. Attempts to organize those with complaints to facilitate 
action are considered proscribed political activities and subject to 
arrest. Senior government and party leaders traveled to many provinces, 
reportedly to try to resolve citizen complaints. Corruption related to 
land use was widely publicized in the press, apparently in an 
officially orchestrated effort to bring pressure on local officials to 
reduce abuses.
    According to the 2007 decree, government officials must annually 
report by November 30 the houses, land, precious metals, and ``valuable 
papers'' they own; money they hold in overseas and domestic bank 
accounts; and their taxable income. The decree requires the Government 
to publicize asset declaration results only if a government employee is 
found ``unusually wealthy'' and more investigation or legal proceedings 
are needed. In addition to senior government and party officials, the 
decree applies to prosecutors, judges, and those at and above the rank 
of deputy provincial party chief, deputy provincial party chairperson, 
deputy faculty head at public hospitals, and deputy battalion chief. 
Due to a lack of transparency, it was not known how widely the decree 
was enforced.
    While the 2007 trial and conviction of officials involved in the 
PMU--18 scandal were initially hailed as a positive step, the 
prosecution and dismissal of journalists and editors who reported the 
story had a chilling effect on investigative reporting of official 
corruption.
    In April the head of the provincial CPV in Ca Mau Province claimed 
someone had tried to bribe him with 100 million VND (approximately 
$6,060) to receive a government job. Because he refused to identify the 
individual, in September he was fired as party chief.
    In September the MPS began investigating an incident in which a 
senior official in the Management Board of the East--West Avenue and 
Water Environment project in Ho Chi Minh City allegedly received a 
bribe of 90 million yen ($820,000) from officials of a foreign 
consulting firm. In November the Ho Chi Minh City People's Committee 
temporarily suspended Huynh Ngoc Sy from his dual post as deputy 
director of the municipal Transport Service and director of the East--
West Avenue and Water Environment project for his alleged involvement 
in the corruption.
    The law does not provide for public access to government 
information, and the Government did not usually grant access for 
citizens and noncitizens, including foreign media. In accordance with 
the Law on Promulgation of Legal Normative Documents, the Official 
Gazette published most legal documents in its daily edition. The 
Government maintained a Web site in both Vietnamese and English, as did 
the National Assembly. In addition decisions made by the Supreme 
People's Court Council of Judges were accessible through the SPC Web 
site. Party documents such as politburo decrees were not published in 
the Gazette.
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 did not tolerate 
attempts by organizations or individuals to comment publicly on its 
human rights practices, and it used a wide variety of methods to 
suppress domestic criticism of its human rights policies, including 
surveillance, limits on freedom of the press and assembly, interference 
with personal communications, and detention.
    The Government generally prohibited private citizens from 
contacting international human rights organizations, although several 
activists did so. The Government usually did not permit visits by 
international NGO human rights monitors; however, it allowed 
representatives from the press, the UNHCR, foreign governments, and 
international development and relief NGOs to visit the Central 
Highlands. The Government criticized almost all public statements on 
human rights and religious issues by international NGOs and foreign 
governments.
    The Government was willing to discuss human rights problems 
bilaterally with some foreign governments, and several foreign 
governments continued official talks with the Government concerning 
human rights, typically through annual human rights dialogues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on gender, ethnicity, 
religion, or social class; however, enforcement of these prohibitions 
was uneven.

    Women.--The law prohibits using or threatening violence, taking 
advantage of a person who cannot act in self defense, or resorting 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 or sexual harassment. Other rape cases 
were prosecuted to the full extent of the law. No reliable data were 
available on the extent of the problem.
    The law prescribes punishment ranging from warnings to a maximum of 
two years' imprisonment for ``those who cruelly treat persons dependent 
on them.'' The 2007 Law on Domestic Violence Prevention and Control 
went into effect on July 1. It specifies acts constituting domestic 
violence, assigns specific portfolio responsibilities to different 
government agencies and ministries, and stipulates punishments for 
perpetrators of domestic violence; however, NGO and victim advocates 
considered many of the provisions to be weak. While the police and 
legal system generally remained unequipped to deal with cases of 
domestic violence, the Government, with the help of international and 
domestic NGOs, began training police, lawyers, and legal system 
officials in the 2007 law.
    Officials increasingly acknowledged the existence of domestic 
violence as a significant social concern, and this was discussed more 
openly in the media. Domestic violence against women was considered 
common, although there were no firm statistics measuring the extent of 
the problem. Several domestic and international NGOs worked on the 
problem. Hot lines for victims of domestic violence operated by 
domestic NGOs existed in major cities. The Center for Women and 
Development, supported by the Vietnam Women's Union, also operated a 
nationwide hot line, although it was not widely advertised in rural 
areas. While rural areas often lacked the financial resources to 
provide crisis centers and domestic hot lines, the 2007 law established 
``reliable residences'' allowing women to turn to another family while 
local authorities and community leaders attempt to confront the abuser 
and resolve complaints. Government statistics reported that 
approximately half of all divorces were due in part to domestic 
violence. The divorce rate continued to rise, but many women remained 
in abusive marriages rather than confront social and family stigma as 
well as economic uncertainty.
    The Government, with the help of international NGOs, supported 
workshops and seminars aimed at educating women and men about domestic 
violence and also highlighted the issue through public awareness 
campaigns. Domestic NGOs were increasingly engaged in women's issues, 
particularly violence against women and trafficking of women and 
children. A government-supported national center provided services to 
victims of trafficking, including a shelter and vocational training. 
The center was partly supported by foreign foundations and NGOs.
    Prostitution is illegal, but enforcement was uneven. Estimates 
varied widely--the Government reported more than 30,000 prostitutes, 
but some NGOs estimated that there were up to 300,000 in the country, 
including those who engaged in prostitution part--time or seasonally. 
As in past years, some women reportedly were coerced into prostitution, 
often victimized by false promises of lucrative employment; many more 
felt compelled to work as prostitutes because of poverty and a lack of 
other employment opportunities. There were fewer reports that parents 
coerced daughters into prostitution or made extreme financial demands 
that compelled them to engage in prostitution. The Women's Union as 
well as international and domestic NGOs engaged in education and 
rehabilitation programs to combat these abuses.
    While there is no legal discrimination, women continued to face 
societal discrimination. Despite the large body of legislation and 
regulations devoted to the protection of women's rights in marriage and 
in the workplace, as well as labor code provisions that call for 
preferential treatment of women, women did not always receive equal 
treatment.
    The act of sexual harassment is clearly defined; however, its 
prevention is not specified in legal documents. Ethical regulations for 
government and other public servants do not mention the problem, 
although it existed.
    Victims of sexual harassment may contact social associations such 
as the Women's Union to request their involvement. In serious cases 
victims may sue offenders under Article 121 of the penal code, which 
deals with ``humiliating other persons'' and specifies punishments that 
include a warning, noncustodial reform for up to two years, or a prison 
term ranging from three months to two years. However, in reality sexual 
harassment lawsuits were unheard of, and most victims were unwilling to 
denounce the offenders publicly.
    The Women's Union and the National Committee for the Advancement of 
Women (NCFAW) continued to promote women's rights, including political, 
economic, and legal equality and protection from spousal abuse. The 
Women's Union also operated microcredit consumer finance programs and 
other programs to promote the advancement of women. The NCFAW continued 
implementing the Government's national strategy on the advancement of 
women by the end of 2010. Key areas of this strategy focus on placing 
more women in senior ministry positions and in the National Assembly. 
The strategy also focuses on increasing literacy rates, access to 
education, and healthcare.

    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.
    Education is compulsory, free, and universal through the age of 14; 
however, authorities did not always enforce the requirement, especially 
in rural areas, where government and family budgets for education were 
strained and children's contribution as agricultural laborers was 
valued.
    Anecdotal evidence suggested that child abuse occurred, but there 
was no information on the extent of such abuse.
    Child prostitution, particularly of girls but also of boys, existed 
in major cities. Many prostitutes in Ho Chi Minh City were under 18 
years of age. Some minors were forced into prostitution for economic 
reasons.
    According to the Ministry of Labor, Invalids, and Social Affairs 
(MOLISA), there were an estimated 23,000 street children, who were 
vulnerable to abuse and were sometimes abused or harassed by police. 
MOLISA managed two centers to provide support for children in needy 
situations. Youth unions also launched awareness campaigns.

    Trafficking in Persons.--The law prohibits trafficking in persons, 
but trafficking, particularly in women and children for sexual 
exploitation and men for forced labor overseas, remained a significant 
problem. Reliable statistics on the number of citizens who were victims 
of sex related trafficking were not available; however, there was 
evidence that the number was growing. Documentation of known 
trafficking cases as well as the level of case adjudications and 
prosecutions increased, while the Government became more open in 
identifying and prosecuting trafficking cases and public awareness 
rose. As the country's economy continued to grow, international and 
domestic criminal organizations involved in human trafficking sought to 
take advantage of increased exposure to international markets, expanded 
use of the Internet, and a growing gap between rich and poor to exploit 
persons at risk and develop trafficking networks.
    The country was a significant source for trafficking in persons. 
Women were trafficked primarily to Cambodia, Malaysia, China, Taiwan, 
and South Korea for sexual exploitation. Women also were trafficked to 
Hong Kong, Macau, Thailand, Indonesia, the United Kingdom, Eastern 
Europe, and the United States. There were reports that some women going 
to Taiwan, Hong Kong, Macau, South Korea, and China for arranged 
marriages were victims of trafficking. Women and children also were 
trafficked within the country, usually from rural to urban areas. Men 
were trafficked regionally to work in construction, agriculture, 
fishing, and other commercial enterprises.
    There were continued reports of women from Ho Chi Minh City and the 
Mekong Delta forced into prostitution after marrying overseas, 
primarily in other Asian countries. 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 their arrival women were forced into conditions similar 
to indentured servitude; some were forced into prostitution.
    Children were trafficked for the purpose of prostitution, both 
within the country and to foreign destinations. An NGO advocate 
estimated that the average age of trafficked girls was between 15 and 
17. Some reports indicated that the ages of girls trafficked to 
Cambodia typically were lower.
    There were multiple arrests of private citizens and government 
officials for offering payments to birth parents in exchange for 
relinquishing infant children for adoption, creating fraudulent 
documents to conceal the child's identity, and trafficking these 
children to other provinces where they were offered for adoption. In 
addition there were documented cases in which small children and 
infants were kidnapped and sold for adoption to persons in Europe, 
North America, or China. The MPS identified the problem of kidnapping 
and trafficking in children for purposes of adoption as one of 
increasing concern, and these cases were highlighted in the media.
    There were some documented cases of trafficking in adults for 
labor. These included men trafficked to Malaysia and Thailand to 
support construction industry projects and cases of fishermen working 
in Taiwan. Deceitful and fraudulent overseas labor contracts and 
recruiting remained problem,, although the Government began to take 
steps to regulate export labor. MOLISA reported that some workers of 
state-owned labor companies who were recruited and sent abroad suffered 
conditions akin to involuntary servitude or forced labor. MOLISA 
reported incidents within the Malaysian construction industry as well 
as in Thailand (See Section 6.e.).
    Poor women and teenage girls, especially those from rural areas, 
were most at risk for being trafficked. Research by the MPS and the UN 
Children's Fund indicated that trafficking victims could come from any 
part of the country but were concentrated in certain northern and 
southern border provinces, especially the Mekong Delta and 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 
daughters 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, family 
members, and employers.
    Individual opportunists, informal networks, and some organized 
groups lured poor, often rural, women with promises of jobs or marriage 
and forced them to work as prostitutes. Family relatives were often 
involved in trafficking cases. The Government stated that organized 
criminal groups were involved in recruitment, transit, and other 
trafficking related activities.
    The law provides for prison sentences of two to 20 years for each 
offense for persons found guilty of trafficking women, and between 
three years and life in prison for each offense for persons found 
guilty of trafficking children. The Government continued to increase 
efforts to prosecute traffickers. In Tay Ninh Province, police broke up 
four trafficking rings, arrested 11 suspects, and rescued 15 
trafficking victims in a series of raids carried out during the first 
half of the year. At year's end nine of the ll suspects were in 
detention awaiting trial, and two were released due to lack of 
evidence.
    A national steering committee, led by the MPS, coordinated 
government efforts in the identification and prosecution of trafficking 
cases and assisted in prevention and training activities. The Criminal 
Police Department of the MPS, the Ministry of Justice, the Border Guard 
Command, and the Social Evils Department of MOLISA were the main 
government agencies involved in combating trafficking, with significant 
collaboration from the Women's Union. The committee continued to train 
national and local officials to combat trafficking. The Government 
produced a comprehensive training manual on the prevention and 
suppression of human trafficking, drafted with input from international 
NGOs, that provides an overview of human trafficking, describes 
assistance available to victims, and explains international and 
domestic legal documents, laws, and policies on trafficking. Police 
took an increasingly active role in investigating trafficking during 
the year, including continued development of the dedicated 
antitrafficking force. The Government reported no increase in case 
investigations and prosecutions and attributed this to greater public 
awareness and knowledge on the part of the traffickers that the 
Government would arrest and prosecute perpetrators.
    The Government continued to implement its 2004-10 National Program 
of Action on combating trafficking in women and children as well as a 
new export labor law and directives on recruitment and contracting 
transparency. MOLISA issued a government circular describing the 
procedures for receiving and supporting the trafficking victims.
    Mass organizations and NGOs operated programs to educate at-risk 
persons about the potential for trafficking and to reintegrate 
trafficked women and children into society. During the year programs 
continued that were 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. Official 
institutions, including MOLISA and the Department of the Family, and 
mass organizations, such as the Women's Union and the Youth Union, 
continued programs aimed at trafficking prevention, public awareness, 
and victims' protection. Government agencies worked with the 
International Organization for Migration, Asia Foundation, Pacific 
Links Foundation, and other international NGOs to provide temporary 
shelter, medical services, education, credit, counseling, and 
rehabilitation to returned trafficking victims. Security agencies with 
border control responsibility received training in investigative 
techniques to prevent trafficking.
    The Government worked with international NGOs to supplement and 
strengthen law enforcement measures and institutions and cooperated 
with foreign governments to prevent trafficking. It also cooperated 
closely with other countries within the frameworks of Interpol, its 
Asian counterpart, and the Association of Southeast Asian Nations. On 
March 24, the Government signed an antitrafficking memorandum of 
understanding with Thailand, resulting in increased cooperation on 
border security, identification, and prosecution of trafficking cases.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law requires the state to protect 
the rights and encourage the employment of persons with disabilities. 
The provision of services to such persons, although limited, improved 
during the year.
    The Ministry of Transportation continued to implement accessibility 
codes for public transportation facilities and trained transportation 
agency officials and students on use of the codes.
    Construction or major renovation of new government and large public 
buildings must include access for persons with disabilities. The 
Ministry of Construction maintained enforcement units in Hanoi, Ho Chi 
Minh City, Danang, Quang Nam, and Ninh Binh to enforce the barrier-free 
codes.
    The law provides for preferential treatment for firms that recruit 
persons with disabilities and for fines on firms that do not meet 
minimum quotas that reserve 2 to 3 percent of their workforce for 
workers with disabilities; however, the Government enforced these 
provisions unevenly. Firms that have 51 percent of their employees with 
disabilities can qualify for special government subsidized loans.
    The Government respected the political and civil rights of persons 
with disabilities. Under the election law, ballot boxes may be brought 
to the homes of individuals unable to go to a polling station.
    The Government supported the establishment of organizations aiding 
persons with disabilities. Such persons were consulted in the 
development or review of national programs, such as the national 
poverty reduction program, vocational laws, and various educational 
policies. The National Coordination Committee on Disabilities and its 
ministry members 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, inpatient physical therapy. Several 
provinces, government agencies, and universities had specific programs 
for those with disabilities.

    National/Racial/Ethnic Minorities.--Although the Government 
officially prohibits discrimination against ethnic minorities, 
longstanding societal discrimination against ethnic minorities 
persisted. Despite the country's significant economic growth, ethnic 
minority communities benefited little from improved economic 
conditions.
    Some members of ethnic minority groups continued to flee to 
Cambodia and Thailand, reportedly to seek greater economic opportunity 
or shortcuts to immigration to other countries. Government officials 
monitored certain highland minorities closely, particularly several 
ethnic groups in the Central Highlands, because of concern that the 
form of Protestant religion they practiced encouraged ethnic minority 
separatism.
    The Government continued to impose security measures in the Central 
Highlands in response to concerns over possible ethnic minority 
separatist activity. There were reports that ethnic minority 
individuals telephoning the ethnic minority community abroad were a 
special target of police attention. There were a few reports that 
ethnic minorities seeking to enter Cambodia were returned by Vietnamese 
police operating on both sides of the border, sometimes followed by 
police beatings and detentions.
    The Government continued to address the causes of ethnic minority 
discontent through special programs to improve education and health 
facilities and to expand road access and electrification of rural 
communities and villages. The Government allocated land to ethnic 
minorities in the Central Highlands through a special program, but 
there were complaints that implementation of these special programs was 
uneven.
    The Government maintained a program to conduct classes in some 
local ethnic minority languages up to the fifth grade. The Government 
worked with local officials to develop local language curricula, but it 
appeared to implement this program more comprehensively in the Central 
Highlands than in the mountainous northern and northwestern provinces. 
The Government operated 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 and preferential admissions at the 
university level. There were also a few government-subsidized technical 
and vocational schools for ethnic minorities. Nonetheless, there were 
credible cases of discrimination against Christian ethnic minorities, 
although the law provides for universal education for children 
regardless of religion or ethnic group.
    The Government broadcast radio and television programs in ethnic 
minority languages in some areas. The Government also instructed 
majority ethnic Kinh officials to learn the language of the locality in 
which they worked. Provincial governments continued initiatives 
designed to increase employment, reduce the income gap between ethnic 
minorities and ethnic Kinh, and make officials sensitive and receptive 
to ethnic minority culture and traditions.
    The Government granted preferential treatment to domestic and 
foreign companies that invested in highland areas, which are heavily 
populated with ethnic minorities. The Government also maintained 
infrastructure development programs that targeted poor, largely ethnic 
minority areas and established agricultural extension programs for 
remote rural areas.

    Other Societal Abuses and Discrimination.--Some persons formerly 
interned in reeducation camps on the basis of association with the pre 
1975 government continued to report varying levels of official and 
social discrimination as they and their families sought access to 
housing, education, and employment, although the overall incidence of 
such discrimination declined substantially as previously enforced 
prohibitions eased and the percentage of war veterans in the work force 
decreased.
    There was no evidence of official discrimination against persons 
with HIV/AIDS, but societal discrimination against such persons 
existed. There were credible reports that persons with HIV/AIDS lost 
jobs or suffered from discrimination in the workplace or in finding 
housing, although such reports decreased. In a few cases, children of 
persons with HIV/AIDS were barred from schools, despite its being 
against the law. With the assistance of foreign donors, the national 
government and provincial authorities took steps to treat, assist, and 
accommodate persons with HIV/AIDS and decrease societal stigma and 
discrimination, although overall consistency was lacking. Religious 
charities were sometimes permitted to operate in this area.
    A homosexual community existed but was largely underground. There 
was low public awareness of homosexuality and little evidence of 
discrimination based on sexual orientation.
Section 6. Worker Rights
    a. The Right of Association.--Workers may chose whether or not to 
join a union and at which level (local, provincial, or national) they 
wish to participate; however, every union is affiliated with and 
controlled by the nation's only trade union, the Vietnam General 
Confederation of Labor (VGCL). The VGCL, an umbrella organization 
controlled by the CPV, approves and manages a range of subsidiary labor 
unions organized according to location and industry. Workers are not 
free to join or form any union independent of the VGCL.
    According to VGCL statistics, in August total membership was more 
than 6.2 million, or an estimated 39 percent of the country's 
approximately 16 million wage earners. Of the VGCL members, 36.5 
percent worked in the public sector, 33.1 percent in state owned 
enterprises, and 30.4 percent in the private sector. The VGCL claimed 
that its membership represented 95 percent of public-sector workers and 
90 percent of workers in state owned enterprises. Approximately 1.7 
million union members worked in the private sector, including in 
enterprises with foreign investment (more than 700,000 persons).
    There are mandatory union dues for union members of 1 percent of 
salary, and employers must contribute 2 percent of payroll. While these 
dues are intended to support workers and union activities, there was 
little transparency in how they were used. The vast majority of the 
workforce was not unionized and did not pay union dues, as almost 34 
million of the 45.3 million total laborers lived in rural areas and 
engaged in activities such as small scale farming or worked in small 
companies and the informal private sector.
    Union leaders influenced key decisions, such as amending labor 
legislation, developing social safety nets, and setting health, safety, 
and minimum wage standards. However, the VGCL asserted that authorities 
did not always prosecute violations of the law. MOLISA acknowledged 
shortcomings in its labor inspection system, emphasizing that the 
country had an insufficient number of labor inspectors. The VGCL 
stated, and MOLISA acknowledged, that low fines on firms for labor 
violations failed to act as an effective deterrent against law 
violations.
    In the case of four UWFO members convicted in December 2007 under 
Article 258 of the penal code, which prohibits ``abusing democratic 
freedoms to infringe upon the interests of the state and the rights of 
organizations and citizens,'' Doan Huy Chuong was released on May 13 
after serving his sentence; Nguyen Tan Hoanh was also released from 
prison in May. On February 25, the three-year prison sentence of Nguyen 
Thi Tuyet was upheld by a court of appeal. Le Van Sy was reportedly 
released in March 2007; the status of two other UWFO members--Nguyen 
Toan and Le Ba Triet--was unknown at year's end.
    Nguyen Khac Toan, former journalist and founder of the 
International Labor Union of Vietnam (ILUV), remained under strict 
surveillance and house arrest. In August he was prohibited from 
traveling overseas to seek medical treatment. Police briefly detained 
him several times throughout the year and seized his computers and 
other personal equipment. The Government continued to outlaw the ILUV, 
which Toan created in 2006 to protect workers' rights.
    Strikes are illegal if they do not arise from a collective labor 
dispute or if they concern issues that are outside of labor relations. 
Before a legal strike can be held, workers must take their claims 
through a process involving a conciliation council (or a district level 
labor conciliator where no union is present); if no resolution is 
obtained, the claims must be submitted to a provincial arbitration 
council. Unions (or workers' representatives where no union is present) 
have the right either to appeal decisions of provincial arbitration 
councils to provincial people's courts or to go on strike. Individual 
workers may take cases directly to the people's court system, but in 
most cases they may do so only after conciliation has been attempted 
and has failed. The amendment also stipulates that workers on strike 
will not be paid wages while they are not at work.
    The labor code prohibits strikes in 54 occupational sectors and 
businesses that serve the public or that the Government considers 
essential to the national economy and defense. A decree defines these 
enterprises as 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.
    On January 30, the Government issued a decree on ``wildcat'' 
strikes, declaring that individuals participating in strikes declared 
illegal by a people's court and found to have caused damage to their 
employer are liable for damages.
    Most strikes typically did not follow the authorized conciliation 
and arbitration process and thus were considered illegal ``wildcat'' 
strikes. The number of such strikes increased substantially during the 
year, with more than 90 percent occurring in Ho Chi Minh City and 
surrounding provinces. While illegal under the law, the Government 
tolerated these strikes and took no action against the strikers. The 
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, especially with foreign-
owned companies.

    b. The Right to Organize and Bargain Collectively.--By law the 
provincial or metropolitan branch of the VGCL is responsible for 
organizing a union within six months of the establishment of any new 
enterprise, and management is required to cooperate with the union. In 
actuality only 85 percent of state owned enterprises, 60 percent of 
foreign invested enterprises, and 30 percent of private enterprises 
were unionized.
    The labor code requires enterprises to facilitate employee efforts 
to join a union and prohibits antiunion discrimination on the part of 
employers against employees who seek to join a union, but enforcement 
was uneven.
    The law provides VGCL affiliated unions the right to bargain 
collectively on behalf of workers. Collective labor disputes over 
rights must be routed through a conciliation council and, if the 
council cannot resolve the issue, to the chairperson of the district 
level people's committee. Amendments made to the labor law in July 
divide such disputes into those over rights (compliance with the law) 
and those over interests (demands beyond what the law provides), 
setting out different procedures for both. The law stipulates an 
extensive process of mediation and arbitration that must be followed 
before a strike may take place.
    While the law does not allow for independent unions, a 2007 
revision states that the negotiation of disputes can be led and 
organized by ``relevant entities,'' which may be composed of worker 
representatives, when the enterprise in question does not have a union. 
While the law allows for ``union activities,'' especially during 
emergency situations such as a strike, the VGCL is required to 
establish an official VGCL union within six months. There was little 
evidence that leaders or organizations active during this six-month 
window continued to be active or recognized afterwards.
    There are no special laws or exemptions from regular labor laws in 
export processing zones and industrial zones. There was anecdotal 
evidence that the Government enforced the laws more actively in the 
zones than outside them. However, there were credible reports that 
employers in the zones tended to ignore worker rights and to use short-
term contracts to avoid the legal requirement to set up a union.

    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.
    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 their personal use.
    Amid the export labor industry's rapid growth, media articles and 
international human rights groups cautioned the Government against 
building up the industry without also providing robust worker 
protections. They noted the increasing number of workers who were 
charged as much as 165 million VND (approximately $10,000) for the 
opportunity to work abroad, fees that most workers typically could 
recover only after one to two years abroad. Reports of bonded labor, 
related sex trafficking, and the lack of resources available to workers 
in distress, which implied complicity by some labor brokers licensed by 
the Government, subsequently emerged. The Government's 2007 decision to 
regulate labor brokerage fees, in conjunction with the 2006 Export 
Labor Law, which went into effect in July 2007, were designed to 
alleviate this situation and to assist and provide recourse to victims 
of labor-based trafficking. While the justice system continued to be 
deficient in providing significant recourse to labor trafficking 
victims, the Government began to take steps against deceptive labor 
export companies, and in June it revoked the licenses of 16 labor 
export companies for violating the law.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a problem, particularly in rural areas, where 72 
percent of the population resided. The law prohibits most child labor 
but allows exceptions for certain types of work. The law sets the 
minimum age for employment at 18, but enterprises may hire children 
between 15 and 18 if the firm obtains permission from parents and 
MOLISA. In 2006 MOLISA reported that approximately 30 percent of 
children between the ages of six and 17 participated in some economic 
activity, usually on family farms or in family businesses not within 
the scope of the law.
    By law an employer must ensure that workers under 18 do not 
undertake hazardous work or work that would harm their physical or 
mental development. Prohibited occupations are specified in the law. 
The law permits children to register at trade training centers, a form 
of vocational training, from the age of 13. Children may work a maximum 
of seven hours per day and 42 hours per week and must receive special 
health care.
    In rural areas children worked primarily on family farms and in 
other agricultural activities and household responsibilities. In some 
cases they began work as young as age six and were expected to do the 
work of adults by the time they were 15. Especially during harvest and 
planting seasons, some parents did not permit children to attend 
school. In urban areas children worked in family owned small businesses 
or on the street shining shoes or selling articles such as lottery 
tickets and newspapers. Migration from rural to urban settings 
exacerbated the child labor problem, because unauthorized migrants were 
unable to register their households in urban areas. Consequently, their 
children could not attend public schools, and families had less access 
to credit. Officials stated that juveniles in education and nourishment 
centers, which functioned much as reform schools or juvenile detention 
centers, were commonly assigned work for ``educational purposes.''
    MOLISA is responsible for enforcing child labor laws and policies. 
Government officials may 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. 
The Government also continued programs to eliminate persistent child 
labor, with a particular focus on needy families and orphans.

    e. Acceptable Conditions of Work.--The law requires the Government 
to set a minimum wage, which is adjusted for inflation and other 
economic changes. The official monthly minimum wage for unskilled 
laborers at foreign investment joint ventures and foreign and 
international organizations was one million VND (approximately $61) in 
the urban districts of Hanoi and Ho Chi Minh City; 900,000 VND ($55) in 
the suburban districts of Hanoi, Ho Chi Minh City, and several other 
industrial districts and towns; and 800,000 VND ($48) elsewhere in the 
country. 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 monthly wage in these cases can be no lower than 800,000 
VND ($48). The official monthly minimum wage for unskilled labor in the 
state sector was approximately 540,000 VND ($34). For employees working 
for national companies, on farms, or in family households, the official 
minimum wage was approximately 620,000 VND ($38) in urban areas and 
540,000 VND ($34) for rural areas. This amount was inadequate to 
provide a worker and family a decent standard of living, especially 
with high inflation during the year.
    The Government set the workweek for government employees and 
employees of companies in the state sector at 40 hours, and it 
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 law sets normal working hours at eight hours per day, with a 
mandatory 24 hour break each week. Additional hours require overtime 
pay at one and one half times the regular wage, two times the regular 
wage for weekdays off, and three times the regular wage for holidays 
and paid leave days. The law limits compulsory overtime to four hours 
per week and 200 hours per year but provides 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 VGCL and employer representatives. The law also 
prescribes annual leave with full pay for various types of work. It was 
unclear how strictly the Government enforced these provisions.
    By law a female employee who is engaged to be married, pregnant, on 
maternity leave, or caring for a child under one year of age cannot be 
dismissed unless the enterprise closes. Female employees who are at 
least seven months' pregnant or are caring for a child under one year 
of age cannot be compelled to work overtime, at night, or in locations 
distant from their homes. It was not clear how well the law was 
enforced.
    The law requires the Government to promulgate rules and regulations 
that ensure worker safety. MOLISA, in coordination with local people's 
committees and labor unions, is charged with enforcing the regulations, 
but enforcement was inadequate because of low funding and a shortage of 
trained enforcement personnel. On the job injuries due to poor health 
and safety conditions in the workplace were a problem. The greatest 
number of occupational injuries was caused by machinery such as rolling 
mills and presses.
    The law provides that workers may remove themselves from hazardous 
conditions without risking loss of employment; however, it was unclear 
how well this stipulation was enforced. MOLISA stated that there were 
no worker complaints of employers failing to abide by the law.
    According to a July survey by MOLISA on working conditions in 
small- and medium-sized enterprises, up to 80 percent did not meet 
minimal work safety requirements, 8 percent had working conditions 
described as considerably poor, and 90 percent used obsolete machines 
and equipment. Employees typically worked in hazardous working 
environments--31 percent worked in very hot conditions, 24 percent in 
excessively noisy conditions, and 17 percent in places with high levels 
of dust.

                               __________


 
                           EUROPE AND EURASIA

                              ----------                              


                                ALBANIA

    The Republic of Albania is a parliamentary democracy with a 
population of approximately 3.6 million. Legislative authority is 
vested in the unicameral People's Assembly (parliament), which elects 
both the prime minister and the president. The prime minister heads the 
Government, while the presidency is a largely ceremonial position with 
limited executive power. On April 24, the parliament amended the 
constitutional provision that defines the Albanian electoral system, 
changing it from a mixed majoritarian-proportional system to a 
regional-proportional system. On December 29, the parliament passed 
reforms to the electoral code. The reforms establish the legal 
framework for the June 2009 general elections. Civilian authorities 
maintained effective control over the country's security forces.
    While the Government generally respected the human rights of its 
citizens, there were problems in some areas. During the year the 
Government attempted to assert greater control over independent 
institutions such as the judiciary, the Office of the Prosecutor 
General, and the media. The Government interfered in the ongoing 
investigation into the March 15 Gerdec arms depot explosion. Security 
forces abused prisoners and detainees and prison and pretrial detention 
conditions remained poor. Police corruption and impunity continued, as 
did discrimination against women, children, and minorities. While some 
progress was made toward combating human trafficking, it 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 that the Government or its agents committed arbitrary or 
unlawful killings.
    On April 4, Human Rights Watch wrote to the governments of Kosovo 
and Albania requesting that the governments investigate alleged organ 
trafficking of civilians from Kosovo to Albania during the 1999 Kosovo 
conflict. Both governments rejected the allegations. In 2004 
allegations first arose that in 1999 traffickers kidnapped civilians 
from Kosovo and brought them to Albania, where some were killed and 
their organs sold. At that time, the United Nations Mission in Kosovo 
and the International Criminal Tribunal for the Former Yugoslavia 
conducted preliminary investigations into the matter, which resulted in 
no further action. Albanian authorities stated that they cooperated in 
that investigation. In July the Council of Europe (COE) appointed a 
special investigator to report on the allegations. In October Albanian 
prosecutors met with their Serbian counterparts in Tirana to discuss 
the issue. They were unable to agree on joint next steps.
    Societal killings continued during the year, resulting from 
vigilante action (including both generational ``blood feud'' killings 
and revenge killings), criminal gangs, and organized crime.
    Statistics varied on blood feud activity. According to the Interior 
Ministry, there were four blood feud related killings, out of a total 
of 85 murders during the year, a decrease from previous years. 
According to the Ministry of the Interior, this is the lowest number in 
18 years. Police restarted investigations in some older cases, and 
uncovered the perpetrators of 81 murder cases from previous years. 
Nongovernmental organizations (NGOs) cited higher levels of blood feud 
activity and numbers of families effectively imprisoned in their homes 
out of fear of blood feud reprisals. The tradition of blood feuds stems 
from a traditional code of honor that is followed in only a few 
isolated communities. In 2007 the parliament amended the criminal code 
to criminalize blood feuds and make them punishable by a three-year 
sentence. The Court of Serious Crimes tried blood feud cases. The law 
punishes premeditated murder, when committed for revenge or a blood 
feud, with 20 years' or life imprisonment.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On May 16, the Tirana Serious Crimes Court resumed the trial of 
four men accused in the 1995 disappearance of Remzi Hoxha, an ethnic-
Albanian Macedonian businessman. Authorities accused the head of the 
country's General Directorate of Taxes, Arben Sefgjini, who previously 
served as the head of the National Intelligence Service (SHISH), and 
three of his former SHISH colleagues, Budion Mece, Avni Kolladashi, and 
Ilir Kumbaro, of kidnapping and torturing Hoxha and two other Albanian 
citizens. The trial was ongoing at year's end.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such actions; however, 
the police and prison guards sometimes beat and abused suspects and 
detainees. The Albanian Helsinki Committee (AHC) and the Albanian Human 
Rights Group (AHRG) reported that police sometimes used excessive force 
or inhuman treatment. According to the AHRG, police more often 
mistreated suspects at the time of arrest or initial detention. Roma, 
Balkan Egyptians, and homosexuals were particularly vulnerable to 
police abuse.
    During the year three new penitentiary centers became fully 
functional. The General Directorate of Prisons began implementing 
procedures to move elderly and ailing inmates to a special prison in 
Kruje, with a capacity of an estimated 196 persons. The directorate 
opened special section for minors in Kavaje with an initial capacity of 
80 inmates. These measures followed a March 2007 report by the COE's 
Committee for the Prevention of Torture that detailed widespread 
inhuman treatment and physical abuse of prisoners and detainees.
    As in past years, the police sometimes used threats, violence, and 
torture to extract confessions.

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards. The Government allowed local and 
international human rights groups, the media, and others to conduct 
independent monitoring of prison conditions. In March the parliament 
amended existing legislation to appoint an ombudsman responsible for 
implementing the National Mechanism for Torture Prevention.
    Following a surprise inspection of a police pretrial detention 
facility in Vlore on March 3, the AHC harshly criticized the facility 
for poor conditions. The AHC further found that seven detainees had 
been in detention for 15 days, well beyond the 4-hour limit for 
pretrial detention.
    In April the ombudsman inspected the Tirana Commissariat 3 
detention facilities and found that they were holding a minor together 
with adult detainees. Further examination concluded that authorities 
stopped, questioned, and detained the minor without the presence of a 
lawyer, a social worker, or his parents in clear violation of the 
provision of the penal procedure code. The ombudsman found similar 
problems during several inspections within the year in most pretrial 
detention centers in Tirana and in others across the country.
    In June the ombudsman found that the inmates at the prison of 
Burrel suffered substantial psychological and physical abuse. Following 
the escape of two inmates, Burrel prison guards began performing 
regular night-time inspections. The inspections oftentimes involved 
acts of violence, intimidation, and psychological abuse. Authorities 
also denied inmates the right to place free telephone calls to the 
Office of the Ombudsman. In two cases at the Burrel prison, the 
ombudsman concluded that prison guards used violence and other inhumane 
measures to degrade and abuse prisoners.
    The Ministry of Justice operated all prisons and pretrial detention 
facilities. During the year the AHC observed a slight improvement in 
conditions and treatment of prisoners, while problems of overcrowding, 
bad infrastructure, and unsanitary conditions persisted. In the Vichar 
prison, north of Tirana, there were reports that minors were housed 
together with adults.
    The Government permitted international human rights observers and 
domestic human rights monitors to visit both pretrial detention centers 
and prisons.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, there were some 
reports that police occasionally arbitrarily arrested and detained 
persons.

    Role of the Police and Security Apparatus.--Local police units 
reported to the Interior Ministry and were the main force responsible 
for internal security. The military has a special 90-person commando 
unit that operates in an antiterrorist role under the defense minister. 
The law allows the interior minister to request authority over this 
unit during a domestic crisis. The State Intelligence Service is 
responsible for both internal and external intelligence gathering and 
counterintelligence.
    The overall performance of law enforcement remained weak. 
Unprofessional behavior and corruption remained major impediments to 
the development of an effective civilian police force. The Ministry of 
Interior started a new recruiting system with standardized procedures. 
In combination with the new system of police ranks, authorities expect 
this to improve the overall performance of the police.
    However, low salaries and widespread corruption throughout society 
made police corruption difficult to combat. The Government prosecuted 
corrupt officials and managed complaints regarding corrupt police 
through the ombudsman.
    During the year the Ministry of Interior reported that it dealt 
with 68 corruption cases and 276 cases of general misdemeanors and 
abuses by public administration employees. A total of 153 government 
officials were investigated (including police officers), and 72 were 
arrested.
    During the year the ombudsman received 154 general complaints from 
citizens against the police mainly on arrest and detention. At year's 
end 118 complaints had been processed and the ombudsman concluded 26 in 
favor of the complaining citizen. These included 17 complaints of 
physical mistreatment. Only one complaint was found valid, and 
recommendations were issued for disciplinary measure for three police 
officers of Commissariat 1 in Tirana.

    Arrest and Detention.--By law a police officer or prosecutor may 
order a suspect into custody. The constitution requires that 
authorities inform detained persons immediately of the charges against 
them and of their rights, and that police notify the prosecutor 
immediately after they detain a suspect. Police generally followed 
these requirements. Within 48 hours of the arrest or detention, a 
suspect must appear before a judge; however, authorities often did not 
respect this right. The judge has an additional 48 hours to determine 
whether the suspect should remain in detention.
    A court may order detention in particularly serious cases that 
could pose a danger to society. Alternatively, authorities may place a 
suspect under house arrest. A judge may require bail if he believes 
that the accused may not appear for trial.
    Courts must provide legal counsel free of charge for indigent 
defendants; however, defendants generally did not know of this right, 
and police often failed to inform suspects of it. Access to legal 
information remained difficult for citizens; however, for the minority 
with Internet access, individuals could access virtually all laws 
online free of charge, and several NGOs provided free legal advice for 
those in need. During the year the AHC established a clinic to provide 
free legal advice and advocacy services for the indigent; however NGOs 
described these free legal services as inadequate, corrupt, and at 
times lacking in professionalism.
    The law requires completion of pretrial investigations within three 
months for lesser crimes and within 12 months for more serious cases; 
however, a prosecutor may extend this period by three-month increments 
in difficult cases. While the law provides that the maximum length of 
pretrial detention should not exceed two years, lengthy pretrial 
detention often occurred as a result of delayed investigations, defense 
mistakes, or the failure of defense counsel to appear.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, political pressure, intimidation, 
widespread corruption, and limited resources sometimes prevented the 
judiciary from functioning independently and efficiently.
    On December 22, the parliament passed a controversial 
``lustration'' law, which is expected to allow for the dismissal from 
public office of a wide range of officials who participated in 
``political processes'' while serving in higher-level government 
positions under the communist regime, including judges, and 
prosecutors, and law enforcement officers. The vague wording of the law 
gives the Government wide discretion in determining what ``political 
processes'' means, thereby allowing it considerable latitude in 
determining if an official should be dismissed from duty. International 
observers, including the OSCE and COE, sharply criticized the law and 
expressed concern that the law would allow the Government to assert 
undue political control over the judiciary, undermine due process, and 
circumvent constitutional protections provided to judges, members of 
parliament, and prosecutors. Furthermore, the law states that persons 
subject to the law cannot participate in its judicial examination. This 
places the court in direct conflict with the executive, as several 
members of the court were reported to fall within the scope of the law.
    The judicial system is composed of District Courts, the serious 
crimes court, military courts, and appellate courts. There are both a 
High Court and Constitutional Court. The High Court hears appeals from 
the appellate courts which hear cases on appeal from the District 
Courts. 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 president heads the High Council of Justice, which has 
authority to appoint, discipline, and dismiss district and appeals 
court judges. Judges dismissed by the High Council have the right to 
appeal to the High Court. The High Council includes the Justice 
Minister, the head of the High Court, nine judges selected by the 
National Judicial Conference, and three members selected by the 
parliament.
    As in past years, police, prosecutors, and the judiciary continued 
to blame each other for failures that allowed criminals to avoid 
imprisonment. In May 2007 the prosecutor general, minister of interior, 
minister of finance, and the director of SHISH signed a Memorandum of 
Cooperation to form the Joint Investigative Unit to Fight Economic 
Crime and Corruption (JIU) to improve investigation and prosecution of 
public corruption and other financial crimes. The JIU uses a team 
structure to concentrate capacity and foster communication necessary 
for effective investigations and prosecutions. Since its inception in 
2007, the JIU opened 224 cases and has successfully convicted the 
deputy minister of transportation and the general secretary of the 
Ministry of Labor on corruption charges. Other high-profile cases 
include the arrest of several prominent physicians for accepting bribes 
to provide medical services, the arrest of a prosecutor for agreeing to 
bribe a judge for the reduction of a defendant's sentence, and the 
extensive investigation and arrest of 17 defendants in a wide-ranging 
ATM fraud scheme.
    Due to its success, the JIU now receives direct referrals from 
citizens. Furthermore, the JIU was recognized on September 23 by 
Transparency International (TI) in its 2008 Corruption Perception Index 
where its rank jumped 20 places to 105. The TI report specifically 
singled out the JIU stating that an official task force created to 
fight corruption and economic crime has increased the number of 
officials prosecuted and sentenced for corruption, also building 
confidence among the public that corruption can be punished in Albania. 
Due to the success of the JIU, the Government, with funding from the 
U.S. Millennium Challenge Corporation, is expected to create six 
regional JIUs.

    Trial Procedures.--The constitution and law provide for the right 
to a speedy trial; however, limited material resources, lack of space, 
and insufficient and overworked staff prevented the court system from 
adjudicating cases in a timely fashion. Long case backlogs sometimes 
resulted in suspects being detained for longer than legal limits. The 
trial system does not provide for jury trials. Prosecutors and defense 
lawyers present cases to a judge or panel of judges, depending on the 
severity of the charges, and defendants have the right to all evidence 
that prosecutors present to the judges. Defendants, witnesses, and 
others who do not speak Albanian have a right to interpretation 
services. Defendants have the right to appeal decisions within 10 days. 
The law presumes defendants innocent until convicted.
    On February 28, the ombudsman recommended that the Ministry of 
Justice create a reeducation institution for minors under the age of 
14. The law mandates an alternative sentence system for juveniles.
    During the year the Ministry of Justice continued setting up 
special court divisions for minors, establishing them at the courts in 
the main cities of Tirana, Durres, Shkoder, Vlore, Korce, and 
Gjirokaster.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedure and Remedies.--The bailiff's office, which 
is part of the Justice Ministry, ensures that authorities enforce civil 
judgments. Authorities did not enforce many civil judgments, 
particularly property settlement cases, because of strong social or 
political ramifications.

    Property Restitution.--The restitution of property confiscated 
during the communist regime remained a significant problem. The annual 
ombudsman's report noted that during the year, it examined a total of 
223 complaints related to decisions of the courts, many related to 
property issues. However, the ombudsman determined these requests as 
beyond its legal jurisdiction. This gap still exists in spite of the 
ombudsman's repeated requests to the parliament suggesting amendments 
to the existing Criminal Procedure Code and the Civil Procedure Code to 
give it the authority to process these cases.
    Authorities did not enforce many property settlement cases because 
of strong social or political ramifications.
    According to the director of the Agency for the Return and 
Compensation of Property, the country budgeted approximately one 
billion lek in 2007-08 (approximately $10.3 million) for property 
compensation. Associations of former landowners estimate that the total 
cost to compensate owners across the country to be 342 billion lek 
(approximately $3.5 billion). Until the end of the year, no funds were 
disbursed for this purpose.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions. Unlike 
in previous years, the Government respected these prohibitions in 
practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and while the Government 
generally respected these rights, there were reports that the 
Government and businesses exerted indirect pressure on the media. While 
the media were active and largely unrestrained, there were serious 
problems with the use of the media for political purposes. On several 
occasions during the year, senior officials launched serious verbal 
attacks against media outlets, accusing them of ties to the mafia and 
criminal networks. Senior officials accused other journalists who 
exposed alleged wrongdoing by public officials of having personal 
financial interests. In spite of questionable political purposes, the 
investigative role of the media increased. Journalists regularly 
practiced self-censorship.
    In general individuals could criticize the Government publicly or 
privately without reprisal; while there were no publicized attempts by 
the Government to stifle criticism by individuals, there were cases of 
indirect pressure on the media.
    Politicization of the media remained a concern. Outlets were 
divided along political lines and, toward the end of the year, 
politicization increased with the approaching 2009 parliamentary 
elections. Publishers and newspaper owners continued to dictate news 
stories to serve their political and economic interests and sometimes 
blocked stories that ran counter to those interests. There was little 
transparency in the financing of the media.
    At times political pressure, limited professionalism, and lack of 
finances constrained the independent print media. Political parties, 
trade unions, and various groups published their own newspapers or 
magazines independent of government influence. An estimated 200 
publications were available, including daily and weekly newspapers, 
magazines, newsletters, and pamphlets.
    According to official data, the country had 64 private television 
stations and 44 private radio stations, but the actual number was 
reportedly larger. While stations generally operated free of direct 
government influence, most owners believed that the content of their 
broadcasts could influence government action toward their other 
businesses.
    The public Albanian Radio and Television (RTSH) operated a national 
television channel and a national radio station. In spite of a slight 
improvement in the station's performance during the year, RTSH's 
professionalism was put into question by its biased pro-government 
coverage and its lack of any form of investigative journalism. The 
station's performance was also hindered by the lack of modern 
technology. By law the Government provides 50 percent of the station's 
budget via a citizens' tax; however, even with this resource, the 
national broadcaster had limited ability to compete with private 
stations.
    On September 2, the National Council on Radio and Television (NCRT) 
fined television station News 24 800,000 lek (approximately $9,300) and 
twice gave a warning of intent to fine television station Vizion plus 
for broadcasting an advertisement that violated the legal prohibition 
on advertising by political groups outside of legally defined campaign 
periods. The NCRT claimed that a politically oriented NGO, G-99, paid 
for the advertisement that the Government criticized. The television 
stations and G-99 asserted that G-99's status as an NGO meant that the 
election laws did not apply to the advertisement and criticized the 
NCRT fines as an attempt to stifle criticism of the Government. The AHC 
advised the NCRT to annul the fine as unfounded based on the law. News 
24 took the case to court and it was ongoing at year's end. The NCRT is 
also accused of strict control over broadcast licensing, issuing only 
to those entities that favor the Government.
    Various forms of media intimidation continued. Journalists 
continued to complain that publishers and editors censored their work 
either directly or indirectly in response to political and commercial 
pressures. Many journalists complained that their lack of employment 
contracts frequently hindered their ability to report objectively.
    On March 10, Tom Doshi, a member of parliament, physically 
assaulted investigative journalist Besar Likmeta during a prearranged 
meeting. Doshi verbally warned Likmeta, the Albania editor for the 
online publication Balkan Insight, about investigating Doshi's alleged 
corruption, then struck the journalist. Likmeta had written a series of 
articles concerning forged diplomas in the country and subsequently 
informed the Ministry of Education that Doshi had not earned the 
university degree listed on the official parliamentary Web site. A 
witness and fellow member of parliament denied the event occurred and 
later the journalist dropped the charges. Likmeta claimed he dropped 
the charges due to fear of harm to family members.
    On September 3, the Government renewed its demand that Top Channel 
Television be evicted from a state-owned office building. The station 
has a 20-year lease contract with the Government for the premises. Top 
Channel, a leading television station that had been critical of the 
Government, had appealed a 2006 Council of Ministers resolution to 
evict it from the office building located in central Tirana; that case 
was pending at year's end.
    On December 11, the Ministry of the Interior issued an order to the 
Ministry of Economy to break a 20-year lease with the newspaper Tema, a 
paper that had been critical of the ruling party, on ``national 
security'' grounds. The Ministry of Interior claimed that Tema's 
offices were too close to the building that is expected to produce ID 
cards for the 2009 election.
    The law punishes libel with a prison sentence of up to two years 
and a fine. During the year there were no libel suits against 
reporters. Members of the media claimed when the prime minster took 
office in 2005, he made a verbal order that there will be no libel 
suits by government officials against reporters that was, in fact, 
exploited to ignore charges of wrongdoing and corruption by media 
outlets against the Government and its senior officials. A legal 
amendment to make libel a civil offense, submitted to the parliament in 
2006, had not been addressed by year's end.
    On November 7, authorities summoned journalist Lorenc Vangjeli of 
weekly MAPO for questioning regarding published details of ongoing 
investigations into the March 15 incident at Gerdec. Authorities 
accused Vangjeli of releasing information in an ongoing investigation.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by electronic 
mail. Access to the Internet increased during the year, but remained 
limited, particularly outside major urban areas. An estimated less than 
1 percent of the population had regular access to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events; however, 
government control over academic appointments and a culture of 
corruption in the education system undermined academic freedom. 
Officials sometimes required bribes from students in order for them to 
matriculate or to pass examinations.
    The minister of education appoints university officials. University 
rectors claimed that the change from the previous system, where the 
faculty and student body had elected these officials, permitted 
government control over the university's management, including 
interfering with academic appointments.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice. The law 
requires organizers of gatherings in public places to notify police 
three days in advance; there were no reports that police denied such 
gatherings arbitrarily.
    Unlike in previous years, there were no reports that police 
mistreated protesters.

    Freedom of Association.--The constitution and law provide for the 
right of association, and the Government generally respected this 
right; however, the law prohibits the formation of any political party 
or organization that is nontransparent or secretive. There were no 
reports that the Government used this provision against any group 
during the year.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion and the Government generally respected this right.
    The predominant religious communities, Sunni Muslim, Bektashi 
Muslim, Orthodox, and Roman Catholic, enjoyed a greater degree of 
official recognition (for example, national holidays) and social status 
than some other religious groups. The Government does not require 
registration or licensing of religious groups.
    As in previous years, the Government continued to consider requests 
from all religious organizations to make restitution for religious 
properties and objects that the former communist government confiscated 
or damaged. The Government signed an agreement with several religious 
communities to facilitate property restitution and was considering 
these cases at year's end.

    Societal Abuses and Discrimination.--There were reportedly fewer 
than 100 Jews living in the country; there were no known synagogues or 
community centers functioning in the country, and no reports of anti-
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    Internal migrants must transfer their civil registration to their 
new community in order to receive government services, and must prove 
they are legally domiciled either through property ownership, a 
property rental agreement, or utility bills. Many persons cannot 
provide this proof and thus lack access to essential services. Other 
citizens lacked formal registration in the communities in which they 
resided, particularly Roma and Balkan Egyptians.
    During the year work continued on a civil registry, to be followed 
by issuance of national ID cards and biometric passports.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government established a system for providing protection to refugees. 
In practice the Government provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened. Under the law, requests for asylum must be made within 10 
days of arrival on the country's soil, and the Government must make the 
decision about granting asylum within 51 days of the initial request. 
The Government actively cooperates with the UNHCR and the Refugee and 
Migrants Services Albania (RMSA), which provide assistance to refugees.
    The Government provided temporary protection to individuals as 
refugees under the 1951 convention or the 1967 protocol and provided it 
to 63 persons during the year.
    Together with international organizations, the Government, through 
the European Union's Community Assistance for Reconstruction, 
Development, and Stabilization program, prescreened undocumented 
migrants at all border crossing points. Under the program, an NGO and 
government team assisted border police in identifying undocumented 
migrants who were potential victims of trafficking, asylum seekers, or 
economic migrants.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic elections held on the basis of universal suffrage.

    Elections and Political Participation.--The most recent 
parliamentary elections were held in 2005. Election observers from the 
Organization for Security and Cooperation in Europe (OSCE) declared 
that the elections only partly met international standards. Family and 
proxy voting continued to be problems. In July 2007 the parliament 
elected Bamir Topi president in accordance with constitutional 
guidelines.
    Political parties operated without restriction or outside 
interference.
    Overall, women were poorly represented at the national and local 
levels of government, despite commitments by the major political 
parties to increase female representation. There were nine women in the 
140-seat People's Assembly, including the speaker, and two women on the 
Council of Ministers. Many parties introduced internal party quotas for 
women; however, post-election re-rankings diminished the effect of 
these rules.
    Several members of the Greek minority served in both the People's 
Assembly and in the executive branch in ministerial and subministerial 
positions, including as the minister of labor. No other ethnic 
minorities were represented in the parliament or on the Council of 
Ministers.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. Despite several arrests of high-
level local and central government officials, corruption remained a 
major obstacle to meaningful reform and a serious problem.
    On December 13, the Supreme Court appointed a five judge panel to 
review the prosecution's November 27 indictment of Foreign Minister 
Lulzim Basha for irregularities in the country's largest public works 
project, the Durres-Kukes Highway. The parliament lifted Basha's 
immunity in December 2007. The case was pending at year's end.
    On June 16, the parliament lifted the immunity of former minister 
of defense Fatmir Mediu, who resigned his office on March 17 in 
connection with the investigation into an explosion at a 
demilitarization warehouse in Gerdec that resulted in the deaths of 26 
persons. The Office of Prosecutor General was investigating the 
responsibility for the explosion at year's end; some international and 
Albanian media groups alleged the prime minister's office had tried to 
hinder that and other investigations.
    On October 10, investigators from the Ministry of Justice attempted 
to seize the case files of suspected money launderer Damir Fazlic, a 
Bosnian-Serb businessman. On October 11, the Ministry of the Interior 
stated it would sue two of the prosecutors involved in trying to summon 
Fazlic for questioning, claiming that the summons was illegal. Fazlic, 
accused of money laundering in Albania, was summoned by the Prosecutor 
General's office on October 8 for questioning while on a visit to 
Albania; however, he managed to leave the country before he could be 
questioned. Legal experts characterized the Ministry of the Interior's 
threat to sue prosecutors as blatant attempts to intimidate the Office 
of the Prosecutor General into dropping the case against Fazlic, who 
was alleged to have links to high-ranking government officials.
    In May after a request for expedited adjudication, a Tirana court 
concluded the case of six high-level government employees, including 
the deputy minister of public works, general director of roads, and 
director of procurement who were arrested in September 2007 for 
corruption relating to their involvement in a bribery scheme for 
construction tenders. The court sentenced the men to prison and fined 
five officials and two businessmen. Almost all were freed within the 
year as the prison sentences were already exhausted during detention 
while the trial was ongoing.
    Also in May the Tirana court sentenced two senior government 
officials of the Ministry of Labor, Spartak Gjini and Llambi Tarka, to 
two and a half years in prison and in addition the owner of the Siret 
Construction Company, Fiqiri Pali, to one year in prison for an illegal 
construction tender, and for forcing other companies to withdraw from 
the competition for reconstruction of the ministry's building. The 
court also fined the individuals.
    During the year the Government's anticorruption task force against 
organized crime continued to coordinate anticorruption activities. The 
task force is a coordinating body, headed by the prime minister, which 
includes several ministers and heads of independent state-owned 
agencies, such as the public electricity company, and representatives 
of the police and intelligence organizations.
    The law prohibits government ministers and their close family 
members from owning a company that is directly tied to their official 
responsibilities. Since its conception in 2003, the High Inspectorate 
for the Declaration and Audit of Assets (HIDAA) received assets 
declarations from 8,816 officials. Until November there were 363 new 
officials that declared their assets for the first time. HIDAA 
administers the conflict of interest regulations and reported 
inspection of 3,894 asset declarations for the previous year.
    Citizens and noncitizens, including foreign media, have the right 
to obtain information about the activities of government bodies and 
persons who exercise official state functions; however, citizens often 
faced serious problems in obtaining information from public and 
government institutions.
    The law requires public officials to release all information and 
official documents with the exception of classified documents and state 
secrets. Most government ministries and agencies posted public 
information directly on their Web sites. However, businesses and 
citizens complained of a lack of transparency and the failure to 
publish regulations or legislation that should be basic public 
information.
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 and responded to their views.
    The Government cooperated with international organizations, such as 
the UNHCR and the International Organization for Migration, and did not 
restrict their access.
    The human rights ombudsman has the authority to monitor judicial 
proceedings and inspect detention and prison facilities, and to 
initiate cases where a victim is unwilling or unable to come forward. 
Although the ombudsman lacked the power to enforce decisions, he acted 
as a watchdog for human rights violations. The 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.
    In many cases the Government took concrete steps to correct 
problems in response to the findings of the ombudsman. Cooperation has 
improved between the Ministry of Interior and the ombudsman including 
an October conference between both sides, which focused on creating 
more synergies between the two.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, ethnicity, 
disability, language, or social status; however, discrimination against 
women, Balkan Egyptians, Roma, and homosexuals persisted.

    Women.--The criminal code penalizes rape, including spousal rape; 
however, victims rarely reported spousal abuse nor did officials 
prosecute spousal rape in practice. The concept of spousal rape was not 
well established, and often neither authorities nor the public 
considered it a crime. The law imposes penalties for rape and assault 
depending on the age of the victim. For rape of an adult, the prison 
term is three to 10 years; for rape of an adolescent aged 14-18, the 
term is five to 15 years and, for rape of a child under 14, seven to 15 
years.
    Domestic violence against women, including spousal abuse, remained 
a serious problem. In November 2007 the OSCE noted that ``domestic 
violence was under-reported, under-investigated, under-prosecuted, and 
under-sentenced'' and that officials granted immunity to the 
overwhelming majority of perpetrators. The Government has a department 
of equal opportunities at the Ministry of Labor, Social Affairs and 
Equal Opportunity that covers women's issues, including domestic 
violence.
    The Government did not fund specific programs to combat domestic 
violence or assist victims, although non-profit organizations did. 
Women to Women, a Swedish NGO, reported that there were approximately 
six domestic violence hot lines that operated throughout the country. 
The hot lines, serving mainly the northern part of the country received 
approximately 24 calls per month from women reporting some form of 
violence. Shtreheza, an NGO that operated two shelters for battered 
women in Tirana, reported an increase in cases of domestic violence, 
primarily due to increased awareness of services.
    In many communities, particularly those in the northeast, women 
were subject to societal discrimination as a result of traditional 
social norms that considered women to be subordinate to men. Reporting 
on the participation of women in the February 2007 local elections, the 
OSCE's Office for Democratic Institutions and Human Rights election 
observation mission noted that family voting was a problem in 30 
percent of the voting centers visited on election day and that the 
practice raised ``serious concern of the disenfranchisement of some 
women and other family members affected by it.''
    In 2006 the parliament, with the assistance of the Women's Legal 
Rights Project, enacted an expansion of the law against domestic 
violence, adding administrative penalties such as protection orders. 
This law helped raise awareness of the issue and assistance available 
for victims through the legal system and nonprofit organizations. 
Implementation of the law is still in the nascent stages, and has been 
sporadically enforced. The Government reported greater awareness of 
this issue by the population, and 466 complaints were made by citizens 
regarding domestic violence. Implementation of the restriction orders 
started during the year with 340 requests for restrictions and 740 
citizens placed under police protection. The Ministry of Interior 
reported 17 murder cases in families occurred during the year.
    The law prohibits prostitution; however, it remained a problem.
    The law prohibits sexual harassment; however, officials rarely 
enforced the law.
    The law provides equal rights for men and women under family law, 
property law, and in the judicial system. In practice cultural 
traditions often favored men over women.
    Neither the law nor practice excluded women from any occupation; 
however, they were not well represented at the highest levels of their 
fields. The law mandates equal pay for equal work; however, the 
Government and employers did not fully implement this provision.

    Children.--Domestic law codifies the Government's commitment to 
children's rights and welfare; however, in practice the Government 
showed a limited commitment.
    In general, parents must register their children in the same 
community where they registered. However, according to the CHRCA, 
children born to internal migrants frequently had no birth certificates 
or other legal documentation and, as a result, were unable to attend 
school.
    The law provides for nine years of free education and authorizes 
private schools. School attendance is mandatory through the ninth grade 
or until age 16, whichever comes first; however, in practice many 
children left school earlier than the law allowed to work with their 
families, particularly in rural areas. Parents had to purchase 
supplies, books, school materials, and space heaters for some 
classrooms, which was prohibitively expensive for many families. In 
2007 World Vision Albania, which worked primarily in rural areas, 
reported that rural girls faced additional pressure to leave school 
because families did not see a value in high school education for 
girls, and due to security concerns of girls commuting to high school 
in a larger town. Many families also cited the high cost of school 
books and uniforms as a reason for not sending girls to school.
    According to 2007-08 Ministry of Education figures, secondary 
school enrollment (ages 15-18) for both boys and girls was 96.7 percent 
for public schools, while primary school attendance (ages 6-14) was 
99.1 percent.
    As in previous years, child abuse, including sexual abuse, 
occasionally occurred, but victims rarely reported it. Trafficking of 
girls for commercial sexual exploitation was a problem. Children were 
also trafficked to Greece and Kosovo for begging and other forms of 
child labor.
    As in previous years, some children were unable to leave their 
homes, including for school, due to fear of reprisal from blood feuds. 
Figures on the numbers of affected children varied; the latest figures 
of the Ministry of Interior indicate an estimated 20 children 
permanently sequestered, while NGOs cite a figure as high as a few 
hundred. According to the National Reconciliation Committee, nearly 
1,000 children were deprived of schooling due to self-imprisonment. As 
many as 182 children remained endangered by blood feuds involving their 
families; 86 of these were in particularly dangerous circumstances. 
Parents generally homeschooled these children. In September the 
Government began offering home-based schooling to 52 children of the 
self-imprisoned families in the district of Shkoder.
    Child marriage remained a problem in many families in the Romani 
community and typically occurred when children were 13-14.
    Displaced and street children remained a problem, particularly Roma 
children. Street children begged or did petty work; many migrated to 
neighboring countries, particularly during the summer. These children 
were at highest risk of internal trafficking and some became victims.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons and provides penalties for traffickers; however, individuals 
and organized crime syndicates trafficked persons, particularly women 
and children, from and within the country.
    The country was a source country for trafficking of women and 
children for the purposes of commercial sexual exploitation and forced 
labor, although there has been a slow but steady decline in the number 
of persons trafficked each year. Greece is the main country of 
destination for trafficked women. Italy, Macedonia, and Kosovo were 
also destinations, with many victims trafficked onward to Western 
Europe. Traffickers largely used overland routes or falsified documents 
to transport their victims by airplane or ferry. Police and shelter 
representatives continued to report a trend of traffickers moving 
females from villages and smaller towns to larger cities for forced 
prostitution in hotels and private homes. During the year NGOs Terre 
des Hommes (TdH) and Arsis provided assistance to Albanian children who 
are suspected to be victims of trafficking-486 Albanian children were 
assisted in Greece and 327 in Albania.
    During the year the Government increased its investigations and 
prosecutions for human trafficking offenses. By year's end police 
referred 51 new trafficking cases to the General Prosecutor's Office, 
which investigated 65 persons on trafficking charges. Authorities 
referred 43 cases to the Serious Crimes Court; the court prosecuted 62, 
of whom the court convicted 57 of trafficking. The court sentenced four 
offenders to up to two years' imprisonment; 10 to between two and five 
years' imprisonment; 26 to between five and 10 years' imprisonment; and 
25 to over 10 years' imprisonment.
    The Government provided limited services to trafficking victims, 
operating a shelter near Tirana; however, it has not provided any 
assistance to the four non-government shelters. On July 23, the 
Government approved a new National Action Plan through 2008-10 to 
specify government actions to provide services to victims of 
trafficking; however, implementation was slow.
    The Government made improvements to encourage implementation of its 
National Referral Mechanism, which partnered the Government with local 
civil society and international intergovernmental organizations to 
provide a holistic approach to combating trafficking in persons, 
although there continued to be problems. Due to increased police 
training and a proactive approach towards identification, the number of 
victims of trafficking that the Government officially identified was 
slightly higher than the number of victims identified by NGO sources. 
Although some discrepancies still existed, official identification and 
referral improved markedly throughout the year. The establishment of a 
database to manage and track cases contributed to this increase in 
identification.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities; however, employers, 
schools, health care providers, and other state services sometimes 
discriminated against persons with disabilities. The law mandates that 
builders of new public buildings make them accessible for persons with 
disabilities, but the Government only sporadically enforced the law. 
Widespread poverty, unregulated working conditions, and poor medical 
care posed significant problems for many persons with disabilities.
    The ombudsman's inspection of mental health institutions showed 
that the hospitals were understaffed and poorly supplied, with 
unacceptable hygienic and sanitary conditions and a lack of medical 
supplies. The ombudsman, who conducted inspections in Elbasan, Shkoder, 
and Vlore, recommended a major legal, organizational, and budgetary 
review of the country's mental health care system.
    The Government acknowledged that the admission and release of 
patients from mental health institutions was a problem due to the lack 
of sufficient financial resources to provide adequate psychiatric 
evaluations.
    The electoral code provides for wheelchair-accessible voting booths 
and special accommodations for the blind that authorities made 
available to citizens during the February 2007 elections.

    National/Racial/Ethnic Minorities.--There were no reports of police 
violence against members of minority groups, but there were reports of 
societal discrimination. As visible minorities, members of the Romani 
and Balkan Egyptian communities suffered significant societal abuse and 
discrimination.
    The law permits official minority status for national groups and 
separately for ethnolinguistic groups. The Government defined Greeks, 
Macedonians, and Montenegrins as national groups; Greeks constituted 
the largest of these. The law defined Aromanians (Vlachs) and Roma as 
ethnolinguistic minority groups.
    Unlike in previous years, there were no reports of cases of central 
government displacement of Roma.
    The Government did not fund its National Roma Strategy, which 
sought to improve the livelihood of the community. It did not have a 
defined strategy for other minority or ethnolinguistic groups.
    The ethnic Greek minority pursued grievances with the Government 
regarding electoral zones, Greek-language education, property rights, 
and government documents. Minority leaders cited the Government's 
unwillingness to recognize 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; or to include a higher number of ethnic Greeks in 
public administration.
    In September the Government charged Vasil Bollano, the ethnic Greek 
mayor of Himara, with destruction of government property after he 
ordered the removal of two million lek (approximately $23,000) worth of 
new road signs in the Himara district. Bollano objected to the signs 
because authorities posted them in Albanian and English but not Greek. 
The law requires that road signs be posted in Albanian and English 
only. Bollano was awaiting trial at year's end.

    Other Societal Abuses and Discrimination.--The Government has not 
taken any actions to protect the rights of homosexuals. As in previous 
years, NGOs claimed that police targeted the homosexual community for 
abuse.
    The Albanian Human Rights Group reported that during the year, 
police harassed members of the Albanian Gay and Lesbian Association and 
other known homosexuals.
Section 6. Worker Rights
    a. The Right of Association.--Workers had the right to form 
independent unions and exercised this right in practice; however, the 
law prohibits members of the military from joining unions. 
Approximately 20 percent of the workforce belonged to unions.
    The law provides that all workers, except civil servants, uniformed 
military, police, and some court officials, have the right to strike, 
and workers exercised this right in practice. The law prohibits strikes 
that courts judge to be political. During the year, the ombudsman 
received numerous complaints of unlawful dismissals of police officers 
across the country.

    b. The Right to Organize and Bargain Collectively.--Citizens in all 
fields of civil employment have the constitutional right to organize 
and bargain collectively, and the law 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 hard to enforce.
    The law does not prohibit antiunion discrimination; however, there 
were no reports of such discrimination.
    There are no export processing zones.

    Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, individuals 
and organized crime syndicates trafficked women and children for sexual 
exploitation and labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law sets the minimum age of employment at 14 and regulates the amount 
and type of labor that children under the age of 18 may perform. 
Children between the ages of 14 and 16 may work legally in part-time 
jobs during summer vacation; children between the ages of 16 and 18 can 
work throughout the year in certain specified jobs. The law provides 
for the Ministries of Labor, Social Affairs, and Equal Opportunity to 
enforce minimum age requirements through the courts; however, there 
were no reports that enforcement took place. Labor inspectors generally 
only investigate the formal labor sector, whereas most child labor 
occurs in the informal sector. The majority of factories inspected were 
shoe and textile companies. More than 70 percent of the underage 
workers were girls.
    In January a new legal provision of the Penal Code was approved, 
which categorizes ``exploitation of children for labor or forced 
services'' as a penal crime.
    In October the Government and the International Labor Organization, 
represented by the International Labor Office on the Elimination of 
Child Labor signed a memorandum of understanding stipulating their 
cooperation for the upcoming five years.
    In December the second phase of the Project ``Child Labor 
Monitoring System in Albania'' was launched covering two more regions 
of the country, Elbasan and Shkoder. The first phase covered the three 
regions of Tirana, Berat, and Korce and resulted in 315 children that 
were mainstream back into the educational services and pulled away from 
the street, agriculture and factory work, or trafficking and illicit 
activities. The Child Labor Unit at the Ministry of Labor is expected 
to continue to manage this project and its approved Action Plan.
    According to a 2007 CHRCA estimate, 50,000 children under the age 
of 18 worked either full or part time. The CHRCA reported that the 
majority of child laborers worked as street or shop vendors, beggars, 
farmers or shepherds, drug runners, vehicle washers, textile factory 
workers, or shoeshine boys. Some children worked as many as 16 hours a 
day. 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. Children were trafficked for 
commercial sexual exploitation.
    On March 15, a massive explosion killed several illegally employed 
children at a munitions dump in the town of Gerdec. The explosion 
killed a total of 26 persons.
    Child labor is prohibited, and the Government together with several 
NGOs and international donors had some specific programs aimed at 
preventing child labor.

    e. Acceptable Conditions of Work.--The Government raised the 
national minimum wage in July to 17,000 lek (approximately $186) per 
month. However, it was not sufficient to provide a decent standard of 
living for a worker and family. According to INSTAT, the average wage 
for government workers was 31,850 lek ($370) per month. The Albanian 
Institute of Statistics also reported that average monthly wages in the 
public sector increased 9.1 percent from 2006-07.
    The law establishes a 4-hour workweek; however, individual or 
collective agreements typically set the actual workweek. Many persons 
worked six days a week. The law requires payment of overtime and rest 
periods; however, employers did not always observe these provisions in 
practice. The Government had no standards for a minimum number of rest 
periods per week, limits on the maximum number of hours worked per 
week, or the amount of premium pay for overtime and did not prohibit 
excessive compulsory overtime.
    The Ministry of Labor, Social Affairs, and Equal Opportunity is 
responsible for enforcing government occupational health and safety 
standards and regulations; however, the Ministry generally did not 
enforce regulations in practice. Workplace conditions were frequently 
very poor and in some cases dangerous. During the year the media 
reported a number of job-related deaths, particularly in the 
construction and mining industries. The chromium mines of Bulqiza 
continued to be among the most dangerous workplaces in Albania, with at 
least 16 deaths reported to have happened from April 2007 to the end of 
the year. During the year, miners at Bulqiza launched a hunger strike 
in protest of the poor working conditions; the miners suspended the 
strike to give the Government time to come up with proposals on how to 
improve work conditions and to pass a special Miners' Status. The 
Government had not made a proposal by year's end.
    The law does not provide workers the right to remove themselves 
from hazardous situations without jeopardy to their employment.

                               __________

                                ANDORRA

    The Principality of Andorra is a constitutional parliamentary 
democracy with a population of approximately 83,000. Two princes-the 
president of France and the Spanish bishop of Seu d'Urgell-serve with 
joint authority as heads of state, and a delegate represents each in 
the country. Free and fair elections were held in 2005 for the 28 seats 
in the General Council of the Valleys that selects the head of 
government. Civilian authorities generally maintained effective control 
of the security forces.
    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. However, prolonged pretrial 
detention and violence against women and children were reported. The 
Government did not grant refugee status or asylum, but from time to 
time it has assisted refugees ``for humanitarian reasons.'' The law 
does not protect the right of workers to form and join unions or 
unions' right to bargain collectively and to strike.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The country has no 
defense force and depends on Spain and France for external defense. 
Civilian authorities maintained effective control over the national 
police, and the Government has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the police during the year.

    Arrest and Detention.--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, but legislation provides for legal assistance 
beginning 25 hours after arrest. There is a system of bail.
    Lengthy pretrial detention was a problem, and the ombudsman has 
criticized it. Foreigners represented 75 percent of those arrested and 
awaiting trial, and their cases accounted for most of the lengthy 
detention cases, primarily because in most such cases two or even three 
countries may be involved. Pretrial detainees made up approximately 30 
percent of the prison population.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Defendants enjoy a presumption of innocence. Trials are public 
and defendants can request a jury. Defendants have the right to be 
present and consult with an attorney in a timely manner. Defendants and 
attorneys have access to government-held evidence in their cases. An 
attorney is provided at public expense if needed when a defendant faces 
serious criminal charges. Defendants have the right to appeal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The judiciary is 
independent and impartial in civil matters, and plaintiffs can bring 
lawsuits seeking damages for, or cessation of, a human rights 
violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
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.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. An 
estimated 34 percent of citizens had broadband Internet connections.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. Under the constitution, the Roman Catholic Church and the 
state have a special relationship; one of the two constitutionally 
designated princes of the country is bishop in the Spanish town of La 
Seu d'Urgell. The Government pays the salaries of Catholic priests and 
religion teachers, who teach the Roman Catholic religion in the public 
schools as an optional course outside regular school hours.

    Societal Abuses and Discrimination.--There were no reports of anti-
Semitic acts against the approximately 100-person Jewish community.
    For a more detailed discussion see the 2008 International Religious 
Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government was committed to cooperate with the Office of 
the UN High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in providing assistance to refugees, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.
    The constitution and law prohibit forced exile, and the Government 
did not employ it.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has not established a system for providing protection to 
refugees. However, the Government has, from time to time, cooperated 
with UNHCR and other organizations in assisting refugees ``for 
humanitarian reasons.'' The most recent example was in 2006, when the 
Government temporarily accepted five Eritrean immigrants who were part 
of a group saved from a ship adrift in the Mediterranean Sea. In 
practice, the country provided some protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--General Council elections 
in 2005 were considered free and fair. Individuals and parties could 
freely declare their candidacy and stand for election.
    There were eight women in the 28-seat General Council and three 
women in the nine-seat cabinet.
    The country is ethnically and linguistically homogeneous; as a 
consequence, there were no members of minorities in government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, there were no reports of 
government corruption during the year. Public officials are not subject 
to financial disclosure laws. The chief of police is responsible for 
combating corruption.
    The law provides for public access to government information, and 
the Government has permitted access in practice for citizens and non-
citizens, including foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no government restrictions on the ability of domestic 
and international human rights groups to operate in the country, and to 
investigate and publish their findings on human rights cases. 
Government officials were generally responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law declare that all persons are equal before 
the law and prohibit discrimination on grounds of birth, race, gender, 
origin, opinions, or any other personal or social condition; however, 
the law reserves a few rights and privileges exclusively for citizens.

    Women.--The law prohibits rape, including spousal rape; rape is 
punishable by up to 15 years' imprisonment. Authorities enforced the 
law effectively.
    According to the Ministry of Health, Welfare, and Family, there 
were 135 reports of physical abuse against women during the year, a 
small increase from 2007. Authorities reported that approximately 50 
persons were prosecuted for violence against women. There is no 
specific law prohibiting domestic violence, although other laws may be 
applied in such cases. Victims of domestic violence could request help 
from the Andorran International Women's Association (AIWA) and the 
Andorran Women's Association (AWA), but victims rarely filed a 
complaint with the police for fear of reprisal. The two associations 
reported that some women complained about the treatment they received 
from police when they filed a complaint. The Government did not have 
any shelters, but it had a hot line and provided medical and 
psychological services to victims of domestic violence. The Government 
and AIWA placed abused women and their children in the private 
apartments of people who agreed to provide shelter. Caritas, a 
religious NGO, worked closely with the Government and AIWA on social 
issues.
    Prostitution is illegal and was not a problem.
    The law does not prohibit sexual harassment; however, it was not 
considered a problem.
    The law prohibits discrimination against women privately or 
professionally; however, the AWA reported that there were some cases of 
women dismissed from employment due to pregnancy. Observers estimated 
that women earned 35 percent less than men for comparable work; this 
gap appeared to be decreasing slowly. A Sociological Research Center 
report in 2006 indicated that 66 percent of top positions were occupied 
by men.

    Children.--The Government was committed to children's rights and 
welfare.
    Violence against children persisted. According to the Secretariat 
of State for Social Welfare and Family, 109 minors were treated for 
various forms of abuse during the year. In January a law criminalizing 
child pornography was enacted by the Government.

    Trafficking in Persons.--The law prohibits trafficking in persons 
for labor exploitation, and there were no reports that persons were 
trafficked to, from, or within the country. Slavery or forced labor is 
punishable by a maximum of 12 years' imprisonment. There is no law that 
specifically penalizes human trafficking for sexual exploitation, but 
such cases could be prosecuted as trafficking for labor exploitation. 
The Government agencies responsible for dealing with trafficking are 
the Department of the Interior and the Department of Social Welfare.

    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 the 
Government enforced it effectively. Nevertheless, societal 
discrimination against persons with disabilities existed on a small 
scale, in the form of social and cultural barriers. Persons with 
disabilities also faced disadvantages in the labor market. The law 
mandates access to public buildings for persons with disabilities, and 
the Government generally enforced this provision. An association for 
persons with disabilities operates in the principality.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
    The Government's elected ombudsman advised the Government in 2007 
to follow World Health Organization recommendations concerning work and 
residence permits for immigrants. According to the ombudsman, the 
Government's denial of permits to persons with certain diseases, 
including those infected with the HIV virus, could constitute a 
violation of human rights.
Section 6. Worker Rights
    a. The Right of Association.--The constitution recognizes that 
workers have the right to form associations to defend their economic 
and social interests, but the country has no specific laws to protect 
this right. Workers were reluctant to admit to union membership, 
fearing retaliation by their employers, and unions did not make their 
membership numbers public. The law allows unions to conduct their 
activities without interference; however, the Government lacked 
mechanisms to protect this right in practice. The law does not 
specifically provide for the right to strike, and no strikes were 
conducted during the year. However, on May 1 (Labor Day), the 
Government permitted workers to conduct a peaceful demonstration tied 
to their demands that the Government approve a law to protect workers' 
rights.

    b. The Right to Organize and Bargain Collectively.--The law does 
not provide specifically for collective bargaining, and it was not 
practiced.
    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.--The 
law prohibits children under the age of 18 from working, except in 
limited circumstances when school is not in session. The labor 
inspection office in the Ministry of Social Welfare, Public Health, and 
Labor effectively enforced child labor regulations.

    e. Acceptable Conditions of Work.--The national minimum wage of 
7.18 euros (approximately $10.50) per hour and 897.87 euros ($1,250) 
per month did not provide a decent standard of living for a worker and 
family due to the high cost of living. Wages increased at a slower rate 
than housing and lodging costs. The labor inspection office enforced 
the minimum wage effectively.
    The law limits the standard workweek to five eight-hour days. 
Workers may work up to three overtime hours per day or 15 hours per 
week (and 426 hours per year). The law provides for premium pay for 
overtime. There is a required rest period every day.
    The labor inspection service sets occupational health and safety 
standards and effectively enforced them. During the year the labor 
inspection service received more than 200 complaints against companies 
for violating labor regulations, and 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, it does not provide workers the right to 
remove themselves from dangerous work situations without jeopardizing 
their continued employment. The number of accidents at work has been 
rising for a number of years; there were 4,980 accidents reported 
during the year, compared to 4,626 in 2007.

                               __________

                                ARMENIA

    Armenia is a constitutional republic with a population of 
approximately 3.2 million. The constitution provides for an elected 
president and a unicameral legislature (the National Assembly). The 
country has a multiparty political system. On February 19, the country 
held a presidential election that was significantly flawed; problems 
included favorable treatment of the Government's candidate, instances 
of ballot stuffing, vote buying, multiple voting, voter intimidation, 
violence against election commission members and party proxies, and 
misuse of public resources for electoral ends. On March 1-2, 
authorities used force to disperse large crowds of demonstrators 
protesting the conduct and results of the election; clashes between 
protesters and security forces resulted in the deaths of 10 persons. 
Authorities imposed a 20-day state of emergency following the violence. 
On April 9, Serzh Sargsian of the Republican Party of Armenia (RPA) was 
sworn in as president, replacing Robert Kocharian. Upon taking office, 
President Sargsian appointed Tigran Sargsian (no relation) prime 
minister. In the National Assembly, the RPA dominated a four-party 
majority coalition. Civilian authorities generally maintained effective 
control of the security forces, although some members of the security 
forces committed human rights abuses with impunity while under the 
direction of civilian leadership.
    The Government's human rights record deteriorated significantly 
during the year, with authorities and their agents committing numerous 
human rights abuses, particularly in connection with the presidential 
elections and the Government's suppression of demonstrations that 
followed. Authorities denied citizens the right to change their 
government freely and citizens were subject to arrest, detention, and 
imprisonment for their political activities. Authorities used force, at 
times lethal, to disperse political demonstrations. Authorities used 
harassment and intrusive application of bureaucratic measures to 
intimidate and retaliate against government opponents. Police beat 
pretrial detainees and failed to provide due process in some cases. The 
National Security Service (NSS) and the national police force acted 
with impunity for alleged human rights abuses. Authorities engaged in 
arbitrary arrest and detention.
    Prison conditions remained cramped and unhealthy. Authorities 
imposed arbitrary restrictions on freedom of assembly and the press, 
particularly through harsh measures imposed during the state of 
emergency. Journalists continued to practice self-censorship. The 
Government and laws restricted religious freedom. Violence against 
women and spousal abuse, trafficking in persons, and discrimination 
against persons with disabilities and homosexuals was also reported.
                        respect 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 
alleging that the Government and its agents committed arbitrary and 
unlawful killings during the year.
    In the early morning of March 1, police forcefully cleared a public 
square in downtown Yerevan of several hundred encamped protesters who 
were disputing the conduct and results of the February presidential 
election. After this clearance action, approximately 15,000-20,000 
protesters reconvened in another downtown location. Some protesters 
established barricades, which they reportedly were prepared to defend 
with improvised weapons. Security forces responded and, after several 
hours' standoff, cleared many demonstrators from the scene by firing 
into the air and setting off noise grenades. A number of protesters 
remained behind their barricades, however, and police equipped with 
riot gear engaged them directly. The resulting clashes persisted well 
into the predawn hours of March 2.
    The clashes between protesters, looters, and security forces 
resulted in at least 10 deaths, including eight civilians and two 
police officers, and dozens of injured persons. By the end of the year, 
the circumstances of the 10 deaths remained unclear. According to 
official information, all of the deaths happened in skirmishes 
occurring a considerable distance from the scene of the primary 
confrontation. Some of these deaths may have occurred from purposeful 
arbitrary killing, misuse of crowd control equipment such as tear-gas 
cartridge guns or some combination of these factors. There were no 
credible criminal investigations into the actions of any police or 
security officers in connection with any of these deaths.
    Authorities initially denied that security forces shot directly at 
protesters during the March 1 clashes, but video footage later surfaced 
which appeared to dispute this claim. In mid-December the Government 
confirmed that at least one of its snipers was present during the March 
1-2 events, while denying that any of the 10 deaths were attributed to 
the sniper. Government opponents and some human rights activists 
alleged that security forces killed protesters and staged lootings to 
impose the state of emergency late on March 1, giving authorities a 
legal pretext to stop the protests.
    From May to July the president dismissed the chief and deputy chief 
of the national police, the chief of the State Protection Service, and 
the chief of the Police Troops (paramilitary riot police). It was 
unclear if the dismissals were related to their roles in the March 1 
violence; none had been prosecuted to that effect by year's end. On 
June 16, the National Assembly established an ad hoc commission of 
inquiry to investigate the circumstances of March 1-2. Opposition 
parties were invited to participate in this commission, but refused to 
do so, claiming they would have comprised an unacceptable minority 
among mostly governmental participants. On October 23, a presidential 
decree established a new fact-finding panel of experts with balanced 
opposition and governmental representation, and the opposition agreed 
to join this effort. Both the parliamentary commission and the fact-
finding group continued to operate at year's end, and neither had 
issued public findings. A government human rights defender (ombudsman) 
issued a report on April 25, which called into question authorities' 
official version of events. On September 24, Alik Sargsian, the police 
chief appointed on May 29 to replace the police chief in charge at the 
time of the March events, contended that all police had acted 
appropriately during those events.
    On December 17, the prosecutor general's office released 
information containing results of the forensic examination reports of 
the victims. According to this information, five of the victims died of 
gunshots, two persons were killed from the impact of tear gas 
cartridges, one person died from blood loss resulting from an explosion 
of a tear gas cartridge that hit his leg; one person died from injuries 
sustained by a unidentified blow to the head; and one person died from 
a grenade explosion. Official forensic evidence showed that the tear 
gas cartridges had been shot directly at the deceased, an improper use 
of the tear gas projectiles, which are designed to be fired indirectly 
or at the ground.
    In a March 20 interview, the outgoing president, Robert Kocharian, 
stated that some of the deaths were caused because of the use of 
expired ``special means'' (apparently in reference to police 
paramilitary equipment) by security services, implying that some of the 
deaths were accidental. In a report released March 20 on his March 12-
15 special mission to the country, Thomas Hammarberg, the Council of 
Europe's (COE) commissioner for human rights, quoted the prosecutor 
general as saying that fragments of tear gas cartridges had penetrated 
the bodies of some of the victims, suggesting that tear gas ordnance 
was fired at close range. Local observers also expressed doubt in 
response to Kocharian's statement.
    The incoming president, Serzh Sargsian, justified the use of force 
in an interview after the March 1 clashes, stating that only looters 
and those who used arms against security forces were targeted. This 
claim was contradicted by accounts provided by families of three of the 
victims, who claimed they were simply passersby uninvolved in the 
protests.
    In an August 27 interview, the father of Samvel Harutiunian, one of 
the eight civilian victims of March 1 (who died of his wounds on April 
11), claimed that his son was arrested, severely beaten, and died due 
to police brutality. He claimed that he and his wife had seen footage 
of their son on television on March 2 and 3 that suggested he was being 
subject to inhuman treatment during his detention. The victim's family 
also claimed to have discovered traces from either the use of handcuffs 
or ropes on Harutiunian's feet and wrists, which led them to believe 
that he had been arrested and subjected to inhuman treatment before his 
hospitalization.
    The Government reported that during the first 11 months of the 
year, there were 69 deaths registered in the army of which 25 deaths 
were due to illness, 14 due to car accidents, two due to mishandling of 
weapons, one due to ``violation of the rules of regulations of behavior 
between military personnel'' eight due to accidents, two due to mine 
explosions, nine killings (including three possibly by enemy forces), 
and eight suicides. The reports claimed two of the killings and two of 
the suicides were judged as resulting from violence and military-
related hazing.
    In June, families of soldiers who died during military service from 
2005-08 issued a joint statement accusing authorities of systematically 
conducting false investigations into the deaths of their sons and 
destroying or tampering with evidence in order to disguise homicides as 
accidents, suicides, or the results of sniper attacks.
    According to the Helsinki Association, a local human rights non-
governmental organization (NGO), on May 10, the body of Narek Galstian, 
a soldier serving in a military unit near the city of Meghri, was 
discovered in a gasoline tank. According to authorities, Galstian had 
tried to steal gas and fallen in, after which the cover closed and he 
was overcome by fumes. However, according to the family, the cover 
could only be closed from the outside; in addition, they stated they 
had discovered numerous injuries on their son's body, suggesting he was 
severely beaten and perhaps killed. According to various reports, there 
was a serious scuffle in the unit the night of Galstian's death, and 
shouts were heard from the site where the tank was located.
    According to the Helsinki Association, soldier Gegham Sergoyan was 
shot in the head in April 2007 by Lieutenant Henrikh Grigorian, and 
died shortly thereafter. Grigorian reportedly shot Sergoyan after 
seeing him without shoes and his uniform hat. Sergoyan's family alleged 
that authorities obstructed its efforts to be involved in the 
investigation, as provided by law. Sergoyan's family stated that 
authorities were trying to mitigate Grigorian's guilt, positing that 
Grigorian suffered from mental illness or was provoked into shooting 
their son. According to official information, Grigorian was charged 
with murder due to hooliganism, and with abuse of power. At year's end 
Grigorian had not been convicted, and court proceedings were reportedly 
in progress.
    During the year a report surfaced about the death of Eduard 
Mirzoyan. According to authorities, Igor Atanian, the commander of 
Mirzoyan's military unit, ordered his soldiers to carry out engineering 
work within range of Azerbaijani snipers in June 2007, during which 
Mirzoyan died from a sniper's bullet. Atanian was charged and convicted 
for abuse of official authority and sentenced to three years of 
suspended sentence in November 2007. According to Mirzoyan's family, 
however, the medical examiner's report stated that their son died from 
a small-caliber gun shot fired at close-range; they disputed Atanian's 
account and alleged that before he was killed, Mirzoyan had been beaten 
and tortured.
    According to official information, in October 2007 military 
serviceman Victor Aslanian was charged with abuse of power and false 
testimony in the July 2007 death of Hovhannes Meltonian in the Koghb 
military unit in the Tavush region. Officials reported that Meltonian 
had committed suicide by shooting himself in the neck as a result of 
continuous humiliation and physical abuse by Aslanian. Meltonian's 
family disputed the official account, alleging he had been tortured and 
killed, as suggested by numerous bruises that they found on his body. 
Aslanian's case was sent to the court on June 9, and was ongoing at 
year's end.
    In May, local media reported that the August 2007 death of Tigran 
Ohanjanian, a soldier in the Karjaghbuir military unit in Vardenis, was 
officially attributed to accidental electrocution. According to the 
media, Ohanjanian's father believed that his son was beaten and then 
killed by electrocution, or that the killers tried to disguise his 
death by making it appear to be accidental. The father reportedly took 
pictures of the body, which had serious injuries and which the forensic 
expert assigned to the case allegedly refused to record. According to 
the family's lawyer, the military prosecutor's office tried to conceal 
the homicide by presenting it as an accident and allegedly refused to 
consider testimony that the unit commander, Smbat Simonian, had hit 
Ohanjanian before his death. Ohanjanian's father reportedly received 
threats following his efforts to investigate his son's death. According 
to official information, Rustam Asatrian and Karen Tovmasian, two 
fellow servicemen, were charged with negligence related to the death, 
and the case was sent to the court on May 30.
    Ethnic Armenian separatists, with Armenia's support, continued to 
control most of the Nagorno-Karabakh region of Azerbaijan and seven 
surrounding Azerbaijani territories. Landmines placed along the 540 
mile border with Azerbaijan and along the line of contact in the 
Nagorno-Karabakh conflict continued to cause bodily harm. During the 
first 11 months of the year government sources reported that two 
military personnel were killed and 19 military personnel injured by 
landmine explosions. There were no reports of civilian deaths or 
injuries caused by landmines.
    During the year shootings along the militarized line of contact 
separating the sides as a result of the Nagorno-Karabakh conflict again 
resulted in numerous casualties on both sides. According to official 
information, three military personnel and two civilians were killed, 
and 21 military and two civilians were injured, along the line of 
contact. On June 17 and 18, two civilians who were residents of the 
village of Chinari in the Tavush region were shot by snipers while 
working in their fields; they died on June 18.
    In contrast with the previous year, there were no high-profile 
killings by unidentified assailants during the year.
    In August 2007, an unknown person shot and killed the chief 
prosecutor of the Lori region, Albert Ghazarian, while he was on his 
way home. The investigation was suspended on August 25, and the 
identity of the killer was not discovered.
    There were no developments during the year with regard to the April 
2007 attack on Gyumri mayor Vartan Ghukasian and his entourage that 
resulted in the deaths of three bodyguards and a driver. The 
investigation was suspended and the identity of the killer was not 
discovered.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the law prohibits such practices, they were 
regularly employed by members of the security forces. Witnesses 
continued to report that police beat citizens during arrest and 
interrogation while in detention. Human rights nongovernmental 
organizations (NGOs) reported similar allegations; however, most cases 
of police mistreatment continued to go unreported because of fear of 
retribution. Human rights groups continued to report that more than 
half of the individuals transferred to prisons from police detention 
facilities alleged torture, abuse, or intimidation while in custody.
    Drawing on data collected in 2006, the Partnership for Open Society 
Initiative, composed of human rights NGOs, reported in June 2007 that 
the main purpose of torture was to extort confessions. The report 
maintained that courts generally accepted defendants' confessions as 
valid evidence, even when it was questionably obtained. The report also 
noted that approximately 80 percent of criminal defendants recanted 
testimony given during pretrial investigation, claiming they had 
confessed under torture or duress. The criminal justice system 
generally disregarded such claims and conducted little or no 
investigation, according to the report.
    On February 23, masked police officers reportedly used excessive 
force while arresting the former deputy prosecutor, Gagik Jhangirian 
and his brother Vardan Jhangirian. Then-president Robert Kocharian had 
relieved Jhangirian of his duties earlier that day after Jhangirian 
openly supported opposition presidential candidate Levon Ter-
Petrossian. The police stopped their car late in the evening and 
demanded the passengers leave the vehicle. Vardan Jhangirian, who 
suffered from spinal tuberculosis that restricted his movement, 
reportedly was unable to respond quickly to the order, and masked 
police officers severely beat him. One officer began shooting and 
struck Vardan Jhangirian as well as two officers. Gagik Jhangirian was 
also severely beaten. At year's end, Vardan Jhangirian had been 
released for health reasons and was awaiting the conclusion of his 
trial on resisting arrest charges, while Gagik Jhangirian was in 
detention on charges of resisting arrest; by the end of the year, his 
trial was still in process. The Jhangirians identified police officer 
Arman Harutyunian as one of their assailants, who was an alleged victim 
in the resisting arrest case.
    Authorities reportedly subjected protesters to physical abuse and 
inhuman treatment during and after the March 1 events. International 
and local human rights activists stated that security forces beat 
detainees at the time of their arrests, as well as on the way to and 
from police stations or detention facilities. In a March 27 media 
interview, the human rights defender stated that his staff had visited 
90 of the 106 persons officially acknowledged at that time to have been 
arrested, 12 of whom claimed that security forces and law enforcement 
officials had tortured or beat them during or after arrest.
    On March 21, the Armenia-based Hetq online journal published an 
account provided by Grizelda Ghazarian and her daughter Gayaneh, who 
participated in the post-election opposition rallies. They stated that 
on the evening of March 1, they were brutally beaten along with thirty 
other civilians as they walked in the vicinity of the French Embassy. 
At approximately 9pm, as they were walking away from the main gathering 
of protesters located at Myasnikian Square, they saw police dispersing 
a small crowd that had been separated from the main gathering. 
Ghazarian approached one of the officers, who cursed and beat her on 
the back with a rubber truncheon. Hearing gunfire, the small crowd 
sought to return to the main gathering or seek shelter nearby, but some 
were prevented from doing so by police, who chased them down. One 
officer reportedly dragged Ghazarian's daughter away from a building 
and threw her onto the street; other officers joined the scene and 
began kicking the girl. Ghazarian alleged she was severely beaten at 
the same time. After the beating police dragged the daughter, who was 
unable to walk, to her mother's side, and an officer shoved them inside 
a building, reportedly telling them he had just saved their lives.
    On March 18, Radio Liberty published the account of Robert 
Chakhoyan, who was arrested on March 1 and taken to the police 
headquarters of Yerevan's central Kentron district along with other 
opposition supporters. Chakhoyan stated he and the others who were 
arrested with him were beaten inside the police car and at the police 
station. According to Chakhoyan, police were anxious not to leave 
traces of violence on his and other detainees' bodies, putting books on 
their backs, stomachs, and sides before hitting them with truncheons. 
At the station, Chakhoyan stated he witnessed a badly beaten teenage 
boy and others in serious condition. After nearly two hours of 
interrogation, Chakhoyan was transported to the police department in 
Yerevan's Shengavit district. He was kept there without being charged 
and released three days later. Police detained his wife, Naira 
Chakhoyan, as she searched for her husband on March 2. She was taken to 
the Kentron police station, where she stated she saw detainees who had 
been beaten. Naira Chakhoyan alleged that police officers hit and swore 
at her while she was being detained. She was held until midnight and 
then released.
    On August 1, Christophor Elazian, who was arrested on March 3 and 
sentenced to four years in prison for participating in mass disorders, 
released a detailed statement alleging that police and the Special 
Investigative Service (SIS) had systematically tortured and beat him 
between March 4 and March 10 in an effort to extract incriminating 
testimony against him and member of parliament Hakob Hakobian who was 
also detained. Elazian identified some of the persons who beat him, 
among them Andranik Mirzoyan, the head of the SIS; Artur Mehrabian, the 
police chief of Yerevan's Kentron district; Aristakes Yeremian, an SIS 
investigator; and Hakob Gharakhanian, a prosecutor.
    Similar allegations of torture/abuse of detainees arrested around 
the March events were made in the cases of Vahram Mkhitarian, Gagik 
Avdalian, Hmaiak Galstian, Davit Arakelian, Mushegh Saghatelian, and 
many others.
    On December 23, the opposition reported that Grigor Voskerchyan, 
Gevorg Manukyan and Armen Khurshudyan, opposition activists who were in 
prison pending trial in connection with March 1-2 criminal cases, were 
beaten in Nubarashen prison. Diplomatic observers corroborated that two 
of these defendants were slapped across the face several times by 
police. The ombudsman, who had sent his aides to meet with the 
detainees, expressed serious concern at the torture allegations. On 
December 24, President Sargsian ordered the Ministry of Justice to 
conduct an internal investigation into the allegations.
    On April 23 and 25, the opposition-leaning Aravot newspaper 
published reports according to which Suren Khachatrian, the governor of 
Syunik region, had beaten and broken the jaw of a 16-year-old-boy in 
retaliation for an altercation the boy had previously with his son. 
According to the reports, the boy was hospitalized and his family was 
afraid to report the altercation to the local police. The Governor 
refuted the media reports. Prime Minister Tigran Sargsian ordered an 
investigation of the events, which concluded that the reports were 
inaccurate. Independent observers criticized the apparently superficial 
conduct of the investigation, reporting that investigators 
misidentified the boy and conducted an X-ray examination of the wrong 
person.
    During the year there was slight progress in the investigation of 
the death of Levon Gulian, who died under suspicious circumstances in 
police custody in May 2007. On March 12, the SIS, which took over the 
investigation from the prosecutor general's office in December 2007, 
closed the criminal case. The SIS claimed that Gulian, an alleged 
witness to a homicide, fell to his death from a second story police 
station window while trying to escape. Gulian's family and human rights 
activists stated that the investigation was neither credible nor 
transparent. Following an unsuccessful appeal of the SIS decision, on 
April 8, Gulian's family asked a court to reopen the investigation. On 
June 6, the judge ruled in favor of the family and ordered the SIS to 
restart the investigation. The SIS took the case to the Court of 
Appeals, which upheld the lower court's ruling on July 21. The reopened 
investigation was still in progress at year's end.
    During the year there was no progress in investigating the 
allegations of torture and abuse reported by Karen Dodoyan and Ashot 
Ghukasian, witnesses in the August 2007 murder case of former Lori 
prosecutor Albert Ghazarian. There were also no further developments in 
the cases of alleged abuse of a detainee at Nubarashen Prison in 
October 2007 and of Artavazd Simonian in November 2007.
    On April 30, COE Commissioner for Human Rights Hammarberg published 
a report that expressed concern over police mistreatment of persons 
during detention, which appeared to be widespread and aimed at 
extracting confessions. Many of the inmates reported being subjected to 
severe beatings and other mistreatment. Hammarberg cautioned that 
signed confessions should not be the primary form of evidence in 
prosecutions, and that the police should look for other material 
evidence. Hammarberg reported that defense lawyers whom he met stated 
that defendants were often afraid to testify about police mistreatment 
during detention out of fear of retribution.
    The human rights defender stated to diplomatic representatives in 
early October that law enforcement agencies were generally slow to 
respond to his inquiries into alleged torture and inhuman treatment, or 
that they repeatedly responded to his inquires with a stock answer that 
they had investigated the allegations and found them to be baseless.
    Customs within the military, the impunity of military commanders 
and substandard living conditions in the armed forces continued to 
contribute to mistreatment and injuries unrelated to military 
operations. Although no reliable statistics were available on military 
hazing, soldiers reported to human rights NGOs that the practice 
continued. The families of soldiers claimed that corrupt officials 
controlled military units. Other human rights monitors reported that 
soldiers were conscripted into army service despite having serious 
disqualifying health conditions, although according to the Soldiers' 
Mothers NGO, the number of cases recorded for the year were down 70 
percent from 2007, as authorities took measures to curtail these 
practices. Eighty-five military personnel were convicted of hazing and 
related violations during the year. In November 2007, the ombudsman 
appointed a new specialized military adviser on the human rights 
defender's staff to focus attention on military hazing and human rights 
abuses within the military.
    On June 23, the human rights defender established a working group 
to investigate two suicide attempts by a military serviceman, ``H.H.,'' 
on June 9. According to a press release by the human rights defender's 
office, H.H. had witnessed a rape in his unit but could identify 
neither the victim nor the assailant. The father of H.H. claimed that 
his son was subjected to beatings and violence during his service. 
According to the Helsinki Association H.H. himself was the subject of 
sexual abuse by his co-servicemen; however the criminal case was 
dropped after H.H. was released from service.
    On August 15, according to the Helsinki Association, Artur 
Grigorian, a soldier serving in the city of Goris, was taken to a local 
military hospital with numerous serious head injuries, where he 
allegedly was withheld medical assistance for 48 hours. Military 
prosecutors assigned to the case, while Grigorian was still in a coma, 
alleged that Grigorian's injuries were the result of falling out of his 
bunk bed. After transfer to the national military hospital and 
completion of surgery, Grigorian stated that he was beaten by Davit 
Hayrapetian, his platoon commander. Grigorian was seriously handicapped 
as a result of the beatings. Hayrapetian was charged with abuse of 
power. According to Grigorian's family, on December 15 the general 
jurisdiction court of Syunik region, despite an appeal to move the 
hearings to a court closer to Yerevan since Grigorian was unable to 
travel, proceeded with the trial in Grigorian's absence. Hayrapetyan 
was convicted and received the minimum possible sentence of two years' 
imprisonment.
    On September 3, the human rights defender sent a letter to the 
minister of defense regarding the August 4 incident in which Nairi 
Vardanian, a soldier in a unit based in Ashtarak, tried to kill himself 
after Garun Abgarian, the unit commander, publicly beat and humiliated 
him. Military prosecutors had not taken any action against Abgarian as 
of year's end. According to official information, Abgarian's actions 
followed Vardanian leaving his post without permission for over two 
hours; hence both Abgarian's and Vardanian's actions were deemed 
prosecutable under charges of abuse of power and refusal to perform 
one's military duties, respectively. Both men showed remorse for their 
actions, and a deputy minister of defense had appealed to the 
investigative body not to prosecute Abgarian. On September 29, the 
investigative body of the Yerevan garrison elected not to press charges 
against either Abgarian or Vardanian.
    In July 2007, military serviceman Garik Mikayelian tried to kill 
himself following five months of abuse and harrassment by the head of 
his unit, Artak Gasparian. Gasparian was charged with abuse of 
authority. On May 21, the case against Gasparian was sent to the court; 
the verdict was still pending at year's end.
    On July 4, the trial of three soldiers accused of murdering two 
fellow servicemen in 2003, whose sentences were nullified by the Court 
of Cassation in 2006, resumed. The murder case was based on the 
confession of Razmik Sargsian, who stated that he was brutally tortured 
into incriminating himself and his two fellow soldiers. Human rights 
activists criticized the lack of a credible investigation into the 
torture allegations, as well as the repeated trial of the three 
soldiers for the same crime. Prosecutors reported that they made 
inquiries about the torture allegations during their original 
investigation of the murders, concluding that the torture allegations 
were baseless. The three soldiers applied to the European Court of 
Human Rights (ECHR) in 2004 and 2007, and in October 2007 the ECHR 
ruled on partial admissibility of the case, which allows the case to be 
reviewed by the ECHR once all domestic remedies have expired.
    On September 4, the Government declared its intent to set up a 
supervisory body composed of prominent public figures to improve the 
transparency of police conduct and prevent human rights abuses by 
security forces, but by the end of year this new body had not yet been 
formed.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor and threatened inmates' health, although the Civil Society 
Monitoring Board (CSMB), an organization established by government 
initiative involving prison monitoring by NGO personnel, reported 
continuing improvements to renovate old prisons. Despite this, cells 
continued to be overcrowded, inmates lacked basic hygiene supplies, and 
food quality remained poor. The CSMB reported that prisoners were at 
high risk of contracting tuberculosis, and adolescents held in juvenile 
facilities rarely received the schooling required by law. The CSMB 
reported other chronic problems, including denial of visitor 
privileges, medical neglect, and in some cases, physical abuse.
    According to observers, most instances of abuse of prisoners and 
detainees by law enforcement authorities continued to occur in police 
stations, rather than in police detention facilities which are subject 
to human rights monitoring. In its 2006 report, the COE's Committee for 
the Prevention of Torture (CPT) noted allegations that detainees had 
spent up to ten days in various police district divisions in Yerevan 
without mattresses, blankets, and food other than that supplied by 
relatives. In its December 2007 report, the CPT stated it observed an 
improvement in police holding areas that had been refurbished, or were 
in the process of refurbishment in 2006. Mattresses, blankets, and food 
were supplied to detainees at the facilities that CPT observed. The CPT 
reported deficiencies, however, in the Vanadzor, Sisian, and 
Yeghegnadzor police departments, namely small cell space, cold 
temperatures, and lack of hot water.
    From February 27 to March 19, the CSMB visited prisons holding an 
estimated 100 government opponents detained in connection with March 1-
2 events. Drawing on 11 visits and meetings with 60 detainees, the CSMB 
reported that the cells were overcrowded with more prisoners than beds, 
and that authorities denied prisoners contact with their families in 
the first days of detention. Prisoners complained of procedural and 
other violations at the times of their arrests, beatings, torture, and 
delayed access to legal representation.
    The human rights defender received complaints from those being held 
in pretrial detention for criminal cases in connection with the March 1 
events, who maintained that although they had no prior convictions, 
they were being held in cells with persons with multiple convictions, 
in violation of the law.
    On March 19, the authorities renovated the pretrial detention 
center of the Abovian prison for women and juveniles.
    On June 24, the minister of justice, Gevorg Danielian, announced 
the construction of a new prison in Chobankara in the Armavir region; 
the construction was still in progress at year's end.
    Corruption in prisons continued to be a problem, exacerbated by 
very low salaries for prison administration employees, poor and 
sometimes dangerous working conditions, and a lack of staff. In certain 
facilities prisoners bribed officials to obtain single occupancy cells 
and additional comforts. There were also unverified reports that 
authorities charged unofficial fees to family members and friends 
seeking to deliver meals to inmates. In some prisons monitors noted 
that prisoners had difficulty mailing letters and that some prison 
officials did not adequately facilitate family visits.
    Despite jurisdiction for all prisons officially resting with the 
Ministry of Justice, the National Security Service (NSS) continued to 
de facto operate the Yerevan-Kentron prison, located on NSS property; 
the facility was often used to hold pretrial detainees and sentenced 
prisoners whose cases were politically sensitive. There were reports 
that NSS monitored communications of prisoners held in this prison, 
including their meetings with defense lawyers.
    The Government generally permitted local NGOs and international 
rights groups, including the International Committee of the Red Cross 
(ICRC), to monitor conditions in prisons. The ICRC was permitted to 
visit both prisons and pretrial detention centers and did so in 
accordance with its standard modalities. Authorities generally 
permitted CSMB personnel to visit prisons without giving advance 
notice. However, when the CSMB tried to visit prisons on March 4 to 
monitor the welfare of new detainees after the March 1 clashes, it was 
denied access. Only after March 7 was the CSMB able to resume their 
monitoring. A separate Public Monitoring Group continued to monitor 
police detention facilities.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in practice authorities continued to 
arrest and detain criminal suspects without warrants. Authorities 
detained hundreds of individuals during and after the March 1 clashes 
on grounds that the arrests were necessary to prevent civil disorder; 
there were allegations that some of these arrests may have been 
arbitrary and due to individuals' proximity to the site of the violence 
or known political affiliations.

    Role of the Police and Security Apparatus.--The national police are 
responsible for internal security, while the National Security Service 
(NSS) is responsible for national security, intelligence activities, 
and border control; the heads of both organizations are appointed by 
the president. The police and the NSS continued to lack training, 
resources, and established procedures to implement reforms or to 
prevent incidents of abuse. Prisoners reported that police and NSS 
authorities did little to investigate allegations of abuse. As a 
result, impunity remained a serious problem.
    Corruption remained a significant problem in the police force and 
security forces, but reform efforts continued, mainly in the area of 
traffic control and criminal investigations. The police continued to 
implement procedures established in 2006 to curb corruption at roadside 
checkpoints. A system of paying traffic fines to reduce opportunities 
for bribes was established in 2007. Bribe-taking appeared to further 
decrease during the year.
    There was no dedicated mechanism for investigating police abuse. By 
law citizens may sue police in court. The Government reported that 
during the year police did not receive any complaints lodged by 
citizens against police for mistreatment of detainees; they reported as 
well that no policeman was punished for such treatment.
    The prosecutor's office launched six criminal investigations into 
instances of police brutality, of which three were sent to the courts, 
one was dropped and two were ongoing at year's end.
    On September 4, the prosecutor general's office opened a criminal 
case against the deputy director of Vardashen prison and two 
accomplices from the prison administration for abuse of power and using 
violence against an inmate.
    The Government reported it conducted 10 internal investigations 
into misconduct by police officers during the year. All the policemen 
involved were removed from service. The investigations resulted in four 
convictions; the review of the remaining cases was ongoing at year's 
end. The Government reported that based on applications from 
prosecutors during the first half of the year 28 police officers 
received administrative penalties (compared to 23 during the entire 
previous year).
    By law detainees may file complaints prior to trial to address 
alleged abuses committed by authorities during criminal investigations; 
however, detainees must obtain permission from police or the 
prosecutor's office to obtain a forensic medical examination needed to 
substantiate a report of physical abuse. Human rights NGOs continued to 
report that authorities rarely granted such permission, or granted it 
days later when signs of abuse were no longer visible.
    In 2007, authorities transferred primary responsibility for 
criminal investigations from the prosecutor general's office to various 
police agencies in a reform to improve institutional checks and 
balances in the judicial system. In December 2007 the SIS was created, 
ostensibly to become an independent body for investigating official 
crimes. Located in the building of the prosecutor general's office and 
headed by the former head of the prosecutor's investigative department, 
Andranik Mirzoyan, it functioned as the de facto investigative body of 
the prosecutor general's office during the year, reversing the effects 
and purpose of the 2007 reform.
    The SIS opened 25 criminal cases into crimes committed by police 
officers or their participation on various charges including abuse or 
exceeding of official authority, taking bribes, forgery and negligence. 
Of these 25 cases, 10 were sent to trial; the others were either 
dropped or were ongoing investigation by the end of the year.
    On September 23, the NGO Project Harmony joined with the police to 
open a community justice center in Ijevan. The Ijevan center, along 
with centers Gyumri, Alaverdi and Vanadzor, offered counseling to 
first-time juvenile offenders and brought local police into public 
schools for community outreach.
    In March 2007, the national police, in cooperation with the 
Organization for Security and Cooperation in Europe (OSCE), began a 
pilot project on community policing designed to facilitate cooperation 
between police and the public. The project, which was located in 
Yerevan's Arabkir district, continued during the year. On November 27, 
the OSCE office in the country and the police signed a memorandum on 
cooperation and assistance in the areas of democratic policing, 
community policing, police education in accordance with international 
standards, and development of skills in maintaining public order.

    Arrest and Detention.--Prosecutors and police investigators must 
obtain a warrant from a judge to detain an arrested suspect in excess 
of 72 hours. Judges rarely denied police requests for detention 
warrants. Police at times made arrests without a warrant, which is not 
required for the arrest of individuals for up to 72 hours, on the 
pretext that detainees were material witnesses rather than suspects. 
Such practices were used extensively during the year. The law provides 
for a bail system; however, in practice, most courts denied requests 
for bail, ordering instead either continued detention or release of 
defendants on their own recognizance pending trial. In the latter case, 
defendants were sometimes required to surrender their passports and to 
sign statements promising not to leave the country (or in some cases, 
the city limits).
    The law requires police to inform detainees of their right to 
remain silent, to make a telephone call, and to be represented by an 
attorney from the moment of arrest, including by public defenders 
provided in the case of indigent detainees. In practice police did not 
always abide by the law. They often questioned and pressured detainees 
to confess prior to indictment and in the absence of counsel. Police 
sometimes restricted the access of family members and lawyers to 
detainees. During questioning by investigators, lawyers were sometimes 
restricted from posing questions. The practice of detaining individuals 
as ``material witnesses'' before being designated as suspects resulted 
in questioning of individuals without the benefit of counsel.
    According to the political opposition led by former president and 
February presidential candidate Levon Ter-Petrossian, thousands of 
opposition supporters were detained and questioned by police before and 
after the presidential election. The opposition charged that these 
detainees, who included campaign officials, election proxies, and 
ordinary citizens, were detained to deter or prevent political 
activities supporting the campaign or attendance at opposition rallies.
    Hundreds of persons were arrested in Freedom Square and the nearby 
vicinity in the early morning on March 1, when security forces cleared 
the square of demonstrators who had been encamped there for 11 days in 
protest of the election result. According to eyewitness accounts, 
police continued to arrest persons until noon; opposition candidate 
Levon Ter-Petrossian was placed under de facto house arrest by security 
forces during the dispersal operation, and for approximately three 
weeks thereafter.
    In a March 20 report, the COE estimated that more than 400 persons 
were apprehended and asked to provide testimony relating to the events 
of March 1. On March 13, the prosecutor general stated that more than 
95 persons had been arrested for organizing or participating in 
demonstrations and mass disturbances of public order. On March 15, the 
COE's Human Rights Commissioner stated that he had obtained from 
unofficial sources testimony that an additional 50 persons had been 
arrested from March 1-15, mostly outside of Yerevan. According to 
detainees and defense lawyers, most of those arrested had been charged 
with disturbing public order, illegal possession of arms, incitement to 
violent acts, and violently resisting police arrest. Defense lawyers 
reported that a number of arrests preceded the March 1 crackdown on 
protesters in Freedom Square.
    Many of the individuals arrested in connection with the March 1 
events were detained on seemingly artificial or politically motivated 
charges. Authorities justified the arrests as necessary to prevent 
attempts to initiate mass disorders and usurp power by 
extraconstitutional means. In the majority of cases, persons were 
released without charge after several hours' detention.
    Many individuals were detained in a similarly brief fashion in the 
months following the March events, apparently to dissuade opposition 
supporters from participating in daily ``political promenade'' protest 
walks in Yerevan. Several detainees reported that they were subjected 
to mandatory drug and psychological testing before being released. The 
detainees reportedly were often photographed and fingerprinted during 
detention, in violation of police procedure for persons who are not 
being formally charged.
    Local and international human rights groups reported procedural and 
other violations during the arrest and detention of persons on March 1 
and after. During his visits to detention facilities after March 1, the 
human rights defender also received complaints on procedural 
violations, restricted access or no access to legal representation.
    On March 4, the National Assembly stripped the immunity of four 
members of parliament (Sasun Mikaelian, Miasnik Malkhasian, Hakob 
Hakobian and Khachatur Sukiasian) based on charges of incitement to 
mass disorders and attempts to usurp power extraconstitutionally. Three 
of the members were taken into custody, while one, businessman 
Khachatur Sukiasian, eluded authorities. He remained a fugitive at 
years' end, as did Nikol Pashinian, the editor of opposition newspaper 
Haykakhan Zhamanak and a Ter-Petrossian campaign adviser, who was also 
charged with incitement of mass disorders and usurpation of power.
    Some sources reported that authorities carried out house-by-house 
searches without warrants in connection with the March 1 events.
    The COE human rights commissioner noted there had been delays in 
the registration of arrests upon arrival in custody as required by law 
and that access to defense lawyers in some instances was delayed. The 
COE reported that family members or relatives had often not been 
informed of a detainee's whereabouts; the Helsinki Association reported 
that the relatives of detainee Borik Arabachian did not know about his 
whereabouts for almost one week. The COE human rights commissioner also 
noted obtaining information that some of the persons who were 
apprehended had not been promptly informed of the charges against them.
    According to some defense lawyers, authorities pressured some of 
the activists in the first days of their detention to decline the 
services of a defense lawyer, or pressured them to accept the services 
of legal representation procured by the authorities. They also noted 
that the conditions of confinement were inhumane, with ten persons 
sharing a cell envisaged for three persons, and inadequate provision of 
food.
    Lengthy pretrial or preventive detention remained a problem. In 
practice the authorities generally respected the provision of the law 
stipulating that pretrial detention could not extend beyond 12 months. 
However, the law does not set any limits for detention of defendants 
once the case is sent to the court, and there were cases when 
defendants spent three or more years in detention before a verdict was 
reached. Although the law requires a well-reasoned decision to justify 
grounds for an extension of custody, judges routinely prolonged custody 
on seemingly unclear grounds. Authorities reported that during the 
year, pretrial detainees constituted on average approximately 714 
persons out of a prison population of nearly 3,969.
    On July 11, the human rights defender published his observations on 
the Government's practice of placing persons under detention and on 
extending the pretrial detention of persons arrested in connection with 
the March 1 events. The defender found that authorities presented 
insufficient accounts of alleged crimes to the court, that judges did 
not substantiate their conclusions that a detainee posed a flight risk 
as required by law, and that judges failed to consider alternatives to 
detention, such as release on bond.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, despite structural changes consolidated 
in the February 2007 judicial code that have resulted in a somewhat 
greater independence, courts remained regularly subject to political 
pressure from the executive branch, and judicial corruption was a 
serious problem. On September 13, the Government removed the 
controversial chairman of the Court of Cassation, replacing him with a 
more widely respected figure.
    As of January 1, the date when the new judicial code became 
effective, courts were comprised by courts of common jurisdiction of 
first instance, specialized courts of first instance (civil and 
criminal), an administrative court, civil and criminal review courts 
(courts of appeal), the Court of Cassation, and the Constitutional 
Court. The review courts are considered as final courts for examination 
of a case's merits. The Court of Cassation has discretionary review 
authority as a supreme court. The new judicial code assigned new roles 
to the Court of Cassation, including the provision of uniform 
enforcement of the law, its correct interpretation, and support of the 
development of justice. The Constitutional Court rules on the 
constitutionality of legislation, provides its opinion on the 
constitutionality of signed international agreements prior to their 
ratification by the National Assembly, and rules on election-related 
questions.
    Since 2006 citizens have had the right to appeal to the 
Constitutional Court. During the year 238 citizens appealed to the 
Constitutional Court, out of which the court accepted 38 cases for 
further review.
    The Council of Justice recommends candidates for judgeships, who 
are then appointed by the president, who continued to retain a highly 
influential role over judicial branch personnel. The council also 
nominates candidates for the chairmen of courts on all three levels and 
their chambers, and subjects judges to disciplinary proceedings for 
misconduct. The president and the National Assembly each appoint two 
scholars to the council, and the General Assembly of Judges elects the 
remaining nine members by secret ballot.
    In July 2007, the Constitutional Court ruled that sending back 
criminal cases for additional investigation by pretrial bodies was 
unconstitutional and voided the relevant provisions of the criminal 
procedure code. As a result, trials must end either by acquittal or 
guilty verdicts, effectively ending the practice of holding defendants 
indefinitely for ``additional investigation'' when underlying cases are 
weak. Despite the ruling, the National Assembly subsequently enacted a 
law in November 2007 allowing a trial judge to suspend a trial and 
apply to the prosecutor general's office for reconfirmation of the 
indictment protocol to include new aggravated charges. This statutory 
authority effectively undermined the presumption of innocence and 
potentially favored the prosecution in such trials.

    Trial Procedures.--The law generally requires that trials be 
public, but it permits exceptions, including when a trial's secrecy is 
in the interest of ``morals,'' national security, or for the 
``protection of the private lives of the participants.'' Juries are not 
used. A single judge issues verdicts in courts of first instance 
(except for cases on crimes punishable by life imprisonment), and 
panels of judges preside in the higher courts. Defendants generally 
have the right, and are generally required, to be present at their 
trials. They have the right to counsel of their own choosing, and the 
Government is required to provide them with defense counsel upon 
request; however, this obligation was frequently not honored in regions 
outside of Yerevan, where there often were not enough defense lawyers. 
Defendants also commonly refused free counsel due to the poor quality 
of the public defenders or the perception that public defenders 
colluded with prosecutors.
    Under the law, defendants may confront witnesses and present 
evidence, and they and their attorneys may examine the Government's 
case in advance of the trial. In practice, however, defendants and 
their attorneys had very little ability to challenge government 
witnesses, particularly police officers. Under the law, police officers 
are prohibited from testifying at trial in their capacity as a police 
officer, unless they are testifying as a witness or victim in the case. 
Thus, official police reports detailing the evidence found at a crime 
scene or the confession of a defendant were routinely received as 
evidence without any in-court testimony from police. Defense lawyers 
had almost no capacity to challenge the findings of these official 
reports, which were generally considered by courts to be unimpeachable.
    Defendants, prosecutors and the injured party have the right to 
appeal court rulings. Judges generally granted defendants' requests for 
additional time to prepare cases. The law provides for the presumption 
of innocence; in practice, however, this right was frequently violated.
    Court statistics released in 2007 indicated that less than 1 
percent of court cases resulted in acquittals. However, these 
statistics did not reflect the many cases that prosecutors dropped, 
which in effect resembled an acquittal, or cases that were closed due 
to defendants' medical condition.
    There were widespread reports that prosecutors and police used 
confessions that were obtained through methods that some NGOs 
characterized as torture and inhuman treatment. Defense lawyers may 
present evidence of torture to overturn improperly obtained 
confessions; however, defendants, their attorneys, and NGOs often 
stated that judges and prosecutors refused to admit such evidence into 
court proceedings, even when the perpetrator could be identified.
    On March 1, authorities opened a single criminal case against 
persons whom they charged had resorted to violence against 
representatives of state authorities at the clashes in Freedom Square; 
who engaged in extraconstitutional actions aimed at the forcible 
seizure of power; and who organized or directed participation in riots 
and armed resistance to representatives of the authorities through 
violence, beatings, arson, destruction and damage of property with 
arms, explosive substances and mechanisms on March 1-2. As the 
investigation of this case proceeded, individual cases were split off 
and prosecuted separately.
    According to defense lawyers involved in the March 1 cases, law 
enforcement bodies failed to state the specific actions that supposedly 
triggered the specific charges against defendants, or they arbitrarily 
interpreted certain acts by the defendants to make them fit the 
charges.
    Following a January 27 opposition rally in Talin, Aragatsotsn 
region, authorities opened a criminal investigation of three opposition 
supporters, Zhora Sapeyan, Mkrtich Sapeyan and Hayk Gevorgian, for 
allegedly assaulting Sargis Karapetian at the rally after Karapetian 
began shouting against opposition candidate Levon Ter-Petrossian. The 
investigation initially involved charges of simple battery, a crime 
that is not punishable by incarceration. According to Hovik Arsenian, 
lawyer for the three defendants, Karapetian at first described the 
assault to police as simple battery. Following a public statement by 
then-president Kocharian that all ``hooligans'' must be punished, 
Karapetian told police in a second interview that the defendants had 
used obscene language, which raised the crime from battery to 
hooliganism, and police detained the three individuals. At their trial, 
both the judge and investigators denied requests by the defendants' 
lawyer to interview other witnesses. On April 15, the court sentenced 
the three to prison terms of one-and-a-half to two-and-a-half years for 
group hooliganism.
    On February 25, Petros Makeyan, head of the Democratic Motherland 
Party, Ashot Zakarian, head of the Shirak regional branch of the 
Yerkrapah Union, a prominent Nagorno-Karabakh war veterans association, 
and Shota Saghatelian, a member of the opposition Republic Party, were 
arrested and charged with hindering the process of the presidential 
election on February 19 when they had registered as election proxies 
for opposition candidate Levon Ter-Petrossian. During court hearings, 
at least six out of the ten witnesses in the case retracted testimony 
given during the pretrial investigation which, they claimed, was 
extracted under pressure. Two other witnesses never appeared at the 
hearings. Despite this, on June 13, Zakarian and Makeyan were sentenced 
to two-and-a-half and three years in prison, respectively. Saghatelian 
received a suspended sentence of two and a half years.
    On February 19, Hovhannes Harutyunyan, member of the opposition 
Republic Party, was arrested and charged with illegal possession of 
firearms. The firearms, however, were legally registered and he had 
permission to carry them. He was then convicted on March 28 to one-and-
a-half years in prison for possession of 41 bullets that allegedly were 
not designed for the firearm that he legally owned. Husik Baghdasarian, 
another member of the Republic Party, was arrested on February 26, and 
on March 31 was convicted to three years in prison for illegal 
possession of 16 bullets.
    During the trial of former deputy prosecutor general Gagik 
Jhangirian and his brother for felony assault against police officials, 
which many observers considered to be politically motivated by 
Jhangirian's expressed support for opposition candidate Ter-Petrossian, 
some shortcomings were noted in the testimony provided by police. In 
response to the defense's question as to who had given the order to 
stop the defendant's car, police claimed that they did not know who 
gave the initial order or any of the names of their commanding 
officers, and they refused to state the rank of their regular 
commanding officer.
    According to the Helsinki Association, sentences diverged greatly 
for different defendants charged under the same articles of the 
criminal code and under the same mitigating circumstances. According to 
local legal and human rights observers, the courts did not ensure equal 
rights for the defense and the prosecution. They cited as evidence the 
courts' continued refusals of defense motions, illicit editing of 
proceedings records in the criminal court, hindering the activities of 
journalists who were covering the trials, and general favor toward the 
prosecution. Diplomatic observers witnessed numerous cases in which 
convictions were rendered on the basis of highly questionable police 
evidence and testimony which was persuasively disavowed by the reputed 
witnesses in open court.
    According to local observers, the majority of March 1-related 
defendants charged for resisting law enforcement and using violence 
were pressured to plead guilty by the prosecution. When such guilty 
pleas were entered, the courts regularly held ``expedited hearings'' 
which used template wording in the indictments, generally did not 
entail examination of evidence and resulted in either suspended 
sentences or fines. Those defendants who did not plead guilty nor agree 
to expedited hearings-a judicial provision somewhat similar to plea 
bargaining-were more likely to receive actual prison time.
    In June, the Parliamentary Assembly of the Council of Europe (PACE) 
passed a resolution on the country, criticizing verdicts which were 
based on a single police officer's testimony without corroborating 
evidence. In the majority of these trials, the sole witnesses or 
alleged victims were police officers, whose testimony was often 
inconsistent. In some cases the same police officers were involved as 
witnesses in several cases. Observers also singled out cases of 
intimidation and pressure against witnesses who were not employees of 
the police.
    While addressing the conduct of trials of March 1 cases, Ruben 
Sahakian, the chairman of the Chamber of Advocates, stated on September 
25 that many prosecutors, investigators, and judges involved in these 
cases were acting in potential violation of the criminal code.

    Political Prisoners and Detainees.--Of the hundreds of persons 
detained around the time of the March 1-2 political violence, 
approximately 150 were held for a significant period of time, and over 
100 were charged with a crime. Most or all of these arrests appeared 
politically influenced to varying degrees. Some were charged under 
broadly defined criminal charges of ``usurpation of state authority'' 
or ``mass disorders.'' Others were charged with selectively enforced 
weapons possession charges or with resisting arrest. Authorities denied 
the presence of political prisoners in the country and maintained that 
the political opposition planned the postelection violence in an 
attempt to seize power extraconstitutionally.
    No specific information from government authorities was available 
on how many individuals remained in detention at year's end-whether 
already convicted, awaiting trial, or in ongoing trials-in connection 
with the events of March 1-2. Most of these detainees were supporters 
or members of the political opposition.
    According to the political opposition, as of year's end there were 
approximately 59 persons in custody whom the opposition deemed 
``political prisoners,'' including 36 persons detained in connection 
with the March 1 events and the remainder either held in connection 
with the presidential elections or serving sentences handed down in 
previous years.
    In April, PACE passed a resolution that criticized the arrest and 
continuing detention of opposition supporters on seemingly artificial 
and politically motivated charges.'' The PACE resolution stated that, 
``in the absence of adequate judicial control, the arrests and 
continuing detention of persons on seemingly artificial charges after 
contesting the fairness of the presidential elections or their 
participation in the protests after the elections could only point to 
the political motivation of such acts.'' In a second resolution in 
June, PACE criticized verdicts ``based solely on a single police 
testimony without corroborating evidence,'' and called for the release 
of all persons who did not personally commit any violent acts or 
serious offenses.
    According to official information, as of December 17, 90 cases 
against 111 persons had gone to court in connection with the March 1-2 
events. Verdicts in 87 cases against 101 persons were in place, leaving 
in progress three cases against ten persons. All 10 persons whose cases 
were in progress, remained in custody. Of the 101 persons already 
tried, 38 persons received suspended sentences, five were fined, 52 
were given prison sentences from six months to nine years, five were 
acquitted and one case was dropped due to an amicable settlement with 
the defendant. At year's end charges against three more persons (Hamlet 
Hovhannisian, Samvel Abovian and Gnel Tovmasian) who undertook not to 
leave the country were in place, and five more persons (Nikol 
Pashinian, Khachatur Sukiasian, Virab Manoukian, Hamlet Hovhannisian 
(different from above), and Sevak Stepanian) were wanted fugitives.
    On September 5, approximately six months after their arrests, the 
SIS sent to court the combined criminal case against seven prominent 
opposition members whom authorities accused of masterminding the March 
1-2 unrest. The case included Alexander Arzumanian, a former foreign 
minister who served as Ter-Petrossian's campaign manager, member of 
parliament Hakob Hakobian, an opposition demonstrator Shant 
Harutyunian, and opposition members Grigor Voskerchian and Suren 
Sirunian, who were charged with mass disorders leading to deaths and 
usurpation of state authority. In addition to the charges of mass 
disorders leading to deaths and usurpation of state authority, the 
charges against the remaining two defendants, members of parliament 
Myasnik Malkhasian and Sasun Mikaelian, included being an accomplice to 
violent resistance against representatives of the state for Malkhasian, 
and possession of illegal weapons and ammunition for Mikaelian. Five 
more opposition activists, including Nikol Pashinian, editor of a 
leading opposition daily, and MP Khachatur Sukiasian, a prominent 
businessman, were wanted under similar charges. The ``trial of the 
seven'' -comprising the most prominent defendants- began on December 19 
and was ongoing at year's end. Charges of illegal money laundering 
against former foreign minister Alexander Arzumanian (one of the seven 
defendants), for which he spent four months in prison in 2007, were 
still pending at year's end.
    The political opposition claimed that there were also a number of 
opposition supporters arrested for political motives during the year on 
charges unrelated to the March 1-2 violence. The opposition claimed 
these persons were prosecuted under trumped-up charges of illegal 
possession of weapons, participation in mass disorders; hooliganism; 
abuse and exceeding of official duties; and revealing state secrets. 
The political opposition and human rights activists also considered as 
political prisoners those members of the opposition who were arrested 
during the election period for alleged election violations. The 
opposition maintained that these persons were arrested for attempting 
to prevent fraud by government supporters.
    On February 22, while the result and outcome of the presidential 
election were in dispute, Gagik Jhangirian, then a deputy prosecutor 
general, publicly stated his support for opposition candidate Levon 
Ter-Petrossian. On February 23, Jhangirian was relieved of his duties 
by then-president Kocharian, and he and his brother were stopped in 
their vehicle and arrested later that night. Some observers and 
opposition supporters contended that the arrests were politically 
motivated in retaliation for Jhangirian's support of Ter-Petrossian. 
Jhangirian was initially charged with treason, illegal weapons 
possession and felony assault against police officials. The first two 
charges were eventually dropped. The trial on the remaining charge was 
ongoing at year's end.
    On March 21, police arrested Anush Ghavalian, a waitress at a 
restaurant owned by an opposition supporter and parliamentarian 
Khachatur Sukasian, on tax evasion charges. According to Ghavalian, her 
relatives, and her lawyer, authorities were using the charges to try to 
extract evidence from Ghavalian that would help them prosecute the 
director of the restaurant, Gevorg Safarian. Safarian was detained in 
October 2007 in a wide-ranging tax police action against the businesses 
belonging to the Sukiasian family, immediately after Khachatur 
Sukiasian publicly supported Ter-Petrossian's presidential bid. On 
August 15, another waitress, Karine Mnatsakanian, was arrested on 
similar grounds. On November 6, the Yerevan criminal court ordered 
Safarian and Ghavalian released on bail, on grounds of deteriorating 
health. Safarian's bail was 3.5 million drams (approximately $11,475) 
and Ghavalian's was 500,000 drams ($1,640); Mnatsakanian was convicted 
as an accomplice to four months of imprisonment and was released from 
prison on December 15, having served her full sentence.
    On December 10, after serving a full two-year prison sentence, 
Vardan Malkhasian was released from prison, six months following the 
June 9 release of Zhirayr Sefilian. Both were leaders of a small hard-
line opposition group called the Alliance of Armenian Volunteers who 
were arrested shortly after the group's establishment on charges of 
``public calls for the overthrow of the constitutional order by force'' 
and illegal possession of arms.
    Arman Babajanian, the editor of the opposition newspaper Yerevan 
Zhamanak, who was arrested in June 2006 and charged with document 
forgery and evasion of military service, remained in prison. On July 
18, the authorities rejected his petition for release on parole.

    Civil Judicial Procedures and Remedies.--First instance courts of 
common jurisdiction try both minor civil claims and petty criminal 
cases. Other civil claims (those exceeding 5 million drams 
(approximately $16,400), and crimes where the maximum penalty exceeds 
more than five years in prison, are adjudicated by specialized civil 
and criminal courts, respectively. Citizens had access to courts to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation; however, the courts were widely perceived as corrupt, and 
potential litigants in civil cases often evaluated the advisability of 
bringing suit on the basis of whether they or their opponents had 
greater resources with which to influence judges. Citizens also had 
access to the human rights defender's office as well as to the 
Constitutional Court, in the latter case to challenge the 
unconstitutionality of legislation.
    There was no progress during the year in the cases of Yerevan 
residents whose property was razed on eminent domain grounds, despite 
the Constitutional Court's ruling in 2006 that the 2002 government 
decision authorizing such demolitions violated the constitution. In 
June 2007, the European Court of Human Rights (ECHR) initiated a 
settlement in one such case, Chghlian vs. Armenia, when the authorities 
agreed to pay 150,000 euros (approximately $210,000) compensation in 
exchange for the claimant dropping the ECHR complaint.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution prohibits unauthorized searches and 
provides for the right to privacy and confidentiality of 
communications; however, the Government violated these rights in 
practice.
    By law, judges may authorize authorities to wiretap a telephone or 
intercept correspondence only after being presented with compelling 
evidence; during the year judges arbitrarily granted permission.
    According to the political opposition and local human rights 
observers, police conducted wide-scale searches in the homes of 
opposition supporters, election proxies and campaign staff both before 
and after the February 19 presidential election. These searches were 
reportedly carried out with procedural violations, intimidation, and 
threats.
    On July 1, opposition presidential candidate Levon Ter-Petrossian 
released a copy of a directive from the SIS dated March 5 that was 
addressed to the prosecutor of Vayots Dzor region. SIS chief Andranik 
Mirzoyan publicly confirmed the authenticity of the document and stated 
that similar directives were sent to regional prosecutors in 
Gegharkunik and Aragatsotn, the police, and the NSS. In the directive, 
Mirzoyan ordered the regional prosecutor of Vayots Dzor to identify and 
question participants of Ter-Petrossian's rallies, as well as local 
Ter-Petrossian campaign managers. Subjects of interest to the SIS 
included any conversations at political rallies about foreign 
assistance, activists' perceptions about instability being advantageous 
to foreign agencies or states, and any talk of eliminating Russia's 
influence in the country. The directive also instructed police to 
interrogate these individuals about their whereabouts between February 
20 and March 2; gather personal information on them; conduct criminal 
background checks; and collect reports from their neighbors and local 
authorities about them and their family members. The directive also 
instructed recipients to retrieve telephone numbers of local Ter-
Petrossian campaign officials and obtain court permission to wiretap 
them; to obtain information on the property owned by rally participants 
and campaign chiefs; to get copies of their passports; to find out the 
names of the drivers of the minibuses and taxis who brought persons 
from Vayots Dzor to Yerevan to participate in opposition rallies; and 
to find out who accompanied their passengers, who paid their fares, and 
what they stated about the rallies.
    Local human rights organizations called the March 5 directive 
unconstitutional and politically motivated persecution of government 
opponents. On July 11, the human rights defender called it illegal, 
stating that the SIS does not have the right to give an investigative 
order to a prosecutor and that the police work that resulted from such 
and order would be illegal.
    According to Artak Zeynalian, a board member of the opposition 
Republic Party, on July 24, persons presenting themselves as police 
employees called the cell phones of Ter-Petrossian supporters, various 
opposition party leaders, and media representatives to verify that the 
numbers belonged to them. Zeynalian filed a complaint with the police 
to find and punish the persons behind the calls; police did not respond 
to the complaint. Zeynalyan filed a subsequent complaint with the court 
to order the police to comply; however, his appeal was rejected.
    On September 2, Levon Ter-Petrossian released to journalists a copy 
of a court ruling that allowed the NSS to wiretap telephone 
conversations of Alexander Arzumanian, Ter-Petrossian's campaign 
manager, and place him under around-the-clock surveillance for a period 
of two months. Observers criticized the court order as politically-
influenced and intrusive on Aruzmanian's right to privacy, as well as 
an unacceptable interference with the election activities of a 
presidential candidate. Beginning on September 12, the Dashnak-
supported Yerik Media aired, and progovernmental newspapers Hayots 
Ashkhar and Golos Armenii began publishing, extracts of the wiretapped 
conversations between Arzumanian and other persons. Since reportedly 
only Arzumanian's lawyers, the SIS, and the prosecutor general's Office 
had access to the case materials, it was widely believed that sources 
within the Government gave the transcripts to the newspapers. The 
wiretap transcripts portrayed conversations between Arzumanian and his 
political allies about events, political tactics, and other political 
figures as well as potentially compromising conversations related to 
his personal life.
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 did 
not respect these rights in practice. There continued to be incidents 
of violence, intimidation, and self-censorship in the press throughout 
the year. There was also progovernment and antiopposition media bias in 
the run-up to the February 19 presidential election. Following violent 
clashes between protesters and police on March 1, the Government 
imposed censorship and suspended freedom of speech and press during a 
state of emergency that lasted until March 21. The media, and 
television in particular, continued to lack political diversity. A new 
amendment to the Law on Television and Radio imposed a two-year 
moratorium on the issuance of new television broadcasting licenses, 
further reducing prospects for greater media pluralism.
    Most newspapers were privately owned, with the exception of 
government-sponsored Hayastani Hanrapetutiun and its Russian-language 
version, Respublika Armenii. Except during the March state of 
emergency, the print media generally expressed a wide variety of views 
without restriction, but remained influenced by economic or political 
interest groups or individuals. Authorities continued to make 
unscheduled tax inspections of independent and opposition media, which 
local observers viewed as attempts to stifle the press.
    Newspaper circulation was very limited, as was the audience for the 
country's 14 radio stations. Most of the population relied on the 
country's 42 television stations for news and information. All but one 
station are privately owned and half were small broadcasters based in 
the provinces. Only the state-owned Public Television (H1) had 
nationwide coverage, although three stations were able to cover most of 
the country, and some stations were able to extend beyond Yerevan. Most 
stations were owned by progovernment politicians or well-connected 
businessmen, factors that prompted journalists working for these 
stations to practice self-censorship. Major broadcast media outlets 
generally expressed progovernment views and avoided editorial comment 
or reporting critical of the Government. This was especially the case 
during the presidential election campaign and the protests and state of 
emergency that followed the election.
    The personnel and property of Azparez Journalists Club (AJC), based 
in Gyumri, were subject to repeated acts of violence and intimidation. 
The AJC received threatening phone calls and was targeted for arson 
January 19 by unknown individuals. AJC chairman Levon Barseghian was 
detained at a rally on March 2 and held for more than five hours at the 
police station. On March 21, a fire bomb destroyed the AJC's 
president's car. Investigations of the arson attempt and the fire bomb 
were subsequently closed without any suspects.
    Prior to the February 19 presidential election, the broadcast media 
displayed bias in favor of the official candidate, and eventual winner, 
then-prime minister Serzh Sargsian. OSCE/ODIHR and TEAM Research 
monitored the election and concluded that the prime minister received 
preferential treatment in the amount of airtime he was allocated and 
also in the almost exclusively positive or neutral content of the 
coverage. In contrast, Sargsian's electoral opponent, Levon Ter-
Petrossian, received far less airtime and was covered in negative or 
neutral terms. The similar timing and content of the reporting 
suggested to both monitoring organizations that authorities coordinated 
some coverage.
    Public television station H1 and public radio stations did not 
impose any restrictions on the content of the legally mandated free 
time given to each presidential candidate. TEAM Research noted that the 
Sunday current affairs program 360 Degrees aired on H1 showed a 
``consistently negative attitude'' towards Ter-Petrossian. Despite the 
diversity of views in the print media, private Kentron Television 
documented 71 negative references to Ter-Petrossian and no positive 
clips between January 21 and February 17. Ter-Petrossian received more 
coverage on H1 than Sargsian but, according to OSCE/ODIHR, the former 
received negative and ``distorted'' coverage, while the latter was 
covered in ``overtly positive'' terms. Public Radio followed a similar 
pattern.
    Neither the Central Election Commission (CEC) nor the National 
Commission on Television and Radio (NCTR) fulfilled their statutory 
obligations to ensure equality and objectivity of media coverage 
towards candidates. On March 8, the Constitutional Court ruled that the 
CEC neglected to exert ``effective control over preelection promotion'' 
and that the NCTR displayed a ``formalistic approach'' to complying 
with the law. As a result, media coverage displayed not only partiality 
but also, in some cases, ``violations of legal and ethical norms.'' 
Nevertheless, the court found that no sanctions or remedies were 
warranted because the candidates were able to present their platforms 
to voters by other means of preelection promotion.
    Some journalists were prevented from covering voting on election 
day, February 19. There were reports of assaults on reporters and 
staff, damage to media equipment, and seizure and erasure of film, 
often in the presence of police officers. During one altercation, an A1 
Plus cameraman's camera was damaged and his film was removed near a 
voting site in Yerevan. In another incident, a Hayk newspaper 
reporter's tape was erased in the presence of a police officer. In one 
case, a Haykakan Zhamanak newspaper correspondent was ejected from a 
polling station, resulting in the chair of the precinct election 
commission later being fined 300,000 drams (approximately $1,000).
    During the postelection protests, reporters were subjected to 
widespread harassment and intimidation. On February 27, Radio Liberty 
reporter Erik Ghazarian was attacked in a downtown police station and 
his microphone seized. Hayk newspaper correspondent Artak Yeghiazarian 
was taken to a police station and interrogated about his presence at a 
political rally. On February 29, and again on March 1, photojournalist 
Gagik Shamshian was attacked and beaten by several police officers when 
he attempted to photograph them near a protest in downtown Yerevan. In 
the second incident, Shamshian's camera was seized and he required 
medical treatment.
    Censorship was imposed and freedom of press and media were severely 
restricted during the March 1-21 state of emergency. According to the 
decree enacting the state of emergency, ``reports in the mass media on 
issues concerning the internal situation and of state importance are 
restricted to official information provided by state entities.'' The 
decree resulted in the closing of all opposition media, all Web sites 
critical of the Government, and several days of broadcasts of Radio 
Liberty. It did not, however, prevent other print and broadcast media 
from airing strident criticism and unfounded charges against the 
political opposition and its leaders. H1 was identified by the 
country's human rights defender as ``a most vivid example of such 
unacceptable coverage.'' While the state of emergency decree applied 
only to Yerevan, there were numerous reports of the severe media 
restrictions being imposed in many other parts of the country.
    In Gyumri, three members of a GALA television crew covering a rally 
were taken to a police station and held for three hours. Police 
reportedly attempted to seize the camera of an Aravot correspondent but 
were thwarted by the crowd. Police also reportedly threatened and 
insulted a Radio Liberty journalist.
    Criminal charges for violence against a law enforcement official 
were brought against Nikol Pashinian, editor in chief of the 
proopposition Haykakan Zhamanak, the most widely read daily newspaper 
in the country. Pashinian, who was one of the opposition figures 
leading protesters on March 1, went into hiding and remained a fugitive 
at year's end.
    Although opposition newspapers were eventually able to resume 
publishing on March 21, reporters continued to be harassed and 
intimidated.
    On March 25, police reportedly attempted to seize three journalists 
covering a protest in the Kotayk region. The crowd helped them escape 
but one was pursued, captured, forced into a car and taken to the 
police station where she and her driver were held for an hour.
    On May 21, a reporter for Zhamanak Yerevan, covering a protest in 
the town of Masis, was detained by police, beaten, held for several 
hours and released after the pictures were deleted from his camera.
    On August 1, Haykakan Zhamanak reporter Gagik Hovakimian was 
detained and held by police for over an hour in the town of Ashtarak 
after Hovakimian's investigation of whether persons were being 
prevented from going to Yerevan to participate in an opposition rally.
    During the year, a number of journalists were the targets of 
attacks by unknown assailants. Some observers and human rights groups 
alleged that the journalists had been targeted for their work.
    On August 11, two unknown assailants attacked Haykakan Zhamanak 
reporter Lusine Barseghyan. Barseghyan, who was briefly hospitalized 
after the attack, linked the assault to a recent series of articles she 
had written that scrutinized the alleged illicit activities of 
influential individuals close to the Government. The assailants were 
not identified by year's end, and the investigation was ongoing.
    On August 18, an unknown assailant attacked the acting chief of 
Radio Liberty's Yerevan bureau Hrach Melkumian in downtown Yerevan as 
he was walking home. The unknown assailant approached Melkumian, 
calling him by name, and proceeded to beat him while cursing the radio 
and its programming. Melkumian sustained broken teeth and bruises to 
his head and back. According to local media, the police suspended the 
case on October 20 because they could not identify the attacker(s).
    On November 17, Edik Baghdasarian, an investigative journalist 
known for his stories exposing government corruption, was the target of 
a violent attack, which he and many observers believed to be linked to 
his reporting. Three unknown assailants ambushed and beat Baghdasarian 
as he was getting into his car near the office of the ``Hetq'' online 
magazine. Baghdasarian suffered serious head injuries and was 
hospitalized for several days. At year's end the investigation was 
ongoing.
    After the lifting of the state of emergency, the State Tax Service 
(STS) conducted unannounced tax inspections on four independent and 
opposition media. On March 24, the opposition Chorrord Ishkhanutyun and 
Zhamanak Yerevan were audited by STS officials. On March 25, the STS 
notified Haykakan Zhamanak that it would look into its financial 
records. STS officials also raided the offices of Aravot, asking for 
the newpaper's tax records dating back to its founding in 1996. Aravot 
was fined a nominal amount after minor violations were found, as was 
Chorrord Iskhananutiun. Haykakan Zhamanak reported its tax inspection 
ended after it sent a protest letter to the head of the STS.
    The GALA regional television station was under pressure 
simultaneously from tax auditors, broadcast regulators, and municipal 
authorities. An intrusive tax audit opened in October 2007 resulted in 
the levying of approximately 26 million drams (approximately $85,000) 
in back taxes, fines, and late fees on March 19 after a lengthy court 
process. Observers widely believed the audit was retribution for GALA's 
September 2007 broadcast of a speech by Levon Ter-Petrossian that was 
critical of the Government. After the audit began, GALA also faced 
difficulty trying to keep or find advertisers. The station's owner 
alleged that authorities were forcing advertisers to stop doing 
business with GALA.
    A1 Plus television still remained without a broadcasting license or 
frequency at year's end. The station has unsuccessfully filed 10 
applications for a television or radio license after the Government 
failed to renew its frequency use license in 2002, an action that many 
considered to be politically motivated. Since 2002, A1 Plus has 
operated as an Internet news agency, posting its video footage to the 
Web. During and after the state of emergency, A1 Plus-produced news 
footage appeared on a variety of international amateur video Web sites. 
On June 17, the ECHR ruled that authorities had violated Article 10 
(freedom of expression) of the European Convention on Human Rights by 
failing to give a written explanation for refusing a broadcast license 
to A1 Plus. The ECHR's decision stated that ``a procedure which did not 
require a licensing body to justify its decisions did not provide 
adequate protection against arbitrary interference by a public 
authority with the fundamental right to freedom of expression.'' The 
ECHR awarded, and the Government paid, 30,000 euros (approximately 
$42,000) to A1 Plus' parent company, Meltex, Ltd.
    On September 10, with essentially no prior notification or public 
discussion, the National Assembly amended the Law on Television and 
Radio to impose a moratorium until July 2010 on the issuance of new 
television broadcasting licenses. The amendment was passed in an 
unannounced, evening extraordinary session. The moratorium was enacted 
shortly before a call for bids on several television frequencies that 
were due to become available based on expiring licenses. The amendment 
also gives existing stations the right to extend their licenses to 
January 2011. Independent media, media analysts, and NGOs viewed the 
measure as an effort to block issuance of a license to A1 Plus or other 
applicants more sympathetic to the political opposition than current 
license holders. On September 19, the OSCE's representative on freedom 
of the media sent a letter to President Sargsian warning that the new 
law ``may make Armenia unable to comply'' with the ECHR decision in the 
A1 Plus case.
    In October 2007, police filed criminal charges against two editors, 
Nikol Pashinian of Haykakan Zhamanak and Shogher Matevosian of Chorrord 
Ishkhanutyun, and a reporter from Chorrord Ishkhanutyun Gohar Vezirian, 
all of whom had participated in an opposition march in support of Levon 
Ter-Petrossian that was broken up by riot police. The charges included 
``hooliganism committed by a group'' and ``violence against a 
representative of the authorities.'' According to one of the editors, 
these earlier charges were added to charges that authorities 
subsequently brought against them in connection with the March 1 
events.
    In December 2007, the office of the opposition newspaper Chorrord 
Ishkhanutyun suffered an explosion, which its editor in chief linked to 
its critical coverage of the Government. The prosecutor's office 
suspended the investigation after approximately one month; the 
perpetrators were not identified.
    In 2006, authorities arrested Zhirayr Sefilian and Vardan 
Malkhasian, members of the political opposition, allegedly for planning 
a coup, due to the critical nature of their speeches towards the 
Government. Sefilian was released on June 9 after serving a one-and-a-
half year sentence for illegal arms possession, while Malkhasian was 
released December 10 after serving a two-year sentence for making 
``public calls for the overthrow of the constitutional order by force'' 
and illegal arms possession.
    Arman Babajanian, the editor of the opposition newspaper Yerevan 
Zhamanak, remained in prison at year's end on a 2006 conviction for 
forgery and evasion of military service. While Babajanian pleaded 
guilty to the charges, his four-year sentence was widely considered 
harsh for such incidents, and some observers believed that he was the 
victim of selective prosecution. On July 18, authorities rejected his 
petition for parole, despite calls by prison officials, the human 
rights defender, and international and local human rights observers. 
Babajanian was hospitalized September 4-12 due to a serious health 
condition reportedly exacerbated by his detention.

    Internet Freedom.--In March following the decree of the state of 
emergency, authorities selectively blocked access to independent or 
opposition Internet sites known to air critical reports of the 
authorities. Individuals and groups reported suspected government 
interception of e-mail or Internet chat conversations, although there 
was no evidence to confirm that this took place during the year.
    Internet cafes were widely available in the cities, although local 
Internet service provider connections were often extremely slow which 
limited their effectiveness.

    Academic Freedom and Cultural Events.--There were widespread 
reports of school administrators being dismissed for refusing to 
support the official candidate in the presidential election. In Gyumri, 
the regional campaign director for one political party with a candidate 
in the presidential race, reported that he and over a dozen members of 
his party had been dismissed from their public sector jobs in the run-
up to the election due to their political affiliation. Many of those 
dismissed had been school directors or administrators in the Shirak 
region. Similarly, there were widespread reports of school 
administrators being required to mandate students and teachers to 
attend rallies for the official candidate. There were reports in the 
Lori region that school directors and their staffs were being pressured 
to vote for Serzh Sargsian, who was prime minister at the time. There 
were reports of teachers and professors throughout the country being 
fired for their support of the opposition after the March 1-2 events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly; however, 
authorities severely restricted this right in practice. Prior to the 
enactment of the state of emergency on March 1, the Law on Conducting 
Meetings, Assemblies, Rallies and Demonstrations stipulated that groups 
may peacefully assemble without obtaining a permit, as long as they 
provided prior notification to the relevant authorities. In the run-up 
to the February 19 presidential election, political parties generally 
demonstrated freely. In response to the postelection protests, then-
president Kocharian issued a state of emergency decree on March 1 for 
the city of Yerevan, which imposed a ban on any type of public 
gathering and was rigorously enforced by police.
    On March 17, three days before the end of the state of emergency, 
authorities amended the law to give broad discretionary powers to 
authorities to prohibit political rallies and protests. The National 
Assembly amended the law again on June 11, somewhat relaxing the strict 
provisions enacted on March 17. In practice, however, authorities 
continued to severely restrict freedom of assembly through an arbitrary 
interpretation of the new law and denied approximately 100 opposition 
applications to hold rallies at requested venues from March through the 
end of the year. When denying permission to hold rallies, authorities 
routinely cited the amended provision of the law that allows them to 
withhold authorization if law enforcement officials indicate that that 
the event creates potential threats of violence to state security or to 
public order. However, on several occasions authorities tacitly allowed 
mass opposition rallies to proceed without interference after having 
formally refused permission, and granted permission for one opposition 
rally in Gyumri on June 28 and two in Yerevan on September 15 and 
October 17.
    On February 29, the Helsinki Citizens Assembly (HCA) of Vanadzor 
held a rally demonstrating against electoral fraud in a Vanadzor park. 
Individuals reportedly working for Vanadzor's mayor tried to disrupt 
the rally several times, and then disconnected the electricity being 
used to power the sound equipment at the site. Arthur Sakunts, the 
director of HCA Vanadzor, sent a letter to Vanadzor's police to report 
the case but no further action was taken by year's end.
    Early on March 1, authorities used force to end 11 days of 
continuous, peaceful postelection protests in Yerevan's Freedom Square 
by government opponents led by opposition presidential candidate Levon 
Ter-Petrossian. The protests attracted tens of thousands of 
demonstrators each afternoon, with 300 to 2,000 persons remaining 
nightly.
    On March 1, hundreds of security forces, mainly police and riot 
personnel, used force to disperse protesters who had spent the night in 
Freedom Square. According to numerous eyewitness accounts, security 
forces encircled the protesters and began to beat them with truncheons, 
use electric stun guns against them, and destroy their tents. When 
protesters resisted, clashes broke out with security forces. Film 
footage and eyewitness accounts indicated that police chased protesters 
a considerable distance from Freedom Square, and that four or five 
police officers at a time beat individual protesters before taking them 
into custody. There were also reports that police attacked passersby on 
nearby streets and assaulted media representatives.
    Official government accounts of the clearing of Freedom Square were 
inconsistent, raising questions about their accuracy. On March 1, 
police officials stated that they had received information on February 
29 that demonstrators were about to be provided large quantities of 
weapons and that, on March 1, they would use them to instigate mass 
disorders. The officials claimed that police asked demonstrators to 
allow them to check for weapons early on March 1, at which point the 
demonstrators attacked them and police officials decided to disperse 
the rally. However, a press release posted on the prosecutor general's 
Web site dated March 1 stated that, consistent with the law concerning 
unauthorized rallies, police went to Freedom Square to end the rally 
but, when protestors refused orders to disperse, police proceeded to 
use force.
    Following the dispersal of protesters, police repeatedly broadcast 
video footage of police officers apparently discovering a cache of hand 
grenades and other weapons in opposition tents. The authenticity of the 
video was widely doubted by local observers, many of whom believed the 
weapons had been planted by police, who then staged the filming of the 
``discovery.'' The human rights defender also questioned the official 
version of events. The opposition consistently denied that it had any 
weapons at Freedom Square.
    According to official information released by the Ministry of 
Health shortly afterward, 31 persons including six police officers were 
injured in the March 1-2 dispersal. Following the dispersal, the chief 
of the Presidential Security Service, Grigorii Sargsian, forcibly 
removed opposition leader Ter-Petrossian from the square and placed him 
under de facto house arrest at Ter-Petrossian's residence in central 
Yerevan.
    The state of emergency decree issued by then-president Kocharian 
was approved by the National Assembly late on the evening of March 1 
and went into force immediately. The decree included, among other 
restrictions, a ban on any type of public gatherings, strikes or other 
actions that could stop or suspend the activities of organizations and 
limits on the movement of individuals and the means of transportation. 
The decree officially applied only to Yerevan, however many of its 
provisions, including the ban on gatherings, were de facto implemented 
in other regions as well. Authorities insisted that the state of 
emergency was necessary in order to restore law and order in the 
capital and the country as a whole.
    Following the March 1 events, authorities effectively sealed off 
Freedom Square using a heavy police and military presence to deter and 
prevent assembly of opposition protesters there. In June, authorities 
denied a political opposition request to hold a rally in the square, 
citing a children's fair that would be taking place at that time. The 
fair occupied the square for the remainder of the summer. In September 
authorities began a major construction project to build a parking 
garage under the square. Local observers viewed these actions as 
pretexts to deny political demonstrators access to the square.
    On March 4, the Helsinki Citizens Assembly (HCA) in Vanadzor was 
denied permission to hold rallies in Vanadzor in the period from March 
6-8 to discuss the March 1 events. The municipality rejected the 
application, stating that that the rally would cause unexpected 
circumstances that could jeopardize the health and life of people. On 
March 20, the administrative court upheld the decision of the 
municipality.
    On March 18, the campaign office of Levon Ter-Petrossian declared 
in a statement that opposition activists who had been prohibited from, 
or detained upon, gathering in public demonstrations were forced by 
police to sign documents in which they undertook not to attend future 
rallies or marches.
    On March 20, the last day of the state of emergency, then-president 
Kocharian warned that, according to his instructions, police would 
``take strict measures'' against protesters. Kocharian also stated that 
authorities would not sanction rallies for some time after the end of 
the state of emergency. On March 21, the first day after the state of 
emergency ended, approximately 2,000 protesters attempted to march in 
downtown Yerevan. The police blocked their procession and used force to 
stop the march.
    After the lifting of the state of emergency, protesters gathered 
regularly for evening ``political promenades'' on an avenue adjacent to 
Freedom Square. For the first several days of promenades, police 
periodically used force to disperse the assembled crowds and 
temporarily detained dozens of protesters.
    Following the March 12 arrest of opposition supporter MP Sasun 
Mikaelian, regular protests began in Mikaelian's home village of 
Vanatur, including 10 persons who went on hunger strike. On April 7, 
police used force to disperse the hunger strikers and reportedly took 
them away to an undisclosed destination in the nearby city of Hrazdan. 
On April 8, several dozen opposition supporters clashed with police in 
Hrazdan to demand to know the detained hunger strikers' whereabouts; 
approximately 70 Vanatur residents gathered the next morning to demand 
their release. All of the hunger strikers were subsequently released 
the next day. According to the opposition, seven of the protesters who 
pressed for the hunger strikers' release were each fined 50,000 drams 
(approximately $165) for violating the regulations on conducting public 
events.
    On June 20, in his first major public outing after the March 1 
events, Levon Ter-Petrossian held an unauthorized rally in downtown 
Yerevan that authorities had indicated they would prevent. Riot police 
positioned at the site left the venue as the rally started. The rally 
proceeded peacefully after accessing electricity for the sound 
equipment, which reportedly had been cut. On June 28, Ter-Petrossian 
held an officially sanctioned rally in Gyumri, the first instance of 
permission granted to him after more than 40 requests, which was 
monitored but not disrupted by police.
    On July 2, a group of alleged supporters of Gagik Beglarian, the 
prefect of Yerevan's Kentron district, and Mher Sedrakian, the prefect 
of the Erebuni district, insulted and beat peaceful protesters who had 
launched a sit-in on Yerevan's Northern Avenue to protest the detention 
and imprisonment of the opposition activists. Police officers, who were 
present at the scene, did not intervene and reportedly prevented 
reporters from taking photographs of the incident. Beglarian later 
denied any responsibility for the clash, claiming the beating had been 
a provocation orchestrated by the protesters themselves.
    On July 10, Yerevan's municipality banned a rally which Zhirayr 
Sefilian, an opposition activist released from jail on June 9, had 
planned to hold on July 17. According to Sefilian, Yerevan's 
municipality banned the rally based on police claims that protesters 
intended to provoke clashes with law-enforcement representatives.
    In the morning of August 25, approximately 50 police officers 
raided Northern Avenue, the scene of an ongoing sit-in by opposition 
supporters, where they confiscated posters and other materials. The 
following afternoon, police detained six opposition members at the 
scene after discovering pro-Ter-Petrossian graffiti painted on the 
ground. According to one news report, one of the detainees was a minor 
who was released immediately, while others were taken to the police and 
released later in the evening. On September 9, police officers used 
force to disperse opposition supporters gathered on Northern Avenue. 
Six persons who had declared hunger strikes to urge the release of 
those they considered to be ``political prisoners'' were taken to 
police.
    In an October 2 decision citing ongoing construction in the area, 
the Yerevan municipality banned a rally requested by the opposition to 
be held on Northern Avenue on October 17. Following an appeal to the 
administrative court, the court ruled that the rally could be held at 
an alternative venue, but banned the march afterwards. On October 15, 
riot police forcibly dispersed approximately 30 young opposition 
activists who were marching in downtown Yerevan to promote the October 
17 rally. The ombudsman, who had sent his representatives to the scene, 
criticized the police actions in a statement issued later that day.
    In addition to open air gatherings, the Government also at times 
restricted citizens' rights to hold closed door meetings. On December 
3, a group of local NGOs distributed a statement stating that during 
the year, civil society groups had repeatedly been denied the right to 
conduct meetings, discussions, and film screenings on social and 
political issues. According to the statement it had become common 
practice for hotels, cinemas, and business centers to refuse rental of 
space to civil society organizations critical of the Government, 
current events, or political conditions. The NGOs stated that some 
hotels had stated that they were instructed by authorities not to rent 
halls for any event that might be considered political, and that they 
were instructed to check with designated officials on a case-by-case 
basis. These claims were corroborated by employees of several hotels.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected it in practice. 
However, registration requirements for all political parties, 
associations, and secular and religious organizations remained 
cumbersome. The law stipulates that citizens have the right to form 
associations, including political parties and trade unions, except for 
persons serving in the armed services and law enforcement agencies.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion; however, the law places some restrictions on the religious 
freedom of adherents of minority religious groups. The Government 
generally did not enforce existing legal restrictions on religious 
freedom. The Armenian Apostolic Church is considered the national 
church and enjoys some privileges not available to other faiths. The 
law does not mandate registration of NGOs, including religious groups. 
However, only registered organizations have legal status and may 
publish more than 1,000 copies of newspapers or magazines, rent meeting 
places, broadcast programs on television or radio, or officially 
sponsor visas for foreign visitors, although there is no prohibition on 
individual members doing so. There were no reports of the Government 
refusing registration to religious groups.
    While the law prohibits ``proselytizing'' as well as foreign 
funding for foreign-based churches, neither restriction was enforced in 
practice.
    Although the law provides for alternative service for conscientious 
objectors, the military services themselves administer the alternative 
service, and members of Jehovah's Witnesses refused the alternative 
program for that reason. Since 2005 there have been no applications for 
alternative service by an Armenian citizen. According to lawyers for 
Jehovah's Witnesses, by the end of the year, 81 of the group's members 
were serving prison sentences for evading alternative service. One 
additional person had received a suspended sentence. Jehovah's 
Witnesses complained about the length of court-ordered sentences for 
evasion of alternative service.
    On July 28, following mediation by the human rights defender, the 
military commissar sent a letter to the Jehovah's Witnesses informing 
them that he had instructed all commissariats to register and to 
provide passports to all persons who had been prosecuted for evading 
military service for conscientious reasons and who had served their 
prison sentences. The letter stated that the Ministry of Defense and 
the military prosecutor did not object to the registration of these 
citizens. The Jehovah's Witnesses reported improvement in military 
commissariats' treatment of Jehovah's Witnesses, especially in the 
issuance of documents after completion of prison sentences.

    Societal Abuses and Discrimination.--Societal attitudes toward most 
minority religions were ambivalent. Television outlets disparagingly 
labeled denominations other than the Armenian Church as ``sects'' in 
their broadcasting and aired negative programs about them.
    According to observers the general population viewed nontraditional 
religious groups with suspicion and expressed negative attitudes about 
members of Jehovah's Witnesses because of their proselytizing practices 
and refusal to serve in the armed forces. Members of Jehovah's 
Witnesses continued to experience occasional societal discrimination.
    Jewish community leaders estimated the community's size at between 
500 and 1,000 persons. There is a resident rabbi and one synagogue. 
There were no reports of anti-Semitic violence or vandalism during the 
year. In December 2007 Jewish community members discovered a small 
swastika drawn on the Hebrew side of the Joint Tragedies Memorial.
    In the days prior to the February 19 presidential election, an 
anonymous antiopposition organization distributed a DVD in Yerevan that 
contained anti-Semitic claims, epithets, and innuendo against 
presidential candidate Levon Ter-Petrossian. The allegations cast 
aspersions on the candidate's Jewish wife and alleged that he was 
collaborating with the Israeli government and others in a ``Zionist 
plot'' to undermine the state. Some of the video was shown on a private 
television channel that had a national viewing audience.
    Throughout the year, progovernment Hayots Ashkharh daily continued 
to publish negative articles about the Jehovah's Witnesses. The 
articles presented the group as a sect endangering the security of the 
state and calling for their expulsion from the country. They also 
called for tougher punishment for evasion of alternative service by 
conscientious objectors.
    According to a police report, on July 13, a 53-year-old Yerevan 
resident attacked two Jehovah's Witnesses while they were preaching. 
According to the Jehovah's Witnesses, on December 19, the attacker, 
Hayk Elizbarian was found guilty on charges of insulting, threatening, 
and beating the victim and was fined 150,000 drams (approximately 
$490).
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--While the law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, there were some restrictions in practice. The Government 
cooperated with the UN High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in providing protection and assistance to 
refugees, internally displaced persons (IDPs), stateless persons, and 
asylum seekers.
    In order to leave the country on a temporary or permanent basis, 
citizens must obtain an exit visa. Exit visas for temporary travel out 
of the country may be routinely purchased for approximately 1,000 drams 
(approximately $3) for each year of validity. Following leadership 
changes in the police passport and visa agency, exit visas were 
routinely provided within one day of application. In October, the 
Government abolished the requirement for emigrants to deregister 
themselves from the civil registry, which had widely been viewed as an 
onerous process that was subject to extensive corruption.
    Freedom of movement of citizens within the country was restricted 
by the president's state of emergency decree adopted on March 1. During 
the year there were numerous reports that citizens residing outside of 
Yerevan were restricted from attending opposition rallies held in the 
capital.
    The law does not prohibit forced exile, but there were no reports 
that the Government used it.

    Internally Displaced Persons (IDPs).--The Norwegian Refugee Council 
(NRC) found in a 2005 study (the last year for which figures were 
available) that 8,399 IDPs resided in the country in 2005.
    During the country's war with Azerbaijan over Nagorno-Karabakh, the 
Government evacuated approximately 65,000 households from the border 
region, but most have since returned to their homes or settled 
elsewhere. Of the remaining IDPs, almost two-thirds could not return to 
their villages, which were surrounded by Azerbaijani territory, and 
others chose not to return due to socioeconomic hardships or fear of 
landmines. The Government afforded full citizenship rights to IDPs but 
did not have programs to help integrate them; however, international 
organizations supported their adjustment.
    On September 25, authorities approved a program to assist in the 
resettlement of 626 families that were displaced during the Nagorno-
Karabakh conflict.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status to persons in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government has established a system for providing protection to 
refugees. The Government granted refugee status and asylum during the 
year; however, many asylum requests remained undecided with applicants 
complaining of long processing delays, and in some cases 
discrimination, by the authorities based on their country of origin.
    In practice, the Government provided protection against the 
expulsion or return of refugees to a country where their lives or 
freedom would be threatened. The Government also provided temporary 
protection during the year to persons who may not qualify as refugees 
under the 1951 convention and the 1967 protocol.
    As of November 1, a total of 190 persons applied for asylum and the 
Government granted temporary asylum to 68 persons and refugee status to 
one person. Other cases were under review at year's end.
    There was an established procedure for granting asylum which 
included amnesty for the illegal entry of an asylum seeker and access 
to the territory for individuals seeking asylum. However, some delays 
and difficulties with refugee processing at airports and land borders 
arose due to frequent rotations of inexperienced border officials and 
little training on asylum procedures.
    Due to a lack of institutional capacity, the Government often 
struggled to integrate asylum seekers into society once they were 
granted permanent residency status. Temporary housing for refugees and 
asylum seekers was often inadequate in supply and in poor condition.
    During the year the UNHCR implemented an intensive program to train 
border guards. International organizations asserted that Russian border 
guards, who operated under an agreement between the country and Russia, 
usually came into first contact with potential asylum seekers at the 
country's borders with Turkey and Iran and sometimes at the main 
international airport in Yerevan and often refused them entry without 
informing either the Government or the UNHCR. During the year some 
Russian guards were phased out at the Yerevan airport, but the 
percentage of Russian border guards remained at approximately 18 
percent due to increasing numbers of unstaffed positions normally 
filled by border guards from the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the law provides citizens with the right to change their 
government peacefully, that right was restricted in practice due to 
repeated, significant flaws in the conduct of elections at the national 
and local levels.

    Elections and Political Participation.--The conduct of the February 
19 presidential election was significantly flawed. Problems included 
favorable treatment of the Government's candidate, instances of ballot 
stuffing, vote-buying, multiple voting, voter intimidation, violence 
against and intimidation of opposition commission members, proxies and 
reporters, restriction of their civil and political rights, and 
suspiciously high turnout figures.
    On February 24, the Central Election Commission (CEC) declared that 
Prime Minister Serzh Sargsian won the election with 52.8 percent of the 
votes. Levon Ter-Petrossian, the second-place candidate, received 21.5 
percent of the votes. The remainder of the votes cast went to Artur 
Baghdasaryan (16.7 percent), Vahan Hovhannisian (6.2 percent), Vazgen 
Manukian (1.3 percent), Tigran Karapetian (0.6 percent), Artashes 
Geghamian (0.5 percent), Arman Melikian (0.3 percent) and Aram 
Harutiunian (0.2 percent).
    An international election observation mission with members from 
OSCE/ODIHR and a number of European parliamentary organizations 
observed the February 19 election. The final OSCE/ODIHR report on the 
election stated that, while it ``mostly met OSCE commitments and 
international standards in the preelection period and during voting 
hours, serious challenges to some commitments did emerge, especially 
after election day,'' which displayed ``an insufficient regard for 
standards essential to democratic elections and devalued the overall 
election process.'' The lack of accountability and transparency in the 
vote count and ineffective procedures for registering complaints and 
appeals were also noted. Deficiencies in implementation of the election 
code were also a problem. The report noted the blurring of party and 
government functions in apparent violation of the law. In the 
preelection campaign period, for example, media bias favored then Prime 
Minister Sargsian, and numerous local government officials actively 
campaigned for him, some while performing official duties. There were 
also accounts of local government employees and public-sector employees 
being obligated to attend the prime minister's campaign events. 
Observers also noted implausibly high turnout figures at approximately 
100 polling stations.
    Prior to, during, and after the election campaign, which began 
January 21, the opposition reported multiple cases of politically-
motivated harassment by authorities.
    There were reports of persons being fired from their jobs for their 
political views or activities before or after the election. The NGO 
Helsinki Citizens Assembly Vanadzor reported that Arshavir Ghukasian 
and Armen Hovhannisian, employees of the Lori regional administration, 
were dismissed from their jobs after the election because of their 
support for Ter-Petrossian. In the Shirak region, a regional political 
party head reported that over a dozen members of his party, which had a 
candidate in the presidential election, were dismissed from their 
public sector jobs because they refused to support then-Prime Minister 
Sargsian's campaign. Local government employees and public sector 
workers were reportedly obliged to attend then-Prime Minister 
Sargsian's campaign events under the threat of being fired or receiving 
a cut in pay.
    There were also reports of the misuse of government administrative 
resources by then Prime Minister Sargsian's campaign prior to the 
election. Authorities in Vanadzor reportedly provided free public 
transportation, cancelled classes, and suspended the work of other 
public institutions to ensure high turnout at a February 7 Sargsian 
campaign rally.
    Some opposition activists were assaulted for their campaign 
activities. Prior to the February 9 rally of Ter-Petrossian, Hovhannes 
Grigorian, Gevorg Zakarian and Aghvan Hakobian were posting Ter-
Petrossian campaign information in downtown Yerevan when they were 
reportedly assaulted by Melik Gasparian, the Sargsian campaign manager 
in Yerevan's Nor Nork district.
    Parties in the political opposition reported that authorities 
pressured landlords not to rent them office space during the campaign. 
There were also reports that advertising companies were under pressure 
not to rent billboard space to the opposition. There were also numerous 
instances of campaign material for the then prime minister Sargsian 
being posted in state-owned buildings, such as mayors' offices, 
schools, and cultural centers. On January 28, police in the city of 
Kapan reportedly used force to close Ter-Petrossian's sole campaign 
office there. The Ter-Petrossian campaign leased the office in December 
2007, but its owner decided to end the lease agreement despite being 
paid two months' rent in advance. Ter-Petrossian's campaign manager in 
Kapan stated that police ordered him and other campaign volunteers to 
vacate the office despite the owner's willingness to let them stay 
there two more days. Police then sealed the office.
    Various campaigns reported arson and gunfire attacks on their 
offices during the month prior to elections. Such incidents were 
reported in Vanadzor, the Silikian district in Yerevan, Haghtanak 
village (located within Yerevan's administrative boundaries), in Nor 
Nork and another Yerevan district. One person was convicted for 
hooliganism in connection with such an incident.
    Some opposition campaign events were disrupted by violence. Three 
Ter-Petrossian supporters were arrested and charged with ``collective 
hooliganism'' for an alleged assault on a heckler at a Ter-Petrossian 
rally in the town of Talin on January 27, and were sentenced to prison 
terms of 1.5 to 2.5 years on April 15.
    During a Ter-Petrossian rally in the city of Artashat on February 
6, a group of government supporters threw stones and scuffled with Ter-
Petrossian's supporters, apparently in an attempt to disrupt the rally. 
The Ter-Petrossian campaign filed a complaint with police, which 
resulted in two persons being fined 100,000 drams (approximately $300) 
each.
    During a campaign rally in Freedom Square on February 3, Artur 
Baghdassarian declared that he had received death threats; he suggested 
the threats were politically motivated and that authorities were behind 
them. According to the prosecutor general's office Artur Baghdassarian 
sent his representative to the police to discuss the statement made at 
the rally, but failed to provide specific information and details about 
the alleged threat, thus no state protection was provided to the 
presidential candidate.
    According to the local affiliate of Transparency International, an 
anticorruption NGO, both Serzh Sargsian and Vahan Hovhannisian spent 
more money on their presidential campaigns than was allowed by the 
election code.
    On February 7, Levon Ter-Petrossian asked the Constitutional Court 
to postpone the presidential election by two weeks, citing state 
television's antagonistic coverage of his election campaign. Ter-
Petrossian sought to invoke a provision of the election code in which a 
presidential election can be postponed if one of the candidates is 
deemed to be facing ``insurmountable obstacles'' in getting a message 
across to voters. During its preelection media monitoring, the final 
OSCE/ODIHR report noted a clear imbalance in coverage of the 
candidates, stating that ``in contrast to the almost exclusively 
positive or neutral coverage afforded to Serzh Sargsian, Levon Ter-
Petrossian was regularly portrayed in a negative light.'' On February 
11, the Constitutional Court denied the appeal, ruling that the alleged 
obstacles were not insurmountable. At the same time the court stated 
that Ter-Petrossian's complaints should be addressed by the National 
Council for Television and Radio, the Central Election Commission and 
the administrative courts. Complaints filed with each of these bodies 
were reportedly refused or dismissed.
    In a written statement three hours before the closing of the polls, 
Artur Baghdassarian's Rule of Law party campaign headquarters stated 
the voting was taking place in an atmosphere of threats and violence 
and was characterized by mass ballot stuffing and other irregularities. 
After the announcement of results, Baghdassarian claimed that he won 
considerably more votes than were shown by the CEC due to deliberate 
miscounting of ballots and other violations by election officials on 
polling day. On February 20, Baghdassarian issued a statement alleging 
that the election was marred by numerous falsifications, intimidation 
and violence against election commission members and proxies, as well 
as numerous cases of ballot-stuffing, distribution of election bribes, 
open and multiple voting, and falsifications during the count. Leaders 
of the Armenian Revolutionary Federation-Dashnaktsutiun party (ARF) 
also expressed concern that there had been vote fraud, including 
widespread vote buying, ballot-stuffing, and other violations.
    The Ter-Petrossian campaign stated scores of Ter-Petrossian's 
elections proxies in and around Yerevan were beaten by government 
supporters after alleging voting irregularities, although independent 
observers were unable to confirm such a high number of assaulted 
proxies. Human Rights Watch noted 13 cases of assault on Ter-Petrossian 
proxies, two opposition members of parliament, and at least two 
journalists. According to Human Rights Watch, in several incidents the 
assaults took place in the presence of police and polling station 
officials, who did not intervene. One of the reported assaults included 
the alleged kidnapping of a Ter-Petrossian proxy from a polling station 
in the Yerevan suburb of Abovian. Larisa Tadevosian stated she was 
driven outside of Abovian and beaten up by three men after making 
allegations of fraud. She identified one of the assailants as the chief 
bodyguard of Gagik Tsarukian, a wealthy businessman with close ties to 
the outgoing President Robert Kocharian. The authorities launched an 
investigation into the allegations, but dropped the case due to lack of 
evidence. A similar incident was reported in Yerevan's northern Avan 
suburb, in which two Ter-Petrossian proxies claimed to have been 
kidnapped and beaten by a group of men led by Ruben Hayrapetian, a 
business tycoon and reputed criminal figure with ties to authorities. 
Vahagn Khachatrian, Ter-Petrossian's campaign manager in Yerevan's 
Malatia-Sebastia district, stated that numerous assaults and cases of 
violation fraud committed in the district were orchestrated by MP 
Samvel Aleksanian, another businessman with alleged ties to 
authorities.
    In one of his postelection reports, alongside the mention of 
assaults on opposition proxies by progovernment supporters, the human 
rights defender stated that some Ter-Petrossian proxies assaulted 
election officials and proxies on election day. For example, in one 
polling station in the town of Maralik, Ter-Petrossian's Maralik 
campaign chief and his supporters reportedly severely attacked a proxy 
representing Serzh Sargsian. Harutun Urutian, the campaign chief 
claimed he was trying to prevent voting violations when a scuffle broke 
out. In the harshest election-related punishment meted out to date, a 
court sentenced Urutian to seven years in prison for impeding the 
activities of an election commission and for assault. Urutian rejected 
the charges as politically motivated and appealed the verdict. On May 
22, the Court of Appeals upheld the charges but shortened the prison 
sentence to six years.
    In the large majority of cases of alleged violence during the 
election campaign and on election day, Ter-Petrossian supporters and 
proxies were almost invariably prosecuted and convicted. Most 
progovernment supporters and proxies saw similar charges against them 
either go unpunished or they received milder punishment than Ter-
Petrossian's supporters. According to official information, 
approximately 26 persons had been convicted for violence or violations 
on election day, and at least two of the cases were considered by 
appeals courts, which upheld the lower courts ruling. Fourteen of the 
26 persons were supporters of Levon Ter-Petrossian; nine of the 14 were 
convicted to prison terms ranging from one-and-a-half to six years. Out 
of the five election commission officials convicted for their behavior 
on election day, two were sentenced to prison.
    Approximately 17 percent of the international election mission 
observers reported significant procedural errors in the vote, mostly 
after the opening of ballot boxes. In 21 percent of polling stations 
visited, the number of votes per candidate was not announced and in 10 
percent there were inconsistencies in determining valid votes. Other 
problems included failure of precinct commissions members to showing 
marked ballots to observers present; placing ballots on the wrong 
candidate piles; signing protocols before completion of the count; 
signing blank protocols; indications of ballot box stuffing; and 
attempts to impede observers. Domestic observers or proxies were not 
afforded a clear view of the vote count at approximately 10 percent of 
polling stations visited. In eight polling stations, observers saw 
deliberate data falsification.
    According to the CEC, recount requests were filed in 25 territorial 
election commissions (TECs) regarding 159 precinct election commission 
(PEC) results. According to the opposition, TECs rejected 34 requests 
without sufficient cause. One candidate, Aram Harutiunian (who received 
just 0.2 percent of the vote), requested 27 recounts, some of which 
were filed right after midnight on February 20 before other candidates 
filed requests. Because territorial election commissions generally 
conducted recounts according to the time a request was filed and by law 
had just three days to complete recounts, some commissions were 
occupied with the Harutiunian recounts and unable to conduct some 
recounts requested by other candidates. Some observers believed that 
Harutiuniun's requests were deliberately orchestrated as a tactic to 
run out the recount clock before ballots from problematic precincts 
could be recounted.
    The majority of recounts witnessed by international observers 
showed discrepancies and mistakes in the original count, some 
significant. Other serious problems occurred during recounts that 
raised questions about the honesty and political impartiality of 
precinct and territorial commissions. In Davitashen, Yerevan, 
territorial commission officials procrastinated in the recounting 
ballots of polling stations, as key officials absented themselves from 
the proceedings without reason and other officials insisted nothing 
could be done without them. After a three hour hiatus in the recount, a 
group of thugs entered the premises and forced commission members, 
candidate proxies, journalists, observers from OSCE/ODIHR and 
diplomatic representatives to leave the building while police officers 
passively stood by. By the end of the year, no action had been taken 
against officials who delayed the recount or against police who allowed 
the illegal disruption of the vote recount. None of the persons who 
interrupted the recount were identified or arrested.
    Despite multiple changes to the election code shortly before the 
election campaign began, important shortcomings remained. In an 
overwhelming majority of election commissions, the key leadership 
positions were held by progovernment appointees, which raised concerns 
over the independence and impartiality of the administration of 
elections. There was also no separation between the Government and the 
ruling party during the presidential election, which resulted in 
unequal campaign conditions for the nine presidential candidates.
    Two appeals were filed against the election results at the 
Constitutional Court, one by Levon Ter-Petrossian and the other by 
Tigran Karapetian. On March 8, the court upheld the election results 
but criticized the National Committee of Television and Radio and the 
CEC for not taking actions to ensure unbiased media coverage, as 
prescribed by law. However, the court found that their inaction did not 
affect the election outcome and ruled that inaccuracies in some 
precinct election result protocols could not affect the results of the 
election.
    The state of emergency imposed on March 1, among other 
restrictions, banned ``political propaganda'' through leaflets or other 
means without permission from relevant state bodies and temporarily 
suspended the activity of political parties and other public 
organizations that could impede the elimination of the circumstances 
that served as the grounds for declaring the state of emergency.
    There were 11 women serving in the 131-seat National Assembly, 
including one of two deputy speakers, as well as two women appointed to 
the Government cabinet, and one female governor.
    There were no members of ethnic minorities in the National Assembly 
or government cabinet, nor did any members of ethnic minorities 
participate in the presidential election.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials frequently engaged in 
corrupt practices with impunity. Corruption was widespread on all 
levels and in all sectors. The World Bank's Worldwide Governance 
Indicators reflected that corruption was a serious problem. The public 
rarely protested corrupt practices, such as routine bribe-paying, and 
appeared to be aware of the problem's prevalence.
    Financial disclosure laws cover public officials and their family 
members. However, according to a 2006 report by the Anticorruption 
Network for Eastern Europe and Central Asia of the Organization for 
Economic Cooperation and Development, the declaration was a formality, 
and there are no mechanisms in place to verify the declaration 
information, which was not fully accessible to the public. While 
individuals with annual incomes above 8 million drams (approximately 
$26,000) as well as state officials, were required to submit income tax 
declarations beginning April 15, the Government had not established 
mechanisms to implement the requirement by year's end.
    Government programs to curb corruption were largely inactive during 
the year. The Governmental Anticorruption Strategy Monitoring 
Commission (ACSMC) and Anticorruption Council met only sporadically 
during the year, in apparent violation of its own regulations. In 
December 2007, the council approved a nine-month timetable for drawing 
up an anticorruption strategy for 2008-12. By the end of the reporting 
period, four of the five planned chapters of the strategy had been 
drafted. Drafts of the four chapters completed to date were widely 
distributed during the year, and the NGO Freedom of Information Center 
Armenia posted the completed chapters of the strategy on its website. 
Public consultations on the strategy were held in three of the 
country's 11 regions as well as in Yerevan during the year.
    There were some improvements, including a decline in incidents of 
corruption and increased transparency, in the operations of the police 
passports and visas department (OVIR) following the removal of its 
chief on July 7 and the appointment of a new chief, Norayr 
Mouradkhanian, on July 9. On June 26, Prime Minister Sargsian called 
corruption ``the number one problem'' facing the country and identified 
the passport service as ``one of the most corrupt government 
agencies.''
    According to official statistics, authorities investigated 173 
corruption cases during the first 11 months of the year, of which 57 
cases against 75 persons (including 57 officials) were sent to the 
courts. The Special Investigative Service investigated 34 officials 
under corruption charges, the majority of whom worked in the police 
forces or the Ministry of Justice. Most of these officials were section 
heads or low-level officials. The disposition of these cases by the end 
of the year was unknown.
    On September 17, the Audit Chamber of the National Assembly 
reported that violations and abuses of the state budget amounted to 
over 1.3 billion drams (approximately $4.3 million) during the first 
half of the year, mainly involving construction. The chamber's chair, 
Ishkhan Zakarian, stressed that damage to state budget should be 
compensated and the guilty parties punished.
    On September 24, the Audit Chamber of the National Assembly 
announced the results of oversight investigations in the Syunik region. 
According to the chamber's chair, Syunik's governor and regional 
government officials under his supervision embezzled 575 million drams 
(approximately $1.9 million) in public funds and property. The chamber 
found that approximately one-third of this amount was misappropriated 
by officials in the regional administration, who inflated the cost of 
procurements and failed to properly use government funds earmarked for 
construction, and that the mayors of towns and villages embezzled even 
larger sums through similar schemes. The chamber's chair alleged that 
the mayor of Syunik's capital, Kapan, sold 5,200 square meters of 
public housing for as little as 3,500 drams ($12) and stated that he 
would forward the case to state prosecutors after the chamber completed 
its inspections in Syunik.
    While the law provides for public access to government information, 
in practice the Government rarely provided such access. By the end of 
the year, the Government had not yet adopted the legal regulations 
required by, and supplementary to, the 2003 Freedom of Information Law, 
on the aspects of collection and provision of information. Officials 
cited the absence of these regulations when refusing to provide 
information. NGOs were more successful in gaining access to information 
through the courts.
    On April 10, the NGO Freedom of Information Center published the 
results of a survey on journalists' access to information which cited 
access to official information as a serious problem. The survey claimed 
the biggest obstacle in obtaining official information was the 
mentality of officials, who viewed the information at their disposal as 
their private property. Other obstacles included the absence of formal 
procedures for storing and providing information, as well as the low 
level of awareness of their rights among journalists.
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 independent local religious and human rights 
organizations and local affiliates of international organizations 
operated in the country. Government authorities generally did not deny 
requests to meet with domestic NGO monitors and followed some NGO 
recommendations, particularly those related to social welfare, 
education, or involving local matters.
    The human rights defender is mandated to protect human rights and 
fundamental freedoms from abuse by the national, regional, and local 
governments or their officials. During the first half of the year the 
human rights defender's office received written complaints from more 
than 1,662 citizens; the office resolved 48 of these complaints, with 
87 persons reportedly receiving redress for their grievances.
    On March 3, the human rights defender issued a statement on the 
March 1 political violence that questioned authorities' use of lethal 
force against opposition protesters. The statement suggested that 
clashes between security forces and protesters resulted from the 
violent dispersal of demonstrators from Freedom Square earlier that day 
and called on authorities to answer allegations that protesters were 
attacked without warning and explain why security forces hindered the 
media from reporting the incident. The defender also criticized state-
controlled media for presenting only the official version of events. On 
March 5, then-president Kocharian criticized the human rights 
defender's assessment as well as the defender personally, asserting 
that the defender did not understand what he was talking about. 
Kocharian also warned the defender that every state official must 
remember that they work for the country and ``not Strasbourg,'' in 
reference to the seat of the European Court of Human Rights.
    On April 25, the human rights defender released a more extensive ad 
hoc report on postelection developments, in which he again questioned 
the official version of the March 1 events as well as the legality of 
the actions taken by then-president Kocharian and law enforcement 
bodies, and called for an independent investigation into the March 1 
events.
    In response to the April 25 report, the prosecutor general and the 
minister of justice rejected the ad hoc report's assertions, and 
various officials appeared on television to criticize the human rights 
defender, blaming him for taking sides and alleging that he had 
exceeded his mandate by issuing the ad hoc report. On June 5, the 
National Assembly's committees on human rights and European integration 
held hearings on the report, during which the human rights defender 
criticized the prosecutor general and Justice Minister for 
misrepresenting the content of the report and for refusing to answer 
questions about the March 1 unrest.
    During the year authorities did not provide access to case 
materials and results of forensic examinations to the families of the 
March 1-2 victims. On June 26, authorities recognized those killed as 
``victims'' or ``injured parties'' and their family members as legal 
heirs, which legally entitled them to access investigation materials 
into the deaths, but this access was not granted in practice. An 
independent May 7-12 inquiry into postelection events conducted by a 
Paris-based association of Armenian lawyers (AFAJA) suggested that 
families of these victims were subjected to various pressures by 
authorities and were allegedly offered financial compensation ``to turn 
the page'' and cover the funeral expenses.
    On May 21, Tigran Urikhanian, the leader of a marginal political 
party, assaulted and shot Mikhail Danielian, the head of the NGO 
Helsinki Association, with an air gun. Danielian sustained light wounds 
in the attack. Despite numerous witnesses to the incident, authorities 
had not prosecuted Urikhanian by year's end. According to the 
prosecutor general's office, a criminal case on charges of hooliganism 
was launched to investigate the argument between Urikhanian and 
Danielian, however, the status of Danielian and Urikhanyan within the 
criminal case was unclear at year's end.
    On May 28, Arsen Kharatian, a member of the proopposition HIMA 
youth civic initiative movement that emerged following the disputed 
presidential election, was attacked and severely beaten by three 
unknown individuals. Kharatian believed he was targeted for his public 
activities and political views. After the March 1 events, Kharatian had 
been detained twice while participating in political promenades; he was 
released the same day on both occasions. On September 28, the 
investigation was suspended; the assailants were not identified.
    On June 25, two unknown men assaulted 20-year-old Narek Hovakimian, 
an active member of HIMA. Hovakimian, who was hospitalized with head 
and stomach injuries told the press that he was convinced the attack 
was politically motivated. On August 26, the investigation was 
suspended; the assailants were not identified.
    The Government generally cooperated with international NGOs, 
permitting them to visit prisons and, in the case of the ICRC, all 
detention centers in the country.
    After the May 2007 elections, the new parliament established a 
Standing Committee on Protection of Human Rights and Public Issues. 
Human rights NGOs viewed the committee with skepticism due to its 
unclear mandate and apparent lack of concrete activity.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status; in practice, however, 
there was societal discrimination against women, ethnic and religious 
minorities, persons with disabilities, and homosexuals.

    Women.--Rape is a criminal offense and carries a maximum penalty of 
15 years' imprisonment. There are no explicit laws criminalizing 
marital rape. During the year authorities launched 20 criminal cases 
against 15 persons on cases of rape and attempted rape; however, social 
stigma contributed to the underreporting of those crimes. Authorities 
convicted 11 out of these 15 individuals for rape or attempted rape; 
the disposition of the other cases was unclear at year's end.
    There is no law against domestic violence. Few cases of spousal 
abuse or other violence against women were reported during the year, 
although such violence was widespread. In a May 2007 survey 
commissioned by the Women's Rights Center, 66 percent of the 
respondents acknowledged that family members subjected them to 
psychological abuse and 39 percent considered themselves victims of 
either moderate or severe physical abuse. Most cases of domestic 
violence were not reported to police because victims were afraid of 
physical harm, were apprehensive that police would return them to their 
husbands, or were embarrassed to make family problems public.
    In November, Amnesty International issued a report on domestic 
violence in the country noting that all domestic violence shelters, 
with the exception of one, have been forced to close due to funding 
problems. Prior to their closure, the NGO-operated shelters offered 
refuge and assistance, including psychological and legal counseling to 
domestic violence victims.
    On April 30, the Council of Europe's commissioner for human rights, 
Thomas Hammarberg, issued a report on the human rights situation in the 
country based on his visit in 2007. The report noted there was a police 
unit that specialized in domestic violence, but that police attention 
to the problem continued to be inadequate. NGOs reported that police 
officers were reluctant to communicate with female victims. The number 
of female police officers continued to be insufficient.
    Prostitution and sex tourism are legal, but operating a brothel is 
prohibited and engaging in other forms of pimping are punishable by one 
to 10 years' imprisonment. According to media reports, there were fewer 
than 5,000 women involved in prostitution in the country, approximately 
1,500 of whom were in Yerevan. Police and other security forces 
reportedly tolerated prostitution.
    The law does not specifically prohibit sexual harassment, although 
it addresses lewd acts and indecent behavior. Sexual harassment 
appeared to be widespread, especially towards younger women and women 
who worked in the public sector.
    Men and women enjoy equal legal status, although gender and age 
discrimination were continuing problems in the public and private 
sectors. Women generally were not afforded the same professional 
opportunities or wages as men, and often were relegated to more menial 
or low skill jobs. Authorities asserted that women constituted half of 
all public servants and received the same pay as men.

    Children.--The Government was committed to protecting children's 
rights and welfare, but it did not allocate sufficient resources to 
fulfill this commitment.
    Observers indicated that parents, particularly the poorest and most 
socially disadvantaged, were unable to register their children at 
birth, thereby potentially depriving them of essential social services 
and increasing their children's vulnerability.
    Many educational facilities were severely underfunded and in poor 
condition, although major renovation works were initiated with 
government and foreign funding. Access to education in rural areas 
remained difficult, and work in the fields during harvest season took 
precedence over school for many children. Lack of funding to provide 
heat prompted school officials in many areas to extend winter school 
breaks by as much as an additional month. Many teachers solicited 
bribes from parents in return for good or passing grades.
    Severe disparities remained in both primary and secondary education 
in the country between gender, regions, and income. Dropouts after 
basic education were substantial, especially among poor students. 
According to the State Statistical Service, 13 percent of children aged 
15-16 were not attending school in 2006, the most recent year that 
statistics were reported.
    Attendance rates among children in the Yezidi ethnic minority 
continued to be lower than average, partially due to economic reasons, 
a lack of Yezidi teachers and textbooks, and the early removal of 
teenage girls from schools for marriage. In 2007 new Yezidi language 
textbooks, as well as Assyrian language texts, were used in ethnic 
minority schools around the country.
    Free basic health care was available to boys and girls through age 
18 but often was of poor quality, and officials often required overt or 
concealed payment for services.
    There were reports that girls were trafficked for commercial sexual 
exploitation.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however there were reports that persons were trafficked to 
and from the country. There was no credible data as to the real extent 
of the problem.
    The country is a source and transit point for women and girls 
trafficked primarily for sexual and, to a lesser extent, labor 
exploitation to the United Arab Emirates and Turkey. There were also 
reports that men were trafficked to Russia for forced labor in the 
construction sector. There were reports of trafficking victims from the 
country registered in West European countries. There was one report of 
internal trafficking of a minor. The country was also a destination for 
a group of trafficked persons from other countries that were formerly 
part of the Soviet Union.
    According to the Prosecutor General's Office, during the year at 
least 40 persons were victims of trafficking. The Prosecutor General's 
Office also reported that 24 persons were victims of pimping during the 
year, including 23 exploited within the country and one exploited in 
Turkey.
    Traffickers, using developed networks in source and destination 
countries, typically recruited victims who were already engaged in 
prostitution. The majority, but not all, of the identified victims were 
aware that they would end up in the sex industry in other countries; 
however, they were unaware of the traffickers' intent or the 
exploitative circumstances they would face abroad. Once in the 
destination country, victims were deprived of their travel documents, 
locked in hotel rooms, and told that they must ``repay'' their 
expenses. The initial consent of the victims contributed to 
authorities' difficulty in identifying cases of trafficking. In most 
cases, victims left the country with valid documents after which the 
traffickers provided them with forged documents in a transit country. 
According to local observers, traffickers occasionally refrained from 
violence against victims and used more subtle means to exercise 
control. There were reports that traffickers encouraged victims to 
become recruiters, promising them that they could keep a percentage of 
their recruits' earnings.
    Women engaged in prostitution, orphans who had outgrown their 
institutions, homeless or divorced women, and women in difficult 
financial situations were at greatest risk of being trafficked. There 
were some reported incidents of physical violence against trafficking 
victims.
    Trafficking in persons is punishable by three to 15 years' 
imprisonment, depending on the presence of aggravating factors such as 
the death of the victim or the involvement of a minor. Traffickers are 
eligible for early release from prison after serving half of their 
sentences, and in the past such releases have been routinely granted.
    According to the prosecutor general's office, courts convicted 
persons during the year under the trafficking statute and 13 persons 
under the pimping statute. Experts noted that inconsistent application 
of the two statutes continued to be a problem during the year.
    In July, police uncovered a large group of trafficking victims from 
Russia who were exploited in local night clubs as exotic dancers. The 
recruiter, a Russian citizen, and her accomplices were apprehended. The 
investigation of the case was ongoing at year's end.
    The Ministerial Council to Combat Trafficking in Persons, chaired 
by the deputy prime minister, is responsible for implementing, 
coordinating, and monitoring the Government's antitrafficking efforts. 
In December 2007, following extensive discussions with foreign 
governments and NGOs involved in antitrafficking programs, the 
Government approved a 2007-09 national action plan to combat 
trafficking in persons.
    The police, the NSS, and the prosecutor's office were responsible 
for investigation and prosecution of trafficking. The Government 
actively cooperated with several trafficking destination countries and 
regularly shared information with them.
    Previous allegations of official complicity in trafficking 
continued to harm the credibility of the Government's antitrafficking 
efforts. Some observers asserted that agreements between corrupt court 
officials and traffickers were also common.
    By year's end no officials had been prosecuted in connection with 
the 2006 escape from the country of convicted Uzbek trafficker Anush 
Zakharyants. An official investigation into the escape had resulted in 
the dismissal of two senior inspectors of the border oversight 
department, and the head of the border oversight department, Lieutenant 
Colonel V. Poghosian, was reprimanded. On December 18, in connection 
with the escape of Zakharyants, the Government launched a new criminal 
case into the circumstances of Zakharyants' illegal crossing of the 
border.
    Upon their return to the country, many trafficking victims feared 
social stigma and discrimination and were reluctant to help locate and 
prosecute their traffickers. Government officials did not require 
victims to assist in pursuing traffickers but worked with the ones who 
were willing to do so. NGOs reported that judges' treatment of victims 
has improved in recent years.
    Several NGOs assisted trafficking victims, many of whom were 
referred to them by the Government. Two hotlines were also available 
for trafficking victims. Antitrafficking NGOs operated without 
financial assistance from the Government and depended on foreign 
government funding. At the end of the year, however, the Government 
approved five line items in the national budget directed at combating 
trafficking in persons, including a trafficking victims' shelter.
    On November 20, the Government approved the National Referral 
Mechanisms (NRM) for use by public officials to help refer trafficking 
victims for assistance. According to local observers, however, the 
referral mechanism appeared to place disproportionate focus on helping 
law enforcement agencies locate and punish traffickers rather than 
providing assistance to victims. The level of assistance to the victim 
prescribed in the NRM depends on the level of cooperation with the law-
enforcement bodies.
    NGOs, international organizations, and the Government conducted 
trafficking prevention activities, mainly through educational and media 
programs to raise public awareness of the problem.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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; however, 
discrimination remained a problem. The law and a special government 
decree provide for accessibility to buildings for persons with 
disabilities, but in practice very few buildings and other facilities 
were accessible to them.
    According to media reports, institutionalized patients often lacked 
medication and received substandard care. On July 28, Armenianow.com 
published a Helsinki Citizens Assembly Vanadzor survey of patients at 
the Vanadzor Neurological and Psychiatric Clinic. Patients reported 
beatings, torture, and abusive narcotic sedation by sanitary personnel 
and medical staff. Patients complained of deprivation of privileges and 
insufficient food.
    Hospitals, residential care, and other facilities for persons with 
serious disabilities were substandard. According to official data, as 
of July 2007 over 90 percent of persons with disabilities who were able 
to work were unemployed.
    On October 7, the National Library opened a special reading hall 
for persons with visual disabilities. The Government also installed 
special computer software in the National Library and the Syunik 
regional library in order to provide internet access to persons with 
visual disabilities.
    The Ministry of Labor and Social Affairs is responsible for 
protecting the rights of persons with disabilities but did not do so 
effectively.

    Other Societal Abuses and Discrimination.--Persons who were openly 
gay were exempted from military service, purportedly because of concern 
that they would be abused by fellow servicemen. However, the legal 
pretext for the exemption was predicated on a medical finding of gays 
possessing a mental disorder, which was stamped in their documents and 
could affect their future. General societal attitudes towards 
homosexuality remained unfavorable.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
    Many employers reportedly discriminated against potential employees 
by age, most commonly requiring that job applicants be between the ages 
of 18 and 30. After the age of 40, workers, particularly women, had 
little chance of finding jobs that were appropriate to their education 
or skills.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except for 
those serving in the armed services and law enforcement agencies, to 
form and to join independent unions of their choice without previous 
authorization or excessive requirements; in practice, however, most 
workers did not exercise this right. Labor organizations remained weak 
because of employer resistance, high unemployment, and poor economic 
conditions. The Confederation of Labor Unions (CLU) estimated that, as 
of February, there were 240,000 members in 24 trade unions, which 
constituted roughly 20 percent of the workforce. There were additional 
labor unions that did not belong to the CLU. Labor unions were 
generally inactive, with the exception of those connected with the 
mining industry. However, some mining enterprises, including some 
financed by foreign capital, discouraged employees from joining labor 
unions with the implied threat of loss of employment.
    The law allows unions to conduct their activities without 
government interference. The law provides for the right to strike, 
except for members of the armed services and law enforcement agencies, 
but workers rarely went on strike due to the fear of losing their jobs. 
The law also prohibits retaliation against strikers, although it 
sometimes occurred.

    b. The Right to Organize and Bargain Collectively.--Although the 
law provides for collective bargaining, in practice there was only one 
collective bargaining agreement reported during the year. Factory 
directors generally set pay scales without consulting employees. As of 
January, newly established courts of general jurisdiction arbitrated 
labor disputes.
    There were no reports of antiunion discrimination.
    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 women and girls were trafficked for commercial sexual 
exploitation and labor and that men were trafficked for labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace. The minimum age for employment is 16 but children may 
work from age 14 with parental and labor union permission. The State 
Labor Inspectorate is responsible for child labor law compliance, but 
the inspectorate, community councils, unemployment offices, and, as a 
final board of appeal, the courts, enforced the law unevenly. Children 
under the age of 18 are prohibited from working overtime or in harmful 
and dangerous conditions, at night, or on holidays.
    According to the Employment Service Agency, some children were 
involved in family businesses (mainly agriculture) as well as other 
activities not prohibited by law. Observers also reported seeing 
children in Yerevan selling flowers, drawings and working in local 
markets after school hours. On October 30, UNICEF published the results 
of a nationwide survey on child labor. According to the study less than 
5 percent of children between 7 and 18 had paying jobs, not counting 
those involved in family farms or businesses. The survey also found 
that almost one third of working children were below the legal working 
age; that most children worked without legal contracts; that some 
children were employed in heavy manual work as laborers and loaders.
    There was one report of an individual engaging a minor in 
prostitution within the country during the year. The case was 
prosecuted as ``pimping.''
    The State Labor Inspectorate as well as other state agencies are 
responsible for enforcing child labor laws, but did not always enforce 
these laws effectively. The inspectorate, however, made little progress 
toward implementing an inspection regime or the requirements of the 
labor code, and its work was reportedly undermined by corruption.

    e. Acceptable Conditions of Work.--The Government sets the minimum 
wage by decree. The monthly minimum wage of 25,000 drams (approximately 
$81), as fixed by the state budget, did not provide a decent standard 
of living for a worker and family. Many private sector employees were 
unable to obtain paid leave and were required to work far more than 
eight hours a day. According to representatives of some employment 
agencies, many employers also hired an employee for a ``probationary'' 
period of 10-30 days, during which the employee was not paid. Often 
these employees were subsequently fired, but, because their initial 
employment was illegal, they were unable to claim payment for the time 
they worked. Evidence also suggested that some private sector employers 
underreported the size of their staff to avoid paying taxes.
    The law sets the workweek at 40 hours and provides for mandatory 
vacation of 28 calendar days annually as well as overtime compensation; 
however, these standards were not effectively enforced. In the mining 
sector, employers allowed limited sick leave with the presentation of a 
medical certificate. There were reports that employers fired employees 
who took extended sick leave.
    Workers had the legal right to remove themselves from work 
situations that endangered health and safety, but they were unlikely to 
do so because such an action would place their employment at risk. As 
required by law, the Government has set occupational and health 
standards. The State Labor Inspectorate is responsible for enforcing 
occupational health and safety standards, but did not do so 
effectively.

                               __________

                                AUSTRIA

    Austria is a parliamentary democracy with constitutional power 
shared between a popularly elected president and the bicameral Federal 
Assembly (parliament). The country's eight million citizens choose 
their government representatives in periodic, free, and fair multiparty 
elections. In 2004 voters elected Heinz Fischer of the Social 
Democratic Party (SPO) to a six-year term as president. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were some 
reports of excessive use of force by police and anti-Semitic incidents, 
including physical attacks, property damage, threatening letters, 
telephone calls, and Internet postings. There was some societal 
discrimination against Muslims and members of unrecognized religious 
groups, particularly those considered ``sects.'' Violence against 
women, child abuse, and trafficking in women and children for 
prostitution and labor also remained problems. There were incidents of 
neo-Nazi and right-wing extremism and xenophobia directed against 
members of minority groups.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports that police beat and abused persons.
    In 2007 there were 1,108 public complaints against federal police 
officials, including 504 charges for mistreatment. According to 
government statistics, authorities ruled 192 to be ``justified'' or 
``partly justified,'' while the remainder were dismissed. Disciplinary 
or related measures were taken against 85 officers.
    In an August report, the UN Committee for Elimination of Racial 
Discrimination expressed concern over ``reports of police brutality 
toward persons of African descent or from the Roma minority.''
    In August the media reported two individual incidents of suspected 
police mistreatment. In one case in Vienna, two police officers 
reportedly beat a 45-year-old Serb sociologist in Vienna. The two 
officers were suspended from duty the following day and were awaiting 
trial at year's end.
    In reaction to charges of police mistreatment, the Interior 
Ministry in June began requiring that all such allegations be reported 
to the public prosecutor within 24 hours as well as to the ministry's 
internal auditing office. The allegations must also be communicated to 
the ministry's Human Rights Advisory Council.

    Prison and Detention Center Conditions.--Conditions in prisons and 
detention centers did not always meet international standards. 
Overcrowding remained a problem in some institutions. A 2006 report by 
the Human Rights Advisory Council described conditions facing aliens 
prior to deportation as ``questionable from a human rights point of 
view,'' and, at times, ``not in conformity with human rights 
standards.'' There were no indications that authorities made changes in 
response to these criticisms.
    Some human rights observers criticized the incarceration of 
nonviolent offenders, including persons awaiting deportation, for long 
periods in single cells or inadequate facilities designed for temporary 
detention.
    Nongovernmental organizations (NGOs) monitored prisons on a regular 
basis.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and information available during the year 
suggested that the Government generally observed these prohibitions; 
however, the strict application of slander laws tended to discourage 
reports of police abuse.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police and army, and the 
Government has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.
    Some police violence appeared to be racially motivated. In 2007 the 
Austrian chapter of Amnesty International (AI) and the UN human rights 
rapporteur, Manfred Novak, again criticized as too lenient the 
sentences given to four police officers who were convicted for 
mistreating a Gambian asylum seeker, Bakary J., in 2006. The officers 
received sentences of six to eight months in prison. Novak called for 
introduction of a special torture article into the criminal code to 
address the problem.
    In March 2007 the Vienna police, the country's largest police 
organization, installed a human rights coordinator to educate and 
sensitize police officers to human rights. UN rapporteur Novak called 
for more police training programs and greater independence of the Human 
Rights Advisory Council.
    NGOs and other groups continued to criticize the police for 
targeting minorities. Racial sensitivity training for police and other 
officials continued with NGO assistance. The Human Rights Advisory 
Council monitored police respect for human rights and made 
recommendations to the interior minister.

    Arrest and Detention.--In criminal cases the law allows 
investigative or pretrial detention for up to 48 hours, during which a 
judge may decide to grant a prosecution request for extended detention. 
The law specifies the grounds for investigative detention and 
conditions for bail. The judge is required to evaluate such detention 
periodically. Maximum duration for investigative detention is two 
years. There is a bail system. Police and judicial authorities 
respected these laws and procedures in practice.
    Some human rights and judicial experts criticized the pretrial 
detention of animal rights activist Manfred Balugh in 2008. Balugh was 
released from preliminary detention in September after a Vienna 
appellate court had ruled the duration of the detention was 
``disproportionate to the charges.'' Some law experts called for a 
review of an article in Austria's criminal code designed to target 
collusion of suspected terrorists, but which, according to law experts, 
has been improperly applied to charges not connected with terrorism.
    Similarly, some law experts criticized the long length of the 
prison sentence of Mona S., the wife of convicted Islamist Mohammed M. 
In 2007 the couple was sentenced to prison terms of four years 
(Mohammed M.) and 22 months (Mona S.) for making terrorist threats 
against the Government and placing a threatening video on the Internet.
    Detainees have the right to access a lawyer. While indigent 
criminal suspects have the right to an attorney, an attorney may, in 
accordance with the criminal procedure code, be appointed only after a 
court has decided to remand such suspects into custody, i.e., 96 hours 
after their apprehension. Following its most recent periodic visit to 
the country in 2004, the Council of Europe's Committee for the 
Prevention of Torture noted that, while some provincial bar 
associations were trying to organize legal aid to indigent suspects, 
there were not enough lawyers interested in criminal matters, financial 
arrangements (to provide legal counsel) were inadequate, and lawyers 
were not available around the clock. The committee concluded that, ``as 
long as there is no effective system of free legal aid for indigent 
persons at the stage of police custody, any right of access to a lawyer 
at that stage will remain, in most cases, purely theoretical.''

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. A system of 
judicial review provides multiple opportunities for appeal. Trials must 
be public and conducted orally. Persons charged with criminal offenses 
are considered innocent until proven guilty. Defendants have the right 
to be present during trials. Defendants can confront or question 
witnesses against them and present witnesses and evidence on their 
behalf. Defendants and their attorneys have access to government-held 
evidence relevant to their cases.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including an appellate 
system. These institutions are accessible to plaintiffs seeking damages 
for human rights violations.

    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 press, and the Government generally respected 
these rights in practice. The independent media were active and 
expressed a wide variety of views with a few restrictions.
    The law prohibits public denial, belittlement, approval, or 
justification of National Socialist genocide or other National 
Socialist crimes against humanity in a print publication, in broadcast, 
or in other media. The law prohibits public incitement to hostile acts 
against a church, religious society, or group because of its race, 
nationality, or ethnicity, if that incitement poses a danger to public 
order. It also prohibits incitement, insult, or contempt against these 
groups if it violates human dignity.
    Strict libel laws discouraged reporting of governmental abuse. In 
2006 the International Federation of Journalists and its European 
regional group, the European Federation of Journalists, called on 
Austrian legislators to review their libel laws after a decision by the 
European Court of Human Rights (ECHR) overturned defamation judgments 
brought by officials against the newspaper Der Standard. The ECHR's 
decision stated that the original court's finding violated the freedom 
of expression provisions of the European Convention on Human Rights to 
which the country is a party.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups engaged in the peaceful 
expression of views via the Internet, including by e-mail. According to 
2008 data, 71 percent of the population between the ages of 16 and 74 
used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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; however, 
religious minority groups widely regarded as sects complained about 
second-class status.
    The law divides religious organizations into three legal 
categories: officially recognized religious societies, religious 
confessional communities, and associations. Numerous unrecognized 
religious groups complained that the law obstructs legitimate claims 
for recognition and relegates them to second-class status. In July the 
ECHR decided a 2003 complaint by Jehovah's Witnesses challenging the 
legality of the requirement that a group must exist for 10 years before 
it can be recognized by the Government. The ECHR found that this 
violated the European Human Rights Convention's provisions on freedom 
of thought, conscience, and religion, on prohibition of discrimination, 
and on the right to a fair hearing within a reasonable time. This was 
one of seven cases before the ECHR involving the country and the 
Jehovah's Witnesses organization.
    One of the two parties in the coalition that governed the country, 
the conservative Austrian People's Party (OVP), denied party membership 
to members of some unrecognized religious groups that it defined as 
``cults'' (e.g., Scientologists), whose view of mankind it believed 
differs fundamentally from its own, whose opinions were said to be 
irreconcilable with OVP ethical principles, or that the OVP considered 
opposed to basic rights granted by ``progressively minded'' 
constitutional states and an open society.
    The city of Vienna and the Lower Austrian government funded a 
counseling center run by a controversial NGO, the Society against Sect 
and Cult Dangers (GSK), which actively worked against alleged sects and 
cults. The GSK distributed information to schools and the general 
public and offered counseling to persons who believed that sects and 
cults had negatively affected their lives.
    The Federal Office of Sect Issues functioned as a counseling center 
for those who had questions about sects and cults. While the office is 
legally independent of the Government, the minister for health, family, 
and youth supervised its director. Some members of the public believed 
the Office of Sect Issues and similar government offices fostered 
societal discrimination against unrecognized religious groups.

    Societal Abuses and Discrimination.--There was some societal 
discrimination against members of unrecognized religious groups, 
particularly those considered to be cults or sects. The majority of 
these groups had fewer than 100 members. The Church of Scientology and 
the Unification Church were among the larger unrecognized groups.
    Muslims complained about incidents of societal discrimination and 
verbal harassment, including occasional incidents of discrimination 
against Muslim women wearing headscarves in public.
    There was a public debate on the question of erecting minarets 
throughout the year. Zoning laws in two provinces, Carinthia and 
Vorarlberg, were amended to make it more difficult to build minarets 
that ``conflict with the traditional appearance'' of towns. There was 
also significant public opposition to the expansion of a Turkish Muslim 
center in Vienna.
    Following the elections in September, unknown perpetrators sprayed 
Jewish symbols on 90 Muslim graves in Traun near Linz. Authorities 
speculated but could not confirm that the perpetrators were right-wing 
extremists and that the vandalism was related to the elections.
    The Jewish community numbered approximately 7,700. The NGO Forum 
Against Anti-Semitism reported 46 anti-Semitic incidents during the 
year, including one physical attack, as well as name-calling, graffiti 
and defacement, threatening letters, anti-Semitic Internet postings, 
property damage, and vilifying letters and telephone calls.
    The law prohibits any form of neo-Nazism or anti-Semitism or any 
activity in the spirit of Nazism. It also prohibits public denial, 
belittlement, approval, or justification of Nazi crimes, including the 
Holocaust. The law prohibits public incitement to hostile acts against 
a church, religious society, or group because of its race, nationality, 
or ethnicity, if that incitement poses a danger to public order or 
violates human dignity. The Government strictly enforced these laws. 
The Vienna Jewish community's offices and other Jewish community 
institutions in the country, such as schools and museums, received 
extra police protection.
    School curricula fostered discussion of the Holocaust and the 
tenets of different religions and advocated religious tolerance. The 
Education Ministry offered special teacher-training seminars on 
Holocaust education.
    An ombudsman for equality had responsibility for combating 
workplace discrimination of various kinds, including against religion. 
In 2007, 64 cases of discrimination based on religion were brought 
before the Equal Rights Commissioner.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not use it 
in practice.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum. It 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. Member 
states of the European Union (EU) and other signatories to the 1951 
convention were considered safe countries of transit.
    Since 2006 authorities have given the appellate body for asylum 
applications, the Independent Federal Asylum Senate, more resources to 
help address a large backlog of cases and accelerate its proceedings.
    A Council of Europe report subsequent to a fact-finding visit to 
the country in May 2007 by the council's human rights commissioner, 
Thomas Hammarberg, expressed concern over the treatment of asylum 
seekers. In particular, the report noted critically the increasing use 
of predeportation arrest for asylum seekers by authorities and 
``overall conditions'' for asylum seekers. The report further 
criticized inadequate legal measures to prevent racism and xenophobia.
    Immediately following the December 2007 accession to the Schengen 
area of countries bordering on the east of Austria, there was a surge 
in the number of asylum seekers. The number of refugees at the 
reception center south of Vienna increased from 300 to 700. Hundreds of 
emergency beds were set to accommodate the inflow. Among them were 250 
Chechens who came to Austria illegally and were already seeking asylum 
in Poland; they were identified by the EURODAC fingerprinting/
registration system and returned under the Dublin Convention.
    In July a new federal asylum court with a sizeable number of 
additional staff was instituted to replace the Independent Federal 
Asylum Senate. Rejected asylum seekers no longer have recourse to the 
Supreme Administrative Court, but when they allege a breach of the 
European Convention on Human Rights and Individual Freedoms, they can 
appeal to the Constitutional Court. In June the Constitutional Court 
upheld the right of authorities to detain asylum seekers when there was 
evidence to suggest that Austria was not the country responsible for 
adjudicating their asylum claims under the Dublin Convention.
    The problem of drawn-out processing times and frequent appeals was 
highlighted in September by the highly publicized ``saga of Arigona,'' 
concerning a 15-year-old ethnic Albanian from Kosovo who went into 
hiding and threatened to commit suicide after her father and four 
siblings, who had been living in Austria and seeking asylum since 2002, 
were returned to Kosovo in close coordination with the UN.
    The Government did not provide temporary protection during the year 
to any individuals who did not qualify as refugees under the 1951 
convention or 1967 protocol.
    From 2005 to 2007, following the introduction of stricter detention 
and removal policies, asylum applications dropped over 50 percent, from 
22,461 in 2005 to 11,879 in 2007. The pattern continued during 2008: In 
the first six months of the year, asylum claims totaled 5,344, down 6.4 
percent compared with same period a year earlier. During this period 
the largest groups of first-time applicants were from Serbia (580), 
Moldova (540), Russia (477), Nigeria (341), and Turkey (258).
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.

    Elections and Political Participation.--The country held 
parliamentary elections on September 28; there were no reports of 
serious abuse or irregularities.
    Political parties could operate without restriction or outside 
interference.
    The Federal Assembly consists of the National Council (popularly 
elected) and the Federal Council (named by the federal states). There 
were 52 women in the 183-seat National Council and 16 women in the 62-
member Federal Council. There were five women in the 14-member Council 
of Ministers (cabinet).
    There appeared to be relatively little representation of ethnic 
minorities at the national level. Following the September 28 elections, 
a Muslim woman entered the Federal Assembly for the Green Party.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively.
    In February the former head of the Federal Crime Investigation 
Office, Herwig Haidinger, publicly accused senior officials of the 
Ministry of Interior of corrupt practices, including obtaining 
confidential information on a banking scandal so it could be used for 
political purposes, ordering police to collect information that could 
be used to discredit the lawyer defending a prominent Kosovo-born 
asylum applicant against deportation, misusing public funds at a Vienna 
sex bar, and asking police to cover up a drunk driving incident. An ad 
hoc parliamentary investigation panel failed to find conclusive 
evidence to substantiate or corroborate Haidinger's charges. Haidinger 
was suspended from duty in November. Meanwhile, Haidinger filed two 
charges before court, one against his suspension from duty, the other 
against the OVP (the party heading the interior ministry) for 
accusations against him in connection with the parliamentary 
investigation.
    There are financial disclosure laws for public officials. The 
courts are responsible for corruption cases. Parliamentary committees 
oversee ethics rules for elected officials.
    The law provides for full public access to government information, 
and the Government generally respected this provision in practice. 
Authorities may only deny access if it would violate substantial data 
protection rights or would involve national security information. 
Petitioners could challenge denials before the Administrative Court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were somewhat cooperative and responsive to their views, but some 
groups were dissatisfied with the information supplied by authorities 
in response to specific complaints.
    The case of 95-year-old Milivoj Asner, a former police chief in 
eastern Croatia indicted by Croatian authorities in 2005 for crimes 
against humanity, continued to develop during the year. Asner, who 
allegedly was personally responsible for the persecution and 
deportation of hundreds of thousands of Serbs, Jews, and Roma to 
concentration camps, lives in Austria. Croatia requested his 
extradition, but an examination by an Austrian psychiatric expert found 
Asner not competent to stand trial, and Austrian officials declined the 
extradition request. In response to Croatian appeals, the prosecutor's 
office appointed a Swiss expert to reexamine Asner. The expert 
reportedly declined the appointment, and the court subsequently 
requested examination by a German expert. Meanwhile, Serbian 
authorities opened investigations against Asner.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for protection against discrimination based on 
race, gender, disability, language, or social status, and the 
Government generally enforced these provisions; however, violence 
against women, child abuse, trafficking in persons, and racial 
discrimination continued to be problems.

    Women.--Under the law, rape, including spousal rape, is punishable 
with up to 15 years in prison. The Government generally enforced the 
law.
    Violence against women, including spousal abuse, was a problem. The 
Women's Ministry estimated that 10 percent of adult women have suffered 
from violence in a relationship. However, fewer than 10 percent of 
abused women filed complaints. By law police may expel abusive family 
members from family homes for up to three months. In 2007 the courts 
issued injunctions prohibiting abusive family members from returning 
home in 6,347 cases.
    The Government funded privately operated intervention centers and 
help lines for victims of domestic abuse. The centers provided for 
victims' safety, assessed the threat posed by perpetrators, helped 
victims develop plans to stop the abuse, and provided legal counseling 
and other social services. In the view of most observers, these centers 
were generally effective in providing shelter for victims of abuse. 
However, in September 2007 the UN Committee for the Elimination of 
Discrimination Against Women criticized the Government for insufficient 
measures to protect women, citing two cases in 2002 and 2003 in which 
women were killed after they had filed complaints with police. In 
reaction, Justice Minister Maria Berger announced measures to improve 
protection of women against violence, including additional training for 
law enforcement and justice personnel.
    Prostitution is legal; however, trafficking, including for the 
purposes of prostitution, was illegal and was a problem. Laws 
regulating prostitution require prostitutes to register, undergo 
periodic health examinations, and pay taxes.
    There are laws prohibiting sexual harassment, and the Government 
generally enforced them. Of the 3,090 cases of discrimination brought 
to the ombudsman for equal treatment of gender in 2007, 389 involved 
sexual harassment. The labor court can order employers to compensate 
victims of sexual harassment on the basis of the Federal Equality 
Commission's finding on the case; the law provides that a victim is 
entitled to a minimum of 700 euros ($980) in financial compensation.
    Women enjoy the same legal rights as men, and the Federal Equality 
Commission and the ombudsman for equal treatment of gender oversee laws 
requiring equal treatment of men and women. However, woman's average 
earnings were 83 percent of those of men doing the same work. In 
addition, women were disproportionately represented among those 
unemployed for extended periods and were more likely than men to hold 
temporary positions and part-time jobs.
    Although labor laws provide for equal treatment of women in the 
civil service, women remained underrepresented. The law requires the 
Government to hire women of equivalent qualifications ahead of men in 
all civil service areas in which fewer than 40 percent of the employees 
are women, including police. There are no penalties, however, for 
agencies that fail to attain the 40-percent target.
    Female employees in the private sector may invoke equality laws 
prohibiting discrimination of women. On the basis of the Federal 
Equality Commission's findings, labor courts may award compensation of 
up to four months' salary to women who experienced discrimination in 
promotion because of their gender. The courts may also order 
compensation for women who were denied a post despite having equal 
qualifications.

    Children.--The law provides for the protection of children's 
rights, and the Government was committed to children's rights and 
welfare. All state governments and the federal Ministry for Social 
Welfare, Generations, and Consumer Protection, have ombudsmen for 
children and adolescents whose main function is to resolve complaints 
about violations of children's rights. The ombudsman provides free 
legal counseling to children, adolescents, and parents on a wide range 
of problems, including child abuse and domestic violence.
    Child abuse remained a problem, and the Government continued its 
efforts to monitor abuse and prosecute offenders. The Ministry for 
Social Welfare, Generations, and Consumer Protection estimated that 90 
percent of child abuse was committed by close family members or family 
friends. Law enforcement officials noted a growing readiness to report 
abuse cases. According to authorities, approximately 20,000 incidents 
of abuse are reported annually. Trafficking of children remained a 
problem.
    There were occasional cases during the year in which child marriage 
was suspected, primarily in the Muslim and Romani communities. However, 
such cases were undocumented. Some male immigrants married underage 
girls in their home countries and returned to Austria with them.
    The law provides up to 10 years in prison for an adult convicted of 
sexual intercourse with a child under 14. If the victim becomes 
pregnant, the sentence may be extended to 15 years. In 2006 the 
Ministry of the Interior reported 1,209 cases of child abuse, most 
involving intercourse with a minor, while the Ministry of Justice 
reported 570 convictions. The law provides for criminal punishment for 
possessing, trading, and private viewing of child pornography. 
Exchanging pornographic videos of children is illegal. A police 
campaign against Internet child pornography from the fall of 2006 
through August 2007 involved approximately 5,000 suspects in 106 
countries. The investigation, under the name ``operation penalty,'' 
began following charges filed against a German Internet provider. 
Austrian suspects included a medical doctor, a soccer coach, and a 
teacher. In 2007 an official of the Federal Crime Office who was 
suspected of having downloaded child pornography on his home computer 
was suspended from office.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, persons were trafficked to, through, from, and 
within the country. Women were trafficked for commercial sexual 
exploitation and domestic service, and children were trafficked for 
begging, stealing, and for commercial sexual exploitation.
    Austria was a transit and destination country for women trafficked 
from Romania, Ukraine, Moldova, the Balkans, and, to a lesser extent, 
the Czech Republic, Slovakia, Hungary, Belarus, and Africa. Victims 
were trafficked through the country to Spain, Italy, France, and other 
EU countries. There were reports that Romani children were trafficked 
to Austria from Bulgaria and Romania, although the number has decreased 
substantially since 2006 as a result of government cooperation with 
Romania and Bulgaria in setting up crisis centers for trafficked 
children. Women were trafficked into the country primarily for sexual 
exploitation. Women also were trafficked from Asia and Latin America 
for domestic labor.
    Vienna had the largest number of trafficking cases, although 
trafficking was a problem in urban centers such as Graz, Linz, 
Salzburg, and Innsbruck. The NGO Lateinamerikanische Frauen in 
Oesterreich-Interventionsstelle fuer Betroffene des Frauenhandels 
(LEFOE-IBF) reported assisting 108 trafficking victims in 2006, down 
from 151 in 2005.
    Traffickers included citizens, who were generally connected with 
licensed brothels, and foreign nationals, who were involved primarily 
with unlicensed brothels. Authorities estimated that organized crime 
groups from Eastern Europe, including Russia, controlled much of the 
trafficking. Police were also aware of cooperation between domestic and 
foreign citizens to traffic foreign prostitutes through the country.
    Most trafficked women were brought to the country with promises of 
unskilled jobs, such as nannies or waitresses. Upon arrival they were 
often coerced into prostitution. According to police, there also were 
some women who knowingly entered the country to work as prostitutes but 
were forced into dependency akin to slavery. Most victims were in the 
country illegally and feared being turned over to authorities and 
deported. Traffickers usually retained victims' official documents, 
including passports, to maintain control over them. Victims reported 
being subjected to threats and physical violence. A major deterrent to 
victim cooperation with authorities was fear of retribution, both in 
Austria and in the victims' countries of origin.
    The law permits the prosecution of traffickers for prostitution by 
means of deception, coercion, or the use of force, and trafficking for 
the purposes of slavery. Laws forbidding the exploitation of labor and 
the exploitation of aliens are also used against traffickers. 
Trafficking is punishable by up to 10 years in prison. In 2007 there 
were 81 trafficking cases involving 220 suspects and 87 convictions. 
Trafficking for slavery is punishable by imprisonment for 10 to 20 
years.
    The Federal Bureau for Criminal Affairs, a division of the Ministry 
of the Interior, is responsible for combating trafficking. Contact with 
authorities in countries of origin facilitated prosecution of suspected 
traffickers. During the year there were no reports that the Government 
extradited any persons wanted for trafficking crimes in other 
countries.
    Residence permits were generally issued on humanitarian grounds to 
trafficking victims. Victims had the possibility of continued residence 
if they met the criteria for residence permits.
    LEFOE-IBF provided secure housing and other support for trafficking 
victims. The IOM also sought to put victims in contact with NGOs in 
their countries of origin upon their return. With financial assistance 
from the Ministry of the Interior, LEFOE-IBF continued to operate a 
center in Vienna that provided psychological, legal, and health-related 
assistance, emergency housing, and German language courses to 
trafficked women. The federal and local governments funded NGOs that 
provided assistance in other cities.
    The Government worked with international organizations to carry out 
prevention programs throughout the region. The Government funded 
research on trafficking and NGOs produced antitrafficking brochures and 
organized law enforcement workshops and international conferences 
funded with the help of private donors.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law protects persons with physical 
and mental disabilities from discrimination in housing, education, 
employment, and access to health care and other government services. 
The Government's performance in enforcing these provisions was mixed. 
There were no reports of societal discrimination against persons with 
disabilities.
    Federal law mandates access to public buildings for persons with 
physical disabilities; however, many public buildings lacked such 
access due to insufficient enforcement of the law and low penalties for 
noncompliance.
    The law provides for involuntary sterilization of adults with 
mental disabilities in cases where a pregnancy would be considered 
life-threatening. However, authorities have performed no involuntary 
sterilizations in recent years. The law prohibits the sterilization of 
minors.
    The Government funded a wide range of programs for persons with 
disabilities, including provision of transportation and assistance for 
integrating school children with disabilities into regular classes and 
integrating employees with disabilities into the workplace.

    National/Racial/Ethnic Minorities.--In 2007 the Ministry of the 
Interior recorded 240 neo-Nazi, right-wing extremist, and xenophobic 
incidents directed against members of minority groups. The Government 
continued to express concern over the activities of extreme right-wing 
skinhead and neo-Nazi groups, many with links to organizations in other 
countries.
    In 2007 the domestic NGO Zivilcourage und Anti-Rassismus Arbeit 
recorded 831 cases of alleged racial discrimination. In August the UN 
Committee on the Elimination of Racial Discrimination released a report 
listing 20 points of criticism and recommendations to the Government to 
address discrimination, in particular toward minorities, migrants, and 
asylum seekers.
    Human rights groups reported that Roma faced discrimination in 
employment and housing. However, the situation of the Romani community, 
estimated at over 6,200 indigenous and 15-20,000 nonindigenous 
individuals, significantly improved in recent years according to the 
head of the Austrian Roma Cultural Association. Government programs, 
including financing for tutors, have helped school-aged Romani children 
move out of ``special needs'' and into mainstream classes. The 
Government also initiated programs in recent years to document the 
Romani Holocaust and compensate its victims.
    NGOs reported that Africans living in the country experienced 
verbal harassment in public. In some cases black Africans were 
stigmatized as being involved in the drug trade and other illegal 
activities.
    The law recognizes Croats, Czechs, Hungarians, Roma, Slovaks, and 
Slovenes as national minorities. It requires any community where at 
least 25 percent of the population belongs to one of these groups to 
provide bilingual town signs, education, media, and access to federal 
funds earmarked for such minorities. The law affected 148 communities. 
During the year the Government did not reach a decision on the 
implementation of a 2001 Constitutional Court ruling on lowering the 25 
percent threshold. Full recognition of the Slovene minority remained a 
problem. For example, the governor of the state of Carinthia refused to 
implement rulings by higher courts that gave certain rights to the 
Slovene minority.
    The Government continued training programs to combat racism and 
educate the police in cultural sensitivity. The Ministry of the 
Interior renewed an agreement with the Anti-Defamation League to teach 
police officers cultural sensitivity, religious tolerance, and the 
acceptance of minorities.

    Other Societal Abuses and Discrimination.--There was some societal 
prejudice against gays and lesbians; however, there were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join independent unions without prior authorization or 
excessive requirements, and workers exercised this right in practice. 
No workers were prohibited from joining unions. An estimated 36 percent 
of the work force was organized into nine national unions belonging to 
the Austrian Trade Union Federation (OGB).
    The law does not explicitly provide a right to strike; however, the 
right is recognized in practice. The law prohibits retaliation against 
strikers, and the Government effectively enforced the law.

    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 labor force worked under a collective bargaining agreement. The OGB 
was exclusively responsible for collective bargaining.
    There were no reports of antiunion discrimination or other forms of 
employer interference in union functions.
    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 women were trafficked for sexual exploitation and domestic 
labor and that children were trafficked for begging and possibly sexual 
exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace and to prohibit forced or compulsory labor, and the 
Government generally enforced these laws and policies effectively. The 
minimum legal working age is 15 years. The Labor Inspectorate of the 
Ministry of Social Affairs is responsible for enforcement.
    There were reports of trafficking of children for begging and 
possibly sexual exploitation.

    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 12,000 to 14,000 euros ($16,800 to 
$19,600), and it provided a decent standard of living for a worker and 
family. An estimated 10,000 to 20,000 workers earned wages below this 
level.
    The law limits standard working hours to eight 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. The law requires 
compulsory time off on weekends and official holidays. An employee must 
have at least 11 hours off between workdays. Authorities effectively 
enforced these provisions. Foreign workers make up approximately 13 
percent of the country's workforce. Standards are equitably enforced 
across all groups.
    The law limits overtime to five hours per week and to 60 hours per 
year; however, authorities did not enforce these laws and regulations 
effectively, and some employers exceeded legal limits on compulsory 
overtime. Collective bargaining agreements can specify higher limits.
    The Labor Inspectorate regularly enforced laws that provide for 
mandatory occupational health and safety standards. Workers could file 
complaints anonymously with the Labor Inspectorate, which could bring 
suit against the employer on behalf of the employee. However, workers 
rarely exercised this option and normally relied instead on the 
chambers of labor, which filed suits on their behalf. The law gives 
workers the right to remove themselves from a job without incurring any 
prejudice to their careers if they fear serious, immediate danger to 
life and health, and the Government effectively enforced this law.

                               __________

                               AZERBAIJAN

    Azerbaijan is a republic with a population of approximately 8.2 
million and a presidential form of government. Legislative authority is 
vested in the Milli Majlis (National Assembly). In practice the 
president dominated the executive, legislative, and judicial branches 
of government. Ilham Aliyev, the son of former president Heydar Aliyev, 
was reelected president for a second term in October in a process that 
did not fully meet international standards for a democratic election. 
Election shortcomings included serious restrictions on political 
participation and the media, pressure and restrictions on observers, 
and flawed vote counting and tabulation processes. Although there were 
more than 50 political parties, the ruling Yeni Azerbaijan Party 
continued to dominate the political system. Ethnic Armenian 
separatists, with Armenia's support, continued to control most of the 
Nagorno-Karabakh region of the country and seven surrounding 
Azerbaijani territories. The Government did not exercise any control 
over developments in those territories. Civilian authorities generally 
maintained effective control of the security forces. Members of the 
security forces at national and local levels committed numerous human 
rights abuses.
    The Government's human rights record remained poor and worsened in 
some areas. The public's right to peacefully change the Government was 
restricted in the October presidential election. Torture and beating of 
persons in police and military custody resulted in three deaths, and 
law enforcement officials acted with impunity. Prison conditions were 
generally harsh and life threatening. Arbitrary arrest and detention, 
particularly of individuals considered by the Government to be 
political opponents, and lengthy pretrial detention continued. The 
Government continued to imprison persons for politically motivated 
reasons. Pervasive corruption, including in the judiciary and law 
enforcement, continued. Restrictions on freedom of assembly continued, 
particularly in terms of political organizing, peaceful protests, and 
religious activity. Restrictions and pressure on the media and 
restrictions on political participation worsened. The Government 
imposed restrictions on the activities of some unregistered Muslim and 
Christian groups. Cases of violence against women were also reported. 
Trafficking in persons for sexual exploitation and forced 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.--The Government or 
its agents did not commit any arbitrary or unlawful killings; however, 
human rights monitors reported that three prisoners died in police or 
military custody due to alleged abuse and mistreatment.
    On January 6, Rashad Haziyev was found hanged in the restroom of 
the Kurdamir police station after being arrested for narcotics 
possession. Witnesses stated that the police had earlier threatened to 
hang him unless he confessed to his alleged crime.
    On August 31, Mahammad Rahimov was found dead outside of a police 
station in Goranboy district after being held in connection with a 
domestic violence allegation. There was credible evidence that he died 
because authorities had beaten him in custody.
    On October 21, Zaur Mammadov was found hanged in the restroom of a 
police station in Lankaran district after being arrested for narcotics 
possession. Mammadov's mother had been asked for a bribe in exchange 
for his release; two hours after she refused the bribe, Mammadov was 
found dead.
    The Government reported 59 deaths of military conscripts in 2007, 
which it attributed to a variety of diseases and injuries, but did not 
provide a figure for 2008.
    Ethnic Armenian separatists, with Armenia's support, continued to 
control most of the Nagorno-Karabakh region of Azerbaijan and seven 
surrounding Azerbaijani territories. During the year shootings along 
the militarized line of contact separating the sides as a result of the 
Nagorno-Karabakh conflict again resulted in numerous casualties on both 
sides. The Ministry of Foreign Affairs did not provide civilian 
casualty figures along the line of contact for the year.
    According to the national agency for mine actions, landmines killed 
six persons and injured 14 others in 2007. Two of the dead and three of 
the injured were civilians. A domestic nongovernmental organization 
(NGO), the Azerbaijan Campaign to Ban Landmines, reported that 
landmines killed 10 persons and injured 18 others during the year. Five 
of the dead and eight of the injured were civilians. Figures for 2008 
were not available at year's end.

    b. Disappearance.--During the year there were no reports of 
politically motivated disappearances. However, there were reports of 
disappearances in connection with the conflict in Nagorno-Karabakh.
    The International Committee of the Red Cross (ICRC) continued to 
actively process cases of persons missing in connection with the 
Nagorno-Karabakh conflict and worked with the Government to develop a 
consolidated list of missing persons. According to the ICRC, during the 
year the number of persons confirmed missing increased from 4,416 to 
4,478. The ICRC reported that it opened investigations into 95 new 
missing persons cases during the year. The ICRC signed a framework 
agreement with the Government on the collection of ante mortem data 
during the year, and collection was ongoing in the Baku area at year's 
end. The information, which was gathered from families on both sides of 
the line of contact as well as in Armenia, was meant to assist state 
commissions in the identification of human remains. During the year 
ante mortem data had been collected on 777 persons.
    The ICRC continued to pay special attention to prisoners of war and 
civilian internees (POW/CI) and conducted visits throughout the year to 
ensure their protection under international humanitarian law. ICRC 
often provided clothing, toiletries, and other assistance during these 
visits. The ICRC regularly facilitated the exchange of Red Cross 
messages between POWs/CIs and their families to reestablish contact 
and, on several occasions, paid transportation costs for families of 
missing persons to the ICRC office in Baku. Upon the request of and 
with full cooperation by the Government, the ICRC facilitated the 
transfer of two persons and the repatriation of three persons between 
Armenia and Azerbaijan during the year.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and criminal code prohibit such practices 
and provide for penalties of up to 10 years' imprisonment; however, 
there were credible reports that security forces beat detainees to 
extract confessions and military personnel physically abused 
subordinates. A domestic human rights monitor reported that the number 
of persons tortured in custody by security forces increased from 63 in 
2007 to 80 during the year. Impunity remained a problem.
    On October 18, prison guards severely beat Azadliq newspaper 
correspondent Sakit Zahidov at correctional facility No. 14. 
Penitentiary officials alleged that Zahidov initiated an incident by 
refusing a haircut and that the incident was therefore his fault.
    On October 20, two sergeants from the Internal Affairs Ministry 
troops, Vuqar Agayev and Eldaniz Rahimov, were arrested for beating 
subordinates. The commander and deputy commander of the unit were 
dismissed, and an investigation into the incident was ongoing at year's 
end.
    According to the Ministry of Internal Affairs, authorities punished 
207 officers for human rights abuses and criminally prosecuted six 
police officers for these violations in 2007. The Government did not 
provide statistics at year's end.
    During the year the Government did not punish Internal Affairs 
Ministry officials for police abuse, misconduct, or excessive use of 
force at a peaceful opposition demonstration in 2005, nor was any 
action expected. Viliyat Eyvazov, one of the senior officers allegedly 
involved in police abuse and misconduct in the aftermath of the 2003 
presidential election, continued to serve as deputy minister of 
internal affairs following his 2005 promotion.
    At year's end the Government had yet to fully implement the 2007 
verdict of the European Court of Human Rights (ECHR) regarding the case 
of Sardar Jalaloglu, who was abused in police custody in 2003. While 
the Supreme Court overturned Jalaloglu's conviction and he received the 
10,000 euros (approximately $14,000) awarded by the ECHR in 
compensation, the persons who mistreated Jalaloglu had not been brought 
to justice as required in the judgment.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and life threatening despite continuing prison infrastructure 
improvements.
    Overcrowding, inadequate nutrition, and poor medical care combined 
to make the spread of infectious diseases a serious problem. Despite 
recent improvements to prison infrastructure, prisons, which were 
generally Soviet-era facilities, did not meet international standards. 
In maximum-security facilities, authorities limited physical exercise 
for prisoners as well as visits by attorneys and family members. Some 
pretrial detainees were reportedly held in ``separation cells,'' which 
were often located in basements to conceal evidence of physical abuse. 
Food and sleep reportedly were denied in these cells to elicit 
confessions.
    Since the October 2007 appointment of Kazim Abdullayev as the chief 
of Qobustan jail, prisoners and human rights groups reported numerous 
human violations. According to these sources, prison officials made 
death threats to prisoners, stripped them of their clothes, soaked them 
with cold water, malnourished them, denied them contact with friends 
and family, denied them medical treatment, handcuffed them in 
punishment cells for weeks at a time, and routinely beat them. Hamid 
Suleymanov, investigation department chief of the Penitentiary 
Services, stated that he found no proof of these violations. Prisoners 
responded to his assertion with hunger strikes; 15 inmates did so in 
January. They viewed hunger strikes as their only option to raise 
awareness of the situation in Qobustan.
    The Justice Ministry reported that in April a new, multi-sector 
prison opened in the Nakhchivan Autonomous Republic. At year's end, new 
detention facilities were under construction in Lankaran, Shakhi and 
the Zabrat district of Baku-the latter a women's and juvenile facility-
and cost estimates had been completed for new facilities in Ganja and 
Umbaki. The Government selected plots of land for a planned facility in 
Kurdamir. The Government renovated 15 prisons and one jail during the 
year.
    Harsh prison conditions resulted in numerous deaths; the Justice 
Ministry reported that 130 persons died in detention during the year, a 
6.6 percent increase from the number of deaths in detention in 2007. 
According to the ministry, 126 persons in detention died from natural 
causes, 107 of which occurred at medical facilities, and four persons 
committed suicide. The Ministry of Internal Affairs did not provide 
data at year's end but reported two deaths in its facilities in 2007, 
both suicides. Authorities dismissed four officers and disciplined 
seven others for negligence in connection with these deaths.
    On January 23, Arif Aslanov, former department head at the State 
Technical Inventory and Property Rights Registration Department, died 
in custody from kidney failure while being transported to a hospital 
for dialysis. A human rights activist held the prosecutor's office 
responsible for Aslanov's death since the office had refused to release 
him for regular medical treatment.
    Tuberculosis (TB) remained the primary cause of death in prisons; 
the Ministry of Justice reported that it treated 799 prisoners and 
detainees for TB. The ICRC positively assessed the Government's pilot 
program, established in April 2007, which treated 54 prisoners for 
multidrug-resistant TB (MDR-TB) and placed 745 in category II therapy 
during the year. According to the ICRC, the prison hospitals' MDR-TB 
wards were state of the art, well ventilated, and had indirect 
ultraviolet lights. The ICRC reported that the Government's active and 
passive efforts were effective in screening inmates for TB. The ICRC 
reported that 52 inmates died from the disease during the year.
    The Government reported that the other major causes of death among 
prisoners and detainees were: myocardial infarction, cardiovascular 
collapse, cirrhosis of the liver, acute circulatory diseases, and 
various cancers.
    In 2006, a reconstituted, joint government-human rights community 
prison-monitoring group resumed functioning. During the year the group 
developed anonymous feedback forms for prison visits, facilitated the 
training of prison employees, and advocated for improvements in prison 
conditions. The Ministries of Internal Affairs and Justice cooperated 
with many of these efforts, but the group highlighted additional 
problems that remained, including inadequate medical facilities and 
staff at prisons, insufficient food and recreational activities for 
inmates, and incomplete access to detention centers for monitoring 
group members.
    Human rights monitors reported that officials continued to deny 
family members the right to visit persons who had been detained in 
connection with an alleged 2005 coup plot and had been subsequently 
convicted of corruption.
    The Government permitted some prison visits by international and 
local humanitarian and human rights groups, including the ICRC, the 
Organization for Security and Cooperation in Europe (OSCE), and the 
Azerbaijan Committee against Torture. The ICRC had unobstructed access 
to the POWs/CIs who were held in connection with the conflict over 
Nagorno-Karabakh.

    d. Arbitrary Arrest or Detention.--Although the law prohibits 
arbitrary arrest and detention, the Government generally did not 
observe these prohibitions in practice, and impunity remained a 
problem.

    Role of the Police and Security Apparatus.--The Ministries of 
Internal Affairs and National Security are responsible for internal 
security and report directly to the president. The Ministry of Internal 
Affairs oversees local police forces and maintains internal civil 
defense troops. The Ministry of National Security has a separate 
internal security force.
    Law enforcement corruption was a problem. Police often levied 
spurious, informal fines for traffic and other minor violations and 
extracted protection money from local residents. In recent years 
traffic police officers received substantial pay raises to counter 
corruption; nevertheless, the low wages of other law enforcement 
officials continued to contribute to police corruption. High inflation 
also put pressure on wages. In 2007, the ministry reported that it 
punished 43 police officers for corruption; it did not provide 
comparable data for 2008. The Ministry of Justice reported that none of 
the employees of the penitentiary service were accused of crimes 
related to corruption during the year.
    While security forces were generally able to act with impunity, the 
Government reported in 2007 that it took action against 207 police 
officers for human rights violations. The Government reported that it 
criminally prosecuted six officers, dismissed 55 officers from the 
Ministry of Internal Affairs police forces, removed 21 officers from 
their positions, and administratively disciplined two others. The 
Government did not update this data during the year.
    On October 14, several police officers from a unit to combat drug 
trafficking in Baku were arrested on distribution charges. One kilogram 
of heroin was seized during the search of their offices.

    Arrest and Detention.--The law states that persons who are 
detained, arrested, or accused of a crime should be advised immediately 
of their rights and reason for arrest and accorded due process; 
however, the Government did not respect these provisions in practice. 
Arbitrary arrest, often on spurious charges of resisting the police, 
remained a problem throughout the year.
    The law allows police to detain and question individuals for 24 
hours without a warrant; in practice police detained individuals for 
several days, sometimes weeks, without a warrant. In other instances 
judges issued ex post facto warrants.
    Judges, acting at the instruction of the prosecutor general's 
office or of other executive branch officials, sentenced detainees to 
jail within hours of their arrest without providing them access to 
lawyers.
    The law provides for access to a lawyer from the time of detention; 
in practice access to lawyers was poor, particularly outside of Baku. 
Although provided for by law, indigent detainees did not have access to 
lawyers. Authorities often restricted family member visits and withheld 
information about detainees; days frequently passed before families 
could obtain any information about detained relatives. There was no 
formal, functioning bail system; however, individuals were sometimes 
permitted to vouch for detainees, enabling their conditional release 
during pretrial investigation. Politically sensitive suspects were at 
times held incommunicado for several hours or sometimes days while in 
police custody.
    On January 31, police attacked and then detained 14 members of the 
independent Dalga youth movement near the Puppet Theater in downtown 
Baku as they hosted a rally to commemorate the birthday of Mammad Amin 
Rasulzada, the founder of the independent Azerbaijan Democratic 
Republic (1918-20). While they were detained at police station No. 9 in 
Sabail district, authorities threatened to have them expelled from 
their universities for ``antisocial'' activities. Authorities released 
them after several hours, and no expulsions were reported.
    On May 28, young persons from the Democratic Party of Azerbaijan 
(DPA) and the Biz Coalition distributed information related to the 90th 
anniversary of the Azerbaijani Democratic Republic and the Government's 
failure to erect a monument to the country's founders. Following the 
event, officers from Baku's Sabail district police department arrested 
Jamil Hajiyev, instructor of the DPA steering committee, and Vusal 
Aliyev, deputy chairman of the youth wing of the DPA. They were 
released after four hours of detention and questioning at police 
station No. 9.
    On June 15, 30 plainclothes police officers raided a cafe where 
patrons were celebrating the birthday of deceased revolutionary Che 
Guevara. Police detained and later released 20 attendees.
    On July 4, police detained members of the Dalga youth movement 
while they tried to stage a demonstration outside of the OSCE office in 
Baku. Seven of the group's members were released within a few hours, 
while three were transferred to a court facility and then released with 
an oral warning.
    Lengthy pretrial detention of up to 18 months was a serious 
problem. The prosecutor general routinely extended the permitted, 
initial three-month pretrial detention period in successive increments 
of several months until the Government completed an investigation.

    Amnesty.--On March 18, President Aliyev pardoned 59 prisoners, 
including alleged political prisoners Asif Huseynov, Etibar 
Allahverdiyev, Nariman Ismayilov, Rasim Taghiyev, and Gadir Musayev.
    On August 26, President Aliyev pardoned 96 prisoners, including 
alleged political prisoners Rasim Akberov, Aleksandr Umnyashkin, 
Ismayil Mammedov, Bayram Quliyev, Qabil Quliyev, and Mobil Yolchuyev.
    Despite indications that they would be released, several prominent 
journalists remained in prison at year's end.

    e. Denial of Fair Public Trial.--Although the law provides for an 
independent judiciary, in practice judges did not function 
independently of the executive branch. The judiciary remained corrupt 
and inefficient.
    The executive branch continued to exert a strong influence over the 
judiciary. The ostensibly independent Judicial Legal Council, which 
administers the examination for candidates for judges, was largely 
controlled by the Ministry of Justice. The selection process included 
lengthy coursework, written and oral examinations, and a final 
interview. International observers believed that the oral component of 
the examinations allowed for corruption in the selection process. The 
examination process resulted in the selection of 102 lower court 
judges, whom the president swore in on August 7. Supreme Court, 
Appellate Court, and Constitutional Court judges are nominated by the 
president and must be approved by the Milli Majlis.
    In an effort to address corruption and improper conduct, the 
Judicial Legal Council developed and established a new code of conduct 
in 2006-07. In addition the Ministry of Justice depersonalized case 
assignments during this period so that the president was no longer 
responsible for assigning judges to particular cases. However, credible 
reports indicated that judges and prosecutors still took instruction 
from the presidential administration and the Justice Ministry, 
particularly in cases of interest to international observers. While 
judges' salaries steadily increased for several years prior to 2008, 
there continued to be credible allegations that judges routinely 
accepted bribes. During the year the Ministry of Justice reported that 
disciplinary proceedings were initiated against 22 judges; the 
president reprimanded 10 judges, reassigned three, and dismissed one.
    Courts of general jurisdiction may hear criminal, civil, and 
juvenile cases. District courts try the majority of cases. The Court of 
Grave Crimes acts as the court of first instance in cases in which the 
accused committed a crime deliberately and in which the punishment 
would be a prison sentence of more than seven years. Cases are heard by 
a three-judge panel. The Military Court of Grave Crimes functions 
similarly for serious crimes committed by members of the military. The 
Supreme Court may not act as the court of first instance. Either one 
judge or a three-judge panel presides over first-hearing trials at the 
District Court or the Court of Grave Crimes, while a panel of three or 
more judges hears cases at the Court of Appeals. At the Supreme Court, 
cases are initially heard by a panel of three judges. Their ruling can 
be further appealed to the Plenum, which is the highest level of the 
court and consists of a panel of nine judges. All citizens have the 
right to appeal constitutional matters to the Constitutional Court.
    After the country joined the Council of Europe in 2001, citizens 
gained the right to appeal court decisions on human rights cases to the 
ECHR within six months of the first Supreme Court ruling on a case. As 
in previous years, citizens exercised this right frequently during the 
year.
    On July 10, the ECHR delivered judgments on two cases brought 
against the Government. The court ruled in favor of Vagif Hajibeyli, a 
politician who had been held from 2000-05 under house arrest while 
awaiting trial, as the detention violated his right to a fair and 
timely trial and freedom of movement. It also ruled in favor of Leyli 
Rahmonova, who was denied access to an apartment that had been awarded 
to her during a previous judicial proceeding, as this violated her 
right to private property and to a fair trial. At year's end. neither 
of these verdicts had been fully implemented by the Government.
    Since 2005 the Judicial Legal Council has coordinated efforts with 
international organizations to train judges on compliance with election 
law.

    Trial Procedures.--The law provides for public trials except in 
cases involving state, commercial, or professional secrets or matters 
involving confidential, personal, or family matters. According to an 
OSCE report, released in April, on the organization's 2006-07 trial 
monitoring project in the country, the Court of Grave Crimes and the 
Court of Grave Military Offenses were the most restrictive of the right 
to a public hearing of the courts observed by monitors.
    While the law provides for the presumption of innocence in criminal 
cases, the right to review evidence, the right of defendants to 
confront witnesses and present evidence at trial, the right to a court-
approved attorney for indigent defendants, and the right of appeal for 
defendants and prosecutors, these provisions were generally not 
respected in practice.
    Jury trials were not used. Foreign and domestic observers usually 
were allowed to attend trials; however, the Court of Grave Crimes and 
Court of Grave Military Offenses severely limited access to the OSCE 
trial monitors during 2006-07.
    According to the OSCE trial monitoring project report, many of the 
trials observed ``fell short of OSCE and other international standards 
in regard to important rights and safeguards, specifically, the right 
to effective legal representation, the right to an impartial and 
independent tribunal, the right to a fair hearing, the right to 
assistance by an interpreter, and the right to a reasoned judgment.''
    Although the constitution prescribes equal status for prosecutors 
and defense attorneys, in practice prosecutors' privileges and rights 
outweighed those of the defense. Judges reserved the right to remove 
defense lawyers in civil cases for ``good cause.'' In criminal 
proceedings judges may remove defense lawyers because of a conflict of 
interest or if a defendant requests a change of counsel.
    The law limits representation in criminal cases to members of a 
government-controlled collegium of lawyers (bar association). Since 
there were only 750 collegium members in a country of 8.2 million, 
access to licensed legal representation was restricted, particularly 
outside of Baku. The collegium did not hold a bar examination during 
the year, which exacerbated the shortage of legal representation. The 
collegium accepted applications through November for another round of 
examinations in 2009. According to international monitors, the written 
portion of the collegium's entrance examination was administered fairly 
but the oral portion was highly subjective and conducted with varying 
standards. The collegium reserved the right to remove lawyers from 
criminal cases and sometimes did so for reasons that observers believed 
were questionable. As a result, criminal defendants were not fairly or 
adequately represented, their rights were not protected, and there was 
a lack of due process of law. According to the OSCE's April report, the 
collegium's legal services were ``well below the minimum professional 
standards expected of an independent defense bar.''
    The constitution prohibits the use of illegally obtained evidence; 
however, despite some 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. Investigations often focused on 
obtaining confessions rather than gathering physical evidence against 
suspects. Serious crimes brought before the courts most often ended in 
conviction, as judges generally required only a minimal level of proof 
and collaborated closely with prosecutors. In the rare instances in 
which judges determined that the evidence presented was not sufficient 
to convict a defendant, they could return cases to the prosecutor for 
additional investigations, effectively giving the prosecutors 
subsequent chances for convictions.
    Aside from the Court of Grave Crimes and the Military Court of 
Grave Crimes, courts often failed to provide translators. Each court is 
entitled to contract translators during hearings, and such expenses 
must be covered by the Ministry of Justice.
    There were no verbatim transcripts of judicial proceedings; 
testimony, oral arguments, and judicial decisions were not recorded. 
Instead the court officer generally took notes that tended to be sparse 
and decided what if anything should be included in the notes.
    The June-July trial of Sergey Strekhalin, who had been accused of 
the March 13 stabbing of journalist Agil Khalil, included a number of 
procedural irregularities. Khalil, who faced political pressure as a 
reporter, repeatedly denied that Strekhalin was the person that stabbed 
him. Numerous international observers, including from the OSCE and the 
European Union (EU), raised concerns about the trial proceedings, and 
the OSCE representative on the media assessed the trial as ``fake.'' At 
several points in the trial, Strekhalin's attorney appeared 
uninterested in fully defending his client.
    In April 2007, the Court of Grave Crimes convicted Ali Insanov, 
former minister of health, and 10 other defendants of public corruption 
and other charges. The court sentenced Insanov to 11 years in prison. 
According to the OSCE trial monitors, there was ``an overwhelming 
appearance'' that Insanov and his codefendants ``did not have a fair 
trial and that the judges were not impartial.''
    In October 2007, the Court of Grave Crimes convicted Farhad Aliyev, 
former minister of economic development, his brother Rafiq, and 17 
other defendants on a range of charges related to corruption. The 
Aliyev brothers received prison sentences of 10 and nine years, 
respectively. All of the defendants were originally arrested on coup 
plotting charges and subsequently charged with corruption in 2005. 
During the trial, court officials often barred international observers 
and the defendants' family members from the courtroom. Court officials' 
failure to use microphones in the courtroom also hindered monitoring. 
There were numerous violations of due process during the trial 
proceedings. The OSCE monitors noted procedural shortcomings and 
insufficient access to the proceedings in their reporting on this trial 
during the year. Aliyev's lawyers alleged that the Government at times 
denied him access to his doctor and appropriate medical treatment while 
he was incarcerated. Both Insanov and the Aliyev brothers remained 
incarcerated following the May 28 rejection of Farhad Aliyev's appeal 
to the Supreme Court. The Aliyev brothers'separate appeals to the ECHR 
were pending at year's end.
    The country has a military court system with civilian judges. The 
military court retains original jurisdiction over any case in which 
crimes related to war or military service are adjudicated.

    Political Prisoners and Detainees.--Local NGOs maintained that the 
Government continued to hold political prisoners, although estimates of 
the number varied. At year's end, NGO activists maintained that the 
Government held between 27 and 57 political prisoners.
    As was the case in 2007, the three political prisoners-Elchin 
Amiraslanov, Safa Poladov, and Arif Kazimov-who had been arrested in 
connection with the 2003 presidential election and listed in the 
Council of Europe's experts report, remained incarcerated.
    Some considered the 2005 arrests of individuals on charges of 
plotting a coup and subsequent convictions on corruption to be 
politically motivated.
    There were no reliable estimates of the number of political 
detainees. Most political detainees received sentences of between 10 
and 15 days in jail, which were often described as ``administrative 
detention'' sentences.
    The Government generally permitted unrestricted access to alleged 
political prisoners by international humanitarian organizations such as 
the ICRC.

    Civil Judicial Procedures and Remedies.--The law does not provide 
for an independent and impartial jury in civil matters. District courts 
have jurisdiction over civil matters in their first hearing; appeals 
are addressed by the Court of Appeals and then by the Supreme Court. 
Citizens have the right to bring lawsuits seeking damages for, or 
cessation of, human rights violations. As with criminal trials, all 
citizens have the right to appeal to the ECHR within six months of the 
first Supreme Court ruling on their case.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits arbitrary invasions of privacy and 
monitoring of correspondence and other private communications; in 
practice the Government did not respect these legal prohibitions in 
practice.
    The constitution allows for searches of residences only with a 
court order or in cases specifically provided by law; however, 
authorities often conducted searches without warrants. It was widely 
believed that the Ministries of National Security and Internal Affairs 
monitored telephone and Internet communications, particularly those of 
foreigners and prominent political and business figures.
    Police continued to intimidate and harass family members of 
suspected criminals.
    During the year domestic human rights monitors reported concerns 
about the lack of due process and respect for the rule of law in a 
number of cases related to property rights.
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 specifically prohibits press censorship; 
however, the Government often did not respect these rights in practice. 
During the year the Government took actions that limited media 
independence. The media freedom environment continued to significantly 
deteriorate during the year.
    Although opposition parties continued to publish newspapers, and 
human rights activists were mostly able to conduct their work without 
fear of reprisal, the Government penalized persons who criticized 
government officials or practices in some cases.
    On October 30, the parliament held a spontaneous session in which 
several members publicly chastised prominent Moscow-based writer and 
film director Rustam Ibragimbekov for statements he had made about the 
country's leadership in an interview with a Russian media outlet. 
Ibragimbekov had alleged that the country's elite attained their 
positions through connections or money. Some observers alleged that the 
parliamentary session constituted an infringement on freedom of speech. 
Authorities did not file charges against Ibragimbekov.
    A number of journalists who criticized government officials in the 
course of their work were subjected to harassment, threats, and acts of 
physical violence that appeared to be connected to their criticism of 
the Government or public officials. Reporters Without Borders (RWB) 
reported that independent and opposition journalists were under 
constant pressure because of their work.
    According to prominent journalists, companies and institutions 
reduced their advertising in opposition media due to direct or indirect 
recommendations from government representatives. Azerbaijani 
journalists generally considered Gun Seher an independent newspaper. 
However, Gun Seher was forced to close in August due to financial 
problems. According to media experts, both subtle and direct pressure 
prompted companies to pull their advertising, leading to the 
newspaper's demise.
    A number of opposition and independent media outlets operated 
during the year. The print media expressed a wide variety of views on 
government policies, although objective, professional reporting was 
rare. However, most broadcast media adhered to a pro-government line in 
their news coverage.
    Most print outlets in the country are organs of the ruling party, 
opposition parties, or are thought to be connected to prominent 
government officials. There were seven national television stations and 
10 regional outlets. There were 11 national radio broadcasters, as well 
as the BBC, Voice of America, and Radio Free Europe/Radio Liberty, all 
three of which were banned from FM radio by the Government at year's 
end. There also were several national state-owned newspapers and 
numerous newspapers funded by city or district-level officials. 
Newspaper circulation rates, both government and opposition, were low, 
not surpassing 5,000 in most cases. Many newspapers were circulated 
only in the capital.
    Some private television stations operated, but independent media 
monitoring found their programs to be biased in favor of the ruling 
party. ANS Television, the audience leader, was generally regarded as a 
source of relatively balanced news coverage prior to its temporary 
closure by the National Television and Radio Council (NTRC) in 2006. 
However, most media monitors believed ANS had taken a more cautious, 
self-censored approach to news coverage since then.
    Electronic media were generally more susceptible to pressure due to 
their reliance on government-provided broadcast licenses. Such outlets 
were less critical of the Government than opposition and independent 
print outlets.
    On October 31, the NTRC announced that it was considering 
prohibiting broadcasts of Voice of America, Radio Liberty, and the BBC 
on national television and FM radio frequencies. The NTRC confirmed 
this decision on December 30. The NTRC also closed Russian-owned Europa 
Plus, which played mostly pop music. Without these international 
broadcasters on national television and FM radio frequencies, the 
public no longer had access to unbiased news on any widely accessible 
broadcast media.
    There were no restrictions on systems to receive satellite 
broadcasts by foreign stations, but the NTRC continued to impose a 
general requirement that local, private television and radio stations 
not rebroadcast entire news programs of foreign origin.
    Harassment, intimidation, and violence against individual 
journalists continued during the year; the Government did not hold 
perpetrators accountable. A media monitoring NGO reported that during 
the year, there were 49 incidents involving verbal or physical assaults 
on journalists, compared to 41 cases in 2007. Law enforcement agencies 
began investigations into 11 of these cases, and only one case, that of 
Agil Khalil, was brought to trial.
    Several journalists remained imprisoned during the year on criminal 
charges ostensibly unrelated to their work. International and local 
commentators believed that the Government targeted the journalists due 
to their criticism of government figures and policies.
    On January 21, authorities sentenced Mushviq Huseynov, 
correspondent for the opposition newspaper Bizim Yol, to six years in 
prison. In July 2007, police arrested Huseynov on charges of accepting 
a bribe from a Ministry of Labor and Social Protection employee. The 
exchange was captured on video and broadcast on national television. 
Huseynov's defense attorneys maintained that the incident was a set-up 
and declared Huseynov innocent. Some domestic observers considered 
Huseynov's arrest to be politically motivated, while others believed 
him to be guilty but to have been selectively targeted. Huseynov 
reportedly suffered from tuberculosis. Huseynov remained in prison at 
year's end.
    In October 2007, the Baku Court of Grave Crimes sentenced the 
already jailed editor in chief of Realny Azerbaijan and Gundelik 
Azerbaijan, Eynulla Fatullayev, to eight-and-a-half years in prison on 
charges of supporting terrorism, inciting ethnic hatred, and tax 
evasion. The charges were based on an article that Fatullayev wrote 
criticizing the Government's policy towards Iran and listing specific 
locations in the country as potential targets for an Iranian attack. 
The sentence included Fatullayev's previous libel conviction for an 
article he allegedly wrote purporting that government forces may have 
played a role in the 1992 events in Khojali. Fatullayev remained in 
prison at year's end. International and domestic observers considered 
his imprisonment politically motivated.
    On March 7, authorities sentenced Ganimat Zahid, editor in chief of 
Azadliq newspaper, to four years' imprisonment. In November 2007 police 
had arrested Zahid on charges of hooliganism and inflicting minor 
bodily harm. The charges were a result of a complaint filed by a 
private citizen, Vusal Hasanov, alleging that Zahid engaged in a 
physical altercation with him after Hasanov attempted to defend a woman 
who accused Zahid of insulting her. Zahid maintained that he was 
innocent and that the incident was a set-up. Zahid remained in jail at 
year's end. International and domestic observers considered his 
imprisonment to be politically motivated.
    In 2006, the Baku Court of Grave Crimes convicted prominent 
political satirist Mirza Zahidov (also known as Mirza Sakit or Sakit 
Zahidov) of drug possession and sentenced him to three years in prison. 
The Court of Appeals and the Supreme Court upheld the sentence. 
International and domestic observers considered his imprisonment 
politically motivated. On October 18, Zahidov was beaten by prison 
officials for refusing to have his hair cut. The Ministry of Justice 
stated that the allegation would be investigated and that Zahidov was 
transferred to another facility. On December 29, a hearing was held on 
an appeal for Zahidov's early release, for which he was eligible under 
the law. The appeal was denied, and there were claims of misconduct 
during the hearing, but trial monitors were not allowed to attend. 
Zahidov remained in prison at year's end.
    During the year at least six journalists reported physical attacks 
in connection with their professional activity.
    A reporter from the opposition paper Azadliq, Agil Khalil, was the 
victim of numerous attacks during the year, apparently stemming from 
his journalistic investigations. Khalil claimed he was also the victim 
of a smear campaign. On February 22, unidentified assailants physically 
assaulted Khalil during the course of his work. On March 13, Khalil was 
again attacked, this time stabbed and hospitalized. On May 7, Khalil 
was attacked by an unidentified person who attempted to push him on the 
rails in a metro station in Baku; later the same day, two unidentified 
persons attempted to kidnap him near the Azadlig offices. As of year's 
end, Khalil had left the country.
    Eldaniz Elgun, a well-known television journalist, claimed that he 
was stabbed in March just after the Agil Khalil stabbing. According to 
Elgun, three persons assaulted him near a metro station and stabbed him 
near his heart. He received treatment at his home in order to keep the 
incident quiet and to avoid the retribution that he said Agil Khalil 
had experienced. He reported that this attack followed a series of 
threats and interrogations by the Ministry of National Security over 
several years.
    Emin Huseynov, a reporter who was chair of the Institute for 
Reporters' Freedom and Safety (IRFS), was hospitalized after being 
beaten by police on June 14 while covering the police break-up of a 
public meeting. He later filed suit against the Ministry of Internal 
Affairs, charging that no legal action had been taken against his 
attackers. Huseynov lost 50 percent of his hearing as a result of his 
injuries.
    Two journalists from Radio Liberty and one from the Institute for 
IRSF were attacked by local police and other local residents in 
Nakhchivan on August 27 while reporting on a story.
    There were no developments during the year in the 2007 physical 
assaults on journalists Uzeyir Jafarov and Suheyla Gambarova or the 
2006 assaults on Fikret Huseynli, Bahaddin Haziyev, and Nijat Huseynov.
    There were no developments reported in the 2005 killing of 
opposition journalist Elmar Huseynov. Media and human rights activists 
continued to advocate that the Government should further investigate 
this case.
    June amendments to the election code allowed candidates who ran in 
the presidential election to have free television and radio airtime. 
Opposition parties and human rights advocates, however, complained that 
the free airtime was moved from State Television to Public Television, 
which had lower viewership, and that the timing of the broadcasts made 
it difficult for working people to watch. The OSCE election observation 
mission, in its election statement, criticized unbalanced news coverage 
in the run-up to the election, which heavily covered the activities of 
government officials, benefiting the incumbent.
    Although pro-opposition journalists openly criticized government 
officials, a combination of intimidation and a desire not to alienate 
potential advertisers led most independent journalists and editors to 
practice some degree of self-censorship.
    Libel remained a criminal offense, although the number of libel 
prosecutions decreased significantly during the year. The law allows 
for large fines and up to three years' imprisonment for persons 
convicted of libel. In previous years the Government used defamation 
suits and the threat of exorbitantly high fines for libel to intimidate 
and harass the media. Fine payments due from previous defamation suits 
threatened the financial viability of the print media and journalists, 
although a few days before the presidential election, the Azadlig and 
Yeni Musavat opposition newspapers learned that payment of their large 
fines would be suspended for an undetermined period of time. Government 
reliance on measures that hampered printing and distribution of 
independent newspapers and magazines remained largely unchanged.
    Most newspapers and magazines were printed in government publishing 
houses or on private printing presses owned by individuals who had 
connections with government officials. The majority of independent and 
opposition newspapers remained in precarious financial situations; they 
continued to have problems paying wages, taxes, and periodic court 
fines. Most relied on political parties or influential sponsors for 
financing, as the advertising-based business model was weak.
    The Government prohibited some state libraries from subscribing to 
opposition newspapers. The Government also continued to prohibit state 
businesses from buying advertising in opposition newspapers and 
pressured private business to do the same. Political commentators said 
in October that this problem reduced the wages opposition and 
independent outlets could pay to their journalists, allowing 
progovernment outlets to poach quality staff. In addition, 
international media monitoring reports indicated that intimidation by 
officials of the Ministry of Taxes further limited the independence of 
the media.
    Nakhchivan and Baku-based journalists reported that authorities in 
the exclave of Nakhchivan continued to block distribution of opposition 
newspapers.

    Internet Freedom.--The Government generally did not restrict access 
to the Internet, but it required Internet service providers to be 
licensed and have formal agreements with the Ministry of Communications 
and Information Technologies. Penetration was low, particularly outside 
the capital city. There was no evidence to support the widely held 
belief that the Government monitored Internet traffic of foreign 
businesses and opposition leaders. However, during the year authorities 
blocked public access in Azerbaijan to two Web sites of an independent 
NGO, the Election Monitoring Center, although the sites were accessible 
from abroad. In January 2007 there were credible reports that 
authorities blocked public Internet access to a Web site containing a 
petition regarding utility price increases, temporarily arresting the 
creator of the site, Bakhtiyar Hajiyev.
    Domestic observers reported that, on several occasions during the 
year, the Government temporarily blocked public Internet access to a 
Web site popular for lampooning the president. There were reportedly 
greater restrictions on the Internet in Nakhchivan, where residents 
claimed they were unable to view opposition Web sites. Access to the 
Internet was limited to urban centers due to lack of infrastructure.

    Academic Freedom and Cultural Events.--The Government on occasion 
restricted academic freedom.
    Some domestic observers raised concerns about the Government's 
selection of participants for state-sponsored study abroad programs. 
The Government maintained that its selection process was transparent 
and political affiliation was not a factor.
    The opposition Musavat Party continued to report that, since 1993, 
37 opposition members had been fired from positions as teachers in 
state educational institutions. During the presidential election 
campaign, students at several universities reported pressure from deans 
to avoid cooperation with an independent NGO monitoring the election. 
Some students reported being directed by the deans of their faculties 
to change voter registration from their home districts so that they 
would have to vote at the university. Others reported that universities 
required students to attend propresidential rallies, providing 
transportation and threatening students with expulsion if they did not 
attend. In another case, students were threatened with expulsion from 
their dormitory if they participated in election monitoring.
    There were no reports of government restrictions on cultural 
events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government severely restricted this right in practice. Although the 
constitution stipulates that groups may peacefully assemble only with 
prior notification of relevant government bodies, the Government 
continued to interpret this provision as a requirement for advance 
permission from the Baku mayor's office.
    On June 26, new amendments to the law on freedom of assembly 
entered into force. A review of the amended law by international 
organizations noted that it met most international standards, and 
numerous international observers called on the Government to implement 
it fully. However, in practice the Government continued to require all 
sanctioned rallies to be held at designated locations far removed from 
the city center, a stipulation most political parties and NGOs found 
unacceptable. In contrast, the ruling Yeni Azerbaijan Party held a 
large rally in a central square on the evening of October 15 to 
celebrate the reelection of the president. Opposition parties had been 
denied permission to hold a rally in the same square. The five main 
opposition parties chose not to participate in the presidential 
election during the year, citing as one objection their inability to 
assemble freely. The Government denied opposition and some other 
requests to hold political rallies on multiple occasions and broke up 
several unsanctioned pickets and demonstrations, often detaining 
participants for several hours.
    On January 31, the Dalga youth movement attempted to hold a rally 
commemorating the founder of the 1918 Azerbaijani Republic. The rally 
was broken up by police, who detained 14 participants. On July 4, 
police also broke up a demonstration by the Dalga youth movement 
outside the OSCE office in Baku and detained three members for several 
hours.
    On April 25, the opposition Musavat party applied to Baku municipal 
authorities to hold a rally in one of three locations in central Baku 
that appeared to be in compliance with the freedom of assembly law. The 
application was denied, and the party took the case to court. The Court 
of First Instance and the Baku Appellate Court decided in favor of the 
Baku authorities. The case was awaiting hearing at the Supreme Court at 
year's end.
    On June 17, July 11, and August 1, police broke up small, 
unsanctioned pickets held by the Musavat party in central Baku, each 
time detaining several demonstrators for a few hours. The Baku 
Municipal authorities denied permission to hold these three events due 
to the proximity of the pickets to the municipal authority 
headquarters, which is prohibited under the law. In addition Baku 
municipal authorities prevented several other planned opposition 
rallies and protests by denying permit requests and insisting on venues 
the opposition considered unacceptable due to their distance from 
central Baku.
    In August, authorities allowed young people to hold an unsanctioned 
rally in central Baku in support of Georgia during the conflict between 
Georgia and Russia.
    The OSCE's final report on its observation of the presidential 
election stated that Baku officials interpreted the amended freedom of 
assembly law in a restrictive manner during the preelection period, 
denying requests by an opposition coalition to hold rallies in the 
center of the city.
    On December 24, Baku police reportedly broke up a demonstration 
against a constitutional referendum planned for 2009 whose provisions 
included the elimination of presidential term limits. During the rally 
in front of the Constitutional Court, police reportedly arrested 10 
people on site, of whom three were subsequently detained.

    Freedom of Association.--The law provides for freedom of 
association, although in practice the Government's restriction of this 
right worsened during the year. A number of provisions allow the 
Government to regulate the activities of political parties, religious 
groups, businesses, and NGOs, including a requirement that all 
organizations register either with the Justice Ministry or the State 
Committee on Work with Religious Associations (SCWRA). Although the law 
requires the Government to act on registration applications within 30 
days of receipt, vague, cumbersome, and nontransparent registration 
procedures continued to result in long delays that effectively limited 
citizens' right to associate.
    The Government continued to use a 2003 requirement for all existing 
NGOs to reregister with the Justice Ministry to delay or deny 
registration to some previously registered groups, often citing the 
failure of applicants to follow proper procedures. During the year the 
ministry registered 246 NGOs. The ministry did not provide information 
on the total number of NGO applications received or rejected during the 
year.
    In February, the Ministry of Justice registered the Election 
Monitoring Center (EMC), an independent nonpartisan NGO, after it had 
rejected its application for several years. On May 14, however, a Baku 
court ordered the deregistration and dissolution of the organization, 
based on an appeal from the Ministry of Justice, ostensibly due to 
alleged technical flaws in the organization's registration application. 
The verdict was implemented immediately and the usual grace period was 
not implemented. The EMC maintained that the flaws did not constitute 
legal grounds for the entire organization to be deregistered and 
immediately dissolved. The EMC appealed the verdict and filed a 
separate case against the organization's immediate dissolution. Both 
cases were rejected by the Baku Appellate Court and, at year's end, 
were awaiting a hearing at the Supreme Court.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion; however, burdensome registration requirements and 
selective harassment of religious groups marred application of the law. 
Although the law expressly prohibits the Government from interfering in 
the religious activities of any individual or group, there are 
exceptions, including cases where the activity of a religious group 
threatens public order and stability. Most religious groups met without 
government interference; however, local authorities monitored religious 
services, and officials harassed and detained members of Islamic and 
``nontraditional'' religious groups.
    There appeared to be a distinction between how the Government 
treated groups it perceived as ``traditional'' and ``nontraditional.'' 
Traditional religious groups included Islamic communities registered 
with the Government, Jewish groups, the Orthodox Church, and the 
Catholic Church. Groups perceived as nontraditional included 
unregistered Islamic groups, Jehovah's Witnesses, and several 
Protestant communities. In general the traditional groups reported no 
religious freedom problems, while nontraditional communities frequently 
complained they were the victims of selective harassment or that the 
Government arbitrarily created obstacles to their registration.
    A number of legal provisions enable the Government to regulate 
religious groups, particularly a requirement that religious 
organizations, including individual congregations of a religious group, 
be registered. Muslim religious groups must receive a letter of 
approval from the Caucasus Muslim Board (CMB) before they can be 
registered by the SCWRA. The SCWRA and its chairman have broad powers 
over registration and can both control the publication, import, and 
distribution of religious literature and suspend the activities of 
groups violating the law.
    Registered Muslim organizations are subordinate to the CMB, a 
Soviet-era entity that appointed Muslim clerics to mosques, 
administered Islamic educational institutions, periodically monitored 
sermons, and organized annual hajj pilgrimages. Some local Muslim 
believers criticized the CMB's and the SCWRA's ability to register and 
regulate their communities.
    During the year the SCWRA registered 102 new groups, 101 of which 
were Islamic and one of which was Jewish, and did not reject 
applications. There were 529 total registered religious communities in 
the country, of which 497 were Islamic and 32 were non-Islamic.
    Several groups reported that the SCWRA sometimes failed to rule on 
registration applications in a timely manner, and some groups 
complained that the SCWRA or local officials made the application 
process difficult or impossible for nontraditional communities. 
Unregistered organizations were vulnerable to being declared illegal 
and closed or subjected to selective harassment by authorities. The 
SCWRA continued to delay or deny registration to a few Protestant 
Christian groups.
    A variety of unregistered religious groups continued to function, 
including Muslim groups, members of Jehovah's Witnesses, and some 
evangelical Christians. SCWRA estimated that there were 160 
unregistered groups. However, some unregistered groups-particularly 
nontraditional religious organizations-were subject to periodic and 
selective police harassment in the form of disruption of religious 
services and intimidation. Local law enforcement officials occasionally 
monitored religious services and reportedly singled out some observant 
Christians and Muslims for searches on the grounds of security. Local 
observers claimed that local authorities routinely monitored certain 
mosques.
    Some Muslim representatives criticized the Government for adopting 
a heavy-handed stance in reaction to the August 17 bombing of the Abu 
Bakr mosque. After the bombing, authorities closed down the heavily 
attended mosque. On October 27, the Narimanov District Court ruled that 
the mosque should be reopened, but it remained closed at year's end. 
Several trials had not brought the mosque any closer to being re-
opened. Authorities also prevented the Abu Bakr congregation from 
praying outside on the steps of the closed mosque or outside of other 
Baku mosques. There was a spike in the number of reported detentions 
and forced beard-shavings in Baku after the bombing.
    A number of practicing Muslims asserted that the Government often 
failed to distinguish between practicing Muslims and extremists. They 
charged that the Government often adopted a heavy-handed approach to 
practicing Muslims and, in the process, failed to grant them genuine 
religious freedom. This approach reportedly included forcibly shaving 
the beards and finger-printing of Muslims, banning prayers outside 
mosques, and pressuring certain television stations not to run 
religious programming. A number of Muslims criticized the CMB for 
trying to monopolize all Islamic religious practices in the country.
    In June, police disrupted two Jehovah's Witnesses services being 
conducted in private apartments in Baku suburbs. In both cases police 
detained several participants for several hours before releasing them 
without charges.
    In June, police in Zagatala arrested Baptist pastor Hamid Shabanov 
for allegedly possessing an illegal weapon. Local Baptists claimed the 
authorities planted the weapon in Shabanov's residence. International 
and domestic court monitors reported procedural violations in 
Shabanov's trial, which was ongoing at year's end. In December the 
court ordered Shabanov to house arrest, as there was not enough 
evidence to continue holding him in a detention facility. The court 
refused to acquit him entirely, however.
    The law expressly prohibits religious proselytizing by foreigners, 
and officials enforced this strictly. In August authorities deported a 
Russian citizen who was a Jehovah's Witness on grounds of illegal 
proselytizing. According to the law on religious freedom, citizens are 
free to share their faith; however, in practice proselytizing of 
``nontraditional'' religions was often discouraged. The Government was 
concerned about Islamic missionary groups (predominantly Iranian Shi'a 
and Salafi Sunni) operating in the country and continued to restrict 
their activities.
    The law permits the production and dissemination of religious 
literature with the approval of the SCWRA; however, authorities 
appeared to selectively restrict the import and distribution of 
religious materials. Obtaining permission to import religious 
literature remained burdensome and Islamic and Christian groups 
complained about the lengthy approval process. During the year there 
were multiple episodes in which police confiscated allegedly radical 
Islamic literature in several areas of the country. However, the SCWRA 
also facilitated the importation of some literature, and the process 
appeared to be improving, albeit in an arbitrary manner.
    The law does not restrict the right of women to wear the Muslim 
headscarf in educational or state facilities. Women are not allowed to 
wear headscarves in photos for passports and other official identity 
documents. In practice the Government did not restrain university 
administrators or employers from selectively pressuring some women not 
to wear headscarves.
    The Government had not developed an alternative service option for 
fulfilling one's mandatory military service requirement at year's end. 
The lack of such an option remained a problem for several members of 
Jehovah's Witnesses, who conscientiously objected to serving in the 
military.

    Societal Abuses and Discrimination.--There were some reports of 
societal abuses or discrimination based on religious affiliation, 
belief, or practice. There was popular prejudice against Muslims who 
converted to other faiths and hostility toward groups that 
proselytized, particularly evangelical Christian and other missionary 
groups.
    The Government actively tried to promote religious tolerance. The 
SCWRA convened leaders of various religious communities on several 
occasions. During the year the SCWRA organized several seminars, 
conferences, and regional meetings on religious freedom and tolerance.
    There were no reports of anti-Semitic acts against the country's 
15,000-member Jewish community.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, although at times the Government limited freedom of 
movement, particularly for internally displaced persons (IDPs). The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in providing 
protection and assistance to IDPs, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern. However, in 
2007 responsibility for all refugee issues, including refugee status 
determination, was moved from the deputy prime minister to the newly 
created State Migration Service. International NGOs reported that this 
new department remained inefficient and did not operate as 
transparently as the previous one.
    The law requires 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 or convicted of criminal offenses and given 
suspended sentences were not permitted to travel abroad. Officials 
regularly extracted bribes from individuals who applied for passports.
    The law prohibits forced exile, and the Government did not employ 
it.
    While official government policy allows citizens of ethnic Armenian 
descent to travel, low-level officials reportedly often requested 
bribes or harassed ethnic Armenians who applied for passports. 
According to the International Organization for Migration (IOM), some 
Armenians of mixed descent reported to a local 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.
    Azadlig reporter Agil Khalil reported border guards prevented him 
from leaving the country on three occasions during the summer, claiming 
he was on trial and could not legally leave the country. Khalil 
publicly noted he was not a defendant but a victim in an open case and 
should therefore be allowed to leave. Authorities eventually permitted 
Khalil to depart in July.
    Since his 2004 conviction for participating in post-election 
demonstrations in 2003, the Government prevented the imam of the Juma 
Mosque (shut down by the authorities since 2004), Ilgar Ibrahimoglu, 
from traveling outside the country, including to several meetings of 
the UN and the OSCE, where he was to be an official NGO participant.
    Since 2006 the Government has prevented the foreign travel of 
Popular Front Party (PFP) chairman Ali Kerimli by refusing to renew his 
passport, citing an outstanding civil complaint against him from 1994. 
The Government had renewed Kerimli's passport on several occasions in 
the intervening years without objection. Kerimli filed an appeal on the 
decision, which was initially rejected at all levels of the court 
system. However, on February 15 the Supreme Court preserved one aspect 
of Kerimli's case but ruled that it must be refiled as a criminal 
complaint. Kerimli refiled the case, but did not prevail. Having 
exhausted his options under the country's legal system, Kerimli was 
preparing to take the case to the ECHR at year's end.

    Internally Displaced Persons (IDPs).--At year's end there were 
572,531 UNHCR-registered IDPs in the country. The vast majority fled 
their homes between 1988 and 1993 as a result of the Nagorno-Karabakh 
conflict. The Government reported a total of 686,586 IDPs.
    IDPs were required to register their place of residence with 
authorities and could live only in approved areas. This so-called 
propiska system, a carryover from the Soviet era, was imposed mainly on 
persons who were forced from their homes after ethnic Armenian 
separatists took control of Nagorno-Karabakh and adjacent territories 
in the western part of Azerbaijan. The Government asserted that 
registration was needed to keep track of IDPs to provide them with 
assistance.
    The Government reported that, during the year, 60 international and 
40 domestic humanitarian organizations, and 15 nonbank credit unions 
implemented projects independent of the Government related to refugees 
and IDPs, spending a total of approximately $30 million. The Government 
stated that it supplemented this spending with money from the national 
oil fund to improve living conditions for IDPs and refugees. During the 
year the Government completed the construction of five new settlements 
for refugees and IDPs, in which 1,000 families lived.
    In 2007, the State IDP and Refugee Committee's estimated 
expenditures were 150.1 million manat (approximately $174.5 million). 
IDPs received monthly food subsidies of approximately nine manat 
(approximately $10.50) from the Government.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to some 
refugees through the refugee status determination department. While the 
department progressed in many ways, improvement was offset by a series 
of court rulings on refugee status determinations that rejected all 
appeals of negative asylum decisions.
    In practice, the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. During the year, 2,657 persons were 
recognized by the UNHCR as refugees or asylum seekers. The Government 
received 134 applications for refugee status, denied 100 applications, 
and granted refugee status to 11 persons. At year's end, 23 cases 
remained under consideration. The Government did not provide any 
notable assistance to government- or UNHCR-recognized refugees or 
asylum seekers.
    The UNHCR considered the Government's forced return to Turkey in 
October 2007 of a Turkish citizen of Kurdish ethnicity as contrary to 
the country's obligations under the 1951 UN convention and a clear 
violation of the principle of nonrefoulement. UNHCR also considered the 
March 2007 imprisonment of an Iranian citizen for illegal entry as a 
breach of Article 5 of the 1999 refugee law, which stipulates 
nonamenability of illegal entry for those seeking asylum.
    More than 65 percent of the 2,657 refugees registered and 
recognized by the UNHCR in the country were Chechens from Russia. The 
Government does not recognize Chechens as refugees as established under 
the 1951 convention and it did not accept asylum applications from 
Chechens. As a result, the UNHCR continued to carry out all protection 
and assistance functions for Chechens in the country.
    Despite UNHCR recognition of many Chechens and Afghans as refugees, 
the laws on residence, registration, and the status of refugees and 
IDPs did not apply to Chechens and Afghans. They were required to 
register with police and were not entitled to residence permits. 
Chechens were permitted to enter the country visa-free under a 
bilateral passport system with Russia. However, most Chechens could not 
afford the associated costs to acquire passports. The UNHCR reported 
two Chechens were being held in pre-trial detention awaiting 
extradition to Russia at year's end. After reviewing the cases, the 
UNHCR dropped its objection to the extradition of one individual. Both 
cases were awaiting a decision from the ECHR at year's end.
    According to the UNHCR, 138 Chechens sought and were granted 
protection during the year, a 46 percent decrease from the previous 
year. All refugee children registered with the UNHCR were allowed to 
attend public schools. However, because Chechens and Afghans do not 
have legal resident status in the country, they were not permitted 
access to public medical services. The UNHCR provided basic medical 
assistance through the support of foreign donors.
    During the year, 157 Afghans arrived and registered with the UNHCR, 
a decrease from previous years. During the year Afghans complained of 
police visits to their homes, with the implied threat of deportation. 
There were no reports of forced return of Afghans.
    The Government has no legal mechanism to provide temporary 
protection to individuals who do not qualify as refugees under the 1951 
convention and the 1967 protocol. However, the Government accepted the 
UNHCR identification card issued to Chechens and Afghans.

    Stateless Persons.--Citizenship is derived by birth within the 
country or from one's parents. The law provides for the right to apply 
for stateless status. However, in practice, many persons could not 
obtain the documentation required for the application, and therefore 
remained formally unrecognized.
    According to UNHCR statistics, there were 2,078 stateless persons 
in the country at the end of 2007. The vast majority of these persons 
were ethnic Azeris from Georgia or Iran. There were also an estimated 
10,000 undocumented stateless persons in the country during the year, 
among them Meskhetian Turks, whose status was not formally recognized 
and who did not possess a stateless certificate.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully. The Government continued to restrict this 
right in practice by interfering in elections. The law also provides 
for an independent legislature; however, the Milli Majlis's 
independence was minimal, and it exercised little legislative 
initiative independent of the executive branch. On December 19, the 
Milli Majlis approved a proposal calling for a referendum on changing 
the constitution to remove presidential term limits, among other 
provisions.

    Elections and Political Participation.--The country held a 
presidential election on October 15. The final report of the OSCE 
election observation mission stated that the country had made 
considerable progress toward meeting its OSCE commitments and other 
international standards, especially regarding some technical aspects of 
election administration, but found that the election process did not 
meet all of these commitments. While the OSCE mission reported that the 
election was carried out in a peaceful manner, it also noted a lack of 
robust competition and the absence of vibrant political discourse 
facilitated by the media. The OSCE observation report concluded that 
the election ``did not reflect some of the principles necessary for a 
meaningful and pluralistic democratic election.''
    In May the Milli Majlis adopted amendments to the election code 
that partially addressed concerns raised previously by the Council of 
Europe and the OSCE. These included provisions for inking of voters' 
fingers, transparency of voter lists, and prohibitions on government 
officials interfering in the election process. The transparency and 
efficiency of the Central Election Commission was also improved. 
However, the structure of election commissions at all levels-a 
longstanding problem-was not made more balanced, and concerns remained 
over the candidate registration process, rules on media coverage, and 
complaint and appeals procedures.
    The preelection period was marred by continued restrictions on 
freedom of speech and freedom of assembly for the main opposition 
parties. The main opposition parties boycotted the election, citing 
these restrictions and problems with the election code, especially 
provisions limiting their ability to campaign effectively. The 
Government's failure to improve respect for freedom of assembly, its 
continued control of the media and the lack of a clear distinction 
between the Government and the ruling party in campaign activities 
prevented a competitive campaign and reduced the citizens' opportunity 
to make an informed choice in the election.
    The Government registered nearly 50,000 domestic and 1,250 
international election observers. However, some domestic and 
international organizations reported problems with the registration 
process. In particular, the EMC reported that some citizens whom it 
trained had problems registering as observers in several 
constituencies. The EMC also reported that 86 EMC-trained observers 
withdrew from its observation mission following harassment in the days 
leading up to the election. These developments followed the loss of the 
EMC's registration as an NGO and the blocking of its Web sites.
    According to the OSCE final election report, international 
observers rated voting procedures overall as ``good'' or ``very good'' 
in 94 percent of polling stations visited. Serious irregularities were 
witnessed, however, in finger-inking procedures. The counting process 
was assessed as more problematic, including some instances of 
manipulation. International observers rated 23 percent of the vote 
counts observed as ``bad'' or ``very bad.'' Constituency election 
commissions annulled results in eight polling stations due to 
irregularities, but, in other polling stations where irregularities 
occurred, the results were not annulled. Observers considered 21 
percent of the tabulation processes observed to be ``bad'' or ``very 
bad,'' with some disorderly and nontransparent proceedings.
    The Government held national parliamentary elections in 2005. The 
OSCE's final election observation report concluded that the elections 
did not meet a number of the country's OSCE commitments and Council of 
Europe standards for democratic elections. The OSCE concluded that the 
May 2006 rerun elections in 10 of the country's 125 parliamentary 
constituencies showed some improvement over the 2005 elections. 
However, the OSCE noted continuing problems, including in the 
composition of election commissions, interference by local authorities 
in the electoral process, the voting, counting, and tabulation 
processes, and the election grievance process. There were numerous 
credible reports that local officials interfered with the campaign 
process to the benefit of progovernment candidates in the 2005 
elections and the 2006 partial rerun elections. The Government 
generally respected the legal provisions of the election code. 
Candidates were able to hold numerous town hall meetings with voters, 
although police disrupted some gatherings.
    One opposition member refused to take her seat in protest of fraud 
in these elections, and the Government had not set a date for a by-
election at year's end.
    In 2006, authorities held partial municipal elections around the 
country. The opposition Azadliq bloc, comprised of the PFP, Azerbaijan 
Democratic Party, and Azerbaijan Liberal Party, boycotted the municipal 
elections, asserting that the composition of local election commissions 
made the elections inherently unfair. Some of these municipal elections 
were reruns of 2004 municipal elections, which election authorities 
cancelled because of widespread fraud and irregularities.
    The ruling Yeni Azerbaijan Party continued to dominate the 
political system. Domestic observers reported that membership in the 
ruling party conferred advantages such as being given preference for 
public positions. Opposition party members in the exclave of Nakhchivan 
reported instances of pressure by local officials to join the ruling 
party.
    During the year, opposition parties played a less active role in 
politics than in previous years. Members of the opposition were more 
likely to experience official harassment and arbitrary arrest and 
detention than other citizens. For example, a prominent opposition 
politician reported several instances in which local authorities 
prevented her from meeting with private citizens during regional trips. 
Regional branch opposition party members reported that local 
authorities often took actions to prevent routine party activities, 
such as pressuring restaurant owners not to allow opposition parties to 
use their facilities for meetings and events. Party members often had 
to conceal the purpose of their gatherings and hold them in remote 
locations. Opposition party members reported that police often 
dispersed small gatherings at tea houses and detained participants for 
questioning. Since 2006, opposition parties have had serious 
difficulties renting office space, with some parties operating out of 
their leaders' apartments reportedly because landlords were afraid to 
rent office space to them due to official pressure.
    There were 14 women in the 125-seat parliament. Several women held 
senior government positions, including deputy speaker of parliament, 
several deputy ministers, and deputy chair of the Central Election 
Commission. There were no legal restrictions on the participation of 
women in politics, although traditional social norms limited women's 
political roles, and they were underrepresented in elective offices.
    Ethnic minorities, such as the Lezghins, Talysh, and Avars, 
continued to serve in parliament and in government.

    Government Corruption and Transparency.--The law 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 World Bank's worldwide governance indicators reflected 
that corruption was a severe problem. Criminal cases related to 
corruption were opened during the year, specifically on bribery 
charges; however, these cases had little or no impact on the prevalence 
of bribery and corruption in the country.
    In July 2007, the Government adopted its second national strategy 
for increasing transparency and combating corruption. The strategy 
established a framework for increasing the accountability of 
government, cooperating with civil society and systematically 
monitoring and reporting on the implementation of anticorruption 
measures. The law on financial disclosure requires officials to report 
annual income, sources of income, property owned, and financial 
liabilities. It also prohibits nepotism and limited gifts and direct or 
indirect financial benefits to public officials or third parties. These 
provisions had not been implemented at year's end.
    The law provides for public access to government information by 
individuals and organizations; however, the Government often did not 
provide access. 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.
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. Although the 
Government maintained ties with some human rights NGOs and responded to 
their inquiries, on occasion the Government criticized and intimidated 
other human rights NGOs and activists. The Ministry of Justice 
continued routinely to deny or fail to register some human rights NGOs.
    The major local human rights NGOs were the Association for the 
Protection of Women's Rights, the Bureau of Human Rights and Respect 
for the Law, the Azerbaijan Foundation of Democracy Development and 
Human Rights Protection, Azerbaijani Committee against Torture (ACAT), 
the Institute for Peace and Democracy, the Helsinki Citizens' Assembly, 
IRFS, and the Human Rights Center of Azerbaijan. Most of the leading 
NGOs affiliated themselves with one of two independent, umbrella 
organizations, the Human Rights Federation and the Monitoring Group of 
Human Rights Organizations.
    The Government met with a variety of domestic NGO monitors. The 
Ministry of Justice participated in a joint political prisoner review 
committee with several representatives of the human rights community, 
which indirectly led to the release of a number of alleged political 
prisoners. The Ministry of Internal Affairs allowed one NGO, ACAT, to 
have immediate access to police and pretrial detention facilities; 
during the year the NGO continued to exercise this right without 
obstruction and reported on its findings.
    Several NGOs reported that the Government and police at times 
refused to protect them from so-called provocateurs who threatened, 
harassed, and attacked NGO activists and vandalized their property. 
During the year, Akifa Aliyeva of the Helsinki Citizens' Assembly 
reported repeated harassment by local authorities in connection with 
her work defending the rights of a Ukrainian prisoner in Ganja.
    The registration process for NGOs remained cumbersome and included 
requirements to register grants from foreign entities. NGO grants from 
foreign entities are subject to a social security tax of 22 percent on 
employee salaries, although grants from a few countries with bilateral 
agreements with the Government were subject to only a two percent tax. 
NGO activists reported that these provisions inhibited their 
organizations' activities.
    On August 14, the NGO Council announced the first round of grants 
in a government program, giving over 1.15 million manat (approximately 
$1.4 million) to 191 NGOs. While many of these NGOs were considered to 
be progovernment, some NGOs that were critical of the Government also 
received grants.
    The Government generally permitted visits by UN representatives and 
other international organizations, such as the ICRC. International 
NGOs, such as RWB, generally operated without government hindrance.
    Citizens may appeal violations committed by the state or by 
individuals to the ombudswoman for human rights. The ombudswoman may 
refuse to accept cases of abuse that are over a year old, anonymous 
complaints, and cases already being handled by the judiciary. Data were 
not available on the number of complaints received and resolved by the 
ombudswoman during the year.
    The Office of the Ombudsman took the lead in implementing the 
Government's 2006 human rights action plan. During 2007 the ombudswoman 
reported that she had established a working group, which included five 
subcommittees, to focus on the areas identified as priorities in the 
action plan. As of year's end implementation of the plan was uneven. 
During the year the ombudswoman traveled around the country to hear 
human rights complaints, cooperated with foreign diplomats and domestic 
NGOs working on human rights, and submitted an annual report to the 
Milli Majlis. However, local human rights NGOs and activists criticized 
the ombudswoman's work as ineffective and generally regarded her as not 
independent of the Government.
    The Milli Majlis and the Ministry of Justice also had human rights 
offices that heard complaints, conducted investigations, and made 
recommendations to relevant government bodies. Officials of the human 
rights office within the Ministry of Foreign Affairs regularly met with 
the diplomatic community to discuss issues of concern. The Milli 
Majlis's human rights body did not operate fully independently of 
government influence.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law provides for equal rights without respect to gender, race, 
language, disability, or social status, but the Government did not 
always respect these provisions or effectively enforce them. Violence 
and discrimination against women, trafficking of persons, and 
discrimination against ethnic Armenians were problems.

    Women.--The Government did not provide data on the number of rapes 
reported during the year. In 2007, 86 cases of rape were reported to 
authorities. Most rape victims reportedly knew their assailants but did 
not report incidents out of fear and shame. Rape is illegal and carries 
a maximum 15-year prison sentence. 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 specific laws on spousal rape.
    There were no government-sponsored programs for victims of rape or 
domestic violence. In Baku a women's crisis center operated by the 
Institute for Peace and Democracy provided free medical, psychological, 
and legal assistance to women. The center also worked on a number of 
projects funded by international donors to combat gender-based violence 
and trafficking in persons in the Caucasus region. Representatives of 
the institute regularly appeared on popular television talk shows to 
discuss women's issues.
    Prostitution is an administrative offense rather than a crime and 
is punishable by a fine of up to 88 manat (approximately $102). Pimps 
and brothel owners may be sentenced to prison for up to six years. 
Prostitution was a serious problem, particularly in Baku.
    The law does not directly prohibit sexual harassment.
    Women nominally enjoy the same legal rights as men; however, 
societal discrimination was a problem. Traditional social norms and 
lagging economic development in the country's regions 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. Women were underrepresented in high-level jobs, 
including top business positions.

    Children.--The law requires the Government to protect the rights of 
children with regard to education and health care. In practice 
government programs provided a low standard of education and health 
care for children.
    While education was compulsory, free, and universal until the age 
of 17, large families in impoverished rural areas 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 
rather than attend school.
    According to the Ministry of Internal Affairs, five cases of rape 
and 20 cases of sexual abuse of children were reported in 2007. There 
were reports that children were trafficked for sexual exploitation and 
begging. During the year, five victims of sex trafficking were under 
the age of 18.
    Child marriage was not considered a significant problem, although 
evidence suggested it was growing, primarily in rural central and 
southern regions among poor families.
    A large number of refugee and IDP children lived in substandard 
conditions in camps and public buildings. In some cases these children 
were unable to attend school.

    Trafficking in Persons.--The criminal code prohibits all forms of 
trafficking in persons; however, there were reports that persons were 
trafficked to, from, and within the country.
    The country was primarily a source and transit point for women, 
men, and children trafficked for sexual exploitation and forced labor. 
Central Asian, Russian, and local women and girls were trafficked from 
or through the country to the United Arab Emirates, Turkey, Iran, 
India, and Pakistan for exploitation in the sex industry. Men were 
trafficked to Russia for forced labor. Although there were no official 
reports of internal trafficking, domestic monitors reported a growing 
trend of internal trafficking of women for sexual exploitation, of men 
for forced labor in the construction industry, and of children for 
begging. During the year the Government reported it identified 78 
trafficking victims, two of which were cases of child trafficking. 
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, usually offering 
to arrange employment abroad. Traffickers also used deceptive newspaper 
advertisements offering false work abroad. Traffickers reportedly used 
forged documents to move victims. They also used fraudulent marriage 
proposals from men posing as Iranian businessmen to lure women into 
prostitution in neighboring Iran.
    During the year, 61 persons were prosecuted to completion under the 
law against trafficking in persons. At year's end, 35 trials were 
ongoing. One person was convicted of document forgery in a trafficking-
related case. Most trafficking-related crimes prosecuted during the 
year carried maximum penalties of between five and 12 years' 
imprisonment, except for rape and sexual violence, which both carried 
maximum 15-year prison sentences. There also are specific criminal 
penalties for enslaving, raping, and forcing children into 
prostitution.
    The deputy minister of internal affairs, a known human rights 
violator, was the national coordinator for government antitrafficking 
activities. This constituted an obstacle to maintaining a victim-
centered approach to the Government's antitrafficking efforts, 
monitoring relevant government bodies' efforts, and dealing with the 
NGO community. Government bodies involved in antitrafficking included 
the Ministries of Internal Affairs, Foreign Affairs, Justice, National 
Security, and Health; the prosecutor general; the state border guard; 
State Customs Service; and the State Committee on Family, Women's and 
Children's Issues. The Ministry of Internal Affairs has a separate 
countertrafficking department. In February the Government opened a 
national hot line for victims of trafficking. During the year the 
Government did not receive any requests to assist with extradition or 
international investigations of trafficking cases.
    There was no evidence of official complicity in trafficking, but 
corruption in some government agencies facilitated trafficking.
    The law provides protections for trafficking victims by relieving 
them from civil, administrative, and criminal responsibility for 
offenses committed under coercion, intimidation, or other trafficking 
conditions. However, in practice, victims were subjected to verbal 
abuse and stigmatization by judges. Victims were often treated as 
criminals and penalized solely for unlawful acts they committed as a 
direct result of being trafficked. The law allows the use of pseudonyms 
to protect the identity of victims and provides for their assistance 
and shelter. The Government did not systematically screen vulnerable 
population groups to identify trafficking victims.
    There was no standardized mechanism to return trafficked women to 
their country. According to the IOM, some Azerbaijanis and foreign 
nationals who were either victims of trafficking or engaged in 
prostitution were deported to the country, primarily from Turkey. A few 
trafficking victims deported from Dubai received assistance from 
Azerbaijani NGOs. However, the Government had no program to assist 
them.
    The lack of a standardized victim referral network remained a 
problem. The Government referred victims to a government-funded 
shelter, which provided victims with access to legal, medical, and 
psychological services. During the year 52 victims received assistance 
at the shelter. In August, the IOM started a project with the 
countertrafficking department of the Ministry of Internal Affairs to 
strengthen management capacity of the shelter and hot line services by 
training their staff and formulating operational guidelines. A poster 
publicizing the Government's national hot line developed by the IOM's 
antitrafficking advisor was printed and distributed to various NGOs, 
international organizations and government agencies. The Government, 
while fully funding the hotline, does not operate it directly and has 
not actively advertised it.
    During the year, the Government continued to implement its 
antitrafficking action plan.
    Several NGOs, such as the Institute for Peace and Democracy's 
Women's Crisis Center and Clean World, and government bodies, such as 
the State Committee for Women's and Children's Issues, worked on 
antitrafficking activities. The Ministry of Internal Affairs claimed to 
have conducted 70 trafficking awareness programs in various parts of 
the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, and access 
to health care, or the provision of other state services, but 
discrimination in employment was a problem. It was commonly believed 
that children with disabilities were ill and needed to be separated 
from other children and institutionalized. Several international and 
local NGOs developed educational campaigns to change social perceptions 
and reintegrate disabled children.
    There are no laws mandating access to public or other buildings for 
persons with disabilities, and most buildings were not accessible.
    Care in facilities for the mentally ill and persons with 
disabilities varied; some provided adequate care while others lacked 
qualified caregivers, equipment, and supplies to maintain sanitary 
conditions and provide a proper diet.
    The Ministries of Health and Labor and Social Welfare were 
responsible for protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Some of the approximately 
20,000 citizens of Armenian descent living in the country historically 
complained of discrimination in employment, schooling, housing, the 
provision of social services, and other areas. Citizens who were 
ethnically Armenian often concealed their ethnicity by legally changing 
the ethnic designation in their passports. There were no reports of 
discrimination against Armenians during the year.
    Some groups reported sporadic incidents of discrimination, 
restrictions on the ability to teach in their native languages, and 
harassment by local authorities. These groups included Talysh in the 
south, Caucasian Lezghins in the north, displaced Meskhetian Turks, and 
displaced Kurds from the Lachin region controlled by Armenia-supported 
Nagorno-Karabakh separatists.
    On June 24, the Baku Court of Grave Crimes sentenced Novruzali 
Mammadov to 10 years'imprisonment for high treason. Mammadov, editor in 
chief of the Talysh Sedo newspaper, had been detained since February 
2007, during which time his lawyers alleged he was beaten by security 
forces. Some local NGOs alleged that his arrest was related to his 
ethnicity and cultural activities.

    Other Societal Abuses and Discrimination.--The Government did not 
officially condone discrimination based on sexual orientation; however, 
there was societal prejudice against homosexuals.
    According to the European Region of the International Lesbian and 
Gay Association's 2007 report, lesbians, gays, bisexuals, and 
transsexuals in the country were subjected to human rights abuses, 
discrimination, and social exclusion. The report characterized the 
community as ``vulnerable and exposed to extortion by law enforcement 
officials,'' facing problems such as ridicule, forced bribes, abuse, 
and in some cases rape by law enforcement officials. The report noted 
that the community lived under a constant fear of being ``outed'' to 
family, friends, and colleagues.
    There were no reports of societal violence or discriminations 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for freedom of 
association, including the right to form labor unions, but there were 
some restrictions on this right in practice. The overwhelming majority 
of labor unions remained tightly linked to the Government, with the 
exception of the independent journalists' unions.
    Uniformed military and police are prohibited from participating in 
unions, although civilians working in the Ministries of Internal 
Affairs and Defense were allowed to do so. The law also prohibits 
managerial staff from joining a union, but managers in government 
industries often had union dues automatically deducted from their 
paychecks.
    The Azerbaijani Trade Union Confederation (ATUC) had approximately 
1.6 million members, representing 28 labor federations in various 
industrial sectors. Although the ATUC was registered independently, 
some workers considered it closely aligned with the Government.
    The law allows trade unions to conduct their activities without 
government interference; in practice most unions were not independent. 
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, court employees, fire 
fighters, and health, electric power, water supply, telephone, and 
railway and air traffic control workers. Striking workers who disrupt 
public transportation can be sentenced up to three years' imprisonment. 
The law prohibits retribution against strikers such as dismissal or 
replacement. However, a local NGO claimed workers in the oil industry 
were largely unaware of their rights and afraid of retribution if they 
issued complaints.
    Labor legislation applied to all workers and enterprises in the 
country; however, the Government may negotiate bilateral agreements 
with multinational enterprises that effectively exempt such enterprises 
from national labor laws. For example, production sharing agreements 
(PSAs) between the Government and multinational energy enterprises 
signed in 1994 and subsequent years do not provide for employee 
participation in a trade union. Some labor organizations and local NGOs 
reported that some of these companies discouraged employees from 
forming unions, and most employees of multinational enterprises 
operating under the PSA arrangements were not union members, although 
there were exceptions. No new labor unions have been formed at these 
companies since 2005.
    Trade unions may legally engage in political activity, but in 
practice exercise an extremely limited political role.
    Many of the state-owned enterprises that dominated 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. Unions had no recourse to investigate 
the withheld funds.
    Membership in the Union of Oil and Gas Industry Workers remained 
mandatory for the State Oil Company's 65,000 workers, whose union dues 
(2 percent of each worker's salary) were automatically deducted from 
their paychecks.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining agreements to set wages in state 
enterprises. In reality unions could not effectively negotiate such 
wage levels because government-appointed boards ran major state-owned 
firms and set wages for all government employees. Collective bargaining 
agreements were often treated as formalities and not commonly used.
    There were no reports of government antiunion discrimination; labor 
disputes were primarily handled by local courts, which, while not 
exhibiting antiunion discrimination, were widely considered corrupt. 
There were reports of antiunion discrimination by foreign companies 
operating in Baku. Labor NGOs reported that multinational energy 
companies and their subcontractors often discouraged union membership 
by their employees. For many multinational companies, this behavior was 
enabled by the absence of union membership rights in the PSAs. Domestic 
observers reported some acts of discrimination against local workers in 
multinational companies, such as different wages paid to foreign and 
local workers for the same jobs, the lack of formal contracts for some 
local workers, and different standards of housing for foreign and local 
workers along Baku-Tbilisi-Ceyhan pipeline construction sites. There 
were reports of oil industry workers being asked to sign blank 
contracts to be filled in later.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The constitution and 
law allow forced or compulsory labor under circumstances of war or in 
the execution of a court's decision under the supervision of a 
government agency. Some observers reported that there were infrequent 
occurrences of forced or compulsory labor, including trafficking in 
women, men, and children for sexual exploitation, forced labor, and 
begging. Men and boys were trafficked to Russia for forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for the protection of children from exploitation in the 
workplace and from work that is dangerous to their health, and there 
were few complaints of abuses of child labor laws. However, there were 
reports that children were trafficked for commercial sexual 
exploitation and begging.
    The minimum age for employment depended on the type of work. In 
most instances the law permits children to work from age 15; 14*year-
old children may work in family businesses or, with parental consent, 
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 children under 18 in jobs with difficult 
and hazardous work conditions. The Ministry of Labor and Social 
Security is responsible for enforcing child labor laws. However, the 
unit responsible is considered ineffective.

    e. Acceptable Conditions of Work.--On January 1, the Government 
raised the minimum monthly wage to 60 manat (approximately $73) per 
month. The minimum wage was insufficient to provide a decent standard 
of living for a worker and family and was four manat (five dollars) 
below the official poverty level of 64 manat ($78) set by the 
Government. The Ministry of Taxes, the Ministry of Labor, and the State 
Social Protection Fund share responsibility for enforcing the minimum 
wage. However, in practice the minimum wage was not effectively 
enforced.
    The law provides for a 4-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. It was not 
known whether local companies provided the legally required premium 
compensation for overtime, although international companies generally 
did. There was no prohibition on excessive compulsory overtime. 
However, most individuals worked in the informal economy, where the 
Government did not enforce contracts or labor laws.
    The law sets health and safety standards; however, government 
inspections of working conditions were weak and ineffective, and 
standards were widely ignored. The ATUC monitored compliance with labor 
and trade regulations, including safety and health conditions.
    Workers did not have the right to remove themselves from situations 
that endangered their health or safety without jeopardizing their 
employment. According to the Oil Workers Rights Defense Council, an NGO 
dedicated to protecting worker rights in the oil sector, two oil sector 
workers died in workplace accidents during the year. Both were 
employees of the state oil company. ATUC recorded a total of five 
deaths in the whole of the energy sector and 18 deaths in state-owned 
enterprises. The International Trade Union Confederation reported that 
the Government's bilateral agreements with multinational corporations, 
the contents of which were confidential, contributed to labor rights 
violations. In November 2007 the Oil and Gas Workers' Union of 
Azerbaijan reached a new contract with the State Oil Company that 
included greater social protections and health and safety commitments. 
Workplace accidents were also a problem in other sectors of the 
economy.
    The law provides equal rights to foreign and domestic workers, 
although local human rights groups, including the Oil Workers Rights 
Defense Council, maintained that disparities existed, particularly in 
foreign oil companies, where local workers were more likely to receive 
lower pay and work without contracts or health care.

                               __________

                                BELARUS

    According to its constitution, Belarus is a republic. It has a 
population of 9.7 million, a directly elected president, who is chief 
of state, and a bicameral parliament, the National Assembly, consisting 
of the Chamber of Representatives (lower house) and the Council of the 
Republic (upper house). A prime minister appointed by the president is 
the nominal head of government. In practice, however, power is 
concentrated in the presidency. Since his election in 1994 as 
president, Alexander Lukashenka has consolidated his power over all 
institutions and undermined the rule of law through authoritarian 
means, manipulated elections, and arbitrary decrees. Subsequent 
presidential elections have not been free or fair, and the September 28 
parliamentary election failed to meet international standards. While 
civilian authorities generally maintained effective control of the 
security forces, their members continued to commit numerous human 
rights abuses.
    The Government's human rights record remained very poor as 
government authorities continued to commit frequent serious abuses. The 
right of citizens to change their government was severely restricted. 
The Government failed to account for past politically motivated 
disappearances. Prison conditions remained extremely poor, and reports 
of abuse of prisoners and detainees continued. Arbitrary arrests, 
detentions, and imprisonment of citizens for political reasons, 
criticizing officials, or for participating in demonstrations also 
continued. Some court trials were conducted behind closed doors without 
the presence of independent observers. The judiciary branch lacked 
independence and trial outcomes usually were predetermined. The 
Government further restricted civil liberties, including freedoms of 
press, speech, assembly, association, and religion. The Government 
seized published materials from civil society activists and closed or 
limited the distribution of several independent media outlets. State 
security services used unreasonable force to disperse peaceful 
protesters. Corruption continued to be a problem. Nongovernmental 
organizations (NGOs) and political parties were subjected to 
harassment, fines, prosecution, and closure. Religious leaders were 
fined, imprisoned or deported for performing services, and churches 
were either closed, deregistered, or had their congregations evicted. 
Trafficking in persons remained a significant problem, although some 
progress was made to combat it. There was discrimination against Roma, 
ethnic and sexual minorities, and against use of the Belarusian 
language. Authorities harassed independent unions and their members, 
severely limiting the ability of the workers to form and join 
independent trade unions and to organize and bargain collectively.
    There were several noteworthy developments, including release of 
the last nine internationally recognized political prisoners, allowing 
for distribution through state-controlled outlets after a three-year 
ban of two prominent independent newspapers, Narodnaya Volya and Nasha 
Niva, and the registering of the civil society NGO ``For Freedom.''
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports during the year that the Government or its agents committed any 
arbitrary or unlawful killings.

    b. Disappearance.--There were no reports of politically motivated 
or other disappearances during the year.
    On April 8, the prosecutor general extended for another three 
months its nine-year investigation into the 1999 disappearance of 
former interior minister and opposition leader Yuriy Zakharenko.
    There were no developments in the ongoing investigations in the 
1999 disappearances of opposition activist Viktor Gonchar and 
businessman Anatoliy Krasovskiy. In 2006 authorities suspended the 
investigation into the disappearance and presumed killing in 2000 of 
journalist Dmitriy Zavadskiy. There was evidence of government 
involvement in these cases, but authorities continued to deny any 
involvement in the disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, the Belarusian 
Committee for State Security (BKGB), the Special Purpose Detachment 
riot police (OMON), and other special forces continued to beat 
detainees and demonstrators.
    Police also beat individuals during arrests and in detention for 
organizing or participating in demonstrations or other opposition 
activities.
    On January 10 and 21, riot police forcefully broke up 
demonstrations in Minsk organized by small business owners and 
activists. At both demonstrations crowds estimated at 1,500 gathered to 
protest a presidential order that restricted small business hiring 
practices. More than 45 entrepreneurs and activists were arrested; some 
were beaten by police while in detention.
    On March 25, police used force to disrupt a peaceful ``Freedom 
Day'' rally in Minsk to mark the anniversary of the first independent 
Belarusian republic. More than 1,000 demonstrators took part. 
Approximately 100 persons were arrested and detained, including several 
foreign journalists. Independent and foreign broadcast media coverage 
of the rally showed riot police beating demonstrators.
    On September 16, police forcefully dispersed a monthly ``solidarity 
day'' gathering in Minsk to mark the 1999 disappearances of opposition 
figures. Riot police forced some 40 demonstrators out of the central 
square, beating several.
    On September 2, the International Federation of Human Rights (FIDH) 
in cooperation with the domestic human rights NGO ``Vyasna'' released a 
joint report, Conditions of Detention in Belarus, based on interviews 
with more than 30 persons. The report noted ``substantial evidence'' of 
the use of torture and mistreatment of suspects during criminal and 
administrative investigations.
    Hazing of new army recruits with beatings and other forms of 
physical and psychological abuse continued; however, some conditions 
improved. In July the prosecutor general's office reported that 
registered cases of hazing in the armed forces decreased by half, that 
the crime rate in the army had decreased, and that 47 military 
officials were facing minor punishment for neglecting safety 
procedures.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions remained austere and posed threats to life and health 
despite limited improvements in construction of some new facilities. 
There were shortages of food, medicine, warm clothing, and bedding. 
Ventilation in cells and overall sanitation was poor. As a result, 
tuberculosis, pneumonia, and other communicable diseases were 
prevalent.
    In its September 2 report, FIDH-Vyasna concluded that prison 
conditions in the country were ``extremely unsatisfactory and amount to 
inhumane treatment.'' Those interviewed in preparation of the report 
included former prisoners and detainees, relatives of prisoners, 
defense attorneys, NGO members, and a former judge. Despite numerous 
requests to the Ministries of Interior and Justice, government 
officials did not meet with FIDH representatives or approve requests to 
visit detention facilities.
    Former prisoners reported that medical check-ups were rare, 
conducted by under-qualified medical personnel, and that examination 
results were often fabricated. Some former political prisoners reported 
that they were treated worse than murderers, subjected to psychological 
abuse, and often had to share a cell with violent criminals. They also 
reported that authorities neither explained nor protected their legal 
rights.
    Overcrowding in prisons, detention centers, and in work release 
prisons, also known as khimiya, was a serious problem. Persons 
sentenced to Khimiya, a form of internal exile, lived in prison 
barracks and were forced to work under strict conditions. On April 22, 
seven persons were sentenced to two years of khimiya and two were fined 
3.5 million Belarusian rubles (BYR) (approximately $1,640) for 
participating in a January 10 demonstration organized by small business 
owners.
    The law permits family and friends to bring detainees food and 
hygiene products and to mail parcels to prisoners, but in many cases 
authorities did not respect the law.
    According to the Government, there were 30,000 persons in 
confinement in 2007, as well as nearly 8,000 convicts in alternative 
correctional facilities and 7,000 persons in pretrial detention. 
Prisoners who complained about abuse of their rights often faced 
humiliation, death threats, or other forms of punishment. Some said 
they were blackmailed. Sources claimed that applications for parole 
frequently depended on bribing prison personnel. While standard bribes 
were generally between BYR 430,000 to BYR 646,000 ($200 to $300), high-
profile prisoners were often asked to pay larger amounts.
    During the year there were no reports of independent monitoring of 
prison conditions by domestic or international human rights groups, 
independent media, or the International Committee of the Red Cross. 
However, on occasion, authorities granted foreign diplomats access to 
political prisoners and other jailed persons in the presence of prison 
officials.

    d. Arbitrary Arrest or Detention.--The law limits arbitrary 
detention; however, the Government did not respect these limits in 
practice. Authorities continued to arrest individuals for political 
reasons and to use administrative measures to detain political 
activists before, during, and after protests.

    Role of the Police and Security Apparatus.--The Ministry of 
Interior has authority over the police, but the BKGB and presidential 
security forces also exercised police functions. The president has the 
right to subordinate all security bodies to his personal command. Petty 
corruption among police was widespread. From January to May the number 
of corruption-related offenses increased by 15.5 percent while bribery 
cases reportedly rose from 470 to 501. Impunity remained a serious 
problem. While individuals have the right to report police abuse to the 
prosecutor, the Government often did not investigate abuses by the 
security forces or hold perpetrators accountable.

    Arrest and Detention.--Police frequently detained and arrested 
individuals without a warrant. Under the law, police must request 
permission from a prosecutor to detain persons for longer than three 
hours. In practice, however, these procedures usually were a formality. 
Detained persons suspected of a crime may be held for up to 10 days 
without formal charge and for up to 18 months after charges are filed. 
Under the law, prosecutors and investigators have the authority to 
extend detention without consulting a judge. Detainees have the right 
to petition the legality of their detention; however, in practice, 
appeals by suspects seeking court review of their detentions were 
frequently suppressed or ignored.
    Police often detained individuals for several hours, ostensibly to 
confirm their identity. This tactic was frequently used to detain 
members of the opposition and demonstrators, to prevent the 
distribution of leaflets and newspapers, or as a pretext to break up 
civil society meetings.
    During the year authorities arbitrarily detained or arrested scores 
of individuals, including opposition figures and members of the 
independent media, for reasons that were widely considered to be 
politically motivated.
    On March 27, BKGB officers detained Pavel Levinov, a human rights 
advocate and lawyer for the Vitebsk-based Belarus Helsinki Committee. 
On May 23, a Vitebsk court sentenced Levinov in absentia to 10 days in 
jail and a BYR 700,000 ($325) fine for disobeying orders and using 
obscenities.
    Between July 7 and 10, authorities detained more than 15 opposition 
and human rights activists in connection to a July 4 bombing in central 
Minsk that injured 50 persons. They were released without charge after 
10 days. The human rights NGO ``Vyasna'' criticized the arrests and 
accused the BKGB of using the incident as a pretext to detain and 
question activists and intimidate their family members. Interior 
Ministry officials would not confirm the total number of persons 
detained or released. Investigations into the bombing continued at 
'year's end.
    On July 26, police and BKGB representatives detained and released 
approximately 50 youth activists for violating environmental laws while 
they were camping near a lake in the Borisov district. The youths were 
participating in a three-day camp organized by the European Belarus 
coalition.
    Authorities placed persons under modified house arrest. On May 27, 
activists Pavel Vinahradaw and Mikhail Subach were sentenced to two 
years of ``restricted freedom'' for participating in the January 10 
entrepreneurs' protest in Minsk. The third person, a minor named Maksim 
Dashuk, received an 18-month sentence.
    In 2006 authorities detained or arrested approximately 1,000 
persons throughout the country for political reasons before and after 
the March presidential election. Many of those detained or arrested 
were bringing food and clothing to demonstrators protesting the 
fraudulent March presidential election in Minsk's October Square.

    Amnesty.--During the first five months of the year authorities 
released more than 2,700 prisoners under provisions of a 2007 amnesty 
law. Unlike in previous years, there was no new general amnesty.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary; however, the Government did not respect judicial 
independence in practice. Corruption, inefficiency, and political 
interference were prevalent in the judiciary.
    There was evidence that prosecutors and courts convicted 
individuals on false and politically motivated charges, and that 
executive and local authorities dictated the outcomes of trials.
    The criminal justice system has three tiers: District Courts, 
regional courts, and the Supreme Court. A Constitutional Court is 
empowered to adjudicate constitutional issues and to examine the 
legality of laws; however, in practice it was subservient to the 
executive branch.
    The president appoints six of the 12 members of the Constitutional 
Court, including the chairman, as well as the chairmen of the Supreme 
Court and the Supreme Economic Court. He also has the authority to 
appoint and dismiss all district and military judges. Judges depended 
on executive branch officials for personal housing.
    Prosecutors are organized into offices at the district, regional, 
and national levels. They answer to and serve at the pleasure of the 
prosecutor general, who is appointed by the president. Prosecutors are 
not independent and do not have authority to bring charges against the 
president or members of his executive staff.
    A 2006 report by the UN special rapporteur on Belarus described the 
authority of prosecutors as ``excessive and imbalanced'' because they 
can extend detention without the permission of judges. The report also 
noted an imbalance of power between the prosecution and the defense. 
Defense lawyers cannot examine investigation files, be present during 
investigations, or examine evidence against defendants until a 
prosecutor formally brought the case to court. Lawyers found it 
difficult to call some evidence into question because technical 
expertise was under the control of the prosecutor's office. According 
to many defense attorneys, these imbalances of power had intensified at 
the beginning of the year, especially in relation to politically 
motivated criminal and administrative cases. There were very few cases 
in which criminal defendants were found innocent.
    By presidential decree all lawyers are subordinate to the Ministry 
of Justice. Lawyers must be licensed by the ministry, are required to 
work for the state in regional collegiums, and must renew their 
licenses every five years. The law prohibits attorneys from private 
practice. Unlike in previous years, there were no reports during the 
year that authorities revoked lawyers' licenses for defending NGOs or 
opposition political parties.

    Trial Procedures.--The law provides for the presumption of 
innocence; however, in practice defendants frequently had to prove 
their innocence. The law also provides for public trials; however, 
trials were occasionally closed and frequently held in judges' offices. 
Judges adjudicate all trials; there is no system of trial by jury. 
However, in the case of grave crimes, a judge adjudicates the trial 
with the assistance of two civilian advisors.
    Defendants have the right to attend proceedings, confront 
witnesses, and present evidence on their own behalf; however, in 
practice these rights were not always respected.
    On May 15, Malady Front leaders Artur Finkevich and Zmitser 
Dashkevich were sentenced in absentia to seven days in jail for their 
participation in a May Day demonstration. They were notified of their 
sentences on May 19.
    On May 23, Malady Front leader Zmitser Fedaruk was notified that he 
had been sentenced in absentia two weeks earlier to 10 days in jail and 
fined BYR 1,050,000 ($490) for participating in a May Day rally and 
disobeying police. The notification occurred after the 10-day appeal 
period had passed.
    The law provides for access to legal counsel for detainees and 
requires that courts appoint lawyers for those who cannot afford one; 
however, at times these rights were not respected, and some detainees 
were denied access to a lawyer. The law 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 organizations in court.
    Courts often allowed information obtained from forced 
interrogations to be used against defendants.
    Defendants have the right to appeal court decisions, and most 
defendants appealed their criminal convictions. In an appeal, 
defendants and witnesses seldom appeared before the court and the court 
usually reviewed the protocol and other documents from a lower court 
trial. In the vast majority of cases, upper courts upheld the verdicts 
found in the lower court.

    Political Prisoners and Detainees.--During the year authorities 
released from prison nine internationally recognized political 
prisoners. However, authorities continued to harass former political 
prisoners and detainees with short-term detentions and jail sentences.
    In January and February, authorities released five political 
prisoners: Zmitser Dashkevich, Yuriy Leonov, Nikolay Avtukhovich, Artur 
Finkevich and Andrey Klimov. Dashkevich, a youth leader, served 16 
months of an 18-month sentence for heading an unregistered 
organization. Leonov and Avtukhovich, who headed an independent small 
business group, were each sentenced in 2006 to three years in prison 
for alleged illegal activities and tax evasion. Finkevich, a youth 
activist, served more than two years for writing political graffiti. 
Klimov, a United Civic Party member, was jailed in April 2007 for 
posting an antigovernment article on his party's Web site.
    On February 22, political prisoner Alyaksandr Sdzvizhkov was 
released after serving three months of a three-year sentence. The 
former editor of the independent weekly newspaper Zhoda was sentenced 
in January for reprinting controversial Danish cartoons of the Prophet 
Mohammad in a 2006 issue of the paper.
    On August 16, authorities released political prisoner and former 
presidential candidate Alyaksandr Kazulin. He served more than two 
years of a five-and-a-half-year sentence. Associates claimed that he 
did not receive adequate medical attention after he was beaten by 
police during his March 2006 arrest or following a 53-day hunger strike 
in 2007 to protest his jailing and the fraudulent 2006 presidential 
election.
    On August 20, youth activist Andrey Kim and entrepreneur Sergey 
Parsyukevich, the last two political prisoners, were released. Kim was 
arrested in January and later sentenced to an 18-month jail term for 
allegedly threatening a police officer during a demonstration. 
Parsyukevich was jailed in April for allegedly violating new business 
regulations and attacking a police officer while in jail.
    In other cases, authorities refused amnesty to activists who were 
serving sentences of house arrest based on charges widely considered to 
be politically motivated.

    Civil Judicial Procedures and Remedies.--Individuals can file 
lawsuits seeking damages for, or cessation of, a human rights 
violation; however, the civil judiciary is not independent and rarely 
impartial in such matters.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not respect these prohibitions in practice. Under the 
law, persons who obstruct BKGB officers in the performance of their 
duties, including actions that in principle may be illegal, could be 
penalized or charged with an administrative offense. Such obstruction 
includes any effort to prevent BKGB officers from entering the premises 
of a company, establishment, or organization, and refusing to allow 
BKGB audits or to deny or restrict BKGB access to information systems 
and databases.
    The law requires a warrant for searches; however, the BKGB entered 
homes, conducted unauthorized searches, and read mail without warrants. 
The BKGB has authority to enter any building at any time, as long as it 
applies for a warrant within 24 hours after the entry. There were 
credible reports that government agents covertly entered homes of 
opposition activists and offices of opposition groups and monitored the 
actions of individuals.
    There were numerous instances in which authorities searched 
residences and offices for clearly political reasons. For example, on 
January 12, the BKGB raided the apartment of independent journalist 
Sergey Podsasonniy and seized computer equipment and a video camera on 
the pretext of investigating his involvement in the opposition youth 
group Malady Front.
    On June 16, police officers searched the residence of opposition 
activist Tatyana Vanina in Dzerzhinsk. Officers produced a search 
warrant dated May 19, which claimed that Vanina illegally produced 
printed materials.
    On August 7, special police and BKGB officers broke down the doors 
to the Malady Front headquarters in Minsk and arrested seven youth 
activists. The officers did not produce a search warrant and said they 
entered the apartment based on an anonymous tip that there was a dead 
body inside. Former Malady Front leaders, Zmitser Dashkevich and Artur 
Finkevich, were sentenced to seven days' confinement. A third activist, 
Pavel Kuryanovich, was sentenced to 15 days in jail.
    On November 19, authorities searched the office of the ``For 
Freedom'' movement. According to ``For Freedom'' leader Alyaksandr 
Milinkevich, court officers inventoried all the property in the 
apartment because a person involved in a criminal case had lived there 
10 years earlier.
    The law prohibits authorities from intercepting telephone and other 
communications without a court order. In practice authorities monitored 
residences, telephones, and computers. Nearly all opposition political 
figures reported that authorities monitored their conversations and 
activities.
    The BKGB, the Internal Affairs Ministry, and certain border guard 
detachments may use wiretaps but must first obtain a prosecutor's 
permission. However, the lack of independence of the prosecutor's 
office rendered due process protections meaningless.
    The Government owned a controlling share in all but two cellular 
telephone companies. Ministry of Communications' contracts for 
telephone service prohibited subscribers from using such services for 
purposes contrary to state interests and public order. The ministry has 
the authority to terminate telephone service of those who breach the 
law.
    There were numerous reports that the Government coerced young 
persons, university students, and military conscripts to join the pro-
Lukashenka state-funded NGO Belarusian Republican Youth Union (BRYU). 
In addition, the Government employed and encouraged a widespread system 
of BRYU informants organized into civilian patrol squads, whose 
supposed purpose was to encourage students to become law-abiding 
citizens. At the beginning of 2007 there were an estimated 3,633 
civilian patrol squads with as many as 43,000 members. Almost 200 
``voluntary'' squads had been created, with 49 of them policing higher 
educational institutions, 77 operating at general educational schools, 
and 66 at vocational training schools.
    High school students feared that they would not be allowed to 
enroll in universities without BRYU membership, and university students 
reported that proof of BRYU membership was often needed to register for 
popular courses or to receive a dormitory room. Universities also 
offered patrol members discounts on tuition. On January 11, Minister of 
Education Alyaksandr Radzkou stated that membership in the BRYU would 
be considered in new mandatory recommendations for students who wished 
to train for professions in foreign affairs, state administration, and 
journalism.
    There were also reports that authorities threatened to punish 
family members for alleged violations or opposition activities. For 
example, in June, the wife of Gomel-based United Civic Party leader 
Vasiliy Polyakov was dismissed from her job as a history teacher. The 
school's administration stated it would not extend her employment 
agreement after alleging that she did not follow ``state policies.'' 
After the July 4 bombing in Minsk, the BKGB questioned Alena Kavalenka, 
wife of Belarusian Popular Front member Syarhey Kavalenka, and told her 
she was being watched.
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 and enforced numerous laws to control 
and censor the media.
    Individuals could not criticize the Government publicly without 
fear of reprisal. Authorities videotaped political meetings, conducted 
frequent identity checks, and used other forms of intimidation. Wearing 
masks, displaying unregistered flags, symbols, and placards bearing 
messages deemed threatening to the Government or public order are also 
prohibited.
    The law also limits free speech by criminalizing actions such as 
giving information to a foreigner about the political, economic, 
social, military, or international situation of the country that 
authorities deem to be false or derogatory.
    On August 4, Lukashenka signed a new media law that will allow 
authorities to further restrict press freedoms. The law, which takes 
effect in February 2009, subjects online news sources to the same 
regulations as print and broadcast media, requires re-registration of 
most existing media, accreditation of journalists, and limits support 
from foreign organizations at 30 percent. The new law was widely 
criticized by domestic and international NGOs and press advocates such 
as the Committee to Protect Journalists, Article IX, the Belarusian 
Association of Journalists (BAJ), and Civic Belarus.
    There were independent newspapers and magazines and Internet news 
Web sites. However, they operated under repressive media laws and most 
faced discriminatory publishing and distribution policies.
    State-owned media dominated the information field and had the 
highest circulation and viewership. The state-owned postal system, 
Belpochta, and the state-owned kiosk system, Belsoyuzpechat, continued 
to refuse to deliver and sell more than a dozen independent newspapers. 
In 2007 Belpochta removed three popular Russian newspapers (Kommersant, 
Moskovskiy Komsomolets, and Nezavisimaya Gazeta) from its subscription 
list. However, other Russian newspapers, including Izvestiya, were 
distributed. Media analysts asserted that the newspapers were removed 
because of reporting critical of Lukashenka's policies.
    On November 25, independent newspapers Narodnaya Volya and Nasha 
Niva signed contracts for distribution through state distribution 
systems after a three-year government ban. Narodnaya Volya also reached 
agreement with authorities for the newspaper to be printed at a state-
owned press in Minsk. The newspaper previously was printed in Smolensk, 
Russia due to government harassment. However, while both papers were 
publicly available, they were still subject to restrictions.
    Local authorities frequently warned independent editors and 
journalists to avoid reporting on certain topics and not to criticize 
the Government. Authorities also warned businesses not to advertise in 
newspapers that criticized the Government.
    International media continued to operate in the country but not 
without interference and harassment. Euronews and Russian channels TV 
Center, NTV, and RTR were generally available, although only through 
paid cable services in many parts of the country. Their news programs 
were at times blocked or replaced with local programming. Broadcasts 
from other countries, including Poland and Lithuania, could be received 
in parts of the country, usually along the border.
    The Government continued to harass and arrest journalists.
    On January 12, the BKGB and police officers detained independent 
journalists Vladimir Samoilov, Galina Samoilova, and cameraman Valery 
Buldyk. Police questioned them about their work for the Warsaw-based 
independent satellite television channel Belsat and confiscated their 
equipment, alleging that it was stolen property.
    On March 27-28, authorities raided private residences and offices 
of approximately 30 journalists in 12 cities. According to the BAJ, 
BKGB officers detained 16 journalists and confiscated computers, audio 
and video equipment, and printed materials. The coordinated crackdown 
followed the violent police breakup of the peaceful March 25 Freedom 
Day demonstration in Minsk. The Minsk deputy prosecutor Aleksey Stuk 
stated that he authorized the searches and seizures because of the 
journalists' extensive coverage of the demonstration and the violent 
police action.
    Some foreign journalists were prevented from reporting in the 
country. For example, on May 28, the Ministry of Foreign Affairs 
informed Aleksey Minchyonok, a journalist with independent Polish radio 
station Radio Racyja, that he would not be accredited because of 
``earlier illegal work for foreign media without proper 
accreditation.''
    The Government censored the media. Authorities frequently imposed 
heavy fines on journalists and editors for criticizing the president 
and his supporters. Many publications were forced to exercise self-
censorship. Authorities warned, fined, or jailed members of the media 
who publicly criticized the Government.
    The Government tightly controlled the content of domestic broadcast 
media. In April 2007 the president stated that control of radio and 
television stations remained a high priority for the Government and 
that private stations would not be allowed to operate in the country. 
He also stated that state publishing houses would never sign contracts 
with independent media publications that violated media laws.
    Only the state-run radio and the state-run television networks ONT, 
the First National Channel, and Capital Television were allowed to 
broadcast nationwide. The Government continued to use its virtual 
monopoly on television and radio broadcasting to disseminate its 
version of events and to minimize opposing points of view. State 
television coordinated its propaganda documentaries with the country's 
security services. For example, the First National Channel frequently 
aired video footage of meetings between opposition activists and 
representatives of international organizations and foreign embassies 
that security service personnel had filmed.
    Local independent television stations operated in some areas and 
reported local news relatively unhindered by the authorities; however, 
most were under government pressure to forego reporting on national 
issues or be censored. Such stations were frequently pressured into 
sharing materials and cooperating with authorities to intimidate local 
opposition and human rights groups that meet with foreign diplomats.
    Under the law, the Government may close a publication after two 
warnings in one year for violating a range of restrictions on speech 
and the press. In addition, regulations give authorities arbitrary 
power to prohibit or censor reporting. The State Committee on the Press 
can suspend periodicals or newspapers for three months without a court 
ruling. The law also prohibits the media from disseminating information 
on behalf of unregistered political parties, trade unions, and NGOs.
    On May 16, Minsk city authorities ordered the private cable 
television service provider Kosmos TV to halt immediately broadcasting 
of three Russian channels. Two of the three channels aired a prohibited 
documentary about Lukashenka.
    Under the law, libel is a criminal offense. Slandering and 
insulting the president and public officials carry large fines and 
prison sentences of up to four years. The libel law makes no 
distinction between private and public persons concerning defamation of 
character. A public figure who was criticized for poor performance 
while in office may sue both the journalist and the media outlet that 
disseminated the critical report.
    In October 2007 the independent newspaper Narodnaya Volya and one 
of its staff journalists were fined BYR 25 million ($11,600) and BYR 
two million ($940) respectively for allegedly defaming the head of the 
president's ideological office. In December 2007, the Novy Chas 
newspaper and a staff journalist were ordered to pay BYR 50 million 
($23,200) and BYR one million ($465), respectively, to a member of the 
National Assembly for an analytical article about the 'lawmaker's 
involvement in a Soviet-era criminal case and a state-controlled 
writers' union. The newspapers paid the fines and resumed publication.
    The Government took numerous other actions during the year to limit 
the independent press, including limiting access to newsprint and 
printing presses. Several independent newspapers, including Vitebskiy 
Kuryer M printed materials in Russia because domestic printing presses 
(mostly state-owned) refused to print them. Other independent 
newspapers, such as Solidarnost, disseminated Internet-only versions 
due to printing and distribution restrictions.
    On April 25, police confiscated hundreds of copies of the 
independent newspaper Vitebskiy Kuryer M from opposition activist and 
distributor Valery Shchukin upon his arrival from Smolensk, Russia, 
where the paper was printed. Shchukin was charged with violating 
newspaper distribution laws. On May 20, an Ushachy District Court fined 
Polotsk Malady Front members Yekaterina Solovyova and Ales Krutkin BYR 
1,050,000 ($490) each for distributing illegally printed materials. On 
July 10, police arrested Barys Khamayda for selling independent 
newspapers in Minsk. An unknown assailant later beat up Khamayda; 
police charged Khamayda with using obscene language against the 
assailant and detained him for three days.
    In May authorities ordered the Grodno-based independent newspaper 
Gazeta Slonimskaya to vacate the premises it rented from a state-
controlled company by June 1. The newspaper's editor, Viktar 
Uladashchuk, stated that he could not lease a new office because rental 
agencies feared government reprisals. At year's end the newspaper 
journalists continued to work at their homes.
    On June 18, the Information Ministry issued a warning to Vitebskiy 
Kuryer M for violating the law on media by misstating its address and 
failing to report a change of address. One month earlier, the Supreme 
Economic Court again denied the newspaper's registration application.
    During the year there were numerous examples of the Government 
confiscating independent and opposition newspapers and seizing leaflets 
and other materials deemed to have been printed illegally.

    Internet Freedom.--The Government restricted access to the 
Internet, and monitored e-mail and Internet chat rooms. Many 
individuals and groups could not engage in the peaceful expression of 
views via the Internet, including by e-mail.
    The authorities freely monitor internet traffic. Internet cafe 
owners are required to maintain records of their customers and submit 
them to government security services. By law, Beltelekom and other 
organizations authorized by the Government have the exclusive right to 
maintain Internet domains.
    Approximately 30 percent of the population, particularly in urban 
areas, had access to the Internet. Access was restricted by relatively 
high costs and lack of high-speed services. On occasion state providers 
blocked independent and opposition Web sites during major political 
events.
    On January 10, the Web sites of Radio Liberty, Charter 97, 
Belarusian Partisan, and the United Civic Party were partially or fully 
blocked because of their then-ongoing coverage of the demonstrations by 
small business owners in Minsk. Access to the Radio Liberty, Radio 
Svoboda, and Charter 97 Web sites was again disrupted in April prior to 
demonstrations marking the anniversary of the Chernobyl disaster.
    On August 4, Lukashenka signed into law new regulations that will 
subject Internet news outlets to the same requirements as print media, 
including registration. The law, which takes effect in February 2009, 
will also allow the state to legally block any unregistered Web sites, 
regardless of their origin.
    In response to the Government's interference and Internet 
restrictions, many opposition groups and independent newspapers 
switched to Internet domains operated outside the country. According to 
sources, the few remaining independent media sites with domestic 
``.by'' domains practiced heavy self-censorship.

    Academic Freedom and Cultural Events.--There government restricted 
academic freedom and cultural events. Educational institutions were 
required to teach an official state ideology that combined reverence 
for the achievements of the former Soviet Union and the country under 
the leadership of Lukashenka. Use of the word ``academic'' was 
restricted; NGOs are prohibited from including the word ``academy'' in 
their titles.
    During the year authorities dismissed teachers and researchers on 
political grounds. For example, Uladzimir Savitski, head master of a 
Vezha village secondary school, demanded that teachers join the Belaya 
Rus movement or face dismissal. All but one teacher signed membership 
applications. Forced registrations of teachers for the Belaya Rus 
movement also occurred at a kindergarten in the same village, and at a 
secondary school in Hutsuki.
    In March, Pavel Nazdra, an activist with the unregistered 
Belarusian Christian Democracy party was fired from his job at the 
Mazyr State Teachers' Training University in Gomel region, allegedly 
for being absent from work. Nazdra claimed he was fired for his 
political activities and denied violating his labor contract with the 
university.
    Government-mandated textbooks contained a heavily propagandized 
version of history and other subjects. All schools, including private 
institutions, are considered political bodies that must follow state 
orders and cannot be headed by opposition members. The education 
minister has the right to appoint and dismiss the heads of private 
educational institutions.
    The Government tasked BRYU, the pro-Lukashenka, state-funded youth 
organization, with ensuring ideological purity among students. 
University Students reportedly were pressured to join the BRYU to 
receive benefits and rooms in dormitories. Local authorities also 
pressured BRYU members to campaign on behalf of government candidates. 
In addition, authorities at times pressured students to act as 
informants for the country's security services.
    According to an education ministry directive, educational 
institutions may expel students who engage in antigovernment or 
unsanctioned political activity and are to maintain the proper 
ideological education of students. During the year at least 10 students 
were expelled for politically motivated reasons, compared with 20 
students in 2007 and more than 100 in 2006. However, some school 
officials continued to cite poor academic performance or absence from 
classes as reasons for expulsions.
    Between January 21 and 22, three student activists-Tatyana 
Tsishkevich, Paval Kuryanovich and Zmitser Zhaleznichenka-were expelled 
from various higher education institutions. Tsishkevich was initially 
expelled from the Belarus State University for late payment of fees, 
but officials later said it was due to ``violations against public 
order and morality.'' Kuryanovich was expelled from the Minsk State 
Radiotechnical College for missing classes because of his 20-day 
detention for participating in a January 16 protest. Zhaleznichenka, a 
member of the opposition Belarusian Popular Front, was expelled from 
Gomel State University for alleged violations of the institution's 
internal rules and an eight-day jail sentence he received after his 
first expulsion from the university in September 2007. In June, Franak 
Vyachorka, a member of the Belarusian Popular Front, and Ivan Shylo, a 
Malady Front leader, were dismissed from school for participating in 
unsanctioned opposition rallies.
    The Government also restricted cultural events. During the year the 
Government continued to force opposition theater groups into venues 
such as bars and private apartments and to suppress unofficial 
commemorations of historical events.
    In March the Maksim Gorky National Academic Drama Theater did not 
renew Hanna Salamyanskaya's employment contract, and the Drama Theater 
of the Belarusian Army dismissed Maryna Yurevich. The two actresses had 
participated in a tour in the United Kingdom with the Free Theater, a 
Minsk-based underground theater company.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of peaceful assembly; 
however, the Government severely restricted this right in practice.
    Only political parties, trade unions, or registered organizations 
may request permission for a demonstration of more than 1,000 persons. 
The law criminalizes participation in the activities of unregistered 
NGOs, training of persons to demonstrate, financing of public 
demonstrations, or solicitation of foreign assistance ``to the 
detriment'' of the country. Violations are punishable by up to three 
years in prison.
    Organizers must apply at least 15 days in advance for permission to 
conduct a public demonstration, rally, or meeting. Government officials 
must respond no later than five days prior to the scheduled event. 
However, authorities generally refused permits to opposition groups or 
granted permits for demonstrations away from city centers.
    For example, activists requested to hold the annual March 25 
Freedom Day and April 26 Chernobyl commemoration demonstrations in 
central Minsk. While protestors were not allowed to assemble at a 
prominent downtown location, city authorities instead gave permission 
for a demonstration in a secluded park. Belarusian Communist Party 
members were also directed to this same remote park to commemorate May 
Day.
    On July 30, Brest city administrators refused to allow human rights 
activist Roman Kislyak to hold a rally to draw attention to indictments 
for petty hooliganism against activists.
    Authorities used intimidation and threats to discourage persons 
from participating in demonstrations, openly videotaped participants, 
and issued heavy fines or jail sentences on participants of 
unsanctioned demonstrations. Police and other security officials beat 
and detained demonstrators during and after unsanctioned, but 
otherwise, peaceful demonstrations.
    Police also used preemptive arrests to stop protests. In some 
instances the Government encouraged and coordinated with progovernment 
groups to disrupt opposition demonstrations.
    On March 21, four opposition youths in Gomel were arrested for 
distributing leaflets about demonstrations to take place in Gomel on 
March 23 and in Minsk on March 25. The youths spent three days in a 
detention center before being convicted of violating rules on mass 
demonstrations.
    On August 11, Malady Front activist Lyudmila Atakulava was 
sentenced to 10 days in jail for participating in an unsanctioned 
demonstration on August 10 outside the Russian Embassy in Minsk. 
Fifteen youth activists took part in the 15-minute protest; three other 
protesters were arrested but released without charges.
    In March 2006 up to 12,000 persons gathered in and around Minsk's 
central square during a five-day period to protest the fraudulent 
outcome of the presidential election. Security forces used force to 
break up a make-shift encampment and arrested approximately 250 
persons. Following the arrests, approximately 7,000 persons again 
attempted to gather in the square to protest the police violence and to 
mark Freedom Day. Riot police again used force to prevent demonstrators 
from entering the square and break up the rally.

    Freedom of Association.--The law provides for freedom of 
association; however, the Government severely restricted it in 
practice.
    The Government enforced laws and registration regulations to 
restrict the operation of independent associations that might be 
critical of the Government. All NGOs, political parties, and trade 
unions must register with the Ministry of Justice. A government 
commission reviews and approves all registration applications; in 
practice, its decisions have been based largely on political and 
ideological compatibility with the Government's authoritarian 
philosophy.
    Registration procedures required applicants to provide the number 
and names of founders, along with a legal address in a non-residential 
building. Individuals listed as members are vulnerable to retribution. 
The Government's refusal to rent office space to unregistered 
organizations and the expense of renting private space forced most 
organizations to violate the non-residential address requirement. This 
allowed authorities to deregister existing organizations and deny their 
reregistration.
    On August 12, the Supreme Court upheld the Ministry of Justice's 
second decision to deny registration to the Belarusian Christian 
Democracy Party (BCD), citing technical flaws in the association's 
registration documents. The group was also denied registration in 
December 2007 for failing ``to explain the meaning of Christian 
principles and values.''
    In October 2007 the Supreme Court ruled against the NGO 'Vyasna's 
appeal to reverse a justice ministry decision to deny its registration 
application. The ministry stated that Vyasna did not meet technical 
requirements of the law on NGO organizations and that its charter was 
too vague.
    Since 1997 authorities have denied Malady Front's registration 
application six times, including a request during the year to hold a 
founding conference in a public square in Minsk.
    During the year the Ministry of Justice again reported that it 
continued to issue written warnings to NGOs, political parties, and 
trade unions and that the courts continued to suspend or deregister 
NGOs and political parties for ``systematic or severe violations of the 
law.'' Harassment in the form of inspections by security officials and 
confiscation of political literature, usually without warrants 
continued.

    c. Freedom of Religion.--The law provides for freedom of religion; 
however, the Government restricted this right in practice. While the 
constitution affirms the equality of religions and denominations, it 
also contains restrictive language, stipulating 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 continued to use restrictive provisions of the 2002 
religion law to hinder or prevent activities of groups other than the 
Belarusian Orthodox Church. In particular, the law restricts the 
ability of religious organizations to provide religious education, 
requires governmental approval to import and distribute literature, and 
prohibits foreigners from leading religious organizations. A concordat 
and other arrangements with the Government provide the Belarusian 
Orthodox Church with privileges not enjoyed by other religious groups. 
The Belarusian Orthodox Church is a branch of the Russian Orthodox 
Church and the only officially recognized Orthodox denomination in the 
country.
    On January 8, Lukashenka described the Belarusian Orthodox Church 
as the ``main ideologist of our country,'' asserting that ``we have 
never separated ourselves from the church.'' On April 28, he promised 
that the Government would help the church ``serve the Fatherland and 
people.'' However, despite the BOC's favored status, the Government on 
occasion warned church leaders about their ``excessive influence.''
    All religious matters are regulated by the Office of the 
Plenipotentiary Representative for Religious and Nationalities Affairs 
of the Council of Ministers (OPRRNA). Under the law, religious 
organizations must register either with OPRNA or with local and 
regional governments. Only groups with 20 or more members may be 
registered as religious communities. Groups affected by this 
restriction include the Pentecostal congregation, which has only 13 
adult members.
    During the year OPRRNA refused to register some nontraditional 
religious groups, making their meetings illegal. As of January 2007 the 
OPRRNA reported that 25 religious denominations with 3,103 religious 
organizations were officially registered.
    The office of religious affairs continued to deny registration to 
what it considered non-traditional faiths, mainly Protestant groups 
such as the New Life Church and the Belarusian Evangelical Church. Most 
Christian communities campaigned for amendments to change the 2002 
religion law, which restricts their activities and allows criminal 
prosecution of individuals for their religious beliefs.
    However, in contrast with previous years, officials registered 
several Hare Krishna communities during the year. On December 22, a 
community official said that six out of seven Hare Krishna communities 
had obtained registration. The community in Bobruysk remains 
unregistered, but still operates. It took six years, numerous law suits 
and fines before the communities were allowed to legally hold services 
and ceremonies.
    On March 2, the Constitutional Court rejected a petition with 
50,000 signatures that sought to amend key restrictive provisions of 
the religion law. The court stated that only the president and 
government officials can question the constitutionality of laws.
    Under the law, residential property can only be used for religious 
services if it has been officially converted from residential use, 
which requires all religious organizations to reregister their 
properties. Authorities continued to reject reregistration requests 
from many Protestant churches and other nontraditional faiths. As a 
result, the groups often were forced to meet illegally or in the homes 
of individual members.
    The Government continued to limit the ability of groups to own or 
use property for religious purposes. A property that is not registered 
makes religious activity there illegal.
    On November 25, the Supreme Economic Court again postponed a 
hearing on a case brought by the New Life Church against Minsk city 
officials for seizing the church's land and property in 2005. A lower 
economic court had ruled in the city's favor, ordering the church to 
sell the property to the city below market value. In September the city 
had offered the church new land that was four times smaller, which the 
church declined.
    The law allows persons to gather in private homes to pray but 
requires them to obtain permission from local authorities to hold 
rituals, rites, or ceremonies in homes. Police interfered with 
religious meetings in residences several times during the year and 
sometimes arrested and fined participants.
    Baptists, Pentecostals, and other Protestants were warned or fined 
for illegally conducting religious services based on charges of 
disturbing public order or illegally gathering without prior 
permission.
    On April 28 and again on June 9, Pentacostal pastor Valentin 
Borovik was charged with leading an unregistered religious 
organization. He was fined BYR 140,000 ($65) the first time and BYR 
315,000 ($146) the second time.
    The law allows citizens to speak freely about their religious 
beliefs; however, authorities continued to prevent, interfere with, or 
punish persons who proselytized for any religious group other than the 
Belarusian Orthodox Church.
    The Government did not permit foreign missionaries to engage in 
religious activities outside of their host institutions. The law 
requires one-year, multiple-entry ``spiritual activities'' visas for 
foreign missionaries. Observers expressed concern that lack of 
standardized government guidance on implementing visa laws could affect 
the ability of missionaries to live and work in the country.
    On February 7, the Council of Ministers introduced a directive that 
outlines the grounds to denying entry to foreign and stateless clergy 
invited by local religious organizations. The grounds include 
presenting false data in travel papers, lack of Belarusian or Russian 
language skills, a conviction of an administrative charge, and any 
previous denial of entry by into the country. Foreign religious figures 
must also submit an increased number of documents that makes the 
process cumbersome.
    According to Syarhey Lukanin, a legal expert for the Minsk-based 
Protestant New Life Church, the directive will restrict the number of 
foreign clergy entering the country. He stated that 28 foreign priests 
were either deported or did not have their visas extended during the 
last 18 months.
    The law also prohibits the establishment of offices by foreign 
organizations whose activities incite ``national, religious, and racial 
enmity'' or could ``have negative effects on the physical and mental 
health of the people.''
    On December 17, three Polish Catholic priests working in the Hrodna 
diocese were denied an extension of their permits to engage in 
religious activities. Authorities claimed the clergymen did not have 
good grasp of the country's state languages, despite their having 
worked in the country for many years.
    Foreign citizens officially in the country for nonreligious work 
can be reprimanded or expelled if they participate in religious 
activities.
    The law does not provide for the return of property seized during 
the Nazi occupation or the Soviet period and restricts the return of 
property used for cultural or educational purposes.
    At year's end authorities still had not followed through on a 
commitment to find a new location for state archives stored in a former 
Roman Catholic monastery complex-the Bernadine Monastery-in central 
Minsk. In March 2007 the Government announced new plans to convert the 
monastery into a hotel and entertainment center. The plan triggered 
protests from the catholic community, forcing authorities to suspend 
it.

    Societal Abuses and Discrimination.--There was a generally amicable 
relationship among religious groups and a widely held ethic of 
tolerance; however, during the year several religious sites were 
vandalized and there were reports of occasional anti-Semitic incidents.
    On December 19, a District Court banned as ``extremist'' and 
``anti-Semitic'' 13 religious books and other materials published and 
distributed by the Minsk-based Christian Initiative Company. In a 
related development the prosecutor general's office revoked the 
company's publishing and retail licenses and seized 50,000 booklets, 
which authorities said incited hatred between Orthdox and Jewish 
believers.
    However, anti-Semitic and Russian ultranationalist newspapers and 
literature, DVDs, and videotapes imported from Russia continued to be 
sold in the country.
    Jewish groups estimated that between 50,000 and 70,000 persons 
identify themselves as Jewish. Most Jews in the country were not 
religiously active.
    During the year anti-Semitic incidents continued, and anti-Semitic 
acts were investigated sporadically. The Government did not promote 
antibias and tolerance education.
    Jewish community and civil society activists continued to express 
concern over the concept of a ``greater Slavic union'' that was popular 
among nationalist organizations, including the neo-Nazi group Russian 
National Union (RNU), which remained active despite its official 
dissolution in 2000. The deputy chief of the Internal Affairs 
Ministry's Juvenile Delinquency Prevention Department, Andrey 
Solodovnikov, acknowledged there were a few neo-Nazi groups in the 
country. He maintained that the BKGB monitored the groups and that they 
were ``poorly organized and not popular among young people.''
    In October 2007 Jewish community members in Bobruysk discovered 15 
smashed gravestones in the city's Jewish cemetery. It was the fourth 
attack on the graveyard since the beginning of the year. Anti-Semitic 
graffiti appeared near the cemetery and grave fencing was damaged 
earlier in the year. Other cemeteries in the city were also damaged. 
Police identified three suspects and sent the case to court, but there 
were no convictions.
    In contrast with 2007 there were no anti-Semitic remarks made in 
public by the president or other government officials. On October 21, 
President Lukashenka participated in ceremonies commemorating the 65th 
anniversary of the destruction of the Minsk Jewish ghetto by the Nazi 
occupiers. In his remarks, Lukashenka honored the victims and their 
families, noting that Belarus ``took the grief of the Jewish people as 
its own grief.''
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement, including the right to emigrate. However, the Government at 
times restricted the right of its citizens to foreign travel. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in providing 
protection and assistance to internally displaced persons, refugees, 
returning refugees, asylum seekers, stateless persons, and persons of 
concern.
    In January a presidential decree replaced exit stamps with a 
computerized, government database to verify the validity of passports 
and to track citizens who travel abroad. According to the Ministry of 
Internal Affairs, the database contains the names of at least 100,000 
persons who are prohibited from foreign travel, including those who 
possess state secrets, are facing criminal prosecution or civil suits, 
or have outstanding financial commitments. Opposition politicians and 
civil society activists criticized the database, saying it restricted 
freedom of travel. Some persons were informed by letter that their 
names were in the database; others were informed at border crossings. 
In some cases opposition activists were either turned away at the 
border or detained for lengthy searches.
    At year's end the names of at least 17 opposition leaders and other 
activists were in the database, including Anatoly Lebedko, Sergey 
Skrebets, and youth leaders Zmitser Dashkevich, Zmitser Fedaruk, and 
Aleksandr Atroshchenkov.
    Under a presidential decree, any student who wishes to study abroad 
must obtain permission from the minister of education. The decree, 
ostensibly intended to counter trafficking in persons, also requires 
the Ministry of Interior to track citizens working abroad and travel 
agencies to report individuals who do not return from abroad as 
scheduled.
    The law also requires persons who travel to areas within 25 
kilometers (15 miles) of the border to obtain an entrance pass.
    The law does not allow forced exile, but sources assert that 
security forces threatened opposition leaders with bodily harm or 
prosecution if they did not leave the country. The law allows internal 
exile, or khimiya, for persons convicted of crimes.
    Many university students who had been expelled or were under threat 
of expulsion for their political activities opted for self-imposed 
exile. Since 2006 more than 500 students have chosen to continue their 
studies at foreign universities, mostly in Europe. However, several 
students reported that their names were on a government list that 
prohibited their travel abroad to continue their studies.
    Internal passports served as primary identity documents and were 
required for permanent housing, work, and hotel registration. Police 
continued to harass individuals who lived at a location other than the 
legal place of residence indicated in their internal passport.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 some protection against 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. There were approximately 800 persons with 
refugee status and 2,000 asylum seekers in the country. Refugees come 
mainly from Azerbaijan, Georgia, Tajikistan, Iran, Afghanistan, India, 
and Pakistan.
    While all foreigners have the right to apply for asylum, 
authorities continued to refuse asylum applications from citizens of 
the Russian Federation. Immigration authorities and courts asserted 
that, according to the Belarus-Russian Federation treaties on the union 
between the countries and on the equal rights of citizens in each 
country, Russian and Belarusian citizens have equal rights.
    Asylum seekers have freedom of movement within the country but must 
reside in the region where they filed their applications for refugee 
status and in a place known to the authorities. According to sources, 
authorities often require asylum seekers to settle in rural areas. 
Change of residence is possible only with notification to authorities. 
Registered asylum seekers are issued certificates that serve as 
identification documents and protect them from expulsion. In accordance 
with the law, they must also register with local authorities to obtain 
internal passports.

    Stateless Persons.--Under the law, citizenship is derived either by 
birth within the country's territory or from one's parents. A child of 
a Belarusian citizen is a Belarusian citizen regardless of place of 
birth, even if the other parent is not a citizen. Children of stateless 
or unknown parents are citizens only if born in the country.
    According to a June 20 press report citing government statistics, 
there were approximately 8,000 stateless persons in the country.
    Arbitrary detention of and violence against stateless persons 
generally were not problems. However, according to sources, stateless 
persons faced discrimination in employment because authorities often 
required them to settle in rural areas and prohibited them from seeking 
jobs outside of the regions where they lived. In practice, stateless 
persons could not to change their region of residence.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides the right for citizens to change their government 
peacefully; however, the Government denied citizens this right in 
practice.
    Since his election in 1994 to a five-year term as the country's 
first president, Lukashenka steadily has consolidated power in the 
executive branch to dominate all branches of government. Flawed 
referenda in 1996 and 2004 amended the constitution to broaden his 
powers, extend his term in office, and remove presidential term limits. 
In March 2006 Lukashenka gained a third term through a fraudulent 
election.
    The September 28 parliamentary election fell significantly short of 
international standards for democratic elections, according to the 
final report by the OSCE Office for Democratic Institutions and Human 
Rights (ODIHR) observation mission. Despite the president's stated 
intent to conduct a free and fair election, authorities seriously 
challenged constitutionally guaranteed rights of expression, 
association, and assembly. All of the 110 candidates declared winners 
were supporters of Lukashenka's policies.
    The report also noted some improvements, including cooperation by 
authorities with OSCE/ODIHR and progress in allowing candidates to 
conduct meetings and air campaign ads on television. However, overall, 
the election environment that authorities created did not allow genuine 
political competition or equal treatment of candidates.

    Elections and Political Participation.--Prior to the election, 
Lukashenka stated his intention to hold transparent elections and said 
that election campaign laws were in fact being violated to accommodate 
Western demands for transparency and adherence to democratic standards. 
For example, election officials stated that they registered candidates 
despite errors on registration forms. Lukashenka made similar comments 
after the fraudulent 2006 presidential election, asserting that the 
results were falsified in favor of his three opponents to appease the 
West. Official election results gave Lukashenka 83 percent of the vote; 
however, he claimed that he actually won 93 percent.
    Journalists and international election observers characterized the 
campaign leading up to the September 28 vote as ``muted.'' According to 
the OSCE/ODIHR report, media coverage did not provide meaningful 
information for voters to make an informed choice, political parties 
played a minor role, and restrictions imposed by the authorities did 
not allow for a vibrant campaign with real competition.
    The registration process failed to include all nominated 
candidates. Many candidates said their registrations were denied due to 
administrative and technical problems with their applications. 
Approximately 365 candidates applied to run in the election and 285 
were registered. During the campaign, several candidates withdrew; 
approximately 60 opposition candidates ultimately stood for election.
    The OSCE/ODIHR report noted that while voting was well conducted, 
the integrity of the process was undermined by a flawed vote count. 
According to election monitors, 48 percent of polling stations observed 
during the vote count were assessed as ``bad or very bad.'' In 
addition, despite repeated requests since the OSCE/ODHIR election 
mission began in mid-August, observers reported that they were 
prevented or hindered from observing vote counts in 35 percent of 
cases.
    Local human rights advocates, the Belarus Helsinki Commission, and 
independent observers also criticized the election results and the 
flawed electoral process. They said major flaws included forced early 
voting, failure of electoral commissions to inform observers about the 
number of early voters, and refusal to inform observers about the 
quantity of ballots available at the polling stations. Domestic 
observers concluded that ballot counting was not transparent as they 
were barred from polling stations or prevented from observing the 
process.
    Throughout the campaign, opposition candidates reported inequities 
such as, government restrictions on access to broadcast media and 
venues for campaign rallies. There were instances where state-owned 
printing houses refused to produce opposition leaflets. Supporters of 
opposition candidates also reported harassment by authorities, 
including seizure of campaign materials.
    Despite a nominal increase in opposition representation, 
authorities continued to exclude opposition representatives from 
election commissions at all levels. The Central Election Commission had 
four opposition members in advisory, non-voting roles. Opposition 
activists also made up less than 1 percent of commissioners in precinct 
election commissions.
    Political parties continued to receive warnings for minor offenses 
under a law that allows authorities to suspend parties for six months 
after one violation and close them after two warnings. The law also 
prohibits political parties from receiving support from abroad and 
requires all political groups and coalitions to register with the 
Ministry of Justice.
    In January the Ministry of Justice filed a liquidation suit against 
the Belarusian Party of Communists (BPC); however, the party denied 
that there was a suit and registered 18 candidates for the September 28 
legislative elections. In August 2007 the Supreme Court upheld the 
ministry's six-month suspension of the BPC on grounds that it could not 
confirm the membership of 200 of the more than 1,500 persons listed as 
BPC members.
    In August 2007, citing alleged inaccuracies in application 
documents, the Ministry of Justice denied for a second time 
registration to the Union of Leftist Parties (ULP). In October 2007 the 
Supreme Court upheld a Ministry of Justice suit to liquidate the 
Belarusian women's party, Nadzeya, because of alleged irregularities in 
the party's charter and registration of regional chapters.
    There were 35 women in the 110-member Chamber of Representatives 
and 19 women in the 56-member Council of the Republic. A woman chaired 
one of Chamber of Representative's 20 committees and there was one 
woman in the 39-member Council of Ministers.
    No high level members of government or the National Assembly openly 
identified themselves as members of a minority, although several were 
Polish or members of other ethnic groups.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, reports indicate officials 
continued to engage in corrupt practices. The World Bank's worldwide 
governance indicators reflected that corruption was a serious problem 
in the country.
    The lack of transparency between the president's personal funds and 
official government accounts, and a heavy reliance on off-budget 
revenues, suggest corruption within the executive branch.
    On January 29, a new anticorruption law expanded the list of 
professions vulnerable to corruption, designated the prosecutor 
general's office as the coordinator of anticorruption efforts, and 
prohibited government officials from having foreign bank accounts or 
engaging in nepotism.
    On February 8, Lukashenka ordered the prosecutor general to better 
coordinate and implement investigations of crime and corruption because 
they increased social tensions and negatively affected economic 
development.
    On November 13, the president dismissed the prosecutor and deputy 
prosecutor general in the Minsk region in connection with questionable 
real estate purchased and ties with corrupt business owners. On 
November 28, he dismissed four officials from the Ministry of Internal 
Affairs, including First Deputy Minister Shchurko and Deputy Minister 
Filistovich, in connection with this case.
    Between January and November authorities investigated approximately 
2,600 corruption-related offenses mainly by low- and mid-level 
officials, including 884 bribery cases. On June 4, the head of the 
State Control Committee, Syarhey Baranowski, said his office began 
investigating 59 economic crimes against government officials. On 
December 4, the prosecutor general's office announced that corruption 
had caused BYR 88 billion worth of damage to the state from January to 
October, and that 1,470 persons had been charged with corruption.
    There were numerous corruption prosecutions. However, prosecution 
remained selective.
    For example, on February 5, the prosecutor general announced that a 
deputy chairman of the Orsha District Executive Committee was sentenced 
to eight years in prison for abuse of power and bribery for agreeing to 
accept BYR 18 million ($8,370) from a construction company as a 
kickback.
    On March 27, the former chairman of the state-owned petrochemical 
conglomerate Belnaftakhim, Alyaksandr Barowski, was sentenced to five 
years in prison for abuse of power. He was arrested in May 2007 on 
charges of larceny, abuse of power, and disclosing classified 
information that caused more than BYR 3.5 million ($1,630) in losses 
for the state. Barowski was released in December.
    The law, government policies, and a presidential decree severely 
restrict public access to government information. Citizens had some 
access to certain categories of information on government databases and 
Web sites; however, much of the information was neither current nor 
complete.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were several active domestic human rights and NGO groups; 
however, authorities were often hostile to their efforts, did not 
cooperate with them, and were not responsive to their views.
    Authorities harassed NGOs with frequent inspections and threats of 
deregistration and monitored their correspondence and telephone 
conversations. The Government ignored reports issued by human rights 
NGOs and rarely met with them. State-run media did not report on human 
rights NGOs and their actions; independent media that reported on human 
rights issues were subject to closure and harassment.
    The Government closed, refused to register, and continued to harass 
NGOs under Article 193 of the criminal code. Under the law, which was 
adopted in 2005 by presidential decree, organizing or participating in 
any activity by an unregistered organization is a criminal offense. The 
law also prohibits persons from acting on behalf of unregistered NGOs. 
Several domestic and international human rights groups, including 
Amnesty International, have urged the Government to abolish Article 193 
and remove other legal obstacles that hinder the work of NGOs and allow 
official harassment of civil society and youth activists.
    According to the Assembly of Democratic NGOs, more than 300 NGOs 
were either closed by the Government or forced to disband in the 
previous four years on a variety of legal and politically motivated 
pretexts. In 2007 Human Rights Watch stated that only five major human 
rights groups remained registered in the country.
    In contrast with 2007, the Ministry of Justice on December 17 
approved the registration of the civil society NGO ``For Freedom'' led 
by former presidential candidate Aleksandr Milinkevich. The ministry 
had previously denied three registration applications, citing as 
reasons improper payment of registration fees, irregularities in the 
group's charter, organizing an unapproved open-air rally, and technical 
flaws in registration documents.
    Authorities can close an NGO after issuing only one warning that it 
violated the law. The most common violations that prompted a warning or 
closure were failure to obtain a legal address and technical 
discrepancies in application documents. The law allows authorities to 
close an NGO for accepting illegal forms of foreign assistance and 
permits the Ministry of Justice to participate in any NGO activity and 
review all NGO documents. NGOs also must submit detailed reports 
annually to the ministry about their activities, office locations, 
officers, and total number of members.
    On April 24, a 2007 presidential order took effect that increased 
rent 10-fold for most NGOs. Prior to the order, NGOs paid one euro 
($1.40) per square foot for office space, compared to 10 euros ($7) 
charged to commercial groups. While some groups, including youth sports 
groups, charity organizations, and children's arts centers, continued 
to pay the one euro rate, other NGOs, such as the Belarusian Voluntary 
Society for Historic and Cultural Heritage Protection, were required to 
pay the higher rate. Many NGOs stated the higher rent would likely 
force them to close.
    On July 11, a Minsk District Court sentenced United Civic Party 
youth activists Mikhail Pashkevich and Vitaly Stozharov to 15 days in 
jail and Kirill Pavlovskiy to 10 days in jail on minor hooliganism 
charges. Human rights advocates linked the arrests to the July 3 
bombing in Minsk.
    During the year the BHC, a registered NGO, continued to experience 
problems with authorities. On February 29 the Supreme Court allowed the 
Ministry of Justice to withdraw a petition to suspend the BHC's 
activities. However, the NGO's bank accounts remain blocked and tax 
arrears have not been cleared. The case dates back to 2006, when 
authorities seized BHC office equipment as partial payment of a BYR 160 
million ($74,400) fine for back taxes on international funding. More 
recently, before and after the September 28 legislative elections, 
financial intelligence services requested income statements and other 
information from BHC members.
    Authorities were reluctant to discuss human rights with 
international NGOs, whose representatives often had difficulty gaining 
admission to the country. Authorities repeatedly ignored NGO 
recommendations on how to improve the human rights situation in the 
country and their requests to stop harassing the NGO community.
    In July 2007 the mandate of the UN special rapporteur on human 
rights for Belarus expired and was not renewed. The authorities had 
refused to cooperate with the rapporteur, Adrian Severin, since his 
appointment in 2004 by repeatedly refusing him entry into the country. 
In 2006 Severin reported that the human rights situation in the country 
had deteriorated ``to such an extent that the elements usually defining 
a dictatorship could be seen.'' According to Severin, civil and 
political rights were limited, cultural rights were ignored, and 
economic and other rights were conditional on obedience to authorities.
    In December 2007 the UN General Assembly for a second consecutive 
year adopted a resolution expressing deep concern over the human rights 
situation in the country, particularly the Government's ``persistent'' 
harassment and prosecution of opposition activists and independent 
NGOs. The resolution also expressed concern that senior government 
officials were implicated in the disappearances of opposition figures 
Yuriy Zakharenko and Viktor Gonchar and businessman Anatoliy Krasovskiy 
in 1999 and television journalist Dmitriy Zavadskiy in 2000, as well as 
the Government's failure to hold a free and fair presidential election 
in 2006.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status. In practice, the Government did not always 
protect these rights. Problems included violence against women and 
children; trafficking in persons; and discrimination against persons 
with disabilities, Roma, ethnic minorities, and homosexuals.

    Women.--The law criminalizes rape in general, but does not include 
prohibitions against spousal rape. Rape was a problem. However, most 
women did not report it due to shame or fear that police would blame 
the victim. In 2007 the Ministry of Internal Affairs reported 306 cases 
of rape or sexual assault.
    Domestic violence, including spousal abuse against women, was a 
significant problem. A 2006 Amnesty International report concluded that 
measures taken by authorities to protect women against domestic 
violence were insufficient. The criminal code does not contain a 
separate article dealing with domestic violence.
    Women remained reluctant to report domestic violence due to fear of 
reprisal and social stigma. NGOs operated crisis shelters primarily in 
Minsk, but they were poorly funded and received only limited support 
from the Government.
    Prostitution is illegal, but is an administrative, rather than a 
criminal, offense and penalties are light. Officials and human rights 
observers reported that prostitution was not a significant problem. 
However, anecdotal evidence indicated that it was growing, particularly 
in regions outside the main cities. There were prostitution rings in 
government-owned hotels. According to city police, approximately 500 
women in Minsk had police records for prostitution. Svyatlana 
Brutskaya, leader of a project on HIV/AIDs prevention, put the number 
of persons in prostitution in Minsk at 3,000. As of September 
authorities reported 68 violations related to prostitution.
    Sexual harassment reportedly was widespread, but no specific laws, 
other than those against physical assault, address the problem.
    The Ministry of Labor and Social Security is responsible for 
ensuring gender equality, although it cannot issue binding instructions 
to other government agencies. The law, generally respected in practice, 
provides for equal treatment of women with regards to property 
ownership and inheritance, family law, and the judicial system. The law 
also requires equal wages for equal work, although this provision was 
not always enforced. There were very few women in the upper ranks of 
management or government. The Ministry of Statistics and Analysis 
reported during the year that 64 percent of the unemployed were women.
    The law grants women the right to three years of maternity leave 
with assurance of job availability upon return. However, employers 
circumvented employment protections by using short-term contracts, then 
refusing to renew a woman's contract when she becomes pregnant.

    Children.--Government authorities were generally committed to 
children's welfare and health.
    Romani children were subject to harassment from non-Romani children 
and teachers. The majority of Romani youth did not finish secondary 
school. There was no public school in Minsk for Roma, although there 
were schools for Jews, Lithuanians, and Poles.
    Reports of child abuse were infrequent. However, there were reports 
that children were trafficked for commercial sexual exploitation and, 
in one case, labor. In the Minsk region, in the first half of 2007, 
authorities placed 301 minors in the care of child welfare authorities.
    Child marriage was not generally a problem. However, within the 
Romani community, girls as young as 14 and boys as young as 16 
frequently were married with parental consent.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, trafficking remained a serious problem, and the 
country continued to be both a source and transit country for 
trafficked persons.
    From January through September the Ministry of Internal Affairs 
registered 298 trafficking-related crimes, including 62 cases of 
trafficking and 236 other trafficking-related cases, such as 
prostitution and kidnapping for sexual exploitation. Over the same time 
period, the ministry also reported 430 trafficking victims, including 
296 who were trafficked abroad and 134 who were exploited inside the 
country. Of the 430 victims, 92 were exploited for labor and the 
remainder for sexual services.
    In 2007 the ministry reported 97 cases of trafficking and 344 other 
trafficking-related cases. Authorities registered approximately 418 
trafficking victims, of whom 378 were trafficked for sexual 
exploitation (including 22 minors) and 40 for labor exploitation 
(including one minor). In 2007 trafficking for the purpose of forced 
labor, particularly of men to Russia, increased significantly.
    Women were primarily trafficked to the European Union (particularly 
Germany, Poland, the Czech Republic, Lithuania, and Cyprus), the Middle 
East (particularly Israel and the United Arab Emirates), Turkey, 
Russia, Ukraine, and Japan. Trafficking to Russia presented a 
particular problem, both because of an open border between the 
countries and because authorities tended to downplay problems with 
Russia due to political considerations. Most female victims of 
trafficking were seeking a way to escape bad economic circumstances or 
domestic situations. Local NGOs asserted that more government 
intervention to reduce domestic violence and alcoholism would greatly 
reduce the number of women seeking employment abroad.
    Reports by the Ministry of Internal Affairs indicated that 
traffickers were usually members of loosely organized crime networks 
with connections to larger international organized crime rings, 
brothels, clubs, or bars in destination countries.
    Traffickers lured victims through advertisements, via modeling and 
employment agencies, and by personal approaches through friends and 
relatives to offer jobs abroad or solicit marriage partners. 
Traffickers often withheld victims' documents and used physical and 
emotional abuse, fraud, and coercion to control them. In January 2007 
authorities convicted 13 executives of Belarusian modeling agencies of 
trafficking more than 600 women between 2002 and 2005 for prostitution 
to France, Turkey, and the United Arab Emirates. The defendants 
received eight- to 12-year prison sentences, had property confiscated, 
and were assessed fines of BYR 1.94 billion ($900,000).
    The law criminalizes trafficking for sexual or other exploitation. 
The property of convicted traffickers may be confiscated. The penalty 
for trafficking is a minimum of five years' imprisonment with property 
forfeiture, while the punishment for severe forms of trafficking is a 
minimum of 12 years' imprisonment.
    Presidential decrees have eliminated criminal responsibility for 
illegal acts committed by victims, defined the status of victims, and 
mandated measures to provide protection, medical care, and social 
rehabilitation, but only on the condition that victims cooperated in an 
investigation and prosecution.
    Reports indicated antitrafficking agencies often pressured victims 
to cooperate in investigations.
    The Government's antitrafficking efforts were coordinated by 
Internal Affairs Ministry's department on Combating Trafficking in 
Human Persons. However, NGOs were more active in the areas of 
prevention and rehabilitation. Government sources stated that victims 
were more likely to trust assistance from NGOs than from government 
agencies. Antitrafficking NGOs and international organizations 
complained that the Government provided insufficient and mostly in-kind 
assistance and failed to provide mandatory funding for victim 
assistance. NGOs actively participated in training government workers 
in rehabilitation but were dissatisfied with implementation by regional 
authorities.
    The Ministry of Internal Affairs established the International 
Academy for Antitrafficking, which graduated its first class of 
trainees in July 2007. The center was partially funded by the 
International Organization for Migration (IOM) and training was 
provided in part by international antitrafficking NGO La Strada.
    There continued to be reports that corrupt law enforcement and 
border officials facilitated trafficking by accepting bribes or by 
ignoring trafficking. There was no indication that the Government 
systematically facilitated or condoned trafficking. The State Control 
Committee investigated allegations of official trafficking-related 
corruption through the Interagency Commission for Combating Crime, 
Corruption, and Drug Trafficking.
    Victims seldom reported trafficking crimes to police due to social 
stigma, aversion to dealing with authorities, and a shortage of social 
services and rehabilitation options. The Ministry of Labor and Social 
Protection maintained 23 social service centers that could help 
trafficking victims. To supplement government shelters, the UN 
Development Program, the IOM, and La Strada also opened rehabilitation 
shelters for victims and their families.
    The Government stated that there were two specialized trafficking 
crisis centers in the country, as well as 28 NGOs that provided 
services to trafficking victims. La Strada provided training to many 
regional victim support centers but expressed dissatisfaction with the 
follow-up, citing several cases where regional officers displayed 
skepticism or insensitivity towards victims.
    La Strada and the Young Women's Christian Association maintained a 
women's hot line that provided advice regarding offers of employment or 
marriage that might be trafficking-related. Since 2001 the hot line has 
received over 12,000 calls.
    In June the head of the Internal Affairs Ministry's Drug Control 
and Human Trafficking Prevention Department stated that the best way to 
combat trafficking was through awareness campaigns. The Government 
distributed information through state institutions, showed 
antitrafficking commercials on state television, placed materials at 
local and foreign diplomatic posts, and organized roundtables and 
seminars for NGOs and government officials.
    To deter trafficking, the Government required Internet dating 
services to reregister and provide information about citizens and 
foreigners planning to meet in person. Authorities continued to enforce 
strong measures to discourage and control freedom of movement, which 
they justified in part as antitrafficking measures.

    Persons With Disabilities.--The law does not specifically prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, and other government services.
    The Ministry of Labor and Social Security is the main government 
agency responsible for protecting the rights of persons with 
disabilities. The law mandates that transport, residences, and 
businesses be accessible to persons with disabilities. However, in 
practice few public areas were wheelchair accessible. The Republican 
Association of Disabled Wheelchair Users (RADWU) estimated that more 
than 75 percent of persons with disabilities were unable to leave their 
own homes without assistance.
    Authorities provided minimal, reportedly ineffectual, benefits for 
persons with disabilities. For example, persons with disabilities who 
lived alone were entitled to a 50 percent discount on rent and 
utilities. Since few residences were accessible, persons with 
disabilities had to live with friends or family and thus were 
ineligible for the discount. Public transportation was free to persons 
with disabilities, but neither the subway in Minsk nor the bus system 
was accessible by wheelchair. A government prohibition against workdays 
longer than seven hours for persons with disabilities made companies 
reluctant to hire them.

    National/Racial/Ethnic Minorities.--Governmental and societal 
discrimination against the ethnic Polish population and Roma persisted. 
There were also expressions of societal hostility toward proponents of 
Belarusian national culture.
    Authorities continued to harass the unrecognized Union of 
Belarusian Poles (UBP), its chairman Anzhelika Borys, and her 
associates. On March 29, police stopped Borys' car and attempted to 
search it for illegal printed materials. After this incident, police 
also searched the organization's office. On April 18, Borys and an 
associate were filmed driving to the village of Radun and fined BYR 
525,000 ($245) for staying in a restricted border zone without a 
permit.
    Official and societal discrimination continued against the 
country's 40,000 to 60,000 Roma.
    The Romani community continued to experience high unemployment and 
low levels of education. In 2005 authorities estimated the unemployment 
rate among Roma at 80 percent. Roma were often denied access to higher 
education in state-run universities.
    The Russian and Belarusian languages have equal legal status; 
however, in practice Russian was the primary language used by the 
Government. In September 2007 the Constitutional Court's chief justice 
acknowledged that discrimination was ``not rare,'' but maintained that 
such discrimination was usually corrected.
    Authorities made concessions to Belarusian language usage, such as 
changing street signs to Belarusian, but proposals to widen the 
language's usage were routinely rejected.
    Ultranationalist, ethnically Russian, skinhead groups harassed 
organizations promoting Belarusian national culture. On March 10, in 
Vitebsk, Barys Khamayda of the Conservative Christian Party reported 
that he received an anti-Semitic and threatening letter from the local 
chapter of the ultranationalist group Russian National Unity (RNU), an 
unregistered organization. Authorities refused to open a criminal 
investigation of the incident and said the letter did not constitute a 
crime.

    Other Societal Abuses and Discrimination.--Homosexuality is not 
illegal, but discrimination against homosexuals was widespread, and 
harassment occurred. According to a local gay rights group, government-
controlled media discouraged participation in the protests following 
the 2006 presidential election by saying they were part of a ``gay 
revolution.''
    On May 28, three youths in Minsk attacked Edvard Tarletski, a 
journalist and gay rights activist. Tarletski stated that he did not 
intend to report the attack to police because they would not do 
anything about the incident. He also said this attack was the third 
against him in five years.
    Societal discrimination against persons with HIV/AIDS remained a 
problem and the illness carried a heavy stigma despite greater 
awareness and increased tolerance towards persons infected with the 
virus. For example, maternity wards no longer had separate facilities 
for HIV-infected mothers. However, the UN AIDS office reported that 
there were still numerous reports of HIV-infected individuals who faced 
discrimination. In September the Government reported that 9,282 
citizens were infected with HIV.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except state 
security and military personnel, to form and join independent unions; 
however, in practice the Government did not respect this right. During 
the year the Government continued efforts to suppress independent 
unions, stop union activities, and bring all union activity under its 
control. Its efforts included frequent refusals to extend employment 
contracts for members of independent unions and refusals to register 
some unions.
    According to Belarusian Congress of Democratic Trade Unions (BCDTU) 
leader Alyaksandr Yarashuk, no independent unions have been established 
since President Lukashenka's 1999 decree requiring trade unions to 
register with the Government.
    The law provides for the right to strike; however, tight government 
control over public demonstrations made it difficult for unions to do 
so. Management and local authorities also blocked worker attempts to 
organize strikes on many occasions by declaring them illegal.
    The government-controlled Federation of Trade Unions of Belarus 
(FTUB) was the largest union, with an estimated four million members; 
however, that number was likely inflated, since the country's total 
workforce is approximately four million. The BCDTU, with four 
constituent unions and approximately eight thousand members, was the 
largest independent union.
    Local authorities for the eight time denied registration to the 
Mogilyov chapter of the Belarusian Union of Electronic Industry Workers 
(REP). According to REP, authorities refused to re-register the chapter 
because the REP office landlord had not agreed to register the office 
as its legal address due to harassment from officials.
    The Government combined administrative measures and a system of 
contracts with individual workers, mostly from one to five years in 
length, to discourage membership in independent unions and in regional, 
national, and international labor organizations.
    On April 4, the Supreme Court upheld a lower court's verdict to 
deny REP activist Anatoliy Askerko reinstatement to his post. Askerko 
was fired from German factory Frebor after he told his employer he 
would sign a mandated one-year contract only after exercising his right 
to discuss some of its provisions.
    In August a Gomel court sentenced two persons to five and six years 
in prison for the June 2007 assault on Aleksandr Berasnev, an employee 
and REP activist at state agricultural company Belarusnafta Asobina. 
The assault took place on company property shortly after Berasnev filed 
a complaint with the Gomel chief inspector about Belarusnafta Asobina's 
abuse of labor regulations and mistreatment of employees. The court did 
not reinstate Berasnev to his post, but awarded him BYR 5 million 
($2,320), to be paid by the company, for ``moral damages.''
    In January the Council of Ministers reviewed new trade union 
legislation that would simplify registration rules and require fewer 
names and addresses of members for registration. Leaders of both 
progovernment and independent unions were concerned about the level of 
control the legislation could give the Government over unions. The 
council's review was pending at year's end.
    On January 9, the Ministry of Justice denied registration to Razam, 
a trade union of small- and medium-sized businesses, citing absence of 
the minutes of the union's founding convention, failure to cover 
registration fees, and insufficient documentation. Razam's leader, 
Nikolay Kanakh, said that the registration process was ``excessively 
complicated'' and insisted that his group had filed correct 
applications with the ministry.
    The Government also targeted union leaders and activists. However, 
in contrast with previous years, fewer cases of harassment were 
reported. During the year more than 30 REP members were forced to quit 
their membership in the union following threats of dismissal.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively; however, 
government authorities and managers of state-owned enterprises 
routinely interfered with union activities and hindered workers' 
efforts to bargain collectively, in some instances arbitrarily 
suspending collective bargaining agreements.
    Since 2004 the Government has required state employees, who 
constitute approximately 80 percent of the working population, to sign 
short-term work contracts. Although such contracts may have terms of up 
to five years, most expired after one year, which gave the Government 
the possibility of firing any employee by simply declining to renew 
their contract. Many members of independent unions, political parties, 
and civil society groups lost their jobs because of this practice.
    On August 11, Brest-based Riona Enterprise Management forced 11 of 
12 REP members at the firm to withdraw from the union by threatening to 
withhold their salaries. The REP had sought to have their working 
conditions designated as hazardous so they could receive appropriate 
compensation.
    During the year the Polotsk chapter of the BFTU continued to 
negotiate without success with the Polotsk Steklovolokno fiberglass 
manufacturer over the company's unwillingness to grant the BFTU the 
same privileges granted to its rival, the progovernment FTUB.
    In contrast, the management of the Baran based Lyos factory has 
ceased putting pressure on Free Trade Union of Metal Workers members to 
leave that union and join the FTUB.
    There are no special laws or exemptions from regular labor laws in 
the country's six free economic zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that women, men, and children were trafficked for commercial 
sexual exploitation and forced labor.
    During the year the Government approved several ``subbotniks,'' 
which required employees of government, state enterprises, and many 
private businesses to work on Saturday and donate earnings to finance 
government social projects. Workers who refused to take part were 
subject to fines and intimidation by employers and authorities.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law forbids the exploitation of children in the workplace, including a 
prohibition on forced and compulsory labor, and specifies policies for 
acceptable working conditions. The Government generally implemented 
these laws in practice.
    The minimum age for employment is 16; however, a child as young as 
14 may conclude a labor contract with the written consent of one parent 
or legal guardian. The prosecutor general's office reportedly enforced 
the law effectively. Minors under 18 were allowed to work in 
nonhazardous jobs, but were not allowed to work overtime, on weekends, 
or on government holidays. Work was not to be harmful to the minors' 
health or hinder their education.

    e. Acceptable Conditions of Work.--On November 1, the average 
national minimum monthly wage was BYR 220,080 (approximately $102), 
which did not provide a decent standard of living for a worker and 
family. From January to September, the average monthly wage was BYR 
857,000 ($398).
    The law establishes a standard work week of 40 hours and provides 
for at least one 24-hour rest period per week. Because of the country's 
difficult economic situation, many workers worked considerably less 
than 40 hours per week, and factories often required workers to take 
unpaid furloughs due to lack of demand for the factory's products. The 
law provides for mandatory overtime and holiday pay and restricts 
overtime to four hours every two days, with a maximum of 120 hours of 
overtime each year. According to sources, the Government was believed 
to effectively enforce these standards.
    The law establishes minimum conditions for workplace safety and 
worker health; however, employers often ignored these standards. 
Workers at many heavy machinery plants did not wear minimal safety 
gear. There is a state labor inspectorate, but it lacked authority to 
enforce employer compliance and often ignored violations.
    The Ministry of Labor reported that 120 workplace fatalities 
occurred from January to July, a 1.6 percent decline compared to the 
same period in 2007. The ministry reported that workplace accidents 
were caused by carelessness, poor conditions, malfunctioning equipment, 
and poor training and instruction. Worker intoxication was involved in 
32 percent of workplace deaths and 10 percent of injuries. The law does 
not provide workers the right to remove themselves from dangerous and 
unhealthy work environments without risking loss of employment.

                               __________

                                BELGIUM

    The Kingdom of Belgium, with a population of approximately 10.5 
million, is a parliamentary democracy with a constitutional monarch who 
plays a mainly symbolic role. The country is a federal state with 
several levels of government: national, regional (Flanders, Wallonia, 
and Brussels), language community (Flemish, French, and German), 
provincial, and local. The Council of Ministers (cabinet), led by the 
prime minister, holds office as long as it retains the confidence of 
the lower house (Chamber of Representatives) of the bicameral 
parliament. Federal parliamentary elections held in 2007 and monitored 
by Organization for Security and Cooperation in Europe observers were 
free and fair. Civilian authorities generally maintained effective 
control of the security forces.
    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. The following human rights 
problems were reported: overcrowded prisons, lengthy pretrial 
detention, poor detention conditions prior to expulsion of adults and 
children whose asylum applications were refused, violence against 
women, child abuse, trafficking in persons, and racial and ethnic 
discrimination in the job market.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions met most international standards, but overcrowding 
remained a problem in a system where approximately 10,000 inmates 
occupied facilities with a design capacity of 8,422. The Government 
upgraded some older facilities, but incarcerations outpaced 
construction. The Justice Ministry began implementing the 2008-12 
master plan for building seven additional penitentiaries and upgrading 
existing infrastructure. Foreign nationals accounted for approximately 
40 percent of all inmates, with almost half of those in pretrial 
detention. The large number of noncitizen inmates prompted the 
authorities to address cultural problems in the prisons by allowing 
inmates to practice their religious beliefs, and providing meals that 
met the dietary requirements of different religions. An independent 
Central Control Council oversees the prisons.
    During the year prison wardens staged several strikes to protest 
overcrowding and poor working conditions, and on a number of occasions 
inmates caused disturbances and damage while protesting their living 
conditions.
    The Government permitted visits to prisons and detention centers by 
members of parliament and independent human rights groups during the 
year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The federal police were 
responsible for internal security and nationwide law and order. Local 
police operated branches in 196 police districts. An independent 
oversight committee (Committee P) monitored police activities and 
compiled an annual report for parliament. In its 2007 annual report, 
the federal police's own inspection service noted an increase in drug-
related criminal acts committed by young police officers.
    Committee P and the federal and local police combined received 
6,244 complaints about police behavior in 2007. In the previous year, 
such complaints resulted in 779 disciplinary sanctions against police 
officers. The complaints concerned discriminatory behavior, brutality, 
racism, failure to intervene, violations of privacy, and arbitrary 
detention. The report noted that courts often showed leniency toward 
police officers appearing as defendants.

    Arrest and Detention.--Under the constitution, an individual can be 
arrested only while committing a crime or by a judge's order carried 
out within 24 hours. The law provides a person in detention the right 
to a prompt judicial determination of the legality of his or her 
detention, and the authorities generally respected this right. 
Detainees were promptly informed of charges against them. There is a 
functioning bail system. Between January and October, an estimated 
9,600 incarcerated individuals qualified for alternative punishment 
(i.e., community service), and an additional 700 convicts were 
electronically monitored outside of prison premises.
    The law provides rights to inmates regarding disciplinary matters, 
correspondence, telephone conversations, and religious practice. 
Brochures were handed out to inmates informing them about their rights. 
During the year newly established implementation courts became 
responsible for handling release issues, penitentiary leave, and 
electronic monitoring. In 2007 legislation came into force offering 
better protection to offenders with mental disorders, and the 
Government implemented plans to treat more of these inmates outside of 
prisons. The legislation allows authorities to keep inmates imprisoned 
after completing their sentences if the court determines that their 
release might endanger the public.
    According to 2007 figures, pretrial detainees made up 35 percent of 
the prison population. The average length of pretrial detention was 90 
days.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
All defendants are presumed innocent and have the right to be present, 
to counsel (at public expense if necessary), to confront witnesses, to 
present evidence, and to appeal.
    Judges of juvenile courts have a wide range of options for 
mediation and sentencing of young offenders. Young offenders committing 
serious crimes can be tried by a regular court for adults, but with 
youth judges present. Such offenders can be incarcerated in special 
youth detention centers until the age of 23.
    The law authorizes jurisdiction over war crimes and crimes against 
humanity outside the national territory when the victim or perpetrator 
is a citizen or legal resident. On May 24, the police arrested Jean-
Pierre Bemba, the leader of the Movement for the Liberation of Congo 
and a former Congolese vice president, following an arrest warrant 
issued by the International Criminal Court. He was charged with crimes 
against humanity and war crimes and transferred to The Hague on July 3.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Plaintiffs can seek damages 
either individually or through specialized organizations for human 
rights violations under the applicable antidiscrimination legislation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and legal code prohibit such actions, 
and the Government generally respected these prohibitions in practice. 
The Commission for the Protection of Private Life monitored privacy-
related matters and issued advisory opinions to the relevant 
authorities.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combined to 
ensure freedom of speech and of the press.
    The law prohibits public statements that incite national, racial, 
or religious hatred, including denial of the Holocaust. The maximum 
sentence for Holocaust denial is one year's imprisonment. In June two 
individuals were each sentenced to one year's imprisonment and a fine 
of 24,789 euro (approximately $34,700), and were stripped of their 
civil and political rights for 10 years for having over a long period 
denied the Holocaust in brochures and leaflets.
    Individuals could criticize the Government publicly and privately 
without reprisal, and the Government made no attempts to impede 
criticism.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. In 
conjunction with the Government, Child Focus, a government-sponsored 
center for missing and exploited children, developed programs to warn 
users of Web sites containing illegal content, especially child 
pornography.
    Sixty percent of all households had connections to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    The law accorded ``recognized'' status to six religions and a 
grouping of nonconfessional philosophical or secular organizations, 
each of which received financial benefits from the federal and regional 
governments. The lack of recognized status did not prevent other 
religious groups from freely practicing their religions, and citizens 
generally practiced religion without official harassment or impediment.
    Scientologists continued to experience a strained relationship with 
the Government. In September 2007 the Federal Prosecuting Office 
released an official statement announcing that it had completed its 
investigation into the case against Church of Scientology members and 
affiliated nonprofit organizations and was forwarding the file to the 
Chamber of Indictment, the body responsible for determining if there is 
sufficient evidence to warrant prosecution. The investigation was 
examining alleged use of forged documents, embezzlement, and violations 
of privacy legislation. On April 25, the office announced that the 
Belgian branch of the church was the subject of a new judicial 
investigation. The branch was charged with recruiting volunteers under 
the false pretense of offering work contracts. Decisions in both cases 
were pending at year's end.
    During the year the Buddhist secretariat began receiving subsidies 
as a ``nonconfessional'' philosophical community meriting state 
support.
    In 2007 the Center for Information and Advice on Harmful and 
Sectarian Organizations (CIAOSN), an agency funded by the Justice 
Ministry that provides nonbinding advice to the public and public 
institutions, received several hundred requests for information about 
particular groups. The CIAOSN noted significant increases in visits to 
its Web site and in queries concerning physical welfare and therapeutic 
organizations.
    On June 25, for the first time, a woman wearing a headscarf 
appeared as a witness in the country's highest court. (The judicial 
code stipulates that those attending a court session must be 
bareheaded.)
    In July a Hasselt first instance court judge ruled that a school 
board had violated the religious freedom of four Sikh pupils when they 
were ordered to remove their turbans in school.
    The police entered two Sikh temples October 18 as part of a 
trafficking-in-persons investigation and found 49 undocumented persons 
possibly being trafficked through the country to the United Kingdom or 
elsewhere in Europe. The United Sikh organization reacted by making 
vocal complaints in the press about the police force's alleged lack of 
respect for a Sikh ceremony during the raid.

    Societal Abuses and Discrimination.--The size of the Jewish 
community is estimated at 40,000-50,000. The Center for Equal 
Opportunity and the Fight Against Racism (CEOOR) counted 66 anti-
Semitic incidents in 2007. During the year there was a noticeable 
increase in Internet hate messages. In addition, anti-Semitic graffiti 
on Jewish homes and insults against Jews on the streets were reported.
    The law prohibits public statements that incite national, racial, 
or religious hatred, including denial of the Holocaust (See Section 
2.a.).
    Anti-Muslim incidents also occurred during the year, but no data 
were available on their extent.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee status or asylum. In practice, 
the Government provided protection against the expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
In 2007 this protection was granted to 279 refugees, the larger part 
coming from Iraq, Somalia, and Afghanistan. During 2007, 11,115 
refugees applied for asylum, the smallest number since 2000. The 
Immigration Office registered 12,252 applications during the year; 28.3 
percent of the vetted applications were accepted. Most accepted 
refugees came from Russia, Iraq, Guinea, Serbia, and Rwanda. During 
2007 legislation came into force allowing the authorities to grant 
``subsidiary protection'' to refugees not qualifying under the 1951 
convention or the 1967 protocol who could establish that upon return to 
their home country they would face the death penalty, torture, or other 
inhuman treatment. These refugees are entitled to material aid and have 
access to the labor market. During the year 352 applicants-most of them 
from Iraq-qualified for subsidiary protection.
    Regularization on the grounds of an unduly long application period, 
for urgent humanitarian reasons, or on medical grounds was granted to 
11,335 applicants in 2007, including 555 minor and 4,326 adult 
applicants, through May of 2008. Because the Commissariat for Refugees 
and Stateless Persons shortened the verification process, applicants 
for refugee status mostly stayed in overcrowded specialized centers 
rather than opting for housing provided by local authorities. The 
national centers were managed by FEDASIL, a government agency, and had 
a total capacity of 15,800. In 2007 a new refugee relief act came into 
force, under which refugees who spent four months in a collective 
relief center qualified for independent living and were permitted to 
leave these collective centers. The new legislation also provides for 
social, medical, psychological, and legal assistance to refugees.
    Recognized refugees could be gainfully employed. If the application 
was refused, the refugee could still be eligible for material aid.
    Unaccompanied minor asylum seekers were assigned to designated 
specialized centers. Each individual applicant worked directly with a 
custodian whose task was to assist during the application process. 
School-age applicants were required to attend school.
    Refused asylum seekers were informed in writing and in person of 
the repatriation scenarios they could choose from. The Government, in 
partnership with the International Organization for Migration (IOM), 
provided relocation assistance to unsuccessful asylum applicants who 
agreed to return voluntarily to their countries of origin. Unsuccessful 
applicants who did not leave voluntarily were subject to forced 
repatriation. In 2007, 8,745 refused asylum seekers were repatriated, 
including 2,592 under IOM auspices. This represented a sharp decline in 
numbers compared to 2006, due chiefly to the unwillingness of other 
countries to accept their return and to the accession of Romania and 
Bulgaria to the European Union. Nongovernmental organizations (NGOs) 
complained that living conditions at the closed centers for refused 
asylum seekers were substandard. By year's end the Immigration Ministry 
began implementing a decision to provide individual housing to refused 
families with children.
    During the year scores of asylum seekers who stayed in the country 
illegally after their applications were refused took refuge in 
churches, went on hunger strikes, and climbed tower cranes to draw 
public attention to their situation. The immigration minister made 
several statements during the year that all asylum seekers could apply 
to regularize their status on humanitarian or medical grounds.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution provides citizens with the right to change their 
government peacefully, and citizens ages 18 and older exercised this 
right through periodic, free, and fair elections held on the basis of 
universal suffrage. Voting in all elections is compulsory. Failure to 
vote is punishable by a nominal fine.

    Elections and Political Participation.--General elections were held 
in June 2007; they were considered free and fair. Political parties 
could operate without restriction or outside interference.
    The constitution requires the presence of men and women, and the 
law requires an equal number of male and female candidates on party 
tickets, in European, federal, regional, provincial, and local 
elections. Failure to meet the requirement would nullify the elections 
and render any government created thereby illegal.
    In May a fact-finding group of Council of Europe experts visited 
the country and interviewed the authorities regarding the case of three 
Francophone mayors of Flemish Brussels suburbs whose nominations were 
denied by the regional Flemish interior minister on the grounds that 
they had violated the prevailing language legislation during the 2006 
municipal election campaign. Local Francophone politicians argued that 
the language laws in these municipalities violated the constitutionally 
protected free use of languages.
    There were 56 women in the 150-seat Chamber of Representatives and 
29 women in the 71-seat Senate; six of the outgoing 22 federal cabinet 
ministers and state secretaries were women, and 11 of the 33 regional 
ministers were female.
    There were five members of minorities in the Chamber of 
Representatives, three in the Senate, and two minority regional 
ministers.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. Corruption was not a serious 
problem according to the World Bank's Worldwide Governance Indicators. 
Elected officials and high-level civil servants are required to 
disclose any regular private employment or public jobs they hold and to 
provide confidential disclosure of their financial situation.
    In June the Charleroi police commander was forced to resign over 
corruption charges. During 2007, 12 civil servants and 25 private 
contractors were indicted on active and passive corruption charges in 
connection with public building contracts, resulting in the appointment 
of new leadership of the Federal Buildings Department.
    With some exceptions, such as material involving national security, 
the Government provided unrestricted access to government information.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
generally operated without government restriction, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to their views.
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; however, violence against women, child abuse, trafficking in 
persons, and discrimination against minorities were problems.
    In 2007 three acts of parliament came into force replacing earlier 
antiracism and antidiscrimination legislation and bringing the 
country's legislation in line with prevailing European Union 
directives. One of the laws identified 18 grounds of possible 
discrimination subject to legal penalty: age, sexual orientation, civil 
status, birth, financial situation, religious belief, philosophical 
orientation, physical condition, disability, physical characteristics, 
genetic characteristics, social status, nationality, race, color of 
skin, descent, national origin, and ethnic origin. A separate law 
updated the 1999 gender discrimination in the workplace act.

    Women.--Rape, including spousal rape, is illegal, and the 
Government prosecuted such cases. In 2007 the federal police registered 
2,933 rape cases, compared to 3,045 the previous year. A convicted 
rapist can be imprisoned for a minimum of 10 years to a maximum of 
life. The length of sentence is based on the age of the victim, the age 
difference between the offender and the victim, the relationship 
between the offender and victim, and the use or absence of violence 
during the commission of the crime.
    Domestic violence against women, including spousal abuse, remained 
a problem. Reportedly, one in five women had at some time been 
subjected to domestic violence. In 2007 the federal police reported 
16,254 cases of violence between spouses, compared to 15,466 the 
previous year. Police registered 26,404 acts of violence within the 
larger family framework. The law defines and criminalizes domestic 
violence and provides for fines and incarceration. The law allows 
police to enter a home without the consent of the head of household 
when investigating a domestic violence complaint; however, there were 
complaints that the police frequently declined to do this.
    An action plan for dealing with domestic violence was in force, and 
the regional governments formally joined the effort. Police forces and 
prosecuting magistrates registered all complaints and official actions 
taken in connection with domestic violence.
    A number of government-supported shelters and telephone help lines 
were available across the country for victims of domestic abuse. In 
addition to providing shelter, many offered assistance on legal 
matters, job placement, and psychological counseling to both partners.
    The Institute for the Equality of Men and Women announced that it 
would claim damages in the case of a Pakistani woman slain in an honor 
killing resulting from a failed arranged marriage.
    Prostitution is legal; however, the law prohibits organizing 
prostitution or assisting immigration for the purpose of prostitution. 
There were reports that women and girls were trafficked to the country 
for the purpose of prostitution, and there were a number of arrests and 
convictions on related charges.
    The law prohibits discrimination on the grounds of gender, 
pregnancy, motherhood, or sex change. It also prohibits sexual 
intimidation in labor relations and in access to goods, services, 
social welfare, and health care. Separate legislation prohibits sexual 
harassment in the workplace, and the Government generally enforced it. 
A victim of sexual harassment in the workplace can claim damages in a 
court of justice. Victims of sexual harassment have the right to sue 
their harassers and seek financial remedies, but most cases of sexual 
harassment were resolved less formally.
    Women enjoy the same legal rights as men, including rights under 
family law, property law, in the judicial system, in labor relations, 
and in social welfare protection. The federal government's Institute 
for the Equality of Men and Women, which is tasked with promoting 
gender equality, is authorized to initiate lawsuits if it finds that 
equality laws have been violated.
    During the year the Government started implementing the gender 
mainstreaming act of 2007. The law obliges the authorities to address 
gender aspects in planning policy, collecting data, drafting budgets, 
awarding contracts, and drafting reports.
    Economic discrimination against women continued. A survey conducted 
by several ministerial departments during the year showed that in the 
public sector the average annual salary for women was 90 percent of 
that for men for contracted employees; salaries were equal among 
statutory civil servants. In the private sector, women earned 70 
percent of the average male salary among white-collar workers and 79 
percent in the blue-collar work force. Discrimination was greatest 
among older workers and in higher wage categories. Because relatively 
higher percentages of women were in part-time jobs and in lower wage 
categories, the actual male-female wage gap was even higher.
    Through legislation and decrees, federal and regional authorities 
sought to increase the presence of women on the boards of public 
enterprises and government agencies. Data from the European 
Professional Women's Network indicated that women filled only 5.8 
percent of the positions on boards of directors of the country's 
leading private companies.

    Children.--The Government was committed to children's rights and 
welfare. During the year parliament amended the constitution, giving 
children the right to voice an opinion in matters of concern to them 
and to the necessary measures and services for their personal 
development. The amendment brought the country's fundamental charter 
into conformity with the UN Convention on the Rights of the Child.
    There were reports of child abuse. In 2007 the federal police 
registered 1,996 cases of child abandonment and abuse, compared with 
2,145 in the previous year.
    The law provides for the protection of youth against sexual 
exploitation, abduction, and trafficking, and calls for severe 
penalties for child pornography and possession of pedophilic materials. 
The law permits the prosecution of residents who commit such crimes 
abroad and provides that criminals convicted of the sexual abuse of 
children must receive specialized treatment before they can be paroled 
and must continue counseling and treatment after their release from 
prison. In 2007 the NGO Child Focus handled 247 sexual abuse cases and 
continued its Internet-based public awareness campaign called 
``stopchildporno.be.'' It received 2,790 reports of child pornography 
on the Internet and forwarded relevant cases to the specialized units 
of the federal police.
    According to official figures, in 2007 the federal police 
investigated 375 child pornography cases, and international networks 
operating in several countries were dismantled with the help of Europol 
and Eurojust. In several Belgian court cases judges handed down prison 
sentences for downloading child pornography.
    Child Focus reported that it handled 3,555 missing children cases 
involving 3,739 children in 2007. There were 1,255 cases of runaways; 
half of the runaways returned home within 48 hours. The center handled 
36 cases of abduction by a third person. Also that year, Child Focus 
handled 451 cases of abduction by parents, involving 623 children; 232 
of the cases (331 children) involved children abducted to another 
country.
    During the year Child Focus, in conjunction with the King Baudouin 
Foundation, produced the first comprehensive study to document the 
growing number of children contacted via cellular telephone and 
Internet for sexual purposes and children responding to such requests.
    Following a critical report from a European Parliament Commission, 
the Government announced that unaccompanied minors stopped at the 
border were no longer being held in closed centers, but in specialized 
observation and orientation centers. Minors held with their parents had 
access to individualized education.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, Belgium is a transit country for men, women, and 
girls trafficked for the purpose of economic and sexual exploitation. 
According to the CEOOR and domestic NGOs that worked with trafficking 
victims, women and girls were trafficked primarily from Nigeria, 
Russia, Albania, Bulgaria, Romania and the People's Republic of China. 
Some were trafficked through the country to other European countries 
such as the United Kingdom. Male victims were trafficked to the country 
for labor exploitation in restaurants, bars, sweatshops, and 
construction sites.
    The law criminalizes recruiting, transporting, transiting, 
sheltering, and passing to others the control over persons for the 
purpose of prostitution, child pornography, exploitation of poverty, 
economic exploitation, or organ transplant. The law also makes it 
illegal to force trafficked persons to commit crimes. Persons convicted 
of violating the antitrafficking law are subject to one to five years' 
imprisonment and may be fined between 2,750 and 275,000 euro 
(approximately $3,850 to $385,000). Repeat offenses, offenses of an 
organized nature, and those with aggravated circumstances are subject 
to higher penalties. If the offender belongs to a criminal organization 
or if the trafficking results in manslaughter, the punishment is 15 to 
20 years' imprisonment and fines ranging from 5,500 to 825,000 euro 
($7,700 to $1,155,000).
    The country's antitrafficking policy is implemented by the 
Interdepartmental Coordination Unit to Combat Human Trafficking and 
Smuggling, chaired by the Justice Minister. Its executive board is 
composed of representatives from the Criminal Policy Department of the 
Justice Ministry, the CEOOR, the Immigration Office, the federal 
police, and the State Security and Social Welfare and Employment 
ministries.
    In 2007 prosecutors handled 418 trafficking cases, including 219 
economic exploitation and 168 sexual exploitation cases. The federal 
judicial police handled 196 trafficking files, compared with 184 in 
2006. In 2007 the police arrested 342 persons for smuggling and 
trafficking-related crimes.
    The country's legislation is in line with prevailing European Union 
directives, particularly on awarding residence to trafficking victims 
who cooperate with the authorities. The prevailing protection system 
has the force of law and extends to unaccompanied minors and other 
categories of vulnerable victims.
    During the year the Government launched a new action plan for 
combating trafficking and smuggling. The plan aims at improving data 
sharing among law enforcement agencies, more effectively combating 
child pornography, and tracking persons who exploit trafficking 
victims.
    Victims have 45 days to decide whether to assist in the 
investigation of their traffickers and can qualify for a renewable 
three-month residency permit or a six-month permit, depending on the 
status of the judicial investigation. Victims can eventually obtain 
permanent residence when their traffickers are sentenced. Unaccompanied 
minors and victims willing to file a complaint can skip the 45-day 
period and immediately apply for a three-month residency permit.
    The Government continued to subsidize three specialized shelters 
providing assistance to victims of trafficking, and NGOs continued to 
report excellent cooperation and coordination with law enforcement 
agencies. The shelters registered 619 victims in 2007. The three 
centers noted a significant increase in the number of victims of 
economic exploitation.

    Persons With Disabilities.--The law provides for the protection of 
persons with physical and mental disabilities from discrimination in 
employment, education, access to health care, and other state services. 
The CEOOR reported that 30 percent of all complaints concerned 
discrimination against persons with disabilities. Most of them 
concerned housing, public transport, public utilities, and access to 
banks, bars, and restaurants. While the Government has mandated that 
public buildings erected after 1970 must be accessible to such persons, 
many older buildings were still inaccessible.

    National/Racial/Ethnic Minorities.--Immigrant communities 
complained of discrimination. Members of the Muslim community, 
estimated at 450,000 and principally of Moroccan and Turkish origin, 
claimed that discrimination against their community, notably in 
education and employment-and particularly against young men-exceeded 
that experienced by other immigrant communities. In 2007 the CEOOR, 
which investigates complaints of discrimination, racism, and hate 
instigation, handled 2,917 discrimination and racism complaints, a 77 
percent increase from the previous year-partially due to greater public 
awareness of the CEOOR complaint mechanism. Most complaints concerned 
race and physical handicaps; in contrast with previous years, there was 
a 12.5 percent increase in complaints about discrimination on religious 
and philosophical orientation grounds. The CEOOR also noted a 
significant increase in complaints about racism in the media, in 
propaganda material, and on the Internet in blogs and e-mails.
    Unlike in the previous year, there were no further ethnic clashes 
between immigrant groups living in Brussels.
    The CEOOR also noted discrimination regarding employment, housing, 
and restaurant access, and an increase of racism on the Internet and in 
e-mail.
    Two percent of all registered complaints resulted in litigation 
initiated by the CEOOR. Courts convicted a number of defendants for 
inciting racial hatred, shouting abuse, denying the Holocaust, and 
using violence against asylum seekers. Judges convicted employers for 
discriminating on racial and physical grounds in hiring personnel. 
Landlords were convicted for discriminating against foreigners and 
persons with disabilities.
    Data released by the Justice Ministry showed that only 2 to 5 
percent of all racism and discrimination cases handled by the first 
instance courts in 2007 resulted in indictments or court rulings.

    Other Societal Abuses and Discrimination.--Five percent of the 
complaints registered by the CEOOR concerned discrimination based on 
sexual orientation.
    In its annual report for 2007, the CEOOR noted an increase in 
discrimination based on health or medical conditions-including against 
persons with HIV/AIDS, philosophical orientation (a Belgian legal 
concept referring to religious, spiritual, and philosophical belief or 
lack thereof), and age.
    On July 10, the European Court of Justice ruled that a manufacturer 
of automatic garage doors had discriminated when he refused to hire a 
Moroccan applicant under the pretext that his clients would object to 
having a Moroccan worker in their homes. The case was referred to a 
labor court for sentencing under the antidiscrimination law.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join independent unions of their choice, and workers exercised 
this right in practice. Approximately 58 percent of employed workers 
were members of labor unions. 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 strike, and 
workers exercised this right.

    b. The Right to Organize and Bargain Collectively.--The right to 
bargain collectively is recognized, and the Government protected this 
right. There were no reports of antiunion discrimination.
    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. The police and courts used 
antitrafficking legislation to combat economic exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law and policies generally protect children from exploitation in the 
workplace. The minimum age of employment is 15. Youths between the ages 
of 15 and 18 can participate in part-time work and study programs and 
work full-time during school vacations. The Ministry of Employment 
regulates industries that employ younger workers to ensure that labor 
laws are followed.

    e. Acceptable Conditions of Work.--The monthly national minimum 
wage for workers 21 years of age was 1,387.5 euro (approximately 
$1,940) and increased to 1,440.7 euro (approximately $2,000) for 
workers 22 years of age with one year of service. When combined with 
extensive social benefits, this provided a decent standard of living 
for a worker and family.
    The standard workday is eight hours, and the standard workweek is 
38 hours. Departure from these norms can occur under the terms of a 
collective bargaining agreement, but work time may not exceed 11 hours 
per day and 50 hours per week. An 1-hour rest period is required 
between two work periods. Overtime is paid at a time-and-a-half premium 
Monday through Saturday and at double time on Sundays. The Ministry of 
Labor and the labor courts effectively enforced these laws and 
regulations.
    Workers have the right to remove themselves from situations that 
endanger their safety or health without jeopardy to their continued 
employment, and workers exercised this right in practice. In general, 
regulations were enforced effectively by the Employment and Labor 
Relations Federal Public Service.

                               __________

                         BOSNIA AND HERZEGOVINA

    Bosnia and Herzegovina (BiH) consists of two entities within the 
state, the Federation of Bosnia and Herzegovina (the Federation) and 
the Republika Srpska (RS), and Brcko District, with a total population 
of approximately four million. The Federation has a Bosniak (Muslim) 
and Croat (Catholic) majority, while the RS has a Bosnian Serb 
(Orthodox) majority. As stipulated in the 1995 peace agreement (the 
Dayton Accords), a state-level constitution provides for a democratic 
republic with a bicameral parliamentary assembly but assigns many 
governmental functions to the two entities. The Dayton Accords also 
provide for the Office of the High Representative (OHR) with the 
authority to impose legislation and remove officials. The tripartite 
presidency consists of Bosnian Croat Zeljko Komsic, Bosnian Serb 
Nebojsa Radmanovic, and Bosniak Haris Silajdzic. In 2006, the country 
held general elections that international observers deemed free and 
fair. Municipal elections held during the year were similarly evaluated 
by independent local observers. Civilian authorities generally 
maintained effective control of the security forces.
    The Government's human rights record remained poor. Although there 
were improvements in some areas, serious problems remained. There were 
reports of continued deaths from landmines, police abuses, poor and 
overcrowded prison conditions, increased harassment and intimidation of 
journalists and members of civil society, discrimination and violence 
against women and ethnic and religious minorities, discrimination 
against persons with disabilities and sexual minorities, obstruction of 
refugee return, trafficking in persons, and limits on employment 
rights. At year's end, Ratko Mladic, the war crimes suspect most wanted 
by the International Criminal Tribunal for the former Yugoslavia 
(ICTY), remained at large.
                        respect for 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 arbitrary or 
unlawful killings.
    Domestic courts and the ICTY continued to adjudicate cases arising 
from killings during the 1992-95 conflict.
    Although the Government supports an array of demining programs, 
outside observers questioned whether corruption undermined the 
integrity and safety of demining projects in the country. During the 
year there were 21 landmine accidents that killed 19 persons and 
injured 20.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    An estimated 11,989 persons remained missing from the 1992-95 war. 
The International Committee of the Red Cross (ICRC) reported that since 
1995 it had received 22,411 requests from family members to trace 
relatives still missing from the war. By year's end a total of 10,422 
persons had been accounted for, including 460 located alive. Political 
leaders often intentionally misrepresented actual numbers related to 
the number of missing or deceased persons in an effort to buttress 
claims of victimization of their respective ethnic groups. Such 
misrepresentation contributed to the country's unstable political 
environment.
    RS leaders, particularly Prime Minister Dodik, hindered the state-
level Missing Persons Institute's (MPI) work by attempting to 
reestablish an RS body with similar responsibilities. Throughout 2007, 
the staffs of both entity commissions were fully integrated into MPI, 
and joint exhumation teams took over functions previously split between 
the entities. MPI is responsible for continuing the search for missing 
persons in partnership with the International Commission on Missing 
Persons (ICMP). The institute's goal was to establish a single, central 
list of all missing persons from the 1992-95 war. However, when the RS 
formed its Operational Team for the Search for Missing Persons, some 
ethnic Serb staff from MPI left that institution to work on the RS 
team. Both international and state-level officials characterized the 
creation of the RS team as an attempt to disrupt MPI's work by creating 
a parallel institution at the entity level. Although RS officials 
denied the assertion, RS operational teams refused MPI personnel access 
to archives that were transferred to MPI's ownership in accordance with 
the 2004 Law on Missing Persons. The RS prosecutors did not cooperate 
in MPI's exhumation and identification process. Since May there were no 
exhumations or identifications carried out by RS prosecutors.
    At year's end excavations coordinated by MPI had resulted in the 
recovery of 506 bodies and 1,524 sets of partial remains. The majority 
of mortal remains were recovered from 13 mass graves (seven of them 
related to the 1995 Srebrenica genocide) in the Podrinje area.
    From 2000 through the end the year, the ICMP generated a total of 
24,571 DNA matches relevant to 15,066 missing persons, of which 11,935 
relate to the country, and collected over 86,759 blood samples from 
persons related to 28,694 missing individuals, of which 68,763 samples 
related to 23,168 persons were relevant to the country.
    During the year the BiH State Prosecutor's Office and its War 
Crimes Department continued to investigate the events surrounding the 
Srebrenica genocide and the fate of individuals missing from those 
events.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
allegations that police physically mistreated individuals.
    On July 2, the country's Helsinki Committee for Human Rights (HCHR) 
paid a visit to Zenica prison, noting some continuing issues unresolved 
since the Council of Europe's Committee for the Prevention of Torture 
(CPT) report on its March 2007 visit to the country's prison and 
detention facilities. The CPT reported several allegations of physical 
mistreatment by police, especially during questioning. The CPT 
recommended that police should immediately remove baseball bats, 
replica pistols, and metal piping with wrist straps from premises where 
police may hold or question individuals.
    Various state and entity level ministries and state, entity, and 
cantonal law enforcement agencies responded to preliminary observations 
of the CPT by the required deadline, laying out a series of measures 
they had undertaken to address reported concerns. The Federation 
minister of interior and the police director informed the ministries 
and police commissioners of each canton of the CPT findings, including 
a reminder that mistreatment of persons deprived of liberty is illegal 
and unprofessional and that it will be punished. The cantonal 
ministries each responded to the Federation government with reports on 
actions taken to investigate and process cases of mistreatment. In RS, 
Ministry of Interior authorities responsible for oversight of 
individual organizational units were ordered to pay special attention 
to monitoring legality of treatment of persons deprived of liberty, and 
to undertake sanctions as regulated by the law in order to combat 
torture and inhuman and degrading treatment.
    On July 6, Sanel Jusic reported to Herzegovina-Neretva Canton 
police in Mostar that four officers assaulted him without cause. 
According to Jusic, while walking with two foreign citizens, a police 
car stopped in front of him and four officers got out and assaulted him 
without requesting identification. The spokesman for the canton police, 
Lejla Trivun, confirmed that Jusic reported the incident and stated 
that police forwarded the case to the Internal Control Unit.

    Prison and Detention Center Conditions.--Prison standards for 
hygiene and access to medical care met prisoners' basic needs, but 
overcrowding and antiquated facilities remained serious problems. 
Overcrowding, inadequate nutrition, and poor hygiene were chronic 
problems in police detention facilities, some of which were unsuitable 
for use. There were no proper facilities for treating mentally ill or 
special needs prisoners.
    There were some reports of allegedly ethnically motivated violence 
among inmates, particularly the formation of prison gangs based on 
ethnicity or region of origin. Prison officials are able, to a degree, 
to isolate those who appear to be the source of threats to others, or 
those whom others targeted.
    There were no specific reports of corruption among prison 
officials, but authorities presumed such corruption. In some cases, 
inadequate infrastructure, irregular staffing patterns and placement of 
prisoners in centers near their support networks facilitated prison 
escapes. Investigators alleged that corruption was a factor in the 
successful May 2007 escape of Radovan Stankovic from Foca Prison. At 
year's end Stankovic remained at large.
    The Government responded to the CPT request for information in the 
2006 death of one prisoner who died in custody, reportedly of a drug 
overdose. The autopsy, which was performed in Zagreb, confirmed that 
the prisoner died of a drug overdose. During its March 2007 visit, the 
CPT found detention cells at the Foca police station to be 
``appalling'' and requested the cells be taken out of service 
immediately. The cells were subsequently taken out of service, and 
renovation was in progress at year's end. The CPT also found a proposed 
cell area in Visegrad unsuitable and said it should not be brought into 
use. The area in question was not in use at year's end, at which time 
authorities were seeking funding for renovation.
    Adult and juvenile female inmates were held together in separate 
wings of facilities for adult males. Facilities held male inmates aged 
16 to 18 with adult male inmates, with male inmates under the age of 16 
held separately. Following its March 2007 visit, the CPT delegation 
noted that the practice of placing juveniles with older inmates in the 
admission ward of Foca Prison was contrary to the principle of 
separation of juveniles and adults and ``totally unsafe.'' The 
correction facility for RS juveniles aged 16 to 18 in the Banja Luka 
Prison had a 35-bed capacity, well below the space needed. Zenica 
prison held one 17-year-old in its general prison population. It also 
held 33 people in a pretrial detention building separated from the rest 
of the prison. One woman was among the 33 persons there, though each 
prisoner was held in a separate cell.
    On May 28, the European Court for Human Rights (ECHR) established 
that the country had violated the European Convention on Human Rights 
with respect to persons who were held in Zenica correctional facility. 
The court ordered the country to pay the plaintiffs 18,500 euros 
(approximately $26,000) in compensation and recommended that the state 
provide higher levels of protection in prisons and set up mechanisms 
for inspections of prisons.
    The Government permitted visits by independent human rights 
observers and gave international community representatives widespread 
and unhindered access to detention facilities and prisoners. The BiH 
HCHR visited the Zenica Prison on July 2 to follow-up locally on the 
March 2007 CPT visit. The HCHR report cited problems with understaffed 
and overworked staff, serious overcrowding, and aged facilities as the 
source of serious human rights concerns. Describing penitentiary life, 
the HCHR noted that fights among prisoners were ``everyday features'' 
that often lead to ``serious injuries.'' They noted a number of recent 
attacks on prison staff by inmates. The HCHR also noted the presence of 
illegal drugs among the prisoner population, and expressed concern 
about a lack of effective control.
    The ICRC continued to have access to detention facilities under the 
jurisdiction of the ministries of justice at both the state and entity 
levels; it mainly visited persons under investigation or sentenced for 
war crime offenses.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The law gives both 
entity- and state-level governments responsibility for law enforcement, 
but extends significant overlapping competencies to each entity and to 
the Brcko District, each of which has its own police force. The 
European Union Force continued to implement the military aspects of the 
Dayton Accords and provide a secure environment for implementation of 
the nonmilitary aspects of the settlement. The North Atlantic Treaty 
Organization headquarters in Sarajevo is responsible for overseeing 
defense reform, counterterrorism efforts, and cooperation with the 
ICTY. The European Union Police Mission monitored, mentored, inspected, 
and worked to raise the professional standards of the local police.
    The country made some progress on state-level police reform. 
Authorities postponed local-level police reform until after the 
completion of constitutional reform. In accordance with the November 
2007 Sarajevo Action Plan, the state parliament adopted two police 
reform laws in April mandating the creation of four new state-level 
police agencies and three state-level police oversight bodies. By 
year's end the seven bodies had not yet been fully formed or staffed. 
Entities did not meet the target standards of ethnic representation on 
police forces that their respective constitutions mandated.
    The Police Standards Units (PSU) functioned as internal affairs 
investigative units in each entity's Ministry of the Interior and in 
the Brcko District. The presence of these units led to the creation of 
standardized procedures for processing complaints of police misconduct 
and for disciplining police. There were continued reports of corruption 
within the entity and state-level security services. The PSUs 
discovered crimes including bribery, inflicting serious injury, 
violating public law and order under the influence, assisting the 
escape of a prisoner during transport, forgery, and extortion. 
Authorities dismissed one individual for war crimes charges.
    During the first nine months of the year, the RS PSUs investigated 
680 conduct-related complaints and determined that 86 were well 
founded. The unit forwarded recommendations for disciplinary action to 
prosecutors in 19 cases that they considered major violations. In 
addition, authorities filed nine felony reports and three misdemeanor 
reports against 13 RS Interior Ministry employees for offenses 
including narcotics trafficking, forgery, theft, domestic violence, 
assault, extortion, and traffic violations, indicating a significant 
decrease from the previous year. During the year Federation PSUs 
investigated 375 cases and forwarded 43 complaints to prosecutors for 
disciplinary action. During the year the Brcko District PSU 
investigated 52 cases and concluded that five complaints were well 
founded. The PSU forwarded two cases deemed to be major violations of 
duty to prosecutors for disciplinary action.

    Arrest and Detention.--Police generally arrested persons openly 
with warrants based on sufficient evidence. Authorities promptly 
informed detainees of the charges against them, and there was a 
functioning bail system. The law requires police to bring persons 
suspected of committing a crime before a prosecutor within 24 hours of 
detention. The law also authorizes police to detain individuals for up 
to six hours at the scene of a crime for investigative purposes; this 
period is included in the 24-hour detention period allowed prior to 
being charged. The prosecutor has an additional 24 hours either to 
determine whether police should release the person or to bring the 
person before a judge who decides whether they should remain in 
pretrial custody. The law generally limits pretrial detention to one 
year. The law allows detainees to request a lawyer of their own 
choosing, requires authorities to inform detainees of the charges 
against them after an indictment, and provides the right to a speedy 
trial. In practice, authorities generally observed these requirements. 
There were no cases of arbitrary arrest or detention reported during 
the year.

    e. Denial of Fair Public Trial.--The state constitution does not 
explicitly provide for an independent judiciary, but the laws of both 
entities do. The State Court is the highest court in the country for 
certain criminal cases, including war crimes, organized crime, 
terrorism, economic crime, and corruption. The country also has a State 
Constitutional Court and State Prosecutor's Office. Each entity has its 
own supreme court and chief prosecutors' offices. The state-level court 
system does not exercise judicial supremacy over the individual entity-
level court systems. Political parties sometimes influenced the 
judiciary in politically sensitive cases. Judicial reforms reduced the 
level of intimidation by organized crime figures and political leaders, 
but intimidation remained.
    In March, RS Prime Minister Dodik threatened to file charges 
against judges of the Trebinje Municipal Court for ``attempted theft.'' 
The judges had ruled in favor of a family who sought compensation for 
their metal processing plant, which Trebinje Municipality confiscated 
in 1993 on the orders of the RS Ministry of Trade. Dodik's threat 
prompted OHR to issue a press release warning against intimidation of 
the judiciary. Branko Peric, then president of the High Judiciary and 
Prosecutorial Council, characterized Dodik's action as a direct threat 
to judicial independence.
    On September 11, the RS government formally instructed its 
ministries and agencies not to cooperate with state-level law 
enforcement and judicial institutions conducting an investigation into 
alleged corruption involving RS government building contracts. The OHR 
publicly criticized the RS government's action as ``explicit political 
interference with the independence of the judiciary and in operational 
policing.'' The RS government asserted that the State did not have 
jurisdiction in the matter, and insisted that certain conditions be met 
before it would comply with the State Prosecutor's Office and State 
Investigation and Protection Agency (SIPA).
    On October 2, Dodik publicly threatened violence should state-level 
law enforcement officials seek to obtain documents from RS government 
buildings in the context of the investigation. He accused ``part of 
OHR'' of ``conducting a personal war against the RS'' and ``Muslims of 
Sarajevo'' of ``abusing their power'' with regard to the investigation. 
Dodik also said, ``I want to send them a message that next time they 
(state-level law enforcement officials) will not be allowed to enter 
such institutions without resistance by the RS police.'' On November 
13, the State Court issued an order requested by the State Prosecutor 
allowing SIPA to seize needed documents from RS government buildings.
    On November 26, the RS government submitted some of the requested 
documents to the State Court. The following day, it filed an appeal of 
the State Court's temporary seizure order with the State Court on the 
grounds that the court did not have jurisdiction in the matter, but its 
appeal was later rejected.
    Also on November 27, the RS government filed a criminal complaint 
with the State Prosecutor's Office against Acting Chief Prosecutor 
Milorad Barasin, the OHR principal deputy high representative, and 
seven other individuals in connection with the state prosecutor's 
investigation of possible corruption in the RS. The move was condemned 
by OHR, which noted that ``Milorad Dodik is clearly making use of 
Republika Srpska institutions and personnel to try to intimidate the 
international community.'' The State Prosecutor's Office investigation 
of RS corruption remained underway at year's end.
    The state-level High Judicial and Prosecutorial Council (HJPC) acts 
independently and regulates many of the most important affairs of the 
judiciary with clear, transparent criteria for judicial and 
prosecutorial appointments and detailed disciplinary liability for 
judges and prosecutors. In November, the Federation government 
appointed a judge who was not vetted by the HJPC to the Federation's 
Constitutional Court. The HJPC and the Office of the High 
Representative voiced strong concern that this appointment was not in 
compliance with the law on the HJPC. A resolution of this issue was 
still pending at year's end.
    On December 12, Dodik criticized the work of Muslim judges in the 
country, saying ``...it is unacceptable for the RS that Muslim judges 
try us and throw out complaints that are legally founded. And we think 
that it is only because they are Muslims, Bosniaks and that they have a 
negative orientation towards the RS, and we see the conspiracy that has 
been created.'' The OHR, the international community, and others widely 
condemned this statement.
    Local officials and police generally cooperated in enforcing court 
decisions, but problems persisted as a result of inefficiency. Despite 
efforts to streamline court procedures, there was a backlog of nearly 
two million unresolved cases, with over one-half utility bill cases, 
and only approximately one-tenth for criminal matters.
    Authorities generally respected and implemented Constitutional 
Court decisions, although often with delays.

    Trial Procedures.--Under Federation and RS laws, defendants enjoy a 
presumption of innocence, trials are public, and the defendant has the 
right to counsel at public expense, if charged with a crime that is 
punishable by long-term imprisonment. However, courts did not always 
appoint defense attorneys for indigent defendants in cases where the 
maximum prison sentence was less than five years due to insufficient 
court budgets and high attorney fees. The law provides that defendants 
have the right to confront or question witnesses, to present witnesses 
and evidence on their own behalf, to access government-held evidence 
relevant to their cases, and the right to appeal. The Government 
observed these rights in practice.
    The State Court made significant progress adjudicating organized 
crime and war crimes cases and expanded the witness protection program. 
Since its inception, the SIPA Witness Protection Department provided 
support to more than 350 individuals. During the year the department 
provided support to 120 individuals.
    On April 25, the RS Supreme Court affirmed the November 2007 
Bijelina District Court convictions of two individuals in the February 
2007 murder of RS HCHR cofounder Dusko Kondor. The killer received a 
20-year prison sentence, while his accomplice received a four-year 
sentence.
    The State Court War Crimes Chamber and entity courts continued 
conducting war crimes trials during the year. Of the six cases 
transferred from ICTY to Bosnia and Herzegovina between 2005 and 2006, 
all but the case against Milorad Trbic had completed first instance 
trials, and there were final verdicts in two cases. The State 
Prosecutor's Office opened 49 new war crimes investigations involving 
106 suspects and confirmed 22 new indictments involving 29 accused war 
criminals. This was the first year the State Prosecutor's Office used 
plea agreements in some cases. During the year the office also unveiled 
new case selection criteria based on a demographic analysis of all 
crimes committed nationwide. This tool allows the State Prosecutor's 
Office to focus on the most egregious war crimes. In December the 
Council of Ministers adopted a National War Crimes Strategy for war 
crimes prosecution. The strategy foresees the prosecution of the most 
serious war crimes by 2016 and all other war crimes by 2024.
    The State Prosecutor's Office continued its investigations against 
RS police officers and other individuals whose names were included in 
the list of individuals suspected of participating in genocide 
committed in and around Srebrenica. Authorities stripped these 
individuals of their travel documents to prevent flight. At year's end 
one of the 35 police officers named by the commission had been 
indicted, and investigations against two others were discontinued.
    On September 2, the state-level appellate court returned the case 
of Ranko Vukovic to the first instance panel of the State Court. That 
panel found Vukovic guilty of crimes against humanity and sentenced him 
to 12 years in prison February 4. Vukovic remains free while the panel 
hears his case again, though authorities seized his passport.
    On February 22, the court sentenced Idhan Sipic, who pled guilty to 
charges of war crimes for killing a civilian while he was serving in 
the wartime Army of the Republic of Bosnia and Herzegovina, to eight 
years in prison. This was the first war crimes case in which a plea 
agreement was reached between the State Prosecutor's Office and a 
defendant.
    On February 26, the trial of Ratko Bundalo in a 1992 Kalinovik war 
crimes case began and was ongoing at year's end. SIPA arrested Bundalo 
in August 2007 with several others as part of a larger investigation.
    On February 28, a panel of the State Court convicted Mitar Rasevic 
and Savo Todovic on charges of crimes against humanity. Rasevic and 
Todovic were in charge of the Foca prison camp. The court sentenced 
Rasevic to eight years and six months in prison and Tadovic to twelve 
years and six months in prison.
    On February 28, a first instance panel of the State Court convicted 
Veiz Bjelic of war crimes against civilians and prisoners of war and 
sentenced him to six years in prison. Bjelic, a former guard at Stala 
prison, pled guilty after reaching a plea agreement with the State 
Prosecutor's Office. The court accused him of raping a civilian and of 
allowing members of the Vlasenica Territorial Defense to enter the 
prison premises and physically and emotionally abuse Serb prisoners, 
resulting in the death of a prisoner.
    On October 23, the appellate panel sentenced Marko Samardzija to 
seven years' imprisonment in the retrial of his 2006 conviction for 
crimes against humanity, including the killing of over 144 Bosniak men 
and boys from the villages of Brkic and Balagic Brdo in Kljuc 
Municipality in 1992.
    On September 8, the RS Ministry of Justice allowed the head of Foca 
prison, Aleksandar Cicmil, whom the same ministry suspended after the 
May 2007 escape of convicted war criminal Radovan Stankovic, to return 
to work in another capacity. On September 13, the RS Ministry of 
Justice ordered the suspension of the seven prison guards who were on 
duty at the time of Stankovic's escape following confirmation of their 
indictment by a state-level court. Authorities had earlier reinstated 
the guards to their positions after a July 9 decision by the Trebinje 
District Court. The OHR, in a press release one year after the escape, 
characterized the lack of disciplinary action against responsible 
officials as ``an outrage.''
    The 2006 State Prosecutor's Office investigation into the 
activities of the former commander of the army's Fifth Corps, General 
Atif Dudakovic, and other unknown persons shown in a video killing an 
unknown number of individuals from the Bosnian Serb Army during the 
war, was ongoing at year's end.
    One ICTY indictee wanted for crimes committed in the country, Ratko 
Mladic, remained at large. On July 18, Serbian police arrested Radovan 
Karadzic, a fugitive for 13 years, and transferred him to The Hague. 
Karadzic, along with Mladic, was one of the most wanted ICTY indictees.
    Despite local and international efforts to prosecute war crimes, 
many of the lower-level perpetrators of killings and other abuses 
remained unpunished. These included those responsible for the 
approximately 8,000 persons killed in the genocide that took place 
after the fall of Srebrenica and those responsible for approximately 
13,000 to 15,000 other persons who were missing and presumed killed.
    In July, the State Court found seven of 11 defendants guilty of 
genocide in the killing of more than 1,000 Bosniak men and boys at the 
Kravice Farming Warehouse Cooperative. This was the first time that a 
domestic court had reached a genocide verdict.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters, and citizens 
could file civil suits seeking remedies for human rights violations. On 
December 4, the parliament completed the process of naming the members 
of the state-level Office of the Ombudsman. Jasminka Dzumhur (Bosniak), 
Ivo Bradvica (Croat), and Ljubomir Sandic (Serb), were appointed as 
ombudsmen with six-year mandates. With the completion of the 
appointment process, entity ombudsman institutions are required to 
entirely cease to exist within a month. However, at year's end, the 
State Ombudsman institution had still not been fully constituted, as 
the National Assembly of Republika Srpska had not yet adopted the Law 
on Cessation of Existence of the RS Ombudsman Institution and Transfer 
of Competencies to State Ombudsman. When the unified State Ombudsman is 
fully empowered individuals will be able to seek assistance from a 
single, national human rights ombudsman to hear and provide 
recommendations on cases of human rights violations. These 
recommendations, however, will not be binding.

    Property Restitution.--The country's four traditional religious 
communities had extensive claims for restitution of property that the 
communist government of the former Yugoslavia nationalized after World 
War II. The State Law on Religious Freedom provides religious 
communities the right to restitution of expropriated property ``in 
accordance with the law.'' In the absence of state legislation 
specifically governing restitution, return of former religious 
properties continued on an ad hoc basis at the discretion of municipal 
officials; these officials usually only completed such restitution in 
favor of the majority group in that particular state.
    On August 1, the Mostar city council temporarily returned six 
buildings to the Serb Orthodox Church that the Government confiscated 
after World War II.
    On August 14, workers began removing the church bells from an 
Orthodox church in Divic near Zvornik and transferred them to a newly-
constructed church in Mladjevac. Serb Orthodox parishioners built the 
Divic church on the location of a mosque that was destroyed in 1992. 
The Islamic community and Serb Orthodox Church agreed to the transfer 
of the church.
    Many officials used property restitution cases as a tool of 
political patronage, rendering religious leaders dependent on 
politicians to regain property taken from religious communities. Other 
unresolved restitution claims were politically and legally complicated. 
For example, the Serbian Orthodox Church continued to seek the return 
of the building that housed the University of Sarajevo's Faculty of 
Economic Sciences. The Jewish and Muslim communities also asserted 
historic claims to many commercial and residential properties in 
Sarajevo. The Catholic community maintained a large number of similar 
claims in Banja Luka. Interested parties complained of additional and 
at times politically motivated parliamentary delays in legal reforms to 
property restitution.
    Roma displaced during the war had difficulty repossessing their 
property as a result of discrimination and because they lacked 
documents proving ownership or had never registered their property with 
local authorities. The lack of documentation also prevented them from 
applying for reconstruction assistance.

    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 RS-
based journalists complained of telephone tapping and increased 
government surveillance.
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 did not always respect 
press freedom in practice. Laws delegated safeguarding freedom of the 
press to the cantons in the Federation and to the entity-level 
authorities in the RS. Defamation laws exist at the entity level, and 
freedom of information legislation exists at both the entity and state 
levels.
    There are provisions against hate speech in the Federation criminal 
code, but not in the RS criminal code. The broadcasting code of 
practice also regulates hate speech by broadcasters. The Communications 
Regulatory Agency (CRA), charged with implementing the code, did not 
register any cases of hate speech during the year. However, independent 
analysts noted that hate speech is reemerging and many media outlets 
use language, often nationalistic, considered provocative or incendiary 
on matters related to ethnicity, religion, sexual orientation, and 
political affiliation. The Press Council received 63 complaints 
concerning print media, of which 13 complaints were rejected and 10 
were accepted. In some cases the Press Council instructed media outlets 
to publish a refutation or a retraction; mediation or self-regulation 
resolved 17 cases. Most of the accepted complaints referred to the 
absence of the right to denial.
    Government respect for freedom of speech and the press declined 
during the year; some prominent individuals who criticized the 
Government were the target of government reprisals.
    Political pressures on state-level media institutions continued. 
Both Bosnia-Herzegovina Radio Television (BHRT) and the CRA were 
exposed to frequent political attacks, particularly by RS officials, 
often alleging a lack of impartiality. In the case of the BHRT, the 
attacks appeared aimed at undermining the state-level public 
broadcasters and building support for devolving media competencies from 
the state to the entity level. Other public broadcasters remained 
vulnerable to political influence as well. Two public broadcasters, 
Federation Television (FTV) and Radio Television of Republika Srpska 
(RTRS), remained the largest television broadcasters in the country. 
RTRS reported predominantly pro-RS ruling party views.
    During the year the Council of Ministers continued to block the 
independent selection process of a general manager for the CRA for over 
a year and attempted to influence the selection of a candidate. The 
selection had not been made by year's end. Press freedom advocates also 
noted that pressures on the CRA included political challenges to the 
agency's scope of authority, as well as its financial independence.
    Many independent, privately owned newspapers were available and 
expressed a wide variety of views. Several printing houses operated in 
the country. Dnevni Avaz, whose editorial policy strongly reflected 
Bosniak interests, remained the largest circulation daily, followed by 
Banja Luka based daily Nezavisne Novine, a paper reflecting the views 
of the RS ruling Alliance of Social Democrats party. A number of 
independent print media outlets continued to encounter financial 
problems that endangered their operation. The few remaining independent 
media outlets in the RS continued to report government interference 
with their operations.
    A local commercial network of five stations operated in both 
entities (Mreza Plus), as did the private television networks OBN and 
PinkBH. Dozens of small independent television stations broadcast 
throughout the country. Radio continued to provide a forum for diverse 
points of view. In many cases, news programs of independent 
broadcasters reflected opposition perspectives.
    The vast majority of RS media outlets showed a distinct pro-RS 
government bias. Federation media outlets also exhibited political bias 
along ethnic lines, with some clearly taking positions in support of 
specific political parties.
    The number of threats against journalists dramatically increased. 
During the year the Free Media Help Line (a part of the Bosnian 
Journalists Association) registered 54 cases involving violations of 
journalists' rights and freedoms and pressure from government and law 
enforcement officials. There were 17 cases of pressure on and threats 
to journalists, 13 physical assaults on journalists, and one case of 
denied access to information.
    In some instances, officials subjected media outlets to overt 
pressure, such as threatening them with loss of advertising or placing 
limits on their access to official information. 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. Some RS-based journalists 
complained of telephone tapping, increased government surveillance, 
actual or threatened lawsuits, repeated visits from tax authorities and 
revocation of credit or loans.
    On February 26, an RS police officer physically attacked OBN 
television cameraman Ninoslav Danojlic while intervening during violent 
protests in Banja Luka following the proclamation of the Kosovo 
independence. The RS Association of Young Journalists immediately 
criticized the attack. RS Minister of Interior Stanislav Cadjo and RS 
Police Director Uros Pena met with the representatives of the RS 
Association of Young Journalists and publicly apologized for the 
incident. The police officer involved in the incident also apologized 
to the cameraman, who accepted his apology. No other disciplinary 
action was taken.
    From December 2007 through August of this year, RS Prime Minister 
Dodik filed 16 lawsuits against FTV as a private citizen, most of which 
are against the editor-in-chief of FTV's political program ``60 
Minutes,'' Bakir Hadziomerovic, and FTV's Banja Luka correspondent, 
Slobodan Vaskovic because of Vaskovic's reports on ``60 Minutes'' 
accusing Dodik of crime and corruption. On July 14, one of the lawsuits 
was rejected by the Sarajevo Municipal Court on the grounds that Dodik 
was a high-ranking public official who should tolerate a higher level 
of public criticism than private citizens.
    On March 5, the CRA rejected Dodik's complaint against FTV and ``60 
Minutes'' alleging unprofessional and biased reporting.
    On April 24, Dodik called for the initiation of a bankruptcy and 
liquidation procedure against BHRT, because, according to Dodik, State 
spending on the station did not produce any results. The ombudsmen for 
media, journalist's associations, the Organization for Security and 
Cooperation in Europe (OSCE), the OHR, and other media freedom 
advocates criticized this pressure exerted against the independent 
media outlet. The BHRT continued to be vulnerable to political 
pressures, largely as a result of the failure to establish a public 
corporation for managing it as called for in the law that established 
the BHRT.
    In October, a state-level court overturned the September 15 
decision by the steering board for BHRT to remove Director-General 
Mehmed Agovic. The court issued a temporary decision advising that he 
be returned to work. In the meantime, the steering board appointed an 
acting general manager. Media freedom advocates expressed concern, 
claiming that the steering board decision was politically motivated, 
and noted procedural controversies. The country's ombudsman for human 
rights stated that the board violated Agovic's human rights and 
appealed to the BiH Ministry of Transportation and Communication to 
assess the situation at BHRT. On December 3, the court accepted the 
appeal of the steering board, returning the case to the starting point, 
at which point the steering board appointed a new general manager. 
However, the court issued a subsequent temporary decision December 26 
overriding the appointment until the first instance court reached a 
decision on the legality of the replacement. The case remained 
unresolved at year's end.
    On April 18, Party for Bosnia and Herzegovina (SBiH) delegate in 
the state parliament Sadik Bahtic physically attacked an FTV crew, 
preventing them from attending an SBiH press conference in Bihac. 
Although the television footage showed the incident, Bahtic denied 
there had been a physical attack, asserting that party officials had 
not allowed the FTV reporters to attend the conference because of their 
``ill-will directed towards that region and its development.'' The 
Public Broadcasting Service Syndicate and the other journalists present 
when the incident occurred, as well as the country's HCHR, Centers for 
Civic Initiatives and 'Front' NGOs, and the Association of Journalists, 
criticized the attack. SBiH stated Bahtic did not have the right to 
prevent any journalist from attending the conference and subsequently 
excluded Bahtic from the presidency body of SBiH, although he remained 
a party member and delegate in the state parliament.
    On June 21, police attacked Vecernji List journalist Frano Matic 
and attempted to confiscate his camera while he took pictures of riots 
and the intervention of the special police forces after the Croatia-
Turkey soccer match. The police slightly injured the journalist. The 
Association of Bosnia and Herzegovina Journalists, the Association of 
Croat Journalists in Bosnia and Herzegovina, and the ombudsman for 
media criticized the attack.
    On August 24, RTRS journalist Danijela Dodos from Prijedor received 
an anonymous death threat by telephone. The caller told her to stop her 
reports and investigations about the sale of property of the Prijedor-
based paper factory ``Celpak.'' Dodos reported the threat to Prijedor 
police, who provided her protection and opened an investigation, which 
was ongoing at year's end.
    On November 18, the head of the Islamic community of BiH, Reis 
Mustafa Ceric, publicly accused the editor-in-chief of independent 
daily Oslobodjenje, Vildana Selimbegovic, of ``Islamophobia'' and anti-
Islamic behavior. Ceric further stated that media criticisms and 
``efforts to behead'' the leadership of the Islamic community ``are 
nothing but a continuation of a genocidal policy, the aim of which is 
to wipe BiH Muslims off the face of the earth.'' The accusations came 
as part of the reaction by Ceric to an Oslobodjenje interview and op-ed 
that touched on projects undertaken by the Rijaset of the Islamic 
community of BiH, which criticized Ceric by name. The Islamic community 
issued a press release highly critical of Oslobodjenje, alleging anti-
Islamic bias and psychological instability of the editor. The press 
release provoked very strong reactions from the Association of Bosnia 
and Herzegovina Journalists and was widely seen as an attempt by Ceric 
to exert pressure against any members of the media critical of his 
administration.
    On December 4, two hand grenades were thrown at the Hayat 
television station building in Sarajevo. The BiH Association of 
Electronic Media expressed concern regarding the attack on a media 
outlet. The attack was condemned by the Sarajevo Canton Government, BiH 
Communications Regulatory Agency, as well as many BiH politicians. 
Results of the Sarajevo Canton Ministry of the Interior investigation 
were pending at year's end.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
International Telecommunications Union estimates that 27 percent of the 
population used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events; however, ethnic 
favoritism and politicization of faculty appointments constrained 
academic freedom. In Sarajevo, Serbs and Croats complained that 
Bosniaks received preferential 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 two separate universities, 
reflecting the continued ethnic divide in the city. Parochial interests 
influence the remaining five universities in Bosniak-majority areas.

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

    Freedom of Association.--The law provides for freedom of 
association, and the Government, with certain exceptions, generally 
respected this right in practice. A wide range of social, cultural, and 
political organizations functioned without interference.
    The law allows NGOs to register freely at the Ministry of Civil 
Affairs and Communications and therefore to operate anywhere in the 
country; however, some NGOs and NGO associations experienced 
difficulties registering, including long delays and inconsistent 
application of the law. Some NGOs, frustrated by bureaucratic delays at 
the state level, chose instead to register their organizations at the 
entity level in one or both entities. In April the Council of Ministers 
signed a formal agreement on cooperation with NGOs that defined joint 
principles and commitments of the Council of Ministers and the 
nongovernmental sector. The agreement outlined the independence of the 
nongovernmental sector, its financing, responsibilities, and means for 
mutual consultation. The agreement also foresaw the creation of a 
Council for Civil Society to oversee implementation of the agreement, 
promote consistency within the Council of Ministers department for 
NGOs, and facilitate communication between the Council of Ministers and 
the nongovernmental sector.
    On February 23, Dragomir Babic, a human rights activist in the RS, 
sent an anonymous letter to the OHR detailing plans for a campaign by 
RS officials against Transparency International (TI). Babic came 
forward as the letter's author following the temporary closure in July 
of TI's Banja Luka office, and subsequently received anonymous death 
threats. On May 22, TI published a report accusing RS government 
officials of corruption in the handling of entity-level privatizations, 
which according to TI resulted in a loss of 500 million convertible 
marks (approximately $385 million dollars) for the entity budget. 
Following the report, Prime Minister Dodik began a media campaign 
against TI, and threatened to file suit against TI in State Court, but 
had not done so by year's end.
    On July 23, an individual threatened Branko Todorovic, the 
president of the RS HCHR and a prominent human rights defender, and his 
family by telephone. The threat was one of several that Todorovic 
reportedly received during the year. Police opened an investigation and 
provided protection to Todorovic and his family.

    c. Freedom of Religion.--The law provides for freedom of religion; 
however, societal abuses and discrimination based on religious belief 
restricted the ability of adherents of minority religions to worship as 
they pleased.
    In some cases, entity and local governments and police forces 
allowed or encouraged an atmosphere in which abuses of religious 
freedom could take place. As in 2007 minor attacks on religious objects 
and religious officials occurred frequently, but a systematic 
obstruction of religious freedom in several high-profile cases 
remained. The reluctance of police and prosecutors to investigate and 
prosecute crimes against religious minorities aggressively remained a 
major obstacle to safeguarding the rights of religious minorities.
    The law requires religious communities to register with the 
Ministry of Justice; any religious group can register if it has at 
least 300 adult members who are citizens. Local congregations of the 
four major religious communities (Muslim, Serbian Orthodox, Jewish, and 
Catholic) registered, as did congregations of several smaller Christian 
denominations, including Baptist, evangelical Christian, and Jehovah's 
Witnesses, although some Baptist communities encountered problems with 
registration.
    The State Law on Religious Freedom guarantees the right of every 
citizen to religious education. The law calls for an official 
representative of the various religious communities to teach religious 
studies in all public and private schools. However, authorities did not 
always fully implement the law, particularly in segregated school 
systems or where there was political resistance from nationalist party 
officials at the municipal level. Schools often offered religious 
instruction only in the municipality's majority religion. Authorities 
sometimes pressured parents to consent to religious instruction for 
their children. In some cases, peers and teachers pressured and 
discriminated against children who chose not to attend religion 
classes.
    Some minority religious communities alleged discriminatory hiring 
practices for teachers of religion, with teachers from a religious 
majority in a given municipality getting salaried positions with 
benefits, while other religious teachers were paid a lower amount on an 
hourly basis only.

    Societal Abuses and Discrimination.--Individuals reported 
ethnically motivated religious violence in many municipalities. 
Perpetrators directed violence at ethnic symbols, clerics, and 
religious buildings. Civil society representatives noted that political 
leaders tended to condemn these incidents only in cases where members 
of their own ethnic group were victims.
    On March 30, according to press reports, unknown individuals wrote 
offensive anti-Muslim graffiti on Mostar's Bulevar buildings. The next 
day, citizens reported similar graffiti on Bosniak houses in the nearby 
returnees settlement of Podhum, and that unknown individuals drowned a 
pig in a local mosque. The Herzegovina-Neretva Canton's Ministry of 
Interior spokesman said they notified the police about the graffiti.
    On June 23, unidentified persons reportedly wrote graffiti 
including the name of former Serb force commander and accused war 
criminal Ratko Mladic on the Salihbegoviceva Mosque in Bijeljina, which 
was under construction.
    On August 21, two Serb Orthodox priests from Sase, near Srebrenica, 
told RS press that Bosniak returnees attacked them. Father Metodije and 
Father Grigorije stated that the attackers cursed them and blamed them 
for deaths of Bosniaks. The priests reported the attack to Srebrenica 
police.
    On September 7, unknown persons seriously damaged the Sefer Bey 
Mosque in Banja Luka. Local press reported broken windows and damage to 
the wall of the mosque. Authorities suspected that the same persons 
tore down the fence surrounding the Arnaudija Mosque. An investigation 
into the incident was ongoing at year's end.
    On December 7, the eve of the Islamic Holiday Eid al-Adha (or 
Kurban Bayram), fire destroyed a mosque in the village of Fazlagica 
Kula, in Gacko municipality. RS police based in Trebinje conducted an 
investigation, which concluded that the fire was caused by improper 
electrical wiring wrapped around wooden rafters. Separately, the 
country's Islamic Community conducted its own investigation, claiming 
arson was the cause of the blaze. Other experts noted that the Islamic 
community's investigator did not examine key pieces of forensic 
evidence (including the suspect wiring), and questioned the conclusion 
of arson. Both Serb and Bosniak politicians expressed regret regarding 
the fire, and the RS government promised to provide funding for the 
mosque's renovation. The investigation remained open at year's end.
    There were a number of controversial and highly politicized cases 
involving the illegal construction of religious buildings or monuments 
on private or government owned land. In these cases the buildings or 
monuments were built to send a political message to religious 
minorities about the dominance of the majority group in that area, 
creating tensions and impeding the process of reconciliation.
    There were no reports of anti-Semitic acts against the country's 
Jewish community, which is estimated to be less than 1,000 people.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration and 
repatriation, and the Government generally respected these rights; 
however, some limits remained in practice. The Government cooperated 
with the Office of the UN High Commissioner for Refugees (UNHCR) and 
other humanitarian organizations in providing protection and assistance 
to internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--The return of persons 
displaced by the 1991-95 wars remained stagnant during the year, 
continuing a steady decrease in annual returns. According to the UNHCR, 
1,681 persons (of whom 1,564 were minority returnees) returned during 
the year. Government officials and some NGOs, however, believed that 
the total number of returns was lower, since the UNHCR determines 
returns based on property restitution rather than physical presence. 
According to the Ministry of Human Rights and Refugees, there were an 
estimated 124,593 registered displaced persons in the country still 
seeking return to their pre-war places of residence.
    The difficult economic situation in the country remained the most 
significant factor inhibiting returns, with many rural areas 
experiencing official unemployment rates above 40 percent. When jobs 
were available, minority returnees often complained of discrimination 
in hiring. In returnee areas throughout the country, the percentage of 
minorities holding municipal employment was neither representative of 
current populations, nor consistent with legally mandated percentages 
based on the 1991 census, indicating local government failures to 
implement and enforce the provisions of the Law on Self Administration.
    A hostile return environment remained in some places. During the 
year observers noted a trend of attacks directed against symbols of 
minority groups, rather than attacks against individuals. Many 
returnees cited authorities' failure to apprehend war criminals as a 
disincentive to return. Many displaced persons created permanent lives 
away from their prewar homes, and only individuals with few other 
options (including a large number of elderly pensioners) tended to 
return.
    Other factors inhibiting returns included a lack of access to 
social benefits, including healthcare, education, and pension benefits. 
A lack of available housing and high municipal administration taxes on 
documents that were necessary for return, such as birth or land 
certificates, also affected the number of returns. Minority returnees 
often faced intimidation, discrimination, obstructionism in their 
access to education, health care, and pension benefits, and poor 
infrastructure.
    In the RS, the Ministry for Refugees and Displaced Persons 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 and 
Croats returning to the RS. Both entity-level refugee ministries 
provided limited reconstruction assistance to returnees and also 
committed part of their budgets toward joint projects that the State 
Commission for Refugees determined.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    During the year, the Government did not grant temporary protection 
to any persons considered not to qualify as refugees under the 1951 
convention and the 1967 protocol.
    Asylum seekers with pending claims, regardless of national origin, 
may remain in asylum centers until their claims are adjudicated, which 
is normally three months, though in some cases longer. If the decision 
is negative, the asylum seekers have the right to file a complaint, on 
which the court is required to render a final decision within two 
months. During this time an asylum seeker maintains the right to remain 
in the asylum center. Asylum seekers present in the country have the 
right to education and legal redress for human rights complaints. 
However, they do not have the right to employment. If their asylum 
application is approved, they then are eligible for employment.
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.

    Elections and Political Participation.--OSCE observers concluded 
that the 2006 general elections had been conducted largely in line with 
international standards but noted problems, including the inability of 
numerous voters to find their names on voter registers, authorities 
directing voters to incorrect polling stations because of changes in 
the registration process, group voting, irregularities in the counting 
process, and a few cases of voter intimidation. International observers 
also declared that the 2006 RS special elections to replace RS 
President Milan Jelic, who died in office, were free and fair.
    Authorities conducted the October 5 municipal elections in an 
orderly manner with local election commissions or independent observers 
reporting only minor irregularities at polling stations to the state-
level Central Election Commission. Turnout was generally lower in 
larger cities and higher in a few hotly contested rural areas.
    On September 29, RS special police units in Doboj arrested the 
Director of the Center for Social Welfare and 16 SDS activists on 
suspicion of buying votes ahead of the October 5 elections. The group 
was released pending trial. The case is currently before the Basic 
Court in Doboj.
    Political parties generally operated without restriction or outside 
influence. While political parties did not compel individuals to become 
members, many viewed membership in the leading party of any given area 
as the surest way of obtaining and retaining jobs in government owned 
companies and especially positions on steering boards of profitable, 
public companies including the electric, telecom, and media industries. 
Nevertheless, the ruling party did not exclude opposition parties from 
participation in political life. Membership in large, well-funded 
parties conferred formal advantages, as party members often excluded 
nonparty members from appointment to many key government positions.
    Individuals and parties representing a wide spectrum of political 
views could freely declare their candidacies and run for election. 
Under a 2000 ruling by the country's Constitutional Court, constituent 
people (Serbs, Croats, and Bosniaks) and ``others'' must be adequately 
represented in entity, cantonal, and municipal government institutions. 
This representation was to be based on the 1991 census until the 
returns process (as described in Annex Seven of the Dayton Accords) is 
completed. However, this decision has not been respected in practice. 
Separate from the three constituent peoples, there were 16 recognized 
national minority groups.
    Nationalist rhetoric dominated political exchanges. Bosniak 
nationalist politicians called for the abolition of the RS and the 
removal of Srebrenica from the RS. Serb politicians threatened to call 
a referendum in the RS to secede from the state, and regularly made 
statements, often deliberately inaccurate, designed to delegitimize and 
undermine the state. Croat politicians called for the establishment of 
a third majority-Croat entity.
    The election law requires that at least 30 percent of political 
party candidates be women. At year's end seven of 57 members of the 
Parliamentary Assembly were women. There were no women in the nine-
member Council of Ministers, although there were two female deputy 
ministers. At the entity-level, women held three of 22 leadership 
positions in the Federation and two of 22 leadership positions in the 
RS.
    Minorities remained severely underrepresented in government. There 
were no members of a minority group in the Parliamentary Assembly and 
one minority member in the Council of Ministers. Representatives of the 
Jewish and Romani communities filed lawsuits before the ECHR because of 
a provision in the constitution that precludes ``others'' (i.e. those 
outside the three ethnic constituencies) from becoming president. A 
Bosniak from Srebrenica also filed a lawsuit at the ECHR because the RS 
constitution precludes non-Serbs from running for RS president.

    Government Corruption and Transparency.--The law provides for 
criminal penalties for official corruption, however, the Government did 
not implement the law effectively, and officials frequently engaged in 
corrupt actions with impunity. There is no government agency with a 
mandate to combat government corruption.
    While the law prohibits citizens from holding positions of public 
responsibility if they have pending criminal indictments against them, 
this prohibition was not always observed in practice.
    On June 3, the appellate division of the State Court returned the 
retrial of Dragan Covic to a cantonal court for processing. The State 
Court convicted Covic in 2006 of one count of abuse of office and 
sentenced him to five years in prison in connection with a bribery case 
involving former president Mato Tadic.
    In June, the State Court found Mladen Ivanic, president of the 
Party for Democratic Progress and a House of Peoples delegate, guilty 
of misuse of public funds when he was RS prime minister from 2000-02. 
The court sentenced him to 18 months in prison. An appeal was pending 
at year's end.
    During the year corruption watchdog TI maintained its allegation 
that Prime Minister Dodik misappropriated public funds and pocketed 
revenue from the privatization of several formerly state-owned 
enterprises. Dodik claimed in press interviews that TI was engaging in 
blackmail and racketeering. TI charged that Dodik's allegations were 
attempts at retaliation and complained that state-level judicial 
institutions failed to investigate the case against Dodik.
    Candidates for certain public offices, including parliamentarians 
at the state and entity levels, and members of the Council of Ministers 
and entity governments, are subject to financial disclosure laws. The 
Central Election Commission is responsible for ensuring compliance with 
these laws.
    Although the law provides for citizen access to government records, 
many government agencies did not comply with the law. According to the 
law, the Government must provide an explanation for any denial of 
access, and citizens may appeal denials in the court system or to the 
ombudsman's offices. In practice the Government sometimes failed to 
provide the required explanation for denial of access; however, if 
citizens appealed to the ombudsman, the courts, or legal aid, the 
Government generally provided an explanation. Public awareness of the 
law remained low.
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 
and NGOs generally operated without government restriction, 
investigating and publishing their findings on human rights cases. For 
example, the BiH HCHR and the RS HCHR continued to actively report on a 
wide range of human rights abuses. However, government officials were 
often inefficient and slow to respond to their recommendations.
    The Government cooperated fully with international organizations 
such as OHR, which has special powers over the Government, as well as 
other international organizations, such as the ICRC and the OSCE.
    Citizens' remedies for human rights violations included filing 
civil suits or seeking assistance from the Office of the Ombudsman. 
However, the ombudsman's recommendations were not binding. The law 
establishes a single state-level ombudsman institution composed of 
three members representing the country's three constituent groups. 
Political appointments to the new ombudsman institution were confirmed 
on December 4, having been significantly delayed by political 
maneuvering.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or other social status; however, the Government did not 
enforce the law effectively. Discrimination against minorities, women, 
sexual minorities, persons with disabilities, and others was pervasive.

    Women.--Rape and spousal rape are illegal; the maximum penalty for 
either crime is 15 years' imprisonment. A sense of shame reportedly 
prevented some rape victims from complaining to authorities. While 
police generally responded to reports of sexual assault, they tended 
not to treat reports of spousal rape with the same seriousness.
    Violence against women, including domestic violence and sexual 
assault, remained a widespread and underreported problem. According to 
general NGO estimates, one out of every three Bosnian women was a 
victim of domestic violence. Both the Federation and RS have adopted 
laws on domestic violence that require police to remove the offender 
from the family home. Experts estimated that only one in 10 victims of 
domestic violence reported the crime to police. As of October, the RS 
domestic violence hotline received 668 reports of domestic violence.
    Police received specialized training in handling cases of domestic 
violence, and there were four hotlines operating in the Federation and 
the RS that provided assistance and counseling to domestic violence 
victims. There were shelters in Mostar, Tuzla, Banja Luka, Sarajevo, 
Bihac, Zenica, and Modrica to assist victims of domestic violence.
    Prostitution is illegal. The law treats procuring as a major crime, 
but prostitution and solicitation are misdemeanors punishable by a fine 
only. Police raids on bars and brothels drove prostitution further 
underground, and prostitution frequently occurred in private apartments 
or on an outcall basis. Single mothers, minorities, or other vulnerable 
women, particularly from economically depressed rural areas, were at 
higher risk of being recruited for sexual exploitation.
    The law prohibits sexual harassment, but it was a serious problem 
that was poorly understood by the general population. Many women 
surveyed by NGOs reported experiencing sexual harassment in their 
workplaces. Pornography in the workplace was common. Victims almost 
never filed complaints, largely because they did not recognize their 
experiences as harassment and were not aware of their legal rights.
    The law prohibits gender-based discrimination. Women have equal 
legal status to men in family law and property law, and authorities 
treated women equally in practice throughout the judicial system. The 
Government's Agency for Gender Equality worked to inform women of their 
legal rights. The Federation, RS, and state-level parliaments had 
committees for gender equality.
    Women served as judges, doctors, and professors, although few women 
held positions of substantial economic or political power. Authorities 
documented a small but increasing number of gender-related 
discrimination cases. Anecdotal accounts indicated that women and men 
generally received equal pay for equal work at government owned 
enterprises but not always at private businesses. The differential in 
unemloyment rates within the Federation (the only available data) was 
23.1 percent for men and 28.3 percent for women. Women in all parts of 
the country had problems with 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 and physical appearance, for female applicants. Women remained 
underrepresented in law enforcement agencies, although there was 
continued progress.

    Children.--The Governments of both entities were generally 
committed to the rights and welfare of children; however, social 
services for children were extremely limited. The Ministry of Human 
Rights and Refugees had a role in enforcing children's rights. Children 
with disabilities lacked sufficient medical care and educational 
opportunities.
    According to some estimates, the Government failed to register the 
births of approximately 6,000 children in the country, most of whom 
were believed to be Roma. This results in significant obstacles for 
these children to access government services, in particular social, 
educational, and health benefits.
    While education is free and compulsory through age 15, schools 
required parents to pay for textbooks, lunches, and transportation, 
which some families could not afford, causing some children to drop out 
of school. A lack of reliable monitoring and statistics on enrollment 
and dropout rates hindered efforts to ensure that school-age children 
received an education. The law requires children with special needs to 
attend regular classes, but schools were often unable to accommodate 
them.
    According to the country's Roma Council, less than 35 percent of 
Romani children attended school regularly. Many Romani children were 
unable to attend school because of extremely poor living conditions, 
lack of proper clothing, and the inability or unwillingness of families 
to pay school-related expenses. Authorities provided textbooks, meal 
allowances, and transportation allowances for Romani children. Verbal 
harassment from other students, language problems, and registration 
costs and requirements also contributed to the exclusion of Roma from 
schools, despite the desire of many parents to enroll their children. 
Authorities failed to provide textbooks that included topics related to 
Romani culture and history.
    Students in minority areas frequently faced a hostile environment. 
Obstruction by nationalist politicians and government officials slowed 
efforts to abolish school segregation and enact other reforms. 
Federation cantonal governments and the Ministry of Education in the RS 
pressured school directors at the primary and secondary level, and 
several schools were directed by hard-line political figures.
    Laws which provided for administrative 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 extracurricular activities, school entrances and 
recreation facilities sometimes resulted. In some areas of the country, 
notably Vitez in central Bosnia and Prozor-Rama and Stolac in 
Herzegovina, local officials and parents sought to establish complete 
physical segregation of Bosniak and Croat students. Many schools 
effectively entrenched segregation and discrimination. In the RS, non-
Serbs made up less than 5 percent of the teaching staff in primary and 
secondary schools. In the Federation, minority teachers made up between 
5 and 8 percent of all teachers, depending on the canton. Children in 
primary and secondary schools studied from what some NGOs described as 
``divergent, ethnically-specific curricula,'' including ethnically 
homogenous classes and books on geography and history that offered 
alternate explanations of ethnicity, religion, and national borders.
    In the Stolac secondary school, the director refused to sign 160 
diplomas for Bosniak graduates of the school, claiming the Bosniak 
section of the school was not administratively part of the school, 
despite his having signed several previous years' diplomas for 
Bosniaks. This action hindered the onward enrollment of the Bosniak 
students and required intervention at the highest political levels in 
the country to resolve.
    Family violence against children was a problem. Police investigated 
and prosecuted individual cases of child abuse. While there were no 
statistics available on the extent of the problem, some NGOs estimated 
that one in four families experienced some form of domestic violence. 
Municipal centers for social work were responsible for protecting 
children's rights, but often lacked resources and alternative housing 
for children who ran away from home to escape abuse or those children 
whom they needed to remove from abusive homes.
    Trafficking in children for sexual exploitation and sometimes 
begging was a problem. Child begging was common among Romani 
communities; including infants (with adults), and cases in which Romani 
parents sent children as young as four out to beg on street corners, 
often begging 10 or more hours per day in all weather conditions.
    In certain Romani communities, girls married between the ages of 12 
and 14. Apart from efforts to increase Romani participation in 
education, there were no programs aimed specifically at reducing the 
incidence of child marriage.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, individuals and organized crime syndicates 
trafficked women and children for sexual exploitation, and sometimes 
children and adults, particularly from the Romani community, for 
begging and labor. There were reports that public officials were 
involved in trafficking.
    The country was primarily a country of origin for women and girls 
trafficked domestically for sexual exploitation, and, to a lesser 
extent, a destination and transit point for foreign trafficking. More 
than half of all documented trafficking victims were minors. 
Authorities observed a continuing trend of victims primarily being 
trafficked domestically during the year, far surpassing the number of 
foreign victims. During the year there were cases of Romani children 
trafficked to and within the country for forced labor or begging.
    During the year trafficking modalities continued to change. Due to 
effective legal mechanisms and vigorous actions to combat trafficking, 
the number of identified victims continued to decline, according to NGO 
and state-level contacts. Trafficking remained underground, often in 
private apartments, motels, and gas stations. There were no reliable 
estimates on the number of victims trafficked during the year; police 
raids forced trafficking further underground, increasing the difficulty 
of estimating the scope of the problem. During the year the Office of 
the State Anti-trafficking Coordinator registered 29 new trafficking 
victims through its referral mechanism.
    The majority of women trafficked to the country came from Serbia or 
other East European countries. While no reliable estimates were 
available, individuals and organized crime syndicates may have 
trafficked a number on to Western Europe. Most trafficked women entered 
the country through Serbia or Montenegro. Those who transited the 
country generally continued on via Croatia. Authorities also found 
Bosnian victims in other parts of Europe. During the year four 
trafficking victims were repatriated to the country through 
international referral mechanisms. Traffickers came from a variety of 
backgrounds, including freelance operators and local organized crime 
networks.
    Traffickers coerced victims to remain in these situations through 
intimidation, verbal threats, seizure of passports, withholding of food 
and medical care, and physical and sexual assault.
    Under the law trafficking is a state-level crime that carries a 
sentence of up to 10 years in prison. During the year, four cases 
involving trafficking offenses were prosecuted at the state level, and 
a number at the entity and cantonal level. The Ministry of Security is 
responsible for coordinating anti-trafficking law enforcement at all 
levels of government, but it was understaffed and lacked the capacity 
to comprehensively manage anti-trafficking activities.
    The state prosecutor's office has exclusive jurisdiction over 
trafficking cases and can decide which cases to prosecute at the state 
level. The state anti-trafficking coordinator, whose mandate included 
coordination of victim protection efforts among NGOs, police, and 
government institutions, as well as law enforcement, reported directly 
to the Ministry of Security. The chief state prosecutor chaired a 
nationwide interagency investigative anti-trafficking strike force that 
included prosecutors, police, and financial investigators.
    If screening established that a person was a trafficking victim, 
authorities did not prosecute that person for immigration or 
prostitution violations. In most cases, authorities voluntarily 
repatriated foreign victims. Authorities often deported and 
occasionally prosecuted for immigration and other violations persons 
that law enforcement determined were not trafficking victims.
    There continued to be reports of police and other official 
involvement in trafficking, particularly at the local level. Victims' 
groups alleged that, because of strong local networks, local police 
often willfully ignored or actively protected consumers or perpetrators 
of trafficking activity, often accepting bribes in return. To date 
there have been only a few documented cases of official involvement in 
trafficking, and no official indictments have been made.
    On May 28, the Center for Public Security in Banja Luka arrested 
five persons in Banja Luka, Srbac, and Laktasi for trafficking, 
prostitution, and sexual violence of a juvenile female. The police 
turned the individuals over to the district prosecutor's office in 
Banja Luka. The main defendant was charged with the criminal act of 
human trafficking, while the remaining four were charged with sexual 
abuse of a minor. A Banja Luka court issued a first instance verdict to 
the main defendant, sentencing him to 18 months of imprisonment; the 
second defendant received 12 months, the third and fourth received six 
months, and the fifth defendant received three months of imprisonment.
    In an unrelated case, on June 12, the Banja Luka Center for Public 
Security arrested four persons for trafficking for prostitution and 
sexual abuse of a minor. The main defendant in this case is charged 
with the criminal act of human trafficking, while three remaining 
defendants were charged for sexual abuse of a minor. The trial was 
ongoing at year's end.
    The trial of the nine individuals that authorities arrested in 
December 2007 for trafficking three juvenile girls in the RS 
municipality of Derventa was ongoing at year's end.
    During the year authorities distributed an antitrafficking manual 
to teachers for use in the curriculum of all the country's schools. 
Authorities also continued their efforts to assist victims by working 
with local NGOs to support shelters and other services and by 
conducting extensive training for police, prosecutors, judges, 
teachers, and social workers.
    The country has a set of rules that provide a binding standard of 
protection for domestic trafficking victims and standard operating 
procedures for the prevention, identification, protection, and 
assistance of victims and witnesses who are citizens. In practice, 
variation in laws related to trafficking victims at different levels of 
government often caused complications and lack of clarity in the 
implementation of these rules.
    The Government has a formal victim referral mechanism and memoranda 
of understanding with six NGOs that ran shelters for trafficking 
victims. NGOs operated safe houses in Sarajevo, Zenica, Mostar, Doboj, 
Modrica, Bihac, and Bijeljina. At the shelters, victims received 
medical care, psychological counseling, legal assistance, repatriation 
assistance, and limited vocational training. Police effectively 
provided protection for the shelters.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 other state services.
    In the Federation, the law mandates that all existing public 
buildings be retrofitted to provide access to persons with disabilities 
by November 2007 and that new buildings must also be accessible. This 
deadline passed without full implementation, and buildings were rarely 
accessible to persons with disabilities. The RS had comparable laws for 
public access, and progress on retrofitting older public buildings 
remained slow.
    There was clear discrimination between different categories of 
persons with disabilities, although the vast majority of such persons 
were unemployed. Persons with disabilities resulting from service 
during the 1991-95 wars were given a privileged status above civilian 
war victims and persons who were born with disabilities. Many 
individuals with disabilities lived in institutions, although a growing 
number of programs for children with disabilities were available in 
schools. One NGO estimated that 30 percent of persons with disabilities 
residing in institutions were capable of independent living if housing 
and resources were available.

    National/Racial/Ethnic Minorities.--Ethnic differences remained a 
powerful force in the country, although mixed communities existed 
peacefully in a number of areas.
    Attacks on ethnic and religious objects continued during the year. 
Police conducted investigations and sometimes charged perpetrators of 
ethnically motivated hate crimes, but often blamed the attacks on 
radicals, intoxicated or mentally unstable individuals, or rowdy youth 
without additional investigation. Harassment and discrimination against 
minorities continued throughout the country, often centering on 
property disputes. These problems most often included desecration of 
graves, graffiti, arson, damage to houses of worship, verbal 
harassment, dismissal from work, threats, and assaults.
    Ethnic discrimination in employment and education remained key 
problems. Employers did not reverse widespread firing of ethnic 
minorities during and after the war in most cases, and employers often 
hired members of the local ethnic majority over minorities. Widespread 
ethnic discrimination in employment and failure on the part of state-
level and entity-level officials to prevent such discrimination 
continued. Many smaller enterprises were sold to politically connected 
individuals, usually members of the majority group in their 
communities. These enterprises generally did not employ minorities.
    The Roma population, estimated at 40,000 to 80,000, faced serious 
difficulties in exercising the full range of fundamental human rights 
provided to them under the law. Access to employment, education, and 
government services were particular problems. The BiH HCHR estimated 
that only 1 percent of the working-age Romani population was employed 
and indicated that employers usually downsized Roma first during a 
reduction in force. Mainstream society often excluded many Roma from 
public life because they lacked birth certificates, identification 
cards, or a registered residence, which also prevented them from access 
to health care, education or registering to vote. Only a small number 
of adult Roma were officially employed, and Roma lacked social support.
    On September 4, the country signed the ``Decade of Roma Inclusion 
2005-2015,'' a regional program meant to generate funding from both the 
European Union and the national government for the improvement of 
Romani education, employment, health, and housing. The Government 
previously adopted and enacted action plans for participation in the 
``decade'' through 2007-08.

    Other Societal Abuses and Discrimination.--While the law prohibits 
discrimination on the basis of sexual orientation, it was not enforced 
in practice, and there was frequent societal discrimination against 
gay, lesbian, bisexual, and transgender persons.
    Gays and lesbians who were open about their orientation faced 
frequent harassment and discrimination, including termination from 
employment. In some cases, dismissal letters explicitly stated that 
sexual orientation was the cause of termination, making it extremely 
difficult for them to find another job.
    On September 24-26, the Q Association organized the first ``Queer 
Sarajevo Festival'' in Bosnia and Herzegovina. Announcement of the 
festival met with harsh, often discriminatory commentary by Islamic 
community leaders and some political party leaders. The NGO received 
numerous threats; press coverage was generally negative and, in some 
cases, discriminatory. Some organizations and businesses withdrew their 
support of the festival, reportedly due to intimidation by religious 
groups. On September 24, the night of the festival's opening, a group 
of approximately 50 young men marched past the opening, chanting 
obscenities and threats against festival participants. Immediately 
following the opening of the festival, a group of several dozen youths 
attacked and injured at least eight persons, including two journalists 
and one police officer.
    Government statistics put the number of officially-registered cases 
of HIV/AIDS in the country at less than 200. The NGO XY-Association for 
Sexual and Reproductive Health estimated that the actual number of 
cases was approximately 600, while the UN Program on HIV/AIDS estimated 
the number at less than 1,000. There was a significant stigma against 
persons with HIV/AIDS, a general lack of awareness of HIV/AIDS, and 
extremely limited resources to identify and assist those affected.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers in both 
entities (except members of the military) to form and join independent 
unions of their choice, which are registered in that entity, without 
previous authorization or excessive requirements, and workers did so in 
practice. The state-level government has yet to finalize the 
registration of the Confederation of Independent Trade Unions of Bosnia 
and Herzegovina, an umbrella organization of entity-level unions at the 
state level. The problem, which has been ongoing since 2001, lies both 
with the ineffective state-level government NGO registration system and 
with the Federation branch of the Confederation Union, which has 
demanded retroactive registration to recognize its 100-year history, 
something no other union has received (or requested) when filing for 
registration.
    The law provides for the right to conduct union activities without 
interference; however, authorities did not impose sanctions against 
employers who obstructed worker organizing and activity. In the 
prevailing atmosphere of high unemployment, many believed that worker 
rights violations were considered a lower priority for ministry 
inspectors, as state officials instead focused on bolstering state 
revenues by cracking down on unregistered employees and employers that 
did not pay taxes. Some unions reported that employers threatened 
employees of private companies with dismissal if they joined a union. 
There was at least one report of a dismissal of a trade union leader 
following privatization of his employer.
    The law provides for the right to strike, and workers exercised 
this right in practice. The Law on Strikes, separate from the Labor 
Law, establishes the regulations related to the right to strike, in 
both entities. In the Federation, the current Law on Strikes is fairly 
restrictive, with burdensome requirements the workers must fulfill in 
order to conduct a strike. The new RS Law on Strikes, adopted November 
5 by the RS Parliament, eliminates some bureaucratic hurdles necessary 
to carry out a strike.

    b. The Right to Organize and Bargain Collectively.--The right to 
bargain collectively is provided by law in the RS and in a general 
collective agreement in the Federation. However, collective bargaining 
in both entities did not involve voluntary direct negotiation between a 
union and individual employers, but rather 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 applied 
to all workers and was negotiated between unions, the Government, and 
employers. This general agreement applied to private companies, 
regardless of whether their workers were union members, and generally 
covered issues of work hours, social contributions and the minimum 
wage.
    In the Federation, the law stipulates that if the court finds that 
the employer's cancellation of the employment contract is unlawful, the 
court can order reinstatement of the employee. Since union activity 
discrimination is unlawful, this would result in reinstatement of the 
employee.
    The law prohibits discrimination by employers against union members 
and organizers; however, means of protection against retaliation for 
union activity were not strong and discrimination continued. In 
practice, the Government does not impose fines on employers who prevent 
workers from unionizing, a practice that was becoming more prevalent as 
private sector businesses replace ex-Yugoslav state owned enterprises 
that had a traditional union culture. Barriers to employees bringing 
complaints against employers included high unemployment, a backlogged 
court system, and the large number of unregistered workers in the gray 
economy.
    There are no special laws or exemptions from regular labor laws in 
the country's four 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 individuals and organized crime syndicates trafficked 
women and children for commercial sexual exploitation and sometimes for 
begging and labor. Victims reported working in conditions akin to 
slavery, with little or no financial support. In some cases, 
traffickers provided victims with some funds, despite the otherwise-
coercive environment victims found themselves in.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Entity-level labor laws restrict child labor, and the entity 
governments implemented these laws in practice. The minimum age for 
employment of children in the Federation and in the RS is 15 years; 
minors between the ages of 15 to 18 must provide a valid health 
certificate in order to work. The law prohibits children from 
performing hazardous labor. In the Federation, minors are prohibited 
from ``night work,'' except in exceptional circumstances. Although 
child labor was not generally a problem, children sometimes assisted 
their families with farm work and odd jobs.
    Trafficking in children for sexual exploitation and sometimes for 
labor and begging was a problem.
    Entity governments are responsible for enforcing child labor laws. 
Neither entity had inspectors dedicated solely to child labor 
inspections. Authorities investigated violations of child labor laws as 
part of a general labor inspection. Both entities' labor inspectorates 
reported that they had not found significant violations of child labor 
laws in the workplace, although they did not conduct reviews of 
children working on family farms.

    e. Acceptable Conditions of Work.--The hourly minimum wage in the 
Federation was 1.75 convertible marks (approximately $1.10) and in the 
RS the monthly minimum wage was 250 convertible marks ($165); however, 
neither provided a decent standard of living for a worker and family. 
In early December the RS National Assembly approved an increase of the 
minimum wage to 320 convertible marks ($212) effective January 1, 2009, 
although this still does not provide an adequate standard of living for 
a family. In the Federation, the minimum wage was established by a 
joint commission that included representation of employers, workers, 
and the Federation government. The commission meets annually to 
determine the minimum wage, and increased the wage by 12 percent in 
September.
    Many workers had outstanding claims for back payment of salaries 
and pensions. The law requires employers in both entities to make 
substantial mandatory contributions to pension and health care funds; 
as a result, to avoid paying high social welfare benefits, employers 
often did not officially register their employees, leaving employees 
without access to public health care and unable to officially transfer 
to another employer. The employer obligation to the Government for 
large social contributions led to an increase in black market 
employment, as employers preferred employees that were ``off the 
books'' to official salaried employees.
    Many employers were behind, sometimes for years, in paying salaries 
or providing health and pension benefits to employees of public works 
and institutions.
    The legal workweek in both entities is 40 hours; however, seasonal 
workers may work up to 60 hours per week. The law limits overtime to 10 
hours per week in both entities; the Federation has no provision for 
premium pay, while the RS requires a 30 percent premium. An employee in 
the RS may volunteer for an additional 10 hours in exceptional 
circumstances. Federation and RS laws require a minimum rest period of 
30 minutes during the workday.
    Authorities did not adequately enforce regulations related to 
acceptable work conditions. While entity labor inspectorates made some 
effort to enforce registration of employees, they limited most 
inspections to conditions affecting the officially registered 
workforce. Since the courts only served as recourse for complaints 
involving registered workers, the RS labor inspectorate had to submit 
fines and penalties for court approval; because of court backlogs, this 
system was not effective, and many workers for practical purposes 
worked without protections. The RS Law on Health and Safety holds 
employers responsible for analyzing and improving working conditions.
    The law provides workers the right to remove themselves from 
situations that endanger their health or safety without jeopardy to 
their employment; however, this right was not effectively enforced in 
practice. Worker's rights extended to all official, i.e. registered, 
workers, including migrant and temporary workers. According to informal 
estimates, approximately one-quarter of the total work force is 
unregistered.

                               __________

                                BULGARIA

    The Republic of Bulgaria is a parliamentary democracy with a 
population of approximately 7.6 million. Legislative authority is 
vested in the unicameral National Assembly (Narodno Sabranie). The 
country is ruled by a coalition government headed by a prime minister. 
Presidential elections held in 2006 were deemed generally free and 
fair. Municipal elections held in October 2007 were marred by reports 
of unprecedented vote buying. While civilian authorities generally 
maintained effective control of law enforcement organizations, there 
were some instances in which law enforcement officers acted 
independently.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Problems 
included police abuse, including beatings and other mistreatment of 
pretrial detainees, prison inmates, and members of minorities; harsh 
conditions in prisons and detention facilities; arbitrary arrest and 
detention; and impunity. There were increasing limitations on freedom 
of the press; discrimination against nontraditional religious 
minorities; and widespread corruption in the executive, legislative, 
and judicial branches of government. Other problems included violence 
against women and children, substandard education for Romani children; 
harsh conditions in state-run institutions for children; trafficking in 
persons; discrimination against persons with disabilities; and 
discrimination against minority groups.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings.
    On October 2, following two appeals of earlier decisions, the Sofia 
military court sentenced former Blagoevgrad head of police Miroslav 
Pissov to 18 years' imprisonment and former officers Ivo Ivanov, Boris 
Mehandzhijski, Georgi Kalinkov, and Yanko Grahovski each to 16 years 
for beating to death Angel Dimitrov while arresting him in 2005.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    During the year there was an increase in ransom kidnappings 
involving wealthy businessmen and their families. Observers criticized 
the Government's inability to prevent or solve these cases. On May 22, 
in one notorious case involving a soccer club manager, the manager's 
wife was also kidnapped when she went to pay the ransom while under 
police surveillance. The victims were subsequently released but the 
perpetrators were not identified.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
police sometimes beat criminal suspects, particularly members of 
minority groups.
    Police can stop and detain persons for 24 hours without formally 
charging them. Human rights observers noted a continuing decline in the 
number of cases where police arrested suspects for minor offenses and 
physically abused them to force confessions. However, there were 
reports that this practice continued to be more widely used with Romani 
suspects. Nongovernmental organizations (NGOs) reported complaints of 
police brutality from Romani victims who were too intimidated to lodge 
official complaints with authorities.
    Human rights groups continued to claim that medical examinations in 
cases of police abuse were not properly investigated and that offending 
officers were very rarely punished.

    Prison and Detention Center Conditions.--Prison conditions 
generally did not meet international standards, and the Government did 
not allocate funds to make significant improvements.
    Conditions in some prisons remained harsh and included inadequate 
toilet facilities and insufficient heating and ventilation. The daily 
food allowance amounted to approximately 1.80 leva (approximately 
$1.30). NGOs received complaints from prisoners about both the quality 
and quantity of food.
    Overcrowding remained a problem. At year's end there were 10,271 
prisoners in the country's 13 prisons, a decrease compared to the 
previous three years, but still estimated by the Ministry of Justice to 
be three times the system's intended capacity. NGOs received complaints 
from prisoners about insufficient space and considered this a major 
factor contributing to brutality among inmates.
    Guards' mistreatment of inmates continued to be a problem. There 
were also increased reports of fights and mistreatment among the 
inmates themselves. Citing financial constraints, prison authorities 
acknowledged difficulties diagnosing and treating the increasing 
numbers of drug dependent inmates and limiting their access to 
narcotics. According to the Bulgarian Helsinki Committee (BHC) at least 
three prisoners died in 2007 from overdoses. In 2007 the diagnosis of 
27 prisoners with HIV/AIDS posed a new challenge to the prison 
healthcare system.
    During the year the European Court of Human Rights (ECHR) issued 
decisions finding that the Government had violated the rights of 
prisoners due to substandard prison conditions. In response to previous 
rulings, the Government took some measures to improve detention center 
conditions since 2005. On February 7, the ECHR ruled against the 
Government in a 1999 case in which Stefan Kostadinov was held for five 
months in a basement cell for 24 hours a day. Kostadinov had no 
exposure to natural light and was unable to undertake physical 
activity. On July 31, the ECHR again ruled against the Government in a 
1998 case in which Sofia police held Vasil Petrov in a jail cell 
overnight, with his hands handcuffed to a pipe above his head. During 
his detention, police hit Petrov with a truncheon and kicked him.
    Prisoners exercised the right to report substandard conditions to 
the prison administration, the ombudsman and the court system. During 
the year, prisoners filed more than 500 cases against the state with 
the local courts, claiming poor condition and denied access to 
essential rights. According to the prison authorities, prisoners 
largely viewed the appeal as way to get out of the prison in order to 
appear in court. Authorities alleged prisoners often made unjustified 
complaints, such as to receive massages or personal television sets. In 
response to the significant increase in the overall number of suits 
filed by prisoners, the prison administration in Varna made premises 
available for judges to hear the cases in the prison building.
    At year's end there were 952 detainees in the country's 45 pretrial 
detention centers. Despite some infrastructure improvements in several 
centers, there were serious problems with sanitation.
    Foreign prisoners were held in a separate prison building in Sofia 
to provide easier access to consular services from diplomatic missions.
    The Government generally permitted independent monitoring of prison 
conditions by independent observers, and visits took place during the 
year. On December 15-18, the Council of Europe's Committee for the 
Prevention of Torture conducted an ad hoc visit to review the country's 
progress on implementing the committee's previous recommendations, 
focusing on treatment of persons detained by police, the situation of 
foreign nationals in custody, and conditions of detention in 
investigation detention facilities and prisons. BHC conducted periodic 
visits during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, there were reports 
that police at times ignored these prohibitions.

    Role of the Police and Security Apparatus.--The National 
Intelligence Service and the National Protective Service, which are 
directly subordinate to the president, continued to operate in the 
absence of specific legislation that provided judicial, executive and 
legislative oversight. Other law enforcement and national security 
bodies launched reforms during the year.
    In December 2007 parliament formed the new State Agency for 
National Security (DANS) by combining a number of security services 
previously overseen by individual ministries. DANS' primary mandate was 
counterterrorism and counterintelligence, and it was also responsible 
for fighting serious organized crime and high-level corruption. During 
the year media and NGOs criticized DANS for the apparent politicization 
of high-profile disputes in the agency that led to the dismissal and 
resignation of several senior civil servants.
    In April Interior Minister Rumen Petkov resigned under political 
pressure after the leak of reports of his late 2006 meeting with 
organized crime figures, allegedly to broker a peace deal between 
warring gangs on the eve of the country's January 2007 accession to the 
European Union (EU). Petkov's resignation prompted the Government to 
overhaul the ministry, which is responsible for internal law 
enforcement. Ongoing structural changes, successive scandals, and low 
salaries significantly challenged the ministry's officers' morale, 
leading police officers to engage in symbolic protests to show their 
dissatisfaction.
    During the year public confidence in the Interior Ministry remained 
low and the Center for the Study of Democracy (CSD) reported that 
almost 50 percent of crimes went unreported due to lack of trust in law 
enforcement authorities. From 2006 to 2007, the ministry reported a 
decrease in the number of crimes from 123,000 to 119,000. The CSD's 
victimization surveys, however, indicated that the actual number of 
crimes was six times greater than the ministry figures suggested. A 
2006 survey reported that police failed to treat one in four persons 
they stopped with professionalism and respect and that they 
consistently treated members of ethnic minorities worse than members of 
the ethnic majority.
    Impunity remained a problem. The military court system adjudicated 
all complaints involving Interior Ministry and military personnel. The 
Sofia military appellate court is the court of final appeal for cases 
involving interior ministry personnel. NGOs claimed that military 
judges were vulnerable to executive branch influence, as the defense 
minister technically had the power to confirm their appointment as well 
as to promote and demote them in military rank; however, there were no 
specific reports of outside pressure during the year. Public debate 
continued over the need for separate court systems for Interior 
Ministry and military personnel.

    Arrest and Detention.--While the law does not always require 
warrants for an arrest, police normally obtained them from a prosecutor 
prior to apprehending an individual. If police release a detainee 
within 24 hours without being charged, no judicial involvement in the 
case is required. While investigators and police officers lack the 
authority to detain an individual for over 24 hours, a prosecutor could 
authorize detention for up to 72 hours without bringing charges. 
Prosecutors could not arrest military personnel without the defense 
minister's approval.
    The law provides for bail, and bail was widely used.
    Although the law provides for access to legal counsel from the time 
of detention, lack of timely access to legal counsel remained a 
problem. Poor knowledge of the law often resulted in police failure to 
inform detainees of this right. The law provides state-funded legal aid 
for low income defendants in criminal cases, but lack of coordination 
between the police, local bar council, and the national legal aid 
bureau hindered the program's implementation. Detainees were generally 
informed promptly of the charges against them; however, they were not 
always informed of all of their rights under the law.
    The Government generally observed the statutory limit of one year 
for pretrial detention and two years for the most serious crimes. In 
the event of a conviction, time spent in pretrial detention was 
credited toward the sentence.
    Long delays awaiting trial were common, and investigators and 
police continued to struggle with a large backlog of outstanding 
investigations. Tough statutorily mandated time limits to complete 
investigations often resulted in hasty indictments that were returned 
by judges for additional investigation.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, political influence, widespread 
corruption, inefficiency and lack of accountability were problems.
    The country's judicial system is governed by an independent 25 
member Supreme Judicial Council, which has powers to appoint, 
discipline, and dismiss judges, prosecutors, and investigators. An 
inspectorate operates under the council to investigate complaints of 
judicial misconduct and recommend disciplinary action to the council. 
Observers noted that these bodies were slow in establishing their 
authority and addressing the high expectations for implementing 
internal discipline in the system.
    Cases are reviewed through a three-tier court system, which 
consists of regional courts, District Courts (which act both as trial 
and appeals courts), appellate courts, and the Supreme Court of Appeals 
and the Supreme Administrative Court. Administrative courts hear 
citizens' appeals of actions taken by the central and local government. 
The Constitutional Court, which is separate from the judiciary, rules 
on the constitutionality of laws, settles election disputes, and 
resolves division of powers conflicts among government branches.
    Judicial backlogs remained a serious problem, although observers 
noted some modest improvement in efficiency and in implementation of 
time standards in selected courts. In March a new civil procedure code 
took effect which significantly reduced opportunities for continuances, 
which were quite common under the old regime. Long delays awaiting 
criminal trial were common, and investigators and police continued to 
struggle with a large backlog of outstanding investigations. After 
assuming office in 2006, the Prosecutor General ordered an internal 
audit of all backlogged cases. Prosecutors continued to implement the 
audit's recommendations and dismissed criminal charges in over 118,000 
cases during the first half of the year because the statute of 
limitations had expired in those cases.
    The courts often acceded to defense counsel requests to delay 
hearings in order to avoid sentencing, with particularly notorious 
cases of alleged organized crime bosses excused for reported sudden 
illness.
    Prosecution service reforms initiated in 2006 continued and 
investigations of eight prosecutors suspected of abuse of office were 
ongoing. However, observers believed that political influence and 
widespread corruption impeded efforts to establish a fair, impartial, 
and efficient judicial system.

    Trial Procedures.--The law stipulates that all court hearings be in 
public unless proceedings could reveal national secrets, endanger 
public morals, or violate the privacy rights of juvenile defendants; 
authorities generally respected this provision. Defendants enjoy a 
presumption of innocence; they have the right to know the charges 
against them, to free legal representation if they are indigent, and to 
have ample time to prepare a defense. A defense attorney is mandatory 
if the alleged crime carries a punishment of 10 or more years in prison 
or if the defendant is a juvenile, a foreigner, a person with mental or 
physical disabilities, or is tried in absentia. Defendants in criminal 
proceedings have the right to confront witnesses, to examine evidence, 
and to present their own witnesses and evidence. The law provides for 
the right of appeal, which was widely used.
    Defendants have the right to be present at trial. Although there 
are no juries, in cases involving more serious crimes, the judge is 
joined at the trial by two assessors, or lay judges, who are ordinary 
citizens chosen to serve as representatives of the public. If a crime 
entails imprisonment for more than 15 years, two judges and three 
assessors hear the case. In such circumstances verdicts are determined 
by majority vote of panel members.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters; however, civil 
cases were plagued by the same long delays as criminal cases. 
Allegations of human rights abuses may be filed with courts and also 
with the Commission for Protection against Discrimination, which may 
impose sanctions on violators. Reforms initiated in 2006 in the 
enforcement of court judgments allowed private enforcement agents to 
collect claims, greatly improving the efficiency of collection.

    Property Restitution.--The Jewish community reported continued 
difficulties recovering properties in cases where such properties were 
being used by government entities. For example, despite court decisions 
in its favor, the Jewish community was unable to take possession of a 
state-run hospital in central Sofia.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these provisions in practice.
    In September and October there were media reports that, during an 
official investigation, DANS may have obtained telephone records and 
possibly voice recordings of calls by members of parliament and 
journalists. On October 10, DANS officially admitted that it violated 
its own internal regulations by monitoring journalists, including 
possibly obtaining telephone data and voice recordings, while 
investigating leaks of classified information to the media. According 
to the DANS chairman, the surveillance of journalists was unjustified 
and was unrelated to the true purpose of the investigation. The DANS 
chairman also denied personal responsibility for the transgressions, 
and stated that the investigation was improperly authorized by 
subordinates during the chairman's short absence in August. 
Parliamentarians and the media spoke out forcefully against the 
apparent abuse of power.
    On December 15, parliament passed a law reforming the country's 
secret surveillance system. In June 2007 the ECHR ruled that secret 
surveillance was overused and the law did not provide adequate 
safeguards against the risk of abuse. The court noted the law's failure 
to provide an independent review of the implementation of surveillance 
measures or procedures to verify preservation of confidentiality of 
collected information and its destruction after use. Unless criminal 
proceedings had been subsequently instituted, the law did not require 
subjects of surveillance to be informed that their communications were 
monitored. This rendered subjects of such monitoring unable to seek any 
redress.
    Responding to a letter from the ECHR, municipal authorities in 
Sofia halted demolition of Roma housing planned for July 11. The letter 
came in response to a complaint filed by the BHC in 2006 when 
authorities first began demolishing the housing, alleging that the 
construction was illegal. The ECHR requested that the authorities 
provide information about how they plan to relocate the residents, 
especially children and persons with disabilities.
    NGOs reported that in poor, rural areas of the country, local 
authorities denied government services including employment and 
scholarships to individuals who lacked proof of membership in local 
ruling political parties.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and press, and the Government generally respected 
these rights in practice; however, there were increased reports that 
individuals with political interests threatened and intimidated 
journalists. NGOs reported that significant numbers of journalists 
practiced self-censorship due to pressure by political and business 
leaders and organized crime on the journalists or their management. 
Some journalists allegedly accepted payments in return for positive 
coverage of politicians, prominent businessmen, and organized crime 
syndicates. International organizations criticized increased political 
influence over media, pressure from powerful economic interest and 
attacks against journalists.
    Individuals criticized the Government freely without reprisal, and 
the Government generally did not attempt to impede criticism. In rural 
areas offering fewer employment opportunities, individuals were more 
hesitant to criticize local governments.
    A variety of newspapers were published freely by political parties 
and other organizations representing the full spectrum of public 
opinion. Private television and radio stations provided a variety of 
news and public interest programming. Although the state-owned media 
presented opposition views, observers believed that the law was 
inadequate to protect their programming independence and left these 
media vulnerable to government pressure. In May 2007 one journalist 
from the Bulgarian National Radio (BNR) received a dismissal warning 
for reportedly asking an inappropriate question to the interior 
minister. Later in 2007 the new BNR director removed several managers 
from their positions without explanation.
    On April 7, two unidentified men shot Georgi Stoev, tabloid 
commentator and author of reality-based fiction about the criminal 
underworld. An investigation into his murder was ongoing at year's end.
    On September 5, police arrested Frognews Web site administrator 
Yorgo Petsas, and DANS officials questioned him for seven hours on 
suspicion that Frognews was affiliated with the Web site opasnite.net. 
The latter site, which published critical speculation about the 
Government, was closed on September 4, reportedly for publishing 
classified information. On September 23, four men severely beat and 
critically injured Frognews editor in chief Ognian Stefanov. High-level 
government officials and international organizations criticized the 
attack and called for a full investigation. Following the incident, 
Frognews editors complained of multiple death threats.
    On September 7, the Defense Ministry halted printing of the first 
issue of the weekly newspaper Bulgarian Army, reportedly for technical 
reasons. The chief editor of the newspaper refuted the ministry's 
justification and charged that the minister, who was the head of the 
newspaper's publishing company, objected to some of the newspaper's 
content.
    There were no developments in the investigation of the 2006 
explosion in the apartment of Vasil Ivanov, who had described wide-
ranging abuses in Sofia's main prison, or the 2006 break-in at the 
offices of the newspaper Novinar.
    Libel is punishable under the law. If the offense is proved, a 
court may award compensation for moral damages suffered by the 
claimant. Usually the courts interpreted the law in a manner that 
favored journalistic expression. Many defamation cases were prompted by 
reporting about corruption or mismanagement, and the most frequent 
plaintiffs were government officials or other persons in public 
positions.
    In February 2007 Volen Siderov, leader of the nationalist and 
racist Attack party, and a group of 50 supporters broke into the 
offices of the 24 Hours daily and 168 Hours weekly newspapers and 
threatened employees. The intruders were reportedly angered by press 
reports about the sources of their party's funding. Authorities 
initiated an investigation of whether Siderov should be charged with 
hooliganism; the investigation was ongoing at year's end.

    Internet Freedom.--There were no government restrictions on the 
Internet and no reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
According to the National Statistical Institute, Internet use increased 
to 30.8 percent of the population, although less-developed rural areas 
did not have the infrastructure to support Internet services.
    On January 30, the interior minister and chairman of the State 
Agency for Information Technologies announced the adoption of a decree 
allowing the security services to gather electronic data relating to 
Internet users' activities. The announcement sparked widespread 
criticism among NGOs and local media, and the NGO Access to Information 
Program filed a legal challenge. On December 11, the Supreme 
Administrative Court struck down provisions of the decree, finding that 
its scope was excessive and failed to set any limitations on the type 
of data that the security services could access.
    Human rights activists strongly criticized the July 2007 police 
interrogation of a blogger who reprinted a notice of an upcoming civil 
protest. Police warned that since the protest had not been authorized 
by municipal authorities, the blogger should not make mention of it.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice. The law 
requires groups requesting a permit for gatherings to give 4-hours' 
notice and those wishing to demonstrate to give five-days' notice. 
Mayors can prohibit, dismiss, or suggest an alternative site for a 
gathering they regard as posing a threat to public order, security, or 
traffic.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right 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 generally respected 
the rights of individuals and groups to establish their own political 
parties or other political organizations.
    Political parties based on religious, ethnic, or racial affiliation 
are illegal. In practice the prohibition did not appear to weaken the 
role of some ethnic minorities in the political process; a number of 
parties in reality represented various ethnic minority groups. 
Citizens' associations may not engage in political activity.
    The law requires a political party to have 5,000 members to be 
registered. The requirement adversely affected Ilinden, a Macedonian 
activist group. In October 2007 the Supreme Court of Appeals upheld the 
Sofia city court's decision to reject Ilinden's registration, citing 
numerous procedural violations in the application, particularly in the 
collection of members' signatures. The decision effectively precluded 
further appeals in domestic courts. On October 21, Ilinden formally 
requested recognition of its earlier registration, relying upon ECHR 
judgments against the cancellation of its earlier registration. The 
Sofia City court again rejected the request on December 30, citing 
irregularities in the group's documentation. During the year, Ilinden 
members continued to complain of hostile treatment by local 
authorities, including police questioning members about their 
affiliation with the group. At year's end the Blagoevgrad District 
court was reviewing requests for registration as NGOs from two self-
identified Macedonian groups.

    c. Freedom of Religion.--Although the constitution provides for 
freedom of religion, the law and the Government restricted this right 
for some religious groups not registered by the courts. The law 
designates the Bulgarian Orthodox Church as the ``traditional'' 
religion and requires religious groups other than the Bulgarian 
Orthodox Church to register with the Sofia city court if they wish to 
operate and be recognized as legal entities or to conduct religious 
activities outside of their places of worship. As of June there were 96 
religious groups registered with the Sofia city court. Human rights 
organizations criticized the law's preferential treatment of the 
Bulgarian Orthodox Church and expressed concern that the requirement 
that groups submit a statement of their beliefs constituted an 
infringement on freedom of religion.
    On April 29, the Supreme Court of Appeals upheld a lower court 
ruling rejecting the registration of the Ahmadi Muslim community as a 
religious group. The court held that the group failed to specify its 
religious beliefs as required by the law. In March 2007 the Blagoevgrad 
District Court granted a prosecutor's request to close the NGO Ahmadiya 
on charges that the group was carrying out religious activities, such 
as proselytizing and holding religious meetings, without proper 
national registration.
    While there were Orthodox chapels or churches in all prisons, 
prison officials acknowledged difficulties in meeting the special 
requirements of other believers, particularly Muslims' dietary 
restrictions and requirements for places to pray.
    Some local governments restricted certain forms of proselytizing. 
On October 8, police issued a warning to a member of Jehovah's 
Witnesses who was distributing religious literature in Plovdiv. Police 
referred to a provision of the municipal public order rules which 
required a municipal permit for carrying out religious activity in 
public.
    Jehovah's Witnesses reported continuing opposition from local 
authorities in Varna to construction of a place of worship, despite 
receiving a construction permit in June 2007. Construction was halted 
pending the outcome of a court challenge by neighbors to the 
municipality's 2001 rezoning of the Jehovah's Witnesses property. In 
July 2007 the Sofia City Council published its unanimous decision to 
support the residents of the Mladost area in opposing the construction 
of a meeting hall for the Jehovah's Witnesses and urging the Government 
to legislate stricter control of nontraditional religious groups.
    In February the Commission for Protection against Discrimination 
rejected a discrimination complaint filed by three Muslim students from 
Devin alleging that their school principal had discouraged them from 
wearing headscarves in classes even though the school had no uniform 
requirements. The commission found insufficient evidence to confirm the 
principal's reported warnings. The case followed an August 2006 
decision by the commission to uphold the ban on headscarves imposed by 
a school in Smolyan that did require school uniforms.
    The efforts in court to resolve a leadership dispute within the 
Muslim community continued to result in charges that court procedures 
were opaque and politically influenced. On April 21, the Sofia city 
court registered Mustafa Alish Hadji as chief mufti despite the 
allegations of judicial corruption and document forgery by Nedim 
Gendzhev, his longtime rival. The court recognized the outcome of a 
Muslim conference held on April 19 that reelected Hadji as chief mufti. 
The conference followed a December 2007 decision of the Supreme Court 
of Appeals to uphold the annulment of the conference that previously 
elected him as illegitimate. The ruling effectively reinforced the 
denomination's statutes from 1996 and reinstated rival Islamic leader 
Gendzhev, who initially contested Hadji's election.

    Societal Abuses and Discrimination.--There were occasional 
manifestations of public intolerance of nontraditional religious groups 
and religious minorities.
    During the year the extremist political party, Attack, continued to 
denigrate the country's Roma, Jews, and Muslims. Attack, which employed 
racist and discriminatory rhetoric during the 2005 and 2006 electoral 
campaigns, published anti-Semitic and anti-Muslim material in its 
newspaper, Web site, and cable television mouthpiece, Skat.
    The country's Jewish community numbered approximately 3,500. 
According to the Jewish organization Shalom, anti-Semitism was not 
widespread, and Attack's anti-Semitic media statements had limited 
impact on the overall tradition of tolerance with regard to the Jewish 
community.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it in practice.

    Protection of Refugees.--The constitution and law provide for the 
granting of asylum or refugee status in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
and the Government has established a system for providing protection to 
refugees. The Government provided some protection against the expulsion 
or return of refugees to countries where their lives or freedoms would 
be threatened, and the UNHCR reported that the risk of bona fide 
refugees being turned away were limited. Nonetheless, observers 
remained concerned about the institutional capacity of the State Agency 
for Refugees to efficiently process requests and transfer applicants 
from the border to the shelters. According to lawyers, the practice of 
sending asylum seekers that enter illegally to the Centre for Temporary 
Accommodation of Foreigners in Busmantsi, allowed for them to be 
treated as illegal immigrants facing potential deportation. The law 
requires that persons seeking refugee status file an application within 
``a reasonable time'' after entering the country.
    The State Agency for Refugees reported that following the country's 
EU accession, the number of applicants increased from 639 (2006) to 975 
(2007). However, the total number of asylum seekers remained below the 
peek in 2002, when asylum seekers numbered 2,888. During the year the 
Government received 746 applications for asylum; it granted asylum in 
27 cases and refused asylum in 381 cases. Most asylum seekers were from 
Iraq, with substantial numbers from Armenia, the Palestinian 
territories, and Afghanistan.
    During the year, the Government also provided temporary protection, 
described by the law as ``humanitarian status,'' to 267 persons who may 
not qualify as refugees under the 1951 convention and 1967 protocol. 
Observers noted that, in cases where the State Agency for Refugees 
denied asylum, the procedures for removing asylum seekers were unclear, 
resulting in prolonged detentions, often far in excess of six months.
    On April 23, a group of Iraqi displaced persons rioted at the 
Busmantsi center for illegal immigrants. After voluntarily withdrawing 
their asylum applications they learned that their departure would be 
delayed a week due to procedural problems. Once the Government resolved 
problems with their transit visas, the group was able to return to 
Iraq.
    UNHCR expressed some concerns about the Government's processing of 
Iraqi asylum applications. In contrast to previous years, the State 
Agency for Refugees increased its rejection rate for Iraqi asylum 
seekers, who resorted to appealing those negative decisions.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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, 2007 municipal elections were marred by 
reports of large-scale vote buying.

    Elections and Political Participation.--In contrast with the 2006 
presidential elections, which were widely regarded as free and fair, 
the municipal elections held in October 2007 were marred by reports of 
an unprecedented vote-buying surge. The Center for the Study of 
Democracy estimated that the money spent buying votes exceeded 200 
million leva (approximately $144 million). Prosecutors initiated more 
than 10 investigations under the newly amended criminal code, which 
criminalizes both vote buying and vote selling. Another significant 
type of violation was the organized busing of voters from Turkey and 
Macedonia, usually referred to as ``election day tourism.'' Observers 
noted that the surge in vote buying was prompted by efforts of business 
circles and organized crime figures to install local politicians as a 
way to gain greater access to EU funds.
    There were 51 women in the 240 seat National Assembly. A number of 
women held elective and appointive office at high levels in the 
Government, including two deputy prime ministers and three ministers. 
Women held key positions in the National Assembly, including three 
deputy speakers and the chair of one of the 24 standing committees.
    There were 31 members of minority groups in the 240 seat National 
Assembly, of whom 28 were ethnic Turks, one Roma, and two ethnic 
Armenians. There were two ethnic Turkish ministers in the cabinet and 
one Romani deputy minister. While the ethnic Turkish minority was well 
represented, Roma were underrepresented, particularly in appointed 
leadership positions. Pomaks (ethnic Bulgarians who are Muslims) held 
elected positions at the local level.
    In the October 2007 local elections, approximately 30 municipal 
mayors of Turkish ethnicity were elected. No Romani mayors were 
elected, but more than 90 Romani municipal councilors were elected on 
Romani party tickets. Women's local council representation increased 
slightly, from 21 percent in 2003 to 23 percent.

    Government Corruption and Transparency.--The law provides criminal 
penalties for corruption by government officials; however, the 
Government did not implement the law effectively, and officials often 
engaged in corrupt practices with impunity. The Government did not 
aggressively prosecute high-profile organized crime or corruption.
    During the year the EU sharply criticized the Government for abuse 
of EU funds. After a negative June report and the suspension of 486 
million euros (approximately $680 million) in pre-accession aid on July 
23, the Government adopted an 80-point plan to address the EU's concern 
over the failure to investigate funds mismanagement. On October 20, the 
Sofia city court began a trial against Mario Nikolov and eight other 
members of the Nikolov-Stoykov group for document fraud and 
embezzlement of EU agricultural funds. Lyudmil Stoykov, one of the 
group's main partners, was charged separately with money laundering. 
The Nikolov-Stoykov group, which reportedly sponsored key politicians, 
was described in a leaked report of the EU fraud investigation unit as 
a criminal company network.
    On October 2, the Sofia military court gave Ivan Ivanov, the former 
director of the Interior Ministry's organized crime unit, a one-and-a-
half year suspended sentence for abuse of power. Ivanov's March 17 
arrest initiated a series of scandals in the Interior Ministry, 
ultimately leading to the resignation of Interior Minister Rumen Petkov 
on April 18. On November 20, the Sofia City court rejected prosecutors' 
assertions that Petkov committed a crime in March when he leaked the 
identity of a DANS agent. A prosecution appeal of the judgment was 
ongoing at year's end, and Petkov remained a member of parliament.
    The new security agency, DANS, was charged with investigating high-
level corruption and organized crime. On September 23, DANS arrested 
the deputy chair of the State Sports Agency, Ivan Lekov, on charges of 
fixing soccer matches by manipulating referees. On September 24, DANS 
arrested the deputy Sofia district governor, Marius Tsakov, while in 
the act of receiving a bribe from a construction investor. On July 17, 
in a joint raid with Sofia prosecutor's office, DANS arrested Varna 
administrative court chair Anelia Tsvetkova for bribery and confiscated 
150,000 leva (approximately $108,000) from her home; she subsequently 
resigned. The bribery investigation against Tsvetkova was ongoing at 
year's end; however, on September 25, the Sofia city court allowed the 
return of the confiscated money.
    Public officials were subject to financial disclosure laws, but 
according to the National Audit Office, 174 officials did not fully 
comply with the requirements and failed to report all of their and 
their spouses' assets during the year. According to the law, failure to 
submit a declaration is punishable by a fine of up to 1,500 leva 
(approximately $1,077); it was unclear whether this served as an 
effective incentive to comply with the law.
    The law provides for public access to government information; 
however, in practice the Government often restricted such access. In 
2007 the Supreme Administrative Court reviewed approximately 60 appeals 
of denials. While the court allowed greater access to government 
information in almost half of the cases, NGOs reported that court 
decisions were rarely implemented.
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 2007 the ombudsman received 3,367 complaints of violations of 
citizens' rights and freedoms, of which 30 percent fell within his 
jurisdiction. By law the ombudsman receives and reviews complaints 
filed by individuals of rights or freedoms abridged by government 
institutions. The ombudsman can request information from state 
authorities, act as an intermediary in resolving disputes, make 
proposals for terminating existing practices, and refer information to 
the prosecution service. Of the valid complaints received in 2006, 11 
percent concerned human rights violations.
    The nine-member Commission for Protection against Discrimination 
has the power to receive and investigate complaints of discrimination, 
issue rulings, and impose sanctions on violators. Human rights groups 
remained concerned about its capacity. In 2007 the commission received 
649 complaints, compared to 389 in 2006; the majority of complaints 
concerned labor discrimination.
    During the year the ECHR issued over 50 judgments against the 
country and ordered the Government to pay over 1.7 million leva 
(approximately $1.2 million) for violations including denial of fair 
trial rights, an unreasonably slow judicial process, inadequate prison 
conditions, mistreatment of detainees and prisoners, and other human 
rights abuses.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination on the grounds of 
race, gender, disability, social status, and sexual orientation; 
however, the law does not prohibit discrimination on the basis of 
language. Societal discrimination continued to occur, particularly 
against women, sexual minorities, and ethnic minorities. Trafficking in 
persons continued to be a problem.
    The Government raised public awareness and continued to implement 
administrative provisions of the antidiscrimination law, which provided 
two options for civil remedies against discrimination through the court 
system and through the Commission for Protection against 
Discrimination. The law lists in detail the grounds on which 
discrimination claims could be filed, and these were widely used during 
the year.

    Women.--The law criminalizes rape, which was underreported due to 
the stigma that society attached to the victim. Spousal rape is not 
specifically addressed in the law. It can be prosecuted under the 
general rape statute but was rarely prosecuted in practice. Sentences 
for rape range from two to eight years in prison (from three to 10 if 
the victim is a blood relative). When rape results in serious injury or 
suicide, sentences range between 10 and 20 years' imprisonment. 
Authorities generally enforced laws against rape when violations came 
to their attention, and sentences tended to conform to statutory 
guidelines. According to NGOs, the social taboo experienced by rape 
victims discouraged them from reporting the crime and was a far more 
serious obstacle to prosecution than police reluctance to investigate.
    NGOs reported that domestic violence was a serious problem. 
Although there were no precise statistics on its occurrence, police 
believed that one of every four women had been a victim.
    The law defines domestic violence as any act, or attempt at, 
physical, psychological, or sexual violence against members of one's 
family or between cohabitating persons. It empowers the court to deal 
with offenders by imposing fines, issuing restraining or eviction 
orders, or requiring special counseling. The courts issued more than 
300 restraining orders in 2007.
    Although in 2006 the cabinet voted to make 270,000 leva 
(approximately $194,000) available to municipalities for establishing 
shelters for domestic violence victims, none had been built, and the 
Government did not provide shelter or counseling for women. The NGO 
Animus Associations Foundation operated a 24-hour hot line for women in 
crisis and a number of other NGOs provided short-term protection and 
counseling to victims in 15 crisis centers around the country. Police 
and social workers referred victims of domestic violence to NGO run 
shelters.
    Prostitution is not specifically addressed in the law and was 
commonly practiced. In 2007 the Government rejected plans to legalize 
prostitution and during the year, government officials continued to 
oppose legalization as a threat to antitrafficking efforts. A variety 
of activities associated with prostitution, such as pimping, are 
illegal. Forced prostitution is illegal but remained a serious problem. 
Poor socioeconomic conditions contributed to a disproportionately 
higher number of Romani women in organized prostitution.
    Sexual harassment is not specifically addressed in the criminal 
code but is punishable under prohibitions against coercion, which carry 
a punishment of up to six years in prison. Sexual harassment is also 
identified as a specific form of discrimination under the 
antidiscrimination law and the Commission for Protection against 
Discrimination reported an increasing number of sexual harassment 
cases, approximately 5 percent of all complaints. However, sexual 
harassment remained a widespread problem, and the Government did not 
effectively enforce the law.
    The law provides women with the same rights as men; however, women 
faced some discrimination in hiring and pay. In 2007 the Ministry of 
Labor and Social Policy reported that women's salaries were 24 percent 
lower than men's, with some lower-paid sectors, such as education and 
services, dominated by women. A National Council on Equality between 
Women and Men, headed by the minister of labor and social policy under 
the Council of Ministers, was tasked to safeguard the rights of women. 
Primarily a consultative body, the council is charged with promoting 
cooperation and coordination among NGOs and government agencies.

    Children.--The Government generally was committed to protecting 
children's welfare; however, government efforts in education and health 
were constrained by inadequate budgets and outmoded social care 
structures. Problems in state-run institutions for children, including 
incidents involving exploitation of children, received increased media 
attention during the year.
    Public education is compulsory until the age of 16; however, the 
Government did not effectively enforce attendance requirements. Public 
education is free through the 12th grade, but children were required to 
pay for books after the fourth grade, which was a problem for poor 
families.
    According to a 2006 UN Children's Fund study, 76 percent of 
students completed high school. The study reported that school dropouts 
correlated to low household income, parental lack of interest, lack of 
motivation, and emigration. The number of school dropouts was highest 
in regions with large Romani populations.
    Education for Romani children was generally inferior and nearly 10 
percent of Roma never attended school. A 2006 study indicated that 30 
percent of Romani students attended completely segregated schools. In 
2005 the Sofia regional court found the city guilty of discrimination 
for failing to provide equal educational opportunities to Romani 
children, many of whom attended Sofia's three ethnically segregated 
Romani schools. In 2006 the Sofia city court confirmed the decision and 
the city's appeal to the Supreme Court of Appeals was pending at year's 
end.
    In January the Government implemented a new policy of ``delegated 
budgets,'' where schools received a standard funding allowance per 
student per year of 1,150 leva (approximately $826), which observers 
criticized as too low. In March the Amalipe Center, a Romani 
organization, reported that municipalities decided to close 320 
schools, amounting to approximately 15 percent of the country's primary 
schools, because the smaller schools could not continue to operate with 
the new budget allowance. Romani activists warned that this change 
would harm Romani students whose parents would be reluctant to allow 
them to travel to new schools in other towns. Activists also reported 
that ethnic Bulgarian parents at schools accepting new Romani students 
often reacted negatively to the process.
    Violence against children was a problem. According to the National 
Statistical Institute 2,743 children were victims of crimes in 2007, 
compared to 3,209 children in 2006. Crimes included murder, rape, 
theft, kidnapping, trafficking, pornography and other forms of abuse. 
The Government often removed children from abusive homes and prosecuted 
abusive parents; however, once away from their families, children often 
fell victim to street violence or violence in specialized institutions.
    According to NGOs, living conditions in reform boarding schools for 
children run by the Ministry of Education and Science remained poor.
    Although no official statistics were available, the State Agency 
for Child Protection reported that child marriage was relatively rare 
nationwide but was common in Romani communities. The agency also voiced 
its concern that arranged marriages and traditional Roma bride markets 
resulted in trafficking in persons.
    The National Statistical Institute reported that the number of 
children registered by police for vagrancy and begging increased from 
975 in 2006 to 1,044 in 2007. Such children were primarily involved in 
begging, prostitution, or car window washing, and many were believed to 
be exploited for labor by adults. When apprehended, police place 
children involved in begging and vagrancy in protective custody in five 
special shelters; however, children were usually not kept there for 
more than 24 hours unless remanded to protective custody by the special 
order of a prosecutor. Many were subsequently sent to state-run 
institutions for children.
    Implementation of child care policies was decentralized and managed 
by municipal-level Child Protection Departments. The national Ministry 
of Social and Labor Policy provided budgetary support for child welfare 
programs, but NGOs remained concerned about the ability of poorer 
municipalities to effectively manage and administer care. Despite a 
government policy to develop a mechanism of alternative service 
providers, such as the recently introduced model of foster care, the 
country continued to struggle with a Communist-era system of state-run 
specialized institutions for children.
    Human rights monitors sharply criticized the deficiencies in 
government run institutions such as orphanages, educational reform 
boarding schools, facilities for children with mental disabilities, and 
shelters for homeless children. Inadequate budgets, poorly trained or 
unqualified staff, and insufficient oversight plagued these facilities. 
Standards of hygiene and access to medical care were poor.
    According to the State Agency for Child Protection, there were 145 
institutions at the end of 2006. Since 2001 the State Agency for Child 
Protection reported a 32 percent decrease in the number of children in 
institutions, which reached 8,457 in mid-2007, the majority of whom 
were Roma. Watchdog organizations disputed these figures believing the 
actual number was much higher. Most of the children in state 
institutions were not actually orphans, but instead placed in homes for 
reasons including disability, poverty and other family problems.
    During the year several incidents received media attention 
including airing of the controversial film Baklava, reportedly showing 
orphans engaged in sexual acts and drug abuse. In January police opened 
an investigation of a man in Dupnitsa for possessing nude photos of 
orphans. In March media and NGOs reported on the accidental poisoning 
of five children in state care in Plovdiv. In March, an accused 
pedophile shot and killed a 15-year-old girl at an orphanage in Tran 
and injured two others before killing himself. Following these 
incidents the National Social Assistance decided to close the 
institution, and all but four children had been relocated to other 
facilities by the end of the year.
    The problems facing institutionalized children has received 
significant international attention since the BBC documentary, 
Bulgaria's Abandon Children was first broadcast in November 2007. The 
documentary showed the substandard conditions for children with 
disabilities in a state institution in Mogilino. Following the intense 
international and local outcry, authorities began taking steps to close 
the facility in Mogilino and relocate some of the children to a newly 
built facility. In 2006 a 15 year old girl died of complications from 
eating garbage after being left unattended.

    Trafficking in Persons.--The constitution and law prohibit all 
forms of trafficking in persons; however, trafficking was a serious 
problem.
    The country remained a point of origin and transit and, to a lesser 
extent, a destination, for trafficking, with most victims trafficked 
for sexual exploitation. Victims came from within the country, and from 
Romania, Moldova, Russia, Ukraine, and Central Asia. The principal 
destinations of victims trafficked from and through the country were 
Greece, Turkey, the Czech Republic, Poland, Macedonia, Kosovo, and 
Western Europe. Almost all victims were women and girls trafficked for 
sexual exploitation, but some were also young boys. Young women between 
the ages of 16 and 24 with modest education and weak family ties were 
most vulnerable. Minorities, particularly Roma, and women engaged in 
prostitution were also at particular risk.
    During the year a court convicted Angel Lubenov and sentenced him 
to 13 years in prison for running a prostitution ring involving 
children from the Berkovitsa orphanage in 2006. Following Lubenov's 
arrest, authorities moved his three victims to other institutions to 
receive psychological assistance. None of the staffers at the orphanage 
was dismissed or disciplined.
    The trafficking of pregnant women and forcing them to sell their 
children abroad remained a problem because the women were free to 
travel and could not be stopped by border police. In December police 
reported seven investigations of baby selling in Greece.
    In larger cities, organized criminal organizations controlled most 
trafficking for sexual exploitation. In smaller towns, small crime 
groups and freelance operators were involved.
    Traffickers in foreign countries generally recruited their victims 
through promises of work, while victims of internal trafficking were 
most often recruited through close friends or acquaintances. 
Traffickers for sexual exploitation, both within the country and 
abroad, have shifted to call-girl operations and away from bars, 
complicating law enforcement efforts. Traffickers typically used 
genuine rather than forged travel documents for their victims.
    The punishment for trafficking in persons includes prison terms of 
one to eight years in prison and maximum fines of 8,000 leva 
(approximately $5,740). Aggravated circumstances increase the maximum 
penalties to 15 years in prison and 20,000 leva (approximately 
$14,400), and the court may confiscate a trafficker's assets. 
Prosecutors used other laws to prosecute persons for activities 
associated with trafficking, such as inducement to prostitution.
    The National Antitrafficking Commission is the primary 
antitrafficking coordination and policy-making body. In February the 
commission established three local commissions in the coastal cities of 
Burgas and Varna, both destination points of internal trafficking and 
source of victims trafficked to Germany, the Czech Republic, and 
Scandinavia, as well as in Sliven, a source region for victims 
trafficked to the Netherlands and Belgium. In March a local commission 
opened in Pazardzhik, a source point for trafficking to France and the 
Netherlands.
    In October the commission launched an awareness campaign which 
included a class session on trafficking in all schools, free screenings 
of antitrafficking films, and distribution of brochures. In June the 
commission organized free screenings of an antitrafficking documentary 
for over 1,000 students. During the year the commission also trained 
police, border police, social workers, prosecutors, and judges on human 
trafficking.
    Two police units focused specifically on the problem of 
trafficking. One was within the National Border Police and the other 
was within the Directorate for Combating Organized Crime. The 
Government participated in multinational antitrafficking activities and 
permitted the extradition of citizens for crimes committed abroad, 
including trafficking. In 2007 authorities convicted 73 traffickers.
    Due to successful cooperation with West European counterparts, 
police reported a decline in the number of children being sent abroad 
to work as beggars and pickpockets. The Ministry of Labor and Social 
Policy reported that 90 children were repatriated between January and 
September, compared to 37 in all of 2007.
    Some law enforcement officials, local authorities, and customs 
officials allegedly facilitated trafficking, although there was no 
evidence of a pattern of official complicity. Such officials, who were 
generally low-ranking and poorly paid, accepted bribes to ignore 
trafficking. On September 12 and October 20, police arrested two 
municipal councilors from Varna and charged them with human 
trafficking.
    The Government operated six shelters for child victims of violence 
and trafficking, each of which had the capacity to host 10 children for 
a period of up to six months. The Government cooperated with NGOs and 
international organizations in raising awareness and referring victims 
to services.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Although the constitution and law 
prohibit discrimination against persons with physical and mental 
disabilities in employment, education, access to health care, and the 
provision of other state services, the Government did not effectively 
enforce these provisions in practice. Societal discrimination against 
persons with disabilities persisted.
    The law requires improved access to buildings for persons with 
disabilities, and new public works projects have taken this into 
account; however, enforcement of this law lagged in existing, 
unrenovated, buildings. The law promotes the employment of persons with 
disabilities; however, enforcement was poor and the great majority of 
persons with disabilities were unemployed.
    Conditions in institutions for persons with disabilities were poor. 
Low salaries prevented hiring and retention of qualified staff and NGOs 
complained of mistreatment and neglect of patients in these 
institutions.
    Persons with mental and physical disabilities, including very young 
children, were often segregated from the rest of society, for example, 
into special schools that lowered the quality of their education. In 
April the Sofia city court confirmed a lower court ruling against the 
Ministry of Education for discriminating against children with 
disabilities. The court ordered the ministry to adopt a program and 
secure funding for integrated education of children with disabilities 
in mainstream schools and kindergartens. The Ministry of Labor and 
Social Policy operated 26 institutions for children and youth with 
disabilities. A 2006 ministry study reported that the facilities and 
administration of 25 of the institutions needed to be reformed or 
restructured; the study recommended that one of them close. NGOs 
complained that the recommendations were not implemented, and 
conditions in these institutions remained poor.

    National/Racial/Ethnic Minorities.--Societal discrimination against 
Roma and other minority groups remained a problem, occasionally 
resulting in incidents of violence between members of different ethnic 
groups.
    Although Roma were officially estimated to make up 4.6 percent of 
the population, their actual share was estimated to be between 6 and 7 
percent. According to a 2002 Council of Europe report, there were 
600,000 to 800,000 Roma in the country. According to a 2001 census, 
ethnic Turks made up 9 percent of the population. 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.
    Workplace discrimination against minorities, especially Roma, 
continued to be a problem. The unemployment rate among Roma was nearly 
65 percent, reaching 80 percent in some regions. In a 2006 case, the 
Sofia city court found a company liable when one of its employees 
advised Angel Assenov not to apply for a position, since he was a Rom 
and would not be hired.
    The generally unfavorable attitudes towards Roma, coupled with 
their poor education level, made Roma less able to access the job 
market. Many observers noted that the quality of education offered to 
Romani children was inferior to that afforded to most other students.
    Popular prejudice against Roma continued to play a significant role 
in society and was often shared by law enforcement personnel. There 
were continuing reports that police harassed, arbitrarily arrested, and 
used violence against Roma; however, NGOs reported that police were 
generally more cautious in applying force than in previous years. Human 
rights groups contended that magistrates sometimes failed to pursue 
crimes committed against minorities.
    In August 2007 approximately 200 Roma rioted in the Sofia district 
of Krasna Poliana after rumors circulated that they were about to be 
attacked by a group of skinheads. Witnesses claimed the riot was 
retaliation for a clash the previous evening, when a group of young men 
described as skinheads allegedly attacked three Romani teenagers, one 
of whom was severely beaten. Four ethnic Bulgarians were charged with 
hooliganism after the incident; police arrested three and released one 
on bail. Police also detained four Roma charged them with hooliganism.
    In August 2007 a group of four teenagers beat to death Asparuh 
Atanasov, a 17-year-old Rom, reportedly because they were angry that he 
was in the center of the town. Police detained four suspects and the 
prosecution against them was ongoing at year's end.
    Many Roma lived in substandard housing and lacked legal 
registration for their places of residences. Local authorities 
encountered difficulties in allocating resources and finding 
construction sites for new homes.
    NGOs reported that Roma encountered difficulties applying for 
social benefits and suffered from inadequate access to health care. On 
June 2, the Sofia city court found that the Sveta Sofia maternity 
clinic refused medical treatment for a Romani woman because of her 
ethnicity. The court awarded the plaintiff 50 leva (approximately $38) 
in damages.
    During the year human rights organizations continued to file 
complaints under the antidiscrimination law. In April the Blagoevgrad 
District Court upheld a lower court judgment against a restaurant for 
refusing service to Roma in 2004, while serving non-Romani clients.
    Inciting racial or national enmity, hatred, or discrimination is a 
crime punishable by up to three years' imprisonment, and plaintiffs may 
also file civil claims directly with the court for damages inflicted by 
discriminatory statements.
    In May the Sofia court of appeals upheld a judgment against Attack 
party leader Volen Siderov for discriminatory statements against ethnic 
Turks, Roma, Jews, and other groups. Six of eight cases in a complaint 
against Siderov remained under review by the Sofia regional court. The 
complaint originated with a coalition of 60 NGOs, who charged that 
Siderov harassed and discriminated against persons from ethnic, 
religious, and sexual minorities. In the two cases that were decided, 
both from 2006, the court in one case found that Siderov had incited 
discrimination on the basis of ethnicity but found in the other that 
his statements did not discriminate on the basis of sexual orientation. 
Following an appeal, the Sofia court of appeals upheld the ethnic 
discrimination judgment in May.
    In 2007 BHC and the UNHCR expressed concern over reports of 
violent, racially motivated incidents against visible minorities. In 
January 2007 and May 2007, four persons, two from Nigeria and two from 
Sudan, were attacked with knives. On October 31, the Sofia city court 
sentenced Alexander Ginchev to five years in prison for the January 
2007 attack against a Nigerian soccer player.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination on the basis of sexual orientation, but the Government 
did not effectively enforce this prohibition. Reports of violence 
against sexual minorities were rare, but societal discrimination, 
particularly discrimination in employment, although less common than in 
previous years, remained a problem. The gay-rights organization Gemini 
reported that individuals continued to be reluctant to pursue legal 
remedies for discrimination due to the stigma of being openly 
identified as gay.
    On June 28, police arrested approximately 60 nationalist protestors 
attempting to disrupt the country's first gay pride parade. 
Approximately 100 participants marched under tight security protection, 
and at least one protester threw a Molotov cocktail. The head of the 
Christian Orthodox Church and the Muslim chief mufti condemned the 
march, calling it immoral and referring to homosexuality as a disease.
    According to the Bulgarian Foundation for Aiding HIV/AIDS Patients, 
several HIV-positive patients were denied appropriate medical 
treatment. The Government reported that during 2007, 45 percent of new 
HIV patients contracted the disease through heterosexual contact, 33 
percent were intravenous drug users, and 18 percent were men having sex 
with men. Patients reported hiding the fact that they were HIV positive 
in order to receive medical care.
Section 6. Worker Rights
    a. The Right of Association.--The constitution and law provide for 
the right of all workers to form or join independent trade unions of 
their choice, and workers exercised this right in practice. No reliable 
statistics existed on the extent of unionization of the workforce, but 
experts noted that membership in unions continued to decrease as 
employees question their ability to effectively represent them.
    The law allows unions to conduct their activities without 
interference, and the Government generally protected this right in 
practice. The law also provides for the right to strike; however, key 
public sector employees (primarily military and law enforcement 
personnel) were subject to a blanket prohibition against striking. 
These employees were able to take the Government to court as a means of 
ensuring due process in protecting their rights. Although the law 
prohibits the police from effectively striking, police held symbolic 
protests on December 13 and December 20 against low wages and poor 
working conditions.

    b. The Right to Organize and Bargain Collectively.--The law 
provides a legal structure for collective bargaining, which was 
practiced nationally, but not always adhered to at the local level. 
Labor unions alleged that many employers failed to bargain in good 
faith or to adhere to agreements that were concluded.
    The law prohibits antiunion discrimination and includes a provision 
for a six month salary payment as compensation for illegal dismissal.
    There were reports that some employees faced harassment and 
discrimination for their labor activism; due to weaknesses in the 
judiciary, activists had difficulty seeking recourse in such instances. 
Although less frequent than in previous years, 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. There were reports of employers deducting dues from workers' 
salaries and not passing them on to the unions.
    There are no special laws or exemptions from regular labor laws in 
the country's six 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. Children were sometimes forced to 
work due to economic conditions or because of pressure from family 
members or criminal organizations. Women and children were trafficked 
for commercial sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, including a prohibition on forced or compulsory labor 
and policies regarding acceptable working conditions. The Government 
was somewhat effective at implementing these laws and policies in 
practice.
    The law sets the minimum age for employment at 16 years and the 
minimum age for dangerous work at 18 years; employers and the Ministry 
of Labor and Social Policy are 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 (particularly small, family-owned shops, textile factories, 
restaurants, construction, and periodical sales) and by organized crime 
(notably for commercial sexual exploitation and the distribution of 
narcotics). Besides trafficking for commercial sexual exploitation, the 
worst forms of child labor included heavy physical labor and health 
hazards on family tobacco farms, particularly among the ethnic Turkish 
minority. In 2007 the Ministry of Labor and Social Policy's general 
labor inspectorate reported 127 cases of unlicensed, underage workers. 
All of these reports were related to children working without a permit 
in the service industry. From January to June the inspectorate found 25 
such violations.
    The Government continued programs to eliminate the worst forms of 
child labor using educational campaigns about the effects of child 
labor and intervened to protect, withdraw, rehabilitate, and 
reintegrate children engaged in the worst forms of child labor. 
According to the labor inspectorate, recent welfare payments to 
families whose children regularly attend schools contributed to a drop 
in the number of unregistered child workers. The opportunity for 
students at vocation school to gain work permits as well as increased 
travel opportunities with the country's accession to the EU also 
contributed to the decline in child labor.

    Acceptable Conditions of Work.--During the year the Government 
approved and implemented an increase in the national minimum wage to 
220 leva (approximately $158) per month. While this wage did not 
provide a decent standard of living for a worker and family, many 
workers were paid more under the table to avoid taxes.
    The law provides for a standard workweek of 40 hours with at least 
one 24 hour rest period per week. The Ministry of Labor and Social 
Policy is responsible for enforcing both the minimum wage and the 
standard workweek. Premium pay for work in excess of 40 hours per week 
was supposed to be negotiated between employers and employees. The law 
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 law prohibits overtime for children under 
age 18, pregnant women, and women with children up to age six. 
Enforcement generally was effective in the state sector but was weaker 
in the private sector.
    A national labor safety program, with standards established by law, 
gives employees the right to healthy and nonhazardous working 
conditions. The Ministry of Labor and Social Policy is responsible for 
enforcement and was generally effective. After particularly disturbing 
reports of unhealthy conditions in private factories, including the 
2006 death of two seamstresses in a Dupnitsa shoe factory, the 
Government improved oversight.
    The law gives employees 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, refusal to 
work in such situations could result in the loss of employment.

                               __________

                                CROATIA

    The Republic of Croatia is a constitutional parliamentary democracy 
with a population of 4.4 million. Legislative authority is vested in 
the unicameral Sabor (parliament). The President serves as head of 
state and commander of the armed forces, cooperating in formulation and 
execution of foreign policy; he also nominates the prime minister, who 
leads the Government. Domestic and international observers stated that 
the November 2007 parliamentary elections were in accord with 
international standards.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The judicial 
system suffered from a case backlog, although courts somewhat reduced 
the number of unresolved cases awaiting trial. Intimidation of some 
witnesses in domestic war crimes trials remained a problem. The 
Government made little progress in restituting property nationalized by 
the Yugoslav communist regime to non-Roman Catholic religious groups. 
Societal violence and discrimination against ethnic minorities, 
particularly Serbs and Roma, remained a problem. Violence and 
discrimination against women continued. Trafficking in persons, 
violence and discrimination against homosexuals, and discrimination 
against persons with HIV/AIDS were also reported.
                        respect for 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 arbitrary or 
unlawful killings.
    During the year one mine removal expert and one civilian were 
killed, and one mine removal experts and two civilians were severely 
injured.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In September the Government reported that 1,940 persons remained 
missing from the 1991-95 military conflict, including an estimated 873 
ethnic Serbs. During the year the Government investigated 36 possible 
mass and individual gravesites, resulting in the exhumation of seven 
persons. The Government identified the remains of 44 persons found 
earlier.
    In order to resolve more effectively cases of unidentified remains, 
the Government organized drives in 28 cities throughout the country to 
collect blood samples from the families of persons missing from the 
war. The Government collected 658 samples and submitted them to a DNA 
database. To date the Government has exhumed 4,410 bodies and 
identified 3,498 missing persons.
    The Government handled all exhumations and identifications, while 
the International Criminal Tribunal for the former Yugoslavia (ICTY) 
monitored only the sites related to cases it investigated. The 
International Commission on Missing Persons assisted in the 
identification of remains.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
centers continued to suffer from overcrowding and a shortage of 
capacity.
    In June the Ministry of Justice established a committee to propose 
recommendations for the improvement of prison conditions. According to 
the ombudsman, although overcrowding and a lack of recreational 
opportunities were problems, the prisons treated prisoners humanely. 
There were no reported cases of discrimination against ethnic 
minorities in prisons. During the year the European Court for Human 
Rights (ECHR) ruled in favor of a prisoner who sued for lack of 
adequate medical care in Lepoglava prison. The ECHR levied damages 
amounting to 2,000 euros ($2,800).
    In November the media reported that corruption in the prisons 
allowed some prisoners to receive extra privileges including those 
proscribed by law, such as access to drugs. In the wake of these 
reports, the minister of justice announced widespread changes to the 
prison system. The changes began in November when the countries' 
wardens were temporarily rotated to a different prison to evaluate and 
report on the condition of the prison to which they were transferred. 
This led to the firing of one warden for failure to protect female 
employees from sexual harassment.
    The Government permitted visits by independent human rights 
observers, including the International Committee of the Red Cross 
(ICRC).
    On October 9, the Council of Europe's Committee for the Prevention 
of Torture (CPT) published a report on its May 2007 visit of the 
country's prison and detention facilities. The CPT found that, while 
the country's authorities generally respected detainees' rights, some 
detainees complained that police and prison guards beat them while in 
custody. In addition the report said that in some cases, prosecutors 
and police undermined an accused person's right to an attorney by 
calling an individual in for an ``informative talk'' (without the 
presence of counsel) that sometimes lasted several hours and frequently 
led to an indictment.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The intelligence 
service is under the authority of the prime minister and president. The 
national police have primary responsibility for national security; in 
times of disorder, the prime minister and the president may call upon 
the military to provide security. An independent oversight board 
monitors intelligence service performance.
    On October 6, the prime minister replaced the interior and Justice 
Ministers and the head of the national police, pledging to crack down 
on organized crime. The prime minister made the announcement after a 
gunman killed the daughter of a prominent lawyer in downtown Zagreb. On 
October 23, a car bomb killed Ivo Pukanic, a publisher and co-owner of 
the NCL Media Group, and his colleague in downtown Zagreb. Police 
arrested five suspects connected with the second killing, while several 
wanted persons remained at large; at year's end police had not yet 
identified the persons who ordered the killings.
    During October the Government unveiled new antimafia measures that 
to boost cooperation among authorities responsible for security. By 
November the National Security Council (NSC) had approved to the 
Government's package of antimafia laws/measures, which contain 
significant legislative and institutional changes. The changes include 
the establishment of a National Office for the Suppression of Organized 
Crime and Corruption within the Ministry of Interior in line with the 
Government's strategy for the fight against corruption and organized 
crime, and at year's end, the office was partially staffed. Reforms 
within the police resulted in the replacement or reassignment of 75 
percent of police managers with a focus for the appointments based on 
professional background and expertise rather than political 
connections. The police reported very good cooperation with the Bosnian 
and Serbian law enforcement officials regarding investigations into the 
high-profile killings in Zagreb.

    Arrest and Detention.--Police obtained arrest warrants by 
presenting 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.
    Police must provide those arrested with access to an attorney of 
their choice within 24 hours of arrest. The magistrate appoints an 
attorney to represent an indigent detainee if the case involves long-
term sentences. The Government generally enforced this right in 
practice. The investigative judge must decide whether to extend a 
detention for further investigation within 48 hours of an arrest. 
Investigative detention generally lasted up to 30 days; however, trial 
courts could extend the period up to 12 months in certain cases. The 
law allows six months' pretrial detention, but a court can extend it to 
12 months in certain cases, primarily war crimes and organized crime 
cases, at the state prosecutor's request. The courts may release 
detainees on their own recognizance pending further proceedings, 
although most criminal suspects were held in custody pending trial. The 
option of posting bail after an indictment is available, but detainees 
did not commonly exercise the right. Detention centers also allowed 
visits by family members.
    On June 29, the Split County Court convicted U.S. citizen Mitar 
Arambasic for war crimes against civilians and prisoners in a retrial 
of his 1997 in-absentia conviction on the same charges. The court 
upheld the original in-absentia judgment as well as the original 20-
year sentence.
    On October 24, the Sisak County Court acquitted U.S. citizen Zeljko 
Vrljanovic of being a member of a Serbian army reconnaissance group 
that in 1993 murdered a local Croatian army officer, his wife, and 
their two children. The court convicted a second defendant, Branislav 
Miscevic, and sentenced him to the maximum penalty of 20 years in 
prison.

    Amnesty.--The law provides for amnesty except in cases of war 
crimes. In practice, when investigations failed to substantiate 
original charges of war crimes, courts convicted the defendants on 
reduced charges, thereby facilitating amnesty. This practice resolved 
the case for the court without further investigation and allows the 
defendant to go free, but it disregarded the future repercussions that 
a criminal record could have on potentially innocent defendants, 
particularly with regard to employment.
    During the year, the Organization for Security and Cooperation in 
Europe (OSCE) reported one amnesty case, that of Dusan Maslovar, whom 
the Government extradited from Greece based on a war crimes 
investigation. After extradition the Government reclassified the 
investigation as armed rebellion, applied amnesty, and released him 
from detention.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary. The judiciary continued to suffer from a 
heavy backlog of cases. The Ministry of Justice reported that as of 
September 30, 941,827 cases remained unresolved before courts.
    The judicial system consists of municipal and county courts, 
commercial and misdemeanor courts, an administrative court, and the 
Supreme Court. The Constitutional Court determines the 
constitutionality of laws, governmental acts, and elections. A parallel 
commercial court system adjudicates commercial and contractual 
disputes. The State Judicial Council appoints, disciplines, and, if 
necessary, removes judges. The parliament appoints the chief state 
prosecutor, who appoints chief state attorneys at the county and 
municipal level; the State Prosecutorial Council, a disciplinary body 
appointed by the parliament, appoints and disciplines deputy 
prosecutors.

    Trial Procedures.--The constitution and law provide for the right 
to a public trial, and an independent judiciary generally enforced this 
right. The legal system uses panels of judges, which in some cases 
include lay judges, rather than juries, to hear cases. Defendants have 
the right to counsel, to be present at trial, to confront or question 
witnesses against them, and to present witnesses and evidence on their 
behalf. Defendants have access to evidence relevant to their cases and 
enjoy the presumption of innocence right to appeal.
    OSCE observers reported that several problems existed with the 
country's institutions for determining war crimes accountability, 
although they continued to take steps conducive to achieving an 
equitable system. There were indications both of ``over-'' and ``under-
prosecution.'' Although there were Croats on trial for war crimes, 
Serbs constituted the majority of the accused persons. Several 
indictments and/or trials of Croatians accused of war crimes occurred 
during the year. In addition, on October 9, the Office of the Chief 
State Prosecutor issued instructions to all offices on war crimes to 
ensure uniform practices regardless of national origin of the suspect.
    During the year, the OSCE reported that the Supreme Court reversed 
trial court verdicts and remanded for retrial approximately 40 percent 
of individual appeals. The OSCE monitored 33 cases at the Supreme Court 
involving appeals of trial court verdicts for 58 individuals (41 ethnic 
Serbs, 15 ethnic Croats, one ethnic Bosniak, and one ethnic Albanian). 
Of these the court ruled on 19 individual appeals. The longest pending 
appeals tended to be state appeals of acquittals and appeals in which 
less than the minimum sentence had been imposed. At year's end, several 
undecided appeals had been pending up to four years. The OSCE reported 
that in appeals where less than the minimum sentence had been imposed, 
many of the defendants were imprisoned for almost the entire sentence 
before the Supreme Court review.
    The OSCE reported that almost half of defendants on trial during 
the year for war crimes were in absentia. For example, in the Vukovar 
County Court, an in-absentia trial was ongoing against one Serb, with 
two other trials ongoing partially in absentia, with 23 out of 25 Serb 
accused not present. In the Sisak County Court, one trial involving two 
Serbs was partially in absentia (one Serb was present), while another 
trial in the Osijek County Court was ongoing against three Serbs, one 
of whom was not present.
    On May 15, the chief state prosecutors from Bosnia and Herzegovina, 
Croatia, Macedonia, Montenegro, and Serbia together with the ICTY chief 
prosecutor met to discuss enhancing intergovernmental cooperation for 
the purpose of ensuring individual accountability for war crimes and 
coordinating efforts on the regional level to bridge the existing 
impunity gap. The conference was the second one organized under the 
auspices of the Croatian chief state prosecutor. The main issues 
covered at the conference were the creation of respective case 
inventories, data sharing procedures, exchange of best practices, and 
development of various prosecutorial tools.
    During the year, the chief state prosecutor reported excellent 
cooperation with other countries in the region, especially Serbia and 
Montenegro.
    A 2007 UN Development Program (UNDP) survey on support to victims 
and witnesses of crimes found that the country's regulations remained 
inadequate, particularly with regard to the provision of free legal 
aid, payment of compensation for damages, and protection of witnesses 
and their privacy. The Ministries of Justice and Interior have separate 
units to support and protect witnesses and victims. During the year the 
UNDP office in Zagreb, together with the Ministry of Justice and 
presidents of four courts, hired eight professionals who were 
responsible for providing support to witness and victims, not only to 
the persons who testify in war crimes trials but also to witnesses who 
testify in complex criminal cases. In the first three months of the 
pilot program, the offices assisted more than 100 persons.
    On November 4, the trial began again in Zagreb of the country's 
highest-ranking politician ever charged with war crimes, 
parliamentarian Branimir Glavas, and five codefendants for the murder 
of ethnic Serbs in Osijek in the early 1990s.
    OSCE trial monitors reported that, although trial testimony was 
confidential, the public indictment as well as publication of 
statements from the judicial investigation by the media and on Glavas' 
Web site made the basic content of the trial widely known. In September 
the court ordered the restart of the trial because a recess in the case 
had lasted more than two months, which is impermissible under the law. 
The trial was ongoing at year's end.
    On July 7, the Osijek County Court convicted Antun Gudelj, former 
Osijek police officer, of murdering the chief of the Osijek police, 
Josip-Reihl-Kir, and two local officials and attempted murder of a 
fourth. The conviction was a retrial of an in-absentia conviction after 
authorities extradited Gudelj from Australia. The court sentenced 
Gudelj to 20 years' imprisonment.
    Vukovar County Court indicted five former Croatian soldiers for the 
1992 murder of the Olujic family, whose members were ethnic Serbs, in 
the village of Cerna. The court sentenced five Croats to imprisonment 
for periods ranging from seven to 20 years. At year's end an appeal was 
pending at the Supreme Court.
    On April 18, the Vukovar County Court restarted for the third time 
the trial that began in 2005 against 22 Serbs and Ruthenians, 17 of 
whom were not present, charged with genocide for participation as part 
of Serb paramilitary forces in the killing, severe injury, and forced 
resettlement of Ruthenians and other non-Serbs from the village of 
Miklusevci (near Vukovar) in late 1991 and 1992. On January 17, the 
Vukovar State Prosecutor dropped charges against two accused who had 
been at the trial as well as on an in-absentia defendant, on the 
grounds that the charges against them did not rise to the level of 
genocide. On January 11, the Vukovar County Court for the first time 
appointed an attorney to represent each of the accused. Previously, 
although the court considered the defendants coperpetrators, a single 
attorney represented all six.
    During the year state prosecutors continued to review all open war 
crimes cases, eliminating unsubstantiated charges. On October 9, the 
chief state prosecutor issued written mandatory instructions regulating 
the application of the Basic Criminal Code and the Criminal Procedure 
Code, and the criteria for criminal prosecution of war crimes cases. 
The document lays out prosecution standards for war crimes cases and 
review mechanisms for in-absentia war crimes cases. The prosecutor sent 
the instruction to respective county state attorney offices throughout 
the country.
    Since constitutions of most South East European countries involved 
in the 1991-95 conflict prohibit extradition of their citizens, the 
chief state prosecutor has signed agreements with counterparts in 
Montenegro and Serbia to enable the transfer of evidence in such cases, 
thereby allowing suspects to be tried where they lived rather than 
where the crime was committed. During the year the Chief State 
Prosecutor's Office worked with counterparts in Serbia and Montenegro 
to transfer investigative materials and evidence needed for prosecution 
of persons suspected of war crimes by Croatia. During the year these 
agreements resulted in charges being filed against eight defendants in 
Montenegro and more than 10 indictments in Serbia, with one conviction.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There was an independent 
and impartial judiciary in civil matters, although continuing case 
backlogs raised concerns about judicial effectiveness and efficiency.

    Property Restitution.--During the year the Government worked 
towards completion of its program to return occupied private properties 
to their rightful owners; however, the property law implicitly favors 
ethnic Croats over ethnic Serbs by giving precedence to the right of 
temporary occupants, who were mainly ethnic Croats, to that of original 
owners, predominantly ethnic Serbs who lost possession during the 
1990s. In 11 cases, owners could not repossess their homes and were 
waiting for completion of administrative procedures. At the same time, 
34 owners of agricultural land with unclear title could not take 
possession of their plots, mostly in the Zadar hinterland. During the 
year the Government took steps to speed up the process. In June it 
provided a detailed plan to offer compensation to current users for the 
investments made on the land over the years, a potential subject of 
lengthy lawsuits.
    Restitution of property seized during World War II and the 
Communist era remained an issue.
    The law on restitution and compensation of property taken during 
the time of the Yugoslav Communist government permits the restitution 
of property only to individuals who were citizens at the time the 
parliament passed the law. As a result the law does not apply to 
persons who had property expropriated but left the country and became 
citizens of other countries. Many claimants have since acquired 
Croatian citizenship but still cannot file claims.
    Restitution of communal property remained a problem for all major 
religious groups except the Islamic Community.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law generally 
provide for freedom of speech and the press; however, some government 
influence over the media continued, and there were reports of 
increasing pressure from commercial interests.
    The law provides for no less than six months' and no more than five 
years' imprisonment for hate speech. Hate speech committed over the 
Internet is punishable by six months' to three years' imprisonment.
    A wide range of private newspapers and magazines were published 
without government interference. Media ownership was not fully 
transparent in spite of the media law, making it possible for political 
or other interests to conceal their influence on media outlets.
    The law regulates the national television (HTV) and radio (HRT) 
network separately from other electronic media. Independent television 
and radio stations operated in the country, and two of the four 
national television channels were private.
    Local governments partly or fully owned approximately 70 percent of 
the local media, making local broadcast media particularly vulnerable 
to political pressure. Approximately 46 percent of local radio stations 
depended on the financial support of local authorities. On August 10, 
newspapers reported that the Social Democratic Party (SDP), the largest 
opposition party, complained to the Electronic Media Council that the 
ruling party, the Croatian Democratic Union (HDZ), controlled the 
majority of local television stations. In May a group of respected 
journalists sent a letter to the European Union warning that 
individuals close to the HDZ were taking over a large number of local 
radio stations in order to influence local elections scheduled for the 
spring of 2009. The journalists requested that the Ministry of Culture, 
which is responsible for media legislation and the Electronic Media 
Agency, urgently review these media outlets' ownership structures, 
program activities, and financial management.
    On World Press Freedom Day in May, the Croatian Journalists 
Association (CJA) pointed out that the concentration of ownership and 
the power of big advertisers increasingly jeopardized freedom of the 
media. The CJA also warned that ``pressures on certain media owned by 
the state and local authorities continue, but the economic pressures on 
the owners, and through them, indirectly, on journalists, have become 
more prominent.''
    On January 3, police returned equipment, including computers, 
compact discs and some of the documents they had seized from free-lance 
journalist Zeljko Peratovic. Police arrested Peratovic in October 2007 
and released him the day after his arrest. According to Peratovic, the 
police erased material from his computers and refused to return between 
2,500 and 3,000 pages of documents.
    In February the local press reported that Nebojsa Magdic, a Radio 
Ogulin journalist, had his salary reduced by 20 percent for January 
because he criticized the minister of science, education, and sports 
and a member of parliament. The town of Ogulin owned 75 percent of 
Radio Ogulin, according to Rijeka-based Novi List.
    War crime topics remained a sensitive issue for media, and 
journalists faced pressure because of their reporting on them. On 
February 12, journalist Drago Hedl received a death threat letter. Hedl 
has investigated war crimes committed against civilians in the eastern 
city of Osijek in 1991. Several other individuals involved in the trial 
received the same letter. The CJA requested police protection for Hedl.
    The police arrested a suspect in the May 25 attack on Filip Brala, 
a photojournalist for Zadarski List and Zagreb-based national daily 
newspaper 24 Sata, who was attacked while filming a soccer game in 
Gorica. Police also detained a suspect in the May 20 attack of on 
Danijela Banko, Zadar-based Narodni List journalist. She sustained 
severe bruises and required hospitalization. The CJA warned that this 
attack was just ``one in a series of increasing attacks on 
journalists'' in the country.
    On June 2, two unidentified men beat investigative journalist Dusan 
Miljus with baseball bats in a parking lot near his house in Zagreb. 
Authorities hospitalized Miljus with a concussion, a broken arm, and 
facial injuries. Miljus covered organized crime and corruption for 
Zagreb-based national daily newspaper Jutarnji List and had reported on 
many sensitive topics over the preceding year, including investigations 
into alleged illegal arms production and trafficking in the country. 
Prime Minister Sanader stated that the Government would take every 
measure possible to bring to justice those responsible for the attack 
on Miljus. President Mesic also criticized the assault, adding that he 
considered it an attack not only on investigative journalism, but on 
freedom of media in general.
    On July 9, one of Miljus' relatives received a telephone call 
threatening to harm members of Miljus' family if he did not stop his 
investigative journalism. The unknown male caller also clearly 
indicated that he had information about Miljus' family members. The 
Secretary General of the South East Europe Media Organization (SEEMO) 
stated that he was ``alarmed about these new threats and the police's 
continued failure to track the assailants responsible for the June 
attack on Miljus.'' At year's end the investigation was ongoing, and 
Miljus was under 24-hour police protection.
    On June 9, police presented Makarska Kronika, a local Makarska-
based weekly, with a Split County Court search warrant requesting 
information on the identity of the person who posted a commentary on 
the weekly's Internet portal with information about alleged criminal 
activities involving construction businesses and local authorities. 
Makarska Kronika refused to identify the person. The CJA criticized the 
operation, accusing police of pressuring the newspaper.
    On October 29, police arrested and charged individuals suspected of 
being involved in the October 23 killing of Ivo Pukanic, a publisher 
and co-owner of the NCL Media Group in Zagreb, and Niko Franjic, the 
marketing director of the weekly newspaper Nacional, which NCL 
published. At year's end, police were investigating the killings.
    On November 27, Drago Hedl, ``Jutarnji list'' commentator and 
journalist, received a text message threatening to ``massacre'' him. On 
November 20, Hrvoje Appelt, a journalist for Globus, found a device 
that looked like a bomb under his car. Appelt had recently published 
articles about smuggling activities in the country. According to press 
reports, both Appelt and Hedl received police protection after the 
threats. The CJA condemned both threats and requested the police to 
find the perpetrators as soon as possible and protect journalists. On 
December 4, police reported that a police officer, Krunoslave Fehir, 
was responsible for the message sent to Hedl. Fehir is a key witness in 
a war crimes trial, and his lawyer claimed that Fehir wanted to bring 
attention to himself. Authorities charged Fehir, suspended him from his 
duties, and initiated a disciplinary procedure against him.
    Libel is a criminal offense; in recent years there were no reports 
of politically motivated libel cases. However, a large number of libel 
cases from previous years remained unresolved due to judicial backlogs. 
Courts may fine, but not imprison, persons convicted of slander and 
libel.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. In general individuals and groups could engage in 
the peaceful expression of views via the Internet, including by e-mail. 
Internet access was widely available and used by citizens throughout 
the country.
    On November 28, police questioned a man from Dubrovnik and searched 
his home and computer under suspicion that he posted a photomontage of 
Prime Minister Sanader in Nazi uniform on the social networking site 
Facebook. Fascist propaganda and Nazi symbols are banned under the law. 
No charges were brought in the case.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government generally respected this right in practice. The law 
prohibits political protests in Zagreb's St. Mark's Square, adjacent to 
the parliament and government offices. In December police briefly 
detained a young man posting fliers for an antigovernment protest in 
Zagreb. A similar incident for the same protest was reported in Zadar. 
Police incorrectly believed the protest did not have the correct 
permits. The organizers of the protest used Internet social networking 
sites. Police later apologized for the detention, and the officers 
involved were reprimanded. The protest occurred without incident a few 
days later.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice; however, the law grants discretionary power to the 
Ministry of Justice over the establishment and internal governance of 
foundations. While authorities applied the law equally to all 
organizations, the law itself is restrictive and controlling. For 
example, the law provides that organizations may not register if their 
statutory goals are deemed trivial or if their property is not deemed 
sufficient to carry out their statutory activities. The law also 
permits the Government to influence the appointment of an 
organization's management body.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of conscience and religion and free public profession of 
religious conviction, and the Government generally respected these 
rights in practice. There is no official state religion; however, the 
Roman Catholic Church has a historic and close relationship with the 
state that other religious groups did not share.
    In May the Government offered a joint agreement, similar to 
agreements it has with other religious communities in the country, to 
the Coordinating Committee of Jewish Communities in Croatia (CCJC) and 
the more recently formed Jewish religious community, Bet Israel. The 
CCJC declined the offer insisting on an independent agreement. The CCJC 
also objected to government funding for the communities, asserting that 
the smaller Bet Israel received funding disproportionate to its size. 
On October 24, Bet Israel signed the agreement with the Government.
    The law requires a group to have at least 500 members and to have 
been registered as an association for five years to register as a 
religious community. Registered communities have legal personality and 
enjoy tax and other benefits. However, all religious groups in the 
country prior to the 2003 passage of the law were in the process of 
registering without having to meet such conditions. By year's end a 
total of 43 religious communities registered, and 12 additional 
communities were awaiting registration. The Croatian Helsinki Committee 
and several smaller religious groups, who were registered but were not 
able to sign an agreement with the state, criticized the criteria for 
signing such agreements and alleged that authorities applied them 
inconsistently.
    The Government required schools to provide religious training, 
although attendance was optional. Because 85 percent of the population 
is Roman Catholic, the Catholic catechism was the predominant religious 
teaching in public schools. Schools that met the quota of seven 
students per class of a minority faith allowed separate religion 
classes to be held for the students. Serbian Orthodox Church (SPC) 
officials continued to report that many schoolchildren and their 
parents, particularly in cities where Serbian Orthodox believers do not 
live in compact communities, remained reluctant to identify themselves 
as Serb Orthodox to avoid being singled out. However, church officials 
also reported that the situation had improved, with an increase of 
students attending such classes in areas with a Serb majority, such as 
Knin and Donji Lapac.
    The Government made little progress restituting property 
nationalized during the World War II era to most major religious 
communities, although Roman Catholic Church officials reported in June 
that the Government was willing to settle the outstanding claims. The 
Government made progress in restoring property to the Catholic Church, 
including the return of the King Tomislav army barracks. The SPC, the 
second largest claimant of property after the Catholic Church, reported 
that the Government had not restituted any property during the year. On 
November 10, the SPC issued a press release protesting the sale and 
demolition of the Zagreb Cinema building. There was no progress 
returning nationalized property to the CCJC in Zagreb. In 2006 the 
prime minister announced partial government funding for the 
reconstruction of the synagogue in Zagreb, which was destroyed during 
World War II. The CCJC refused the Government's plans, disputing some 
of its conditions, including participation of Bet Israel in the 
project.

    Societal Abuses and Discrimination.--Societal violence and physical 
abuse of religious minorities were problems.
    The SPC in Dalmatia and its hinterlands continued to report 
sporadic attacks on its property and clergy.
    On March 21, an Orthodox Church from the Eparchy of Dalmatia 
reported that unidentified persons broke into the Benkovac parish yard 
and smashed a car windshield. The attack occurred days after an article 
in the local paper that blamed the priest residing there for erasing 
the country's coat of arms from his license plates. The police 
investigated but did not find the persons responsible.
    Serbian Orthodox clergy in Dalmatia and ethnic Serb leaders 
continued to remark that the positive overtures of the central 
government stood in contrast to that of local authorities, law 
enforcement, and judiciary, which continued to discriminate against 
Serbs. For example, Serbian Orthodox clergy who arrived from Serbia, 
Bosnia and Herzegovina, and Montenegro faced bureaucratic obstacles in 
obtaining longer-term residency permits that entitled holders to 
benefits such as health care and pensions. Authorities required the 
priests to renew their status at relatively short intervals that 
interrupted their stay, preventing them from accumulating the years of 
residency needed for a more permanent status. In January a new Law on 
Foreigners entered into force that limits the stay of foreigners to six 
months, followed by six months outside the country. The law did not 
list foreign clergy among categories of citizens exempt from this 
limitation.
    The Jewish community has approximately 2,000 members. There were 
acts with anti-Semitic overtones reported during the year. For example, 
local NGOs and the police spotted fans who brandished pro-Nazi Ustasha 
symbols and chanted offensive slogans at the concert of the 
controversial ultranationalist singer Thompson in Zagreb at the end 
May. The Zagreb city government, which cosponsored the concert, 
subsequently criticized the display of Ustasha iconography at the 
event. In July the misdemeanor court in Zagreb fined a young man 1,600 
kunas ($308) for wearing a hat with the Ustasha symbol at the concert. 
In June the media reported that an estimated 12 high school graduates 
from Makarska published their pictures with swastikas in their 
yearbook. The students publicly apologized, and prosecutors did not 
find grounds to take legal action. Alluding to that case and the 
presence of youth at the Thompson concert, the president of the 
Coordination of Jewish Communities, Ognjen Kraus, in August wrote a 
letter to the minister of education, criticizing the school system and 
recent school reforms for failing to educate the young about the 
Holocaust and the nature of the Ustasha regime. The prime minister and 
senior government officials also criticized displays of Ustaha symbols 
as ``misguided'' and damaging to the country's national interests.
    On July 20, the former commander of the World War II Ustasha-run 
concentration camp Jasenovac, Dinko Sakic, died in a prison hospital 
while serving a 20-year sentence and was reportedly buried in his 
Ustasha uniform in Zagreb. The president of the Simon Wiesenthal 
Center, Efraim Zuroff, wrote President Stipe Mesic in August to protest 
that the priest presiding over the burial praised Sakic as model for 
all Croatians. The President's Office responded that it ``expected 
responsible institutions to take the necessary steps to prevent Dinko 
Sakic's funeral from damaging the country's reputation or inflicting 
long-term damaging effects on a disoriented young population.'' State 
prosecutors investigated the case but did not find sufficient evidence 
to press charges, since any display of the uniform had been in private.
    In August an individual placed a plaque dedicated to the Black 
Legion Ustasha commander Jure Francetic close to the Holy Trinity 
church in Slunj. Citizens immediately notified police, who removed the 
plaque, but filed no charges against the person.
    On September 21, local authorities in Pakovo Selo near Drnis 
removed a monument dedicated to a local platoon that fought in the 
1991-95 war. The monument was in the shape of the letter ``U'' and 
resembled an Ustasha symbol; local residents claimed the resemblance 
was not intentional.
    In April the county prosecutor in Pozega decided that there were no 
grounds to bring charges in the February 2007 case of production of 
sugar packets with Hitler's image, because the prosecutor could not 
establish that the factory owner had the intention to spread hatred.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.
    Refugees returning to the country as citizens of another former 
Yugoslav republic rather than as Croatian citizens encountered 
obstacles obtaining permanent residency status. The law permitted 
former habitual residents who returned and applied by June 2005 to be 
reinstated to their prewar status as habitual residents without further 
requirements and could subsequently apply for citizenship. However, the 
Government did not consistently apply this provision. This caused 
uncertainty and delayed integration of returnees. On January 1, the Law 
on Foreigners, which includes a clause that exempts refugees from rigid 
citizenship requirements under the previous law, entered into force.
    The Government took steps to recognize or ``convalidate'' legal and 
administrative documents issued by entities not under the country's 
control during the 1991-95 conflict. In May and June, the Government 
issued a rulebook and a decree allowing citizens to apply for 
recognition of work experience leading to accessing pensions. The 
regulations effectively annulled the 1999 deadline for submission of 
such applications. International observers reported that the Government 
initiated implementation of the new procedure, and the UNHCR registered 
9,200 new applications for convalidation. A total of 616 of these were 
resolved positively, while 794 were resolved negatively. International 
observers noted that some administrative bodies continued to interpret 
the law in a restrictive fashion despite the Government's instruction.
    By September the UNHCR registered a cumulative total of 143,632 
refugee returns to the country, including 951 persons returning up to 
that point in the year. The UNHCR noted that refugees continued return 
at an average level of 2,000 persons a year. According to a 2007 UNCHR 
study, 53 percent of returns were sustainable, and the remainder were 
either one-time or ``commuter'' returns. International organizations 
listed the poor state of the regional economy, which resulted in lack 
of employment and slow access to permanent housing for former tenants 
of socially owned apartments, as the main obstacles to return. To 
address these problems, the Government began implementing a 60 million 
euro ($85 million) social and economic recovery project jointly funded 
by the Government and the World Bank. The project is aimed at 
revitalizing the economy of disadvantaged areas affected by the war and 
promoting interethnic social cohesion. Public hostility toward 
returning ethnic Serb refugees diminished in most parts of the country 
but was still pronounced in the Zadar and Sibenik hinterland region in 
Dalmatia.
    Repossession of Serb houses was almost complete, and reconstruction 
of Serb houses continued. As of September authorities had finished 
repairing damage to 300 out of 400 properties that were eligible for 
repair under the Government protocol for looted properties. There were 
cases of persons attempting to use the courts to recover alleged 
investments they had made while illegally occupying property, and 21 
such cases were pending in the courts. Although the Government adopted 
a process in 2006 to resolve the cases out of court with investors, it 
remained reluctant to offer settlements to investors before the cases 
reached court.
    The Government slowly continued the program to resolve the claims 
of persons, mainly ethnic Serbs, who held tenancy rights in socially 
owned apartments prior to the war but who lost these rights during or 
just after the war. Individuals submitted 13,397 claims for government-
provided housing under the program, 4,559 of which were in urban areas. 
According to the UNHCR, from 1995 through the end of October, the 
Government had allocated 5,557 housing units, mainly in war-affected 
areas. The Ministry of Regional Development, Forestry, and Water 
Management delivered approximately 97 percent of its 2007 target of 
1,400 housing units; by October it had delivered approximately 823 of 
the targeted 1,400 housing units for the year.

    Internally Displaced Persons (IDPs).--Authorities took an 
inconsistent and nonuniform approach to minority IDPs, hampering their 
return. There remained a significant number of IDPs, although not all 
were under the Government's direct care. As of May, 2,687 IDPs had 
registered with the Government; of this number, 1,638 were ethnic 
Serbs.
    The Government allowed free access to all displaced persons by 
domestic and international humanitarian organizations and permitted 
them to provide assistance.

    Protection of Refugees.--The law generally provides for the 
granting of asylum in accordance with the 1951 UN 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 expulsion or return of 
refugees to countries where their lives or freedom would be threatened. 
In January a new law on asylum came into force that observers believed 
was in line with asylum provisions of the UN refugee convention. 
Persons seeking protection generally considered the country a country 
of transit for asylum seekers, and a significant number of asylum 
seekers left the country before courts had reached decisions on their 
claims.
    During the year 105 persons applied for asylum; of these, the 
Government granted two persons subsidiary protection (protection 
granted to an applicant whose situation is not covered by the 1951 UN 
Geneva Convention on the Status of Refugees), rejected 10 persons, and 
dismissed the claims of 50 persons, while nine persons appealed. There 
were 43 cases pending decisions. In May and June, the Government 
granted refugee status to an applicant from Afghanistan and to an 
ethnic Kurd from Turkey. These were only the second and third instances 
since the country's independence that refugee status was granted to an 
applicant from outside the former Yugoslavia. There is a reception 
center for asylum seekers in Kutina, near Zagreb.
    In May the Government introduced a new appeals body, which replaced 
the previous government appeals commission. Observers believed that the 
new Commission for Asylum is an improvement over the previous 
commission because it enjoys a higher level of autonomy and includes 
representatives from civil society and academia. The new commission is 
scheduled to conduct substantive reviews of cases of asylum seekers 
whom it initially rejected. The UNHCR closely followed cases of 
individuals whom the Government deported or whom authorities returned 
to their country of origin.
    There were no reports of persons requesting temporary protection 
during the year.
Section 3. Respect for Political Rights: the Right of Citizens to 
        Change Their Government
    The constitution and law provide 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.

    Elections and Political Participation.--On January 12, coalition 
negotiations following the November 2007 parliamentary elections 
produced a government led by the Croatian Democratic Union (HDZ), with 
the Croatian Peasant Party, Independent Democratic Party of Serbs 
(SDSS), and the Croatian Social Liberal Party represented in the new 
cabinet. While no significant irregularities were reported, the local 
NGO Citizens Organized to Monitor Elections (GONG) estimated that 
registrations of approximately 20 percent of voters abroad (mainly in 
Bosnia-Herzegovina) were outdated on election day.
    Political parties could operate without restriction or outside 
interference.
    There were 32 women in the 153-seat parliament. There were four 
women in the 18-seat cabinet, including two deputy prime ministers and 
the minister of justice. There were six women among the 13 
Constitutional Court justices, including the president of the court, 
and 18 women among the 39 Supreme Court justices.
    There were 10 members of minorities in the parliament, eight of 
whom were elected under special arrangements guaranteeing seats to 
minority representatives. The law requires that ethnic minorities have 
representation in local government bodies if the census showed that a 
minority group constituted at least 5 percent of the local population. 
While authorities generally implemented this provision, the Government 
did not take updated voter lists into account in calculating the number 
of elected minority representatives, as required by law. Use of the 
voters' lists could have resulted in greater minority representation 
due to the return of refugees since the 2001 census.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the laws effectively. The Government's Office for the 
Prevention of Corruption and Organized Crime (USKOK) continued to 
improve its capacity and authority to manage criminal investigations 
since a revised law on USKOK took effect in August 2007. The law 
expanded USKOK's jurisdiction, making it responsible for prosecuting 
acts involving the abuse of power or position by a government official.
    Corruption remained a serious issue, with a nexus of institutions, 
primarily in health care, university faculties, and the judiciary, and 
businesspeople often at the center of corruption cases. Corruption 
cases in the country involved nearly all segments of society, economy, 
and government, but a legal framework for fighting corruption was in 
place. The number of cases prosecuted by USKOK increased substantially 
in comparison with previous years. During the year USKOK concluded 
several cases against high profile civil servants, university 
professors, students, judges, and other professionals. On August 26, 
the county court in Rijeka sentenced surgeon Ognjen Simic to nine years 
in prison in a landmark trial for taking bribes between 1998 and 2006 
from 18 patients who needed urgent heart surgery. The sentence was the 
most severe in a corruption trial to date; Simic fled the country and 
was reportedly a fugitive in Bosnia and Herzegovina, where he also 
holds citizenship and cannot be extradited under Bosnian law.
    During the year authorities indicted 10 persons, including three 
vice-presidents of the Croatian Privatization Fund, on charges of 
corruption, bribe taking and giving, and abuse of authority, after the 
completion of a USKOK investigation. Another vice-president of the fund 
was under investigation in the operation, known as ``Maestro.'' The 
trial for two of the defendants began on November 5, and the trial for 
eight other defendants began on November 10. Both trials were ongoing 
at year's end.
    The law requires public officials to declare their assets. Most 
government officials complied, although there were questions as to 
thoroughness and effectiveness of the system and imprecision as to the 
types of assets covered.
    The law provides the right of public access to government 
information; however, NGOs complained that the Government did not 
implement the law efficiently or effectively. The NGO GONG published 
results of a survey in September showing that 78 government 
institutions did not answer in a timely fashion, or at all, to more 
than 50 percent of 168 requests for information addressed to them. 
According to GONG, 17 of 31 government sessions in the first six months 
of the year were partly closed to the public, and in five cases their 
agendas were not published on the Government's official Web site.
    During the year, USKOK ended its 2005 investigation of possible 
large-scale illegal sales of refugee Serb houses to the Government's 
Agency for Refugee Property (APN) without conclusive results. On May 
14, an administrative court in Zagreb ruled that the APN did not have 
to allow Serb owners access to APN documents, including purchase and 
sales contracts that could potentially reveal illegal transactions. On 
October 28, the State Attorney's Office decided not to appeal this 
decision before the Supreme Court. An NGO representing Serb owners was 
preparing a lawsuit to be filed before the ECHR at the year's end.
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.
    The office for Cooperation with NGOs and other government 
ministries and offices was active in coordinating and promoting NGO and 
governmental efforts on human rights and civil society. The Human 
Rights Center received both UN and government funds during the year. 
The Office for Human Rights was the primary government body responsible 
for developing, coordinating, and implementing the Government's human 
rights policies. While the office did not have authority to investigate 
alleged human rights abuses directly, it cooperated effectively with 
NGOs and the international community to conduct awareness campaigns to 
promote gender equality and women's rights, encourage general 
tolerance, and prevent trafficking in persons. The office also served 
as a liaison body between governmental offices and citizens who 
reported different violations and complaints. The office awarded 
project grants to NGOs to address various human rights problems. It was 
adequately funded and enjoyed the cooperation of other government 
agencies.
    During the year the Office of the Chief State Prosecutor prosecuted 
war crimes committed by ethnic Croats, including several high profile 
cases, and continued its cooperation with the ICTY. On June 4, however, 
an ICTY prosecutor complained that some key documents requested for use 
in ongoing ICTY trials had yet to be handed over by the Government.
    The county court in Zagreb reached a verdict in the case of two 
former army generals, Rahim Ademi and Mirko Norac, whose trial was the 
first case to be formally transferred to Croatia by the ICTY for an in-
country trial. On May 30, the court acquitted Ademi and sentenced Norac 
to seven years in prison for failing to prevent and punish the 
perpetrators of atrocities committed against Serb prisoners ?during a 
1993 military operation. On September 26, the state prosecutors 
appealed Ademi's acquittal and the length of Norac's sentence, as well 
as his acquittal of some charges.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on gender, age, race, 
disability, language, or social status; however, discrimination against 
women, ethnic Serbs, and Roma continued.

    Women.--Rape, including spousal rape, is a crime punishable by one 
to 10 years' imprisonment; however, according to NGOs many women did 
not report rape or spousal rape. The law provides longer sentences for 
sexual violence against persons with disabilities. In rape cases under 
aggravated circumstances that result in death or pregnancy or if the 
victim is a minor, sentences may be between three and 15 years. Due to 
social pressure and stigmatization, rape and sexual violence were 
underreported. Some NGOs that specialized in curbing sexual violence 
remained concerned that there appeared to be no uniform application of 
rape kits or a uniform gynecological protocol for the treatment of rape 
victims. The availability of victim assistance services, such as rape 
crisis centers, varied widely from community to community.
    In the first 11 months of the year, 75 rapes and 20 attempted rapes 
were reported to police. NGO officials estimated that for every 
reported rape, there were three unreported; on average 100 to 140 cases 
of sexual violence and rape occur annually. Other leading women's NGOs 
estimated that the number of unreported rapes was much higher. The NGO 
Women's Room stated that women frequently did not report rape and 
spousal rape because they lacked information about available legal 
protections, felt ashamed, feared reprisal, or, in case of spousal 
rape, were concerned over the economic consequences. Victims were often 
reluctant to report rape, particularly spousal rape, because it was 
difficult to prove in court and because medical staff, police, and 
judiciary were not trained to treat victims. Women's NGOs asserted that 
sentences for spousal rape tended to be lenient.
    Violence against women, including spousal abuse, continued to be a 
problem. The law provides that persons other than the victim, including 
the police, may initiate a domestic violence case, which is treated as 
a misdemeanor. Penalties range from fines of 1,000 to 10,000 kunas 
($193 to $1,930) or up to 60 days in prison. Under the criminal law, 
perpetrators can face up to three years in prison for the same acts. 
Police officials tended to classify domestic violence against women as 
misdemeanors, resulting in minimal sentences. Minimum sentences were 
particularly common in cases of rape. Police officers in most urban 
areas were trained to handle family violence and to provide quick 
intervention, secure victims' safety, and remove perpetrators from 
families; in rural areas police officers were generally less trained in 
handling family violence cases.
    Support for victims of violence was limited. In general private 
donations financed most services, but the Government took some steps to 
address the rising number of domestic violence cases. The Ombudswoman 
for Gender Equality stated that women reported that abuse more 
frequently and that her office received more complaints of domestic 
violence in the first six months of the year (800) than it did in all 
of 2007 (600).
    NGOs and local governments operated 15 shelters, but, according to 
the ombudsman, only five were permanent. On November 25, the Government 
signed contracts with county, city, and civil organizations to 
cofinance shelters and counseling centers for victims of domestic 
violence. The Government planned to allocate 1.64 million kunas 
($308,000) for shelters and counseling centers in 2009. Hot lines, 
counseling, and legal assistance were available to victims of domestic 
violence.
    Prostitution is illegal but widespread and generally punishable by 
fines. Women's organizations claimed that prostitutes faced abuse, 
stigmatization, and public humiliation. There were reports that women 
were trafficked for commercial sexual exploitation.
    The law prohibits sexual harassment in the workplace; however, it 
remained a problem. According to trade unions, the problem was most 
pronounced in the textile and leather, trade, and catering industries. 
The ombudsman for gender equality and unions reported that his office 
worked on sexual harassment cases, although many women were reluctant 
to take action for fear of reprisal.
    Women generally held lower paying positions in the work force. On 
January 23, the Zagreb Institute of Economics presented a study that 
showed that employers paid women on average 21 percent less than men of 
equal age, work experience, and education. The study also found that 25 
percent of employed women held a university degree as opposed to 16 
percent of employed men. In October 2007 the Office for Gender Equality 
published a survey on discrimination indicating that two thirds of 
women experienced some form of discrimination while looking for 
employment. Violations during the job interviews ranged from questions 
about their marital status to plans for pregnancy and comments on their 
physical appearance.
    The Government cooperated with NGOs to promote gender equality; 
however, NGOs remained concerned that the Government lacked 
transparency in the allocation of funds for their programs and in 
sharing information about new procedures. While the NGOs participated 
in drafting legislation promoting gender equality, they believed that 
their impact on the ultimate result was limited.
    The Office for Gender Equality is responsible for implementing the 
Gender Equality Law and formulating the Government's gender policy; the 
ombudsman for gender equality monitored implementation of the law, 
including the submission of mandatory action plans for state 
institutions and public companies. On July 15, a new act on Gender 
Equality came into effect. The new law includes quotas to secure 
increased political representation of women. According to the law, 
women must comprise at least 40 percent of the voting list for each 
political party by the third round of elections on local and national 
levels as well as for the European parliament. During the year only 10 
percent of the members of local representational bodies were female. 
Political parties, state bodies, local authorities, employers, and the 
media can be fined for violating the new law. However, local NGOs 
claimed that the fines were too small to be a deterrent and that the 
Government rarely enforced previous laws with quotas.

    Children.--The Government was generally committed to the rights and 
welfare of children.
    During the year the Government took steps to improve the right of 
national minorities to education in their own languages. On May 16, the 
Ministry of Science, Education, and Sports published state education 
standards that defined in greater detail the terms for organizing 
minority education and provides a greater level of legal security to 
minorities than those put forth in the Constitutional Law on National 
Minorities. In June the ministry established a separate department for 
minorities.
    While education is free and mandatory through grade eight, Romani 
children faced serious obstacles to continuing their education, 
including discrimination in schools and a lack of family support. The 
number of Romani children enrolled in preschool education for the 2008-
09 school year rose to 595 from 509 in 2007. Countrywide statistics for 
primary schools were not available, but the Ministry of Science, 
Education, and Sports reported that in the region of Medjimurje, the 
region with the largest concentration of Roma population, the number of 
new Romani pupils increased to 1,421 from 1,360 in the past year. 
Statistics for another three counties with a high Roma population 
showed an average 10 percent increase. The Ministry of Education 
ascribed the increase to incentives from the Government's Decade for 
Roma action plan, which included a 500 kunas ($96) monthly scholarship 
for high school students and a 1,000 kunas ($200) monthly scholarship 
for university students. The Government distributed 265 scholarships to 
high school Romani students, 110 more than in the previous school year. 
International organizations and local NGOs reported that school 
authorities continued to provide segregated, lower quality classes for 
Romani students in the northern part of the country. On July 17, the 
ECHR rejected a complaint by the parents of 15 Romani children that the 
creation of separate classes for Romani students in several elementary 
schools in the northwestern county of Medimurje was discriminatory. The 
court found that the schools did not set the children apart simply for 
being Roma but that the schools separated them only until their 
language improved to the point where they could join a regular 
classroom.
    Child abuse, including sexual abuse, was a problem. During the year 
police received reports of the following incidents involving children 
and minors: 57 reports of sexual abuse of minors, 157 reports of lewd 
behavior involving a child or a minor, 42 reports of abusing children 
for pornography, and five of pimping children. Information about 
verdicts related for similar acts committed during the year was not 
available at year's end.
    The office of the Ombudsperson for Children reported 609 new 
complaints of individual violations of children's rights through 
August. The office has seen yearly increases in the number of reports 
due in part to the greater visibility and presence of the ombudsman.
    On June 15, the Ministry of Family, War Veterans, and 
Intergenerational Solidarity launched a campaign in cooperation with 
the Council of Europe to prevent corporal punishment. The campaign 
targets families, schools, children's homes and penitentiaries.
    The country has no official statistics on child marriages, however, 
social welfare services believed this to be a problem in the Romani 
community. Common law marriages at the age of 16 and above were 
customary, many times prompted by pregnancies. These marriages were in 
some cases made official when partners reached adulthood.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, the country was a source, destination, and transit 
country for trafficked women and children.
    The country is mainly a transit country for women and girls 
trafficked from countries in Eastern Europe and the Balkans to other 
parts of Europe for prostitution and labor exploitation. The country 
was also a source and destination country for trafficked women. In 
December the Government reported that seven trafficking victims were 
identified during the year; three victims were Croatians, three were 
Bosnians, and one was Serbian. Four of the victims were men trafficked 
for purposes of labor exploitation, one was a woman also trafficked for 
purposes of labor exploitation, while three of the victims were women 
trafficked for sexual exploitation. The Government reported that the 
victims cooperated with police investigations and NGOs.
    Recent trends indicated that 20- to 30-year-old women were most at 
risk of being trafficked. Anecdotal information indicated that 
transnational and domestic organized crime groups were responsible for 
trafficking. Victims were subject to violence, intimidation, 
withholding of documents, and threats by traffickers.
    The law defines trafficking in persons as a crime separate from 
slavery and provides penalties between one and 10 years' imprisonment 
for traffickers. The minimum penalty for trafficking crimes committed 
against a minor is five years' imprisonment. If a criminal organization 
committed the crime and it resulted in death, the penalty is five 
years' to life imprisonment. The law provides criminal sanctions of 
three months' to three years' imprisonment for using the services of 
trafficked persons.
    As of October, the Ministry of Interior had arrested and instituted 
criminal proceedings against 10 persons. The Government reported two 
final trafficking convictions against three persons in which the court 
sentenced the defendants to prison terms ranging from one year to 18 
months. The Government also issued three indictments against seven 
persons during the year.
    The Government has a national committee for the suppression of 
trafficking in persons and a national coordinator for trafficking 
issues, who is also the head of the Government's human rights office. 
Agencies responsible for the suppression of trafficking included the 
Ministries of Foreign Affairs Justice, Interior, Health, Social Care, 
and Education, and the Office of the State Prosecutor. Police 
participated in international investigations through the Southeastern 
European Cooperative Initiative (SECI) regional center in Bucharest. 
Police continued to cooperate with both short- and long-term advisors 
from Germany and Austria. In addition, police had an active role in the 
Mirage working group from the SECI regional center and reported strong 
cooperation with Europol and Interpol in combating trafficking in 
persons.
    There were no specific reports that government officials were 
involved in trafficking.
    During the year the Government did not deport or punish victims of 
trafficking and cooperated with NGOs and with the International 
Organization for Migration (IOM) mission to offer all necessary 
assistance to victims. While the law criminalizes international 
prostitution and unauthorized border crossings, it exempts trafficking 
victims from prosecution. Similarly, the law allows authorities to 
charge foreign prostitutes with a misdemeanor and initiate deportation 
proceedings if they do not fulfill legal requirements for their stay in 
the country, but it exempts trafficking victims from deportation.
    The Government has a legal framework to provide for victim 
assistance, and there were support services available for trafficking 
victims. The Government continued to finance shelters for adult and 
minor trafficking victims. The Croatian Red Cross, in cooperation with 
the Government, operated four reception shelters for victims. The 
Government offered assistance to all victims. The Government provided 
services jointly with local NGOs and the IOM. During the year the 
Government cofunded a one million euro ($1.4 million) Community 
Assistance for Reconstruction, Development, and Stabilization program 
with the EU that provided education on trafficking in persons to 314 
persons, including social workers, health care workers, police 
officials, and government lawyers.
    The Law on Foreigners regulates the status of foreign victims of 
trafficking. The law defines methods of identification and the scope of 
assistance and the respective bodies that are responsible for offering 
victim assistance. The law establishes a ``reflection period'' for 
adult victims of 30 days and for minor victims of 90 days. The law 
specifies different forms of assistance that should be offered to 
foreign victims, including safe accommodation, financial support, 
education and training, and assistance with regard to work. The law 
also provides for temporary residence permits, initially from six 
months to one year, which the Government can extend based on a 
subsequent needs assessment.
    The Government continued to broadcast public awareness campaigns 
produced during the previous years and continued to support an NGO hot 
line, alternative shelters, and two traditional shelters. Government 
information campaigns targeted children and adults as potential 
victims, while another targeted potential clients of those who were 
trafficked.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and in the provision of other state services; however, 
discrimination occurred.
    The Government maintained 10 counseling centers that offered 
assistance to persons with disabilities and their families. During the 
year the Government also opened a separate department for persons with 
disabilities at the employment agency, aimed at increasing employment 
rates. A total of 1,267 persons with disabilities were employed during 
the year, while the number of unemployed was 5,703. This was a slight 
decrease from previous years. Employment bureau analysts ascribed this 
decrease to slowdowns in the global and national economies during the 
year.
    On June 9, the parliament appointed the first ombudsman for persons 
with disabilities. The new ombudsman established an office in Zagreb in 
September and continued to staff it in October.
    During the year parliamentarian Vesna Skulic continued to criticize 
the lack of transparency in the management of the Government's fund for 
professional rehabilitation and employment and the lack of progress in 
employing persons with disabilities outside Zagreb. The practice of 
placing personal assistants with persons with grave disabilities 
remained a pilot project, but it doubled the number of beneficiaries to 
300.
    The number of persons with mental disabilities in institutions did 
not decrease, despite some efforts to develop community-based 
alternatives. The law provides that unemployed parents of disabled 
children are granted 2,200 kunas ($424) monthly compensation. The law 
also provides compensation to foster care families.
    The law mandates access to buildings for persons with disabilities; 
however, the Government did not always enforce this provision, and the 
law did not mandate that facilities be retrofitted. As a result, access 
to public facilities for persons with disabilities remained limited.

    National/Racial/Ethnic Minorities.--While constitutional 
protections against discrimination applied to all minorities, open 
discrimination and harassment continued against ethnic Serbs and Roma.
    Incidents including looting, physical threats, verbal abuse, and 
spraying graffiti on Serb property continued in the Dalmatian 
hinterland and in the central part of the country. International 
organizations reported that the frequency and gravity of violent 
incidents against ethnic Serbs diminished in most of the country with 
the exception of the Zadar and Sibenik hinterland, where they remained 
unchanged.
    On March 26, a group of eight young men threw stones at and 
verbally abused the local Serb population in the village of Bukovic in 
the Benkovac area. They threatened one of the villagers with a knife 
and demanded money. They smashed windows in homes and burned the 
haystack of another villager. The police identified all eight 
perpetrators, and charged them with ``violent behavior'' and 
``disruption of the inviolability of the home'' as criminal acts.
    In May the media widely reported on an incident in Vukovar 
involving 30 Croatian soccer fans who attacked a group of supporters of 
a Serbian soccer team. The attackers disrupted a meeting and threw 
bottles and stones at the Serbian team fans. The attackers injured six 
persons, including two policemen sent to secure the site and one 12-
year-old girl, whom authorities later hospitalized with head wounds. 
Police arrested two attackers.
    Verbal provocations against ethnic Serbs were reported in the 
central and southern parts of the country. For example, in May a Croat 
from the village of Svracica near Glina verbally abused an ethnic Serb 
from the village of Dragotin while he waited at a bus stop. The 
attacker said that the victim ``needed a bullet in his head'' and tried 
to tear his shirt. The police investigated and reported the incident, 
but there was no information on whether legal action was taken against 
the culprit.
    Local NGOs and the police spotted fans who brandished pro-Nazi 
Ustasha symbols and chanted offensive slogans such as ``Kill the Serb'' 
at the concert of the controversial ultranationalist singer Thompson in 
Zagreb at the end of May. The Zagreb city government, which cosponsored 
the concert, subsequently criticized the display of Ustasha iconography 
at the event. The Misdemeanor Court in Zagreb in July fined a young man 
1,600 kunas ($308) for wearing a hat with the Ustasha symbol at the 
concert.
    On January 20, offensive graffiti including ``Serbs should hang'' 
and ``Kill the Serb'' appeared on the wall of a house owned by ethnic 
Serbs in Pakostane, near Zadar, and vandals sprayed a letter ``U'' (for 
Ustasha) on their car. The police investigated and continued to patrol 
the house for several days after the incident but did not find the 
perpetrators. Similar messages appeared on the wall of a newly 
reconstructed house of a Serb family in Bastajski Brdjani near Pakrac 
in the central part of the country. The house was uninhabited.
    In May authorities transferred the July 2007 case of two young men 
arrested for verbally and physically abusing two Serb returnees and 
attempting to burn their house with them inside, from the county court 
to the municipal court in Pozega, where prosecutors requalified the act 
from attempted murder to inflicting grave injuries. The trial was 
ongoing in September, but no hearings had taken place since May.
    Authorities made no further progress in identifying suspects in the 
September 2007 bombing of a Serbian-owned vehicle.
    Discrimination continued against ethnic Serbs in several areas, 
including the administration of justice, employment, and housing. 
Ethnic Serbs in war-affected regions continued to be subject to 
societal harassment and discrimination. Local authorities sometimes 
refused to hire qualified Serbs even when no Croats applied for a 
position.
    Six years after the parliament passed the Constitutional Law on 
National Minorities (CLNM), authorities had not implemented its 
provision on proportional minority employment in the public sector in 
areas where a minority constitutes at least 15 percent of the 
population. Ethnic Serbs, the largest minority, were most affected by 
the slow implementation of the law.
    In August the SDF reported that there was continued discrimination 
against ethnic minorities seeking employment in civil services, 
administration, and justice. A SDF survey conducted between April and 
August showed that the number of Serbs employed in local administration 
and public services remained at levels similar to their last survey in 
2006. For example, in Glina, in the central part of the country, Serbs 
made up 29 percent of the population, but only 2 percent of the Serbs 
were employed in the local civil services and administration. In Knin, 
a city that is 21 percent Serb, only 6 percent of Serbs were employed 
by the state. Survey results differed only in eastern Slavonia. In 
Vukovar Serbs made up 33 percent of the population but constituted 36 
percent of those employed in the local civil service and 
administration. In September SDSS officials complained that the 
adoption of an action plan for the implementation of the CLNM lacked 
clear and precise measures. Of approximately 21,200 civil servants 
employed at the national level in 2007, approximately 3 percent were 
ethnic minorities, while minorities made up 7.5 percent of the 
population. Members of minorities accounted for almost 4,000, or 6 
percent, of civil servants at the county level in 2007. The State 
National Minority Council received 41.5 million kunas ($8 million) for 
minority associations' cultural programs during the year, a 15 percent 
increase from 2007.
    The law provides that minority participation is to be taken into 
account when appointing judges in regions where minorities constitute a 
significant percentage of the population. According to an OSCE report 
from 2007, members of minorities made up approximately 4 percent of the 
country's judges, with Serbs comprising only 2.5 percent. The report 
noted that minorities needed to invoke their minority status during the 
recruitment process in order to benefit from this provision of the law.
    In November the SDSS listed eight cases of ethnic Serbs who applied 
for positions of judges at administrative, commercial, and municipal 
courts and two who applied as trainees at municipal courts. According 
to the SDSS, the courts rejected the applicants despite their 
qualifications. Despite the lack of minority judges in the country, the 
positions were either cancelled or filled by other applicants.
    Societal violence, harassment, and discrimination against Roma 
continued to be a problem. While only 9,463 persons declared themselves 
to be Roma in the 2001 census, officials and NGOs estimated that the 
Romani population was between 30,000 and 40,000.
    Roma faced many obstacles, including language, lack of education, 
lack of citizenship and identity documents, high unemployment, and 
widespread discrimination. Many Romani women in particular had only 
limited Croatian language skills. Romani NGOs estimated in 2007 that 25 
percent of Roma did not have citizenship documents and thus could not 
obtain social benefits, employment, voting rights, and property 
restitution. According to the Council of Europe, only 6.5 percent had 
permanent jobs, while the Ministry of Social Welfare estimated that 
20,000 to 30,000 Roma were receiving some form of social assistance. A 
2006 UNDP report on social exclusion estimated that, while Roma 
constituted less than 1 percent of the population, they accounted for 
13.6 percent of the recipients of social assistance. On a national 
level, the Government worked to increase the employment rate of Roma by 
providing two years' worth of salary payments to employers who hired 
Romani workers. On October 12, the Government reported that government 
spending to improve the life of Roma in the country increased six fold 
from 2005 to 2008. Spending increased from 2.7 million kunas ($520,000) 
to 17 million kuna ($3.3 million) a year. During the year the 
Government cofunded a European Commission program with 167,000 euros 
($244,000) to reconstruct infrastructure in the Medjimurje region, 
where Roma constitute 6 percent of the population. The Government and 
the EU also signed a 3.2 million euro ($4.5 million) agreement for the 
construction of infrastructure in another three municipalities in the 
same region.
    On occasion ethnic Croats were targets of interethnic violence. In 
February ethnic Serb high school students vandalized a student's home 
in Borovo, near Vukovar. The vandals destroyed 20 glass windows and the 
entryway door. They also threatened the Croatian student, insulted the 
late president, Franjo Tudjman, and chanted ``this is Serbia.'' Police 
identified and arrested several minors. Deputy Prime Minister Slobodan 
Uzelac, an ethnic Serb, criticized the violence. A month later an 
estimated 500 soccer fans from Zagreb and elsewhere in the country 
arrived in Vukovar on buses and marched through the town, chanting 
offensive slogans in retaliation. The chants included ``kill the 
Serbs'' and ``Croatian mother, we shall slaughter Serbs.'' A heavy 
police presence prevented any acts of physical violence.
    On September 25, the International Federation of Football 
Associations (FIFA) fined the Croatian Soccer Association (HNS) 30,000 
Swiss francs ($28,000) for the racist behavior of some Croatian fans at 
a soccer match against England on September 10. The Croatian fans 
referred to a black British player as a ``monkey'' and taunted him with 
``monkey noises.'' The head of the HNS stated the actions were 
unacceptable and urged fans to stop such offensive behavior. The HNS 
was earlier fined 12,500 euros ($18,000) for racist behavior in a match 
against Turkey in June.

    Other Societal Abuses and Discrimination.--There was some societal 
violence and discrimination against homosexuals.
    On June 28, two persons attacked activists from Iskorak and Kontra 
(NGOs that promote gay rights) outside their offices after the annual 
gay pride parade. The parade route was nevertheless well guarded, and 
the police were quick to take away those trying to disrupt the march. 
In addition, police investigated an assault against three Kosovo 
citizens who were celebrating outside of the parade zone. The police 
identified the attackers and charged them with criminal acts, although 
there were reports that police also treated the victims 
disrespectfully.
    On February 25, a court convicted and sentenced a man to 14 months 
in prison and psychiatric treatment for attacking Italian Senator 
Gianpaolo Silvestri after the 2007 gay pride parade. This was the first 
time that courts convicted someone of a hate crime since the parliament 
introduced this type of crime into the criminal code in 2006. Gay pride 
organizers welcomed the conviction but complained that the police did 
not file criminal reports against other attackers.
    Societal discrimination against homosexuals was frequently present 
in the form of insults, stereotypical jokes, and societal prejudices.
    On July 21, the parliament passed a law on the suppression of 
discrimination, an umbrella law that addresses discrimination based on 
a number of grounds including race, ethnicity, sex, language, political 
convictions, property, union membership, disability, and others. The 
Catholic Church and other religious bodies strongly opposed one section 
of the new law because they believed it opened up the possibility for 
gay marriages and the adoption of children by gay individuals, although 
the law did not directly stipulate these measures. The law was 
scheduled to enter into effect in January 2009. The new law also 
provides more staffing and funding for the Office of the Ombudsman for 
Human Rights, responsible for the implementation of the new law.
    Societal discrimination against persons with HIV/AIDS remained a 
problem. The Croatian Association for HIV (HUHIV) reported that there 
were instances of dentists and general practitioners refusing to treat 
HIV-positive patients and that some hospitals postponed surgeries 
because doctors were reluctant to operate. If an HIV patient did not go 
through the infectious disease hospital, he or she often waited for 
treatment, and doctors sometimes delayed surgery indefinitely. There 
were allegations that transplant centers refused to put HIV patients on 
their list of potential organ recipients.
    According to HUHIV representatives, the lack of public assistance, 
such as hot lines, for HIV-positive patients was a problem. According 
to the UN theme group on HIV/AIDS, analysis of the laws regarding HIV 
indicated that they contain discriminatory provisions. The group cited 
legal provisions that require testing under medical supervision for 
certain professions and in certain cases involving prisoners and 
restrictions on HIV-positive persons with regard to employment. 
According to the analysis, most cases of discrimination occurred 
outside the scope of the law or were due to insufficient enforcement of 
privacy laws, lack of consistent adequate medical care, and 
discrimination in school or the workplace.
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 50 percent of workers were members of 
unions; however, not all the unions were associated with each other, 
and this percentage could vary, as there is no oversight system to 
track the exact number of union members in all of the unions. Unions 
generally were independent of the Government and political parties.
    The law provides for the right to strike, with some limitations, 
and workers exercised these rights during the year. The law does not 
permit members of the armed forces, police, government administration, 
and public services to strike. Workers may strike only at the end of a 
contract or in specific circumstances mentioned in the contract after 
they have gone through mediation. When negotiating a new contract, 
workers are also required to go through mediation before they can 
strike. 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.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and law protect collective bargaining and the right to 
organize, and workers exercised these rights in practice, although some 
international observers reported there that this right was not always 
upheld by small employers.
    The law prohibits antiunion discrimination and expressly allows 
unions to challenge firings in court. However, incidents of union-
related harassment and firings occurred, and in general the 
inefficiency of the court system seriously delayed and discouraged 
citizens' attempts to seek redress through the legal system.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forced or compulsory labor, including by children, although there 
were incidents of adult persons trafficked for the purpose of forced 
labor during the year.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace and provide for acceptable working conditions. While the 
Government for the most part implemented these laws and policies 
effectively, child labor remained a problem.
    In 2007, the last year for which data are available, the State 
Labor Inspectorate recorded 163 violations of labor-related laws 
involving 89 children under the age of 17. Of these violations, one 
involved a child under the age of 15. Violations occurred mainly in the 
hospitality, tourism, retail, food, industrial, services, and 
construction sectors.
    The minimum age for employment of children is 15 years. The 
Ministry of Economy, Labor, and Entrepreneurship, in conjunction with 
the ombudsman for children and the State Inspectorate, is responsible 
for enforcing this regulation. Minors under the age of 15 may work if 
they receive prior approval from the State Labor Inspectorate and if it 
is determined that the child will not suffer physically or mentally 
from the work. Approval is usually requested for filming movie scenes 
or for play rehearsals. The law prohibits workers under the age of 18 
from working overtime, at night, or under dangerous conditions.
    The law proscribes the worst forms of child labor, including 
trafficking in children for purposes of sexual exploitation and labor. 
The national ombudsman for children coordinates the country's efforts 
to prevent the exploitation of children and to assist in removing 
children from exploitative situations. The State Labor Inspectorate has 
102 inspectors whose duties include inspection for illegal employment 
of minors. The inspectorate forwards all cases of violations involving 
minors to the Office of the Ombudsman for Children.

    e. Acceptable Conditions of Work.--The minimum wage, as determined 
by the Government, is 2,100 kunas ($405) per month; the net wage is 
between 1,400 and 1,500 kunas ($269-$289), depending on exemptions, and 
does not provide a decent standard of living for a working family. 
Government statistics from August indicated the average wage was 5,167 
kunas ($995), and the minimum cost of living for a family of four in 
rented housing was 6,294 kunas ($1,213). The State Labor Inspectorate 
enforces the minimum wage, while the Ministry of Finance determines the 
level.
    Nonpayment and late payment of wages continued to be a problem, as 
was nonpayment of overtime or for work on holidays. According to the 
State Labor Inspectorate, it is no longer required by law to record the 
number of persons who did not receive payment of their salaries. 
However, workers have the right to bring court proceedings against 
employers who did not issue pay slips to their employees. Based on data 
that it received through various reports, the inspectorate concluded 
that at least 1,761 employees did not receive payment for their work in 
2007, the last year for which data were available.
    The State Labor Inspectorate reported that it shut down 344 
employers during 2007 for periods of at least 30 days. Labor law 
violations included illegally employed workers and foreigners who did 
not have work permits, workers who were not registered with the pension 
fund, and workers who were not registered with a health insurance 
agency. The Labor Inspectorate reported that although its officers 
greatly increased their inspections and reporting of violations, the 
courts did not sanction violations in accordance with the weight of the 
violation, and therefore the inspectorate's actions in terms of 
effecting change in the field were not strong.
    The law provides for a standard workweek of 40 hours. Workers are 
entitled to a 30-minute break daily, one day off out of seven, and a 
minimum of four weeks of paid vacation annually. The law provides that 
workers are entitled to time-and-a-half pay for overtime and limits 
overtime to eight hours per week. The State Labor Inspectorate must be 
notified if overtime work by an employee continues for more than four 
consecutive weeks, for more than 12 weeks during a calendar year, or if 
the combined overtime of employees of an employer exceeds 10 percent of 
the total working hours in a particular month. In 2007 the inspectorate 
processed 16,481 violations. After processing, the inspectorate sent 
6,484 violations to misdemeanor courts for proceedings. Infractions 
included violations related to labor contracts, payment for work, 
annual leave, and unpaid and unreported overtime. In 2007 authorities 
sent 57 criminal proceedings against employers to municipal state 
attorneys' offices. Pregnant women, mothers of children under three 
years of age, and single parents of children under six years of age may 
work overtime only if they freely give written consent to perform such 
work.
    The Government set health and safety standards, which the Health 
Ministry enforced; the Ministry's inspectorate has jurisdiction over 
enforcement of health and safety laws at the workplace. In practice 
many industries often did not meet worker protection standards. In 2007 
the inspectorate initiated 1,913 requests for misdemeanor proceedings 
covering 3,909 violations of safety standards. During 2007 misdemeanor 
courts issued 1,118 violations, of which authorities declared two 
criminal acts and referred them to court. Courts rejected 450 of the 
reported violations because of expiration of the statute of 
limitations. Under the law workers may remove themselves from hazardous 
conditions and have recourse through the courts if they believe that 
they have been dismissed wrongfully for doing so; however, according to 
the State Labor Inspectorate, workers did not exercise this right in 
practice and normally reported employers only 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 (ROC), while the northern 
part, administered by Turkish Cypriots, proclaimed itself the ``Turkish 
Republic of Northern Cyprus (TRNC)'' in 1983. The United States does 
not recognize the ``TRNC,'' nor does any country other than Turkey. A 
substantial number of Turkish troops remained on the island. A buffer 
zone, or ``green line,'' patrolled by the UN Peacekeeping Force in 
Cyprus (UNFICYP) separates the two parts.


                           REPUBLIC OF CYPRUS

    The ROC is a constitutional republic and multiparty presidential 
democracy. The area under control of the Government has approximately 
793,000 inhabitants. In 2006, 56 representatives were elected to the 
80-seat Vouli Antiprosopon (House of Representatives) in free and fair 
elections. President Demetris Christofias was elected in February in 
free and fair elections. Civilian authorities maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
reports of police abuse and degrading treatment of persons in police 
custody and of asylum seekers. Violence against women, including 
spousal abuse, was common, and several incidents of violence against 
children were reported. There were instances of discrimination against 
members of minority ethnic and national groups. Trafficking of women to 
the island, particularly for sexual exploitation, 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 
reports that the Government or its agents committed arbitrary or 
unlawful killings during the year.
    During the year authorities completed an independent investigation 
of the 2005 police killing of a Syrian immigrant that the chief of 
police had reported was in self-defense. After reviewing the case, the 
Attorney General's Office ordered the prosecution of the police 
officers involved in the incident.
    On June 24, the European Court of Human Rights (ECHR) found the 
Government of Turkey in violation of the right to life in the cases of 
Isaak v. Turkey and Solomou and others v. Turkey. Isaak was killed in 
1996 during a Greek Cypriot demonstration in the buffer zone by Turkish 
Cypriot counterdemonstrators, including three Turkish Cypriot police 
officers. Also in 1996 a Turkish police officer shot and killed Solomou 
when he entered the buffer zone and tried to climb a flagpole with the 
Turkish flag on it. The ECHR ordered Turkey to pay 215,000 euros 
(approximately $301,000) to Isaak's family plus 12,000 euros ($16,800) 
in court expenses and 125,000 euros ($175,000) to Solomou's family plus 
12,000 euros ($16,800) in court expenses.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government participated in the autonomous, tripartite (UN, 
Greek Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP) 
as part of its continuing efforts to account for persons missing as a 
result of the intercommunal violence in 1963 64 and the conflict in 
1974.
    In 2006 the CMP launched its project to exhume, identify, and 
return remains. As of December 12, the CMP had identified and returned 
to their families for burial the remains of 78 Greek Cypriots. 
Exhumations continued in different parts of the island. According to 
the CMP, 1,395 Greek Cypriots and 470 Turkish Cypriots remained 
missing.
    On January 10, the ECHR delivered its judgment on the case of 
Varnava and others v. Turkey, filed by the relatives of nine Greek 
Cypriots missing since the events of 1974. The ECHR found Turkey in 
continuing violation of the right to life and the right to liberty and 
security on account of its failure to conduct an effective 
investigation into the whereabouts of the nine missing persons. Turkey 
appealed the decision, and the first hearing took place on November 19.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that police abused detainees.
    There continued to be reports that police engaged in heavy-handed 
tactics and degrading treatment of suspects.
    On April 15, the Council of Europe's (COE) Committee for the 
Prevention of Torture (CPT) released a report on a CPT delegation's 
2004 visit to detention centers and other facilities where persons are 
incarcerated. During the visit delegation members reported receiving 
many allegations of police mistreatment, usually at the time of arrest, 
but also during subsequent questioning. A significant proportion of the 
allegations were made by foreign nationals. The forms of mistreatment 
consisted mainly of slaps, kicks, and punches to the head and body, 
including the genitals, with the detained person sometimes handcuffed 
and/or undressed. The alleged mistreatment also included banging heads 
on a desk, blows with batons and other objects, and violence of a 
sexual nature. The delegation's report stated that, in a few cases, the 
alleged mistreatment was of such severity that it could be considered 
as amounting to torture. The delegation heard some allegations of 
inadmissible psychological pressure, including threats of an indecent 
or sexual nature exerted during questioning to obtain a statement or 
confession. The CPT report stated that, based on information gathered 
during the 2004 visit, the physical mistreatment of persons deprived of 
their liberty by police continued to be a serious problem in the 
country.
    In one particular case cited by the CPT delegation, a detained 
foreign national alleged that he received police mistreatment 
consisting of kicks to the face, chest, and abdomen while in police 
custody in 2004. He further alleged that authorities made him undress 
during the night, hooded him, and shackled him in a standing position 
by the wrists and ankles to bars in the prison, whereupon officers hit 
him violently on various parts of the body, including the genitals. The 
CPT requested information on the results of an official investigation 
that was reportedly initiated into the allegations.
    The press reported on June 26 that five Egyptians arrested for 
being in the country illegally claimed that they were beaten by police 
at Larnaca Airport and again while in detention at the Limassol police 
station. Reportedly one of the detainees was treated at the hospital 
for head injuries. The complaint was examined by the independent 
authority investigating complaints against the police, which found that 
police officers had committed no offense in the case. The Attorney 
General's Office concurred with the decision.
    In January 2007 three Syrian immigrants (Imbrahim Kasem, Ahmad 
Kasem, and Ahmad Kasem) alleged that 10 police officers beat them 
shortly after they visited their former employer to demand payment of 
money due. They claimed that the officers intercepted their car and 
beat them as they lay on the ground. Police then took them to Paphos 
police station, where they allegedly continued to beat them for several 
hours. The immigrant support group Action for Equality, Support, and 
Antiracism (KISA) filed a complaint with the Attorney General's Office 
and asked for an investigation. The police charged the three 
individuals with resisting arrest and hindering police officers from 
carrying out their duties. Authorities charged two with residing in the 
country illegally and charged the driver of the car with reckless 
driving and driving without a license and insurance. Authorities 
released all three. KISA claimed that, had the three appeared in court, 
the judge would have seen their injuries and ordered an investigation. 
Independent investigators appointed by the attorney general decided 
that the criminal charges filed by the police against the immigrants 
should be withdrawn and that the immigrants should be deported. The 
independent investigators also decided that the case against the police 
officers involved in the incident should be ``filed.''
    In 2005 plainclothes police officers stopped two cars in Nicosia 
and proceeded to handcuff and beat the drivers, 27-year-old students 
Marcos Papageorghiou and Yiannos Nicolaou. Authorities charged 11 
officers with numerous offenses, including assault and torture. The 
trial was completed during the year; a judgment was expected in 
February 2009.

    Prison and Detention Center Conditions.--Conditions in prisons, 
detention centers, and other government institutions generally met 
international standards, although there have been reports by 
international organizations regarding conditions in detention centers.
    During the year the ombudsman and nongovernmental organizations 
(NGOs) received complaints that police subjected foreign inmates to 
physical abuse or discriminatory treatment. The ombudsman reported that 
it was not possible to examine some of the persons who had alleged 
physical violence because they had been deported by the time the 
complaints reached her office; investigations into the other complaints 
were ongoing at year's end. The ombudsman's investigation into 
complaints from Greek Cypriot prisoners that prison officials 
tolerated, and in some cases supported, violence among inmates was in 
progress at year's end, pending some clarifications from prison 
management. An NGO reported that foreign detainees and prisoners 
complained of physical violence in detention centers located in police 
stations and discrimination in the Central Prison. Foreign inmates are 
tasked with heavier work and have greater restrictions in visitation 
rights than local prisoners.
    In its April 14 report, the CPT noted that, while most prisoners it 
interviewed in 2004 spoke in positive terms about their relation with 
prison staff, there were a few allegations of physical mistreatment 
(blows or excessive use of force) by custodial staff. The CPT also 
reported one instance of deliberate poor treatment of patients at the 
Athalassa psychiatric unit. A patient who was considered potentially 
dangerous was kept in a special room with a prison-like metal door at 
night and was not allowed to leave to use toilet facilities.
    During the year overcrowding remained Nicosia Central Prison's 
greatest problem despite renovation and expansion. The prison's 
capacity was 340, although at times it held up to 721 inmates. 
Approximately 62 percent of the detainees were foreigners imprisoned 
for forgery, criminal impersonation, theft, and other offenses. The 
ombudsman reported that nonseparation of convicted criminals from 
pretrial detainees or long-term from short-term prisoners due to 
overcrowding continued to be a problem. The Government provided 
assistance for the rehabilitation of drug abusers through the use of 
multidisciplinary therapeutic teams consisting of a psychiatrist, a 
psychologist, two occupational therapists, a social worker, and four 
nurses. The Social Welfare Services offered limited support for the 
reintegration of former inmates into society.
    A 2006 report by the COE commissioner for human rights noted that, 
while prison conditions were generally satisfactory, overcrowding 
remained a problem. The report also expressed concern over the 
Government's failure to provide facilities and resources for the 
psychiatric treatment of prisoners. The report noted government efforts 
to improve the professional training of the prison staff and the 
abolition of imprisonment for nonpayment of civil debt.
    A 2006 report by the COE's European Commission against Racism and 
Intolerance expressed concern with the extensive use of detention for 
both migrants and asylum seekers and the conduct of law enforcement 
officials, including alleged cases of mistreatment.
    The Government permitted prison visits by independent human rights 
observers, and such visits, unrestricted and unannounced, occurred 
during the year. The ombudsman, the law commissioner, and the 
commissioner for the protection of personal data visited the prison on 
a regular basis. The parliamentary human rights committee also visited 
the prison compound to examine the living conditions of the detainees.
    In May the CPT conducted one of its periodic spot checks and 
visited several sites, including the Central Prison, the psychiatric 
unit in Athalassa, and several police stations, and interviewed 
detainees and prisoners in private. CPT representatives met with the 
ministers of justice and interior to discuss their findings. The CPT's 
report on the visits had not been released by year's end.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The police enforce the 
law and address criminal activity. The Greek Cypriot National Guard 
(GCNG), backed by a contingent of Greek military forces, protects 
national security. The GCNG reports to the Ministry of Defense, which 
reports to the president. The police report to the Ministry of Justice 
and Public Order. The president appoints the chief of police. The 
police force is composed of a headquarters with six functional 
departments, six geographic district divisions, including one inactive 
district for the area administered by Turkish Cypriots, and seven 
police units that provide specialized services. Although there were 
reported cases of misconduct, there were no serious cases of police 
corruption or bribery.
    In 2006 the Council of Ministers appointed an independent committee 
to investigate complaints of police bribery, corruption, unlawful 
financial gain, violation of human rights, abuse of power, preferential 
treatment, and conduct unbecoming of police officers. In July 2007, to 
help it manage the large number of cases, the committee was given 
authority to appoint independent investigators from a list submitted by 
the attorney general. In 2007 the committee received 96 complaints. Of 
those, 21 were deemed outside the scope of the committee's 
responsibility and one complaint was withdrawn; 35 complaints were 
investigated by the members of the committee or independent 
investigators supervised by the committee; 13 complaints were still 
under investigation; the attorney general assigned 11 complaints to 
criminal investigators at the request of the committee; eight were 
submitted to the chief of the police; in three cases, investigation was 
suspended because the complainants refused to give testimony; and four 
complaints remained pending due to inadequate information provided by 
the complainants. Of the 35 investigations carried out, two resulted in 
criminal charges against officers; three resulted in disciplinary 
charges; and 28 failed to reveal any wrongdoing on the part of the 
police. In two cases, the committee established that police officers 
engaged in mistreatment of citizens, but it was not possible to 
identify the officers involved due to inadequate testimony. The 
committee chair confirmed that the attorney general adopted all the 
recommendations made by the committee.
    During the year the attorney general ordered one criminal 
investigation against a member of the police for allegedly assaulting a 
civilian. Of the 14 cases pending before the courts at the end of the 
2007, four resulted in convictions, four were pending at year's end, 
and one was dropped by the court; the attorney general suspended 
charges in two cases and dismissed the remaining three cases.

    Arrest and Detention.--The law requires judicially issued arrest 
warrants, and authorities respected this requirement in practice. 
Persons may not be detained for more than one day without referral of 
the case to a court for extension of detention. Most periods of 
investigative detention did not exceed 10 days before formal charges 
were filed. The attorney general generally made efforts to minimize 
pretrial detention, especially in cases of serious crimes. However, 
prior to May, aliens arrested for illegal entry without identification 
were detained indefinitely when authorities did not know where to 
deport them. Attorneys generally had access to detainees. Bail was 
permitted. The Government claimed the right to deport foreign nationals 
for reasons of public interest, regardless of whether they had been 
charged with or convicted of a crime.
    In September 2007, eight long-term detainees (seven Iranians and 
one Afghan) climbed onto the roof of the Nicosia Central Prison and 
threatened to commit suicide if they were not immediately released. 
They ended their protest after the minister of interior assured them 
that, with the ombudsman, he would examine their demands and come up 
with concrete decisions. The Government subsequently deported one 
detainee and released another; it promised to release the remaining six 
detainees pending their acceptance of a proposal sponsored by the 
minister of interior, the details of which were not available. All 
eight had applied for asylum and had been rejected but remained on the 
island without a residency permit. They were consequently arrested for 
deportation; however, deportation was not possible, as they had 
destroyed their travel documents. Some of the detainees had been in 
detention for almost three years. In January the families of long-term 
detainees staged a protest outside the Ministry of Interior with the 
support of KISA. During the protest, police arrested the head of KISA, 
Doros Polycarpou, for using loudspeakers in public without a license. 
He was detained for a few hours and released. According to press 
reports, plainclothes police officers roughed up demonstrators who 
tried to prevent Polycarpou's arrest. In May the minister of interior 
announced that the Government was no longer holding persons long-term 
in detention centers. The minister stated the Government had released 
foreigners in detention who had destroyed their travel documents and 
given them one-year permits to stay and find work. However, an NGO 
reported that the released detainees were constantly harassed by police 
at their workplace and as a result were unable to keep a steady job.
    Unlike in previous years, there were no reports that the Government 
arrested persons crossing the green line in possession of evidence of 
purchasing or developing Greek Cypriot property in the area 
administered by Turkish Cypriots.

    e. Denial of Fair Public Trial.--The law and constitution provide 
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 the Supreme Court. There are no special courts 
for security or political offenses. There are military tribunals that 
have jurisdiction over members of the GCNG.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The 
constitution provides for public trials, albeit not by jury, and 
defendants have the right to be present and to consult with an attorney 
in a timely manner. An attorney is provided for those who cannot afford 
one, and defendants are allowed the right to question witnesses against 
them and present evidence or witnesses on their behalf. The law also 
provides that defendants and their attorneys have access to government-
held evidence related to their cases. Defendants enjoy a presumption of 
innocence and have a right of appeal. The Government generally 
respected these rights in practice.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary for civil matters, permitting claimants to 
bring lawsuits seeking damages for human rights violations, and 
citizens successfully availed themselves of it.

    Property Restitution.--Turkish Cypriots have filed a total of 49 
cases in the courts to reclaim property located in the government-
controlled area, six of which were new cases filed during the year. 
During the year the Supreme Court dismissed one property case because 
it concerned Turkish Cypriot property that is under the guardianship of 
the Ministry of Interior. According to the law, these types of 
properties cannot be returned unless the owners resettle permanently in 
the government-controlled area. The applicant filed an appeal, and the 
case was pending before the Supreme Court at year's end. In another 
decision, the Supreme Court found in favor of the Turkish Cypriot 
plaintiff who had agreed to sell her property to a Greek Cypriot but 
later changed her mind when she realized that the market value was 
markedly higher than the agreed price. The Supreme Court ruled that the 
owner did not have to implement the agreement.
    On April 22, the ECHR endorsed a friendly settlement brokered by 
the Turkish Cypriot ``property commission'' in May 2007 between Greek 
Cypriot Michael Tymvios and Turkey. The settlement would exchange 
Tymvios's property in the northern part of the island for Turkish 
Cypriot property in the government-controlled part and payment of one 
million dollars. However, in August Tymvios complained that the 
Government, citing the guardianship law, refused to transfer ownership 
of the Turkish Cypriot property in the government-controlled area to 
him, despite the ECHR ruling.

    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.
    Individuals could criticize the Government publicly or privately 
without reprisal, and the Government did not attempt to impede 
criticism.
    Opposition newspapers frequently criticized authorities. 
Independent newspapers and periodicals proliferated. 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 early 2006 the Council of Ministers rejected a 2005 decision by 
the board of the Cyprus News Agency to appoint Christoforos 
Christoforou as its new director. Some newspapers and opposition 
parties attributed the rejection to Christoforou's authorship of 
articles criticizing government policies regarding the UN efforts in 
2004 to reunify the island. The Cyprus Journalists' Union called on the 
Government to reverse its decision and approve the appointment. 
Christoforou appealed to the Supreme Court, which ruled in his favor on 
June 10. In July the Attorney General's Office appealed the Supreme 
Court decision. The appeal was pending before the court at year's end.
    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.
    During the year Turkish Cypriot advertisers repeated claims that 
Greek Cypriot newspapers refused to carry advertisements for businesses 
located in the area administered by Turkish Cypriots.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including e-mail. The 
Internet was easily accessible and widely available to the public.

    Academic Freedom and Cultural Events.--There were generally no 
government restrictions on academic freedom or cultural events; 
however, certain oversight efforts threatened academic independence and 
activities.
    The Government continued to exert political pressure on 
universities to refrain from any contact with universities in the 
Turkish Cypriot community because the Government considered 
universities in the Turkish Cypriot community ``illegal.''

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law and constitution provide for freedom of assembly, 
and the Government respected it in practice.

    Freedom of Association.--The law and constitution provide for 
freedom of association, and the Government generally respected it in 
practice.

    c. Freedom of Religion.--The law and constitution provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The law and constitution specify that the Greek Orthodox Church of 
Cyprus, which is not under the authority of the Greek Orthodox Church 
of Greece, has the exclusive right to regulate and administer its 
internal affairs and property in accordance with its holy canons and 
charter. The law also states that the Turkish Cypriot religious trust, 
the Vakif, 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 Vakif laws and 
principles. No legislative, executive, or other act may contravene or 
interfere with the Orthodox Church or the Vakif. The law and 
constitution also recognize Armenian Orthodox, Maronite Christians, and 
Roman Catholics. In January 2007 the Ministry of Defense announced it 
would lift an exemption that allowed these three ``official religious 
groups'' to avoid compulsory military service on religious grounds. 
After some initial resistance by the Maronites, the groups accepted the 
lifting of the exemption as a public obligation.
    During the year there were reports that some religious 
denominations encountered government obstacles to purchasing or 
renovating property for a house of worship for their respective 
congregations. One religious community also reported repeated 
difficulties in obtaining visas from the Cypriot government for clergy 
from countries outside of the European Union (EU).
    The Government required other religious groups to register as 
nonprofit companies to maintain a bank account or engage in other 
financial transactions.
    Missionaries have the legal right to proselytize, but the 
Government closely monitored their activities. It is illegal for a 
missionary to use ``physical or moral compulsion'' to make religious 
conversions. Police may investigate missionary activity based on a 
citizen's complaint. Police can also open an investigation if 
missionaries are suspected of involvement in illegal activities 
threatening the security of the Government, constitutional or public 
order, or public health and morals. No detentions or arrests were 
reported under these laws 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 and from attending religious services.

    Societal Abuses and Discrimination.--In May KISA reported that it 
continued to receive complaints from recognized political asylees of 
Muslim origin who had difficulty securing employment because of their 
religion. KISA also reported that asylum seekers of Muslim origin were 
often beaten by police and faced difficulties securing residence 
permits. The NGO alleged that the ``general climate'' was not amenable 
for asylum seekers from countries where Islam is prevalent and that 
citizens in general demonstrated ``aggressive behavior'' towards Muslim 
asylees. In 2006 the same NGO reported that it had filed complaints 
with the ombudsman's office and an independent investigatory committee 
regarding police treatment of Muslim asylum seekers. Some asylum 
seekers reportedly had difficulty securing employment, and one asylee 
alleged that he could not secure housing because of religious 
discrimination. Late in 2007 the ombudsman submitted a report to the 
Government proposing reconsideration of the policy concerning the right 
of employment for asylum seekers. The ombudsman did not receive any 
complaints relating to discrimination on religious grounds.
    On June 8, a group of youths attacked foreign residents in Ypsonas 
village in Limassol causing serious bodily injuries to some and 
material damage to their properties. Police arrested 12 young men aged 
between 15 and 18; the case was under investigation by the Limassol 
criminal investigation department at year's end.
    Although Turkish Cypriots claimed that unused mosques in the 
government-controlled area had been vandalized, the Government 
routinely carried out maintenance and repair of mosques in the area 
under its administration.
    The Jewish community is composed of approximately 2,000 persons. 
The latter figure includes a very small number of native Jewish 
Cypriots and a greater number of Israeli, British, and other European 
Jews who are part of the expatriate community, which includes both 
observant and nonpracticing members.
    Diplomatic sources at the Israeli Embassy reported that there was 
anti-Semitic graffiti at several bus stops along one of the main roads 
in Nicosia; the reported graffiti have not been corroborated.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within government-controlled areas, foreign travel, 
emigration, and repatriation, and the Government generally respected 
these rights in practice. The Government cooperated with the Office of 
the UN High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, refugees, returning refugees, asylum seekers, 
stateless persons, and persons entitled to subsidiary protection.
    The Government did not restrict Greek Cypriots from traveling to 
the area administered by Turkish Cypriots, but it generally discouraged 
them from spending the night at Greek Cypriot properties, gambling in 
the area administered by Turkish Cypriots, or buying or developing 
property there. The Government in many cases prohibited Turkish 
nationals from crossing from the area administered by Turkish Cypriots 
to the government-controlled area in the south.
    The Government allowed EU citizens and citizens of other countries 
not subject to a visa requirement, who entered from ports of entry in 
the area administered by Turkish Cypriots, to cross the green line into 
the government-controlled area; however, the Government maintained that 
all ports of entry in the area administered by Turkish Cypriots are 
illegal.
    Greek Cypriots and Turkish Cypriots were required to show 
identification cards when crossing the green line. Members of each 
community were required to obtain insurance coverage in the community 
where they planned to drive their vehicles. Turkish Cypriots flew in 
and out of Larnaca and Paphos airports without obstruction.
    Unlike in previous years, there were no reports that the Government 
arrested persons crossing the green line in possession of contracts or 
blueprints related to purchasing or developing Greek Cypriot property 
in the area administered by Turkish Cypriots.
    The Government issued 4,948 passports to Turkish Cypriots during 
the year.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--Although Greek Cypriots 
displaced as a result of the 1974 division of the island fall under the 
UN definition of IDPs, the Government considered them refugees. At the 
end of the year these individuals and their descendants numbered 
approximately 202,500. Depending on their income, IDPs and their 
descendants are eligible for financial assistance from the Government. 
They have been resettled, have access to humanitarian organizations, 
and are not subject to attack, targeting, or return under dangerous 
conditions.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government granted refugee and asylum status to 
individuals during the year. In practice the Government provided 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened, although one NGO 
claimed that some asylum seekers were deported before final 
adjudication of their application by the proper authorities. The 
ombudsman reported receiving complaints of delays in the examination of 
asylum applications as well as complaints that cases with considerable 
merit were closed. An investigation revealed that authorities were 
systematically closing cases of applicants who could not be located for 
an interview in connection with their application. The ombudsman 
submitted recommendations for more substantial attempts to notify 
applicants before their cases are closed. The ombudsman's office also 
reported that the Government asylum department had taken action in many 
cases to ensure respect of the rights of the asylum seekers and 
refugees.
    Those individuals determined to be refugees were permitted to stay 
and were given temporary work permits but were not granted permanent 
resettlement rights. During the year no refugees were deported, and 
authorities granted refugee status to 64 persons.
    The Government provided temporary protection to individuals who may 
not qualify as refugees under the 1951 convention and the 1967 protocol 
and provided temporary protection to 163 persons during the year. 
According to the ombudsman and NGOs, the inmates in detention centers 
were exclusively foreign and often asylum seekers who were arrested for 
illegal entry. Similar to the previous years, KISA maintained that 
police violated the law and the human rights of asylum seekers by 
carrying out illegal arrests, detentions, and deportations. The group 
claimed that authorities treated asylum seekers as illegal immigrants 
or economic migrants and jailed or deported them. Another local NGO, 
Apanemi, reported that several asylum seekers made complaints to the 
ombudsman alleging that they were physically and psychologically abused 
by police. A third NGO reported that asylum seekers complained about 
the denial of state medical care. Prior to October, NGOs and asylum 
seekers filed complaints with the ombudsman alleging that the 
Government was permitting the exploitation of asylum seekers as cheap 
labor by restricting their employment to the farming sector. In October 
the law was amended to allow the employment of asylum seekers in 
several areas, such as labor in fisheries, forage production, waste 
management, gas stations and car washes, freight handling in the 
wholesale trade, building and outdoor cleaning, distribution of 
advertising/informative materials, and food delivery.
    There were allegations by NGOs and refugees that the protection of 
refugees suffered because of an overtaxed, understaffed, and 
underfunded asylum service, and that there was systemic discrimination 
against asylum seekers. Out of 35,087 applications filed since 2002, 
only 208 applicants have been granted full refugee status, and only 463 
applicants have been granted secondary refugee status. Refugees and 
NGOs alleged that the asylum service systematically closed files before 
due consideration, and that asylum cases with considerable merit became 
lost in the system and applicants received no response from the 
Government. An NGO reported that asylum applicants are waiting for 
several years for a response. NGOs and asylum seekers alleged that 
payments of welfare benefits to refugees were often delayed.
    A number of persons, mostly Iranians, who destroyed their travel 
documents and denounced their nationality or refused to divulge their 
country of origin, remained in long-term detention in Nicosia Central 
Prison through 2007 until their release in May. All were former asylum 
seekers whose applications were denied and were consequently arrested 
on detention and deportation orders for residing in the country 
illegally. In May the minister of interior announced that the 
Government had released long-term detainees and given them one-year 
permits to stay and find work.
    The country's only accommodation center for asylees, Kofinou, 
housed only women and families for most of the year. Asylum seekers 
were allowed to work after six months in the country but were limited 
to the areas noted above. Asylum seekers who refused an available job 
could be cut off from state benefits. To obtain welfare benefits, 
asylum seekers had to have a valid address, which was impossible for 
many who were homeless. KISA reported that persons who were eligible 
for benefits received their checks only sporadically and that, on June 
25, over 100 affected asylum seekers conducted a protest in response.
    The Government provided funding to local colleges to provide 
educational services to help recognized refugees integrate into society 
and to a local NGO to help torture victims. There were complaints 
regarding the remoteness and lack of facilities at Kofinou. However, 
conditions improved during the year after the Government entered a 
private-public partnership with a university to run and maintain the 
center.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law and constitution provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage. 
Only Turkish Cypriots residing permanently in the government-controlled 
area are permitted to vote and run for office.

    Elections and Political Participation.--In 2006 elections were held 
for the 56 seats assigned to Greek Cypriots in the 80-seat House of 
Representatives.
    In 2006 two leading members of the group of 78 Turkish Cypriots not 
residing in the government-controlled area who had been denied the 
opportunity to run, Ali Erel and Mustafa Damdelen, sued the Government 
for failure to fully reinstate the Turkish Cypriot community's rights 
to vote and run for office. On April 30, the Supreme Court dismissed 
their application. On September 3, Erel and Damdelen applied to the 
ECHR for redress.
    Political parties operated without restriction and outside of 
interference.
    Women held eight of the 56 seats filled in the House of 
Representatives and two of the 11 ministerial posts. They also held 
senior positions in the judicial branch.
    There were no members of minorities in the House of 
Representatives, and the 24 seats assigned to Turkish Cypriots went 
unfilled. The small Armenian Orthodox, Maronite Christian, and Roman 
Catholic communities elected special nonvoting observer representatives 
from their respective communities to the House of Representatives.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, which vary depending on the charges. 
The Government generally implemented these laws effectively. There were 
isolated reports of government corruption.
    State and public officials are required by law to submit a 
compulsory asset declaration, but these declarations are not public 
documents. Officials who fail to submit their declarations are subject 
to pecuniary punishment. However, in June the Supreme Court ruled 
unconstitutional the law that requires public officials to declare 
their assets. The attorney general has appealed the decision.
    While the Government generally investigated and prosecuted cases of 
corruption, cases usually moved at a slow pace, and the evidence law, 
which prohibits wiretapping and electronic surveillance, made obtaining 
convictions challenging.
    The escape of double murderer and rapist Antonis Procopiou Kitas on 
December 12 prompted a series of investigations into possible 
corruption of police and other government officials. Kitas fled from a 
Nicosia private hospital where he had been staying for seven months 
although he was serving a life sentence. The minister of justice and 
public order resigned over the escape, while the Government appointed 
five independent criminal investigators to investigate the escape and 
the possible involvement of police and government officials. The 
attorney general said the case ``smacked of corruption, negligence, and 
indifference.'' Two separate investigations were also ordered into how 
Kitas acquired a new passport and into the conditions under which Kitas 
was allowed to stay at the hospital for such an extended period of 
time. All investigations and the search for Kitas were ongoing at 
year's end.
    In June 2007 the minister of interior ordered an investigation into 
allegations that civil servants or government officials had tipped off 
land developers about future changes in development zones in the Akamas 
area. As a result of the alleged tip-off, developers bought large 
pieces of farm land in the area that were later included in the 
development zones and whose value increased 20-fold.
    In December 2007 authorities arrested and charged an official of 
the road transport department with soliciting a bribe in order to 
expedite the registration of an imported used motor vehicle.
    In 2006 a local newspaper published the names of politicians who 
allegedly had asked the Ministry of Defense for favorable transfers of 
National Guard recruits. The list included prominent officials, such as 
the president of the House of Representatives, members of the House of 
Representatives and the Council of Ministers, and party leaders. The 
president asked the minister of defense, who was reportedly implicated, 
to investigate whether such requests constituted nepotism; the minister 
was replaced shortly after the allegations were made. As of year's end, 
the Government had not released the results of the investigation.
    The constitution provides for the right of access to government 
information; however, there are no specific laws that assure public 
access. Civil servants were not allowed to provide 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.
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. There is a government 
ombudsman, whose portfolio includes human rights, and a legislative 
committee on human rights.
    KISA complained in February 2007 that police applied discriminatory 
and intimidating tactics against it and its chairman, Doros Polykarpou, 
for the activities of the organization. In 2002 police filed a criminal 
case against KISA and Polykarpou in connection with a 2001 fundraising 
drive to cover a migrant worker's medical emergency. KISA's application 
for a permit to conduct the drive was rejected because there is no law 
regulating the collection of funds for health reasons. The case 
resulted in a fine. In 2006 police filed a second criminal case against 
Polykarpou for ``disobeying a court order and receiving stolen goods,'' 
for spending funds raised in the 2001 drive, and a trial began in 
October 2007. In January the attorney general suspended criminal 
proceedings against Polycarpou.
    A number of NGOs considered themselves human rights groups. Most 
were concerned exclusively with alleged violations of the rights of 
Greek Cypriots by Turkey. Other NGOs included groups promoting migrant 
support and awareness of domestic violence and those concerned with 
allegations of police brutality. Domestic NGOs were numerous but had 
limited impact on public opinion or specific legislation. Few 
international NGOs were active in the country.
    The UN, through the CMP, continued its efforts to account for 
persons missing after the intercommunal violence in 1963-64 and the 
conflict of 1974.
    During the year the ombudsman received complaints from citizens and 
foreigners living on the island who believed their rights had been 
violated by the Government. During her independent investigations, the 
ombudsman generally enjoyed good cooperation with other government 
bodies. The ombudsman's annual reports focused on police misconduct, 
treatment of patients at state hospitals and of asylum seekers and 
foreign workers, and gender equality in the workplace. The office of 
the ombudsman was well respected and considered effective. On November 
6, the ombudsman stated that the Government had complied with 80 
percent of her office's recommendations.
    The legislative committee on human rights, which was considered by 
most local NGOs as effective, is made up of 10 members of the House of 
Representatives who serve five-year terms. The committee discusses 
wide-ranging human rights abuses, including trafficking in persons, 
prison conditions, and the rights of foreign workers. The executive 
branch did not exercise control over the committee.
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 effectively 
enforced it. However, violence against women, child abuse, trafficking 
in persons, discrimination against Turkish Cypriots living in the 
government-controlled area, and discrimination against Roma and members 
of minority ethnic and national groups were problems.

    Women.--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. Police indicated that 28 
cases of sexual assault were reported from January through October.
    Violence against women, including spousal abuse, was common and 
there has been a sharp increase in the number of reported cases. 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 
provides for prison terms for the abuse of family members. Doctors, 
hospital workers, and education professionals are required to report 
all suspected cases of domestic violence to police. However, many 
victims refused to testify in court, and by law spouses cannot be 
compelled to testify against each other. In cases of domestic violence 
where the spousal victim was the only witness and refused to testify, 
the courts were forced to drop the case.
    During the year, 689 cases of domestic violence were reported to 
police. In 80 percent of the cases, the victims were female. Police 
investigated 341 criminal cases, and 188 cases were filed in court.
    An NGO working with domestic abuse victims estimated that there was 
a 7.5 percent increase in the number of telephone calls to its hot line 
during the year compared to 2007. The NGO reported that 1,128 
individuals, of whom 81.5 percent were women, 12.5 percent children, 
and 6 percent men, called claiming to be victims of domestic violence. 
The NGO also operated a shelter in Nicosia that served 120 victims of 
domestic violence during the year.
    The law does not prohibit prostitution; however, it is illegal to 
live off the profits of prostitution, and police routinely arrested 
pimps under this section of the law. Procuring a woman for prostitution 
is a misdemeanor. Police reported the arrest and investigation of 38 
individuals for suspected involvement in 15 cases of prostitution from 
January through October; at year's end, authorities continued to 
investigate six of the cases, six cases were pending trial, two cases 
had completed trial and resulted in the conviction of four individuals, 
and one case had been otherwise resolved.
    The law prohibits sexual harassment in the workplace, but there 
were reports that it was a widespread problem with most incidents 
unreported to authorities. In 2006 authorities investigated and 
prosecuted one of the country's ambassadors, Costas Papademas, for 
sexually harassing two female employees at the overseas mission he 
headed. In December 2007 the court found him guilty and sentenced him 
to seven months' imprisonment. However, on May 24, the Supreme Court 
acquitted Papademas, ruling that the main witnesses' testimony was 
unreliable. He served four months in prison in the interim. Although 
the case was widely reported in the press, reaction to his acquittal 
was muted.
    Women generally have the same legal status as men under family law, 
property law, and in the judicial system. The National Mechanism for 
Women's Rights under the Ministry of Justice and Public Order is tasked 
with the promotion, protection, and coordination of women's rights. 
Laws requiring equal pay for men and women performing the same work 
were enforced effectively at the white-collar level, but, despite a 
strong legal framework, the Ministry of Labor and Social Insurance's 
enforcement was ineffective at the blue-collar level. Research by one 
NGO suggested that remuneration for female blue-collar workers was 25 
to 30 percent less than for their male counterparts.
    During the year an NGO representing divorced mothers worked with 
police to encourage efforts to collect delinquent child support 
payments. The courts may garnish wages and assets and ultimately 
imprison persons to enforce child support payments.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    During the year the ombudsman's office received a complaint 
regarding discriminatory treatment of Romani children in public 
education. The ombudsman's investigation was still ongoing at year's 
end.
    Child abuse was a problem. The Welfare Department stated that the 
cases were linked to domestic violence, alcohol abuse, psychological 
illness, and cultural perceptions. Police reported that 32 cases of 
child abuse were prosecuted during the year. Of those, eight resulted 
in convictions, one in acquittal, 20 were pending trial at year's end, 
and three were withdrawn, suspended, or interrupted. Of the 87 child 
abuse cases prosecuted in 2007, 38 resulted in convictions, seven in 
acquittals, 32 were pending trial at the end of 2008, and 10 were 
withdrawn, suspended, or interrupted.
    During the year there were two reports that girls were trafficked 
for commercial sexual exploitation.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were widespread reports that persons were 
trafficked through and within the country. On October 29, the 
Government decided to abolish, effective November 1, the use of artiste 
category work permits for women from non-EU countries working in the 
cabaret industry. As of year's end, the Government had not completed 
drafting regulations to implement the new policy. During the year 
police identified victims of sex trafficking and, for the first time, 
labor trafficking. The police antitrafficking unit remained 
understaffed, although in November a new member was added to its three-
member staff.
    The country was primarily a destination point for women trafficked 
for commercial sexual exploitation, and authorities were aware of and 
generally tolerated the situation despite the 2005 adoption of a 
national action plan to combat trafficking in persons and sexual 
exploitation of children. STOP International alleged that the country 
was being used as a transit point for trafficking, but there were no 
definitive reports to substantiate the allegation. The country was a 
destination for women trafficked from the Dominican Republic, the 
Philippines, Russia, Moldova, Hungary, and Ukraine, as well as from 
Greece, Vietnam, Uzbekistan, Columbia, Romania, Belarus, Bulgaria, and 
the United Kingdom. Within the previous three years, there was evidence 
that female victims coming from China on student visas engaged in 
prostitution and, in some cases, were victims of sexual exploitation. 
NGOs reported that female domestic workers from South and Southeast 
Asian countries were forced to work long hours, and there were 
allegations of labor trafficking, especially in the field of elder 
care. Many domestic workers are reluctant to report contract violations 
by their employers out of fear of losing their jobs and consequently 
their work and residency permits. An NGO reported that there were cases 
of domestic workers whose travel documents were withheld by their 
employers. In one case, a housemaid who accused her employer of rape 
was not allowed to change employers until the completion of her 
employer's trial. In addition, police filed two criminal cases against 
her for working illegally. There were no reliable statistics on the 
number of trafficking victims; however, 50 women pressed charges during 
the year.
    Traffickers fraudulently recruited victims using the ``artiste'' 
employment permit category and often rotated victims among different 
cabarets and cities. In some cases, women reportedly were arbitrarily 
denied part or all of their salaries, forced to surrender their 
passports, raped, beaten, threatened, involuntarily detained, or forced 
into providing sexual services for clients. Contacts in the cabaret 
industry alleged that the ``artistes'' often owed money upon their 
arrival and had a verbal understanding with the cabaret owners to pay 
back the cost of their travel and lodging. Some NGOs alleged that 
government officials with oversight and policing responsibility over 
the sex industry frequented cabarets and nightclubs.
    It is a felony to engage in the exploitation and trafficking of 
persons. However, through the end of October, only one person charged 
with trafficking was convicted and sentenced to two years' 
imprisonment. A 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, as 
well as compensation to the victim, including repatriation expenses. 
The Ministries of Interior, Labor and Social Insurance, justice, 
health, and education and the attorney general shared responsibility 
for combating trafficking as part of the Multidisciplinary Team against 
Trafficking (MDAT), with the Ministry of Interior as the lead. The MDAT 
also included two NGOs.
    Through the end of October, police arrested 95 individuals involved 
in cases related to prostitution and sexual exploitation. Of those, 67 
individuals involved in 31 cases were arrested specifically on 
trafficking charges. Police statistics indicated that 24 cases were 
prosecuted and seven were still under investigation at year's end for 
possible prosecution. All 24 cases are still pending before the courts. 
Of the 23 trafficking cases pending for investigation at the end of 
2007, only one resulted in a two-year conviction, 10 were pending 
trial, seven resulted in acquittals, two were under investigation, two 
were dismissed, and in one prosecution had been suspended at the end of 
2008.
    On December 11, police issued an arrest warrant for a 37-year-old 
Cypriot to assist the investigation of a crime ring suspected of 
trafficking and exploiting Romanian nationals in the country. According 
to press reports, police recovered 200 passports and 78 identity cards 
in a Nicosia apartment, while several arrests were made in Romania. The 
ring reportedly brought victims to Cyprus to work for a fee, then 
seized their passports and identification documents for the purpose of 
extorting more money. The Nicosia police chief stated on December 11 
that police were investigating a serious human trafficking case that 
appeared to involve a large number of foreign nationals and Cypriots.
    Police participated and assisted in 36 trafficking investigations 
in EU countries and 12 trafficking investigations in non-EU countries.
    There were allegations of corruption and xenophobia in the police 
force, the Ministry of Interior, and the Attorney General's Office 
related to trafficking. In April four bishops from the Greek Orthodox 
Church alleged during parliamentary hearings that ``certain government 
officials'' were collaborating with traffickers. One bishop attacked 
the ``artiste'' visa and said it was basically permission for 
traffickers to do business. During the hearings the newspaper Alithia 
reported that police submitted a confidential report to a parliamentary 
committee stating that individuals dealing with trafficking in persons 
``have influence on government officials, which makes the arrest and 
prosecution of traffickers more difficult.''
    The new antitrafficking law expanded victims' rights. According to 
the law, identified victims of trafficking are granted at minimum a 
one-month residency permit to give them time to recover and decide 
whether they wish to cooperate with the police in the investigation and 
to testify at trial. The law obligates the Government to protect and 
support trafficking victims with financial assistance, shelter, medical 
and psychiatric care, and psychological support, as well as legal aid 
and access to government-funded training and educational programs. The 
Government is obligated to facilitate the victims' repatriation under 
safe and dignified conditions. By the end of October, police had 
identified 50 victims of trafficking, all of whom pressed charges 
against their traffickers. During the year government welfare services 
provided financial aid, counseling, and temporary shelter to 89 
victims.
    Despite the protections provided for under the new law, NGOs 
reported that trafficking victims who had provided court testimony in 
antitrafficking cases were excluded from the Government's witness 
protection program, leaving them vulnerable, weakening antitrafficking 
cases, and providing a disincentive for future witness testimony. There 
were also allegations that the Attorney General's Office downgraded 
trafficking cases and systematically placed antitrafficking cases in 
district, not criminal, courts. NGOs allege that the District Courts 
are not as well equipped to deal with antitrafficking cases, leading to 
a lack of convictions on trafficking charges and more lenient 
sentences.
    The Government maintained that most women who qualified as 
trafficking victims chose to return voluntarily to their home countries 
without testifying in court. There were reports that cabaret owners and 
agents for dancers used attorneys to bribe potential witnesses and 
pressured women to withdraw complaints or not to follow through with 
testifying in court. Of the 50 women who requested police protection 
during the year, the Government reported that three testified and 
returned to their home countries, 38 were waiting to testify, and three 
returned to their home countries without testifying. The remaining six 
were residing in the country at year's end because they either were EU 
citizens or had testified in court and were awaiting completion of the 
trials. On average victims waited approximately one year before the 
commencement of their trials, which NGOs alleged resulted in weaker 
cases because of inconsistent testimony and because victims often left 
the country.
    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.
    The NGO Stigma in Limassol operated a shelter for trafficking 
victims until the end of the year, when it closed down due to financial 
difficulties. A Russian-speaking psychiatrist was available to assist 
victims. During the year a total of 43 trafficking victims stayed in 
the shelter. Thirty of them cooperated with police, and 26 of them 
testified or were waiting to testify in court. Although the remaining 
four victims gave testimony to police, it was not deemed sufficiently 
substantive to build a legal case for prosecution against the 
traffickers. Only two of the court cases were completed; in both cases 
the defendants were acquitted. The two victims that testified in the 
completed trials returned to their home countries. There was 
cooperation but no formal referral process between police and the NGO 
shelter. Prior to the opening of the government-run shelter in November 
2007, social welfare services typically housed victims in government-
subsidized homes for the elderly or in hotels.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 in 
practice the Government generally enforced these provisions. The law 
mandates that public buildings and tourist facilities built after 1999 
be accessible to all; however, government enforcement of the law was 
ineffective, and older buildings frequently lacked access for persons 
with disabilities. There were no appropriate institutions for adults 
suffering from mental disabilities who were in need of long-term care.
    The amended People with Disabilities Law, which extended the 
ombudsman's authority to cover discrimination based on disabilities in 
both the private and public sectors, had not been fully implemented by 
year's end. Problems facing persons with disabilities included narrow 
or nonexistent sidewalks, lack of transport, and absence of parking 
spaces, accessible toilets, and elevators. The Government budget 
reportedly included approximately 70,000 euros (approximately $98,000) 
to improve access to government buildings.
    There were no long-term care facilities specifically for persons 
with mental disabilities, but many such persons were housed at the 
Athalassa psychiatric hospital. In September 2007 an association 
representing the parents of children with Down's syndrome complained 
that the Government did not respond to their repeated calls for the 
creation of a specialized center for the treatment of their children, 
particularly those in need of temporary hospitalization. Some were 
housed at Athalassa psychiatric hospital, where they allegedly received 
inadequate care. The parents claimed that the children were naked, 
locked in their wards for too many hours each day, and were under the 
influence of sedative medication.
    In February the president of Cyprus Mental Health Commission, 
Christodoulos Messis, said that, in order to reduce numbers, a great 
number of patients in the Athalassa psychiatric unit were being 
released into nursing homes for the elderly regardless of their age, 
with no plan of rehabilitation within the community. He criticized the 
mental health services for not creating appropriate halfway houses and 
boarding schools to host psychiatric patients wishing to reintegrate 
into society and return to active employment.
    The Ministry of Labor and Social Insurance's Service for the Care 
and Rehabilitation of the Disabled was responsible for protecting the 
rights of persons with disabilities. In addition the minister chaired 
the Pancyprian Council for Persons with Disabilities, which included 
representatives of government services, organizations representing 
persons with disabilities, and employer and employee organizations. The 
council monitored action for the protection of the rights of persons 
with disabilities and served as a forum for persons with disabilities 
to contribute to public policy.

    National/Racial/Ethnic Minorities.--There were reported incidents 
of government and societal discrimination against members of minority 
national and ethnic groups, particularly Turkish Cypriots, Roma, 
Filipinos, Pontian Greeks, and Sri Lankans.
    The 1975 Vienna III Agreement remains the legal source of authority 
regarding the treatment of Turkish Cypriots living in the government-
controlled area. The Government generally effectively enforced the 
agreement, which provides for the voluntary transfer of populations, 
free and unhindered access by UNFICYP to Turkish Cypriots living in the 
south, and facilities for education, medical care, and religious 
activities.
    On December 21, the press reported that a large group of 
schoolchildren beat a 15-year-old Cypriot girl of African descent after 
a school volleyball game. The attackers shouted racist slogans and did 
not stop the beating until police arrived. Her father was notified and 
took her to the hospital where she was treated for severe injuries. The 
girl's father and KISA complained that the police did not take the girl 
to the hospital but instead kept her in a room at the school until her 
father arrived. Moreover, the police turned the father away three times 
when he attempted to file a report. Police made no arrests in 
connection with the incident even though it took place in front of a 
large group of witnesses. The minister of education, members of the 
House of Representatives, and other officials made statements strongly 
condemning the attack and admitting that Cypriot children were having 
difficulty accepting multiculturalism. The minister stated that the 
case had powerful elements of racism and aggression and underlined that 
the question of racism needed to be addressed by the political 
leadership and society in its entirety. However, the teachers' union, 
OELMEK, denied that there was racism in schools. The ombudsman opened 
an investigation into the incident.
    Some Turkish Cypriots living in the government-controlled area 
reportedly faced difficulties obtaining identification cards and other 
government documents, particularly if they were born after 1974. 
Turkish Cypriots made few formal complaints to UNFICYP about their 
living conditions in the south. Complaints most often concerned the 
lack of affordable accommodation.
    After complaining repeatedly about the lack of a Turkish-language 
school in Limassol, the Turkish Cypriot teachers' union filed suit, 
seeking a declaration from the Supreme Court that a 2005 decision by 
the Council of Ministers to operate a mixed elementary school in 
Limassol with a specialized program and staff to serve the needs of the 
Turkish-speaking students was null and void. The union argued that, 
under the 1960 constitution, the Council of Ministers has no competence 
in matters of education of Turkish Cypriots. On March 26, the Supreme 
Court rejected the union's appeal. The Government stated that, 
according to surveys of Turkish Cypriots in the government-controlled 
area, none had requested a Turkish-language school.
    The ombudsman received complaints that the Government denied 
automatic citizenship for children of Turkish Cypriots married to 
Turkish citizens. Instead of granting citizenship automatically, the 
Ministry of Interior routinely sought approval from the Council of 
Ministers before confirming the citizenship of such children. During 
the year the Council of Ministers approved 108 cases. The ombudsman's 
office had no authority to examine the complaints because the Council 
of Ministers' decision to apply different criteria for granting 
citizenship to children born to one Turkish parent was a political one. 
However, children of Turkish Cypriots married to Turkish citizens and 
living outside of Cyprus were automatically granted citizenship.
    On June 12, the Turkish Cypriot press reported that Turkish Cypriot 
Emirali Parlan and his seven Turkish Cypriot colleagues working at a 
construction site in Paralimni said they were attacked and beaten by 
Greek Cypriot police. Parlan said that police officers first pointed 
their revolvers at the workers, handcuffed them to each other, then 
made them lie on the ground, beat them, and made them stay on the 
ground under the sun for a half-hour. Parlan claimed that he showed his 
Republic of Cyprus identification to police, but they dropped it on the 
ground and later left laughing as if nothing had happened. The incident 
was investigated by the independent Authority for Investigation of 
Allegations and Complaints against Police, which found that no offense 
was committed by police officers.

    Other Societal Abuses and Discrimination.--Despite legal 
protections, homosexuals faced significant societal discrimination, and 
few homosexuals in the country were open about their sexual 
orientation. One NGO reported that there were complaints of 
discrimination toward homosexuals.
    An NGO reported complaints of discrimination toward persons with 
HIV/AIDS. NGOs were reluctant to initiate awareness campaigns.

    Incitement to Acts of Discrimination.--The Government continued to 
use textbooks at the primary and secondary school levels that included 
language biased against Turkish Cypriots and Turks or that refrained 
from mentioning the Turkish-Cypriot community altogether. This was a 
particularly serious concern with history textbooks. Anecdotal evidence 
indicated that teachers used handouts and held discussions that 
included inflammatory language in the classroom. A special government 
committee was set up during the year to look at issues of education 
reform, including updating history textbooks. In September the 
education minister distributed a circular to all state schools that 
called for ``the cultivation of a culture of peaceful coexistence, 
mutual respect, and cooperation between Greek Cypriots and Turkish 
Cypriots.'' However, some teachers, politicians, and religious leaders 
criticized the circular.
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 
independent unions of their own choosing without prior authorization, 
and workers did so in practice. Police officers were permitted to join 
only 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. The law allows unions to conduct their activities 
without interference, and the Government generally protected this right 
in practice. All workers have the right to strike; however, authorities 
have the power to curtail strikes in ``essential services,'' although 
this power was used rarely in practice. The law provides that members 
of the armed forces, police, and the gendarmerie do not have the right 
to strike, but it is recognized for all other providers of essential 
services. An agreement between the Government and essential services 
personnel provides for dispute resolution and protects workers in the 
sector.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and workers exercised this right in 
practice; however, collective bargaining agreements were not legally 
enforceable. Collective bargaining agreements covered all workers, 
citizen and foreign, with the exception of housekeepers and cabaret 
workers; approximately 60 percent of workers were covered by such 
agreements.
    Antiunion discrimination is illegal, but union leaders contended 
that private sector employers were able to discourage union activity 
because the enforcement of labor regulations was sporadic and penalties 
for antiunion practices were minimal.
    There are no special laws for or exemptions from regular labor laws 
in the export processing zone at 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 women and children were trafficked for 
commercial sexual exploitation and domestic labor. NGOs reported 
isolated cases of asylum seekers trafficked for labor in agriculture.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the employment of children, defined as persons under 15, 
except in certain cases such as a combined work-training program for 
children who have attained the age of 14 and employment in cultural, 
artistic, sports, or advertising activities subject to certain rules. 
The law permits the employment of adolescents, defined as persons 
between the ages of 15 and 18, subject to certain rules and 
restrictions.
    The Government effectively enforced laws and policies to protect 
children from exploitation in the workplace; however, there were two 
reports of children trafficked for commercial sexual exploitation. The 
minimum age for employment in an ``industrial undertaking'' is 16. 
Ministry of Labor and Social Insurance inspectors are responsible for 
enforcing the child labor laws and did so effectively. There were 
isolated examples of children under 16 working for family businesses.

    e. Acceptable Conditions of Work.--The minimum wage was 743 euros 
(approximately $1,040) per month for shop assistants, nurses' 
assistants, clerks, hairdressers, and nursery assistants. The minimum 
wage rose to 789 euros ($1,100) after six months' employment. For 
asylum seekers working in the farm/agricultural sector, however, the 
minimum wage was either 375 euros ($525) with accommodation and food 
provided or 675 euros ($945) without accommodation and food. Neither 
amount provided a decent standard of living for a worker and family. 
Almost 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 wages set for unskilled 
workers not covered by the collective bargaining agreements, i.e. non-
EU artistes and domestic workers, were typically lower than the legal 
minimum wage.
    The Ministry of Interior's Migration Services set the starting 
salary for foreigners working as housekeepers at a minimum of 282 euros 
(approximately $395) per month, plus a minimum of 120 euros ($168) for 
lodging if the worker was not a live-in, and an additional 16 percent, 
which employers were required to pay directly to the Government for 
social insurance. Medical insurance, visa fees, travel, and 
repatriation expenses are covered by the employers. Cabaret artists' 
contracts typically stipulated that workers receive at least 18 euros 
($25) per day, or 510 euros ($714) per month. Foreign workers were 
allowed to claim pensions, and in some cases there were bilateral 
agreements that allowed workers to claim credit in their home 
countries. Unions and labor confederations generally effectively 
enforced negotiated wage rates (collectively bargained rates), which 
were generally much higher than the minimum wage. Migration Services 
was responsible for enforcing the minimum wage for foreign workers but 
did not actively do so.
    The legal maximum workweek was 48 hours, including overtime. Unions 
and employers within the same economic sector collectively determined 
the actual working hours. In the private sector, white-collar employees 
typically worked 39 hours a week and blue-collar employees worked 38 
hours a week. In the public sector, the workweek was 38 hours in the 
winter and 35 hours in the summer. The law does not require premium pay 
for overtime or mandatory rest periods; this is usually stipulated in 
the contracts of workers and in the collective agreements in larger 
sectors. The same conditions applied to foreign workers. Ministry of 
Labor and Social Insurance inspectors are responsible for effectively 
enforcing these laws. However, labor unions reported problems in their 
enforcement in sectors not covered by collective agreements. They also 
reported that certain employers, mainly in the building industry, 
exploited illegal foreign workers by paying them wages that were much 
lower than those provided for in the collective agreements.
    The Ministry of Labor and Social Insurance experienced a 
substantial increase in the number of complaints of labor exploitation. 
Foreign workers, primarily from Eastern Europe and East and South Asia, 
were reportedly forced to work up to 13 hours a day, seven days a week, 
for very low wages. NGOs and the ombudsman confirmed that employers 
often retained a portion of foreign workers' salaries as payment for 
accommodations.
    There were reports of mistreatment of maids and other foreign 
domestic workers. Such reports usually involved allegations that maids, 
primarily from East or South Asia, were mistreated by their employers 
or fired without cause in violation of their contracts. Although the 
law protects domestic workers who file a complaint with the Ministry of 
Labor and Social Insurance from being deported until their cases have 
been adjudicated, NGOs reported that many of them did not complain to 
authorities due to fear of deportation.
    Health and safety laws apply to places of work in all economic 
sectors and were enforced by government inspectors. Factory inspectors 
processed complaints and inspected businesses to ensure that 
occupational safety laws were observed. Their inspections were 
supported by close government cooperation with employer/employee 
organizations. However, the law does not apply to private households 
where persons are employed as domestic servants. Workers have the right 
to remove themselves from work situations that endanger health or 
safety without jeopardy to their continued employment, and authorities 
effectively enforced this right.


               THE AREA ADMINISTERED BY TURKISH CYPRIOTS

    Since 1974 the northern part of Cyprus, with a population of 
approximately 256,000 persons has been run by a Turkish Cypriot 
administration that proclaimed itself the ``Turkish Republic of 
Northern Cyprus (TRNC)'' in 1983. The United States does not recognize 
the ``TRNC,'' nor does any country other than Turkey. Mehmet Ali Talat 
was elected ``president'' in 2005 in free and fair elections. Elections 
to the ``Assembly of the Republic'' in 2005 were also free and fair and 
resulted in the formation of a coalition ``government.'' The 2006 
elections for two empty seats in ``parliament,'' together with the 
municipal elections, were generally free and fair. The ``TRNC 
government'' was restructured in 2006 when a minority coalition partner 
was replaced. The ``TRNC constitution'' is the basis for the laws that 
govern the area administered by Turkish Cypriots. Police and security 
forces were ultimately under the operational command of the Turkish 
military, per transitional article 10 of the ``TRNC constitution,'' 
which cedes responsibility for public security and defense 
``temporarily'' to Turkey.
    Turkish Cypriot authorities generally respected the human rights of 
citizens living under their control; however, there were problems in 
some areas. Police abuse of detainees and arbitrary arrest and 
detention continued to be problems. There were also restrictions on 
citizens' privacy rights and on the rights of asylum seekers. There was 
no regulatory infrastructure to handle asylum applications or to 
protect the rights of asylum seekers. 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 that authorities or their agents committed arbitrary or 
unlawful killings.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Authorities participated in the autonomous, tripartite (UN, Greek 
Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP) in 
Cyprus as part of its continuing efforts to account for persons who 
remained missing after the intercommunal violence in 1963 64 and the 
conflict of 1974. In 2006 the CMP began its project to exhume, 
identify, and return remains. By year's end the CMP exhumed the remains 
of a total of 457 missing persons and returned the remains of 32 
Turkish Cypriots to their families. Exhumations continued in different 
parts of the island. According to the CMP, 1,395 Greek Cypriots and 470 
Turkish Cypriots remained missing.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports that police abused detainees.

    Prison and Detention Center Conditions.--Prison conditions did not 
meet international standards. Inmates complained of overcrowding at the 
prison, but the authorities claimed that they addressed the problem. 
Inmates also raised complaints, via the media, regarding unsanitary 
living conditions and prison authorities' negligence. In the 291 
person-capacity prison, the introduction of a bunk bed system raised 
official capacity from 291 to 441 persons; of the 331 prisoners held 
there at year's end, 54 percent were foreigners, mostly Turkish 
citizens. More than 35 percent of the prisoners were awaiting trial.
    In May 2007 a riot broke out at the prison. The prison authorities 
summoned the special riot police to restore order. According to 
reports, the violence broke out over drug dealing. However, police 
allegedly targeted not only rioters, but the general prison population, 
subjecting scores of prisoners to truncheon blows. The Turkish Cypriot 
Doctors' Association obtained permission from the ``Ministry of 
Interior'' and, on May 10, entered the prison to examine the inmates. 
Of a random sample of 60 prisoners, 54 had heavy bruising of their 
legs, consistent with blows from truncheons. The ``prime minister'' 
subsequently announced that the police intervention would be 
investigated, but no results had been announced by year's end.
    In September the media reported that a number of inmates were on 
hunger strike protesting the poor living conditions in the prison. In 
October a group of inmates set their beds on fire to protest what they 
considered to be severe punishment in the prison.
    Juveniles were not held separately from adults.
    The authorities permitted prison visits by independent human rights 
observers and journalists. A group from the Turkish Cypriot Doctors 
Association visited the prison in May 2007 to observe and investigate. 
A group from the Turkish Cypriot Bar Association and another from the 
Turkish Cypriot Human Rights Association visited the prison during the 
year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the authorities generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Police are responsible 
for law enforcement. The chief of police reports to a Turkish Cypriot 
general, who is nominally under the supervision of the ``Prime 
Ministry,'' holding the ``security portfolio.'' However, the police and 
security forces are ultimately under the operational command of the 
Turkish military per transitional article 10 of the ``TRNC 
constitution,'' which ``temporarily'' cedes responsibility for public 
security and defense to Turkey. Security forces were generally 
cooperative with civilian authorities and effective in matters of law 
enforcement. The police are divided into eight functional divisions and 
five geographic divisions.
    The ``Office of the Attorney General'' continued to work in 
conjunction with the inspection division (or occasionally the criminal 
investigative division) to conduct investigations into allegations of 
police misconduct. There were no investigations resulting in the 
prosecution of officers for the abuse of detainees during the year.

    Arrest and Detention.--Judicially issued arrest warrants were 
required to arrest a person. No person could be detained for more than 
24 hours without referral of the case to the courts for extension of 
the period of detention. The authorities generally respected this right 
in practice. Detainees were usually promptly informed of charges 
against them, although individuals believed to have committed a violent 
offense often were held for longer periods of time without charge. 
Judges could order that suspects be held for investigative detention 
for up to 10 days before formal charges are filed, or up to three 
months for those accused of serious crimes. Bail was permitted and 
routinely used. Detainees were usually allowed prompt access to family 
members and a lawyer of their choice. The authorities provided lawyers 
to the destitute for violent offenses only. Particularly at the time of 
arrest, police sometimes did not observe legal protections. Some 
suspects were not permitted to have their lawyers present when 
testimony was taken, in contravention of the law. Suspects who demanded 
the presence of a lawyer were sometimes threatened with stiffer charges 
or physically intimidated.
    In September the lawyer representing Ferhat Beyoglu and Metin 
Taskin, both accused murder suspects, claimed in court that police were 
using torture to pressure his clients to plead guilty. The judge 
ordered a medical exam of the suspects, which resulted in no 
substantiation of the defendants' claims, and the trials proceeded.
    In August, three Iranians arrested in Famagusta for possession of 
opium complained in court that they were tortured by narcotics police 
in order to force them to plead guilty. The lawyers for two of the 
three suspects complained that their clients were stripped naked and 
beaten in detention and pressured to sign a statement. The judge 
ordered the suspects to undergo a medical examination, which resulted 
in no substantiation of the defendants' claims, and the trials 
proceeded.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the authorities generally respected judicial 
independence in practice.
    Most criminal and civil cases begin in District Courts, from which 
appeals are made to the ``Supreme Court.'' There were no special courts 
for political offenses. In 2007 legislation was passed transferring 
jurisdiction from military to civilian courts for cases in which 
civilians are accused of violating military restrictions, such as 
filming or photographing military zones.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. The ``TRNC 
constitution'' provides for public trials, the defendant's right to be 
present at those trials, and the defendant's right to consult with an 
attorney in a timely manner. The authorities provided lawyers to the 
destitute for violent offenses only. Defendants are allowed to question 
witnesses against them and present evidence or witnesses on their 
behalf. The law also requires that defendants and their attorneys have 
access to evidence held by the ``government'' related to their cases. 
Defendants enjoy a presumption of innocence and have a right of appeal. 
Authorities generally respected these rights in practice.
    In September the head of the Nicosia Bar, Baris Mamali, complained 
via the media that the rights of detainees were not sufficiently 
implemented, contravening ``TRNC'' constitutional articles 16-18. 
Mamali confirmed that legally granted rights such as the right to 
remain silent and the right to a lawyer were not uniformly applied. 
Mamali also stated that arbitrary and unjust arrests took place at 
times.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There was generally an 
independent and impartial judiciary for civil matters, permitting 
claimants to bring lawsuits seeking damages for human rights 
violations. There were generally no problems enforcing domestic court 
orders.

    Property Restitution.--During the year Greek Cypriots continued to 
pursue property suits in the European Court of Human Rights (ECHR) 
against the Turkish government for the loss since 1974 of property 
located in the area administered by Turkish Cypriots. Under ECHR rules, 
an appellant does not have standing to bring a case before the ECHR 
until that appellant exhausts all local remedies, unless no adequate 
local remedy exists. In response to the ECHR's 2005 ruling in the 
landmark Xenides Arestis case that Turkey's ``subordinate local 
authorities'' in Cyprus had not provided an adequate local remedy, 
Turkish Cypriot authorities established a ``Property Commission'' to 
handle claims by Greek Cypriots. In May 2006 the ``Property 
Commission'' began reviewing Greek Cypriot claims and had reportedly 
received 378 applications by year's end. By the end of December, 52 
cases had been completed; three applicants received restitution of 
their properties outright (plus compensation), one received restitution 
pending a future settlement of the Cyprus problem, while 46 accepted 
compensation in lieu of restitution. Two property exchange (plus 
compensation) decisions were also taken. In 2006 the ECHR ruled that 
the commission had satisfied ``in principle'' the ECHR's requirement 
for an effective local remedy.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, there were 
reports that police subjected Greek Cypriots and Maronites living in 
the area administered by Turkish Cypriots to surveillance. Although the 
authorities reported otherwise, a Maronite representative confirmed 
that houses in three enclaved villages were occupied by the Turkish 
military during the year.
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 authorities generally respected these 
rights in practice; however, journalists were at times obstructed in 
their reporting, fined, and threatened with more serious charges.
    Individuals can and generally did publicly criticize the 
authorities without reprisal. However, in November two youths were 
arrested for forming a group on the Facebook Internet site that 
involved ``gross personal insults'' against ``TRNC president'' Mehmet 
Ali Talat. The youths were detained for three days and released pending 
trial.
    The independent media were active and expressed a wide variety of 
views without restriction. International media were generally allowed 
to operate freely. Bayrak Radyo Televizyon Kurumu is the only 
``government''-owned television/radio station.

    Internet Freedom.--The authorities did not restrict access to the 
Internet, and there were no reports that they monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
Internet was easily accessible and widely available to the public.

    Academic Freedom and Cultural Events.--The authorities did not 
restrict academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly and association, and the authorities generally 
respected this right in practice.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the authorities generally respected this right in practice.
    Greek Cypriots and Maronites were still prohibited from visiting 
religious sites located in military zones. Greek Cypriots and Maronites 
were required to apply for permission to conduct church services 
anywhere other than the seven churches designated by the authorities.
    Missionaries have the legal right to proselytize, but the 
authorities closely monitored such activities.

    Societal Abuses and Discrimination.--Greek Cypriots living in the 
government-controlled area continued to assert that vandals damaged 
vacant Greek Orthodox churches and removed religious icons in the area 
administered by Turkish Cypriots in previous years; there were no 
reported investigations of these incidents. Greek Cypriot claims 
included alleged Turkish Cypriot misuse of a Greek Orthodox church in 
the village of Trimithi as a ceramics showcase. Turkish Cypriot 
authorities denied the claim that using the church as a ceramics 
showcase constituted misuse.
    There were no reports of anti-Semitic acts. The Jewish community is 
very small and composed primarily of nonresident businesspersons.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for freedom of movement 
within the area administered by Turkish Cypriots, foreign travel, 
emigration, and repatriation, and the authorities generally respected 
these rights in practice.
    Turkish Cypriot authorities' cooperation with the Office of the UN 
High Commissioner for Refugees (UNHCR) in providing protection and 
assistance to asylum seekers was uneven, due at least in part to 
complications arising from the unrecognized status of the ``TRNC.'' No 
law exists regarding the handling of asylum applications, but 
procedures were conducted in accordance with an annually renewed 
project agreement between the UNHCR and the Turkish Cypriot authorities 
on the rehabilitation of asylum seekers. There is a Turkish Cypriot 
UNHCR representative in the area administered by Turkish Cypriots. 
Asylum seekers, if they qualify after a preliminary investigation, are 
referred to the UNHCR representative. During the year, seven Iraqis, 
seven Palestinians, three Cameroonians, one Afghani, and one Russian 
applied for asylum. At year's end, there were 15 asylum seekers with 
work permits issued by the authorities in the area administered by 
Turkish Cypriots. The UNHCR provided assistance to the asylum seekers. 
There are no reliable estimates of the number of asylum seekers 
crossing into the government-controlled areas, as irregular crossings 
go unrecorded.
    Greek Cypriots and Turkish Cypriots were required to show 
identification cards when crossing the green line. In addition Greek 
Cypriots and foreigners crossing into the area administered by Turkish 
Cypriots were required to fill out a ``visa'' form.
    In 2006 the immigration law was amended, and the authorities 
reported that all illegal immigrant workers were registered. According 
to the new law, all employers who wish to bring foreign workers need 
official permission from the ``Department of Labor'' to register 
workers. As a result of the new law, the number of illegal workers, and 
thus illegal immigrants, in the area administered by Turkish Cypriots 
decreased dramatically. The authorities deported illegal immigrants 
found without work permits. All illegal immigrants without work permits 
were prohibited from entering the ``TRNC'' at the ports of entry. 
Asylum seekers were generally treated as illegal immigrants, and were 
either deported or denied entry.
    The authorities no longer maintained general restrictions on 
visitors to the 358 Greek Cypriots and 121 Maronites living in enclaves 
in the area administered by Turkish Cypriots, although there were 
reports that specific refugees from the enclaved villages were barred 
from returning to them.
    Turkish Cypriots had difficulty traveling to most countries because 
only Turkey recognizes travel documents issued by the ``TRNC.'' Some 
Turkish Cypriots used Turkish travel documents, but many obtained 
travel documents issued by the ROC. Turkish Cypriots born after 1974 to 
parents who were ROC citizens before 1974 obtained ROC passports 
relatively easily, compared to Turkish Cypriots born after 1974 to one 
Cypriot parent. Children of Turkish Cypriot mothers and Turkish fathers 
were usually denied citizenship by ROC authorities. It was reported 
that children of Turkish Cypriot fathers and Turkish mothers also faced 
some obstacles. Children born to ``TRNC'' citizen parents of Turkish 
origin could not receive ROC citizenship and passports.
    The law prohibits forced exile, and the authorities did not employ 
it.

    Internally Displaced Persons (IDPs).--Although they would fall 
under the UN definition of IDPs, Turkish Cypriots considered those 
displaced as a result of the division of the island to be refugees. 
These persons and their descendants numbered approximately 90,000 to 
100,000 in the north. They were resettled, had access to humanitarian 
organizations, and were not subject to attack, targeting, or return 
under dangerous conditions.

    Protection of Refugees.--The law does not provide for the granting 
of asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees or its 1967 protocol, and the 
authorities neither granted refugee or asylum status and did not 
establish a system for providing protection to refugees. In practice 
authorities did not provide protection against the expulsion or return 
of refugees to countries where their lives or freedom would be 
threatened. Individuals who requested asylum were supposed to be 
directed to the UNHCR. However, the authorities' cooperation with the 
UNHCR was uneven, due at least in part to complications arising from 
the unrecognized status of the ``TRNC.'' There were reports that the 
authorities at times refused entry to persons who arrived with or 
without proper documentation at ports of entry, denying them the 
opportunity to apply for asylum through the UNHCR.
    In September 2007, 17 Iraqis and Palestinians were arrested for 
trying to enter the ``TRNC'' through illegal means in a fishing boat 
and handed over to the UNHCR. There were also reports of Syrians and 
other nationalities utilizing newly established ferry links between 
Syria and the ``TRNC'' to arrive on the island with the intent of later 
crossing illegally into the government-controlled area.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides Turkish Cypriots the right to change their 
government peacefully, and they exercised this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.

    Elections and Political Participation.--Turkish Cypriots choose a 
leader and a representative body every five years or less. In the 2005 
``parliamentary'' elections, which were free and fair, parties favoring 
a solution to the division of the island based on the UN settlement 
plan, known as the Annan Plan, took a near majority of seats.
    Greek Cypriots and Maronite residents were prohibited from 
participating in Turkish Cypriot ``national'' elections; they were 
eligible to vote in Greek Cypriot elections but had to travel to the 
Government controlled area to exercise that right. In 2006 Greek 
Cypriot and Maronite communities in the area administered by Turkish 
Cypriots directly elected municipal officials for the first time; 
previously, the ROC appointed these representatives. The Turkish 
Cypriot authorities did not recognize these ROC officials.
    Authorities did not restrict the political opposition, and 
membership or nonmembership in the dominant party did not confer formal 
advantages or disadvantages. However, there were widespread allegations 
of societal cronyism and nepotism.
    There were three women in the 50 seat ``parliament,'' including the 
``speaker.''
    There were no minorities represented in the ``parliament.''

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, authorities implemented the 
law inconsistently and officials sometimes engaged in corrupt 
practices. Corruption, cronyism, and lack of transparency were 
generally perceived to be serious problems in the legislative and 
executive branches.
    In November a public servant was sentenced after a lengthy trial to 
four years in prison for defrauding the state electricity authority 
from 1998 to 2000.
    The media reported in August that 116 corruption and/or abuse cases 
written up by the Court of the Exchequer since 1986 were still awaiting 
review by the ``parliament.''
    In June 2007 recurrent and serious allegations of corruption led to 
the dismissal of the ``minister of economy and tourism,'' who 
represented the junior coalition partner. The ``minister'' was replaced 
with a ``member of parliament'' from the same party. Many accounts 
claimed that the ``minister'' was soliciting bribes from individuals 
and companies which applied for licenses, land allocation and other 
services. The details and scope of the corruption was unknown. No 
investigation was carried out regarding the allegations by year's end.
    Opposition parties continued to claim that the ``government'' 
mostly hired supporters of the two ruling coalition parties for public 
sector jobs during the year.
    The ``constitution'' provides for the right of free access to 
``government'' information; however, there are no specific laws that 
provide for public access. Civil servants were not allowed to give 
access to ``government'' documents without first obtaining permission 
from their directors or the ``minister.'' There were no reported cases 
of persons being denied access to ``government'' information during the 
year.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups 
generally operated without restriction from the authorities, 
investigating and publishing their findings on human rights cases. The 
authorities often were cooperative and responsive to their views.
    Local human rights groups were concerned almost exclusively with 
alleged violations of Turkish Cypriot rights by Greek Cypriots. Other 
NGOs included groups promoting awareness of domestic violence, women's 
rights, and trafficking in persons. These groups were numerous but had 
little impact on public opinion or specific legislation A few 
international NGOs were active in the area administered by Turkish 
Cypriots, but many were hesitant to operate there due to political 
sensitivities related to working in this unrecognized area.
    The UN, through the CMP, continued its efforts to account for 
persons who remained missing after the intercommunal violence beginning 
in 1963 64 and the conflict of 1974.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the authorities generally enforced it; 
however, violence against women, trafficking in persons, and 
discrimination against Greek Cypriots and Maronites were problems.

    Women.--The 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.
    Violence against women, including spousal abuse, was a problem. The 
law prohibits domestic violence. Even though claims were usually 
considered a family matter and settled out of court, there were twelve 
domestic violence cases tried during the year, five of which were still 
pending. The completed seven cases resulted in various fines but no 
prison sentences. The authorities considered a case credible only if 
there was at least one witness in addition to the victim.
    The law does not specifically prohibit prostitution; however, 
encouraging or forcing a person to engage in prostitution is illegal, 
and procurement of a prostitute is a misdemeanor. The law regulating 
the hiring of women at nightclubs and cabarets provides penalties for 
women and employers who ``partially or completely earn a living from 
prostitution.''
    The law does not specifically prohibit sexual harassment; however, 
victims could pursue such cases under other sections of the law. Sexual 
harassment was not discussed widely, and any such incidents largely 
went unreported.
    Women generally have the same legal status as men under property 
law, family law, and in the judicial system. Laws requiring equal pay 
for men and women performing the same work were generally enforced at 
the white-collar level; however, women working in the agricultural and 
textile sectors were routinely paid less than their male counterparts. 
There were several NGOs, but no functioning ``government'' agencies, 
that worked to protect women's rights.

    Children.--The authorities were generally committed to children's 
rights and welfare.
    Turkish Cypriot authorities continued to screen all textbooks sent 
to the Rizokarpasso Gymnasium, a Greek Cypriot school, but did not send 
textbooks deemed as derogatory back to the government-controlled area.
    There were no reported cases of child abuse; however, as with 
domestic violence, there were social and cultural disincentives to seek 
legal remedies for such problems, which observers believed were 
underreported.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons, and there were widespread reports that women were trafficked 
to and within the area administered by Turkish Cypriots for the purpose 
of sexual exploitation. The green line reportedly serves as a porous 
crossing point for traffickers to move victims into the south.
    Authorities issued worker ``visas'' to women, primarily from 
Eastern Europe, permitting their entry into the area administered by 
Turkish Cypriots to work in nightclubs and cabarets. There were 
credible reports that many of these women engaged in prostitution and 
that some women were coerced. The authorities acknowledged the 
existence of trafficking; however, they often confused it with human 
smuggling or illegal immigration. According to researchers, women 
working in nightclubs and cabarets often were sold by agencies that had 
advertised for models, babysitters, or elder caregivers. They also said 
that large casinos had offered women as ``gifts to their richest 
customers.'' By year's end, authorities had tried and concluded 34 
prostitution-related cases. Of these, 13 involved charges of 
encouraging prostitution, five involved charges of engaging in 
prostitution, and 16 involved charges of profiting from prostitution. 
All the cases resulted in fines but no prison sentences.
    The authorities examined the extent of the trafficking problem and 
began to offer some assistance to victims. The ``Ministry of Health'' 
collected questionnaires on working and living conditions from 
nightclub and cabaret employees and hired a Russian-speaking staff 
member to interview the women in private to ascertain whether they were 
coerced or forced to engage in prostitution.
    In 2006 report by the NGO Prologue Consulting Ltd. concluded that 
many women working at nightclubs and cabarets were trafficked. Release 
of the report sparked numerous press reports and public debate. In 
February, at the first-ever antitrafficking conference held in the area 
administered by Turkish Cypriots, authorities condemned the practice.
    The police reported that they had assisted international 
trafficking investigations through Turkish authorities.
    There was one NGO available to provide assistance to trafficking 
victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 in 
practice the authorities effectively enforced these provisions. The 
``government'' employed 423 persons with disabilities and provided 
financial aid to another 3,155 of the approximately 3,928 known persons 
with disabilities in the area administered by Turkish Cypriots. The law 
does not mandate access to public buildings and other facilities for 
persons with disabilities. A local NGO reported that this remained the 
greatest problem for persons with disabilities in the area administered 
by Turkish Cypriots.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination, and 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 358 Greek 
Cypriot and 121 Maronite residents.
    Under the Vienna III Agreement, UNFICYP visited the enclaved Greek 
Cypriots weekly and the Maronites twice a month; any additional visits 
had to be preapproved by the authorities. Although the Vienna III 
Agreement provides for medical care by a doctor from the Greek Cypriot 
community, the authorities only permitted care provided by registered 
Turkish Cypriot doctors; enclaved persons also traveled to the 
government-controlled area for medical care.
    Greek Cypriots and Maronites were able to take possession of some 
of their properties but were unable to leave any of their properties to 
heirs residing in the government-controlled area. The authorities 
allowed the enclaved residents to make improvements to their homes and 
to apply for permission to build new structures on their properties. 
Maronites living in the government-controlled area could use their 
properties only if those properties were not under the control of the 
Turkish military or allocated to Turkish Cypriots.
    A majority of foreign workers in the area administered by Turkish 
Cypriots were Turkish. One NGO reported that Turkish workers often were 
targeted by police investigations during the year, albeit less 
frequently after the authorities registered all foreign workers. The 
same NGO also reported that many Turkish workers lived in derelict 
buildings in Nicosia, with up to 20 persons sleeping in one room. Those 
working in the agricultural or construction sectors reportedly were 
forced to sleep on the ground, and those working at restaurants were 
seen sleeping after hours on chairs in the establishments where they 
work.

    Other Societal Abuses and Discrimination.--The law criminalizes 
homosexuality in the area administered by Turkish Cypriots. 
Homosexuality remained highly proscribed socially and rarely discussed.
    There were no reports of discrimination against persons with HIV/
AIDS.
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 
independent unions of their own choosing without prior authorization, 
and workers did so in practice. Approximately 1 percent of private 
sector workers, 60 to 70 percent of semipublic sector workers, and 
nearly all public sector workers belonged to labor unions. The law 
allows unions to conduct their activities without interference, and the 
authorities generally protected this right in practice.
    Although the law provides for the right to strike, employers have 
an unrestricted right to hire replacement workers in the event of a 
strike, which limited the effectiveness of the right to strike. The law 
does not ensure due process for essential service workers and states 
that judges and members of the police and armed forces do not have the 
right to strike. Authorities have the power to curtail strikes in 
``essential services'' Although this power was rarely used in practice, 
in October 2007 the ``government'' invoked its right to postpone a 
strike for 60 days at the ``state'' university, citing the crucial need 
of students to continue their education without interruption. The wage-
related dispute between the ``government'' and the unions was mostly 
resolved.
    Some companies pressured workers to join unions led or approved by 
the company. Officials of independent unions claimed that the 
authorities created rival public sector unions to weaken the 
independent unions.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and workers exercised this right in 
practice; however, collective bargaining agreements were not legally 
enforceable. The ``Ministry of Economy'' and union officials estimated 
that 98 percent of workers in the public sector, 60 to 70 percent of 
workers in the semipublic sector, e.g., the ``state'' university, and 1 
percent of workers in the private sector were unionized. Public and 
semipublic employees made up approximately 30 to 35 percent of the work 
force and benefited from collective bargaining agreements.
    The law does not prohibit antiunion discrimination, and union 
leaders claimed that private sector employers were able to discourage 
union activity because the enforcement of labor regulations was 
sporadic and penalties such as reassignment to an undesirable location 
or denial of promotion for antiunion practices were nominal.
    There are no special laws for or exemptions from regular labor laws 
in the export processing zone at 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 such practices occurred. Women were trafficked 
for commercial sexual exploitation. Legal and illegal migrant workers 
were subject to reduced wages or nonpayment of wages, beatings, and the 
threat of deportation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
authorities effectively enforced the laws and policies to protect 
children from exploitation in the workplace.
    The minimum age for employment in an ``industrial undertaking'' is 
16, and children may be employed in apprentice positions at 15. Labor 
inspectors enforced the law effectively. It was common in family-run 
shops for children to work after school, and children as young as 11 
worked in orchards during school holidays.
    In June the ``Ministry of Labor'' announced that 32 child workers 
were detected in inspections in May and that legal action was taken 
against the employers.

    e. Acceptable Conditions of Work.--Effective January 1, the minimum 
wage was 1,060 lira (approximately $665), which did not provide a 
decent standard of living for a worker and family. In August the 
minimum wage was raised to 1,190 lira ($750). Migrant workers often 
were offered substandard accommodation as part of their compensation or 
were made to pay for accommodation. The ``Ministry of Labor and Social 
Security'' is responsible for enforcing the minimum wage, and it was 
generally enforced. However, one NGO reported that legal foreign 
workers in general were paid below the minimum wage.
    The legal maximum workweek was 38 hours in the winter and 36 hours 
in the summer. Labor inspectors generally enforced these laws, except 
in the case of migrant workers, who worked irregular hours and at times 
reportedly were required by their employers to work up to 14 hours per 
day, seven days a week. The law requires overtime pay, but it was not 
uniformly enforced.
    As part of an overall program to better regulate legal foreign 
workers, the ``Ministry of Labor and Social Security'' and police 
routinely checked restaurants, hotels, nightclubs, casinos, and 
construction sites to ensure that workers had valid work ``permits,'' 
that they had signed a contract with their employers, and that working 
conditions were safe and sanitary.
    In September 2007 the ``government'' amended the labor law, 
prohibiting the employment of workers in the construction sector and 
related fields on Sundays. The ``Ministry of Labor and Social 
Security'' stated the amendment was needed in part to prevent employers 
from forcing employees to work seven days a week. The authorities and 
the police jointly implemented the law and warned or fined employers in 
contravention of it.
    The authorities sporadically enforced occupational safety and 
health regulations. Although factory inspectors processed complaints 
and inspected businesses to ensure that occupational safety laws were 
observed, workers who filed complaints did not receive satisfactory 
legal protection and could face dismissal. Workers did not have the 
legal right to remove themselves from situations that endangered health 
or safety without risking their continued employment.

                               __________

                             CZECH REPUBLIC

    The Czech Republic is a parliamentary democracy with a population 
of approximately 10.2 million. In February the bicameral parliament 
elected Vaclav Klaus as president and head of state for a second term. 
In 2006 free and fair parliamentary elections produced an even split 
between right and left parties in the Chamber of Deputies. After 
several months of political stalemate, a coalition government led by 
the conservative Civic Democratic Party (ODS) and Prime Minister Mirek 
Topolanek emerged in January 2007. Civilian authorities maintained 
effective control of the security forces.
    The Government generally respected and protected the rights of its 
citizens; however, reports of abuse by police at times were not 
adequately followed up, and there were long delays in the court system. 
Corruption persisted among both law enforcement and judicial personnel, 
and high level political intervention sometimes resulted in 
investigations being prematurely closed or reassigned to other 
jurisdictions. There were also reports of official corruption in the 
legislative and executive branches of government. Child abuse and 
trafficking of women and children for commercial sexual exploitation, 
and of men for forced labor, continued to be problems. Neo Nazis, 
members of the far right Workers Party, and skinheads attacked and 
harassed Roma and other minorities during the year. Societal 
discrimination against minorities, especially Roma, continued, and a 
lack of equitable education, housing, and employment opportunities for 
Roma persisted.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    In September the Prague City Court sentenced former Prague police 
officer Milan Pavlis to 10 years in prison for killing a 34 year old 
foreign tourist. The killing occurred when the inebriated policeman 
provoked a clash with the tourist and stabbed him to death.
    Police charged a young man belonging to a local neo Nazi group in 
Pribram with killing a member of an antifascist organization. The 
killing took place in February during clashes between local neo Nazis 
and antifascists. The alleged perpetrator was a neo Nazi dressed in a 
German military uniform. He stabbed the victim, a protester belonging 
to the militant antifascist group Antifa, who died of his wounds.

    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. Police 
did not generally use excessive force.
    In April the Prague City High Court upheld a lower court's 
acquittal of police officer Tomas Cermak, who was charged with abuse of 
power for assaulting the former head of the Government's human rights 
section, Katerina Jacques, during a 2006 demonstration. Jacques was 
protesting a neo Nazi rally in Prague. A journalist, also detained, 
photographed the assault. The Interior Ministry imposed minor 
punishment, such as demotions, on the officers involved and closed its 
internal investigation of the incident on the grounds that no crime had 
been committed.
    The Government continued to investigate cases of forced 
sterilization, mainly of Romani women, since the 1970s. According to a 
2005 report by the ombudsman, most allegations of forced sterilization 
date to the 1973-91 period. However, the nongovernmental organization 
(NGO) Group of Women Harmed by Sterilization (WHS) reported that its 
field research uncovered two recent cases, one in November 2008, the 
other in 2007. The alleged instance in November involved a 19-year old 
Romani woman from Karvina. WHS was gathering more information about the 
case at year's end. In the 2007 case, a social worker allegedly told 
the victim that she ``had no choice'' and if she did not accept 
sterilization, her children would be placed in state care. At year's 
end, WHS was seeking legal representation for the victim.
    The Ostrava Regional Court ruled in October that a local hospital 
was liable for a wrongful sterilization performed on Romani woman, 
Iveta Cervenakova, 11 years prior and recognized her right to financial 
compensation of 50,000 thousand koruna ($2,600) and an apology. The 
hospital appealed to the Olomouc High Court, which ruled in November 
that Cervenakova was not entitled to financial damages because the 
deadline for making such claims had passed. However, the high court 
upheld the requirement that the hospital apologize. Cervenakova 
appealed the decision to the Supreme Court in Brno. The case was 
pending at year's end. The WHS also indicated that 20 more women, both 
Roma and non-Roma, had alleged forced sterilizations, some before 1989 
and others in the 1990s. These cases had not been investigated by 
year's end.
    In 2007 the Governmental Council for Human Rights proposed to pay 
each sterilization victim 200,000 korunas ($10,400) in compensation, 
but the Government rejected the proposal. At year's end the Government 
was seeking assistance from the Institute for the Study of Totalitarian 
Regimes to establish the extent to which the sterilizations before 1989 
were government policy and to what extent individual hospital and 
social workers were responsible.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers.
    In a July 2007 report based on visits to the country in 2006, a 
delegation of the Council of Europe's Committee for the Prevention of 
Torture (CPT) reported that overcrowding in prisons continued to be a 
problem. The CPT recommended that detention facilities provide each 
prisoner with a minimum of four square meters (approximately 43 square 
feet). The report documented several cases of prisoners who were 
physically and sexually abused by other prisoners at the Valdice prison 
and noted that allegations of sexual abuse did not appear to have been 
taken seriously by prison officials. The report also highlighted the 
need to ensure that nonviolent prisoners were held separately from 
prisoners convicted of violent crimes.
    Although the Government disputed some of the CPT's findings, it 
continued to implement a number of the report's recommendations for 
improved prison conditions, such as hiring and training more staff, 
offering inmates better work and leisure activities, and increasing the 
number of refurbished facilities. Additionally, the Government provided 
sensitivity training to prison staff on how to identify and better 
protect ``at risk'' prisoners from violent inmates.
    In October the prison service announced that, overall, the prison 
population was 107 percent of the intended capacity of the facilities. 
There were 20,500 prisoners in the country's prisons, 1,400 more than 
in 2007. However, in contrast to prisons, detention facilities were not 
overcrowded and provided each prisoner with the minimum required space.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights groups, the media, 
and the ICRC. The CPT visited prisons and detention centers during the 
year; the ICRC did not. According to the Czech Prisons Service, there 
were numerous media visits to prisons during the year. All requests for 
visits were granted.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The national police are 
responsible for enforcing the law and maintaining public order. While 
law enforcement bodies were generally effective, corruption remained a 
problem. The Interior Ministry oversees police actions and is 
responsible for investigating allegations of police misconduct. 
Observers believed that the ministry often whitewashed wrongdoing or 
prematurely terminated investigations of units under its control. 
Investigations that led to successful prosecution rarely resulted in 
lengthy sentences.
    According to the Ministry of the Interior, police conducted 43 
bribery investigations in the first eight months of the year and 
investigated 56 public officials for abuse of authority. During the 
same period, justice ministry records indicated that courts convicted 
36 public officials of crimes relating to abuse of power, but only 
seven were sentenced to prison. Of these, five received sentences of up 
to five years and two received sentences of up to 15 years. Of the 21 
public officials convicted of bribery related offenses, only one 
received a sentence of up to five years' imprisonment.
    In September the Prague Municipal Court completed one of the trials 
in the long running and complex legal case against the ``Berdych'' 
gang, involving a conspiracy between criminal elements and members of 
the Government's organized crime task force to kidnap, assault, and 
ransom wealthy businessmen. Since many of the defendants had already 
been convicted in earlier related trials for more serious crimes 
carrying longer prison sentences, the court did not impose additional 
prison time. Another related trial, focusing on the cooperation of the 
gang with five former members of an elite police detachment, began in 
August. It had not concluded by year's end.

    Arrest and Detention.--Authorities apprehended persons suspected of 
crimes openly, using warrants based on sufficient evidence issued by a 
prosecutor and brought before an independent judiciary. By law, police 
may detain persons without charge for up to 48 hours, during which time 
detainees have the right to counsel at government expense, although 
they may not contact family members. Police must receive a 
determination from a judge and a prosecutor of intent to bring charges 
before they can detain the suspect beyond 48 hours. Once the judge and 
prosecutor decide to charge the suspect, the suspect may contact family 
members. In some instances a judge may allow detention for up to 90 
days before the suspect is formally charged to allow for further 
criminal investigation (investigative detention). The law provides for 
bail except for certain serious crimes or to prevent witness tampering.
    Many persons interviewed by the 2006 CPT delegation claimed that 
they had not been permitted to contact a lawyer or informed of their 
rights until after police had questioned them.
    Lengthy pretrial detention was a problem. Under the law, pretrial 
detention may last no longer than two years except for ``exceptionally 
grave'' offenses. According to prison service data for the first nine 
months of the year, the average length of pretrial detention was 90 
days. Fifteen detainees, or approximately 0.66 percent of the pretrial 
detainee population, had been held for over two years. A suspect may 
petition investigating authorities at any time for release from 
detention.

    Amnesty.--The president granted amnesty to 46 persons for 
humanitarian reasons during the year.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice; however, judicial effectiveness was hampered 
by complicated procedural rules that often kept cases tied up for years 
in judicial uncertainty. Political influence, structural deficiencies, 
and a lack of specialized judicial training and resources also 
contributed to delays and undermined effectiveness. Credible 
allegations of corruption persisted throughout the judiciary, 
particularly in commercial and bankruptcy courts, and there was high 
level political interference in sensitive public corruption cases.
    Several developments in earlier years eroded confidence in the 
independence of the judiciary. Beginning in March 2005, President Klaus 
refused to appoint dozens of judicial candidates under 30 years of age 
who were recommended to him as qualified. The president has also 
regularly blocked promotions of younger judges since he came to office 
in 2003. Critics charged that the failure to appoint younger judges 
blocked court reform efforts, while the president maintained that 
younger judges lacked the experience for full judicial 
responsibilities. In response to a June 2007 court ruling, Klaus 
appointed all but one of the younger judges he previously rejected. 
However, he continued to refuse to appoint one candidate, Petr Langer, 
despite a ruling in Langer's favor by the Supreme Administrative Court 
in May.
    A number of legal cases involving judicial misconduct were in 
process during the year. They included the resumption in September of 
the regional court trial of former bankruptcy judge Jiri Berka, 
arrested in 2005 on charges of criminal conspiracy and fraud. His was 
the first indictment of a sitting judge for criminal conspiracy since 
1989. The Government alleged that a criminal group associated with 
Berka embezzled nearly 300 million korunas ($15.6 million) from 
domestic companies and that Berka approved the dissolution of companies 
based on documents he knew to be fraudulent. The case was pending at 
year's end.
    In June the Central Bohemian Court in Prague ruled that former 
supreme state prosecutor Marie Benesova did not have to apologize to 
six top level judicial officials who sued her for describing them as a 
``judicial mafia'' that tried to influence the corruption investigation 
of then-deputy prime minister Jiri Cunek. The group appealed to the 
Prague High Court. The case was pending at year's end.
    The court system consists of district, regional, and high courts. 
The Supreme Court is the highest court of appeal and a separate 
Constitutional Court adjudicates the legality of legislation. Judges 
are nominated by the minister of justice and appointed for life by the 
president. The Senate confirms constitutional court judges. Defendants 
may appeal decisions of the District Courts through appellate layers to 
the Supreme Court. Civil cases are handled by the administrative court 
system, whose highest court is the Supreme Administrative Court.
    In the first seven months of the year, the Ministry of Justice 
received only nine calls on its anticorruption hotline, two alleging 
corruption on the part of prosecutors and five alleging corruption on 
the part of judges. In the same period, the ministry received 32 
written complaints of corruption concerning two prosecutors, 12 judges, 
and four other judicial officials.

    Trial Procedures.--The laws provide for the right to a fair trial, 
and the judiciary generally enforced this right.
    Defendants enjoy a presumption of innocence. Trials are public, but 
juries are not used. In serious cases a panel of judges rules on the 
guilt or innocence of the defendant, while a single judge hears less 
serious cases. Defendants have the right to be present at trial and to 
consult an attorney in sufficient time to conduct a defense; the 
Government provides an attorney without charge to defendants who cannot 
afford one. Defendants may confront adversarial witnesses and present 
witnesses and evidence on their own behalf. Defendants and their 
attorneys are entitled to access government held evidence relevant to 
their cases. Convicted persons have a right of appeal. The law extends 
these rights to all citizens.
    There were case backlogs throughout the judicial system, whose 
impact was compounded by numerous judicial vacancies. In the first nine 
months of the year, the European Court of Human Rights (ECHR) received 
approximately 2,400 complaints concerning the country's judicial 
system, mostly relating to court delays.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for a separate, independent judiciary in civil matters, and there is 
access to a court to bring lawsuits seeking damages for, or cessation 
of, human rights violations; however, inefficiency and inadequate 
resources caused significant delays in case resolution. Available 
remedies include monetary damages, equitable relief, and cessation of 
harmful conduct.

    Property Restitution.--The law provides for restitution of 
properties confiscated under the Communist regime as well as 
restitution of, or compensation for, Jewish property wrongfully seized 
during the Nazi era. While it was still possible to file claims for 
artwork, the claims period for other types of property has expired. 
Significant claims for communal property, two in Brno and one in 
Turnov, were before the courts at year's end.
    The comprehensive compromise settlement reached between the 
Government and the churches in 2007 over restitution of properties of 
religious orders, and financial compensation to churches for loss of 
their properties, was awaiting parliamentary ratification at year's 
end. Protracted litigation between the Government and the Catholic 
Church over the ownership of St. Vitus Cathedral continued, pending the 
outcome of an appeal by the church against earlier court rulings that 
declared the cathedral to be the property of the state.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected the privacy of individuals in practice.
    Unlike in 2007, there were no reports of evictions of Roma from 
their homes.
    Most of the Romani families evicted from their homes in Vsetin in 
2006 and placed in new homes in the Prostejov region were having 
problems repaying the home loans provided by the city of Vsetin. The 
deadline for repaying the loans expired at the end of October. Although 
the families could face eviction for not repaying their loans, Vsetin 
city officials have indicated that they preferred to reach an agreement 
with the families. No action was taken by the Vsetin city 
administration either to renegotiate the loans or to evict the 
families.
Section 2. Respect for Civil Liberties:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and press, and the Government generally respected these rights 
in practice. Independent media actively expressed a variety of opinions 
without outside restriction; however, members of the media complained 
that the country's weak libel protection law for journalists promoted 
an atmosphere of self censorship that discouraged serious, in depth, 
investigative reporting; however, there were no reports of threats of, 
or use of, lawsuits against media representatives during the year.
    The law mandates prison sentences of six months to three years for 
persons who deny Communist era crimes or the Nazi Holocaust. Speech 
inciting hatred based on race, religion, class, nationality, or other 
group affiliation is also illegal and carries a sentence of up to three 
years in prison. There were no reports of prosecution on these grounds 
during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or chat 
rooms. Individuals and groups could and did engage in the peaceful 
expression of views via the Internet, including by e mail.
    In September the District Court in Havlickuv Brod sentenced two men 
to two and three years' imprisonment, respectively, for propagating 
Nazism. In 2003 04 the men published an Internet magazine, Last 
Generation, that included anti Semitic articles and Holocaust denial. 
Some articles called for the physical liquidation of Jews.
    According to the Government statistical office, 70 percent of the 
population under age 55 reported using the Internet regularly in 2007.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice. The Government may legally 
restrict meetings that promote hatred or intolerance, advocate 
suppressing individual rights, or jeopardize the safety of 
participants. Protesters are required to have permits for 
demonstrations, but police generally did not interfere with 
spontaneous, peaceful demonstrations.
    The Government may prohibit concerts, gatherings, or activities 
that promote hate speech and did so on several occasions during the 
year. For example, in January authorities denied permission for a march 
by extreme right wing groups in Plzen, but they subsequently allowed 
the event to be held in March. Participants shouted anti Semitic 
slogans when passing the Plzen synagogue. In October the mayor of 
Litvinov prohibited a demonstration against the Romani community but 
subsequently approved a November 17 march by approximately 500 members 
of the far right Workers Party. Efforts by the participants to depart 
from the approved march route and attack a Romani settlement were 
thwarted by police intervention.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice; however there were some restrictions. Organizations, 
associations, foundations, and political parties were required to 
register with local officials or the Ministry of the Interior. While 
the law prohibits political party activities on university campuses, it 
permits students to form their own political associations. At year's 
end, authorities were seeking to ban the far right Workers Party on the 
grounds that it promoted racial animosity. The case was pending before 
the Supreme Administrative Court.
    In March the Prague Municipal Court confirmed the 2006 Interior 
Ministry decision to ban the Communist Youth Union because the Union's 
statutes violated the law and the Constitution, especially the Human 
Rights Charter.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    There is a system of registration for religious groups that is 
administered by the Ministry of Culture. While registration of 
religious groups is not obligatory for assembly or worship, registered 
groups enjoy certain benefits under a two tier system which provides 
greater benefits, including the right to teach in schools, to larger 
and longer established groups. There were 30 officially registered 
religious groups, 10 of which had second tier status and were thus 
officially permitted to teach in state schools.
    Organizations from both the Jewish and Muslim communities were 
registered. The small Muslim community of approximately ten thousand 
members generally operated freely and maintained two religious centers, 
in Prague and Brno. Plans for a mosque in Teplice were put on hold 
pending submission of construction diagrams.

    Societal Abuses and Discrimination.--There continued to be reports 
of societal harassment and discrimination against religious groups.
    Although estimates varied, the country's Jewish population was 
believed to be approximately ten thousand. Public expressions of anti 
Semitism were generally rare, but small, fairly well organized, 
ultranationalist groups with anti Semitic views were active around the 
country. The Interior Ministry continued to counter such groups, 
monitoring their activities, increasing cooperation with police from 
some neighboring countries, and shutting down unauthorized neo Nazi and 
skinhead rallies.
    Several groups that advocated violence against Jews and other 
minorities were active. The number of rallies and demonstrations of 
extreme right groups increased during the year. Experts on extremist 
groups stated that a shift from neo Nazi concerts to public political 
events represented an effort by these groups to legitimize themselves 
on the political stage prior to regional elections in October.
    There were several anti Semitic incidents during the year. While 
police investigated all reported incidents, arrests were rare. 
Participants in a march of extreme right wing groups in Plzen in March 
shouted anti Semitic slogans when passing by the Plzen synagogue. 
Authorities prohibited the march for January but subsequently approved 
it for March.
    In April bronze plaques from 824 tombstones of Holocaust victims at 
the National Cemetery in Terezin were stolen. Shortly after the theft, 
police arrested three men, and in November the district prosecutor's 
office charged them with theft. If convicted, the men could receive 
sentences of up to eight years in prison. The crime appeared not to 
have been anti Semitic, as the plaques were stolen to be sold as scrap 
metal. However, the damage caused to the Terezin Memorial was 2.5 
million korunas ($130,000).
    Police made no arrests in anti Semitic incidents reported in 2007, 
including the February vandalism and theft at a memorial to the Jewish 
victims of a 1945 death march in the northern town of Ceska Lipa, the 
April desecration of a Jewish cemetery in Hranice na Morave, the 
spraying of Nazi and racist symbols throughout the city of Rychnov nad 
Kneznou, or the July vandalism in a 19th-century Jewish cemetery in 
Pisek.
    The Government sought to promote religious and social tolerance. In 
January President Klaus and the chairmen of both chambers of parliament 
joined the Holocaust memorial ceremony held in the Senate. Other 
political officials, including the prime minister and the chairman of 
the senate, participated in ceremonies promoting Holocaust remembrance 
and respect for the Jewish community. The Government also sponsored 
interfaith dialogue.
    In September the District Court in Havlickuv Brod sentenced two men 
to two and three years in prison each for propagating Nazism. In 2003 
04 they published an Internet magazine, Last Generation, that included 
anti Semitic articles and Holocaust denial. Some articles called for 
the physical liquidation of Jews.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations to give 
protection and assistance to internally displaced persons, refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern.
    The law prohibits forced exile, and the Government did not employ 
this practice.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention on 
the Status of Refugees and its 1967 protocol, and the Government has 
established a system for the protection of refugees.
    Immigration and refugee law established a list of ``safe countries 
of origin'' from which applicants were unlikely to be granted refugee 
status. However, this designation did not automatically bar applicants 
from consideration. Applicants whose cases were denied had a right of 
appeal to a regional court. The law requires regional court decisions 
to be reviewed by a five judge panel that has the authority to refer 
cases requiring further consideration to the Supreme Administrative 
Court. The law stipulates that only exceptional cases may be appealed 
to the Supreme Administrative Court following rejection by the regional 
court.
    Under a 2005 constitutional court ruling, the Government must 
conduct asylum hearings in a language comprehensible to applicants or 
provide them with an interpreter.
    According to interior ministry statistics for 2008, there were 64 
asylum claims pending as of January. Nineteen additional applications 
were submitted during the year. The Interior Ministry granted asylum to 
160 refugees, 69 persons were granted Czech citizenship, and 141 
persons were granted subsidiary protection during the year.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. In June the Government approved a 
``National Resettlement Program Strategy'' developed by the minister of 
the interior, establishing a framework for a resettlement program. A 
pilot program was launched in October when a group of 37 Burmese 
refugees were brought from Malaysia to the Czech Republic.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--The most recent national 
elections were held in 2006 for the Chamber of Deputies, the lower 
chamber of parliament. In October elections were held for one third of 
the seats in the Senate and for regional governments. The elections 
were free and fair.
    In June police suspended their investigation of bribery allegations 
connected to the February presidential election, citing lack of 
evidence. The investigation involved charges by Senator Josef Novotny 
that Senator Vlastimil Sehnal, a representative of the ODS, offered him 
two million korunas ($104,000) to vote for Vaclav Klaus.
    Individuals and parties freely declared their candidacies and stood 
for election, and political parties operated without restriction or 
outside interference.
    Women were underrepresented in politics and government. There were 
31 women in the 200 seat Chamber of Deputies and 14 women in the 81 
seat Senate. There were two women in the 15 member cabinet and five 
women on the 15 member Constitutional Court. Two women were elected 
governor in October regional elections.
    Ethnic minorities were significantly underrepresented. The single 
member of a minority group, an ethnic Kazakh, served in the cabinet. 
One justice on the Constitutional Court was an ethnic Slovak. Few of 
the country's estimated two hundred thousand Roma were integrated into 
political life. Some Roma have been appointed to the national and 
regional advisory councils dealing with Roma affairs.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the law effectively and investigations suggested that 
public officials at times engaged in corrupt practices with impunity. 
Political pressure and ineffective police investigative tools 
contributed to the infrequent prosecution of high level corruption. 
Disclosure of the origin of financial assets is voluntary for public 
figures. The absence of successful prosecutions for corruption (or of 
exoneration by the courts) has in turn contributed to public 
disenchantment and concerns over impunity.
    The press continued to report suspicions of corruption. For 
example, in January the Prague city prosecutor dropped an investigation 
against Jan Kubice, formerly head of the police unit fighting organized 
crime. Kubice had been investigated on charges of abuse of power after 
he released a report to parliament in 2006 alleging a link between 
organized crime and top governmental officials. The charges against 
Kubice were based on allegations that he released the report in order 
to influence parliamentary elections later the same year.
    In April Jiri Cunek returned to the cabinet and to his post as 
deputy prime minister. Cunek was the subject of a protracted 
investigation in 2007 for alleged corruption. The investigation was 
terminated in November 2007 by Jihlava district prosecutor Arif 
Salichov for lack of evidence, a decision confirmed by supreme state 
prosecutor Renata Vesecka in December 2007. Critics alleged that the 
investigation was closed due to political pressures. The investigation 
and its conclusions generated other lawsuits, including one involving 
former supreme state prosecutor Marie Benesova and a group of sitting 
and former justice officials (See Section 1 e.).
    An investigation by Czech and Swedish police and the United 
Kingdom's Serious Fraud Office continued into allegations that the 
British Swedish aerospace joint venture BAE Systems/SAAB bribed several 
members of parliament and ministry officials in 2002 to gain their 
approval for a multimillion dollar deal to replace the country's 
fighter jet fleet. An expose by Swedish Television in February 2007 led 
to the investigation. Three persons who were members of parliament at 
that time have acknowledged that they were approached and asked to 
accept large bribes but maintained that they refused.
    In September 2007 the Ministry of the Interior established a new 
anticorruption hotline, administered by the country branch of 
Transparency International. During its first six months of operation, 
727 persons used the hotline. In 339 cases, the reported corruption 
pertained to public tenders on the local level.
    The law provides for public access to government information, and 
the Government provided such access in practice. Applicants whose 
requests are turned down have 15 days to appeal. They may also appeal 
if authorities exceed the time limit for processing a request.
Section 4. Government 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 interference, investigating and 
publishing their findings on human rights cases. Government officials 
were generally cooperative and responsive to human rights inquiries.
    The ombudsman, formally called the public defender of rights, made 
regular visits to government facilities, examining the treatment of 
individuals and monitoring respect for fundamental rights. The 
ombudsman issued quarterly and annual reports on his office's 
activities in addition to reports on topics of special concern. The 
ombudsman operated without government or party interference, had 
adequate resources, and was considered effective.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The laws prohibit discrimination based on race, gender, disability, 
language, or social status; however, significant societal 
discrimination against Roma and women persisted. Trafficking in persons 
remained a problem.

    Women.--The law prohibits rape, including spousal rape, and the 
Government effectively enforced these provisions in practice. The law 
provides penalties of two to 15 years in prison. While many experts 
considered rape to be significantly underreported, they noted an upward 
trend in the number of rape convictions since 2001. They attributed 
this trend to improved police training, public awareness campaigns, and 
greater interaction between police and NGOs. In the first eight months 
of the year, 397 rapes were reported, 243 of which were investigated. 
In the first six months of the year, courts convicted 86 offenders, 
giving suspended sentences to 26 individuals and prison sentences of 
five to 15 years to 15 individuals.
    Experts believed that violence against women was much more 
widespread than suggested by the number of cases reported to 
authorities, due to the stigma associated with reporting such abuses. A 
2006 sociological survey jointly conducted by the Czech Academy of 
Sciences and Charles University indicated that 38 percent of women 
suffered physical abuse by their partners at some point in their lives.
    Domestic violence is a distinct crime that is punishable by up to 
three years in prison, with longer sentences under aggravated 
circumstances. Government efforts to investigate and prosecute cases of 
domestic violence improved during the year. Police received extensive 
training on identifying domestic violence cases. During the year police 
obtained the authority to remove violent abusers from their homes for 
10 days. According to a report released by the NGO Bily Kruh Bezpeci 
(White Circle of Safety), a total of 343 offenders, including seven 
women, were removed from their homes in the first six months of the 
year.
    In the first 11 months of the year, according to interior ministry 
statistics, 486 cases of domestic violence were reported, 382 
investigations were completed, and authorities continued to investigate 
another 108 cases. In the same period authorities prosecuted 359 cases 
of domestic violence. During the first six months of the year, 
according to justice ministry statistics, five persons were sentenced 
to one year in prison, 28 persons were sentenced to two to five years, 
and one person was sentenced to 15 years. While most prosecutions 
resulted in conviction, the majority of convictions did not involve 
incarceration. Three quarters of the incidents involved domestic 
partners or spouses, with women constituting almost 90 percent of the 
victims. Children were the victims in most of the remaining cases. 
Alcohol played a major role in many domestic violence cases.
    Koordona, an association of 13 NGOs dealing with domestic violence, 
provided specialized training manuals for health care workers and 
distributed materials informing victims of their rights. Police 
continued to train personnel selected to handle cases and to work with 
social service agencies. Several hotlines and crisis centers offered 
psychological counseling to victims of rape and domestic abuse. In the 
first six months of the year, for example, the Dona hotline received 
2,034 calls compared to 1,949 calls in the same period in 2007; 995 of 
the calls related to domestic violence.
    The law does not prohibit prostitution, but local governments may 
limit or regulate it. Pimping is illegal. Prostitution was widespread 
in border areas and major urban areas throughout the country. 
Foreigners visited the country for purposes of sex tourism, which 
involved both sexes, including some juveniles. There were no national 
laws addressing sex tourism.
    The law prohibits sexual harassment; however, the Government did 
not effectively enforce it, and sexual harassment remained a problem. 
The law places the burden of proof on the person accused of sexual 
harassment. Those convicted can be fined up to 70,000 korunas ($3,640), 
dismissed from work, or sentenced to prison.
    The law grants men and women equal rights, including in family and 
property law matters. Women constituted 43 percent of the labor force. 
While their rate of employment grew faster than that of men, women's 
salaries for similar work lagged behind men's by almost 25 percent, and 
women were more likely to work in professions with lower median 
salaries than those chosen by men. The Council for Equal Opportunities 
for Men and Women monitored gender issues and advised the Government on 
enforcing equal gender rights.

    Children.--The Government was generally committed to children's 
rights and welfare.
    While the Government provided free, compulsory education through 
age 15, and most children continued through secondary school, 
government provided education opportunities for Romani children were 
limited and often insufficient.
    According to the most recent data available, a 2005 UN Development 
Program survey on education for minorities, only 25 percent of Roma 
completed primary education, compared with 73 percent of the majority 
population. Romani children were enrolled at disproportionately high 
rates in remedial school systems, which effectively segregated them 
into a substandard education. In 2007 the ECHR ruled in one case that 
the placement of 20 Romani children in a school for mentally challenged 
pupils was discriminatory, since 90 percent of children in such schools 
were Roma.
    The Government continued steps to address discrimination in the 
education of Romani children during the year. It continued the policy 
of closing ``remedial'' schools and transferring ``slower'' students 
into new special education classes or so called ``practical schools,'' 
pursuant to a 2005 law that abolished remedial schools. However, NGOs 
asserted that the new special classes were still discriminatory and 
constituted a superficial rebranding of the old system. While some 
regions successfully implemented the new policy, others experienced an 
exodus of non Romani families concerned that their children would have 
to attend school with Roma. According to a study by the European Roma 
Rights Center and the Roma Education Fund, Roma were overrepresented in 
the practical schools that replaced remedial schools. However, authors 
of the study also acknowledged that placement of Roma in practical 
schools was often made at the request of their parents.
    While the law prohibits family violence, sexual abuse, and other 
forms of mistreatment of minors, child abuse remained a problem. During 
the first half of the year, police investigated 92 cases of child 
negligence or endangerment; authorities prosecuted 42 alleged 
offenders; and courts convicted 35, sentencing eight of them to prison.
    Social protection agencies reported that authorities remove 
approximately 1,900 children from their homes annually due to 
mistreatment. Both domestic and foreign NGOs were critical of the fact 
that as many as 20,000 children were living in children's facilities, 
including more than ten thousand in social care institutes, almost 
7,500 in orphanages and correctional institutions, and more than 1,900 
in special homes for infants.
    Prison sentences for child abuse ranged from five to 10 years. In 
October six persons were sentenced to prison for child abuse in Kurim, 
where two young boys were severely abused by their mother and others. 
In September the District Court in Usti nad Labem sentenced Antonie 
Staskova to 24 years in prison and Pavel Grepl to 20 years for the 
murder of Staskova's five year old son. In June police arrested Antonin 
Novak for the sexual assault and murder of a nine year old boy. Novak 
faced a possible sentence of life imprisonment.
    In October 2007 President Klaus signed a law prohibiting possession 
of child pornography; previously only the manufacture and distribution 
of child pornography was prohibited.
    Although some members of the Romani community married before 
reaching the legal age of 18, underage marriage was not a significant 
problem among other groups.
    Some children were engaged in prostitution for survival without 
apparent third party involvement. NGOs reported that many teenagers in 
prostitution were runaways or products of orphanages and the foster 
care system. NGOs working with high risk children attributed the 
problem largely to deficiencies in the foster care system, which often 
failed to provide adequate job skills and promote the adoption of 
unwanted children by capable parents.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, trafficking to, from, and to a lesser extent, 
within, the country for sexual exploitation and forced labor continued 
to be problems. Russia, Slovakia, and other countries in Eastern 
Europe, as well as Vietnam, were the largest sources of trafficked 
persons. In most cases, victims were trafficked onward to Western 
Europe and in some cases to the United States. Czech women were 
trafficked to Western Europe, while foreign and local women, as well as 
children, were trafficked within the country, particularly to border 
regions, and were occasionally sold between organized trafficking 
syndicates. Small numbers of men were trafficked to the United States 
for forced labor. By some estimates, 80 percent of all foreign 
trafficking victims in the country entered legally.
    Romani women were at the highest risk of internal trafficking; 
girls raised in state homes were also at high risk. According to 
government authorities, women already working in prostitution were 
particularly vulnerable to traffickers. Trafficked women were often 
promised jobs as models, maids, waitresses, and dancers through 
employment agencies. Traffickers coerced victims' compliance by 
confiscating their travel documents, exploiting their isolation and any 
drug and alcohol dependence, employing violence or threats of violence 
to the victims or their families, and threatening victims with arrest 
and deportation.
    Most traffickers were involved in organized crime and entered the 
country from Ukraine, Russia, and East Asia. Domestic traffickers often 
served as links between East European and West European traffickers.
    Penalties for trafficking range from two to 15 years in prison and 
are generally similar to penalties for rape and sexual assault. 
Authorities may also prosecute traffickers for organized prostitution 
and pimping, which are punishable by up to 12 years in prison.
    In the first eight months of the year, police investigated six 
trafficking cases, authorities prosecuted two suspects, and courts 
sentenced two offenders to prison for up to five years. Also in the 
first eight months, authorities conducted 25 investigations of pimping 
and prosecuted 31 offenders; courts sentenced one defendant to up to 
fifteen years in prison, four to five year terms, two to one year, and 
gave 22 suspended sentences. Since the Government often utilized other 
criminal statutes to prosecute traffickers, it was difficult to develop 
an accurate estimate of the total number of trafficking prosecutions 
and convictions.
    An organized crime unit within the national police was dedicated to 
combating trafficking. It worked closely with its counterparts in 
Interpol and Europol and also cooperated extensively with the European 
Union and foreign governments in the investigation and prosecution of 
trafficking cases.
    The Government continued to make trafficking crimes a priority by 
introducing its third national strategy against trafficking to cover 
the period 2008 11. The Ministry of Justice organized several training 
sessions on trafficking issues for judges and prosecutors, and the 
Interior Ministry continued offering specialized training to police. 
During the year authorities continued to carry out the national plan, 
updated in 2006, to combat the sexual exploitation of children. A 
special police team was established in Cheb, a town on the German 
border where sex tourism was common, to fight this growing phenomenon. 
The interdisciplinary committee on trafficking, which included 
representatives from various ministries and NGOs, continued to meet 
regularly to coordinate efforts to implement the national 
antitrafficking plan.
    Labor trafficking remained a problem. An organized crime unit 
within the national police was dedicated to investigating cases of 
forced labor, which took place predominantly in the construction 
sector. In July 2007 the unit broke up a labor trafficking syndicate 
operated by Ukrainian nationals. Punishment for those who organize and 
support illegal migration was increased in June 2007.
    The Government cooperated with NGOs to provide services to 
trafficking victims and to train police and investigators in handling 
trafficking cases and referring victims for counseling. The Government 
assisted with international investigations, and law enforcement 
authorities regularly cooperated with their counterparts in Europe and 
elsewhere.
    The Government provided psychological and social assistance to 
trafficking victims for 60 days after they were discovered. During this 
time victims had to decide whether to cooperate with authorities or 
return to their home countries. Victims choosing to cooperate are 
eligible for residency visas for the duration of the criminal 
proceedings and may thereafter apply for permanent residency on 
humanitarian grounds.
    Starting in October 2007 the Government liberalized procedures 
under which trafficking victims could apply for permanent residence, 
even when the support they provided fell short of testifying against 
traffickers. According to an interior ministry report, 22 victims 
participated in the Government's victim protection and assistance 
program in the first nine months of the year. Three were Czech, six 
came from Ukraine, six from Romania, three from Brazil, and one each 
from Slovakia, Russia, Kyrgyzstan, and Uzbekistan. Fifteen of the 
participants were victims of trafficking for labor, and seven were 
victims of trafficking for commercial sex.
    The Ministry of the Interior continued to work with the 
International Organization for Migration (IOM) on a campaign to reduce 
demand for commercial sexual services along the country's border with 
Germany. The NGO Caritas visited schools and asylum centers to conduct 
awareness campaigns among potential trafficking victims. Other NGOs 
that received government funding, such as La Strada and Rozkos Bez 
Rizika (Pleasure without Risk), conducted seminars and distributed 
literature describing the dangers and tactics of traffickers. NGOs also 
led a large multilingual antitrafficking public relations campaign on 
Prague's mass transit system.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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, and the 
Government generally enforced these provisions. However, persons with 
disabilities faced a shortage of public accommodations and were 
unemployed at disproportionately high rates.
    The ombudsman and a team of colleagues from his office are required 
to make regular visits to all governmental and private workplaces of 
persons with physical restrictions to examine conditions, ensure that 
fundamental rights are respected, and advocate for improved protection 
against mistreatment.
    In March a new government program to aid persons with disabilities, 
Mobility for All, was approved for the years 2008 15. The program was 
drafted with the participation of the Government Council for Citizens 
with Disabilities, a permanent advisory body. The plan includes 
programs to bring more persons with handicaps into the workforce and to 
reduce physical barriers to employment.
    Approximately 60 percent of Prague's metro stations were accessible 
to persons with disabilities, and most buses and new tramcars have been 
configured to accommodate them. However, the majority of stations in 
the city center contained barriers. There were 294 barrier free high 
schools across the country as well as 50 barrier free institutions of 
higher learning, including universities.
    In 2006 the Czech Helsinki Committee noted that more than seventeen 
thousand adults and children with mental disabilities lived in social 
care homes, the majority of these under legal guardianship. In many 
cases the guardian was also the institute's director, giving rise to 
claims of conflict of interest.
    The use by psychiatric institutions of beds covered with protective 
netting to restrain patients with mental disabilities, which some 
advocates for persons with disabilities called unnecessarily cruel, 
remained a contentious issue. In 2007 the Government amended the rules 
for use of coercive means in psychiatric institutions to add 
permissible alternatives to netted beds. Later in 2007, a media report 
alleged that five social care facilities continued to use netted beds. 
The findings were disputed by the Government, which launched its own 
investigation. An investigative team of the Ministry of Labor and 
Social Affairs reported that it had not discovered any netted or cage 
beds in those facilities. They only found standard cribs with netted 
sides used by children for rest or sleep only. The upper parts of these 
cribs were not covered and the height of the sidepieces did not 
correspond to cage beds. The team also found that the cribs were not 
being used to restrict free movement. In long term care facilities, 
netted beds remained a legal means of restraining both adults and 
minors with mental disabilities who were deemed threats to themselves 
or others.

    National/Racial/Ethnic Minorities.--Minority groups in the country 
included Slovaks, Roma, Poles, Germans, Ukrainians, and Vietnamese. 
Roma faced high levels of poverty, unemployment, and illiteracy as well 
as widespread discrimination from potential employers and local and 
school officials.
    Latent societal discrimination against the country's Romani 
population occasionally manifested itself in violence. Members and 
sympathizers of skinhead organizations were the most frequent 
perpetrators of acts of interethnic violence, particularly against 
Roma.
    An estimated seven thousand skinheads were active in the country, 
although some observers put the actual figure much higher. During the 
year neo Nazi and skinhead rallies took place in several cities.
    In July an interior ministry report reviewing extremism in 2007 
confirmed that neo Nazi activity had increased and that more extremists 
were attending events armed, as evidenced by the increased number of 
weapons seized from both neo Nazi and left wing extremists at events in 
2007. In January police arrested 30 neo Nazis in the Prague city center 
after they attacked a Chinese bistro, causing more than fifty thousand 
korunas ($2,600) in damage, and then marched through neighboring 
streets. Police confiscated numerous weapons from the detainees.
    In February the high court in Olomouc sentenced a Slovak citizen to 
13 and one-half years in prison for the murder of a Romani man in 
Hodonin in May 2007. The Slovak was found guilty of setting the victim 
on fire. The high court also upheld the sentencing of an accomplice, 
who poured toluene (methylbenzene) on the victim. Two other accomplices 
received suspended sentences.
    In April the state attorney filed charges against the former vice 
mayor of the Marianske Hory/Hulvaky district of the town of Ostrava, 
Jiri Jizersky, for alleged racist remarks about Roma. At a meeting to 
discuss the situation in the poor neighborhood called ``Bedriska,'' 
Jizersky is alleged to have spoken of shooting its Roma inhabitants. In 
June the District Court in Ostrava acquitted Jizersky of the crime of 
defamation, ruling that he had neither committed a crime nor intended 
to provoke the Roma.
    In April approximately 30 Roma living in a ghetto in Prerov had to 
evacuate their building after someone apparently threw a smoke bomb 
into it. Firefighters were unable to identify the cause of the smoke. A 
genuine fire broke out in another part of town primarily occupied by 
Roma approximately 20 minutes later. It was unknown whether the two 
incidents were related. Police did not investigate the incidents.
    In September the nationalist Workers' Party, with mostly skinhead 
membership, repeatedly attempted to stage an anti Roma march through a 
suburb of the city of Litvinov that is mainly inhabited by Roma. In 
October mounted police prevented clashes in Litvinov between 
approximately 400 neo Nazis and 300 Roma. Two persons, one police 
officer and one demonstrator, were injured, and four neo Nazis were 
detained. Police accused one of the four detainees of breach of public 
order. On November 17, in a further confrontation in Litvinov, an 
estimated one thousand police fought hundreds of well armed, right wing 
rioters, preventing them from attacking Roma. An estimated 500 members 
of the Workers' Party suddenly deviated from the route of their 
approved march and turned toward a largely Roma neighborhood. Police 
also had to contend with approximately 300 Roma men who gathered to 
defend their community. Seven demonstrators and seven police officers 
were injured; police arrested 15 protesters.
    The law prohibits employment discrimination based on ethnicity; 
however, Roma continued to face discrimination in both employment and 
education. Precise figures were unavailable, but the unemployment rate 
for Roma was estimated to be approximately 75 percent. Some employers 
refused to hire Roma and requested that local labor offices not send 
them Romani applicants. Continuing a trend from recent years, the 
Romani community was better organized in its efforts to confront 
discrimination through the legal system.
    Roma faced widespread discrimination in access to housing and other 
accommodations. Human rights groups reported that some municipalities 
attempted to force Romani families to leave, employing such tactics as 
evicting them from municipally owned homes because of alleged lapses in 
rent payments or coercing them to sign complex agreements they did not 
understand, which were then used to curtail existing housing contracts. 
Housing discrimination based on ethnicity is prohibited by law, and the 
ombudsman publicly criticized these evictions; however, the law also 
affords municipalities substantial autonomy in such actions. 
Restaurants, bars, and other public places at times refused to serve 
Roma.
    A 2006 study of living standards among Roma by the Ministry of 
Labor and Social Affairs found that more than 330 ghettos were almost 
exclusively inhabited by Roma and that the number of ghettos continued 
to grow. The study put the combined population in these ghettos at 
eighty thousand, more than one-third of the Romani population. The 
study found that the ghettos were blighted by substandard housing and 
poor health conditions.
    The Government failed to remove a large pig farm on the site of a 
World War II concentration camp for Roma in Lety, citing a lack of 
funds. Instead, in 2007 the Government allocated 50 million korunas 
($2.6 million) to build a memorial to Romani holocaust victims near the 
farm. Romani holocaust survivors rejected the idea and insisted that 
the pig farm be removed. In May several government officials, including 
the human rights and minorities minister, the education minister, and 
the deputy chairman of the senate, participated in a commemorative 
ceremony at Lety.
    The Government continued its long term integration plan for Roma, 
adopted in 2006. The program provided state paid advisers to assist 
Roma in finding employment and special stipends for Romani secondary 
school students. The Ministry of Labor and Social Affairs continued to 
work with NGOs to increase services to the Romani community.
    The Interministerial Commission for Romani Community Affairs, 
coordinated by the minister for human rights and minorities, included 
12 government and 14 Romani representatives, as well as the ombudsman; 
it continued to take an active role in resolving disputes between 
Romani communities and their non Romani neighbors. The commission also 
promoted antidiscrimination initiatives in housing and education. The 
Romani affairs coordinator of the Ministry of Foreign Affairs continued 
to function as the ministry's liaison with Romani groups, NGOs, and the 
diplomatic community.

    Other Societal Abuses and Discrimination.--There were no reported 
cases of violence or discrimination against persons based on sexual 
orientation.
    There were no reports of discrimination against persons who were 
HIV positive.
Section 6. Worker Rights
    a. The Right of Association.--The law protects the workers' right 
to form and join unions of their choice without authorization or 
excessive requirements, and workers exercised this right in practice. 
Employees in the intelligence services and security organizations, 
including police forces, prison service, and military forces, may not 
be trade union members. Continuing a declining trend, less than 15 
percent of the workforce was unionized. Approximately 75 percent of 
union members were affiliated with the Czech Moravian Confederation of 
Trade Unions, a national umbrella organization.
    The law allows unions to conduct their activities without 
interference, and the Government protected this right in practice. 
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, firefighting, 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.

    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 are 
regulated by law. A labor code that came into force in December 2007 
broadened the opportunities for collective bargaining both in the 
public and the private sectors.
    The law prohibits antiunion discrimination; according to the 
Confederation of Trade Unions, there were occasionally reports of 
hidden forms of discrimination, but no concrete complaints.
    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 women and children were trafficked for commercial sexual 
exploitation and also isolated cases of trafficking for forced labor. 
An organized crime unit within the national police was dedicated to 
investigating cases of forced labor. The Government ended its program 
of bringing North Korean workers to the country for work in textile 
factories. Their work visas expired in February and were not extended.

    d. Child Labor Practices and Minimum Age for Employment.--The 
Government effectively enforced laws and policies to protect children 
from exploitation in the workplace. The law stipulates a minimum 
working age of 15 years, although children with disabilities who have 
completed special training may work at the age of 14. Employment 
conditions for children ages 15 to 18 were subject to strict safety 
standards. The Ministry of Labor and Social Affairs effectively 
enforced these regulations in practice.
    Children were trafficked within the country for commercial sexual 
exploitation.

    e. Acceptable Conditions of Work.--The Ministry of Labor and Social 
Affairs establishes and enforces minimum wage standards. The national 
minimum wage was eight thousand korunas ($415) per month and provided a 
decent standard of living for a worker and family when combined with 
social benefits for low paid workers. The law provides for a 40 hour 
workweek, two days of rest, and a paid break of at least 30 minutes 
during the standard eight hour workday. Subject to the consent of the 
employee, employers may establish up to eight hours per week of 
overtime; the local employment office may permit additional overtime. 
Premium pay for overtime is governed by the provisions of employment 
contracts. However, according to the IOM, the standard conditions of 
work were not always observed in situations involving migrant workers.
    The Office of Labor Safety effectively enforced health and safety 
standards. Workers have the right to refuse work endangering their life 
or health without risking the loss of their employment, and they 
exercised this right in practice.

                               __________

                                DENMARK

    Denmark, with a population of approximately 5.4 million, is a 
constitutional monarchy with democratic parliamentary rule. Queen 
Margrethe II is head of state. The cabinet, which is accountable to the 
unicameral Folketing (parliament), heads the Government. The minority 
center right coalition government led by the Liberal Party (Venstre) 
won a plurality of seats in the 2007 elections, which were deemed free 
and fair. Civilian authorities generally maintained effective control 
of the security forces.
    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. Reports of religious and ethnic 
discrimination against minority groups have remained relatively 
constant over the past several years, while domestic violence against 
women and trafficking in women and children continued to be reported.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    A delegation from the Council of Europe's Committee for the 
Prevention of Torture (CPT) visited the country February 11-20 and, at 
the request of the Danish government, issued a report on September 25. 
The great majority of persons met by the delegation who had been 
detained by police indicated that they were treated correctly at the 
time of apprehension and during questioning. Several persons, however, 
complained of excessive use of force, while maintaining that they had 
not offered resistance. Some detained persons of foreign origin or non-
Danish ethnicity alleged verbal abuse with xenophobic or racist 
connotations by the arresting officers.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards; however, pretrial detainees were 
often held with convicted criminals. The CPT report stated that efforts 
by the authorities had succeeded in reducing interprisoner violence.
    During its February visit, the CPT delegation heard allegations 
that officers at the East Jutland prison used excessive force when 
controlling and placing prisoners in a security cell.
    The Government permitted visits by independent human rights 
observers.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The national police, 
under the Ministry of Justice, have sole policing authority in the 
country. In January 2007 the Government initiated a reform of the 
police, with the objective of achieving a more modern police service 
with sustainable police districts capable of carrying out major 
investigations and providing large-scale emergency and support 
services. As part of the reform, the previous 54 police districts were 
consolidated into 12 districts (plus the Faroe Islands and Greenland) 
and a national commissioner's office. The Minister of Justice, with the 
approval of parliament, appoints the police chiefs of each district and 
the national commissioner. Corruption and impunity were not a problem. 
The Government has effective mechanisms to investigate and punish abuse 
and corruption. There was continued police training in recognition, 
reporting, and investigation of racially motivated cases during the 
year.

    Arrest and Detention.--By law the police are allowed to begin 
investigations and make arrests either without a warrant based upon 
visual evidence, or on the basis of indictments filed by public 
prosecutors with the courts. A court may summon the accused to appear 
or order police to arrest the accused based upon an application filed 
by a public prosecutor. Apprehended persons were brought before an 
independent judiciary. If an individual is taken into custody, the law 
provides for an initial appearance before a judge within 24 hours; 
however, noncitizens may be detained for up to 72 hours before being 
given a court appearance. Authorities generally respected the right to 
a prompt judicial determination. Detainees were informed promptly of 
charges against them. The country does not have a bail system; rather, 
a judge decides within 24 hours of detention either to release the 
detainee on his or her recognizance or to keep the detainee in jail 
until trial. According to the Office of the Director of Public 
Prosecution, of the total number of pretrial detainees in 2006, 88 
percent served less than three months in pretrial custody.
    Arrested persons have the right to counsel at the initial hearing, 
and the Government provided counsel for those who could not afford 
legal representation. In addition, a Ministry of Justice circular to 
police provides detailed rules and procedures to be followed by police 
with regard to the rights of detained persons to inform next-of-kin of 
their arrest, to contact a lawyer, and to have access to medical 
treatment. However, during its February visit to the country, the CPT 
heard allegations from detained persons that the instructions were not 
being applied systematically. According to the CPT report, ``The 
majority of the detained persons interviewed by the delegation 
indicated that the first time they had met a lawyer was in court, when 
the application of the measure of remand custody was being decided.''
    The CPT delegation also heard from a number of detained persons 
(including juveniles) that they had not been allowed to contact their 
relatives in person after being detained.
    The law does not allow any visitors during the first 24 hours of 
detention except for legal counsel. However, depending upon the 
charges, the police generally did not restrict visitor access in 
practice.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. The judicial system consists of local courts, 
which hear cases in the first instance; two regional high courts, which 
address appeals; and the Supreme Court, which is the highest and final 
court of appeal.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Defendants are presumed innocent until proven guilty. Trials are 
public. Juries are required for criminal cases in which the maximum 
penalty is greater than four years' imprisonment. The law provides for 
defendants' right to timely consultation with an attorney, at public 
expense if needed. Defendants have the right to question witnesses 
against them and to present their own witnesses. Defendants and their 
attorneys have access to government evidence relevant to their case. 
The right of appeal encompasses both procedural matters and sentences 
imposed. The law provides that criminal sentences can be increased when 
bias is proved as a motive. Bias can be based on race, ethnicity, 
gender, sexual orientation, or religion.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including access to the court 
system to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. There were no reported problems enforcing domestic 
court orders.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 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. Individuals were able to 
criticize the Government publicly and privately without reprisal.
    The law prohibits any public speech or dissemination of statements 
or other pronouncements by which a group of persons is threatened, 
derided, or degraded because of their race, skin color, national or 
ethnic background, faith, or sexual orientation; offenders may be fined 
or imprisoned for up to two years. The law also prohibits ``blasphemy'' 
and provides that a person who publicly mocks or insults a legally 
existing religious community's tenets of faith or worship may be fined 
or imprisoned for up to four months.
    On February 13, all 17 major newspapers in the country republished 
Kurt Westergaard's caricatures of the Islamic prophet Mohammed that 
first appeared in 2005. The republication was stimulated by a foiled 
plot by three Muslims to kill the cartoonist. Press reports suggested 
that the majority of citizens saw the issue as one of freedom of speech 
being more important than the objections by members of a particular 
religious community. The republication was followed by anti-Denmark 
demonstrations and Danish embassy closings in several Muslim-majority 
countries. Members of parliament cancelled a planned trip to Iran after 
members of the Iranian parliament demanded an apology for the 
republication of the cartoon; the members of parliament did not 
apologize. The Government did not attempt to apply the anti-blasphemy 
law to the publication and republication of the cartoon.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. As 
of July 2007 an estimated 83 percent of the population had access to 
the Internet from home.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 is the official state church and 
enjoys some privileges not available to other faiths, such as receiving 
state subsidies directly through the tax system. Members of other 
faiths, notably Catholics, have asserted that the system is unfair, and 
that although the Government provides religious freedom, it does not 
provide religious equality. Allowing other religious organizations to 
be given the same status and privileges as the Evangelical Lutheran 
Church would require changes to the constitution. While the Government 
does not require that religious groups be licensed, the Government's 
recognition is required for religious ceremonies, such as weddings, to 
have civil validity or for such religious groups-at year's end 
numbering more than 100-to receive tax exemptions.
    Religious history, with special emphasis on the Evangelical 
Lutheran faith, was taught in public schools, but students could 
withdraw from religious classes with parental consent.

    Societal Abuses and Discrimination.--There were isolated incidents 
of societal abuses and discrimination, including anti-immigrant (mainly 
Muslim and African) graffiti, desecration of ethnic minority 
gravesites, and low-level assaults, as well as some denial of service 
and hiring on racial grounds. Societal discrimination against religious 
minorities was difficult to distinguish from discrimination against 
ethnic minorities. The Government condemned the incidents, investigated 
several, and brought some cases to trial.
    Reports continued of desecration of graves, including Muslim 
graves. The number of cemeteries vandalized in the country increased 
from previous years. Unofficial data compiled by the newspaper 
Kristeligt-Dagblad indicated that 45 cemeteries were vandalized in 
2007, compared to an annual average of 29 cemeteries from 2001 to 2005.
    The Jewish population was estimated at 7,000 persons. There were 
isolated incidents of anti-Semitism, apparently perpetrated primarily 
by immigrants, according to victims' reports. Most incidents involved 
vandalism, such as graffiti, and nonviolent verbal assaults.
    Police made no arrests and closed the January 2007 case of 
vandalism of the Copenhagen synagogue. Unknown perpetrators had thrown 
rocks at two of the synagogue's windows and smashed them.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, asylum seekers, stateless persons, and other persons of 
concern.
    The constitution and law prohibit forced exile, and the Government 
did not employ it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum. In the period through July, 1,126 applications for asylum were 
filed and 765 persons were granted residency permits, including some 
that resulted from applications filed in 2007. This total included 
temporary protection provided to certain individuals who fell outside 
the definition of the 1951 UN convention and the 1967 protocol; the 
Government provided such protection to 238 persons through July, 
including 71 Iraqi interpreters and their families.
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.
    The territories of Greenland and the Faroe Islands have 
democratically elected home rule governments whose powers encompass all 
matters except foreign and national security affairs, police services, 
and monetary matters. Greenlanders and Faroese have the same rights as 
other citizens. Each territory elects two representatives to the 
parliament. In a November referendum ratifying an agreement between 
Denmark and Greenland, Greenland was granted additional 
responsibilities for justice and home affairs and was granted formal 
legal recognition as a people.

    Elections and Political Participation.--Prime Minister Anders Fogh 
Rasmussen, leader of the Liberal Party, was reelected in November 2007 
in free and fair elections.
    In 2005 free and fair municipal elections were held following 
parliament's adoption of a structural reform plan, which reduced the 
number of municipalities from 271 to 98 in January 2007. As a result of 
the elections, the number of municipal council members from ethnic 
minority backgrounds significantly increased.
    Political parties could operate without restriction or outside 
interference.
    There were 68 women in the 179-seat parliament and seven women in 
the 19-seat cabinet. Women accounted for 44 percent of the public 
council board and committee members.
    There were four members of minorities in the 179-seat parliament. 
There were none in the 19-seat cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented the law effectively. There were isolated reports of 
government corruption during the year. Public officials are not subject 
to financial disclosure laws, but a government official is not allowed 
to work on cases in which he or she has a personal or economic 
interest, or represents or has close relations to someone with a 
special interest in the case. Officials are obligated to inform 
superiors of any possible disqualification issues related to a case. 
The Ministry of Justice and the State Employer's Authority in the 
Ministry of Finance are responsible for combating government 
corruption.
    The law provides for public access to government information, and 
the Government granted access to citizens and noncitizens, including 
foreign media.
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.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the Government 
generally enforced the law effectively. However, there were incidents 
of violence against women, child abuse, and trafficking in persons.

    Women.--Rape, including spousal rape, is a criminal offense, and 
the Government effectively prosecuted persons accused of such crimes. 
There were 492 reported rapes, 401 official charges of rape, and 87 
convictions in 2007. Preliminary figures for the current year indicated 
that there were 183 reported rapes and 158 charges filed through June, 
with 29 convictions.
    Violence against women, including spousal abuse, remained a 
problem. During the year the Institute for Public Health and the 
National Organization of Women's Shelters estimated that approximately 
70,000 women annually are exposed to physical violence, with 
approximately 28,000 exposed to domestic violence or the threat of 
domestic violence. In 2007 approximately 22,000 children aged 15 or 
younger were living in homes where the mother was exposed to violence. 
The National Organization of Shelters for Battered Women and Their 
Children reported that in 2007 shelters provided a safe haven for 3,327 
women and children, 45 percent of whom were of non-Danish background. 
According to the law, any assault on another person is illegal. This 
also applies to domestic violence and rape. Penalties include 
imprisonment for up to 12 years depending on the magnitude of the 
offense. The Government and nongovernmental organizations (NGOs) have 
set up 24-hour hot lines, counseling centers, and shelters for female 
victims of violence and embarked on nationwide information campaigns 
and police training on gender-based violence.
    Prostitution is legal, but subject to restrictions; pimping, 
coercion into prostitution, solicitation of prostitution from a minor, 
and trafficking are illegal. According to the Ministry for Social 
Welfare and Gender Equality, an estimated 5,500 persons were engaged in 
prostitution in 2007, while an unknown number participated in illegal 
prostitution.
    The law prohibits sexual harassment and provides for awards of 
monetary compensation for victims of sexual harassment. The Government 
effectively enforced the law. There were few reported cases during the 
year.
    Women have the same legal status as men, including under family 
law, property law, and in the judicial system. The law requires equal 
pay for equal work, but in 2006 female workers earned approximately 21 
percent less on average than male workers in the private sector, while 
the wage gap was approximately 16 percent in the local government and 8 
percent in the central government. Even when adjusted for maternity 
leave, differences in education, and other relevant factors, women 
earned approximately 2 to 6 percent less than their male counterparts 
for the same work. Women did not experience economic discrimination in 
access to employment, credit, or owning or managing businesses. Women 
held positions of authority throughout society, although they were 
underrepresented in senior business positions and as university 
professors. Amendments to the Act on Equal Pay to Men and Women came 
into effect in January 2007 that, among other things, oblige employers 
to report wages by gender.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    In 2007 there were 126 reports of sexual abuse of children aged 15 
or younger, 132 official investigations, and 36 convictions (some of 
the investigations and convictions resulted from reports or 
investigations instigated the previous year). Preliminary reports 
through June indicated 80 reports of sexual abuse, 76 charges filed 
against suspects, and nine convictions. NGOs and the Antitrafficking 
Center reported that during the year 14 minors had indicators of being 
trafficked, possibly for commercial sexual exploitation or petty crime.
    Female genital mutilation (FGM)-with or without consent from the 
victim or her parents-is illegal and carries a penalty against the 
perpetrator of six to 10 years imprisonment. The law applies to Danish 
nationals or residents regardless of whether the act was committed 
within the country or abroad and regardless of whether the act was a 
criminal offense under the law of the state where it was committed. At 
year's end, there had been no convictions under this section of the law 
since the criminal code was amended in 2003, but the first court case 
under this section was scheduled to go to trial in January 2009. The 
Government conducts information campaigns targeting the issue of FGM.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked to 
and through the country.
    The country was both a destination and a transit point for women 
and children trafficked from the Baltic countries, Eastern Europe, 
Southeast Asia, West Africa, and Latin America for the purposes of 
sexual exploitation and occasionally to work in petty crime. There were 
approximately 5,000-6,000 prostitutes in the country, including an 
estimated 2,000-3,000 foreign women, some of whom were believed to be 
trafficking victims.
    Traffickers lured victims with the prospect of higher wages and a 
better life, then forced them into prostitution, often withholding 
their passports. According to Copenhagen police, women were recruited 
in their native countries and then transported to Denmark and forced 
into prostitution. Authorities suspected that traffickers had ties to 
organized crime.
    The law criminalizes trafficking and provides for a maximum prison 
term of eight years for those convicted of trafficking in persons. In 
2007 police conducted 11 trafficking investigations and prosecuted 23 
trafficking cases. There were eight convictions on trafficking charges, 
with some resulting from prosecutions begun in previous years. The 
authorities also conducted 23 procurement investigations and prosecuted 
31 procurement cases. There were 12 convictions on procurement charges.
    The national commissioner for police maintained an internal task 
force on trafficking in persons, assisted local police constabularies 
with investigations, and trained officers to recognize and investigate 
trafficking cases. The Government cooperated with international 
investigations of trafficking and exchanged information with 
neighboring countries.
    Women identified as trafficking victims by the Danish Immigration 
Service were not prosecuted for immigration violations. Women who 
accepted the offer of assisted voluntary return received help from 
local NGOs and the International Organization of Migration.
    In March 2007 the Government adopted a trafficking action plan for 
2007-10 based on the recommendations of an independent audit of the 
previous action plan. The Government created the National 
Antitrafficking Center in 2007 to implement the new action plan and 
coordinate efforts to combat trafficking.
    The Government funded two NGOs that provided social, medical, and 
legal services to trafficking victims. Government funding was also used 
for NGO outreach programs as well as for hot lines to support victims, 
prevent trafficking, and gather data on the extent of the problem. The 
Ministry of Social Welfare subsidized a hot line and Web site, and 
organized antitrafficking seminars for NGOs, the police, and foreign 
embassies to provide information on legislation, identifying 
trafficking victims, and how to provide assistance.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, access to health care, and the provision of other state 
services, and the Government effectively enforced these provisions in 
practice. The law mandates access to buildings for persons with 
disabilities, and the Government generally enforced these provisions in 
practice. The responsibility for protection of the rights of persons 
with disabilities falls under the Ministry of Social Affairs and is 
implemented by the municipal governments. The Danish Disability 
Council, a government-funded organization, monitored the status of 
persons with disabilities and advised the Government and the parliament 
on issues relating to disability policy. The Equal Opportunities Center 
for Disabled Persons is a government-funded entity that documents and 
alerts the Government to inequalities in society that affect persons 
with disabilities.

    National/Racial/Ethnic Minorities.--In 2007 there were 32 reported 
cases of racial discrimination or racially motivated violence; however, 
some incidents went unreported. Reported cases involved graffiti, 
vandalism, theft, and racist Internet and written messages. According 
to police, the victims were ``Jews and people of an ethnic origin other 
than Danish'' (usually meaning both African and Middle Eastern ethnic 
groups). Members of other minority groups were sometimes the 
perpetrators of the incidents. The Government effectively investigated 
and dealt with cases of racially motivated violence.
    The presence of ethnically and racially diverse refugees and 
immigrants (mostly Iraqis, Palestinians, Moroccans, Pakistanis, Sri 
Lankans, Somalis, and refugees from the former Yugoslavia) caused some 
tension between citizens and immigrants, which was documented in press 
reports.

    Indigenous People.--The law protects the rights of the indigenous 
Inuit inhabitants of Greenland. Greenland's legal system seeks to 
accommodate their customs, provides for the use of lay persons as 
judges, and sentences most prisoners to holding centers (rather than 
prisons), where they are encouraged to work, hunt, or fish during the 
day.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal discrimination based on sexual orientation.
    There were no reports of societal discrimination against persons 
with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law states that all workers, 
including military personnel and police, may form or join independent 
unions of their choosing without previous authorization or excessive 
requirements. Approximately 77 percent of wage earners belonged to 
unions that were independent of the Government and political parties. 
The law provides for the right to strike, and workers exercised this 
right by conducting legal strikes.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law and was freely practiced. Approximately 
85 percent of the workforce was covered by collective bargaining 
agreements. These agreements indirectly influenced wages and working 
conditions for the rest of the workforce. The law allows unions to 
conduct their activities without interference, and the Government 
protected 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 children were trafficked for commercial sexual 
exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits the exploitation of children in the workplace, and the 
Government effectively enforced it in practice.
    The minimum legal age for full-time employment is 15 years. The law 
sets a minimum age for part-time employment of 13 years; however, 
school-age children are limited to less strenuous tasks. The law limits 
work hours and sets occupational health and safety restrictions for 
children.
    NGOs and the Antitrafficking Center reported that 14 minors had 
indicators of being trafficked during the year, possibly for commercial 
sexual exploitation or petty crime.
    Child labor law is enforced by the Danish Working Environment 
Service (DWES), an autonomous arm of the Ministry of Labor.

    e. Acceptable Conditions of Work.--The law does not mandate a 
national minimum wage; minimum wages are negotiated between unions and 
employer associations. According to the terms of the country's largest 
collective bargaining agreement, negotiated in the spring and covering 
almost the entire industrial sector, the minimum wage is 100.65 kroner 
(approximately $19) per hour, exclusive of pension benefits. The wage 
provided a decent standard of living for a worker and family.
    Workers generally worked a 3-hour workweek, established by contract 
rather than by law. Workers received premium pay for overtime and were 
not subjected to compulsory overtime. Working hours are determined by 
collective bargaining agreements, which adhere to the European Union 
directive that an average workweek not exceed 48 hours.
    The law prescribes conditions of work, including safety and health; 
the DWES ensured compliance with labor legislation. During the year, 
the DWES conducted approximately 61,000 company audits with 
approximately 40,000 requests for additional information or required 
improvements, and approximately 28,000 company screenings and 
inspections. If required improvements are not carried out within the 
given time frame, the DWES has the authority to take the case to the 
police or courts. Workers may remove themselves from hazardous 
situations without jeopardizing their employment, and authorities 
effectively enforced this right in practice. Similar work conditions 
were found in Greenland and the Faroe Islands, except that there the 
workweek was established by contract at 40 hours.

                               __________

                                ESTONIA

    With a population of 1.34 million, Estonia is a multiparty 
constitutional parliamentary democracy with a unicameral parliament, a 
prime minister as head of government, and a president as head of state. 
Parliamentary elections held in March 2007 were generally free and 
fair. Civilian authorities generally maintained effective control of 
the security forces.
    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 allegations that police used 
excessive force during the arrest of suspects; authorities investigated 
and brought charges against alleged offenders. Conditions in detention 
centers generally remained poor. Lengthy pretrial detention continued 
to be a problem. Domestic violence, inequality of women's salaries, 
child abuse, and trafficking of women and children were also reported.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
reports that police used excessive physical force and verbal abuse 
during the arrest and questioning of suspects.
    During the year, prosecutors or police authorities processed 37 
criminal cases related to police officers' excessive use of force. 
Charges were dropped in 19 cases, 16 were pending, and two were sent to 
the prosecutor's office for further action by year's end.
    On April 30, a former police officer was found guilty of use of 
excessive force during an arrest in 2004. Harju county court sentenced 
him to a fine and three years probation in 2007. In February the 
District Court upheld the county court decision.
    On October 1, a Northern circuit prosecutor asked the Harju county 
court in Tallinn to impose fines on two police officers for the use of 
excessive force in April 2007. On November 27, the court found the 
officers guilty and fined them 37,000 kroon (approximately $3,320) and 
38,000 kroon (approximately $3,410).
    Two cases that were pending against police officers for alleged use 
of excessive force during riots in April 2007 were dropped when it was 
determined that no criminal act had taken place.
    The police internal control department investigated one case of 
excessive force. The officer was found not guilty and the charges were 
dropped.

    Prison and Detention Center Conditions.--Conditions in many 
detention centers remained poor and overcrowded; however, overcrowding 
in prisons decreased considerably with the July 29 opening of a new 
prison in Viru County that could hold up to 1,000 prisoners. A new 
detention facility with a capacity of 150 persons was opened within the 
confines of the new Viru County Prison. The Kohtla-Jarve detention 
center, which was known for having poor conditions, was closed. In July 
the chancellor-ombudsman criticized the shortage of staff, poor living 
conditions, and limited availability of medical aid in the Paide 
detention center. In April 2007 the chancellor-ombudsman criticized the 
limited availability of medical aid in detention centers in Narva and 
elsewhere.
    There were no killings by other inmates in prisons during the year. 
On January 17, the trial began, and continued on November 3, against 
the former acting director, the former security chief, and a former 
warden of Murru prison on charges of negligence. In May 2007 a 
prosecutor filed charges of negligence as a result of events that took 
place in 2006. The court case was pending at year's end.
    The Government permitted prison visits by independent human rights 
observers, and such visits occurred. There were no visits by the 
International Committee of the Red Cross during the year. In May 2007 
the Council of Europe (COE) Committee on the Prevention of Torture 
visited the country; the results of the visit had not been released by 
year's end.

    d. Arbitrary Arrest or Detention.--The constitution and laws 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police, security police, 
tax and customs board, and national border guard, and the Government 
has effective mechanisms to investigate and punish abuse and 
corruption. There were no reports of impunity involving the security 
forces during the year.

    Arrest and Detention.--Under the law, authorities must possess 
warrants issued by a court to make arrests. They must inform detainees 
promptly of the grounds for their arrest. There is a functioning bail 
system. Authorities may hold a person for 48 hours without charge; 
further detention requires a court order. Police rarely violated these 
requirements. Detainees must be given immediate access to legal 
counsel, and the Government pays for legal counsel for indigents. A 
person may be held in pretrial detention for six months. In cases 
involving a particularly complex criminal matter, a preliminary 
investigation judge may extend the length of pretrial detention at the 
request of a chief public prosecutor. Lengthy pretrial detention was a 
problem. Approximately 28.3 percent of the prison population was in 
pretrial detention; the average length of pretrial detention was seven 
months.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.
    There is a three-tier court system. County and city courts and 
administrative courts adjudicate matters in the first instance. Appeals 
against the decisions of these courts are heard by three courts of 
second instance, sometimes called District Courts or courts of appeal. 
The Supreme Court is the court of highest instance and is also the 
court for ``constitutional supervision.''

    Trial Procedures.--Defendants enjoy a presumption of innocence and 
have a right of appeal. Trials are public. Juries are not used. A judge 
and public assessors, a judge, or a committee of judges hear cases. 
Defendants have the right to be present and to consult with an attorney 
in a timely manner. In criminal proceedings, an attorney is available 
to all defendants at public expense, although individuals often 
preferred to hire their own attorney. In civil proceedings an attorney 
is provided for indigents. Defendants may confront or question 
witnesses against them and present witnesses and evidence on their own 
behalf. Defendants and their attorneys have access to government-held 
evidence relevant to their cases. The law extends these rights to all 
residents, whether or not they are citizens.
    The constitution provides for the right to a fair trial, and an 
independent judiciary generally enforced this right.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. There is access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation. Administrative as well as judicial remedies are available 
for alleged wrongs. There were no problems with enforcing domestic 
court orders.

    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 the press.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
During the year, 69 percent of the population used the Internet and 
approximately 54 percent of households had Internet access in the home.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for this right, and the Government 
generally respected it in practice, but there were exceptions.
    While authorities have wide discretion to prohibit public 
gatherings on public safety grounds, they did so only under exceptional 
circumstances. Unlike in the previous year, there were no cases of 
authorities denying permission to hold public protests on security 
grounds.

    Freedom of Association.--The constitution provides for this right 
for citizens, and the Government generally respected it in practice. 
However, the law specifies that only citizens may join political 
parties.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The law prohibits activity that publicly incites hatred, 
violence, or discrimination on the basis of a variety of 
characteristics, including religion, if it causes a threat to a 
person's life, health, or property.

    Societal Abuses and Discrimination.--Relations between the various 
religious communities were generally amicable; however, the Estonian 
Apostolic Orthodox Church and the Estonian Orthodox Church under the 
Moscow Patriarchy continued to have differences over the disposition of 
Orthodox Church property.
    The Jewish community was estimated to have approximately 2,500 
members. There were no reports of anti-Semitic acts.
    In November, according to media reports, the security police 
terminated the criminal investigation into the activities of a Finn 
with Estonian citizenship suspected of working to establish an 
``anticonstitutional right-wing organization.'' According to the media, 
he used Nazi symbols and ideology and planned a paramilitary wing of 
the organization. No evidence was found that he planned to change the 
country's constitutional order.
    The Government took a number of steps to associate itself with 
commemoration of the Holocaust and to encourage best practices in 
teaching about it in schools.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The constitution prohibits forced exile, and the Government did not 
employ it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government has a ``safe country of origin or transit'' 
policy; it regarded countries that were parties to the UN refugee 
convention as safe countries, but all asylum seekers were granted 
individual interviews.
    In practice the Government provided protection against expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened. The Government granted refugee status or asylum to four 
individuals.
    The Government did not provide temporary protection to individuals 
who did not qualify as refugees under the 1951 convention or the 1967 
protocol.

    Stateless Persons.--Citizenship is derived from one's parents (jus 
sanguinis). According to government statistics, approximately 110,000 
persons, or 8.2 percent of the population, were of undetermined 
citizenship or de facto stateless. This represented a decline of 32 
percent from 1992. According to UNHCR statistics there were 116,248 
stateless persons in the country at the end of 2007.
    The majority of stateless persons were long-term residents and, as 
such, could vote in local but not parliamentary elections. The 
Government has statutory procedures in place that offer opportunities 
to gain legal residence status or citizenship. Authorities have adopted 
policies, such as funding citizenship and language courses and 
simplifying the process for persons with disabilities to facilitate 
acquisition of citizenship by those stateless persons who wish it. 
Children whose parents are residents of undetermined citizenship and 
have lived in the country for five years are eligible to acquire 
citizenship at their parents' request.
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.

    Elections and Political Participation.--Parliamentary elections 
held in March 2007 were generally free and fair and led to the 
formation of a three-party coalition government that took office in 
April 2007. Political parties could operate without restriction or 
outside interference.
    Only citizens may vote in parliamentary elections and be members of 
political parties. Resident noncitizens may vote in local elections if 
they have lived for at least five years in the municipality or city 
that corresponds with their permanent residence as listed in the 
country's population register. European Union (EU) citizens who have 
established permanent residency may also vote in local elections. 
Resident noncitizens may not run for office. EU citizens who are 
registered in the country's population register may vote in the 
European Parliament elections.
    There were 21 women in the 101-seat parliament. The speaker of the 
parliament and the deputy speaker of the parliament were women. There 
were three women in the 14-member cabinet.
    There were nine members of ethnic minorities in the 101-seat 
parliament.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption during the year.
    On January 31, the Viru County Court found a former judge of the 
Harju County Court guilty of accepting a bribe in 2006 and sentenced 
him to three and a half years in prison. The former judge appealed the 
sentence.
    On September 12, the Harju County Court initiated proceedings 
against a businessman, a lawyer, and a former minister for attempted 
bribery in connection with the sale of a building belonging to the 
Ministry of Environment. The case was pending at year's end.
    Investigations were ongoing at year's end into alleged illegal 
property exchanges in which protected land in nature preserves was 
traded for state properties in other locations with the approval of a 
former minister. The security police and prosecutor's office continued 
criminal cases against several individuals allegedly involved in these 
transactions, including a few well-known politicians and businessmen.
    Public officials are subject to financial disclosure laws. The 
Justice Ministry is responsible for coordinating anticorruption 
activities.
    The law provides the public access to government information and 
allows for monitoring of the public sector's performance. The 
Government provided access for citizens in practice.
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.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination for any reason, and the 
Government generally enforced it. However, violence against women and 
child abuse were problems.

    Women.--Rape, including spousal rape, is illegal and was 
prosecuted. The sentence for rape is up to 15 years' imprisonment. 
During the year, the police reported 160 rapes and attempted rapes; 30 
persons were convicted of rape during the year.
    Violence against women, including spousal abuse, was a problem. 
According to nongovernmental organizations (NGOs), one in four women 
has suffered from physical, sexual, or emotional domestic violence, and 
NGOs considered domestic violence a serious problem. The law prohibits 
physical abuse but does not differentiate between acts committed 
against men or women. Domestic violence is punishable by a fine or 
imprisonment of up to three years and up to five years in the case of 
longstanding and unremitting violence. During the year police reported 
more than 5,200 cases of physical abuse, including domestic violence. 
During the year 1,544 persons were convicted of physical abuse. Victims 
of domestic violence may obtain help, including counseling and legal 
assistance, from local social workers and specialized NGOs.
    Prostitution is not prohibited and was common, but pimping is 
illegal. There were reports that women were trafficked for purposes of 
sexual exploitation.
    The law prohibits sexual harassment. Sexual harassment in the 
workplace occurred but was not considered a serious problem. According 
to the law, disputes over sexual harassment are resolved in court, in 
an administrative hearing by the legal chancellor-ombudsman, or by the 
gender equality commissioner. An injured party may demand compensation 
for damages and termination of the harmful activity. During the year a 
local branch of the Labor Inspectorate handled five harassment cases 
involving four women and a man who filed complaints against their 
supervisors. The maximum compensation for damages is 50,000 kroon 
(approximately $4,490).
    Although women have the same legal rights as men under the law and 
are entitled to equal pay for equal work, these rights were not always 
observed in practice. While the average educational level for women was 
higher than for men, their average pay was generally lower, and there 
continued to be female- and male-dominated professions. According to 
media reports, the difference between the salaries of men and women was 
25 percent.

    Children.--The Government was committed to children's rights and 
welfare.
    Child abuse was a problem. During the year police reported 762 
cases of violence against children, including domestic and school 
violence.
    During the year there were 76 reports of rape and attempted rape of 
minors, and police registered 193 cases of sexual abuse of persons 
under 18 years of age, including 39 cases involving victims below the 
age of 14; 36 persons were convicted of sexual assaults against minors.
    There were reports that children were trafficked for sexual 
exploitation.

    Trafficking in Persons.--There is no specific law criminalizing all 
forms of trafficking; however, authorities prosecuted traffickers under 
laws prohibiting enslavement, abduction, and pimping.
    The country was a source, destination, and transit point for 
trafficking victims, who were trafficked primarily for sexual 
exploitation. Women and girls were trafficked primarily to countries in 
northern Europe. The overall trafficking pattern appeared to be 
unchanged from earlier years, although authorities in both Finland and 
Sweden noted considerable declines in the number of Estonians 
trafficked to their countries. Travel-friendly regulations in the 
Schengen zone, short distances, low travel costs, and the draw of 
legitimate employment lowered the barriers to trafficking to Nordic and 
other EU countries.
    Traffickers included individuals, small groups, and organized 
criminals who ran the prostitution industry and lured victims with the 
promise of legitimate employment or the opportunity to live and study 
abroad. Traffickers tended to befriend victims or attempted to pass 
themselves off as legitimate job mediators. Due to generally liberal 
travel regulations around the region, false documentation was not 
always necessary.
    Penalties for trafficking-related offenses range from five to 15 
years' imprisonment; fines may also be applied. In December the Parnu 
county court found two individuals guilty of enslaving a person to sell 
drugs. They were sentenced to one and one-and-a-half years 
imprisonment, respectively.
    The Ministries of Interior, Social Affairs, Foreign Affairs, 
Education and Research, Finance, and Justice have responsibilities for 
combating trafficking.
    Authorities cooperated actively with regional and international 
efforts to fight trafficking, including participation in the work of 
the Nordic and Baltic Task Force on Trafficking in Persons.
    The law provides protection, as well as legal and medical 
compensation rights, to victims of all crimes, including trafficking. 
During the year, 55 women were assisted within the framework of a 
Nordic-Baltic pilot project for victims of trafficking and sexual 
exploitation. Shelter facilities, as well as psychological, social, and 
legal counseling services were offered to women identified through the 
initiative. The project, a three year initiative (2006-08) aimed at 
building shelter facilities and providing public outreach, targeted 
women who had in the past been victims of trafficking and sexual 
exploitation, primarily prostitution. Each county had an assigned 
assistant to provide trafficking victims access to public assistance. 
These assistants received specific training on trafficking in persons 
issues from NGOs during the year.
    The Government continued to support an NGO-operated hot line that 
provided information on trafficking risks to persons interested in 
working abroad. The hot line received over 400 calls during the year.
    Throughout the year the Ministry of Social Affairs engaged in 
educational outreach programs to governmental organizations, NGOs, and 
individuals, including sponsoring lectures, seminars, and preparation 
of training materials.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 the 
Government generally enforced these provisions. The law does not 
mandate access to buildings for persons with disabilities; older 
buildings were inaccessible, although new or renovated buildings were 
generally accessible. The Ministry of Social Affairs is responsible for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--Instances of overt hostility 
based on ethnicity or race were infrequent. There was no recurrence 
during the year of the violent protests by some members the of 
country's Russian minority that followed the Government's 2007 decision 
to move a Soviet-era monument from the center of Tallinn.
    While there is no specific law prohibiting hate crimes, the law 
prohibits incitement to hatred, violence, or discrimination on a 
variety of grounds, including nationality, race, skin color, language, 
and social origin. In September 2007 skinheads in Tartu threw stones in 
the direction of a French student of African origin; the student did 
not press charges.
    The Government provides for the protection of the cultures of 
minority groups. However, some observers alleged that a law related to 
minority cultural autonomy is discriminatory because it does not apply 
to the country's large population of noncitizens. 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.
    Russians, Ukrainians, and Belarusians are the largest ethnic 
minorities, making up 29 percent of the population. The Government 
encouraged social integration through a policy that promotes learning 
Estonian and naturalization. Knowledge of Estonian is required to 
obtain citizenship, and all public servants and public sector 
employees, service personnel, medical professionals, and sole 
proprietors must know the Estonian language. Actual proficiency is 
usually determined through examination; however, citizenship applicants 
who have previously passed the basic level language proficiency 
examination or the basic school final examination for Estonian as a 
second language do not have to take the citizenship language 
examination. Some noncitizen residents, particularly ethnic Russians, 
continued to allege that the language requirement resulted in job and 
salary discrimination.
    During the year the Government continued to implement its plan to 
provide 60 percent of all instruction in the country's 58 public 
Russian-language high schools in the Estonian language by 2011.
    Romani communities, with a total of fewer than 1,000 members, were 
primarily located in three areas in the country. A 2006 COE report 
noted high unemployment levels among Roma, due in part (because very 
few had attended school) to low education levels. However, the report 
also concluded that Roma faced discrimination in employment and other 
areas. The Government took steps to emphasize the importance of 
education for Romani children.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers to form and join a union or employee association, although some 
workers found it difficult to exercise this right in practice. 
Approximately 10 percent of the total workforce belonged to trade 
unions. 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 strike, and workers exercised this right 
in practice. Public servants at the state and municipal levels are 
denied the right to strike.

    b. The Right to Organize and Bargain Collectively.--Collectively 
bargained contracts covered approximately 15 percent of workers, 
including some nonunion members. Collective bargaining and collective 
dispute resolution are provided for by law.
    The law prohibits antiunion discrimination; however, the 
Confederation of Estonian Trade Unions (EAKL) continued to report that 
antiunion behavior was rife in the private sector. According to the 
EAKL, violations of trade union rights in the country were frequent, 
and labor inspectorates were not efficient in enforcing the law. In 
some enterprises, workers were advised against forming trade unions, 
threatened with dismissal or a reduction in wages, or promised benefits 
if they do not join unions. Both employees and employers have the right 
to request that labor dispute committees or the courts resolve 
individual labor disputes.
    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 women and girls were trafficked for sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively enforced laws and policies to protect children 
from exploitation in the workplace.
    The law sets the minimum age for employment at 18, although 
children aged 15 to 17 may work with the consent of a parent or 
guardian, and children aged 13 to 15 may work with the consent of a 
parent or guardian and a labor inspector. Children under the age of 18 
may not perform hazardous or dangerous work. The law limits the hours 
that children may work and prohibits overtime or night work. The labor 
inspectorate was responsible for enforcing these laws and did so in 
practice. There were no separate inspections regarding the age of child 
workers.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of 4,350 kroon (approximately $391) did not provide a decent 
standard of living for a worker and family; however, approximately 94 
percent of the workforce earned more than the minimum wage.
    The standard workweek is 40 hours, and there is a mandatory 24-hour 
rest period per week for those working in shifts. Reduced working time 
is required 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. The law required overtime pay of not less than 150 
percent of the hourly wage of the employee. These requirements were 
effectively enforced.
    The Government set occupational health and safety standards. The 
labor inspectorate, health protection inspectorate, and technical 
inspectorate were responsible for enforcement of these standards and 
made efforts to enforce them. Workers have the right to remove 
themselves from situations that endangered health or safety without 
jeopardizing their continued employment, and they exercised this right 
in practice. During the year, 3,959 occupational accidents occurred, a 
ratio of 599 occupational accidents per 100,000 employees.

                               __________

                                FINLAND

    Finland is a constitutional republic of 5.3 million persons with a 
directly elected president and a unicameral parliament (Eduskunta). The 
prime minister is head of government. Parliamentary elections held in 
March 2007 were free and fair. Civilian authorities maintained 
effective control of military and security forces.
    The Government generally respected the human rights of its 
citizens, and the law and an independent judiciary provided effective 
means of addressing individual instances of abuse. Human rights 
problems included violence against women, trafficking in persons, and 
societal discrimination against foreign-born residents and 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law and constitution prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.

    d. Arbitrary Arrest or Detention.--The law and constitution 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the military and the national police 
force, which is under the centralized control of the Ministry of 
Interior. The Government has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving security forces during the year.

    Arrest and Detention.--The law requires police to have a warrant 
issued by a prosecutor to make an arrest. If an individual is arrested 
while committing a crime, a warrant must be obtained within three days; 
arrested persons must receive a court hearing within three days. 
Detainees must be promptly informed of the charges against them, and 
lawyers must be provided for the indigent. Authorities generally 
respected these rights in practice. There is no system of bail, but 
most defendants awaiting trial were eligible for conditional release 
based on personal recognizance. Criminal detainees were allowed prompt 
access to counsel of their choice and to family. There were no reports 
of preventive detention, which the law allows 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.

    e. Denial of Fair Public Trial.--The law and constitution provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.

    Trial Procedures.--The law and constitution provide for the right 
to a fair public trial, and an independent judiciary generally enforced 
this right.
    Defendants are presumed innocent until proven guilty. The law does 
not provide for trial by jury. Defendants have a right of appeal, to be 
present at trial, and to consult with an attorney in a timely manner; 
attorneys are provided at public expense if defendants face serious 
criminal charges that can result in imprisonment or significant fines. 
Defendants can confront and question witnesses against them and present 
witnesses and evidence on their own behalf. Defendants and their 
attorneys have access to government-held evidence relevant to their 
cases.
    The law extends these rights to all citizens and legal residents. 
Irregular migrants have the same rights as citizens except that they 
may be removed from the country or deported for legal cause.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution provides 
all citizens with a fundamental right to live under the rule of law and 
to have the law applied equally and without discrimination. The country 
had an independent and impartial judiciary in civil matters, and there 
was access to courts to bring lawsuits seeking damages for, or 
cessation of, human rights violations.

    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 and constitution provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combined to 
ensure freedom of speech and of the press. The independent media were 
active and generally expressed a wide variety of views without 
restriction, with the exception of hate speech.
    Publishing hate material and any public speech intended to incite 
discrimination or violence against any national, racial, religious, or 
ethnic group is a crime.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.
    The country had one of the world's highest rates of Internet 
connectivity, and virtually all citizens had access to the Internet. 
Courts can fine persons found guilty of inciting racial hatred on the 
Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The law and 
constitution provide 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. 
According to the law, the Evangelical Lutheran Church (ELC) of Finland 
and the Orthodox Church are established state churches.
    Citizens who belong to one of the two state churches pay a 1 to 2 
percent ``tithe'' as part of their income tax, but may opt out by 
officially disassociating from the ELC or Orthodox Church. During the 
year other registered religious communities that qualified by having 
200 or more members became eligible for the first time to receive state 
funds to help defray operating costs.
    Religious instruction in Lutheran or Orthodox doctrine was part of 
the public school curriculum; however, students could substitute 
philosophy or world religion courses. In some urban communities, 
students may receive Islamic religious instruction in public schools.
    In August the NGO Union of Conscientious Objectors (a member of NGO 
War Resisters' International) reported that 15 conscientious objectors 
were in prison for refusing to perform either compulsory military 
service or alternative civilian service. Some of those imprisoned 
stated that their objection to military or civilian service was based 
on religious conviction. However, there was no evidence that the 
Government singled out any individuals for prosecution because of their 
religious beliefs or their membership in a religious minority. 
Jehovah's Witnesses are specifically exempt from military service. 
Regular military service is between 180 and 362 days. The law provides 
that conscientious objectors must perform 362 days of alternative 
civilian service. Amnesty International criticized the length of 
alternative civilian service for conscientious objectors as punitive 
and discriminatory. During the year the law was changed shortening the 
allowed maximum time in prison for refusal of alternative service to 
181 days, one half the number of days served for alternative military 
service.

    Societal Abuses and Discrimination.--According to Statistics 
Finland, the country's Jewish community numbered 1,181 at the end of 
2007, the last date for which figures were available. There were no 
reports of anti-Semitic acts.
    The Ministry of Education continued to integrate tolerance and 
antibias courses and material into the public school curriculum. 
Students begin studying the Holocaust and the phenomenon of anti-
Semitism in the eighth grade.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law and constitution provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. However, the Government automatically denied asylum to anyone 
who previously was denied asylum by another European Union state.
    In practice the Government provided protection against the 
expulsion or return of refugees to a country where their lives or 
freedom would be threatened.
    The Government also provided temporary protection to individuals 
who might not qualify as refugees under the 1951 convention or the 1967 
protocol and provided it to 35 persons by the end of November.
    There were reports of societal discrimination against foreign-born 
residents, including refugees and asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--Parliamentary elections in 
March 2007 were considered to be free and fair and resulted in a four-
party coalition government led by the Center Party. Political parties 
could operate without restriction or outside interference.
    There were 84 women in the 200-seat parliament and 12 women in the 
20-member Council of State (cabinet). The president is a woman.
    There were 13 members of minorities in parliament and two in the 
cabinet. One representative from the electoral district of Aland 
(autonomous region) is always elected. The indigenous Sami (Lapp) 
minority enjoys semiautonomous status and has its own legislative body.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were no reports of government 
corruption during the year.
    All citizens, including public officials, are subject to public 
disclosure laws; by law, income and asset information from all tax 
forms must be made public each year. The Office of the Chancellor of 
Justice has overall responsibility for oversight of government 
activities.
    The law provides for public access to government information, with 
the exception of national security information and documents covered by 
privacy laws, and the Government provided such access in practice.
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 law prohibits discrimination based on race, gender, disability, 
language, or social status, and the Government generally enforced the 
law effectively. However, violence against women and children, 
trafficking in persons, and societal discrimination against foreign-
born residents and Roma resulted in legal actions.

    Women.--The law criminalizes rape, including spousal rape, and the 
Government enforced the law effectively. The maximum sentence for rape 
is seven years. As of June 30, a total of 366 cases of rape were 
reported to police. Justice Ministry officials estimated that the 
actual number of rape cases was higher, noting that as many as 75 
percent of unreported rapes each year were committed by a known 
assailant.
    There were no reports of police or judicial officials showing 
reluctance to act on rape cases. Police and government officials 
actively encouraged victims to report rape cases through various public 
awareness campaigns. In 2007, the most recent period for which 
government figures were available, 104 persons were convicted of rape.
    In August the Rovaniemi District Court sentenced a man to 10 years 
in prison for deliberately infecting five women with HIV. The court 
ordered the man to pay damages to the victims.
    A 2007 report by Statistics Finland indicated that the number of 
sexual crimes reported to the police in 2007 decreased by 12 percent to 
320 cases.
    Societal violence against women, including spousal abuse, continued 
to be a problem. Domestic abuse may be prosecuted under various 
criminal laws, including the laws prohibiting rape, assault and 
battery, harassment, and disturbing the peace. The penalty for domestic 
physical violence ranges from a minimum of six months to a maximum of 
10 years in prison. According to government officials, efforts to raise 
awareness of the problem have increased victims' willingness to report 
violence.
    In August the National Research Institute of Legal Policy and the 
European Institute for Crime Prevention and Control released findings 
in which they estimated that 20 percent of women in relationships were 
subjected to some form of violence. In 2007 the National Research 
Institute of Legal Policy estimated that 33 of the female homicides in 
the country had clear implications of domestic violence.
    During the year police received training in how to identify 
potential domestic violence. Police may refer potential perpetrators or 
victims to government social welfare agencies that have programs aimed 
at reducing domestic violence by promoting cooperation between 
cohabiting partners; by providing better support to victims; and 
through anger management and other counseling services to perpetrators.
    The Government encouraged women to report domestic violence and 
abuse and provided counseling, shelters, and other support services to 
victims of domestic violence and rape. The Government also funded NGOs 
that provided additional services, including a telephone hot line and 
crisis center. According to regional and municipal officials who 
operated shelters, most women who sought shelter from violence were 
between the ages of 25 and 35 and married or in a cohabiting 
relationship; nearly one fifth were reported as immigrants, but origin 
is often not reported in shelter logs to protect residents. Foreign-
born residents who were proficient in neither Finnish nor English 
experienced some difficulty accessing domestic violence services.
    Prostitution is legal, but pimping, pandering, selling, and 
purchasing sexual services in public is illegal. Prostitution was 
generally limited to private apartments and nightclubs in larger 
cities.
    Trafficking in women for the purpose of sexual exploitation 
resulted in legal action. In late July a court convicted seven persons 
of purchasing sexual services from trafficking victims and sentenced 
them to prison terms ranging from two years and three months to five 
years.
    Sexual harassment is prohibited by law, and the Government 
generally enforced the law in practice. The prosecutor general is 
responsible for investigating sexual harassment cases. Employers who 
fail to protect employees from harassment are subject to fines or a 
maximum of six months' imprisonment.
    Women have the same rights as men under family and property laws 
and in the judicial system. The Government placed a high priority on 
gender equality and maintained three government organizations devoted 
to gender equality issues: the ombudsman for equality, the Gender 
Equality Unit, and the Council for Equality.
    The law stipulates that men and women must receive equal pay for 
equal work. However, allegations of wage discrimination against women 
continued to be reported. For example, in 2007 the equality ombudsman's 
office received 381 complaints alleging unequal treatment in working 
life and determined that approximately 20 percent of the cases violated 
the law. Women filed 75 percent of complaints.
    On average women earned approximately 18 percent less than men for 
substantially similar work. Women were overrepresented in lower-paying 
occupations, while men tended to dominate the upper ranks in industry, 
finance, and some government ministries. The law provides that 
individuals may receive compensation for lost wages in cases where 
gender-based discrimination is proven.

    Children.--The Government was strongly committed to children's 
rights. Child abuse remained a problem.
    There were reports of trafficking of children for sexual 
exploitation. During the year the number of suspected sexual abuse 
cases reported to police continued to increase, due in large part to a 
greater willingness to report child abuse. According to Statistics 
Finland, there were 1,025 cases of child sex abuse reported to the 
police in 2007.
    The Government established a national action plan to train law 
enforcement, judicial, and social welfare officials in methods for 
identifying, protecting, and assisting child victims of sexual abuse. 
However, according to a 2007 survey by the government-run National 
Council for Crime Prevention, there was still a need for better central 
planning, more government resources for law enforcement and victim 
protection, and better information sharing among national and local-
level officials to combat child abuse.
    There is a government ombudsman for children's issues under the 
Ministry for Social Affairs and Health. During the year the ombudsman 
worked to raise public awareness of child abuse and help policymakers 
identify the socio-economic factors that can lead to abuse. Authorities 
also attributed the increase in the reporting of child abuse to the 
ombudsman's efforts to raise awareness of the problem.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, through, and within the country.
    The country continued to be a transit and destination point for 
trafficked men, women, and children; however, there were no reliable 
estimates available on the actual incidence of trafficking.
    Many of the trafficking victims were women Russian, although 
Azerbaijani, Moldovan, Estonian, Latvian, Lithuanian, Ukrainian, and 
Belarusian women were also trafficked to and through the country to 
Western Europe for commercial sexual exploitation. Increasing numbers 
of Asian women, most of whom were believed to be Chinese or Thai, were 
trafficked through the country to other parts of Europe. In 2007 
authorities identified a small number of Russian boys as trafficking 
victims while transiting the country to Sweden.
    Men and women were trafficked to provide forced labor. Many of 
these workers were trafficked from China, Vietnam, and India and 
employed by other Asians, who frequently had family or clan ties to the 
victims.
    According to government and NGO reports, Russian organized crime 
syndicates were the principal traffickers of women into the country. 
Many of the trafficked women were aware that they would work as 
prostitutes. Economic incentives for women seemed to play a larger role 
than physical coercion in the recruitment of trafficked women by crime 
syndicates. However, after arriving, they were pressured and coerced 
into working longer hours and accepting lower wages.
    Many trafficking victims entered the country with valid visas 
obtained at Finnish consulates abroad. The Schengen Treaty, which 
allows travelers already within the EU Schengen area to travel to any 
other EU Schengen country without inspection, facilitated the transit 
of trafficked persons from Russia and the Baltic countries to Western 
Europe.
    In some cases traffickers confiscated victims' passports and used 
violence or the threat of violence to ensure their compliance.
    The maximum penalty for trafficking in persons is six years' 
imprisonment; for aggravated trafficking in persons 10 years. Other 
laws used to prosecute traffickers include laws against organized 
prostitution, dissemination of child pornography, coordination of 
illegal entry into the country, and the marketing of sexual services.
    During the year authorities continued to prosecute suspected 
traffickers vigorously. In 2007, 10 traffickers were prosecuted for sex 
trafficking compared to 10 sex trafficking prosecutions and one labor 
trafficking prosecution reported in 2006.
    During the year five Finns received two to six year prison 
sentences and were ordered to pay restitution in an aggravated 
trafficking case involving a domestic victim within the country. The 
traffickers threatened, assaulted, coerced, and pimped the victim by 
falsely alleging that the victim had debt.
    The ministries for foreign affairs, interior, justice, labor, 
education, and social welfare were involved in combating trafficking. 
The parliamentary human rights caucus, the National Bureau of 
Investigation, frontier guards, customs and immigration, and municipal 
police were also involved in antitrafficking efforts. The Government 
provided specialized training for law enforcement personnel and 
prosecutors in antitrafficking measures.
    The Government participated in multilateral and regional efforts to 
combat trafficking through organizations such as the Council of Baltic 
Sea States, the Nordic Council of Ministers, and the Barents Euro 
Arctic Council. The Government was also involved in antitrafficking 
efforts with the EU and OSCE.
    The Government provided the majority of funding for antitrafficking 
NGOs. Although there were no NGOs dedicated to assisting trafficking 
victims, several focused on women's rights and general assistance to 
victims. NGOs and government facilities operated by the Ministry of 
Labor provided trafficking victims with shelter, subsistence, medical 
services, and psychological counseling. Law enforcement and social 
workers identified trafficking victims and referred them for necessary 
care. The Government generally respected the rights of trafficking 
victims and did not penalize them. Authorities allowed some victims to 
apply for a temporary residence permit.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, access to health care, or the provision of other state 
services, and the Government effectively enforced these provisions.
    Laws mandating access to buildings for persons with disabilities 
were generally enforced, although many older buildings remained 
inaccessible. Most forms of public transportation were accessible, but 
problems remained in some geographically isolated areas. The Ministry 
for Social Affairs and the Ministry for Labor are responsible for 
protecting the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--There was some societal tension 
between ethnic Finns and minority groups, and there were reports of 
racist or xenophobic incidents. In 2007, the last date for which 
figures were available, police stated that they received 698 reports of 
race-related crimes and misdemeanors. The vast majority of the cases 
involved racial epithets directed towards immigrants or merchant 
refusals to provide services to members of minority groups.
    There were occasional reports of fighting between ethnic Finns and 
foreign-born youths of African and Middle Eastern descent as well as 
fighting between rival ethnic immigrant groups. However, none of the 
cases that led to court proceedings were prosecuted as hate crimes.
    According to the minority ombudsman, discrimination against the 
approximately 10,000 Roma extended to all areas of life, resulting in 
their de facto exclusion from society. The Romani minority was the most 
frequent target of racially motivated crimes. According to government 
figures, 75 percent of discrimination cases involved Roma, followed by 
Somalis, Russians, Turks, Iraqis, and Iranians. Ethnic Finns were also 
occasionally victims of racially motivated crimes for associating with 
members of minority communities.
    The Government strongly encouraged tolerance and respect for 
minority groups and sought to address racial discrimination. All 
government ministries included antiracism provisions in their 
educational information, personnel policy, and training programs. The 
Government also monitored police, border guard, and teacher treatment 
of national, racial, and ethnic minorities. The Government's minority 
ombudsman monitored and assisted victims of discrimination.

    Indigenous People.--The law provides for the protection of Sami 
(Lapp) language and culture, and the Government financially supported 
these protections, and the Sami have full political and civil rights as 
citizens, as well as a measure of autonomy in their civil and 
administrative affairs. Despite constitutional protections, members of 
the Sami community, which constitutes less than 0.1 percent of the 
population, continued to protest the lack of explicit legislation to 
safeguard Sami land, resources, and economic livelihood. Sami have 
alleged for decades that, while 90 percent of the Sami home region is 
considered government-owned land, the Government used this land for 
logging and other purposes without consulting them. During the year 
members of the Sami community won some legal challenges related to 
violations of their land rights.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination against persons based on their 
sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join unions of their choice, and workers exercised this right in 
practice. Approximately 79 percent of the workforce was unionized. The 
law grants employees the right to strike, with some exceptions for 
public sector employees who provide essential services. Workers 
exercised this right in practice. An official dispute board can make 
nonbinding recommendations to the cabinet on ending or limiting the 
duration of strikes when national security is threatened. Employees 
prohibited from striking can use arbitration to ensure due process in 
the resolution of their concerns. 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.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, and the 
Government protected this right in practice. Collective bargaining 
agreements usually were based on wage policy agreements among 
employees, employers, and the Government. All unionized workers were 
covered by such agreements. Employers of nonunionized workers were 
required to compensate employees at a wage equal to that stipulated by 
existing collective bargaining agreements.
    The constitution provides for the right to trade union freedom. The 
statute regulating work agreements extends these rights to both the 
employee and the employer. Any restriction or obstruction of these 
rights is prohibited. In addition, the country is a member of the 
International Labor Organization Convention 87 concerning freedom of 
association and protection of the right to organize, and the Government 
generally enforced these rights.
    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 incidents occurred. Men and women were trafficked to 
provide forced labor in the construction industry, restaurants, and as 
domestic servants. They often worked long hours for low pay and were 
reluctant to approach authorities for cultural reasons or out of fear 
of deportation or confinement.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, and the 
Government effectively enforced these laws in practice. The law 
prohibits children under age 16 from working more than six hours a day 
and from working at night. The law sets occupational health and safety 
restrictions for children, and the Government implemented these 
provisions effectively.
    The labor ministry enforces child labor regulations; there were no 
reports of children engaged in work outside the parameters established 
by law.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage law; however, the law requires all employers, including 
nonunionized employers, to pay minimum wages agreed to in collective 
bargaining agreements. Almost all workers were covered under such 
arrangements. These negotiated minimum wages provided a decent standard 
of living for workers and their families.
    The standard workweek established by law consists of five days not 
exceeding 40 hours. Employees working shifts or during the weekend are 
entitled to a 24 hour rest period per week. Workers are entitled to 
premium pay for overtime work. The law limited a worker to 250 hours of 
overtime per year and to 138 overtime hours in any four-month period. 
Foreign workers were covered by these laws, which the Government 
effectively enforced.
    The Government sets occupational health and safety standards, and 
the Labor Ministry effectively enforced them. Workers have the right to 
refuse dangerous work situations without penalty, and the Government 
enforced this right in practice.

                               __________

                                 FRANCE

    France, with a population of approximately 64.1 million, is a 
multiparty constitutional democracy. The president is elected by 
popular vote for a five-year term. There is a bicameral parliament; the 
upper house (Senate) is indirectly elected through an electoral 
college; the lower house (National Assembly) is directly elected. 
Parliamentary and presidential elections took place in 2007 and met 
international standards. The Union for a Popular Movement was the 
ruling party and Nicolas Sarkozy was president. Civilian authorities 
generally maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas, including 
overcrowded and dilapidated prisons; lengthy pretrial detention; 
protracted investigation and trial proceedings; anti-Semitic incidents; 
discrimination against Muslims; societal hostility toward immigrants; 
societal violence against women; child abuse and child marriage; and 
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 that the Government or its agents committed any politically 
motivated killings 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 and law prohibit such practices; however, 
there were occasional accusations and press reports of police violence 
and use of excessive force in making arrests.
    There were no developments in the 2006 Muhittin Altun case, in 
which attorneys for Altun filed a complaint against police for reckless 
endangerment and falsification of public documents during their 
examination of Altun. Investigation of the two policemen implicated in 
the case began in February 2007, but no trial date had been set at 
year's end.
    In March police Captain Franck Junca received an 18-month prison 
sentence and a three-year suspension from duties for allegedly 
assaulting and sodomizing a driver in Val-de-Marne. Two other officers 
involved in the assault were suspended for periods of one to three 
years.

    Prison and Detention Center Conditions.--Prison and detention 
centers conditions generally met international standards, and the 
Government permitted visits by independent human rights observers; 
however, credible nongovernmental organizations (NGOs) reported 
overcrowding and unacceptable hygienic conditions in some facilities.
    Prison overcrowding was a problem. At year's end there were 63,619 
persons incarcerated in the country's 185 prisons, exceeding capacity 
by almost 13,000 places.
    Although there were no known deaths in prison due to mistreatment 
or adverse conditions during the year, prison suicides have been an 
increasing problem in recent years. According to penitentiary 
officials, there were over 115 prison suicides during the year.
    On April 14, a Parisian judge ruled that Rennes' regional prison 
director, Alain Jego, be held liable for involuntary homicide for 
neglecting to prevent an inmate's suicide. Jego was accused of failing 
to enforce the law requiring that prisoners be deprived of any means of 
assisting in committing suicide. The ruling was the first time that a 
prison manager has been held personally liable for an inmate's suicide.
    Authorities maintained administrative holding centers for 
foreigners whom they could not immediately deport. There were 18 
holding centers on the mainland.
    The Government permitted prison visits by independent local and 
foreign human rights observers. In May the Council of Europe's human 
rights commissioner, Thomas Hammarberg, undertook an inspection of 
prisons in the country. Hammarberg's report, released in November, 
indicated that local prisons fared poorly, stating that ``living 
conditions are still unacceptable for numerous detainees, who have to 
cope with overcrowding, lack of privacy, dilapidated facilities and 
substandard hygiene.''

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions; however, lengthy pretrial detention was a 
problem. The Government provided financial compensation in some cases 
of wrongful incarceration.

    Role of the Police and Security Apparatus.--A civilian force of 
146,000 national police under the direction of the Ministry of the 
Interior and a military force of 105,389 national gendarmes under the 
joint direction of the Ministry of the Interior and the Ministry of 
Defense ensure internal security. Police and gendarmes were considered 
effective.
    On April 13, the first 50 ``neighborhood police'' (police de 
proximite) returned to work after a six-year suspension initiated by 
then interior minister Sarkozy. Authorities expressed hope that their 
reintroduction would curb juvenile delinquency and petty crime in 
neighborhoods with high percentages of youth. Critics held that the 
discontinuation of neighborhood policing contributed to a degradation 
of security and helped set the stage for the 2005 urban rioting across 
the country. Prime Minister Francois Fillon stated that the 
neighborhood police would involve the most experienced individuals in 
the police force.
    Impunity was not widespread. The inspector general of the national 
police and the Office of Judicial Police investigated and prosecuted 
allegations of police brutality. The independent National Security 
Ethics Commission (CNDS) investigated allegations of misconduct by 
municipal police, gendarmes, and private security forces and reported 
the findings to the prime minister and parliament. The National 
Consultative Commission on Human Rights (NCCHR) also monitored police 
conduct. Police corruption was generally not a problem. The Government 
actively investigated and prosecuted allegations of police corruption.
    The CNDS monitored security enforcement ethics. According to its 
annual report for 2007, the number of complaints registered with the 
CNDS fell by 17 percent from 2006 to 2007 (from 140 to 117 cases).

    Arrest and Detention.--Police are required by law to obtain 
warrants based on sufficient evidence and issued by a duly authorized 
official prior to taking individuals into custody. The law gives the 
individual the right to a prompt judicial ruling on the legality of the 
detention, and authorities generally respected this right in practice. 
Authorities must promptly inform detainees of charges against them. 
There is a system of bail, and it is utilized. Detainees generally had 
prompt access to lawyers; however, in cases involving terrorism or 
other major crimes, suspects may be held up to 96 hours without access 
to a lawyer. If detainees are indigent, the state provides a lawyer.
    The 2006 antiterrorism law provides for longer periods of 
incommunicado detention and allows authorities to hold terrorism 
suspects for an initial period of four days before being charged or 
allowed access to a legal counsel. Authorities may petition a judge to 
extend this period by an additional two days. After six days, suspects 
must either be charged or released and allowed access to legal counsel.
    Long delays in bringing cases to trial and lengthy pretrial 
detention were problems. Pretrial detention is generally allowed only 
if there is a possibility that the suspect would be sentenced to more 
than three years in prison for crimes against property; however, a few 
suspects spent many years in detention before trial, which officials 
blamed on system stress from changing judicial laws and insufficient 
government resources for investigations and trials. According to 2007 
government statistics, the average length of pretrial detention was 5.7 
months, an increase of 10 percent since 2001.
    Prison officials occasionally engaged in inappropriate conduct 
toward prisoners, including misuse of solitary confinement.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence; however, delays in bringing cases to trial were 
a problem.
    The Tribunal of the Armies of Paris is a military court for acts 
committed outside of the country. The court tries only military 
personnel.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Trials are public and usually held before a judge or tribunal of 
judges. In cases where the potential punishment exceeds 10 years' 
imprisonment, a combination of professional and lay judges hears the 
case. Defendants are able to question the testimony of prosecution 
witnesses against them and present witnesses and evidence in their 
defense. Defendants and their attorneys have access to government held 
evidence relative to their cases. However, Council of Europe research 
in 2006 found that, in practice, the country's legal system limited the 
right of accused persons to benefit from legal counsel by limiting 
access to case files. Defendants enjoy a presumption of innocence and 
have the right to appeal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters and access to a court to bring 
lawsuits seeking damages for, or cessation of, human rights violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice.
    Some civil rights and opposition political parties expressed 
concern about the 2006 antiterrorism law that permits official probing 
of the Internet and into mobile telephone records, increased video 
surveillance of railway stations and airports, and increased access to 
records of citizens' electronic communications. Although a judge's 
approval is not required for cases involving terrorism, as of year's 
end, there were no reports of abuse by the Government.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice. The independent media were active 
and expressed a wide variety of views with few restrictions.
    There were some limitations of freedom of speech and of the press. 
Strict antidefamation laws prohibit racially or religiously motivated 
verbal and physical abuse. Denial of the Holocaust and crimes against 
humanity is illegal, as is speech, written or oral, that incites racial 
or ethnic hatred.
    Authorities may deport a noncitizen for publicly using ``hate 
speech'' or constituting a threat of terrorism. Human Rights Watch 
(HRW) claimed that some long-established residents were deported for 
holding views that were unpopular but that would not constitute a 
threat of terrorism, illustrating a problem with the terrorist 
expulsion process. In 2007 HRW reported that the Government arrested 
and deported 17 imams on suspicion of having links to terrorism.
    The National Assembly passed a bill on December 16, which banned 
prime-time advertising from state-funded television networks and gave 
the president of the republic the ability to name the head of public 
broadcasting. A final vote in the Senate was pending at year's end. The 
board of the public television network agreed in December to begin 
voluntarily implementing the advertising ban before the legislation was 
final.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Aside from the rights accorded to the Government 
within the 2006 antiterrorism law to monitor email or Internet chat 
rooms for suspected terrorists, there were no reports of government 
abuse during the reporting period. Individuals and groups could 
generally engage in the peaceful expression of views via the Internet, 
including by electronic mail. Access to the Internet was widely 
available throughout the country. However, the authorities shut down at 
least one Internet site during 2007 for threats against Jews.
    In 2006 the parliament adopted an antiterrorism law that permits 
official probing on the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    The law prohibits discrimination on the basis of faith. However, 
some religious groups remained concerned about laws permitting the 
Government to dissolve groups under certain circumstances and 
prohibiting the wearing of ``conspicuous'' religious symbols, including 
Muslim headscarves, Jewish skullcaps, and large crosses, by employees 
and students in public schools. Some Christian, Jewish, Muslim, and 
Sikh leaders expressed concern about the law's potential to restrict 
religious freedom. Media reports estimated and the international Sikh 
community claimed that many of the country's Muslim school-age girls 
and Sikh school-age boys were affected by the law; many of the latter 
were denied a public higher education and forced to take up 
apprenticeship because they could not afford private schooling.
    Some Muslims described the deportation of a number of radical 
Islamist religious figures as a restriction on religious freedom, 
although authorities cited security as the justification.
    Under the law a religious group must apply to the local prefecture 
for recognition as an association of worship and must disclose certain 
management and financial information in order to receive tax-exempt 
status or gain official recognition. Groups of religious believers who 
do not seek such status are free to meet and conduct religious 
practice.
    On November 21, The European Court of Human Rights(ECHR) ruled in 
favor of the Government against a Sikh who wished to be photographed 
for a driver's license in his turban since he never appears in public 
without it.
    There was continuing concern over the About-Picard law, which 
permits the Government to dissolve religious groups, although 
authorities have never applied these provisions of the law.

    Societal Abuses and Discrimination.--Representatives of the Church 
of Scientology continued to report cases of societal discrimination, 
frivolous lawsuits, and prosecution for allegedly fraudulent activity.
    The Jewish community was estimated at 500,000-600,000 persons. 
There were several acts of anti-Semitism during the year, including 
anti-Semitic slurs and attacks on synagogues and Jewish cemeteries. 
According to the Jewish Consistory, there was a 32.5 percent drop in 
anti-Semitic incidents in the first five months of the year, as 
compared with the same period in 2007 (82 incidents versus 104).
    Denial of the Holocaust and crimes against humanity is illegal, as 
is speech, written or oral, that incites racial or ethnic hatred.
    On December 11, two Union for a Popular Movement (UMP) deputies 
released a report examining the recent spate of cemetery desecrations 
within the country. The report indicated that a cemetery is desecrated 
on average every three days, usually attributed to simple vandalism or 
theft, but also with apparent Satanist, racist, and anti-religious 
motivations targeting Muslims and Jews.
    On December 8, more than 500 Muslim and over a dozen Jewish graves 
in the Arras military cemetery in Northern France were desecrated with 
swastikas and anti-Islamic slogans.
    Youssouf Fofana, the head of the gang held responsible for the 2006 
torture and murder of a young Jewish man, Ilan Halimi, was deemed 
competent to stand trial for charges including criminal association, 
kidnapping, illegal confinement, torture, and religiously motivated 
premeditated murder. The trial was set to take place in April 2009.
    Members of the Arab Muslim community continued to experience acts 
of harassment and vandalism. The NCCHR reported 321 total incidents in 
2007, a 9 percent drop from 2006. While many acts were aimed against 
immigrants of North African origin, 11 were explicitly anti-Islamic, 
targeting mosques, cemeteries, or individuals.
    Muslim women wearing headscarves continued to experience 
discrimination, including refusal of service by private businesses. 
Media reports indicated that some companies discouraged female 
employees from wearing the headscarf or encouraged them to wear a 
bandanna instead.
    On September 4, six Muslim schoolgirls were sent home by 
schoolmaster Eric Rottier of Lislet Geoffrey, a public high school in 
the protectorate of La Reunion Island, for violating the law by wearing 
religious headscarves. Rottier later stated to the media that he was 
following the ``letter of the law.'' Two of the girls returned to 
school after removing their headscarves.
    On July 11, the Council of State, the country's highest 
administrative court, affirmed a lower court decision that refused 
citizenship to a Muslim woman for failing to assimilate to the 
country's cultural norms. The ruling refused citizenship to a Moroccan-
born Salafist woman, ``Faiza M,'' for the ``radical practice of her 
religion, deemed incompatible with essential values of the community,'' 
particularly gender equality. Faiza stated to authorities that she had 
only begun to wear a traditional ``burqa'' upon her arrival in the 
country, at her husband's behest, and had agreed to remove it following 
explicit requests by immigration officials so they could identify her 
visually. The minister for higher education and research, Valerie 
Pecresse, welcomed the ruling, stating that ``the principle of sexual 
equality is not up for negotiation'' in the country.
    On May 30, judicial sources confirmed that five suspects, including 
one active-duty soldier, had been placed under investigation and 
remanded to custody for an act of arson that partially destroyed a 
small mosque on April 20 in the southern town of Colombiers. The five 
individuals were associated with an extreme right-wing group and were 
believed to have committed the crime in commemoration of Adolph 
Hitler's birthday.
    Racism and religious intolerance in Corsica remained a concern, 
although violent racist attacks comprised only 5 percent of the attacks 
in Corsica in 2007, which was the same percentage as 2006. There were 
seven racist and xenophobic attacks in 2007, a 50 percent decrease 
since 2006.
    The Jehovah's Witnesses awaited a ruling by the ECHR on the 
admissibility of a case contesting the Government's assessment of their 
donations at a 60 percent tax rate. The Government had imposed the high 
rate relative to other religious groups after ruling the group to be a 
harmful cult. If the assessed tax, which totaled more than 57 million 
euros (approximately $77.5 million) as of year's end, were to be paid, 
it would consume all of the group's buildings and assets in the 
country.
    According to representatives for the Jehovah's Witnesses community, 
there were 65 acts of vandalism against the group in the country 
through December including Molotov cocktails aimed at Jehovah's 
Witnesses' property. In contrast to previous years, no individuals were 
targeted during the year. According to the leaders of the Jehovah's 
Witnesses community in the country, there were 98 acts against 
individuals for 2006 and 115 acts in 2007.
    The Government promoted interfaith understanding to combat racism 
and anti-Semitism through public awareness campaigns and by encouraging 
dialogue among local officials, police, and citizen groups.
    Many Muslim students left public school to find respect for their 
religious orientation in Catholic schools.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.
    The law requires persons engaged in itinerant activities and who 
have a fixed domicile to sign a declaration, which must be renewed 
periodically. Itinerant persons having no domicile or fixed abode must 
possess travel documents, often requiring renewal every three months, 
and must choose a commune for administrative purposes. Members of the 
Romani community, who made up the majority of those requiring travel 
documents, protested the requirement and indicated that they often 
experienced discriminatory treatment from officials when renewing the 
documents.
    On March 12, the Council of State annulled a Ministry of Interior 
initiative to create a personal information computer database to 
support government efforts to combat illegal immigration. The database 
would have aggregated a variety of personal information including 
nationality, surnames, spoken languages, professional situation, 
immigrant status, and individual photographs. Human rights and privacy 
protection groups lauded the decision.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of persons to countries where their lives or 
freedom would be threatened. In asylum applications, persecution by 
nonstate agents is taken into account if the state concerned is 
incapable of offering protection to the person in danger.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol but may be exposed to certain serious risks if they return to 
their country of origin. Individuals may renew their status for a 
period of one year. In 2007 the Government provided temporary 
protection to approximately 706 persons. NGO Forum Refugiesestimated 
that offers of temporary protections provided by the Government during 
the year would be equal or slightly higher than the amount provided in 
2007.
    Although asylum application forms submitted to the Office for the 
Protection of Refugees and Stateless Refugees (OFPRA) must be completed 
in French, directions for the application process are available in 
Russian, Serbo-Croatian, Turkish, Tamil, and Arabic.
    In response to media and NGO pressure, the Government canceled the 
November deportation of over 40 illegal Afghan migrants due to concerns 
that they would not be safe in Afghanistan. At year's end the ECHR was 
examining the Afghan migrant's request. Authorities were also working 
with the UNHCR on a solution.
    In 2007 the Council of State, at the urging of several immigrant 
rights groups, suspended the right of authorities to expedite the 
expulsion of some illegal migrants. The ruling obligates state 
authorities to treat all undocumented residents taken into custody 
according to newly adopted deportation procedures that include the 
right to reside in the country for an additional month before 
expulsion.
    A 2006 Amnesty International report criticized legal and 
administrative regulations that restrict the right to seek asylum and 
the right to have an asylum claim considered on its merits. Regulations 
of concern included a shortened period of time to complete and submit 
temporary residence applications (21 days, formerly one month); less 
thorough or ``fast track'' consideration of asylum applications for 
persons from an expanded list of ``safe'' countries of origin or 
transit; and cessation of free interpretation services to asylum 
applicants in detention centers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law give citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic democratic elections held on the basis of universal 
suffrage.
    Individuals without a fixed domicile, who must carry travel 
documents, were permitted to vote in municipal elections only after a 
three-year period of ``attachment'' to a municipality. Romani groups 
asserted that this requirement, based on special legislation applied 
only to itinerant groups, was discriminatory since other citizens, 
including the homeless, were able to vote after an attachment period of 
only six months.

    Elections and Political Participation.--The 2007 national 
legislative and presidential elections met international democratic 
standards. An Organization for Security and Cooperation in Europe 
(OSCE) assessment reported that the ``presidential election reflected 
the long tradition of conducting democratic elections.'' Political 
parties could operate without restriction or outside interference.
    There are 13 administrative divisions of the country overseas. Four 
departments-regions, French Guyana, Guadeloupe, Martinique, and 
Reunion, have the same status as departments-regions of the mainland 
and are members of the European Union. There are also six overseas 
collectivities, French Polynesia, Mayotte, Saint Bartholomew, Saint 
Martin, Saint Pierre and Miquelon, and Wallis and Futuna. New 
Caledonia, French South Pole and the Antarctica Territories, and the 
Clipperton Atoll have a special status. The citizens of Mayotte and the 
territories of French Polynesia, Wallis and Futuna, New Caledonia, 
Saint Bartholomew, and Saint Martin determine their legal and political 
relationships with the rest of the country by means of referenda and, 
along with the overseas departments-regions, elected deputies and 
senators to the parliament.
    There were 182 women in the two chambers of the 920-seat parliament 
and 107 female deputies and 75 female senators were elected following 
the September 21 senatorial elections. As of March 18, there are seven 
female ministers in the 16-member ministerial cabinet and women led 
three prominent ministries. Women made up 47 percent of regional 
council members, 13 percent of the departmental council members, and 35 
percent of municipal council members. They held one presidency of the 
22 regional councils, four presidencies of the 96 mainland departmental 
councils and 8 percent of mayoral positions. Political parties are 
required to present voters lists containing equal numbers of male and 
female candidates or be fined.
    The law prohibits the Government from collecting information on the 
racial or ethnic background of its citizens; therefore, no statistics 
on minority participation in the Government were available. However, 
minorities appeared to be significantly underrepresented in the 
Government. With the exception of parliamentary representatives from 
some of the country's overseas territories, the populations of which 
were predominantly of African origin, as of June 2007, there was one 
French African member of the National Assembly.
    On February 29, the president of the Representative Council of 
Black Citizen's Groups (CRAN), Patrick Lozes, criticized the 
underrepresentation of the country's visible minorities at all elected 
levels of government as well as the small number of minority 
candidates-estimated at a fraction of 1 percent-in the March municipal 
elections in a media interview. Lozes noted that visible minority 
candidates who do make it onto electoral lists are frequently forced to 
run in races for districts where they have no chance of winning and 
that, although the population is 10 percent African or Asian origin, 
the country has no minority mayors, no African-origin municipal 
councilors in the principal cities, and almost no immigrant-origin 
delegates in the National Assembly. Lozes blamed the country's 
electoral homogeneity on the main political parties, which he asserted 
``transfer their presumptions that minority and immigrant candidates 
are nonviable to the voters.''

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively.
    Charges for corruption remained pending in the criminal court 
system against former president Jacques Chirac. He was questioned by 
judges on April 30 and on three occasions in 2007.
    In 2007 Jean Paul Huchon, president of the Paris Area Regional 
Council and a prominent member of the Socialist Party, was given a 
suspended 10 month prison sentence and fined 75,000 euros 
(approximately $105,000) for corruption. Huchon's wife was employed by 
companies contracted with regional authorities in 2002 and 2003. Huchon 
appealed the decision. On November 21, the Paris Court of Appeals 
confirmed the prison sentence and the fine but annulled the 
ineligibility sentence, allowing him to run in future elections.
    Parliamentarians, representatives to the European Parliament, 
ministers, regional and departmental council heads, the mayors of 
larger communities and the directors of state-owned companies (post, 
railway, telephone) are required to make personal asset declarations at 
the beginning and the end of their terms to the Commission for the 
Financing Transparency of Political Life. The commission issued 
periodic reports on officials' financial holdings on a discretionary 
basis, but at least every three years. The president is required to 
make the same personal finance declarations to the Constitutional 
Council.
    The law provides for public access to government information, and 
the Government provided access in practice for citizens and 
noncitizens, including foreign media.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights 
organizations generally operated without government restrictions, 
investigating and publishing their findings on human rights cases. 
Government officials were cooperative and responsive to their views.
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 
prohibitions. However, violence against women and children, child 
marriage, trafficking in persons, discrimination, and acts of ethnic 
hostility were problems.
    On March 21, Interior Minister Alliot-Marie dismissed Bruno Guigue, 
the deputy prefect of the sub-prefecture of Saintes in the Southwest 
department of Charente-Maritime and author of several books on the 
Israeli-Palestinian conflict, for an anti-Israel article published in 
one of the country's most popular Islamic Francophone Web sites, 
oumma.com. Guigue's column compared the Israeli state with the Third 
Reich and included assertions that Israel is the only country that 
allows ``snipers to shoot down little girls outside their school 
gates'' and that ``in Israeli jails, thanks to religious law, they stop 
torturing on the Sabbath.'' Alliot-Marie based her action on Guigue's 
failure to maintain official neutrality in pronouncing on public 
matters.
    On August 13, police detained the store owner and sales clerk of a 
woman's clothing store, Belle Star, in Paris for selling T-shirts with 
the inscription ``park entry forbidden to Jews,'' referring to signs 
erected in the Nazi-occupied Warsaw ghetto of Lodz in 1940. The Chinese 
store proprietor claimed not to have understood the inscription, which 
was printed in German and Polish. The 43-year-old store owner and her 
21-year-old employee daughter faced up to one year in prison if found 
guilty of inciting racial hatred for promulgating anti-Semitism, but 
had not been charged or tried for the incident at year's end. The two 
were placed under a legal distinction called ``witness-assisted,'' 
which requires that they cooperate with investigators to help track 
down the suppliers and manufacturers of the T-shirts.
    On September 4, approximately 40 swastikas and 50 racial slogans 
such as ``death to Arabs'' and ``white power'' were spray-painted 
inside the entrance of Rene Cassin d'Agde high school outside of 
Montpellier. Minister of Education Xavier Darcos criticized the 
incident, saying the fight against ``stupidity, ignorance, and 
provocation is never finished.'' He reiterated the Government's 
commitment to combat extremism and racism in the country.

    Women.--Rape, including spousal rape, is illegal, and the 
Government generally enforced the law effectively. The Ministry of 
Interior reported that the number of reported rapes decreased by almost 
3.56 percent from 2006-07 (from 10,506 to 10,132 cases).
    The penalty for rape is 15 years' imprisonment, 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 and NGOs provided shelters, counseling, and hot lines for 
rape victims. The press and NGOs reported that, in some suburbs of 
Paris inhabited primarily by immigrants from North Africa, some men 
sought to intimidate women whom they perceived as violating social 
norms, using methods ranging from verbal abuse to physical assault and 
gang rape.
    While not common, violence against women was a problem. The law 
prohibits violence against women, including spousal abuse, and the 
Government generally enforced it. There was a 21 percent increase from 
2006 to 2007 in the number of women killed by their spouses in domestic 
violence disputes (from 137 to 166).
    Domestic violence is prohibited. The penalties for domestic 
violence vary according to the type of crime and range from three 
years' imprisonment and a fine of 45,000 euros (approximately $63,000) 
to 20 years' imprisonment. The Government sponsored and funded 
programs, including shelters, counseling, and hot lines, for women who 
were victims of violence. Numerous NGOs also assisted abused women.
    On July 30, a Marseille criminal court sentenced an Algerian 
national to two years' imprisonment for assaulting his French wife 
because she partly removed her Islamic veil due to the heat. The 
convicted man was required to serve six months of the sentence, with 
the possibility of the final 18 months being commuted.
    The law treats female genital mutilation (FGM) under the criminal 
offense of ``violence involving mutilation or permanent infirmity.'' It 
is punishable by up to 10 years in prison and a fine of 150,000 euros 
(approximately $210,050). The sentence increases to 15 years if the 
crime involves children who are 15 or younger.
    In 2007 the National Institute for Demographic Studies announced 
that an estimated 53,000 adult women in the country had been subjected 
to FGM in their lives. The majority of victims were recent sub-Saharan 
African immigrants or their children. The authors asserted that female 
circumcision has become less widespread due to targeted prevention 
campaigns focusing on young girls. The study concluded that FGM was 
rarely practiced but prevention efforts needed to be expanded to cover 
children residing in the country that remain at risk, either during 
family visits to their country of origin or following deportation.
    Prostitution is legal; however, the law prohibits procuring, 
aiding, assisting, maintaining, public solicitation, or profiting from 
the prostitution of another. Enforcement of these laws varied, and 
criminal activity related to prostitution remained a problem.
    Sex tourism to other countries was a problem that the Government 
took steps to address. The Government continued an awareness campaign 
regarding female prostitutes who may be victims of trafficking. The 
Government also funded campaigns on child prostitution on all major 
television channels. The Ministry of Tourism mandated that all tourism 
students complete courses designed to develop awareness of the problem 
of sex tourism. The Ministry of Foreign Affairs researched indicators 
of child sex tourism abroad in order to warn tourists of child sex 
tourism sites and monitored sex tourism data. The law includes 
extraterritorial provisions that apply domestic law to sexual offenses 
committed abroad by citizens or residents.
    The law prohibits gender based job discrimination and harassment of 
subordinates by superiors, but it does not apply to relationships 
between peers. Sexual harassment was not widely considered a problem in 
the workplace. Both the Government and NGOs widely publicized the laws, 
and the Government enforced them effectively. According to the Ministry 
of Interior, the number of reported sexual harassment cases dropped by 
11.8 percent from 2006 to 2007; the statistics did not specify the 
gender of the victims.
    Under the constitution and law, women have the same rights as men, 
including rights under family law, property law, and in the judicial 
system. The Secretary of State for solidarity is responsible for the 
legal rights of women. According to article one of the constitution, 
revised on July 23, the law provides for equal access to professional 
and social positions. The law requires that women receive equal pay for 
equal work; however, reports by various governmental organizations and 
NGOs indicated that there was a gender pay discrepancy of around 25 
percent. Women also continued to face difficulties attaining positions 
of responsibility. According to a 2007 survey by the Government's 
statistical agency, fewer than 20 percent of private sector executives 
were women. Although they comprise 58.5 percent of the public 
workforce, women were underrepresented in managerial jobs and positions 
of responsibility. Although women comprised approximately 50 percent of 
cabinet ministers in the Government, women were generally 
underrepresented in the legislature and in other levels of government 
leadership. As of mid-year, the unemployment rate was 8.2 percent for 
women as opposed to 7.1 percent for men.
    The bureau within the prime minister's office that assesses 
governmental efforts to increase gender equality, the Gender Parity 
Observatory (l'Observatoire de la Parite), issued a press release 
sharply critiquing the March municipal election results. The 
observatory found that, in towns with populations over 3,500, 91.5 
percent of mayors were male, indicating that mainline political parties 
``continue their subpar performance in promoting gender parity.''

    Children.--The Government was strongly committed to children's 
rights and welfare. The Secretary of State for family affairs oversees 
implementation of the Government's programs for children.
    Although not common, child abuse occurred. There are strict laws 
against child abuse by parents or guardians, and the Government 
generally enforced the law effectively and prosecuted abusers. The law 
provides for a government children's advocate, a position charged with 
defending and promoting children's rights as defined by law.
    The Government provided counseling, financial aid, foster homes, 
and orphanages for abuse victims, depending on the extent of the 
problem. Various NGOs also helped minors seek justice in cases of 
mistreatment by parents.
    Child marriage was a problem, particularly in communities of 
African or Asian origin. Although such marriage ceremonies took place 
primarily outside of the country, authorities took steps to address the 
problem. Women and girls could seek refuge at shelters if their parents 
or guardians threatened them with a forced marriage, and parents may be 
prosecuted. The Government offered some educational programs to inform 
young women of their rights. The High Council for Integration stated it 
was important to distinguish between arranged and forced marriages. The 
minimum legal age of marriage was 18.

    Trafficking in Persons.--The constitution and law prohibit all 
forms of trafficking of persons; however, trafficking in women and 
children for commercial sexual exploitation, forced labor, and petty 
crime was a problem.
    The country was a destination for persons, primarily women, 
trafficked from Africa (notably Cameroon and Nigeria), Central and 
Eastern Europe (notably Bulgaria and Romania), and the former Soviet 
Union for prostitution and domestic servitude. A majority of the 
estimated 18,000 women in country's commercial sex trade were likely 
victims of trafficking. Some women who migrated to the country 
voluntarily for work were deceived or coerced into sexual servitude or 
debt bondage. The Committee Against Modern Slavery (CCEM) estimated 
that one-fifth of involuntary domestic servitude cases in the country 
involved abusive employers who were diplomats with diplomatic immunity. 
As of year's end there were 164 cases of involuntary domestic servitude 
reported for the year.
    In July prosecutors secured the extradition of four Bulgarians 
implicated in smuggling 72 women into a prostitution ring in the 
country.
    Traffickers operated principally in small criminal networks, 
characterized as ``microtrafficking networks,'' that included both 
citizens and foreigners. They used various methods to recruit and 
retain victims including force, fraud, identification document 
confiscation, cultural isolation, and physical and psychological abuse. 
Some victims who came to the country willing to work as prostitutes 
were subsequently exploited by pimps and traffickers. In other cases 
traffickers kidnapped or ``bought'' women and girls elsewhere and sold 
them to Balkan-based prostitution networks that trafficked them into 
the country.
    Apart from social assistance, trafficking victims may be given a 
provisional residence permit on condition that they cooperate with 
police in securing the arrest of the person controlling them. 
Immigration laws allow trafficking victims involved in prostitution 
that turn in their pimps or trafficking rings to benefit from a one-
year temporary residence card with permission to work and a 10-year 
residency card once the case went to trial. The laws were applied 
inconsistently due to public officials' lack of familiarity with them, 
and they did not adequately address the difficulty of finding 
employment.
    Since January authorities initiated more than 2,000 court cases for 
soliciting and dismantled more than 25 pimping networks. There were 
1,218 victims identified during the year, compared to 1,219 in 2006.
    Trafficking in persons is punishable by up to seven years' 
imprisonment and a fine of up to 150,000 euros (approximately 
$210,000). The penalty rises to 10 years imprisonment and 1.5 million 
euro ($2.1 million) fine if the victim is a minor, a pregnant woman, or 
another ``vulnerable person.'' However, under the trafficking-related 
sentencing guidelines, sentences for some types of convictions, such as 
those involving rape, were light. Exploiting foreign laborers and 
exposing them to inhumane conditions are criminal offenses under other 
statutes and are punishable by up to three years' imprisonment or 
substantial fines. Prosecutors rarely used the antitrafficking law; 
they preferred to prosecute sex trafficking cases under accustomed to 
antipimping statutes.
    Several law enforcement agencies were involved in combating 
trafficking. The Government cooperated bilaterally and with 
international institutions such as the European Police Agency (Europol) 
to investigate, track, and dismantle trafficking networks. Authorities 
worked with officials in other countries, particularly source 
countries, to counter trafficking.
    On May 29-30, the Government sponsored a nationwide conference in 
Paris that brought together enforcement officials, magistrates, and 
NGOs to discuss improving communication and cooperation in protecting 
victims and preventing trafficking, the role of the Internet in 
trafficking, and the exodus of prostitution from major metropolitan 
areas into suburbs and rural areas.
    The Government continued to screen and refer victims to counseling 
centers and safe houses for comprehensive services. 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. Social Aid to Children, the 
national social services branch for child care, was responsible for 
caring for and assisting victims under the age of 22.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical or mental disabilities in employment, 
education, access to health care, and in the provision of other state 
services; the Government generally enforced these provisions 
effectively.
    In 2007, 20 percent of persons with disabilities were unemployed, 
more than twice the national unemployment rate. The law requires 
companies having more than 20 employees to ensure that 6 percent of 
their employees are persons with disabilities. Companies found not to 
be in compliance are liable to fines, which benefit an association that 
assists persons with disabilities in finding work. However, many 
companies admitted to being unaware of their legal obligations, and the 
average employment rate of persons with disabilities for those 
companies subject to the law was approximately 4.5 percent.
    The law provides for compensation to persons for the consequences 
of a disability and promotes their integration into social life by 
requiring accessibility to buildings and access to education and 
employment. The law also calls for centers to be set up in each 
department to assist persons with disabilities with receiving 
compensation and employment assistance. By October all of the 
departments had established assistance centers as required by law. 
Although a majority of the 180 orders implementing the provisions of 
the 2005 law have been passed, some 20 remained pending at year's end.

    National/Racial/Ethnic Minorities.--The treatment of the country's 
large immigrant population remained a problem. The Government condemned 
and addressed incidents of violence against immigrants which continued 
to be a problem, particularly on the island of Corsica. The attacks 
caused some families to move to the mainland or return to their 
countries of origin. One hundred and eighty attacks took place overall 
in Corsica during 2007, a 23 percent decrease from the 235 attacks that 
took place in 2006. While ethnic tensions have been a problem in 
Corsica in recent years, there have been signs of improvement. In its 
March report, the National Consultative Commission on Human Rights 
(CNCDH), the Government's official advisory board on human rights 
issues, listed a total of 13 such incidents in Corsica, as well as one 
anti-Semitic attack in 2007.
    Many observers expressed concern that discriminatory hiring 
practices in both the public and private sectors prevented minorities 
from sub-Saharan Africa, the Maghreb, the Middle East, and Asia from 
equal access to the workplace; a number of NGOs worked to sensitize the 
public to this problem.
    According to an October 2007 survey by the National Institute for 
Statistics and Economic Studies (INSEE), the unemployment rate among 
immigrants was twice as high as among non-immigrants (15.2 percent 
versus 7.3 percent). The unemployment rate varied depending on the 
country of origin. Immigrants from Algeria or Turkey faced a risk of 
unemployment three times higher than non-immigrants, while immigrants 
from Spain, Italy or Portugal had a 1 percent lower unemployment rate 
than the non-immigrant active population. INSEE attributes those 
variations to the differences in professional qualification.
    Romani organizations charged that Roma faced discrimination in 
education, housing, and access to government services. Housing problems 
were particularly acute for an itinerant group known as ``Travelers.''
    An October 2007 report of the National Institute of Educational 
Research noted that Roma benefit from a special status that authorizes 
children discontinuous school attendance without justification. School 
registration rates were 66.7 percent in kindergarten, 81.8 percent in 
primary schools, and 78.8 percent in high schools, but absenteeism and 
breaks within education system are frequent. Discrimination against 
Roma was persistent, however, especially for itinerants; some mayors 
denied school registration to children whose parents lived in illegal 
campsites.
    Travelers were subject to laws that did not apply to citizens with 
permanent residences. Anyone over the age of 16 not settled in one 
place must have a travel permit that must be renewed periodically. Any 
delay in renewal entails a fine of 750 euros (approximately $1,050) for 
each day overdue. Anyone found not to be in possession of this document 
is subject to a sentence of up to one year in prison. Authorities did 
not consider Travelers' caravans to be housing. As a result, Travelers 
were not entitled to housing assistance.
    The law requires municipalities of more than 5,000 inhabitants to 
provide a camping site with facilities and access to water and 
electricity. As of 2007, municipal authorities had established 16,000 
campsites, resulting in a shortage of over 20,000 sites, according to 
authorities, and 60,000 sites, according to NGOs.
    On July 15, Provence Mayor Maryse Joissains demanded the expulsion 
of a Romani camp that had been located on municipal property for three 
years. The Roma, who originated in Serbia, were placed in a camp 
outside town near the Provence train station and were able to send 
their children to local schools, in part due to efforts of the NGOs 
Human Rights League and Doctors of the World. It was reported that 
several families were living in deplorable conditions and lacked access 
to potable water, electricity, and basic sanitation. According to 
Police Chief Jules Susini, the Roma had been using city water and 
electricity without paying for the services. The case had not gone to 
court as of year's end.
    Citizens may report cases of discrimination based on age, gender, 
national origin, ethnicity, family situation, sexual orientation, 
physical disability, state of health, religious conviction, or group 
affiliation to the independent High Authority for the Fight against 
Discrimination and for Equality (HALDE). At year's end the HALDE had 
received 6,511 discrimination claims, half of which regarded 
employment.
    In March Christophe Hejne, a fan who yelled racial slurs at the 
Franco-Moroccan captain of a Valenciennes soccer team during a match, 
was given a three-month suspended prison sentence and fined 1,500 euros 
(approximately $2,100) by a Metz court and prohibited from attending 
events at the Metz soccer stadium for three years. Judicial authorities 
also ordered Hejne to pay fines of up to 800 euros ($1,040) to the 
suit's six civil parties.
    The Government attempted to combat racism and discrimination 
through programs that promoted public awareness and brought together 
local officials, police, and citizen's groups. Some public school 
systems also operated antidiscrimination educational programs.
    On February 8, President Sarkozy announced a government plan to 
improve living conditions and opportunities for the citizens, 
particularly youth, of the country's multiracial suburbs. The plan, 
``Hope for Suburbs,'' combined security, employment, housing, and 
education measures into a package of initiatives to transform poor 
neighborhoods. The Government allocated 12 billion euros (approximately 
$16.8 billion dollars) during the year to fund the plan, which began in 
June. On December 17, President Sarkozy expressed regret over the slow 
implementation of the plan. During a December 20 radio interview, 
Minister for Cities Fadela Amara said that only 1,800 of an expected 
4,500 employment contracts had been signed enduring the year.
    Only 15 of 350 Delegates of the Prefects for Equal Opportunity had 
been named by year's end. The prefects for equal opportunity 
participate in the enactment of policies regarding the integration of 
immigrant populations living in the country.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination on the basis of sexual orientation in employment or 
service, public or private. There were isolated incidents of violence 
against homosexuals, authorities pursued and punished offenders. The 
NGO SOS Homophobia reported 1,263 homophobic acts in 2007, a 5 percent 
decrease from 2006. Physical assaults decreased by 14 percent in 2007 
to 132 incidents.
    An inquiry conducted by AIDS Info Service in 2005 showed that 57.3 
percent of HIV positive respondents had experienced discrimination. 
These cases represent 13.9 percent of the discrimination caseload 
addressed by the HALDE in 2005.
    There were reportedly instances of discrimination based on age.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join unions of their choice without previous authorization or 
excessive requirements, and workers exercised these rights in practice. 
Approximately 8 percent of the work force was unionized. The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Workers, including civil 
servants, have the right to strike except when a strike threatens 
public safety. Workers exercised this right by conducting legal 
strikes.

    b. The Right to Organize and Bargain Collectively.--The law 
provided for the right to collective bargaining, and workers exercised 
this right freely. Approximately 90 percent of workers in the formal 
economy operated under such agreements. There were no reports of 
antiunion discrimination during the year.
    There are no special laws or exceptions from regular labor laws in 
the country's 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. Women and children were 
trafficked for commercial sexual exploitation, domestic labor, and 
petty crime.
    Although there were press reports that undetermined numbers of 
undocumented immigrants experienced substandard pay and working 
conditions, sweatshop conditions were rare due to effective labor law 
enforcement. In practice abuses were limited to the informal economy. 
Friedrich Schneider, a researcher from the University of Linz-Austria, 
concluded that the informal economy accounted for 11.8 percent of the 
country's gross domestic product for the year 2007.
    Forced or compulsory child labor occurred. There are strict laws 
against trafficking in persons for domestic labor, and the Committee 
against Modern Slavery brought such cases to authorities for 
prosecution.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits most forms of child employment, and the Government 
generally implemented laws and policies to protect children in the 
workplace effectively. Persons under age 16 are prohibited from 
working, with a few exceptions for those enrolled in certain 
apprenticeship programs or working in the entertainment industry. 
Persons under age 18 are generally prohibited from performing work 
considered arduous or working between 10:00 p.m. and 6:00 a.m.; persons 
under age 16 may not work after 8:00 p.m.
    During 2006, the most recent year of reported statistics, police 
reported 14 cases of minors illegally employed.
    Labor inspectors enforced the child labor laws.

    e. Acceptable Conditions of Work.--The minimum wage was 8.71 euros 
(approximately $12.19) per hour, as adjusted on July 1. It provided a 
decent standard of living for a worker and family. The minimum wage was 
uniform throughout the country, despite wide regional variations in the 
cost of living, and applied to citizen and noncitizen workers holding a 
regular working contract. The Employment Ministry enforced the minimum 
wage. Certain categories of employment, including subsidized employment 
and internships, must conform to separate, clearly defined standards 
and provided salaries below the minimum wage. Employers generally 
adhered to the minimum wage requirement, with the exception of those in 
the informal economy.
    The official workweek was 35 hours. Companies are allowed to 
negotiate opt-outs with employees and increase the maximum number of 
working days for white-collar workers to 235 per year from 218 
previously. Maximum hours of work were fixed at 10 hours per day, 48 
hours per week, and an average of 44 hours per week over a 12-week work 
period. Employees were entitled to a daily rest of at least 11 hours 
and a weekly break of 24 hours, not including the daily rest period. 
Employers were required to give workers a 20-minute break during a six-
hour workday. Premium pay was mandatory for overtime. These standards 
were effectively enforced.
    The law sets basic occupational health and safety standards. The 
Ministry of Social Affairs, Labor, and Solidarity is responsible for 
enforcing the law and did so effectively. Workers have the right to 
remove themselves from situations that endanger their health or safety 
without jeopardy to their employment, and the Government effectively 
enforced this right.

                               __________

                                GEORGIA

    The constitution of the Georgian republic provides for an executive 
branch that reports to the president, a unicameral Parliament, and an 
independent judiciary. The country has a population of approximately 
4.6 million. President Mikheil Saakashvili was reelected on January 5 
in an election that international observers found consistent with most 
Organization of Security and Cooperation in Europe (OSCE) democratic 
election commitments; however, they also highlighted significant 
problems, including widespread allegations of intimidation and 
pressure, flawed vote counting and tabulation processes, and 
shortcomings in the complaints and appeals process. These and other 
problems continued into the parliamentary elections on May 21, which 
international observers concluded were uneven and incomplete in their 
adherence to international standards. Civilian authorities generally 
maintained effective control of the security forces.
    The main human rights abuses reported during the year included at 
least two suspected deaths due to excessive use of force by law 
enforcement officers, intimidation of suspects, abuse of prisoners, 
poor conditions in prisons and pretrial detention facilities, police 
impunity, lack of access for average citizens to defense attorneys, 
reports of politically motivated detentions, lack of due process in 
some cases, and reports of government pressure on the judiciary. 
Respect for freedom of speech and the press lessened, but began to 
rebound by year's end. Other problems included reports of corruption 
among senior officials and trafficking in persons.
    Repeated violations of a ceasefire by all sides in the separatist 
region of South Ossetia, including assassinations, bombings, and then 
exchanges of shelling, escalated tensions. On August 7, senior Georgian 
government officials reported that Tbilisi was launching an attack to 
defend against what it reported was a Russian invasion. Georgia 
launched a military operation into Tskhinvali, the local capital of 
Georgia's South Ossetian region, and other areas of the separatist 
region. The situation deteriorated further after Russia launched a 
military invasion using disproportionate force across the country's 
internationally recognized borders, responding to what Russian 
officials reported was Georgia's use of heavy force in Tskhinvali and 
the killings of Russian peacekeepers. Military operations by Georgian 
and Russian forces reportedly involved the use of indiscriminate force 
and resulted in civilian casualties, including of a number of 
journalists. There were allegations that South Ossetian militias 
engaged in executions, torture, ethnic attacks, and arson; at least 
150,000 Georgian citizens were displaced by the fighting. Russian and 
South Ossetian forces occupied villages outside of the administrative 
borders of South Ossetia and Abkhazia, the other separatist region in 
Georgia. Although by October 10 Russian forces had mostly withdrawn 
from the regions outside Abkhazia and South Ossetia, they blocked 
access to both regions for Georgians and international organizations, 
making it dangerous for residents and difficult to monitor the regions' 
conditions with respect to human rights and compliance with 
humanitarian law. Under the ceasefire, international observers were to 
monitor Abkhazia, South Ossetia, and the remaining territory in 
Georgia. European Union observers began patrols October 1, but had not 
yet been permitted into South Ossetia or Abkhazia at year's end. OSCE 
monitors also were denied access to South Ossetia. UN Observation 
Mission in Georgia (UNOMIG) monitors continued to access Abkhazia, 
although Abkhaz and Russian forces limited their access to the ethnic 
Georgian areas of Kodori.
    The number of dead, wounded, and missing remained uncertain. At 
year's end, Ministry of Defense and Ministry of Internal Affairs Web 
sites listed at least 385 soldiers, police, and civilians killed and 
2,134 wounded as a result of the August conflict. More than nine 
military members and six Ministry of Internal Affairs personnel 
remained missing. Since the ceasefire until year's end, at least 10 
Ministry of Internal Affairs members were killed by explosions or in 
shooting incidents while patrolling areas adjacent to the conflict 
areas.
    Significant human rights achievements during the year included 
closure of Tbilisi Prison Number 5, known for its substandard 
conditions, and changes to the law to permit government funding for 
opposition parties which passed the threshold percentage of 5 percent. 
By the end of the year, television stations had resumed broadcasting 
major analytical political talk shows, with opposition and government 
figures appearing on the same shows and on all channels.
    Prior to the August conflict, de facto authorities in the 
separatist regions of Abkhazia and South Ossetia remained outside the 
control of the central government. Ceasefires were in effect in both 
Abkhazia and South Ossetia, although incidents of violence, including 
deaths, occurred in both areas. Deprivation of life, arbitrary arrest, 
and detention continued to be serious problems. On August 26, Russia 
officially recognized the independence of both territories, resulting 
in Georgia cutting diplomatic ties with Russia; as of December 31, no 
other country except Nicaragua had recognized the independence of the 
territories. Except where otherwise noted, figures and other data do 
not include the separatist regions of South Ossetia and Abkhazia.
    The de facto authorities in Abkhazia continued to restrict the 
rights of citizens to vote and to participate in the political process 
through a ``citizenship'' law that forced ethnic Georgians to give up 
their Georgian citizenship in order to vote in local elections. A 2006 
property law prevented internally displaced persons (IDPs) living in 
other parts of the country from reclaiming homes in Abkhazia. 
Authorities limited instruction in the Georgian language in the 
predominantly ethnic Georgian Gali district schools in Abkhazia.
    After August 26, South Ossetian de facto authorities announced that 
Georgians would be allowed to return to South Ossetia only if they 
renounced their Georgian citizenship and took the ``citizenship'' of 
the ``Republic of South Ossetia''; in practical terms, this meant 
accepting a Russian passport.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
there were reports that government use of indiscriminate military force 
resulted in civilian deaths in the conflict in South Ossetia (See 
Section 1.g.).
    On May 8, patrol police officers Vakhtang Abuashvili and Levan 
Jinikashvili were pursuing a vehicle that was speeding in Tbilisi. At 
one point, the driver of the car, Giorgi Gamtsemlidze, stopped the car, 
got out, and began to run. Abuashvili exited his squad car and began 
pursuit on foot. Abuashvili thought at the time that Gamtsemlidze was 
armed and pulled his weapon and fired, hitting Gamtsemlidze in the 
neck; Gamtsemlidze died from the shot. Later it was determined that 
Gamtsemlidze was unarmed. Those at the scene stated that Abuashvili did 
not give a proper verbal warning prior to firing his weapon. The 
investigation continued at year's end.
    On August 14, a representative from Khelvachauri military base 
called Roin Shavadze, a member of the armed forces, and told him to 
report to work. The public defender's reports noted that Shavadze did 
not report due to illness. On August 16, several men came to the 
Shavadze home and took him away, but later he returned. On August 17, 
Shavadze left for work. Later that day his wife received a call saying 
that Shavadze had never arrived at work and was seen being forced into 
a car near the market, and she contacted local police. In the evening, 
she received a call to come to the emergency room, where she found her 
husband dead. Shavadze's body had numerous injuries and bullet wounds. 
According to Kobuleti district police inspector Mamuka Tkhiliashvili, 
Shavadze was found dead on the Kobuleti-Kakuti highway. Adjara 
prosecutor Vasil Roinishvili told Shavadze's widow that he was shot and 
killed by police while he was fleeing from the scene of a drug-related 
crime. When Shavadze's widow stated she would press for more details 
about her husband's case, the prosecutor reportedly threatened her. At 
year's end there was no information from the prosecutor's office on the 
status of the case.
    In 2006, the Prosecutor General's Office opened an investigation to 
determine whether law enforcement agents acted in accordance with the 
law during the prison riot in Tbilisi Prison Number 5 that year. During 
the riot, seven prisoners were killed and 22 injured; two Special 
Operation Task Force officers were wounded. The office did not complete 
the investigation during the year nor offer an explanation for the 
delay.
    In 2006, the Prosecutor General's Office investigated five of 12 
deaths cited by nongovernmental organizations (NGOs) as evidence of 
excessive force used by police that year. In two of the cases, 
involving Aleksandre Khubulovi and Zurab Vazagashvili, the office 
concluded that the actions of the police officers were lawful. The 
investigations of the remaining three cases were terminated in February 
2007, when the Ministry of Internal Affairs concluded that police had 
only returned fire and therefore had acted within the limits of their 
authority. Lawyers for Zurab Vazagashvili's family alleged that 
investigators ignored witness statements, pressed witnesses not to 
testify, and destroyed evidence. NGOs, on behalf of Vazagashvili, 
appealed the decision to terminate the investigation. On July 4, the 
court of appeal upheld the lower court judgment that the appellants 
(the NGOs that had filed on his behalf) were not parties to the case 
and therefore did not have the right to appeal.
    In February 2007, authorities submitted a criminal case to the 
Kutaisi City Court regarding the 2006 death of Varlam Pkhakadze, who 
was allegedly shot and beaten by police investigating a break-in. The 
court found officer Ivane Kapatadze guilty of murder and official 
negligence and sentenced him to five years in prison. The court 
convicted three other officers who had been at the scene. Davit 
Minashvili was charged with official negligence, sentenced to three 
years in prison, and fined 2,000 lari (approximately $1,210). The other 
officers involved, Avalo Gabrichidze and Kakha Bunia, were sentenced to 
two years in prison and fined the same amount. After the Kutaisi Court 
of Appeal upheld the decision, the counsel for Minashvili and the 
victim appealed the decision to the Supreme Court, which had not 
reached a final judgment at year's end.
    In 2006, the prosecutor appealed the 2004 Tbilisi City Court 
conviction of Roland Minadze, a police officer who was found guilty of 
falsification and fabrication of evidence in connection with the 
beating of Khvicha Kvirikashvili and sentenced to four years in prison. 
The Tbilisi Appellate Court upheld the judgment. Minadze went into 
hiding but was arrested in January; he subsequently invoked his right 
under the criminal procedure code and appealed the in-absentia 
judgment. The case was pending before the Tbilisi Court of Appeal at 
year's end.
    The criminal case against Akaki Bartaia, Kakhaber Azariashvili, and 
Giorgi Kurdadze for alleged fabrication of evidence in the 2004 death 
of Amiran Robakidze was ongoing at year's end.
    During the year four deaths and two injuries from landmines were 
reported; one of the deaths and two of the injuries were in Abkhazia. 
In some instances media reports attributed deaths to landmines, 
although observers believed they were more likely due to unexploded 
ordnance. Lack of access to South Ossetia made it difficult to confirm 
press reports of landmine-related deaths and injuries.

    b. Disappearance.--There were no reports of politically motivated 
disappearances perpetrated by the Government. However, conflict-related 
disappearances and kidnappings, particularly in areas where Russia was 
responsible for restoring and maintaining public order as an occupying 
power beginning in August, were frequent during the year in the 
separatist regions of Abkhazia and South Ossetia and increased during 
the August conflict.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that government officials continued to employ them, 
and offenders were prosecuted in these instances. During the year five 
Ministry of Internal Affairs personnel were found guilty of committing 
torture or degrading treatment. There were reports that government use 
of indiscriminate military force resulted in civilian injuries in the 
conflict in South Ossetia (See Section 1.g.).
    On January 30, Zugdidi police officers Data Gvinjilia and Davit 
Nadaraia arrested Gocha Ekhvaia in Nabakevi, Gali Region. Police 
reported making the arrest near the train station for hooliganism, 
while Ekhvaia alleged that police forcibly took him from his home after 
questioning him on the whereabouts of a missing person, beat him, and 
drove him around before testing him for drugs. Ekhvaia was placed in 
isolation for seven days of court-ordered administrative detention; on 
February 3, he lost consciousness and was hospitalized. The Zugdidi 
regional prosecutor's office began an investigation into allegations 
that police tortured Ekhavia on February 18. On May 7, Ekhvaia told the 
Zugdidi court that he would be unable to identify his abusers, and the 
prosecutor's office was unable to identify the officers who committed 
the offense. The investigation continued at year's end.
    On July 20, Rustavi police detained Teimuraz Gorgisheli, who 
alleged he was beaten during his arrest. Gorgisheli, who admitted to 
robbery during interrogation, alleged that police put an electric wire 
around his legs and threatened to shock him. He asserted that 10 
officers witnessed the incident and that he was later transferred to a 
temporary isolation unit. When a doctor and the ombudsman visited him 
on July 24, they noted injuries that had not been recorded when 
Gorgisheli was booked into the police station. On August 8, the Kvemo 
Kartli prosecutor's office opened a preliminary investigation into the 
case. Witnesses who worked in the Ministry of Internal Affairs were 
questioned and the room where the interrogation took place searched. No 
electric wires were found. A medical evaluation of Gorgisheli recorded 
light injuries on his eyes, chest, stomach, and arms. Gorgisheli was 
released on bail; law enforcement authorities were subsequently unable 
to contact him to continue the investigation.
    According to the public defender's office and human rights 
monitors, abuse in police stations remained low due to ongoing 
unannounced and random monitoring of stations. According to the public 
defender's office, instances of abuse at temporary detention facilities 
were practically eliminated by the end of 2007, but some cases of 
physical abuse were reported directly to the police stations. On June 
26, the public defender reported that incidents of torture had become 
rare in the country and there had been efforts to improve laws, discuss 
complaints publicly, and raise awareness. The penalty for torture was 
changed from five to 15 years in prison. Despite the changes, 
intimidation of suspects remained a problem.
    The public defender's office noted 112 detainees who were admitted 
at pretrial detention facilities with injuries during the year, of whom 
eight claimed to have been injured as a result of physical pressure by 
police. Three detainees claimed that they had been pressured by police 
officers.
    During the year the Human Rights Protection Unit of the Ministry of 
Justice took steps to address torture and mistreatment by random 
monitoring of detainees who were in temporary detention cells. The 
office reported that 132 complaints of police mistreatment of detainees 
had been filed during the year. Mistreatment included verbal and 
physical abuse.
    During the year there were 39 investigations opened into claims of 
torture or degrading treatment against Ministry of Internal Affairs 
personnel. Eight cases were carried over from 2007. Of these, 23 
investigations were terminated for lack of cause, two cases went 
forward to criminal proceedings, and five persons were found guilty. Of 
the five found guilty, one was given a conditional sentence of five 
years and fined 10,000 lari (approximately $6,060), one was sentenced 
to 18 years in prison, and three were sentenced to 22 years in prison.
    NGOs reported victims often did not report abuse, fearing police 
retribution against them or their families. NGOs also continued to 
claim that close ties between the Prosecutor General's Office and 
police hindered their ability to substantiate police misconduct and 
alleged that the judiciary's lack of professionalism and independence 
made it unresponsive to torture allegations. As a result, despite 
implementation of positive reforms, NGOs claimed law enforcement 
officials could still resort to torture or mistreatment with limited 
risk of exposure or punishment. NGOs also believed a lack of adequate 
training for law enforcement officers, as well as low public awareness 
of the protections afforded citizens, impeded improvements.
    The public defender's office noted that monitoring groups found no 
instances in which police officers had incorrectly registered a 
detainee upon arrival at the police station, which previously had been 
a means for police officers to conceal abuse. All law enforcement 
officers and representatives of the prosecutor's office, except for 
officers of the special police unit, were required to wear identity 
badges during meetings with detainees and prisoners. Special police 
units were exempt to protect members' anonymity. NGOs believed this 
prevented accountability for any abuse by the units.
    The Prosecutor General's Office continued to investigate former 
Chief of the State Audit Agency Sulkhan Molashvili's allegation that he 
was tortured while in pretrial detention in 2004. Molashvili was 
pardoned and released on January 6.
    In 2007, a presidential decree created an Interagency Anti-torture 
Council to address torture and mistreatment of those in prisons and 
closed facilities. The council consisted of representatives from the 
Public Defender's Office, the Prosecutor General's Office, the 
Ministries of Justice, Internal Affairs, Education, Foreign Affairs, 
Health, and Defense, the penitentiary department, domestic NGOs, and 
three nonvoting international observers. On June 12, a multifaceted 
action plan proposed by the council was approved by presidential 
decree; the plan addressed torture, mistreatment, and medical care. 
Although the plan included multiple ministries responsible for law 
enforcement, detention, prisons, and closed facilities, the plan lacked 
concrete milestones and provisions for outlying years. The office that 
was expected to conduct independent monitoring of all facilities 
constituted an important piece of the plan. This independent monitoring 
mechanism was widely assumed to be the Public Defender's Office, but 
the law had not been amended to reflect this change as of year's end.

    Prison and Detention Center Conditions.--Conditions in many prison 
and pretrial detention facilities generally remained poor and did not 
meet international standards. The public defender's office, the OSCE, 
the Committee for the Prevention of Torture (CPT), and many NGOs, 
including Human Rights Watch (HRW), continued to report inhumane and 
life-threatening conditions, including poor facilities, overcrowding, 
and inadequate health care. Most prison and pretrial detention 
facilities lacked adequate sanitary facilities.
    According to Ministry of Justice data, 94 convicts died in prison 
during the year, compared with 98 in 2007 and 91 in 2006. The public 
defender's office reported that it frequently petitioned prison 
officials to obtain necessary medical treatment for inmates. Attempted 
suicides and self-mutilation occurred in prisons as protests against 
poor prison conditions and human rights violations. Human rights 
monitors, including the public defender, witnessed sporadic prisoner 
hunger strikes to protest poor conditions, visitor limitations, and the 
perceived arbitrary parole policy of the Government.
    In 2006, Shalva Ramishvili of independent TV 202 filed an 
application before the European Court of Human Rights (ECHR) 
challenging the legality of his arrest and treatment in detention. 
During his incarceration, he was moved from his regular cell to a small 
disciplinary solitary confinement cell, which he alleged lacked 
necessary ventilation and sanitary facilities. In July 2007, the ECHR 
found the application partially admissible, and the case was pending at 
year's end. The Ministry of Justice noted that the ECHR did not find 
the act of confinement in itself a violation. At year's end the case 
was still before the ECHR, and no further action had been taken by the 
Ministry of Justice.
    Many prisons severely lacked medical facilities, including 
equipment and medicine. At the end of 2007, prison health care was 
outsourced to a private insurance company. The Medical Monitoring Unit 
of the Ministry of Justice supervised the provision of medical 
services. The Medical Monitoring Unit was made up of 21 persons, 
including the deputy head of the department of prisons, prison 
directors, the chief doctor of the medical attendance institution for 
prisoners, and a group of medical experts from the Department of 
Prisons. While it was hoped that outsourcing would improve prison 
medical conditions, there was no conclusive data to indicate that this 
occurred during the year. NGOs cited the failure of the company to 
provide needed medications to inmates as a serious drawback. The Public 
Defender's annual report noted that the doctor-to-inmate ratio for 
penitentiary institutions was very low, and that the list of medical 
specialties covered under the plan was reduced from 45 to 21. The 
report also described some doctors as unqualified. The Ministry of 
Justice asserted that outsourcing had brought some positive results but 
admitted that some shortcomings had been identified.
    According to Ministry of Justice statistics, the overall inmate 
population at the end of the year was 18,528. The law defines three 
categories of penitentiaries: common regime, strict regime, and prison. 
Inmates were assigned to facilities depending on their crime, with 
first-time offenders and persons convicted of less serious crimes 
assigned to common regime establishments. Recidivists and those who 
committed more grave crimes were assigned to strict regime 
establishments or prisons. The law sets the standard living space per 
prisoner as 22 square feet in common and strict regime establishments; 
27 square feet in prisons; 32 square feet in the women's colony; 27 
square feet for juveniles; and 32 square feet in medical facilities. 
Using these figures as a basis, Ministry of Justice statistics 
indicated that three out of 12 common and strict regime facilities 
(including a juvenile education institution and inmate medical 
institutions), as well as three out of five prisons, were overcrowded. 
International organizations who monitor prison conditions pointed out 
that the country's space requirements for prisoners did not meet 
international standards.
    The Presidential Administration sought to use early release of 
convicts to reduce the high numbers of the prison population. According 
to Ministry of Justice figures, 2,804 prisoners were pardoned during 
the year.
    On April 23, authorities closed Tbilisi Prison Number 5 and 
subsequently demolished it; Prison Number 5 had been criticized for 
poor conditions and abysmal overcrowding.
    Decree Number 390 of the minister of justice, from December 2007, 
established a code of conduct for penitentiary employees modeled after 
European practices. The working control unit of the headquarters of the 
department of prisons was also created in 2007. According to the unit, 
there were 179 cases of disciplinary violations by officers in various 
penitentiaries during the year which resulted in the dismissal of 10 
officers from their posts and 169 receiving lesser punishments. 
Possible punishment included notice, reprimand, and severe reprimand 
and warning.
    During the year the Ministry of Justice and donor organizations 
organized and conducted 12 seminars in which 504 prosecutors and 234 
penitentiary representatives and probation officers participated. These 
training seminars focused on international human rights standards and 
juvenile justice.
    Until October 31, local monitoring councils were appointed to work 
in eight penitentiaries to monitor conditions, develop recommendations, 
and submit quarterly reports. Council members were selected on the 
basis of their desire to work, qualifications, and reputation, and were 
approved by the minister of justice. Critics questioned the objectivity 
of the councils. NGOs also pointed out that over half the councils 
existed only on paper and had stopped functioning because members' 
terms had expired and they had not been replaced. Council members also 
had difficulty getting passes to enter prisons. After their mandate 
expired on November 1, the councils could not continue their work. 
Since a minister for probation, penitentiary, and legal services had 
not been named, the work of the councils lapsed for the rest of the 
year.
    The International Committee of the Red Cross (ICRC) had full access 
to detention facilities throughout the country, including the regions 
under the de facto control of Abkhazian and South Ossetian authorities, 
to monitor conditions of detention and treatment of all detainees. The 
ICRC reopened its office in Tskhinvali on August 20 to provide the 
necessary assistance to the civilian population affected by the August 
war. In addition, the ICRC continued with its support to Georgian 
detention authorities to carry out health needs assessments in places 
of detention and continued its support within the framework of joint 
tuberculosis control in prisons.
    Prison conditions in the two separatist regions were chronically 
substandard, although overcrowding reportedly was not a problem.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention; however, the Government did 
not always observe these prohibitions.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs has primary responsibility for law enforcement. During 
times of internal disorder, the Government may call on the ministry or 
the military. The ministry controls the police, which are divided into 
functional departments and a separate, independently funded police 
protection department that provides security and protection to both 
infrastructure sites and private businesses.
    There was a low incidence of police corruption at the patrol police 
level. As a result of recent reforms, the relatively high salaries for 
police officers provided an incentive for them to refrain from using 
their positions to extort money from citizens and from mistreatment or 
abuse of detainees.
    In October 2007, the UN Human Rights Committee expressed its regret 
about the persistence of reports involving police abuse, in particular 
during the arrest of suspects, and deaths allegedly resulting from the 
use of excessive force by police.
    A number of 2007 allegations from the public defender's office and 
NGOs that police planted evidence, used excessive force, engaged in 
inhumane and degrading treatment, abused official authority, and 
exceeded the limits of official authority were not investigated by 
year's end. During the year, 31 police officers were detained on 
criminal charges of taking bribes, using drugs, committing forgery/
fraud, or abusing their authority. There were 401 police officers who 
received administrative punishment for misconduct, over 300 who were 
dismissed, and five who were demoted.
    In February 2007, officials from the Ministry of Internal Affairs 
arrested Lasha Khorguiani, Gocha Mildiani, and Khvicha Mildiani, 
planted drugs on them, unlawfully detained them, and tortured 
Khorguiani. The arrests were made allegedly at the behest of Irakli 
Kodua, the head of the ministry's Special Operations Department, who 
was angry about an incident involving a cell phone. Gocha and Khvicha 
Mildiani were released later that month. Khorguiani was released after 
two months detention and a 5,000 lari (approximately $3,200) fine. No 
charges were brought against Ministry of Internal Affairs officials, 
and there were no new developments as of year's end.
    Authorities arrested or administratively disciplined police 
officers in a few high-profile cases of physical abuse or deaths in 
custody. The Human Rights Protection Unit in the Office of the 
Prosecutor General issued regular updates on the status of cases, 
trials, and investigations of human rights violations. However, NGOs 
maintained that the incidence of abuse was higher than the number of 
cases investigated by the prosecutor general, and that the failure to 
conduct systematic investigations and pursue convictions of all alleged 
abusers contributed to a culture of impunity. Human rights NGOs also 
asserted that many instances of abuse went unreported by victims due to 
fear of reprisal or lack of confidence in the judicial system.
    The Prosecutor General's Office was in charge of all criminal 
investigations into allegations of torture and mistreatment. 
Prosecutors were required to investigate police use of force when a 
detainee with injuries sustained during arrest was registered. The law 
required the office to open an investigation when it received 
information about a possible violation, even if from an anonymous 
source. If prosecutors concluded after investigation that charges were 
not warranted, the decision could be appealed to a higher level within 
the office. Any person subjected to abuse was able to pursue a civil 
action against the abuser.
    Konstantine Chrelashvili alleged that Ministry of Internal Affairs 
officials tortured him in order to force a confession from him in 2004. 
In 2006, a criminal case was opened to investigate the accused 
officials, B. Khvhistani, K. Sopromadze, and J. Jankhoteli, who were 
found guilty and sentenced to imprisonment. During the year a civil 
case was filed against the Ministry of Internal Affairs requesting 
compensation for the victim from those who committed the crime. At 
year's end the case was pending before the Tbilisi City Court.
    The Prosecutor General's Office opened investigations into 
allegations of torture or abuse by police, but in some cases continued 
them indefinitely without issuing any findings or, if concluded, in 
most cases affirmed the reasonable use of force by police.
    A 2006 police code of ethics obliges police officers to uphold the 
human rights of all persons and to use force only when strictly 
necessary for the performance of their duty; the Ministry of Internal 
Affairs and prosecutor general's office are responsible for 
implementing the code. The General Inspection Service of the Ministry 
of Internal Affairs investigates cases of suspected duty infractions of 
police officers, receiving complaints from citizens who call in on the 
ministry hot line, from the public defender, or from the main unit of 
the Human Rights and Monitoring Department of the ministry. Infractions 
may be addressed to the police officer's supervisor, who can also 
initiate an inquiry. Disciplinary measures may be one of seven types: 
reproach, condemnation, severe condemnation, deprivation of the 
ministry badge, demotion, demotion by one grade, or dismissal. If there 
is suspicion that a police officer committed a criminal act, the 
policeman is suspended from his post, and if the allegations are 
confirmed, the inquiry materials are transferred to the prosecutor 
general's office, where the case becomes a criminal investigation.
    During the year the Police Academy included training on human 
rights in the basic course for patrol police and conducted additional 
specialized training on human rights in cooperation with international 
partners such as the Council of Europe. The Police Academy curriculum 
for 1,287 patrol, regional inspectors, and junior police officers 
included training on the legal basis for the use of coercive force, 
tactical training on negotiation skills for managing critical 
situations with the goal of using coercive force as a last resort, and 
role-playing to illustrate these points.

    Arrest and Detention.--Police, investigators, and prosecutors may 
arrest a person upon suspicion and without a warrant, but the law 
stipulates that detainees must be brought before a magistrate judge 
within 72 hours. Those not charged within this period must be released. 
The Prosecutor General's Office is the only body authorized to engage 
directly with the courts. At year's end, there were no reported cases 
of detainees kept longer than 72 hours without being charged.
    During the year, the public defender and NGOs working on human 
rights problems reported a number of cases in which law enforcement 
officers planted drugs or weapons in order to arrest and charge 
individuals in criminal cases.
    In May 2007, the law was amended to lower from 14 to 12 years the 
minimum age at which children may be held criminally responsible for 
certain violent crimes, such as first degree murder and rape. HRW and 
others criticized the change. The criminal code states that, as of July 
1, juveniles who commit violent crimes will be fined until the 
Government opens a juvenile correction facility that meets 
international standards. There were no plans to build such a facility 
at year's end.
    A detainee has the right to request immediate access to a lawyer 
and the right to refuse to make a statement in the absence of counsel. 
An indigent defendant has the right to counsel provided at public 
expense. The ministry in charge of the proceedings appoints the counsel 
upon the defendant's request. If a defendant requests an attorney after 
arrest, the investigator or prosecutor who is handling the case is 
responsible for contacting and engaging the attorney. During the year 
the law provided for attorneys to be furnished free of charge to all 
persons charged in criminal cases.
    In September 2007, former defense minister Irakli Okruashvili gave 
a televised press conference in which he declared his opposition to the 
Government and accused President Saakashvili of several serious crimes, 
including ordering him to kill prominent businessman Badri 
Patarkatsishvili. Police arrested Okruashvili and charged him with 
corruption later that month. Opposition leaders expressed concern that 
Okruashvili's arrest was politically motivated, constituted an attempt 
to intimidate the political opposition, and was part of a series of 
attacks on human rights by the Government. Okruashvili was released on 
bail in October 2007 after making a videotaped confession to some of 
the charges against him and retracted his charges against Saakashvili. 
Okruashvili left the country in November 2007 and, in subsequent 
interviews from abroad, stated that his confession, retraction, and 
departure from the country had been forced. In November 2007, 
Okruashvili was arrested in Germany, and later returned to France, his 
original entry point into Europe. On March 28, Okruashvili was tried in 
absentia in Tbilisi, found guilty of large-scale extortion, and 
sentenced to 11 years in prison. On April 23, he was granted political 
asylum in France. On September 12, the French appellate court ruled 
against Okruashvili's extradition to Georgia. During the year members 
of Okruashvili's political party alleged that close associates or 
family members of associates were arrested for their party affiliation.
    Human rights NGOs claimed the Government detained 60 to 100 
soldiers after the armed conflict in August. Some attributed the 
detentions to failure to report to their units during the war. Others 
maintained that the detentions were for drug use or some other charge. 
The press reported that soldiers were arrested for speaking out against 
the Government. By year's end many had been released on bail or 
pardoned; the number remaining in detention was unknown.
    Defense counsel has the right to meet persons accused of a crime 
without hindrance, supervision, or undue restriction; however, some 
attorneys alleged that audio and video equipment in police stations, 
which was intended to record interrogations of suspects by law 
enforcement or investigators, was used improperly sometimes to monitor 
privileged attorney/client conversations.
    Officers must notify detainees' families of their location within 
five hours of their arrest and record the circumstances of the 
notification in the case record. Monitoring boards regularly reviewed 
these records during their visits to police stations.
    Police are also required to inform detainees orally of their rights 
and to provide detainees a copy of the arrest and search form, signed 
by police and detainees, to acknowledge that detainees have been fully 
informed of their rights. The public defender's office and NGOs 
reported that police often failed to inform detainees fully of their 
rights and that, if informed of their rights, detainees often did not 
understand them.
    Under the code of criminal procedure, pretrial measures of 
restraint include detention, release on bail, and personal guarantee. 
The amendments eliminated alternatives such as house arrest and police 
supervision. Since January 2007, the judiciary sought to use bail 
rather than pretrial detention. NGOs noted that, due to economic 
hardship, some defendants were not able to pay bail even when it was 
granted and ended up in pretrial detention. According to statistics for 
the first 11 months of the year, bail was used in 53.7 percent of 
cases, compared with 54.9 percent for the same period in 2007. The 
minimum amount of bail was 2,000 lari (approximately $1,210). Pretrial 
detention for the same period during the year was used in 45.1 percent 
of cases as opposed to 43.9 percent for the same period in 2007. A 
property bond is also permitted.
    Under the law and in practice, the overall time limit for trial and 
exhaustion of appeals is 12 months. A person who is arrested must be 
charged within 72 hours or released. They can be held for a maximum of 
nine months before the court of the first instance renders a verdict. 
Once the verdict is rendered, the prison sentence begins immediately 
regardless of any appeal process underway. There is a maximum three-
month appeal process for the appellate court and a maximum of six 
months for the Cassation Court in the Supreme Court. If all appeals are 
exhausted, a prisoner can be held for a maximum of 18 months. There are 
no time constraints once the trial begins for the first instance court 
to render a verdict.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary. However, reports persisted that the executive 
branch continued to pressure judicial authorities. Many NGOs complained 
that judicial authorities continued to act as a rubber stamp for 
prosecutors' decisions and that the executive branch exerted undue 
influence. NGOs also expressed concern that recent judicial appointees 
lacked the experience and training to act independently. The high 
number of vacancies at the trial court level resulted in long delays 
scheduling trials.
    Following constitutional amendments in 2006, the High Council of 
Justice, the body that disciplines judges, operated as an independent 
institution with a majority of its members from the judiciary. In June 
2007, Parliament passed further changes to the law on common courts, 
reorganizing the High Council of Justice and removing the minister of 
justice as a member, the last such executive branch official. Eight 
judicial members whom the Conference of Judges elected and the chairman 
of the Supreme Court constitute the majority of the High Council of 
Justice. Two members of the council are appointed by the president and 
three members are elected by Parliament. The head of the legal 
committee of Parliament, currently a member of the ruling party, is an 
ex officio member of the High Council of Justice. A July amendment 
required that one of the three members elected by Parliament must be 
from an opposition party.
    Following the constitutional amendments, the authority to appoint 
or dismiss judges was moved from the president to the High Council of 
Justice, and the chairman of the Supreme Court was made chairman of the 
council in order to increase the transparency of the judicial 
appointment process. Despite the use of objective written examinations 
to create a pool of potential qualified appointees and publication of 
the names of all potential candidates for public comment, the judicial 
appointment process was not sufficiently transparent. Oral interviews 
of appointees were held behind closed doors with no public knowledge of 
what criteria were used for selection.
    In July 2007, Parliament passed legislation on ex parte 
communications, prohibiting prosecutors, defendants, investigators, and 
any interested third parties from contacting judges outside the 
courtroom during cases to sway their judgments. The legislation, which 
went into effect in August 2007, also repealed Soviet-era laws that 
punished judges, both criminally and administratively, for making 
incorrect rulings, provisions that many observers believed the 
Government could use to limit judicial independence. The law requires 
judges to immediately report in writing any ex parte communication to 
the chairman of the court, who must review the report within 14 days 
and can impose a fine up to 2,000 lari (approximately $1,210) or 
forward the matter to the Secretary of the Council of Justice. The 
Secretary then has one month to review the report and forward it to the 
appropriate regulatory body, such as the prosecutor general for 
prosecutors, the Georgian Bar Association for defense attorneys, or the 
relevant agency heads for investigators for disciplinary action. The 
High Council of Justice may appeal a decision of the regulatory bodies 
not to impose a disciplinary sanction according to the general rule for 
appealing administrative rulings.
    Since the adoption of the law on ex parte communication, there have 
been four violations, three of which did not appear to involve public 
officials, reported to the High Council of Justice.
    On September 3, a Zestaponi District judge received a telephone 
call from a person who introduced himself as a minister of justice and 
asked him to consider ruling in favor of a party on a civil case, who 
was his friend. The judge reported this communication to the chairman 
of the court, who forwarded this report to the law enforcement 
agencies. A preliminary investigation was ongoing at year's end to 
determine the identity of the caller.
    The Prosecutor's Office is responsible for disciplinary action for 
violations of the ethics code for prosecutors adopted in 2006. The 
Office of the Prosecutor General conducts an inquiry into such facts 
and presents this information to the prosecutor general with a 
recommendation for disciplinary action. The code was actively 
implemented during the year, with 21 prosecutors receiving disciplinary 
actions ranging from notice to reprimand and strict reprimand. Of these 
21 cases, three were ethics violations. Twenty-four criminal cases 
against prosecutors were ongoing during the year, 11 of which were 
carried over from previous years. Two prosecutors were convicted in 
criminal cases during the year but used plea bargaining and did not 
serve jail time.
    Defendants must confirm in court any statement they gave while in 
pretrial detention before it can be accepted as evidence. NGOs reported 
that this provision had little impact, either because detainees feared 
reprisal if their statement was not ratified in court, or they were not 
aware of the law.
    The law provides penalties of up to five years in prison for 
witnesses and victims who obstruct justice by giving substantially 
contradictory testimonies. NGOs contended that the provision made 
witnesses more vulnerable to prosecutorial pressure because it 
discouraged them from recanting incriminating statements given to the 
prosecutor during pretrial investigations. Prosecutors supported the 
provision on the ground that it discouraged witnesses from changing 
their testimony due to pressure from the defendant or his or her 
associates. The law does not punish defendants for perjury. Witnesses 
are legally obliged to give evidence. Protection from criminal 
liability for failing to follow this rule applies only if there is risk 
that close relatives of witnesses will self-incriminate.
    Both torture and the extortion of evidence represent criminal 
offenses under the criminal code. Article 30 of the criminal procedural 
code sets aside a general rule, based on which persons who have 
suffered property damage, physical, or moral injuries from crime have 
the right to file a civil claim either in the criminal court that is 
trying the case or in a civil court to demand compensation. The 
compensation for physical injuries covers the costs of burials, medical 
treatment, prosthetic devices and medicine, insurance, the compensation 
of financial aid, and pension. Compensation for moral injuries can be 
monetary. The general rule of seeking compensation and redress for the 
injuries received as a result of crime through civil action equally 
applies to all crimes, including torture, extortion of testimony, and 
illegal arrest.
    The High Council of Justice administered a three-tiered court 
system composed of regional (city) courts, appellate courts, and the 
Supreme Court. Regional (city) courts hear routine criminal, civil, and 
administrative law cases. The Supreme Court acts as the court of final 
appeal.
    According to Supreme Court data, in the first 11 months of the 
year, the Supreme Court's Chamber for Administrative and Other Cases 
issued judgments in favor of the Government in 44.5 percent of the 
cases and in favor of private individuals or companies in 55.2 percent 
of the cases. The remaining cases were resolved by mutual settlement. 
The Government continued setting up a system of magistrates to hear 
specific cases, such as misdemeanors; when completed, the system will 
have 21 enlarged district (city) courts with 46 magistrate judges 
specialized to hear cases in civil, criminal, and administrative 
categories. By midyear five enlarged District Courts had been created, 
and eight magistrate judges had been appointed and were working in 
Ninotsminda, Kaspi, Akhalgori, Dusheti, Tianeti, Khazbegi, Chiatura, 
and Kareli.
    In June 2007, in cooperation with the Council of Europe, the High 
School of Justice established a curriculum for training judges. In 
2007, the school began training judges, many of whom were expected to 
serve as magistrate judges, and continued in 2008. During the year the 
monthly salaries of judges at all levels continued to rise, reducing 
the incentive for corruption. Judicial salaries were 4,299 lari 
(approximately $2,610) for Supreme Court judges, 2,300 lari ($1,390) 
for appellate-level judges and 2,100 lari ($1,270) for lower court 
judges.
    In October 2007, the Conference of Judges adopted a code of ethics 
for judges that defines rules of judicial ethics to strengthen the 
independence, impartiality, and integrity of the judiciary. The 
Disciplinary Collegium of judges of common courts discussed 22 
disciplinary cases against 17 judges during the year. The collegium 
recognized violations and imposed disciplinary sanctions on 10 judges. 
Of these, one case involved an ethics violation.
    The Constitutional Court arbitrates disputes between branches of 
government and rules on individual human rights violation claims; it 
generally demonstrated judicial independence. The power of 
constitutional review is vested solely in the Constitutional Court. The 
court generally interpreted its role in human rights cases narrowly, 
agreeing to rule only on cases in which human rights were violated as a 
result of specific articles of law.

    Trial Procedures.--Defendants have the right to a public trial, 
except where national security, privacy, or protection of a juvenile 
are involved. While the criminal procedure code does not provide for a 
jury trial, other amendments expanded defendants' rights in criminal 
procedures.
    Defendants have the right to be present at their trial and to 
consult an attorney; however, access to defense attorneys for indigent 
defendants was limited in practice. The majority of criminal defendants 
went to trial without benefit of counsel. In June 2007 Parliament 
established a system to provide persons accused of crimes with free 
legal assistance in the first 48 hours, regardless of their financial 
status. The budget was increased more than 1,280,000 lari 
(approximately $776,000) to begin the two-year process of implementing 
the new law.
    Defendants may question and confront witnesses against them and 
present witnesses and evidence on their own behalf at trial. By law, 
defendants and their attorneys have access to the prosecution's 
evidence relevant to their cases at any point during the investigation 
and may make copies at their own expense. By law, defendants are 
presumed innocent and have the right to appeal.
    The law provides that a verbatim record must be prepared and signed 
by the Secretary and the presiding judge of the hearing within five 
days of the conclusion of the court hearing or trial. Only after court 
officials have signed the document can it be introduced to the parties. 
Comments from the parties on the wording of the transcript may be 
submitted to the court. Court judgment shall be served to the parties 
within the same number of days in simple cases and in 14 days in 
complex cases.
    Since 2007, persons charged with crimes could be tried in absentia 
if they are absent to avoid trial. The same law permits persons 
convicted in absentia to appeal their conviction within one month of 
their arrest or surrender, which guarantees a new trial.
    Defense counsel and the defendant have the right to participate in 
pretrial hearings; however, their presence is not mandatory. Failure of 
defense counsel to appear at a hearing does not constitute grounds for 
postponement. Without a hearing, a judge may also rule on the 
admissibility of an appeal of a pretrial preventive measure.
    By law a court must certify that a plea bargain was reached without 
violence, intimidation, deception, or illegal promise and that the 
accused had the opportunity to obtain legal assistance. Although the 
prosecutor general's office reported that the majority of plea 
bargaining cases supported ongoing investigations into drug 
trafficking, NGOs criticized plea bargaining. There were widespread 
reports that such agreements (some on issues much wider than drug 
trafficking) required a person to pay money, but the agreement was not 
used to obtain information on other criminal activity. Some plea 
bargaining agreements reportedly included a tacit understanding that 
the person accused would not pursue complaints of abuse or mistreatment 
against law enforcement authorities and would support their version of 
events in order to avoid negative publicity.
    The use of plea bargaining continued to increase. In the first 11 
months of the year, 10,085 defendants were offered plea bargains, 
compared with 9,048 defendants in the same period in 2007, an increase 
of 11.5 percent. Plea bargains accounted for 53.4 percent of all court 
cases during the period.
    In January 2007, a new article in the criminal procedure code went 
into force that allows a person to appeal an arrest as unlawful, even 
if he or she had been released within a short time following the arrest 
without charges.
    On September 12, Parliament passed a constitutional amendment that 
merged the Office of the Prosecutor General into the Ministry of 
Justice. The minister of justice heads the merged entity. Due to the 
merger, the Government decided that the Penitentiary Department and 
Probation Service could no longer be part of the Ministry of Justice 
and would be established as a separate ministry. It also determined 
that the Legal Aid Office could no longer be considered part of the 
Ministry of Justice due to the inherent conflict between that office 
and the prosecutor's office. On December 30, Parliament amended the law 
to place the office under the Ministry of Penitentiary, Probation, and 
Legal Aid Services. The amendment also limits free legal aid to those 
who qualify as indigent under the law beginning January 1, 2009.
    Human rights activists were concerned that the merger did not allow 
the prosecutor's office sufficient independence from the Ministry of 
Justice and did not allow for a direct parliamentary vote on the chief 
prosecutor's nomination. The law noted that the president and the prime 
minister do not have the authority to annul decisions of the minister 
of justice and prosecutors who are serving their prosecutorial 
functions.
    As part of the merger, the criminal justice guidelines were made 
confidential, potentially making it difficult for lawyers to raise 
procedural points in criminal cases, as this information, even the 
general principles, were not shared as public information. To ensure 
the independence, transparency, and effectiveness of the Legal Aid 
Service, the authorities established a supervisory body consisting of a 
Supreme Court judge, a member of the Georgian Bar Association, NGOs, 
members of Parliament, and the Ministry of Penitentiary and Probation 
staff. The Legal Aid Service's budget could not be reduced without 
approval from its supervisory board. Despite these precautions, legal 
NGOs noted that inclusion of the Legal Aid Service within the Ministry 
of Penitentiary and Probation would not encourage independence. In 
addition to an annual state budget, the Legal Aid Service can be funded 
by donations and grants from outside services. According to statistics 
published by Legal Aid Service, 97 percent or 2,871,000 lari 
(approximately $1,715,000) of its budget was state funded.

    Political Prisoners and Detainees.--The public defender's office 
identified five political prisoners: Merab Ratishvili, Joseph Jandieri, 
Ilia Tsurtsumia, Joni Jikia, and Dimitri Godabrelidze. They were 
convicted in connection to their participation in antigovernment 
rallies in November 2007. Local NGOs alleged there were political 
prisoners but often could not agree on how they defined political 
prisoner or on the number of persons who qualified. The parliamentary 
Human Rights Committee claimed that there were no political prisoners 
in the country.
    According to the prosecutor's office, Ratishvili, and Jikia both 
were arrested on charges of drug possession. The court found them 
guilty and sentenced them to nine- and seven-year prison terms, 
respectively. Tsurtsumia was arrested on charges of resisting a police 
officer so as to impede the protection of public order, found guilty, 
and sentenced to three years' imprisonment. The prosecutor's office 
stated that criminal cases were only pursued when they met relevant 
evidentiary standards.
    During 2007, there were two high-profile cases involving charges of 
treason: Irakli Batiashvili and former state security minister Igor 
Giorgadze's 14 associates, including Maia Topuria. During the year 
Batiashvili was released on presidential clemency, and the guilty 
verdict for Igor Giorgadze's associates was upheld on appeal. In both 
instances cases were filed in the ECHR: Batiashvili's in January 2007 
and Maia Topuria's in March 2007.
    In October 2007, the opposition published a manifesto containing 
several demands, including the release of unspecified political 
prisoners. The manifesto referred to Irakli Okruashvili and Irakli 
Batiashvili. In November 2007 the opposition compiled a list of 42 
persons whom it considered political prisoners and presented the list 
to the Government. Thirty-four persons on the list were released by 
year's end; two of them, Batiashvili and Jandieri, were pardoned. At 
year's end, 14 persons on the list remained in custody.
    The Government permitted international human rights and domestic 
organizations to visit those claiming to be political prisoners, and 
some organizations did so during the year.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial judiciary in civil matters, but there 
were concerns about the professionalism of judges and transparency in 
adjudication. The constitution and law stipulate that a person who 
suffers damages resulting from arbitrary detention or other unlawful or 
arbitrary acts is entitled to bring a civil action.
    In Abkhazia the de facto parliament in 2006 adopted a decree 
banning de facto courts from considering any property claims filed by 
ethnic Georgians who left Abkhazia before, during, or after the 1992-93 
war, thereby effectively depriving IDPs of their property in Abkhazia. 
According to the decree, any previous judgments or pending procedures 
related to ethnic Georgians' property were nullified. De facto courts 
in Abkhazia reportedly did not make efforts to establish facts or 
administer justice but acted at the direction of prosecutors and law 
enforcement. Criminals paid bribes to police, prosecutors, and judges 
to avoid prosecution.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions without court approval 
or legal necessity and also prohibits police from searching a residence 
or conducting undercover or monitoring operations without a warrant. 
Charges against some opposition leaders after video and/or audio 
surveillance raised concerns among some NGOs and international 
observers about this practice. In its December 2007 report, the 
International Crisis Group stated that civil society activists 
complained telephone taps had become widespread and were used to 
implicate opposition or public figures and businessmen.
    NGOs continued to report that in practice police conducted searches 
and occasionally monitored private telephone conversations without 
first obtaining court orders; police often obtained warrants after the 
fact. NGOs reported that most citizens were unaware of their right to 
postpone a search of their home by one hour in order to summon two 
objective third-party witnesses to the search. The Government stated 
that security police and tax authorities entered homes and workplaces 
without prior legal sanction.
    There were concerns about the lack of due process and respect for 
the rule of law in a number of developments on property rights. A law 
passed in June 2007 required old leases to be reregistered with the 
Government. The law also gave the Government the right to evict illegal 
tenants with five days notice. In 2007 there were protests over the law 
and widespread concern among citizens over its ramifications. After the 
November 2007 events and elections during the year, the Government 
relaxed its stance on illegal constructions and allowed legalization of 
illegally erected constructions or acquired property, and public 
concerns died down.
    Parliament passed a resolution in November 2007 instructing state 
agencies, including law enforcement bodies, to cease probes into 
disputed properties where the harm to the citizen exceeded the 
substantial benefits of the decree.
    In 2007, various ministries and cities gave notice affecting 1,950 
different properties before the deadline. The Government stated that 
cases would be reviewed and that not all the properties would be 
divested from their owners.
    In April 2007, according to HRW, restaurant owners in Tbilisi and a 
neighboring town complained that officials pressured them into handing 
over their property by threatening them with criminal charges for 
allegedly purchasing their property through corrupt business 
transactions during the Shevardnadze era. The Government contended that 
these were cases of property with expired or ambiguous leases or were 
obtained through fraudulent transactions or bribery linked to 
corruption. Domestic and international observers expressed concern that 
the Government had not sufficiently respected due process and the rule 
of law. The public defender was investigating 10 such cases at year's 
end, although there were reportedly more. The public defender mentioned 
this concern in his December 30 remarks to the Parliament.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Separatist conflicts in the regions of Abkhazia and South Ossetia 
remained unresolved and were exacerbated during the August 7-12 armed 
conflict between Georgia and Russia.
    Incidents of violence occurred in Abkhazia, particularly in the 
predominantly ethnic Georgian Gali region, and in South Ossetia. After 
the armed conflict began August 7, the Government lost control over 
Abkhazia and South Ossetia.
    There was little information on the human rights and humanitarian 
situation in Abkhazia and South Ossetia due to limited access to these 
regions. In March 2007 Abkhaz de facto authorities agreed to permit a 
UN human rights officer's presence and the deployment of three UN 
civilian police in the Gali Sector headquarters.
    On August 11, the Abkhaz de facto Ministry of Defense recommended 
that UNOMIG withdraw its observers from Kodori gorge. By year's end 
UNOMIG military observers could access the area only under Russian 
military escort. The UN mandate was extended through February 15, 2009.
    On August 26, the Russian government recognized Abkhazia and South 
Ossetia as independent states; on September 17, the Russian government 
signed agreements with the de facto authorities that included 
provisions to allow Russian military presence in the territories. On 
August 27, the Georgian prime minister signed a decree formally 
terminating Russian peacekeeping operations in Georgia. Formerly, 
agreements permitted Commonwealth of Independent States' peacekeeping 
forces in both Abkhazia and South Ossetia. On August 28, the country's 
Parliament passed a resolution declaring Abkhazia and South Ossetia to 
be Russian-occupied territories.
    The Gali region of Abkhazia, where many ethnic Georgians live, 
remained tense as a result of limitations on freedom of movement, 
kidnapping, arbitrary arrest, and deaths in custody. Systemic problems 
in the criminal justice system of the de facto authorities, in 
particular the failure to conduct impartial investigations and to bring 
alleged perpetrators to trial, sustained a climate of impunity. Abuse 
by de facto law enforcement authorities included arbitrary arrests and 
detention as well as routine mistreatment of detainees. De facto law 
enforcement authorities rarely wore uniforms or carried badges or 
credentials, allowing them to act with impunity. Russian military 
forces and de facto militias limited the ability of international 
observers to travel in Abkhazia to investigate claims of abuses.
    After the conflict began on August 7, South Ossetian separatists 
reportedly committed killings, engaged in looting, systematically 
attacked ethnic Georgian villages, and blocked international observers 
from viewing events first hand. Russian military forces and de facto 
militias did not permit observers into South Ossetia and occupied areas 
to investigate claims of abuses.

    Killings.--Before the conflict began on August 7, Georgian 
government officials and de facto authorities accused one another of 
committing arbitrary and unlawful killings in the separatist areas of 
South Ossetia and Abkhazia, including intensified shelling of ethnic 
Georgian villages in South Ossetia. HRW reported that during the August 
conflict Georgian, Russian, and South Ossetian forces committed 
numerous violations of the law of war in the conflict, causing many 
civilian deaths and injuries and widespread destruction of civilian 
property. HRW stated that Georgian and Russian forces used 
indiscriminate and disproportionate force. They concluded that Georgian 
forces carried out indiscriminate attacks by their extensive use in 
civilian areas of multiple-rocket launching systems, which cannot be 
targeted with sufficient precision to distinguish between civilian and 
military objects. The rockets, known as Grad, were believed to have 
been used by Russian forces as well. HRW also reported that the South 
Ossetian forces conducted a campaign of deliberate and systematic 
destruction of certain ethnic Georgian villages in South Ossetia. HRW 
concluded that South Ossetian forces attempted to ethnically cleanse 
villages and egregiously violated multiple obligations under 
humanitarian law for which there must be individual criminal 
accountability and prosecution for war crimes where appropriate. 
Amnesty International documented many instances of looting, killings, 
home burning, and systematic ethnic persecution of Georgians in both 
territories and found that Russian forces failed to protect civilian 
populations by refusing to intervene when South Ossetian separatists 
attacked Georgian villagers. HRW noted that Russian forces failed to 
ensure, as far as possible, public order and safety in areas under its 
effective control.
    HRW reported that cluster munitions used by Russia and Georgia 
killed at least 17 civilians and wounded dozens more; most of the 
casualties appeared to have been caused by Russian weapons. Following 
the conflict, unexploded submunitions remained scattered in and along 
South Ossetian roads, especially antiarmor submunitions.
    After the conflict, violent attacks continued along the 
administrative boundaries of Abkhazia and South Ossetia. International 
monitors were generally unable to identify the perpetrators, but in 
most cases found that the attacks originated from the Abkhazian and the 
South Ossetian sides of the boundaries. The Government announced that 
10 members of the Ministry of the Interior were killed in such 
incidents despite the ceasefire, in some cases by sniper fire. On 
November 10, two officers were killed and three wounded by explosive 
devices connected to a South Ossetian flag placed outside the South 
Ossetian administrative boundary. Some attacks may have originated 
outside the territories. On November 17, South Ossetian press reported 
a villager was shot and killed by a sniper while driving his car inside 
South Ossetia.
    At year's end, there were no final figures for the total number of 
civilians killed during the August conflict; HRW estimated that 
hundreds of civilians were killed.

    Abductions.--The February 2007 abduction of David Sigua, an ethnic 
Georgian serving as de facto election commission chair in the Abkhaz-
controlled Gali district, remained unsolved. The Georgian government 
denied Abkhaz accusations that it was involved in the disappearance, 
and both sides agreed to a joint investigation, which the UN was 
conducting at year's end. Sigua's whereabouts remained unknown.
    Government and Abkhaz commissions on missing persons reported that 
nearly 2,000 Georgians and Abkhaz remained missing as a result of the 
1992-93 war in Abkhazia. The South Ossetia de facto authorities 
reported 116 persons still missing since conflicts in 1991 and 2004. 
The ICRC continued its efforts to assist the authorities concerned to 
fulfill their obligations to provide the information to the families of 
the missing persons. Most of the missing persons from the 1992-93 war 
were believed to have gone missing in the region of Abkhazia. During 
the year no exhumation of those believed dead during the 1992-93 
conflict took place, according to the ICRC. Since the beginning of the 
August conflict, the ICRC received more than 1,100 tracking requests 
from families and authorities. To date, almost 1,000 of these have been 
closed, and 108 remain open. After the August conflict, reports of 
abductions for ransom became more common, in particular of ethnic 
Georgians in the Gali region of Abkhazia. Although in most cases 
abductees were quickly and swiftly returned, some suffered beatings and 
even death. In early December the beaten body of an elderly woman who 
had been missing for some days was found in the woods near her house in 
Nabakevi; local villagers alleged that Abkhaz men had abducted her and 
demanded ransom.

    Child Soldiers.--In Abkhazia, de facto authorities frequently took 
teenage boys from their homes for forced conscription in the Abkhaz 
militia. Some parents claimed that their sons were younger than 18, the 
minimum age for military service. While the number of ethnic Georgians 
conscripted into the Abkhaz military was reportedly small, the threat 
of conscription remained a political tool the de facto authorities used 
to control the ethnic Georgian population and to prevent young Georgian 
men from returning to or staying in the Gali district.

    Other Conflict-Related Abuses.--During and after the August 
conflict with Russia, HRW reported South Ossetian regulars deliberately 
killed nine ethnic Georgian women and raped two. The Government 
reported that South Ossetian regulars raped multiple citizens. Because 
of the social stigma connected with rape, few were reported. 
Investigation of reported rapes was difficult due to chaotic conditions 
and lack of police in locations where they reportedly occurred, often 
behind Russian checkpoints where Georgian officials had no access.
    According to civil.ge, a June Studio Monitor investigative 
documentary into an attack in the village of Khurcha on the Abkhaz 
administrative border on May 21, the date of parliamentary elections, 
reported that, contrary to assertions by the Government, the attack was 
committed by Georgians. An investigation by the UN into the attack 
found that grenades were fired from the Georgian-controlled side of the 
ceasefire line. A preliminary report could not identify the 
perpetrators but noted inconsistencies in the circumstances surrounding 
the incident, in particular the fact that the incident was filmed in 
such a way as to suggest that events were anticipated rather than 
simply recorded as they were happening. Four civilians were injured.
    During the August conflict in and around South Ossetia, HRW 
researchers and others witnessed South Ossetian militias looting and 
burning ethnic Georgian villages. According to HRW, satellite images 
strongly indicated that the majority of the destruction in five 
Georgian villages around Tskhinvali-Tamarasheni, Kekhvi, Kvemo 
Achabeti, Zemo Achabeti, and Kurt-were caused by intentional burning. 
The damage shown was massive and concentrated. On August 12, HRW 
researchers spoke with several members of the Ossetian militias who 
openly admitted that their associates were burning the houses, 
explaining that the objective was to ensure that displaced ethnic 
Georgians would not have houses to which to return.
    On August 22, Russian online news agency Regnum quoted Eduard 
Kokoity, South Ossetia's de facto leader, as saying that the Georgian 
enclaves of Kekhvi and Tamarasheni were ``liquidated'' as a result of 
military operations.
    According to HRW, Georgian forces beat and mistreated at least five 
of 32 Ossetians detained in August during the armed conflict.
    Other abuses related to the August conflict, according to HRW, 
included South Ossetian forces arbitrarily detaining (sometimes 
together with Russian forces) at least 159 ethnic Georgians, killing at 
least one detainee, torturing at least four Georgian prisoners of war 
(POWs), executing at least three, and exposing almost all detainees to 
inhuman and degrading treatment and detention conditions.
    According to official government figures, persons whom Georgia 
detained during the conflict were held in facilities administered by 
the Ministry of Defense (Vaziani Military Base), Ministry of Justice 
(Prison N8 and Prison Hospital) and Ministry of Internal Affairs 
(temporary detention cells.) The ICRC was accorded unimpeded access and 
visited two of five POWs as well as 12 security detainees captured by 
Georgian authorities during the August conflict. The ICRC was able to 
assess their general detention conditions and enabled them to 
reestablish family links with their families in the Russian Federation 
or South Ossetia.
    A 2006 Abkhaz law on citizenship, which excludes the possibility of 
dual Abkhaz-Georgian citizenship but allows dual Abkhaz-Russian 
citizenship, limited the rights of the ethnic Georgian population in 
Abkhazia to participate in the electoral process and to have 
representation in the de facto parliament, as well as in local de facto 
bodies. After the August hostilities, de facto authorities stated that 
persons wishing to return to South Ossetia could do so but would be 
required to take Ossetian citizenship, which meant accepting Russian 
passports. Georgian engineers who worked at the Enguri dam powerplant, 
which straddles the administrative boundary with Abkhazia, were told 
they must take ``Abkhaz citizenship'' to continue their work.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, there were credible 
reports that the Government restricted freedom of speech and the press, 
especially after the May parliamentary elections. Some of these 
restrictions were eased by year's end.
    In general individuals criticized the Government publicly and 
privately without reprisal. However, some individuals told foreign 
monitors they were reluctant to discuss sensitive issues by telephone 
due to concerns about government eavesdropping. Beginning in the fall 
and for the first time since mid-2007, opposition figures and 
representatives of the Government regularly appeared on the same shows, 
thereby providing a plurality of views.
    There were approximately 200 independent newspapers, although most 
were local and with extremely limited circulation or influence. During 
the year print media frequently criticized senior government officials. 
However, few editorially independent newspapers were commercially 
viable. Patrons in politics and business typically subsidized 
newspapers, which were subject to their influence.
    Throughout the year, NGOs, independent analysts, and journalists 
accused high-ranking government officials and opposition politicians of 
exercising some influence over editorial and programming decisions 
through their personal connections with news directors and media 
executives. There were allegations of the forced transfer of two 
national television stations, Rustavi 2 (in 2004) and Imedi (during the 
year). The opposition lost control of Imedi Television, which had been 
the sole remaining national independent television station. There were 
scattered reported incidents of actual or incited physical abuse of 
journalists by local government officials and opposition politicians.
    According to the OSCE's final report on the January presidential 
election, campaign coverage in the news of most monitored TV stations, 
including public television, lacked balance. Following the presidential 
election until the beginning of the pre-election period for the 
parliamentary elections, there was a relatively free media environment, 
with new leadership of public television and generally balanced 
reporting of all political parties' activities. During the 
parliamentary elections, the OSCE noted improvement in the balance of 
coverage by public television compared to the presidential election, 
while concluding that the coverage of most other monitored television 
stations lacked balance.
    After the May 21 parliamentary elections, there was a noticeable 
weakening in freedom of the media. While media executives claimed this 
was due to limited revenues and a weak advertising market, the net 
effect was to diminish the presentation of alternate views, especially 
on television, and to substitute entertainment for news and talk shows. 
Until the late fall, there was a marked decline in the diversity of 
independent media, with the exception of the Tbilisi-based Kavkasia 
television station. Most alternative voices were greatly diminished, 
and the remaining media concentrated on reporting the Government's 
activities and positions. Freedom House reported that there was a 
significant decline in investigative reporting since the 2003 Rose 
Revolution.
    Imedi television went off the air in December 2007 after the 
resignations of several key journalists concerned that the Government 
had presented evidence two days earlier showing the owner, presidential 
candidate Badri Patarkatsishvili, plotting a coup. Imedi-the last 
independent national television station-remained off the air through 
the January presidential election.
    After Patarkatsishvili's sudden death in February, Imedi remained 
off the air until April and did not broadcast news until August. 
Ownership of the station remained contested, with Patarkatsishvili's 
widow filing a notice of arbitration against the Government December 
10. Gogi Jaoshvili, one of the former registered owners of Imedi TV, 
announced at a December 10 press conference that he had transferred 
Imedi holding shares to Joseph Kay and resigned from the position of 
the Chairman of the Supervisory Board of I-media under psychological 
pressure exerted against him by Georgian law enforcement officers. 
Jaoshvili left the country several hours after making this public 
statement.
    Rustavi-2's founder and former owner, Erosi Kitsmarishvili, alleged 
on November 26 that authorities seized the television station from him 
in 2004 and announced his intention to regain his shares of the station 
by filing a lawsuit against President Saakashvili. By year's end, no 
lawsuit had been filed. On December 1, the next Rustavi-2 owner Kibar 
Kalvaski filed a letter of complaint with the prosecutor's office 
alleging he was forced to give up ownership of the station under 
pressure from government officials. He sent a similar letter to the 
Parliament, but at year's end there was no reaction to either letter.
    Public television station Georgian Public Broadcasting (GPB) was 
the scene of opposition protests after the January presidential 
election. Opposition supporters, including the United Opposition 
presidential candidate Levan Gachechiladze, assaulted 20 GPB 
journalists and demanded that the authorities change the GPB director 
and the board. These changes were made in February after negotiations 
between the Government and the opposition. The opposition parties chose 
four of the nine member board, including the board chairman, Irakli 
Tripolski. A new, more neutral director was chosen with the agreement 
of the opposition. GPB broadcast a new talk show, Seven Days, staffed 
by former Imedi journalists who were at times critical of government 
policies.
    On May 26, the opposition held a three-hour rally to protest the 
conduct and results of the parliamentary elections and demanded that 
the rally be broadcast live. The GPB and other stations featured 
extensive reports on the rally, although none broadcast it live in its 
entirety. The opposition-named chairman of the GPB board resigned when 
his demand to broadcast the entire rally was not met and claimed that 
the GPB was biased.
    In a December letter, the public defender noted that Georgian 
television had not broadcast independent investigative films for 
several years.
    By the end of June, most news coverage was cut back to eliminate 
all talk shows and analytical programs. NGOs asserted that news 
programming was cut due to government pressure on the media. Programs 
cut included Shvidi Dris (Seven Days). Mze, a progovernment national 
channel that had 2 percent of the market, also ceased its news 
operations on financial grounds in June. Although Mze was generally 
seen as progovernment, many opposition figures decried their decision 
to stop broadcasting news, pointing out that Mze had broadcast the 
events of November 7, 2007, live, unlike progovernment Rustavi 2. Also 
in June, Radio Imedi's director was replaced with a former government 
spokesman. A group of almost 100 journalists issued a statement on June 
3 that labeled this action as pressure on the free media. After the 
closing of Imedi television as an independent voice earlier in the 
year, Radio Imedi had remained the only national media outlet that 
provided access to opposition views. While they continued to allow 
opposition access, there was a general decrease in news coverage on 
Radio Imedi. In September, Rustavi 2 announced that it would not renew 
the popular talk show, Prime Time, which it suspended in June. Despite 
suggestions that the program might return to the air, Rustavi-2 had not 
resumed broadcasting Prime Time by year's end. By the end of the year, 
talk shows had reappeared on all of the country's television channels: 
Public Broadcaster's Channel One, Imedi, Kavkasia, and Maestro.
    In June, Mamuka Glonti, the head of the cable television station 
Maestro Media, formed the Committee to Protect Journalists in the 
country. A handful of respected journalists were involved in the group, 
but they were largely inactive.
    Maestro applied for a change of license in November 2007 to allow 
the broadcast of a political talk show but was not granted a license. 
The station continued to broadcast a political show, but as a voice-
over to music videos. In March, the Georgian National Communication 
Commission (GNCC) formally warned the station that it did not have a 
license to air political programs. The station complied with the ruling 
and suspended political programming, applied for the appropriate 
license, but was refused due to its earlier violation of the law. The 
station brought the case to court, and in late September the Tbilisi 
city court upheld the original ruling by the GNCC. On October 10, 
government spokesmen indicated that Maestro cable station's license 
would be amended to permit it to broadcast political talk shows. 
Maestro received its license and went on the air in December with two 
political talk shows, No Comment and Profesia Reportiori (Profession 
Reporter).
    Kavkasia TV experienced two transmission interruptions in 
September, allegedly due to technical issues. Kavkasia's director 
suspected the interruption coincided with the station's criticism of 
the Government's actions during the August conflict on September 1. On 
that date all other Georgian TV channels were broadcasting live the 
national Live Chain for Peace in protest over Russia's behavior during 
the conflict. Kavkasia's director also alleged that in June financial 
police exerted pressure on companies buying advertising from the 
station. As a result, several companies interrupted the contracts with 
the station, and others decided not to extend the contracts after they 
expired in July. Kavkasia's director kept the names confidential.
    In August, the outbreak of the conflict between Georgia and Russia 
became the primary focus of media attention. Russian forces did not 
allow journalists to enter separatist regions or undisputed Georgian 
territory located behind Russian checkpoints. After the ceasefire, only 
journalists accredited by Russia were permitted in the separatist 
region areas. On August 12, eight civilians and one Dutch journalist 
were killed as a result of a Russian cluster bomb strike in the center 
of Gori. During the conflict three other journalists were killed, and 
14 were wounded. Other journalists were robbed, kidnapped, or taken 
hostage. Journalists attributed these attacks to Russian soldiers or 
irregulars operating under Russian acquiescence.
    Authorities limited access to information during this time, and did 
not release some sensitive information until after the war, such as 
casualty figures and the names of the dead. Government authorities set 
up a media center in Gori to provide information to journalists, which 
came under Russian attack.
    Most people received news from broadcast media. There were eight 
privately owned television stations in Tbilisi and one public station, 
Channel 1. Four of the Tbilisi-based stations, Channel 1, Rustavi-2, 
Imedi, and Mze, claimed nationwide coverage. Imedi and Rustavi-2 were 
the most viewed stations, though Imedi was off the air until April and 
did not begin airing news broadcasts until August. A fifth channel, 
Batumi-based Ajara Television, also broadcast nationwide. An 
international NGO estimated that there were more than 45 regional 
television stations outside of Tbilisi, 17 of which offered local daily 
news, although most was at a very low professional level and largely 
represented the views of local authorities.
    Two independent journalists, Maka Tsiklauri and Irakli Goguadze, 
from online video magazine Presa.ge, noted four separate incidents of 
perceived government pressure related directly to their work. On May 
21, Goguadze was observing parliamentary elections in Iormuganlo 
(Kakheti) when several local activists physically abused him twice and 
seized his tape and video camera. On August 13, Goguadze was shooting 
an 'IDP protest rally on Rustaveli Avenue in Tbilisi when several 
unidentified persons snapped a battery from his video camera and fled. 
On August 24 in Tkviavi (Shida Kartli), Tsiklauri and Goguadze were 
shooting video when they were attacked and Goguadze's camera and 
videotapes were seized. On December 22 in Tbilisi, several unidentified 
men tried to force Goguadze into a car after he was asked to show his 
identification card. In December 2007, both journalists complained of 
government pressure due to a documentary video they had made about 
recent developments in the country.
    The public defender sent a letter describing the incidents to the 
Ministry of Justice's head of the chief prosecutor's legal department 
calling for an investigation of the incidents. At year's end there was 
no word from the prosecutor's office as to the status of the case.
    On April 15, Madona Batiashvili, the chief of the Sighnaghi Bureau 
of Radio Hereti, a small independent regional radio station, sent a 
statement to the Office of the Public Defender in which she alleged 
pressure from Levan Bezhashvili, the president's representative in the 
Kakheti region, to prepare positive news reports and to stop reporting 
on him and his friends. At year's end there was no response from the 
prosecutor's office on the status of the case.
    In mid-July, the newspaper Batumelebi received an e-mail message 
threatening to kill the editor in chief Eter Turadze and a staffer of 
the same newspaper. Batumelebi went public with the story and informed 
the prosecutor's and ombudsman's offices about the threat. Soon, 
Batumelebi received a second e-mail containing a threatening message. 
The Ajara Prosecutor's Office started an investigation shortly after 
the incident. An investigator visited and interviewed Batumelebi staff, 
but at year's end there was no information available on the progress of 
the case.
    On December 9, Tamara Okruashvili, a correspondent for Khalkhis 
Gazeti, stopped to take pictures and talk to IDPs from South Ossetia 
who were near the Gori Municipal Building. Some of them were 
complaining about their living conditions. Seeing this, Gori City 
Council Chairman David Khmiadashvili told Okruashvili that she should 
leave. Heated remarks ensued, resulting in the chairman striking 
Okruashvili, knocking her camera out of her hand, and breaking it. 
Okruashvili filed a complaint with police. The following day, the 
chairman apologized to her personally and formally in Resonani 
newspaper. Khmiadashvili also sent her a new camera. Okruashvili 
withdrew her complaint.
    In March 2007, Elisio Janashia, editor of Tavisupali Sitkhva (Free 
Word), claimed the spokesman for the governor of Samegrelo-Upper 
Svaneti verbally abused and threatened her after she published an 
article about harassment of a journalist from another newspaper. In the 
same month, the public defender requested that the Zugdidi Internal 
Affairs Ministry investigate the allegations. The investigation noted 
that acts committed by the governor of Samegrelo-Upper Svaneti did not 
constitute interference into journalistic activities, as the disputed 
conversation took place after the publication of Janashia's article. On 
October 25, the investigation was closed.
    Throughout the year the public defender and others called for 
changes in the law on broadcasting to increase the transparency of 
media outlet ownership. On December 19, Parliament adopted amendments 
to the Law on Broadcasting allowing the parliamentary minority to 
nominate one member for the Georgian National Communications Commission 
(GNCC). The parliamentary majority group also is eligible to nominate 
one GNCC member. At year's end the commission was composed of five 
members each serving a six-year term. The amendment envisages pre-term 
suspension of the authority.
    By year's end many media ownership questions remained unclear. No 
information was available as to the ownership of the GeoMedia Group, 
registered in the Marshall Islands, whose shares of Rustavi-2 declined 
from 55 to 40 percent on November 7. Rustavi-2's founder and former 
owner Kitsmarishvili alleged in November that President Saakashvili was 
behind the GeoMedia Group.
    Very often journalists work without contracts, which in effect 
encouraged them to practice self-censorship. Journalists were hesitant 
to report something other than the owners' views, as they were afraid 
of losing their jobs.
    Media in the separatist regions of South Ossetia and Abkhazia 
remained tightly restricted by the de facto authorities.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
expression of views via the Internet, including by electronic mail. E-
mail access rose slightly during the year but remained centered in 
Tbilisi and major metropolitan areas. Estimates were that no more than 
11 percent of the population used e-mail. During the August conflict, 
Russian cyber attacks defaced or took official Georgian Web sites 
offline and jammed the mobile telephone network. The Government blocked 
access to Russian cable television news reporting and access to Russian 
Internet news sites when hostilities began in August. On October 21, 
authorities restored access to Russian Internet news sites but 
continued to block Russian cable news, which could still be accessed by 
satellite.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government respected this right during the year in practice. 
The law requires political parties and other organizations to give 
prior notice and obtain permission from local authorities to assemble 
on a public thoroughfare. Permits for assemblies were routinely granted 
during the year.
    Following the September 2007 arrest of former defense minister 
Irakli Okruashvili, a number of political parties joined to form the 
United Opposition Council, which began protests in October 2007 in 
Zugdidi, Kutaisi, and other regions, culminating in a series of large-
scale protests in Tbilisi.
    During the year authorities permitted demonstrations.
    On June 6, several hundred protesters gathered outside Parliament. 
The rally was called by the eight-party opposition coalition after the 
official announcement that the newly elected Parliament's inaugural 
session would be held on June 7.
    On November 7, an estimated 10,000 to 15,000 opposition supporters 
held a protest rally to mark the first-year anniversary of the police 
break up of a November 2007 rally. The protesters, carrying banners 
with slogans, including Stop Russia, Stop Misha, marched towards the 
presidential residence and then dispersed peacefully.
    On November 23, a group of opposition parties and politicians held 
a protest rally outside the Imedi television station demanding Imedi's 
return to what they called its legal owner. The rally was joined by 
Sozar Subari, the public defender.
    On December 30, Subari, as he was delivering his biannual report on 
human rights, claimed he had proof that senior officials, including 
Interior Minister Vano Merabishvili, deliberately planned to use 
excessive force onNovember 7, 2007. Subari demanded creation of a 
parliamentary ad-hoc commission to investigate his claims.
    In November 2007, the Old Tbilisi District Prosecution Office 
initiated a preliminary investigation into the bodily injuries 
sustained by individuals during the November 7 demonstrations. There 
was no further information on the ongoing investigation by year's end. 
Subari's report for January through July pointed out that the 
prosecutor's office had not brought any charges against attackers. The 
Ministry of Internal Affairs noted that 11 policemen were dismissed due 
to inappropriate behavior during the demonstration.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right.
    Authorities granted permits for registration of associations 
without arbitrary restriction or discrimination. Unknown assailants 
attacked members of the political opposition before and after the 
January 5 presidential and May 18 parliamentary elections; opposition 
members accused the Government of not earnestly attempting to identify, 
arrest, and try the attackers, many of whom wore masks.
    The OSCE's final report on the May 21 parliamentary elections noted 
that the election campaign was conducted in a highly polarized 
environment, which was compounded by reports of widespread intimidation 
of opposition candidates, party activists, and state employees in many 
regions. Of the numerous specific allegations the OSCE election 
observation mission examined, it found several to be credible. The OSCE 
examined a series of post-election-day beatings and other violence when 
masked men attacked 13 opposition activists, many of whom were taking 
legal action against alleged cases of election-related irregularities. 
The OSCE visited seven of the 13 individuals and confirmed that they 
had been attacked. It noted that some opposition leaders accused the 
authorities and the ruling party of responsibility for the post-
election attacks. The public defender also issued a statement 
criticizing the attacks and noting that a number of individuals who had 
been attacked refused to identify themselves out of fear.
    Unknown assailants also physically assaulted opposition figures at 
other times during the year. For example, in June General Gia 
Sehrvashidze, one of the leaders of the Christian Democratic Alliance, 
was hospitalized after being attacked by four masked individuals. The 
public defender's January-July report mentioned the following as 
opposition supporters who were attacked, but stated the prosecutor's 
office had not investigated the incidents: Mamuka Kvaratskhelia, Ramin 
Abuladze, Davit Sazanishvili, Amiran Iobashvili, Nugzar Khutsurauli, 
Giorgi Tavdgiridze, Giorgi Shervashidze, Boris Dzanashvili, Levan 
Jgarkava, Levan Gvarjaladze, Davit Metreveli, Ioseb Bortsvadze, Zurab 
Giguashvili, and Nona Sagareishvili. Criminal cases were opened into 
all of the incidents and were being pursued at year's end. In one 
incident, the victim refused to give testimony to law enforcement 
officials on the subject matter of the case.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion and the Government generally respected this right in practice.
    The constitution recognizes the special role of the Georgian 
Orthodox Church (GOC) in the country's history under its own patriarch 
but stipulates the separation of church and state. A concordat 
(constitutional agreement) signed by the president and the Orthodox 
patriarch gives the church legal status. The concordat contains several 
controversial provisions that give the patriarch legal immunity, grant 
the church the exclusive right to staff the military chaplaincy, exempt 
church clergymen from military service, and give the church a unique 
consultative role in government, particularly in the area of education. 
However, these provisions were not in force, due to lack of 
implementing legislation. The tax code exempts the GOC from paying 
value-added tax (VAT) for the importation of some religious items 
(crosses, candles, icons, books, and calendars used exclusively for 
religious purposes) but requires other religious groups to pay VAT and 
file for reimbursement.
    Any religious group may register as a noncommercial legal entity. 
The registration application should include the name of the 
organization, the place of its location, the purpose of its activities, 
information on the founder(s), information on the governing body of the 
organization, and the decision-making process of the governing body. 
Registration is a function of the tax department under the Ministry of 
Finance, which must grant or deny registration within three days of 
application; a refusal may be appealed in court.
    Some religious communities expressed dissatisfaction with the 
status that registration provided. The Roman Catholic Church (RCC) and 
the Armenian Apostolic Church (AAC) opposed registering as civil 
organizations, preferring to register as religious organizations. Both 
AAC and RCC asserted that they were traditionally established churches 
in Georgia and registration as an association or foundation would 
diminish their status. However, many other religious groups registered 
under the legislation, which does not discriminate against any 
religious activity. Jehovah's Witnesses, who were registered as a civil 
organization, denied this was the case, stating that they paid all 
taxes and had not pursued filing for reimbursement. According to Jewish 
community representatives, the community imported religious items under 
a humanitarian category. Generally any company which imported goods had 
to pay VAT at the border but, if the imported goods were not designated 
for further selling by the importer, the Ministry of Finance must 
reimburse the VAT.
    The separation of state schools and religious teaching further 
narrowed the interpretation of the Government concordat with the 
Orthodox Church on teaching Orthodoxy as an elective part of the school 
curriculum. The law states that Orthodox teaching may only take place 
after school hours and cannot be controlled by the school or teachers. 
Outsiders, including clergy, cannot regularly attend or direct student 
extracurricular activities, student clubs, or their meetings. Lay 
theologians, rather than priests, led such activities. Religious 
minorities broadly welcomed the change to school religious education, 
although they observed along with NGOs that practice did not always 
keep pace with the law. For example, implementation of the law was 
flawed, especially as applied to prayer and displays of crucifixes and 
other religious objects.
    Public schools offered students the opportunity to take an elective 
course on religion in society, which covered the history of major 
religions. Parents complained teachers focused solely on the Orthodox 
Church, as did the primary textbook. At midyear the Ministry of 
Education suspended work on a new curriculum that was to have addressed 
the public complaints. The curriculum was abandoned principally because 
the group could not agree on a curriculum, and there were not enough 
incentives offered to teachers who would have to teach the course. 
History and geography courses introduced in upper grades provided some 
coverage of world religions.
    Delays in obtaining permits to build kingdom halls required 
Jehovah's Witness congregations to continue meeting in private homes in 
at least three localities. In May 2007, the ECHR ruled against the 
Government for failing to protect the group from violent harassment in 
1999.
    At year's end there were five cases pending before the ECHR on the 
alleged violation of rights against members of Jehovah's Witnesses, 
some filed during the administration of previous governments. One of 
these cases contested a 2001 Supreme Court ruling that revoked the 
group's registration. However, in May 2007 the organization was 
registered under the new registration law. This status allowed them to 
import materials, rent venues, and conduct other transactions as a 
legal entity.
    The RCC and the AAC were unable to secure the return of churches 
closed or given to the GOC during the Soviet period. In 2007, the 
Ministry of Justice adopted plans to rely on disinterested expert 
opinion for assessment of future ownership disputes, instead of a now 
inactive commission that had included a GOC participant. Controversy 
continued to surround the disposition of the Norashen Church, claimed 
by both AAC and GOC. On November 16, Father Tariel Sikinchelashvili, a 
Georgian Orthodox Priest, brought a bulldozer into the common 
churchyard, which a Georgian church shared with Norashen church, to 
clear the grounds of rubbish. Father Tariel claimed that the passage 
was too narrow for the bulldozer to pass, so he removed, and later 
replaced, several Armenian headstones in the yard. Upon seeing this, 
Armenian clergy were indignant, and called this action disrespectful to 
the Armenian remains buried there. At year's end, rubble still sat atop 
some of the Armenian graves, as beautification efforts continued. The 
Armenian president visited the Norashen church in December, and 
although there was discussion of organizing a commission to resolve 
outstanding church building issues, at year's end the commission had 
not yet been established.
    No action was taken on the return of five churches to the RCC, and 
due to direction by the Vatican, the RCC stopped all litigation. RCC 
was hampered in constructing new churches in Kutaisi and Akhaltsikhe. 
Although the GOC has proposed the creation of a commission to study the 
origins of the disputed churches, the AAC and the RCC have not heard of 
a group of experts working on the ownership issues. The AAC has not 
requested construction of new churches. Its main concern remains the 
return of five churches in Tbilisi and one church in Akhaltsikhe.

    Societal Abuses and Discrimination.--Judaism is practiced in a 
number of communities throughout the country, particularly in the 
largest cities, Tbilisi and Kutaisi. There were an estimated 8,000 to 
10,000 Jews in the country. The Jewish community reported one incident 
of anti-Semitic vandalism during the year. On April 1, an anti-Semitic 
leaflet by the political movement Axali Sitkva was distributed in 
Tbilisi metro stations; Tbilisi Jewish leaders saw the leaflet as an 
effort to manipulate nationalist sentiment prior to the May 
parliamentary elections.
    According to the Jewish community, the Ministry of Economy 
transferred another synagogue in Tbilisi to the Jewish community on a 
25-year lease.
    Despite a general tolerance toward minority religious groups 
``traditional'' to the country, including Catholics, Armenian Apostolic 
Christians, Jews, and Muslims, citizens remained apprehensive towards 
``nontraditional'' religions, which were perceived as taking advantage 
of the populace's economic hardships by gaining members through 
economic assistance. Some members of the Orthodox Church and the public 
viewed non-Orthodox religious groups, particularly those considered 
nontraditional groups or sects, as a threat to the national church and 
the country's cultural values, asserting that foreign Christian 
missionaries should confine their activities to non-Christian areas.
    During the year there were five attacks on religious minorities. 
Police were quick to respond to incidents of abuse but slower in their 
follow-up to crimes they viewed as minor ``hooliganism,'' defined as 
actions that violate public order or demonstrate open contempt towards 
society by using violence or threats of violence.
    During the year the Government investigated several cases of 
interference, threats, intimidation, or violence. The Prosecutor 
General's Office elected to exercise prosecutorial discretion to 
emphasize cases arising after 2003, given its limited investigative and 
prosecutorial resources. Investigations prior to 2003 were scheduled to 
continue where feasible, but priority was given to new cases. Religious 
minority groups pointed out that this could lead to the eventual 
elimination of cases that could be investigated under law predating 
2003.
    There were no developments reported in the investigation of two 
instances of violence directed against members of the Jehovah's 
Witnesses in June 2007. During the year there were 15 individual 
attacks on them. In Tbilisi, unidentified persons threw rocks at the 
Jehovah's Witnesses building and, on the same day, threw a bottle at 
Marina Kinkladze, when the latter was cleaning the entrance of the 
building. A criminal case was opened on the grounds of damage to the 
Jehovah's Witnesses' property.
    There were no developments reported in the investigation into the 
May 2007 incident involving unidentified individuals who insulted and 
physically abused Jehovah's Witnesses Davit Shermadini and David 
Karamiani in Gldani, and forcibly took their Jehovah's Witnesses 
literature, destroying it at the scene. At year's end the investigation 
was still underway.
    De facto authorities in the separatist Abkhazia and South Ossetia 
regions remained outside the control of the central government, and 
reliable information from those regions was difficult to obtain. 
Although the ROC recognizes the GOC's authority over churches in the 
separatist regions, the GOC patriarchate claimed that the ROC was 
sending in priests loyal to the church patriarchate in Moscow on the 
pretext of setting up indigenous Abkhaz churches.
    The Russian Holy Synod passed a resolution officially recognizing 
GOC jurisdiction over Abkhazia and South Ossetia during the year. On 
November 4, a GOC delegation traveled to Russia at the invitation of 
the Russian Orthodox Church. Talks focused on jurisdiction issues.
    A 1995 decree issued by the de facto leader of Abkhazia prohibiting 
Jehovah's Witnesses in the region remained in effect but was not 
enforced. During the year members of Jehovah's Witnesses reported no 
problems in Abkhazia, where the group had approximately 1,500 members', 
but they were not conducting their services openly in Abkhazia. 
Although Baptists, Lutherans, and Roman Catholics reported they were 
allowed to operate in the region, the GOC reported that it was unable 
to do so.
    In South Ossetia, Orthodox believers were not able to conduct 
services in Georgian Orthodox churches located near the villages of 
Nuli, Eredvi, Monasteri, and Gera because these areas were under the 
control of Ossetian de facto authorities.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in providing 
protection and assistance to IDPs, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    De facto authorities in the separatist regions of Abkhazia and 
South Ossetia, and Russian troops in parts of Georgia occupied during 
the August conflict, restricted freedom of movement. Checkpoints 
operated by de facto militia and Russian troops often obstructed 
citizens' internal movement in these regions and between these regions 
and areas controlled by the Georgian government. In June, Abkhaz de 
facto authorities closed the ceasefire line to all civilian vehicular 
traffic.
    Following the August hostilities, Russian and South Ossetian forces 
occupied villages outside of the South Ossetian and Abkhazian 
administrative boundaries. By October 10, Russian and irregular forces 
had, for the most part, pulled back to pre-conflict positions. Major 
exceptions included a Russian checkpoint outside the village of Perevi 
and a significant Russian and Ossetian presence in the Akhalgori 
valley. The valley, which the Georgian government had governed since 
1991, is populated predominantly by ethnic Georgians. Russian forces 
severely limited movement in and out of the valley; international 
observers were generally unable to gain access. Ossetian authorities 
reportedly exerted pressure on local residents, especially younger 
ones, to accept Ossetian authority and Russian passports or leave.
    On October 7, Parliament passed the Law on Occupied Territories, 
which put limits on the movement of foreigners in and out of Abkhazia 
and South Ossetia. It also imposed special requirements on those 
conducting economic activities in the territories. At year's end, there 
were no reports of any international humanitarian organizations being 
unduly restricted by the law.
    An Abkhaz ``citizenship'' law allows dual Russian-Abkhaz 
citizenship but not dual Georgian-Abkhaz citizenship, although this law 
was not strictly enforced. Abkhaz efforts to compel the acceptance of a 
different (usually Russian) passport did not center on the Gali region. 
Most IDPs who returned retained their Georgian citizenship. However, 
ethnic Georgians living in Abkhazia were required to acquire Abkhaz 
citizenship to open businesses, bank accounts, vote in elections, and 
own property.
    Abkhaz de facto militia conducted searches of local populations and 
erected arbitrary checkpoints. Money and valuables were extorted from 
ethnic Georgians accused of violating the identity document 
requirements.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--According to the Ministry for 
Refugees and Accommodation, before the August armed conflict there were 
approximately 235,000 IDPs from earlier conflicts in 1992 and 1993. 
According to UNHCR, approximately 134,597 persons were displaced or 
affected during the August conflict.
    In South Ossetia, de facto authorities obstructed the return of 
approximately 37,500 ethnic Georgians to the region following the 
August conflict. South Ossetian de facto authorities insisted that IDPs 
could only return to the region if they renounced Georgian citizenship, 
took South Ossetian citizenship, and had not participated in the 
conflict.
    At year's end, 102,800 IDPs had returned to their homes in the 
areas adjacent to the conflict areas, leaving approximately 30,552 
persons in collective centers or with host families who were unable to 
return due to the outcome of the fighting in August. At year's end the 
Government had constructed or repaired 5,400 houses and flats in 
Mtskheta, Shida Kartli, and Kvemo Kartli regions; 18,000 IDPS had been 
assigned durable housing, and 14,000 had moved. By year's end, 1,000 
IDPs had applied for cash reimbursements as an alternative to housing 
assignments. Total government assistance was 242.75 million lari 
(approximately $145.7 million).
    In a December 16 report, the Council of Europe's Commissioner for 
Human Rights, Thomas Hammarberg, expressed serious concern that despite 
the international community's substantial assistance, the Government 
had not provided adequate living conditions and support to a number of 
those displaced by the August conflict.
    Abkhaz de facto authorities continued to prevent repatriation of 
the approximately 235,000 IDPs displaced by the 1992-93 war, despite 
their 1994 agreement with Georgia, Russia, and the UNHCR, which called 
for the safe, secure, and voluntary return of IDPs who fled during the 
war. Approximately 40,000 IDPs, many working as seasonal laborers, 
returned to the Gali region of Abkhazia, but Abkhaz de facto 
authorities refused to allow the return of IDPs to other regions of 
Abkhazia.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 UN 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. However, in its November report, the UN 
Human Rights Committee expressed concern that current legislation did 
not fully ensure respect for non-refoulement and recommended additional 
legislation and procedural safeguards, training for border guards, and 
a mechanism to speed referral of asylum seekers. The Government granted 
refugee status and asylum.
    There were approximately 1,000 registered refugees from Chechnya 
settled in the Pankisi valley in the eastern part of the country. 
International humanitarian organizations' assistance to refugees in the 
Pankisi valley was sporadic, with UNHCR taking the lead to assist with 
the integration of the remaining refugees into Georgian society. During 
the year, there were no instances of refoulement.
    The majority of the Chechen refugees lived with the local Kist 
population; only 15 percent were sheltered in communal centers.

    Stateless Persons.--According to UNHCR, there were 1,544 registered 
stateless persons in the country at the end of the year, most of whom 
resided in Tbilisi. Among those registered as stateless documentation 
was poor. The number of registered stateless persons may include 
Chechens who volunteered for repatriation to Russia but were denied 
because they had never been registered in Russia and did not have 
documented Georgian citizenship. This confusion was compounded by 
persons who lived in the unrecognized, separatist regions.
    The law allows for acquisition of citizenship by birth, including 
for children of stateless individuals born on Georgian territory. For 
persons born on foreign territory, the law allows the acquisition of 
citizenship through a naturalization process that requires 10 years of 
continuous residence in the country, demonstrated command of the 
Georgian or Abkhaz languages and Georgian history, and demonstrated 
permanent employment or possession of real property.
    Children lacking birth certificates were unable to participate in 
social aid or educational programs. Often children were not registered 
because their parents had no documentation. Beginning July 1, the Civil 
Registry Agency (CRA) launched an intensive registration project in 
Kvemo Kartli to register juveniles and family members who lacked 
identification documents. Birth registration and identification 
documents were to be issued free of cost 'enduring the year. The CRA 
started with the Kvemo Kartli region because research indicated that it 
had the largest number of unregistered residents.
    After independence in 1991, many Roma left the country, although 
several thousand reportedly remained. During the year the European 
Center for Minority Issues estimated the Romani population at 1,500, 
with no more than 300 in any one location. Roma were found principally 
in the Tbilisi, Kutaisi, Kobuleti, Kakheti, and Sukhumi regions. Large 
numbers of Roma came from Abkhazia, from where they had migrated to 
Zugdidi and Tbilisi, while additional Muslim Roma arrived from Armenia 
and Azerbaijan. Internal seasonal migration was noted during the summer 
to the Black Sea coast. Romani IDPs from Abkhazia were not entitled to 
IDP social assistance because they had no documentation to prove their 
status. CRA officials asserted that Roma with out-of-date Soviet 
passports had no difficulty applying for and receiving Georgian 
documents but noted that Roma were often reluctant to file official 
applications for documents.
    Russian recognition of Abkhazia and South Ossetia further 
complicated rules concerning citizenship. Prior to August 26, a de 
facto Abkhaz citizenship law did not allow dual Georgian-Abkhaz 
citizenship. As a result, ethnic Georgians in the separatist region had 
to relinquish their Georgian citizenship in order to vote or 
participate in the political process. Many ethnic Abkhaz relinquished 
Georgian citizenship to acquire Russian citizenship for political or 
economic reasons, or in many instances, under pressure.
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, the Government's record during the year was mixed.
    Controversial 2004 constitutional amendments that strengthened 
presidential powers remained in force during the year. They gave the 
president the ability to dismiss Parliament in two circumstances: if 
the Parliament does not approve the president's cabinet nominations 
after three attempts, the president can dismiss the Parliament and 
appoint the prime minister and cabinet unilaterally; or if the 
Parliament does not pass the budget on time, the president can approve 
the budget by decree. In both instances newly elected parliaments could 
not vote on the cabinet or the budget.

    Elections and Political Participation.--Presidential and 
parliamentary elections were held on January 5 and May 21, 
respectively.
    The OSCE reported that, while the early presidential election in 
January was consistent with most OSCE and Council of Europe standards 
and presented the first genuinely competitive post-independence 
presidential election, it also revealed significant challenges. The 
campaign was overshadowed by allegations of intimidation and pressure. 
The distinction between state activities and the campaign of the ruling 
party incumbent candidate Mikheil Saakashvili was blurred, and the 
election was marred by other shortcomings in the election process, most 
notably flawed vote counting, tabulation, and post-election complaints 
and appeals procedures.
    The May 21 parliamentary elections originally scheduled for later 
in the year were brought forward following a plebiscite held 
simultaneously with the January 5 presidential election. The OSCE 
assessed that authorities and other political stakeholders made 
significant efforts to conduct these elections in line with OSCE and 
Council of Europe commitments; however, according to the OSCE, a number 
of problems made this implementation uneven and incomplete. The OSCE's 
final report noted shortcomings in vote counting, tabulation, and in 
the handling of election complaints. The OSCE also reported widespread 
allegations of intimidation and pressure on opposition activists, 
public-sector employees, and others in the presidential and 
parliamentary elections. There also were credible allegations that 
there was pressure on businesses to contribute to ruling party election 
campaigns.
    Following opposition protests in November 2007, the Government 
agreed to change the composition of the Central Election Commission 
(CEC) to include six members appointed by opposition parties. One 
member was appointed by the ruling United National Movement (UNM) and 
the other six were appointed by the president and Parliament under the 
previously existing procedure. The opposition also appointed members to 
all precinct election commissions; however, the midlevel district 
election commissions remained without opposition representation. In the 
run-up to the May parliamentary elections, multiparty composition of 
election administration was implemented at all levels, including the 
district election commissions, and Parliament passed an amendment to 
lower the threshold for party representation from 7 to 5 percent of the 
parliamentary election results. Prior to this reform, the president and 
Parliament appointed a new chairman of the CEC, but opposition parties 
alleged that the appointee was selected in advance by the president and 
that the process was therefore not consistent with the transparent 
procedure provided for in the electoral code. In its final report on 
the parliamentary elections, the OSCE reported flaws in the conduct of 
election commissions.
    In advance of the elections, the Parliament restructured the 
incoming Parliament: the new Parliament consisted of 75 majoritarian 
deputies elected in single-mandate constituencies and another 75 
deputies elected through a proportional party-list system. As the 
OSCE's final parliamentary elections report stated: ``The election 
system was modified without reaching a consensus between the UNM and 
opposition parties...Opposition parties had strongly opposed single-
mandate constituencies, which they saw as benefiting the UNM, given the 
fragmentation of the opposition, and had favored regional proportional 
constituencies.''...The Unified Election Code (UEC) ``does not require 
single-mandate constituencies to be of equal or comparable size. In 
these elections the number of voters in individual election districts, 
which as a rule coincide with the administrative districts, ranged from 
around 6,000 to over 140,000. Such large variations undermined one of 
the main principles of electoral rights, namely the equality of the 
vote. In amending the constitution and the UEC, Parliament did not try 
to address this imbalance.''
    There were no government restrictions on political party formation 
beyond registration requirements; according to the Ministry of 
Justice's Registration and Licensing Department, there were 189 
registered political parties, of which 179 were active. However, some 
members of the political opposition were subjected to beatings after 
the May 21 parliamentary elections. There were reports that politically 
active persons who were not members of the ruling party experienced 
problems such as selective prosecution for corruption. On July 15, 
Parliament passed an amendment to the election law that denied six 
opposition parties state funding based on their refusal to take their 
seats after the parliamentary elections. Some opposition political 
members stated they were being punished by the Government for their 
failure to participate in the new Parliament. On December 30, 
Parliament restored political party funding to opposition parties and 
endowed a foundation that will provide funding to all political parties 
for research and training.
    On July 8, the ECHR ruled there had been a violation of the Labor 
Party's right to stand for election under protocols of the European 
Convention on Human Rights in the 2004 parliamentary elections. The 
ECHR called for the Government to award the Labor Party 1,043 euros 
(approximately $1,460) for costs and damages. The court stated that the 
exclusion of two electoral districts, Kobuleti and Khulo, from the 
general election process in 2004 had failed to comply with a number of 
rule-of-law requisites and resulted in what was effectively a 
disfranchisement of a significant section of the population, about 
60,000 voters. As of January 16, the Ministry of Finance claimed they 
had paid the Labor Party this judgment via electronic transfer.
    At year's end the Government had not determined the identity and 
the whereabouts of the persons who in 2005 severely beat Valeri 
Gelashvili, then an opposition member of Parliament. Opposition parties 
alleged that the authorities retaliated against Gelashvili's criticism 
of President Saakashvili and his family.
    There were seven women in the 150-seat Parliament. A woman was one 
of seven vice-speakers, and another woman was the chair of the 
procedural committee in Parliament.
    There were five members of minority groups in Parliament: two 
Armenians and three Azeris. As a result of 2006 local government 
reforms, the number of seats held by ethnic minorities in municipal 
councils was commensurate with the ethnic population in each region of 
the country. Higher-level city managers included ethnic minority 
leaders among their ranks.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. While the Government implemented 
these laws effectively against low-level corruption, which decreased as 
a result of high profile reforms led by the president, some NGOs 
alleged that senior-level officials engaged in corruption with 
impunity. The World Bank's worldwide governance indicators reflected 
that corruption was a serious problem.
    There was a general consensus among public officials and civil 
society organizations that levels of petty corruption fell after the 
2003 Rose Revolution. In spite of this, high-level corruption remained 
a persistent concern, and observers considered the official 
anticorruption campaign too heavily focused on prosecution as opposed 
to prevention and too ad hoc rather than systemic and participatory in 
nature.
    A number of politically active defendants in corruption cases 
alleged that they were victims of selective prosecution (See Section 
1.d.).
    On July 30, the Ministry of Internal Affairs' Constitutional 
Security Department arrested the deputy economic development minister, 
Beka Okrostsvaridze, and deputy head of the Ministry of Economic 
Development's Privatization Department, Lasha Moistsrapishvili, on 
charges of taking bribes. In connection with the case, Tamaz Machaladze 
was arrested for bribing the officials in an attempt to purchase state-
owned land and buildings along the Rustavi-Tbilisi highway. The 
investigation was still underway at year's end.
    In September 2007, Mikheil Kareli, the former mayor of Shida Kartli 
region, was arrested and charged with bribery and illegal business 
practices. Earlier several officials from the local administration, 
including Gori Governor Vasil Makharashvili, Deputy Chairman of the 
City Council Nugza Papunashvili, and Gaioz Dzanadia, were reported 
arrested on corruption charges. Kareli was released on bail later that 
month. In November 2007, the prosecution filed four additional charges 
against Kareli. Kareli failed to appear to face charges, and a warrant 
was issued for his arrest. On April 29, the courts filed an indictment 
to try Kareli in absentia in Gori district; the trial was ongoing at 
year's end. On July 23, French authorities arrested Kareli in France, 
and Georgian authorities requested his extradition to Tbilisi. At 
year's end French authorities had released Kareli on his own 
recognizance and were reviewing the extradition request. The press 
reported that Kareli had requested political asylum.
    In 2006, the Ministry of Internal Affairs opened a criminal case 
that involved the company Colizeum Ltd. and Kutaisi public officials. 
The ministry charged the deputy mayor of Kutaisi, the acting head of 
the Service of Territorial Administration, and fifteen members of the 
Kutaisi mayor's office with neglect of official duty and exceeding the 
limits of official authority. All were accused of forging documents 
that paid Colizeum Ltd. more than 553,392 lari (approximately $335,000) 
above the actual price for reroofing damaged houses in the city. In 
October 2007 all persons charged in the investigation were found 
guilty, fined, and released on probation. They also were denied the 
right to hold public office for three years.
    In May 2007, David Kekua, the deputy head of the general inspection 
department of the Ministry of Internal Affairs, was charged with 
planting evidence during a high-profile murder investigation and held 
in pretrial detention. In October 2007 he was found dead in his cell in 
Tbilisi Prison Number 7. Observers were concerned that at year's end 
the investigation into his death was still pending.
    The law provides for public access to government meetings and 
documents; however, the Government sometimes did not provide access. 
Although the law states that a public agency shall release public 
information immediately or no later than 10 days from request, the 
release of requested information could be delayed indefinitely, and 
requests were sometimes ignored in practice.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigations 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. However, while some 
NGOs enjoyed close cooperation with the Government and officials were 
cooperative and responsive to their views, others complained of not 
having sufficient access to government officials.
    The major human rights problems that caused tensions between the 
Government and NGOs during the year were the mistreatment of prisoners, 
inconsistency of the bail system, intimidation and use of government 
resources during the presidential and parliamentary campaigns, violence 
against opposition figures with no accountability, violations of rights 
to property, politically motivated arrests, and lack of accountability 
for the use of excessive force by the police in November 2007.
    The UN and the OSCE monitored only sporadically in the separatist 
conflict areas due to a lack of access, limited staff, and poor 
security conditions but provided periodic findings, reports, and 
recommendations. The situation became more difficult after the August 
conflict, as Russian troops refused or restricted observers' entry to 
South Ossetia and Abkhazia as well as to other areas of Georgia where 
allegations of ethnically motivated attacks persisted.
    Some NGOs continued to view the Office of the Public Defender as 
the most objective of the Government's human rights bodies. Public 
Defender Subari began to align himself with the opposition in the 
middle of the year and participated in several rallies with them. The 
constitutionally mandated office monitored human rights conditions and 
investigated allegations of abuse. The office generally operated 
without government interference and was considered effective, with some 
exceptions. While the Government continued to fund the office, it did 
not increase its funding during the year.
    There were no developments reported during the year in the office 
of the prosecutor's criminal investigation into Public Defender 
Subari's allegation that Ministry of Internal Affairs' special 
operations unit members beat and injured him when he tried to prevent 
an altercation between demonstrators and unit members during the 
November 2007 protests in Tbilisi.
    As required by law, Public Defender Subari submitted biannual 
reports to Parliament. However, his presentation to Parliament, 
originally scheduled for December 2007, was postponed at least twice. 
Subari maintained that authorities delayed his report because the 
contents were critical of government actions against protestors in 
November 2007. On July 15, Subari presented a report to Parliament that 
covered 2007 and focused on the excessive use of violence by the police 
against protesters in November 2007; declining freedom of the press and 
respect for the right to assemble; decreased respect for rule of law 
with regard to property rights; and the importance of settling disputes 
between the Armenian and Georgian churches. His December 30 
presentation covered the first six months of the year and focused on 
similar themes but addressed perceived political persecution of 
opposition candidates and allegations of electoral fraud. Subari 
reiterated that the Government had still not properly investigated 
beatings that occurred in 2007.
    Following the January election, the public defender's office asked 
the CEC for videotapes from voting precincts where observers noted 
problems. Eventually, the public defender received some but not all of 
the tapes he requested, and only much later following an intense public 
dispute. The CEC was slow to deliver tapes, stating that it did not 
have time to review hundreds of minutes of hundreds of tapes.
    The public defender's authority does not include the power to 
initiate prosecutions or other legal actions. The public defender 
objected to Ministry of Justice regulations prohibiting the use of 
cameras and recorders in the penitentiary system as an obstacle to 
substantiating claims of prison abuse.
    The parliamentary Committee on Human Rights and Civil Integration, 
the Ministry of Internal Affairs' Human Rights Division, and the 
National Security Council's human rights advisor had mandates to 
investigate claims of abuse. By law the prosecutor general is charged 
with protection of human rights and fundamental freedoms; the 
prosecutor general's human rights protection unit is the reporting and 
monitoring arm of the legal department and has no independent 
investigative powers. The human rights unit focused on curbing abuses 
by law enforcement officials.
    The UN human rights office in Sukhumi continued to monitor respect 
for human rights in Abkhazia and to visit detention facilities in the 
region. In 2007, Abkhaz de facto authorities agreed to permit a UN 
human rights officer's presence and the deployment of three UN civilian 
police in the Gali sector headquarters; these deployments subsequently 
occurred. The OSCE human rights officer was not allowed access into 
South Ossetia for monitoring after the August conflict.
Section 5. Discrimination, Societal Abuse, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, religion, 
disability, language, or social status; however, the Government did not 
always enforce these provisions effectively.

    Women.--Rape is illegal, but spousal rape is not specifically 
addressed by criminal law. Criminal cases of rape generally could only 
be initiated following a complaint by the victim. A first-time offender 
may be imprisoned for up to seven years; a repeat offender or 
perpetrator against multiple victims may receive up to 10 years. If the 
victim becomes pregnant, contracts HIV/AIDS, or is subjected to extreme 
violence, the sentence may be increased to 15 years or, if the victim 
is a minor, up to 20 years. During the year, 100 rape cases were 
registered, of which 66 cases were investigated and 22 were sent to 
court. Observers believed many instances of rape were unreported due to 
the social stigma for victims and because police did not always 
investigate reports of rape.
    Domestic and other violence against women was a problem. According 
to Ministry of Internal Affairs statistics, police responded to 2,576 
cases of family conflicts during the year, compared to 2,056 cases in 
2007.
    Domestic violence is legally defined as a violation of the 
constitutional rights and liberties of one member of a family by 
another through physical, psychological, economic, or sexual violence 
or coercion; however, domestic violence is not specifically 
criminalized. Perpetrators of domestic violence were prosecuted under 
existing criminal provisions, such as battery or rape. The law allows 
victims to file immediate protective orders against abusers and police 
to issue temporary restrictive orders against persons suspected of 
abusing a family member. Restrictive orders were issued in 141 cases 
during the year. The temporary order is approved by a court within 24 
hours and becomes a protective order that prohibits the abuser from 
coming within 310 feet of the victim and from using common property, 
such as a residence or vehicle, for six months. The victim may ask 
authorities to extend the protective order indefinitely. The Ministry 
of Internal Affairs has developed the form required by law for police 
to issue restrictive orders, but training for police in this area was 
lacking outside of Tbilisi.
    A local NGO operated a hot line and a shelter for abused women, 
although services were limited due to a lack of funding and facilities.
    On December 26, Presidential Decree 625 directed the establishment 
of an interagency council to address domestic violence and coordinate 
the activities of ministries and NGOs to combat the problem.
    Kidnapping of women for marriage was not widespread. Such 
kidnappings often were arranged elopements. Police rarely took action 
in these cases, although the law criminalizes kidnapping. A local NGO 
in the Samtskhe-Javakheti region maintained a hot line and shelter to 
assist victims of attempted kidnappings, who were often rejected by 
their families after escaping from the kidnapper.
    Prostitution is illegal but was widespread, particularly in 
Tbilisi. Several NGOs claimed that prostitution remained common due to 
continuing poor economic conditions.
    Sexual harassment and violence against women in the workplace were 
problems. The law prohibits sexual harassment; however, the Government 
did not effectively enforce the law, and complaints were rarely 
investigated.
    The law provides for the equality of men and women; however, in 
practice this was not enforced. NGOs stated that discrimination against 
women in the workplace existed but instances were never reported. The 
speaker of Parliament continued to chair a Gender Equity Advisory 
Council, which included members of Parliament as well as 
representatives from the executive branch, the public defender's 
office, and NGOs. The State Commission on Gender Equity was chaired at 
the deputy state minister level and prepared recommendations on the 
implementation of international agreements and conventions on gender 
equity. Within the public defender's office, there is a special group 
dedicated to women's and children's issues.
    Women's access to the labor market improved; however, women 
remained primarily confined to low-paying and low-skilled positions, 
regardless of their professional and academic qualifications, and 
salaries for women lagged behind those for men. As a result, many women 
sought employment abroad. According to the UN Development Program, 
employers frequently withheld benefits for pregnancy and childbirth.

    Children.--The law provides for the protection of children's rights 
and welfare, but the Government provided limited services.
    Romani children were usually born at home, and their parents 
frequently did not register their births with the Government. Since 
official identification is required to receive medical treatment and 
other public services, the lack of identification and the reluctance of 
parents to apply for such services deprived many Romani children of 
access to medical and other services.
    Education was officially free through high school, but in practice 
a lack of resources inhibited schools' functioning and affected the 
quality of education in some areas, especially in the separatist 
regions of Abkhazia and South Ossetia. In some areas school facilities 
were inadequate and lacked heating, libraries, and blackboards. Most 
parents were obliged to pay some form of tuition to support the 
schools. Many parents were unable to afford books and school supplies, 
and in some cases students were forced to drop out due to an inability 
or unwillingness to pay tuition. According to the Ministry of 
Education, the situation in schools improved in terms of heating, 
though school inventories of such supplies as blackboards remained 
problematic in some schools. Approximately 55 schools were damaged 
during the August conflict. IDP shelters were established in 165 
schools, 169 kindergartens, and nine higher education institutions. 
Some continued to be housed there, which delayed the fall opening of 
schools in Tbilisi and Gori.
    There were some reports of child abuse, particularly of street 
children, although there was no societal pattern of such abuse. 
Incidents of sexual exploitation of children, particularly girls, were 
reported. Commercial sexual exploitation of children and child 
pornography are punishable by up to three years' imprisonment. 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 before returning them to 
their guardians. Street children and children living in orphanages were 
reportedly particularly vulnerable to trafficking.
    Difficult economic conditions contributed to the number of street 
children. During the year the NGO Save the Children estimated that 
there were 1,600 street children in four major cities, of whom 800 were 
in Tbilisi. The NGO Child and Environment and the Ministry of Education 
each operated a shelter in Tbilisi, but the two shelters could 
accommodate only a small number of street children. The Government took 
little other action to assist street children. According to a 2006 UN-
sponsored report prepared by the Minnesota Advocates for Human Rights, 
the Education Ministry viewed street children as a local issue that 
should be addressed by municipalities, not the ministry.
    There were unconfirmed reports of police violence against street 
children, but the patrol police routinely transferred street children 
to a 24-hour care center or orphanage. The center lacked resources for 
treatment and rehabilitation of the children, many of whom were 
substance abusers or suffered from mental disorders.
    Ongoing conflicts in Abkhazia and South Ossetia kept thousands of 
children displaced; following the August conflict with Russia, these 
numbers became even more acute. Even before the conflict, the UN 
Children's Fund reported that health services in both regions were 
scant, immunization rates were lower than elsewhere in the country, 
schools were deteriorating, and malnutrition was a serious problem.
    Orphanages were unable to provide adequate food, clothing, 
education, and medical care; and facilities lacked heat, water, and 
electricity. Staff members reportedly often diverted for personal use 
money and supplies provided to orphanages.

    Trafficking in Persons.--The law prohibits trafficking in persons; 
however, there were reports that women and girls were trafficked from 
and within the country for commercial sexual exploitation, and labor 
and men were trafficked from the country for labor.
    The country was a country of origin, possibly transit, and very 
rarely a destination for trafficked persons. Women were trafficked from 
the country to Turkey and the United Arab Emirates to work in hotels, 
bars, restaurants, or as domestic help. Many were exploited in the 
adult entertainment sector or forced into prostitution. Victims most 
frequently came directly from Tbilisi or the impoverished former 
industrial centers of Kutaisi and Rustavi. Local NGOs reported that men 
were trafficked to Russia and other destinations to work in 
construction, agriculture, and other manual labor. There also was 
evidence women from other countries of the former Soviet Union were 
trafficked through the country to Turkey.
    Children were seldom trafficking victims, although street children 
and children living in orphanages were vulnerable. Conditions for 
trafficked laborers and women trafficked into prostitution were 
extremely poor.
    Some reports indicated that IDPs were a particular target of 
traffickers. Following the August conflict with Russia, there was 
concern that the 30,000 newly displaced persons could be vulnerable to 
trafficking; however, there was no evidence of increased trafficking 
activity involving IDPs at year's end.
    The Government does not have control over the separatist regions of 
Abkhazia and South Ossetia and was unable to carry out investigations 
into allegations of trafficking in the separatist regions of Abkhazia 
and South Ossetia.
    Traffickers were largely freelance domestic operators with 
connections outside the country; there were also some small 
international operators. They often used offers of employment from 
friends and families or offers of overseas jobs from tourism or 
employment agencies to lure potential victims.
    The criminal code prohibits trafficking in persons for sexual 
exploitation, labor, and other forms of exploitation. Trafficking in 
adults is punishable by seven to 20 years in prison. Trafficking in 
minors is punishable by a prison sentence of eight years to life, under 
aggravated circumstances. Minors are defined as anyone under the age of 
18. The code prohibits internal and external trafficking and makes no 
distinction between the two.
    The law provides for confiscation of assets of convicted 
traffickers and member of their families if the assets were acquired 
through trafficking in persons. Such assets are to be used to satisfy 
the needs of the trafficking victim, with any remaining assets going to 
the state. A victim can also claim civil damages from the trafficker 
during the criminal proceedings. The law criminalizes the use of 
services of a (statutory) trafficking victim, which is punishable by 
three to 15 years' imprisonment.
    As of year's end, the courts had opened 16 new criminal trafficking 
investigations. During the year the courts rendered seven judgments 
against 10 perpetrators; one of the cases involved trafficking in 
minors. The sentences of those convicted ranged from nine to 10 years 
in prison. None of the cases involved government officials or 
international organization employees.
    An interagency antitrafficking coordination council served as the 
overall coordination mechanism for antitrafficking measures by state 
agencies. National NGOs and international organizations were actively 
involved in the work of the council, which met quarterly. In July 2007, 
the council approved a strategy for rehabilitating and reintegrating 
trafficking victims into society. The strategy was the final document 
in a series providing the framework for assistance to, and protection 
of, trafficking victims. The prosecutor general's office, the State 
Fund, international organizations, and local NGOS jointly implemented 
the strategy, which called for individual victims to receive a specific 
rehabilitation plan according to their needs. The State Fund for Victim 
Protection and Assistance oversees the design and implementation of 
individual plans.
    The Government operated shelters in Batumi and Tbilisi and a hot 
line for trafficking victims. The country has a system for protecting 
and providing rehabilitation opportunities for trafficking victims and 
integrating them back into society.
    A robust public information campaign continued into its third year, 
ensuring that information about trafficking was widely available 
through law enforcement agency Web sites, public service announcements, 
antitrafficking television programming, and brochures at the country's 
main ports of entry. In addition, local and international NGOs 
continued their own initiatives to combat trafficking, including 
holding seminars and public awareness events. These efforts were 
supported by the other members of the interagency coordination council.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities, although in practice the problem was 
a low priority for the Government. Discrimination against persons with 
disabilities in employment, education, access to health care, and in 
the provision of other state services was a problem, and societal 
discrimination existed. The administrative code mandates access to 
buildings for persons with disabilities and stipulates fines for 
noncompliance. However, very few, if any, public facilities or 
buildings were accessible.
    The Government took some steps to address the needs of persons with 
disabilities during the year. In March, the National Agency of Public 
Registry of the Ministry of Justice hired six persons with disabilities 
as part of a telephone consulting service that provided information 
about how to apply for rights and registration. As part of the pilot 
program, persons with disabilities were provided training and office 
equipment that permitted them to work from home. In the same month, 40 
new buses equipped with a vertical lift to assist travelers with 
disabilities were added to the municipal bus fleet in Tbilisi.
    According to official data for the year, the country had 160,638 
persons with disabilities. Data from 2007 indicated that there were 
11,024 children with disabilities in the country, although the actual 
number was thought to be higher.

    National/Racial/Ethnic Minorities.--The law requires that all 
government officials speak Georgian, the state language, which some 
minorities claimed excluded them from participating in government. Some 
government materials distributed to the public were only available in 
the Georgian language. Authorities asserted the Government was not 
obliged to provide all official materials in minority languages. 
Ballots and election materials were made available in minority 
languages during presidential and parliamentary elections during the 
year. In 2007, the Ministry of Education translated textbooks in 
minority languages (Armenian, Azeri, and Russian) for the first, 
seventh, and tenth grades. During the year textbooks were translated 
for second, eighth, and eleventh grades. The textbooks were being 
introduced in minority schools in minority regions and Tbilisi.
    Ethnic Georgians living in the Gali region of Abkhazia had no legal 
access to education in the Georgian language. In practice, teachers who 
did not speak Abkhaz instructed students in Georgian. However, those 
who did were often subject to harassment and prosecution by Abkhaz de 
facto authorities.
    In the ethnic Armenian-dominated region of Akhalkalaki, many ethnic 
Armenians asserted that the Government should allow Armenian to have 
provincial language status, as very few persons there spoke Georgian 
and were therefore unable to conduct daily affairs in Georgian. They 
also complained that the Government did not provide Georgian language 
instruction. Ethnic Azeris had similar complaints in the ethnic Azeri-
dominated region of Kvemo Kartli.
    On July 22, Vaagan Chakhalian and Ruben Chakhaliani, both members 
of United Javakh, a local NGO that calls for autonomy for ethnic 
Armenians in the country, were charged with violating public order, 
resisting arrest, threatening law enforcement officers, and illegally 
possessing firearms. In 2006, the men attempted to break into the 
Akhalkalaki municipal building, wounding police in the process. A third 
person was also at the scene; a criminal case against him was ongoing 
at year's end, although he had not been officially charged or arrested.
    Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians 
usually communicated in their native languages or in Russian in the 
areas where they are the dominant ethnic group. The law requires that 
ethnic minority students learn Georgian as a second language, and the 
Government funded over 200 primary and secondary Russian, Azeri, and 
Armenian language schools for persons whose first language was not 
Georgian. The Zurab Zhvania School of Public Administration based in 
Kutaisi provided courses specifically for students from minority areas. 
The school also facilitated integration of future public servants from 
minority areas into Georgian society at large. In Tbilisi, a large 
majority of ethnic minority groups communicated in Georgian in their 
daily affairs.
    The Government took several steps to integrate ethnic minority 
communities better through Georgian language instruction, education, 
involvement in political dialogue, and better overall access to 
information. During the year the General Skills National Examinations 
for university enrollment were provided in minority languages for the 
first time. The Government increased its efforts to provide Georgian 
language instruction to members of ethnic minorities serving in the 
armed forces and police.
    In July 2007, Parliament approved a law on the repatriation of the 
Muslim Meskhetian population, a national minority group that Stalin 
deported in 1944. The legislation was a response to commitments that 
the country made to the Council of Europe in 1999 to provide for the 
resettlement of the Meskhetians by 2011. Passage of the law allowed the 
Government on January 1 to begin accepting applications for 
repatriation from Meskhetians with documents that confirm their 
deportation. Passage of the law came under heavy criticism from 
opposition members of Parliament and the media, which pointed to the 
delicate ethnic and demographic balance in areas once inhabited by 
Meskhetians but which have become populated by a sizeable ethnic 
Armenian community. More than 1,700 Meskhetians had filed for 
repatriation by year's end. Unofficially, more than 150 returned over 
the last three years, quietly settling in Akhaltsikhe and Abastumani. 
On December 26, Parliament voted to extend the application period until 
July 1, 2009.

    Other Societal Abuses and Discrimination.--While there are no laws 
that criminalize homosexual behavior, it was not widely accepted in 
society.
    The law expressly prohibits discrimination on the basis of HIV/AIDS 
status; however, there is no penalty for violating this prohibition. 
NGOs reported that social stigma resulted in individuals avoiding 
testing or obtaining treatment for fear of discrimination. Some health 
care providers, particularly dentists, often refused to provide 
services to HIV-positive persons. Individuals often concealed their 
HIV-positive status from employers for fear of losing their jobs.
Section 6. Worker Rights
    a. The Right of Association.--The law allows all workers, including 
government employees, to form and join independent unions of their 
choice, and they did so in practice. However, the law restricts the 
right of employees of law enforcement agencies and the prosecutor 
general's office to form and join unions. Labor unions stated that 
provisions of the labor code limit the mechanisms available for them to 
exercise their rights. Labor unions' most frequent demand was for the 
creation of an eight-hour workday with double pay for overtime. The 
labor code stipulates an eight-hour day unless the employee and 
employer agree to other arrangements. Critics asserted that this gave 
too much power to employers, since there was a shortage of jobs in the 
country. They also cited as unreasonable the requirement that 100 
employees are needed in order to form a sectoral union.
    The principal association of unions is the Georgian Trade Union 
Confederation (GTUC), which represented unions in 26 sectors with over 
261,750 unionized workers, according to GTUC information. There were a 
few small unions for civil servants, agricultural workers, and artists, 
but they did not participate in GTUC. Although many employees in large-
scale enterprises were unionized, their power was not commensurate with 
their large membership. Only a minority of the members were active in 
the labor movement. Critics believed that this gave management a free 
hand.
    The law allows unions to conduct their activities without 
interference. The law provides for the right to strike; however, the 
law limits the maximum length of strikes to 90 days. In general workers 
exercised their right to strike in accordance with the labor code. 
Employers must sanction the strikes, and strikers must provide written 
notification three days in advance and a one-hour warning before the 
strike. In practice, strikes were rare. GTUC asserted that the rarity 
of strikes was due to restrictive rules and workers' fear of losing 
their jobs.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is recognized by law, and the law provides punishments for 
those who refuse to take part in negotiations; however, the Government 
did not always protect this right in practice. The ombudsman's office 
noted the fact that employers were not required to provide notice to 
employees in the event of termination of the labor relationship as one 
of the major deficiencies of the labor code. The practice of collective 
bargaining was not widespread. During the year the GTUC administered 
approximately 115 collective bargaining agreements as well as three 
sector-level agreements. Poor management and leadership, as well as a 
general lack of familiarity with the collective bargaining process, 
limited its scope.
    The law prohibits employers from discriminating against union 
members or union-organizing activities, and employers may be prosecuted 
for violations and forced to reinstate employees and pay back wages. 
Despite this law, the GTUC and its national unions continued to report 
some cases of management warning staff not to organize trade unions.
    During the year GTUC alleged several instances in employers 
threatened union members with dismissal for union activity. In December 
2007, union members were fired from their jobs in Poti for union 
activity and their union office sealed. After negotiations between the 
port authorities and the union, most workers were reinstated, and the 
office reopened. Eleven workers were not reinstated, and the union 
filed a lawsuit, which it lost in court. There were continuing reports 
that some workers complained of being intimidated or threatened by 
employers, including public sector employers, for union organizing 
activity. Affected workers included teachers; employees of various 
mining, pipeline, and port facilities; and the Tbilisi municipal 
government. According to the GTUC, there were 70 dismissals during the 
year that could clearly be attributed to trade union membership. In 
other cases, it was not possible to prove that the ground for dismissal 
was GTUC membership, as contracts in most industries were short term 
(as short as one month) and expiration of contract could be cited as 
the reason for termination of employment. There were a few cases of 
employers failing to transfer compulsory union dues, deducted from 
wages, to union bank accounts, but the disputes were resolved after 
discussions between the unions and employers.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that women and 
children were trafficked from and through the country for commercial 
sexual exploitation and men were trafficked for labor (See Section 5).
    NGOs and trade unions objected to a provision in the labor code 
that permits compulsory labor in instances of emergency and natural 
disaster but does not require remuneration to persons who are 
conscripted. Also, the labor code provides that an employer may change 
hours of work by 90 minutes without renegotiating the terms of any 
labor contact. NGOs stated that this provision would effectively 
require employees to work overtime without compensation in violation of 
the prohibition against compulsory labor in the constitution.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace; however, there were reports that children were sometimes 
trafficked for commercial sexual exploitation.
    The public defender's office noted that one of the major 
deficiencies of the labor code was insufficient attention to the rights 
of minors. With high unemployment resulting in a large pool of adult 
workers willing to work for low wages, child labor was uncommon in the 
country. The Ministry of Health, Labor, and Social Affairs is 
responsible for enforcing laws regulating child labor. Although 
official data was not available, child labor was not generally 
considered a serious problem. In one survey conducted in 2007, 
approximately 77.4 percent of working children were employed 
intermittently on family farms, while 18.4 percent worked in family 
enterprises.
    During the year the Government, employers union, and trade union 
confederation signed a long-awaited tripartite agreement, which was 
seen as a positive development. The agreement, however, had yet to be 
implemented at year's end.
    The minimum legal age for employment is 16. 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 ages 16 to 18 are subject to reduced working hours and are 
prohibited from working at night. The labor code permits employment 
agreements with persons under the age of 14 in sports, arts, and 
cultural activities and for the performance of advertising services. 
The Department of Social Protection in the Ministry of Health and 
Social Security is charged with identifying labor violations, receiving 
complaints, and determining compliance with labor laws and regulations. 
The Department of Social Protection had only two office employees and 
one labor inspector working on labor-related issues nationwide. It 
generally responded only to job-related accidents. In addition, one 
deputy minister and a special advisor to the minister focused on labor 
problems. The ministry monitors adherence to accepted labor standards 
and drafts proposals as necessary. The parliamentary Committee on 
Health and Social Security has general oversight over labor policy and 
considers labor-related proposals submitted by the ministry.

    e. Acceptable Conditions of Work.--Neither the minimum wage for 
public employees, 115 lari per month (approximately $70), nor the 
statutory minimum wage for private sector workers, approximately 20 
lari per month (approximately $12), provided a decent standard of 
living for a worker and family. The minimum wage was below the average 
monthly wage in both the private and the Government sectors. The 
official minimum subsistence levels at year's end were 130 lari ($79) 
for a single person and 230 lari ($139) for a family of four. 
Unreported trade activities, assistance from family and friends, and 
the sale of homegrown agricultural products often supplemented 
salaries. The Ministry of Labor, Health, and Social Affairs is 
responsible for enforcing the minimum wage. The GTUC had its own 
inspector to monitor compliance.
    The labor code provides for a 4-hour workweek and for a weekly 24-
hour rest period, unless otherwise provided by a labor contract. The 
public defender's office noted inadequate attention to the rights of 
pregnant women as one of the major deficiencies of the labor code. The 
code does not protect pregnant women from being dismissed from work 
while they are on maternity leave. The labor code provides that, unless 
otherwise addressed by an employment agreement, the duration of the 
business day is determined by the employer but should not exceed 41 
hours a week. Break and leave are not included in the work time. 
Duration of leave between workdays (shifts) should not last fewer than 
12 hours. The labor code provides that to avoid natural disasters or 
prevent industrial accidents or to resolve the consequences of either 
event, employees must work overtime without compensation. Pregnant 
women or women who have recently given birth are prohibited from 
working overtime without their consent. Overtime is defined as work 
that exceeds the work hours addressed in the employment agreement. If 
the employment agreement does not specify business hours, then overtime 
is considered to be performance exceeding 41 work-hours per week. Terms 
of overtime labor are defined by the parties.
    The Government set occupational health and safety standards, but 
the public defender's office listed failure to ensure safe conditions 
for workers as one of the major deficiencies of the labor code. The law 
permits higher wages for hazardous work and provides workers the right 
to remove themselves from situations that endanger health or safety 
without jeopardizing their continued employment. In practice employees 
rarely, if ever, took advantage of these protections.

                               __________

                                GERMANY

    Germany is a constitutional parliamentary democracy with a 
population of approximately 82 million. Citizens periodically choose 
their representatives in free and fair multiparty elections. The head 
of the federal government, the chancellor, is elected by the Bundestag 
(federal parliament). The second legislative chamber, the Bundesrat 
(federal council), represents the 16 states at the federal level and is 
composed of members of the state governments. The Basic Law 
(constitution) sets forth the powers of the chancellor and of the 
legislative branch. The most recent national elections for the 
Bundestag took place in 2005. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens. The Government limited the freedoms of speech, press, 
assembly, and association for groups deemed extremist. There was 
governmental and societal discrimination against some minority 
religious groups. Harassment of racial minorities and foreigners, anti-
Semitic acts, violence against women, and trafficking in persons were 
problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.
    On March 12, the Muenster Regional Court issued judgments against 
the remaining 10 defendants of the 18 military instructors on trial 
since March 2007 for degrading treatment of subordinates at an army 
garrison in Coesfeld in 2004. The court acquitted four defendants for 
lack of evidence and sentenced five noncommissioned officers to 
suspended prison terms of 10 and 22 months. The court ordered the 
commander, an army captain, to pay 7,500 euros ($10,500). The public 
prosecutor appealed three of the verdicts (two acquittals and one 
fine).

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers; however, one reported 
incident and conditions in some facilities were causes for concern.
    On December 9, the Dessau regional court acquitted two police 
officers of causing bodily harm with fatal consequences and involuntary 
manslaughter in the death of Oury Jalloh from Sierra Leone, who died in 
2005 when his cell in a Dessau police station caught fire. The public 
prosecutor and the joint plaintiffs in the case appealed the decision 
to the Federal Supreme Court. The appeal was pending at year's end.
    In April 2007 the Council of Europe's Committee for the Prevention 
of Torture (CPT) reported on its 2005 visit to the country's prisons 
and detention facilities. The CPT received no allegations of recent 
physical mistreatment of persons during their period of custody in 
police establishments. However, the CPT reported a number of 
allegations of excessive use of force by police officers. The CPT 
criticized the conditions under which one prison held immigration 
detainees and raised concerns about the level of violence and 
intimidation among prisoners observed at three prisons. The CPT also 
expressed concern about inadequate prison staffing. The Government 
responded in detail to the CPT's recommendations, comments, and 
requests for information in its report to the CPT in April 2007.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police and the Federal Criminal 
Investigative Service. The Government has effective mechanisms to 
investigate and punish abuse and corruption. No cases of impunity 
involving the security forces were reported during the year.

    Arrest and Detention.--Authorities may only arrest an individual on 
the basis of a warrant issued by a competent judicial authority unless 
the police apprehend a suspect in the act of committing a crime or have 
strong reason to believe that the individual intends to commit a crime. 
Authorities generally promptly informed detainees of charges against 
them. The law entitles detainees to prompt access to an attorney. For 
all offenses that proceed to trial, the law provides for all accused 
persons to have access to a lawyer. 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. To continue holding a detainee, police 
must bring the detainee before a judge and the court must charge the 
individual at the latest by the end of the day following the arrest. 
The court must then issue an arrest warrant stating the grounds for 
detention; otherwise, the court must order the individual's release. 
Authorities generally respected these rights in practice.
    Police may detain known or suspected criminals for brief periods 
when they believe such individuals intend to participate in illegal or 
unauthorized demonstrations.
    Although the law does not allow courts to punish persons twice for 
the same crime, it allows for ``subsequent preventive detention.'' In 
cases involving rape, homicide, or manslaughter, courts may order 
offenders to serve supplemental detention. Such preventive detention 
requires a court finding, based on at least one expert opinion, that 
the convicted person could pose a danger to the public. Such detention 
may last indefinitely.
    Detainees employed bail infrequently. Authorities usually released 
detainees unless there was a clear risk that they might flee the 
country. In such cases authorities could hold detainees for the 
duration of the investigation and subsequent trial. Such decisions are 
subject to judicial review, and time spent in investigative custody 
applies towards any eventual sentence. If a court acquits a defendant 
who was incarcerated, the Government must compensate the defendant for 
financial losses as well as for ``moral prejudice'' due to the 
incarceration.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Heavy 
caseloads at times delayed court proceedings. For simple or less 
serious cases, procedures exist for an accelerated hearing and summary 
punishment at the local court level. These procedures are limited to 
cases for which the maximum sentence is not greater than one year. 
Courts generally suspended one year sentences and placed the convicted 
individuals on probation.
    Trials are public; juries are not used. Either one judge, a panel 
of professional judges, or a mixed panel of professional and lay judges 
try cases, depending on the severity of the charges. The law requires 
defendants to be present. Defendants have the right to consult with an 
attorney in a timely manner. The Government provides an attorney at 
public expense if defendants demonstrate financial need. Defendants may 
confront or question witnesses against them and present witnesses and 
evidence on their behalf. Defendants and their attorneys have access to 
all court held evidence relevant to their cases. They also enjoy a 
presumption of innocence and have a right of appeal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary in civil matters provides access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation. Administrative remedies for alleged wrongs are available as 
well.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and authorities 
generally respected these prohibitions; however, members of 
organizations that were monitored by the federal (FOPC) and state 
offices for the protection of the constitution (OPCs) charged that 
these agencies violated their privacy. For example, in June 2007 the 
Left Party caucus in Lower Saxony's parliament initiated legal 
proceedings against the Lower Saxony OPC, accusing that office of 
illegally observing the caucus and individual members. The case was 
pending at year's end.
    On January 17, the Cologne Administrative Court ruled that the 
observation by the FOPC of a specific member of the Bundestag from the 
Left Party since 1999 was illegitimate considering his status as 
parliamentarian, his party functions, and his actual political 
activities. The politician had claimed that the observation of the FOPC 
impaired his work as a parliamentarian. The court pointed out that this 
ruling only referred to the specific case and did not refer to the Left 
Party as a whole or parliamentarians in general.
    In investigations of certain serious crimes, law enforcement 
officials may monitor the telecommunications of suspects, but only with 
court approval. In intelligence related cases, such as suspicion of 
involvement in terrorism, the law permits intelligence services to 
engage in surveillance activities, such as monitoring 
telecommunications, without court approval; however, an independent 
commission elected by a parliamentary control body has to approve such 
activities.
    On February 27, the German Constitutional Court declared 
unconstitutional parts of a law that had been introduced in the state 
of North Rhine-Westphalia in 2006 allowing security officials to carry 
out online searches of computers in serious criminal and terrorism 
investigations. The court ruled that such searches interfere with an 
individual's personal freedoms pursuant to the constitution and are 
therefore only permitted for compelling reasons, such as actual threats 
to life or liberty or to the foundation of the state. Furthermore, the 
court ruled that legal safeguards must exist that protect the ``core 
areas of private life.''
    On November 6, the Constitutional Court further limited the 
Government use of saved telecommunications data. In an interim decision 
against the January law, the court ruled that data can be transmitted 
only from telecommunication companies to the police if required to 
prevent an immediate threat to life or serious injury, to a person's 
freedom, or to the security of the country. The court's final decision 
on more detailed criteria for data filing was still pending 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; while the Government generally respected these 
rights, it imposed limits aimed at groups deemed extremist.
    Distribution of the propaganda of proscribed organizations is 
illegal, as are statements inciting racial hatred, endorsing Nazism, 
and denying the Holocaust.
    On October 8, the trial of a prominent member of the right-wing 
extremist National Democratic Party (NPD), Horst Mahler, began in the 
Potsdam regional court for incitement of hatred and was ongoing at 
year's end. During the ongoing trial, he repeatedly denied the 
Holocaust-a criminal offense in Germany.
    On April 28, a regional court in Erding convicted Mahler of 
incitement and denial of the Holocaust and sentenced him to 10 months 
in prison. In a November 2007 interview with Michel Friedman, former 
vice president of the Central Council of Jews in Germany, Mahler had 
greeted him with ``Heil Hitler, Herr Friedman.'' The court used this 
affront, among others, as the basis for its ruling.
    On July 21, the Cottbus Regional Court sentenced Mahler in an 
appeals procedure to eleven months in prison for displaying the Hitler 
greeting at the start of his 2006 custody. For this offense he received 
a prison sentence of seven months.
    Apart from these limitations, an active independent media expressed 
a wide variety of views without government restriction.

    Internet Freedom.--Access to the Internet was widely available and 
unrestricted in most respects, and most individuals and groups could 
engage in the peaceful expression of views via the Internet, including 
by e mail, with some limitations on access and expression.
    Federal and state laws permitted OPCs to monitor the private e 
mails and chat rooms of individuals and groups under OPC surveillance; 
an independent commission elected by a parliamentary control body was 
responsible for oversight of such activities. The law prohibits access 
to material such as child pornography and Nazi propaganda.
    Access to the Internet was widely available.

    Academic Freedom and Cultural Events.--There were few government 
restrictions on academic or cultural events; however, the law bans Nazi 
propaganda, material denying the Holocaust, and pornography.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice. However, the Government 
prevented certain prohibited organizations from holding public 
assemblies.
    Permits must be obtained for open air public rallies and marches, 
and state and local officials have authority to deny permits when 
public safety concerns arise or when the applicant is a prohibited 
organization. Denials were rare but did occur.
    On June 25, the Federal Administrative Court upheld the ban on a 
march in Wunsiedel in 2005 commemorating the death of Rudolf Hess, 
former deputy to Adolf Hitler.
    On October 1, Bavaria enacted a law prohibiting right-wing 
extremists from gathering or demonstrating on certain historic dates or 
in certain places of historic significance, such as concentration camp 
memorials.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right in 
practice; however, the law permits the prohibition of organizations 
whose activities have been judged illegal or opposed to the 
constitutional democratic order. While the Federal Constitutional Court 
is the only body that may prohibit political parties on these grounds, 
federal or state governments may prohibit or restrict other 
organizations, including groups that authorities classified as 
extremist or criminal in nature; organizations have the right to appeal 
prohibition or restrictions.
    On January 8, the trial of one member of an elite police unit began 
in a Frankfurt court. Authorities began an investigation of three men 
for alleged neo-Nazi affiliations in March 2007 but only brought one of 
the men to trial. He was accused of treason, possession of an illegal 
weapon, and posing for a picture in an SS uniform, then signing the 
picture ``Adolf Hitler.'' The trial lasted only one session before the 
case was dismissed.
    On May 7, the Interior Ministry banned the right-wing extremist 
organization ``Collegium Humanum (CH),'' including its branch 
organization ``Bauernhilfe e.V.'' (Farmers' Aid), as well as an 
organization called ``Verein zur Rehabilitierung der wegen Bestreiten 
des Holocausts Verfolgten'' (Association for Rehabilitation of Those 
Persecuted for Denying the Holocaust). In connection with the ban, the 
police searched approximately 30 locations of the organization 
nationwide (with a focus on North Rhine-Westphalia, Lower Saxony, and 
Hesse) and confiscated material. The Ministry of the Interior banned 
the associations for opposing the constitutional order of the country, 
disseminating anti-Semitic propaganda, glorifying the Nazi 
dictatorship, and continually denying the Holocaust.
    On October 9, the federal interior minister initiated police 
searches in 14 federal states (out of the 16) of some 100 offices and 
apartments used by the right-wing extremist youth organization 
``Heimattreue Deutsche Jugend'' (HDJ). According to press reports, the 
search provided evidence that the group is a successor organization of 
the so-called ``Wiking Jugend,'' which authorities banned in 1994.
    On August 6, the Dresden District Court sentenced the two leaders 
of Sturm 34, captured in an April 2007 raid, to three and three-and-a-
half years in prison, respectively, for a series of assaults in Saxony. 
However, the court acquitted five others on charges of forming a 
criminal organization. The prosecuting authorities appealed this 
acquittal. The trial of 10 other individuals connected to Sturm 34 
began on October 1 and was ongoing at year's end.
    Federal and state OPCs responsible for examining possible threats 
to the constitutional democratic system monitored several hundred 
organizations. Monitoring generally consisted of collecting information 
from written materials and firsthand accounts; however, OPCs could 
employ more intrusive methods, including the use of undercover agents 
who were subject to legal checks. OPCs published lists of monitored 
organizations, including left-wing political parties.
    Although the law stipulates that OPC monitoring must not interfere 
with an organization's activities, representatives of monitored groups 
complained that the publication of the organizations' names contributed 
to prejudice against them. For example, in North Rhine-Westphalia, Pro-
Koeln, a citizen's group known for its opposition to the construction 
of a mosque in the city of Cologne, frequently challenged the 
publication of its name in the annual North Rhine-Westphalia OPC report 
as evidence of prejudice.

    c. Freedom of Religion.--The Basic Law provides for freedom of 
religion, and the Government respected this right in practice with some 
exceptions; however, discrimination against certain religious 
minorities remained a problem.
    Religion and State are separate, although historically a special 
partnership exists between the State and those religious communities 
that have the status of a ``corporation under public law.'' If they 
fulfill certain requirements, including assurance of permanence and 
size of the organization, and do not demonstrate disloyalty to the 
State, religious organizations may request ``public law corporation'' 
(PLC) status, which, among other things, entitles them to levy taxes on 
their members, which the State then collects as part of the overall 
taxes. Organizations pay a fee to the Government for this service, and 
not all PLCs availed themselves of this privilege. The decision to 
grant PLC status is made at the state level, and there have been cases 
where states have denied this status to an applicant. For example, to 
date, only the State of Berlin has granted the Jehovah's Witnesses PLC 
status.
    While the federal government has encouraged the states to grant PLC 
status to Muslim communities, the federal government preferred that the 
Muslim community designate a single organization with which federal and 
state authorities can negotiate. To date few Muslim organizations have 
applied for PLC status. In some cases intra Muslim disputes prevented 
organizations from establishing their right to represent that 
community.
    The Muslim Coordination Council, a coalition of the four largest 
Muslim religious organizations in the country, was in the process of 
registering as a PLC at year's end despite government reservations that 
the organization represented only 10 to 15 percent of the Muslim 
population.
    The states of Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hesse, 
Lower Saxony, North Rhine-Westphalia, and Saarland prohibit teachers in 
public schools, but not civil servants in general, from wearing 
headscarves. The courts have consistently rejected legal challenges to 
the prohibition.
    The Government continued to deny recognition of some belief 
systems, including Scientology, as religions; however, the absence of 
recognition did not prevent their adherents from engaging in public and 
private religious activities.
    Federal and some state authorities continued to classify 
Scientology as a potential threat to democratic order, resulting in 
discrimination against Scientologists in both the public and private 
sectors. Scientology members reported the use of so-called ``sect 
filters'' by many associations and organizations, where eligibility for 
membership is contingent upon applicants confirming that they do not 
belong to the Church of Scientology. On June 27, the Hamburg 
Administrative Court fined the city of Hamburg 5,000 Euros ($7,000) for 
violating a 2006 court decision banning the use of ``sect filters.'' 
The Hamburg Interior Ministry's Working Group on Scientology continued 
to maintain links to sample filters for use by businesses.
    The FOPC and the state-level OPCs in Baden-Wuerttemberg, Bavaria, 
Berlin, Bremen, Hamburg, and Lower Saxony kept the Church of 
Scientology under ``observation'' (surveillance) based on a stated 
concern that its teachings and practices contravene the democratic 
constitutional order or violate human rights. The courts have 
considered but rejected cases brought by the Church of Scientology to 
force the federal- and state-level domestic intelligence agencies to 
halt surveillance of the church.
    On November 21, the conference of state interior ministers decided 
not to consider a ban of the Church of Scientology, citing insufficient 
legal evidence to support such an approach. Nonetheless, in its report 
the ministers concluded that Scientology had little in common with the 
country's democratic constitution and that its goals were 
``incompatible with the essential characteristics of a free and 
democratic basic order.'' Therefore, the FOPC also recommended 
continued observation of the organization's activities.
    Scientologists continued to report instances of official and 
societal discrimination during the year.
    In September the Hamburg Interior Ministry's Working Group on 
Scientology hosted a seminar critical of Scientology entitled ``That is 
Scientology! Reports from the U.S.A.'' for an audience that included 
representatives of state ministries of interior, education, and social 
affairs as well as participants from Belgium and France.
    Some religious groups expressed opposition to the Government's 
prohibition of home schooling. During the year local authorities 
brought criminal charges against some parents who refused to enroll 
their children in government-licensed schools for religious reasons. In 
a December case, a Saxony court dropped neglect charges against the 
Brause family after the children passed government-administered written 
examinations. State authorities generally permitted groups to establish 
private schools so long as such schools met basic curriculum 
requirements.

    Societal Abuses and Discrimination.--There were reports of 
continuing societal discrimination and hostility toward some minority 
religious groups, including anti-Semitic acts; the Government took 
measures during the year to address these problems. The federal 
government also promoted tolerance by establishing regular dialogues on 
the integration of minorities and immigrants and on Islamic issues 
between cabinet-level officials and representatives of immigrant and 
Muslim groups. For example, the launch of the German Islam Conference 
in 2006 established for the first time a nationwide action framework 
for the fostering of relations between the State and Muslims. In 2007 
the federal government adopted the National Integration Plan with 750 
million euros ($1 billion) of funding to promote integration. On 
November 4, the Bundestag adopted a resolution pledging to fight anti-
Semitism and support the continued revival and protection of Jewish 
life in Germany. The resolution also tasked an experts group to report 
regularly on anti-Semitism in Germany and to make recommendations for 
combating anti-Semitism.
    According to preliminary figures provided by the Federal Interior 
Ministry, there were 797 anti-Semitic offenses from January through 
September.
    On November 2, two men shouted anti-Semitic comments at a rabbi and 
eight students traveling with him in Berlin and threw an object at 
their van. The perpetrators confessed and were awaiting further action 
at year's end.
    On January 16, a group of four men unleashed a dog on a group of 
five Jewish teenagers on their way home from a Jewish high school in 
Berlin and taunted them with anti-Semitic slurs. The dog chased one 15-
year-old student into a bakery.
    The most widespread anti-Semitic acts were the desecration of 
Jewish cemeteries. On November 17, according to police reports, a 
passerby discovered the desecration of a Jewish cemetery in Gotha where 
an unknown perpetrator left a pig's head and a cloth with the words ``6 
million lies,'' provoking outrage and strong condemnation from local 
and national politicians. Jewish cemeteries and other monuments were 
also desecrated with graffiti, including swastikas. From July 1 through 
year's end, vandals desecrated Jewish cemeteries and places of worship 
in various locations, including the following cities: Altengronau, 
Berlin, Cottbus, Elmshorn, Erfurt, Guestrow, Perleberg, Westerstede, 
and Weyhers.
    On August 22, vandals painted 11 swastikas on Germany's central 
memorial to the six million Jewish victims of the Holocaust. The 
vandalism came a week after vandals damaged a nearby memorial to gay 
victims of the Nazis.
    The activities of right wing extremist organizations whose 
platforms include anti-Semitism continued to be a concern. The 
Government monitored right wing extremists, conducted investigations 
into anti Semitic crimes, and at times banned extremist groups deemed a 
threat to public order. Authorities sought to address right wing 
extremism by conducting a variety of education programs to promote 
tolerance, many focusing on anti Semitism. For example, from 2001 to 
2006 a total of 4,470 preventive and educational prototype measures and 
projects were promoted, primarily in the sphere of information, with 
total funding of 192 million euros ($270 million).
    On September 19, an estimated 3,000 left-wing activists protested 
an anti-Islamification rally by the right-wing group Pro-Koeln in the 
city of Cologne. Police stated that the left-wing protesters threw 
stones at officers and in some cases tried to steal police weapons. 
Pro-Koeln filed suit against the Cologne law enforcement authorities 
for banning the rally. The suit was pending at year's end.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 generally provided protection 
against the expulsion or return of refugees to countries where their 
lives or freedom would be threatened.
    Although the Government processes refugee and asylum cases 
according to existing law, the approval rate was very low. From January 
through November, authorities processed 19,049 asylum applications. 
Authorities granted 6,605 persons (34.7 percent) refugee protection 
under the Geneva Convention. Of these, 214 persons (1.1 percent) were 
granted asylum under the German constitution, and 6,391 (33.6 percent) 
received refugee protection under article 3 of the law on asylum 
procedures. In addition, the authorities granted 488 persons (2.6 
percent) temporary suspension of expulsion due to the situation in 
their countries of origin or based on other humanitarian grounds. The 
country rejected 6,182 applications (32.4 percent), and ``resolved 
otherwise'' (e.g. procedures were closed or applications withdrawn) 
another 5,774 applications (30.3 percent). All cases in which asylum 
was granted must be reviewed after three years to determine whether the 
grounds for asylum still apply.
    According to the Basic Law, individuals who attempted to enter the 
country through a ``safe country of transit''-a member state of the 
European Union (EU) or a country adhering to the 1951 UN Convention-
were ineligible for asylum and could be turned back at the border or, 
if they had entered the country, returned to that safe country of 
transit.
    As a rule individuals whose applications for asylum the Government 
rejected have up to two weeks to appeal the decision. If the Government 
rejects an application as unfounded, the asylee must lodge an appeal 
within one week. In the latter case, the appeal has no suspensive 
effect. The Government processes the applications of individuals who 
asked for asylum at an international airport and whom authorities found 
to have come from a safe country of origin prior to their entry into 
the country. The same applies to applicants without any passport or 
without a valid passport. In these cases the law requires the Federal 
Office for Migration and Refugees either to make a decision on an 
asylum application within 48 hours or to allow the person to enter the 
country. An applicant has three days to appeal a negative decision to 
an administrative court. The law requires the court to rule within 14 
days or allow the individual to enter the country.
    Local nongovernmental organizations (NGOs) continued to criticize 
these periods of time as insufficient to allow applicants to prepare 
for hearings. In the case of a final rejection of a claim, authorities 
did not allow the individual to enter the country, and he or she had to 
stay at the airport reception center until departure. If it is not 
possible to return the individual within 30 days after arrival, the law 
requires a judicial order in order to keep the individual at the 
airport in the transit zone. The federal government does not maintain 
statistics about detentions in airport facilities.
    To deal with particularly difficult cases, all federal states have 
formed ``commissions on hardship cases,'' composed inter alia of 
representatives from churches, charity organizations, and municipal 
organizations, that could recommend to the authorities to grant 
rejected asylum seekers permission to remain in the country on an 
individual basis.
    Societal discrimination against, and abuse of, refugees and asylum 
seekers occurred.
    On June 30, the regional court in Halle sentenced four young men to 
prison sentences ranging from three years and nine months to five years 
and four months for a January 2007 arson attack against an asylum home 
in Sangershausen. The court sentenced a young woman, who was also 
involved and was a minor at the time, to two years' probation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Basic Law 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.

    Elections and Political Participation.--Elections for seats in the 
Bundestag were most recently held in 2005; they were considered free 
and fair. Political parties operate without restriction or outside 
interference unless they are deemed a threat to the federal 
constitution.
    The federal chancellor is a woman, and there were 197 women in the 
612 seat Bundestag. There were five women, in addition to the 
chancellor, in the 15 member cabinet; three of the 16 judges of the 
Federal Constitutional Court were women.
    There were at least eight members of ethnic minorities in the 
Bundestag and one on the Federal Constitutional Court, but none in the 
cabinet.

    Government Corruption and Transparency.--There were isolated 
reports of government corruption. Parliamentarians are subject to 
financial disclosure laws that require them to publish earnings made in 
outside employment. State prosecutors generally are responsible for 
investigating corruption cases.
    Federal law provides for public access to government information. 
Four states (Berlin, Brandenburg, Schleswig Holstein, and North Rhine 
Westphalia) also have freedom of information laws that provide an 
appeals process.
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 
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, gender, disability, language, or social 
status, and the Government generally enforced these provisions in 
practice. Nonetheless, violence against women and children, trafficking 
in persons, and harassment of racial and religious minorities and 
foreigners were problems.
    The law prohibits discrimination on the basis of ethnicity, 
religious affiliation, age, sex, handicap, or sexual orientation.

    Women.--The law criminalizes rape, including spousal rape, and 
provides penalties of up to 15 years in prison. The Government 
effectively enforced the law. According to national police criminal 
statistics, there were 7,511 cases of rape or serious sexual coercion 
in 2007. The federal government supported numerous projects in 
conjunction with the states and NGOs to deal with violence against 
women, both to prevent violence and to give victims greater access to 
medical care and legal assistance.
    The law prohibits violence against women, including spousal abuse; 
the law may temporarily deny perpetrators access to the household, put 
them under a restraining order, or in severe cases prosecute them for 
assault or rape and require them to pay damages. The law did not 
require a civil court decision for a temporary denial. The Government 
enforced the law; nevertheless, authorities believed that violence 
against women was widespread. Organizations that aid victims estimated 
that one in four to one in five women has been a victim of physical or 
sexual violence.
    Forced marriages are illegal and invalid and may be punished by up 
to five years' imprisonment. While there were no reliable statistics on 
the number of forced marriages in the country, evidence indicated that 
the problem occurred more often in the immigrant Muslim community than 
in the general population. Forced marriages reportedly often led to 
violence. Victims included women and in some cases young men living in 
the country for whom the family brought a husband (or wife) from abroad 
as well as women sent by their families to other countries to marry 
against their will.
    ``Hatun und Can Frauennothilfe,'' a Berlin voluntary NGO assisting 
women threatened by forced marriages, reported that during the year 
approximately 2,000 women approached them anonymously to seek help in 
life-threatening situations. The organization provides advice, physical 
shelter, and financial support.
    On June 18, the Baden Wuerttemberg Ministries for Education and 
Social Affairs began implementing several programs to combat forced 
marriage in the Muslim community. In addition the state government 
continued to discuss the issue with representatives of Muslim 
organizations. The city-state of Hamburg also initiated action programs 
to combat forced marriages, inform the immigrant community, and provide 
support for potential victims.
    On December 16, the Hamburg Higher Regional Court opened 
proceedings against a 24-year-old Afghan national, who was charged with 
murdering his 16-year-old sister on May 15 in an honor killing. The 
defendant stated that his sister had turned away from her family in his 
view, had been dressed inappropriately in public, and that he believed 
she had worked as a prostitute. The case was tied to two other pending 
criminal cases against the defendant for harassment, grievous bodily 
harm, and battery against his sister.
    Prostitution is legal and fairly widespread, although communities 
have the authority to exclude it from specified areas, such as 
residential neighborhoods. There is a legal framework for improving the 
legal and social situation of persons engaged in prostitution that 
gives them the right to enforce contracts and to apply for health 
insurance and other social benefits. Such persons rarely used the 
provisions of the law.
    Sexual harassment of women was a recognized problem. The law 
prohibits sexual harassment and requires employers to protect employees 
from sexual harassment. A variety of disciplinary measures against 
offenders is available, including dismissal. The law considers an 
employer's failure to take measures to protect employees from sexual 
harassment a breach of contract, and an affected employee has the right 
to paid leave until the employer rectifies the problem. There were 
press reports of sexual harassment in the workplace and in public 
facilities. Unions, churches, government agencies, and NGOs operated a 
variety of support programs for women who experienced sexual harassment 
and sponsored seminars and training to prevent it.
    The law provides women the same rights as men. The Federal Ministry 
for Family, the Elderly, Women, and Youth was the primary federal 
agency maintaining oversight of women's rights issues. The law provides 
for equal pay for equal work. Employers generally did not discriminate 
against women in terms of compensation for equivalent work, although 
they were underrepresented in well paid managerial positions and 
overrepresented in some lower wage occupations. In 2007 women earned an 
estimated 22 percent less than men for the same work, largely 
attributable to the fact that more women in the country tended to be 
part-time workers.

    Children.--The Government maintained its strong commitment to 
children's rights and welfare.
    There were no developments in the 2007 European Parliament 
investigation of reports that authorities discriminated against non 
German parents in cases where partners in mixed marriages separated by 
not allowing those parents to have contact with their children. Youth 
welfare officers allegedly interrupted conversations between children 
and parents and threatened to halt contact between them if they 
attempted to converse in a language not understood by the supervisor.
    On August 22, Bavarian police concluded the investigation of a ring 
of child pornographers involving almost 1,000 suspects in the country 
and links to 98 countries. Authorities searched several thousand 
computers and confiscated videos in the course of raids. Legal 
proceedings were continuing and a number of court judgments were 
issued, including an eight-year prison sentence for a man who sexually 
abused his own child. Other perpetrators received prison sentences of 
up to 15 months or fines for possession of child pornography.
    According to the Federal Criminal Office (FCO), there were 15,935 
incidents of sexual abuse against children (up to 14 years of age) in 
2007 compared with 15,996 incidents in 2006. Between 2006 and 2007, the 
number of cases involving the ownership, procurement, and distribution 
of child pornography (photographs and videos) increased by 55 per cent. 
In 2007 the national police investigated 11,357 cases whereas in 2006 
there were 7,318 cases.
    The country was not a destination for child sex tourism.
    The Coalition for Street Children (Buendnis fuer Strassenkinder) 
estimated that there were up to 9,000 street children in the country 
during the year. Authorities believed that these children were often 
subjected to violence and abuse and frequently were fleeing violent and 
abusive homes. Street children frequently turned to prostitution for 
income.

    Trafficking in Persons.--The Criminal Code prohibits all forms of 
trafficking in persons; however, there were reports that persons were 
trafficked to, from, through and within the country.
    The country was a transit point and destination for men and women 
trafficked for the purposes of commercial sexual exploitation, and, to 
a lesser extent, forced labor. The largest number of sex trafficking 
victims came from the country and were trafficked within the country. 
Victims of sex trafficking also came from Central and Eastern Europe, 
although authorities also identified African and Asian victims.
    Law enforcement authorities recorded 689 victims trafficked for 
sexual exploitation in 2007 compared to 775 in 2006. Most victims (419) 
were between the ages of 18 and 24; 184 were nationals of the country. 
Approximately 12 percent were under the age of 18, including 39 
citizens. One percent (seven) were under 14 years of age. In 2007 the 
FCO registered 92 labor trafficking investigations pursuant to Section 
233 of the Criminal Code compared to 78 in 2006. Out of 71 suspected 
traffickers, 40 were men, and 59 percent were not of local citizenship. 
The FCO registered 101 victims of labor trafficking in 2007 compared to 
83 in 2006. Of those, 39 victims were male and 62 were female.
    The FCO reported 714 suspected traffickers in 2007. Local citizens 
made up 344, or 48 percent, of the total.
    The law criminalizes trafficking in persons and provides penalties 
of up to 10 years in prison. Courts prosecute trafficking cases at the 
state level.
    Courts convicted 150 traffickers in 2006, including six processed 
in the juvenile justice system, compared with 136 adult and nine 
juvenile traffickers in 2005. The statistics did not include 
convictions of alleged traffickers on nontrafficking charges or 
convictions of traffickers on multiple charges where another charge 
carried a higher maximum penalty than the maximum penalty for 
trafficking. Courts sentenced 49 of the 150 adults convicted in 2006 to 
prison sentences that were not suspended. Courts generally convicted 
those receiving suspended sentences of playing an auxiliary role in 
trafficking operations and subsequently required them to perform 
community service, pay penalties, and, in many cases, meet regularly 
with a parole officer.
    The antitrafficking office of the FCO cooperated with Europol and 
Interpol law enforcement authorities. Federal ministries coordinated 
antitrafficking efforts on the international, national, and state 
levels.
    In September the Federal Court of Justice confirmed the April 2007 
Hamburg District Court verdict against a trafficker who received a 
suspended sentence of one year and 10 months for trafficking and 
exploitative pimping. Prosecutors accused the ringleader and nine 
codefendants of controlling 198 prostitutes in Hamburg's red light 
district.
    On September 16, Hamburg police raided 12 apartments, three 
companies, a bar, and a safe deposit box as part of a nine- month 
investigation of 14 men they claimed were trafficking underaged boys 
from Bulgaria to Hamburg for pornography and sexual exploitation. 
Officers confiscated computers and DVDs during the raid and arrested 
one of the suspects. On September 15, police took another suspect into 
custody for committing child sexual exploitation.
    On July 2, the Verden Regional Court sentenced two local men to 14 
years and 12 and one half years respectively for trafficking in 
persons, forced prostitution, kidnapping and rape. Both must also pay 
their five female victims 150,000 euros ($211,460). The victims were 
German and Bulgarian and all were resident in the country. The culprits 
lured the women-who had sought jobs as baby sitters, nannies and 
cleaning personnel-under false pretenses and then used violence to 
abduct them.
    On the basis of cooperation agreements between law enforcement 
offices and NGOs, police notify a counseling center of trafficking 
victims and inform victims of their rights and options for seeking 
assistance. The centers provided shelter, counseling, interpreting 
services, and legal assistance.
    In 12 of the 16 federal states, there were cooperation agreements 
between police, state welfare agencies, and NGOs to strengthen the 
delivery of welfare services to victims. The federal and state 
governments worked with NGOs and local women's shelters to identify and 
assist victims of sex and labor trafficking, with the states 
contributing to funding more than 30 NGO counseling centers for 
trafficking victims.
    The Government paid the basic cost of repatriating trafficking 
victims. The International Organization for Migration administered and 
facilitated assistance to returning victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law requires that the Federal 
Government Commissioner for Matters relating to Disabled Persons be the 
principal contact person in all matters related to persons with 
disabilities and be specifically responsible for protecting the rights 
of persons with disabilities. In addition the Ministry of Labor and 
Social Affairs, the Ministry for Family Affairs, Senior Citizens, Women 
and Youth, and the Ministry of Transportation, Construction and Housing 
have responsibility for addressing the needs of persons with 
disabilities.
    The law prohibits discrimination against persons with physical or 
mental disabilities in employment, education, access to health care, 
and the provision of other state services, and the Government 
effectively enforced these provisions.
    Government guidelines were in place for barrier free public 
buildings and for modifications of streets and pedestrian traffic walks 
to accommodate persons with disabilities. All 16 states have 
incorporated the federal guidelines into their building codes. Almost 
all federal buildings (98 percent) complied with the guidelines for a 
barrier free environment.

    National/Racial/Ethnic Minorities.--Harassment, including beatings, 
of foreigners and racial minorities remained a frequent problem 
throughout the country.
    On January 2, police in Braunschweig arrested two men and charged 
them with a brutal, racially motivated attack on two young Syrians. The 
police described the two suspects as active in a local hooligan gang, 
but stated they were not politically neo-Nazis. The investigation was 
ongoing at year's end.
    Hamburg's Minister of Justice and the city district director met 
with Reeperbahn club owners on October 27 to discuss discriminatory 
practices by doormen. At the beginning of September Awol Allo, a young 
Ethiopian human rights lawyer participating in the International 
Tribunal for the Law of the Sea's summer program, claimed that doormen 
at the popular Reeperbahn clubs and discos denied him entry because of 
his skin color. Club owners claim that there are only isolated cases of 
discrimination and that their doormen attempt to keep the bars safe.
    There were no developments in the March 2007 cases in which unknown 
persons vandalized four immigrant owned stores in Rheinsberg, and two 
unidentified persons physically attacked and shouted racial epithets at 
two asylum seekers from Chad and Cameroon in Cottbus.
    There was no further information on the continuing investigation 
into the October 2007 case involving the verbal harassment and beating 
of an African-American in Berlin Spandau in which the police arrested 
four juvenile male attackers.
    The state district attorney continued to investigate seven persons 
involved in the August 2007 case in Muegeln in which 40 to 50 young 
persons took part in a fight with eight residents from India. The 
altercation developed into a riot with significant injuries, property 
damage, and several convictions.
    There were no developments in the December 2007 case in which three 
men of European appearance allegedly attacked a 47-year-old Jordanian, 
beating and castigating him for being either a Jew or an Arab, 
according to press reports.
    There was no further information on the continuing investigation 
into the December 2007 attack against several Iraqis in Magdeburg while 
traveling on a bus. The state prosecutor was still investigating three 
suspects at year's end.
    The FCO defines politically motivated crimes as offenses related to 
the victims' ideology, nationality, ethnicity, race, skin color, 
religion, worldview, ancestry, sexual orientation, disability status, 
appearance, or social status. The FOPC report listed 180 right wing 
extremist organizations and groups. Authorities estimated membership in 
these groups, plus right wing extremists who were unorganized, to be 
31,000 at the end of 2007. In 2007 the FOPC recorded 17,176 right wing 
``politically motivated crimes'' (PMCs) with an extremist background, a 
decrease of 2.4 percent from 17,597 incidents in 2006. Of these 
offenses, 980 were violent, compared with 1,047 in 2006, a decrease of 
6.4 percent. Approximately 414 (484 in 2006), or 42.2 percent, of the 
right-wing violent offenses had an extremist and xenophobic background, 
while perpetrators directed 294, or 30 percent, against (alleged) left 
wing extremists (2006: 302, or 28.8 percent). Left wing groups 
committed 2,765 PMCs, foreigners committed 747 PMCs, and there were 121 
other types of PMCs with extremist backgrounds.
    To address right wing extremism, authorities at all levels of 
government conducted a variety of educational programs to promote 
tolerance, many focusing on anti Semitism and xenophobia. Government 
agencies cooperated with NGOs in the formulation and administration of 
these programs. Following the 2007 attack on eight Indians in Muegeln, 
the federal government announced that it would increase funding for 
programs to combat right wing extremism by 5 million euros ($7 
million), in addition to a comparable increase in October 2006.

    Other Societal Abuses and Discrimination.--Media and other reports 
indicated that societal and job related discrimination against 
homosexuals occurred, although such instances were rare. National 
criminal statistics do not include a category of hate crimes against 
homosexuals. However, in Berlin the police registered an increase in 
antihomosexual hate crimes, with 43 cases reported in 2007, compared 
with 28 in 2006.
    At year's end a Magdeburg court continued to try four right-wing 
extremists accused of a 2006 attack in Halberstadt on a group of actors 
still costumed from their performance of The Rocky Horror Picture Show.
    There was discrimination against persons with HIV/AIDS. The 
Government worked with NGOs, religious groups, and business to educate 
the public about HIV/AIDS and its prevention.
Section 6. Worker Rights
    a. The Right of Association.--The Basic Law provides for the right 
of employees to form and join unions of their choice without excessive 
requirements or previous authorization, and workers exercised this 
right. Approximately 22 percent of the workforce was organized into 
unions. The overwhelming majority of organized workers belonged to 
eight unions largely grouped by industry or service sector and 
affiliated with the German Trade Union Federation, the country's main 
trade union umbrella organization. The law permits unions to conduct 
their activities without interference, and the Government generally 
protected this right in practice.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right to collective bargaining, and the Government 
generally protected this right in practice. Collective bargaining 
agreements covered approximately 63 percent of the labor force. The law 
provides for the right to strike for all workers except civil servants 
(including teachers) and personnel in sensitive or essential positions, 
such as members of the armed forces. Workers not allowed to strike also 
had legal recourse through the courts to protect their rights. 
Collective bargaining agreements reached with those public service 
workers who had this right were usually extended by legislation to 
those who did not, although such extensions did not always include all 
of the provisions of those agreements.
    Antiunion discrimination and other forms of employer interference 
in union functions did not occur.
    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 men, women, and children were trafficked for sexual 
exploitation. Incidents of labor exploitation occurred mainly in 
restaurants against illegal residents working there and against 
domestic household workers.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There is comprehensive legislation to protect children from 
exploitation in the workplace and the Government enforced these laws. 
The law prohibits the employment of children under the age of 15, with 
a few exceptions. Children who are 13 or 14 years of age may do farm 
work for up to three hours per day or may deliver newspapers for up to 
two hours per day, while children who are three to 14 years of age may 
take part in cultural performances under stringent curbs on the kinds 
of activity, number of hours, and times of day. Abusive child labor was 
not a serious problem, although violations did occur, mainly in small, 
often family owned, businesses such as pubs, restaurants, and grocery 
stores.
    The Federal Ministry of Labor and Social Affairs effectively 
enforced the law through its Factory Inspection Bureau.

    e. Acceptable Conditions of Work.--The country does not have a 
minimum wage except for construction workers, electrical workers, 
janitors, roofers, painters, and letter carriers. In July the cabinet 
agreed after extensive political debate to introduce minimum wage 
regulations in more sectors of the labor market, but ruled out 
introduction of a universal minimum wage. Covering an estimated 60 
percent of all wage and salary-earners, the collective bargaining 
agreements set minimum pay rates and are enforceable by law. Individual 
contracts or company-level contracts negotiated by worker 
representatives who are not necessarily members of unions covered the 
remaining 40 percent.
    Federal regulations limited the workweek to 48 hours, but 
collective bargaining agreements may stipulate lower maximums. 
Contracts that directly or indirectly affected 80 percent of the 
working population regulate the number of hours of work per week. 
According to the European Labor Force Survey, an average employee's 
working week was 30.4 hours for women and 40.9 hours for men in 2007; 
rest periods for lunch were accepted practices. Provisions for 
overtime, holiday, and weekend pay varied depending upon the applicable 
collective bargaining agreement.
    An extensive set of laws and regulations governs occupational 
safety and health. A comprehensive system of worker insurance carriers 
enforced safety requirements in the workplace. The Ministry of Labor 
and Social Affairs and its counterparts in the states effectively 
enforced occupational safety and health standards through a network of 
government bodies, including the Federal Institute for Occupational 
Safety and Health. At the local level, professional and trade 
associations-self governing public corporations with delegates 
representing both employers and unions-oversee worker safety. The law 
provides for the right to refuse to perform dangerous or unhealthy work 
without jeopardy to continued employment.
    The law provides for equal treatment of foreign workers, who 
generally worked in conditions equal to those of citizens; however, 
such workers faced some wage discrimination. For example, some schools 
paid foreign teachers less than their citizen counterparts. Employers 
also often paid lower wages to seasonal workers from Eastern Europe who 
came to the country on temporary work permits. Employers paid workers 
from other EU countries the same wages they would receive in their home 
country, even if the corresponding citizen worker would receive a 
higher wage.

                               __________

                                 GREECE

    Greece is a constitutional republic and multiparty parliamentary 
democracy with an estimated population of 11 million. In September 2007 
the New Democracy Party won a slim majority of seats in the unicameral 
Vouli (parliament) in free and fair elections, and Konstantinos 
Karamanlis remained the prime minister. Civilian authorities generally 
maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Human rights 
abuses reported during the year included: reports of abuse by security 
forces, particularly of undocumented immigrants and Roma; overcrowding 
and harsh conditions in some prisons; detention of undocumented 
migrants in squalid conditions; some legal restrictions on freedom of 
speech (although not enforced in practice); restrictions and 
administrative obstacles faced by members of non-Orthodox religions, 
including serious delays in receiving permits; detention and 
deportation of unaccompanied or separated immigrant minors, including 
asylum seekers; failure to provide adequate protection to victims of 
domestic violence; discrimination against Romani children in education; 
exploitation of Romani children through begging and forced labor; 
trafficking in persons; limits on the ability of ethnic minority groups 
to self-identify; and discrimination against and social exclusion of 
ethnic minorities, particularly Roma. A large number of Roma lacked 
access to adequate housing, basic medical care, public services, and 
employment 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 that the Government or its agents committed any politically 
motivated killings during the year; however, a police officer killed 
one person.
    On December 6, a police officer killed 15-year-old Alexandros 
Grigoropoulos in the Exarchia district in Athens, as Grigoropoulos and 
other youths reportedly were throwing rocks at a police vehicle. 
Authorities arrested the officer and his partner in connection with the 
shooting. The officer claimed that he fired warning shots and did not 
aim at Grigoropoulos. Autopsy and ballistics reports, requested by the 
victim's family, indicated that Grigoropoulos was killed by a ricochet 
bullet. The official investigation into the circumstances of the 
shooting was still pending at year's end. The shooting touched off more 
than a month of riots and demonstrations by youths and self-styled 
anarchists in cities across the country that resulted in injuries to 
dozens of civilians and police as well as an estimated 1 billion euros 
(approximately $1.4 billion) in property damage. Both policemen were in 
custody at year's end on as yet undetermined charges.
    In January a special Navy tribunal acquitted the coast officer 
involved in the August 2007 shooting death of a Greek citizen of all 
charges. Prosecutors had charged the officer with ``reckless 
wounding.'' Coast guard officers had fired at the man after he 
reportedly failed to stop for a boat check. He later died in a 
hospital.
    A trial was pending at year's end in the case of a border guard who 
shot and killed an Albanian migrant who was attempting to cross the 
Greek-Albanian border illegally in November 2007.
    In September four Georgian migrants were killed in marked 
minefields in the Evros area on the Greek-Turkish border. During the 
previous 17 years, 72 persons died in the Evros minefields.

    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, during the year 
there was an increase in nongovernmental organization (NGO) reports of 
abuse by police forces and the Coast Guard, particularly of 
undocumented immigrants, asylum seekers, and Roma.
    On December 11, Amnesty International (AI) reported that police 
used unlawful and excessive force against peaceful demonstrators 
protesting the December 6 police shooting of Alexandros Grigoropoulos. 
AI alleged that two of its members were beaten with police batons and 
criticized police for not discriminating between peaceful protesters 
and violent anarchists.
    On February 8, the Council of Europe Committee for the Prevention 
of Torture (CPT) released a report on the visit by a CPT delegation to 
the country in February 2007. The report noted that there had been no 
improvement since the previous CPT visit in 2005 in the treatment of 
persons detained by law enforcement agencies and that the delegation 
received many allegations of mistreatment of detainees by law 
enforcement officials. Most of the allegations consisted of slaps, 
punches, kicks, and blows with batons, inflicted upon arrest or during 
police questioning. In one example, a detainee alleged that he was 
punched in the head and body by officers at the Alexandroupoli police 
station and that officers had threatened to sever his right forefinger 
with pliers. The detainee further stated that, while being held over a 
table by two officers, his trousers were pulled down and he was 
threatened with rape by a third officer. In several cases, CPT medical 
experts examined detainees' wounds and found their allegations to be 
credible and consistent with injuries from slaps, kicks, and baton 
blows.
    NGOs regularly reported that police beat and mistreated immigrants, 
including minors. Human Rights Watch (HRW) reported in November that 
asylum seekers and migrants were regularly beaten during arrest and 
while in detention. The NGO, Network of Social Support to Refugees and 
Immigrants, alleged that incidents of police abuse against foreign 
street vendors occurred almost daily.
    In March the Secretary of the Foreigner Immigrants Union of Larisa 
alleged that he was beaten by Thessaloniki police officers when he 
visited the station to report a problem. He claimed that he was beaten 
on his fingers with an iron bar more than 80 times and that he was 
punched and kicked several times. The victim alerted the Albanian 
consular authorities to the incident and filed criminal charges, which 
were pending in court at year's end.
    In June seven police officers and the director of the Corinth 
police station reportedly tortured and abused a 35-year-old mentally 
ill Romanian national and left him in a field in a remote area. The 
officers involved were suspended and the prosecutor ordered an inquiry 
into possible charges of torture, insult to human dignity, serious 
bodily harm, and theft. The inquiry was pending at year's end.
    In July, according to media reports, the Patras Port Authority 
handcuffed undocumented migrants to public benches and trees outside 
port authority offices. Officials responded that they were handcuffing 
the migrants outside because the detention center had been destroyed by 
an earthquake and was unsafe for the detainees. At year's end the Port 
Authority was using metal containers to hold arrested migrants, a 
practice that NGOs condemned as inhuman and degrading.
    In March two police officers and two border guards were dismissed 
after a video surfaced showing officers abusing two Albanian migrants 
in police custody after their 2006 arrest on drug charges. A video of 
the incident was posted to the Web site YouTube.com and was aired on 
Greek television. Criminal charges against the officers for torture and 
breach of duty were pending at year's end.
    There were multiple reports of the Coast Guard treating 
undocumented immigrants, including minors, in a cruel manner. In 
February AI called for an investigation into the case of 13 Afghan 
migrants, eight of whom were minors, who were allegedly intercepted by 
the Coast Guard, beaten and robbed, put in an inflatable dinghy, and 
forced to return to Turkey. In July undocumented immigrants on the 
island of Samos alleged that they were slapped and beaten during their 
interrogation by coast guard officers. In September immigrant detainees 
in Patras rioted after coast guard officers allegedly seriously injured 
two Afghan migrants. In a December report on unaccompanied migrant 
children, HRW alleged that on multiple occasions coast guard officers 
beat minors after intercepting them at sea.
    There were continued reports of police mistreatment of Roma, and 
human rights advocates accused the court system of failing to prosecute 
abusive police officers. In April the Appeals Court acquitted a police 
officer who had allegedly beaten a Romani man, Theodoros Stefanou, in 
2001 on the island of Cephalonia. At the initial trial, the officer was 
suspended and his three-year prison sentence was commuted to a fine, 
but the victim and a human rights defender claimed that they were never 
summoned to the trial. With legal aid from the Greek Helsinki Monitor 
(GHM), an NGO, in January 2007 the victim took his case to the European 
Court for Human Rights (ECHR), alleging mistreatment, excessive length 
of proceedings, and the failure of the authorities to investigate 
promptly due to his Romani ethnicity. The case was pending at year's 
end.
    In July the United Nations Human Rights Committee (HRC) found that 
the country had violated the provisions of the International Covenant 
on Civil and Political Rights that prohibit torture and establish the 
right to an effective remedy for abuses. The HRC found a lack of a 
proper investigation into the alleged police brutality against ethnic 
Romani citizen Andreas Kalamiotis in 2001, in Athens. The state was 
given six months to provide the victim with an effective remedy and 
appropriate reparation and to report on measures taken to prevent 
similar violations in the future. The Government had not taken any 
remedial measures by year's end.
    The criminal investigation of two police officers on the island of 
Rhodes in connection with the alleged multiple rapes of a Bulgarian 
woman in 2006 and the trial of a homicide police officer for the 
attempted rape of a Greek woman in 2007 were both pending at year's 
end.

    Prison and Detention Center Conditions.--Prison conditions remained 
inadequate due to continued overcrowding and outdated facilities. Some 
prisons and detention centers continued to hold minors in the same 
cells as adults. While prison capacity increased overall, partly due to 
construction during the year of a new prison facility for women in 
Thebes, the number of inmates also grew. The Ministry of Justice 
reported that, as of September, the total prison population was 11,798, 
while the official capacity of the prison system was 7,543.
    The ombudsman for human rights noted during the year that 
overcrowding in prisons had not been addressed and that this was 
leading to disciplinary problems and criminal behavior in the prisons. 
For the third year in a row, the ombudsman formally complained that the 
Ministry of Justice denied his representatives access to prisons and 
detention facilities.
    In November an estimated 8,000 inmates nationwide staged an 18-day 
hunger strike protesting overcrowding in prisons. The protest spurred 
riots and arson attacks by anarchist groups in Athens and Thessaloniki 
in support of the inmates who were on hunger strikes. Prisoners ended 
the strike after the Ministry of Justice announced an early release of 
up to 5,500 prisoners and new measures for improving prison conditions, 
including integrating cumulative disciplinary penalties for prisoners 
and reducing the maximum pretrial detention period from 18 months to 12 
months. The early releases began in December.
    AI, the Office of the UN High Commissioner for Refugees (UNHCR), 
the NGO Pro-Asyl, the government-appointed ombudsman for human rights, 
the European Commission, HRW, and Doctors Without Borders (MSF) noted 
during the year that conditions in detention centers for undocumented 
aliens were unacceptable and amounted to a serious violation of human 
rights. The UNHCR expressed its concern for the situation in some 
Aegean Island detention centers. An MSF fact-finding mission in July 
visited detention centers and expressed its concerns for what it termed 
a ``continuing humanitarian crisis.''
    AI noted in its annual country report, released in May, that an 
increase in the number of deaths in prisons and in police custody 
raised serious concerns about the lack of effective monitoring of the 
handling of detainees and prisoners. AI also reported that minors were 
among the refugees and migrants being held at detention centers.
    The NGO Prisoners' Rights Initiative reported in March that 440 
inmates died in prisons and police detention centers between 1997 and 
2007. Although some deaths were drug-related or self-inflicted, there 
were also cases in which the circumstances were disputed, and the 
authorities were indifferent to the lives of inmates.
    In June the ECHR ruled against the Government in the case of an 
inmate held in prison for trafficking antiques and drug possession. The 
ECHR concluded that authorities had not fulfilled their obligation to 
safeguard the inmate's health by providing him the appropriate medical 
care and that this omission amounted to inhuman treatment. The country 
was ordered to pay the victim 8,000 euros (approximately $12,000) in 
damages, costs, and expenses.
    There were multiple reports that prison or detention center guards 
mistreated prisoners. In July and September protests and hunger strikes 
took place in immigrant detention centers on Leros and Samos islands 
due to overcrowding and alleged mistreatment.
    In September MSF announced that it would withdraw from the 
detention center on Lesbos due to a lack of support from authorities. 
MSF stated that police hampered its efforts to offer medical care and 
improve conditions in the detention center. In October media reported 
that hundreds of immigrant detainees on Lesbos fell ill from drinking 
contaminated water from the detention center's moldy and rusted pipes.
    During its February 2007 visit to the country, the CPT examined the 
treatment of persons detained by law enforcement authorities, focusing 
on Korydallos prison and detention facilities for illegal immigrants in 
Attica, the eastern Aegean, and Thrace. The delegation visited prisons, 
police detention centers, police stations, and holding facilities for 
illegal immigrants. In its February report on the visit, the CPT 
reiterated that prisons remained largely overcrowded; prison violence 
appeared to be on the rise; conditions of detention in police 
facilities generally were unsatisfactory, in certain cases constituting 
inhuman or degrading treatment; and facilities designed for holding 
suspects for short periods were inappropriately used for prolonged 
incarceration.
    In one case, the CPT noted that a Bangladeshi national, who had 
alleged police brutality at Athens International Airport after he had 
refused deportation and who had visible injuries, only received medical 
treatment after the CPT intervened. In another case, a detainee at the 
Omonia police station, who had alleged police abuse and required 
medical attention, was told by police that he would be immediately 
deported unless he informed the CPT delegation that he no longer wished 
to see a doctor.
    The CPT observed that the Korydallos prison remained overcrowded 
and that no noticeable improvement had occurred since its 2005 visit. 
The CPT found that three or four prisoners were placed in cells 
designed for a single occupant and that health care remained inadequate 
for a prison of its size. The CPT also reported that in the Petrou 
Ralli facility in Athens, detainees were confined to their cells 24 
hours a day, had no recreational spaces, and were kept in cells that 
did not have toilet facilities or call bells. At the time of its visit, 
the CPT found that some minors did not have beds and were sleeping on 
mattresses on the floor.
    The Samos facility that opened in 2007, while much improved over 
the island's previous detention center, held over 500 detainees and was 
already crowded beyond capacity.
    In November diplomatic observers toured the Fylakio detention 
center, opened in March 2007, and found conditions to be clean, well-
lit, and climate-controlled. Male and female detainees were held in 
separate facilities comprised of large, compartmented rooms with bunk 
beds for each detainee. There were no families or minors in the 
detention center. The building had a cafeteria, outdoor recreational 
facilities, a telephone room, and an infirmary with four beds. Police 
authorities stated that there were 279 detainees in the center; they 
reported that the center had an official maximum capacity of 375, but 
that in their opinion the center would be overcrowded with any more 
than 320 detainees. Police officials also said that the Venna, Peplos, 
and Tychero detention centers (long criticized by the CPT and other 
NGOs for squalid conditions) had closed due to reduced numbers of new 
illegal immigrant arrivals in the Evros border region during the year.
    In November HRW described ``inhuman and degrading'' conditions in 
multiple prisons and detention facilities. In December HRW alleged that 
unaccompanied migrant minors were routinely detained in the same cells 
as adults.
    The Government permitted the CPT to conduct periodic and ad hoc 
visits to prisons, detention centers, and mental hospitals, most 
recently in September. Other NGOs, such as HRW, were inconsistently 
granted access to prisons and detention facilities. During the year 
international human rights groups reported fewer problems receiving 
permission for prison and detention center visits than did local human 
rights groups, and the International Committee of the Red Cross had a 
regular program for prison visits. However, there was insufficient 
access to detention centers for independent organizations wanting to 
screen for trafficking victims.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention. However, police continued to 
conduct large-scale sweeps and temporarily detained large numbers of 
foreigners, often under crowded and squalid conditions, while 
determining their residence status.

    Role of the Police and Security Apparatus.--The police are 
responsible for law enforcement and the maintenance of order within the 
country and are under the authority of the Ministry of the Interior and 
Public Order. The Coast Guard is responsible for law enforcement in 
territorial waters and is under the authority of the Ministry of 
Mercantile Marine. While the country's law enforcement agencies were 
generally effective, police sometimes did not fully investigate self-
styled ``anti-imperialist'' anarchists, who used crude gas canister 
bombs and Molotov cocktails to attack property, government offices, 
targets representing ``Western interests,'' and the police, 
particularly in central Athens.
    In the nationwide protests and riots that followed the December 6 
death of 15-year-old Alexandros Grigoropoulos in an altercation with a 
police officer, anarchists wielding petrol bombs destroyed vehicles and 
commercial and government offices, causing an estimated 1 billion euros 
(approximately $1.4 billion) in property damage. Media criticized the 
police for failing to protect businesses from violent rioters and 
looters. There were media allegations that government leaders, seeking 
to avoid a further escalation of violence, directed the police to take 
a defensive posture in response to the riots.
    Police corruption continued to be a problem. During the year the 
police Bureau of Internal Affairs took several disciplinary measures, 
including dismissal and suspension, against officers involved in 
corruption, primarily for forging documents and for taking bribes. Most 
charges against police involved violation of duty, issuing false 
certificates, abuse of power, corruption, violations with arms and 
explosives, illegally releasing persons in police custody, pimping, and 
violations related to alien registration.
    In contrast with the previous year, NGOs and the media reported 
more frequently on police corruption, criticizing the prevalence of 
lenient punishments for officers, such as suspended sentences, small 
fines, or acquittals. The ombudsman noted that the lack of adequate 
punishment meant that there was no effective deterrent against police 
corruption and that the Ministry of the Interior and Public Order 
apparently lacked the will to combat police corruption. During the year 
the GHM reported that, of 238 police mistreatment cases brought against 
law enforcement personnel from 2003-07, only one police officer was 
dismissed.
    Four Thessaloniki police officers, including the former director of 
the Ano Poli police station, were discharged from service by a police 
disciplinary board in February. The officers had issued fraudulent 
documents to approximately 50 Albanian nationals seeking residence 
permits in Thessaloniki. The Albanian nationals had paid 500 to 1,500 
euros (approximately $750 to $2,250) bribes for the papers. A police 
lieutenant was given a 16-month suspended sentence, while the three 
other officers were acquitted of all charges.
    In June the police Bureau of Internal Affairs dismantled a network 
of border guards, police, and intelligence personnel that was smuggling 
undocumented aliens and stolen vehicles from Albania into the country. 
The bureau filed criminal charges and the case was pending at year's 
end.
    In July two police officers were given prison sentences of two and 
18 months, respectively, for offering protection to an illegal 
electronic gambling shop in Thessaloniki.
    In November eight Thessaloniki police officers were convicted in 
connection with the beating of a Cypriot student in 2006. The officers 
were convicted of causing bodily harm and were given sentences ranging 
from 15-39 months, with the option to avoid jail time by paying five 
euros (approximately $8) for each day of the sentence. The former 
police precinct director in place at the time of the beating was 
convicted for neglecting his supervisory duty and given a suspended 15-
month sentence. The policemen appealed their convictions, which were 
pending at year's end. Press and local NGOs criticized the punishments 
as lenient.
    In November five coast guard officers in the port city of Patras 
were arrested on charges of alien smuggling and forming a criminal 
organization. The Ministry of Mercantile Marine ordered an inquiry into 
the case and replaced the harbormaster. The results of the inquiry had 
not been announced by year's end.

    Arrest and Detention.--The law requires judicial warrants for 
arrests, except when they are made during the commission of a crime, 
and prohibits arbitrary arrest orders. Authorities generally respected 
these provisions in practice. Police are required to bring persons who 
are detained or arrested before an examining magistrate within 24 
hours. The magistrate is then required to issue a detention warrant or 
order their release within three days unless special circumstances 
justify a two-day extension of detention. Bail is available for 
defendants detained or arrested on felony charges, unless the judicial 
officer determines that the defendant is a flight risk or a danger to 
the community.
    The law provides that persons in detention have the right to 
contact a close relative or another third party, to have access to a 
lawyer, and to have access to a doctor. However, during its 2007 visit 
to the country, the CPT found that the Government did not respect these 
rights in practice. The CPT heard a number of allegations that access 
to a lawyer had been delayed for periods of up to three days. In most 
of these cases, the persons detained, mainly foreigners, alleged that 
they were mistreated during arrest and interrogation. The CPT received 
a number of complaints from illegal immigrants in detention that they 
were only provided information sheets explaining their rights in Greek, 
and that they were either physically coerced or verbally threatened 
with mistreatment to ensure that they signed an acknowledgement on the 
information sheets.
    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 their requests. Expedited procedures were used in less than 10 
percent of applicable cases.
    The ombudsman asserted in his annual report that the number of 
complaints from citizens about violations of personal freedoms in the 
course of police action remained high. These violations included: 
taking citizens to detention centers for arbitrary identity checks, 
using insulting language and threats of force, and conducting bodily 
searches in public. The ombudsman noted an increase in the number of 
complaints that police conducted investigations without soliciting 
testimony from victims. Police reportedly targeted persons based on 
their race, color, nationality, or presence in high-crime areas.
    The 2006 case concerning the alleged abduction of 14 Pakistani 
permanent residents was still pending at year's end.
    The law allows pretrial detention for up to 18 months for cases 
involving alleged felonies and for up to nine months for misdemeanors 
involving ``multiple accidental manslaughters.'' Some defense lawyers 
asserted that pretrial detention was supposed to be reserved for 
exceptional cases but had become the norm. They also argued that the 
detention period was excessively long and that, although the code of 
criminal procedure expressly excludes ``seriousness of the crime'' as a 
criterion, it is usually the main reason for extended detention in 
practice. A panel of judges may release detainees pending trial with or 
without bail. Pretrial detainees made up approximately 30 percent of 
those incarcerated and contributed to prison overcrowding, according to 
figures provided by the Ministry of Justice.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, observers reported that the judiciary 
was subject to influence. On several occasions in 2006 and 2007, the 
ECHR criticized the Government for unreasonably long trials and found 
the court system to be inefficient. During the year two judges were 
dismissed on corruption related charges. Several ongoing corruption 
investigations of as many as twenty judges were still pending at year's 
end. One judge fled the country and was in hiding abroad at year's end. 
The judiciary acted more leniently toward those claiming a political 
motivation for their acts of property destruction (so-called 
anarchists) than it did for those who did not claim a political 
motivation. For example, anarchists were frequently given suspended 
prison sentences in lieu of prison time or fines.
    On August 13, the GHM sent a letter to the prosecutor and the 
president of the Supreme Court listing 39 recent litigation cases on 
behalf of, or against, Roma. The GHM charged that cases against Roma 
were usually investigated promptly; however, cases brought by Roma 
concerning serious violations of human rights took several years to 
move through the legal process and rarely led to indictments or 
convictions. Furthermore, the GHM noted that police mistreatment cases 
filed by Roma almost always resulted in acquittals for the officers 
charged.
    After the December 6 death of 15-year-old Alexandros Grigoropoulos, 
authorities arrested a police officer and his partner. The 
investigation of the incident was ongoing at year's end. Officials of 
both the Government and opposition parties made statements that 
observers noted implied presumption of the officer's guilt. In the 
aftermath of the shooting, mainstream media condemned the police 
officers as guilty of murder. Independent observers expressed concern 
that such statements presupposed the officers' guilt and jeopardized 
the defendants' right to a fair trial.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public in most instances, and juries are used in all first- and second-
degree felony cases. An antiterrorism statute permits denial of the 
right to a jury trial in cases of violent terrorism. Defendants have 
the right to be present at trial and to consult with an attorney in a 
timely manner. An attorney is provided at public expense if indigent 
defendants face serious criminal charges. Defendants may confront and 
question witnesses against them and present witnesses and evidence on 
their behalf. Defendants and their attorneys have access to government-
held evidence relevant to their cases. Defendants enjoy a presumption 
of innocence and have the right to appeal. Defendants who do not speak 
Greek have the right to a court-appointed interpreter.
    Some NGOs reported during the year that court interpretation was 
inadequate for non-Greek speakers; however, diplomatic observers noted 
good-quality interpretation at trials specifically for foreign victims 
of trafficking.
    The Government recognizes Shari'a (Islamic religious law) as the 
law regulating family and civic issues of the Muslim minority in 
Thrace.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is a generally 
independent and impartial judiciary in civil matters. There are no 
administrative remedies available beyond the judicial remedies for 
alleged wrongs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, these 
provisions were not always respected in practice.
    Police and prosecutors regularly conducted raids and searches of 
Romani and migrant neighborhoods, frequently entering homes without 
authorization in search of criminal suspects, drugs, and weapons. Local 
authorities evicted Roma from camps and tent dwellings during the year, 
and threatened to evict others. NGOs and media regularly reported that 
law enforcement authorities beat or harassed unlicensed immigrant 
street vendors and undocumented immigrants.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
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 speech that endangers or 
disturbs the country's relations with foreign states, spreads false 
information or rumors causing fear among citizens, causes rivalry or 
division among citizens, or incites citizens to disturb the peace or 
commit acts of violence. In practice these legal prohibitions were 
seldom invoked. In most criminal defamation cases, defendants were 
released on bail pending appeal without serving time in jail.
    Individuals could criticize the Government publicly or privately 
without reprisal, and the Government did not attempt to impede this 
criticism.
    There were numerous independent newspapers and magazines in 
circulation, and they generally expressed a wide variety of views 
without restriction.
    The law provides for the Government to exercise ``immediate 
control'' over radio and television stations and establishes ownership 
limits on media frequencies. However, independent radio and television 
stations were active and expressed a wide variety of views with little 
or no government restriction. State-operated stations tended to 
emphasize the Government's views but also reported objectively on other 
parties' programs and positions.
    The requirement of the 2007 media law that radio and television 
stations broadcast primarily in Greek had no practical effect on the 
existing Turkish-language radio stations in Thrace.
    The law allows for seizure, by order of the public prosecutor, of 
publications that insult the president, offend Christianity ``or any 
other known religion,'' contain obscene articles, advocate violent 
overthrow of the political system, or disclose military and defense 
information. The Government did not charge any individuals with 
violation of this law during the year.
    The law punishes ``whoever intentionally incites others to actions 
that could provoke discrimination, hatred, or violence against persons 
or groups of persons on the basis of their race or ethnic origin or 
expresses ideas insulting to persons or to groups of persons because of 
their race or ethnic origin.''
    The GHM and the Central Board of Jewish Communities brought charges 
against the newspaper Eleftheros Kosmos and former LAOS political party 
candidate Kostas Plevris for racism and anti-Semitism. In December 2007 
Eleftheros Kosmos was acquitted, but Plevris received a 14-month 
suspended sentence for inciting hatred and racial violence with his 
book The Jews -The Whole Truth. The book denied the Holocaust and 
called Jewish people ``mortal enemies'' and ``subhuman.'' Plevris 
appealed the sentence; the appeal trial had not begun by year's end.
    On March 5, the misdemeanors court of Athens sentenced three 
journalists of Eleftheros Kosmos to seven-month suspended sentences for 
insulting Jews. The journalists appealed the sentence. In September the 
appeals court unanimously changed the terms from seven to five-month 
suspended sentences.
    In September an Athens appeals court sentenced the publisher and a 
former columnist of the weekly newspaper Eleftheros Kosmos for anti-
Semitism in a 2006 column. The columnist had criticized Thessaloniki's 
small Jewish community, decimated during the Holocaust, writing ``thank 
God, less than 1,500 are left.'' Each defendant was given a five-month 
suspended sentence.
    In December, after the start of Israeli military action in Gaza, 
the left-of-center newspaper Eleftherotypia printed anti-Semitic 
cartoons and satire, joining smaller extremist publications that 
compared Jews to Nazis or held them responsible for actions of the 
state of Israel.
    In October media in Thessaloniki reported that two editors of 
Millet, a local paper published in Turkish, were given 12-month 
suspended sentences for inciting hatred against the Pomak community.
    According to an October report by Reporters Without Borders, 
journalist Makis Nodaros was assaulted by two unknown persons. Nodaros 
was a regular contributor to articles in the daily newspaper 
Eleftherotypia about government corruption and financial mismanagement. 
No investigation had begun by year's end.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could generally engage in 
the peaceful expression of views via the Internet, including by e-mail. 
Internet was available throughout the country and widely used.
    The libel and defamation trial of an internet blog administrator 
who criticized a Greek Orthodox televangelist had not begun by year's 
end. The blogger was charged in 2006 for comments that appeared on one 
of his Web sites allegedly calling the televangelist ``stupid'' for 
claiming that all things on earth came from Greece.

    Academic Freedom and Cultural Events.--The Government did not 
restrict academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice.
    The December 6 death of 15-year-old Alexandros Grigoropoulos 
touched off more than a month of riots and demonstrations. Peaceful 
demonstrators were joined by violent, self-styled, anarchists and 
arsonists. Using Molotov cocktails, petrol bombs, rocks, and other 
projectiles, violent protesters injured dozens of police officers and 
destroyed vehicles and commercial and government property estimated at 
one billion euros (approximately $1.4 billion). The police used tear 
gas and force, including baton strikes, to disperse violent protesters.
    On December 11, AI alleged that two of its members were beaten with 
police batons and criticized police for not discriminating between 
peaceful protesters and violent anarchists.

    Freedom of Association.--The law provides for freedom of 
association; however, the courts continued to place legal restrictions 
on the names of associations involving certain ethnic minorities.
    In 2006 the group ``Home of Macedonian Culture'' took its case 
regarding the denial of the organization's legal status to the Supreme 
Court. It remained pending as of year's end.
    The Government prohibited associations that used the term 
``Turkish'' in their names. The ECHR ruled in March that the country 
was violating the freedom of association of the Muslim minority by 
dissolving the Turkish Union of Xanthi, established in 1927, after 21 
years of legal proceedings (1983-2005). The ECHR also ruled against the 
Government's refusal to register the Cultural Association of Turkish 
Women of Rodopi. The Greek courts, citing the 1923 Treaty of Lausanne, 
had objected to the use of the word ``Turkish'' because the Greek 
government officially only recognized a ``Muslim'' religious minority, 
not a ``Turkish'' ethnic one. Greece appealed the decision, but the 
ECHR rejected the appeal in October. In December the Turkish Union of 
Xanthi requested recognition from the First Instance Court of Xanthi, 
in line with the ECHR decision. The case was heard on December 11, but 
the court had not issued a decision by year's end.

    c. Freedom of Religion.--The law provides for freedom of religion. 
However, non-Orthodox groups at times faced administrative obstacles or 
legal restrictions on their religious practices.
    The law establishes the Eastern Orthodox Church of Christ (Greek 
Orthodoxy) as the ``prevailing'' religion. The Greek Orthodox Church 
continued to exercise significant political and economic influence. The 
Government recognized de facto the Orthodox canon law. Privileges and 
legal prerogatives granted to the Orthodox Church were not routinely 
extended to other recognized religions. Orthodox Church officials 
refused to enter into dialogue with religious groups that they 
considered harmful to Orthodox worshippers, and they instructed their 
members to shun members of the Jehovah's Witnesses, Church of Jesus 
Christ of Latter-day Saints (Mormons), Protestant, and evangelical 
Christian churches.
    The Government supported the Greek Orthodox Church financially and 
paid the salaries and some expenses of the three official Muslim 
religious leaders, or muftis, in Thrace. In addition, the Government 
announced in February 2007 that it would hire 240 imams as public 
employees in Thrace. As of year's end, the Ministry of Education and 
Religion was reviewing applications for the imam positions. Jewish 
leaders requested that the Government pay the salaries of rabbis, given 
the practice of paying for Orthodox priests and Muslim muftis; the 
Government had not responded to this request by year's end.
    The Orthodox, Jewish, and Islamic communities are the only 
religious groups deemed ``legal entities of public law,'' able to own, 
bequeath, and inherit property and appear in court under their own 
names as religious organizations. Other religious organizations may be 
registered as ``legal entities of private law,'' which cannot own 
``houses of prayer'' or other property directly as religious entities 
but must create other corporate legal entities in order to own, 
bequeath, or inherit property, or to appear in court.
    To be recognized as a ``legal entity of private law,'' a religious 
group must be a ``known religion'' or dogma, defined by the courts as 
having a publicly taught doctrine with rites of worship that are open 
to the public, being nonprofit in nature, not adversely affecting 
public order or morality, and having a hierarchy of religious 
authorities. No formal mechanism existed to gain recognition as a 
``known religion.'' Recognition is granted indirectly when the Ministry 
of Education and Religion grants applications for permits to acquire a 
``house of prayer.''
    Some Christian denominations, such as Roman Catholics, 
Pentecostals, Methodists, evangelicals, and the Jehovah's Witnesses, 
were recognized as ``known religions.'' No new religious entities have 
been recognized by the Ministry of Education and Religion since 2006. 
Three groups following ancient polytheistic Hellenic religions had 
applied to the ministry for recognition. Despite the ombudsman's advice 
to the ministry to respond, there has been no reply. The ministry last 
responded to one of these groups in 2006, stating that it ``would delay 
its formal response due to the seriousness and the peculiarity of the 
matter.''
    Some religious groups without house of prayer permits, such as the 
Scientologists and followers of ancient polytheistic Hellenic 
religions, practiced their faith as registered nonprofit civil law 
organizations.
    The law extends recognition as a private entity to Roman Catholic 
churches and related entities established prior to 1946. The Catholic 
Church has sought, without success, a legal procedure that would 
provide recognition to its religious institutions built after 1946. In 
2006 the Ministry of Education and Religion established a committee to 
study the issue and propose a legislative solution. The Committee last 
met in February 2007 but produced no results as of the end of the year. 
Since 1999 the Catholic Church also has sought, to no avail, government 
recognition of Catholic canon law.
    At year's end the Jehovah's Witnesses had 12 applications for 
house-of-prayer permits pending with the Ministry of Education and 
Religion, some dating from 2005. In 2006 the ombudsman recommended that 
the ministry send an official response as mandated by the law; however, 
the ministry did not respond during the year. Members of the Jehovah's 
Witnesses community reported that in 2005 two Greek Orthodox Bishops 
asked a local court to repeal the Jehovah's Witnesses' house-of-prayer 
permits. The matter remained in the courts at year's end. Local leaders 
of the Jehovah's Witnesses stated that their house-of-prayer 
applications were delayed by bureaucratic obstruction and pending 
construction permits.
    Parliament approved a bill in 2000 allowing the construction of 
Athens' first mosque and Islamic cultural center. In 2006 the 
Government passed a new law providing for the establishment of a 
mosque, without a cultural center, in the Athens neighborhood of 
Votanikos. Leaders of the Athens Muslim community were satisfied with 
the proposed location, but in October 2007 they urged the Ministry of 
Education and Religion begin construction, calling the issue ``one of 
grave importance'' to the Muslims of Athens. Construction had not begun 
by year's end. In 2006 a Muslim Cultural Center opened in Moschato, 
Athens, in an abandoned factory warehouse. Funded by foreign charities 
and with space for 2,000 worshippers, this unofficial mosque continued 
to operate without a house-of-prayer permit at year's end. Other 
Muslims continued congregating in dozens of unofficial prayer rooms. 
Since the Government does not recognize Muslim clerics outside of 
Thrace, Muslims in Athens had to travel to Thrace for official 
religious weddings and funerals.
    Muslims are an official minority in Thrace, and the Government 
selects three official Muslim religious leaders, or muftis, there. 
While part of the community accepted the officially-appointed muftis, 
some Muslims ``elected'' two different muftis, one in Xanthi and one in 
Rodopi, in elections in which only men were allowed to cast votes.
    Discussions continued between the Jewish community of Thessaloniki 
and the Government to find acceptable restitution for the community's 
cemetery, expropriated after its destruction during the Holocaust. 
Aristotle University, a public institution, was built on top of the 
expropriated cemetery soon after the end of World War II. International 
NGOs expressed concern that subway construction in the vicinity of the 
cemetery could disturb human remains. During the year the Government 
worked with the local Jewish community to address these concerns.
    Non-Orthodox citizens claimed that they faced career limits in the 
military, police, firefighting force, and civil service due to their 
religion.
    The law prohibits proselytizing and stipulates that religious rites 
must not disturb public order or offend moral principles. Members of 
missionary faiths reported police harassment and detention because of 
antiproselytizing laws, and officials of these faiths expressed concern 
that these laws remained in effect.
    Police occasionally detained members of the Church of Jesus Christ 
of Latter-day Saints (Mormons) and the Jehovah's Witnesses for identity 
checks. While such persons were typically released after one to several 
hours, in January two Mormon missionaries were detained for two days on 
charges of proselytizing. The charges were subsequently dropped.
    Orthodox religious instruction in public primary and secondary 
schools is mandatory, but non-Orthodox students are exempted from 
religious instruction. Some Thracian Muslims resident in Athens lobbied 
unsuccessfully for Islamic religious instruction for their children.
    Some schoolbooks contained negative references to Roman 
Catholicism, Judaism, and the ancient polytheistic Hellenic tradition. 
Negative references to the Jehovah's Witnesses were taken out of 2007 
edition schoolbooks that were being used during the year.
    In Thrace the Government subsidized bilingual Greek-Turkish public 
schools and two Koranic schools for the Muslim minority.
    The law requires a religious oath for all civil servants before 
entering office. Persons not belonging to the Orthodox Church may take 
an oath in accord with their own beliefs. In February the ECHR found 
the country to be in violation of the European Convention on Human 
Rights, Article 9 (freedom of thought, conscience and religion) and 
Article 13 (right to an effective remedy), in the case of a lawyer who 
was allegedly forced to publicly state that he was not an Orthodox 
Christian before being permitted to take a nonreligious affirmation 
during the admission ceremony to the state bar. The ECHR awarded the 
plaintiff 2,000 euros (approximately $3,000) in damages.

    Societal Abuses and Discrimination.--Members of non-Orthodox faiths 
reported incidents of societal discrimination, including warnings by 
Greek Orthodox bishops to their parishioners not to visit clergy or 
members of these faiths and requests that police arrest missionaries 
for proselytizing. Some non-Orthodox religious communities encountered 
difficulty in communicating with officials of the Orthodox Church and 
claimed that the attitude of the Orthodox Church toward their faiths 
increased societal intolerance toward their religions. With the 
exception of the growing Muslim population, however, most members of 
non-Orthodox faiths considered themselves satisfactorily integrated 
into society.
    The Orthodox Church maintained on its Web site a list of religious 
groups, including the Church of Jesus Christ of Latter-day Saints, 
Jehovah's Witnesses, evangelical Protestants, Scientologists, Baha'is, 
and others, that it considered sacrilegious.
    According to local leaders of the Jewish community, there were 
approximately 5,000 Jews living in the country. Expressions of anti-
Semitism continued to occur, particularly in the extremist press. The 
mainstream press and public often mixed negative comments about Jews 
with criticism of the Israeli government. Giorgos Karatzaferis, the 
leader of the ultra-right political party LAOS, publicly stated that 
the party was not racist or anti-Semitic but frequently denied that the 
Holocaust occurred and accused ``the pope and the Jews'' of a 
conspiracy against the country.
    There continued to be reports of vandalism of Jewish monuments 
during the year. In May a gravestone was broken and a large amount of 
broken glass was spread in the alleys and around the graves of the 
Athens Jewish cemetery. In August an anti-Semitic video boasting about 
the vandalism of the Holocaust memorial of Rhodes was aired on YouTube. 
In December anti-Semitic graffiti protesting Israeli military action in 
Gaza appeared on the walls of the synagogue in Volos. The Jewish 
community protested these incidents, and the Government formally 
condemned vandalism and all expressions of anti-Semitism.
    Unlike the previous year, state tourism and media agencies did not 
advertise the Easter tradition involving the burning of a life-size 
effigy of Judas, sometimes referred to as the ``burning of the Jew.'' 
The traditional practice continued to occur in some parts of the 
country but was generally labeled the ``burning of Judas'' instead. The 
Jewish Community continued to protest anti-Semitic passages in the 
Greek Orthodox Church's Holy Week liturgy. The Jewish community 
reported that it remained in dialogue with the Orthodox Church about 
the removal of these passages.
    The GHM and the Central Board of Jewish Communities brought charges 
against the newspaper Eleftheros Kosmos and former LAOS political party 
candidate Kostas Plevris for racism and anti-Semitism. In December 2007 
Eleftheros Kosmos was acquitted, but Plevris received a 14-month 
suspended sentence for inciting hatred and racial violence with his 
book The Jews -The Whole Truth. The book denied the Holocaust and 
called Jewish people ``mortal enemies'' and ``subhuman.'' During the 
trial a group of neo-Nazis made Nazi salutes in the corridors of the 
courthouse, put up ``fans of Hitler'' posters, and handed out anti-
Semitic leaflets. Plevris appealed the sentence; the trial had not 
begun by year's end.
    On March 5, the misdemeanors court of Athens sentenced three 
journalists of Eleftheros Kosmos to seven-month suspended sentences for 
insulting Jews. The journalists appealed the sentence. In September the 
appeals court unanimously changed the terms from seven to five-month 
suspended sentences.
    In September an Athens appeals court sentenced the publisher and a 
former columnist of weekly newspaper Eleftheros Kosmos for anti-
Semitism in a March 2006 column. The columnist had criticized 
Thessaloniki's small Jewish community, decimated during the Holocaust, 
writing ``thank God, less than 1,500 are left.'' Each defendant was 
given a five-month suspended sentence.
    In December, after the start of Israeli military action in Gaza, 
the left-of-center newspaper Eleftherotypia printed anti-Semitic 
cartoons and satire, joining smaller extremist publications that 
compared Jews to Nazis or held them responsible for actions of the 
state of Israel.
    The Government cosponsored commemorative events in Athens and 
Thessaloniki in January for Holocaust Remembrance Day. The Ministry of 
Education and Religion distributed materials on the history of the 
Holocaust to be read in all schools on the day and informed schools of 
educational courses available through the Jewish Museum of Athens.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for free movement 
within the country, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice. While the 
Government provided financial support to the UNHCR and other 
humanitarian organizations, in practice the Government did not always 
cooperate with these organizations or follow their recommendations on 
protecting and assisting refugees, asylum seekers, and stateless 
persons.
    The law prohibits forced exile, and the Government did not employ 
it.
    The law permits the Government to remove citizenship from persons 
who commit acts contrary to the country's interests for the benefit of 
a foreign state. While the law applies to citizens regardless of 
ethnicity, historically it has been enforced primarily against persons 
who identified themselves as ethnic ``Macedonians.'' The Government did 
not reveal the historical number of such cases, but it was reported to 
be low, and there were no reports of new cases during the year.
    Due to serious bureaucratic problems in the legalization process 
for immigrants, many aliens were in a semilegal status, holding expired 
residency permits in the process of renewal. Without current residency 
permits, immigrants encountered difficulty in accessing government 
services to which they otherwise would have been entitled. Many 
immigrants were subjected to summary deportation without legal process 
following police sweeps. The law provides for legalization of 
undocumented immigrants who can prove by a visa stamp or possession of 
a tax roll number that they entered the country before 2005. However, 
the ombudsman noted that the system of legalization remained 
disorganized and that a database of residence permits had not yet been 
created.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol. However, the 
Government had not implemented, for the most part, a 1999 presidential 
decree that brought the law into compliance with UNHCR standards 
regarding asylum procedures. In practice the Government provided very 
limited protection against the expulsion or return of persons to 
countries where their lives or freedom would be threatened. According 
to Pro-Asyl, subsequent presidential decrees addressing accommodations 
for asylum seekers (220/2007, published in November 2007) and reforming 
the asylum application process (90/2008 and 96/2008, published in July) 
had not been implemented by year's end.
    HRW reported in November that there have been few formal, legal 
deportations from Greece to Turkey under the 2001 Greece-Turkey 
readmission protocol. According to the HRW report, since 2002 Greece 
has requested the readmission of tens of thousands of aliens, but 
Turkey has only accepted several thousand cases. Greek officials 
expressed concern that the protocol was not working, and the high 
number of migrants crossing into the country from Turkey strained 
social services.
    Local and international entities, including the UNHCR, the Greek 
Council for Refugees, the ombudsman for human rights, the European 
Commission against Racism and Intolerance, AI, HRW, and Pro-Asyl 
expressed concern that very few applicants were granted asylum and 
potential asylum seekers, including minors, were at risk of expulsion.
    In November HRW released a report regarding the detention of Iraqi 
and other asylum seekers in poor, overcrowded conditions as well as the 
forced expulsion of Iraqi asylum seekers to Turkey. The report 
criticized the ``inhuman and degrading treatment'' of these individuals 
while in detention, particularly at the detention centers in Lesbos, 
Chios, and Petrou Ralli. HRW also alleged that Greece, by summarily 
expelling Iraqi migrants to Turkey, which would return them directly to 
Iraq, was engaging in the practice of expelling or returning persons to 
countries where their lives or freedom would be threatened. The report 
also criticized the Coast Guard for intentionally puncturing seaborne 
migrants' inflatable boats and for pushing them back into Turkish 
territorial waters.
    In December HRW reported on the country's ``systematic failure'' to 
protect unaccompanied migrant children, alleging that minors were 
detained in the same cells as adults, age and vulnerability assessment 
procedures were inadequate, child-trafficking victims were not 
identified properly, and unaccompanied minors faced severe problems in 
applying for asylum. The law requires that unaccompanied migrant minors 
be provided with a temporary guardian, regardless of whether the child 
has applied for asylum. In practice the Government seldom provided a 
guardian or safe accommodation for migrant children, leaving minors 
vulnerable to homelessness and labor exploitation. HRW estimated that 
1,000 unaccompanied and asylum-seeking children entered the country 
during the year.
    The ombudsman continued to point out inadequacies in laws for 
detaining and deporting underage foreign nationals, including asylum 
seekers, and a lack of infrastructure and services for handling 
juvenile detainees who tried to enter the country illegally or sought 
asylum.
    In February Norway stopped returning refugees and asylum seekers to 
the country under the Dublin II Regulation after receiving information 
from Greek NGOs, and testimonies from asylum seekers, that returnees 
were mistreated and that their rights infringed upon in Greece. By May 
Sweden and the Netherlands had also suspended the return of certain 
asylum seekers.
    The European Council on Refugees and Exiles (ECRE) reported in 
April that the rights of asylum seekers were routinely violated. ECRE 
publicized stories of asylum seekers who had suffered police violence.
    During the year both the UNHCR and HRW called on the Government to 
refrain from returning asylum seekers to the country under the Dublin 
II Regulation until further notice. The UNHCR noted that, although the 
country had taken a number of steps to improve its asylum practices, a 
substantial number of asylum seekers continued to face serious 
challenges in accessing and enjoying effective protection. Essential 
procedural safeguards were not guaranteed throughout the process of 
determining whether candidates were entitled to refugee status, at both 
the first-instance and appeals levels, to the detriment of asylum 
seekers. The UNHCR also highlighted the lack of interpreters and legal 
aid, undue hardships in the hearing and adjudication of claims, 
problematic conditions and limited capacity in reception centers, and 
excessively long waiting periods for appeals decisions. As of May the 
country had only 11 asylum officers.
    The ombudsman also noted that the overall asylum application 
process remained a problem, primarily due to selective acceptance and 
processing procedures for asylum applications at police stations 
throughout the country. According to UNHCR, from January to October 
asylum seekers filed 16,676 applications at the first instance and 
11,144 at the appeals level. The Government reviewed 21,626 cases and 
3,043 appeals during this period. At the first-instance level, only six 
persons (0.02 percent) received refugee status, while at the appeals 
level 344 persons (11.3 percent) were granted refugee status. An 
additional 25 persons were granted special humanitarian status.
    Conditions for illegal immigrants and asylum seekers detained by 
authorities were generally unsatisfactory. NGOs and international 
organizations continued to criticize detention procedures and 
facilities for refugees and asylum seekers as inadequate. During the 
year the ombudsman alleged that police detained all refugees and 
migrants on their arrival on the islands, including minors. All new 
arrivals, without exception, were placed under a deportation order 
without having the chance to first file for asylum, and detention was 
continued even if an asylum application had been submitted. The 
ombudsman noted that new arrivals were routinely held to the end of the 
maximum detention period.
    The UNHCR, AI, the ombudsman for human rights, and MSF expressed 
concern over the country's asylum policy and practices. Specific 
problems included unacceptable living conditions; lack of permanent 
reception facilities with decent living conditions; the use of ad hoc 
facilities (primarily on the islands, when a boatload of refugees 
arrived); underdeveloped systems to provide for refugee welfare; 
insufficient counseling to assist in the integration of refugees and 
asylum seekers; and a lack of appropriate facilities for unaccompanied 
minors who were potential asylum seekers.
    The CPT reported in February that conditions in most of the migrant 
detention centers it visited in 2007 were unsatisfactory. The CPT 
reported that the Petrou Ralli, Piraeus, Vrissika, and Aspropyrgos 
migrant detention centers were overcrowded, in a poor state of repair, 
had unhygienic conditions, lacked access to outdoor exercise space, and 
provided limited access to medical care. The CPT also found that 
conditions for migrants in border police detention centers were 
unacceptable, even for short periods of stay. Border police detention 
centers in Isaakio and Heo Himoni had poor access to natural light and 
ventilation, detainees were provided dirty blankets and slept on the 
floor, and cells were regularly flooded. The CPT described the 
conditions at the Kiprinos border police detention center as ``inhuman 
and degrading'' due to extreme overcrowding and a lack of access to 
common space.
    The UNHCR representative to Greece stated in 2007 that some 
progress had been made on Lesbos and that much progress had occurred in 
Samos in providing information, legal counseling, and medical care to 
undocumented immigrants and in registering their asylum claims. During 
the year the UNHCR representative and local human rights advocates 
criticized the conditions of the detention centers on Lesbos, Patmos, 
and other Aegean islands, where detainees had no access to a yard and 
where overcrowding was a serious problem.
    During the year the UNHCR released a study of the handling of 
unaccompanied minors seeking asylum in the country and requested that 
the asylum applications of separated children be examined immediately, 
that new reception centers be created, and that the principle of 
guardianship in the best interests of the children be strengthened.
    In February the UNHCR expressed concern over the police's temporary 
dismantling of a makeshift camp in Patras, where asylum seekers and 
other migrants, mainly from Afghanistan and including about 250 
unaccompanied minors, had been residing for years. The UNHCR urged the 
Government to address the issue while protecting human rights, the 
right to asylum, public health and social concerns of the host society, 
the well-being of children, and combating human smuggling.
    In May the MSF reported irregular and inefficient medical care, 
lack of adequate personnel, unacceptable living conditions, lack of 
special measures for vulnerable groups, and lack of interpreters in all 
detention centers it visited in the Aegean islands.
    During the year the CPT again reported that the short-term 
detention and transit facility at Petrou-Ralli for persons awaiting 
deportation was unsuitable for stays over two days. However, in 
practice persons were confined for up to three months in cells that 
contained up to eight persons with cement beds and limited access to 
showers and exercise. The CPT noted that the facility's design was 
extremely poor and that it lacked any communal spaces.
    In its annual report, AI found that protection of refugees remained 
minimal, that the Government failed to allow asylum seekers access to 
the country, continued to return them to their countries of origin 
without legal aid or having access to asylum procedures, that detention 
of asylum seekers, including children, continued, and that detention 
conditions continued to be unhygienic and overcrowded.

    Stateless Persons.--Citizenship is derived from one's parents and 
not by birth within the country's territory. UNHCR data indicated that 
there were 108 stateless persons in the country at the end of 2007. The 
former Ministry of the Interior reported to parliament in 2005 that 
46,638 Muslims from Thrace and the Dodecanese islands lost their 
citizenship when they left the country from 1955-98. The law that 
permitted this divestment of citizenship was repealed in 1998, and 
these ``stateless'' residents are eligible to recover their citizenship 
as long as they live in the country. According to the Ministry of 
Foreign Affairs, by 2005 there were 25 to 30 persons in possession of 
government-issued identification documents characterizing them as 
``stateless.'' The ministry had no updated figures on stateless persons 
by year's end.
    In 2007 the Ministry of Foreign Affairs reported that all of the 
stateless persons had applications pending for citizenship through 
naturalization. In March 2007 the ombudsman noted that delays in 
processing applications for recovering citizenship were ``excessive and 
unjustified.'' According to the Ministry of Foreign Affairs, the 
Ministry of the Interior and Public Order had made no decisions on the 
applications by year's end. Stateless residents were denied access to 
state benefits such as social security, medical care, and pensions.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law 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.

    Elections and Political Participation.--The country held 
parliamentary elections in September 2007; the elections were 
considered free and fair. Five parties passed the 3 percent threshold 
for representation in parliament. Opposition parties functioned freely 
and had broad access to the media.
    Romani representatives reported that local authorities often 
deprived Roma of the right to vote by refusing to register them. Many 
Roma had difficulty meeting the municipal residency requirements to 
register to vote.
    According to the law, voting is mandatory for citizens over age 18; 
however, there are many conditions under which citizens may be 
exempted, and the Government did not apply a penalty for not voting.
    There were 49 women in the 300-seat parliament and two women in the 
17-member cabinet. A quota system requires 30 percent of all local 
government candidates to be women. At the three high courts, 14 of 61 
council-of-state justices were women, as were 28 of 59 supreme 
administrative court justices, and 3 of the 62 Supreme Court justices.
    There were two members of the Muslim minority in the 300-seat 
parliament; there were no minority members in the cabinet.
    A government-appointed regional administrator of Eastern Macedonia 
and Thrace has statutory responsibility for the oversight of rights 
provided to the Muslim minority in Thrace, but the Ministry of Foreign 
Affairs retained an important advisory role.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, officials sometimes engaged 
in corrupt practices with impunity. The World Bank's worldwide 
governance indicators reflected that corruption was a serious problem.
    NGOs and media reported that the Government insufficiently 
prioritized anticorruption efforts. Mutual accusations of corruption 
between political parties were a daily staple of political life. Prime 
Minister Karamanlis made anticorruption a key element of his party's 
program, and the Government pursued an in-depth investigation into 
judicial corruption and took steps to trace and apprehend corrupt tax 
collectors and law enforcement officers. Despite these efforts, major 
corruption cases continued to surface throughout the year.
    In September a former minister and personal aide of the prime 
minister was convicted and given a one-year suspended prison sentence 
for interceding with judicial authorities on behalf of one of his 
constituents, who was illegally growing hashish. The former minister 
appealed his sentence. In December an appeals court gave him a five-
month sentence, suspended for three years.
    Two cabinet ministers resigned during the year amid allegations of 
involvement in a controversial property swap between Vatopedi, a Mount 
Athos monastery, and the Hellenic Public Real Estate Corporation.
    In 2005 the former general director/acting consul at the Greek 
Consulate in Kyiv, the consulate's messenger, three foreign employees, 
and a policeman in Thessaloniki were criminally charged for allegedly 
cooperating in issuing approximately 2,500 illegal tourist visas to 
Ukrainian citizens for $200,000. The case was tried in Thessaloniki in 
April 2007. The diplomat was sentenced to 21 years in prison. A 
consular employee received a sentence of 19 years, and a female Russian 
accomplice based in Greece received nine years. The diplomat's partner 
and a policeman were also tried but acquitted on all counts. The 
convicted parties appealed the decision but remained in prison at 
year's end. The date of the appeals trial had not yet been determined 
at year's end.
    There are income disclosure laws for high-ranking public officials 
and members of parliament.
    The constitution provides for the right of access to government-
held information, and in practice the Government granted access to 
citizens and noncitizens alike, including foreign media.
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 with some NGOs. However, the ombudsman for human 
rights and the GHM characterized the government-NGO relationship as 
poor. The ombudsman charged that the Government avoided cooperating 
with NGOs, who ``could remedy the shortcomings of the administration.''
    Despite calls from the UN special rapporteur on the sale of 
children, child prostitution, and child pornography for the Government 
to appoint a lead person on children's issues, the Government failed to 
do so. There were no improvements to the institutional capacity for 
protecting unaccompanied minors or street children.
    GHM and other NGOs called for the Government to improve the living 
conditions of Roma and give Romani children alternatives to street work 
and prostitution. However, the problem remained largely unaddressed 
except in Thrace and in Athens, where the Ministry of Foreign Affairs 
and local NGOs implemented measures to increase school attendance by 
Romani children. The Government has not taken steps to create an 
advisory board to coordinate children's policies or to create a joint 
Greek-Albanian commission to investigate ``disappearances'' from a 
children's institution between 1998 and 2003.
    The law provides for an independent ombudsman for human rights. 
Although the Ministry of Justice has denied the ombudsman access to 
prisons since 2005, the ombudsman's office otherwise provided an 
effective means for citizens to address human rights and religious 
freedom problems. While it could not inspect prisons, the office was 
granted adequate resources to perform its other functions, which 
included mediating between private individuals and public 
administration and defending and promoting children's rights.
    There were five deputy ombudsmen who dealt respectively with human 
rights, children's rights, citizen-state relations, health and social 
welfare, and quality of life. The Department of Human Rights received 
complaints during the year regarding the Government's handling of 
residence and work provisions for immigrants, overcrowding in prisons 
and detention centers for illegal aliens, unjustified procedural 
difficulties in acquiring citizenship, excessive and unjustified delays 
in processing applications by Muslims from Thrace to recover 
citizenship lost under pre-1998 laws, arbitrary acceptance or denial of 
asylum seekers' applications, discrimination against aliens, and police 
brutality.
    The government-funded National Commission for Human Rights is an 
autonomous human rights body. The commission is the Government's 
advisory body on the protection of human rights. During the year it 
produced reports on health treatment for illegal immigrants, problems 
in the asylum process, the plight of aliens trying to enter the country 
via the Aegean Sea and the practices of the Coast Guard, inmates' 
rights, and conditions in prisons.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the law prohibit discrimination based on race, 
gender, disability, language, or social status; however, the Government 
did not protect these rights consistently in practice. Violence against 
women and children, trafficking in persons, and discrimination against 
homosexuals and ethnic minorities, particularly Roma and undocumented 
migrants, were problems.

    Women.--Rape, including spousal rape, is a crime. Conviction rates 
for rape were low for first-time offenders, but sentences were harsh 
for repeat offenders. According to government statistics, there were 
150 rape or attempted rape cases reported in the first six months of 
the year, and 133 rape suspects were arrested. In 2007, 249 rapes and 
attempted rapes were reported. In 2006 an academic researcher estimated 
that approximately 4,500 rapes occurred annually in the country, while 
government statistics from that year showed that 270, or 6 percent of 
the academic estimate, were actually reported to police. Of those 
reported rapes, 183 resulted in an arrest. Of the 47 rape cases that 
reached court, 20 resulted in conviction.
    Medical, psychological, social, and legal support from the 
Government and NGOs were usually available to rape victims.
    Domestic violence, including spousal abuse, continued to be a 
problem. The law provides for prosecution by force of law, without the 
need for a victim to press charges, for all domestic violence crimes. 
Penalties range from two to 10 years' imprisonment, depending on the 
gravity of the crime.
    The General Secretariat for the Equality of the Sexes (GSES), an 
independent government agency, estimated that only 6 to 10 percent of 
domestic violence victims contacted the police, and only a small 
fraction of those cases reached trial. Despite training efforts, the 
GSES reported that police tended to discourage women from pursuing 
domestic violence charges, encouraging them instead to undertake 
reconciliation efforts, and courts were lenient when dealing with 
domestic violence cases. Police stations generally had a manual on how 
police should treat victims of domestic violence. The GSES, in 
cooperation with the Ministry of the Interior and Public Order, trained 
police on working with domestic violence victims.
    In September a Greek-Spanish woman alleged that police in Eressos, 
Lesbos, threatened and discouraged her from filing charges against a 
local man who had beaten her. The victim alleged that the police 
officers at the station were friends of the perpetrator and were 
covering for him.
    The GSES provided counseling and assistance to 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 hot line for 
abused women. A unit of the Ministry of Health and Welfare that 
operated a hot line providing referrals and psychological counseling 
closed early in the year due to lack of funds. The municipality of 
Athens, the Greek Orthodox Church, and various NGOs operated shelters 
for victims of domestic violence.
    Prostitution is legal at the age of 18. Persons engaged in 
prostitution must register at the local prefecture and carry a medical 
card that is updated every two weeks. It was estimated that fewer than 
1,000 women were legally employed as prostitutes and approximately 
20,000 women, most of foreign origin, were engaged in illegal 
prostitution. According to academics, many illegal prostitutes may be 
trafficking victims. While there were reports that prostitutes were 
abused and subjected to violence and harassment by pimps and clients, 
there were no reports that they were specifically targeted for abuse by 
the police.
    The law prohibits sexual harassment and provides for penalties 
ranging from two months' to five years' imprisonment. However, labor 
unions reported that lawsuits for sexual harassment were very rare. The 
Center for Research on Gender Equality Issues reported that the vast 
majority of women who experienced sexual harassment in the workplace 
quit their jobs and did not file charges. The center estimated that 30-
50 percent of working women and 10 percent of working men had 
experienced sexual harassment at their workplace.
    Muslim women in Thrace have inferior rights to men under family 
law, property law, and in the judicial system, since these issues are 
resolved under Shari'a (Muslim religious) law interpreted by muftis. 
The Government recognizes Shari'a as the law regulating the family and 
civic issues of the Muslim minority in Thrace, and thus the first 
instance courts in Thrace routinely ratified the muftis' decisions.
    In an unprecedented March case, a court of first instance in Rodopi 
Prefecture refused to ratify a mufti's decision that awarded a woman 
only a small share of her parental inheritance, instead of the one-half 
share provided by the law. The court held that Greek and European law 
should prevail over Shari'a law. The court stated that the use of 
Shari'a should not deprive the country's Muslim women of their rights 
and should not be applied if it violated the basic principles of the 
constitution regarding the equality of the sexes and equality before 
the law. A final court decision regarding the division of property 
between the woman and her brother had not been delivered by year's end.
    The National Commission for Human Rights has advised the Government 
to limit the powers of the muftis to religious duties and to stop 
recognizing Shari'a law, because it could restrict the civic rights of 
citizens. Muslim female activists claimed that, because all Muslim 
women in Thrace were married under Shari'a, they were therefore obliged 
to acquire mufti consent to obtain a divorce. These decisions were 
based on interpretations of Shari'a law that do not exist in written 
form and therefore would not be able to be appealed. Still, the courts 
routinely ratified such mufti decisions.
    Apart from the Muslim minority in Thrace, women have rights equal 
to those of men, and equality is stipulated by the constitution.
    The law provides for equal pay for equal work; however, according 
to the last official statistics (collected in 2005), women's pay was 81 
percent of men's pay. Although relatively few occupied senior 
positions, women continued to enter traditionally male-dominated 
professions such as law and medicine in larger numbers. Women were 
underrepresented in labor union leadership.

    Children.--The Government was not consistently committed to 
children's rights and welfare. Romani children continued to face social 
exclusion and discrimination in education and lacked access to social 
services. Unaccompanied migrant children were detained in the same 
cells as adults, lacked safe accommodations and legal guardians, and 
were vulnerable to homelessness and labor exploitation. Corporal 
punishment of children is prohibited by law.
    The Government does not issue birth certificates for children born 
in the country to immigrant parents without citizenship. The ombudsman 
for human rights urged the Government to grant citizenship to all 
children who were born and raised in the country and to accept them for 
all educational, social security, and social protection-related 
services. Without a birth certificate or a long-term residence permit, 
immigrant children faced difficulties registering for school. According 
to the law, noncitizen children must wait until age 18 to apply for 
long-term residence permits. In December the parliament passed a new 
law giving immigrant children born in the country the right to apply 
for long-term residence permits.
    While the law provides free and compulsory education for a minimum 
of nine years, noncompliance was a significant problem in the Romani 
community. Research conducted by the Aghlaia Kyriakou state hospital 
showed that 63 percent of Romani children did not attend school. The 
Pedagogical University of Thessaloniki reported that less than 10 
percent of Romani children in northern Greece finished the nine years 
of compulsory education and only 3 percent graduated from high school. 
The GHM reported in April that 90 percent of Romani children were 
illiterate.
    There were continuing reports of non-Romani parents withdrawing 
their children from schools attended by Romani children and attempting 
to prevent Romani children from studying at the same schools that their 
children attended. A segregated Romani-only school in Psari, 
Apropyrgos, was destroyed twice within a year, in April 2007 and in 
January, and the perpetrators had not been found by year's end.
    In June the ECHR ruled against Greece for maintaining a segregated 
school in Psari, Aspropyrgos, since 2005. The ruling came after the GHM 
filed an application on behalf of 11 Romani parents and 18 children. 
The ECHR found that the refusal of education authorities to enroll the 
Romani children in the local elementary school, and their subsequent 
placement in a separate annex school attended only by Roma, violated 
prohibitions against discrimination and denied Romani children their 
right to education.
    Violence against children was a problem, particularly against 
street children and undocumented migrant children. The law prohibits 
the mistreatment of children and sets penalties for violators, and the 
Government generally enforced these provisions effectively. However, 
government-run institutions were understaffed, and NGOs complained that 
they did not have positions for all children in need of alternative 
placement. Welfare laws provide for treatment and prevention programs 
for abused and neglected children as well as alternative family care or 
institutional placement for those in need of it. However, the deputy 
ombudsman for children's rights reported during the year that the 
system for children's welfare and protection was deficient overall and 
did not cover increasing needs. In particular, social services were not 
appropriately staffed to face serious family problems, and welfare 
allowances and support to single-parent families were insufficient. In 
addition the deputy ombudsman noted that prosecutors for minors, who 
should by law take measures to protect children in problematic 
situations, were overloaded with other duties. Child-protection 
institutions were understaffed, lacked certification, and did not have 
sufficient qualified staff to provide care to abused, refugee, or drug-
abusing children. Foster care systems were not adequately implemented, 
and adoption procedures continued to take several years.
    Child marriage was common within the Romani community, and there 
were limited numbers of marriages of persons under 18 among the Muslim 
minority in Thrace and Athens. In 2006 the Council of Europe's 
commissioner for human rights and the UN special rapporteur reported 
that they were informed of cases of both early marriages and marriages-
by-proxy. The state-appointed muftis, who may apply Shari'a law in 
family matters, noted that they did not allow the marriage of children 
under age 15. The Government has youth centers, parent counseling, and 
programs targeted at Romani and Muslim communities that address poverty 
and the lack of education, two factors believed to contribute to child 
marriage.
    In January legislation prohibiting the possession and circulation 
of child pornography was passed. Previously, only the sale or purchase 
of such materials was prohibited.
    According to the UN Children's Fund (UNICEF) and local NGOs, the 
majority of street children (often indigenous Roma or Albanian Roma) 
were exploited by family members, who forced them to work in the 
streets, begging or selling small items. The Government took 
insufficient steps to prevent this form of child exploitation. While no 
nationwide statistics were available at year's end, in December, the 
NGO ARSIS estimated that Thessaloniki, the country's second-largest 
city, had over 300 street children.
    Conditions for undocumented-immigrant and asylum-seeking children 
were particularly harsh. In June, 103 unaccompanied minors, including 
Somali girls from eight to 12 years old and boys from 12-18 years old, 
were incarcerated with adults on Lesbos. In May, 121 unaccompanied 
minors held in a small hotel and rented hall in Leros Island staged 
rolling hunger strikes to protest their poor detention conditions. 
Following public outcry over these incidents, media reported that local 
NGOs provided aid to these minors.
    In December HRW reported on the country's ``systematic failure'' to 
protect unaccompanied migrant children, alleging that minors were 
detained in the same cells as adults, age and vulnerability assessment 
procedures were inadequate, child trafficking victims were not 
identified properly, unaccompanied minors faced severe problems in 
applying for asylum. The law requires that unaccompanied migrant minors 
be provided with a temporary guardian, regardless of whether the child 
has applied for asylum. In practice the Government seldom provided a 
guardian or safe accommodation for children, leaving minors vulnerable 
to homelessness and labor exploitation. HRW estimated that 1,000 
unaccompanied and asylum-seeking children entered the country during 
the year.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, significant numbers of women and children and 
smaller numbers of men were trafficked to and within the country for 
the purposes of commercial sexual exploitation and forced labor. 
Sectors involving forced labor included agricultural work, street 
vending, and forced begging.
    According to NGO estimates, there were 13,000-14,000 trafficking 
victims in the country at any given time. Major countries of origin for 
trafficking victims included Nigeria, 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 European Union countries as well as to 
the Middle East. Women and children typically arrived as ``tourists'' 
or illegal immigrants and were lured into prostitution by club owners 
who threatened them with deportation.
    NGOs reported a decrease in the number of Albanian children 
trafficked into the country for the third consecutive year. However, 
there were reports that Albanian Romani children continued to be 
trafficked for forced begging and stealing. In July the parliament 
ratified a protocol with Albania on the repatriation of Albanian 
children who were victims of child trafficking.
    The law considers trafficking in persons a criminal offense and 
provides for imprisonment of up to 10 years and fines of 10,000-50,000 
euros (approximately $15,000-$75,000) for convicted traffickers. 
Penalties are harsher for traffickers of children. The Government 
continued to investigate cases of trafficking and secured convictions 
for traffickers.
    In 2007 police conducted 42 trafficking investigations (30 sexual 
exploitation cases, 11 labor exploitation cases, and one illegal 
adoption), down from 70 in 2006. They brought charges against 121 
suspected traffickers, down from 206 arrests in 2006. Twenty-five 
defendants (in nine separate cases) were convicted of trafficking-
related charges, while three were acquitted. Sentences imposed on 
convicted traffickers remained lenient; moreover, the majority of 
convicted traffickers remained free on bail for five to six years while 
their convictions were appealed. The Ministry of Justice continued to 
lack effective databases, hindering its ability to provide and manage 
information on convictions and sentencing, especially in trafficking 
cases.
    During the year the Government participated in international 
investigations in cooperation with EUROPOL, INTERPOL, and the Southern 
European Cooperative Initiative. The Ministry of the Interior and 
Public Order continued working on a police action plan for regional 
antitrafficking cooperation.
    Some police officers and diplomats were reportedly involved in 
trafficking rings or accepted bribes from traffickers, including from 
organized crime networks. The police Bureau of Internal Affairs 
investigated charges of police involvement in trafficking cases. In 
2007 charges were filed against three police officers, two of them 
senior, relating to trafficking. By year's end no trial date had been 
set.
    In April 2007 Greek diplomats assigned to Ukraine were tried in 
Thessaloniki for issuing visas, with little documentary evidence and no 
personal interviews, to women subsequently identified as trafficking 
victims. One diplomat received a 21-year sentence, and a consular 
employee received a 19-year sentence. A female accomplice, a Russian 
citizen living in Greece, received a nine-year sentence. The diplomat's 
spouse and a policeman were acquitted. The convicted parties appealed 
the decision, but at year's end they remained in jail waiting for their 
appeals to be heard.
    While the immigration law provides for a ``reflection period'' for 
trafficking victims facing deportation, the screening and referral 
process did not adequately identify and protect most vulnerable 
victims, especially children. Some trafficking victims, including 
minors, were prosecuted for immigration violations, sometimes alongside 
their traffickers. A few trafficking victims and NGOs reported that 
inadequate police protection for victims who were witnesses in trials 
meant that those victims lived in constant fear of their traffickers. A 
few victims were provided with the reflection period and testified 
against their traffickers. One hundred trafficking victims were 
identified by authorities in 2007, an increase over the 83 victims 
identified in 2006 but still below the 137 victims identified in 2005.
    Police continued to detain trafficking victims who were minors as 
criminals or to repatriate them without ensuring proper reception by 
authorities in their home countries.
    During the year the Government continued training programs for 
prosecutors and public administration officers, including social 
workers, psychologists, nurses, police personnel, and justices. The 
Government also conducted training programs in conjunction with 
international organizations, including the Council of Europe and the 
International Organization for Migration.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, access to health care, or the provision of other government 
services, and the Government effectively enforced these provisions. The 
law mandates access to buildings for persons with disabilities; 
however, authorities enforced this law poorly. During the year 
rapporteurs to a special parliamentary committee on persons with 
disabilities reported that the lack of accessibility forced such 
persons to stay home and led to serious social exclusion.
    Only 5 percent of public buildings were fully accessible to persons 
with disabilities; most buildings with special ramps did not have 
accessible elevators or lavatories. The deputy ombudsman for social 
welfare handled complaints related to persons with special needs, 
especially those related to employment, social security, and 
transportation.
    The Ministry of Welfare estimated during the year that there were 
approximately 180,000 children with special educational needs. The 
Teachers' Associations estimated that only 18,500 of these children 
attended primary school and that, of this number, only 10 percent would 
go on to attend secondary school, due either to a lack of local special 
education schools or a lack of accessibility. The National 
Confederation of Persons with Disabilities reported in February 2007 
that the educational system for persons with disabilities fostered 
discrimination and social exclusion and that, as a consequence, 90 
percent of children with disabilities were excluded from the mandatory 
nine years of education. The deputy ombudsman for children's rights and 
the NGO Confederation of the Disabled reiterated during the year that 
education was not available for persons with serious disabilities and 
that many persons with disabilities were either forced to leave school 
due to lack of accessibility or were receiving a low quality education 
at the special education schools. The confederation stated that, of the 
10 universities in Athens, only two were accessible to persons with 
disabilities.
    In June members of a special parliamentary committee for persons 
with disabilities said that unemployment of persons with disabilities, 
estimated to be approximately 80 percent, was the greatest social 
problem these persons faced.
    The law states that individuals may be confined in mental hospitals 
only under a court order. In May 2007 the ombudsman for human rights 
reported that 94 percent of persons confined in mental hospitals were 
there under a prosecutor's order but that, in 84 percent of these 
cases, the decision to confine the patient was not supported by a 
corresponding court decision. As a result, the rights of mentally ill 
persons were not effectively protected. The ombudsman further found 
that 97 percent of mentally ill persons had been transferred to mental 
hospitals by police, sometimes handcuffed and escorted as ``dangerous 
persons'' rather than as patients.

    National/Racial/Ethnic Minorities.--Roma continued to face 
widespread governmental and societal discrimination, including 
systematic police abuse; mistreatment while in police custody; regular 
raids and searches of Romani neighborhoods for criminal suspects, 
drugs, and weapons; limited access to education and segregated 
schooling; forced illegal evictions; demolitions of dwellings (which in 
many cases were shacks made of cardboard, plastic sheets, and 
corrugated tin on the edge of city dumps); and a lack of running water, 
electricity, or waste removal.
    During the year AI criticized the Government for its treatment of 
Roma, stating that the Romani community continued suffering forced 
evictions and home demolitions and that Roma faced discrimination and 
racist attacks from both representatives of local administrations and 
society in general. Other international human rights organizations and 
entities, including the European Committee of Social Rights, the 
International Helsinki Federation, the European Commission against 
Racism and Intolerance (ECRI), the UN special rapporteur, and the 
Council of Europe commissioner for human rights, identified numerous 
shortcomings in government policies regarding the Romani community, 
including the failure to provide a sufficient number of dwellings for 
settled Roma or camps for Roma who follow an itinerant lifestyle; 
systematic eviction of Roma from sites or dwellings; segregation of 
Roma into substandard housing that lacked water, sanitation, and other 
basic services; denial of access to education for Romani children; and 
denial of access to health and social programs.
    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 at year's end. Local and international NGOs 
charged that the enforced separation of Romani settlements from other 
inhabited areas contravened the country's commitments under the 
International Convention on the Elimination of All Forms of Racial 
Discrimination.
    There were frequent police raids on Romani settlements and reports 
of harsh treatment of them by police. The ombudsman held a conference 
on Roma issues in December 2007 at which he highlighted that, in 
virtually all categories, Roma were the most marginalized group in 
society. He criticized the Government and society as apathetic and 
indifferent toward measures that would support the Romani community, 
particularly in connection with housing and access to education. Roma 
continued to face problems in registering for an identity card in 
municipalities, without which they could not access basic civic 
opportunities such as voting, contributing to social security, or 
obtaining marriage, commercial, or driver's licenses, or a mortgage. 
The ombudsman criticized the lack of a central authority to coordinate 
action and to monitor government initiatives to tackle long-standing 
Romani problems.
    In April, on International Roma Day, the ombudsman noted that 
society's tolerance of the desperate living conditions of the Roma 
constituted degrading treatment. The GHM reported that the situation 
for the Roma had worsened since 2007 and the National Commission for 
Human Rights said that the unaddressed civil rights problems facing the 
Roma were dimming hopes for Romani integration into, and coexistence 
with, the rest of society.
    In April an academic reported that life expectancy for Roma was 55 
years (compared to 79 for the rest of the population), 90 percent of 
Romani children were not vaccinated, the rate of hepatitis B among Roma 
was three times higher than the rest of the population, and that the 
rate of incarceration for Roma was seven times higher than that of the 
general population.
    Also in April a truck unloading garbage in the Aspropyrgos dump 
killed a pregnant 17-year-old Romanian Romani teenager foraging for 
food.
    Local authorities continued to harass and threaten to evict Roma 
from their camps or other dwellings. In April the International Center 
for the Legal Protection of Human Rights, in partnership with the GHM, 
filed a complaint against Greece with the European Committee of Social 
Rights. The complaint detailed serious and widespread violations of the 
Romani community's right to housing.
    In July the Misdemeanors Court of Athens convicted three employees 
of the extreme right-wing weekly newspaper Eleftheros Kosmos to seven-
month suspended sentences for racist articles against the Roma.
    Government ministries 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 youth centers in areas close to Romani 
communities; and the deployment of mobile health units and community 
social workers to address the needs of itinerant Roma. However, these 
programs reportedly did not always reach the intended target 
communities or were of limited effectiveness. Roma complained that 
government-sponsored housing loans, for amounts up to 60,000 euros 
(approximately $90,000), were insufficient for purchasing housing, and 
that the loan application process was too slow. The Government blamed 
incomplete applications for loan delays.
    Neo-Nazi groups reportedly attacked immigrants during the year. 
Five Pakistanis were injured and one was hospitalized at an attack in 
November 2007 on a western Athens house rented by Pakistani immigrant 
workers. The Greek-speaking neo-Nazi skinheads entered the house after 
kicking and smashing doors and windows. A similar attack took place in 
January, but without injuries. Police did not find the perpetrators and 
stated that they were investigating the allegations. No results were 
announced by year's end.
    Albanian immigrants, who made up approximately 5-7 percent of the 
population, faced widespread societal discrimination, although Albanian 
community representatives said that this was slowly decreasing over 
time. Immigrants accused police of physical, verbal, and other 
mistreatment. They also reported the confiscation and destruction of 
personal documents, particularly during police sweeps to apprehend 
undocumented immigrants. According to AI, the GHM, and the ombudsman, 
the police rejected complaints by Albanians of mistreatment as 
unfounded, even when the complaints were supported by documents such as 
certificates from state hospitals concerning recent injuries, issued 
shortly after the complainants' release from police stations.
    Community leaders reported that it was difficult for ethnic 
Albanians and other immigrants to be granted citizenship, even after 
all objective citizenship requirements had been met. Government 
procedures for granting citizenship are confidential, and the Ministry 
of the Interior and Public Order is not obliged to explain the reasons 
for rejecting an application. Immigrant community leaders noted that 
the ministry regularly rejected the applications of immigrants who 
believed that they met all citizenship criteria. Applying for 
citizenship was further discouraged by the 1,500 euro (approximately 
$2,100) nonrefundable application fee. During the year the ombudsman 
noted that delays in citizenship procedures were excessive and 
unjustified. The ombudsman reported that few applications for 
citizenship were accepted by the Ministry of the Interior and Public 
Order and that many applications were pending for years, even if the 
applicants met all requirements.
    A number of Greek citizens identified themselves as Turks, Pomaks 
(Slavic-speaking Muslims), Vlachs (a Balkan minority group speaking a 
dialect of Romanian), Roma, Arvanites (Orthodox Christians who speak a 
dialect of Albanian), or Macedonians. Some members of these groups 
sought to be officially identified as ``minorities'' or ``linguistic 
minorities.'' The Government considers the 1923 Treaty of Lausanne as 
providing the exclusive definition of minorities in the country and 
defines the rights they have as a group. In accordance with this view, 
the Government recognizes only a ``Muslim minority.'' The Government 
does not confer official status on any indigenous ethnic groups, nor 
does it recognize ``ethnic minority'' or ``linguistic minority'' as 
legal terms. However, the Government affirmed an individual right of 
self-identification.
    Many 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. Associations 
with either term in their name were denied official recognition. To 
most ethnic Greeks, the words Tourkos and Tourkikos connote Turkish 
identity or loyalties, and many ethnic Greeks objected to their use by 
Greek citizens of Turkish origin.
    Some members of the Pomak community claimed they were pressured by 
members of the Turkish-speaking community to deny the existence of a 
Pomak identity as separate from a Turkish identity. Media in 
Thessaloniki reported in October that two editors of Millet, a local 
paper published in Turkish, were given 12-month suspended sentences for 
inciting hatred against the Pomak community.
    The Government did not recognize the existence of a Slavic dialect, 
called ``Macedonian'' by its speakers, spoken in the northwestern area 
of the country. A small number of Slavic speakers insisted on self-
identifying as ``Macedonian,'' a designation that generated strong 
opposition from other Greeks. These Slavic speakers claimed that the 
Government pursued a policy designed to discourage the use of their 
language. Government officials and the courts denied requests by Slavic 
groups to identify themselves using the term ``Macedonian,'' stating 
that approximately 2.2 million ethnic (and linguistically) Greek 
citizens also use the term ``Macedonian'' to identify themselves.

    Other Societal Abuses and Discrimination.--The NGO Greek Homosexual 
Community (EOK) alleged that police often abused and harassed 
homosexuals and transvestites and subjected them to arbitrary identity 
checks and bodily searches in public places.
    There were no reports of discrimination against persons with HIV/
AIDs.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
with the exception of members of the military services, have the right 
to form and join independent unions of their choice without any 
previous authorization or excessive requirements, and workers exercised 
this right. Approximately 30 percent of the total labor force was 
unionized. There were no unionized agricultural employees. 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 strike, and workers in the 
private sector and in public corporations exercised this right in 
practice. Police have the right to organize and demonstrate but not to 
strike. There are some legal restrictions on strikes, including a 
mandatory notice period of four days for public utilities and 24 hours 
for the private sector. The law mandates minimum staff levels (as 
determined by management) 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 (of transportation workers, air traffic controllers, 
garbage collectors, customs employees, and others) illegal during the 
year for reasons such as the failure of the union to give adequate 
advance notice of the strike or the introduction of new demands by a 
union during the course of the strike, but no workers were prosecuted 
for striking.

    b. The Right to Organize and Bargain Collectively.--The law 
generally provides for the right to bargain collectively in the private 
sector and in public corporations, and unions exercised this right 
freely. No antiunion discrimination was reported during the year.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forced or compulsory labor, including by children; however, there 
were reports that women, children, and occasionally men were trafficked 
for commercial sexual exploitation or labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace and prohibits 
forced or compulsory labor; however, the Government did not adequately 
protect children, including Roma, who were trafficked for commercial 
sexual exploitation as well as for labor, such as begging on the 
street.
    The minimum age for employment in the industrial sector is 15, with 
higher limits for some activities. The minimum age is 12 in family 
businesses, theaters, and the cinema. These limits were enforced by 
occasional spot checks and were generally observed. Families who 
engaged in agriculture, food service, and merchandising were often 
assisted by younger family members on at least a part-time basis.
    Child labor was a problem, although international and local 
observers agreed that the number of working children had decreased in 
recent years. A number of children begged or sold small items in the 
streets. The Government and NGOs reported that the majority of beggars 
were either indigenous or Albanian Roma. Local children's advocates 
estimated that a large number of the 150,000 children under 18 years of 
age who dropped out of school each year ended up in the labor market, 
often in poorly- paid and arduous positions. Jobs for dropouts included 
washing cars, pumping gas, construction, and low-level service sector 
employment.
    In December HRW reported that unaccompanied migrant children were 
particularly vulnerable to labor exploitation. These minors worked 
mainly in the agriculture, construction, and garment-manufacturing 
sectors, all in situations that violated the law. Farm and construction 
jobs, in particular, were reported to be hazardous to the children's 
health. All of the children that HRW interviewed were paid below the 
minimum wage and many worked 12 hours or more per day.
    There were reports that children from Albania were trafficked and 
forced to beg; however, antitrafficking NGOs reported a decrease in 
trafficking as more Albanian parents entered the country legally with 
their children. Some parents forced their children to beg for money or 
used their children to elicit sympathy while begging for money.
    The labor inspectorate is responsible for enforcement of labor 
legislation; however, trade unions alleged that enforcement was 
inadequate due to serious labor inspectorate understaffing.

    e. Acceptable Conditions of Work.--The national minimum wage of 31 
euros (approximately $47) per day and 680 euros ($1,020) per month 
provided a decent standard of living for a worker with a family. Wages 
were officially the same for local and foreign workers, but there were 
reports of undocumented foreign workers being exploited by employers 
who paid low wages and made no social security contributions.
    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 one month per 
year, and sets limits on the amount of overtime worked. Premium pay and 
authorization by the Ministry of Employment is required by law for 
overtime work. The labor inspectorate is responsible for enforcement of 
labor legislation; however, trade unions alleged that enforcement was 
inadequate, especially in the construction and public works sectors, 
due to inadequate inspectorate staffing.
    The law provides for minimum standards of occupational health and 
safety. The Greek General Confederation of Labor 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 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 five days if they see safety or health 
hazards that they believe represent an imminent danger to workers.

                               __________

                                HUNGARY

    Hungary is a republic with a multiparty, parliamentary democracy 
and a population of approximately 10 million. Legislative authority is 
vested in the unicameral National Assembly. The president, who is 
elected every five years by the National Assembly, is head of state and 
appoints a prime minister from the majority party or coalition. The 
April 2006 National Assembly elections were free and fair. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens; however, problems remained and worsened, including in the 
following areas: reports that police used excessive force against 
suspects, particularly Roma; progovernment bias in state-owned media; 
extremist violence and propaganda against ethnic and religious minority 
groups; and government and societal corruption. Other human rights 
problems included societal violence against women and children, sexual 
harassment of women, and trafficking in persons. Extremists 
increasingly targeted Roma and other dark-skinned persons. A series of 
violent attacks against Roma led to four deaths and multiple injuries. 
Discrimination against Roma in education, housing, employment, and 
access to social services continued. Violence and abuse directed at 
gays 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 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, nongovernmental 
organizations (NGOs) continued to report that police harassed and used 
excessive force against suspects, particularly Roma.
    According to the office of the chief public prosecutor, 15 
complaints of police mistreatment and 10 of use of force during 
interrogation were filed during the first six months of the year. The 
complaints resulted in 18 indictments of police officers. NGOs asserted 
that most complaints were made by Roma and other dark-skinned persons; 
however, due to privacy laws, no information was available on the 
persons who filed the complaints.
    During the year authorities continued to investigate accusations 
that police mistreated six Romani men in June 2007 during an identity 
check. No information about the status of the investigation was 
available at year's end.
    On January 23, the Budapest prosecutor's office began an 
investigation into claims that a young woman may have falsely accused 
five police officers of rape in May 2007. The officers were cleared of 
the charge in December 2007 for lack of evidence. The woman, however, 
filed a separate criminal case against the officers. The investigation 
and criminal case were pending at year's end.
    On July 1, the Budapest prosecutor's office charged three police 
officers from Somogy County with abuse for humiliating two mentally 
retarded men during questioning about a February 2007 theft. The case 
was pending at year's end.
    Actions by the national police and other law enforcement officers 
to control violent, large-scale antigovernment demonstrations in 
September and October 2006 continued to be a subject of public concern. 
An estimated 326 demonstrators and 300 police officers were injured, 
and 380 protestors were either arrested or detained. Opposition parties 
and NGOs alleged that police had excessively and illegally used water 
cannons, tear gas, and rubber bullets to break up the demonstrations.
    Approximately 199 criminal investigations were conducted into 
allegations of police misconduct during the demonstrations; most were 
closed without charges. Eighteen police officers were charged with 
suspicion of causing bodily injuries. Of that number, five were 
sentenced and 13 cases were pending at year's end.
    In civil proceedings, the Budapest municipal court issued six 
verdicts during the year, ordering police authorities to pay 7.2 
million forint (approximately $38,170) to compensate six demonstrators 
who were either beaten or illegally detained.
    For example, one person who was kicked in the stomach, handcuffed, 
and detained for half a day was awarded 500,000 forints ($2,650) for 
violations of human dignity and personal freedom. In a number of cases, 
criminal charges were not filed because the police officers who 
committed the alleged abuses could not be identified.
    On January 1, a new law took effect prohibiting the use of rubber 
bullets by police. The National Assembly adopted the measure in June 
2007 in response to recommendations from an independent committee and 
the Hungarian Civil Liberties Union (HCLU) that investigated the 2006 
demonstrations.
    Some officials expressed frustration over police misconduct during 
the 2006 demonstrations and the inability of courts to resolve cases 
expeditiously. On June 9, President Laszlo Solyom said the state and 
the rule of law were ``gravely injured'' by the failure to bring more 
police officers to justice. A judge who presided over a case against a 
police officer said he was dissatisfied with the testimony of police 
officers who testified in support of the officer and accused some of 
lying.
    On January 21, the Budapest Prosecutor General fired Gergely Varga 
in connection with statements he allegedly made prior to assuming a 
position as office spokesman. According to a secret tape recording made 
by a journalist, Varga pressured witnesses not to testify against his 
police officer friend who was on trial for his actions in the 2006 
demonstrations. Varga said that his friend and other police officers on 
trial were innocent and falsely claimed that he knew the actual 
perpetrators.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    Prison overcrowding was a problem; however, it continued to 
decline, and the Government opened two new prisons during the year. The 
overall prison population dropped to 117 percent of capacity, compared 
with 132 percent in 2007. At year's end, 14,736 inmates were held in 
prison and detention centers. Juveniles were not held together with 
adults.
    According to the Hungarian Helsinki Committee (HHC), prison 
overcrowding was accompanied in some instances by a severe shortage of 
bed linens, towels, clothing, and inadequate medical care. Sanitation 
and toilet facilities were also poor in certain facilities; in some 
prisons toilets were not separate from living spaces. Many police 
holding cells did not have toilets and lighting and ventilation were 
often inadequate.
    According to authorities, seven inmates committed suicide during 
the year.
    At year's end an investigation continued into allegations that 
prison guards in October attacked an inmate in the Miskolc Prison. The 
inmate reported that he was beaten after a disagreement with a guard, 
and spent 29 days recovering from his injuries.
    On September 4, the civil rights ombudsman released a report 
alleging that the constitutional rights of juvenile prisoners to life 
and dignity were at risk. The ombudsman opened an investigation into 
juvenile prison conditions following a death at a juvenile prison in 
Tokol where a prisoner was killed in October 2007.
    The HHC reported that it made four visits to various prisons during 
the year and was allowed to meet with prisoners without third parties 
present.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The Hungarian National 
Police (HNP), which operates under the direction of the Ministry of 
Justice and Law Enforcement, is responsible for enforcing laws and 
maintaining order nationwide. Twenty regional police departments are 
directly subordinate to the HNP; city police are subordinate to the 
regional police and have local jurisdiction. Three organizations within 
the HNP have national jurisdiction: the Republican Guard, the National 
Bureau of Investigation, and the Emergency Police (formerly called 
Rebisz), who are also responsible for counterterrorism and crowd 
control.
    Corruption within law enforcement agencies remained a problem. In 
contrast with 2007 there were no major scandals or charges of criminal 
acts by police that led to the dismissal or resignation of senior law 
enforcement officials. Penalties for police officers found guilty of 
wrongdoing include reprimand, dismissal, and criminal prosecution. 
During the year, 1,762 policemen were held responsible for breaching 
discipline; 616 for misdemeanor offenses; 13 were declared unfit for 
duty, and 262 were charged with committing a crime.
    As of October three policemen were sentenced to prison and 30 
received suspended sentences; 152 were fined, 2 were demoted, 2 were 
dismissed, 20 were reprimanded, and 17 were placed on probation. In 
addition, 22 police officers were convicted of corruption.
    In October 2007 the HHC reported that law enforcement officials 
accused of a crime routinely received preferential treatment from the 
courts. According to the committee, police officers were generally not 
suspended during criminal proceedings and received disproportionately 
light punishments. In addition, a special provision in the penal code 
allows courts to clear convictions from the official record, thereby 
allowing police officers to continue working.
    On January 1, an Independent Police Complaints Board (IPCB) began 
operating to investigate violations by police and border guards. The 
five-member body appointed by the National Assembly functions 
independently of police authorities. At year's end the board received 
194 complaints filed by citizens. Of that number, the IPCB reviewed 109 
and found substantial legal violations in 64 cases. The board forwarded 
31 cases to the national police chief, who agreed with the findings in 
three cases, partially accepted the findings in four cases, and 
rejected the remainder.
    A mobile police unit established in 2007 within the HNP to monitor 
legality of police acts around the country continued to operate. The 
HNP also continued to operate toll-free phone line for citizens to 
report police abuses.

    Arrest and Detention.--Under the law police must obtain a warrant 
from a prosecutor's office, a court, or from the police department to 
make arrests. Police must inform suspects of the charges against them 
and of the section of the criminal code under which they are acting.
    Persons may be subject to ``short-term arrest'' if they are caught 
committing a crime or are suspected of committing a crime. Short-term 
arrest generally lasts eight hours, but may be 12 hours in exceptional 
cases. However, if suspects have no identification and pose a threat to 
public security, police may detain them for 24 hours. Police and the 
prosecutor's office can order detention for 72 hours for suspects who 
are caught in the act when their identity cannot be established or if 
conditions justify pretrial detention. If pretrial detention is not 
ordered within 72 hours, the person must be released.
    There is a functioning bail system. Suspects must be informed of 
their right to counsel. Representation by defense counsel is mandatory 
when defendants face a charge carrying five years or more in prison; 
are in detention; are deaf, blind, or suffering from a mental disorder; 
are unfamiliar with the Hungarian language; are unable to defend 
themselves in person for any other reason; are juveniles; or are 
indigent and request the appointment of a defense counsel. If 
participation of a defense counsel is required, defendants have three 
days to hire an attorney, otherwise authorities will appoint one.
    According to the Office of the Prosecutor General, there were 1,891 
persons in pretrial detention as of July 31. Of these, 278 had been 
detained between six months and one year and 38 had been detained for 
over one year.
    In most cases the law permits detainees to notify relatives or 
others of their detention unless notification would jeopardize the 
investigation. If the detainee cannot exercise this right, police must 
perform the notification. However, NGOs reported that in practice this 
provision was not fully respected. Under the law persons who were 
detained and later acquitted may receive monetary compensation.
    According to NGO reports, Roma were more frequently held in 
pretrial detention than non-Roma and were subjected to racial 
profiling. Research conducted by the HHC with data from the HNP and the 
National Police College showed that Roma were three times more likely 
to be stopped for identification checks than non-Roma, despite data 
suggesting that Roma are no more likely to be involved in unlawful 
activities than non-Roma.

    e. Denial of Fair Public Trial.--The law and the constitution 
provide for an independent judiciary, and the Government generally 
respected judicial independence in practice.
    The country has a four-tier judicial system consisting of local and 
county courts, appellate courts, and the Supreme Court, which exercises 
control over the operations and judicial procedures of all other 
courts. There is also an 11-member Constitutional Court, which is 
elected by the National Assembly and independent of the judicial 
system. It is charged with reviewing the constitutionality of laws and 
international treaties ratified by the Government. Citizens may bring 
cases directly to the Constitutional Court.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    Trials are generally public, but in some cases judges may close a 
trial to protect the accused or the victim. In July the Government 
eliminated a 1986 Ministry of Justice rule that regulated media access 
to police and judicial proceedings. The Hungarian Civil Liberties Union 
(HCLU) routinely criticized the courts for restricting the media's 
access to the courtroom.
    There is no jury system; judges are the final arbiters. Judicial 
proceedings generally are investigative rather than adversarial. 
Defendants are presumed innocent until proven guilty and are entitled 
to counsel and can be present during all phases of criminal 
proceedings. Counsel is appointed for indigent persons, but public 
defenders were generally considered to be substandard.
    In January the HHC proposed reforms to the public defender system 
to address critical shortcomings. For example, the HHC cited as 
specific areas of concern low salaries, uneven service quality, and a 
questionable process whereby investigating authorities appointed the 
defense council. The HHC proposed that public defenders should be 
appointed by an independent legal aid organization and their work 
should be regularly checked by a professional committee.
    Judicial proceedings varied in length; delays of several months to 
a year were common. Defendants may challenge or question witnesses and 
present witnesses and evidence on their own behalf. They have access to 
government-held evidence relevant to their cases. The defendants have 
the right of appeal.
    The law extends rights to all citizens; however, human rights and 
Romani organizations claimed that Roma received unequal treatment in 
the judicial process.
    On March 26, Transparency International (TI) released a report that 
criticized courts for lacking sufficient transparency and 
accountability. The report recommended introducing clear ethical 
standards in court bodies, making the operation of the National Justice 
Administration Council transparent and open to the public, and making 
court documents accessible.
    Military trials follow civil law and may be closed on national 
security or moral grounds. In all cases sentencing must take place 
publicly. Civilians may not be tried in military courts.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Under the law persons may 
initiate lawsuits to seek damages for human rights violations; however, 
fines levied in such cases are often too small to deter violators.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, a functioning judiciary, and 
a democratic political system combined to ensure freedom of speech and 
of the press; however, there were charges that the government-owned 
media were politically biased.
    Individuals could criticize the Government in public or private 
without reprisal; however, individuals, including journalists, can be 
held liable for their statements or for publicizing libelous statements 
made by others. Libel is a criminal offense. Officials continued to 
resort to libel laws to claim compensation for perceived injuries to 
their character.
    The National Television and Radio Commission is responsible for 
monitoring public and commercial broadcasting outlets, and for granting 
licenses and frequencies. The head of the seven-member board is 
nominated jointly by the president and the prime minister; six other 
members are appointed by the National Assembly, half by governing 
political parties and half by the opposition. The board monitors news 
broadcasts to ensure equal treatment of all political parties; however, 
opposition parties continued to claim that news coverage in state-owned 
media was biased in favor of the Government.
    On November 5, the Supreme Court acquitted Gyula Thurmer, president 
of the Hungarian Communist Workers Party, and six coworkers who had 
been charged with libel after describing a 2005 decision by municipal 
court chairman Laszlo Gatter as politically motivated.
    Under the law, a person targeted by hate speech can file a civil 
suit. ``Hate mongering'' is considered a criminal offense if it leads 
to physical assault.
    On June 30, the Constitutional Court ruled in favor of President 
Solyom's veto of a hate speech law stating that the right to free 
speech cannot be denied solely because comments are offensive to 
others. In October 2007 the National Assembly adopted two measures to 
criminalize offensive remarks in cases where a person's ethnic, racial 
or religious group-rather than the individual person-was insulted.
    The law prohibits public displays of certain symbols, including the 
swastika, hammer and sickle, red star, and arrow cross, a symbol 
associated with the country's fascist World War II government.
    On December 20, Hungarian Workers Party Deputy Chairman Attila 
Vajnai and four colleagues were detained at a demonstration in Budapest 
for displaying Communist red stars. They were detained in spite of a 
finding in July by the European Court of Human Rights (ECHR) which said 
Vajnai's right to freedom of expression had been restricted when he was 
detained and fined in 2003 for displaying the red star. The ECHR also 
stated that the country's laws banning the use of totalitarian symbols 
are indiscriminately applied and too broad. On July 14, Vajnai appealed 
to the Constitutional Court to lift the ban on the use of the Communist 
red star. His appeal was pending at year's end.
    The independent media were active and expressed a wide variety of 
views without restriction; however, state-owned radio and television 
stations, which accounted for 18 percent of the media market, featured 
a generally progovernment point of view.
    The cases of two journalists who were arrested by police while 
reporting on a demonstration in November 2007 were resolved during the 
year. Police said they arrested the journalists because they were 
interspersed among demonstrators at an illegal protest in Budapest. 
They were also fined approximately 40,000 forints (approximately $212) 
each for ``disobeying authorities.'' Human rights NGOs and journalists' 
organizations protested the arrests as a violation of freedom of the 
press and an infringement on the public's right to information. One of 
the journalists was acquitted; the second was convicted and paid a 
reduced fine of 15,000 forints ($80).
    There were no developments during the year in the 2007 appeals 
filed by two photo journalists who said they were harassed by police in 
2006 while covering a street brawl after a soccer match. The Budapest 
prosecutor's office had dismissed the case for lack of evidence.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.
    The Internet was widely available and approximately 39 percent of 
the population had access to the Internet, which was a four percent 
increase from 2007.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for freedom of assembly and association, and the 
Government generally respected this right.

    Freedom of Assembly.--Under the law event organizers must inform 
police of a public assembly at least three days in advance. On May 26, 
the Constitutional Court, acting on a recommendation from the Ministry 
of Justice and Law Enforcement, ruled that police were no longer 
required to disband any assembly held without prior notification. The 
court ruled that a spontaneous rally which is otherwise lawful must not 
be disbanded due to the organizers' failure to inform police in a 
timely fashion.
    On June 19, following criticism by the HHC and other civil society 
organizations, the Budapest police revoked a ban on a gay pride parade 
scheduled for July 5. The city's police chief had previously stated 
that the event would obstruct important traffic routes in central 
Budapest. The parade occurred, although marchers were subjected to 
verbal and physical abuse from counter-demonstrators.
    On July 30, the Pest County police fined Fidesz party official 
Gyula Budai 40,000 forints ($212) for holding a press conference on 
June 11 without notifying the police. Police officials claimed that 
Budai had violated the assembly laws, but subsequently reversed their 
decision. On August 13, police officials stated that the assembly act 
does not apply to press briefings and prior police notification is not 
required.
    On October 7, the ECHR ruled that authorities violated the right to 
assembly when they refused to allow a few dozen persons to stage a 
candlelight demonstration outside former Prime Minister Medgyessy's 
house in 2004.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right.
    On December 16, the Budapest municipal court ruled in favor of the 
prosecutor's office civil suit to disband the extremist Magyar Garda 
Association (MGA) for abusing the right to form an association and for 
conducting activities that infringe upon the freedom and rights of 
Roma. The MGA was formed in 2007 by the Movement for a Better Hungary 
(Jobbik) following violent 2006 antigovernment demonstrations to 
``preserve the country's traditions and culture.''
    In its ruling, the court declared that, despite its stated purpose, 
MGA actions violated the country's law on associations and created an 
anti-Romani atmosphere. For example, in March MGA members staged a 
rally in Tatarszentgyorgy that attracted Magyar Garda paramilitary 
sympathizers who said ``gypsy crimes'' were a threat to public safety. 
The MGA had also staged marches in other small towns and rural 
communities dressed in uniforms and carrying flags associated with a 
World War II fascist organization, the Hungarian Arrow Cross Party. The 
MGA appealed the ruling, and the case was pending at year's end.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    There is no state religion, and under the law every registered 
religious group is entitled to the same rights. The four ``historical'' 
religious groups (Catholic, Reformed, Lutheran, and Jewish), received 
93 percent of state financial support provided to religious groups.
    According to Supreme Court records, 361 churches were registered as 
of May. To register, religious groups must submit a statement to a 
county court declaring that they have at least 100 followers. The court 
determines whether the registration of the new group complies with 
constitutional and legal requirements.
    During the year the Reformed Church objected to the Government's 
reported failure to disburse monetary subsidies to it, and in May filed 
an official complaint with the Constitutional Court. On June 3, the 
State Audit Office (ASZ) released an official report concluding that, 
in 2005-06, the Government withheld 2.7 billion forints (approximately 
$14.3 million) in subsidies from schools operated by religious 
organizations.

    Societal Abuses and Discrimination.--The Jewish population is 
estimated to be between 80,000 to 100,000. During the year anti-Semitic 
incidents, including vandalism, continued. The Federation of Jewish 
Communities in Hungary reported that there had been an increase in 
anti-Semitism compared to 2007 and expressed particular concern over 
the publication of anti-Semitic articles in the national newspaper 
Magyar Hirlap. They associated the increase with anti-Semitic groups 
who took advantage of widespread discontent over the country's economic 
difficulties.
    The privately owned weekly newspapers Magyar Demokrata and Magyar 
Forum continued to publish anti-Semitic articles.
    There were several extremist Hungarian language Web sites, many of 
which were openly anti-Semitic. At least two Web sites regularly 
published verbal attacks against the Jewish community and repeatedly 
called for physical violence against Jews. NGOs reported that the 
Government monitored these Web sites for content to enforce the ban on 
public display of such symbols as the swastika, hammer and sickle, the 
red star, and the arrow cross.
    On May 28, the mayor of Gyor, Zsolt Borkai, filed a report with 
police after posters with national socialist content appeared in the 
city's public areas. The posters featured a series of national 
socialist slogans: ``We are coming! National Socialism! We cannot be 
stopped! Join us!'' The poster also carried the address of a Web site 
that proclaimed: ``Sixty-three years after World War II, we are here 
again, to fight for our race and nation even more strongly and with 
more dedication!'' The site also praised Hitler and other Nazi leaders. 
Police did not investigate the allegations after they determined the 
actions did not constitute a crime.
    During the year two local school councils appointed a teacher, who 
in 2007 posted a picture of himself on the Internet wearing an SS 
uniform, to a school director position. While Minister of Culture 
Istvan Hiller called on the councils to withdraw the appointment and 
parents opposing the nomination held a protest in front of the town 
hall, the local councils refused to withdraw the appointment.
    On July 17, members of a Budapest district council informed police 
about the reported screening of the 1941 Nazi propaganda and anti-
Semitic film Jud Suss. Police investigated two brothers who were 
suspected of showing the film without the required permission from the 
German Foundation. The brothers also allegedly sold Nazi and neo-Nazi 
objects as part of a business venture. The brothers responded by filing 
a complaint with the Budapest chief prosecutor's office claiming that 
the investigation lacked legal merit. The prosecutor's office agreed, 
saying their acts did not constitute ``hate mongering.'' However, 
police continued the investigation into the men's activities.
    On September 28, seven masked extremists attacked patrons at the 
Budapest Jewish Theater, dousing them with acid and animal feces. A 
neo-Nazi blogger claimed responsibility for the acts but said the 
intended target was the show's Jewish playwright, Zoltan Toepler. The 
theater had reportedly requested police security for the performance 
after several persons associated with the production received 
threatening messages. Police were scheduled to provide security, but 
reportedly received information that the event had been cancelled. They 
arrived later, but not in time to apprehend the attackers.
    On October 10, two members of the National Assembly, Sandor Lezsak 
and Zoltan Balog, were accused of making anti-Semitic comments during a 
public ceremony honoring Ottokar Prohaszka, a Catholic bishop turned 
member of the National Assembly from the early twentieth century. 
Prohaszka was considered by many groups to have been an anti-Semite and 
described as ``a leading figure of conservative anti-Semitic ideology'' 
by the Budapest Holocaust Memorial Center. The Hungarian Catholic 
Church has rejected has rejected the charge. Lezsak praised Prohaszka 
for ``raising his voice for curbing the cosmopolitan-parasite 
element,'' while Balog stated, ``there is a need for the defense of the 
Christian faith because if we let it be taken away from us then we 
Hungarians will survive only in the biological sense.'' Media reports 
accused Lezsak and Balog of anti-Semitism, noting that the 
``cosmopolitan-parasite element'' was a reference to Jews.
    According to police there were 365 reports of vandalism or 
destruction of Jewish and Christian properties (31 in houses of worship 
and 334 in cemeteries) during the first ten months of the year, as 
compared to 287 reported cases in 2007 and 387 in 2006. Although police 
and some religious authorities claimed that the incidents were acts of 
vandalism and not manifestations of religious intolerance, some 
religious leaders and members of human rights organizations thought 
otherwise.
    The prime minister, senior government officials, and 
representatives of other parties routinely countered various extremist 
demonstrations, and initiated and participated in several 
demonstrations during the year.
    On April 29, the anti-Semitic motorcycle gang, Goy Cyclists, 
planned a protest at the headquarters of a national daily which had 
published a satirical article branding them as ``Nazis.'' The prime 
minister joined approximately 300 counterdemonstrators at the protest.
    On May 9, the prime minister announced the formation of the 
Democratic Charter, a new movement dedicated to combating violence and 
halting extremism. On September 18, the Democratic Charter staged its 
first antiextremism rally, which attracted approximately 4,000 
participants including the prime minister, the mayor of Budapest, and 
members of opposition parties.
    The Government distributed compensation to some Holocaust survivors 
during the year, but the Compensation Office continued to be hindered 
by bureaucracy and inefficiency resulting in denial of large numbers of 
claims. For example, the Compensation Office reported that, of the 
5,600 claims filed by U.S. Holocaust survivors, 4,500 have been denied. 
The denials most frequently result from insufficient documentation 
provided by the claimant. The NGO Bet Tzedek described the Hungarian 
documentation requirement as ``onerous'' and stated it creates 
unrealistic obstacles that most claimants are unable to overcome.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in providing 
protection and assistance to refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern.
    The law does not provide for forced exile, and the Government did 
not employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or the return of refugees to countries where their lives or 
freedom would be threatened.
    During the first six months of the year, the Office of Immigration 
and Nationality received 1,218 applications for refugee status of which 
it approved 99. The Government also provided temporary protection to 31 
individuals who did not qualify as refugees under the 1951 convention 
and the 1967 protocol.
    On August 1, a regional representative from the UNHCR raised 
concerns over the Government's treatment of refugees following a fight 
between asylum seekers in a refugee camp on July 30. The representative 
cited scarce funding, staffing cuts, limited access to healthcare, and 
poor food quality as the primary areas of concern.
    Changes in the law, which took effect on January 1, improved the 
conditions under which authorities detain asylum seekers. Maximum 
detention periods were reduced from one year to six months and the 
Government widened the circle of family members who could be included 
as part of an asylum case.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens 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 and Political Participation.--In April 2006 Prime 
Minister Gyurcsany and his Socialist-Liberal coalition were returned to 
office in a free and fair election. The coalition subsequently 
dissolved, leaving the Magyar Szocialista Part (MSzP) as the sole 
governing party.
    There were no government restrictions on political parties.
    There were 43 women in the 386-seat National Assembly and two women 
in the Council of Ministers.
    Due to data privacy laws, no information was available on the 
number of minorities in the National Assembly or the Council of 
Ministers.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials were widely believed to 
engage in corrupt practices with impunity. According to the World 
Bank's Worldwide Governance Indicators, government corruption was a 
problem. Low-level corruption among law enforcement officials also 
remained a problem.
    The law requires members of the National Assembly, high-level 
government officials, civil and public servants, and law enforcement 
officials to disclose their financial status on a regular basis.
    An 18-member anticorruption coordination board established in June 
2007 to analyze corruption encountered difficulties during the year. 
The board originally consisted of cabinet members, representatives of 
nongovernmental state institutions, and NGOs. However, in December, 
three NGO representatives left the board, citing frustration that none 
of the board's recommendations, including a complex anti-corruption 
strategy, had yet been adopted.
    On March 3, the Government established a National Antifraud Council 
(HENT) to counter black market activity and fraud. The council consists 
of representatives of six ministries, three law enforcement agencies 
and 10 property rights interest groups. Its goals included setting up a 
uniform database to track the black market and drafting a comprehensive 
strategy to address the problem.
    Corruption in the executive and legislative branches reportedly 
increased during the year, and there were numerous cases of alleged 
corruption that received significant public attention during the year.
    For example, on May 14, the Bacs-Kiskun County prosecutor's office 
charged former Socialist Party (MSZP) National Assembly member Janos 
Zuschlag and 15 accomplices with fraud. The defendants were accused of 
building a network of civilian groups between 1995 and 2001, securing 
state subsidies under false pretenses, and issuing false reports and 
fraudulent invoices. Using nearly 75 million forints (approximately 
$400,000) in state funds, the defendants allegedly financed private 
enterprises and an election campaign. Criminal proceedings were pending 
at year's end.
    On August 7, the Budapest prosecutor general's office ordered the 
Budapest police to investigate allegations of corruption and misuse of 
funds in connection with the creation of the official government 
spokesman's Web site. The Government solicited bids to develop the 
website and eventually settled on a 200 million forints ($1.1 million) 
contract. Critics stated that the Web site's poor design and content 
did not justify the outlay of money. An investigation into the alleged 
misuse of funds was pending at year's end.
    The law provides for access to government information and the 
Government generally provided it upon request. However, many court 
rulings remained unavailable to the public. During the year the HCLU 
filed several lawsuits against the Government for hindering access to 
public information.
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 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; however, in practice, widespread 
discrimination persisted, particularly against Roma. Violence against 
women, child abuse, and trafficking in persons were also problems.
    As of September 30, the Equal Treatment Authority (ETA), which 
monitors enforcement of antidiscrimination laws, received 964 
complaints. Of that number, the ETA launched 443 inquiries; 27 
discrimination complaints were determined to be justified. In those 
cases the ETA ordered employers to stop the illegal activity, to 
restrain from further wrongdoing and, in six cases, pay penalties 
ranging from 500,000 to three million forints ($2,650 to $15,900).

    Women.--Rape, including spousal rape, is illegal, but the crime was 
often unreported. Penalties for rape range from two to eight years in 
prison to as long as 15 years in aggravated cases.
    The 2007 country report by the UN Committee on the Elimination of 
Discrimination Against Women criticized the Government for its narrow 
definition of rape. Under the law, a sexual assault is considered to be 
rape only if it involves the use of force.
    During the first six months of the year, police investigated 93 
rape-related cases, which led to 60 indictments for rape. No figures 
were available on the number of convictions.
    The law does not specifically prohibit domestic violence or spousal 
abuse. The charge of assault and battery, which carries a maximum 
prison term of eight years, was used to prosecute domestic violence 
cases. According to the HNP, 2,137 women were reported to be victims of 
domestic violence during the first ten months of the year, compared to 
2,593 in all of 2007; however, most incidents of domestic violence went 
unreported due to fear and shame on the part of victims. Expert 
research in the field of family violence indicated that approximately 
20 percent of women in the country had been physically assaulted or 
victimized by domestic violence. However, prosecution for domestic 
violence was rare.
    NGOs continued to criticize a law passed in 2006 that permits 
courts to issue restraining orders to protect persons from abusive 
spouses. Under the law, prosecutors must be willing to carry out a 
court order, which they have been reluctant to do in the past.
    Prosecution of abuse against women was difficult because of 
societal attitudes that tended to blame the victim, and NGOs reported 
that police remained reluctant to arrest abusers. Victims' rights 
advocates indicated that the reluctance may have been due to a lack of 
confidence that the judicial system would effectively resolve abuse 
cases.
    The Ministry of Social Affairs and Labor continued to operate an 
Internet site on domestic violence and a 24-hour hot line for victims 
of domestic abuse and increased the number of government-run shelters 
for abused women from 10 to 11.
    Prostitution is legal, but persons engaged in prostitution could 
only work legally in certain locations, away from schools and churches. 
Estimates of the number of persons regularly engaged in prostitution 
varied from 7,000 to 9,000, rising to as many as 20,000 during the 
summer tourist season. Many were either coerced or lured into 
prostitution by pimps. The number of women under the age of 18 involved 
in prostitution has reportedly increased over the past few years.
    The law provides the right to a secure workplace and prohibits 
sexual harassment, which is a criminal offense. While there were no 
reports of sexual harassment to the ETA, it remained a widespread 
problem that many women tolerated in the workplace because they feared 
losing their jobs.
    Under the law men and women have equal rights. During the year the 
ETA did not report any cases of employers discriminating against women. 
However, there was economic discrimination against women in the 
workplace, particularly against job seekers older than 50 and those who 
were pregnant. According to the Central Statistical Office, women 
earned approximately 11 percent less than men.

    Children.--The Government remained committed to children's rights 
and welfare.
    The law provides for free, compulsory education for children 
through 18 years of age; however a 2006 study found that over 82 
percent of Roma have eight years of education or less, compared with 36 
percent of the rest of the population. Similarly, while an estimated 40 
percent of the population had some form of secondary schooling, only 
3.1 percent of Roma received a comparable education.
    The public education system continued to provide inadequate 
instruction for minorities in their own languages. Romani language 
schoolbooks and qualified teachers were in short supply.
    Segregation of Romani schoolchildren remained a problem. They were 
often placed in remedial classes without cause, effectively segregating 
them from other students. NGOs and government officials estimated that 
20 percent of Romani children were in remedial programs. Many schools 
with a majority of students had simplified teaching curricula. Schools 
where Roma constituted the majority were generally more crowded, less 
well equipped, and in significantly worse physical condition than those 
attended by non-Romani students.
    On November 19, the Supreme Court ruled in favor of the NGO Chance 
for Children Foundation (CFCF) which had brought a desegregation 
lawsuit against the municipality of Hajduhadhaz. The ruling stated that 
the municipality and two of its primary schools had unlawfully 
discriminated against Romani children by segregating them from non-
Romani students. CFCF had accused the local authorities of relegating 
the Romani children to separate, poorly maintained buildings where they 
used a simplified curriculum. Two additional CFCF lawsuits against the 
local authorities of Jaszlandany, Gyor, and Kaposva were pending at 
year's end.
    On May 2, the National Assembly adopted a law requiring local 
authorities operating schools to draw up an equal opportunity plan 
against segregation. Noncompliant schools were prohibited from bidding 
for EU funds. Local governments which submit a plan but fail to fulfill 
their obligations must return EU funds.
    On June 2, the National Assembly adopted a law to provide financial 
assistance to seriously disadvantaged parents who send their children 
to preschool. The new law will take effect January 2009. The Government 
also began providing funds to preschools to initiate special programs 
for disadvantaged children.
    The Government also redrew public school district boundaries to 
more equally distribute disadvantaged students. The new boundaries 
ensure that no district has more than 25 percent of disadvantaged 
students in their total school population.
    NGOs and Romani activists claimed that Romani children did not have 
equal access to medical care or other government services.
    According to police, 3,801 crimes against children were reported 
during the first ten months of the year, compared to 4,568 in 2007. 
Police continued to lack the necessary training, capacity, and 
institutional support to adequately protect children, particularly in 
situations involving domestic violence. Girls were reportedly 
trafficked for commercial sexual exploitation.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that women and girls were 
trafficked to, from, through or within the country.
    Victims were trafficked primarily for sexual exploitation, but 
there were also reports of trafficking for domestic servitude and 
manual labor, particularly for construction work. The principal 
countries of origin were Slovakia, Romania, Ukraine, Moldova, Poland, 
countries in the Balkans, and China. The principal destinations were 
Austria, Germany, Spain, the Netherlands, Italy, France, Switzerland, 
and the United States. There were also reports of trafficking to 
Central America, Mexico, the Scandinavian countries, Japan, and the 
United Kingdom. Internal trafficking of women for sexual exploitation 
occurred.
    There were no official estimates of the total number of women who 
are trafficked from or through Hungary.
    Persons at the greatest risk of being trafficked were orphans who 
reached adulthood, young women from the countryside, and young Romani 
women. The profile of trafficked persons was continued to change; the 
average age of victims decreased, with children increasingly 
trafficked.
    According to government officials and NGOs, the majority of 
traffickers were individuals or small, family-based groups. Organized 
crime syndicates transported many of the trafficking victims to or 
through the country for forced prostitution.
    The principal recruitment methods used by traffickers included 
advertisements for jobs abroad as au pairs, waitresses, or dancers. In 
some cases the victims may have expected that they would be engaged in 
prostitution in their destination countries but were not aware of the 
coercive conditions they would face.
    Under the law, the maximum punishment for trafficking is three 
years imprisonment, or five years to life in prison if the crime 
involves a child under 12. If an organized trafficking ring is 
involved, the sentence for any kind of trafficking can be life 
imprisonment and seizure of assets. Antitrafficking NGOs suggested that 
the weakest features of the antitrafficking effort were the reluctance 
of the prosecutor's office to prosecute cases and the large number of 
street-level law enforcement officials who failed to appreciate the 
importance of the problem. Police investigated 12 trafficking cases 
during the first half of the year and forwarded three to the 
prosecutor's office.
    There was no evidence that government officials were involved in, 
or tolerated, trafficking.
    On March 26, the Government adopted a four-year national strategy 
against trafficking in persons that established national 
antitrafficking goals and priorities and assigned responsibilities to 
various government agencies. The Government agencies most directly 
involved in combating trafficking were the Ministry of Justice and Law 
Enforcement, the Ministry of Foreign Affairs, the HNP, border guards, 
and customs authorities. There also is an interministerial 
countertrafficking working group and an International Trafficking Unit 
within the National Bureau of Investigation.
    The Government regularly cooperated with other countries in joint 
trafficking investigations. During the first half of the year, seven 
foreign nationals were extradited from the country on trafficking 
charges.
    There were approximately 60 regional and local victim protection 
offices. Trafficking victims received psychological, social, and legal 
assistance. The Ministry of Social Affairs and Labor operated a hot 
line for victims of trafficking. Trafficking victims who cooperated 
with police and prosecutors could receive temporary residency, short-
term relief from deportation, and shelter. During the year the 
Government allocated 132 million forints (approximately $700,000) for 
protecting trafficking victims.
    The Government continued to work closely with domestic NGOs and the 
International Organization for Migration to promote public awareness 
programs about trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services; however, persons 
with disabilities frequently faced discrimination and prejudice.
    Government sources estimated that there were 600,000 persons with 
disabilities, while the disability organizations estimated the number 
to be approximately one million.
    NGOs expressed concern over the lack of independent oversight over 
government-run long-term care institutions for persons with mental 
disabilities. There were sporadic reports that employees of such 
institutions used excessive restraint in dealing with patients, a 
problem experts attributed partly to inadequate numbers of qualified 
staff.
    The international NGO Mental Disability Advocacy Center (MDAC) 
criticized the Government for failing in its obligations to protect the 
rights of persons who had been placed under the legal guardianship of 
others. According to MDAC, one of the key problems was that there were 
no alternatives to guardianship for persons with disabilities who 
needed support in making certain decisions. According to research 
conducted by MDAC in May 2007, 66,000 adults were deprived of legal 
capacity.
    In October the World Health Organization released a survey that 
raised concerns about the state of mental health care in Hungary. The 
survey found that there is a shortage of hospital beds and no 
rehabilitation system in place to assist the most serious patients. The 
minister of health responded to the survey by starting a nationwide 
debate on a national health care plan.
    In August 2007 the Government adopted a three-year, 100 billion 
forint (approximately $530 million) program to improve the condition of 
persons with disabilities and to integrate them socially by raising 
their living standards and improving their access to rehabilitation 
services, education, and employment.
    A government decree requires all companies with more than 20 
employees to reserve five percent of their jobs for persons with 
physical or mental disabilities. The decree specifies fines for 
noncompliance. Employers typically paid the fines rather than employ 
persons with disabilities. Approximately nine percent of working-age 
persons with mental disabilities were employed during the year.
    Both the central government and the municipalities continued to 
update public buildings to make them accessible to persons with 
disabilities. The law requires all buildings operated by the central 
government be accessible by 2010, and all those operated by the 
municipalities must meet this goal by 2013. The lead agency for 
protecting the rights of persons with disabilities is the Ministry of 
Social Affairs and Labor.

    National/Racial/Ethnic Minorities.--The Romani community is the 
largest ethnic minority. According to data collected by the country's 
central statistics office in 2007, 2 percent of the population is Roma; 
however, unofficial estimates, which vary widely, suggest the actual 
figure is much higher.
    Reports of police abuse of Roma were common, but many victims 
remained fearful of seeking legal remedies or of notifying NGOs. During 
the year tensions between Roma and non-Romani groups intensified and at 
times were marked by violence and killings.
    During the year there were 20 reported incidents involving firearms 
and explosives targeting Roma, including two attacks that killed four 
Roma. On November 3, Romani homes were targeted with Molotov cocktails 
and gunfire in the town of Nagycsecse killing a man and a woman. On 
November 18, a hand grenade was thrown into the home of a Romani family 
in Pecs killing two persons. In response to the attacks, the national 
police chief established a 50-member investigation unit to investigate 
the crimes. Although police had not yet established a motive, there was 
wide speculation that race may have played a role. All of the cases 
were pending at year's end.
    The extremist paramilitary group Magyar Garda verbally assaulted 
and threatened Roma during several marches across the country to 
protest what they termed a lack of public security and ``gypsy 
crimes.'' In response, Romani groups often organized 
counterdemonstrations against intolerance and extremism.
    The head of the National Roma Self-government, Orban Kolompar, 
called on the Romani community to organize its own self-defense 
movement in response to the increased tensions. However, no 
organization had been formed at year's end.
    On August 7, a weekly satirical newspaper with a circulation of 
about 45,000 published a cartoon which depicted Roma as unemployed 
lawbreakers who terrorize hard-working non-Roma. In response to a 
complaint filed by the Romani Press Agency, the Ethics Committee of the 
Hungarian Journalists Alliance expelled the editor of the weekly and 
issued an apology.
    On October 18, a verbal confrontation arose between a group of 
Romani residents in Olaszliszka and 500 persons visiting a memorial for 
Lajos Szogi, a teacher who was killed in 2006 following a traffic 
accident that injured a Romani child. A heavy police presence prevented 
violence between the two groups.
    Roma continued to experience widespread discrimination in 
employment, education, housing, penal institutions, and access to 
public places, such as restaurants and bars. According to the 
statistics of the Hungarian Institute for Educational Research and 
Development, Roma were significantly less well-educated than other 
citizens and their incomes and life expectancy were well below average.
    According to a 2007 International Labor Organization report, the 
unemployment rate among Roma was estimated at 40 percent. However, in 
many underdeveloped regions of the country it exceeded 90 percent. Roma 
unemployment is estimated to be three to five times higher than among 
the non-Roma population.
    Inadequate housing continued to be a problem for Roma; their 
overall living conditions remained significantly worse than for the 
general population. According to Romani interest groups, municipalities 
used a variety of techniques to prevent Roma from living in more 
desirable urban neighborhoods. According to a Ministry of Social 
Affairs and Labor survey, approximately 100,000 seriously disadvantaged 
persons, mostly Roma, lived in about 500 settlements lacking basic 
infrastructure and often located in the outskirts of cities. During the 
year the Government continued its special program to eliminate these 
settlements and help residents move to more desirable communities.
    On May 8, the state audit office published a report in which they 
raised concerns over the lack of transparency in the Government's 
Romani policies. The report acknowledged that funding for Romani 
projects has increased dramatically, but maintained that problems 
persist in the planning, implementation and tracking of the funding. 
The report said that the most serious concern was that funds routinely 
failed to reach the groups with the greatest needs.
    On May 14, the prime minister appointed a special commissioner to 
chair the newly established Romani affairs interministerial committee 
created to coordinate the Government's Romani policy.
    Most ministries had special officers for Romani affairs, and county 
labor affairs centers also had Romani affairs officers focusing on the 
needs of the Romani community. The Ministry of Education and Culture 
continued to offer financial incentives to encourage schools to 
integrate Romani and non-Romani children in the same class rooms and to 
reintegrate Roma inappropriately placed in remedial programs. The 
Ministry of Social Affairs and Labor operated a program to finance 
infrastructure development in Romani communities.
    The Ministry of Justice and Law Enforcement operated an 
antidiscrimination legal service network that provided free legal aid 
to Roma in cases where they encountered discrimination based on their 
ethnicity.
    Roma, like the other 12 official minorities, are entitled to elect 
their own minority self-governments (MSGs), which organize minority 
activities and handle cultural and educational affairs. The president 
of each MSG also has the right to attend and speak at local government 
assemblies.
    On December 13, witnesses on a Budapest city bus reported a violent 
altercation between several men and two English-speaking men of African 
ethnicity. The men allegedly attacked the black passengers and pushed 
one of them out of the bus where they kicked him repeatedly in the 
head. Witnesses reported that approximately 30 people sat silently on 
the bus as the beatings took place over a period of several minutes.

    Other Societal Abuses and Discrimination.--Homosexuality is legal, 
but extremist groups continued to subject homosexuals to physical abuse 
and attacks.
    On June 27 and July 2, unknown perpetrators threw Molotov cocktails 
into a gay bar and a gay bathhouse in Budapest; there were no injuries. 
The National Investigation Office investigated the incidents but had 
not identified any suspects or made any arrest by year's end.
    On July 5, antigay protestors violently disrupted an annual gay 
pride march in Budapest for a second consecutive year. An estimated 
2,000 participants encountered a crowd of several hundred antigay 
demonstrators who verbally abused them, threw eggs, tomatoes, 
cobblestones, gas grenades, and Molotov cocktails. Police responded 
with tear gas and water cannons to disperse the protestors and end the 
clashes. Fifty seven antigay protesters were arrested; 14 persons were 
injured.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and workers exercised these rights in 
practice.
    The law also allows unions to conduct their activities without 
interference, and the Government protected this right in practice. With 
the exception of military personnel and police officers, workers have 
the right to strike, and workers exercised this right in practice. The 
law permits the unions of military personnel and police officers to 
seek resolution of grievances in the courts.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law, and it was freely practiced. In 2007, 
40.6 percent of the workforce was covered by collective bargaining 
agreements.
    There was no antiunion discrimination or other forms of employer 
interference in union activities.
    There are no export processing zones, but individual foreign 
companies frequently were granted duty-free zone status for their 
facilities.
    There were no exemptions from regular labor laws in the duty-free 
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. Women and children were 
trafficked into, within, and from the country for commercial sexual 
exploitation and forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, and the 
Government effectively enforced these laws in practice.
    Children under 16 are prohibited from working, except under certain 
conditions, such as temporary work during school vacations. Otherwise, 
children under 15 are prohibited from all work. Children may not work 
night shifts or overtime, or perform hard physical labor.
    As of August the country's Labor Inspectorate reported that 19 
companies employed a total of 57 children under 15. They were mostly 
employed in construction and agricultural work. Companies that employed 
children were fined between 30,000 and 20 million forint ($160-
$106,027) depending on the circumstances. Individuals who identify 
children as victims of labor exploitation are required to report them 
to the Guardianship Authority.
    According to the International Organization for Migration, 
trafficking of children for sexual exploitation was a problem.

    e. Acceptable Conditions of Work.--The national minimum monthly 
wage of 69,000 forints ($366) did not provide a decent standard of 
living for a worker and family. The minimum wage was regularly 
evaluated and raised by the National Council for Interest 
Reconciliation, a tripartite body of employers, employees, and the 
Government.
    The law sets the official workday at eight hours, although it may 
vary depending on the industry. A 4-hour rest period is required during 
any seven-day period. The regular work week is 40 hours, with premium 
pay for overtime. The law prohibits excessive compulsory overtime and 
overtime exceeding 200 hours per year. The laws also apply to foreign 
workers with work permits, and were enforced effectively and 
consistently.
    Labor courts and the labor inspectorate enforced occupational 
safety standards set by the Government, but specific safety standards 
were not consistent with internationally accepted standards, and 
enforcement was not always effective. Workers have the right to remove 
themselves from unsafe and unhealthy situations without jeopardizing 
their continued employment, and this right generally was respected.

                               __________

                                ICELAND

    Iceland, with a population of 320,000, is a constitutional 
parliamentary republic. The president is the head of state; a prime 
minister, usually the head of the majority party, is head of 
government. There is a unicameral parliament (Althingi). In June 
incumbent President Olafur Ragnar Grimsson ran unopposed for 
reelection, as is traditional. Parliamentary elections in 2007 were 
free and fair. The country's multiparty government was headed by Prime 
Minister Geir Haarde. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. Reported human rights 
problems included some societal discrimination against minorities and 
foreigners, including refugees and asylum seekers, violence against 
women, and reports of women trafficked to and through 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, and the 
Government permitted visits by independent human rights observers.
    During the year media expressed concern regarding overcrowding at 
Reykjavik's main pretrial detention facility and at the main prison at 
Litla-Hraun. When overcrowding in the main facility occurred, pretrial 
detainees were held in local police station jails. During renovation 
work at the Akureyri prison, inmates were kept at Litla-Hraun, 
resulting in temporary double occupancy of single-prisoner cells in 
some cases.
    The Government maintained a separate minimum security prison for 
female inmates; however, because so few women were incarcerated (five 
or six on average) some men were also held there. Men housed in 
facilities with women were closely monitored and only interacted with 
women in the common areas; they did not share cellblocks. Juvenile 
offenders were generally held in facilities run and supervised by the 
Government Agency for Child Protection. In rare instances, however, 
they were incarcerated and held with adults, since there was no 
separate facility for juveniles in the prison system. In circumstances 
where pretrial detainees did not need to be placed in solitary 
confinement, they were held together with convicted prisoners.
    The Government permitted visits by independent human rights 
observers during the year. Prisoners could, and did, request visits 
from volunteers from the Icelandic Red Cross, or ``prisoners' 
friends.'' The volunteers talked with the prisoners and provided them 
with second hand clothes upon request. There were no prison visits by 
the International Committee of the Red Cross during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police (the country's only 
security force), and the Government had effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the police during the year.

    Arrest and Detention.--Police may make arrests under a number of 
circumstances: when they believe a prosecutable offense has been 
committed; where necessary to prevent further offenses or destruction 
of evidence; to protect a suspect; or when a person refuses to obey 
police orders to move. Arrest warrants are usually not required; the 
criminal code explicitly requires warrants only for arrests when 
individuals fail to present themselves in court to attend a hearing or 
a trial, or to prison to serve a sentence.
    Persons placed under arrest are entitled to legal counsel, which is 
provided by the Government if they are indigent. Authorities must 
inform persons under arrest of their rights and must bring them before 
a judge within 24 hours. The judge determines whether a suspect must 
remain in custody during the investigation; the judge may grant 
conditional release, subject to assurances that the accused will appear 
for trial.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right.
    Courts do not use juries, but multijudge panels are common, 
particularly on the Supreme Court. Defendants are entitled to a 
presumption of innocence and courts generally tried cases without 
delay. Defendants receive access to legal counsel of their own 
choosing. For defendants unable to pay attorneys' fees, the Government 
covers the cost; however, defendants who are found guilty are required 
to reimburse the Government. Defendants have the right to be present at 
their trial, to confront witnesses, and to participate in the 
proceedings. They and their attorneys have access to government held 
evidence relevant to their cases. At the discretion of the courts, 
prosecutors may introduce evidence that police obtained illegally. 
Defendants have the right to appeal, and the Supreme Court handles 
appeals expeditiously.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--A single court system 
handles both criminal and civil matters. The two levels of the 
judiciary-the District Courts and the Supreme Court-were considered 
independent and impartial in civil matters. Lawsuits may be brought 
seeking damages for, or cessation of, a human rights violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice.
    In May the parliament amended the law on foreigners, permitting a 
partner or a spouse 24 years old or younger to obtain a residence 
permit based on marriage to a citizen or the holder of a residence 
permit. The law requires authorities to ensure that the marriage or 
partnership was not entered into solely for the purpose of obtaining a 
residence permit. Both individuals must also have entered into the 
marriage or partnership freely, and the marriage or partnership must 
not be in breach of the law. This legal change addressed concerns 
raised by the European Commission Against Racism and Intolerance that 
the previous law (which banned marriage-based residence permits for 
those 24 years of age and younger) interfered with family 
reunification.
    Immigration law allows authorities to conduct house searches 
without a prior court order when there is a significant risk that delay 
would jeopardize an investigation of immigration fraud. In September 
police searched the temporary residence of asylum seekers in 
Reykjanesbaer after obtaining a court order. The police conducted the 
search on the suspicion that some asylum seekers were withholding 
information pertinent to their asylum requests. Immigration authorities 
were still processing their findings at the end of the year but made 
comments to media that police findings during the raid supported 
suspicions of immigration fraud. The asylum seekers staying in the 
temporary residence, some media representatives, and some human rights 
observers said the police search was an example of societal 
discrimination against asylum seekers. There were no allegations that 
the police used physical force in the operation.
    Immigration law allows authorities to request DNA tests without 
court supervision in cases where they suspect immigration fraud. In 
practice no DNA tests took place during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. Individuals could criticize the 
Government publicly or privately without reprisal.
    The law establishes fines and imprisonment of up to three months 
for persons convicted of publicly deriding or belittling the religious 
doctrines of a lawful religious association active in the country. The 
law also establishes fines and imprisonment of up to two years for 
anyone who publicly ridicules, slanders, insults, threatens, or in any 
other manner publicly assaults a person or a group on the basis of 
their nationality, skin color, race, religion, or sexual orientation. 
There were no reports that the law was invoked during the year.
    The independent media were active and expressed a wide variety of 
views without restriction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Eighty-eight percent of homes had Internet access, and 91 percent of 
citizens used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 financially supported and promoted the official 
religion, Lutheranism. Other religions did not receive equal treatment 
in school curricula (grades 1-10) or comparable subsidies for their 
faith-based activities.
    The law specifies conditions and procedures that religious 
organizations other than the state church must follow to be registered 
by the Government and to be eligible for a per capita share of church 
tax funds from the Government. The Government did not place any 
restrictions or requirements on unregistered religious organizations, 
which had the same rights as other groups in society. During the year, 
the Ministry of Justice and Ecclesiastical Affairs approved the 
registration of one religious organization, and another registration 
application was under review at year's end.
    All citizens 16 years of age and older pay an annual church tax of 
10,344 krona (approximately $86). 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. Atheists and ethical 
humanists objected to having their fees go to the university, asserting 
that this was inconsistent with the right of freedom of association.
    In July the European Court of Human Rights agreed to take up the 
Icelandic Pagan Association's (Asatruarfelagid) case for receiving 
funding proportional to its membership from monies currently made 
available only to the national church. The association's request had 
previously been rejected by the Supreme Court.
    In September the city of Reykjavik awarded the Icelandic Buddhist 
Movement a plot of land to build a temple. In November 2007 the city 
approved a detailed land use plan that included a plot of land 
available for the construction of a Russian Orthodox church. However, 
the new plan was not implemented during the year and construction did 
not begin. Architectural delays during the year temporarily halted 
construction of The Pagan Association's place of worship.
    The long-pending application to the Reykjavik city planning 
commission for land to build a mosque encountered further delay late in 
the year, in part because of uncertainty over which of two groups was 
the appropriate representative of the Muslim community.
    The law mandates religious instruction ``shaped by the Christian 
heritage of Icelandic culture'' in the public schools, although the 
curriculum also included instruction on other religions. Students may 
be exempted from attending the classes upon parental request.

    Societal Abuses and Discrimination.--The Jewish community numbered 
fewer than 100 individuals; there were no reports of anti-Semitic acts.
    The law establishes penalties of fines and up to two years in 
prison for verbal or physical assault on an individual or group based 
on religion. The law also establishes fines and imprisonment of up to 
three months for publicly deriding or belittling the religious 
doctrines of a lawful religious association active in the country. 
Although members of the Muslim Association complained publicly about 
broadcasts of a Christian television station, Omega TV, the law was not 
invoked during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of interest.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum, but had no fixed refugee acceptance requirements. In February 
2007 the Government decided to double its refugee admissions to 25 
refugees every year, instead of every other year.
    Asylum seekers were eligible for government subsidized health care 
during the processing of their cases, which at times took three years 
or more. They could enroll their children in public schools after being 
in the country for three months, and some children of asylum seekers 
were enrolled in public schools during the year. Asylum seekers could 
also obtain work permits.
    Officials rejected most asylum applications and eventually deported 
most applicants. During the year, a family of four asylum seekers was 
accepted as political refugees after the closure of the Icelandic- and 
Norwegian-run monitoring mission in Sri Lanka. At least six other 
asylum seekers' claims were technically denied, but they were given 
permanent residence permits as a humanitarian exception.
    The law allows for accelerated refusal of applications deemed to be 
``manifestly unfounded.'' The minister of justice appoints the director 
of immigration, who also heads the adjudicating body for asylum cases. 
Some observers asserted that this arrangement could constitute a 
conflict of interest.
    Human rights advocates criticized the law for not specifying which 
``significant human rights reasons'' must underpin granting temporary 
residence (and eligibility for work permits) while asylum cases are 
processed, arguing that the situation created the possible appearance 
of arbitrary decisions. Observers noted that the law was ambiguous 
about the criteria for granting and denying asylum, and this ambiguity, 
combined with the small number of approved asylum applications, left 
unclear what considerations were applied in adjudicating the 
applications of asylum seekers.
    Asylum seekers had no access to the court system. They could appeal 
denials only to the Ministry of Justice.
    In April the Government responded to concerns expressed by the UN 
Committee on the Elimination of Racial Discrimination (CERD) in 2005 
about reports that border guards at times improperly handled asylum 
requests. The Government said it was not aware of the cases to which 
the CERD referred, and that Icelandic border guards received 
satisfactory training and education on refugee and asylum issues.
    In July a report by the UN Committee for the Prevention of Torture 
(CPT) expressed concern over reported inappropriate handling of 
incidents by law enforcement officers and border guards, for example at 
airports and detention centers. The CPT report provided no specifics 
concerning the reported incidents.
    In July police carried out a deportation order from the Directorate 
of Immigration and deported a Kenyan asylum seeker to Italy without 
ruling on the merits of his claim. The Government's action was 
criticized by advocates for asylum seekers, who argued that the 
Government should have first ruled on the merits of his claim as 
provided by the Dublin Convention, and that the asylum seeker had 
sufficient ties to Iceland that the Government should adjudicate his 
claim. In August the minister of justice overturned the Directorate of 
Immigration decision and ordered the directorate to evaluate the basis 
of the Kenyan's asylum claim. The directorate was processing the case 
at year's end.
    In September asylum seekers and their advocates criticized police 
conduct following an unannounced 7:00 a.m. raid on the government-run 
group home for asylum seekers in Reykjanesbaer. They alleged that 
police conduct and subsequent comments by officials were examples of 
societal prejudice against asylum seekers.
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 based on universal suffrage.

    Elections and Political Participation.--During the year incumbent 
President Olafur Ragnar Grimsson was re-elected by default, as no other 
candidate ran against him. Since there was no opposition candidate, the 
presidential election scheduled for June 28 was cancelled. 
Parliamentary elections in May 2007 were free and fair.
    There were 23 women in the 63-seat parliament and four women in the 
12 member cabinet. Two of nine Supreme Court members and 14 of 40 
District Court judges were women. No members of minority groups held 
seats in the parliament or in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. In December the parliament passed a 
law creating the office of a special prosecutor to investigate 
allegations of public and private corruption related to the collapse of 
the country's three largest banks in October.
    The law provides for public access to government information, and 
the Government provided access in practice for citizens and 
noncitizens, including foreign media. Appeals against refusals by 
government authorities to grant access to materials may be referred to 
an information committee consisting of three persons appointed by the 
prime minister. Permanent employees of government ministries may not be 
members of the committee. Public officials were not subject to 
financial disclosure laws.
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 Icelandic Human Rights Center was the leading human rights 
organization, vetting government legislation, reporting to 
international treaty monitoring bodies, and promoting human rights 
education and research. The center was funded primarily by the 
Government but also by nongovernmental organizations (NGOs), unions, 
and the city of Reykjavik; it operated as an NGO.
    An independent ombudsman, elected by parliament, monitored and 
reported to national and local authorities on human rights developments 
to ensure that all residents, whether or not they were citizens, 
received equal protection. Individuals could 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, may summon officials to give 
testimony, and has access to official premises. Government agencies 
generally responded to the ombudsman's requests for information and 
documents within a reasonable timeframe, but the ombudsman noted in 
previous years that some government agencies responded slowly to 
requests, causing delays in the handling of cases. The Government has 
never directly responded to these complaints. While the ombudsman's 
recommendations are not binding on authorities, they are generally 
adopted.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, and social status. Various laws implement these 
principles, and the Government effectively enforced them.

    Women.--Rape carries a maximum penalty of 16 years in prison. 
Judges typically imposed sentences of one to three years. Spousal rape 
is not explicitly addressed in the law. In previous years, the 
Icelandic Counseling and Information Center for Survivors of Sexual 
Violence (Stigamot) noted that the number of reported rapes 
consistently rose faster than the number of convictions for rape. 
According to national police statistics, there were 87 reported rapes 
in 2007. In that year prosecutors brought charges in 27 percent of 
sexual assault cases, and District Courts convicted 17 of 19 
defendants. During the year activists continued to express concern that 
the burden of proof in rape cases was too heavy and led to a low 
conviction rate. The Government did not respond formally to these 
complaints.
    The law prohibits domestic violence; however, violence against 
women continued to be a problem. Police statistics indicated that the 
incidence of reported 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 127 women sought temporary lodging at the country's 
shelter for women, mainly because of domestic violence. The shelter 
offered 420 counseling sessions to 210 clients. Also during the year, 
106 women sought assistance at the National Hospital's Rape Crisis 
Center.
    The law permits judges to increase the sentences of persons who 
committed violence against persons with whom they had a domestic 
relationship or other close bond. However, there were no domestic 
violence cases in which judges actually handed down stronger sentences, 
and one respected activist expressed concern that sentences appeared to 
be getting milder. Neither the Ministry of Justice nor the Office of 
the State Prosecutor maintained specific statistics on prosecutions and 
convictions for domestic abuse.
    The Government helped finance Stigamot, the Women's Shelter, the 
rape crisis center of the National Hospital, and other organizations 
that provided assistance to victims of domestic or gender-based 
violence. In addition to partially funding such services, the 
Government provided help to immigrant women in abusive relationships, 
offering emergency accommodation, counseling, and information on legal 
rights. Courts could issue restraining orders. However, advocates 
expressed concern that such orders were ineffective because the court 
system took too long to issue the orders and courts granted them only 
in extreme circumstances. Victims of sex crimes were entitled to 
lawyers to advise them of their 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 
publicity. Some local human rights monitors also attributed 
underreporting to the infrequency of convictions because of the heavy 
burden of proof and to traditionally light sentences. For the few cases 
of domestic violence that end up in court, the courts continued in many 
cases to base sentences on precedent and rarely made full use of the 
more stringent sentencing authority available under the law. According 
to statistics from the Women's Shelter, 20 percent of its clients 
pressed charges during the year, up from 15 percent in 2007.
    In October the Ministry of Social Affairs conducted a survey to 
gauge the extent of violence against women nationwide. The survey was 
part of the action plan for reducing domestic and sexual violence 
against women and children during the years 2006 11. Survey results 
were not available at year's end.
    Prostitution is legal but was rare. Prostitution became legal in 
2007 but the law prohibits its advertisement. The law also makes it 
illegal for a third party, or pimp, to profit from prostitution or 
procurement of sex, or for a person to rent facilities for 
prostitution.
    Authorities had some success restricting the number and operations 
of strip clubs in the Reykjavik Metropolitan Area-the predominant locus 
of prostitution and human trafficking cases.
    The general penal code prohibits sexual harassment and stipulates 
that violations are punishable by imprisonment. The law on equal status 
defines sexual harassment more broadly. Thus plaintiffs could report 
incidents to the Complaints Committee on Equal Status and seek redress 
under the law on equal status. The law required employers and 
organization supervisors to make specific arrangements to prevent 
employees, students, and clients from becoming victims of gender-based 
or sexual harassment. However, employers were not required to provide 
their employees with information on the legal prohibitions against 
sexual harassment in the workplace. As in previous years, gender 
equality advocates reported receiving several complaints during the 
year; there were two court cases, and one guilty verdict.
    Women enjoy the same legal rights as men, including under family 
law, property law, and in the judicial system. However, despite laws 
that require equal pay for equal work, a pay gap existed between men 
and women. According to a 2007 study commissioned by the Union of 
Public Servants, female public servants on average earned 27 percent 
less than men. A study the previous year commissioned by the Ministry 
of Social Affairs found an average 15 percent pay gap between men and 
women in the same professions.
    Affirmative action provisions in the law state that if women are 
underrepresented in a certain profession, employers have an obligation 
to hire female candidates over equally qualified male candidates.
    The Government funded a center for promoting 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 members 
of a Complaints Committee on Equal Status, which adjudicates alleged 
violations of the act, and appoints an Equal Status Council, with 
members drawn from national women's organizations, the University of 
Iceland, and labor and professional groups; the council makes 
recommendations for equalizing the status of men and women in the 
workplace.
    During the year the Complaints Committee on Equal Status decided 
nine cases. In one case, the committee found that the regional office 
for disability issues in Western Iceland breached the law on equal 
status when it hired a man instead of a more qualified woman as 
director of a job program for persons with disabilities. The committee 
directed the offending office to find a solution acceptable to the 
complainant.
    In May the parliament amended the immigration law to permit 
individuals from countries outside the European Economic Area to retain 
their residence permits upon divorce from Icelandic-born spouses in 
circumstances where abuse or violence was perpetrated on the foreign 
spouse or the spouse's child.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    There were reports of abuse of children during the year. In 2007 
the Agency for Child Protection received 1,586 reports of abuse, 
including 705 reports of emotional abuse, 462 of physical abuse, and 
436 of sexual abuse. The agency operated four treatment centers and a 
diagnostic facility for abused and troubled minors and coordinated the 
work of 31 committees throughout the country that were responsible for 
managing child protection issues in their local areas. The local 
committees hired professionals with expertise in sexual abuse.
    The Government maintained a children's assessment center to 
accelerate prosecution of child sexual abuse cases and lessen the 
trauma experienced by the child. During the year, the center conducted 
252 investigative interviews, provided assessment of and therapy to 235 
children, and performed 27 medical examinations. The center 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. After an interview with a child, the 
assessment center could analyze the possible effects of the sexual 
abuse on the child and family. The Agency for Child Protection can also 
provide advice to parents. District court judges were not required to 
use the center, however, and could hold investigatory interviews in the 
courthouse instead, a practice that troubled some children's rights 
advocates. In practice the Reykjavik District Court opted not to use 
the center's services, maintaining that the court had sufficient 
expertise in-house to provide the same services.
    The children's ombudsman, who is appointed by the prime minister 
but acts independently of the Government, fulfilled her mandate to 
protect children's rights, interests, and welfare by, among other 
things, seeking to influence legislation, government decisions, and 
public attitudes. When investigating complaints, which typically 
involved physical and psychological abuse and inadequate accommodation 
for children with illnesses or disabilities, 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. The ombudsman was not empowered 
to intervene in individual cases but could investigate them for 
indications of a general trend. The ombudsman could also initiate cases 
at her discretion.

    Trafficking in Persons.--The law prohibits trafficking in persons 
with the aim of sexual abuse or forced labor, and provides for 
imprisonment of up to eight years for such offenses. During the year 
police did not charge any persons with trafficking; however, there were 
reports that persons were trafficked to and through the country.
    Cases fell into several categories, none of which included more 
than a few documented victims: undocumented Asian and eastern European 
workers in construction and manufacturing who were underpaid and forced 
to live in substandard employer-provided housing; ``mail-order'' or 
``Internet'' brides from eastern Europe and Asia trapped with abusive 
husbands, with some reports of forced prostitution; and underpaid or 
mistreated prostitutes and workers in nightclubs and massage parlors. 
In March labor authorities and union representatives reported that a 
Chinese restaurant in Reykjavik was suspected of having trafficked 
several of its kitchen staff to the country. The restaurant was 
investigated for labor code violations and subsequently closed. No 
prosecutions resulted. The Directorate of Labor investigated other 
cases throughout the year involving undocumented workers who were 
potentially victims of trafficking. In some cases employers were fined 
for noncompliance with labor laws but none were charged with 
trafficking.
    The Ministry of Social Affairs has primary responsibility for 
efforts to prevent and punish trafficking; the ministries of justice 
and of foreign affairs were also involved in antitrafficking efforts. A 
government working group charged with developing the country's first 
national action plan on trafficking in persons held regular meetings 
during the year, but had not finished drafting the action plan by 
year's end.
    Women's aid groups reported evidence that foreign women were 
trafficked to the country to work in strip clubs or massage parlors 
offering sexual services. During the year some municipalities banned 
private clubs that featured dancing, believed to serve as a front for 
prostitution and possible trafficking. The Baltic countries were the 
main countries 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 trafficked.
    Although the Government made efforts during the year to target 
elements of the sex industry allegedly linked to trafficking, there was 
no coordinated government effort to investigate trafficking outside of 
the general context of increased efforts to combat organized crime, and 
no public officials were specifically designated to prosecute 
trafficking cases.
    In January 2007 the Government formed an antitrafficking working 
group with representatives of the Ministry of Justice, law enforcement 
bodies, and NGOs. The group's mission was to monitor and coordinate 
actions to combat trafficking by improving the flow of information 
through direct communications channels between government institutions 
and NGOs. The working group also sought to improve conditions for the 
rehabilitation and repatriation of trafficking victims. The working 
group reported to the European Women's Lobby, an umbrella organization 
of women's associations in the European Union. Working group members 
reported that during the year border police were better prepared to 
identify possible trafficking victims and to inform them about 
government institutions and NGOs offering victim services. Members 
encouraged potential trafficking victims to contact the police. Members 
of the working group contributed to the Ministry of Social Affairs 
effort to draft an antitrafficking action plan.
    The Government provided funding for various organizations whose 
services included assistance to victims of trafficking; however, there 
was no established government assistance program specifically for 
victims of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities, and there were no reports of 
official discrimination in employment, education, access to health 
care, or the provision of other state services. The law also provides 
that persons with disabilities receive preference for government jobs 
when they are at least as qualified as other applicants; however, 
disability rights advocates asserted that the law was not fully 
implemented, and that persons with disabilities constituted 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 
sidewalks outside the main entrance of such buildings be kept clear of 
ice and snow to the extent possible. Violations of these regulations 
are punishable by a fine or a jail sentence of up to two years; 
however, the main association for persons with disabilities complained 
that authorities rarely, if ever, assessed penalties for noncompliance.
    During the year, the Government initiated several projects included 
in its action plan for 2006-10 to strengthen services for those with 
mental disabilities. The Ministry of Social Welfare purchased or rented 
several dozen facilities which were converted into apartments and group 
homes, and provided grants to local community governments and NGOs to 
support vocational training and other services.
    The Ministry of Social Affairs was the lead government body 
responsible for protecting the rights of persons with disabilities. It 
coordinated the work of six regional offices that provided services and 
support to persons with disabilities. It also maintained a diagnostic 
and advisory center in Reykjavik that aimed to create conditions 
allowing persons with disabilities to lead normal lives.

    National/Racial/Ethnic Minorities.--Immigrants, mainly persons from 
eastern European and the Baltic states, stood out from the largely 
homogeneous population and suffered occasional incidents of harassment 
based on their ethnicity.
    In June the parliament approved an action plan drafted by the 
Immigrant Council to implement an immigrant integration policy drafted 
by the council in January 2007. The overall goal of the policy was to 
improve the reception of foreign immigrants, and facilitate their 
integration into Icelandic society, while maintaining their native 
culture.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and workers exercised these rights. Labor 
unions were independent of the Government and political parties. 
Approximately 80 percent of all eligible workers belonged to unions. 
Workers had the right to strike and exercised this right in practice.
    The law requires employers to withhold union dues (1 percent of 
gross pay) from all employees, regardless of their union status, to 
help support disability, strike, and pension funds, and to finance 
other benefits to which all workers are entitled.

    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 allows workers to 
bargain collectively, and workers exercised this right in practice. 
Nearly 100 percent of the workforce was covered by collective 
bargaining agreements. The law prohibits antiunion discrimination and 
employer interference in union functions and the Government protected 
this right.
    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 a small number of women were trafficked for sexual 
exploitation and Asian and eastern European men were trafficked for 
labor in construction and manufacturing.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively implemented laws and policies to protect 
children from exploitation in the workplace. 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 
work 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, regardless of union membership. While the agreements can 
be either industry or sector wide, or in some cases firm specific, the 
negotiated wage levels are occupation specific. Labor contracts 
provided a decent standard of living for a worker and family.
    The standard legal workweek is 40 hours, including nearly three 
hours of paid breaks a week. Work exceeding eight 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 
special defined circumstances, employers may reduce the 11 hour rest 
period to no less than eight hours, but they then must compensate 
workers with one and a half hours of rest for every hour of reduction. 
They may also postpone a worker's day off by a week. The Occupational 
Safety and Health Administration effectively enforced these 
regulations.
    There were indications that undocumented foreign workers-primarily 
men-in the booming construction sector were exploited by being 
underpaid and denied medical coverage, and were required to work long 
hours while living in substandard housing or even sleeping at building 
sites. Most sources stressed that the men willingly worked illegally to 
earn up to four times the amount they might have expected in their East 
European or Baltic home countries. Media and labor organizations 
continued to report that some immigrant workers were paid wages well 
below the union mandated minimum. Deteriorating economic conditions and 
an unfavorable exchange rate for remittances caused a steep decline in 
the immigrant labor population towards the end of the year.
    The legislature sets health and safety standards, and the Ministry 
of Social Affairs administers and enforces them through its 
administration of occupational safety and health. The ministry can 
close workplaces that fail to meet safety and health standards. Workers 
have a collective, but not individual, right to refuse to work at a job 
that does not meet occupational safety and health criteria. It is 
illegal to fire workers because they report unsafe or unhealthy 
conditions.

                               __________

                                IRELAND

    Ireland, population approximately 4.1 million, is a multiparty 
parliamentary democracy with an executive branch headed by a prime 
minister (taoiseach), a bicameral parliament (Oireachtas), and a 
directly elected head of state, the president. Free and fair 
parliamentary elections took place in May 2007. Civilian authorities 
generally maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens. The law and judiciary provided effective means of addressing 
individual instances of abuse. During the year, there were some reports 
of police abuse of authority and inadequate care for prisoners with 
mental disabilities. Domestic violence; mistreatment of children; 
trafficking in persons; and discrimination against racial minorities, 
immigrants, and Travellers 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law prohibits such practices, there were 
reports of abuse by police officers.
    In October 2007 the Council of Europe's Committee for the 
Prevention of Torture (CPT) released a report of its 2006 visit to the 
country. While the majority of prisoners interviewed by the CPT 
delegation had no complaints over their treatment, a considerable 
number alleged verbal or physical mistreatment by the Garda Siochana 
(police). The alleged mistreatment consisted mostly of kicks, punches, 
and blows with batons over various parts of the body at the time of 
arrest or during transport to a Garda station and, in some cases, while 
they were in custody in such stations. In a number of cases, the 
delegation's doctors found that the persons concerned displayed 
injuries and scars that were consistent with their allegations of 
mistreatment.
    Between May 9 and November 30, the Garda Siochana Ombudsman 
Commission (GSOC) received 4,560 complaints against members of the 
Garda. Of these, 1,740 were held to be inadmissible, 2,468 admissible, 
and the remaining 352 were pending. Of the admissible complaints, 170 
were judged suitable for informal resolution or mediation, 1,064 
warranted investigation by the Garda Siochana, either supervised or 
unsupervised by the GSOC, and 1,220 warranted investigation by GSOC 
investigators, since the allegations would, if proven, amount to 
criminal offenses. The GSOC forwarded 32 files to the director of 
public prosecutions for his consideration, and there was one 
conviction. Garda Siochana officers have been subject to disciplinary 
action in a further 25 cases.
    The Morris Tribunal, which since 2002 has investigated reports of 
police corruption and abusive behavior in County Donegal in the 1990s, 
issued its final report on September 25. It concluded that some named 
Gardai had set up bogus arms finds; planted evidence; had been 
negligent in investigating the death of cattle dealer Richie Barron, 
whose body was found on a roadside twelve years ago; had illegally 
detained and mistreated several suspects; and had allowed a sergeant to 
run a campaign of harassment against a pub owner and his family.
    There were 40 complaints against police officers that were related 
to racially motivated incidents in 2006. (Police recorded a total of 
174 racially motivated incidents in that year.)

    Prison and Detention Center Conditions.--While prison conditions 
generally met international standards, there were some problems. Some 
mentally ill prisoners were inappropriately held in prisons rather than 
in mental health care facilities.
    In its October 2007 report, the CPT noted that, while the majority 
of prison officers were attempting to deal with prisoners in a humane 
manner, its 2006 delegation to the country received a number of 
allegations of verbal abuse or physical mistreatment of prisoners by 
members of the prison staff, consisting mostly of punches and kicks to 
the body. The report noted that in many instances prisoners against 
whom force was used were not examined by a doctor and, in those cases 
in which they were seen by health care staff, a full examination did 
not take place, and the injuries were not properly recorded.
    The CPT delegation found that at least three of the country's 
prison establishments (the Limerick and Mountjoy prisons and the St. 
Patrick Institution could be considered unsafe both for prisoners and 
for prison staff due to prisoner on prisoner intimidation and violence. 
The delegation noted that stabbings and assaults with various objects 
were frequent and that many prisoners met by the delegation bore the 
marks of such incidents. The report cited the availability of drugs and 
the lack of purposeful activities as reasons behind the increase in 
violence.
    Prison overcrowding continued to be a problem, although transfers 
between prisons relieved some of the most urgent overcrowding. 
According to the 2007 Irish Prison Service annual report, prisons 
averaged a 95.7 percent occupancy rate, but several prisons exceeded 
their intended capacity.
    At times prisoners held in detention awaiting trial were held in 
the same facilities as convicts. The October 2007 CPT report noted that 
16 and 17 year old boys were held in the St. Patrick's Institution with 
young adults. This shortcoming was largely eliminated by the opening, 
in 2007, of a Special School to ensure separation between children and 
young adults. However, a small number of 17 year olds with specific 
individual needs continued to be held in the young adult part of St. 
Patrick's. These included sex offenders and vulnerable inmates who were 
accommodated separately for their own protection.
    Despite continued criticism by human rights groups, authorities 
took no steps to alleviate the understaffing and poor infrastructure at 
the Central Mental Health Hospital in Dundrum, the country's only 
secure hospital for prisoners with mental disabilities. In an August 
2007 report, the Central Mental Hospital director estimated that 
approximately 200 patients in prison at that time needed mental health 
treatment but were unable to receive it due to a lack of space at the 
Dundrum facility. Despite objections from a number of advocacy groups 
who argued that putting the hospital next to the prison would further 
stigmatize patients and contribute to the criminalization of mental 
illness, the Government remained committed to relocating the hospital 
to the new prison at Thornton.
    The Government generally permitted prison visits by domestic and 
international human rights observers, including the International 
Committee of the Red Cross, but it required appointments for such 
visits. There were no visits by such groups during the year.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions. Special arrest and detention authority was 
established in 1972 to try members of the Irish Republican Army. 
However, the last high profile use was in 2003. Despite suggestions 
that the use of this authority against gangsters would strengthen the 
prosecution of cases against organized crime, authorities have not used 
it in this way.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police and the army, 
which was authorized to act when necessary in support of the unarmed 
police. The Government has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces during the year; however, there were 
isolated problems of corruption and abusive behavior, which the 
Government investigated.

    Arrest and Detention.--An arrest requires a warrant issued by 
appropriate authorities except in situations requiring immediate action 
for the protection of the public. Suspects detained by police must be 
promptly informed of the charges against them and, with few exceptions, 
may not be held more than 24 hours without charge. For ``scheduled 
offenses,'' i.e., crimes involving firearms, explosives, or membership 
in an unlawful organization, a judge may extend the detention of a 
suspect for an additional 24 hours upon the police superintendent's 
request. The law permits detention without charge for up to seven days 
in cases involving suspicion of drug trafficking; however, to hold such 
a suspect more than 48 hours, police must seek a judge's approval.
    The law requires that authorities bring a detainee before a 
District Court judge ``as soon as possible'' to determine bail status 
pending a hearing; the judge decides whether to release the detainee on 
bail or continue detention until an appointed court date.
    Upon their arrest, detainees and prisoners are allowed prompt and 
unrestricted access to attorneys. If the detainee does not have an 
attorney, the court appoints one; for indigent detainees the Government 
provides an attorney through the free legal aid program. Detainees were 
allowed prompt access to family members.
    There is a functioning bail system; the law allows a court to 
refuse bail to a person charged with a serious offense (one that 
carries a penalty of five years' imprisonment or more) or when deemed 
necessary to prevent the commission of another serious offense.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    The director of public prosecutions, a government official 
independent of the Department of Justice, prosecutes criminal cases. 
Jury trials are generally used in criminal cases, and the accused may 
choose an attorney. Indigent defendants have the right to an attorney 
at public expense, and authorities provided sufficient funds for this 
purpose during the year. Defendants enjoy a presumption of innocence 
and have the right to present evidence, question witnesses, and appeal.
    The law 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 nonjury 
``special criminal court'' tries all scheduled offenses and any other 
cases that the director of public prosecutions certifies to be beyond 
the capabilities of an ordinary court. The three judges making up a 
special criminal court are selected by the judicial branch and usually 
include one high court judge, one circuit court judge, and one District 
Court judge. The panel reaches its verdicts by majority vote. The rules 
of evidence are generally the same as in regular courts, but the sworn 
statement of a police chief superintendent identifying the accused as a 
member of an illegal organization is accepted as prima facie evidence 
of such membership. Special criminal court proceedings are generally 
public, but judges may exclude certain persons other than journalists. 
Special criminal court decisions, like decisions in all other criminal 
cases, may be appealed to the Court of Criminal Appeal.
    The constitution allows parliament to create tribunals, with 
limited powers, to investigate designated matters, usually cases of 
government corruption. They do not try cases; however, if warranted, 
their findings may be the basis for formal charges. In each instance, 
the legislation creating the tribunal sets out its powers and rules of 
procedure. Some tribunals were established to last indefinitely. Others 
were established only for a specific task and ceased to exist when that 
task was completed.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The independent and 
impartial judicial system hears civil cases and appeals on civil 
matters, including damage claims resulting from human rights 
violations; such claims may be brought before all appropriate courts, 
including the Supreme Court.

    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 the Government generally respected this right in 
practice.
    The constitution provides for freedom of the press with the 
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'' material.
    The law prohibits the use of words, behavior, or the publication or 
distribution of material that is threatening, abusive, or insulting and 
intended to, or likely to, incite hatred. There were no reports that 
authorities invoked these provisions during the year.
    The law empowers the Government to prohibit the state owned radio 
and television network from broadcasting any material ``likely to 
promote or incite to crime or which would tend to undermine the 
authority of the state.'' Authorities did not invoke this prohibition 
during the year.
    The independent print media were active and expressed a wide 
variety of views without government restriction.
    Broadcasting remained mostly under state control, but private 
sector broadcasting continued to thrive. There were 57 independent 
radio stations and one national independent television station. Access 
to cable and satellite television was widespread.
    The Censorship of Publications Board has the authority to censor 
books and magazines that it finds indecent or obscene. The board did 
not exercise this authority during the year.
    Two journalists were under criminal investigation for reporting 
details of an investigation into then prime minister Bertie Ahern's 
finances. The High Court determined that the two journalists had to 
reveal their sources and answer questions regarding their actions 
before the tribunal investigating the prime minister. The ruling was 
being appealed at year's end.
    On January 1, an ombudsman for the press was established.
    The Office of the Film Censor must classify films and videos before 
they can be shown or sold; it must cut or prohibit 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 prohibit any films 
or videos.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. The 
Internet was widely available and used by citizens.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
provides for freedom of assembly and association, and the Government 
generally respected this right. The law 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.

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The constitution provides that ``publication or utterance'' of 
``blasphemous matter'' is an offense, but it does not define blasphemy. 
In the most recent blasphemy case, in 1999, the Supreme Court ruled 
that in the absence of implementing legislation, there was no 
operational definition of blasphemy, making a successful prosecution 
impossible.
    Most primary and secondary schools were denominational, and their 
management boards were governed partially either by trustees within the 
Catholic Church, whose believers constituted approximately 88 percent 
of the population, or by officials of other faiths in the case of 
schools based on other religions. Under the constitution the Department 
of Education must fund schools of different religious denominations, 
including Islamic and Jewish schools, on an equal basis, and did so 
during the year. Although religious instruction was an integral part of 
the curriculum, parents were allowed to exempt their children from such 
instruction.
    The Equality Tribunal was in the process of mediating the case of 
the Sikh man who decided to leave the volunteer police reserve because 
of the police commissioner's refusal to lift the ban on wearing the 
turban in uniform.
    In June the press reported that the principal of a Wexford school 
sought guidance from the Department of Education regarding whether it 
was appropriate to permit the wearing of hijabs (head coverings) in 
schools. Pending the department's response, the school granted 
permission providing the hijab met the color guidelines for school 
uniforms. The Department of Education asked the integration minister to 
consider the matter in the context of the development of an 
Intercultural Education Strategy.

    Societal Abuses and Discrimination.--According to the 2006 census, 
the Jewish community numbered 1,930 persons.
    According to the Israeli Foreign Ministry's coordination forum for 
countering anti Semitism, on January 4, a voice message containing anti 
Semitic statements was left on the answering machine of the Dublin 
Hebrew Congregation. The same source reported that on May 15, anti 
Semitic slogans and a swastika were daubed on the home of a couple in 
Tuam. No suspect was apprehended during the year.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and laws provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. In 2007 the Government recognized 579 
asylum seekers as refugees.
    Between January and September, the Government granted leave to 
remain to 1,083 individuals who did not qualify as refugees under the 
1951 convention and its 1967 protocol. Of these, 985 were failed asylum 
seekers.
    The country also had an ongoing resettlement program able to 
accommodate up to 200 persons annually. During the year, 191 of the 199 
persons approved under the quota for 2007 arrived 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.

    Elections and Political Participation.--Parliamentary elections, 
which observers considered to be free and fair, were held in May 2007. 
Political parties could operate without restriction or outside 
interference.
    There were 22 women in the 166 seat house of representatives (Dail 
Eireann) and 13 women in the 60 seat senate (Seanad Eireann). The 
president of the republic was a woman, as were three of the 15 
government ministers. There were five women on the 34 member High Court 
and two on the eight member Supreme Court.
    There were no minorities in the lower house, the senate, or the 
cabinet. In June 2007 a Nigerian immigrant in Portlaoise became the 
country's first mayor of African origin.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. Allegations of government 
corruption during the year were few.
    The Tribunal of Inquiry into Certain Planning Matters and Payments, 
commonly known as the Mahon Tribunal, continued to scrutinize ethical 
and legal questions surrounding former prime minister Bertie Ahern's 
acceptance of financial payments and loans from friends and business 
associates during his tenure as minister of finance in 1993 94. This in 
part contributed to Ahern's decision to resign on May 6, as he stated 
that ``the constant barrage of commentary'' was distracting the work of 
government.
    Public officials were subject to financial disclosure laws. The 
Revenue Commission in the Department of Finance is responsible for 
identifying and combating government corruption.
    The law provides for public access to government information and 
requires government agencies to publish information on their activities 
and make such information available to citizens, noncitizens, and 
foreign media upon request. Authorities generally granted public 
information requests and did not charge prohibitive fees. There were 
mechanisms for appealing denials.
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 law prohibits discrimination in employment on the basis of 
gender, marital status, family status, sexual orientation, age, 
disability, race, and membership in the Traveller community, and the 
Government sought to enforce the law; however, discrimination against 
racial minorities, including immigrants and Travellers, remained a 
problem.

    Women.--The law criminalizes rape, including rape within marriage, 
and the Government enforced it. The law provides for free legal advice 
to victims of serious sexual assault. The courts service annual report 
covering 2007 documented a total of 76 rape cases tried in court and 48 
persons convicted of rape and other sexual offenses. Most of the 
persons convicted received sentences of between five and 12 years in 
prison with two offenders receiving over 12 years and two offenders 
receiving life sentences.
    The law criminalizes domestic violence, but domestic violence 
occurred. The law authorizes prosecution of a violent family member and 
provides victims two types of legal protections: safety orders and 
barring orders. Safety orders prohibit a person from engaging in 
violent actions or threats, but they do not require the individual to 
leave the home, while barring orders prohibit a person from entering 
the family home for up to three years. The law allows victims to apply 
for interim protection while courts process their cases. Violations of 
these orders are punishable by a fine of up to 1,900 euros 
(approximately $2,600). According to official statistics, in 2007 the 
courts received 3,553 safety order applications and 3,355 barring 
applications; in both categories, more than one third of the 
applications were granted and nearly two thirds were withdrawn. It was 
possible for the same individual to be the subject of multiple orders. 
Of the safety and barring orders granted, more than half were related 
to the spouse of the applicant.
    The Government funded centers throughout the country for victims of 
domestic abuse.
    Although prostitution is not a crime, it is illegal for a person in 
a street or public place to solicit for purposes of prostitution. The 
offense applies equally to a person who solicits a client for 
prostitution, a client who solicits the services of a person engaging 
in prostitution, or a third party who solicits on behalf of the other. 
It is also an offense to solicit another person in order to commit 
certain sexual offenses, such as sex with underage persons or to keep 
or to manage a brothel. Reports of, and arrests for, these crimes were 
rare.
    The law obliges employers to prevent sexual harassment and 
prohibits dismissing an employee for making a complaint of sexual 
harassment. The Equality Authority investigates claims of unfair 
dismissal and may require an employer charged with unfair dismissal to 
reinstate the employee or pay the employee up to 104 weeks' pay. 
Authorities effectively enforced the law in the few cases of sexual 
harassment that were reported.
    Women enjoy the same legal rights as men, including rights under 
family law, property law, and in the judicial system. The Equality 
Tribunal and the Equality Authority are the main statutory bodies that 
enforce and administer the discrimination laws. However, inequalities 
in pay and promotions persisted in both the public and private sectors. 
Average women's earnings were 91 percent of men's. Women constituted 42 
percent of the labor force but were underrepresented in senior 
management positions.

    Children.--The Government was strongly committed to children's 
rights and welfare, and allocated ample funds to public education and 
health care.
    The Health Service Executive (HSE) reported that 6,188 complaints 
of alleged child abuse were made in 2004. Of these, 1,425 were deemed 
to be proven cases of child abuse. The law establishes a strictly 
enforced requirement that organizations providing services to children 
identify and report cases of physical and sexual abuse. In 2007 the 
Dublin Rape Crisis Center reported that 46.6 percent of the calls to 
its crisis line involved child sexual abuse. Fifteen centers provided 
face to face support to 4,930 individuals. The law requires government 
health boards to identify and help children who are not receiving 
adequate care and gives police authority to remove children from the 
family if there is an immediate and serious risk to their health or 
welfare.
    Unaccompanied minors entering the country continued to be an area 
of concern for both the Government and nongovernmental organizations 
(NGOs). In 2006 the HSE reported that 328 migrant children were missing 
from the health care system in the period 2001 05. This number included 
children who entered the country with their parents (who may have come 
for work or study), as well as those who arrived separately. They may 
also have included Romanian children who were allegedly brought into 
the country for begging and then entered the health care system. During 
the year, five children were reported missing from the health care 
system. Police believed they were either reunited with family or had 
initially misrepresented themselves as minors in order to enter the 
country and left the HSE system to find work. The HSE believed that 
some of the children were trafficked into the country for labor or 
commercial sexual exploitation.
    Numerous NGOs offered support for victims as well as resources for 
parents and professionals who work with children.
    In 2006 the UN Committee on the Rights of Children expressed 
concern over the level of poverty and alcohol abuse among children and 
over proposed changes to the youth justice system that would permit the 
criminal prosecution of children as young as 10 years old. Legislation 
enacted in 2006 reduced the age of criminal responsibility for most 
crimes to 12 years, although for more serious crimes such as rape and 
murder, the legal age was reduced to 10 years.
    The ombudsman for children investigates complaints from children or 
persons acting on their behalf against various governmental and 
nongovernmental bodies and has a role in promoting general child 
welfare.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that the Ireland was a country 
of transit and a destination for a number of trafficking victims from 
Eastern Europe, Africa (particularly Nigeria), Latin America 
(particularly Brazil), and Asia. There were also unconfirmed reports 
that the country was a transit point for persons trafficked to or from 
Northern Ireland. There was anecdotal information that some women were 
trafficked within the country. During the year the Government 
investigated allegations of trafficking.
    NGOs reported that women were smuggled or trafficked into the 
country primarily for sexual exploitation and that men may be smuggled 
or trafficked into the country for work in the construction industry or 
agriculture. There were no reliable statistics on the number of 
trafficking victims, but press reports and anecdotal information from 
police indicated that the number may have increased during the year. A 
September 2007 joint study by the National University of Ireland and 
Trinity College to establish a baseline estimate of cases of sex 
trafficking into the country in 2000 06 concluded that the minimum 
number of such cases during the seven year period was 76.
    Socially disadvantaged noncitizen women and children, asylum 
seekers, refugees, and economic migrants were most likely to be 
trafficking victims. NGOs believed that many victims were initially 
trafficked as minors. However, they are often not discovered until they 
are 18 or older. NGOs reported that traffickers also targeted younger 
women who knew little English, lacked legal status, and had no recourse 
to social or familial networks. Traffickers usually had their victims 
work from apartments, where illegal activities were easier to hide. 
NGOs reported that traffickers used the Internet to advertise and 
solicit victims. NGO and press accounts of the experiences of 
trafficking victims identified both Irish and foreign nationals among 
the traffickers. The majority of foreign traffickers were from Eastern 
Europe.
    On June 7, a new Human Trafficking Act entered into force. It 
criminalizes trafficking in adults and children for the purpose of 
labor or sexual exploitation. It makes it an offense to sell or offer 
for sale, or to purchase or offer to purchase any person for any 
purpose and carries penalties of up to life imprisonment. It is not a 
defense for the trafficker to argue that the person consented to the 
commission of any of the acts. It is a crime to solicit a trafficked 
person for prostitution if the person soliciting knows, or has 
reasonable grounds for believing, that the person has been trafficked, 
and it is a crime to accept payment for the prostitution of a 
trafficked person. Fines of up to 5,000 euros (approximately $7,000) 
and 12 months' imprisonment may be imposed for lesser offenses and 
unlimited fines and up to five years for more serious ones. The new act 
also provides that, if a citizen or resident is alleged to have 
committed a trafficking offense abroad, Irish courts may accept 
jurisdiction to try the offense and may impose similar penalties. The 
new act makes it a crime, carrying punishment of up to 10 years' 
imprisonment and an unlimited fine, to publish or broadcast any 
information that could identify an alleged trafficking victim. It makes 
provision for an alleged victim to give evidence through a live 
television link and, for adult victims, with the court's permission, to 
testify from either within the country or from abroad.
    The Government has a positive working relationship with NGOs 
combating trafficking. Government officials distributed and displayed 
NGO funded and developed posters to assist victims at airports, bus and 
rail stations, ports, hospitals, and police stations, and provided part 
of the funding for an NGO run hot line that offered assistance to 
victims and potential victims. The Department of Defense provides 
training modules to peacekeepers on human trafficking and sexual 
exploitation.
    The Garda National Immigration Bureau and the Department of Justice 
are responsible for combating trafficking. An antitrafficking unit in 
the Ministry of Justice coordinates all governmental antitrafficking 
activities; its executive director reports directly to the minister. An 
interdepartmental high level group, with representatives from key 
government departments and agencies, recommends trafficking policies to 
the minister.
    The country was a participant, along with the United Kingdom, 
Italy, Spain, Poland, and the Netherlands, in an initiative designed to 
ensure that the European Union becomes a more hostile environment for 
traffickers.
    Authorities developed a training program in conjunction with the 
International Organization for Migration (IOM) to increase awareness 
among labor inspectors, health service employees, and others whom they 
identified as likely to encounter evidence of trafficking. A 
professional development course designed by the Garda Siochana, 
assisted by IOM, the United Kingdom Human Trafficking Center, and NGOs, 
was being delivered to frontline police, immigration officers, and a 
number of officers of the Police Service of Northern Ireland.
    The Department of Justice did not allocate specific funds for 
trafficking victim assistance but has provided 275,000 euros 
(approximately $385,000) per year to the NGO Ruhama, which supported 
victims of sexual exploitation. In the hope of deterring the demand 
side of sex trafficking, it provided additional funds to Ruhama for a 
film on the harm caused by purchasing sexual services.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, access to health care, and the provision of other state 
services; and the Government effectively enforced these provisions. The 
law requires access to buildings where possible for persons with 
disabilities, and the Government generally enforced these provisions.
    There were four prison institutions without staff psychologists.
    A National Disability Authority has responsibility for setting 
disability standards, monitoring the implementation of these standards, 
and researching and formulating disability policy.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination based on language, gender, disability, or social status, 
and the Government sought to enforce the law; however, societal 
discrimination and violence against immigrants and racial and ethnic 
minorities, including Asians, East Europeans, and Africans, continued 
to be a problem. There were racially motivated incidents involving 
physical violence, intimidation, graffiti, and verbal slurs; the 
majority of these reportedly took place in public places. In a 2006 
study, the Economic and Social Research Institute reported that 35 
percent of immigrants interviewed had experienced discrimination or 
harassment in public places.
    An NGO recorded 50 racially motivated incidents between January and 
July, compared to police reports of 174 in 2006. In 2007 police 
appointed 146 ``ethnic liaison'' officers, and 263 members of the 
police force attended cultural diversity awareness training.
    According to the 2006 census, 22,369 persons identified themselves 
as nomadic members of a distinct ethnic group called ``Travellers,'' 
whose history and culture differ from that of the majority. Travellers 
faced societal discrimination and were regularly denied access to 
premises, goods, facilities, and services; many restaurants and public 
houses, for example, would not serve them. While the law does not 
recognize Travellers as an ethnic group, there is a specific 
designation that protects them under the antidiscrimination laws.
    Despite national regulations providing that no child may be refused 
admission to school on account of social position, Travellers 
frequently experienced difficulties enrolling their children in school. 
Of the estimated 5,000 Traveler families, approximately 1,000 lived on 
the roadsides or other temporary sites without electricity or sanitary 
facilities. Many Travellers depended on social welfare for survival, 
and their participation in the economy was limited by discrimination 
and lack of education.
    A small number of discrimination lawsuits were filed and won during 
the year against proprietors for refusing to serve Travellers. The law 
obliges local elected officials to draw up and implement five year 
Traveller accommodation plans and to solicit Traveller input into the 
process. Under the act, each community must provide adequate 
accommodations for Travellers. Traveller NGOs argued, however, that 
many communities provided Travellers with housing, such as government 
owned apartments or townhouses, that was inconsistent with the nomadic 
Traveller lifestyle or provided halting sites that did not include 
basic amenities such as sanitary facilities, electricity, and water. 
Government expenditure on Traveller specific objectives was an 
estimated 144 million euros (approximately $202 million) in 2005. The 
Government subsequently ceased listing such expenditures separately in 
the budget and the amount allotted to Traveller specific objectives in 
later years was unknown.

    Other Societal Abuses and Discrimination.--There was no reported 
societal violence or discrimination based on sexual orientation.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form and join independent unions of their choice without 
previous authorization or excessive requirements, and the law was 
implemented. Approximately 33 percent of workers in the private sector 
and 95 percent in the public sector were union members. Police and 
military personnel may form associations, but technically not unions, 
to represent them in matters of pay, working conditions, and general 
welfare. The law allows unions to conduct their activities without 
government interference, and this right was exercised in practice. The 
law provides for the right to strike, except for police and military 
personnel, and workers exercised this right in both the public and 
private sectors.

    b. The Right to Organize and Bargain Collectively.--Labor unions 
have the right to pursue collective bargaining, and in most instances 
did so freely; however, employers, who were not required to engage in 
collective bargaining, did not encourage it.
    There were no reports of antiunion discrimination.
    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 
reports that such practices occurred. NGOs reported that men and women 
were smuggled or trafficked into the country for work in the 
construction industry, commercial fishing, as domestics in private 
homes, or in agriculture; however, officials believed that, while 
trafficking and labor exploitation occurred, the magnitude of the 
problem was very small. Trafficked women and girls were forced into 
prostitution on the streets, from apartments, or as escorts. NGOs 
believed a number of Romani children have been trafficked for the 
purpose of forced begging; however, given the difficulty in 
understanding Romani family structures they could not confirm that the 
children were not with a natural parent.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government implemented laws and policies to protect children from 
exploitation in the workplace. 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. Employers may hire 
children over the age of 15 on a part time basis during the school 
year. The law establishes rest intervals and maximum working hours, 
prohibits the employment of 18 year olds for late night work, and 
requires employers to keep more detailed records on workers under 18 
years of age. The Office of the Labor Inspectorate at the Department of 
Enterprise, Trade, and Employment is responsible for enforcement and 
was generally effective. There were instances of child trafficking.

    e. Acceptable Conditions of Work.--The national minimum wage is 
8.65 euros (approximately $12) per hour, which did not provide a decent 
standard of living for a worker and family; however, low income 
families were entitled to such benefits as subsidized housing, medical 
coverage, and children's allowances. During the year reports persisted 
that the pay of foreign migrant workers was at times below the minimum 
wage, particularly in the rural agricultural and construction sectors. 
Partly in response to these reports, the Government established a labor 
monitoring agency independent of the Department of Enterprise, Trade, 
and Employment, which primarily represents business interests. This 
agency has been quite active; however, it was difficult to determine 
its overall effectiveness.
    The standard workweek is 39 hours. Working hours in the industrial 
sector are limited to nine hours per day and 48 hours per week. 
Overtime work is limited to two hours per day, 12 hours per week, and 
240 hours per year. The Government effectively enforced these 
standards. Although there is no statutory entitlement to premium pay 
for overtime, it could be arranged between employer and employee. NGOs 
and trade unions reported that these standards did not apply to agency 
workers, i.e. workers supplied by third party contractors. These 
workers, who were predominantly migrant laborers, were specifically 
excluded from laws regulating pay.
    The Department of Enterprise, Trade, and Employment is responsible 
for enforcing occupational safety laws, and these laws provided 
adequate and comprehensive protection. There were no complaints from 
either labor or management during the year regarding significant 
shortcomings in enforcement. 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 with a population of 
approximately 59.1 million. The bicameral parliament consists of the 
Chamber of Deputies and the Senate. International observers considered 
the April 14 national parliamentary elections free and fair. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens, although there were problems in some areas, notably lengthy 
pretrial detention, excessively long court proceedings, violence 
against women, trafficking in persons, and abuse of Roma.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings during the 
year.
    An investigation continued into the shooting death of Gabriele 
Sandri in November 2007 by a police officer attempting to break up a 
fight in Arezzo. The first hearing was scheduled for January 2009.
    There were no reports that authorities were investigating, or were 
likely to investigate, the July 2007 killing by a police officer in 
Verona of Susanna Venturini, who was attempting to flee a crime scene.
    The trial continued in Ferrara of four police officers charged with 
involuntary manslaughter for the 2005 death in custody of Federico 
Aldovrandi.

    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 occasionally used excessive force against persons, 
particularly Roma and immigrants detained in connection with common 
criminal offenses or in the course of identity checks.
    Judicial activity related to police actions during protest 
demonstrations at the G 8 summit in Genoa in 2001 continued. On March 
29, Genoa prosecutors requested the indictment of Gianni De Gennaro, 
then head of the National Police, for inducing police officers to give 
false testimony regarding police behavior toward the protesters. (On 
May 23, the Government appointed De Gennaro to be head of the 
Department for Information and Security, coordinating intelligence.)
    On July 15, a court sentenced 14 police officers to prison terms of 
five months to five years for the ``inhuman or degrading treatment,'' 
including assault, of some protesters whom they were detaining. On 
November 13, a Genoa court sentenced 13 police officers convicted of 
perjury, conspiracy, or assault during a police raid on a building used 
by the protesters to two to four year prison terms. In the final 
ruling, the Genoa court noted that certain degrading treatment of 
protesters might be considered torture under international conventions. 
Nongovernmental organizations (NGOs) repeatedly have criticized the 
country for not having a specific crime of torture in its criminal 
code.
    On February 28, the European Court for Human Rights (ECHR) ruled 
that the country would violate its obligations under the European 
Convention on Human Rights if it deported Tunisian terror suspect 
Nassim Saadi. He was in prison awaiting a decision at year's end. In 
2003 the country signed an agreement with Tunisia on repatriation, 
trafficking, and illegal immigration.
    On June 3, the Interior Ministry deported a Tunisian, Essid Sami 
Ben Kemais, after he completed a sentence for involvement in 
international terrorism. The deportation took place despite a March 29 
request by the ECHR that it be suspended pending their review of the 
case, including of the possibility that Ben Kemais risked torture and 
mistreatment in his home country.
    The ECHR reviewed 30 deportation orders issued by the interior 
minister from July 2006 through March 2007 and blocked the deportation 
of five individuals whom the authorities considered terrorists, citing 
the need to prevent violation of their rights in their home countries. 
During the year authorities successfully deported nine immigrants 
suspected of links to terrorist networks.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards, although some 
prisons remained overcrowded and antiquated. The Government permitted 
visits by independent human rights observers.
    On July 15, there were 54,600 inmates in a prison system designed 
to hold 42,900; however, the uneven distribution of prisoners left a 
few institutions particularly overcrowded. Older facilities lacked 
outdoor or exercise space, and some prisons lacked adequate medical 
care. In June approximately 67 percent of inmates were serving 
sentences; the other 33 percent were mainly detainees awaiting trial.
    According to an independent research center, from January through 
October, 105 prisoners died in custody, 40 of them by suicide. There 
were no reports that any of these deaths were the result of abuse or 
negligence on the part of prison officials.
    Some of the 17 temporary detention centers for illegal immigrants 
continued to be overcrowded at times, particularly in the summer, when 
the inflow of aliens from northern Africa increased. According to 
Amnesty International (AI), children often were held together with 
adults at these facilities. The law does not require that pretrial 
detainees be held separately from convicted prisoners, and they are 
held together in some smaller prisons.
    The Government permitted visits to detention facilities by 
independent human rights organizations, parliamentarians, and the 
media. In September the Committee for the Prevention of Torture (CPT) 
of the Council of Europe (COE) assessed the country's prison systems 
and delivered a classified report to the Government. In November the UN 
Working Group on Arbitrary Detention visited some facilities in Milan, 
Rome, Naples, and Sicily and expressed concerns about detention 
conditions of prisoners condemned for Mafia related crimes. Several 
municipalities had permanent independent ombudsmen to promote the 
rights of detainees and facilitate access to health care and other 
services. The Government provided access to detention centers for 
representatives of the UN High Commissioner for Refugees (UNHCR), and 
these visits were in accordance with UNHCR's standard modalities.
    On August 3, a lawyer alleged that in 2006 a young inmate in 
Catania was raped by other prisoners because of his perceived sexual 
orientation; there were no reports of an investigation in this case.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the Carabinieri, the national police, 
the financial police, and municipal police forces. The Government has 
mechanisms to investigate and punish abuse and corruption. There were 
no reports of impunity involving the security forces during the year; 
however, long delays by prosecutors and authorities in completing 
investigations of some cases of alleged abuse undercut the 
effectiveness of mechanisms to investigate and punish police abuses.
    Campobasso (Molise) prosecutors continued their investigation of 
the Carabinieri station commander, seven police and Carabinieri 
officers, and the former chief of the municipal police force of 
Termoli, who were arrested in May 2007 on charges of creating a 
criminal organization, fraud, perjury, disclosure of confidential 
information, and embezzlement.
    The cases of three of eight Carabinieri arrested in Milan for graft 
and evidence tampering in 2006 remained unresolved. One of the 
remaining three officers was indicted and a hearing for the other two 
was delayed. The eight reportedly used false evidence to extort money 
from a number of previous offenders. Five other officers received 
either prison sentences or fines.

    Arrest and Detention.--To detain an individual, police require 
warrants issued by a public prosecutor unless a criminal act is in 
progress, or there is a specific and immediate danger to which they 
must respond. When authorities detain a person without a warrant, an 
examining magistrate must decide within 24 hours of the detention 
whether there is enough evidence to proceed with an arrest. The 
investigating judge then has 48 hours to confirm the arrest and 
recommend whether to prosecute. In terrorism cases, authorities may 
hold suspects 48 hours before bringing the case before a magistrate.
    Authorities generally respected the right to a prompt judicial 
determination. The law entitles detainees to prompt and regular access 
to lawyers of their choosing and to family members. The state provides 
a lawyer to indigent persons. 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 five days to interrogate the accused before the accused is 
allowed to contact an attorney. Some human rights organizations 
asserted that the terrorism law is deficient in due process and in some 
cases resulted in the deportation or return of alien suspects to 
countries where they had reason to fear persecution. The law allows for 
increased surveillance and enhanced police powers to gather evidence in 
terrorism cases, for example DNA for purposes of identification (see 
Section 2 d.)
    Despite restrictions on lengthy pretrial detention, it remained a 
serious problem. During the first half of the year, 33 percent of all 
prisoners were in pretrial detention and 18 percent were awaiting a 
final sentence. The maximum term of pretrial incarceration is two years 
for a crime with a maximum penalty of six years in prison, four years 
for a crime with a maximum penalty of 20 years, and six years for a 
crime with a maximum penalty of more than 20 years. According to some 
judicial experts, a few prosecutors used the prospect of lengthy 
pretrial detention as pressure to obtain confessions.
    There is no provision for bail; however, judges may grant 
provisional liberty to suspects awaiting trial. As a safeguard against 
unjustified detention, detainees may request that a panel of judges 
(liberty tribunals) review their cases on a regular basis and determine 
whether continued detention is warranted.
    Authorities may impose preventive detention as a last resort, if 
there is clear and convincing evidence of a serious felony or the crime 
is associated with the Mafia or terrorism. Except in the most 
extraordinary situations, preventive detention is prohibited for 
pregnant women, single parents of children under age three, persons 
over age 70, and those who are seriously ill.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice; however, most court cases involved long trial 
delays.
    There were some reports of judicial corruption. On July 18, 
authorities arrested a judge in Caltanissetta and charged him with 
corruption. On June 10, prosecutors requested a trial for two 
magistrates of the Court of Cassation (the final court of appeals) and 
the Supreme Administrative Court, Lanfranco Balucani and Vincenzo 
Maccarrone, arrested in 2007 by financial police for corruption in 
Perugia. Prosecutors accused them of multiple violations of rules of 
procedure, including jury tampering, in an attempt to unduly influence 
the investigations of two entrepreneurs who rewarded them with gifts. 
There were no further reports on the status of these prosecutions.
    Pressure on the judicial system, primarily in the form of 
intimidation of judges by organized crime groups, further complicated 
the judicial process. For example, on August 6, unknown arsonists set 
fire to the door of the house of a Sicilian prosecutor, Serafina 
Cannata, who tried Mafia cases.
    There are three levels of courts. At the first level, either a 
single judge or a court, which may be a panel of judges or include a 
jury, hears cases. At the second level, separate courts with juries 
hear civil and criminal appeals. Both sides may appeal decisions of the 
court of appeals to the highest court, the Court of Cassation in Rome. 
Prosecutors may in some instances challenge acquittals by appealing 
directly to the Court of Cassation, bypassing the intermediary 
appellate level. Such appeals may be based on the court's application 
of the law or, in some cases, on the evidence. A separate 
Constitutional Court hears cases involving conflicts between laws and 
the constitution or over the duties or powers of different units of 
government.
    Nine military tribunals and nine prosecutors' offices are in charge 
of military crimes committed by members of the armed forces, such as 
treason, unauthorized release of state secrets, and espionage. An 
appeals court reviews challenges brought by defendants or prosecutors.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Trials are public. Defendants have access to an attorney in a timely 
manner to prepare a defense. Defendants may confront and question 
witnesses against them and may present witnesses and evidence on their 
own behalf. Prosecutors must make evidence available to defendants and 
their attorneys upon request. The law grants defendants the presumption 
of innocence. Defendants have the right to appeal verdicts.
    Domestic and European institutions continued to criticize the slow 
pace of justice in the country. At the end of 2007, 2,900 petitions 
seeking compensation from the Government for excessively long 
proceedings were pending in the ECHR. In addition, according to the 
Court of Cassation, about 21,000 new cases were initiated at the 
national level in 2006, and in 2007 the Court of Cassation rendered 
5,014 judgments against the Government for excessively protracted 
proceedings. Observers cited several reasons for delays, including the 
absence of effective limits on the length of pretrial investigations; 
the large number of minor offenses covered by the penal code; unclear 
and contradictory legal provisions; insufficient resources, including 
an inadequate number of judges; and strikes by judges and lawyers.
    In 2006 the chief prosecutor of the Court of Cassation estimated 
that a criminal trial took an average of 300 to 400 days and an appeal 
took 900 days. There has been some slow progress; the average length of 
time between the scheduling of a defendant's first court appearance to 
completion of the case was 902 days in 2006, compared with 966 days in 
2005.
    Courts had significant 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 and 
appeals.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial judiciary in civil matters. 
Administrative remedies are determined by law, and arbitration is 
allowed and regulated by contracts. Often citizens and companies turned 
to arbitration because of trial delays. In 2006 the average time 
required to complete a civil trial was 887 days, with 1,020 days 
required to complete an initial appeal and another 719 days to appeal 
to the Court of Cassation.

    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 were generally permissible with judicial warrants 
and in carefully defined circumstances. The Court of Cassation's lead 
prosecutor may authorize wiretaps of terrorism suspects at the request 
of the prime minister.
    The media published leaked transcripts of both legal and illegal 
government wiretaps during the year. For example, on June 26, the 
weekly magazine L'Espresso published wiretaps of a telephone 
conversation between Prime Minister Berlusconi and an executive of 
public broadcast television. In 2006 parliament enacted a decree 
allowing magistrates to destroy illegal wiretaps discovered by police. 
On July 2, the Chamber of Deputies denied authorization to enter 
wiretaps of one of its members into evidence in a corruption 
investigation. In the course of investigations, prosecutors 
eavesdropped on the telephone calls of politicians and their advisors, 
including Prime Minister Berlusconi, former prime minister Romano 
Prodi, and other national leaders.
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 the press.
    The independent media were active and expressed a wide variety of 
views. However, disputes over partisanship on the airwaves continued to 
prompt frequent political debate, and NGOs contended that media 
ownership was concentrated in too few hands. The prime minister is the 
major shareholder of the country's largest private television company, 
Mediaset, its largest magazine publisher, Mondadori, and its largest 
advertising company, Publitalia. His brother owns one of the country's 
nationwide dailies, Il Giornale.
    The NGO Reporters without Borders and the journalists' union 
criticized several judicial actions against journalists who refused to 
name confidential sources during the year.
    On October 21, police searched the office, home, and car of 
journalist Ilaria Cavo, of the national television broadcaster 
Mediaset, who had published wiretaps of a suspected murderer. In 
December 2007 police searched the home of journalist Giuseppe d'Avanzo 
of the daily newspaper La Repubblica after he revealed that prosecutors 
were opening a corruption investigation into then opposition leader 
Silvio Berlusconi.
    Prosecutors continued to investigate two journalists suspected of 
having disclosed confidential information in the case of a senator 
suspected of money laundering. The offices and homes of the journalists 
were searched in June 2007. The National Federation of the Italian 
Press condemned what they described as excessive restrictions on 
freedom of expression.
    During the year public officials continued to bring cases against 
journalists under the country's libel laws. On May 12, the president of 
the Senate, Renato Schifani, sued journalist Marco Travaglio for libel 
after he hinted at ties between Schifani and criminals during a program 
aired by the public television network, Radiotelevisione Italiana 
(RAI). On September 5, a Milan court acquitted the British weekly 
journal The Economist in a suit brought by Prime Minister Berlusconi 
after the publication in 2001 of an article that characterized 
Berlusconi as unfit to lead the country. Suits filed in 2007 by Deputy 
Prime Minister Fancesco Rutelli against the weekly magazine L'Espresso 
and by parliamentarian Ferdinando Adornato against the national 
newspaper Il Giornale were in the courts at year's end. In the view of 
most observers, the risk of such suits did not affect adversely the 
willingness of the press to report on politically sensitive subjects.

    Internet Freedom.--There were no government restrictions on access 
to the Internet; however, a special unit of the police monitored Web 
sites for crimes involving child pornography online. Individuals and 
groups could engage in the peaceful expression of views via the 
Internet, including by e mail; however, the Government could request 
other governments to block foreign based Internet sites if they 
contravened national laws. As an antiterrorism measure, authorities 
required that Internet cafe operators obtain licenses. In January a 
survey conducted by ISTAT, the official government statistical agency, 
found that 43 percent of citizens had access to the Internet and 29 
percent used broadband connections.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 accord between the Roman 
Catholic Church and the Government gives the Catholic Church certain 
privileges. For example, it may select Catholic religion teachers, 
whose earnings were paid by the Government. In accordance with the law, 
government had understandings with organizations representing non 
Catholic religions pursuant to accords that allow the Government to 
give them support (including financial); some non Catholic confessions 
have such accords. In April 2007 authorities signed accords with 
several others, including the Buddhist Union, Jehovah's Witnesses, the 
Church of Jesus Christ of Latter day Saints, the Apostolic Church, the 
Orthodox Church of the Constantinople Patriarchate, and the Hindu 
community. These accords were submitted to parliament for ratification, 
but no action was taken by the end of the year. Divisions among the 
country's Muslim organizations, as well as the large number of Muslim 
immigrant groups, hindered the Muslim community's efforts to conclude 
an accord with the Government, although some Muslims attributed the 
lack of an accord to a lack of political will.
    On August 18, police arrested and subsequently deported Abdelmajid 
Zergout, the imam of a mosque in Varese, at the request of Moroccan 
authorities, who sought him on charges of ``participating in acts of 
terrorism,'' including suicide bombings in Casablanca in 2003.
    Muslims in some locations continued to encounter difficulties in 
getting permission to construct mosques and other community buildings. 
In Milan local officials stated in July that the Viale Jenner Mosque 
would be closed and offered a local stadium to Muslims to use four 
times a week provided they paid upon entry, a proposal rejected by the 
mosque. Opposition to the construction of mosques was not limited to 
urban communities; Muslims in rural Tuscany also were having 
difficulties getting permission to build a mosque. Although local 
officials usually cited other grounds for refusing building permits, 
some Muslims asserted that hostility toward their religion underlay the 
difficulties. The efforts of Northern League members of parliament to 
seek legislation to restrict further building of mosques furthered a 
hostile attitude toward Muslims.
    There were occasional reports that government officials or the 
public objected to women wearing garments that completely cover the 
face and body. On August 25, a woman wearing a headdress that covered 
her face was refused entrance to a museum in Venice. The director of 
the museum later apologized and stated that a guard had erred in 
barring her.
    The presence of Catholic symbols, such as crucifixes, in 
courtrooms, schools, and other public buildings continued to be a 
source of criticism and lawsuits.

    Societal Abuses and Discrimination.--The country's approximately 
30,000 Jews maintained synagogues in 21 cities. No violent anti Semitic 
attacks were reported during the year, but societal prejudices 
persisted, manifested largely by anti Semitic graffiti in a number of 
cities, and small extremist fringe groups were responsible for anti 
Semitic acts.
    On November 11, police arrested a person accused of displaying 
banners containing anti Semitic writing and denying the Holocaust 
during the celebration of the 65th anniversary of the raid in the 
ghetto of Rome and in a separate location. The far right group 
``Militia'' claimed responsibility for both episodes.
    On July 31, graffiti with the text ``Jewish people are revolting 
dogs, the Shoa (the Hebrew word for the Holocaust) doesn't exist'' was 
written on a wall in front of a prison in Milan.
    Denial of the Holocaust is a crime punishable by up to four years 
in prison. Officials confiscated materials that displayed symbols 
associated with Nazi Germany. For example, on October 1, officials in 
the north seized wine bottles whose labels depicted Adolf Hitler and 
other Nazis.
    During the year, the Government continued to host meetings to 
increase educational awareness of the Holocaust and to combat anti 
Semitism.
    There were also instances of discrimination and violence against 
Muslims. On February 1, A hand-made bomb injured two persons when it 
was thrown into a mosque in Battipaglia, Campania. Police subsequently 
arrested and deported one of the injured men, citing his lack of 
residence papers. There were no reports of progress in the 
investigation of the attack. In June, two hand made bombs were thrown 
at the Milan Islamic Center, damaging the main gate. This was the 
latest in a series of attacks against Islamic centers in the Milan area 
during the past two years. Some Muslims expressed fear of using public 
transportation and reported a hostile atmosphere in schools, and non 
Muslims feared walking near illegal immigrants' encampments, or taking 
busses at night.
    For a more detailed discussion, see the 2008 Report on 
International Religious Freedom at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government cooperated with the UNHCR and other humanitarian 
organizations to give protection and assistance to refugees, asylum 
seekers, stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The country is a party to the Dublin II Instruction, whose 
adherents generally transfer asylum applications to the first member 
country in which the applicant was present. In practice, the Government 
provided protection against the expulsion or return of refugees to 
countries where their lives or freedom would be threatened.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol, providing it to 5,920 persons in 2007. The top three 
countries of origin of persons granted temporary protection were 
Eritrea, Cote d'Ivoire, and Somalia.
    The Government provided temporary protection to refugees fleeing 
hostilities or natural disasters. The Government granted such refugees 
temporary residence permits, which had to be renewed periodically and 
did not ensure future permanent residence.
    Between January and July, authorities identified 15,400 individuals 
who came ashore illegally from North Africa, compared to 12,400 in 
2006. Those who were apprehended were sent to temporary detention 
centers for processing, and a magistrate determined whether they would 
be deported (if their identity could be ascertained), issued an order 
to depart (if their identity could not be ascertained), or accepted for 
asylum processing.
    According to AI, approximately 10 percent of migrants who came 
ashore in 2007 were minors. The Interior Ministry equipped special 
sections of identification centers to host minors. In a June 2007 
report, AI stated that the Government improved the treatment of minors, 
i.e., reducing the length of detention of unaccompanied minors and 
applying better identification procedures.
    On May 21, as part of a security package, the Government adopted an 
emergency decree that increased the penalties for crimes perpetrated by 
illegal immigrants by one third and provided for the expulsion of 
foreigners sentenced to two years or more. On May 30, the Government 
issued an order requiring the prefects of Milan, Rome, and Naples to 
identify and collect biometric data from persons living in encampments, 
including minors. The measure was widely understood to target Roma. 
Following criticism from the COE's commissioner for human rights, the 
media, and NGOs, the Government decided to fingerprint only those 
without identification documents, and persons who were at least 14 
years old.
    In November 2007 Human Rights Watch claimed that the Government's 
targeting of Romanians, and particularly those of Romani origin, for 
expulsion violated its international human rights obligations. Although 
the May security package covered the citizens of any member state of 
the European Union (EU), the political debate and official action in 
the country focused almost exclusively on Romanians, and in particular 
Roma from that country. Romanians were the country's largest immigrant 
group, estimated at approximately 600,000 persons, or 1 percent of the 
population. An estimated 60,000 of these were Roma.
    Following the adoption of the security package, police and local 
authorities evacuated and bulldozed some illegal Romani encampments in 
Rome, Milan, and Naples.
    In June the COE's commissioner for human rights visited some camps 
in Rome and expressed concerns about the living conditions of Roma and 
the general climate of intolerance toward Roma, Romanians, and illegal 
immigrants.
    The 20 temporary detention centers for illegal immigrants continued 
to be overcrowded.
Section 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 and Political Participation.--Executive authority is 
vested in the Council of Ministers, headed by the president of the 
council (the prime minister). The president, who is the head of state, 
nominates the prime minister after consulting with the leaders of all 
political forces in parliament. National and international experts, 
including the Organization for Security and Cooperation in Europe, 
considered the April national parliamentary elections free and fair.
    There were numerous political parties, which functioned without 
government restrictions or outside interference.
    There were 58 women in the 322 seat Senate and 134 women in the 630 
seat Chamber of Deputies. Women held four of 22 positions in the 
Council of Ministers.
    The only legally defined minorities are linguistic: the French 
speaking Valdostani and the German speaking Altoatesini/Suedtiroler. 
There were four members of these groups in the 322 seat Senate and 
three in the 630 seat Chamber of Deputies. In a largely monolithic 
society, immigrants represented approximately 5 percent of the 
population, and fewer than half of these qualified as ethnic/racial 
minorities. Two members of immigrant groups (of Moroccan and Congolese 
origin) were elected to the Chamber of Deputies.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively.
    On August 22, the Government abolished the independent Task Force 
on Corruption and transferred its powers to the Ministry of Public 
Administration. From January through April, financial police arrested 
93 persons charged with such crimes as corruption, graft, abuse of 
power, and embezzlement. In 2006 authorities referred 6,200 crimes to 
prosecutors and arrested 250 persons; the value of seized assets was 
150 million euros (approximately $210 million).
    There continued to be isolated reports of government corruption 
during the year. According to the ministries of Interior and Justice, 
in 2006 prosecutors charged 925 individuals with corruption; courts 
convicted 130 persons of corruption. Prosecutors charged 2,725 persons 
with abuse of authority; courts convicted 45 persons of abuse of 
authority, prosecutors charged 2,725 with embezzlement. From December 
2005 through November 2006, a special tribunal dealing with financial 
matters reported 193 cases of corruption, bribery, or graft in public 
administration. There was no information on the number of cases 
referred to a prosecutor for further action.
    On September 27, a Milan court temporarily suspended the trial of 
Prime Minister Berlusconi on charges of corruption for paying allegedly 
a lawyer to falsify his testimony in two other cases. Judges have 
questioned the constitutionality of legislation that grants immunity 
from prosecution to the four highest government officials: the 
president, prime minister, and the presidents of the Senate and Chamber 
of Deputies. Parliament enacted the legislation on July 22.
    On March 8, nine public officers of the prefecture of Milan were 
sentenced to 32 to 36 months' imprisonment and fined for visa fraud and 
facilitating illegal immigration. They had illegally issued 120 
residence permits and allowed the unlawful entry of more than 300 
aliens.
    On July 14, authorities arrested Abruzzo governor Ottaviano Del 
Turco and a number of other local officials and charged them with 
corruption, embezzlement, fraud, and abuse of power in a case allegedly 
involving 12.8 million euros (approximately $18 million) in the health 
care sector.
    In July 2007 the Court of Cassation sentenced parliamentarian 
Cesare Previti, previously Prime Minister Berlusconi's lawyer and later 
minister of defense, to 18 months in prison and barred him from holding 
public office in a case that involved the possible corruption of a 
judge.
    The law gives citizens the right to access government documents and 
to be informed of administrative processes. With some exceptions, 
described as security related, the Government and local authorities 
respected this right in practice for citizens, noncitizens, and the 
foreign press.
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 cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, ethnic 
background, and political opinion and provides some protection against 
discrimination based on disability, language, or social status. The 
Government generally enforced these prohibitions; however, some 
societal discrimination continued against women, persons with 
disabilities, immigrants, and Roma.

    Women.--Rape, including spousal rape, is illegal, and the 
Government enforced the law effectively. In 2005, 4,020 cases of rape 
were reported, and 1,344 individuals were convicted.
    Violence against women, including spousal abuse, remained a 
problem. In 2007 ISTAT reported that 6.7 million women aged 16 to 70, 
or 31.9 percent of all women, had been victims of violence at least 
once in their lives. Five million women were victims of sexual 
violence, one million of them of rape or attempted rape. ISTAT 
estimated that in 2006 there were 74,000 cases of rape or attempted 
rape, of which 4,500 were reported to the police. Partners reportedly 
committed approximately 23 percent of sexual abuses.
    The law criminalizes the physical abuse of women, including by 
family members; allows for the prosecution of perpetrators of violence 
against women; and helps abused women avoid publicity. Law enforcement 
and judicial authorities prosecuted perpetrators of violence against 
women, but victims frequently declined to press charges due to fear, 
shame, or ignorance of the law. In 2006 the Ministry of Equal 
Opportunity established a hot line for victims of violence seeking 
immediate assistance and temporary shelter. From March 2006 through 
2007, 16,700 women reported episodes of violence to this hot line, and 
half of them requested assistance. The NGO ACMID Donna established a 
toll free number for abused Muslim women and received 3,600 calls from 
November 2007 through May. Approximately 56 percent of those cases 
involved violence or other mistreatment by husbands or relatives, 
including unwillingly being in a polygamous marriage, a situation 
affecting an estimated 14,000 women.
    On April 10, authorities arrested a Moroccan man in Turin and 
charged him with kidnapping, raping, and using other forms of violence 
against his 17 year old wife, whom he had sequestered at home since 
March 10. He had asked her parents for a ransom of 3,000 euros 
(approximately $4,200). In September 2007 a 20 year old Moroccan woman 
escaped from the apartment in Genoa where she had been confined by her 
husband and mother in law for almost three years. In September 2007 an 
immigrant Indian woman, age 31, committed suicide, allegedly to avoid 
an arranged marriage.
    There were occasional reports of ``honor crimes'' and forced 
marriage.
    The Government created an interagency committee to combat female 
genital mutilation, and the Department of Equal Opportunity, in 
cooperation with local authorities, implemented a prevention program 
that included an awareness campaign for immigrants, an analysis of 
risks, and training of cultural mediators.
    Prostitution is legal in private residences; the law prohibits 
pimping, brothels, and similar commercial enterprises. The trafficking 
of women for sexual exploitation remained a problem.
    The law permits domestic courts to try citizens and permanent 
residents who engage in sex tourism outside of the country, even if the 
offense is not a crime in the country in which it occurred. The NGO 
ECPAT Italy estimated that in 2006, 80,000 to 100,000 Italian men 
traveled to Kenya, Thailand, Brazil, and other Latin American countries 
for sex tourism. According to a 2006 report by the UN Children's Fund 
(UNICEF), 18 percent of the clients of Kenyan sex workers were Italian.
    The country has a code of conduct for tourist agencies to help 
combat sex tourism. In June the Ministry of Foreign Affairs and ECPATG 
Italy organized a training course for diplomats on preventing sex 
tourism and on relevant domestic and international criminal law.
    Sexual harassment is illegal, and the Government effectively 
enforced the law. By government decree, emotional abuse based on gender 
discrimination is a crime. From November 2007 to May 2008, ACMID Donna 
received about 3,600 calls from immigrant women who reported episodes 
of violence.
    The law gives women the same rights as men, including rights under 
family law, property law, and in the judicial system.
    According to the European Commission, the overall gap between 
salaries for men and women was 7 percent. Women were underrepresented 
in many fields, including management, entrepreneurial business, and the 
professions. Only 10 percent of hospital department heads and 5 percent 
of deans of faculties of medicine were women.
    A number of government offices worked to ensure women's rights, 
including the Ministry for Equal Opportunity and the Equal Opportunity 
Commission in the Prime Minister's Office. The Ministry of Labor and 
Welfare has a similar commission that focuses on women's rights and 
discrimination in the workplace. Many NGOs, most of them affiliated 
with labor unions or political parties, actively and effectively 
promoted women's rights.

    Children.--The Government demonstrated a commitment to children's 
rights and welfare.
    There were incidents of child abuse. From January 1 through 
September 6, Telefono Azzurro, an NGO that advocates for children's 
rights, received approximately 3,500 calls and 923 requests for 
assistance. Of these, approximately 12 percent involved sexual abuse, 
32 percent physical violence, and 34 percent psychological 
exploitation. In 55 percent of the cases, the victims were female; 57 
percent of the victims were younger than 11. In 2006 authorities 
registered approximately 170 reports of sexual intercourse with minors, 
290 reports of production of child pornography, and 180 reports of 
possession of child pornography.
    NGOs estimated that approximately 10 percent of persons engaged in 
prostitution were minors. In 2007 an independent research center 
estimated that approximately 2,000 minors engaged in this activity on 
the streets, three fourths of them trafficked into the country and 
forced into prostitution.
    On July 9, police in Rome freed three Romanian girls and arrested 
three Romanian men who had seized the girls' documents, held them 
prisoner for a month, and forced them into prostitution. The men were 
charged with enslavement, kidnapping, and the forced prostitution of 
minors.
    On July 24, seven persons charged with coercing children into 
having sexual intercourse with adults in exchange for small gifts were 
sentenced to imprisonment of seven to fifteen years.
    In 2007 four persons accused of organizing tours to Brazil that 
included the sexual services of 12 to 17 year old girls were put on 
trial; the trials were ongoing at year's end. The first case applying 
extraterritoriality in cases of sex tourism concluded on March 8, when 
a court sentenced a man to 14 years in prison for pornography and the 
exploitation of minors, based on acts he committed in Thailand from 
2003 through 2005.
    In April 2007 four Italians and three Romanians were sentenced to 
three to 12 years for the forced prostitution and exploitation of 200 
Roma minors from 2004 through 2006.
    Illegal immigrant child laborers from northern Africa, the 
Philippines, Albania, and China continued to enter the country.
    A special unit of the police monitored 20,000 Web sites from May 
15, 2007 through June 2008; they invested 372 persons for crimes 
involving child pornography online, arrested 20, and closed down 22 
websites.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, trafficking in persons was a problem. Persons were 
trafficked to, from, and within the country. According to NGO sources, 
approximately 2,800 new victims were trafficked in 2007.
    Between one quarter and one third of women trafficked for 
prostitution came from Romania, according to the Ministry for Equal 
Opportunity. NGOs estimated that the large majority of persons engaged 
in prostitution were immigrants, primarily from Romania, Nigeria, 
Bulgaria, Ukraine, China, and Moldova. A large number of women entered 
the country voluntarily and were subsequently obliged to engage in 
prostitution in order to repay smugglers. The average age of victims 
declined, and an increasing number of victims were trafficked for labor 
outside the sex industry, particularly in the agriculture and service 
sectors. Immigrants, mostly from Nigeria, North Africa, China, and 
Eastern Europe, played a major role in trafficking for the purpose of 
sexual exploitation, both as traffickers and as victims, although 
citizens were also involved.
    In January the national anti Mafia prosecutor announced the results 
of ``Operation Viola,'' which led to the arrest of 66 Nigerians accused 
of trafficking in drugs and persons. They were affiliated with a 
criminal ring based in the Netherlands that had approximately 300 
members working in various European countries.
    After the accession of Bulgaria and Romania to the EU, individual, 
unaffiliated, smugglers from those countries began to traffic women one 
at a time, replacing some of the trafficking organizations that had 
been easier to target because of their larger size. After the smuggler 
makes his initial profit, he often sells the victims to domestic pimps. 
Women from Romania and Bulgaria do not need residence permits and 
frequently did not cooperate with police investigators. On August 27, 
police disrupted a ring of Romanians who were exploiting at least 100 
women and arrested six of them in Rome and three in Romania. The 
victims had been obliged to pay the gang half their daily earnings plus 
a fee for occupying a parcel of sidewalk they controlled; the gang 
``fined'' the most reluctant or threatened them with death.
    The law provides prison sentences of eight to 20 years for 
trafficking or enslavement. If the victims are minors, sentences 
increase by one third to one half. The law mandates special prison 
conditions for traffickers that limit their ability to continue their 
operations while incarcerated.
    According to the Ministry of Justice, authorities investigated 
2,296 persons for trafficking in 2007 and arrested 513; trial courts 
convicted 178 persons and appeal courts convicted 104.
    The Government cooperated with foreign governments, including those 
of Romania, Nigeria, Ukraine, Bulgaria, and Moldova, to investigate and 
prosecute trafficking cases. Because in some trafficking cases it was 
difficult for police to meet the law's evidentiary standards, 
authorities relied on enforcement of immigration law to stop 
trafficking.
    There were no reports during the year that government officials 
participated in, facilitated, or condoned trafficking.
    The law provides temporary residence or work permits to trafficked 
persons seeking to escape their exploiters. Authorities and NGOs 
encouraged trafficking victims to file complaints, and there were no 
legal impediments to their doing so. Unlike most other illegal 
immigrants, who face deportation if apprehended, persons who qualify as 
trafficking victims under the law receive benefits, including legal 
residence, whether or not they file a complaint. However, NGOs alleged 
that the Government did not always allow enough time between 
apprehension and deportation of illegal immigrants to screen them for 
trafficking victims.
    The Government provided legal and medical assistance, access to 
shelters, and job training to persons identified by authorities as 
victims of trafficking. In 2006 the Government assisted 7,300 women. 
There were also assistance and incentive programs for those willing to 
return to their native countries; in 2006, 62 victims who chose to 
return to their home countries were repatriated. The domestic NGO 
Social Service International assisted in repatriating unaccompanied 
immigrant minors.
    The law empowers magistrates to seize convicted traffickers' assets 
to finance legal assistance, vocational training, and other social 
integration assistance for trafficking victims.
    The Government worked with foreign governments and NGOs to organize 
trafficking awareness campaigns. The law directs the Foreign Ministry, 
working with the Ministry of Equal Opportunity, to conclude anti 
trafficking agreements with trafficking source countries.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 
effectively enforced these provisions, but there was some societal 
discrimination.
    Although the law mandates access to government buildings for 
persons with disabilities, mechanical barriers, particularly in public 
transport, left such persons at a disadvantage. The Ministry of Labor 
and Welfare was responsible for protecting the rights of persons with 
disabilities.
    ISTAT estimated that there were approximately three million persons 
with disabilities. The Governmental research center Isfol reported that 
their employment rate (of those between the ages of 15 to 64) was about 
45 percent in 2007, while 35 percent received social benefits. Of the 
712,000 workers with disabilities registered at public employment 
centers during the year, only 4.4 percent found work in 2007. At the 
same time, 65,000 positions reserved for them by law remained vacant.

    National/Racial/Ethnic Minorities.--There continued to be reports 
that police mistreated Roma. The NGOs Opera Nomadi and the Community of 
Sant'Egidio reported cases of discrimination, particularly in housing 
and evictions, deportations, and government efforts to remove Romani 
children from their parents for their protection. Government officials 
at the national and local levels, including those from the Interior 
Ministry and the Ministry of Equal Opportunity, met periodically with 
Roma and their representatives.
    In May the Interior Ministry initiated a campaign to crack down on 
illegal immigration and to close down illegal encampments, based on an 
emergency decree on security and immigration approved on May 21. 
Authorities arrested or expelled several hundred foreigners and took 
the names of others who lived in encampments near major cities. Other 
measures aimed at cracking down on street prostitution, begging, and 
selling counterfeit goods, also focused in practice largely on illegal 
immigrants.
    There were a number of violent attacks against Roma, and some camps 
were set afire. On July 29, the commissioner for human rights of the 
COE expressed concern about violence against Roma and for the 
unacceptable living conditions observed in some camps. On June 6, a 16 
year old pregnant Romani girl was attacked while she was begging in 
Rimini. On June 9, unknown persons attacked and burned a settlement of 
approximately 100 Romanian Roma in Catania.
    On May 10, a woman from the Naples suburb of Ponticelli discovered 
a 16 year old Roma girl in her home holding the woman's six month old 
baby. When the girl attempted to flee, a mob surrounded her and 
threatened to lynch her. The girl was arrested. Anti Roma reactions in 
Ponticelli were immediate. Several hours after the alleged attempted 
kidnapping, a group of about 20 individuals attacked a Romanian 
laborer, who was beaten and stabbed once. On May 12, three individuals 
doused the entrance to a Ponticelli Roma camp with gasoline and set it 
on fire. Several other isolated shacks that were home to Roma were set 
on fire in the evenings of May 12 and 13. On May 13, 300 to 400 local 
residents assaulted one of the largest Roma camps in the area, home to 
48 families. Hooded men armed with metal bars pulled down a fence, 
shouted insults and threats, threw stones, and overturned some cars. 
Authorities evacuated encampments and relocated former residents to a 
larger camp protected by police. On May 14, two abandoned groups of 
shacks were set afire, presumably by the same group of vandals, and 
with the approval of some local residents, who heckled firefighters 
when they arrived. By May 15, all Roma in the area had been forced to 
leave the Ponticelli camps to go to camps and a school in other 
districts. On December 1, police arrested two individuals in connection 
with the Ponticelli attacks.
    In 2006 the European Committee of Social Rights ruled that the 
country systematically violated the right to adequate housing for Roma 
by not providing sufficient camping sites, not providing permanent 
housing, and evicting Roma from housing. In 2007 the cities of Rome and 
Milan created some equipped camps, but they proved to be insufficient.
    There were no accurate statistics on the number of Roma in the 
country. NGOs estimated that there were approximately 150,000, 
including 75,000 citizens, concentrated on the fringes of urban areas 
in the central and southern parts of the country. Roma live in camps 
characterized by poor housing, unhygienic sanitary conditions, limited 
employment prospects, inadequate educational facilities, and 
inconsistent police presence.
    There were also instances of discrimination and violence against 
African immigrants and residents of African descent. On August 18, 
unknown assailants opened fire on the home of Teddy Egonwman, the 
president of the Nigerian Association in Campania, severely wounding 
him, his wife, and three friends. On September 19, suspected mobsters 
killed six African immigrants in a drive by shooting in the Naples 
suburb of Castel Volturno. Despite conjecture that the killings were 
related to drug trade rivalries, officials stated there was no evidence 
the victims were criminals and that racism may have been a motive. 
Hundreds of Africans rioted the next day, claiming that the murders 
were hate crimes. Less than a week later, African residents of another 
Naples suburb who claimed they were being illegally forced out of their 
housing found threatening racist graffiti on walls around the town.
    The Government's Office to Combat Racial and Ethnic Discrimination 
in the Ministry of Equal Opportunity assisted victims of 
discrimination. In 2007 the office received about 8,000 calls on its 
national hot line. The majority of complaints related to labor 
conditions, wages, and discrimination in the provision of public 
services. The office provided legal assistance and helped mediate 
disputes.

    Other Societal Abuses and Discrimination.--There were reports of 
societal discrimination based on sexual orientation. On September 15, 
an NGO reported that unknown persons painted swastikas and graffiti 
saying ``gays in ovens'' in a Rome neighborhood popular with gays. On 
July 7, a gay couple was insulted and beaten by a group of youths near 
Naples.
    On July 12, a court ordered the ministries of Transportation and 
Defense to pay 100,000 euros (approximately $140,000) in compensation 
for having requested the revocation of a person's driver's license 
based on his sexual orientation.
    There were no reports of violence or discrimination against persons 
with HIV/AIDs.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
establish, join, and carry out union activities in the workplace 
without previous authorization or excessive requirements, and workers 
exercised these rights in practice. The law prohibits union 
organization in the armed forces. Unions claimed to represent between 
35 and 40 percent of the workforce.
    The law provides for the right to strike, and workers exercised 
this right by conducting legal strikes. The law restricts strikes 
affecting essential public services (such as transport, sanitation, and 
health), requiring longer advance notification and precluding multiple 
strikes within days of each other.

    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 workers to organize and bargain collectively, and workers 
exercised this right. Employers and unions concluded more than 300 
collective agreements, which also covered nonunionized workers. 
Approximately 35 percent of the workforce worked under collective 
bargaining agreements.
    Antiunion discrimination is illegal and the Government effectively 
enforced labor laws; employees fired for union activity have the right 
to request their reinstatement. There were no reported cases of 
discrimination.
    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 Government 
enforced such laws; however, there were reports such practices 
occurred. Women were trafficked for sexual exploitation, children for 
sexual exploitation and begging, and workers for agricultural labor or 
to work in sweatshops manufacturing counterfeit products.
    An independent research center, PARSEC, estimated that in 2007 
approximately 500 victims of labor trafficking worked outside the sex 
industry, mainly in domestic or agricultural labor and in the service 
sector. Forced labor occurred primarily in the agricultural sector and 
mostly in the south where, according to the NGO Doctors without 
Borders, 90 percent of the foreign seasonal workers were unregistered 
and about two thirds of them did not hold residence permits. The top 
five source countries for agricultural workers were Poland, Romania, 
Pakistan, Albania, and Cote d'Ivoire.
    Trafficking victims in the Tuscany region who worked in sweatshops 
may have been exposed to dangerous chemicals in the leather industry.
    On March 10, authorities arrested a Chinese entrepreneur and 
charged him with abetting illegal immigration and exploiting 
unregistered workers. Police found 47 Chinese victims of forced labor, 
including six minors and two pregnant women, working and living in a 
sweatshop near Reggio Emilia.
    On February 22, 17 Poles, Ukrainians, Algerians, and Italians who 
were arrested in July 2006 received sentences of four to 10 years for 
trafficking up to 1,000 Poles over several years for forced 
agricultural labor. The traffickers hired the workers out to local 
farmers. Victims reportedly responded to an advertisement for migrant 
workers, paid a travel fee, received three euros ($4.20) per hour, and 
were kept in penury by the traffickers, who charged them for food, 
water, and squalid sleeping quarters.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government sought to enforce laws and policies designed to protect 
children from exploitation in the workplace; however, there were a 
number of reports of child labor.
    The law prohibits employment of children under age 15 with some 
limited exceptions, and there are specific restrictions on employment 
in hazardous or unhealthy occupations for boys under the age of 18 and 
girls under the age of 21. Enforcement was generally effective in the 
formal economy; however, it was difficult in the extensive informal 
economy. In 2006 an independent research center, Censis, estimated that 
over 400,000 children between the ages of seven and 14 worked at least 
occasionally and that 147,000 of them were exploited. Many of these 
children worked in family owned farms and businesses, which is illegal 
if it interferes with education.
    Illegal immigrant child laborers, mostly from 15 to 18 years old, 
continued to enter the country from northern Africa, the Philippines, 
Albania, and China. They worked primarily in the manufacturing and 
services industries. Most arrived with their parents; however, there 
were significant numbers of unaccompanied minors.
    Children were trafficked for sexual exploitation and begging. 
Minors represented about 15 percent of the total victims of trafficking 
and smuggling from Romania; most were engaged in prostitution. In 2007 
about 300 minors were trafficking victims, according to the Ministry 
for Equal Opportunity. National and local authorities provide minor 
victims automatic residency permits (valid until age 18) and access to 
education and other assistance programs. In 2006, 266 minors entered 
social protection programs.
    The Government, employers' associations, and unions continued their 
tripartite cooperation to combat child labor. The Ministry of Labor and 
Welfare, working with police and Carabinieri, is responsible for 
enforcement of child labor laws, but their efforts were often 
ineffective.

    e. Acceptable Conditions of Work.--The law does not specify the 
amount of the minimum wage; it provides for it to be set through 
collective bargaining agreements on a sector by sector basis. The 
minimum wage in most industries provided a decent standard of living 
for a worker and family. Courts effectively enforced the wages set 
through collective bargaining agreements, but workers in the informal 
sector often worked for less than the minimum wage.
    The legal workweek is 40 hours. Overtime work may not exceed two 
hours per day or an average of 12 hours per week. Unless limited by a 
collective bargaining agreement, the law sets maximum overtime hours in 
industrial sector firms at no more than 80 per quarter and 250 
annually. The law requires rest periods of one day per week and 11 
hours per day. Premium pay is required for overtime. These standards 
were effectively enforced.
    The law sets basic health and safety standards and guidelines for 
compensation for on the job injuries. There were labor inspectors in 
both the public health service and the Ministry of Labor and Welfare, 
but their numbers were insufficient to ensure adequate enforcement of 
health and safety standards. The standards were not enforced in the 
informal economy. According to the Workmen's Compensation Institute, 
there were 779 work related deaths from January through September. 
Workers have the right to remove themselves from dangerous work 
situations without jeopardizing their continued employment, and the 
Government effectively enforced this right.

                               __________

                                 KOSOVO

    Kosovo declared independence from Serbia on February 17. The 
country has a population of approximately 2.2 million. The UN Interim 
Administrative Mission in Kosovo (UNMIK) administered Kosovo under the 
authority of UN Security Council (UNSC) Resolution 1244 of 1999 until 
June 15, when the country's constitution entered into effect. The 
constitution establishes a parliamentary democracy and incorporates 
international human rights conventions and treaties. Multiparty 
elections in November 2007 for the Assembly generally reflected the 
will of the voters. Prior to February 17, Kosovo was administered under 
the civil authority of UNMIK, led by a special representative of the UN 
secretary-general (SRSG). The Government gradually assumed authority 
and responsibilities in most areas during the year. With the 
promulgation of the constitution in June, the UNMIK role in the 
administration of Kosovo was supplanted by other internationally-
sponsored mechanisms envisioned under the Ahtisaari plan, including the 
International Civilian Office and the EU Rule of Law Mission (EULEX), 
which replaced UNMIK police on December 9. The Government, UNMIK 
international civilian authorities, and the UN-authorized North 
Atlantic Treaty Organization peacekeeping force for Kosovo (KFOR) 
generally maintained effective control over security forces.
    The Government and UNMIK generally respected the human rights of 
residents; however, there were problems in some areas, particularly 
relating to minority communities. The most serious of these were deaths 
and injuries from unexploded ordnance or landmines; corruption and 
government interference in security forces and the judiciary; lengthy 
pretrial detention and lack of judicial due process; cases of 
politically and ethnically motivated violence; societal antipathy 
against Serbs and the Serbian Orthodox Church; lack of progress in 
returning internally displaced persons to their homes; government 
corruption; violence and discrimination against women; trafficking in 
persons, particularly girls and women for sexual exploitation; societal 
violence, abuse, and discrimination against minority communities; 
societal discrimination against persons with disabilities; abuse and 
discrimination against homosexuals; and child labor 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 that the Government, UNMIK, or its agents committed arbitrary 
or unlawful killings. Unlike in previous years, UNMIK forces did not 
kill any individuals during demonstrations.
    On April 4, Human Rights Watch wrote to the governments of Kosovo 
and Albania requesting that the governments investigate alleged organ 
trafficking of civilians from Kosovo to Albania during the 1999 Kosovo 
conflict. Both governments rejected the allegations. In 2004 
allegations first arose that in 1999 traffickers kidnapped civilians 
from Kosovo and brought them to Albania, where some were killed and 
their organs sold. At that time UNMIK and the International Criminal 
Tribunal for the Former Yugoslavia (ICTY) conducted preliminary 
investigations into the matter, which resulted in no further action. 
Albanian authorities stated that they cooperated in those 
investigations. In July the Council of Europe appointed a special 
rapporteur to report on the allegations. In October Albanian 
prosecutors met with their Serbian counterparts in Tirana to discuss 
the issue. They were unable to agree on joint next steps.
    During the year UNMIK authorities completed their investigation in 
the case of UNMIK security forces who shot and killed two protesters 
and seriously wounded two others with rubber bullets during a February 
2007 demonstration by the Self-Determination Movement in which 
protestors became violent. The UNMIK Department of Justice concluded 
the loss of life was unjustified and that the facts gave reasonable 
suspicion of criminal acts among security personnel who had fired the 
rubber bullets. The UNMIK Department of Justice also concluded that 
insufficient evidence existed for charges to be lodged against any 
particular officers.
    There were reports of politically motivated attacks and threats 
against Kosovo Albanian political and institutional figures during the 
year.
    On January 8, prosecutors charged Kosovo Serbs Milic Milicevic, 
Milivoje Zdravkovic, Radojko Dunjic and Dusan Manjolovic for assaulting 
members of SRSG Joachim Ruecker's and KFOR Commander General Xavier de 
Marnhac's security detail in Gorazhdec/Gorazdevac, Peje/Pec in December 
2007. According to media accounts, some Kosovo Serb villagers were 
angry that Ruecker and de Marnhac had chosen to meet with two Kosovo 
Serbs working for the Kosovo government whom the attackers believed did 
not represent the broader community. There were no reports of injuries.
    During the year there were reports of two deaths and three injuries 
from landmines or unexploded ordnance from the 1998-99 conflict.
    There were developments in the February 2007 incident in which 
shots were fired at Anton Berisha, the head of the Telecommunications 
Regulation Authority, as he traveled on the Pristina-Peje/Pec highway. 
On April 22, the Pristina District Court placed suspects Agron 
Haradinaj, Mentor Qela, Agim Hoti, and Driton Spahiu in pretrial 
detention. Police also arrested and subsequently released three others 
suspected of involvement. The trial of the four defendants continued at 
year's end.
    There were no developments in the 2007 killing of Kosovo Police 
Service (KPS) officer Avni Kosumi; a police investigation remained 
ongoing at year's end.
    There were no developments during the year in the December 2006 
case of Hetem Sadri Rexhaj, who was killed in police custody in Peje/
Pec. There were also no developments in the investigations of the 
following killings that may have been politically motivated: the 2006 
killing of Mark Oroshi, who was suspected of killing attorney and 
Istog/Istok Democratic League of Kosovo (LDK) political activist Shaban 
Manaj in 2001, or the 2006 killing of Kosovo Serb Dragan Popovic, who 
was shot and killed in his home in the ethnically mixed Kline/Klina 
municipality.
    On April 17, the Prizren District Court convicted Osman Zyberaj and 
Shyqeri Shala for the 2005 murder of Hasan Rrustemi and the attempted 
murder of Nezim Rrustemi. Both victims were witnesses in the then-
ongoing trial of Selim Krasniqi, a Kosovo Protection Corps (KPC) 
officer charged with war crimes against Kosovo Albanian civilians in 
the Drenoc/Drenovac Detention Camp in Prizren in 1998. Krasniqi and one 
codefendant were convicted and sentenced to 7 years' imprisonment in 
2006.
    On June 6, Florim Ejupi was found guilty for the ``Nis Express'' 
bus bombing case and sentenced to 40 years' imprisonment. Ejupi had 
been indicted on charges that he and accomplices planned and executed 
the 2001 bombing near Podujeve/Podujevo that killed 11 Kosovo Serbs and 
injured 40 others.

    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were still thousands of persons missing 
from the 1998-99 conflict whose remains had not been identified or 
whereabouts determined.
    According to the International Committee of the Red Cross (ICRC), 
as of November there were 1,919 persons still listed as unaccounted for 
since the 1998-99 conflict, of whom 70 percent were Kosovo Albanians 
and 30 percent were Kosovo Serbs and other minorities.
    During the year the Ministry of Justice and the Office on Missing 
Persons and Forensics (OMPF) continued to identify the remains of 
missing persons. On December 9, EULEX joined their operations. Since 
2002 the OMPF, in coordination with the Ministry of Justice, performed 
642 field operations and exhumations, 71 of which took place from 
January to November. Since 2002 the OMPF recovered the remains of over 
3,800 missing persons and focused on identifying 1,570 sets of human 
remains discovered in Kosovo, along with approximately 900 sets from 
Serbia.
    By the end of November, 396 unidentified sets of remains were in 
OMPF custody (354 bodies were exhumed in Kosovo and 42 were transferred 
from Serbia). Through November the OMPF received 101 positive DNA match 
reports, representing 54 identifiable individuals. During that same 
period, the OMPF and the International Commission on Missing Persons 
worked on the identification of 12 cases of missing persons for which 
there were not enough blood donors to provide information for a match. 
DNA information and traditional methods were combined to confirm 
identification of remains. During the first 11 months of the year, the 
OMPF conducted 71 field operations, recovering 60 unidentified remains 
and transferring them to the mortuary for autopsy and identification.
    In 2006 the Serbian government transferred the last sets of 
identified remains of Kosovo Albanian victims of the 1998-99 conflict 
found in mass graves in Serbia. These remains were returned to families 
for burial. Families of the missing continued to request that the 
Serbian government provide access to records that might indicate 
locations of additional mass graves or places where bodies may have 
been incinerated.
    During the year, officials from Kosovo and Serbia met three times 
in a working group on missing persons, chaired by the ICRC and under 
the auspices of the SRSG. Although a sub-working group on forensic 
issues met three times during the year and the parties conducted 
several teleconferences on forensic issues, hundreds of sets of human 
remains in the Pristina morgue remained unidentified.
    According to the ICRC, during the period between January and 
August, the OMPF handed over 75 identified sets of human remains to 
families, including nine victims from ethnic minority communities. 
Forty-one were transferred through the OMPF from Serbia to Kosovo; 16 
were transferred from Kosovo to Serbia (exhumed in Kosovo and handed 
over to families in Serbia), and 98 were transferred within Kosovo 
(exhumed in Kosovo and handed over to families in Kosovo).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law and constitution prohibit such practices. Unlike 
the previous year, there were no reports that the Government, UNMIK 
(which maintained oversight and executive authority in police functions 
through December 9), EULEX, or KFOR (which has limited arrest and 
detention authority) engaged in such practices.
    In April 2007 a KPS-led raid in the Serb-majority municipality of 
Shterpce/Strpce, conducted solely by ethnic Albanian police officers, 
resulted in injuries to several Kosovo Serb suspects and credible 
allegations of excessive use of force and inappropriate behavior. As a 
result, the KPS launched an investigation of 11 officers. The KPS 
issued formal disciplinary letters to five of the officers and cleared 
the remaining six officers of wrongdoing. Following this incident, KPS 
implemented a new requirement that at least one KPS officer who belongs 
to the ethnic group targeted by a police operation participate in 
planning. Additionally, new guidelines require that an officer who 
speaks the language of the suspects must be present at all times to 
translate.

    Prison and Detention Center Conditions.--Prisons and detention 
centers reportedly met international standards; and the Government 
permitted visits by independent human rights observers. During the year 
there were some allegations of abuse and mistreatment of prisoners. The 
Kosovo Rehabilitation Centre for Torture Victims (KRCT), an NGO that 
visited and monitored Kosovo prisons during the year, reported in 
December that Kosovo Correctional Service (KCS) staff physically and 
verbally abused prisoners at the Dubrave/Dubrava prison. The KRCT also 
reported on additional allegations of mistreatment regarding the 
Lipjan/Lipljan prison.
    In August 2007, a group of prisoners incarcerated for terrorism, 
murder, attempted murder, and robbery escaped from Dubrave/Dubrava 
prison. Police subsequently arrested three escapees. Macedonian police 
subsequently killed three other escapees near Tetovo, Macedonia, in 
November 2007. On March 25, the KPS confirmed the arrest of three 
additional escapees. At year's end, two escapees remained at large.
    UNMIK reported bringing disciplinary proceedings against KCS 
members during the year. Through November 30, 22 KCS staff members were 
dismissed from the service, three received written warnings, and one 
staff member was demoted.
    During the year the average monthly prison population at Dubrave/
Dubrava was 744 inmates, below its total capacity of 1,104. The 
Dubrave/Dubrava and Lipjan/Lipljan prisons and six detention centers 
operated during the year, including the newly renovated Lipjan/Lipljan 
detention center.
    During the year UNMIK completed transfer of responsibility for 
administering Kosovo's prisons to the KCS, which operates under the 
Ministry of Justice. The KCS managed daily operations at the Dubrave/
Dubrava prison, with the exception of the 32-prisoner high-risk 
section, which remained under international supervision. UNMIK retained 
a limited monitoring and mentoring role in the prisons and relinquished 
its previous authority to take control of the prison system during 
emergencies.
    UNMIK permitted ICRC and ombudsman visits and monitoring of the 
country's prisons and detention centers. In February 2007 the Ministry 
of Justice granted the Council for Defense of Human Rights and Freedoms 
(CDHRF), a local NGO, full access to all prisons, detention centers, 
and correction centers. The CDHRF had previously complained that it was 
denied access on some occasions. The CDHRF, along with the ICRC, the 
ombudsman, and the Kosovo Center for the Rehabilitation of Torture 
Survivors inspected Dubrave/Dubrava prison during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government, UNMIK, and 
KFOR generally observed these prohibitions.

    Role of the Police and Security Apparatus.--Local security forces 
included the KPS and the KPC, a civilian emergency response 
organization that functioned under the authority of the SRSG. Through 
early December, UNMIK maintained oversight and intervention authority 
over the police but continued to transfer police authority and 
functions to the KPS. On December 9, EULEX took over UNMIK's mandate to 
monitor, mentor, and advise local judicial and law enforcement 
institutions. EULEX also possessed limited executive authority in areas 
including war crimes, witness protection, the Financial Intelligence 
Unit, and international police.
    Through early December, an international commissioner of police 
directed both UNMIK police and the KPS. After December 9, the head of 
the EULEX police component assumed responsibility for monitoring, 
mentoring, and advising the KPS. Members of ethnic minorities comprised 
15.5 percent of 7,050 KPS officers at year's end; 10 percent of KPS 
officers were Kosovo Serbs. Following the February 17 declaration of 
independence, 347 Kosovo Serb officers began boycotting the KPS in 
protest, largely at the behest of Serbian authorities; however, the 
Ministry of Internal Affairs continued to pay the boycotting officers. 
Women accounted for approximately 15 percent of KPS officers.
    Executive authority over the KPS was shared among the Government, 
UNMIK, and EULEX. The KPS was responsible for all day-to-day police 
operations in all areas of the country except the northern regions of 
Zubin Potok, Zvecan, Leposaviq/Leposavic, and Mitrovice/Mitrovica. In 
those regions Kosovo Serb KPS units worked directly for UNMIK until 
EULEX supplanted UNMIK on December 9. Specialized police units on war 
crimes, counterterrorism and hostage rescue, and the witness protection 
program remained staffed by international UN police officers and 
operated independently of the KPS due to the sensitivity of those 
functions. Units on criminal intelligence and organized crime were 
operated jointly. Both the international police and the judiciary have 
broad discretion to intervene in any particular criminal matter. As a 
practical matter, most policing duties and responsibilities were in the 
hands of the KPS.
    Corruption and government influence remained problems in the 
security forces. For example, in September police arrested seven 
members of the Customs Service for their involvement in a ring 
smuggling pharmaceuticals into the country. There was no further 
information available at year's end.
    The Police Inspectorate of Kosovo (PIK) operates as an independent 
body under the Ministry of Internal Affairs, designed to promote police 
efficiency and effectiveness, hold police accountable for their 
actions, and investigate alleged legal violations. The PIK forwards the 
results of investigations revealing violations to the Senior Police 
Appointment and Disciplinary Committee (SPADC) for possible further 
action. During the year the PIK investigated 2024 active cases, of 
which 789 were based on complaints from citizens, and 1,235 were from 
the KPS itself. Of those cases, 168 were being investigated further, 
323 were deemed unfounded, 482 investigations were completed and 
forwarded to SPADC, and 781 were turned over to the Professional 
Standards Unit (PSU), which focused on investigating and punishing 
minor police offenses. The remaining 270 cases were still under 
investigation. Forty-three percent of serious violations were for 
conduct unbecoming an officer, while 30 percent were for 
insubordination. Nine percent of investigations involved allegations of 
inappropriate use of force, 5 percent focused on allegations of 
criminal offenses, and 1.5 percent concerned complaints of corruption.
    The PSU handles the investigation and punishment of minor police 
offenses and is run by the KPS. During the year, the PSU opened 989 
cases, most commonly involving unauthorized absence from duty, leaving 
the area of assignment, and damage or loss of police property. As of 
year's end, 716 of these cases were completed, 500 were deemed to have 
merit, 212 were deemed unfounded, and four remained open. The PSU 
closed one case without investigative measures due to the resignation 
of the accused officer. Sanctions ranged from dismissal to temporary 
suspension or mandatory training. As of December, a total of 273 cases 
were still under investigation; in cases involving violations of the 
criminal code, many of the employees were suspended temporarily pending 
a court decision.

    Arrest and Detention.--Police generally made arrests openly using a 
warrant issued by a judge or prosecutor; however, in some cases, masked 
or undercover officers conducted arrests. By law, arrests must be based 
on prosecutor orders and arrestees must be brought before a judge 
within 72 hours. The majority of the year's arrests were carried out by 
the KPS. There were no reports that the KPS abused the 7-hour rule; 
authorities generally charged arrestees within six hours or released 
them. Arrestees have the right to be informed of the reason for their 
arrest in a language they understand; to remain silent and not answer 
any questions except those concerning their identity; to obtain free 
assistance of an interpreter; to obtain defense counsel and to have 
defense counsel provided if they cannot afford one; to receive medical 
and psychiatric treatment; and to notify a family member. KPS and UNMIK 
police generally respected these rights in practice.
    Under extraordinary circumstances, KFOR can arrest and detain 
individuals without a warrant. The KFOR commander can detain 
individuals for 72 hours, renewable for a second 7-hour period. After 
144 hours, KFOR must then release a detainee. There were no reports 
that KFOR arrested persons without a warrant during the year.
    KPS and UNMIK police may hold individuals for up to 72 hours 
without a court order. The court may hold individuals in pretrial 
detention for 30 days from the day of arrest but can extend detention 
up to a total of 18 months. The law allows for house arrest, 
confiscation of travel documents, and expanded use of bail as 
alternatives to pretrial detention, but these were applied in only a 
handful of cases. Defendants could also appeal their detention on 
remand.
    Lengthy detentions, both before and during judicial proceedings, 
remained a problem. The law provides that a judge may impose this 
extraordinary measure only when ordinary measures, such as house 
arrest, are insufficient to secure the defendant's presence during 
criminal proceedings and enable proper administration of the criminal 
proceedings. In practice judges routinely used detention on remand 
without showing any evidentiary justification.
    Trial delays were caused by factors including judicial inefficiency 
and corruption.

    e. Denial of Fair Public Trial.--The constitution, the previous 
constitutional framework, and the Government provide for an independent 
judiciary; however, the local judiciary was at times biased and subject 
to outside influence and did not always provide due process. There were 
credible reports of corruption in the local judiciary, and the court 
system was inefficient.
    Until December 9, legal authority was held by UNMIK under UNSC 
Resolution 1244. UNMIK police and justice authorities held executive 
responsibility for the judicial system but worked with local judges and 
prosecutors; UNMIK continued to transfer some reserved competencies to 
the Ministry of Justice, the Ministry of Internal Affairs, and the KJC 
until it was replaced by EULEX. The Serbian government continued to 
operate an unsanctioned parallel judicial system in Kosovo Serb 
enclaves and in majority Serb municipalities. In mid-March protests 
against Kosovo's independence, Kosovo Serb protesters forced the 
closure of the district and municipal courts in Mitrovice/Mitrovica and 
municipal courts in Leposaviq/Leposavic and Zubin Potok. On October 3, 
UNMIK announced the reopening of the Mitrovice/Mitrovica District 
Court. On December 9 EULEX deployed three judges, three prosecutors, 
and three legal officers to the Mitrovice/Mitrovica District Court. The 
municipal courts remained closed at year's end.
    The court system includes a Supreme Court, five District Courts, 
including a commercial court, 25 municipal courts, 25 minor offense 
courts, and an appellate court for minor offenses. At year's end there 
were eight UNMIK-appointed international judges and seven international 
prosecutors. The Government maintained a central public prosecutor's 
office, five district prosecutors, and seven municipal prosecutors. The 
Kosovo Special Prosecutors Office continued to operate under UNMIK 
oversight, and included six special prosecutors focused on serious 
crimes including human trafficking, corruption, and counterterrorism.
    While the law provides that a panel of two professional and three 
lay judges try serious cases, an UNMIK regulation authorizes 
international prosecutors to try cases of a sensitive ethnic or 
political nature before a panel of three international judges. Since 
beginning their work in 2000, international prosecutors completed 513 
of the 727 cases assigned to them.
    During the year UNMIK divided its Judicial Inspection Unit into two 
distinct units: the Office of the Disciplinary Counsel (ODC) and the 
Judicial Audit Unit (JAU). The ODC was responsible for investigating 
the activities of judges, prosecutors, and lay judges and for 
prosecuting cases of misconduct before the Kosovo Judicial Council 
(KJC). The JAU analyzed and evaluated the functioning of the courts and 
public prosecutors' offices, and submitted reports and recommendations 
to the KJC, Ministry of Justice, and the Assembly. Since 2001 the ODC 
processed a total of 2,482 complaints, including 399 during the year. 
Of those 399, the unit rejected 221 cases and completed 50 
investigations. During the year the ODC referred 40 cases to the KJC, 
which had a total of 59 cases pending at year's end. The KJC convened 
one disciplinary hearing before the Judicial Disciplinary Committee. 
During the year the JAU completed three audit reports.

    Trial Procedures.--Trials are 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. 
Representation may be provided at public expense if necessary; however, 
this procedure was used rarely in practice. Defendants are presumed 
innocent until proven guilty and have the right of appeal. Trials are 
heard by panels consisting of professional and lay judges; there are no 
jury trials.
    In 2007 the Government established a Legal Aid Commission, an 
independent government agency that provides free legal assistance to 
low-income individuals. The commission began operations in January. As 
of June 30, it had provided legal assistance to 538 persons through the 
five district Legal Aid bureaus. The commission provided assistance to 
272 persons in administrative matters, 207 in civil matters and 59 in 
criminal matters. Of all persons receiving assistance, 207 (38 percent) 
were female and 48 (9 percent) were minorities, including members of 
the Roma, Turkish, Bosniak, Serbian, and Egyptian communities. The 
commission referred 79 cases (15 percent) to advocates from the 
national bar association for legal aid-funded court representation 
while legal aid officers handled the remaining cases. The most common 
types of legal disputes included social assistance and pension cases, 
property and family law cases, and inheritance disputes.
    The Ministry of Justice-operated judicial integration section 
continued to address judicial system problems affecting minorities. In 
addition, the ministry operated 11 court liaison offices to assist 
minority communities in Kosovo Serb-majority areas by accompanying 
members of minorities to courts, filing documents with courts on their 
behalf, and providing information and legal assistance to refugees and 
internally displaced persons (IDPs). In response to past criticism by 
legal experts and human rights observers of a lack of fairness in 
criminal trials involving ethnic minorities, international judges and 
prosecutors-rather than Kosovo Albanians-tried and prosecuted cases 
involving Kosovo Serbs.
    Kosovo's justice system and the ICTY continued to identify and 
punish perpetrators of war crimes from the 1998-99 conflict; however, 
many cases remained unresolved.
    On May 27, Pristina police arrested Gjelosh Krasniqi, one of four 
men implicated in the 1999 disappearance of police officer Mark Luli, 
and charged Krasniqi with war crimes, kidnapping, robbery, and murder. 
Prosecutors alleged that Krasniqi and three unknown armed suspects 
entered Luli's home dressed in German KFOR uniforms and ordered Luli to 
accompany them; Luli was never seen again. Krasniqi remained in custody 
awaiting trial at year's end.
    On October 10, an international prosecutor indicted Momcilo 
Jovanovic for war crimes in the Peje/Pec District Court. Jovanovic was 
charged with murder and other violations of the laws of war for 
incidents that took place in 1998 and 1999 in the village of Katundi i 
Ri/Vitomirca. Further court proceedings were pending at year's end.

    Political Prisoners and Detainees.--There were no reports that the 
Government, KFOR, or UNMIK held political prisoners or detainees during 
the year.

    Civil Judicial Procedures and Remedies.--According to a 2006 
Organization for Security and Cooperation in Europe (OSCE) report, 
interference by municipal authorities and the UNMIK Department of 
Justice hampered judicial independence in civil matters. The OSCE cited 
instances in which municipal authorities plainly obstructed court 
proceedings, pressured judges in cases to which authorities were party, 
and influenced third parties to prevent courts from exercising their 
authority. The OSCE also reported that the UNMIK Department of Justice 
instructed judges not to process claims for compensation for property 
damages caused by KFOR, UNMIK, or the municipalities. During the year 
the OSCE reported some progress in this area but not enough to reduce 
the backlog. The UNMIK Department of Justice claimed that it did not 
pursue such compensation claims because the logistical challenges they 
posed were insurmountable. It also claimed that an influx of property-
related claims would hinder the courts' work, increase their already 
large backlog of cases, and require special planning and coordination, 
since it would be necessary to provide security escorts to a large 
number of Kosovo Serb claimants. In July 2007 the OSCE reported that 
UNMIK and municipal authorities improperly interfered with judicial 
independence in the proposed sale of property in the Roma settlement in 
the Mitrovice/Mitrovica region.
    In November the Commission of the European Communities reported 
that the Kosovo judicial system remained weak at all levels. The 
Commission report cited the low public confidence in the justice system 
as well as the continuing existence of three parallel sources of 
legislation: ex-Yugoslav law, UNMIK regulations, and Kosovo law as 
particular problems. The Commission also noted that the backlog of 
court cases remained a serious problem.
    There were no reports of difficulty in enforcing court orders 
resulting from civil litigation. However, according to a 2006 survey, 
only 14 percent of the pending cases to affect a civil order resulted 
from civil litigation; 69 percent of such cases dealt with debt 
collection by utility companies.

    Property Restitution.--The Kosovo Property Agency (KPA) is 
responsible for the resolution of residential, commercial, and 
agricultural property claims arising from the Kosovo conflict.
    As of December the KPA administered 4,146 properties; 3,173 upon 
the request of a successful claimant, and 973 based on ex officio 
interventions by the Housing and Property Claims Commission (HPCC, the 
predecessor adjudication agency to the KPA). Of these cases, 135 were 
subjects of repossession requests. As of December, the agency had 
received 40,065 total claims: 35,955 for agricultural property, 1,011 
for commercial property, and 3,099 for residential property. Kosovo 
Serbs in the northern part of Mitrovice/Mitrovica continued to occupy 
Kosovo Albanian properties, while Kosovo Albanians in the southern part 
occupied and denied Kosovo Serbs access to their property.
    The KPA's mandate includes supervising the rental of specific, 
abandoned properties in Kosovo, most of which belonged to Kosovo Serbs. 
To that end, the agency managed a rental scheme for properties under 
its administration, enabling property holders to receive rental income. 
At year's end, a total of 897 properties were being rented, 158 of 
which were rented ex officio. The KPA collected 653,562 euros 
(approximately $892,852) in rent through this program.
    The KPA remained unable to enforce 10 remaining HPCC decisions (of 
approximately 30,000 total) for properties located in northern 
Mitrovice/Mitrovica, due to concern by authorities that attempts at 
enforcement would lead to violence. Similar difficulties hindered 
enforcement of the rental scheme in the north Mitrovice/Mitrovica.
    On May 15, the SRSG reconstituted the HPCC under the KPA to examine 
requests for reconsideration in instances where the original claim had 
been denied. The HPCC resolved 12 requests for reconsideration 
originating from the old HPD mandate in its June and August meetings. 
Additionally, the Kosovo Property Claims Commission, a quasi-judicial 
arm of the KPA acting under the KPA mandate, resolved 14,088 claims by 
the end of August.
    In June the law was amended to bring the KPA under the control of 
the Government; the Serbian government subsequently suspended the KPA's 
access to cadastral and other relevant property records located in 
Serbia. The Serbian government announced that the suspension would 
continue until UNMIK reasserted its authority over the KPA. The 
suspension of the KPA's operations in Serbia significantly reduced the 
agency's ability to fulfill its mandate, since 90 percent of the 
claimants were located outside of the country. The suspension prevented 
access to the relevant archives and caused delays in claims 
adjudication.
    The backlog of property-related claims in municipal courts remained 
high, with some 21,000 outstanding at year's end, representing almost 
exclusively monetary claims by Kosovo Serbs for war-related damage.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government, UNMIK, and KFOR generally respected these prohibitions 
in practice. KFOR forces assisted UNMIK civilian police and the KPS in 
conducting searches for high-risk suspects and independently searched 
private property for weapons without court orders, based on UNSC 
Resolution 1244's peacekeeping authority.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government and UNMIK 
generally respected these rights in practice. However, there were 
reports of intimidation of reporters, including by officials in the 
public sector and government and by politicians and businesses. The 
media also encountered difficulties and obstructions in obtaining 
information from the Government and public institutions. The law on 
broadcast media prohibits hate speech and speech that incites ethnic 
violence.
    Individuals generally could criticize authorities publicly or 
privately without reprisal.
    According to the Association of Professional Journalists of Kosovo, 
media outlets' financial difficulties left their editorial independence 
and journalistic professionalism vulnerable to outside influence and 
pressure. Some newspapers were financially self-sufficient or operated 
through aid donations and thus were able to develop editorial policies 
independent of business and political interests. However, other 
newspapers relied on funding from businesses and political interest 
groups, who provided financial support in exchange for positive 
coverage. During the year there were no reports that the Government or 
UNMIK pressured or influenced the independent print media.
    Print media were self-regulated by a press code of conduct adopted 
by the Press Council of Kosovo, an organization composed of print 
editors and publishers. The council's complaint board may impose fines 
for breaches of the code of conduct, including penalties of up to 2,000 
euros ($2,600) for serious violations, such as hate speech and 
defamation.
    During the year the country had 113 licensed broadcasters (45 of 
which broadcast in minority languages), and these broadcasters 
expressed a wide variety of views. Of the 68 broadcasters whose primary 
language was Albanian, the three public television stations of the 
government-funded RTK group (TV, Radio Kosova, and Radio Blue Sky), 
also broadcast daily in minority languages.
    Journalists reported pressure from politicians and organized crime, 
which frequently resulted in indirect forms of censorship. Some 
journalists refrained from critical investigative reporting out of fear 
for their personal security. Journalists were occasionally offered 
financial benefits in exchange for positive reporting or for abandoning 
an investigation; some were verbally threatened by government officials 
and suspected criminals for perceived negative reporting on them. 
According to editors, government agencies withdrew regular advertising 
from newspapers that had published critical coverage of them.
    The Assembly directly oversaw Radio Television Kosovo (RTK), the 
country's public broadcaster, and the Ministry of Finance controlled 
its budget. The law provides for regulation of RTK program content and 
requires that at least 15 percent of RTK program time, including prime 
time, be dedicated to minority communities in their respective 
languages on a proportional basis.
    The Independent Media Commission implemented regulations and 
enforced codes of conduct governing broadcast media. The commission is 
a permanent body overseen by a seven-member governing council that 
includes two international members.
    On May 14, the Independent Media Commission Council expressed 
concern over a request from the prime minister's office to national 
broadcasters, asking them to broadcast and rebroadcast an April 16 
speech, at specific times and in a coordinated manner. The council 
noted that the tone of the request, with explicit instructions, could 
only be interpreted as pressure by the Government on independent media.
    Following public criticism, the newspaper Infopress stopped 
publishing lists of Kosovo Serbs drafted into the Yugoslav Army during 
the 1998-99 conflict.
    Unlike in previous years, there were no altercations reported 
between journalists and police. However, during the year the 
Association of Professional Journalists of Kosovo reported 13 instances 
of press freedom abuses. Those included verbal threats to journalists 
and their agencies by subjects affected by negative media coverage, and 
pressure not to publish certain materials and articles.
    During the year there were several incidents of violence or 
harassment directed at the media.
    On January 6, a group of over 20 Kosovo Serb men attacked a four 
person KTV crew filming the celebration of Orthodox Christmas near the 
Kosovo Serb enclave of Gracanice/Gracanica. The attack took place when 
the group learned that crew members were Kosovo Albanians. The group 
obstructed the cameraman while he was filming and punched him twice in 
the head. Police intervened on behalf of the crew and escorted them out 
of the village. The case was referred to the police, but there were no 
further developments in the matter.
    On February 21, a locally hired cameraman of the Tirana-based Top 
Channel TV was attacked while filming an anti-independence protest in 
north Mitrovice/Mitrovica. A group of protestors, led by a masked man, 
approached the cameraman, beat him, and destroyed his camera within 
view of KPS and UNMIK police. Following the incident, a KPS 
spokesperson told reporters that he regretted the assault on the 
cameraman, adding that he urged the reporters and the cameraman to stay 
away from the crowd. The case was reported to the police but no arrests 
followed.
    On June 6, crew members from the Balkan Investigative Reporting 
Network (BIRN) were intimidated and assaulted by security personnel at 
the KJC building. The television crew was preparing a story on local 
courts' unpaid electricity bills when a KJC security guard twisted the 
cameraman's hand, damaging the camera, and detained the cameraman for 
an hour inside the building. The guard accused the crew of attempting 
to secretly film the building. There were no further developments in 
this case by year's end.
    There were no developments in the following 2007 cases: the March 
2007 assault on Lajm reporter Enis Veliu; and the September arson at 
the home of journalist Milaim Zeka, who had written reports about 
controversial cases, including high-profile killings and corruption.

    Internet Freedom.--There were no government, UNMIK, or KFOR 
restrictions on access to the Internet or reports that the Government 
monitored e-mail or Internet chat rooms. Individuals and groups could 
engage in the peaceful expression of views via the Internet, including 
by e-mail. In September the Telecommunications Regulatory Authority 
reported that approximately 23 percent of citizens used the Internet 
daily.

    Academic Freedom and Cultural Events.--There were no government, 
UNMIK, or KFOR restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and the Government, UNMIK, and KFOR generally respected this right in 
practice. An UNMIK regulation required that demonstration organizers 
give 48 hours advance notice for police coordination.
    On February 19, ethnic Serb protestors from Kosovo and Serbia 
attacked the Gate 1 and Gate 31 border crossings between Kosovo and 
Serbia to protest the independence declaration. After the protestors 
departed, KFOR units regained control of the gates and closed them to 
border crossings for 24 hours. On February 20, authorities reopened the 
gates without the presence of customs officers, but with UNMIK, KFOR, 
and the KPS present. By year's end EULEX customs officers had begun 
performing limited customs duties at those sites.
    On February 22 a group of Kosovo Serbs in northern Mitrovice/
Mitrovica protested the country's independence declaration and the 
EULEX mission by throwing fireworks and rocks towards police officers 
deployed on the northern side of the Iber/Ibar Bridge. The crowd 
dispersed after two hours of protests.
    On February 25 Serbian Army reservists protesting Kosovo 
independence injured 19 KPS members by throwing rocks at them at the 
Gate 4 border crossing between Kosovo and Serbia. Police reopened the 
crossing the following day.
    The KPS used force on a few occasions to disperse demonstrations 
and beat demonstrators while making arrests.
    On March 14, Kosovo Serb protesters stormed the district and 
municipal court in north Mitrovice/Mitrovica, forcing their way past 45 
police officers in riot gear. On March 17, UNMIK police, supported by 
KFOR, retook the courthouse using tear gas and rubber bullets. During 
the operation, 47 UNMIK personnel were injured, and Ihor Kynal, a 
Ukrainian international police officer, was killed by a hand grenade 
thrown by an unidentified protester. During the melee, two Kosovo Serb 
KPS officers who were participating in the protest were injured.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government, UNMIK, and KFOR generally 
respected this right in practice.
    The OSCE Mission in Kosovo routinely registered political parties 
under UNMIK auspices, and the Ministry of Public Services registered 
NGOs. Following independence, this authority transferred to the Central 
Election Commission.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government and UNMIK generally respected 
this right in practice. The constitution incorporates international 
human rights conventions and includes provisions that protect religious 
freedom and prohibit religion-based discrimination.
    There are no specific licensing regulations for religious groups; 
however, religious organizations must register as NGOs with UNMIK and 
the Ministry of Public Services in order to purchase property or 
receive funding from UNMIK or other international organizations. 
Religious groups complained that NGO status did not adequately reflect 
their religious character, and the Protestant Evangelical Church 
refused to register as an NGO.
    At a June 5 meeting, the Decan/Decani municipal assembly 
unanimously rejected an SRSG decision which maintained the monastery's 
ownership over disputed property in the area pending a court decision.
    Pursuant to a 2002 law requiring public education institutions to 
refrain from religious instruction or other activities promoting any 
specific religion, the Ministry of Education prohibited the wearing of 
headscarves. The ministry continued to enforce this prohibition, 
particularly at schools with obligatory uniforms, despite a 2004 
opinion by the ombudsman that the rule should apply only to teachers 
and school officials, not students.
    On February 26, the ombudsman received a complaint from a student 
in a secondary school in Viti/Vitina municipality that she was ordered 
by her principal not to attend school with her headscarf. The ombudsman 
requested that the Education Ministry allow her to attend with a 
headscarf, and on September 1, the student resumed attending classes 
while wearing her headscarf. During the year two women also complained 
to the ombudsman that they applied for teaching positions in two 
separate secondary schools but were not hired because they wore 
headscarves. In both cases the ombudsman advised the complainants to 
pursue their cases in court.
    Protestant groups continued to report that they experienced 
discrimination in media access, particularly by public television 
station RTK. The Protestant Evangelical Church in Kosovo, known as the 
Fellowship of the Lord's People, reported in 2006 that Decan/Decani 
municipality, citing negative reaction from local citizens, denied it 
permission to build a church facility on land the church purchased 
previously. The case remained pending before the Supreme Court at 
year's end.
    While several Protestant churches were burglarized during the 
reporting period, community leaders did not consider these incidents to 
be motivated by religious discrimination. However, individual 
Protestants alleged verbal discrimination directed against them.
    The Islamic community continued to assert that UNMIK's denial of a 
radio frequency for an Islamic radio station and the national library's 
closure of its prayer room constituted violations of religious freedom.

    Societal Abuses and Discrimination.--Societal violence decreased 
marginally, but tensions between ethnic communities remained high, 
especially following the February 17 declaration of independence.
    Security concerns continued to affect the Kosovo Serb community and 
its freedom to worship. Some Kosovo Serbs asserted that they were 
unable to travel freely to practice their faith.
    Unlike in previous years, there were no reported incidents of rock 
throwing and other assaults against Serbian Orthodox clergy traveling 
outside of their monasteries. However, pilgrims traveling by bus from 
Serbia to attend services at Decan/Decani Monastery often had rocks 
thrown at their vehicles, usually by children. In the western 
municipalities of Peje/Pec, Decan/Decani, Gjakove/Djakovica, Istog/
Istok, Kline/Klina, Skenderaj/Srbica, and south Mitrovice/Mitrovica, 
clergy requested and received KFOR vehicle escorts. Clergy stated that 
they could not visit church members in the west (where the most 
important Serbian Orthodox holy sites were located) without an escort, 
and members cited threats to their security as impediments to their 
ability to visit holy sites. Monks and nuns at some monasteries 
reportedly did not use parts of monastery property-often land outside 
the monastery walls-due to safety concerns.
    During the year, prosecutors decided to pursue charges against a 
Kosovo Albanian man from Zvecan municipality who threatened a Serbian 
Orthodox nun from the Sokolica monastery in July 2007. A trial was 
pending at year's end.
    There were no further developments in a 2006 case in which unknown 
attackers shot at a car driven by Serbian Orthodox priest Srjdan 
Stankovic in Zvecan municipality. UNMIK charged a Kosovo Serb police 
officer in connection with the incident. The case was turned over to an 
international prosecutor.
    During the year there were numerous cases of vandalism and theft 
directed against Serbian Orthodox Church property. Many cases involved 
theft of objects made of precious metals, while others involved 
vandalism, often of newly reconstructed churches.
    Early in the year, the KPS adopted new operating procedures to 
provide greater protection for Serbian Orthodox religious and cultural 
sites. As part of this effort, the Government approved 50,000 euros 
($65,000) to fund the expansion and enhancement of KPS protection, 
including private security guards, cameras, and lighting at the most 
vulnerable sites.
    On February 25, Jeton Mulaj, suspected of firing a rocket-propelled 
grenade at Decan/Decani Monastery in March 2007, surrendered 
voluntarily to the police. The special prosecutor indicted him on March 
19; on September 18 the Peje/Pec District Court convicted Mulaj of 
charges including unlawful weapons possession and damaging a protected 
monument. The court sentenced Mulaj to three-and-a-half years in 
prison.
    On March 1, four unknown individuals stole the bell from the 
Serbian Orthodox church in Novake, Prizren. KPS subsequently found the 
bell in a forest a few hundred yards from the church. Police made no 
arrests, and an investigation continued at year's end.
    On June 5 in Kacanik, Ferizaj/Urosevac, KFOR reported to the police 
that unknown persons had damaged the entrance door of the church in 
Kacanik/Kacanik; an investigation continued at year's end.
    There were no further developments in the February 2007 incident in 
which unknown perpetrators damaged the interior of the Orthodox Church 
in Mire/Lepi village and stole approximately 30,000 Serbian dinars 
($560) or the March 2007 case in which unknown persons vandalized the 
Church of St. John in Peje/Pec.
    The Serbian Orthodox church expressed concern about the status of 
the green space of the main park of Gjakove/Djakovica, a part of the 
park the church considers its property. At year's end, discussions were 
underway between the various stakeholders involved to resolve this 
issue.
    The government-funded Reconstruction Implementation Commission 
(RIC) completed extensive renovations on 19 of 34 Serbian Orthodox 
religious sites damaged during the March 2004 riots. This work included 
additional construction at several previously identified sites as well 
as some new sites, including the Church of St. Andrew at Podujeve/
Podujevo and the Church of Saints Peter and Paul in Istog/Istok. During 
the year progress on RIC projects was delayed for reasons related to 
Kosovo's declaration of independence. Nevertheless, on September 16, 
the Serbian Orthodox Church accepted the keys to two reconstructed 
church properties in Prizren, the diocesan bishop's residence and the 
Orthodox seminary.
    During the year Kosovo Muslims reported numerous incidents directed 
against their community, including theft, vandalism, and threats. For 
example, on April 22, KPS officers on a routine patrol in Gjilan/
Gnjilane discovered that an estimated 30 Muslim gravestones in a local 
cemetery had been damaged. On June 17 police arrested two suspects. The 
case was forwarded to the prosecutor's office.
    On June 26, Kosovo Serbs and Roma clashed with Kosovo Albanians in 
the village of Berivojce/Berivojce, Kamenice/Kamenica municipality 
where work on building of a mosque was expected to start. The proposed 
mosque building site was located in the Serb part of the ethnically-
mixed village, and the Serb community had traditionally used the land 
for gatherings. The proposed construction did not adhere to legal 
procedures designed to ensure community consent for construction on 
land where that community lives.
    There were no reports of anti-Semitic acts. Approximately 40 
individuals from two families in Prizren had some Jewish roots, but 
there were neither synagogues nor Jewish institutions in the country 
other than a small cemetery in Pristina.
    There were no developments in the August 2007 case in which 14 
Jewish gravestones were deliberately damaged.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government and UNMIK generally respected these 
rights; however, interethnic tensions and real and perceived security 
concerns restricted freedom of movement in practice. During the year 
the Government, UNMIK, and KFOR generally maintained the protection of 
these rights for minority communities as compared to the previous year. 
The Government cooperated with the Office of the UN High Commissioner 
for Refugees (UNHCR) and other humanitarian organizations in providing 
protection and assistance to internally displaced persons, refugees, 
returning refugees, asylum seekers, stateless persons, and other 
persons of concern.
    Police continued to assess the security situation as stable but 
fragile. No crimes related to freedom of movement were reported to 
police. Nevertheless, members of all ethnic communities continued to 
remain largely within or travel between areas where their group 
comprised the majority. Rock-throwing and other forms of intimidation 
continued to affect Kosovo Serbs when traveling outside Kosovo Serb 
majority areas.
    There were attacks during the year on vehicles carrying Serbs and 
other ethnic minorities. For example, on January 25, the KPS reported 
that Kosovo Albanian youths threw stones at a car driven by a Kosovo 
Serb living in Gjilan/Gnjilane. The suspects escaped from the scene. On 
February 1, masked, armed men stopped a bus that routinely carries 
Kosovo Serbs to Serbia near Podujeve/Podujevo and demanded 20,000 euros 
($26,000). The suspects also took the keys of the bus. Police 
subsequently arrested a Kosovo Albanian man. A police investigation 
continued at year's end. On July 5, the KPS reported that five or six 
Kosovo Albanian youths in Suhodoll/Suvi Dol village in Mitrovice/
Mitrovica threw stones at a vehicle operated by a Kosovo Serb. The KPS 
reported that police issued a warning to the juveniles' parents.
    There were no developments in the October 2007 case in which a bus 
carrying a group of ethnic Serbs from Kosovo and Serbia was stoned on 
the way to the Decan/Decani Monastery.
    There were no developments in the November 2007 case in which 
unknown persons threw stones at a bus carrying 30 professors and 
students from the Warsaw Theological Seminary to Zocishte/Zociste 
Monastery while the bus was parked in the middle of a majority Kosovo 
Albanian village.
    Sporadic incidents of violence and intimidation targeting 
minorities continued to limit freedom of movement for Kosovo Albanians 
in northern Kosovo. The Government and UNMIK enhanced efforts to 
facilitate minority travel, but real and perceived risks deterred many 
minorities from traveling outside their neighborhoods, especially after 
the country declared independence.
    On February 28, Kosovo Albanian residents of villages in Leposaviq/
Leposavic sent a letter to domestic and international authorities 
requesting police escort for their minibus when transporting residents 
of these villages to and from Mitrovice/Mitrovica. The residents said 
they did not feel safe travelling outside of their villages through 
Serb-majority areas without police protection.
    During the year UNMIK discontinued a program that had previously 
offered no-fee Kosovo license plates to Kosovo Serbs who had already 
registered their vehicles in Serbia. In practice, Serbs traveling north 
of the Iber/Ibar River into north Mitrovice/Mitrovica generally removed 
their Kosovo license plates and drove without license plates in 
northern areas of the country. Persons travelling into Serbia removed 
their Kosovo license plates at the Serbian border, and border police 
issued them temporary Serbian license plates.
    During the year there were incidents targeting infrastructure used 
by minorities. For example, on March 6 Kosovo Serbs reported to police 
in Gjilan/Gnjilane that unknown suspects had demolished and then stolen 
parts of a metallic pedestrian bridge in a Serb village. Police 
identified four Kosovo Albanian suspects and arrested three of them. An 
investigation continued at year's end. On June 26, a pedestrian 
discovered unexploded ordnance along the railway in Old Kacanik Village 
in Ferizaj/Urosevac. On July 7, a passerby discovered an explosive 
device under a railway bridge in Mitrovice/Mitrovica.
    There were no developments in the following 2007 cases: the March 
discovery by hunters of an unexploded grenade near a transmitter in 
Mitrovice/Mitrovica; the April discovery of an explosive device on a 
bridge in Gjilan/Gnjilane; and the April discovery of unexploded 
ordnance under a bridge in Vrbovc/Vrbovac village in Gjilan/Gnjilane. 
There were also no developments in the 2007 incidents in Leposaviq/
Leposavic municipality in which explosive devices were placed along the 
road leading to the ethnic Albanian villages of Koshtove/Kostova, 
Bistrice/Bistrica, and Ceraje/Ceraja.
    On March 3, the Serbian news agency RTS reported that Serbian 
Railways took control of the railroad infrastructure in northern Kosovo 
after nine years of UNMIK management. Branislav Ristivojevic, the 
president of the board of Serbian Railways, stated the move would 
provide higher quality transportation than UNMIK Railways had offered, 
adding that once the railway met the Serbian Railway standards, service 
would resume. The same day, Kosovo Serbs in Leshak/Lesake blocked the 
movement of the train to protest the country's independence. On March 
4, KFOR stopped the train from running to Leshak/Lesake from Fushe 
Kosove/Kosovo Polje. Rail service had not been restored by year's end.
    The Government regulated movement in and out of Kosovo. The law 
provides that the central civil registry may issue travel documents to 
any person registered as a habitual resident of Kosovo, and the 
registry routinely issued such documents in practice. On July 23, UNMIK 
confirmed that it would no longer issue UNMIK travel documents to 
Kosovo citizens. The Government began issuing Kosovo passports on July 
30.
    The law prohibits forced exile, and authorities did not use it.

    Internally Displaced Persons (IDPs).--According to the UNHCR, 
205,855 persons from Kosovo remained displaced in Serbia and 16,077 in 
Montenegro as a consequence of the 1998-99 conflict. Of the 4,100 
persons displaced by riots in 2004, approximately 1,200 remained IDPs. 
There were 19,978 persons displaced within Kosovo, 52 percent of whom 
were Kosovo Serbs and 38 percent were Kosovo Albanians.
    Due to the country's declaration of independence, relatively few 
persons returned during the year. Between January and November, UNHCR 
registered only 533 returnees, considerably fewer than the 1,815 who 
returned in 2007 or the 1,669 who returned in 2006. The greatest number 
of returnees came from Serbia (323 returnees), followed by Montenegro 
(85) and Macedonia (36), with 15 returnees from all other countries. 
Seventy-four persons returned from displacement inside Kosovo. Most 
returns were concentrated in Peje/Pec and Pristina regions. While 
municipal governments generally supported returns, obstacles remained 
for Kosovo Serb returnees.
    As of November, overall minority returns since 2000 stood at 18,527 
persons. Kosovo Serbs comprised approximately 28 percent of returnees 
during the year, compared with 32 percent in 2007. Roma (including 
Ashkali and Egyptians) continued to return, comprising 48 percent of 
the overall number of returns compared to 49 percent in 2007. In 
Mitrovice/Mitrovica, Kosovo Serbs in the north and Kosovo Albanians in 
the south continued to illegally occupy each others' properties, 
hindering potential returns.
    As of August, 37 Roma families (144 persons) remained at the lead-
polluted Cesmin Lug camp for IDPs. Osterode, a medical treatment 
facility also in north Mitrovice/Mitrovica, housed 98 families (395 
persons) who were relocated from Cesmin Lug and two other polluted 
camps in 2006.
    UNMIK continued to make slow progress rebuilding the original Roma 
settlement in south Mitrovice/Mitrovica destroyed in 1999 by Kosovo 
Albanians. Displaced persons began returning to the neighborhood in 
2006; by the end of 2007, 368 inhabitants-307 Roma, 59 Ashkali, and two 
Serbs-had returned.

    Protection of Refugees.--The law provides for the granting of 
asylum and refugee status in accordance with the 1951 Convention 
relating to the Status of Refugees or its 1967 protocol. The asylum law 
entered into effect on June 15; however, regulations to implement this 
law had not been adopted by year's end. During the year UNHCR assisted 
the newly-formed Department of Borders, Asylum, and Migration in 
building its capacity to adjudicate claims, to provide training to 
border police to help identify and process individuals in need of 
protection at ports of entry, and to prevent refoulement.
    In practice the Government and UNMIK provided protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
Section 3. Respect for Political Rights: the Right of Citizens to 
        Change Their Government
    The constitution and law provide residents 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.
    The country declared independence on February 17. Over the course 
of the year, local authorities gradually assumed authority and 
responsibilities in most areas of governance. The law provides for a 
120-member Assembly, which has the authority to select a president, a 
prime minister, and other ministers and government officials.

    Elections and Political Participation.--International and domestic 
observers determined that the November 2007 Kosovo Assembly elections 
generally reflected the will of the voters, although few Kosovo Serbs 
participated, largely due to Serbian government pressure to boycott. No 
significant irregularities were reported. Kosovo had a multiparty 
system dominated by five Kosovo Albanian parties with several minority 
parties and coalitions.
    The law provides that individuals may nominate themselves as 
candidates to their parties, which must hold open and transparent 
internal elections to select candidate lists. Party affiliation played 
an important role in access to government services and social and 
employment opportunities. Traditional social arrangements and clan 
loyalties also played an important, although unofficial, role in 
political organizations.
    There were 38 women in the 120-seat Assembly. The law requires that 
women occupy every third spot on each political party's candidate list. 
There were no women on the eight-member Assembly presidency and only 
two female ministers and three female deputy ministers. Women 
represented 31.6 percent of the elected municipal representatives.
    Following the November 2007 elections, there were 24 ethnic 
minority members in the 120-seat Assembly, including 10 Kosovo Serbs 
and 14 members of other groups, including ethnic Turks, Bosniaks, 
Gorani, Roma, Ashkali, and Egyptians. There were three minority 
government ministers-two Kosovo Serbs and one Kosovo Bosniak-and two 
Serb and two Bosniak deputy ministers. One Kosovo Bosniak; one Kosovo 
Turk; and a representative of the Roma, Ashkali, and Egyptian 
communities held a rotating seat on the Assembly presidency. Kosovo 
Serbs from several political parties won the 10 set-aside Assembly 
seats in the 2007 election. Before that election, the holders of those 
seats did not claim their set-aside cabinet posts and continued to 
boycott Assembly votes, although they did participate in committees. A 
Kosovo Serb led the Ministry of Returns. The constitution requires that 
the Assembly reserve 10 seats for Kosovo Serbs and 10 for members of 
other ethnic groups, but ethnic minorities were underrepresented at the 
municipal level where there were no similar quotas.
    The overall electoral system did not change significantly compared 
to the one in place during UNMIK's tenure. On June 5, the Assembly 
passed an election law, which the president signed on June 15. The new 
law provides that the country is a single, multi-member electoral 
district; elections will be held with open lists according to a 
proportional-majority system; a quota system ensures adequate 
representation for women and minorities in the Assembly; and parties 
must overcome a five percent threshold to enter the Assembly.
    On May 11, Kosovo Serbs held elections in enclaves and in Kosovo 
Serb-majority municipalities to establish parallel municipal 
governments, and began to establish these parallel authorities in June. 
On April 9, UNMIK stated that organizing elections for these parallel 
structures was a violation of UNSC Resolution 1244. On May 14, UNMIK 
declared that the parallel municipal structures arising from these 
elections were illegitimate, and that UNMIK would not cooperate with 
them. The Government also declared that parallel institutions to be 
illegal and invalid.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials sometimes engaged in 
corrupt practices with impunity.
    There was widespread public perception of corruption in both the 
Government and UNMIK. International organizations and NGOs continued to 
report that corruption was a serious problem. A lack of effective 
judicial oversight and general weakness in the rule of law contributed 
to corruption in the Government. Despite its diminishing mandate, UNMIK 
continued to adjudicate many sensitive cases related to corruption and 
interethnic crimes.
    In its November report, the Commission of the European Communities 
noted that corruption was widespread and remained a major problem in 
the country. The report contended that the existing institutional 
legislative framework addressing corruption was unclear and recommended 
the adoption of more anticorruption legislation as well as improved 
enforcement. The Commission also noted that the weak judicial system 
inhibited progress in combating corruption.
    The Office of the Auditor General, an independent body, reviewed 
fiscal management and accountability in the central government, 
municipal authorities, and publicly owned enterprises. During the year 
the office audited every ministry, the president's office, and the 
Assembly. Most reports were critical of government administrative, 
fiscal management, and procurement practices.
    The Government took steps to combat corruption. Beginning March 26, 
the law required government officials to disclose all gifts they 
receive. On March 11, the Kosovo Anticorruption Agency (KAA) announced 
that it had received 61 reports of corruption in 2007, and that 
corruption in 2007 was estimated to have cost the Government 31 million 
euros (approximately $40 million). On July 17, the KAA estimated that 
corruption had cost the Government 6 million euros ($7.8 million) 
during the first half of the year.
    On January 8, KosovaLive reported that internal auditors of 
ministries, municipalities, and agencies of Kosovo requested that 
Kosovo institutions implement the 2006 law on internal auditing. The 
Head of the Auditing Office in the Ministry of Trade and Industry 
(MTI), Adem Zogiani, said that the Auditing Office was prevented from 
implementing the law since June 2007.
    On June 3, the Peje/Pec prosecutor's office announced charges 
against six former international UNMIK officials and one local citizen 
on suspicion of misusing 230,000 euros ($300,000) dedicated for 
humanitarian projects.
    On June 26, police arrested Judge Elez Hoxha of the Pristina 
District Court on suspicion of bribery, following a 4-month 
investigation. At year's end Hoxha remained under house arrest, 
awaiting further court proceedings.
    On August 7, the Ministry for Communities and Returns indefinitely 
suspended Emilija Rexhepi from her post as director of the Department 
of Administration due to conflicts of interest. Using another name, 
Rexhepi allegedly ensured a tender from the ministry worth 
approximately 90,000 euros ($117,000) was awarded to the NGO Equality 
which she previously directed. Police has not opened an investigation 
by year's end.
    The Peje/Pec prosecutor's investigation into the conduct of 11 
international and eight local employees of Radoniqi Hydro-System in its 
dealings with the Kosovo Electric Company continued during the year. On 
August 15, the Peje/Pec District Court authorized a six-month extension 
in the investigation.
    On January 22, the Pristina District Court convicted Sanije Gashi 
of misappropriating 43,387 euros ($59,233) in her capacity as the 
budget and finance manager of the Pristina Tax Administration. On May 
23, the Supreme Court heard Gashi's appeal and on June 23, reduced her 
term of imprisonment from four years to two and a half. The court also 
prohibited Gashi from serving in the Government for three years after 
her release, and ordered her to pay costs of the criminal proceedings 
and reimburse the 43,387 euros ($59,233) to the Kosovo Tax 
Administration.
    There were no further developments in the investigation of the 2006 
assault on the independent international auditor general, which took 
place after his office released a critical report on Pristina 
municipality.
    The 2006 audit ordered by Assembly leader Kole Berisha to 
investigate the tenure of his predecessor, Nexhat Daci, uncovered 
serious mismanagement, misuse of public funds, and procurement 
irregularities. In December 2007 the Pristina District Court indicted 
Daci on three counts of embezzlement. On March 21, an international 
judge confirmed the indictment, and Daci awaited trial at year's end.
    There were also developments in the case of Ahmet Alishani, Daci's 
senior advisor, arrested in 2006 on suspicion of fraud and bribery. On 
March 21, Alishani was indicted on charges of fraud and bribery, and 
entered a plea of not guilty. He was released pending trial, which had 
not begun by year's end.
    On April 14, the trial of Leme Xhema, former Director of the Post 
and Telecommunications of Kosovo (PTK); Roger Reynolds, former 
divisional manager at Kosovo Trust Agency; Mustafa Neziri, former 
director of Norway Invest; Ronnen Sorensen, former managing director 
and chairman of Norway Invest, and Ove Johansen commenced in Pristina 
before international judges. The defendants were charged in connection 
with the alleged misuse of 300,000 euros ($390,000). Johansen, who was 
arrested on April 5 in Montenegro, allegedly arranged the fraudulent 
transfer of these funds from PTK to a phantom company headquartered in 
Norway.
    There were developments in the case of Sabajdin Llonqari and Fitim 
Maksutaj, two former finance officers at Dubrave/Dubrava Prison, who 
were arrested in 2006 for abusing their official position and 
falsifying documents. On August 19, the Supreme Court confirmed the 
judgment by the Peje/Pec District Court prohibiting the defendants from 
entering or approaching the Dubrave/Dubrava Detention Center, or in any 
way contacting various witnesses and prison finance office employees 
until August 29.
    The law provides for access to official government documents but 
does not include penalties for failure to comply; in practice 
ministries rarely granted access during the year. There is no law that 
provides public access to official UNMIK documents and in practice, 
members of the public were unable to access these documents.
    During the year the media complained regularly about lack of access 
to official documents. Journalists also criticized the 15-day window 
for compliance, which effectively meant that journalists could never 
obtain official documents in time to meet their own publishing 
deadlines. On May 14, the NGO IREX reported that during the year only 
14.7 percent of journalists' requests for information were honored, 
even fewer than the 24.5 percent honored the previous year. IREX 
reported that the majority of institutions either did not understand 
their legal obligations or simply ignored them.
    In August 2007 the Association of Professional Journalists of 
Kosovo reported that a survey measuring the responsiveness of 
government and public institutions to media requests for official 
documents indicated that only 23 percent of requests were successfully 
completed. The survey also indicated that none of the institutions 
approached by journalists provided the petitioner with a register of 
available documents.
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, UNMIK, 
and KFOR were occasionally cooperative and responsive to their views.
    On March 29, unknown assailants in Mitrovice/Mitrovica threw a 
Molotov cocktail outside the headquarters of humanitarian organization 
Norewgian Church Aid, causing minor damage. A police investigation 
continued at year's end.
    An ombudsman was responsible for investigating allegations of 
government abuses of international human rights laws. Former deputy 
ombudsman Hilmi Jashari continued to serve as acting ombudsman during 
the year. While the ombudsman actively issued intervention letters, 
reports, and recommendations, his recommendations were not always 
followed by the Government, local courts, or the KPS. The ombudsman 
investigated cases concerning property rights, abuse of official 
authority, administrative acts or omissions by public authorities, lack 
of proper investigations into criminal acts, issues involving the 
length of court proceedings and the execution of court decisions, 
employment-related disputes, and impunity. In September, OSCE noted 
that although every ministry had established a human rights unit, 
approximately half of the units lacked qualified staff and sufficient 
budgets.
    In 2006 the ombudsman's mandate was changed to exclude UNMIK from 
its purview; a new Human Rights Advisory Panel within UNMIK was 
established in April 2007 and charged with UNMIK oversight. At year's 
end the Assembly had not yet appointed a new ombudsman, and an acting 
ombudsman remained in place.
    On July 21, the ombudsman reported that the courts and ministries 
were the most frequent violators of human rights in the country. The 
ombudsman also noted that recent reforms in the judiciary were 
insufficient, and the system still suffered from grave defects.
    The Government, UNMIK, and KFOR generally cooperated with ICTY. On 
April 4, ICTY acquitted former Prime Minister Ramush Haradinaj and 
codefendant Idriz Balaj of all charges stemming from the alleged 
murder, persecution, rape, and torture of Kosovo Serb civilians in 
1998. The court convicted codefendant Lahi Brahimaj of torture and 
mistreatment of prisoners and sentenced him to six years in prison.
    On April 28, ICTY commenced trial of Astrit Haraqija, the former 
minister of culture, youth, and sports; and Bajrush Morina, his 
political advisor. The two were charged with threatening a witness who 
planned to testify against Haradinaj. On December 17, the ICTY 
sentenced Haraqija to five months imprisonment and Morina to three 
months.
    On July 24, ICTY convicted journalist Baton Haxhiu of contempt for 
publishing the names of protected witnesses during the Haradinaj trial. 
The court fined Haxhiu 7,000 euros ($9,100).
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law specifically prohibits discrimination on the basis of race, 
gender, ethnic origin, disability, or language; however, violence and 
discrimination against women, persons with disabilities, and ethnic 
minorities persisted.

    Women.--The law criminalizes rape; however, spousal rape is not 
specifically addressed. Under the criminal code, rape is punishable by 
one to 10 years in prison; statutory rape (sexual intercourse with a 
child under 14) is punishable by five to 15 years in prison.
    Rape was significantly underreported due to the cultural stigma 
attached to victims and their families. According to the Ministry of 
Justice, victim advocates provided services to victims in approximately 
34 cases of rape from January to September. UNMIK police reported that, 
during the same time period, 35 people were arrested for rape and five 
were convicted.
    Domestic violence against women, including spousal abuse, remained 
a serious and persistent problem. The law prohibits domestic violence, 
and convictions carry prison terms of six months to five years. When 
victims did press charges, KPS domestic violence units conducted 
investigations and transferred cases to prosecutors. According to 
UNMIK, family loyalties, close-knit communities, and the backlog of 
cases in both civil and criminal courts added to the low rate of 
prosecution.
    As with rape, domestic violence remained a significant problem that 
was underreported. In July 2007 the OSCE issued a report on domestic 
violence that highlighted problems in the adjudication of domestic 
violence cases, including unlawful delays in reviewing applications for 
protection orders. The OSCE also expressed concern over appellate 
procedures in domestic violence cases; in some cases, courts unlawfully 
noted in their decisions that an appeal by the defendant would stay the 
execution of a protection order.
    The KPS reported that 21 domestic violence victims were housed in 
shelters between January 1 and June 30. The Center for Protection of 
Women and Children provided assistance to 63 victims of domestic and 
sexual violence between January and September 24. The Ministry of 
Justice Victim Advocate and Assistance Unit was involved in 646 
domestic violence cases between January and June. Convictions in such 
cases were rare, and sentences ranged from judicial reprimands to 
imprisonment. Traditional social attitudes towards women in the male-
dominated society contributed to the high level of domestic abuse and 
low number of reported cases.
    There were no governmental agencies dedicated solely to dealing 
with family violence. The Ministry of Labor and Social Welfare provided 
some financial support to NGOs running shelters for domestic violence 
victims, which also accommodated some trafficking victims. The ministry 
provided social services through social welfare centers. Several 
domestic and international NGOs pursued activities to assist women; 
however, they were constrained by a tradition of silence concerning 
domestic violence, sexual abuse, and rape.
    During the year a 24-hour anonymous hotline for reporting domestic 
abuse operated in Pristina, Gjilan/Gnjilane, Peje/Pec, Prizren, and 
Mitrovice/Mitrovica. The hotline provided assistance to 582 victims 
during the year; it received 446 calls related to domestic violence, 27 
to trafficking cases, 25 to child mistreatment, and 35 to sexual 
mistreatment. The hotline informed callers of their rights, available 
shelters, and related information.
    The KPS training school offered special courses on domestic 
violence and rape. There were no reports that the KPS responded 
inappropriately to rape or domestic abuse allegations.
    Although the law prohibits prostitution, it remained prevalent. 
During the year the UNMIK police prostitution investigation unit turned 
over its responsibilities to the KPS. UNMIK continued to monitor and 
mentor the KPS.
    There is no specific law against sexual harassment, which was a 
common problem. Women's rights organizations indicated that sexual 
harassment commonly occurred on the job, but went unreported due to 
fear of expulsion or physical retaliation. Public awareness of sexual 
harassment remained low, and few cases were reported.
    Women possess the same legal rights as men but traditionally have a 
lower 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 business, the KPS, or 
government. While the number of employed women continued to increase, 
female unemployment remained at around 80 percent, 25 to 30 percent 
higher than the rate for men. Women represented less than 30 percent of 
the Government workforce.
    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 the law makes no gender distinction in the right to 
inherit property, family property customarily passes only to men. 
Kosovo 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.

    Children.--While education is free and compulsory up to age 15, 
statistics from 2005, the most recent year for which data was 
available, indicated that only 77 percent of children between the ages 
of seven and 14 from non-Serb minority communities (Roma, Ashkali, 
Egyptian, Turkish, Bosniak, Gorani, and others) attended school. Girls 
from non-Serb minorities attended school at a rate of 69 percent. In 
contrast, 97.5 percent of Kosovo Albanian and 99 percent of Kosovo Serb 
children were enrolled in primary school. During the year the 
Government for the first time purchased books for pupils through the 
fifth grade. Less than 10 percent of children aged two to five attended 
preschool.
    The UN Children's Fund (UNICEF) reported that the lack of 
facilities for minority education in parts of Kosovo made it difficult 
for some IDPs to return to their homes.
    UNICEF estimated that less than 75 percent of children who 
completed compulsory basic education enrolled in secondary school and 
the continuation rate for Kosovo Albanian girls was less than 55 
percent. Among girls from non-Serb minority communities, only about 40 
percent enrolled in secondary schools.
    The law requires equal conditions for school children regardless of 
mother tongue and provides the right to native-language public 
education for minority students through secondary school. Schools 
teaching in Serbian, Bosnian, and Turkish operated during the year. 
Both Kosovo Serb and Kosovo Albanian children attended schools with 
inadequate facilities that lacked basic equipment. A few schools housed 
both Kosovo Serb and Kosovo Albanian pupils, who studied different 
curricula and rotated class schedules.
    Roma, Ashkali, and Egyptian children attended mixed schools with 
Kosovo Albanian children but reportedly faced intimidation and bullying 
in some majority Albanian areas. Romani children tended to be 
disadvantaged by poverty, leading many to start work both at home and 
in the streets at an early age to contribute to family income. Romani 
children were also disadvantaged by having to learn another language to 
attend school since many spoke Romani at home. Some Kosovo Bosniak 
children in predominantly Bosniak areas occasionally were able to 
obtain primary education in their language, but those outside such 
areas received instruction in Albanian.
    A 2006 study by UNICEF and the Ministry of Education on the 
prevalence of violence in schools found that violence against children 
was condoned. Corporal punishment was an accepted practice in homes and 
schools. Those who lived far from school reported they were afraid to 
travel the distance due to the threat of peer violence. Children 
reported that persons close to them were perpetrators of violence; that 
boys were at higher risk for physical violence and that girls were at 
higher risk of verbal abuse.
    Trafficking in children was a problem. On August 7, the OSCE 
Mission in Kosovo and the international NGO Terre des Hommes launched a 
public information campaign against child trafficking and begging.
    In response to this report, the Government created a ``safe and 
nonviolent schools'' project, which included the creation of a 
nationwide violence prevention network. Activities included the 
drafting of a national action plan to ensure a safe, non-violent and 
friendly environment in society and schools, and various awareness-
raising activities and workshops. On February 11, the Ministries of 
Education, Interior, Justice, and Labor and Social Welfare established 
a commission aimed at preventing violence in the schools.
    Orphans were housed in various residential placements including 
extended family care, foster care, and community-based homes. However, 
because domestic adoptions and foster family programs did not keep pace 
with the rate of abandonment, authorities sometimes housed infants and 
children in group homes with few caregivers. Children with disabilities 
were often hidden away without proper care, particularly in rural 
areas. On March 5, the Education Ministry began a three-month campaign 
to increase public awareness of school-aged children with disabilities 
and determine ways to improve their living conditions.
    During the year, the Ministry of Labor and Social Welfare operated 
32 social welfare centers that assisted 1,486 orphans and 1,585 
delinquent children. The ministry also managed foster homes and 
coordinated with NGOs to place children in temporary shelters. 
According to the ministry, during the year, a total of 79 children were 
living in foster homes and the government-funded community homes under 
24-hour care. Seven other children lived in the Pristina Clinical and 
University Hospital.
    There were 19 abandoned children with disabilities, ranging in age 
from three to 18 years, living in two government-funded community homes 
under 24-hour care.
    There was anecdotal evidence of child marriage, particularly in the 
Roma, Ashkali, Egyptian, and Kosovo Albanian communities. The 
Government and NGOs did not compile statistics, so the extent of the 
problem was unclear.

    Trafficking in Persons.--The constitution and law prohibit all 
forms of trafficking in persons; however, there were reports that 
persons were trafficked to, from, through, and within the country. 
Trafficking of women and children remained a serious problem, although 
a lack of statistics made it difficult to estimate the magnitude of 
trafficking in children.
    The country was a source, transit, and destination point for 
trafficked persons, and internal trafficking was a growing problem. 
Victims were women and children trafficked internally or from Eastern 
Europe and other Balkan countries into Kosovo, primarily for commercial 
sexual exploitation but also for domestic servitude or forced labor in 
bars and restaurants. Victims were also trafficked through the country 
to Albania, Macedonia, Montenegro, and countries in Western Europe.
    According to the KPS and the IOM, trafficking in persons was an 
increasing problem. Although IOM and KPS numbers differed slightly, 
both organizations' statistics indicated that roughly 60 percent of 
trafficking victims were internally trafficked, with the remaining 
victims originating in Moldova (approximately 20 percent), Albania (10 
percent), and Bulgaria and Serbia (5 percent each). Estimates of the 
total number of trafficking cases during the year ranged from 20 to 27.
    Since 1999, of the foreign victims IOM assisted, over 50 percent 
were from Moldova, 19 percent were from Romania, 13 percent were from 
Ukraine, and the rest from Bulgaria, Albania, Russia, Serbia, 
Montenegro, Slovakia, and Nigeria. The majority of these victims were 
women between the ages of 18 and 25. IOM figures indicated that over 82 
percent of Kosovo victims were internally trafficked, while 7 percent 
were trafficked to Macedonia, 3 percent each to Albania and Italy, and 
less than 1 percent to the United Kingdom, Switzerland, Germany, 
Belgium, and Montenegro.
    The overall number of trafficking cases involving minors decreased 
from 2007. During the year, the IOM assisted one foreign minor victim, 
and five internally trafficked minor victims. The KPS reported four 
trafficking victims were minors, all from Kosovo. Children and young 
girls from backgrounds with a high level of poverty, unemployment, 
family abuse, and illiteracy were particularly at risk of being 
trafficked. The IOM reported that 11 percent of local victims were not 
enrolled in school; 34 percent had only finished primary school (fifth 
grade); 44 percent had finished elementary school (ninth grade); 11 
percent had completed secondary education (high school); and fewer than 
1 percent had attended university.
    The KPS reported great difficulty in identifying trafficking 
victims due to their reluctance to come forward and report the crimes 
to the police. Cultural taboos and the threat of social discrimination 
caused most internally trafficked victims to remain silent about their 
experiences. Another continuing difficulty was the inability of the KPS 
to recruit Kosovo Serb officers for the antitrafficking unit, which 
prevented undercover operations from taking place in northern Kosovo 
and in Kosovo Serb enclaves.
    Trafficking victims were exploited primarily in the sex industry, 
mostly in brothels and nightclubs but increasingly in private 
residences and through call girl services. None reported that they were 
aware they would be working in the sex industry when they left their 
homes. Trafficking victims reported that they were regularly subjected 
to beatings and rape, denied access to health care, and had their 
travel and identity documents confiscated. Victims were often found in 
poor physical and psychological condition.
    UNMIK reported that traffickers often worked with Kosovo Serb and 
Kosovo Albanian organized crime elements, and some women were 
trafficked from or through Serbia into the country. The KPS reported 
that most women were trafficked into the country through the Pristina 
airport. Bar and brothel owners purchased victims from organized crime 
rings.
    Methods of trafficking continued to increase in sophistication. In 
reaction to an aggressive eradication campaign by local and 
international authorities, traffickers 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 to refuse assistance.
    The IOM reported that, of the 589 mainly international victims it 
assisted since 1999, close to 75 percent fell prey to traffickers after 
accepting a bogus job offer abroad, 3.7 percent claimed to have been 
kidnapped, and 3.9 percent were promised marriage. In 83.5 percent of 
cases, recruiting was through personal contacts; the recruiter was an 
acquaintance of the victim in 28.8 percent of the cases and a friend or 
family friend in approximately 18 percent. The KPS reported that 
recruiters were equally likely to be men or women. The IOM and the KPS 
reported that trafficked persons often had work contracts that enabled 
them to enter the country legally and obtain residence permits. This 
made it difficult to detect and prove trafficking.
    Under the criminal law trafficking is punishable by a maximum of 20 
years' imprisonment. Engaging in trafficking is punishable by two to 12 
years' imprisonment, or up to 18 years if the victim is a minor; 
organizing a group to engage in trafficking is punishable by seven to 
20 years' imprisonment and a fine up to 500,000 euros ($650,000); 
facilitating trafficking through negligence is punishable by six months 
to five years imprisonment. A person convicted of engaging in sex with 
a person known to be a trafficking victim may be imprisoned from three 
months to five years, while sex with a minor known to be a trafficking 
victim carries a penalty of two to 10 years' imprisonment. Facilitating 
prostitution is punishable by a fine or imprisonment up to three years, 
and up to five years if it occurs within a 350-meter radius of a school 
or other location used by children. When the offense of prostitution 
involves victims who are minors, the term of imprisonment can be up to 
12 years. Prostitution is punished as a minor offense; prostitutes can 
be punished, but not clients, unless the police can prove that a client 
knowingly used the services of a trafficking victim. Prostitution 
constitutes grounds for deportation unless the ``prostitute'' is a 
victim of trafficking.
    During the year the KPS maintained primary responsibility for 
combating human trafficking and conducted 82 surveillance operations. 
The KPS also closed one business establishment used for trafficking. 
KPS arrested 48 men and 19 women for trafficking, ten persons for 
pimping, 13 for prostitution, and eight on trafficking-related charges 
such as illegal weapons possession and counterfeiting. It also 
identified 27 trafficking victims, 22 of whom received needed 
assistance, including safe accommodation, counseling, and professional 
training for return and social reintegration. The remaining five 
declined treatment, stating they were not trafficked. At least one 
shelter provided medical care pursuant to its agreements with health 
care providers. During the year, the prosecutor's office filed 27 
criminal trafficking charges; 50 additional cases from previous years 
remained open. Fourteen of the cases were completed, resulting in 13 
convictions. In one case, the defendant was acquitted.
    Factors that contributed to a low number of prosecutions included 
the increasing sophistication of organized crime to avoid direct links 
between the victims and senior crime figures, the lack of a witness 
protection program (although means were employed to provide anonymity 
during trial testimony), reluctance of victims to cooperate with 
authorities, inadequate training for judicial personnel, and failure of 
police to adapt to new techniques employed by traffickers.
    UNMIK regulations provide a defense for trafficking victims against 
criminal charges of prostitution, illegal entry, presence, or work in 
the country.
    The KPS shared responsibility for combating trafficking with UNMIK, 
border police, the OSCE, the Ministry of Internal Affairs, prosecutors, 
judges, and the ministries of Health, Education, Public Services, and 
Labor and Social Welfare. NGOs and international organizations, 
particularly the IOM, handled protection and prevention-related 
antitrafficking activities.
    There was anecdotal evidence during the year that a complex set of 
financial relationships and kinship ties existed between political 
leaders and organized crime networks that had financial interests in 
trafficking.
    There were a number of arrests and police actions against 
traffickers during the year. For example, on January 31, the KPS, 
acting in cooperation with the special prosecutor's office, conducted 
early morning searches on six locations in Gjakove/Djakovica, detaining 
15 persons. Police arrested five persons and sent four women to 
shelters. At the initial court hearing the judge ordered two local 
traffickers and one Moldovan woman, who appeared to be involved with 
the management of the other women, to be held on 30 days detention. A 
trial date has not yet been set. At year's end the two men remained in 
jail while the woman was released after six months in prison.
    On April 14 in Ferizaj/Urosevac, police arrested a Kosovo Ashkali 
man for trafficking a 14-year-old girl and pimping her. The victim was 
taken to a shelter and then returned home. Police detained the 
trafficker until Jul 14, and then released him under house arrest. 
Police arrested a second man in conjunction with the case on May 7; a 
trial date was pending at year's end.
    On May 27, the Peje/Pec District Court convicted Aleksander Pitaqi, 
Pal Pitaqi, Veronica Dragan,and Elena Pislaru, all members of the 
Pitaqi crime ring, on charges of human trafficking, money laundering, 
and facilitating prostitution. The court found that the traffickers, 
composed of both men and women, led an organized criminal group that 
recruited and held women from Moldova for sexual exploitation. The 
traffickers received fines of up to 85,874 euros ($118,713) and five- 
to six-year prison sentences.
    There was no additional information available in the January 2007 
arrest of two Kosovo Albanian men who ran the Suka and Suka 1 cafes in 
Prizren.
    During the year police arrested the sixth and final man wanted in 
connection with a trafficking ring operating out of a private residence 
in Gjilan/Gnjilane. The KPS arrested five other suspects in the March 
2007
    International and local NGOs funded by foreign donors were the main 
source of assistance to trafficking victims. Local NGOs, such as the 
Center for Protection of Victims and Prevention of Trafficking in 
Humans and the Center for Protection of Women and Children, operated 
shelters that provided medical care and psychological counseling 
services to trafficking victims in cooperation with UNMIK, the OSCE, 
and the IOM. The NGO Hope and Homes for Children operated a shelter for 
child victims of trafficking, and the Ministry of Labor and Social 
Welfare, in cooperation with UNMIK and the OSCE, ran a semi-independent 
group housing unit for minors who were victims of trafficking and 
domestic violence. Some domestic violence shelters, such as Liria in 
Gjilan/Gnjilane, offered short-term shelter and referral services to 
low security risk victims. A Ministry of Justice interim facility also 
provided temporary shelter to victims while they considered whether to 
be repatriated or to testify against traffickers. Police often referred 
suspected trafficking victims to the IOM through OSCE regional 
officers.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, and in the provision of other state 
services; however, the situation of persons with disabilities remained 
difficult. There was considerable discrimination in practice, and 
ensuring the rights of persons with disabilities was not a government 
priority.
    Although the law mandates access to official buildings, it was not 
enforced and such access was rarely available in practice.
    According to local disability rights NGO HandiKos, existing laws 
relating to persons with disabilities were not adequately implemented. 
As a result, children with disabilities were often excluded from 
educational opportunities, were not professionally evaluated, and 
lacked sufficient health and social services.
    According to the Education Ministry, there were 14-15,000 children 
with disabilities nationwide. There were six special residential 
schools for children with disabilities and 70 special needs classrooms 
attached to regular schools. The ministry reported that 877 pupils were 
receiving special education.
    There were no special legal protections for children with 
disabilities. In May the Assembly passed a ``Law on Material Support 
for Families of Children with Permanent Disability,'' which entered 
into force in June. The law provides a definition of children with 
disabilities and permits the legal guardians of such children to apply 
to the Ministry of Labor and Social Welfare for material support. 
However, the law had not been implemented by year's end.
    According to the NGO Mental Disability Rights International (MDRI), 
patients with mental disabilities continued to be detained in isolated 
conditions with no legal basis, since there was no law to regulate the 
process of committing persons to psychiatric or social care facilities 
or to protect their rights within institutions. On occasion individuals 
in need of mental health treatment were convicted of fabricated or 
petty crimes and sent to prisons that lacked resources for adequate 
treatment. According to the World Health Organization (WHO), there were 
an estimated 14,000 persons with mental disabilities; MDRI reported an 
estimated 50,000 persons with mental disabilities living outside 
institutions. According to MDRI, such persons lived isolated and 
stigmatized lives.
    The National Council on Disabled People existed as an advisory 
organization to government authorities and the Assembly. Although the 
council's chief stated priority was the drafting of a national platform 
on persons with disabilities, it had not done so by year's end.
    In 2006, MDRI reported that the government-operated Shtime/Stimlje 
Institute, which MDRI had previously reported for patient abuse and 
mistreatment, had been separated into a facility for the 
developmentally disabled with 74 residents and a psychiatric facility 
with 68 residents. The majority of residents at Shtime/Stimlje were 
Kosovo Serbs and members of other minorities. The total number of 
residents in these facilities decreased, addressing MDRI's concerns 
about overcrowding. Both continued to admit new patients during the 
year. MDRI urged the Government to improve community support and 
increase public awareness of the rights of people with mental 
disabilities.
    During the year the Ministry of Health operated eight integration 
and community homes throughout the country, each hosting 10 mentally 
ill patients. The ministry also ran an integration center with 60 
patients in Shtimje/Stimje. Nevertheless, MDRI reported that, while 
these homes were intended to be transitional, most residents spent 
years there with little prospect of returning to the community. 
According to a 2006 WHO report, there were not enough facilities to 
provide care for persons with mental disabilities and employment 
opportunities for persons with mental disabilities were limited.

    National/Racial/Ethnic Minorities.--Official and societal 
discrimination persisted against Kosovo Serb, Roma, Ashkali, and 
Egyptian communities in employment, social services, language use, 
freedom of movement, the right to return, and other basic rights. 
Members of the Kosovo Bosniak and Gorani communities also complained of 
discrimination. During the year violence and other crimes directed at 
minorities and their property increased from 2007. Minority employment 
in public institutions continued to be low and was generally confined 
to lower levels of the Government; members of minorities occupied 10.4 
percent of government jobs despite a government target of more than 16 
percent.
    In July 2007 the human rights ombudsman issued a report that 
concluded ethnic discrimination was a prevalent and constant problem, 
particularly in the areas of health care and employment. The report 
also noted that minority groups continued to face regular threats.
    Between January 1 and August 31, UNMIK police reported 798 cases of 
interethnic crime; 617 involved Serbs as victims or suspects. According 
to UNMIK, underreporting of interethnic incidents persisted as a 
consequence of the KPS policy of assigning low priority to them and 
persistent mistrust between minorities with the Kosovo Albanian 
majority.
    There were multiple reports of violence against Kosovo Serbs during 
the year which were usually investigated by UNMIK police. For example, 
on April 23, in Gjilan/Gnjilane, a Kosovo Albanian man assaulted a 
Kosovo Serb man, who sustained slight bodily injuries.
    On June 2, OSCE reported that a Kosovo Serb man attempted to visit 
his property in Decan/Decani with members of a UNDP team planning to 
help reconstruct his home. However, when the man arrived at his 
property, a Kosovo Albanian neighbor, who was unlawfully using the 
property in the owner's absence, prevented the group from entering. 
Although the local mayor attempted to mediate the dispute, the parties 
reached no resolution by year's end.
    On July 1, in Gjilan/Gnjilane, three unidentified Kosovo Albanian 
women physically assaulted and injured a Kosovo Serb woman. Police made 
no arrests, and an investigation continued at year's end.
    On July 17 in Istog/Istok, an unidentified Kosovo Albanian man 
punched and kicked Zarko Orovic, a prospective Kosovo Serb returnee 
visiting from Montenegro, and robbed him of 350 euros ($450). Orovic 
was hospitalized and released; a police investigation continued at 
year's end.
    On December 30, two Kosovo Albanian youths from southern Mitrovice/
Mitrovica stabbed a 16-year-old Kosovo Serb in northern Mitrovice/
Mitrovica during a confrontation with Serbian youths. The two Kosovo 
Albanians fled to the southern part of the city where they were 
arrested by police. In the hours after this incident, interethnic 
violence erupted in three multiethnic communities in northern 
Mitrovica. This violence included automatic weapons fire, physical 
attacks, vandalism of cars, and arson. During the violence, a Kosovo 
Albanian man was shot. In response to the situation, KFOR, EULEX 
police, and KPS sealed the bridge over the Ibar River that separates 
the northern and southern parts of the divided city. After 
approximately two hours, conditions returned to normal. Police and 
prosecutors were investigating the incidents at year's end.
    There was no further information available during the year on 
investigations into the February 2007 stabbing of a Kosovo Serb woman 
behind a cafe in Mitrovice/Mitrovica or the June 2007 indictment of 
Sabri Haziri, who was accused of assisting in planting a bomb on a 
railway bridge in April 2003 near the village of Llozishte/Loziste in 
Zvecan.
    There was no new information available in the following 2006 cases: 
the March stabbing of a Kosovo Serb youth by two Kosovo Albanian youths 
near the main bridge in northern Mitrovice/Mitrovica; and the December 
explosion on a railway line frequently used by members of the Serb 
minority in Vushtrri/Vucitrn municipality.
    During the year KPS reported that it had arrested and imprisoned 
the persons who had fired gunshots at the homes of Kosovo Serb 
returnees in Llug/Lug village in Istog/Istok in 2006. The defendants 
received two to three month prison sentences.
    During the year there were regular reports of Kosovo Albanians 
destroying private property belonging to Kosovo Serbs; some violence 
against Kosovo Serbs may have been attempts to force them to sell their 
property. An UNMIK regulation prevents the wholesale buy-out of many 
Kosovo Serb communities in an effort to prevent the intimidation of 
minority property owners in certain areas; however, it was rarely 
enforced. There were numerous reports that Kosovo Serbs had difficulty 
accessing their property, which was sometimes occupied or used by 
Kosovo Albanians. For example, on June 16 in Vushtrri/Vucitrn, a Kosovo 
Serb reported to the KPS that a Kosovo Albanian man had been illegally 
occupying his farmland for the previous eight years and that he could 
not access it. Police brought the suspect to the station and 
subsequently released him after an interview.
    On April 2 in Kline/Klina, a Kosovo Serb reported that his property 
had been taken over by a Kosovo Albanian man. No further information on 
this case was available.
    In some cases Kosovo Serb property was reportedly sold by persons 
falsely claiming to be their attorneys and presenting forged documents 
in court; in situations where the rightful owners did not live in 
Kosovo, such fraud went undiscovered for months.
    In 2006 the Kosovo Serb-majority municipalities of Zvecan, 
Mitrovice/Mitrovica, Zubin Potok, and Leposaviq/Leposavic suspended 
their relations with the Government. Following local elections on May 
11, the Kosovo Serb parallel authorities continued this policy, and had 
no interaction with the Government during the year.
    There were a number of clashes between groups of Kosovo Albanians 
and Kosovo Serbs during the year. For example, on June 26, Kosovo Serbs 
held a protest in the ethnically mixed village of Berivojce over the 
building of a mosque. KPS reported that, during the protest, groups of 
Kosovo Albanians and Serbs began to fight with one another. Police and 
KFOR intervened when participants began throwing rocks, and two 
officers received minor head injuries. Some protesters were also 
injured.
    On July 4, Kosovo Serbs and Kosovo Albanians clashed in the 
Mitrovice/Mitrovica Three Towers and Suhodoll/Suvi Dol neighborhoods 
following Kosovo Serb protests against the installation of water pipes 
in a Kosovo Albanian area of Suhodoll/Suvi Dol. Several participants 
and a Kosovo Serb police officer were injured. Four Kosovo Albanian men 
were arrested in connection with the incident.
    On July 7 in the Three Towers neighborhood, a group of roughly 20 
Kosovo Albanians and Kosovo Serbs began throwing stones at each other. 
One Kosovo Serb was seriously injured. Later in the day, about 15 
Kosovo Serbs gathered and blocked the road between Mitrovice/Mitrovica 
and Suhodoll/Suvi Dol. Police intervened and dispersed the group.
    During the year the OSCE reported that the criminal justice system 
still faced difficulties in handling cases from March 2004 riots. The 
report noted continued difficulties in securing witness statements, 
widespread failure to sentence alleged perpetrators to appropriate 
criminal punishments, and long delays in proceedings. In many cases the 
courts did not properly account for ethnic motives as an aggravating 
factor. The report concluded that there had been no significant 
progress in handling these cases since the OSCE's previous report on 
the subject in December 2005.
    There were developments in the cases of several persons involved in 
the 2004 riots. In January, the Pristina District Court convicted 
Skender Islami, Mustafa Islami, Ramadan Islami, Omer Sylejmani, and 
Gazmend Morina of setting fire to a hospital, school, and a number of 
Kosovo Serb homes and vehicles. The court sentenced the defendants to 
between two and seven years in prison and ordered them to pay a total 
of 73,000 euros ($95,000) in damages.
    The trial of Zlyhaje Avdullahu, charged with participating in a 
Kosovo Albanian mob that looted and burned Kosovo Serb homes and 
attacked Kosovo Serbs during the 2004 riots, remained pending at year's 
end.
    Unlike in previous years, there were no reports of ethnically 
motivated violence against members of non-Kosovo Serb minority 
communities during the year.
    There were no developments in the January 2007 Peje/Pec incident, 
in which two Kosovo Albanian men assaulted and seriously injured a 
Kosovo Egyptian man, or the May 2007 assault by a Kosovo Albanian on a 
Kosovo Bosniak. In the second case, the victim was hospitalized with 
serious injuries, and police apprehended a suspect.
    There were no developments in the 2006 cases involving the assault 
of Kosovo Montenegrin IDP Vuko Danilovic by a group of Kosovo Albanians 
and the bomb attack against the home of a Gorani representative of 
Belgrade's Coordination Center for Kosovo and Metohija.
    Roma were subject to pervasive social and economic discrimination; 
often lacked access to basic hygiene, medical care, and education; and 
were heavily dependent on humanitarian aid for survival. Although there 
were some successful efforts to resettle Roma, Ashkali, and Egyptians 
in the homes they occupied prior to the 1999 conflict in Vushtrri/
Vucitrn, security concerns remained.
    On June 12, the OSCE reported that three Romani returnee families 
would not be charged for water and water services supplied to their 
homes in Kosovo while the families were displaced in Macedonia from 
1999 to 2007. Following their return in 2007 the Gjilan/Gnjilane public 
utility company demanded payment for services delivered to the 
families' properties, which were occupied during their displacement. 
The UNHCR intervened and assisted the families in providing the 
necessary documents proving their displacement. As a result, the 
utility company eventually agreed to drop its claims against the 
returning families.
    Kosovo Bosniak leaders complained that thousands of their community 
members had left the country as a result of discrimination and lack of 
economic opportunities.

    Other Societal Abuses and Discrimination.--The constitution and law 
prohibit discrimination based on sexual orientation; however, there 
were reports of violence and discrimination directed against gays and 
lesbians.
    Traditional societal attitudes about homosexuality intimidated most 
gays and lesbians into concealing their sexual orientation. Gays and 
lesbians generally felt insecure, with many reporting threats to their 
personal safety. There were fewer threats reported than in previous 
years; however, this may have been due to greater caution taken by gays 
and lesbians in their activities. The print media at times reinforced 
negative attitudes by publishing articles about homosexuality that 
characterized gays and lesbians as mentally ill. At least one political 
party, the Islamic-oriented Justice Party, included a condemnation of 
homosexuality in its political platform.
    There were no developments in the May 2007 case in which four 
males, three wearing dresses, were harassed by KPS officers. The Center 
for Social Emancipation, a local NGO promoting lesbian, gay, bisexual, 
and transgender rights, stated that there were a number of other cases 
of discrimination against homosexuals during the year but that victims 
refused to allow it to present their cases publicly out of fear of 
discrimination.
    There were no developments in the 2006 assault case involving 
unknown persons who severely beat two men they observed engaging in 
homosexual acts.
    There were anecdotal reports of discrimination against persons with 
HIV/AIDS during the year.
Section 6. Worker Rights
    a. Right of Association.--UNMIK regulations allow workers to form 
and join independent unions of their choice without previous 
authorization or excessive requirements, but this right was sometimes 
impeded by companies that threatened their employees when they joined 
or established unions. UNMIK regulations do not recognize the right to 
strike; however, strikes were generally permitted in practice, and few 
strikes occurred during the year. The Government did not pass labor 
laws by year's end, so UNMIK regulations remained in force.
    The only significant unions were the Association of Independent 
Trade Unions of Kosovo (BSPK), and the Confederation of Free Unions 
(CFU).

    b. The Right to Organize and Bargain Collectively.--The law and 
UNMIK regulations also provide for the right to organize and bargain 
collectively without interference, and the Government did not restrict 
this right in practice; however, no collective bargaining took place 
during the year. The law and UNMIK regulations allow unions to conduct 
their activities without interference, and the Government and UNMIK 
protected this right in practice.
    UNMIK regulations prohibit antiunion discrimination; however, some 
union officials reported discrimination in practice. The BSPK reported 
that only a small number of companies respected regulations preventing 
antiunion discrimination and claimed that worker rights were abused in 
every sector, including international organizations, where staff did 
not have security insurance or pensions.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law and UNMIK 
regulations prohibit forced or compulsory labor, including by children; 
however, there were reports that women and children were trafficked for 
commercial sexual exploitation, domestic servitude, and forced labor in 
bars and restaurants.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law and UNMIK regulations prohibit exploitation of children in the 
workplace, including a prohibition of forced or compulsory labor; 
however, with the exception of trafficking, the Government and UNMIK 
rarely challenged these practices. Trafficking of children, primarily 
for commercial sexual exploitation, was a serious problem, though a 
lack of statistical data made it difficult to estimate its magnitude.
    UNMIK regulations set the age of 16 as the minimum for employment 
and the age of 18 as the minimum for any work likely to jeopardize the 
health, safety, or morals of a young person but permit children to work 
at age 15, provided it is not harmful or prejudicial to school 
attendance. The law requires children between ages six and 15 to attend 
school.
    Child labor remained a serious problem. According to UNICEF, in 
recent years the number of children working on the streets of towns and 
cities was rising, although the overall number of working children 
remained unknown. Poverty was the most common reason children entered 
the workforce. While most children were not their families' main income 
earners, child labor served as a major contributor to many families. 
Problems with the education system, including low quality and 
inaccessibility of schools, contributed to the problem of child labor.
    In rural areas young children typically assisted their families in 
agricultural labor. Urban children often worked in a variety of 
unofficial retail jobs, such as selling newspapers, cigarettes, and 
phone cards on the street. The numbers of such children grew relative 
to 2007, although no statistics were available. According to the 
Ministry of Labor and Social Welfare, the Government has not acted to 
address this common form of informal child labor. Some children were 
also engaged in physical labor, such as transporting goods. 
International NGOs active in the country continued to report serious 
labor violations during the year, including child labor. The Ministry 
for Labor and Social Welfare coordinated child protection policies, and 
the ministry's department of social welfare had responsibility for 
ensuring the protection of children. The ministry did not conduct any 
inspections during the year.

    e. Acceptable Work Conditions.--There is no law establishing a 
minimum wage, and the Assembly did not adopt any labor laws during the 
year. The average monthly salary in Kosovo was 220 euros ($310) in the 
public sector and 275 euros ($388) in the private sector. The 
unofficial minimum wage was 80 euros ($112). The law and UNMIK 
regulations provide for a standard 4-hour workweek; require rest 
periods; limit the number of regular hours worked to 12 hours per day; 
limit overtime to 20 hours per week and 40 hours per month; require 
payment of a premium for overtime work; and prohibit excessive 
compulsory overtime. Employers often failed to abide by these 
regulations due to a lack of government enforcement.
    The BSPK reported serious labor violations during the year, 
including lack of a standard work week and compulsory and unpaid 
overtime; employees did not report such violations due to fear of 
reprisals. According to BSPK, many individuals worked long hours in the 
private sector as at-will employees without employment contracts, 
regular pay, or pension contributions paid on their behalf. Employees 
reported being fired without cause and in violation of existing laws 
and being denied holidays. Women's rights organizations indicated that 
sexual abuse occurred on the job but went unreported due to fear of 
expulsion or physical retaliation. According to union officials, 
workers in the public sector commonly faced similar mistreatment, 
including sexual abuse and the loss of employment due to political 
party affiliation.
    A labor inspectorate within the Ministry of Labor and Social 
Welfare is responsible for enforcing labor standards. However, the 
inspectorate primarily advised employers and, although the inspectorate 
issued over a thousand citations during the year for various labor 
standard violations, fines remained unpaid pending litigation. The 
inspectorate is responsible for enforcing health and safety standards 
but lacked trained staff and did not do so effectively. The law does 
not permit employees to remove themselves from dangerous workplaces 
without jeopardizing their continued employment.
    Although there is a law to protect employees' health and working 
conditions, many private and public institutions continued to violate 
it. Labor inspectorate officials reported difficulties in obtaining 
accurate information since workers rarely disclosed the problems 
themselves, in spite of legal protections.

                               __________

                                 LATVIA

    The Republic of Latvia, with a population of approximately 2.25 
million, is a parliamentary, multiparty democracy. Legislative 
authority is vested in the unicameral Saeima. Elections for the 100 
seat Saeima in 2006 were free and fair. Civilian authorities generally 
maintained effective control of the security forces.
    The Government generally respected the human rights of its citizens 
and the large resident noncitizen community; however, there were 
problems in some areas. These included: serious police abuse of 
detainees and arrestees; poor conditions at police detention 
facilities; poor prison conditions and overcrowding; judicial 
corruption; obstacles to due process; official pressure to limit 
freedom of speech; violence against women; child abuse; trafficking in 
persons; incidents of violence against ethnic minorities; and societal 
violence and incidents of government discrimination against 
homosexuals.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings.
    In previous years individuals were alleged to have died because of 
mistreatment by security forces. The suspected 2007 killing of a 
businessman by two police officers in a detention cell of the Sigulda 
police station remained under investigation. The officers involved were 
suspended from all duties. In October they were charged with exceeding 
official authority, failure to act by a state official, and intentional 
serious bodily injury. Their cases are awaiting trial.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were reports that government officials employed them.
    Reports continued that police severely abused persons in custody. 
The ombudsman's office reported receiving multiple complaints alleging 
police violence. Independent local and international sources continued 
to voice concerns about police behavior. The ombudsman's office 
received seven complaints regarding treatment by police and seven about 
treatment by prison officials. Internal police statistics listed 289 
complaints of police violence in the first eight months of the year, 
although there may have been multiple complaints about a single 
incident. During the year complaints about police behavior resulted in 
21 criminal investigations and 18 internal investigations, none of 
which found breaches of the law. Authorities dismissed the remaining 
complaints without opening an investigation, transferred them to other 
government agencies without taking action, or were considering whether 
to open an official investigation.
    There has been little progress in the investigation of the high- 
profile case of alleged mistreatment of former security officer Edgars 
Gulbis in 2007. Authorities held Gulbis in police custody for a month 
due to his alleged involvement in a car bomb attack against the chief 
antismuggling officer. Gulbis was later rearrested and at some point 
left the police car and either fell, jumped, or was pushed off a bridge 
into a river. Gulbis remained in jail throughout the year awaiting 
trial. The ombudsman's office indicated that, due to a number of 
shortcomings, the police internal investigation of the incident did not 
provide adequate explanation of Gulbis' treatment.

    Prison and Detention Center Conditions.--Prison and detention cell 
conditions remained poor. The Government took no significant measures 
to improve prison and detention center conditions following 2007 
reports by the Council of Europe (COE) human rights commissioner, by 
the COE Committee for the Prevention of Torture (CPT) on its 2004 
periodic visit to the country, and by the Latvian Center on Human 
Rights (LCHR). The 2007 LCHR report on prisons and detention centers 
described a number of key problems, including prison overcrowding, 
violence among prisoners, and health problems (a high incidence of 
tuberculosis, drug addiction, and HIV infection). One prison closed in 
November, increasing pressure on other already crowded facilities.
    The LCHR also reported poor conditions at the detention center for 
illegal immigrants, including degraded infrastructure with no 
ventilation system.
    There were 10 deaths of prisoners while in custody during the first 
eight months of the year. Authorities indicated that two were suicides 
and eight resulted from natural causes. The ombudsman reported only one 
case during the year that could be connected to behavior of officials 
in prisons or detention centers. On September 5, Sergey Danilin was 
found dead in his cell in the Daugavpils prison, having reportedly 
asphyxiated on his own vomit. Prison administrators indicated that 
guards might have pushed Danilin as he was being transported. A prison 
chaplain stated that Danilin's death might have resulted from a severe 
beating by a prison guard. Administrators have since opened an 
investigation into the case and declined to comment further. There was 
no further progress by year's end.
    The ombudsman's office stated that it received 42 complaints during 
the year about conditions in detention facilities, primarily about 
inadequate light, heat, or ventilation in cells, sanitary facilities, 
or insufficient exercise areas.
    The Government generally permitted independent monitoring of 
prisons and detention centers by international and local human rights 
groups; however, there were no independent monitoring visits to prisons 
and detention centers reported during the year. The CPT carried out its 
most recent periodic visit to the country in November and December of 
2007. The CPT had not released its report on that visit by year's end.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The national police, 
security police, special immigration police, border guards, and other 
services were subordinate to the Interior Ministry. Municipal police 
were under local government control. The Military Counterintelligence 
Service and a protective service, as well as the National Guard, were 
subordinate to the Ministry of Defense.
    Allegations of corruption and bribery within law enforcement ranks 
were frequent and continued to affect the public's perception of police 
effectiveness. During the year, the Bureau for the Prevention and 
Combating of Corruption (KNAB) pursued investigations of several 
security officials for bribery or extortion.
    In September the Riga District Court sentenced the chief of the 
Riga city traffic police to six years in prison and confiscation of 
property for repeatedly accepting bribes.
    In August authorities revoked the security clearance of Vladimirs 
Vaskevics, the head of the criminal investigative service of the 
customs service, following an extensive corruption investigation.
    In April the Supreme Court sentenced the head of a division of the 
state police central criminal police department to seven years' 
imprisonment and confiscation of property for bribery.
    In March the prosecutor general's office started prosecution of an 
officer from the Saldus district criminal police board for demanding 
and accepting bribes and an officer from the financial police for 
attempted intermediation of bribery. Both were convicted, but their 
sentences were suspended and they did not spend any time in jail.

    Arbitrary Arrest and Detention.--The law requires that persons be 
arrested openly and with warrants issued by a duly authorized judicial 
official, and the Government generally respected this requirement in 
practice. The law provides a person in detention the right to a prompt 
judicial determination of the legality of the detention, and 
authorities generally respected this right in practice. Detainees were 
promptly informed of charges against them. The law requires the 
prosecutor's office to make a formal decision whether to charge or 
release an individual under arrest within 48 hours. This requirement 
was not always followed due to a backlog in the court system. A bail 
system exists; however, it was infrequently used and applied most often 
in cases of economic crimes.
    Detainees have the right to have an attorney present at any time; 
however, authorities did not always respect this right in practice. 
Investigators conducted unscheduled interrogations of detainees without 
legal counsel. The ombudsman's office report on the Gulbis case noted 
that Gulbis was regularly subjected to such unscheduled ``talks.''
    The Government provided an attorney for indigent defendants. 
Authorities permitted detainees prompt access to family members. These 
rights were subject to judicial review but only at the time of trial.
    While the law limits pretrial detention to no more than 18 months 
from the first filing of the case for the most serious crimes, and less 
for minor offenses, lengthy pretrial detention remained a concern of 
human rights groups. During the year the country's most common 
violations of the European Convention on Human Rights, as found by the 
European Court of Human Rights (ECHR), related to lengthy pretrial 
detention.
    In July the ECHR ruled in favor of a former Red Army partisan, 
Vasilijs Kononovs, in his complaint that the courts had imprisoned him 
for acts that were legal at the time he committed them. In 1944 
Kononovs led a raid in support of the Soviet Army against a village 
claimed to be aiding the Nazis. Kononovs argued that the villagers were 
a legitimate military target, while the court found his actions to be 
war crimes conducted by an occupying force. The ECHR also noted the 
time that had passed between the act and the conviction, while the 
Government replied that it could not try the case during the period of 
Soviet occupation. The Government appealed the decision.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision in practice; however, there were significant problems, 
including inefficiency and corruption.
    The judicial system is composed of district (city) courts; regional 
courts, which hear appeals from District Courts and can also serve as 
courts of first instance; a separate administrative court, which 
adjudicates administrative violations; the Supreme Court, which is the 
highest appeals court; and the seven member Constitutional Court, which 
hears cases involving constitutional issues at the request of state 
institutions or individuals who believe that their constitutional 
rights were violated.
    On February 7, the Riga regional court sentenced two District Court 
judges, Irena Polikarpova and Beatrise Talere, to eight years' 
imprisonment for bribery. Polikarpova and Talere appealed the sentence 
to the Supreme Court.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and most judges enforced this right; however, the 
fairness of individual court decisions and of judges and the court 
system in general remained a concern.
    Trials are generally public; however, they may be closed to protect 
government secrets or the interests of minors. A single trial judge 
hears most cases, although for more serious criminal cases, at the 
district and regional levels, two lay assessors join the professional 
judge on the bench. In some criminal cases, modified juries consisting 
of randomly selected members of the public participate in the tribunal 
in a limited way. Defendants have the right to be present at their 
trials. At closed trials, defendants are subject to criminal sanction 
if they reveal any details of the case outside the courtroom. 
Defendants have the right to consult with an attorney in a timely 
manner, at government expense if they are indigent. Defendants have the 
right to read charges and confront witnesses against them, and may call 
witnesses and offer evidence to support their cases. Defendants and 
their attorneys have access to government held evidence relevant to 
their cases. Defendants enjoy a presumption of innocence and may appeal 
to the highest levels in the judicial system.
    During the year a special parliamentary commission was formed to 
investigate the judiciary and the judicial decisions mentioned in the 
controversial book Litigation Kitchen published by journalist Lato 
Lapsa in August 2007. The book included a series of transcripts of 
allegedly wiretapped telephone conversations, sparking allegations of 
unethical and illegal behavior among some judges, including discussing 
cases outside of court and inappropriate influence on judges from the 
political elite and businesses, between prominent figures in the 
judiciary from 1998 to 2000. The commission released an interim report 
in September that was inconclusive in regards to the specific 
allegations of the book, but claimed general improvement in the 
judiciary since the time of the incidents alleged in the book. Three 
judges have stepped down because of the allegations, but none have been 
charged with a crime.
    In April the Saeima established an independent judicial ethics 
committee, and the annual congress of judges elected its members.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The law provides for an 
independent and impartial judiciary in civil matters, including access 
to a court to bring lawsuits seeking damages for, or cessation of, a 
human rights violation. The Government generally upheld the law 
concerning civil procedures.

    Property Restitution.--In September the Government established a 
task force to study outstanding claims for the restitution of pre 
Holocaust Jewish communal property. The task force had not publicly 
released any findings by the end of the year. The Jewish community also 
sought compensation for private property last owned by Jews before the 
Holocaust that could not be regained by the community upon the 
restoration of independence because there were no identifiable heirs.
    There was no further progress on restitution for either communal or 
heirless properties. Members of the international Jewish community 
complained that national and local authorities delayed or ignored 
claims by Jews regarding property restitution.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    Observers expressed concern about freedom of speech after two 
persons were detained for comments interpreted as advice to remove 
holdings from banks. In November security police detained economist 
Dmitrijs Smirnovs for two days of questioning after a newspaper 
published his comments suggesting that the banking system was unstable 
and that the lat (the currency) might be devalued. Pop musician Valters 
Fridenbergs was also taken in for questioning for comments he made 
about bank stability during a concert. The law criminalizes spreading 
false information about the financial system. Both individuals were 
released without being charged.
    The law criminalizes incitement to racial or ethnic hatred.
    In October the Supreme Court rejected the prosecutor's office's 
appeal of the court's 2007 ruling that the publisher of an anti Semitic 
and anti Russian newspaper was not guilty of interethnic incitement. 
The paper had published articles referring to Jews as ``kikes'' and 
containing numerous derogatory statements about Russians living in the 
country. In rejecting the appeal, the Supreme Court noted that the 
newspaper's actions were unethical but not illegal.
    The country has one state owned television station, Latvian 
National Television (LTV), and one radio station, Latvian National 
Radio. A number of privately owned television and radio outlets 
thrived.
    Independent media were active and expressed a wide variety of views 
without restriction. The three largest Latvian language dailies were 
privately owned. Russian language print and electronic media were also 
large and active. There was one government owned newspaper, which 
primarily published official records of government actions and 
decisions. Other newspapers were widely believed to be associated with 
political or economic interests; complete information on media 
ownership was not publicly available.
    The law governing broadcast media contains a number of restrictive 
provisions regulating the content and language of broadcasts. Primary 
broadcast radio and television stations are required to use the state 
language (Latvian), and secondary broadcasters are allotted up to 20 
percent of total broadcast time for non-Latvian language programming. 
Non-Latvian television broadcasts are required to have Latvian 
subtitles. However, these laws only apply to terrestrial broadcasts, as 
opposed to satellite or cable television. Extensive Russian language 
programming was available on both traditional channels and cable 
networks. These restrictions do not apply to the print media.
    There was no official censorship of content of public or private 
media; however, the ruling political forces at times reportedly 
attempted to influence the content of public television broadcasts.
    On May 14, the Latvian National Security Committee of the Saeima 
questioned Edgars Kots, the director of LTV, in a closed hearing. The 
media reported that committee members criticized the overall content 
and tone of LTV's broadcasts as biased against the Government and 
overly negative about general developments in the country. The head of 
the committee stated publicly that the committee did discuss the tone 
and content of broadcasts of LTV and justified the hearing by 
asserting, ``LTV influences the views of society, which in turn 
influence the overall security of society.'' Representatives of the 
media and the opposition New Era party criticized the hearing as an 
unacceptable attempt to pressure LTV.
    The Government's appeal of an approximately 100,000 lat 
(approximately $200,000) civil award for invading the privacy of LTV 
journalist Ilze Jaunalksne remained pending after the Government was 
granted more time for investigation. Results from an internal 
investigation into wrongdoing by financial police involved in 
Jaunalksne's case were sent to the prosecutor's office for review and 
for determination as to whether criminal conduct had occurred. The 
report was considered confidential. As of the end of the year, criminal 
proceedings were in process against some of the officials involved.
    In 2007 the Government asked LTV reporters who broadcast a story 
describing a ``search in connection with criminal charges'' brought 
against influential regional politician Aivars Lembergs to reveal their 
sources. They refused the request. No action was taken on the case 
during the year, and there were no indications that the matter would be 
pursued further.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
Internet was widely used by the public.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and law provide for freedom of assembly, 
and authorities may not prohibit public gatherings except in very 
limited cases related to public safety; 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 
to prevent public disorder. Numerous demonstrations took place 
peacefully and without government interference during the year. 
However, some observers continued to criticize a provision of the law 
requiring notification of a planned protest 10 days in advance and what 
they characterized as vague procedures for holding a protest without 
prior notice.
    After denying a permit in 2006, authorities issued, for a second 
year, a permit for a gay pride parade in Riga. While the parade was 
held on May 31, its organizers questioned the extremely high level of 
security measures taken by authorities, which organizers believed 
discouraged participation and limited visibility of the event.

    Freedom of Association.--The constitution and law provide for 
freedom of association, and the Government generally respected this 
right in practice; however, the law bars the registration of Communist, 
Nazi, or other organizations whose activities would contravene the 
constitution, for example, by advocating the overthrow of the existing 
form of government. Nevertheless, some nationalist organizations using 
fascist era slogans and rhetoric operated openly.
    Under the law, members of the country's large noncitizen community 
are prohibited from joining and participating in any political party of 
400 or more members in which less than half the party members are 
citizens.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. However, by law, ``traditional'' religious groups 
(Lutheran, Roman Catholic, Orthodox, Old Believer, Baptist, Seventh Day 
Adventist and Jewish) enjoy a number of specific rights not available 
to ``new'' religions. For example, representatives of traditional 
religious groups may teach their religion to public school students who 
sign up to take classes, conduct official marriages, provide religious 
services for the army, and have representation in the National 
Ecclesiastical Council, which provides advice on religious matters to 
the Government. New religions did not have these rights and were 
subject to some bureaucratic regulations and paperwork requirements not 
applicable to traditional religions.
    In November the Government passed laws regulating state relations 
with the Russian Orthodox and Lutheran churches, similar to laws that 
came into effect in May regarding the Adventist, Baptist, Jewish, 
Methodist, and Old Believer Orthodox churches.
    Although the Government does not require religious groups to 
register, the law accords registered religious organizations certain 
rights and privileges, including separate legal status for owning 
property or for other financial transactions, and tax benefits for 
donors. Single congregations that do not belong to a registered 
religious organization must reregister each year for 10 years. Ten or 
more congregations of the same denomination and with permanent 
registration status may form a religious association. Only churches 
with religious association status may establish theological schools or 
monasteries.
    According to Ministry of Justice officials, most registration 
applications were approved once proper documents were submitted. The 
law does not permit simultaneous registration of more than one 
religious group (church) in a single confession. Ten congregations 
appealed this limitation; two of these appeals were administratively 
rejected during the year, the remaining eight remained pending at 
year's end.
    The law denies foreign evangelists and missionaries the right to 
hold meetings and to proselytize unless registered domestic religious 
organizations invite them to conduct such activities. Some foreign 
religious denominations criticized this provision.

    Societal Abuses and Discrimination.--The Jewish community numbers 
approximately 11,000 and is largely secular and Russian speaking. There 
was one active synagogue in Riga and one in Daugavpils. There were no 
reported incidents of violent attacks targeting Jews. However, there 
were occasional acts of vandalism in Jewish cemeteries and anti-Semitic 
statements in public spaces, such as Internet fora.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum-seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for granting asylum or 
refugee status in accordance with the 1951 UN Convention relating to 
the Status of Refugees and its 1967 protocol, and the Government has 
established a system for providing protection to refugees. During the 
year the Government received 51 applications for asylum; two 
individuals were granted the status of refugees. In practice, the 
Government provided some protection against the expulsion or return of 
refugees to a country where their lives or freedom would be threatened. 
However, there were continued reports that authorities systematically 
turned away persons attempting to enter the country at border 
checkpoints without establishing whether they may have been refugees or 
asylum seekers.
    The Government also provided temporary protection (``alternative 
status'') to individuals who might not qualify as refugees under the 
1951 convention and 1967 protocol. During the year the Government 
granted alternative status to one person.
    The 2007 LCHR report on detention facilities noted that the failure 
of authorities to provide information to irregular migrants and asylum 
seekers concerning their rights and governmental procedures was a 
significant human rights problem. The LCHR also found shortcomings in 
legislation in this field; for instance, the law governing immigration 
does not provide clear provisions on immigrant detention and appeal 
procedures, resulting in a wide variety of court decisions in 
apparently similar cases. Neither does the law specifically regulate 
the protection of rights of detained illegal immigrants and asylum 
seekers.
    In 2007 police opened a criminal investigation following a violent 
attack by unidentified persons on two Somali refugees. The security 
police continued to investigate the case.

    Stateless Persons.--Citizenship is derived from one's parents (jus 
sanguinis). According to UNHCR data, there were 372,622 stateless 
persons at the end of 2007, which included 372,421 stateless persons 
who were considered resident noncitizens and 201 other stateless 
persons who did not have the rights available to resident noncitizens. 
The Government recognized as stateless only those individuals who did 
not have a claim to foreign citizenship and were not eligible to apply 
for naturalization in Latvia. The stateless persons reflected in the 
UNHCR total consisted primarily of individuals of Slavic origin who 
moved to the country during the Soviet occupation and their 
descendents. They were not given automatic citizenship when the country 
regained its sovereignty in 1991. There are laws and procedures for 
granting citizenship to the noncitizen population, and more than 
120,000 persons have become citizens through naturalization since the 
process became possible in 1995.
    The UNHCR notes that the country's laws grant a transitional legal 
status to permanently residing persons (noncitizens) entitling them to 
a set of rights and obligations beyond the minimum rights prescribed by 
the 1954 Convention relating to the Status of Stateless Persons and 
identical to those attached to the possession of nationality, with the 
exception of certain limited civil and political rights.
    As of year's end, most of the remaining 372,000 noncitizens were 
legally eligible for citizenship but had not applied for it. 
Noncitizens most frequently said their reason for not applying was the 
perceived ``unfairness'' of the requirements and resentment at having 
to apply for citizenship rather than having it automatically granted at 
the time of the restoration of independence. The citizenship exam 
included a Latvian language test and examination on various aspects of 
the constitution and history of the country. Resident noncitizens have 
permanent residence status, consular protection abroad, and the right 
to return to Latvia.
    Resident noncitizens have full rights to employment, except for 
some government jobs and positions related to national security, and to 
most government social benefits; however, they cannot vote in local or 
national elections and cannot organize a political party without the 
participation of an equal number of citizens. Authorities reported that 
the number of naturalizations dropped significantly in January 2007 
after the European Union (EU) granted noncitizen residents visa-free 
travel and work rights within the EU. The Government claimed that 
Russia's June decision to allow these individuals to visit Russia 
without a visa would similarly depress the rate of naturalization. In 
contrast to 10,581 naturalization applications in 2006, but similar to 
3,308 applications in 2007, there were 2,601 applications during the 
year. During the year 3,004 persons were granted citizenship through 
naturalization.
    The European Commission against Racism and Intolerance (ECRI) noted 
in its 2008 report that the naturalization process remained slow and 
there was an urgent need to solve the problems linked to the status of 
noncitizens which made the persons concerned feel like second class 
citizens. The Government response, included as an appendix to the 
report, argued that the Government already provides a path to 
citizenship for almost all noncitizen residents, but many noncitizens 
had chosen not to pursue citizenship for personal or ideological 
reasons; and that granting additional rights to noncitizens would only 
diminish the incentive to naturalize.
    The Organization for Security and Cooperation in Europe (OSCE) high 
commissioner on national minorities visited the country in April and 
provided recommendations to improve the naturalization process, ``by 
granting automatic citizenship to all children born in the country 
after 1991 and to the newly born children of noncitizens.'' He further 
advised authorities to ``grant resident noncitizens the right to vote 
in local elections.''
    The Latvian Center for Human Rights noted in its 2008 alternative 
report, which mirrored the ECRI report, that although international 
organizations and state officials on several occasions acknowledged the 
need to reduce the number of noncitizens, the Government has neither 
provided sufficient funds, nor implemented consistent activities, to 
promote naturalization.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens with the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic and generally free and fair elections held on 
the basis of universal suffrage.

    Elections and Political Participation.--Free and fair elections for 
the Saeima were held in 2006; the Saeima elected a new president in May 
2007.
    On April 25, the KNAB asked five political parties to pay to the 
state the amounts by which they exceeded campaign-spending limits 
during the 2006 election campaign. According to the KNAB's final 
calculations, the People's Party owed the largest amount, 791,510 lats 
(approximately $1,570,000). The second largest of the alleged violators 
of campaign spending limits, Latvia's First Party/Latvia's Way, 
reregistered as a new party in 2007, thereby avoiding legal liability 
for the payment.
    On August 2, the country held a referendum on whether to amend the 
constitution to give the public the right to initiate procedures to 
dismiss the Saeima directly. Forty-three percent of eligible voters 
took part in the referendum. The constitution requires that at least 50 
percent of eligible voters vote in favor of the amendment for the 
referendum to be valid, so the amendment did not take effect. Of those 
who participated, 93 percent supported the draft amendments.
    Citizens can organize political parties without restriction; 
however, the country's approximately 372,000 noncitizen residents were 
prohibited by law from organizing political parties without the 
participation of an equal number of citizens in the party. The election 
law prohibits persons who remained active in the Communist Party or 
various other pro Soviet organizations after 1991 or who worked for 
such institutions as the former Soviet Committee for State Security 
(KGB) from holding office.
    Janis Adamsons, a former KGB employee, was barred by the Central 
Election Commission from running for a seat in the Saeima in the 2002 
election due to his former involvement in a Soviet security 
organization. The courts upheld the commission's decision. On June 24, 
the ECHR ruled that Adamsons' right to participate in elections had 
been violated and that the legal provision under which Adamsons was 
disqualified was too broad. The ECHR ruling noted that Adamsons had 
held a number of important government positions since 1991 and over 
that period he had not conducted any antidemocratic activities. The 
Government appealed the decision, but its repeal was rejected and the 
decision became final in December.
    At year's end, there were 21 women in the 100 member Saeima, and 
four women in the 19 member Cabinet of Ministers.
    Members of minorities, including ethnic Russians and Poles, served 
in various elected bodies. However, the Saeima no longer publicly 
tracks the ethnicity of its members.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively. There was a widespread perception that 
corruption existed at all levels of government, and according to the 
World Bank's Worldwide Governance Indicators, government corruption was 
a problem. During the first half of the year the KNAB initiated 14 
criminal cases against government officials (including members of the 
judiciary), compared with 30 in all of 2007 and 51 in all of 2006. The 
KNAB forwarded eight criminal cases involving 25 individuals to the 
prosecutor's office. Seven officers of various law enforcement bodies 
were suspects in corruption related cases, most on suspicion of taking 
bribes.
    In May 2007, the Kuldiga District Court found Ventspils mayor 
Aivars Lembergs not guilty of charges of abuse of power and making 
false statements in connection with the operation of the Ventspils 
port. The Government's appeal was denied, and Lembergs sued the 
Ministry of Justice, the prosecutor general's office and the Ministry 
of Finance for damages, and won a reduced settlement from the Ministry 
of Finance. Several of Lembergs' business and political associates were 
arrested and charged with related crimes, but none had been tried by 
year's end. During the year Lembergs had a limited voice in the 
Ventspils City government. In the fall the prosecutor general forwarded 
the 2007 case against Lembergs on charges of large-scale money 
laundering, bribery, abuse of office, and failure to declare property 
for tax purposes to the Riga Regional Court. The case had not been 
heard by year's end.
    In 2007 the KNAB forwarded evidence to the prosecutor's office 
accusing a division chief of the Daugavpils City land register of 
accepting 31 bribes. During the year the Supreme Court sentenced the 
division chief to two years' imprisonment and confiscation of property.
    In August authorities revoked the security clearance of Vladimirs 
Vaskevics, the head of the criminal investigative service of the 
customs service, following an extensive corruption investigation. He 
was reassigned to the more senior position of deputy director of the 
State Revenue Service. The KNAB forwarded evidence in his case to the 
prosecutor's office, but the prosecutor's office had not formally 
charged Vaskevics with a criminal offense.
    In October 2007 the prosecutor's office filed charges against 20 
individuals, including Jurgis Liepnieks (former head of Prime Minister 
Kalvitis' office), who was accused of participating in a fraudulent 
scheme to secure an agreement with a foreign firm to introduce digital 
television. At year's end the trial had not begun due to a change in 
the presiding judge. Liepnieks asserted that former prime minister 
Andris Skele was also involved in the scheme; however, no charges had 
been brought against Skele by the end of the year.
    The law requires public officials to file income declarations 
annually and irregularities are carefully researched. During 2007 there 
was a partial relaxation of rules on the acceptance of gifts by public 
officials. Limits were raised on the value of gifts that could be 
accepted by officials, provided they were not directly connected to the 
duties of public office. Anticorruption groups claimed that the new 
rules provide a loophole that could allow officials, especially elected 
officials, to accept large gifts as long as there was no direct 
beneficiary relationship between the gift giver and decisions taken by 
the official.
    The state auditor annually reviews all governmental agency 
financial records, both classified and unclassified, and documents 
irregularities. Reports are forwarded to the prime minister. The KNAB 
is responsible for combating government corruption.
    To combat corruption, authorities arranged training and seminars 
for approximately 1,400 personnel during the year on various aspects of 
conflict of interest and internal controls against corruption.
    A Cabinet of Ministers' regulation provides a mechanism for public 
access to government information, and the Government generally provided 
access to citizens in practice. There were no indications that 
noncitizens and the foreign press were denied access.
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 
met with domestic NGO monitors and responded to their inquiries; 
however, the Government often lacked the political will or resources to 
act on NGO reports or recommendations. A parliamentary Human Rights 
Committee did not enjoy the confidence of human rights NGOs.
    Only a few NGOs claimed to address the broad range of human rights 
problems. Among the most visible was the LCHR. Several NGOs dealt with 
specific issues: Apeirons was concerned with persons with physical 
disabilities; Marta focused on the protection of women's rights; 
Providus, the Center for Public Policy, and Delna (the national branch 
of Transparency International) focused on combating corruption; and 
Zelda focused on mental disability. None of these NGOs were closely 
aligned with the Government or political parties.
    The Government cooperated with international organizations and 
permitted visits by their representatives. During the year few 
international organizations published reports on or visited the 
country.
    In February the ECRI released a report on the country, based 
largely on a visit in March 2007. The report noted progress in some 
areas, but indicated that the number of racially motivated attacks 
targeting visible minorities had increased at the time of their visit 
and the Government response had been inadequate; racist discourse 
geared toward newcomers and certain ethnic and religious groups by some 
politicians and in the media remained a problem; and problems persisted 
with the full integration of the Russian speaking population, partly 
due to alleged job discrimination and to obstacles to Russian speakers' 
participation in public and political life in the country. In its 
response, the Government argued that racially motivated violence was 
limited to isolated incidents and that both changes to the law in 2007 
and training had helped police better respond to incidents when they 
happen.
    The OSCE high commissioner on national minorities visited the 
country in April and provided recommendations to improve the 
naturalization process, ``by granting automatic citizenship to all 
children born in Latvia after 1991 and to the newly born children of 
noncitizens.'' He further advised the Government to ``grant resident 
noncitizens the right to vote in local elections.''
    During the year the Government strengthened the ombudsman's office, 
which was established in 2007 to protect the rights of individual 
citizens in relation to the Government, by providing a longer term of 
office for the ombudsman, granting the ombudsman the right to propose 
changes to legislation, and requiring an annual ombudsman's report to 
the Saeima. During the year the ombudsman's office represented a person 
in court for the first time, in a case of discrimination against a 
woman due to pregnancy. The ombudsman's office noted that procedural 
constraints made it difficult for it to participate in many 
discrimination cases. None of the ombudsman's recommendations to 
parliamentary commissions were adopted in legislation. Local human 
rights organizations continued to voice concern over the office's 
limited response to human rights issues.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, language, 
disability, or social status; however, violence against women and 
racial minorities, societal discrimination against women and 
homosexuals, child abuse, and trafficking in persons were problems.

    Women.--The law specifically criminalizes rape but does not 
recognize spousal rape. Criminal penalties vary depending on the nature 
of the crime, the age of the victim, and the criminal history of the 
offender. Such penalties range from probation to life imprisonment.
    A local NGO, the Skalbes Crisis Center, reported that rape laws 
were ineffective and that rapes were underreported due to a tendency by 
police to blame the victim. Police reported that the number of criminal 
cases involving rape had remained stable in recent years and that few 
rapes were committed by individuals who were strangers to the victims.
    Violence against women is against the law; however, there are no 
laws that deal specifically with spousal abuse. Although NGOs and 
police agreed that domestic violence was a significant problem, the law 
was not effectively enforced because abuse was underreported. Victims 
of abuse were often 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, did not always take 
domestic violence cases seriously. Police stated they could only make 
arrests if either the victim or a witness agreed to file charges or if 
police actually caught someone in the act of committing the abuse.
    There were no shelters designed specifically for battered or abused 
women. Women who experienced violence could seek help in family crisis 
centers; however, these centers had limited capacity and gave priority 
to women with children. There were no dedicated rape or assault 
hotlines; however, NGOs managed approximately five general crisis 
hotlines. The NGO Marta Center operated Web sites that provided 
information and legal assistance for female victims of violence.
    Prostitution is legal, although procurement is not. Prostitution 
was widespread and was often linked to organized crime. Riga was an 
increasingly popular destination for sex tourism.
    Sexual harassment is illegal; however, in the absence of 
complaints, the Government was unable to enforce the law. Sexual 
harassment of women in the workplace reportedly was common. Cultural 
factors tended to discourage women from filing complaints of 
harassment.
    Women enjoy the same rights as men, including rights under family 
law, property law, and in the judicial system. The law prohibits 
employment discrimination; however, in practice women frequently faced 
hiring and pay discrimination, particularly in the private sector. The 
law also prohibits women from performing physically demanding jobs in 
unhealthy conditions, which are specified in a list agreed upon by the 
Cabinet of Ministers.
    The law prohibits work and wage discrimination based on gender and 
requires employers to set equal pay for equal work; however, government 
regulatory agencies lacked the skills and resources to implement the 
law fully. Some progress was made during the year. For example, the 
Ministry of Welfare implemented an awareness campaign that encouraged 
primary education teachers to portray more women as professionals and 
more men as childcare providers.

    Children.--The Government was committed to children's rights and 
welfare; however, in practice authorities did not fully enforce 
constitutional provisions and laws related to children.
    A local NGO working with abused children, the Dardedze Center 
Against Violence, stated that the number of reported instances of child 
abuse, including sexual abuse, had increased in the past several years. 
The center attributed this largely to better reporting due to increased 
awareness of the problem. Laws against child abuse were enforced 
effectively, although the center observed that coordination among 
agencies involved in the protection of children's rights was weak. 
Children from families that were unable to care for them had access to 
government funded boarding schools that provided adequate living 
conditions; however, these schools had lower educational standards than 
regular state schools.
    Police expressed concern about an increase in the number of 
children subjected to commercial sexual exploitation and ``traveling 
pedophiles'' in the country for the purpose of sex tourism.
    In October the UN special rapporteur on the sale of children, child 
prostitution, and child pornography visited the country. In preliminary 
findings, she noted a low number of reported incidents, but expressed 
concern about an increase in pornography and child sex tourism, at 
times facilitated by the Internet, and potentially exacerbated by the 
country's economic downturn.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, from, and within the country for commercial sexual exploitation and 
from the country for forced labor.
    The country was a source for women destined for the commercial sex 
trade in Cyprus, Denmark, Germany, Greece, Italy, the Netherlands, 
Norway, Spain, and the United Kingdom; women and teenage girls were 
also trafficked within the country for commercial sexual exploitation. 
At least one case of trafficking of men and women to the United Kingdom 
for agricultural work was still being prosecuted. In one known case, 
the country served as a destination for trafficking victims from 
Thailand.
    The number of trafficking victims was impossible to ascertain. 
Relaxed travel regulations within the EU allowed traffickers to target 
Latvian nationals more easily. Tens of thousands of men and women 
departed the country in search of economic opportunities created by the 
country's entry into the EU labor market. Reports indicated that some 
of these persons might have become victims of labor traffickers. Those 
most at risk were persons from unstable families and unemployed or 
marginally employed women from 17-25 years old with poor education and 
from economically underdeveloped areas.
    Police believed that most traffickers were small-scale criminal 
groups with well-established contacts in destination countries. Law 
enforcement agencies reported that, because of the country's strict law 
enforcement since 2006, trafficking organizers were sending persons who 
began as trafficking victims to recruit their family and friends, 
rather than risk attempting to recruit in person.
    Recruitment over the Internet and through marriage agencies was 
also popular. The country's antitrafficking squad reported that 
traffickers usually avoided threatening or applying force when 
recruiting their victims. Although trafficking victims often consented 
to being transported abroad, they were usually misled by recruiters 
with offers of marriage or jobs as dancers.
    The law provides for prison sentences of up to 15 years for 
trafficking. Most perpetrators continued to be prosecuted under a 
statute that prohibits persons being sent abroad for sexual 
exploitation. This law, like the antitrafficking statute, carries a 
prison sentence of up to 15 years. The legal definition of trafficking 
in persons includes internal trafficking and trafficking for labor 
exploitation.
    Three Chinese nationals were smuggled into the country in August. 
Investigation of the incident led to 11 arrests, including 10 Latvian 
nationals and one Lebanese national. Charges for alien smuggling in an 
organized group have been brought against them, although they had not 
been tried by year's end. A similar case during the year involving 
smuggling of Syrian nationals led to five more arrests.
    During the year, police finalized investigations of 11 cases for 
sending persons abroad for sexual exploitation, a form of human 
trafficking criminalized by the Latvian Criminal Law. All 11 cases were 
submitted to courts.
    During the year courts convicted 11 traffickers for activities 
during or prior to 2008. Three convictions resulted in prison terms 
from three to 10 years and confiscation of property. For seven 
traffickers the conviction resulted in conditional sentences and no 
imprisonment. Three of the conditionally sentenced traffickers were 
subject to property confiscation. For one trafficker the conviction 
resulted in a fine.
    In many cases, a lack of recognition among the judiciary of the 
severity and impact of trafficking led to minimal or suspended 
sentences for traffickers.
    There were no reports during the year that officials were involved 
in trafficking.
    The country maintained several facilities to care for domestic and 
foreign victims of trafficking. The Marta Center remained the principal 
provider of assistance to trafficking victims. In November 2007 the 
Government created the Shelter Association Safe Home, which used 27,665 
lats (approximately $48,000) in government funds to provide assistance 
and shelter to trafficking victims throughout the year. Both facilities 
had the capacity to accommodate and provide services to up to 14 
victims at a time. The Shelter Association Safe Home rehabilitated four 
trafficking victims identified during the year. The Marta Center 
provided services to fewer victims than in the past, and in November 
the Government ended financial support of the Marta Center's programs, 
including maintenance of its antitrafficking hot line.
    The Government systematically monitored antitrafficking efforts and 
focused mainly on prosecution, victim protection, and prevention. The 
Ministry of Interior worked with local NGOs and international 
organizations to develop and implement an antitrafficking project 
called ``Open Labor Market for Women'' and maintained an 
antitrafficking Web portal both to educate the public and provide 
information resources to specialists, such as law enforcement staff, 
educators, and social workers. Trafficking victims and witnesses were 
able to use the Web portal to report instances of trafficking. The 
Ministry of Interior led a government working group that held regular 
sessions to coordinate the antitrafficking activities of ministries, 
government agencies, and NGOs.
    Under the national action plan to combat trafficking, the Ministry 
of Education is in charge of trafficking prevention. Trafficking 
prevention is part of the social sciences curriculum at the elementary 
and secondary school levels. The Attistiba College of Social Work and 
Social Pedagogy and the Latvian Police Academy offered courses, 
approved by the ministry, to educate future social workers and law 
enforcement specialists on how to prevent trafficking and assist 
victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and other state services, and the Government generally 
enforced these provisions. The law mandates access to buildings for 
persons with disabilities; however, most buildings were not accessible.
    A report on ``closed'' institutions released in 2007 by the LCHR 
summarized a number of problems in psychiatric hospitals and social 
care homes for persons with mental disabilities, including restrictions 
on privacy, violation of rights to a private life, and inhumane 
treatment by personnel that ranged from negligence to emotional and 
physical violence. NGOs noted no changes in these conditions during the 
year.

    National/Racial/Ethnic Minorities.--Attacks against racial 
minorities continued to be a problem, though fewer cases were reported 
than in previous years. In contrast with 16 registered cases in 2007, 
there were six registered complaints of abusive behavior against ethnic 
or racial minorities during the first eight months of the year.
    Of these, one was an allegedly racially motivated violent attack 
against an ethnic minority and the remaining five were incidents that 
involved hate speech. NGOs representing minority groups claimed that 
these statistics underreported the actual number of incidents. The 
ombudsman's office received 17 written complaints of racial or ethnic 
discrimination and 14 complaints regarding discrimination on the basis 
of language.
    In August the European Agency for Fundamental Rights' annual report 
criticized the ``limited'' capacity of the country's system to collect 
data on incidents of racial crime or discrimination.
    In a 2007 report, the UN Economic and Social Council (ECOSOC) 
expressed concern that the law mandating the use of the Latvian 
language in all dealings with public institutions, including with local 
authorities, may discriminate against linguistic minorities, including 
the Russian speaking minority, which in 2007 constituted approximately 
35 percent of the population. In particular, ECOSOC expressed concern 
that older members of linguistic minorities may be disadvantaged in 
receiving public services.
    The Government acknowledged that the Romani community faced high 
levels of unemployment and illiteracy, as well as widespread societal 
discrimination. In January 2007 the Government began implementing a 
national action plan to address problems faced by the country's 
estimated more than 8,000 Roma with respect to employment, education, 
and human rights. The action plan was criticized for lacking the 
funding necessary to achieve substantial improvement in conditions for 
Roma. During the year 28 members of the Romani community were trained 
as teacher's assistants in an effort to improve access and 
participation in the educational system. Two of those 28 were working 
in schools.
    On July 29, the Government expanded the list of professions in 
which persons are required to have a minimum level of proficiency in 
Latvian.
    The Government eliminated the position of special assignment 
minister for integration and transferred responsibility for some of the 
functions formerly conducted by the secretariat to the Ministry for 
Child and Family Affairs.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination against homosexuals; however, the 
population at large appeared to have little tolerance for 
homosexuality.
    During the year the city of Riga permitted a gay pride event under 
heavy police protection. There were reports of verbal harassment by 
opponents from outside the security perimeter, but there were only 
minor violations of public order. Organizers of the event questioned 
the severe security measures imposed by the authorities, which they 
believed discouraged participation and limited visibility of the event.
    In April the minister for the Secretariat of Social Integration 
removed a list of ``vulnerable groups'' from the national program on 
the promotion of tolerance after his consultations with church 
representatives. Some human rights NGOs believed that the list was 
removed because it included the Lesbian Gay Bisexual and Transgender 
(LGBT) community.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law entitles workers, except for 
the uniformed military, to form and join independent unions of their 
choice without previous authorization or excessive requirements, and 
workers exercised this right in practice. Approximately 15 percent of 
the workforce was unionized during the year.
    The law allows unions to conduct their activities without 
interference, and the Government protected this right in practice. The 
law recognizes the right to strike, subject to limitations that include 
obligatory, prolonged prestrike procedures and the prohibition of some 
types of solidarity strikes and political strikes. While most workers 
were free to exercise the right to strike within these parameters, 
labor regulations prohibit judges, prosecutors, police, fire fighters, 
border guards, employees of state security institutions, prison guards, 
and military personnel from striking. A labor law addressing disputes 
identifies arbitration mechanisms that unions and members of those 
professions forbidden from striking, may use in lieu of striking.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and workers exercised this right in 
practice. There were no reports of antiunion discrimination.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children. Women and children 
were trafficked abroad and within the country for commercial sexual 
exploitation; men and women were trafficked to the United Kingdom for 
forced labor. Three women were trafficked to the country from Thailand 
to work as masseuses; they complained to authorities that work 
conditions and compensation were not what they had been led to expect. 
After filing the complaint, the women were briefly provided government 
funded victims' assistance services but were subsequently deported on 
short notice.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law and policies protect children from exploitation in the workplace, 
including policies regarding acceptable working conditions, and the 
Government generally implemented these laws and policies in practice. 
However, there were reports that children were trafficked for 
commercial sexual exploitation. The law restricts employment of those 
under the age of 18 by prohibiting night shift or overtime work. The 
statutory minimum age for employment is 15, although children between 
the ages of 13 and 15 may work in certain jobs outside of school hours 
with written permission from a parent.
    Inspectors from the Ministry of Welfare's State Labor Inspectorate 
are responsible for enforcing the child labor laws, and they did so 
effectively.

    e. Acceptable Conditions of Work.--The legally mandated monthly 
minimum wage of 160 lats (approximately $317) did not provide a decent 
standard of living for a worker and family. As of July, the average 
monthly wage was approximately 385 lats (approximately $762). The State 
Revenue Service is responsible for enforcing minimum wage regulations, 
and it did so effectively.
    The law provides for a mandatory 40 hour maximum workweek with at 
least one 42 hour rest period weekly. The maximum permitted overtime is 
200 hours per calendar year. Excessive compulsory overtime is 
forbidden. The law requires premium pay in compensation for overtime, 
unless other forms of compensation are agreed to in a contract. By law 
an employee working overtime receives premium pay that is at least 
equal to the regular pay rate. These standards were generally respected 
for both citizens and noncitizen workers.
    The law establishes minimum occupational health and safety 
standards for the workplace, which were effectively enforced. Workers 
have the legal right to remove themselves from situations that 
endangered health or safety without endangering their continued 
employment; however, authorities did not enforce this right.

                               __________

                             LIECHTENSTEIN

    The Principality of Liechtenstein, with a population of 
approximately 35,400, is a constitutional monarchy with a parliamentary 
government. The unicameral Landtag (parliament) nominates, and the 
monarch appoints, the members of the Government. A two party coalition 
government was formed after free and fair parliamentary elections in 
2005. Civilian authorities generally maintained effective control of 
the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. There were isolated reports 
of excessive force by police, societal discrimination against 
minorities, violence against women, including spousal abuse, and child 
abuse.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that government officials employed them. In 
September a member of a special police unit was accused of injuring one 
person during a raid on an illegal gambling establishment. The police 
disputed the accusation and the case remained under review by the state 
prosecutor at year's end.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally met international standards. The Government 
permitted visits by independent human rights observers.
    A new law, effective January 1, renewed the legal basis for the 
penitentiary system and established an independent body to monitor 
prison conditions.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the regular and auxiliary police, and 
the Government has effective mechanisms to investigate and punish abuse 
and corruption. There were no reports of impunity involving the 
security forces during the year.

    Arrest and Detention.--Police arrest a suspect based on an arrest 
warrant issued by the national court. Within 48 hours of arrest, police 
must bring suspects before an examining magistrate who must either file 
formal charges or order release; authorities respected this right in 
practice. Release on personal recognizance or bail is permitted unless 
the examining magistrate has reason to believe that the suspect is a 
danger to society or would not appear for trial. The law grants 
suspects the right to legal counsel of their own choosing during 
pretrial detention, and counsel was provided at government expense to 
indigent persons. However, the law grants the suspect access to a 
lawyer only after an examining magistrate has filed formal charges. 
During police detention, visits are commonly not allowed, although in 
practice suspects may contact family members. During investigative 
detention, visits can be monitored to prevent tampering with evidence.
    The revised code of criminal procedure's regulations on 
investigative detention entered into force on January 1. It introduced 
a system of strict time limits and tight judicial review and granted 
detainees improved access to legal counsel.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. Trials involving minor offenses are heard by a single judge, 
more serious or complex cases by a panel of judges, and the most 
serious cases, including murder, by a public jury. The law grants 
defendants the right during trial to legal counsel of their own 
choosing; counsel is provided at government expense for indigent 
persons. Defendants may challenge witnesses or evidence and present 
witnesses or evidence on their own behalf. Defendants are presumed 
innocent and have access to government held evidence relevant to their 
cases. Those convicted have the right to appeal, ultimately to the 
Supreme Court.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, and access to a court to 
bring lawsuits seeking damages for, or cessation of, a human rights 
violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
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.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Over 80 percent of households had broadband access to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The Roman Catholic Church is the official state church; its 
finances are integrated directly into the budgets of the national and 
local governments, and it is favored over other religious communities 
in the distribution of state subsidies. The Government also provided 
financial support to the Protestant, Christian Orthodox, and Muslim 
communities. Smaller religious groups are eligible to apply for grants 
as associations of foreigners or for specific projects. After both the 
Council of Europe and the UN High Commissioner for Refugees (UNHCR) 
criticized the Government for the special financial subsidies granted 
the Roman Catholic Church, the Government proposed legislation that 
would amend the constitution and reform church-state relations. In June 
the legislation was referred to the public for review, which concluded 
in November. At year's end, the Government was reviewing the comments 
received during the public review.
    Roman Catholic or Protestant religious education was compulsory in 
all primary schools, but the authorities routinely granted individual 
exemptions for children whose parents requested them. At the secondary 
school level, parents and pupils chose between traditional confessional 
religious education and the non-confessional subject ``Religion and 
Culture.'' In 2007 the Government introduced Muslim religious education 
classes in public primary schools.

    Societal Abuses and Discrimination.--In a report released on April 
29, the European Commission against Racism and Intolerance said it had 
received reports of instances of verbal and physical abuse against 
Muslims, particularly against women wearing headscarves.
    There were no reports of anti-Semitic acts. The Jewish community in 
the country is small and does not have a formal organizational 
structure.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government cooperated with the Office of the UNHCR and other 
humanitarian organizations in providing protection and assistance to 
refugees, asylum seekers, stateless persons, and other persons of 
concern.
    The law does not prohibit forced exile, but the Government did not 
employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. In principle, the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. There were no cases in which asylum was 
granted during the year. The Government also has a system for providing 
temporary protection to individuals who may not qualify as refugees 
under the 1951 convention or the 1967 protocol. There were no such 
cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right in practice 
through periodic, free, and fair elections based on universal suffrage.
    The monarchy is hereditary in the male line. Prince Hans Adam II is 
the head of state. Since 2004 Hereditary Prince Alois has taken on the 
duties of head of state, exercising the rights of office on behalf of 
the reigning prince. All legislation enacted by the parliament must 
have the concurrence of the monarch and the prime minister.

    Elections and Political Participation.--Parliamentary elections, 
considered free and fair, were held in 2005. Individuals and parties 
could freely declare their candidacy and stand for election.
    There were six women in the 25 member parliament and one woman in 
the five seat cabinet. There were no known members of minorities in the 
Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were no reports of government 
corruption during the year.
    A law that entered into force in July prohibits public officials 
from requesting or accepting gifts or benefits in connection with their 
duties, and places restrictions on public officials engaging in private 
commercial activities. The police and the prosecutor's office, 
respectively, are responsible for investigating and prosecuting 
official corruption. The police have an organizationally independent 
special investigative unit for corruption cases. An interdepartmental 
working group chaired by the Ministry of Foreign Affairs coordinates 
measures to prevent and combat corruption.
    Public officials are not subject to comprehensive financial 
disclosure laws.
    The law requires the Government to inform the public of its 
activities, and government information was freely available to all 
persons living in the country, including domestic and foreign media.
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 generally 
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, gender, 
disability, 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. The Government generally enforced these 
prohibitions effectively.

    Women.--Rape, including spousal rape, is a criminal offense, and 
the Government effectively prosecuted those accused of such crimes. 
Spousal rape has the same penalties as rape under other circumstances. 
The sentence may be reduced if the victim decides to remain with the 
abusive spouse. There were four investigations for rape during the 
year; two were closed without charges being brought, and two remained 
pending at year's end. Police statistics do not record spousal rape 
separately.
    The law prohibits all forms of domestic violence and provides for 
restraining orders against violent family members. However, there were 
reports of violence against women, including spousal abuse. According 
to police, there were 15 police interventions in cases of domestic 
violence during the year. The Government may file charges without a 
complaint from the victim. Women and children may seek refuge and 
receive counseling at Frauenhaus, a women's shelter.
    In August 2007 a new provision of the penal code entered into force 
making stalking a criminal offense. On April 1, a new law on victim 
protection also entered into force. Under the provisions of this bill, 
the Government established centers that provide single-stop financial, 
administrative, legal, and psychological assistance to victims of 
domestic violence.
    Prostitution is illegal; however, police tolerated it in the 
country's few nightclubs, as long as it did not cause public offense. 
Leading a person into prostitution is punishable by up to six months in 
prison, heavy fines, or both, and up to three years in prison if the 
victim was under 18. There were no reported arrests or prosecutions 
during the year.
    Sexual harassment is illegal and punishable by up to six months in 
prison or a fine, and the Government effectively enforced these 
prohibitions. Employers are required to take reasonable measures to 
prevent sexual harassment; failing to do so may entail damages to a 
victim of up to 40,000 Swiss francs (approximately $33,300). No cases 
were reported during the year.
    Women enjoy the same legal rights as men, including rights under 
family law, property law, and in the judicial system. The Equal 
Opportunity Office and the Commission on Equality between Women and Men 
worked to eliminate all forms of gender discrimination. However, 
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 labor 
contract law and the equal opportunity law contain provisions to combat 
gender discrimination in the workplace.

    Children.--The Government was committed to children's rights and 
welfare and amply funded a system of public education and health care.
    There were some reports of abuse of children. The commission for 
the coordination of professionals in cases of sexual offenses against 
children reported that it was contacted concerning 10 cases of 
suspected sexual abuse during the year. Possession of child 
pornographic material is a criminal offense. The Code of Criminal 
Procedure specifies that children affected by sexual crimes are to be 
questioned in a sensitive procedure separate from the suspect.
    The Government supported programs to protect the rights of children 
and made financial contributions to three NGOs that monitored 
children's rights. The Office for Social Services oversaw the 
implementation of government supported programs for children and youth.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons and provides for extraterritorial jurisdiction. There were 
no reports that persons were trafficked to, from, or within the 
country; however, some observers believed that trafficking in women 
occurred but was not reported.
    Trafficking in persons is punishable by a prison sentence of up to 
three years, or up to five years if the trafficker used or threatened 
violence. If the victim is a minor or the trafficker belongs to a 
criminal organization, uses excessive violence, or jeopardizes the life 
of the victim, the sentence may be up to 10 years. No arrests or 
prosecutions for trafficking offenses were reported during the year.
    The Government's law enforcement, immigration, foreign affairs, and 
social welfare authorities, together with the NGO Frauenhaus, have 
established a consultation process and referral mechanism for victims 
of trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The 2007 Equal Opportunity Law for 
Persons with Disabilities prohibits discrimination against persons with 
physical or mental disabilities in employment, education, access to 
health care, or in the provision of other state services; the 
Government effectively enforced these provisions. The new law mandates 
that all public kindergartens and schools as well as public 
transportation systems must be accessible to persons with disabilities 
within five years. Recently constructed public buildings must become 
barrier free within 20 years; older public buildings within a period of 
12 years.

    National/Racial/Ethnic Minorities.--The Government continued to 
monitor right wing groups. In 2003 it established the Commission for 
Protection from Violence to analyze and develop strategies against all 
forms of violence. Police estimated the number of violent right-wing 
extremists, including skinheads, to be not more than 30 to 40. On 
September 20, at a public festival in the town of Mauren, a group of 
about 20 Swiss and Liechtenstein skinheads carrying stones and sticks 
set off a violent confrontation with Turkish visitors. The clashes 
ultimately involved several dozen people. The local police intervened 
to stop the violence; a police officer and a festival visitor required 
emergency medical treatment for injuries sustained in the violence. Ten 
right-wing extremists were detained, eight of whom were released from 
custody soon thereafter. Two Swiss skinheads were later convicted and 
sentenced to seven months' imprisonment, converted to fines of 1,800 
Swiss francs (approximately $1,500) and a three year probation period. 
According to the prosecutor's office, further investigations were 
ongoing on at year's end.

    Other Societal Abuses and Discrimination.--A government-contracted 
study published in December 2007 found evidence of discrimination based 
on sexual orientation.
    There also were reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
including foreigners, are free to form and join independent unions of 
their choice and select their own union representatives, and workers 
exercised these rights in practice. The law allows unions to conduct 
their activities without government interference, and the Government 
protected this right in practice. There was only one trade union, which 
represented approximately 3 percent of the workforce. The law does not 
prohibit antiunion discrimination, but there were no reports that 
antiunion discrimination occurred. The right to strike is not 
recognized explicitly in the constitution and labor law. Civil servants 
are prohibited from going on strike. No strikes occurred during the 
year.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of workers to organize and bargain collectively. 
Approximately 25 percent of workers were covered by collective 
bargaining agreements.
    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.--
There are laws and policies to protect children from exploitation in 
the workplace, and the Government effectively enforced these laws. The 
law prohibits the employment of children younger than 16 years of age; 
exceptions may be made for the limited employment of children age 14 
and over and for those who leave school after completing nine years of 
compulsory education. Children age 14 and older may be employed in 
light duties for not more than nine hours per week during the school 
year and 15 hours per week at other times.
    The law prohibits labor that subjects children to physical, 
psychological, moral, or sexual abuse. There were no reports that any 
cases were brought under the law during the year.
    The Government devoted adequate resources and oversight to child 
labor policies, and the Department for Worker Safety of the Office of 
the National Economy effectively supervised compliance with the law.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage. The average daily wage provided a decent standard of living for a 
worker and family.
    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 other workers. The law provides for a daily mandatory one 
hour break and an 11 hour rest period for full time workers; with few 
exceptions, Sunday work is not allowed. Pay for overtime is required to 
be at least 25 percent higher than the standard rate and overtime is 
generally restricted to two hours per day. The average work week 
including overtime may not exceed 48 hours over a period of four 
months. Thousands of workers commute from neighboring countries daily 
and are covered by the same standards.
    The law sets occupational health and safety standards, and the 
Department for Worker Safety generally enforced these provisions 
effectively. 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, and workers exercised this 
right in practice.

                               __________

                               LITHUANIA

    The Republic of Lithuania, population approximately 3.2 million, is 
a constitutional, multiparty, parliamentary democracy; legislative 
authority is vested in the unicameral Seimas (parliament). Free and 
fair parliamentary elections on October 12 and October 26 led to the 
formation of a center right coalition government in December. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a number of areas, including 
poor prison conditions, police and government corruption, domestic 
violence and child abuse, and trafficking in women and girls. The 
number of reports of racial or ethnic violence and intolerance 
continued to grow.
                        respect for 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 arbitrary or 
unlawful killings.
    The prosecutor's office continued approximately 80 investigations 
involving allegations of crimes against humanity and war crimes, 
including 20 related to the Holocaust. Courts found three persons 
former Soviet officers guilty of crimes against humanity committed 
during the Soviet occupation. They sentenced two of the defendants to 
five and eight years in prison and pardoned the third, who was 
considered infirm. Prosecutors also forwarded to the courts two cases 
involving former Soviet military officers charged in connection with 
the deportation of individuals to Siberia during the Soviet occupation. 
One case involved the deportation of 15 individuals, the other of 37. 
From January through September, the prosecutor's office initiated seven 
additional investigations of possible crimes against humanity.
    On July 4, the Court of Appeals upheld a lower court ruling that 
kept Nazi collaborator Algimantas Mykolas Dailide out of prison and 
declared him not dangerous to society. The Government brought criminal 
charges against Dailide in 2005, alleging collaboration with the Nazis 
and persecution of Jews. In 2006 the Vilnius District Court convicted 
him of crimes against Jews during the World War II Nazi occupation but 
did not impose a sentence due to the 85 year old convict's age and 
infirmity.
    On September 19, the prosecutor's office terminated its 
investigation of Yitzhak Arad for what it characterized as possible 
crimes against humanity while an anti Nazi partisan in Lithuania and 
Belarus during World War II. Arad is a former director of the Israeli 
Holocaust Remembrance Authority, Yad Vashem. Prosecutors had sought to 
question Arad about the killing of Lithuanian partisans and 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 inhuman or degrading treatment 
or punishment; however, there were reports that police physically 
mistreated detainees.
    During the year the human rights ombudsman's office received five 
complaints that officials used force and psychological pressure to 
obtain evidence in an investigation. Two complaints were found 
groundless, two were terminated because pretrial investigations were 
initiated, and one remained under investigation in January 2009. The 
ombudsman's office received four complaints in 2007.
    Military police opened 10 cases related to military hazing during 
the year, compared with 17 in 2007. They forwarded six of the 10 to the 
courts, terminated two due to lack of evidence, and continued to 
investigate the other two. Most reports of hazing alleged that draftees 
physically abused each other or subjected each other to psychological 
pressure.

    Prison and Detention Center Conditions.--Domestic human rights 
advocates reported that prison conditions remained poor, although 
government measures to upgrade prisons brought them closer to meeting 
international standards.
    During the year the parliamentary ombudsman received 309 prisoner 
complaints, compared to 317 in 2007. Most related to the failure of 
prison administrators to give proper attention to prisoners' 
grievances, which included poor prison conditions; mistreatment by 
prison department personnel; restrictions on prisoners' rights, e.g. by 
censoring their correspondence or failing to allow family visitors; 
inadequate medical services; and poor working conditions. The 
ombudsman's investigators found 46 complaints to be justified, while 
the others were outside the ombudsman's purview. The ombudsman received 
seven complaints during the year alleging that working inmates were 
paid less than they were supposed to be paid. The ombudsman found two 
of these complaints to be justified. One complaint was under 
investigation at year's end.
    In 2006 the European Court of Human Rights (ECHR) ruled that 
officials' monitoring of a Siauliai prison inmate's correspondence with 
his wife was inappropriate and that the country should amend its 
regulations on monitoring inmate correspondence.
    Through September, 22 prison and detention center inmates died, 
compared with 30 in 2007. According to authorities five deaths were 
suicides, 16 were due to natural causes, and one was accidental. In the 
same period, 40 inmates were injured by other inmates, compared to 34 
in 2007. Reported self-inflicted injuries numbered 149 compared to 94 
in 2007.
    The Government renovated the Vilnius prison hospital and six other 
facilities. However, three correctional institutions remained 
overcrowded. For example, the facility in Siauliai had a capacity of 
408 inmates after a recent remodeling, but held 525.
    The Government permitted independent human rights observers and 
researchers to visit prisons. The parliament's office of the ombudsman 
made eight visits to prisons. Media representatives also visited 
prisons. The International Committee of the Red Cross did not visit any 
prisons in the country.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions. Nevertheless, there were complaints of illegally 
prolonged pretrial detention.

    Role of the Police and Security Apparatus.--A unified national 
police force is responsible for law enforcement and operates under the 
authority of the Ministry of the Interior. Police officers and other 
government officials who exceed their official authority are subject to 
prosecution or punishment. The State Security Department is responsible 
for internal security, intelligence operations, and investigation of 
some economic crimes. It reports to parliament and the president.
    Corruption in the police force remained a problem. There is a broad 
legal and institutional anticorruption framework and a system for 
investigating public corruption; however, media, nongovernmental 
organizations (NGOs), and public opinion polls indicated that 
corruption was a lingering problem.
    In the first nine months of the year, 11 police officers were 
accused of abuse of power, compared with 18 in all of 2007. The 
ombudsman investigated 146 complaints about police activities, compared 
to 226 in 2007, and determined 51 to be valid, compared to 75 in 2007. 
In all cases where complaints were found to be valid, authorities 
disciplined the police officers involved. In most cases police officers 
faced administrative disciplinary actions, such as demotion or 
reprimand.
    On July 15, the ECHR agreed to hear the appeal of Danuta Iljina and 
her daughter, Evelina Saruliene, who contended that in 2004 police 
violated their dignity with unnecessary physical force, requiring 
Iljina to undress in front of neighbors and strangers. Police had 
suspected them of theft. They sought compensation of over one million 
litas (approximately $415,000) for family members' health treatment, 
travel expenses, lawyer fees, and pain and suffering.

    Arrest and Detention.--Warrants are required for arrest and must be 
granted by judges upon the presentation of reliable evidence of 
criminal activity. Police may detain suspects for up to 48 hours before 
charging them. There were no complaints of failure to inform detainees 
of the charges against them. Bail was available and was used widely. 
The law provides the right to an attorney from the moment of detention 
and, if the detainee is indigent, to one provided at state expense; 
however, this right was not always respected in practice. The law 
entitles a detained person to a prompt judicial determination of the 
legality of the detention, and authorities respected this right in 
practice.
    Judges may only order pretrial detention to prevent flight or the 
commission of new crimes, to allow unhindered investigation, or to 
comply with extradition requests. They may do so, however, only in the 
case of an individual suspected of a felony. The pretrial judge may 
order a suspect's detention for up to three months. In some cases the 
detention may be extended to 18 months (12 months for juveniles), 
subject to appeal to a higher court; such extensions were frequent. The 
law provides for civil liability for damage caused by the unlawful 
actions of investigating officials, prosecutors, judges, and courts. 
During the year the average length of pretrial detention was 
approximately seven months, and approximately 10 percent of the 
incarcerated population consisted of pretrial detainees.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government respected this provision in 
practice.

    Trial Procedures.--Defendants enjoy the presumption of innocence. 
The law provides for public trials; juries are not used. While 
defendants have the right to be present, the law permits trials in 
absentia when a defendant is outside the country and avoids trial. The 
law establishes the right to legal counsel for defendants upon arrest. 
It provides for legal assistance for indigent persons; however, as of 
September 30, the human rights ombudsman had received 47 complaints 
that authorities failed to provide such counsel. Defendants have access 
to government evidence and the right to present evidence and witnesses 
and confront or question witnesses against them. Defendants have the 
right to appeal. The law extends these rights to all citizens. Local 
human rights experts criticized the practice of holding trials in 
absentia because defendants could not cross examine witnesses or 
present evidence in their own defense.
    In February the ECHR ruled that the country's courts had not 
violated the European Convention on Human Rights by convicting three 
Communist Party officials in 1998 of attempting a coup d'etat in 1991.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The judicial system 
provides for an independent and impartial judiciary in civil matters. 
Plaintiffs may sue for legal or injunctive relief based on human rights 
violations. Apart from redress in the court system, victims of human 
rights abuses may appeal to the parliamentary ombudsman for a 
determination on the merits of their claims. Although the ombudsman may 
only make recommendations to the offending institution, his findings 
are commonly honored in practice.

    Property Restitution.--The law on restitution places significant 
restrictions on claims for communal property, and as a result the 
Jewish community has regained only a fraction of the communal property 
owned by the country's prewar Jewish population of more than 200,000. 
Fewer than 30 properties have been restituted to the Jewish community 
under the law, which applies only to the restitution of religious 
properties.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits arbitrary interference in 
an individual's personal correspondence or private and family life; 
however, there were reports that the Government did not respect these 
prohibitions in practice.
    The law requires a judge's authorization to search an individual's 
premises and prohibits indiscriminate monitoring of the correspondence 
or communications of citizens. However, local human rights groups 
alleged that the Government did not properly enforce these laws. In the 
first nine months of the year, the State Data Protection Inspectorate 
investigated 97 allegations of arbitrary interference by officials with 
privacy, compared to 129 investigated complaints in 2007. The 
inspectorate also conducted 102 audits of government agencies, 
unrelated to complaints, compared with 97 such audits in 2007. Most 
complaints involved claims by individuals that government agencies were 
collecting or using their personal data, such as personal identity 
numbers, without a legal basis or justification.
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.
    On June 17, parliament amended the Administrative Law to ban the 
distribution or display in public gatherings of Soviet or Nazi related 
symbols. On September 4, a court fined a woman in Vilnius 500 litas 
(approximately $207) for selling souvenirs containing Soviet symbols.
    Instigating hate through the mass media is a crime punishable by up 
to two years' imprisonment. The number of hate speech investigations 
opened by prosecutors continued to increase. During the year the 
prosecutor's office opened investigations involving 99 allegations of 
instigation of hate (including over the Internet), and one for 
discrimination, compared to 37 in 2007. It forwarded 25 cases to the 
courts for trial. Courts completed 15 of these and convicted 12 
persons, imposing fines of 400 to 3,000 litas (approximately $166 to 
$1,244). Sixteen of the 99 investigations were terminated for lack of 
evidence; the remaining 83 investigations and eight court cases 
(including some from previous years) were ongoing. Most of the hate 
allegations related to racist, anti-Semitic, or homophobic expression. 
The deputy prosecutor general, Gintaras Jasaitis, ascribed the increase 
in incidents to the spread of the Internet, which facilitated 
widespread, anonymous publishing.
    On July 23, Vilnius Mayor Juozas Imbrasas stated that as long as he 
was mayor, ``there will be no (public) advertising for sexual 
minorities.'' On August 20, the Vilnius municipality refused to issue a 
permit that would have allowed the European Commission's mobile 
display, ``For Diversity. Against Discrimination,'' advocating 
tolerance for all, including gays, to hold an event at the Old City 
Hall Square. The event was held instead in the less centrally located 
private parking lot of a shopping center. After a permit was withheld 
for a similar event in 2007, the equal opportunities ombudsman opened 
an investigation to determine if the municipality acted legally by 
cancelling the prodiversity event; however, the ombudsman later 
terminated the investigation due to a lack of information. NGOs, 
European Commission officials, and some government officials criticized 
the withholding of the permit.
    Individuals could criticize the Government publicly or privately 
without reprisal, and the Government did not attempt to impede 
criticism. The independent media were active and expressed a wide 
variety of views. Radio and television included a mix of independent 
and public stations. International media generally operated without 
restriction.
    On September 22, the Vilnius Regional Administrative Court upheld a 
2007 decision of the Lithuanian Radio and Television Commission that 
fined the director of the music television channel MTV Lithuania 3,000 
litas (approximately $1,244) for broadcasting the cartoon series 
Popetown, which satirizes the Roman Catholic Church and the Pope and 
was broadcast in the early evening when children could view it. The 
commission's decision followed a report by the Inspector of 
Journalistic Ethics, which concluded that the series also instigated 
religious hate; however, the commission based its fine on the narrower 
grounds of inappropriateness for children.
    The law prohibits the dissemination of information that is both 
untrue and damaging to an individual's honor and dignity. Libel is 
punishable by a fine or imprisonment of up to one year, or up to two 
years for dissemination of libelous material through the mass media. No 
cases were reported during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could generally engage in 
the peaceful expression of views via the Internet, including by e mail; 
however, persons were subject to criminal prosecution for posting to 
Web sites material that authorities deemed as instigating hate.
    According to the Department of Statistics, 47 percent of the 
country's residents between the ages of 16 and 74 had access to the 
Internet in the first quarter of the year, up from 40 percent in the 
same period in 2007.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law and constitution provide for the right to assemble 
peacefully, and the Government generally respected this right in 
practice for most groups; however, the Government denied parade permits 
to gay rights groups on several occasions during the year.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right in 
practice; however, the Government continued to ban the Communist Party 
and other organizations associated with the former Soviet regime.

    c. Freedom of Religion.--The constitution and the law provide for 
the free practice of religion, and the Government generally respected 
this right in practice. There is no state religion; however, some 
religious groups enjoyed special government benefits. There were no 
reports that less favored groups were prevented from worshiping or 
seeking members.
    On July 15, parliament granted the Seventh day Adventists the 
status of a state recognized religious association, which gives them, 
among other benefits, the right to offer religious instruction in the 
public schools to students who wish to receive it. Applications for the 
same status from the United Methodist Church of Lithuania (applied in 
2001), the New Apostolic Church (applied in 2003), and the Pentecostals 
(Evangelical Belief Christian Union, applied in 2002) were pending.
    The law stipulates that only traditional and other state recognized 
religions may offer religious instruction in public educational 
institutions. Participation in religious classes is not mandatory; 
parents may choose either religious instruction or secular ethics 
classes for their children.
    On June 17, parliament approved amendments to the Law on Equal 
Rights, which added prohibitions against discrimination based on 
ethnicity, religion, sexual orientation, age, and disability to the 
already existing prohibitions of discrimination based on gender, race, 
nationality, language, origin, social status, beliefs, or creed. 
However, these prohibitions do not apply to schools established by 
religious groups, which may, for example, hire teachers only of that 
religion.
    On September 22, the Vilnius Regional Administrative Court upheld a 
2007 decision of the Lithuanian Radio and Television Commission to fine 
the director of the music television channel MTV Lithuania 3,000 litas 
(approximately $1,244) for broadcasting the cartoon series Popetown, 
which satirizes the Roman Catholic Church and the Pope, in the early 
evening when children could view it. The commission's decision followed 
a report by the Inspector of Journalistic Ethics that concluded that 
the series instigated religious hatred as well as that it was 
inappropriate for young children; however the commission based its fine 
on the narrower grounds of inappropriateness for children.
    During the year construction was completed of a residential and 
commercial complex located on or near the site of a historic Jewish 
cemetery in Vilnius. Negotiations between the Government and Jewish 
groups continued over the correct historical perimeter of the cemetery, 
how to treat the portion that has not been built upon, and how to 
memorialize the location.

    Societal Abuses and Discrimination.--Anti Semitism was manifested 
in a number of acts of vandalism against Jewish graves and monuments, 
displays of neo Nazi sentiment, and public anti Semitic comments.
    In the first 10 months of the year, at least 12 anti Semitic 
incidents were reported. Senior officials condemned, although not 
always promptly, such incidents, and police were active in 
investigating them. On June 17, a Vilnius court fined two persons 1,300 
litas (approximately $539) each and one person 2,990 litas 
(approximately $1,249) for taking part in an unsanctioned skinhead 
march on March 11, during which participants shouted anti Semitic and 
anti Russian slogans. Investigations of other participants were 
continuing.
    On August 10, the Jewish community center in Vilnius and the Jewish 
community center in Panevezys were vandalized with anti Semitic symbols 
and language. Police immediately began an investigation, which 
continued at year's end.
    On October 16, a forest ranger in the Kelme Region, near the 
village of Pluskiai, reported that vandals broke stones and painted 
anti Semitic graffiti on a Holocaust Memorial. An investigation of the 
incident continued.
    Police investigations did not identify any suspects in the March 
2007 vandalism of 12 headstones in the Suderve Jewish cemetery in 
Vilnius, the vandalism of the Jewish cemetery in Rokiskis region, or 
the 2006 incident in which persons in Nazi style uniforms yelled pro 
Hitler and anti Semitic slogans while riding past a synagogue.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    Asylum seekers coming from a safe country of transit were 
prohibited from entering the country and were returned to the transit 
country without a review of the substantive merits of their 
applications. According to the Migration Department, authorities did 
not have a list of safe third countries, but defined such countries as 
ones in which the person's life or liberty would not be threatened on 
account of membership in one of the categories specified in the 1951 UN 
refugee convention and its 1967 protocol, and from which the individual 
would not be sent to another country in contravention of his rights 
under these agreements.
    The Government can grant ``temporary protection'' in the event of 
mass influx of aliens, but an individual alien has no right to apply 
for this protection. No persons were granted temporary protection 
during the year. An additional form of protection, ``subsidiary 
protection,'' may be granted to an individual alien who does not 
qualify as a refugee but who cannot return to his country of origin 
because of fear of torture or inhuman treatment, prevailing violence or 
military conflict, or systematic violation of human rights in that 
country would endanger his basic rights or fundamental freedoms. 
Between 1997 and 2007 more than 500 persons were granted subsidiary 
protection.

    Stateless Persons.--Citizenship law incorporates both territorial 
(jus soli) and kinship (jus sanguinis) elements, with the emphasis on 
the former. According to UNHCR statistics, in 2005 there were 
approximately 8,700 stateless persons, of whom 7,500 had permanent 
residence permits. In 2007 the number of stateless persons was 
approximately 5,900, of whom 4,100 held permanent residence permits.
    Virtually all of the stateless persons were individuals who resided 
in the country at the dissolution of the Soviet Union but did not 
qualify for automatic citizenship; however, according to the director 
of the Lithuanian Migration Department, they were entitled to apply for 
citizenship but did not do so.
    The law permits the naturalization of an individual living in the 
country for at least 10 years who has an unlimited residence permit, 
passes an official language test and an examination on the basic 
provisions of the constitution, takes an oath of allegiance, and is 
able to defray his living costs.
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.

    Elections and Political Participation.--Parliamentary elections, 
held in October, were free and fair. Several complaints about 
irregularities, mostly alleging minor infractions, were filed after the 
elections, and some of those cases remained under investigation at 
year's end, while others had been dismissed.
    The Government continued to ban the Communist Party; other 
political parties could operate without restriction or outside 
interference.
    In February 2007 the Constitutional Court announced that the Law on 
Municipal Elections, which allowed election to municipal councils only 
by party lists, contradicted the constitution. The decision did not 
affect the February 2007 municipal elections, but it obliged parliament 
to prepare a law that would allow citizens not on party lists to run 
for municipal councils. Parliament did not pass such a law during the 
year.
    At year's end there were 26 women in the 141 seat parliament and 
one woman in the 14 member Council of Ministers. Women accounted for 5 
percent of mayors, 21 percent of municipal council members, and 5 
percent of local administration directors.
    There were three members of ethnic minorities in parliament and no 
members of ethnic minorities in the Council of Ministers.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government often did 
not implement the law effectively, and corruption was a problem. 
Although some officials were convicted and punished for corruption, the 
penalties were usually minor, and many investigations did not result in 
convictions. The World Bank's worldwide governance indicators reflected 
that corruption was a problem.
    A number of government officials were under investigation, facing 
trial, or convicted and sentenced, for corruption during the year. For 
example, in February the Special Investigation Service began an 
investigation of the mayor, deputy mayor, and the head of 
administration of the Trakai municipality. They were suspected of 
receiving bribes of 200,000 litas (approximately $82,900) in connection 
with the development of a shopping and entertainment center. The 
officials were dismissed from their posts pending the outcome of 
investigation.
    On March 20, Vilnius city council member and former mayor Arturas 
Zuokas was convicted of attempting to bribe a city council member prior 
to a no confidence vote in 2003. The court's decision forced him to 
resign from the city council. Zuokas has appealed.
    On March 31, parliamentary speaker Viktoras Muntianas resigned amid 
allegations that he bribed a deputy governor of Kaunas County to obtain 
assistance with a relative's business. An investigation was underway at 
year's end. The deputy governor also resigned, on March 26, and was 
subsequently sentenced to six months' house arrest.
    On April 24, a deputy mayor of Vilnius and two other city council 
members were questioned by the Special Investigations Service on 
corruption charges. The investigation was ongoing at year's end.
    Political developments initially halted a court case against Viktor 
Uspaskich, leader of the Labor Party, who faced charges of fraudulent 
accounting for party funds and providing false information to election 
commission officials. In 2006, when the allegations were initially 
made, Uspaskich sought asylum in Russia, but in September 2007 he 
returned and was under house arrest until April 2008. In October 
Uspaskich was elected to parliament, giving him immunity from 
prosecution. On November 27, the prosecutor general asked parliament to 
waive immunity for Uspaskich, another parliamentarian implicated in the 
same case, and a third man who faced charges in an unrelated matter, 
and on December 9, parliament waived the immunity of all three men.
    The law provides for public access to government information, and 
government institutions generally provided access in practice. From 
January through September, the parliamentary ombudsman received 70 
complaints of delays by government offices in providing information and 
found 47 of them to be valid. The ombudsman asked heads of institutions 
and other unit supervisors to consider disciplinary action against the 
officials involved. Although the ombudsman's recommendations are not 
binding, in the first nine months of the year officials took 
disciplinary action in over 90 percent of complaints forwarded to them 
by the ombudsman.
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 law prohibits and provides penalties for discrimination based 
on race, gender, social status, ethnic background, age, sexual 
orientation, disability, and religion or beliefs. Despite government 
programs and prohibitions, discrimination against women and minorities 
persisted.

    Women.--The law criminalizes rape, including spousal rape. 
Convicted rapists generally received sentences of three to five years' 
imprisonment. In the first nine months of the year, 102 rapes were 
reported compared to a twelve-month total of 189 in 2007. Societal 
violence against women, particularly alcohol related domestic violence, 
remained a serious problem.
    The law does not criminalize domestic violence specifically, but 
instead prosecutes it under general assault laws. To initiate an 
investigation into cases of domestic abuse, the victim must file a 
complaint. The maximum penalty the courts imposed was two years' 
imprisonment. According to the Ministry of Social Affairs, police 
reported receiving 33 calls regarding household conflicts in 2007. 
Slightly more than half the reports had come from women. The Interior 
Ministry estimated that 514 women suffered from domestic violence in 
2007, including 418 inflicted by a partner and 96 from violence by 
children.
    In August 2007 a video recording of a man beating a woman appeared 
on a popular Web site. Police opened an investigation and located the 
victim, but she declined to testify. The man was sentenced to one year 
in prison; however, the sentence was suspended.
    Municipal governments and NGOs funded and operated 39 shelters that 
provided assistance to domestic violence victims. As of the end of 
September, the Vilnius based Shelter for Children and Mothers provided 
assistance to more than 160 victims of domestic violence, forced 
prostitution, and human trafficking.
    On June 3, parliament approved amendments to the Civil Code that 
require the offender, as opposed to the victim, to leave the family 
domicile in cases of domestic violence.
    Prostitution is illegal but remained a problem. The penalty is a 
fine of 300 to 500 litas (approximately $124 to $207) for a single 
offense and up to 1,000 litas ($415) for repeat offenses. In the first 
eight months of the year, police charged 72 women with administrative 
violations for prostitution.
    The law prohibits sexual harassment. According to the Equal 
Opportunities Ombudsman's Office, approximately 20 percent of women 
experienced sexual harassment. In the first eleven months of the year 
the equal opportunity ombudsman received one complaint of sexual 
harassment, as had been the case in 2007. According to the ombudsman's 
office, women remained reluctant to approach police or other 
institutions in cases of sexual harassment.
    Men and women have the same legal rights in the judicial system, 
including family and property law. Women nevertheless continued to face 
discrimination. Government policy requires equal pay for equal work; 
however, women often earned less than their male counterparts. In 2007 
women earned an average of 80 percent of what men earned in comparable 
jobs; the figure was 78 percent in the public sector. Women were 
significantly underrepresented at the managerial level.
    During the year, as part of the National Strategy for Reduction of 
Domestic Violence Against Women for 2007 09, the Government continued 
funding prevention, education, and victim assistance programs. Most 
programs were implemented by NGOs financed by the Government and 
European Union (EU) structural funds. The Government operated a mobile 
information center to educate persons about domestic violence.

    Children.--The Government was committed to children's rights and 
welfare.
    Child abuse, particularly in connection with parental alcohol 
abuse, continued to be a problem. According to the Department of 
Statistics, in 2007 approximately 36,500 children lived in 16,400 
abusive or dysfunctional families. Media sources reported that 
incidents of cruelty to children, including sexual abuse, intentional 
starvation, beatings, and killings, were common. Authorities reported 
that child abuse caused the death of five children between January and 
September. The children's rights ombudsman reported 245 complaints 
during the same period, compared to 387 in all of 2007, and 316 in 
2006; authorities initiated 199 investigations, compared to 147 in 
2007.
    The penalty for violence or cruelty against minors is a one to two 
year prison sentence. In addition, authorities may remove abused 
children from their families and place them in foster care. Despite 
efforts to combat child abuse and to aid abused children, the ombudsman 
reported that insufficient assistance was provided.
    There are 113 orphanages and 35 foster homes. Orphanages still 
house the vast majority of orphans and other children in need of care. 
In the first eight months of the year, the children's rights ombudsman 
initiated 12 investigations of possible violations of children's rights 
in orphanages. No complaints were received about foster homes.
    The law provides for up to 13 years' imprisonment for sexual abuse 
of a child; however, sexual abuse of children remained a problem. By 
September 1, the Interior Ministry had registered 41 cases of child 
sexual abuse (excluding child rape), compared to 49 cases in all of 
2007. The Government operated a children's rehabilitation center to 
provide special care for sexually abused children.
    In 2007 the Child Line (a children's hot line) received more than 
70,000 telephone calls and 2,000 letters from children who complained 
about problems ranging from relations with their parents and friends to 
violence in their families and sexual abuse.
    Between January and September 1, the controller for the protection 
of children's rights received eight complaints regarding sexual 
exploitation of a child. In six cases the victims were transferred to 
law enforcement institutions. Two investigations were cancelled because 
the crime was committed by a minor (up to 14 years old) and four were 
ongoing as of December 1. In 2007 the controller investigated seven 
cases of reported sexual exploitation of a child; he determined that 
four of them were groundless. Three cases resulted in further 
investigation.
    In September parliament adopted a law on the monitoring and care of 
children that created monitoring groups in schools to prevent violence 
and the exploitation of children. In 2007 authorities established 556 
new social worker positions throughout the country to strengthen social 
protection for children most vulnerable to trafficking or sexual abuse.
    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, who are mostly runaways or from dysfunctional 
families, had full access to free government sponsored services.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that women and girls were 
trafficked to, in, through, and from the country.
    Women were trafficked within the country and to the United Kingdom, 
Germany, Spain, Italy, Denmark, Norway, and the Netherlands. The 
country was a transit point for women trafficked from Belarus, Russia, 
and Ukraine.
    Traffickers targeted the most vulnerable social groups, 
particularly young women from poor or unstable families. Traffickers 
commonly targeted young women from boarding schools that also served as 
orphanages. Many were lured by deceptive offers of employment 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 through 
threats and the withholding of their personal documents. Families often 
were unaware of the victims' predicament and believed that they had 
been kidnapped.
    Police reported that nearly half of traffickers were linked to 
organized crime, including international groups.
    The law provides penalties for trafficking in persons of two to 12 
years' imprisonment and for trafficking in children (minors or 
juveniles) of two to 15 years' imprisonment. During the year the 
Government opened 11 criminal trafficking cases and referred six of 
these to the criminal court system. Three prosecutions ended in 
convictions, with eight persons sentenced to prison terms ranging from 
21 months to eight years.
    Authorities cooperated with other European governments on several 
trafficking cases. In the first eleven months of the year, police 
identified 18 persons, including two minors, as victims of trafficking; 
investigations in other cases continued. In 2006 the International 
Organization for Migration established a database with information from 
some key NGOs on assisted trafficking victims in the country. As of 
December 1, 35 women, including two juveniles, had been added to this 
database, compared to 54 women in 2007. NGOs maintained that many 
additional victims remained unidentified.
    The ministries of Interior, Justice, Social Security and Labor, and 
Education and Science, the police department, the State Border Guard 
Service, the general prosecutor's office, and the National Courts 
Administration are responsible for enforcement of trafficking laws. On 
March 30, the Government appointed an undersecretary level official at 
the Interior Ministry to coordinate government wide antitrafficking 
activities.
    Police cooperate regularly with their British, German, and 
Scandinavian counterparts on trafficking in persons. No persons were 
extradited from the country on trafficking offenses during the year.
    During the year prosecutors investigated nine suspects in an 
organized crime gang charged with transporting nearly 100 young women 
to the United Kingdom. Charges were brought against seven suspects. On 
December 10, the Siauliai Regional Court sentenced the head of one 
modeling agency, Jolanta Razmiene, to five years in prison for selling 
11 young women. Four other defendants received shorter prison terms, 
but all of them were sentenced to at least 21 months in jail. The 
sentences also required the traffickers to pay 50,000 litas 
(approximately $20,000) to 10 of the victims (the remaining victim 
would not take any money). Charges against one suspect were dropped 
because he testified against the others. One suspect was acquitted, but 
the prosecutor appealed the decision. Those convicted also appealed.
    In 2005 police arrested five employees of modeling agencies on 
allegations that the agencies were fronts for human trafficking to 
Western Europe and the United Arab Emirates. On November 10, the 
Vilnius District Court sentenced one women to 36 months in prison. Two 
other women were fined 37,500 litas (approximately $15,547) and 31,250 
litas (approximately $12,955).
    The Government partially funded 15 day-centers that assisted 
various groups at risk, including trafficking victims. It also provided 
grants to 13 NGOs that offered trafficking victims assistance or 
temporary shelter. During the year authorities implemented formal 
screening and referral procedures for trafficking victims.
    The Government continued implementing a prevention campaign that 
included seminars, posters, television and radio public service 
announcements, videos for schools, and antitrafficking brochures. 
Authorities also assisted NGOs and international organizations with 
prevention programs.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services. During the year 
the equal opportunities ombudsman investigated eight cases of alleged 
discrimination against persons with disabilities. The law mandates 
access to buildings for persons with disabilities; however, the 
Government generally did not enforce this provision in practice. 
Individuals involuntarily declared incapacitated have no right to 
appeal the decision in court.
    The Ministry of Social Affairs and Labor and the Lithuanian Council 
for the Affairs of the Disabled are the two primary governmental 
organizations with responsibility for developing equal opportunities in 
the labor market and improving government effectiveness in meeting the 
needs of, and augmenting the social security net for, persons with 
disabilities.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination against ethnic or national minorities; however, 
intolerance and societal discrimination persisted. Minority ethnic 
groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, and 
Karaites, constituted approximately 16.5 percent of the population. 
Reports of racial or ethnic violence and intolerance continued to 
increase during the year. Between January and September, the 
prosecutor's office initiated 84 investigations related to 
discrimination or incitement to racial or ethnic hatred, compared to 37 
in 2007 and 17 in 2006.
    For example, on April 9, in Vilnius, a group of young persons 
attacked a popular singer, Berneen, a South African of Indian descent. 
On April 28, a drunken stranger verbally assaulted two black athletes 
in Kaunas. On May 2, posters with the slogan ``no to the culture of 
black people'' were displayed in a park in Klaipeda city. Investigation 
of all three incidents continued at year's end.
    Investigations continued into a number of incidents that occurred 
in 2007, including: assaults on several foreign students, among them 
two Africans, of the Lithuanian Christian College in Klaipeda; a fight 
between Lithuanian and Nigerian youths in May and an attack on a man 
from Ghana two days later, both in Vilnius; an August attack on an 
Italian exchange student by assailants who apparently thought he was a 
Muslim; and the December death in Vilnius of a former Somali student at 
Kaunas Medical University after he was beaten in October, allegedly 
because he spoke on television about racial violence he had experienced 
in the country.
    The small Romani community (approximately 3,000 persons) continued 
to experience problems; including discrimination in access to 
education, housing, healthcare and other services; in employment (an 
unemployment rate of 50 percent); and in contacts with police, although 
there were no official charges of police abuse. Minority advocates 
continued to criticize the Vilnius city government for focusing on law 
enforcement in the Romani community but doing little to integrate Roma 
into the broader community. On September 26, following appeals, the 
Supreme Administrative Court returned a case involving Romani housing 
in Vilnius to the Vilnius regional court for further investigation. The 
regional court had awarded 100,000 litas (approximately $41,457) to 
Romani neighborhood inhabitants for residential and nonresidential 
housing torn down in 2004 but rejected their 5.6 million litas 
(approximately $2.3 million) claim for compensation for the value of 
the buildings themselves. Both the city and the Roma community appealed 
the parts of the decision that went against them. The case was pending 
at year's end.
    A study by the EU Agency for Fundamental Rights concluded in August 
2007 that responses to cases of ethnic discrimination registered in the 
country were ineffective and that insufficient attention was given to 
the problem. According to the research, the law provides possibilities 
to complain about ethnic discrimination; however, the sanctions usually 
applied in such cases were insufficient, and victims received 
insufficient or no compensation. The Government was revising its 
National Anti Discrimination Program to address increased levels of 
discrimination.

    Other Societal Abuses and Discrimination.--Local human rights 
organizations and members of the gay community reported that physical 
abuse on the street, discrimination, and persistent social exclusion of 
homosexuals were problems.
    In July the Government paid 40,000 euros (approximately $56,000) to 
a transsexual woman after the ECHR ruled in September 2007 that 
authorities had violated her privacy rights. The ruling also ordered 
the state to pass a sex change law within three months of its ruling; 
however, no such law was passed.
    In the first eight months of the year, the equal opportunity 
ombudsman investigated 12 cases of age discrimination, compared to 17 
in all of 2007. Most complaints concerned discrimination in obtaining 
insurance, loans, or leases.
    There were no reports of discrimination against persons with HIV/
AIDs.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, including 
members of the police and armed forces, to form and join independent 
unions of their choice, and workers exercised this right in practice. 
Unions represented approximately 10 percent of the workforce.
    To register, unions must have at least 30 founding members in large 
enterprises or a membership of one fifth of all employees in small 
enterprises.
    The law provides that trade unions shall be freely established and 
function independently. While the law authorizes unions to conduct 
their activities without interference, the Government only partly 
protected this right in practice. Employers sometimes discriminated 
against union members.

    b. The Right to Organize and Bargain Collectively.--The law 
protects collective bargaining for all workers except government 
employees involved in law enforcement and other security related work. 
The Lithuanian Tripartite Council, consisting of representatives from 
labor, business, and government, estimated that between 5 and 25 
percent of workers were covered under collective bargaining agreements. 
The law provides for the right to strike, except for workers in 
essential services; however, labor code procedures made it difficult 
for some to exercise this right. The law provides that only a union or 
a union's strike committee may call a strike; leaving nonunion 
employees unable to strike legally. According to the Department of 
Statistics, there were 111 legal strikes during the year. For example, 
on March 3, teachers at approximately 200 schools and kindergartens 
went on strike as the teachers union demanded a 50 percent pay raise. 
The strike ended when the Government and teachers agreed to a 35 
percent raise in two increments. On October 7, employees of higher 
educational institutions went on strike, demanding a pay raise. The 
average length of a strike was 6.65 workdays.
    The law prohibits employer discrimination against union organizers 
and members; however, this prohibition was often ineffective in 
practice, and there were instances when employees were punished for 
attempting to organize. According to the International Trade Union 
Confederation, no employer has ever faced the penal sanctions foreseen 
by law for antiunion discrimination. Some large retail stores hired 
short term contract labor and sometimes did not renew contracts of 
union members.
    Managers often determined wages without regard to union 
preferences, except in large factories with well organized unions. The 
Government periodically issued guidelines for state enterprise 
management in setting wage scales.
    There are no special laws or exemptions from regular labor laws in 
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 women and children were trafficked for commercial sexual 
exploitation. Trafficked women and girls in forced prostitution worked 
on streets, in illegal brothels, or as call girls.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law prohibits exploitation of children in the workplace, and the 
Government generally enforced these prohibitions effectively. 
Statistics from 2007 indicated that 8 percent of children working did 
so illegally, mostly in the agricultural sector, where children 
sometimes received unlawfully low compensation. There were reports that 
children 15 to 17 years old were trafficked for commercial sexual 
exploitation.
    The law sets the minimum employment age at 16, but allows 
employment of 14 year olds for light labor with the written consent of 
the child's parents and school. The law mandates reduced work hours for 
children, allowing up to two hours per day or 12 hours per week during 
the school year and up to seven hours per day or 32 hours per week when 
school is not in session. Authorities generally enforced these laws.
    According to a few media reports, a number of school age children 
performed farm fieldwork without contracts and received very little or 
no payment for their work; however, no official complaints were filed 
concerning such practices.
    The State Labor Inspectorate is responsible for receiving 
complaints related to employment of persons under 18. In the first 
eight months of the year, the inspectorate received five complaints of 
illegal child labor and determined one of them to be valid. Courts 
initiated an investigation of this case.
    The ministries of Social Security and Labor, Education and Science, 
Health, and the Interior administered programs to protect children's 
rights.

    e. Acceptable Conditions of Work.--The legal minimum wage of 800 
litas (approximately $332) per month did not provide a decent standard 
of living for a worker and family. The minimum wage is set by the 
Government with the involvement of the Tripartite Council and is based 
on social and economic indicators.
    The law provides that the maximum time worked in any seven day 
period, including overtime, may not exceed 48 hours. Overtime is 
allowed only in cases stipulated by law, and both overtime and night 
work must be compensated by at least 1.5 times the hourly wage. The 
labor laws apply to both local and foreign workers.
    The State Labor Inspectorate is responsible for implementing labor 
laws. In the first seven months of the year it conducted approximately 
9,000 inspections of companies. The most numerous abuses involved wage 
arrears, illegal employment, violation of labor contracts, faulty 
accounting for time off and hours worked, worker safety, and 
unsatisfactory investigation of accidents. Workers dissatisfied with 
the result of an investigation could appeal to the court system.
    The law provides that workers have the right to safe and healthy 
working conditions, and this was generally enforced. During the year, 
the state labor inspection service recorded 82 fatal accidents at work, 
compared to 99 in 2007. These occurred mostly in construction work. To 
address this, the state labor inspection service provided training, 
various prevention materials, and best practice examples to 
construction companies. Workers have the legal right to remove 
themselves from dangerous work environments without jeopardizing their 
continued employment and did so in practice.

                               __________

                               LUXEMBOURG

    The Grand Duchy of Luxembourg, with a population of approximately 
480,000, is a constitutional monarchy with a democratic, parliamentary 
form of government. The role of the grand duke is mainly ceremonial and 
administrative. Legislative authority is vested in the unicameral 
Chamber of Deputies. The prime minister is the leader of the dominant 
party in the popularly elected parliament. In 2004 generally free and 
fair parliamentary elections took place. Civilian authorities generally 
maintained effective control of the security forces.
    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. Some prison overcrowding, domestic 
violence, and child abuse were reported, as were cases of human 
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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detection Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers, although no visits were 
reported during the year. Overcrowding in the Schrassig prison remained 
a problem. Legislation adopted in 2007 appropriated funding for the 
construction of a new detention center for refused asylum seekers to 
relieve prison overcrowding. (Refused asylum seekers are imprisoned if 
they fail to depart voluntarily within a specified time period. They 
may be imprisoned for a maximum of four months while arrangements are 
made to deport them.) Although the legislation identified the site for 
this center, construction did not commence during the year.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the Grand Ducal Police and the 
judiciary police, and the Government has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest and Detention.--Warrants issued by a duly authorized 
official are required for arrests in most cases. Within 24 hours of 
arrest the police must inform detainees of charges against them and 
bring them before a judge for determination of the legality of the 
detention. There is a functioning bail system, which judges freely 
employ. Detainees are given immediate access to an attorney, at 
government expense for indigents. Detainees are allowed prompt access 
to family members.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Trials are public except for those involving sexual or child abuse. 
There are no jury trials. Defendants have the right to be present and 
to consult with an attorney in a timely manner. Defendants may confront 
or question witnesses against them or present witnesses and evidence on 
their behalf. Defendants and their attorneys have access to government-
held evidence relevant to their cases. Defendants enjoy a presumption 
of innocence and have the right of appeal.
    A legal basis exists for the establishment of religious and 
military courts on an ad hoc basis, but no such action has occurred in 
the last sixty years.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The magistrate courts 
serve as an independent and impartial judiciary in civil and commercial 
matters and provide access to individuals who bring lawsuits seeking 
damages for, or cessation of, a human rights violation.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights. 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 Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups engaged in the peaceful 
expression of views via the Internet, including by e-mail. A majority 
of the population had connections to the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    There is no state religion, but the Government paid the salaries 
and pensions of clergy of those religious groups that have signed 
conventions with the Government: Roman Catholic; Greek-, Russian-, 
Romanian-, and Serbian Orthodox; Anglican, some Protestant 
denominations, and Jewish congregations. Several local governments also 
maintained sectarian religious facilities. In 2003 the Muslim 
community, desiring to receive similar government funding, named a 
national representative and single interlocutor for negotiations with 
the Government. At year's end, a draft proposal reflecting the 
consensus of four of the five Islamic Center Councils was under 
consideration by parliament.

    Societal Abuses and Discrimination.--There were no reported acts of 
violence or discrimination against religious minorities during the 
year. There were no reports of anti-Semitic acts. The Jewish community 
numbered approximately 1,000 persons.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened. The 2006 asylum law cancelled the right of appeal for 
previously denied asylum seekers and the provisions for holding refused 
asylum seekers awaiting repatriation.
    The law provides for the possibility to grant temporary protection 
to individuals who may not qualify as refugees under the 1951 
Convention and the 1967 protocol. The Government did not grant such 
protection during the year.
    The Luxembourg Red Cross traditionally accompanies refused asylum-
seekers on their repatriation flights. During the year Red Cross 
workers accompanied eight such flights. On September 10, however, the 
Red Cross was unable to accompany a flight carrying 19 refused asylum-
seekers to Kosovo-allegedly because of the Government's late 
notification. The Red Cross also complained that the police conducted 
themselves in an intimidating manner during these operations. Late in 
the year representatives of the ministries of foreign affairs and 
justice met with the Red Cross to address the organization's concerns.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens the right to change their 
government peacefully, and citizens exercised this right through 
periodic, free, and fair elections based on universal suffrage.

    Elections and Political Participation.--National parliamentary 
elections are held at least every five years. The most recent national 
parliamentary elections, held in 2004, were considered generally free 
and fair. Political parties could operate without restrictions or 
outside interference.
    There were 14 women in the 60-member Chamber of Deputies and three 
women in the 15-member cabinet. There were 15 women in the 32-member 
Supreme Court.
    There was one citizen member of a minority group in the Chamber of 
Deputies and one citizen member of a minority group in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were no reports of government 
corruption during the year. The Ministry of Justice is responsible for 
combating government corruption. Public officials are not subject to 
financial disclosure laws.
    There is no law providing public access to government information; 
in practice the Government sometimes granted access of government 
information to public inquirers.
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 law prohibits discrimination based on race, gender, disability, 
language, or social status, and the Government effectively enforced it.

    Women.--The law prohibits rape, including spousal rape, and the 
Government enforced the law effectively. The legal penalties range from 
five to ten years' imprisonment.
    The law prohibits domestic violence, and the Government effectively 
enforced it. The law is gender neutral and provides that an abuser will 
be removed from the residence for 10 days; this can be extended an 
additional three months. Penalties may include fines and imprisonment. 
If a person approaches a nongovernmental organization (NGO) for 
assistance, the police are required to investigate. In 2007 there were 
approximately 435 cases of police intervention relating to spousal 
abuse and 216 police expulsions of the abusing spouse.
    The Government funded organizations that provided shelter, 
counseling, and hot lines. There are three hot lines for abused women. 
In 2007 government-sponsored NGO shelters provided refuge to 
approximately 300 women and 310 children. The Government also provided 
financial assistance to domestic violence victims.
    Prostitution is legal and was common, but the activities associated 
with organized prostitution, such as profiting from, aiding, or 
trafficking prostitutes are punishable by law.
    The law prohibits sexual harassment and requires employers to 
protect employees from sexual harassment. The law prohibits gender-
based job discrimination and harassment of subordinates by superiors. A 
variety of disciplinary measures against offenders are available, 
including dismissal. An employer's failure to take measures to protect 
employees from sexual harassment is considered a breach of contract, 
and an affected employee has the right to paid leave until the 
situation is rectified. Sexual harassment in the workplace was not 
widely considered a problem.
    Women enjoy the same legal rights as men, including rights under 
family law, property law, and in the judicial system. The law mandates 
equal pay for equal work; however, according to government reports, 
women were paid 14 to 16 percent less than men for comparable work. The 
Ministry of Equal Opportunity is responsible for protecting the legal 
and social rights of women. The Government continued a gender 
mainstreaming media campaign that began in 2005; for example, every 
household receives a brochure describing which authorities to contact 
in case of abuse.
    In December 2007 the Chamber of Deputies adopted a law on the 
principle of equal pay for men and women, conforming to a European 
Union directive requiring member states to adopt such legislation.

    Children.--The Government was strongly committed to children's 
rights and welfare. A law adopted on November 20 establishes a national 
children's bureau and strengthens support for assistance measures and 
services to assist children and their families.
    A physicians' organization estimated that approximately 200 cases 
of child abuse were reported in 2006, the latest year for which 
statistical data was available, resulting in about 60 children 
receiving medical treatment. A special police unit is responsible for 
the protection of minors, and two call centers-one government-run, the 
other NGO-administered-are available to child victims of abuse.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons. The law criminalizes trafficking in human beings for sexual 
exploitation, but does not offer a comprehensive and workable 
definition of the offense and omits some forms of exploitation, such as 
forced labor. The penal code provides for fines of 500 to 125,000 euros 
(approximately $700 to $175,000) and prison terms of one month to three 
years for facilitating a foreigner's illegal entry and residence 
through direct or indirect assistance; authorities may apply this law 
in cases of trafficking for purposes other than sexual exploitation. 
The law provides penalties from six months' to three years' 
imprisonment and monetary fines for trafficking. If there are 
aggravating circumstances, prison sentences can range up to ten years. 
Authorities indicated that laws against organized crime may also be 
used in trafficking cases.
    The country is a destination for women trafficked transnationally 
for the purpose of sexual exploitation. Source countries during the 
year primarily included Romania and Ukraine. During the year the 
Government identified nine victims of trafficking. At year's end 
authorities were prosecuting one perpetrator for trafficking, and had 
tried and convicted nine others for procuring prostitution and human 
trafficking.
    There were several trafficking cases during the year that resulted 
in conviction, fines, and prison sentences. For example, in April an 
Italian and a Romanian pimp charged with procuring prostitution and 
human trafficking were each sentenced to three years' imprisonment and 
a 4,000 euro ($5,600) fine.
    In April an Italian and a French pimp arrested in 2004 and charged 
with procuring prostitution and human trafficking were sentenced, 
respectively, to 100 days' imprisonment and a 5,000 euro ($7,000) fine, 
and 60 days and a 3,000 euro ($4,200) fine.
    In May two Italian pimps arrested in 2006 and charged with 
procuring prostitution and human trafficking were each sentenced to two 
years' imprisonment and a 5,000 euro ($7,000) fine.
    There are no government services specifically for victims of 
trafficking; however, two NGOs which were fully financed by the 
Government provided shelter and counseling assistance to women in 
distress. Although the country has no formal witness protection 
program, the Government took substantial measures to protect victims' 
physical safety and identities. After the court proceedings had 
finished, a criminal investigative unit specialized in trafficking in 
persons' investigations assisted victims in creating new identities and 
settling them abroad.
    The Ministry of Justice was responsible for the Government's 
antitrafficking efforts, in cooperation with the ministries of foreign 
affairs and equal opportunity as well as NGOs.
    In April the Government launched a public outreach campaign about 
trafficking in persons, highlighted by advertisements at bus stops 
depicting a nude girl under shrink wrap, as though she were for sale at 
a grocery store meat or fish counter, with the slogan: ``If you hire a 
prostitute, you are financing human trafficking.'' In November all 
newspapers again published the advertisement. The ads were widely 
discussed.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 the 
Government effectively enforced these provisions. The law does not 
require government or privately owned buildings to be accessible to 
persons with disabilities, but the Government subsidized builders to 
construct ``disabled friendly'' structures. Despite these incentives, 
only a small proportion of buildings and public transportation vehicles 
had been modified to accommodate persons with disabilities. Aid for 
Handicapped Children, an NGO, advocates for the protection of the 
rights of persons with disabilities.
    There are laws establishing quotas requiring businesses that employ 
more than 25 persons to hire workers with disabilities and pay them 
prevailing wages, but the Government acknowledged that these laws were 
not applied or enforced consistently.

    Other Societal Abuses and Discrimination.--There were no reports of 
official or societal discrimination based on sexual orientation.
    There were no reports of official or societal discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and workers exercised these rights. The law 
allows unions to conduct their activities without interference, and the 
Government protected this right in practice. Approximately 50 percent 
of the workforce (including trans-border workers) was unionized. The 
law provides for the right to strike, except for government workers who 
provide essential services, but no strikes occurred during the year. 
Legal strikes may occur only after a lengthy conciliation procedure 
between the parties. For a strike to be legal the Government's national 
conciliation office must certify that conciliation efforts have ended.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to collective bargaining, and workers exercised 
this right freely. Approximately 66 percent of workers were under 
collective bargaining agreements. There were no reported examples of 
antiunion discrimination.
    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 trafficking in women for sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively implemented laws and policies to protect 
children from exploitation in the workplace. 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 enforced the child 
labor laws.

    e. Acceptable Conditions of Work.--The national minimum wage for a 
single worker over the age of 18 was 1,609 euros (approximately $2,225) 
per month for unskilled workers and 1,931 euros ($2,700) 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 is 
required for overtime or unusual hours. Sunday employment is permitted 
in continuous-process industries (steel, glass, and chemicals) and for 
certain maintenance and security personnel; other industries must 
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. 
The labor inspection court and then the Superior Court of Justice are 
responsible for enforcing these laws.
    The law mandates a safe working environment. An inspection system 
provided penalties for infractions. The labor inspectorate of the 
Ministry of Labor and the accident insurance agency of the social 
security ministry carried out effective inspections. No laws or 
regulations specifically provided workers with the right to remove 
themselves from dangerous work situations without jeopardy to their 
continued employment; however, every worker has the right to ask the 
labor inspectorate to make a determination regarding workplace safety, 
and the inspectorate usually did so expeditiously.

                               __________

                               MACEDONIA

    The Republic of Macedonia is a parliamentary democracy with a 
population of approximately 2.1 million. The president, who is 
popularly elected, is head of state and commander in chief of the armed 
forces. A unicameral parliament (Sobranie) exercises legislative 
authority. The June 1 parliamentary elections failed to meet key 
Organization for Security and Cooperation in Europe (OSCE) commitments 
due to incidents of violence, intimidation, and electoral 
irregularities. The country held two additional rounds of elections on 
June 15 and June 29 in polling stations in which votes were 
invalidated, primarily in northwestern Macedonia. The election 
reconfirmed Prime Minister Nikola Gruevski, who headed a multiethnic 
governing coalition. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Rule of law 
problems were seen in judicial and police procedures, including 
criminal detentions. Enactment of judicial reforms continued to be 
delayed, and political pressure and intimidation hindered the 
effectiveness of the judiciary. Harsh government criticism of media 
coverage viewed as ``antipatriotic'' negatively impacted freedom of the 
press. Tensions between the ethnic Macedonian and Albanian populations 
continued to impact areas including education, employment, and 
political participation.
                        respect for 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
credible reports that police at times used excessive force during the 
apprehension of criminal suspects and that they abused prisoners.
    During the year the Professional Standards Unit (PSU) conducted 
investigations in four cases of use of excessive force by police 
officers. In February the PSU visited 20 police stations and made 
recommendations on measures to prevent possible police misconduct.
    In August the PSU began an investigation in an August 1 case of a 
police inspector from the Tetovo Sector for Internal Affairs (SVR) 
alleged to have used excessive force against a citizen. The PSU 
recommended that the Chief of the Tetovo SVR initiate a disciplinary 
procedure against the police inspector, which was ongoing at year's 
end.
    In late March the PSU began an investigation of a citizen's 
complaint that an officer beat him in a Resen police station on March 
21. Due to difficulties in documenting the case, the PSU sent a special 
report to the public prosecutor, and at year's end was awaiting the 
prosecutor's decision on possible criminal proceedings against the 
officer.
    On February 1, the PSU began an investigation of an officer from 
the Police Protection Department for physically abusing a citizen in a 
Skopje coffee bar on January 28. The PSU recommended suspending the 
officer from the police force. The Ministry of Interior's Suspension 
Commission fined the officer by decreasing his salary 15 percent for a 
period of six months.
    From December 2007 throughout January, the PSU investigated a 
Prilep police officer accused of using excessive force and verbal 
threats against a citizen in police custody in December 2007, causing 
him bodily injuries. The PSU recommended that the Suspension Commission 
of the Ministry of Interior determine criminal liability. The 
commission fined the officer with a 15 percent salary reduction for a 
period of nine months.
    The PSU reported that citizens filed 137 complaints of police 
misconduct during the year, including 64 alleging excessive force. 
Citizens filed 243 complaints related to police conduct with the Office 
of the Ombudsman during the year.

    Prison and Detention Center Conditions.--Prison conditions barely 
met international standards. Significant problems noted by 
international observers included poor hygienic conditions and medical 
care, inadequate state funding and staffing, and overcrowding, 
including at the Skopje detention center. International observers 
indicated that there was increased funding for improvement of prison 
conditions, including expansion and refurbishment projects at several 
detention facilities, but that conditions for prisoners had not yet 
improved.
    On November 4, the Council of Europe's Committee for the Prevention 
of Torture (CPT) published a report on its June 30 to July 3 visit to 
the country's prison and detention facilities. The report criticized 
the country's lack of progress in addressing previous CPT concerns, 
such as the use of chains and insufficient supervision of inmates, and 
characterized the treatment in Idrizovo prison as ``inhuman and 
degrading.''
    On September 10, the CPT published a report of its October 2007 
visit to the country's prisons and detention facilities. The report 
stated that the conditions were deplorable. The group cited chaining 
prisoners as a means of constraint as a particular problem.
    In the pretrial detention facility in Skopje, juveniles and adults 
shared the same common spaces.
    Three prisoners died in Idrizovo prison during the year and one 
prisoner died in Tetovo prison. In the Idrizovo deaths, prisoners and 
family members of the deceased cited delays in medical treatment in the 
cases.
    On June 23, journalist Vlado Tanevski, who was in Tetovo prison in 
pretrial detention on multiple murder charges, reportedly committed 
suicide. Prison officials found Tanevski drowned in a bucket of water. 
Prison officials have not made the results of the forensics 
investigation public.
    The Government usually granted independent humanitarian 
organizations permission to visit convicted prisoners, including the 
CPT and the International Committee of the Red Cross (ICRC), and the 
ombudsman's office. The law allows family members, physicians, 
diplomatic representatives, and representatives from the CPT and ICRC 
access to pretrial detainees with the approval of the investigative 
judge. Judges usually granted permission, but sometimes did not do so 
in a timely manner.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, arbitrary arrest and detention were 
problems.

    Role of the Police and Security Apparatus.--The national police are 
a centralized force, under the Ministry of the Interior, consisting of 
uniformed police, criminal (civilian) police, and border police. Ethnic 
imbalance remained in the police force. At year's end, 20.3 percent of 
the force consisted of ethnic minorities, short of the Government's 25 
percent recruiting quota for minority officers. Ethnic Albanians made 
up 25 percent of the population and constituted approximately 16 
percent of the police force.
    International observers and local nongovernmental organization 
(NGOs) cited corruption, lack of transparency, and political pressure 
within the Ministry of the Interior (MOI) as hindering efforts to fight 
crime, particularly organized crime. International organizations 
focused their assistance programs on police reform and training to 
professionalize the Ministry and aid in fighting corruption.
    Police impunity remained a problem, although there were 
improvements. More aggressive internal investigations, coupled with the 
work of the ombudsman, reduced impunity again this year.
    The PSU conducts all internal affairs investigations and 
allegations of police misconduct. Unit officials were slow to complete 
investigations and bring charges in outstanding human rights cases from 
previous years. Nevertheless, international observers noted continued 
improvements in the Interior Ministry's response to new cases of 
individual police misconduct and more frequent and consistent 
disciplining of officers found guilty.
    During the year the PSU recommended disciplinary action against 
officers in 90 cases. Of these, the MOI punished employees by reducing 
their pay (in 57 cases involving 96 employees), suspending them from 
the police force (in 10 cases involving 39 employees), and reassigning 
them (in 24 cases involving 53 employees). During the year the PSU 
submitted criminal charges against 75 employees for 70 criminal acts. 
The MOI has not confirmed how many of these charges the prosecutor 
accepted. Representatives from a number of international organizations, 
including the OSCE, the European Union (EU), and foreign governments 
continued to monitor police operations and advise the MOI on police 
reforms.

    Arrest and Detention.--The law requires warrants issued by an 
investigative judge for arrest and detention, and police generally 
followed those requirements in practice.
    The law provides that prosecutors must arraign a detainee within 24 
hours of arrest. Only an investigative judge, at the request of a 
prosecutor, may order detention of suspects for longer than 24 hours. 
The judge may approve two additional 24-hour periods. Police generally 
adhered to these procedures in practice.
    The law permits a detainee to contact a lawyer at the time of 
arrest and to have a lawyer present during police and court 
proceedings; in practice, the requirement that visits be approved by 
the investigative judge and comply with general visitation hours rules 
of the detention facilities hindered detainees' access to their 
lawyers. The law requires that authorities give indigent defendants 
access to attorneys, and authorities generally respected this 
requirement in practice.
    The law permits immediate family members access to detainees and 
access was generally provided, although it was not always prompt. As in 
the case of lawyers, the investigative judge must approve access.
    There were reports that police continued to call suspects and 
witnesses to police stations for ``informative talks'' without 
informing them of their rights. Most allegations of this practice 
involved accusations that police targeted the individuals for political 
reasons. Police did not arrest the individuals, nor hold them for 
extended periods of time.
    The MOI investigated a March 18 incident in which police took 12 
primary school students to a police station for ``investigative talks'' 
in a vandalism case without notifying their parents. The ministry 
initiated proceedings against the five officers involved in the case 
before the Dismissal Committee. The Committee decreased the five 
officer's salaries by 10 percent for a period of three months.
    There was a functioning bail system. The law sets the initial 
length of pretrial detention at 30 days, with possible extension to 180 
days if a council of three judges orders a 60-day extension for further 
investigation and a superior court offers an additional 90-day 
extension, allowed only in cases for which the crime under 
investigation is subject to a sentencing guideline of at least five 
years. However, individuals and some local NGOs alleged that judges 
increasingly abused their detention authority by ordering pretrial 
detention in cases where they could have utilized other means of 
guaranteeing the presence of defendants at trial (bail, home 
confinement, or relinquishment of the defendant's passport). During the 
year OSCE representatives reviewed a sample of 600 pretrial detentions 
and found that authorities properly documented only an estimated five 
percent of cases. In addition, there were some reports of government 
pressure on judges to order pretrial detention in certain instances, 
including against members of the political opposition. The increasing 
length of pretrial detention was a contributing factor in overcrowding 
in the detention facility in Skopje.

    e. Denial of Fair Public Trial.--The constitution and laws provide 
for an independent judiciary; however, the Government, political 
pressure, intimidation, and corruption influenced the judicial branch. 
Some judicial officials accused the Government of using its budgetary 
authority and modest allocations to the court system as instruments to 
exert control over the judiciary. The annual judiciary budget as a 
portion of the national budget declined from approximately 2 percent to 
1.2 percent from 2004-2008. During the year the judiciary budget was 
cut 34 percent in the ``goods and services'' category, making it 
difficult for the courts to purchase necessary equipment and supplies 
to support regular court operations. Chronic underfunding resulted in 
serious operational difficulties in the courts and hindered the 
delivery of timely and effective justice services to the public.
    The country has a three-tiered court system composed of trial 
courts, appellate courts, and the administrative court and the Supreme 
Court. The Constitutional Court, which was not considered part of the 
judicial branch, deals with matters of constitutional interpretation 
and certain human rights protection issues.
    The Government continued to delay the implementation of a number of 
judicial reform laws enacted in 2006 to enhance the independence and 
efficiency of the judiciary, resulting in reduced efficiency of the 
judiciary. Delays in the election of the Judicial Council, the body 
responsible for election, disciplining and removal of judges, postponed 
the establishment of both the new administrative court and an appellate 
court in Gostivar. Based on unofficial reports from government 
authorities, through June, trial courts decided only 30.6 percent of 
the 1.1 million cases on their books. The Law on Enforcement was 
amended on January 9 to transfer the backlog of enforcement cases the 
private bailiff system.

    Trial Procedures.--The law provides for the presumption of 
innocence. Court proceedings are open to the public with some 
exceptions, such as trials involving minors, sexual offenses, or in 
which the personal safety of the defendant is at risk. The country does 
not use juries. Judges preside over trials; two lay judges assist each 
judge in determining the verdict, although the judge generally makes 
the final decision regarding the sentence. Defendants have the right to 
consult an attorney in a timely manner in pretrial and trial 
proceedings. Authorities respected this right in practice at times; 
however, authorities sometimes did not grant access to attorneys in a 
timely manner. The law requires that courts provide indigent defendants 
an attorney at public expense, and authorities generally respected this 
requirement in practice. Defendants may question witnesses and present 
evidence on their own behalf. Defendants and their attorneys are 
entitled to have access to government-held evidence, but this did not 
always occur in practice. Defendants have a right to appeal guilty 
verdicts.
    The law provides that courts may try defendants in absentia as long 
as they repeat the trials if convicted individuals later become 
accessible to justice officials.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There was a partially 
independent judiciary in civil matters, and citizens had access to 
courts to bring lawsuits seeking damages for, or cessation of, human 
rights violations. The law provides for designated trial courts of 
extended jurisdiction, i.e., the appellate courts, the Supreme Court, 
and the new administrative court, to adjudicate citizens' lawsuits for 
various types of human rights violations. The administrative court, 
created to hear cases against state institutions, became operational in 
December 2007. Changes to the Law on Courts enacted on March 11 
provided for improved protection of citizens' right to timely 
adjudication of their court cases.

    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. However, the law prohibits speech 
that incites national, religious, or ethnic hatred, and the law 
provides penalties for broadcasters who violate these laws.
    Individuals could criticize the Government publicly or privately 
without reprisal, and the Government did not attempt to impede 
criticism.
    Media institutions and reporting were divided along ethnic and 
political lines, with the most striking divisions visible in reporting 
on controversial political issues. There were complaints and 
allegations of government pressure and even threats against media 
outlets that did not report favorably on the Government. Facing 
criticism for pressuring the media, ruling party VMRO-DPMNE announced 
on December 29 that it was dropping slander charges against twelve 
journalists. On June 22, the prime minister criticized Macedonian 
correspondents in Brussels for ``speculating at the expense of their 
own country'' and suggested the media should work in the country's 
interests. His statement triggered harsh criticism from the Macedonian 
Association of Journalists and the Vienna-based South East European 
Media Organization, citing interference with media independence.
    The independent media were active and expressed a wide variety of 
views without restriction. However, several commentaries and editorials 
on International Press Freedom Day (May 3) noted pressure from 
political and business interests as an impediment to a more independent 
press in the country. There were six major daily newspapers in 
Macedonian, one of which was distributed without cost, as well as three 
dailies in Albanian. None of these newspapers or other media were 
officially government controlled.
    International newspapers and magazines were available throughout 
the country.
    Macedonian Radio and Television (MRTV), which generally favored the 
Government's views on political issues, was the country's sole public 
broadcaster. There were five private television broadcasters with 
national coverage and 46 private local and regional television 
stations. In addition, the National Broadcasting Council issued ten 
licenses for satellite television broadcasting in August. Most of them 
broadcast news programs and reflected a variety of viewpoints. There 
were many independent radio stations. The number of news agencies and 
news portals continued to grow and all major broadcast and print media 
offered up-to-date web editions.
    The courts dealt with several cases of defamation, libel, and 
slander in accordance with 2007 legal changes that partially 
decriminalized these offenses, allowing only fines as penalties in such 
cases. In several cases, the court did not fine accused offenders who 
apologized before the court. On January 24, the Bitola basic court 
fined a journalist 720,000 denars (approximately $16,800) for 
publishing a police fine issued to a judge for driving under the 
influence of alcohol. The journalist appealed the court ruling on April 
7 and the case was ongoing at year's end. On December 22, a Skopje 
court fined law professor Ljubomir Frckoski 1.9 million denars 
(approximately $45,600) for slandering Prime Minister Nikola Gruevski 
in a column he published in the daily Dnevnik in 2007, criticizing 
Gruuevski's handling of the sale of a state-owned oil refinery when he 
was finance minister. NGO Reporters Without Borders criticized the 
decision as harmful to freedom of the press.
    On January 25, two assailants beat Goran Gavrilov, the owner of 
national radio station Kanal 77 and a cofounder of the Association of 
Private Electronic Media in Macedonia, in front of his home. Police 
pressed charges against three persons, including the owner of cable 
television stations Robi and Telekabel, for ordering the attack and for 
attempted murder. Gavrilov indicated the attack against him was due to 
Kanal 77's reporting on the conditions at cable station Telekabel, as 
well his efforts to regulate relations between cable operators and 
private broadcast media. In April, following a two-week trial, the 
court acquitted all three defendants due to lack of evidence. On 
October 14, the appellate court upheld the acquittals.
    On November 14, the trial began of the police officer accused of an 
attack on Alsat Television cameraman Igor Ljubocevski while he was 
filming police stopping a vehicle of a member of parliament in 
September 2007. Authorities suspended, but did not charge, three other 
officers in the incident.
    The trial proceedings in the September 2007 case of a security 
guard of political party Democratic Union for Integration (DUI) 
slapping A1 television journalist Lirim Dullovi while he covered 
developments in the parliament had not yet begun by the end of the 
year.
    On May 24, during the height of the preelection campaign, thieves 
stole six television transmitters belonging to Alsat Television and 
local television named ``Art'' outside of Tetovo. The Association of 
Journalists of Macedonia and international community representatives 
condemned the crime, characterizing it as an attempt to silence the 
media and deny citizens information about elections. The investigation 
into the cases was ongoing at the end of the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. The 
Government has sought to increase Internet use among the population. 
The Government operated state-owned internet cafes in almost every 
major city and town in the country that provided free Internet access 
to persons under the age of 27, women over the age of 62, and men over 
the age of 64. However, affordable Internet access remained out of 
reach for many. As of June Internet World Stats estimated that the 
country had about 685,000 Internet users, equal to 33 percent of the 
population.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice. For public gatherings of 
any kind, the organizers must notify the MOI so that the venue can be 
made secure.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right in 
practice.

    c. Freedom of Religion.--The constitution and a new law that 
entered into force on May 1, on the Legal Status of Churches, Religious 
Communities and Religious Groups provide for freedom of religion, and 
the Government generally respected this right in practice. The new 
religion law removes previous restrictions on the registration of 
religious organizations and allows for more than one religious 
community of any major faith tradition to be officially registered with 
the state and granted legal status. The law does not require a group or 
individual be part of a legally registered religious community in order 
to practice religion in public or in private. Implementation of the new 
law was lagging.
    The new law passed responsibility for approving registration 
applications of religious groups and communities from the State 
Commission for Relations with Religious Communities and Groups to the 
Skopje II basic court. The court assigned a single judge to handle the 
registration applications. By year's end the court received 10 
applications for new registrations of religious communities. In 
September the court had missed the 15-day deadline mandated by law for 
ensuring that applications were complete for all of the six 
applications received by that time. Following a determination that an 
application is complete, the law allows only eight days for 
registration of a new applicant. In September the presiding judge could 
not estimate when decisions would be made on the pending applications, 
and by year's end she had not approved any of the 10 applications.
    The law requires all entities, including religious ones, obtain 
permits to build a religious or other facility. In practice the 
Government generally did not take action against groups that 
constructed buildings without permits. A 2007 conflict related to 
ownership and use of a property by members of the Jehovah's Witnesses 
was resolved to the group's satisfaction with assistance of the State 
Commission on Relations with Religious Groups and Communities.
    The new religion law removed previous restrictions on establishment 
of places of worship, eliminating a previous requirement that a permit 
be obtained at least 15 days in advance for services in places not 
specified in the law.
    Members of the ``Orthodox Archbishopric of Ohrid,'' a group 
recognized by the Serbian Orthodox Church but without legal status, 
continued to claim undue monitoring and harassment based on its 
religious beliefs. Nuns and bishops of the community cited excessive 
delays at border crossings and reported that a border agent stated that 
the delays were due to their religious affiliation. In April 2007 
authorities freed the group's leader, Jovan Vraniskovski, imprisoned 
since August 2006 on embezzlement charges. Vraniskovski faces a third 
trial stemming from the 2006 embezzlement case. On March 17, the Veles 
court issued a detention order for Vraniskovski for failing to appear 
in court. Members of his church reported that he remained abroad.
    The law requires that foreigners entering the country with the 
intent to carry out religious work or perform religious rites receive 
approval from the State Commission on Relations with Religious 
Communities and Groups. 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. The commission then issues a letter of approval to be 
submitted with the visa request. The commission normally issued 
approvals within one week.
    The restitution of religious properties expropriated by the former 
Yugoslav government was not fully resolved. The Government returned 
virtually all churches and many mosques to the ownership of the 
appropriate religious community, but not other properties, such as 
larger parcels of land or community centers. Because properties had 
changed hands many times or had been developed restitution and 
compensation claims were often complicated. The Islamic Community of 
Macedonia (ICM) claimed it was not able to regain rightful use of 
several mosques that the Government agreed to return. In addition, the 
community alleged that in some cases the Government delayed the process 
of restitution by selling or starting new construction on disputed 
property and by disputing the historical legal claim of the community 
to religious properties. The Islamic community and the Macedonian 
Orthodox Church cited greater difficulty in regaining possession of 
previously owned property if it was in a desirable location for 
investors or business owners, particularly in urban areas. All 
properties/religious facilities that belonged to the Jewish community 
were restituted in 2002. In a groundbreaking agreement concluded in 
December 2007, the Jewish community agreed to accept 17 million euros 
(approximately $24 million) from the Government as compensation for all 
heirless Jewish property in the country after World War II. The Jewish 
community planned to use the funds to complete a Holocaust memorial and 
art center in Skopje.

    Societal Abuses and Discrimination.--There were isolated reports of 
societal abuses or discrimination based on religious affiliation, 
belief, or practice. However, unlike the previous year, there were no 
reports of vandalism of religious sites.
    On March 28, a pamphlet purporting to have been authored by the 
Prespa-Pelagonia Eparchate of the Macedonian Orthodox Church was 
delivered to an unknown number of homes in Bitola advising residents to 
ignore or threaten Jehovah's Witnesses who knocked on their doors.
    The Jewish community estimated that approximately 250 to 300 Jews 
lived in the country during the year. There were no reports of anti-
Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not use 
forced exile, internal or external.

    Internally Displaced Persons (IDPs).--The Government reported 736 
persons displaced during the 2001 internal conflict remained displaced. 
Of these, 324 lived in collective centers, and 412 were lodged with 
host families.
    IDPs received basic assistance, mostly from the Ministry of Labor 
and Social Policy (MLSP), but had few opportunities for engaging in 
income-generating activities due to the high overall unemployment rate 
in the country. The Government allowed IDPs access to domestic and 
international humanitarian organizations, and allowed them to accept 
assistance provided by those groups.
    During the year the Government continued to encourage IDPs to 
return to their homes of origin in areas the authorities considered 
safe. Some IDPs continued to assert that the Government was not 
providing adequate support to enable them to do so.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status to persons in accordance with the 1951 UN 
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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    A total of 1,772 asylum seekers, refugees, persons under 
humanitarian protection, and other persons of concern remained in the 
country from the 1999 conflict in Kosovo, most of them Roma.
    The Government granted refugee status in one case during the year. 
Since 2003, the Government has also granted asylum for humanitarian 
protection to individuals who may not qualify as refugees under the 
1951 convention or the 1967 protocol. At year's end, 1,128 persons from 
Kosovo were living under this status, subject to periodic review. There 
was a decline in the number of registered asylum seekers from 171 to 
100 due to grants of asylum for humanitarian protection to 75 persons, 
some voluntary repatriation and departures to unknown destinations, and 
some final rejections of asylum cases.
    According to UNHCR, 2007 and 2008 amendments to the asylum 
legislation decreased legal safeguards for asylum seekers. UNHCR 
characterized the quality of the refugee status determination mechanism 
as low and indicated that its two-stage appeals process was ineffective 
and resulted only in confirmations of first instance negative 
decisions. However, the Government did not deport any Roma asylum 
seekers whose asylum applications were rejected. Moreover, UNCHR 
reported overall progress in the fields of citizenship and reduction of 
de facto statelessness.
    The Government began to issue identity documents to asylum seekers, 
recognized refugees and persons under humanitarian protection and 
opened a new reception center for asylum seekers on June 4. The center 
provides shelter for new asylum seekers, but lacked a full range of 
support services. The law allows refugees and asylum seekers access to 
employment. Issuance of identity documents to asylum seekers, 
recognized refugees and persons under humanitarian protection removed 
one barrier to employment.
    On December 29, the Government adopted an integration strategy for 
refugees and persons under humanitarian protection.
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, generally free and fair elections held on the basis 
of universal suffrage. While the election code provides a generally 
sound basis for the conduct of democratic elections, it contains some 
incomplete and inconsistent provisions, especially those related to 
appeals processes.

    Elections and Political Participation.--On June 1, the country held 
national parliamentary elections. The country held two additional 
rounds of elections-in 187 polling stations on June 15, and in 15 
polling stations on June 29-as a result of a review y the State 
Election Commission (SEC) of reports of violence, intimidation, and 
serious irregularities. International observers characterized the 
elections as flawed, and the OSCE Election Observation Mission in 
Macedonia reported that the parliamentary elections did not meet key 
OSCE commitments. OSCE reported that the Government procedurally 
administered the elections well in most of the country, but cited a 
failure of some election stakeholders and relevant authorities to 
prevent violent acts in predominantly ethnic Albanian areas. OSCE and 
other international observers noted that voters in many locations were 
not able to freely express their will due to limited and selective 
enforcement of laws and organized efforts to violently disrupt the 
elections.
    During the campaign period, the security environment varied 
significantly between predominantly ethnic Albanian areas and the rest 
of the country. The OSCE report stated that the lack of a police 
response to numerous acts of violence and intimidation in predominantly 
ethnic Albanian areas created an atmosphere of impunity. Violent 
incidents in predominantly ethnic Albanian areas marred the June 1 
round of elections, with one person killed and several others injured. 
The security situation improved for rounds two and three of the 
elections, preventing violent incidents like those of June 1.
    Discrepancies between the 2006 election code and several laws 
passed since that time affected the appeals process in the 
parliamentary elections. OSCE noted that discrepancies in the judicial 
appeals process resulted in gaps in the protection of rights of 
electoral candidates, due to lack of clarity about which body was 
responsible for deciding on appeals as well as which specific actions 
by election bodies constitute final administrative acts and could thus 
be appealed.
    Some women from more traditional communities, particularly ethnic 
Albanians, were disenfranchised due to the practice of family or proxy 
voting by male family members on their behalf.
    There were 38 women in the 120-seat parliament and two women in the 
22-member Council of Ministers. The law requires that one in every 
three positions on each political party's list in both national and 
municipal elections must be from the less-represented gender.
    There were 29 ethnic Albanians, four Serbs, two Vlachs, one Turk, 
one Roma, and one Bosniak in the 120-seat parliament. There were eight 
members of minorities in the 22-member Council of Ministers.
    Due to political disputes, opposition parties stayed out of the 
parliament for a number of months. The opposition ethnic Macedonian 
party Social Democratic Alliance of Macedonia left the parliament on 
July 17 following the arrest of the party's vice president, Zoran Zaev, 
on corruption charges. The party called his arrest politically 
motivated, citing the MOI's alerting the media in order to subject him 
to a high-profile ``perp walk'' and manipulation of the judicial 
process to ensure he remained in preventive detention even when the 
presiding judge ordered authorities to release him. The party returned 
to the parliament on August 4 after the president, who also belonged to 
SDSM, pardoned Zaev.
    Ethnic Albanian opposition party Democratic Party of Albanians did 
not participate in the new parliament, which held its constitutive 
session on June 21, until October 9 in protest of the parliament's 
rushing through more than 150 laws using an emergency procedure, 
snuffing out any chance for debate.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials often engaged in corrupt 
practices with impunity.
    Instances of corruption in the police and judicial systems were of 
particular concern. On July 3, a Stip court sentenced Metodi Gocevski, 
a judge in the Vinica trial court, to one year in prison and sentenced 
state attorney Jordan Danilov to eight months in prison for abuse of 
position. The Judicial Council was in the process of reviewing 
misconduct allegations against seven other judges. Authorities brought 
criminal charges against four judges of the Stip trial court for 
mishandling of a bankruptcy case. The case was ongoing at year's end. 
On March 1, the Stip appellate court reversed a May 2007 decision to 
sentence Zoran Trajanov, chairman of the Kocani trial court, to one-
year in prison for abuse of position, due to procedural deficiencies. 
The judge sentenced Trajanov to eight months in prison in the retrial.
    During the year authorities filed or prosecuted several high 
profile cases of corruption. On February 26, a Skopje court found 
Metodija Smilenski, the former director of the bankrupt Export Import 
Bank, and Ljube Trpeski, the former governor of the Macedonian National 
Bank, guilty of corruption and sentenced them to four-and-a-half years 
in prison.
    On December 9, a Skopje court sentenced former Prime Minister Vlado 
Buckovski to 42 months in prison for abuse of authority. Buckovski 
immediately announced his intention to appeal the verdict. Since the 
sentence is less than five years, under the criminal code he can remain 
free while appealing the case.
    On May 22, authorities detained the former director general of the 
electric power supply company Elektrostopanstvo na Makedonija, Pande 
Lazarov, on charges of misuse of official position to gain kickbacks in 
procurement and money laundering. The investigation finished in late 
November, and the case will go to trial in early 2009. Lazarov began 
serving a home detention on November 11, pledging 500,000 euros 
(approximately $704,000) in property as bond.
    On February 22, a Skopje court sentenced former director of the 
Public Revenue Office Petra Miteva to three years in prison on charges 
of ``unethical operations.'' According to the charges, Miteva 
improperly purchased office space, leaving 35 million denars 
(approximately $820,000) unaccounted for. The appeal was pending at 
year's end.
    The State Commission for the Prevention of Corruption was 
responsible for investigating charges of corruption as well as 
complaints submitted by citizens. During the year the commission 
received 767 complaints concerning the work of state bodies, 
privatization procedures, judicial procedures, and other relevant 
cases.
    Members of parliament and high-ranking public officials were 
subject to financial disclosure laws.
    The law provides for public access to government information.
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.
    There are 4,429 domestic and internationally registered NGOs 
operated in the country, including Forum, Most, the Macedonian Helsinki 
Committee, and NGOs devoted to specific causes, including Romani 
rights, human trafficking, and voters' rights. NGO leaders expressed 
concern that the Government is seeking to serve as its own watchdog by 
creating parallel organizations to counter or replace the work of 
independent NGOs, specifically citing areas such as election 
monitoring, and monitoring the independence and effectiveness of the 
judiciary and the parliament.
    The OSCE-led international community efforts to engage the 
Government on human rights issues, and OSCE and EU monitoring missions 
continued to implement projects to improve relations between ethnic 
Macedonians and ethnic Albanians.
    The ombudsman's office has a mandate to reduce discrimination 
against minority communities and promote their equitable representation 
in public life. The ombudsman's office operated six local branch 
offices around the country. Its representatives have the legal right to 
visit all detained persons, including those in pretrial detention; 
individuals exercised this right without restraint during the year. The 
ombudsman found that government institutions violated individuals' 
rights in 499 cases out of the 3,022 complaints received during the 
year. Most cases concerned violations of judicial procedures, police 
abuse, and labor and property rights. The Government acted on the 
ombudsman's recommendations in over 80 percent of these cases but in 
some instances did not provide information that the ombudsman's office 
requested in the course of its investigations. For a second consecutive 
year, the ombudsman's office noted increased cooperation and 
communication with the Government compared to previous years, but 
reported that while government responses to its inquiries were usually 
timely, they were often not substantive.
    The Government generally cooperated with the International Criminal 
Tribunal for the former Yugoslavia (ICTY). On July 10, the ICTY 
acquitted former interior minister Ljube Boskovski and sentenced former 
police officer Johan Tarculovski to 12 years in prison on charges of 
complicity in the 2001 killing of ethnic Albanian civilians in 
Ljuboten. The ICTY also returned four files to the country's chief 
public prosecutor in cases against citizens of the country that the 
ICTY did not pursue.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on gender, 
race, disability, religion, or national, social, or political 
affiliation, and the Government generally enforced these provisions. 
Societal discrimination against ethnic minorities persisted and 
inadequate protection of women's rights remained a problem.

    Women.--While the law specifically prohibits rape, including 
spousal rape, conviction requires proof of both penetration and active 
resistance by the victim; however, legal sanctions were not a 
significant deterrent. The requirements for proof were more stringent 
than for other violent crimes. The penalties for rape or forcible 
sexual assault range from one to 15 years' imprisonment. As with 
domestic violence, police and judicial officials were reluctant to 
prosecute spousal rape, and many victims did not come forward due to 
social stigma.
    Domestic and other violence against women was a persistent and 
common problem. An NGO that maintained centers for victims of domestic 
violence reported increased use of their facilities by victims of 
domestic violence. MOI statistics for the first six months of the year 
also indicated an increase of reports of criminal acts and complaints 
of violence against women, as well as a decrease in actual offences, 
compared to the same period in 2007. There were 130 reports of physical 
violence, 1,409 reports of psychological violence, as well as three 
cases of rape reported in the first six months of the year.
    Cultural norms, including victims' concern over possible shame to 
the family, discouraged the reporting of violence against women, and 
victims of domestic violence rarely filed criminal charges. Although 
the law specifically criminalizes domestic violence and prescribes 
substantial punishments for violators, authorities rarely applied the 
law in practice. While the law provides for civil restraining orders to 
protect potential victims, there were reports that police officers were 
unaware of provisions of the law that allowed them to act to protect 
victims of family violence. Police often did not respond to allegations 
of domestic violence. The Government did not require domestic violence 
training for police, prosecutors, or judges; however, international 
organizations provided such training to a number of law enforcement 
officials.
    The Government operated six limited-capacity shelters for women at 
risk and assisted in funding a national NGO-operated hot line for 
victims of domestic violence in Skopje. In addition, there was an NGO-
operated shelter as well as a crisis center for temporary (24- to 4-
hour) shelter for victims of domestic violence. Local NGOs working to 
combat domestic violence relied to a large extent on international 
donor assistance. Public concern about violence against women was not 
generally evident in the media, although some women's groups worked to 
raise awareness of the problem.
    Prostitution is illegal; however, authorities did not always 
enforce the law. The Government deported some foreign women accused of 
prostitution and prosecuted some men for ``mediating'' in prostitution.
    Sexual harassment of women in the workplace was a problem, 
particularly in the private sector. Although the law does not 
specifically address sexual harassment, authorities could prosecute it 
as a criminal act under antidiscrimination laws; however, this did not 
occur in practice. Although women remained underrepresented in the 
higher levels of the Government and the private sector, there were 
several prominent professional women in the public sector, including 
the interior and culture ministers.
    The Department of Gender Equality in the MLSP was responsible for 
ensuring the legal rights of women. There were gender commissions at 
the municipal council level.
    Although the law requires men and women to be paid equally for 
equal work, wage discrimination against women remained pervasive, 
particularly in the private sector. While the law prohibits dismissal 
of women on maternity leave, discrimination against pregnant women 
continued in practice.
    Women from parts of the ethnic Albanian and Romani communities did 
not have equal opportunities for employment and education due to 
traditional or religious restrictions on their schooling and 
participation in society. In some ethnic Albanian communities, the 
practice of men voting on behalf of female family members 
disenfranchised women.
    Among other activities, women's advocacy groups worked to combat 
domestic violence through awareness-raising campaigns, increase women's 
political involvement by training female candidates for local elected 
office, improve women's access to legal services, and promote the 
establishment of small and medium enterprises owned by women.

    Children.--The Government was committed to the rights and welfare 
of children but provided only limited resources to this end. The 
ombudsman's office has a special unit for children that investigated 
complaints of violations of children's rights. The MLSP was responsible 
for children's welfare.
    In September secondary education became mandatory, and the law 
required students to attend school until the age of 18. Previously, the 
law required students to enroll only through the eighth grade or to the 
age of 16. The Ministry of Education reported that over 95 percent of 
children were enrolled in primary school; no official statistics were 
available on school attendance or the number of children who did not 
have access to education. While primary and secondary education is 
free, students had to provide their own books and other materials, 
except for families who benefited from social welfare. NGO programs and 
grants helped provide books and other school resources for Romani 
students.
    The Ministry of Education reported that over 95 percent of children 
who finished primary school continued to newly-mandatory secondary 
school. Minority students traditionally had lower attendance rates in 
secondary school due to lack of classes in minority languages at the 
secondary level and to the belief in many rural, ethnic Albanian 
families 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, 50 percent dropped 
out by the fifth grade, and only 25-32 percent finished the eighth 
grade. In ethnically mixed schools, educators taught Romani children in 
classes with other pupils, but in classes in the predominantly Romani 
neighborhood of Suto Orizari in Skopje, 95 percent of the students were 
Roma. At times officials sent Romani students to schools for children 
with special needs because educators judged that they lacked the 
minimum preparation to enter regular primary school.
    As in previous years, poor physical conditions of schools and 
insufficient classroom space were common complaints, particularly in 
the rural parts of the country. Students sometimes protested these 
conditions by refusing to attend school. Boys and girls generally had 
equal access to education, although there were isolated instances of 
discrimination against girls in educational institutions in some ethnic 
Albanian areas.
    Child abuse was a problem in some areas. During the year, according 
to MOI statistics, 96 cases of sexual abuse against children were 
reported, of which there were 52 cases of sexual assault, 15 cases of 
rape, 11 cases involving satisfying sexual urges in front of others, 
three cases of showing pornography to minors, and three cases of incest 
with a minor. The Center for Social Work of the MLSP and the Department 
for Juvenile Delinquency of the MOI were responsible for addressing 
child abuse. NGOs were also active in this area.
    Child marriage occurred with some frequency in the Romani community 
and less frequently in the ethnic Albanian community. It was difficult 
to estimate the extent of underage marriage in the Romani community 
because the Romani frequently did not register such marriages.
    Romani adults often organized their children into groups to beg for 
money at busy intersections, on street corners, and in restaurants and 
cafes.
    According to some estimates there were between 500 and 1,000 street 
children in the country; most of them were Roma. With international 
support, the MLSP operated a day center for street children.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, through, within, and from the country.
    Women and children were trafficked internally, mostly from the 
rural eastern part of the country to urban bars in the western part of 
the country. The majority of victims trafficked into the country were 
from Serbia, Kosovo, and Albania. Macedonian victims and victims 
transiting through Macedonia were trafficked to South Central and 
Western Europe, including Greece, Bosnia, Serbia, Italy, and Sweden.
    Authoritative statistics on the scope of trafficking were difficult 
to obtain due to the changed modus operandi of the traffickers. Less 
than one-third of all potential victims accepted assistance offered by 
the Government. Police raids and testimony by victims confirmed that 
traffickers subjected a small number of trafficking victims to threats 
and physical or psychological abuse. However, NGOs and international 
community representatives reported that, to ensure that they did not 
identify themselves as trafficked victims if police questioned them, 
traffickers increasingly arranged for their victims to reside in the 
country legally, paid them some money for their services, and granted 
them limited freedom of movement.
    It is a criminal offense to traffic persons for sexual 
exploitation, forced labor or servitude, or slavery. On January 15, the 
Government amended the criminal code, adding harsher penalties for 
those who traffic or attempt to traffic minors and for those who use 
the services of trafficked victims. The new law specifies a minimum 
sentence of eight years for persons convicted of the trafficking of 
minors or complicity in trafficking of minors for sexual exploitation, 
and a minimum of ten years for forced prostitution.
    The Government's National Commission for Prevention and Suppression 
of Trafficking in Persons and Illegal Migration was the lead 
coordinator for antitrafficking efforts. The MOI was the primary 
ministry involved in enforcement efforts, while the MLSP had primary 
victim protection responsibilities. Eight other ministries, the Chief 
Public Prosecutor's Office and court representatives also participated.
    The Government increased its law enforcement efforts related to 
trafficking and its aggressive prosecution efforts resulted in an 
increased number of arrests and convictions. Authorities discovered 
most victims of trafficking during police raids on bars and nightclubs. 
During the year police conducted 16 raids of suspicious bars in the 
western part of the country as well as makeshift apartments in towns 
near the southern border and discovered 99 potential trafficking 
victims. Local NGOs participated in the post-raid interviews and 
confirmed the police numbers.
    By the end of the year, 57 trafficking-related cases had been 
prosecuted, and 184 individual suspects had been put on trial for 
involvement in trafficking.
    NGOs, international organizations such as the International 
Organization for Migration, and a number of foreign embassies in Skopje 
participated in an antitrafficking steering committee led by the 
Government's antitrafficking commission.
    Since 2006, the Government considerably increased its efforts to 
identify trafficking victims. It identified 184 potential victims over 
the course of the year as well as 152 potential victims in 2007, up 
from 17 victims in 2006. The Government offered potential victims 
assistance, including shelter, legal and medical assistance, witness 
protection, psychological assistance, and vocational training. The law 
provides for an extended two-month resident permit and reflection 
period for foreign victims to allow them more time to receive 
assistance and decide whether to testify against their traffickers. The 
permit includes the option of an additional six-month extension once 
criminal proceedings are underway. To date, no foreign trafficking 
victims have utilized the reflection period nor requested the residency 
permit. On January 24, the Government formally adopted a new victim-
centered set of standard operating procedures for victim 
identification. The Government expanded its assistance to trafficking-
related NGOs.
    The Government proactively implemented an antitrafficking plan that 
included financial and personnel support for NGOs conducting 
antitrafficking prevention and awareness-raising campaigns, legislating 
tougher penalties for known clients of trafficking victims, and 
providing antitrafficking training to its military forces deployed 
abroad.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination on the 
basis of disability; however, persons with disabilities faced 
discrimination in employment, education, access to health care, and 
other state services. Laws require only that new buildings be made 
accessible to persons with disabilities. Many public buildings remained 
inaccessible. Inconsistent inspection procedures also resulted in 
construction of new facilities that were not accessible for persons 
with disabilities.
    Advocates stated that employers were reluctant to hire persons with 
disabilities and that the difficulty of accessing educational and other 
opportunities prevented them from fully integrating into society.
    Some members of parliament and NGOs continued to push for 
legislation to improve the circumstances of persons with disabilities, 
but there was little support from the Government.
    The MLSP is responsible for the integration of persons with 
disabilities into economic life and the payment of benefits. In 
practice the benefits that persons with disabilities received did not 
cover their cost of living and medical care. Advocates indicated that 
employment and life-skills training programs for persons with mental 
and physical disabilities were very limited and did not contribute 
significantly to their economic integration.

    National/Racial/Ethnic Minorities.--According to the 2002 census, 
the population was 64.2 percent ethnic Macedonian, 25.2 percent ethnic 
Albanian, 3.9 percent ethnic Turkish, 2.7 percent Romani, 1.8 percent 
ethnic Serb, 0.8 percent Bosniak, and 0.5 percent Vlach.
    Unlike the previous year, there were no reports of police violence 
against ethnic Roma and Albanian minorities. During the year, 
investigators uncovered additional details and the media released the 
police video that was leaked of the ``Mountain Storm'' police operation 
in the village of Brodec that confirmed reports of injuries to 
detainees due to beatings while they were arrested and in detention. 
The MOI opened an investigation, through its Sector for Internal 
Control and Professional Standards, covering both the treatment of the 
detainees and the leak. The MOI did not find that excessive force was 
used and did not bring charges against any of the officers involved. 
ICRC representatives visited the Brodec detainees in May, but did not 
release any information on the visit.
    According to the Romani NGO DROM (Roma Community Center), societal 
hostility toward Roma continued, but instances of direct attacks on 
Roma diminished significantly.
    Relations between the ethnic Macedonian majority and the ethnic 
Albanian minority continued to be strained. Interethnic tensions in 
secondary schools in Struga resulted in a month-long boycott by ethnic 
Macedonian students who sought ethnically separated shifts and classes 
in March. High-level government involvement in a series of community 
and school board meetings and a Ministry of Education decision to 
impose sanctions including expulsion or annulment of the academic year 
resulted in the students' return to classes before the end of the 2007-
2008 academic year. Struga students again protested at the start of the 
2008-2009 school year in support for ethnic separation in their 
schools, but returned to classes under a second temporary agreement.
    Students from different ethnic groups sometimes studied in separate 
shifts or at separate facilities, either due to use of different 
languages of instruction or at their parents' request.
    Ethnic Albanians continued to complain of official discrimination. 
They were concerned about the slow progress in reaching what they 
considered to be equitable representation in government ministries, 
while ethnic Macedonians often claimed that employers targeted them for 
reverse discrimination downsizing regardless of job performance. Some 
ethnic Albanians claimed that discrimination in citizenship decisions 
effectively disenfranchised them.
    The Government includes a deputy prime minister for implementation 
of the 2001 Ohrid Framework Agreement, which provides for protection of 
minority rights and integration of all sectors of society. The 
Government also includes a secretariat that has authority to hold 
accountable those state institutions that do not comply with the 
strategy for equitable minority representation.
    According to the secretariat, there were 575 new public 
administration jobs advertized and 245 new jobs offered to ethnic 
minorities during the year under the equitable representation 
requirements of the Ohrid Framework Agreement. Ethnic minorities 
account for 16.5 percent of employees of state institutions. Only one 
quarter of the budgeted 240 million denars (approximately $5.6 million) 
was used by the secretariat during the year. The Government adopted a 
budget of 222 million denars ($5.2 million) the secretariat for 2009.
    Ethnic Albanians remained underrepresented in the military and 
police, especially in the intelligence and counterintelligence 
agencies, although special efforts were made to recruit qualified 
minority candidates.
    On July 25, the Government adopted a new language law that 
consolidated previous language use provisions from a variety of laws 
and regulations and provided that a minority language could, for the 
first time, be used in chairing committees of the parliament and in 
documents distributed in the parliament. The new law incorporates 
previously existing provisions that require the languages of ethnic 
minorities to be recognized as additional official languages in areas 
where those minorities comprise at least 20 percent of the population. 
In those areas citizens have the right to communicate with local 
offices of the central government in the language of the minority group 
and to 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; this did not always occur 
in practice.
    The law 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 minority 
students who received secondary education in their native languages 
continued to increase, especially after secondary education became 
mandatory.
    Ethnic minorities remained underrepresented at the university 
level, although there has been progress in increasing the number of 
minority students since the 2004 recognition of the predominantly 
ethnic Albanian Tetovo State University.
    Ethnic Turks also complained of governmental, societal, and 
cultural discrimination. Their main concerns were slow progress in 
achieving equitable representation in government institutions, the 
absence of Turkish majority municipalities in the 2004 municipal 
redistricting, and the inadequacy of Turkish-language education and 
media.
    Roma complained of widespread societal discrimination. NGOs and 
international experts reported that employers often denied Roma job 
opportunities. These experts also indicated that Roma lacked access to 
public welfare funds. Romani NGOs also reported that in some parts of 
the country, proprietors occasionally denied Roma entrance to 
establishments such as restaurants, cafes, and public swimming pools.
    Roma had the highest rate of unemployment and the lowest personal 
and family incomes, were the least educated, and had the highest 
mortality rates of any ethnic group.
    In August the MLSP established a Unit for the implementation of the 
national strategy the Roma Decade. For the first time since developing 
an action plan for the Roma Decade in 2005, the Government committed 
funding-24 million denars (approximately $560,000)-to programs to 
assist the Romani community in areas of education, housing, employment, 
and infrastructure development. The Government also continued to fund 
Roma information centers in eight cities that directed Romani 
individuals to educational and health care resources and to sources of 
social welfare funds.
    Increased NGO and government funding to eliminate barriers to 
education for Romani students resulted in a sharp increase in school 
attendance among Romani students at the start of the 2008-2009 academic 
year.

    Other Societal Abuses and Discrimination.--Activists representing 
the rights of homosexuals reported incidents of societal prejudice 
against homosexuals, including harassment or discrimination by 
employers and state officials. The press carried antigay articles and 
television stories.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form and join independent unions, and workers did so in practice.
    Unions may freely register with the MLSP. More than 50 percent of 
the legal workforce was unionized, and unions were particularly well 
represented in the public sector. There were two major union 
federations, the Confederation of Trade Unions of Macedonia (SSM) and 
the Confederation of Free Trade Unions (KSS). Several unions were not 
affiliated with either of the two confederations, including unions of 
journalists, police officers, farmers, financial sector workers, and 
health care workers.
    The law provides for the right to strike, and workers exercised 
this right in practice. The law allows members of the military and 
police to strike, but only if they adhere to restrictive guidelines and 
continue to perform essential services. However, the law on labor 
relations allows private employers to ``exclude'' or temporarily 
release up to two percent of a company's workers during a strike if the 
company considers these workers to be potentially violent or 
disruptive. The released workers would be rehired after the strike. The 
unions maintained that this provision allows employers to exclude union 
leaders from negotiations during a strike.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference; however, the 
Government did not always actively enforce these laws in practice. The 
law protects the right of employees to bargain collectively, and most 
branch and local unions had collective bargaining agreements. All 
legally employed workers were covered by one of two collective 
bargaining agreements, one for public sector employees and the other 
for private sector employees. Although collective bargaining took 
place, employees had very little practical negotiating leverage due to 
the country's weak economic environment, and many collective bargaining 
agreements failed to keep pace with changes in the environment and 
workplace.
    In the private sector, branch unions negotiated at the national 
level with the respective branches of the chambers of commerce, and 
local unions negotiated with individual companies. The law prohibits 
antiunion discrimination; however, it existed in practice. In some 
cases former employees accused private companies of firing workers for 
participation in union activities, although the companies usually had 
other justifications. Because of the delays in the court system, it 
could take a worker who was unjustly fired two to three years to regain 
employment through legal action.
    Employers were rumored at times to have interfered in the internal 
affairs of unions by dominating union election campaigns or running 
their own candidates in union elections.
    There is one export processing zone where one foreign-owned company 
began operating this year, and where four other companies were in the 
process of building factories. There were no special laws or exemptions 
from regular labor laws in the zone.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
media reports that such practices occurred. Women and children were 
trafficked for commercial sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While there are laws and policies to protect children from exploitation 
in the workplace, including a prohibition of forced or compulsory 
labor, government enforcement was uneven. The law mandates a prison 
sentence of at least eight years for anyone who buys, sells, keeps, or 
takes children or minors for the purpose of exploitation.
    The minimum age for employment is 15 years. The law prohibits 
employing minors under the age of 18 in work that is detrimental to 
their physical or psychological health and morality. The law also 
prohibits minors under the age of 18 from working nights or more than 
40 hours per week.
    There were no official reports of illegal child labor during the 
year; however, there was evidence that such labor was used in the gray 
economy, primarily involving children who begged and sold cigarettes 
and other small items at open markets, in the streets, and in bars or 
restaurants, sometimes at night. The children involved in these 
activities were primarily Roma and most often worked for their parents. 
Officials did not punish such violations, and children remained 
vulnerable to exploitation. A 2005 report funded by the UN Children's 
Fund estimated that approximately 500 children worked in such 
activities.
    Minors were sometimes trafficked for commercial sexual 
exploitation.
    The MLSP was responsible for enforcing laws regulating the 
employment of children. Government efforts to eliminate child labor 
abuse have been largely ineffective; while the necessary laws are in 
place, there has been little practical implementation of the policy and 
laws.
    During the year the Government funded two centers in Skopje that 
provided education, medical, and psychological services to children who 
work on the street. NGOs funded two additional centers for children in 
Skopje with support from the Government. International donors supported 
programs to prevent children from working on the street and to increase 
school enrollment of children at risk for such work.

    e. Acceptable Conditions of Work.--The country does not have a 
national minimum wage established by law. The average monthly wage at 
the end of 2007 according to official statistics was estimated to be 
15,759 denars (approximately $369), which did not provide a decent 
standard of living for a worker and family. The Government statistics 
office estimated that approximately 30 percent of the population lived 
below the poverty line in 2006, the most recent year for which data 
were available.
    The law establishes a 4-hour workweek with a minimum 24-hour- rest 
period and vacation and sick leave benefits. Employees may not legally 
work more than 10 hours of overtime per week, 20 hours per month, or 
190 hours per year. According to the collective agreement between the 
Government and the SSM, employees have a right to overtime pay of 135 
percent of regular pay. In addition, employees who work more than 150 
hours of overtime per year are entitled to a bonus of one month's 
salary. However, high unemployment and difficult economic conditions 
led many employees to accept work that did not comply with the law. In 
particular, small retail businesses often required employees to work 
well beyond the legal limits. During the year the Labor Inspectorate of 
the MLSP filed complaints against several private businesses for 
forcing workers to work long hours without the breaks required by law 
and for not legally registering all employees. In the case of such 
violations, labor inspectors have the legal authority to close an 
establishment until the violations are corrected. In cases of repeated 
violations, the owners can be fined. During the year authorities 
temporarily closed over 1,000 companies due to labor violations and 
nonregistered workers. No record of the number of employers fined was 
available.
    The MLSP did not strictly enforce laws and regulations on worker 
safety. While workers have the legal right to remove themselves from 
situations that endanger their health or safety without jeopardy to 
their future employment, employers did not always respect this right in 
practice.

                               __________

                                 MALTA

    Malta is a constitutional republic and parliamentary democracy with 
a population of approximately 400,000. The president is the head of 
state and is appointed by the unicameral parliament. The president 
appoints as prime minister the leader of the party that gains a 
majority of seats in parliamentary elections. General elections held on 
March 8 were free and fair. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were reports that the Government detained 
irregular migrants under poor conditions. Societal problems included 
child abuse and 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 that the Government or its agents committed arbitrary or 
unlawful killings.
    Following the death of an escaped detainee in April, two 
independent inquiries concluded that he had not been assaulted while in 
police custody and that his injuries were compatible with a fall from a 
substantial height which took place after his escape.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices. However, 
authorities charged four prison wardens at the Government correctional 
facility with assault in an August incident that left a prisoner 
seriously injured after he was returned to the facility following an 
escape attempt.
    An investigation continued into allegations that police beat two 
migrants in June. Authorities suspended one officer, and four others 
were under investigation. The press reported that formal charges 
against the officers might be forthcoming, but none were filed by 
year's end.
    During the year the Office of the UN High Commissioner for Refugees 
(UNHCR) worked with authorities to provide additional training on 
handling detainees. This was a follow up to a September 2007 report by 
the Council of Europe's Committee for the Prevention of Torture (CPT), 
which cited evidence that soldiers used excessive force to break up a 
2005 demonstration by 80 to 90 irregular migrants who were in 
detention.

    Prison and Detention Center Conditions.--While prison conditions 
generally met international standards, there continued to be reports 
that conditions in government run detention centers for irregular 
migrants were in poor condition. Irregular migrants, in this case, were 
persons seeking to emigrate from Africa to the European Union (EU) who 
were intercepted and brought to the country by the Armed Forces of 
Malta.
    Several European and international organizations, including the 
CPT, the UNHCR, and the EU, criticized the conditions in which 
irregular migrants were held. Problems reported included overcrowded 
and unsanitary prison space, guards insensitive to the lack of 
separation of men and women in confined spaces, the absence of 
meaningful vocational or recreational activity within the centers, and 
the lack of access to legal counsel. The UNHCR and the CPT made 
recommendations to rectify these problems, and the Government took some 
action. It completed renovating two of the four warehouses at Safi 
Barracks, where approximately 1,000 of the irregular migrant detainees 
were being held as of August, and it provided all detainees with their 
own mattresses. UNHCR representatives regularly met with government 
officials concerning detention conditions and formed a working group to 
address the situation, although the group had not met as of year's end.
    There was no reported follow up on the assertion in the CPT's 2007 
report that individuals who had sought and been denied asylum were 
detained for up to 40 days in the basement of Luqa International 
Airport in a room that should not have been used for periods of 
detention longer than 24 hours.
    The Government generally permitted visits to detention centers by 
independent human rights observers, although no visits were reported 
during the year. Press and foreign government officials were granted 
access to the Safi Barracks.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the police force, the Security 
Service, and the armed forces, and the Government has effective 
mechanisms to investigate and punish abuse and corruption. There were 
no reported problems related to impunity within the police force or 
Security Service.

    Arrest and Detention.--An arrest warrant issued by a magistrate is 
generally necessary to detain a person for questioning and may be 
issued on the basis of reasonable suspicion. According to the 
constitution, police must either file charges or release a suspect 
within 48 hours; in all cases authorities must inform detainees of the 
grounds for their arrest. These requirements were generally respected 
in practice. During the 48 hour detention period, arrested persons have 
neither the right to legal counsel nor to meetings with family members. 
Once charges are filed, pretrial detainees are granted access to 
counsel and family visits. Authorities adjudicated bail requests on a 
case by case basis but normally granted them.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected this 
provision in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair and public jury trial, and an independent judiciary generally 
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 and their lawyers have access to government 
held evidence relevant to their case. Defendants may confront witnesses 
and present evidence; defendants enjoy a presumption of innocence and 
have the right to appeal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution provides 
for an independent and impartial court in civil matters, including for 
the determination of civil rights or obligations, and for access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. Access in the case of a breach of human rights is 
also covered under the European Convention Act, which incorporates the 
European Convention of Human Rights. The Government generally respected 
these rights.

    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. The law prohibits foreign financial 
support, speakers, equipment, or printed materials for political groups 
during election campaigns, although this provision was rarely enforced. 
An independent press, an effective judiciary, and a functioning 
democratic political system combined to ensure freedom of speech and of 
the press.
    On March 27 Norman Lowell, who represented a far right political 
party, was given a suspended jail sentence and fined 500 euros 
(approximately $700) on three charges of inciting racial hatred. A 
similar charge against Paul Salomone, arising from allegedly racist 
comments he made at a 2006 protest against immigration, was pending in 
the courts at year's end.
    George Tabone, information secretary for the far right Azzjoni 
Nazzjonli (AN), accepted responsibility and paid a fine of 870 euros 
(approximately $1200) for comments made by AN's international 
secretary, Keith Caruana, on a television program that Tabone was 
hosting. The subject of the program was ``Is Multiculturalism a 
Threat?'' Caruana described asylum seekers as ``a bunch of criminals.''
    The independent media were active and expressed a wide variety of 
views without restriction. International media operated freely.
    The Times of Malta reported on December 31 that police warned 
participants in a December 30 demonstration against the Israeli bombing 
of Gaza, that if they did not cease chanting such slogans as ``Down 
with the USA'' and ``Down with Israel,'' the demonstration would be 
terminated.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. 
Internet use was widespread; an estimated 53 percent of households and 
90 percent of schools (state, church, and private) had Internet access. 
Several Internet cafes and many blogs operated freely throughout the 
island.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. The constitution establishes Roman Catholicism as the state 
religion; however, numerous non Catholic religious groups, including an 
Islamic community, various Protestant denominations, and a small Jewish 
community, practiced their faiths freely.

    Societal Abuses and Discrimination.--There were no reports of anti 
Semitic acts during the year. The Jewish community numbered 
approximately 120 persons.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government generally cooperated with the UNHCR and other 
humanitarian organizations in providing protection and assistance to 
refugees, asylum seekers, stateless persons and other persons of 
concern.
    The constitution prohibits forced exile, and the Government did not 
employ it.

    Protection of Refugees.--The law provides for granting asylum or 
refugee status to persons in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government provided a secondtier status, granting some 
asylum seekers humanitarian protection but not family reunification, a 
path to citizenship, or other benefits of refugee status under the 1951 
Convention.
    The Government generally excluded asylum requests by nationals of 
countries of origin it considered safe. Such applicants may apply to 
the refugee commissioner for reconsideration within seven days of 
notification by authorities. In such cases, the Office of the Refugee 
Commissioner calls applicants for a full interview and examination of 
their claims before ruling on their application.
    In practice, the Government provided some protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be potentially threatened.
    The Government also provided temporary humanitarian protection to 
individuals who may not qualify as refugees under the 1951 convention 
or the 1967 protocol; temporary humanitarian protection was granted to 
1,257 persons from January through October.
    Authorities detained irregular migrants for up to 12 months after 
they arrived in the country. Such migrants had two months to file 
asylum claims and were detained while their cases were processed. 
Authorities could detain irregular migrants who had not applied for 
asylum and those whose asylum applications and appeals had been 
rejected, only during the first 18 months following their arrival in 
the country; after 18 months they were released, whether or not police 
had arranged to repatriate them.
    Individuals awaiting decisions on their cases occasionally 
protested their detention or attempted to escape from detention 
centers. In February a group of irregular migrants staged a protest at 
the Ta'Kandja detention center. They were protesting the country's 
lengthy detention practices. There were no reported injuries and police 
made no arrests.
    Authorities usually moved children, pregnant women, elderly 
persons, and parents with infants to ``open centers'' where they were 
free to move about shortly after their arrival in the country. The 
armed forces are responsible for the management of the closed detention 
centers and report directly to the Ministry for Justice and Home 
Affairs, while the Organization for the Integration and Welfare of 
Asylum Seekers (OIWAS), a part of the Ministry for Social Policy, has 
responsibility for the welfare and accommodation of persons transferred 
from detention centers to the open centers.
Section 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 the basis of 
universal suffrage.

    Elections and Political Participation.--Parliamentary elections on 
March 8 were free and fair. Political parties operated without 
restriction or outside interference.
    There were six women in the 65 seat parliament and two in the 14 
member Cabinet of Ministers. Approximately 13 percent of senior 
government officials were women, and two women held ambassadorial rank. 
There were six female magistrates.
    There were no members of minorities in the Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption during the year.
    During the year two public officials of the Malta Environmental and 
Planning Authority, Philip Azzopardi and Anthony Mifsud, and a Malta 
Tourism Authority consultant, George Micallef, were charged with 
irregularities in the case of a discotheque development project. The 
officials resigned their positions.
    Government officials were subject to financial disclosure laws; the 
court has the right to order financial disclosure, depending on its 
judgment of the circumstances. The police and the Permanent Commission 
against Corruption were responsible for combating official corruption.
    There were no laws providing general access to government 
information. The law provides access for the press and the public to 
certain government held information. The Government retained discretion 
to release information that does not fall under these sector specific 
laws and generally provided access to such information.
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 human 
rights abuses. Government officials were cooperative and generally 
responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination based on race, gender, 
disability, language, or social status, and the Government generally 
enforced the law effectively. There were incidents of child abuse and 
trafficking in persons.

    Women.--Rape, including spousal rape, is a criminal offense, and 
the Government effectively prosecuted such crimes. The crimes of rape, 
spousal rape, and indecent assault carry sentences of up to 10 years in 
prison. Rape was not perceived to be a widespread problem. However, 
there were convictions for rape during the year.
    From January through July, the police domestic violence unit 
received 224 reports of domestic violence, up from 183 during the same 
period in 2007. The law prohibits domestic violence, and the Government 
effectively enforced it. Penalties ranged from three months to 20 years 
in prison. Some nongovernmental organizations (NGOs) and victims' 
assistance advocates asserted that domestic violence was underreported, 
primarily because of societal attitudes and the attitudes of law 
enforcement and medical service personnel. According to the NGOs, women 
were afraid to report the crime because they feared that they would not 
be believed or protected.
    A special police unit and several voluntary organizations provided 
support to victims of domestic violence. There was a hot line to assist 
victims of abuse through counseling and shelter referrals. The 
Government also supported victims through the Ministry for Social 
Policy. A government supported shelter for women and children was in 
operation throughout the year; the Government also provided financial 
support to other shelters, including one operated by the Catholic 
Church.
    The law prohibits prostitution, and the Government effectively 
enforced it. The law provides for sentences of several months to two 
years in prison. From January through June, the police arraigned 27 
persons on 49 charges (counting repeat arrests) for offences related to 
prostitution. There were a number of prosecutions during the year.
    Sexual harassment is unlawful and is punishable by a 2,329 euro 
fine (approximately $3,260), six months' imprisonment, or both.
    Women enjoy the same legal rights as men in the judicial system, 
including, but not limited to, family and property law. Redress in the 
courts for sexual discrimination was available. The Ministry for Social 
Policy and the National Commission for the Promotion of Equality were 
responsible for gender equality and focused on broader integration of 
women into society and advising the Government on the implementation of 
policies promoting equality of women and men.
    Although women constituted a growing proportion of higher education 
graduates and of the workforce, they were underrepresented in 
management and generally earned less than their male counterparts. 
According to second quarter statistics, the unemployment rate for women 
was 6.1 percent compared with a rate of 6.0 percent for men.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    Between January and mid June, Appogg, the Ministry for Social 
Policy's agency responsible for social welfare services, received 394 
reports of child abuse. Individuals were convicted in a number of cases 
involving sexual abuse of minors. A number of sources consistently 
claimed that authorities did not pursue cases of alleged sexual abuse 
of children by Catholic clerics unless a parent or adult filed a formal 
complaint, but instead allowed the church to handle the matter 
internally. If a formal complaint was filed, however, authorities 
followed the same police investigations and judicial process as for 
other such complaints.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked to 
the country.
    The country is a destination for women trafficked for commercial 
sexual exploitation. On July 6 authorities charged three men with 
forcing a Swedish woman into prostitution. According to police, two 
separate investigations in 2007 led to the arrest of seven persons for 
the trafficking of eight Russian and Ukrainian women for the purpose of 
sexual exploitation. There was also anecdotal evidence that women from 
Serbia, Romania, and other eastern European countries may have been 
trafficked to the country for forced prostitution.
    Most traffickers appeared to be Maltese nationals acting 
independently.
    The criminal code prohibits trafficking. It makes the offense 
punishable by two to nine years in prison. Punishment is more severe if 
the offense is accompanied by grievous bodily harm, generates proceeds 
of more than 11,646 euros (approximately $16,300), or is organized by a 
criminal network. Persons can be charged if the offense took place 
within the country regardless of the citizenship status of the suspect. 
The law states that a person who forces another person over the age of 
21 to leave the country by violence, threat, or deceit for the purpose 
of prostitution can be imprisoned for up to two years; the maximum 
sentence increases to four years for trafficking persons under 21.
    Authorities made five arrests for trafficking or related offenses 
during the year.
    In January a court of appeals confirmed a suspended sentence for a 
convicted trafficker for trafficking two women into prostitution. A 
2006 case in which four persons were tried for trafficking a Romanian 
woman for commercial sexual exploitation remained pending; the judge 
heard the case in March 2007.
    There were no reports that authorities condoned or facilitated 
trafficking in persons during the year; however, a police officer 
convicted of complicity in trafficking in 2005 remained free on appeal.
    Authorities arrested suspected traffickers and offered protection 
to trafficking victims. They provided protection to witnesses and 
encouraged victims to assist in the investigation and prosecution of 
traffickers; victims were willing to testify only in closed hearings. 
Once victims provided evidence, they were typically returned to the 
care of social services, at which time they asked to be repatriated to 
their countries of origin.
    The Government offered shelter for trafficking victims in homes 
used primarily for victims of domestic violence. Authorities also 
offered assistance through the social welfare system.
    In March police and the Ministry for Social Policy signed a 
memorandum of understanding to formalize a screening process for all 
arrested persons engaged in prostitution to determine whether they were 
victims of trafficking or other abuses.
    All migrants are interviewed by NGOs, who seek to determine whether 
they might be potential victims of trafficking. Jesuit Refugee Services 
(JRS) identified four cases of Nigerian women who might have been at 
risk of trafficking if they had reached Italy; however, JRS did not 
consider these individuals to be vulnerable to trafficking while in 
Malta.
    The Government cooperated with other governments in the 
investigation of trafficking. Police cooperated with INTERPOL and 
Russian authorities to arrest individuals in Moscow based on 
information gathered through local trafficking investigations.
    The Government published brochures and supported a Web site with 
links to a hot line to educate the public on prevention of trafficking. 
In 2007 law enforcement officials participated in training on the 
identification and processing of trafficking victims.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits both the public and 
private sectors from discriminating against persons with disabilities 
in employment, education, health care, access to goods and services, 
housing, and insurance; and the Government effectively enforced these 
provisions. As of the end of September, the National Commission for 
Persons with Disabilities (NCPD), the agency responsible for 
enforcement of this law, was working on 85 discrimination complaints 
pending from previous years. From October 2007 through September 2008, 
the NCPD opened investigations into 98 new cases; 70 cases were 
satisfactorily concluded.

    National/Racial/Ethnic Minorities.--A few thousand persons of Arab, 
African, and eastern European origin lived in the country. There 
continued to be isolated reports that owners of some bars and discos 
periodically discouraged or prohibited darker skinned persons, 
particularly of African or Arab origin, from entering their 
establishments. There were no reports of charges being pressed.
    On March 27 Norman Lowell, who represented a far right political 
party, was given a suspended jail sentence and fined 500 euros 
(approximately $700) on three charges of inciting racial hatred. A 
similar charge against Paul Salomone, arising from allegedly racist 
comments he made at a 2006 protest against immigration, was pending in 
the courts at year's end.
    George Tabone, information secretary for the AN, accepted 
responsibility and paid a fine of 870 euros (approximately $1,200) for 
comments made by AN's international secretary, Keith Caruana, on a 
television program that Tabone was hosting. The subject of the program 
was ``Is Multiculturalism a Threat?'' Caruana described asylum seekers 
as ``a bunch of criminals.''

    Other Societal Abuses and Discrimination.--There were no reports of 
discrimination based on sexual orientation.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The constitution provides for workers 
to form and to join unions of their choice without previous 
authorization or excessive requirements, and workers did so in 
practice. The law does not allow uniformed military and police 
personnel to join unions. Approximately 65 percent of the workforce was 
unionized. The law allows unions to conduct their activities without 
interference, and the Government protected this right in practice. 
Workers, with the exception of uniformed military and police personnel, 
have the right to strike, and they exercised this right by conducting 
legal strikes during the year.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and it was freely practiced. Many 
employees without the right to strike or join unions participated in 
associations, such as the police association, through which they sought 
to protect their interests.
    Trade unions are governed by the Industrial and Employment 
Relations acts. Collective bargaining is protected under the law. There 
were no reported cases of antiunion discrimination or other forms of 
employer interference in union activities.
    There are no special laws or exemptions from regular labor laws in 
the country's one export processing zone.

    c. Prohibition of Forced or Compulsory Labor.--The constitution 
prohibits forced or compulsory labor, including by children; however 
there were some reports that women were trafficked, primarily from 
abroad, for purposes of prostitution.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace, and the Government generally implemented them 
effectively; however, there were reports that some underage children 
were employed as domestic labor, restaurant kitchen help, or vendors 
and, during the summer, in family owned businesses.
    The law prohibits the employment of children younger than age 16. 
The Employment Training Corporation (ETC), a government entity under 
the Ministry for Social Policy, is responsible for labor and employment 
issues. It generally enforced the law effectively in most sectors of 
the economy, but allowed summer employment of underage youth in 
businesses operated by their families. No assessment was available of 
the effectiveness of monitoring by the ETC of the (often unregistered) 
employment of children as domestics, restaurant workers, and street 
vendors.

    e. Acceptable Conditions of Work.--The national weekly minimum wage 
of 142.39 euros (approximately $200), combined with an annual mandatory 
bonus of 270.28 euros (approximately $375), and an annual cost of 
living increase, automatically adjusted for inflation (242 euros- 
approximately $340 -for the year), provided a decent standard of living 
for a worker and family.
    Irregular migrant workers did not always benefit from these 
conditions. The press reported that in September the General Workers' 
Union issued a report documenting what it called the ``exploitation'' 
of migrant workers. The General Secretary of the General Workers' Union 
told a press conference that such workers were often employed in the 
most hazardous of occupations and at less than the minimum wage. He 
called on the authorities to address the problem. The prime minister 
reportedly noted that this was a problem that the Government needed to 
address. In November OIWAS, in coordination with the ETC, established 
informational programs to help individuals understand how to pursue 
employment and obtain work permits.
    The standard workweek was 40 hours, but in some trades it was 43 or 
45 hours. Government regulations provided for a daily rest period, 
which is normally one hour, and one day of rest per week. Premium pay 
is required for overtime. Excessive compulsory overtime is prohibited, 
and workers cannot be obligated to work more than 48 hours, inclusive 
of overtime. Authorities generally enforced these requirements 
effectively.
    The Occupational Health and Safety Authority, a government entity 
composed of representatives of the Government, unions, and employers, 
conducted regular inspections at work sites and cited a number of 
offenders. Enforcement of health and safety standards continued to be 
uneven; industrial accidents remained frequent, mostly in the 
manufacturing and building and construction sectors. Workers have the 
right to remove themselves from situations that endangered health or 
safety without jeopardizing their employment, and OHSA generally 
enforced this right.

                               __________

                                MOLDOVA

    Moldova* is a republic with a form of parliamentary democracy. The 
country has an estimated total population of 3.57 million, including 
528,600 in the secessionist-controlled region of Transnistria. An 
estimated 900,000 citizens, including approximately 250,000 
Transnistrians, live outside the country. The constitution provides for 
a multiparty government with power shared by the president, the 
executive, a unicameral parliament, and the judiciary; however, in 
practice, the three branches of government were heavily influenced by 
the president. Parliamentary elections in 2005 generally complied with 
most international standards for democratic elections. Communist Party 
leader Vladimir Voronin was reelected by parliament in 2005 as 
president for a second and final term. Civilian authorities generally 
maintained effective control of the security forces.
    * Unless otherwise noted, all references in this report exclude the 
secessionist region of Transnistria.
    The Government generally respected the human rights of its 
citizens; however, security forces beat persons in custody and held 
persons in incommunicado detention. Prison conditions remained harsh, 
and security forces occasionally harassed and intimidated the political 
opposition. There were reports of judicial and police corruption, 
arbitrary detention by police, and occasional illegal searches. The 
Government attempted to influence the media and intimidate journalists, 
maintained some restrictions on freedom of assembly, and refused 
official registration to some religious groups. Persistent societal 
violence and discrimination against women and children; trafficking in 
women and girls for sexual exploitation; discrimination against Roma; 
difficulties registering minority religious groups; limits on workers' 
rights; and child labor problems were also reported.
    In 1990 separatists supported by Soviet military forces declared a 
``Transdniester Moldovan Republic'' (Transnistria) in the area along 
the eastern border with Ukraine. The central government had very 
limited authority in the region, and Transnistrian authorities governed 
through parallel administrative structures. The most commonly spoken 
language in the region was Russian, although many Transnistrians spoke 
Romanian and Ukrainian as their mother tongue. A 1992 cease-fire 
agreement established a tripartite peacekeeping force composed of 
Moldovan, Russian, and Transnistrian units. Although voting in the 2005 
Moldovan parliamentary election did not take place in Transnistria, 
over 8,000 residents of Transnistria voted at polling stations in 
government-controlled areas. Transnistrian authorities held 
``legislative'' elections in 2005 and ``presidential'' elections in 
2006. Transnistrian elections were neither recognized nor monitored by 
international organizations.
    The human rights record of the Transnistrian authorities remained 
poor. Authorities imposed some restrictions on the ability of residents 
to freely change their government and interfered with the ability of 
Moldovan citizens to vote in Moldovan elections. Transnistrian 
residents were expected to vote in the 2005 and 2006 Transnistrian 
elections, but were unable to stand without hindrance as candidates, 
while authorities prevented the media from reporting freely on 
candidates or issues. Torture and arbitrary arrest and detention 
continued to be problems, and prison conditions remained harsh. 
Transnistrian authorities continued to harass independent media and 
opposition lawmakers, restrict freedom of association, movement, and 
religion, and discriminate 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 that the Government or its agents committed arbitrary or 
unlawful killings in the country, including Transnistria.

    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year in the country, including Transnistria.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices and criminalizes inhuman 
treatment and torture; however, there were credible reports that police 
used cruel and degrading arrest and interrogation methods and that 
guards beat prison inmates. Under the law, inhuman treatment carries a 
sentence of eight to 15 years' imprisonment; torture carries a sentence 
of 16 to 25 years. The law provides enhanced punishments for torture 
committed in wartime. Coercing an individual to testify is punishable 
by up to three years' imprisonment, and if such coercion involves 
cruel, inhumane or degrading treatment, it is punishable by three to 
eight years' imprisonment. Torture inflicted by an official in order to 
punish, intimidate, or obtain information from a person is punishable 
by two to five years' imprisonment.
    The local Helsinki Committee reported that on April 3 Alexander 
Ivanovich Malina, an employee of the Taraclia penitentiary insulted, 
threatened, and beat prisoner Serghei Bezman. Bezman claimed that 
guards kicked him in the chest for writing complaints to officials, and 
they then forced him to eat his written complaint.
    During the year the Helsinki Committee reported that a German 
citizen prisoner suffered malnutrition and was forced to repair his 
jail cell out of his own funds. Prison authorities transferred the man 
to four different prisons during the year; each time he repaired his 
cell, he was transferred again.
    An ombudsman who visited Cricova Penitentiary in February 
interviewed two inmates who showed signs of torture. The inmates 
accused penitentiary officer Sergiu Perdeleanu of being responsible for 
their injuries. On an unannounced visit several days later, the 
ombudsman encountered Perdeleanu instructing the inmates to write 
letters to penitentiary officials denying that they had been tortured. 
As a result of the ombudsman's efforts, the Prosecutor General's Office 
(PGO) opened a criminal investigation on September 21. No charges were 
filed by year's end, and Perdeleanu remained on duty.
    In July the UN special rapporteur on torture stated that police 
mistreatment remained common and that prosecutors, judges, medical 
staff, and staff at penitentiaries failed to promptly investigate 
allegations of mistreatment and torture. Torture methods included 
severe beatings, electro-shock, asphyxiation through gas masks, and 
putting needles under fingernails.
    In November 2007 the Council of Europe Committee for the Prevention 
of Torture (CPT) reported that approximately one-third of the persons 
interviewed during CPT's prison visits made credible allegations of 
torture and other mistreatment. International and local NGOs stated 
that judicial authorities tacitly condoned the use of torture, and that 
officials engaging in torture remained unpunished. Guards accused of 
torture were occasionally dismissed from their jobs or transferred to 
other prisons.
    According to the UN special rapporteur on torture, mistreatment of 
suspects during their initial period in police custody was widespread. 
Torture was often used to obtain confessions from suspects, including 
in the Transnistrian region.
    Although the law provides victims of torture and mistreatment the 
right to file complaints, in practice, they had little chance of being 
heard. At times courts declined to hear their complaints, and long 
delays in legal process caused petitioners to abandon their claims. 
Victims carried the burden of proving that they had been mistreated, 
which was difficult since prisoners often remained in detention for 
months before having access to courts. By the time they were able to 
appear in court, the physical evidence of abuse had disappeared.
    On January 31, Gagauz activist and separatist Ivan Burgudji, who 
had been imprisoned on charges of misappropriating funds, was released 
from prison. In June 2007 Burgudji complained to visiting officials 
from the Organization for Security and Cooperation in Europe (OSCE) 
that, during his interrogation, authorities mistreated and subjected 
him to humiliation and that prison officials refused to provide him 
with prompt medical treatment for severe back pain. Burgudji was 
released after the charges against him were downgraded, and he received 
full amnesty.
    On June 17, the European Court of Human Rights (ECHR) ruled against 
the country in a case involving inhuman treatment of Victor Savitchi 
while he was under arrest in 2000. The ECHR ordered the Government to 
pay Savitchi, a former police inspector, 8,000 euros (approximately 
$12,177) in damages. A videotape of the incident showed five police 
officers kicking Savitchi in the chest and lower back while his hands 
were tied, after which they arrested him on charges of bribery.
    In the separatist region of Transnistria, torture and mistreatment 
took place in detention centers. Mistreatment of military conscripts 
was also reported. NGOs and international bodies working in the region 
reported that local ``prosecutor's offices'' failed to examine detainee 
complaints of torture and did not initiate criminal cases against 
police officers engaging in torture. An independent torture monitoring 
mechanism did not exist in the region.
    In Transnistria, the closed military court system regularly ignored 
reports of alleged hazing and abuse of conscripts in the Transnistrian 
``army.'' According to a Chisinau-based NGO, some conscripts were 
forced to march and run in boots that were several sizes too small.
    On January 2, Anatol Mospan died in a military unit in Tiraspol. 
Although local doctors noted heart failure as the cause of death, 
photographs released to the media revealed marks on his body consistent 
with physical abuse. Local NGOs reported that separatist authorities 
placed Mospan's family under surveillance for having asked central 
government authorities to investigate the matter. Following an 
investigation, the Prosecutor General's Office (PGO) in Chisinau and 
the Supreme Soviet in Tiraspol separately announced that Mospan's heart 
failure was due to natural causes due resulting from heart disease.
    On February 6, the body of 19-year-old Ukrainian citizen Eugen 
Kolobyshko, who served in a Transnistrian military unit, was found in 
the Dniester River. Kolobyshko's relatives reported to NGOs that his 
body bore signs of violent injuries and that he had complained that 
others in his military unit were humiliating and insulting him and 
extorting money from him. Following the death, the military unit 
offered Kolobyshko's parents 7,000 euros (approximately $9,800) in 
compensation. A PGO investigation was ongoing at year's end.
    There were no further developments in the 2006 case of Mihai 
Corsacov, who accused two police officers of torture. In 2006 the ECHR 
ruled in favor of Corsacov; the PGO opened a criminal investigation of 
the officers and passed the findings to the Hincesti court to examine 
their merits.

    Prison and Detention Center Conditions.--Conditions in most 
prisons, including those in Transnistria, remained harsh, dangerously 
overcrowded, and in some instances life-threatening, notably in the 
Balti and Tiraspol prisons. Both prisons and pretrial detention 
facilities fell far short of meeting international standards.
    Conditions were particularly harsh in pretrial and presentencing 
facilities, where suspects were sometimes held for months or years 
awaiting trial. Pretrial detention facilities remained dark and 
overcrowded. Inmates' access to healthcare was also inadequate. 
Juveniles were routinely held together with adults, and prisoners 
suffered from insufficient ventilation and low quality food. Prisons 
did not provide for recreational activities. Cell sizes did not conform 
to local law or international standards. Incidence of malnutrition and 
disease, particularly tuberculosis, was high in all prisons.
    During the year the UN special rapporteur on torture noted slight 
improvements in the treatment of pretrial detainees and an increase in 
space for prisoners after the Government built additional facilities. 
According to the rapporteur, prisoners and advocates made fewer 
complaints of mistreatment involving Ministry of Justice-administered 
detention centers; most complaints of mistreatment involved the 
pretrial detention center administered by the Ministry of the Interior 
(MOI).
    According to the rapporteur, the practice of placing some prisoners 
serving life sentences in year-long solitary confinement amounted to 
inhumane treatment. Such prisoners were placed in solitary confinement 
if prison officials believed they presented a threat to other inmates 
or as punishment for violating prison regulations.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights observers, and 
prison officials generally allowed observers to interview inmates in 
private. The Government cooperated with the International Committee of 
the Red Cross (ICRC) and permitted visits to prisoners in accordance 
with the ICRC's standard practices.
    According to the UN special rapporteur on torture, who conducted 
research in the country in July, the Government was generally 
cooperative, responded to information requests, and allowed visits to 
all detention facilities. The rapporteur also noted that reprisals were 
a problem, as prisoners had at times been punished for speaking to the 
rapporteur.
    In July Transnistrian authorities allowed the special rapporteur to 
visit detention facilities. The rapporteur expressed concern about the 
practice of permanent solitary confinement for persons sentenced to 
life imprisonment or execution.
    Transnistrian civil society representatives complained that it was 
extremely difficult to gain access to Transnistrian detention 
facilities. Conditions in those facilities were grave, particularly in 
Tiraspol prison. Sick and contagious prisoners shared quarters with 
healthy prisoners.

    d. Arbitrary Arrest or Detention.--While the law prohibits 
arbitrary arrest and detention, authorities did not observe these 
prohibitions in practice.
    An ombudsman regularly visited various places of detention, 
including police stations and detention rooms at psychiatric hospitals, 
railway stations, and the Chisinau airport. The ombudsman found that 
many arrestees were not registered in log books, and that railway 
police arbitrarily arrested citizens before their trains departed and 
released them after their trains left the station. Police at the 
airport often detained travelers for document checks, and then released 
them without explanation. Most of the persons placed in detention at 
police stations were arrested for petty crimes, insulting policemen, or 
for document checks, even though they were carrying valid documents.
    On May 29, Moldovan border police allegedly detained and verbally 
harassed the chairperson of the Transnistrian youth organization Proryv 
as she traveled to the Transnistrian region; she was held for two hours 
at a Moldovan checkpoint near the city of Bender.
    On May 22, in the government-controlled village of Dorotcaia, 
Transnistrian authorities arrested 26-year-old Stefan Berzan for 
allegedly passing counterfeit currency. Berzan had earlier reported the 
counterfeit currency to Transnistrian police, who directed him to 
accompany them to the separatist-controlled city of Grigoriopol, 
denying his request that Moldovan police also accompany him. According 
to NGO reports, Berzan was mistreated during detention and was forced 
to confess to the crime. On August 11, the Grigoriopol court convicted 
Berzan and sentenced him to six years in prison, but released him with 
five years' probation. On September 5, the Ministry of the Interior 
fired Berzan from his job as a fireman because of the criminal 
conviction.

    Role of the Police and Security Apparatus.--The national police 
force is the primary law enforcement body. It is subdivided into 
regional and city police commissariats, which are subordinated to the 
MOI. Police corruption remained a problem.
    The PGO is responsible for investigating police activities. 
According to PGO staff, the MOI often ignored, or only superficially 
examined, their reports of violations by police. An internal affairs 
unit that reported to the ministry investigated incidents of impunity 
and corruption.
    A Transparency International survey conducted between February and 
March reported that 51 percent of the persons interviewed said they 
paid bribes to the police. In 2007, according to the latest available 
statistics, 600 citizens lodged complaints regarding abusive police 
behavior with prosecutors' offices. Following the complaints, 258 
criminal cases were opened, 32 police officers were dismissed, 12 were 
prosecuted for bribery, and 24 former officers were imprisoned.

    Arrest and Detention.--The law allows judges to issue arrest 
warrants based on evidence from prosecutors. Authorities must promptly 
inform detainees why they were arrested and describe the charges 
against them. Suspects may be detained without charge for 72 hours. 
Although the law provides accused persons the right to a court hearing, 
these rights were not always respected in practice.
    Once charged, a detainee may be released on personal recognizance 
pending trial. The law provides for bail, but it was rarely permitted, 
and the bail system did not function well. Authorities generally did 
not authorize bail for detainees accused of violent or serious crimes.
    Detainees have the right to a defense attorney; at times this right 
was restricted. Authorities generally did not grant detainees access to 
a lawyer until 24 hours after being detained. Police often told persons 
that they were witnesses in a case, questioned them without a lawyer 
present and subsequently detained them as suspects. Detainees were 
often informed of the charges against them without a lawyer present. 
The Government required the local bar association to provide an 
attorney to indigent defendants but did not pay legal fees; such 
defendants often did not have adequate counsel. Detainees were 
generally allowed access to family members.
    The law permits pretrial detention for up to 30 days. The courts 
may extend pretrial detention for up to 12 months, depending on the 
severity of the charges. Pretrial detentions lasting several months 
were common.
    According to a November 2006 OSCE report, trials were frequently 
postponed because of the absence of a key participant. In over half of 
the trials that were monitored, prosecutors, defense attorneys, 
victims, or witnesses failed to appear in court without explanation or 
prior notification.

    Amnesty.--The Government generally granted amnesty to persons 
sentenced to less than four years in prison, which meant that such 
persons rarely served jail time. On July 18, the Government issued a 
one-time amnesty for persons under the age of 21, mothers with custody 
of children under the age of eight, and pregnant women who had 
committed minor infractions.
    On February 4, a court in Gagauzia granted amnesty to Gagauz 
activist and separatist Ivan Burgudji, who was sentenced in June 2007 
to 12 years in prison on charges of embezzling 81,900 lei 
(approximately $7,874) in 2002 from the Gagauz regional budget and 
using the funds to operate an office in the Transnistrian city of 
Tiraspol. Moldovan police arrested Burgudji in 2006 without a warrant 
and did not promptly inform him of the charges against him.
    On April 2, the Supreme Court of Justice reversed a July 2007 
Chisinau appeals court decision granting amnesty to former defense 
minister Valeriu Pasat. Pasat was arrested in 2005 on charges of 
defrauding the Government of millions of dollars and for unlawfully 
selling state property. In 2006, following a closed civilian trial, a 
court sentenced Pasat to 10 years in prison; an appeals court 
subsequently acquitted Pasat of some of the charges and reduced his 
sentence to five years. Pasat, who supported opponents of the country's 
president in the 2005 parliamentary elections, claimed the charges 
against him were politically motivated.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, official pressure and corruption 
remained problems. There continued to be credible reports that local 
prosecutors and judges occasionally asked for bribes in return for 
reducing charges or sentences, and observers asserted that courts were 
sometimes politically influenced.
    Political factors played a role in the reappointment of judges. 
According to Freedom House, judges were appointed and promoted on the 
basis of subjective and nontransparent factors. Younger judges, who 
held initial five-year appointments, were particularly vulnerable to 
influence by the executive branch.
    On April 22, national bar association president Gheorghe 
Amihailachioaie stated that lawyers, particularly those involved in 
actions against the Government and those representing opposition 
parties, were politicized and discriminated against. Amihailachioaie 
also claimed that the judicial system favored the prosecution, and that 
judges favored the ruling authorities. One example in which courts were 
accused of favoring the prosecution was the case of Fiodor Ghelici. On 
September 24, Ghelici, owner of a transportation company, accused 
police of violating his right to free movement. He had been detained 
and subsequently convicted for a July 2 incident in which he attempted 
to park his four trucks in front of a government building during a 
protest rally. His conviction was subsequently overturned on appeal.
    Some politicians claimed judicial harassment. Serafim Urechean, 
leader of the largest opposition political party, was acquitted on May 
26 of charges that he abused his office for personal gain while mayor 
of Chisinau. On September 8, the PGO appealed the decision.
    Nicolae Andronic, leader of the Popular Republican Party, reported 
that the court in Buiucani was again pursuing charges against him for 
authorizing withdrawal of 200 tons of wheat from the state reserve as a 
loan to a private company during his term as deputy prime minister in 
1998-99. Andronic claimed that the case was a politically motivated 
action and aimed at eliminating his party from the 2009 parliamentary 
election.
    Between 1991 and year's end, the Government lost 132 ECHR cases, 58 
of which concerned denial of fair trial rights. Of the 28 cases lost 
during the year, 11 concerned, in part or in whole, denial of a fair 
public trial.
    According to a European Union (EU) report published on April 3, 
recent positive developments included the development of a judicial 
code of conduct in November 2007 and the establishment of the 
Department for Judicial Administration in January. The Department is 
responsible for monitoring the organizational, administrative, and 
fiscal effectiveness of the courts and for proposing improvements. The 
EU report also stated that implementation of reforms was lacking.
    The judiciary consists of lower courts, courts of appeal, and the 
Supreme Court of Justice. A separate Constitutional Court has exclusive 
authority in cases relating to the constitutionality of draft and final 
legislation, decrees, and other governmental acts. The Constitutional 
Court was the only court generally regarded as fair and objective. By 
law the PGO is autonomous and answers to parliament. It is responsible 
for overseeing criminal investigations, filing charges, and protecting 
the rule of law and civil freedoms. Prosecutors may open and close an 
investigation without bringing the matter before a court, which gave 
them considerable influence over the judicial process. Many NGOs and 
opposition politicians considered the PGO to be under the political 
control of the ruling party.
    The military court system is separate but generally experienced 
problems with corruption and inefficiency similar to the civilian 
courts. The jurisdiction of military courts extends to crimes committed 
by active duty, reserve, and retired military personnel. Military 
courts can also try civilians for crimes committed against military 
personnel.

    Trial Procedures.--The law provides that defendants in criminal 
cases are presumed innocent; however, a prosecutor's recommendation 
carried considerable weight and limited this right in practice. On some 
occasions, judges' remarks jeopardized the presumption of innocence. 
NGOs expressed concern that the practice of keeping defendants in 
handcuffs and metal cages during court proceedings went beyond what was 
necessary to secure public order and derogated the presumption of 
innocence.
    Cases are presented to a judge or to panel of judges. 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 indigent defendants. The practice 
of appointing ex officio defense lawyers without allowing them to 
prepare adequately was common and infringed upon the right to legal 
assistance. Prosecutors occasionally used bureaucratic maneuvers to 
restrict lawyers' access to clients. Defense attorneys were able to 
review evidence against their clients when preparing cases. The law 
provides a right to appeal convictions to a higher court.
    According to a May OSCE report, legal guarantees of a fair trial 
functioned only partially. While recent legal reforms helped provide an 
improved framework for guaranteeing a fair trial, implementation 
remained a problem.
    Although the law provides for defendants to have an interpreter, 
the OSCE observed a shortage of interpreters, a lack of knowledge of 
legal terminology, and a tendency to mix Romanian and Russian terms. 
Nearly 40 percent of court interpreters did not translate in a fully 
satisfactory manner. The OSCE also noted that judges at times ordered 
proceedings to be conducted in Russian, even though some participants 
complained they could not understand the language.
    During the year, the OSCE released a report, based on a six-month 
project that monitored thousands of hearings in hundreds of criminal 
cases at all levels of the justice system. The report noted that 
proceedings were often not open to the public; court facilities were 
inadequate; and a large number of judges, prosecutors, and defense 
lawyers failed to treat victims and witnesses with respect. A 2006 OSCE 
report found that 80 judges in Chisinau had access to only 12 
courtrooms; as a consequence, 71 percent of trial hearings were held in 
judges' offices, where they were often interrupted. While most judges 
acted professionally, others engaged in frequent ex parte 
communications with prosecutors and defense attorneys, creating an 
appearance of impropriety. Space limitations during proceedings placed 
victims and witnesses in close proximity to defendants. Public access 
to trials was hindered because many judges did not publicly post their 
calendars or schedules of cases. Most court clerks were not diligent 
about their duties and some did not properly record trial proceedings. 
Delays and postponements bred disenchantment and eroded respect for 
trial proceedings.
    On June 27, the Government adopted a witness law to ensure the 
protection of persons whose life and property are threatened as a 
result of their participation in trial proceedings.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The law provides for 
citizens to seek damages in civil courts for human rights violations. 
Under the constitution, the Government is liable in cases where 
authorities violate a person's rights by administrative means; fail to 
reply in a timely manner to an application for relief; or commit 
misconduct during prosecution. Judgments awarded in such cases were 
small and frequently not enforced. Citizens may also seek damages for 
human rights violations in the ECHR. During the year the ECHR issued 28 
adverse decisions on human rights violations, bringing the overall 
total since 1991 to 132.
    While the law provides for restitution of property and compensation 
for victims of political repression, commissions established to receive 
petitions were not funded to make payments. In Chisinau, where 6 
million lei (approximately $576,823) of funding was allocated for 
compensation, no commission existed to make payments. Applicants must 
prove a direct causal connection between political repression and the 
seizure of their properties to receive restitution.
    In June 2007 parliament adopted a mediation law, which established 
an alternative mechanism for resolving civil and criminal cases 
voluntarily between parties, and set rules for the status of 
professional mediators. The law entered into force on July 1.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the law prohibits such actions, the 
Government did not respect these prohibitions in practice.
    It was widely believed that authorities, including the MOI, the 
PGO, and the Security and Information Service, continued to conduct 
illegal searches and wiretaps. Judges may authorize legal wiretaps only 
in cases where a criminal investigation is underway; however, in 
practice the judiciary lacked the ability to prevent illegal wiretaps 
by security organizations and police. Courts continued to accept 
evidence that was obtained illegally.
    In contrast to previous years, there were no reports from 
opposition figures that government authorities illegally monitored 
their activities.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Although the law provides for 
freedom of speech and of the press, the Government sometimes restricted 
these rights and on occasion journalists were intimidated into 
practicing self-censorship. According to an EU report released on April 
3, a number of recent laws affecting media freedom had not been 
implemented in a manner that promoted media plurality. The 2006 
broadcasting law requires Teleradio Moldova to be a genuine public 
institution, although it remained financially dependent on the 
Government, was widely viewed as strongly pro-government in its 
programming, and rarely aired opposing viewpoints. The law 
decriminalizing defamation was widely viewed as allowing pro-government 
media even greater latitude to insult opposition leaders, while at the 
same time not being clear enough eliminate the perceived need for self-
censorship by independent media, nor prevent spurious lawsuits and 
investigations against opposition activists and media.
    Individuals could generally criticize the Government without 
restriction; however, members of the media and local NGOs believed that 
authorities attempted to impede criticism made by influential persons. 
International NGOs that monitor media practices reported that overall 
media freedom deteriorated despite some progress with media law reform. 
Freedom House considered the country's media to be ``not free,'' a 
situation that remained unchanged since 2003.
    The print media expressed diverse political views and commentary. 
There were 243 newspapers and magazines. The broadcast media were 
weaker in this regard because local private broadcasting was limited. 
The Government continued to influence the media through its role in 
distributing broadcast licenses and its financial support for 
privatized media outlets, including the public radio and television 
broadcaster Teleradio Moldova (TRM), which covered most of the country.
    The broadcasting code regulates the activity of private television 
and radio stations, the government-controlled public broadcaster TRM, 
and the Government's main regulatory authority for broadcasting, the 
Audiovisual Coordinating Council (ACC). Local media NGOs expressed 
concern that the code places all public television and radio stations 
under TRM's control, which could stifle local independent media.
    The Government owned the Moldpress News Agency; local and city 
governments subsidized approximately 25 newspapers. Political parties 
and professional organizations also published newspapers with 
circulations of less than 15,000. The Government did not restrict 
foreign publications, but most were not widely circulated because of 
high cost. Newspapers from Russia were available; some published 
special weekly local editions.
    Several privatized newspapers, including the formerly government-
owned Moldova Suverana and Nezavisimaia Moldova, continued to publish 
favorable reports about the Government's activities and to exclude 
reports about opposition figures and alternative viewpoints. 
Newspapers, such as Flux (owned by the Christian Democratic Party) and 
the independent Timpul, Jurnal de Chisinau, and Ziarul de Garda, 
published more diverse views and articles critical of the Government 
and its policies.
    On February 22, parliament passed a public service ethics code as 
part of a government reform process designed to remove red tape and 
boost the effectiveness of public service. Media observers expressed 
concern over a code provision stating that only official spokespersons 
have the right to communicate with media organizations. Observers 
feared that this could lead to less transparency in the work of public 
institutions.
    Although libel is no longer a criminal offense and the law limits 
the amount of fines that can be claimed for slander, some newspapers 
continued to practice self-censorship and avoid controversial issues 
out of concern that government officials and other public figures could 
use civil defamation laws to retaliate against critical news coverage.
    On June 26, parliament passed amendments to the editing law, making 
it illegal to edit and publish literature that contains ``denial and 
defamation of the state and the people; calls to war or aggression, to 
ethnic, racial or religious hatred; [or] incitement of discrimination, 
territorial separatism, or public violence.'' Several private 
publishing houses opposed the new law, claiming that it imposed 
censorship.
    On February 12 and July 7, the ECHR sanctioned the Government for 
violating freedom of expression by bringing defamation charges against 
Flux newspaper, after Flux journalists made statements in 2003 and 
during the year regarding a former leader of the Party of Communists 
(PCRM) and a former prosecutor general.
    On April 29, a District Court in Chisinau froze the bank account of 
the Jurnal de Chisinau to sequester funds in a libel case. The case was 
filed against the newspaper by a former prosecutor, who sued for 
alleged damages inflicted on him by articles published in 2003 and 
2004. The newspaper appealed and, on May 7, the appeals court unblocked 
the bank account and sent the case back to the Chisinau court for 
reconsideration.
    According to the ACC, the agency that regulates and licenses 
broadcasters and assigns frequencies, 46 radio stations and 205 
television stations and cable providers operated in the country. Most 
stations rebroadcast programs from Romania, Russia, and Ukraine and 
offered limited locally produced programming. Other foreign programs, 
including international news broadcasts, were available by subscription 
from private cable television operators. Some local governments, 
including that of Gagauzia, operated television and radio stations and 
newspapers.
    According to NGOs, many of the major television channels were owned 
by business persons affiliated with the ruling PCRM and displayed a 
political bias towards the party. As a result, there were fewer outlets 
for opposing viewpoints.
    In joint statements released on May 7, NGOs and media 
representatives criticized the ACC for disproportionately allocating 
radio and television frequencies to progovernment stations. In May the 
ACC distributed 40 provincial television frequencies to two 
progovernment stations, which significantly expanded their coverage; 
the ACC did not consider other applications.
    Government influence over public broadcaster Teleradio Moldova, one 
of the few stations with nationwide reach, continued. In February, two 
Teleradio Moldova board members published an article criticizing the 
lack of progress in turning Teleradio Moldova into a broadcaster open 
to and serving all members of the public. The board subsequently 
prohibited its members from publicly expressing opinions without prior 
consent of all board members.
    In September 2007 the ACC suspended rebroadcasts of the Romanian 
station TVR1 in the country, despite an existing license agreement. 
Media observers expressed concern that this was another method to 
restrict outside views. In February and March, listeners who had called 
in to the Vocea Basarabiei radio station claimed that they were 
summoned by the MOI to be interviewed on their participation in the 
station's live broadcasts.
    Opposition members of the Balti municipal council criticized the 
nontransparent manner in which the public broadcaster Teleradio Balti 
was being privatized, noting that the privatization commission was 
staffed exclusively by councilors belonging to the majority PCRM.
    On September 2, the Gagauz people's assembly decided to dissolve 
the supervisory board of the public company Teleradio Gagauzia, raising 
major concerns among the company's journalists, who feared that this 
was an attempt by Gagauz authorities to control regional public 
television.
    Journalists and NGOs reported that the Government denied 
independent media access to various official events involving the 
president. On January 18, members of the president's security detail 
prevented journalists from several media outlets from attending a 
public event with President Voronin, despite a prior invitation to the 
media to attend. The president's security detail forced Pro-TV 
journalists to erase their footage of Voronin. On July 23, the 
president's security detail denied a reporter from the Romanian news 
agency NewsIn access to President Voronin's press conference because 
she lacked accreditation, although she had submitted her accreditation 
request several months before the event.
    Opposition ACC members continued to complain about central 
government pressure, principally in the form of what they called 
abusive and arbitrary investigations of extortion.
    The ACC reversed its publicly stated position and decided to allow 
PRO TV and other broadcasters with expiring broadcasting licenses to 
continue operations until some unspecified time after the parliamentary 
elections. According to the ACC, doing otherwise would have been seen 
political interference.
    In Transnistria, authorities greatly limited freedom of speech and 
of the press. Alternative viewpoints were subject to widespread 
censorship, and residents were wary of voicing alternative opinions and 
engaging in meaningful debate over key issues affecting the separatist 
region.
    It was difficult to register, maintain, and financially sustain 
independent newspapers, radio stations, or television stations in 
Transnistria, though several existed. Most newspapers from government-
controlled areas did not circulate widely in Transnistria, although 
they were available in Tiraspol. Foreign publications, including 
publications edited in Chisinau, were difficult to obtain as separatist 
authorities imposed a 100 percent customs duty, doubling their price.
    Both of Transnistria's major newspapers, Pridnestrovie and 
Dnestrovskaya Pravda, were official publications of the separatist 
administration. One independent weekly newspaper was published in 
Bender and another in the northern city of Ribnita. According to a 
study by a western academic researcher, the Ribnita-based Dobryi Den 
newspaper did not publish any articles critical of Transnistria or 
separatist authorities. Separatist authorities harassed independent 
newspapers for critical reporting of the Transnistrian regime. 
Independent newspapers in the region, such as Novaia Gazeta and 
Chelovek i yevo Prava (Man and His Rights) were published, but had a 
limited circulation of about 3,000. Authorities controlled all printing 
houses and at times threatened to cease printing independent 
newspapers.
    Other Transnistrian media that printed reports critical of 
secessionist authorities also had small circulations and appeared 
either weekly or monthly. There were few Romanian and Ukrainian 
language publications available to the ethnic Ukrainians and Moldovans 
in the region. Apart from the publicly financed Gomin (Ukrainian) and 
Adevarul Nistrean (Romanian in Cyrillic script), and the political 
party-controlled newspaper Drujba (Romanian in Cyrillic script), most 
publications are in the Russian language.
    The majority of television and radio stations in Transnistria were 
controlled by the authorities, who largely dictated editorial policies 
and financial operations. Some broadcast networks, such as the TSV 
television station and the INTER-FM radio station, were owned by 
Transnistria's largest commercial entity, Sheriff Enterprises. The 
enterprise also effectively controlled the Obnovlenie Party, which held 
a majority of seats in the region's legislature. The other major 
television station, Transnistrian Moldovan Republic Television, was 
operated by the Transnistrian government. While these outlets on 
occasion expressed alternative views on social and economic policy, 
Transnistrian authorities sharply criticized any mention of compromise 
with the central government or questioning of the Transnistrian goal of 
``independence.''

    Internet Freedom.--There were no reports of government restrictions 
on access to the Internet. Government monitoring of e-mail or Internet 
chat rooms occurred on at least one occasion during the year. 
Individuals and groups could generally engage in the peaceful 
expression of views via the Internet, including by e-mail. However, on 
one occasion, the judiciary took action against a group of teens 
expressing their views online.
    On June 10 and 11, the Chisinau municipal prosecutor's office 
interrogated 12 teen bloggers, and, on the basis of a June 4 court-
issued warrant, seized their computers to ascertain whether they were 
planning radical, destabilizing events or advocating interethnic 
violence in Internet postings critical of the Government. The 
prosecutor's office charged that the postings constituted a public call 
for the violent overthrow of the constitutional order, incitement to 
interethnic violence, promotion of unification with Romania, and 
dissolution of Moldovan statehood.
    According to the National Telecommunication Agency regulator, the 
number of mobile Internet users increased during the year, reaching 
1,110,000 persons by year's end. There were 41 Internet service 
providers in the country. While few could afford computers and private 
access to the Internet, public access at cafes in major cities around 
the country was readily available.
    In Transnistria, Internet connections were available in most parts 
of the region, and most residents accessed the Internet through 
publicly available computers at cafes. One company, Sherriff 
Enterprises, was the sole Internet service provider in the region.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic or cultural events. However, on March 26, Radu 
Gorincioi, director of the Moldova Information and Documentation Center 
on the North Atlantic Treaty Organization (NATO), stated that he had 
been forced to resign by a government official who threatened him with 
a criminal investigation; the official accused Gorincioi of supporting 
Romania's irredentist ambitions in Moldova.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, at times 
the Government limited this right in practice.
    On February 22, a new law on public assembly entered into effect. 
While the previous law required rally organizers to seek authorization 
from local authorities for holding events, the new law only requires 
organizers to notify local authorities. Such written notice must be 
submitted directly to local authorities no less than five days prior to 
the planned event. In addition, while the previous law allowed public 
authorities to prohibit rallies, the new law provides that only the 
courts can do so.
    In spite of these changes, NGOs continued to express concern that 
the Government limited freedom of assembly. On April 22, several NGO 
leaders publicly stated that the Government frequently violated the 
right to peaceful assembly and that gaps in the law often led law 
enforcement bodies to abuse the application of specific legal 
provisions. On April 22, the day the new law entered into force, a 
group of five activists attempted to test the law by holding a protest 
on the steps in front of the president's office. Police arrested them, 
claiming the steps were part of the presidential premises and that the 
law does not allow protests on such sites.
    On April 30, during a demonstration in front of the National Palace 
in Chisinau by the NGO Hyde Park, police interrupted the protest and 
detained four activists at a police station for 22 hours. On May 8, 
police held Oleg Brega, one of the demonstrators, in detention for 72 
hours. On May 10, Ghenadie Brega, Oleg's brother, was detained by the 
police for 48 hours at the Buiucani police station for insubordination 
and insulting police officers after initiating a hunger strike in front 
of a government building.
    On May 8, Chisinau municipal authorities barred the gay rights 
organization GenderDoc-M from holding a pro-tolerance, 
antidiscrimination rally. Authorities cited the need to avoid societal 
tensions and religious organizations' disapproval of homosexuality as 
reasons for the denial. On May 11, security forces observed passively 
from a distance as hundreds of persons aggressively blocked a bus 
carrying GenderDoc-M supporters to a public meeting in the National 
Assembly Square to call for the adoption of an antidiscrimination law. 
The attackers confiscated GenderDoc-M campaign material and followed 
the bus to the organization's headquarters.
    On May 15, rights organizations criticized the lack of police 
intervention during the May 11 incident, accusing authorities of 
discrimination based on the perceived sexual orientation of 
participants, and called for a government investigation into the lack 
of police protection. On May 29, the European Commission delegation to 
the country urged the MOI to analyze the role played by the police 
during the incident and to address the question of ensuring freedom of 
assembly in instances when there are conflicting simultaneous 
assemblies. At year's end no investigation had yet been opened.
    During a June 17 pensioners' rally in Chisinau to protest minimal 
pensions and increasing food prices, a group of unarmed, mostly retired 
protesters forcefully attempted to enter a government building, and 
several were injured when they were pushed back after an unsuccessful 
attempt to break the police line. At year's end the Government had not 
initiated an investigation into the incident.
    After a subsequent pensioners' rally in Chisinau on July 15, police 
forcefully escorted seven pensioners and the event organizer to the 
Buiucani district police headquarters. Police opened criminal 
investigations against the eight before releasing them. As of year's 
end, the arrestees had not been charged in relation to their arrests. 
During the rally, which involved protesters traveling to various 
government offices and the OSCE building, police admonished the 
protesters for being noisy, and seized their posters and megaphones.
    In Transnistria, authorities generally discouraged free assembly. 
On those occasions when they issued permits for demonstrations, 
authorities often harassed organizers and participants and ordered that 
the demonstrations take place in obscure locations away from city 
centers. Permits for demonstrations and public meetings were issued 
predominantly to organizations and groups loyal to the authorities.
    On May 17, police arrested two members of the Pridnestrovie 
Communist Party, Oleg Horjan and Nadejda Bondarenko, in Tiraspol as 
they distributed materials for a antipresidential rally planned that 
day to protest government policy and the increasing prices of food and 
utilities. Although the rally was authorized, Transnistrian authorities 
disrupted it by playing loud music over loudspeakers on Tiraspol's main 
square. The two party members were later released. Transnistrian 
authorities denied the Pridnestrovie Communist Party authorization to 
stage subsequent rallies. On May 30, authorities arrested and detained 
six members of the party and its leader, Oleg Horjan, for several hours 
for distributing leaflets without authorization.

    Freedom of Association.--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.
    Some political parties accused the Government of restricting their 
freedom of association in advance of spring 2009 parliamentary 
elections. On May 13, the court of appeals reconfirmed a Justice 
Ministry decision to deny registration to the European Action Party. 
Liberal Democratic Party leaders accused the Government of intimidating 
members of the new party by calling the members in for police 
questioning. According to the new law, the parties needed to adjust 
their bylaws to meet new requirements by October 1. By year's end all 
28 existing parties had submitted registration requests. According to 
the ministry, seven parties registered successfully; one party's 
application was rejected; seven applications were being reviewed by the 
ministry; and review of the remaining 13 parties was pending.
    In Transnistria, separatist authorities granted the legal right of 
association only to citizens of Transnistria. However, separatist 
authorities restricted freedom of association in practice, either by 
intimidation and prosecution for alleged offenses or on the basis of 
fabricated charges. All associations favoring reintegration with the 
Moldovan national government are strictly prohibited.
    In August 2007 the Transnistrian government promulgated a law that 
gives the authorities broad and vague powers to fight extremism, which 
is defined as promotion of mass disorder, public defamation, or acts to 
change the constitutional order.
    In October 2007 the Tiraspol city court gave Pridnestrovie 
Communist Party leader Oleg Horjan a suspended prison sentence of 18 
months and fined him 1,000 Transnistrian rubles (approximately $120) 
for organizing unauthorized protest rallies in March and resisting 
arrest. Horjan was not permitted to participate in election campaigns 
during the period of his prison sentence and would be subject to 
mandatory prison time if found guilty of any further offense.

    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 unregistered religious groups. Although there is no state 
religion, the Government gave favorable treatment to the Moldovan 
Orthodox Church. For example, the Metropolitan of Chisinau and All 
Moldova held a diplomatic passport, a privilege not accorded to any 
other religious leader.
    In Transnistria, separatist authorities continued to deny 
registration to a number of minority religious groups and harassed 
their members.
    In July 2007 parliament passed a law on religion requiring 
religious groups to register with the Justice Ministry. Previously, 
religious groups were required to register with the State Service for 
Religious Affairs (SSRA). Unregistered religious groups may not buy 
land or obtain construction permits to build houses of worship or 
seminaries.
    The 2007 law notes the special status of the Moldovan Orthodox 
Church in the country's history and culture and simplifies registration 
procedures. However, it includes a requirement that groups must obtain 
signatures from 100 citizens to register as a new national religious 
organization. The law allows religious groups greater access to public 
places, and permits congregations to switch denominational allegiance. 
It also expands the definition of ``abusive proselytism'' to include 
psychological manipulation and subliminal techniques.
    The SSRA was dissolved in October 2007. All registration files were 
to be transferred to the Ministry of Justice within two months and 
unresolved applications were to be transferred within 15 days to the 
ministry. Of the 24 groups that submitted applications after October 
2007, only the Unification Church registered successfully, on May 25. 
In its decision to reject the remaining 23 applications, the ministry 
cited various provisions of the civil code (which normally applies to 
the conduct of businesses). Religious groups declined to appeal the 
rejections, arguing that the religion law, rather than the civil code, 
should govern their activities. The Ukrainian Orthodox Kyiv 
Patriarchate, the Central Muslim Spiritual Board of Moldova, a variety 
of Protestant congregations, and the Spiritual Organization of Muslims 
in Moldova continued to encounter bureaucratic obstacles to 
registration.
    In Transnistria, Jehovah's Witnesses faced significant difficulties 
operating. Only two of more than 30 Jehovah's Witnesses' congregations 
had legal status. Court cases brought by Jehovah's Witnesses were 
prolonged by the Transnistrian officials. Occasional court victories 
were overturned and new trials ordered.
    Despite a 2007 Tiraspol court decision stating that Jehovah's 
Witnesses should be accredited and permitted to import literature, 
Transnistrian authorities attacked the legal status of Jehovah's 
Witnesses by: challenging their 1994 registration in Tiraspol; refusing 
to accredit the leaders of the Tiraspol community; refusing to register 
new Jehovah's Witnesses charters in Tiraspol, Ribnita, Grigoriopol, and 
Tighina; seeking to cancel their tax identification number; 
confiscating religious literature; illegally confiscating the Ribnita 
community's registration certificate; interfering with a religious 
ceremony in Parcani; and fining and sentencing members to one-year 
probation terms.
    Transnistria has no law providing alternative civilian service. 
Consequently, since 1995 more than 20 Jehovah's Witnesses have been 
prosecuted because of conscientious objection to military service. Some 
received probationary sentences of up to one year in prison and others 
were fined approximately $450. Some members of Jehovah's Witnesses 
complained of being summoned before the court repeatedly, although they 
were already sentenced and had fully complied with the court's orders.
    Foreign missionaries, like other foreigners, may enter the country 
for 90 days on a tourist visa. Although the law prohibits ``abusive 
proselytizing,'' the Government did not take legal action against 
individuals or organizations for proselytizing. Police and other local 
authorities frequently called visiting foreign missionaries into police 
stations for extensive questioning about religious and charitable 
services they offered.
    The law provides for restitution of property confiscated from 
religious communities during the Nazi and Soviet regimes. Claims by the 
Moldovan Orthodox Church were frequently favored over those of other 
religious groups, and the church had recovered nearly all of its 
property. In cases where property was destroyed, the Government offered 
alternative compensation. Property disputes between the majority 
Moldovan and minority Bessarabian branches of the Orthodox Church 
remained unresolved; representatives of the Bessarabian Orthodox Church 
claimed that their property rights were still being violated. While the 
Lutheran Church reported that authorities had not returned or provided 
compensation for any of its pre-World War II properties, the Jewish 
community had several of its properties restored.

    Societal Abuses and Discrimination.--Members of Jehovah's Witnesses 
complained that local town councils, Orthodox priests, and laypersons 
continued to impede their ability to freely practice their faith. 
Jehovah's Witnesses complained that on March 22, in the Transnistrian 
town of Parcani, local police harassed their members after local 
inhabitants protested Jehovah's Witnesses' religious services with 
signs denouncing the religion as a ``sect'' and opposing the Witnesses' 
supposed support of the country's NATO membership bid. Local militia 
members carrying whips accompanied the demonstrators. Shortly after 
7:10 p.m. the demonstrators left the scene. Jehovah's Witnesses 
reported similar incidents in other Transnistrian villages during the 
year.
    In Transnistria, non-Orthodox groups complained that they were 
generally not allowed to rent property and were often harassed during 
religious services. They also complained that they were refused 
permission to construct religious buildings.
    The Jewish community has approximately 25,000 members, including 
2,600 living in Transnistria. Synagogues functioned openly in the 
country without harassment.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. Transnistrian authorities at times restricted travel of its 
residents to and from the separatist region. The Government cooperated 
with the Office of the UN High Commissioner for Refugees and other 
humanitarian organizations in providing protection and assistance to 
internally displaced persons, refugees, returning refugees, asylum 
seekers, stateless persons, and other persons of concern. On several 
occasions during the year, Western diplomats stationed in Chisinau were 
denied entry into the secessionist region for routine visits. However, 
on other occasions, they were allowed entry.
    Transnistrian authorities often stopped and searched vehicles 
traveling between the region and the government-controlled area. 
According to the local Helsinki Committee, waits of up to two hours at 
Transnistrian checkpoints occasionally occurred, as did arbitrary fines 
and seizures of goods from persons entering or exiting the region.
    Short-term visitors from government-controlled areas to 
Transnistria were permitted to remain for 10 hours. A longer stay 
required an official letter of invitation and registration at a local 
passport office. Transnistrian authorities allowed farmers from 
government-controlled villages in the Dubasari region of Transnistria 
to travel to areas outside Transnistria to sell their produce.
    The law prohibits forced exile, and the Government did not employ 
it. There were no reports that Transnistrian authorities exiled persons 
from their territory during the year.
    Although citizens generally were able to depart from and return to 
the country freely, there were some limitations on emigration. Before 
persons are allowed to emigrate, the law requires that they satisfy all 
outstanding financial obligations to other persons or legal entities. 
This requirement was not strictly enforced in practice. The law also 
provides that close relatives who are financially dependent on a 
potential emigrant must give their concurrence before the emigrant is 
allowed to depart the country; however, this law was not enforced in 
practice.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status to persons in accordance with the 1951 UN 
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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 UN convention or its 
1967 protocol. Through November 30, 49 persons applied for asylum; 23 
persons were granted protection (including four who received Convention 
status and 19 who received humanitarian protection), and 45 persons 
were rejected. The cases of 26 persons were closed for administrative 
reasons. As of November 30, 151 refugees were residing in the country 
(including 66 with humanitarian protection) and 37 persons were 
awaiting legal or administrative decisions on their applications. 
Refugees and asylum seekers came from over 20 countries; most, however, 
originated in the former Soviet Union (Russia, Chechnya, and Armenia), 
the Middle East, and Africa.

    Stateless Persons.--Citizenship is derived by birth within the 
country's territory and from one's parents. According to UNHCR 
statistics, there were 1,752 stateless persons in the country at the 
end of September. At year's end, the Government and UNHCR reported that 
there were no stateless persons with permanent or temporary residence 
in the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully, and citizens exercised this right in practice in most of 
the country through periodic, generally free and fair elections held on 
the basis of universal suffrage for those over 18; however, authorities 
at times harassed and intimidated the political opposition.
    In Transnistria, authorities restricted the right of residents to 
vote in elections and interfered with the right of Moldovan citizens to 
vote in Moldovan elections.
    The constitution provides for a form of parliamentary government. 
Parliament elects the president by a three-fifths majority vote. The 
president appoints the prime minister, who in turn names a cabinet. 
Parliament must approve both the prime minister and the cabinet.
    Some citizens and party representatives reported interference with 
their political activities during the year. Between March 24 and June 
23, the newly created Liberal Democratic Party (PLDM) collected 
signatures for a petition to amend the constitution to allow direct 
election of the president. Although the constitution requires 200,000 
signatures to initiate a constitutional amendment, on June 21, the 
Central Election Commission demanded 340,000. Many PLDM members were 
summoned to local prosecutor's offices for questioning about their 
political activities after authorities took their contact information 
from petitions. During the PLDM's registration period in January, some 
PCRM and Christian Democratic Party mayors refused to recognize the 
PLDM's petition to establish itself as a new party.
    Mihai Tarsa, an opposition official from the village of Criva, 
claimed that, on June 20, the Criva mayor physically and verbally 
assaulted him for leading the signature collection effort for the 
constitutional amendment in the village. An investigation into the 
matter continued at year's end.

    Elections and Political Participation.--Multiparty parliamentary 
elections in 2005 complied with most international standards for 
democratic elections. While the balloting was free and fair, an OSCE 
election observation mission reported that campaign conditions and 
media coverage preceding the vote ``were not satisfactorily 
equitable.'' As a result, the elections fell short of meeting standards 
``central to a genuinely competitive election process.'' Restrictive 
legal provisions and interference by authorities, particularly at the 
local level, hampered the campaigns of some opposition candidates.
    There were 21 women and 26 members of ethnic minorities in the 101-
seat parliament. Six women, including the prime minister, sat in the 
21-member cabinet. Members of ethnic Russian, Ukrainian, Bulgarian, 
Azeri, and Gagauz communities were represented in parliament.
    On May 14, the Government promulgated amendments to the election 
code that prohibited parties from forming electoral blocs before an 
election and raised the threshold for a party to enter parliament from 
four to six percent of the popular vote. The law made it more difficult 
for small parties to gain parliamentary seats. The amendment also 
requires holders of dual nationality to declare their non-Moldovan 
citizenship before running, and give it up if they win election.
    The Gagauz Christian Turkic minority enjoyed local autonomy in 
Gagauzia in the southern part of the country. According to the OSCE and 
the Council of Europe, the two rounds of voting for governor of 
Gagauzia in 2006 were held in a generally orderly manner and complied 
with most international standards.
    On March 16, first-round elections for the Gagauzia People's 
Assembly took place. Campaigns and voting mostly complied with 
international standards for democratic elections. International 
observers noted minor problems, including a shortage of ballots at some 
polling stations and inconsistencies in applying election rules. 
Problems with the mobile ballot box (taken to the homes of persons 
physically unable to come to polling stations) occurred in three 
constituencies during the March 30 runoff elections; international 
observers noted that some letters requesting the mobile ballot box were 
written in the same script and that, contrary to law, telephone 
requests were accepted.
    On April 23, the Comrat court of appeals annulled the results of 
the March 30 election in Tomai because of a finding of fraud. An 
independent candidate who opposed the PCRM and favored Gagauz Governor 
Formuzal had won the March 30 election. Following a repeat election on 
May 25, the Gagauz Election Commission challenged the results of the 
repeat election, alleging irregularities with the mobile ballot box 
during the voting. The PCRM candidate won the May 25 election and was 
subsequently seated.
    The Gagauz People's Assembly had difficulties electing a speaker, 
and the media alleged violations of democratic procedures including 
violation of the secret ballot.
    During the country's local elections in June 2007, Transnistrian 
authorities aggressively blockaded a polling station at the 
Transnistrian town of Corjova, which was technically under central 
government administration, and beat local councilor Iurie Cotofana and 
detained him for 12 hours. Transnistrian authorities subsequently 
refused to release details of any charges against him. Police also 
arrested mayoral candidate Valentin Besleag and a court later sentenced 
him to 15 days imprisonment for ``distribution of propaganda 
materials'' in Transnistria.
    In Transnistria, authorities interfered with citizens' ability to 
vote. Lack of education about voting rights, lack of transparency 
regarding the location of polling places, restrictions on media, 
widespread progovernment propaganda, and complex rules for transferring 
one's right to vote to one's district of residence interfered with 
residents exercising their right to vote. Since most election 
monitoring organizations did not recognize Transnistria or its 
elections, international monitoring was conducted only on an informal 
basis by Russian NGOs, and it was difficult to determine whether 
Transnistrian elections met international standards.
    During the 2006 Transnistrian ``presidential'' elections, 
authorities interfered with the electoral process and there were 
indications of vote-rigging. Igor Smirnov was reelected ``president'' 
after receiving 82.4 percent of the vote according to official results, 
while exit polls indicated that he received 63.3 percent of the vote. 
Although three candidates ran for office, authorities denied 
registration to a fourth candidate, Andrei Safonov, alleging that some 
of his signatures of support were forged.
    Transnistrian authorities also interfered with the ability of 
Moldovan citizens living in villages under Transnistrian control to 
vote in Moldovan elections. Transnistrian residents were expected to 
vote in the 2005 and 2006 Transnistrian elections, but in one case an 
individual was unable to stand freely as a candidate, while authorities 
prevented the tightly controlled media from reporting freely on 
candidates or issues.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement these laws effectively, and corruption was reported by 
various NGOs and international organizations to be pervasive throughout 
government and society. A Transparency International survey released on 
April 22 revealed that 39 percent of rural citizens and 53 percent of 
business people said they gave bribes to customs officers, police, 
medical and educational institutions, fiscal inspectors, courts, or 
utility meter-readers.
    Corruption in the educational system was also widespread. The law 
penalizes university rectors, deans, and chairs for acts of corrupt 
practices including grade buying and influence peddling, with fines or 
imprisonment of two to seven years. However, the law does not apply to 
professors and lecturers. Teaching regulations from the Ministry of 
Education and Youth fail to address corruption explicitly, and the 
bylaws of the country's major universities do not provide sanctions for 
cheating or bribery.
    The Government acknowledged that corruption was a major problem and 
established special law enforcement agencies, such as the Center for 
Combating Economic Crimes and Corruption (CCECC), and judicial units to 
fight corruption; NGOs asserted that authorities used these units to 
harass political opponents.
    During an April 22 news conference, a Ministry of the Interior 
official stated that the head and deputy head of the ministry's 
antinarcotics subdivision, the head of the Transport Police Authority, 
and nine district commissars and police officers had been reprimanded 
for inefficient work in fighting sales of illegal narcotics.
    During the first 11 months of the year, the PGO recorded 233 cases 
of bribery, 27 allegations of active corruption, and 175 cases of 
passive corruption, and initiated nine criminal cases based on these 
allegations. During the year, the PGO reported that 59 criminal 
investigation officers, 44 public servants, eight customs officers, and 
86 other persons were convicted of corruption-related charges. 
Punishments ranged from imprisonment to fines to community service.
    Although the law provides for free public access to official 
information, implementation remained incomplete. According to a 2006 
Freedom House report, 82 percent of ministries and state agencies 
provided required information. By contrast, only nine percent of town 
halls, 24 percent of local police stations, and 25 percent of courts 
responded to requests for information. NGOs complained that gaining 
access to information required repeated, often unsuccessful, requests 
to authorities. Court decisions ordering release of information were 
not implemented fully or in a timely manner.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
in the country without government restriction, investigating and 
publishing their findings on human rights cases. Government agencies 
were frequently cooperative and responsive to their views.
    In contrast to previous years, the International Organization for 
Migration (IOM) and other local antitrafficking organizations reported 
that government ministries significantly improved cooperation with NGOs 
in providing assistance in the repatriation of victims, their secure 
reception at ports of entry, and rehabilitation upon return.
    During the year police prevented members of Hyde Park, an NGO which 
defends freedom of expression, from holding public protests, and police 
detained several Hyde Park members when they gathered to test 
implementation of the new law on public assembly, which provides the 
right to gather without authorization from the local authorities.
    In March parliament organized public hearings on ECHR decisions 
against the country and issued a statement noting that the Government 
failed to ensure the observance of human rights or sanction public 
officials whose activity led to violations of human rights and 
fundamental liberties. Parliament also criticized the lack of action by 
the Superior Council of Magistrates and the Supreme Court of Justice 
against judges who made rulings that were inconsistent with the law.
    In Transnistria, authorities continued to impede activities of 
human rights groups. For example, the migration service of the 
``ministry of interior'' frequently blocked entry into the region by 
NGOs seeking to meet human rights counterparts and contacts.
    On February 22, Transnistrian police arrested and interrogated Igor 
Gavrilov, director of the NGO Accord Travel, for illegally downloading 
NGO-related documents. Although Transnistrian authorities registered 
the organization in November 2007, they warned the organization to halt 
its activities on various occasions.
    While the Government continued to cooperate with the OSCE, 
Transnistrian authorities frequently limited OSCE access to the 
separatist region, including the four- to eight-mile security zone 
dividing Transnistria from the rest of the country. In August 2007 
authorities in Transnistrian-controlled Bender forced the OSCE to close 
its regional office in the city without explanation. Authorities also 
intimidated property owners to prevent them from renting new office 
space to the OSCE. In September 2007 the OSCE found office space near 
Bender in a building not under Transnistrian control.
    The law provides for four parliamentary ombudsmen who make up the 
independent Moldovan Human Rights Center (MHRC). Parliament appoints 
the ombudsmen to examine claims of human rights violations, advise 
parliament on human rights problems, submit legislation to the 
constitutional Court for review, and oversee MHRC operations. MHRC 
personnel also provided training for lawyers and journalists, visited 
prisons, made recommendations on legislation, and organized roundtable 
discussions.
    In July 2007 parliament enhanced the powers of the ombudsmen, 
granting them authority to independently select the places and persons 
they visit and to use audiovisual equipment and the assistance of 
specialists such as physicians, lawyers, and NGOs. In March parliament 
increased the number of ombudsmen from three to four, with one 
concentrating on children's rights.
    On March 3, parliament criticized the MHRC for its failures to take 
more vigorous actions on human rights violations. According to NGOs, 
cumbersome and non-transparent procedures for appointing new ombudsmen, 
after one died and the terms of two others expired, created uncertainty 
and impeded the MHRC's ability to function effectively.
    In 2006 the MHRC reported receiving 1,913 petitions (1,008 of which 
came from prisoners) and granting 1,715 interviews. The MHRC also 
received more than 6,000 calls to its hot line and hits on its Web 
site. The MHRC reported little or no progress in improving access to 
justice and a fair trial or executing of court decisions, and no 
improvement in prison conditions.
    In Transnistria, authorities continued to control and intimidate 
NGOs by ``inviting'' NGO representatives to meetings with security 
officials and pressuring landlords not to renew leases for office 
space. Authorities restricted NGOs to providing legal advice and other 
assistance on apolitical programs, such as domestic disputes, access 
for the handicapped, and pension rights.
    Although Transnistrian authorities no longer prohibited NGOs 
operating in Transnistria from receiving private funds, the authorities 
encouraged NGOs to cooperate with Russian, Abkhazian, and South 
Ossetian organizations, rather than western NGOs and those operating in 
the rest of Moldova.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
or social status; however, the Government did not enforce the law 
effectively. Trafficking in persons and societal discrimination against 
women and some ethnic minorities, particularly Roma, were serious 
problems.

    Women.--The law criminalizes rape or forcible sexual assault; 
penalties range from three years to life in prison. On September 18, 
the Law on Preventing and Combating Domestic Violence came into effect. 
The new law defines domestic violence as a criminal offense, identifies 
appropriate punishments for perpetrators, defines mechanisms to obtain 
restraining orders against abusive individuals, and addresses spousal 
rape. The law extends protection to unmarried individuals and children 
of unmarried individuals. It also contains a number of important 
provisions, such as the possibility of granting protective orders 
obliging the perpetrator to stay away from the victim; cooperation 
between public administration and civil society organizations; the 
protection of the security of the victim as a human rights principle; 
and the possibility for third parties to file complaints. According to 
the local NGO La Strada, there are no standards for the quality of 
services, or for the identification, assessment or monitoring of cases 
of domestic violence.
    Rape remained a problem and there were no specific government 
activities to combat rape. During the first eleven months of the year, 
249 cases of rape were reported to the MOI. Of that number, 147 cases 
were prosecuted. NGOs believed that many rapes were not reported.
    Domestic violence against women and spousal abuse remained 
widespread problems. Although a law to combat domestic violence entered 
into effect in March, the Government had not yet adopted effective 
mechanisms to enforce the law.
    A survey conducted during the year indicated that at least 40 
percent of women in the country had been victims of a violent act at 
least once in their lifetime. Domestic violence was closely linked to 
the problem of human trafficking, as local NGOs reported that at least 
80 percent of trafficking victims had previously been victims of 
domestic violence.
    Victims of domestic violence generally endured in silence, as the 
problem received little recognition from government, society, or women 
themselves. Unless such violence resulted in serious injuries, it was 
accepted as a normal aspect of private life by both men and women and 
not considered a problem warranting legal intervention.
    Women's groups continued to assert credibly that incidents of 
spousal abuse were underreported. According to the MOI, 2,519 cases of 
spousal abuse were reported in 2007; in 2006, 2,855 domestic violence 
complaints were reported. The actual numbers were believed to be much 
higher.
    The Government supported education efforts, usually undertaken with 
foreign assistance, to increase public awareness of domestic violence 
and to train public and law enforcement officials in ways 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 hotline for battered women. Access to 
such assistance remained difficult for some. Local NGO La Strada 
reported in 2007 that because of cultural concerns, a large majority of 
domestic violence victims interviewed did not request assistance for 
specialized services.
    Violence against women and within the family was a widespread 
phenomenon. Following a July visit, the UN special rapporteur on 
violence against women noted that government officials and public 
authorities did not recognize violence against women as a systemic 
problem; rather, they treated such assaults as a single law enforcement 
event. Police failed to intervene effectively in cases of violence 
against women. There was insufficient care available for victims and 
only one shelter where victims and their children could seek refuge.
    In Transnistria, there is no law prohibiting violence against 
women.
    Prostitution is punishable by a fine of 50 to 75 euros 
(approximately $65 to $97) or administrative arrest for up to 20 days. 
Pimping is a crime with penalties ranging from two to seven years in 
jail. Advertising prostitution in the media is punished with a fine of 
150 euros ($195).
    Sex tourism existed, and the Government failed to implement laws or 
programs to prevent it. The IOM worked to raise awareness of the 
problem among hotel staff and owners.
    Trafficking in women for commercial sexual exploitation was a 
serious problem.
    The law does not prohibit sexual harassment, but it was a common 
problem.
    Although the law provides for full gender equality, in practice, 
women experienced high levels of unemployment and were concentrated in 
poorly paid jobs. According to an EU report released on April 3, the 
country's implementation of a 2006 law on equal opportunities for men 
and women was slow. Women also encountered strong patriarchal attitudes 
and deep-rooted stereotypes that served to perpetuate the subordinate 
position of women in the family and in society.

    Children.--The Government remained committed to improving 
children's rights and welfare; however, conditions for children in the 
country remained difficult.
    Primary education was free and compulsory until the ninth grade, 
although many inadequately funded schools, particularly in rural areas, 
charged parents for school supplies. While not illegal, such fees 
contradicted the Government's policies and resulted in some parents 
keeping their children at home. Government and local authorities 
provided annual assistance of 300 lei ($29) to children from vulnerable 
families for school supplies.
    The law prohibits child neglect and specific forms of abuse, such 
as forced begging; however, child abuse was believed to be widespread. 
According to the Ministry of Social Protection, Family, and the Child, 
during the first five months of the year, the ministry received over 
100 reports of children as victims of sexual violence. During the first 
11 months of the year, law enforcement agencies registered 459 reports 
of crimes against children including 118 reports of sexual abuse and 22 
reports of serious bodily injuries to children. The MOI was responsible 
for investigating and prosecuting cases involving child sexual abuse 
receiving reports of child sexual violence. Although the ministry's 
Department of Minors and Morals maintained statistics on the extent of 
the problem, the department declined to release those statistics.
    The Ministry of Social Protection, Family, and the Child stated 
that protection of children was hampered by problems including: 
inadequate victims' services, lack of reliable data tracking, and 
insufficient legal mechanisms to prevent such abuse or to provide 
special protection to victims. According to the ministry, over 25 
percent of minors admitted to being beaten by their parents, 20 percent 
said they experienced parental verbal abuse, and over 15 percent said 
they lacked food and care. Approximately 10 percent of parents admitted 
to emotionally or physically abusing their children.
    From March 10-14, the Government hosted and participated in a 
regional conference against child exploitation that focused on fighting 
child pornography, sex tourism, and other forms of exploitation. 
Participants from five countries discussed the growing problem of 
Internet distribution of child pornography and recognized deficiencies 
in laws that otherwise could be used to combat child pornography and 
sexual exploitation of children.
    Trafficking of children for the purpose of commercial sexual 
exploitation and begging remained a serious problem. According to the 
Center for Combating Trafficking in Persons (CCTIP), 28 minors were 
trafficked in the first 10 months of the year. The actual numbers were 
believed to be much higher. Police forwarded 19 cases to prosecutors, 
and prosecutors referred 11 to courts for trial.
    Conditions for children in orphanages and other institutions 
remained generally very poor. Underfunding caused major problems such 
as inadequate food, ``warehousing'' of children, lack of heat in 
winter, and disease. In its 2006 report, the MHRC stated that 85 
percent of 10,350 institutionalized children were not orphans; one or 
both parents were living, and had entrusted their children to 
institutions because of poverty or departure to work abroad.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons and provides for criminal penalties; however, trafficking 
was a serious problem, and the country remained a major source, and to 
a lesser extent, country of transit, for trafficked persons, 
particularly women and girls for sexual exploitation and labor.
    Women and children were trafficked for sexual exploitation to 
Turkey, Israel, the United Arab Emirates, Ukraine, Russia, Cyprus, 
Greece, Albania, Romania, Hungary, Slovakia, the Czech Republic, 
Austria, France, Italy, and Portugal. Men and children were trafficked 
to Russia and neighboring countries for forced labor and begging. The 
trafficking of men for work in the construction, agriculture, and 
service sectors is an increasing problem. Of the approximately 900,000 
citizens working abroad, slightly under one percent were believed to be 
victims of trafficking.
    The country was to a lesser extent also a transit point for 
trafficked victims from Ukraine. There were reports of some internal 
trafficking of girls from rural areas to Chisinau.
    Some victims were trafficked through false newspaper advertisements 
promising well-paying jobs abroad. NGOs working with trafficking 
victims noted that, in recent years, face-to-face contact, most 
frequently with friends or relatives who have worked abroad, had become 
the leading means of recruitment. The International Labor 
Organization's (ILO) program for the elimination of child labor 
reported that in many cases traffickers of children were Roma.
    Victims were transported across borders by car, van, train, or on 
foot. Sometimes false documents were used, but increasingly victims 
traveled willingly by plane with genuine documents, believing that they 
were headed for legitimate jobs. Some of the principal traffickers were 
travel and employment agencies. During the first nine months of 2007, 
the MOI reported that it conducted 62 raids to inspect 195 travel and 
employment agencies; it withdrew the licenses of 14 (six travel and 
eight employment agencies) for suspected trafficking. Fines were levied 
amounting to 61,900 lei (approximately $5,951).
    The law provides criminal penalties for trafficking ranging from 
seven years to life imprisonment, depending on the circumstances and 
severity of the offense.
    International organizations and NGOs working with trafficking 
victims noted a significant decrease in trafficking for commercial 
sexual exploitation and a possible decrease in trafficking overall. In 
2007 the IOM registered 273 new trafficking cases compared to 295 in 
2006 and 265 in 2005. Women and girls made up the bulk of the IOM 
beneficiaries. A majority of assisted victims in 2007 were trafficked 
for sexual exploitation, 63 percent of all victims, down from 82 
percent in 2005. Trafficking for labor increased from 9 percent of all 
cases in 2005 to 22 percent of cases in 2007. The Government claimed 
that trafficking overall was decreasing as a result of better 
cooperation between government agencies, law enforcement, NGOs and 
international organizations.
    On May 23, the Chisinau court of appeals sentenced Alexandru Covali 
to 21 years in prison for human trafficking, including trafficking in 
children and pimping in Moldova, Romania, and Ukraine from 2001 to 
2006. Police rescued and identified 24 teenage girls, including 11 
minors. Four of Covali's accomplices received sentences ranging from 
four to 20 years.
    According to a November CCTIP report, judicial authorities and 
police opened 201 trafficking cases during the first 10 months of the 
year. Of these, 133 cases were referred to prosecutors, who sent 77 to 
courts for trial. Additionally, authorities opened 28 cases of 
trafficking in children, and forwarded 19 to prosecutors, who sent 11 
to court for trials.
    On July 8, the Cahul Court of Appeals convicted six members of a 
trafficking network to 21 to 23 years in prison. The defendants were 
found guilty of organizing, creating, and leading a network of 
traffickers in Moldova, Turkey, and Ukraine. They were also found 
guilty of recruiting 16 girls, half of whom were minors.
    During the first 11 months of 2007, the MOI registered 507 
trafficking cases. During the first quarter of the year, the MOI 
registered 214 trafficking cases, a 23 percent increase compared to the 
same period in 2007. Of these, 100 criminal cases went to the court, 
and 35 persons were convicted and sentenced.
    There were continued anecdotal reports that both low- and high-
ranking government officials, as well as border guards and police 
officers, were involved in trafficking. International organizations and 
foreign governments criticized the Government for making insufficient 
efforts to investigate, prosecute, convict, and sentence complicit 
officials. During the year the Government increased its efforts to 
address allegations of officials' complicity in trafficking. The PGO 
began criminal investigations into allegations that former MOI 
antitrafficking employees protected some criminal networks under 
investigation. For example, prosecutors investigated allegations that 
former ministry employees received bribes in exchange for protecting 
members of the Covali group convicted on June 20.
    On June 30, President Voronin accused the CCTIP of having a poor 
record, stating that some of its employees protected criminal schemes 
that trafficked citizens abroad and failed to file or close cases in 
exchange for monetary compensations. On July 16, the president 
appointed a new CCTIP director and temporarily suspended CCTIP staff, 
pending reinvestigation of employees. On September 11, the Government 
announced the restructuring of the center, increasing total staffing to 
105 employees from 63. Of the 63 staff members investigated, only 18 
elected to stay or were retained. One of the staff members who left was 
being investigated for possible corruption.
    The MOI also reported that in the first 10 months of 2007, it 
investigated and closed 33 illegal migration and trafficking networks. 
Of that number, 18 trafficked for sexual exploitation, two for labor 
exploitation, one for begging, and two for internal pimping.
    The Government had few programs to assist victims, in part because 
of limited resources. During the year the Government increased hiring 
of social workers to focus on vulnerable populations, created a pilot 
program for the referral of trafficking victims to protective services, 
and approved an antitrafficking action plan stipulating allocation of 
funds for NGOs. On August 7, the Government approved a new regulation 
on the repatriation of trafficked persons and victims of illegal 
migration, with special provisions for minors, victim protection, 
rehabilitation, and monitoring.
    The Government continued to rely primarily on NGOs and 
international organizations for victim assistance and actively 
cooperated with NGOs. Several NGOs offered repatriation assistance, 
temporary housing, medical care, and job training for victims. The NGO 
Save the Children worked with trafficking victims, particularly 
repatriated girls. Local NGO La Strada provided informational and 
educational services as well as a national toll free hot line. The IOM 
continued a public information program aimed at helping citizens going 
abroad to avoid exploitation. Local NGOs also operated public school 
programs to educate young women about the dangers of prostitution.
    There were reports of a significant amount of trafficking from and 
through the separatist region of Transnistria. The only major effort in 
the region to fight trafficking and provide assistance to victims was 
by the local NGO Interaction. According to Interaction, which operated 
a hotline, the group received 664 calls during the first six months of 
the year. Five hundred were for information on the legitimacy of 
foreign job offers, and 106 were emergency calls. Interaction also 
provided emergency assistance, help in resettlement, and psychological 
counseling to victims, close to half of whom were ages 16-18. 
Authorities in Transnistria neither helped nor hindered Interaction's 
activities.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities; however, the 
Government generally did not enforce the law. The local NGO Gaudeamus 
reported continued widespread discrimination against students with 
disabilities.
    Although national strategies existed for reforming the residential 
child care system, and rehabilitating and integrating persons with 
disabilities, the Government lacked funds to implement them.
    Government regulations mandate access to buildings for persons with 
disabilities; however, few government resources were devoted to 
training persons with disabilities. The Social Assistance Division in 
the Ministry of Social Protection, Family, and Child, and the National 
Labor Force Agency are responsible for protecting the rights of persons 
with disabilities.
    On June 10, the deputy minister of the Ministry of Social 
Protection, Family, and Child stated that the numbers of persons with 
disabilities in the country was growing, totaling over 170,000. ILO 
attributed this increase to greater public awareness. She noted that 
government assistance to persons with disabilities did not satisfy 
their needs. The director of the Center for Services for Students with 
Disabilities stated that the structure of educational institutions and 
the lack of materials for teaching the deaf and blind were examples of 
the failures to meet the needs of persons with disabilities.
    In Transnistria, children with special educational requirements 
rarely attended school and lacked access to specialized resources for 
children with special needs.

    National/Racial/Ethnic Minorities.--Roma suffered violence, 
harassment, and discrimination. Romani NGOs reported that Roma were 
denied medical services, were told that promised jobs are already 
filled when they reported to employment centers, and were subjected to 
arbitrary arrests. Roma were the country's poorest minority group and 
continued to live in unsanitary conditions in segregated communities 
lacking basic infrastructure. These conditions often led to segregated 
education and schools with even fewer resources than existed elsewhere 
in the country. Many Romani children did not attend school, very few 
received a secondary or higher education, and the Government did not 
provide education in the Romani language. Romani NGOs estimated that 80 
percent of Romani children were illiterate. According to a 2007 UNDP 
report, 43 percent of Romani children between the ages of seven to 15 
did not attend school, compared to approximately 6 percent of non-
Romani children.
    Official statistics put the number of Roma at 11,600. However, 
Romani NGOs estimated it to be 200,000, arguing that government census 
forms allowed persons to only identify with one ethnic group, and that 
many Roma declined to identify themselves as Roma.
    In Transnistria, authorities continued to discriminate against 
Romanian speakers. Under a temporary arrangement, eight Romanian-
language schools were allowed to use the Latin script for instruction. 
School employees complained that the arrangement, which applied to all 
Romanian-language schools, could be rescinded arbitrarily at any time 
by the authorities. Libraries did not stock books in Latin-script 
Romanian. Approximately 5,000 children attend eight Latin-script 
Romanian-language schools in Transnistria.
    On August 8, Transnistrian police in Dubasari summoned the director 
of the Romanian-language Harmatca school after an NGO initiated a 
fundraising drive to repair the building and prepare it for the 
upcoming school year. Police interrogated him about the July 
fundraising events and prohibited him from participating in the 
campaign to collect funds and equipment. Police also threatened and 
intimidated other school officials.
    At year's end negotiations between the central government and local 
Transnistrian educational authorities on the operation of Romanian-
language schools had not resumed, nor was there progress on returning 
the confiscated school buildings of the Evrica high school in Ribnita 
and the Stefan cel Mare high school in Grigoriopol. The Evrica high 
school continued to meet in temporary quarters rented from a local 
steel plant after authorities confiscated its building just after the 
central government finished construction in 2004. The central 
government provided Grigoriopol students with transportation and 
facilities in the government-controlled town of Dorotcaia.
    In contrast to previous years, there were no reports that nonwhite 
foreigners were denied entry into Chisinau businesses because of their 
ethnic origin.

    Other Societal Abuses and Discrimination.--There were reports of 
governmental and societal discrimination based on sexual orientation. 
According to the gay rights NGO GenderDoc-M, lack of community 
recognition, negative media portrayals, and condemnation by the 
Orthodox Church often led to public ostracism of gays, lesbians, 
bisexuals, transgendered persons, and their families.
    During the year public officials spoke out against homosexuality. 
In a speech before parliament on May 15, deputy speaker Iurie Rosca 
stated that Moldovans should respect personal privacy and the freedom 
to choose sexual orientation, but reject ``public displays'' of 
homosexual behavior. He noted that parades and such ``public displays'' 
have a negative impact on children's psychic and moral development.
    During a May 11 protest organized by GenderDoc-M, security forces 
observed from a distance as hundreds of people aggressively blocked the 
bus carrying GenderDoc-M participants. Police failed to address 
emergency calls from the participants. According to one participant who 
called the police emergency line, a police officer said: ``Yes, we know 
you are being attacked; what do you want us to do about it?'' Although 
the Chisinau mayor's office initially approved the group's plan for the 
march, on May 9 Mayor Dorin Chirtoaca withdrew permission, claiming 
that he did so to avoid violence.
    In Transnistria, homosexuality is illegal, and gays and lesbians 
were subject to governmental and societal discrimination.
    Several NGOs reported instances of discrimination against persons 
with HIV/AIDS, particularly in rural villages.
    The NGO Pacifists without Borders accused military centers and 
conscription commissions of violating the rights of the persons who 
have reached the age of conscription for military service (18). The NGO 
stated that, to reach its conscription targets, military centers and 
conscription commissions declared some young men were physically and 
mentally fit for conscription without medical exams and without taking 
into account their beliefs and values.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers the right to 
form and join independent unions; however, this right was not respected 
in practice. Approximately 50 percent of the workforce was unionized. 
The law also provides for the right to strike, except for government 
workers and workers in essential services such as law enforcement. 
Healthcare providers and public utility employees were not allowed to 
strike during duty hours. Workers exercised this right by conducting 
legal strikes during the year. The law provides for the right for 
unions to conduct their activities without governmental interference; 
however, the Government did not always respect these rights in 
practice.
    In June 2007 the Trade Union Confederation of Moldova (TUCM) and 
the Confederation of Free Trade Unions Solidaritate (Solidarity) merged 
to form the Moldova National Confederation of Trade Unions (MNCTU). 
Although the two organizations were at odds and Solidarity was believed 
to enjoy government support, the merger took place without complaint by 
members of either organization.
    During the year, the Government refused to register a trade union 
association. On February 3, delegates from 30 workplace organizations 
convened in Chisinau to establish the Trade Union Association of Public 
Administration and the Civil Service. However, the Ministry of Justice 
refused to register the new trade union, asserting that the district 
organizations of the 30 entities had not been registered. Labor rights 
groups noted, however, that the law requires only national registration 
and makes no provision for registration of district trade union 
associations. After several court cases and appeals, on November 12 the 
Supreme Court declared that the ministry's refusal to register the 
union was legal. Without registration, the union lacked legal 
personality, and therefore could not operate. This decision was 
criticized by the International Trade Union Confederation and other 
international and domestic labor rights organizations.
    On February 14, unknown assailants set a fire outside the home of 
labor activist Grigore Slanina, a leader of the Trade Union Association 
of Public Administration and Civil Service. Slania had previously 
received anonymous threats.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining and the right to organize; however, 
the Government did not always respect these rights in practice.
    The law does not stipulate penalties for violating trade union 
rights. As a result, prosecutors may reject appeals by trade unions 
against antiunion behavior by employers and the Government; violations 
of the trade union law remained unpunished.
    There are no special laws or exemptions from regular labor laws in 
export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, with exceptions. The laws and a government 
decision encourage compulsory labor by allowing central and local 
authorities as well as military bodies to mobilize the adult population 
under certain conditions, and use such labor to develop the national 
economy. However, the Government did not use this provision during the 
year. Men, women, and children were trafficked for commercial sexual 
exploitation and labor.
    The law prohibits forced or compulsory child labor. However, there 
were anecdotal reports that such practices occurred, particularly in 
the countryside during the harvest season when some children were 
compelled to work in fields. According to the Labor Inspection Office 
(LIO), no cases of forced labor or forced child labor were discovered 
in the 2006-07 period.

    d. Prohibition of Child Labor Practices and Minimum Age for 
Employment.--Although the law sets standards for child labor, including 
the minimum age for employment, hours of work, and working conditions, 
and prohibits the worst forms of child labor, the Government did not 
effectively enforce these protections. Child labor was a problem. 
Because of poor economic conditions, parents often sent children to 
work in fields or to find other work, and those children living in 
rural areas often assisted in the agricultural sector. According to a 
2007 ILO report, two-thirds of rural children were engaged in farm work 
by the age of 14. There were also reports that farms and agricultural 
cooperatives signed contracts with school directors to have students 
help with harvesting during the high season in autumn; the children 
were paid for the work.
    A 2006 UN Children's Fund study on intrafamily violence found that 
four out of 10 children between the ages of 10 to 16 were unable to 
complete their homework, rest, or participate in social activities with 
friends because their families forced them to engage in house and farm 
work after returning from school.
    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. Children aged 15 were permitted to work if they obtain 
written permission from a parent or guardian. According to figures 
gathered by the ILO from the National Bureau of Statistics, there were 
7,100 persons under the age of 18 in the workforce, or approximately 1 
percent of all workers. However, these figures likely understated the 
problem because labor inspectors visited only 4 percent of all 
companies. The Government did not track the number of children under 15 
who were employed.
    There were reports that children were trafficked within and to 
points outside the country for commercial sexual exploitation, labor, 
and begging. The law provides for 10 to 15 years' imprisonment for 
persons involving children in the worst forms of child labor; under 
aggravated circumstances, the sentence could be life imprisonment.
    Efforts to enforce child labor laws did not deter violations. The 
most common violations involving persons under 18 involved failure to 
issue work contracts, illegal overtime, scheduling work during school 
hours, and underpayment or nonpayment of wages. In 2007 the LIO 
reported that, of 371 child labor cases it investigated, 298 cases 
concerned hazardous conditions of work. Fifteen of these cases were 
deemed abusive and involved children working cultivating mushrooms, 
assembling boxes for agricultural goods, and smoking fish. The cases 
classified as nonabusive but hazardous involved children working 
without medical checks; children working evenings, late, or extended 
hours; and children under the age of 16 working without parental 
consent. Children also worked illegally in the production of factory 
goods such as clothing, toys, and automobile electrical parts. Children 
also commonly worked in theaters, car washes, and in carpentry, 
agriculture, trade, and transportation.
    In December 2007 the Moldovan Council of the National Federation of 
Employers in Agriculture and Food Industry adopted a code of conduct 
for eliminating the worst forms of child labor in the agriculture and 
food industry.

    e. Acceptable Conditions of Work.--The legal minimum monthly wage 
was 400 lei ($38) per month. According to the National Bureau of 
Statistics, the average gross salary was 2,609 lei ($251) per month as 
of October. The Government estimated that the minimum living wage was 
1,315 lei ($126). Average disposable income was only 1,094 lei ($105) 
per month. The LIO is responsible for enforcing the minimum wage. The 
Government as well as private sector employers often did not pay wages 
on time.
    In 2007 the LIO performed 6,362 checks on state and private 
workplaces, representing 4 percent of all enterprises in government-
controlled areas. Through visits and complaints from the public, LIO 
registered 63,728 violations of labor laws. Only 78 of these violations 
were forwarded to the law enforcement bodies. In 2007 the LIO found 140 
illegal workers at 40 enterprises.
    On July 2, the new labor code entered into force. According to the 
code, work contracts must be concluded even by private farmers, who 
have to register their contracts with the mayor's office and send 
copies to the local labor inspectorate. However, there were no reports 
of such contracts being entered into, and the central government did 
not have a mechanism in place to monitor compliance with this 
requirement.
    A thriving labor black market accounted for a majority of the 
country's economic activity. Analyst Veaceslav Ionita estimated that 
there was a turnover of some 50 billion lei (approximately $4.8 
billion) in the black labor market and that, while official statistics 
indicated only 620,000 persons of the 2.3 million labor force were 
officially employed, over 1.2 million persons were actually working.
    The law sets the maximum workweek at 40 hours with extra 
compensation for overtime, and the law provides for at least one day 
off per week. LIO field visits led to the sanctioning of violations 
when discovered, but staff and funding deficiencies limited the 
frequency of such visits. While the country had few foreign or migrant 
workers, the law provides equal status to foreign and domestic workers.
    The Government is required to establish and monitor safety 
standards in the workplace, and the LIO was responsible for enforcing 
health and safety standards. For example, during the first four months 
of 2007, the LIO conducted 2,001 health and safety inspections. The PGO 
accused the LIO of limiting its activity to finding violations, while 
failing to undertake measures necessary to ensure future compliance. 
Monitoring carried out by prosecutors revealed that the most frequent 
violations related to citizens' rights to work (including reasonable 
conditions of work and right to a paid vacation), payment and labor 
protection, and social and medical assistance.
    In April the Government expanded a list of hazardous jobs for which 
employees receive small amounts of additional compensation. According 
to the LIO construction, transportation, and agricultural sectors tend 
to be the most dangerous.
    The law provides workers the right to refuse work if conditions 
represent a serious health or safety threat; there were no reports that 
workers exercised this right in practice. Poor economic conditions led 
enterprises to economize on safety equipment and provide inadequate 
attention to worker safety.

                               __________

                                 MONACO

    The Principality of Monaco, with a population of some 35,000, 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 from a list of 
candidates proposed by France. The other members are the counselor for 
the interior, the counselor for public works and social affairs, and 
the counselor for finance and the economy. Legislative power is shared 
between the prince and the popularly elected 24-member National 
Council. The most recent National Council election was conducted on 
February 3 and was considered free and fair. Civilian authorities 
generally maintained effective control of the security forces.
    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. However, citizens did not 
have the right to change their 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and 
there were no reports that officials employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards. The Government permitted visits 
by human rights monitors.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the national police force and the 
Carabiniers du Prince. The Government has effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest and Detention.--Arrest warrants are required, except when a 
suspect is arrested while committing an offense. The police must bring 
detainees before a judge within 24 hours to be informed of the charges 
against them and of their rights under the law. Most detainees are 
released without bail, but the investigating magistrate may order 
detention on grounds that the suspect might flee or interfere with the 
investigation of the case. The magistrate may extend the initial two-
month detention for additional two-month periods indefinitely. The 
magistrate may permit family members to see detainees, and it is 
customary for magistrates to do so.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice. Under the law, the prince delegates 
his judicial powers to the judiciary.

    Trial Procedures.--The law provides the right to a fair public 
trial, and an independent judiciary generally enforced this right. As 
under French law, in criminal cases a three-judge tribunal considers 
the evidence collected by the investigating magistrate and hears the 
arguments made by the prosecuting and defense attorneys. The defendant 
enjoys a presumption of innocence and the right of appeal. The 
defendant has the right to be present and the right to counsel, at 
public expense if necessary. Defendants have the right to question 
witnesses against them and to present their own witnesses. Defendants 
and their attorneys have access to government-held evidence relevant to 
their cases. After prisoners receive a definitive sentence, they are 
transferred to a French prison to serve out their terms.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The principality has an 
independent and impartial judiciary for civil matters, and there is 
access to a court to bring lawsuits seeking damages for, or cessation 
of, a human rights violation. Administrative remedies are available for 
alleged wrongs, and are regularly used by plaintiffs.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights. The penal code, however, prohibits public 
denunciations of the ruling family, a provision that the media 
respected in practice. The independent media were active and expressed 
a wide variety of views without restriction.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by electronic 
mail. Internet use is widespread, supported by an advanced and robust 
telecommunications infrastructure.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for freedom of assembly and association, and the 
Government generally respected these rights in practice.
    Outdoor meetings require police authorization, but there were no 
reports that police withheld authorization for political or arbitrary 
reasons. Formal associations must be registered and authorized by the 
Government, and there were no reports that the Government withheld 
registration for political or arbitrary reasons.

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. Roman 
Catholicism is the state religion. The Government denies permission to 
operate to religious organizations found on the French Interministerial 
Mission for Monitoring and Combating Cultic Deviances (MIVILUDES) 
``cult'' list, but there were no reports of any registration 
applications being received or denied during the year.
    There is no law against proselytizing by religious organizations 
that are formally registered by the Ministry of State; however, 
proselytizing was strongly discouraged and no missionaries operated in 
the principality.

    Societal Abuses and Discrimination.--There were no reports of 
societal violence, harassment, or discrimination against members of any 
religious group. The Jewish community is extremely small, and there 
were no reports of anti-Semitic acts.
    For a more detailed discussion see the 2008 International Religious 
Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government was committed to cooperate with the Office of 
the UN High Commissioner for Refugees and other humanitarian 
organizations in providing protection and assistance to refugees, 
asylum seekers, stateless persons, and other persons of concern. All 
refugees would be screened by France according to standard Schengen 
procedures before entering the principality.
    Residents moved freely across the country's open borders with 
France. Nationals can lose their citizenship for specified acts, 
including if another nationality has been voluntarily acquired or if 
military service was accomplished within a foreign army. Only the 
prince can grant or restore nationality, but he is obliged by the 
constitution to consult the Crown Council on each case before doing so. 
The Crown Council, consisting of seven citizens appointed to serve for 
a three-year period, meets at least twice a year to deal with the 
highest state issues.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
refugee and asylum status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol. The 
principality depends on bilateral arrangements with France to provide 
refugee protection. There were no reported cases of the Government 
granting refugee status or political asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The sole authority to change the Government and to initiate laws 
rests with the prince. The 1962 Constitution can be revised by common 
agreement between the prince and the elected National Council.

    Elections and Political Participation.--As head of state, the 
prince plays 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. The law 
prohibits public denunciations of the ruling family.
    Only the prince may formally 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 are held every five 
years and are based on universal adult suffrage and secret balloting. 
National Council elections held on February 3 were considered free and 
fair. Several political parties exist, operate freely, and are active 
on both the national and municipal level.
    There were six women in the 24-member National Council, and two 
women in the seven-member Crown Council.
    There were no members of minorities in the Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption during the year, but no formal proceedings 
against government officials for corruption. Public officials are not 
subject to financial disclosure laws.
    The law provides for public access to government information and 
the Government provided access in practice for citizens and 
noncitizens, including foreign media.
Section 4 Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While the Government imposed no restrictions on the establishment 
or operation of local groups devoted to monitoring human rights, no 
such groups were formed, nor did foreign groups 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 accorded to nationals, including 
preference in employment, free education, and assistance to the ill or 
unemployed, and those accorded to all residents, including 
inviolability of the home. The law prohibits discrimination based on 
race, gender, disability, language, or social status, and the 
Government generally enforced it.

    Women.--Rape, including spousal rape, is a criminal offense. There 
were no prosecutions during the year.
    Reported instances of violence against women were rare. Spousal 
abuse is prohibited by law, and victims may bring criminal charges 
against their spouses.
    Prostitution is illegal, and overt prostitution was uncommon, 
although it existed to an extent in a well-hidden form. No data was 
available as to whether there were any arrests during the year.
    Sexual harassment is illegal, and the Government effectively 
enforced the law. There were no reports of sexual harassment during the 
year.
    Although the country has legislated the equality of men and women 
in the civil code, there is no institution with a mandate to monitor 
gender inequalities. The law governing transmission of citizenship 
provides for equality of treatment between men and women who are 
nationals by birth.
    Women were represented fairly well in the professions, but less 
well in business. While no data were available, observers believed that 
there was a small-and gradually diminishing-gender pay discrepancy.

    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.

    Trafficking in Persons.--The law does not prohibit trafficking in 
persons; however, there were no reports that persons were trafficked 
to, from, or within the country.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--There was no reported governmental or 
societal discrimination against persons with disabilities. The law 
requires that public buildings provide access for persons with 
disabilities, and this goal has been largely accomplished.

    Other Societal Abuses and Discrimination.--There were no reports of 
violence or discrimination based on sexual orientation or against 
persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--By law, workers are free to form and 
join independent unions of their choice, but fewer than five percent of 
workers were unionized. Relatively few workers, unionized or 
nonunionized, resided in the principality. Unions were independent of 
both the Government and political parties.
    The constitution and law provide for the right to strike; two 
strikes at major companies were reported during the year. Government 
workers, however, may not strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the free exercise of union activity, and workers exercised 
this right in practice. Agreements on working conditions were 
negotiated between organizations representing employers in a given 
sector of the economy and the respective union. Collective bargaining 
is protected by law; however, it is used rarely. Antiunion 
discrimination is prohibited. Union representatives can be fired only 
with the agreement of a commission that includes two members from the 
employers' association and two from the labor movement. Allegations 
that an employee was fired for union activity may be brought before the 
labor court, which can order redress, such as the payment of damages 
with interest.
    There are no export processing zones.

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

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is 16 years; those employing children under 
that age can be punished under criminal law. Special restrictions apply 
to the hiring, work times, and other conditions of workers 16 to 18 
years old. The counselor of government for the interior is responsible 
for enforcing the child labor laws and regulations, and they were 
effectively enforced.

    e. Acceptable Conditions of Work.--The legal minimum wage for full-
time work is the French minimum wage, 8.71 euros per hour 
(approximately $11.80), plus a 5 percent adjustment to compensate for 
the travel costs of the three-quarters of the workforce that commuted 
daily from France. The minimum wage provided a decent standard of 
living for a worker and family. Most workers received more than the 
minimum.
    The legal work week was 39 hours. The Government allows companies 
to reduce the work week to 35 hours if they so choose. Health and 
safety standards are fixed by law and government decree. These 
standards were enforced by health and safety committees in the 
workplace and by the Government labor inspector.
    Workers have the right to remove themselves from dangerous work 
situations without jeopardy to their employment, and the authorities 
effectively enforced this right.

                               __________

                               MONTENEGRO

    Montenegro is a mixed parliamentary and presidential republic with 
a population of approximately 630,000. A new constitution, approved by 
the unicameral parliament (the Assembly) in October 2007, retained the 
country's existing governmental system in which both the Assembly and 
the president are elected by popular vote. In 2006, following a 
national referendum, the country declared its independence from the 
State Union of Serbia and Montenegro. On April 6, Filip Vujanovic, the 
candidate of the ruling Democratic Party of Socialists (DPS), won 
reelection as president. Observers of the Organization for Security and 
Cooperation in Europe (OSCE) and the Council of Europe (COE) stated 
that ``nearly all aspects of the election were found to be in line with 
international standards for democratic elections.'' Civilian 
authorities generally maintained effective control of the security 
services.
    The Government generally respected the human rights of its 
citizens; however, numerous problems persisted, including police 
mistreatment of suspects in detention, substandard prison conditions, 
abusive and arbitrary arrests, police impunity, lengthy pretrial 
detention, delayed and inefficient trials, widespread perception of 
corruption in law enforcement agencies and the judiciary, harassment of 
journalists, discrimination against the large number of internally 
displaced persons (IDPs), discrimination against women, trafficking in 
persons, and discrimination against ethnic minorities, particularly 
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 that the Government or its agents committed arbitrary or 
unlawful killings.
    Authorities pursued four cases of alleged war crimes during the 
year. In July the Office of the Chief State Prosecutor indicted eight 
officers and soldiers of the Podgorica Corps of the former Yugoslav 
People's Army (JNA) suspected of killing 23 Albanian civilians in 
Kaludjerski Laz near Rozaje during the 1999 NATO intervention. The 
Albanians were trying to escape from the war in Kosovo. The Higher 
Court of Bijelo Polje detained seven of those charged, and an 
international arrest warrant was issued for the eighth. In December the 
detainees went on a hunger strike to protest delays in commencing the 
trial.
    On August 15, the Office of the State Prosecutor indicted six 
former soldiers and reservists of the JNA whom they had investigated 
for committing war crimes in the Morinj prisoner of war camp. From 
October 1991 to August 1992, 169 Croatians captured near Dubrovnik were 
detained in Morinj, on Kotor Bay; eight later died, allegedly from 
torture. Five suspects remained in custody at the end of the year; one 
remained at large. They were charged with torture, inhuman treatment, 
and violation of the physical integrity of the Croatian prisoners.
    An investigation was pending at year's end into allegations that 
seven former military and police personnel committed war crimes against 
Muslims in 1992 and 1993 in the Bukovica region in the north of the 
country.
    The Higher Court in Podgorica completed its investigation of five 
police officers alleged to have been directly involved in the 1992 
deportation of Muslims to Republika Srpska, where they were later 
killed. The case was forwarded to the Special Prosecutor to decide on 
further action. There were press reports that the investigation was 
expanded to include another four police officials. On November 18, the 
private vehicle of Slobodan Pejovic, a former police inspector from 
Herceg Novi and a witness in the case, was vandalized. The perpetrators 
were not found.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
police at times beat and harassed suspects who were being arrested or 
were detained for questioning.
    On June 18, the nongovernmental organization (NGO) Youth Initiative 
for Human Rights (YIHR) asserted that the number of cases of police 
misconduct and politically motivated violence had increased during the 
first four months of the year; however, police denied the assertion, 
stating that the number accusations of unlawful police conduct 
decreased. In a later report, covering September through December, YIHR 
noted fewer cases of police misconduct than in their earlier reports. 
YIHR also stated that 26 policemen suffered bodily injuries while 
performing their duties during the reporting period.
    According to information authorities provided to the COE's 
Committee for the Prevention of Torture (CPT) for use in preparation of 
the initial report on their October visit to the country, 92 cases 
involving allegations of torture and abuse were forwarded to the state 
prosecutors' offices in 2007. They processed a total of 157, including 
cases forwarded in previous years. Of the 92 cases forwarded in 2007, 
the prosecutors rejected charges against 34 persons and indicted 30 
persons, bringing the total indictments, including some from earlier 
years, to 96. The courts decided 46 cases in 2007 and rendered 25 
guilty verdicts, nine acquittals, and 12 dismissals for lack of 
evidence. Two of the guilty verdicts resulted in prison sentences, five 
in fines, and 18 in suspended sentences.
    Although there is a legally mandated agency to which citizens may 
address complaints of abuse, the Council for Civilian Control of Police 
Operations, its actions were limited. Since its establishment in 2004, 
it reviewed approximately three hundred citizen complaints and 
responded by forwarding its recommendations to police.
    Former boxer Aleksandar Pejanovic claimed that police tortured him 
while he was in their custody following his arrest for allegedly 
assaulting a police officer during an October 13 protest against the 
Government's decision to recognize the independence of Kosovo. An 
investigation by the police internal affairs unit exonerated the 
officers; however, the state prosecutor opened an investigation into 
the matter. Press reports of the incident included photographs showing 
bruises on Pejanovic's face and body after his release. Following this 
incident, Police Director Veselin Veljovic subsequently ordered that 
video cameras be installed in the detention units of the police 
stations in Podgorica, Bar, Budva, Herceg Novi, Bijelo Polje, Niksic, 
Berane, and Pljevlja.
    Others charging police abuse included Nenad Ivezic from Podgorica, 
who claimed that on April 13, police beat him without cause. The state 
prosecutor for Podgorica was investigating the charges at year's end.
    Officer Dragan Lazarevic was convicted in the beating of Milenko 
Pejanovic from Savnik. The Basic Court of Zabljak sentenced Lazarevic 
to two years' probation. At year's end prosecutors were reviewing the 
cases of three Budva police officers Milovan Rakocevic, Slobodan 
Musovic, and Zoran Jancer found by an internal police investigation to 
have used excessive force against Risto Mijanovic, a minor from 
Cetinje. The Police Disciplinary Commission had earlier garnished 20 
percent of Rakocevic's and Musovic's salaries for the month in which 
they committed the offense and exonerated Jancer. The legal proceeding 
was pending with the state prosecutor of Kotor.
    Trials were underway or pending in a number of cases involving 
possible police misconduct, including police officers in Bar Nesko 
Jaredic, Veselin Buskovic, Rifat Ramusovic, and Ivica Raicevic who were 
charged with beating Predrag Djukic and Ivan Abramovic in a police 
station in July 2007. (The state prosecutor also indicted the two 
alleged victims for assaulting and inflicting serious bodily injury 
upon a police officer.) Two former police officers charged with abuse 
of power, extortion, and mistreatment of a flower seller in Herceg Novi 
were awaiting trial at year's end. The officers were dismissed in 2007.
    On October 30, five members of the Special Police Antiterrorist 
Unit Marko Kalezic, Darko Sekularac, Nenad Scekic, Branko Radickovic, 
and Milorad Mitrovic were found guilty of mistreating and inflicting 
minor injuries on Pjetar Sinistaj, father of two defendants accused of 
plotting terrorist attacks on the eve of Assembly elections in 2006. 
According to media reports, the prosecutor was considering filing 
charges against other members of the police unit involved once a full 
investigation was complete.
    At year's end, according to media reports, an investigative judge 
was reviewing evidence that in 2005 the then-police chief of Podgorica, 
Milan Vujanovic, ordered the beating of the prisoners in Spuz Prison 
when Montenegrin Special Police raided the prison's detention unit. 
Several prisoners were hospitalized with severe injuries.
    During the year the Basic Court in Berane opened an investigation 
of police officers Ivan Bojovic, Nebojsa Veljic, and Zeljko Devic, 
accused of abusing four Kosovo Albanians during their detention in July 
2007. The trial had not begun at year's end.

    Prison and Detention Center Conditions.--Prisons, especially 
facilities for pretrial detainees, were dilapidated, overcrowded, and 
poorly maintained. There were some improvements during the year: 
detention units in several police stations (Podgorica, Budva, Bar, 
Herceg Novi, Niksic, Bijelo Polje, Berane, and Pljevlja) were renovated 
and equipped with air conditioning and video surveillance. The 
ombudsman and other human rights activists visited these detention 
units. Authorities completed construction of two new pavilions in the 
main prison in Spuz to house convicted inmates; they also renovated 
three existing pavilions, introduced video surveillance, built a local 
well, and established resocialization workshops. Prison authorities 
stated that funds had been allocated for a new 16,146 square foot 
building at Bijelo Polje Prison, located in the northern part of the 
country.
    On September 5, two NGOs and the victim's mother reported that 
police beat and otherwise mistreated detainee Vladana Kljajic in the 
female detention unit in Spuz Prison. Prison authorities claimed that 
Kljajic broke prison rules and was appropriately disciplined rather 
than beaten. Prison authorities filed charges against Kljajic for 
assaulting an official, while Kljajic's mother filed charges against 
the prison warden.
    In contrast to previous years, there were no reports of juveniles 
held in the same cells with adult prisoners.
    The Government permitted human rights observers, including the 
International Committee of the Red Cross (ICRC) and local NGOs, to 
visit the prisons and detention units to speak with the prisoners 
without the presence of a guard. Both the ICRC and the Helsinki 
Committee of Montenegro made repeat visits during the year. 
Representatives of the human rights ombudsman's office routinely 
visited prisons without prior notice, meeting with detainees and 
inmates.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions. There were no public reports that police 
arrested and interrogated human rights activists.

    Role of the Police and Security Apparatus.--The national and border 
police were responsible for law enforcement and maintenance of order. 
They worked under the supervision of the Interior Ministry and were 
generally effective. The National Security Agency (ANB) is a separate 
entity within the Interior Ministry. The parliamentary Committee for 
Defense and Security held regular meetings with the directors of police 
and the ANB. Within the Defense Ministry there is a Department for 
Defense, Security, Communication, and Crypto Protection that deals with 
intelligence issues.
    According to the COE's Commissioner for Human Rights, who visited 
the country in June, ``criminal proceedings against law enforcement 
officers for extortion of evidence, ill treatment, torture, or abuse of 
office happen relatively seldom and are not conducted efficiently. 
Verdicts are reached in a small number of reported cases only to be 
followed by admonitions, suspended sentences, and fines.'' During the 
first nine months of the year, four officers were dismissed and 20 
fined for abuse of office and exceeding authority.
    Police corruption and inappropriate governmental influence on 
police behavior remained problems; the small, close knit society 
discouraged the reporting of corruption and facilitated criminals' 
access to law enforcement officers. The Interior Ministry's Internal 
Affairs Unit took disciplinary measures to address those problems.
    The Government, with the help of foreign governments and the OSCE, 
provided training for police, security, and customs officers.

    Arrest and Detention.--Arrests require a judicial warrant or a 
``strong suspicion that the suspect committed an offense.'' Authorities 
may detain suspects for up to 48 hours before bringing them before a 
judge and charging them. At arraignment the judge makes an initial 
determination about the legality of the detention. In practice 
arraignment generally occurred within the prescribed period. The law 
provides for access to an attorney during this initial period. 
Detainees generally had prompt access to family members. There is a 
system of bail; however, it was not widely used because citizens could 
rarely raise money for bail. The law permits authorities to detain 
suspects up to six months before holding a preliminary hearing and 
allows a defendant to be detained for up to two years before a verdict 
is issued. The law permits up to two years of further detention, a 
period that begins when the appeals court vacates the conviction and 
returns the case for a new trial in the court of original jurisdiction. 
These time limits were generally respected.
    Long trial delays, combined with difficulty in meeting conditions 
for bail, frequently led to lengthy pretrial detention. The law 
prohibits excessive delays by authorities in filing formal charges 
against suspects and in opening investigations; however such delays 
occurred regularly. Due to the inefficiency of the courts, cases often 
took an excessively long time to come to trial, without any apparent 
reason, and trials themselves were subject to frequent interruptions. 
Pretrial detainees on average accounted for 50 percent of the prison 
population. The length of pretrial detention was estimated to be less 
than one year in 90 percent of cases. In September there were 409 
convicted inmates and approximately 500 detainees.

    Amnesty.--On July 29, the Assembly adopted a Law on Amnesty that 
authorizes a 25 percent reduction in sentences for certain crimes 
committed before May 2006; the law applied to both citizens and foreign 
nationals serving their sentences in the country.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, some observers charged that the 
judiciary was not always independent and that government officials at 
times influenced prosecutors for political and personal reasons. There 
were reports that some judges had inappropriate ties to business 
leaders or issued tainted decisions out of fear of reprisals, including 
the loss of their jobs. Some observers contended that executive and 
parliamentary branches, through the process of proposing and adopting 
the budget for the courts, could influence the independence of the 
judiciary. Some contended that the housing allocations for judges 
should be regulated more transparently to eliminate any concerns about 
inappropriate influence. Some observers also asserted that the system 
of judicial appointments itself contained inadequate protections 
against political influence on the judiciary.
    Insufficient cooperation between police and prosecutors, a large 
backlog of cases, frequently primitive courtroom facilities, and 
judicial corruption also remained problems. Cases could take years to 
be resolved.
    The court system consists of basic courts, higher (district) 
courts, commercial courts, an appeals court, an administrative court, 
the Supreme Court, and the Constitutional Court.
    On August 5, Podgorica Higher Court convicted 17 persons, including 
four U.S. citizens, of planning a rebellion against the country with a 
view to creating an autonomous region for ethnic Albanians. They were 
arrested in a 2006 raid in Tuzi on the eve of parliamentary elections. 
Police reportedly found a large stash of weapons and plans to attack 
government buildings, and authorities asserted that police had foiled a 
terrorist plot. Most of the accused were released briefly following 
their conviction, but the court decided to rearrest them pending 
appeals. The defendants claimed that they were physically abused during 
their initial arrest and were forced to make statements under duress.
    On September 15, a Special Department for Suppressing Organized 
Crime, Corruption, Terrorism, and War Crimes was established within the 
Chief State Prosecutor's Office.

    Trial Procedures.--Criminal trials are generally public, but 
sessions may be closed during the testimony of a state protected 
witness. Defendants have the right to be present at their trials and to 
consult with an attorney in a timely manner. Defendants have a right to 
an attorney; an attorney is generally provided at public expense when a 
defendant is destitute, or following an indictment when the charge 
carries a possible sentence greater than 10 years in prison. Defendants 
and their attorneys have the right to access government held evidence 
relevant to their cases; according to the law, defendants enjoy a 
presumption of innocence. Both the defense and the prosecution have the 
right of appeal. Although the Government at times influenced the 
judiciary, defendants' rights were generally respected and extended to 
all citizens.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent judiciary in civil matters. Parties have 
brought suits alleging human rights violations and at times prevailed.
    On December 26, a settlement agreement was concluded with the 
victims and members of their families who sued the Government over the 
1992 deportation of Muslims and Bosniaks to Republika Srpska in Bosnia 
and Herzegovina, where they were subsequently killed or disappeared. 
Under the agreement, 4.13 million euros (approximately $5.8 million) 
were allocated to settle 42 cases. The decision came after several 
years of litigation in which courts had awarded damages but authorities 
had appealed the verdicts, avoiding payment of the awards. According to 
the plaintiffs' attorney, the settlement amount was paid.
    Approximately 300 cases involving the country were pending before 
the European Court for Human Rights (ECHR). Most related to property 
restitution, property rights, lengthy pretrial detention, media 
freedom, mistreatment by police, violations of the right to a timely 
trial, or the right to information.

    Property Restitution.--There was no reported progress on the 
restitution of church property. The Serbian Orthodox Church accused the 
Government of applying the restitution law in a discriminatory manner. 
There was no decision in a suit filed by that Church in 2005 with the 
ECHR alleging that delays in addressing its claims for property taken 
by the Government after World War II were politically motivated. The 
Roman Catholic Church and Islamic community also asserted claims to 
property in several locations. The Law on Restitution envisages that 
separate legislation would govern property confiscated from religious 
communities; however, such legislation has not been adopted. 
Consequently, religious communities may file restitution claims, but 
authorities can take no action on them. The number of unresolved 
restitution claims related to religious property was unknown, but the 
Ministry of Finance confirmed that all three primary religious 
communities (Orthodox, Catholic, and Muslim) had submitted claims.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice. The 
law requires the National Security Agency (NSA) to obtain court 
authorization for a wiretap; however, some observers believed that 
authorities selectively used wiretapping and surveillance against 
opposition parties and other groups without court authorization. Many 
individuals and organizations operated on the assumption that they 
were, or could be, under surveillance.
    Citizens could request permission to inspect secret files kept on 
them from 1945 to 1989 by the former State Security Service, the 
precursor of the NSA. In the first nine months of the year, the NSA 
received and granted two such requests.
    The NGO Network for Affirmation of the NGO Sector (MANS) filed a 
complaint with the Constitutional Court seeking to revoke regulations 
in the criminal procedure code that give police direct access to the 
databases of mobile telephone providers for use in monitoring potential 
criminal activity. MANS asserted that this violates citizens' rights to 
privacy; however, police claimed that all types of communications 
monitoring had to be approved by the competent prosecutor's office.
    Unlike in previous years, there were no reports of evictions of 
Roma from illegal settlements.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and of the press; however, there were some 
restrictions of freedom of the press in practice.
    Individuals could criticize the Government publicly or privately 
without reprisal, and there were no reports that the authorities 
monitored political meetings or otherwise attempted to impede 
criticism.
    The print media consisted of private newspapers and a state owned 
newspaper that has a national circulation. On July 31, the Government 
issued a tender for the sale of 51 percent of its shares of the public 
company that published the state owned newspaper and reportedly was 
negotiating with a potential purchaser at year's end. A previous tender 
failed in 2007 when no company placed a bid. The independent media was 
active and generally expressed a wide variety of political and social 
views without government restriction. The Government did not restrict 
the distribution of foreign publications.
    The wide variety of public and private broadcasting media included 
a national public radio and television broadcaster, 14 local public 
radio and three local public television stations, and 44 private radio 
and 21 private television stations. In April the Broadcasting Agency 
allocated a set of free radio and television frequencies to commercial 
broadcasters through a public tender. According to the Law on 
Electronic Communications, which took effect in August, a new Agency 
for Electronic Communication and Postal Activity was to take 
responsibility for issuing licenses to the broadcasters. Some local and 
international observers criticized the Government's decision to replace 
a system in which only one member of the Broadcasting Agency Council 
was a government representative with one that would be controlled 
entirely by the Government.
    On May 23, Mladen Stojovic, a journalist of the Serbian daily Danas 
and former stringer for Podgorica based daily Vijesti, was attacked by 
unidentified persons in his apartment in Bar. Stojovic, who was known 
for writing and speaking about the ``football mafia'' in Serbia and 
Montenegro, suffered head and body trauma. Police had not reported any 
resolution on the case at year's end.
    There were developments in two earlier cases. On January 15, the 
Podgorica Basic Court gave four year prison sentences to two persons 
who confessed to assaulting Zeljko Ivanovic, director of Vijesti, in 
September 2007. On May 15, the Higher Court reduced the sentences to 
one year. Ivanovic and several eyewitnesses claimed that the convicted 
men were not the perpetrators. On September 26, a new trial began for 
Damir Mandic, charged in the 2004 killing of the editor of the daily 
newspaper Dan, Dusko Jovanovic; the Higher Court overturned his earlier 
acquittal on April 2.
    Police had not identified the perpetrators or the motives behind 
the November 2007 physical assault on Tufik Softic, a correspondent for 
the daily newspaper Republika and former editor in chief of public 
Radio Berane. There were no arrests in the 2006 attack on Jevrem 
Brkovic, a prominent writer, in downtown Podgorica. The attackers 
killed Brkovic's bodyguard and inflicted serious injuries on Brkovic, 
who speculated that his book, which dealt with cigarette smuggling and 
the nexus between politics and organized crime, had provoked the 
attack.
    Slavoljub Scekic, a police official investigating Jovanovic's death 
and other unresolved killings, was himself killed in 2005; the trial of 
10 persons indicted for his murder began in March 2007 and was underway 
at year's end.
    Officials occasionally threatened to bring, or brought, libel suits 
against media organizations that accused them of wrongdoing. Some NGOs 
warned that criminal libel charges against journalists could deter them 
from reporting candidly on events. Criminal libel charges can carry 
fines of up to 14,000 euros (approximately $19,600).
    Courts tried a number of libel suits during the year. The trial of 
Petar Komnenic, a journalist for the weekly newspaper Monitor, 
initiated on February 29, continued at year's end. Ivica Stankovic, 
president of the Podgorica Higher Court, sued Komnenic over an article 
that claimed police secretly wiretapped Stankovic at the request of the 
special prosecutor for organized crime because of his alleged 
connections with criminals. In August 2007 Court President Stankovic 
also sued the editor in chief of Vijesti for defamation in connection 
with a May 2007 article alleging that in a closed session of the 
parliamentary security committee, the police director named the court 
president as one of the judges who obstructed several police 
investigations. The trial continued at year's end.
    A civil libel suit against Vijesti director Zeljko Ivanovic, the 
newspaper's editor in chief Ljubisa Mitrovic, and the newspaper's 
publisher Daily Press, continued at year's end. Milo Djukanovic, who 
was the leader of the ruling DPS and subsequently became prime 
minister, filed the suit in September 2007 demanding one million euros 
(approximately $1.4 million) in compensation for his ``damaged dignity 
and mental suffering.'' The suit was filed after Ivanovic told 
reporters he thought Djukanovic had arranged the physical attack on him 
in retaliation for Vijesti's negative coverage of alleged corruption 
and mafia influence. On May 19, the Podgorica Basic Court found 
Ivanovic and Daily Press guilty of defaming Djukanovic and fined them 
20,000 euros (approximately $28,000) while Mitrovic was acquitted. A 
June 2 appeal to the Higher Court was pending. Vijesti's owners charged 
that the lawsuit represented an attempt by Djukanovic to suppress 
freedom of expression.
    In a separate case, on December 3, media reported that Veselin 
Barovic, a local businessman close to Prime Minister Djukanovic, sued 
the publisher of Vijesti, its editor in chief Mitrovic, and reporter 
Komnen Radevic for ``mental pain and suffering'' caused by the 
newspaper's reporting on the murder trial of police officer Scekic. The 
newspaper had reported that one of the defendants, according to police 
reports, used a car owned by Barovic in 2005. Barovic claimed the 
information was false and was maliciously placed in the newspaper; he 
requested 100,000 euros (approximately $140,000) in damages.
    Despite these developments, observers noted a modest increase in 
the willingness of the media to criticize the Government. The 
prominence of articles and programs critical of the authorities during 
the year suggested that self censorship was not a major problem; 
however, observers noted that some journalists were susceptible to 
various political and business influences due to their lack of 
expertise and to their political affiliations.
    The law mandates that formerly state owned media be operated as 
``public'' enterprises, insulated from direct party or government 
control; however, some observers contended that the Government was 
seeking to maintain control over national public broadcasters. On 
December 17, the Assembly amended the law on the public broadcaster 
Radio and Television of Montenegro (RTCG), changing the method of 
financing RTCG and the manner of selecting the members of its governing 
council. Instead of the previous, unreliable, system based on radio and 
television subscription fees, the amended law provides that the RTCG 
should receive 1.2 percent of the annual state budget. It also empowers 
the Assembly to appoint the RTCG's nine member council by majority 
vote, eliminating the earlier provision under which the Assembly was 
authorized only to acknowledge candidates proposed by civil society 
groups. Opposition parliamentarians and some local NGOs claimed that 
the amended law gave the majority in the Assembly control over the 
public broadcaster and restricted the role of civil society. However, 
the OSCE and the London based NGO Article 19 praised the Government's 
move to secure a more stable system of financing the public 
broadcaster. Some observers noted that a large number of the existing 
council members, chosen under the earlier system, had close ties to the 
Government and that the public broadcaster clearly favored the 
Government.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. 
According to government data, as of October, 36.2 percent of citizens 
were using the Internet, up from 29 percent in December 2007. According 
to polls by the Center for Democracy and Human Rights, Internet 
penetration was more 40 percent.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide for freedom of assembly and association, and the 
Government generally respected these rights in practice. Citing 
security concerns, police banned a rally scheduled for October 16 by 
pro Serb protesters who wanted to demonstrate against the country's 
recognition of Kosovo's independence. The ban followed violent clashes 
between police and pro Serb protesters on October 13 that led to some 
injuries on both sides.

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice. Religious communities are separate from the state, equal 
under the law, and were free to perform their rituals and services.
    In April Serbian Orthodox Bishop Filaret visited the country. In 
2007 authorities denied Filaret entry to perform religious duties for 
Serbian Orthodox Church members, citing the fact that the bishop's name 
was on a Hague list of individuals supected of having aided war 
criminals. Following a hunger strike by the bishop, the Government 
subsequently relented, and Filaret stated that he did not experience 
difficulty gaining admission in April; however, he stated that he was 
unable to perform services because of a delay in the arrival of his 
police escort, for which the police apologized. The Serbian Orthodox 
Church later built a church at the border crossing with Serbia where 
Filaret had gone on the hunger strike in 2007 to protest his exclusion. 
Filaret himself consecrated the church.

    Societal Abuses and Discrimination.--Religion and ethnicity were 
closely intertwined, and in many cases it was difficult to tell whether 
discriminatory acts were primarily religious or ethnic in nature. There 
continued to be friction between adherents of the Serbian and the 
Montenegrin Orthodox Churches over official recognition and property 
ownership.
    On August 3, unknown persons knocked down the fence at the St. 
George Church in Gusinje. On September 20, the church was again broken 
into and some property damage resulted.
    Between October 20 and October 24, unknown perpetrators broke into 
three churches of the Serbian Orthodox Church in Donji Grbalj, near 
Tivat, stealing relics and desecrating graves.
    On September 21, police briefly arrested 65 of the Serbian Orthodox 
Church's followers in the villages of Dragovoljici and Risji Do, who 
were protesting the building of a monastery of the Montenegrin Orthodox 
Church in Risji Do. The protesters blocked roads near Niksic to prevent 
the head of the Montenegrin Orthodox Church and his followers from 
reaching the building site. Police stated that the demonstrators were 
warned that they would be charged with violating the public order. A 
group of protesters who were briefly detained claimed that police used 
excessive force against them and threatened legal action. Serbian 
Orthodox Church Metropolitan Amfilohije and pro Serbian parties 
described the police reaction and arrests as a ``brutal act of 
violence.''
    There were fewer reports during the year of verbal clashes between 
the two Orthodox churches over property. However, the leadership of the 
Montenegrin Orthodox Church continued to assert ownership of Serbian 
Orthodox Church property, which they claimed was seized from them after 
the country united with Serbia in 1918, while the Serbian Orthodox 
Church continued to seek restitution of property it claimed was taken 
by the state after World War II.
    No new information was available on the August 2007 planting of a 
bomb in Podgorica's New Martyrs' Church of the Serbian Orthodox Church 
or the September 2007 removal of a plaque identifying the Islamic 
community office space in Bar.
    On October 10, the car of Miodrag Baletic, head of the Montenegrin 
Orthodox Church chapter in Niksic, was set on fire. In a statement to 
the media, Baletic accused supporters of the Serbian Orthodox Church of 
arson. At year's end the perpetrators had not been identified.
    The country's Jewish community was very small and spread out across 
the country. A 2004 survey by the Government statistics office 
concluded that there was no organized Jewish community; an 
international Jewish NGO reached a similar conclusion. There were no 
reports of anti Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice.
    The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.
    A large number of persons lacked any documentation establishing 
their nationality and thus were at risk of statelessness. According to 
Amnesty International (AI), the situation of Roma who entered the 
country as refugees from Kosovo was of particular concern. AI cited 
UNHCR figures from June indicating that approximately 4,300 refugees of 
Roma, Ashkali, and Balkan Egyptian ethnicity lived in the country, 
caught in a legal limbo in which they did not have Montenegrin 
citizenship and faced difficulties in acquiring citizenship documents 
from Serbia.
    Citizenship is, in principle, derived from one's parents (jus 
sanguinis). The UNHCR expressed concern that the strict naturalization 
criteria in a new citizenship law that entered into force on May 5 
would limit the opportunity for refugees from the former Yugoslavia 
(both ``Displaced Persons'' and ``Internally Displaced Persons'') to 
acquire citizenship.
    In addition, according to unofficial sources, a law on aliens was 
adopted on December 12, but was not published in the Official Gazette 
by year's end. Observers noted that the new law did little to promote 
the integration of persons present in the country without an 
established nationality or permanent residence. Observers also noted, 
that the law does not describe ``displaced persons'' and ``internally 
displaced persons'' as permanent residents, but rather permits them to 
remain without proper residence or domicile. Since the laws defining 
access to basic rights and related public services (health insurance 
and treatment, social welfare) generally limit these to citizens, these 
individuals would remain excluded from access to such rights, without 
regard to their vulnerability or length of their stay in the country.
    Public opinion polls conducted by the local NGO Legal Center of 
Podgorica, a local partner of the UNHCR, indicated that 46 percent of 
the 2,168 Roma surveyed in Podgorica experienced problems accessing 
personal documentation, including birth certificates.

    Internally Displaced Persons (IDPs).--The country was host to 
refugees and displaced persons from several of the other former 
republics of what was once Yugoslavia who entered the country when it 
was also part of Yugoslavia. Their juridical status differed. They 
included approximately 16,0000 persons registered as IDPs from Kosovo 
(mainly ethnic Montenegrins, Serbs, Roma, Ashkali, Balkan Egyptians, 
Bosniaks, and Albanians), plus an estimated 1,500 who had also filed 
claims for formal IDP status but awaited decisions from the Bureau for 
the Care of Refugees and Displaced Persons (BCR), the agency 
responsible for refugees and IDPs. There were also 8,529 ``displaced 
persons'' (refugees) from Croatia or Bosnia and Herzegovina and 
approximately two thousand persons who fled Albania in 1991, mainly 
Serbs and Montenegrins, who had applied for resident status but whose 
applications were not adjudicated by year's end.
    In keeping with the law on asylum, the Government intended to 
reregister ``displaced persons'' from Bosnia and Croatia in one phase 
and then reregister ``internally displaced persons'' from Kosovo in a 
second phase.
    The living conditions of IDPs were generally extremely poor. 
However, authorities gave IDPs access to domestic and international 
humanitarian organizations and permitted them to accept assistance 
provided by these groups. The Government neither attacked or targeted 
IDPs nor forcibly returned or resettled them under dangerous 
conditions. After many years in the country, the interest among IDPs in 
voluntary return or resettlement diminished. Approximately 1,372 IDPs 
have returned to Kosovo since 2001; 93 returned during the year.
    IDPs faced official discrimination in employment, as their 
employers are required to pay additional taxes of 2.5 euros 
(approximately $3.50) per day. A law on alien employment, adopted in 
March and scheduled for implementation in January 2009, establishes a 
stringent quota on foreign workers, including IDPs and refugees. 
According to the UNHCR, this law is likely to exacerbate the problem by 
further limiting their access to employment.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status to persons in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol. 
The Government established a system for providing protection to 
displaced person (refugees). In practice the Government provided some 
protection against the expulsion or return of refugees to countries 
where their lives or freedom would be threatened.
    Beginning on January 1, the Government assumed responsibility for 
refugee status determination that was previously exercised by the 
UNHCR, although the UNHCR continued to provide technical support.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers. Conditions for 
refugees varied; those with relatives or property in the country were 
able to find housing and, in some cases, employment. Most of the others 
lived in private accommodations; there were many family settlements. 
Between two and three thousand refugees remained in barely habitable 
facilities (mainly on the coast) that have been privatized. The new 
owners were gradually evicting the refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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.

    Elections and Political Participation.--In presidential elections 
on April 6, the candidate of the ruling party, Filip Vujanovic, was 
reelected. Observers from the OSCE's Office for Democratic Institutions 
and Human Rights and the Parliamentary Assembly of the COE announced 
that ``nearly all aspects'' of the country's first presidential vote 
since independence were in line with democratic standards. Local 
observers also noted that, despite some irregularities, the elections 
took place in a mostly peaceful and fair atmosphere. The irregularities 
included continued evidence of blurring of state and party structures, 
the fact that not all aspects of the electoral legislation had been 
fully harmonized with the new constitution, the fact that campaign 
finance regulations were not sufficiently delineated to provide 
adequate transparency and oversight, the absence of legal requirements 
that the election administration provide voter education or more public 
awareness of citizens' rights related to suffrage and polling 
procedures, and the lack of transparency of media ownership. Observers 
also expressed some concern over the small number of polling stations, 
especially in Bijelo Polje.
    The constitution states that suffrage is given to citizens, a 
change from the 1998 election law and the prior constitution, which 
gave suffrage to ``residents'' in order to accommodate citizens of the 
former Yugoslavia residing in the country. Referring to the Law on 
Voter Registers adopted on June 19, and to the new constitution, local 
authorities in Podgorica started deleting noncitizens from the voter 
register. In August the opposition Socialist People's Party (SNP) 
appealed that decision to the Administrative Court, which overruled 
several earlier decisions of the local authorities to remove 
individuals from the voter register.
    Political parties generally operated without restrictions or 
outside interference.
    According to the press, the civil suit of Suad Muratbasic, a former 
police officer from Rozaje, against the Police Directorate was pending 
at year's end. Muratbasic sought compensation on the grounds that he 
was suspended and then terminated because of his refusal to influence 
his Muslim neighbors to vote for the DPS during the 2006 Assembly 
elections.
    There were nine women in the 81 seat Assembly and one, a deputy 
prime minister, in the cabinet. There was one female mayor in the 
country's 21 municipalities. Four out of 14 Assembly parties had female 
members of the Assembly in their respective caucuses.
    There were 16 members of ethnic minorities in the 81 seat Assembly 
and three members of ethnic minorities in the cabinet. Five assembly 
seats were reserved by law for ethnic Albanians. They, along with 
ethnic Serbs, Muslims, Bosniaks, and Croats participated in the 
political process, and their parties, candidates, and voters 
participated in all elections. No Roma ran for or held seats in the 
Assembly, and Roma were significantly underrepresented in the 
Government; only one person of Romani ethnicity held elective office at 
any level in the country.

    Government Corruption and Transparency.--The law provides criminal 
penalties for corruption by officials. However, the Government did not 
consistently implement the provisions, and there was a widespread 
perception of public sector corruption, particularly in the executive 
and judicial branches.
    Between January 1 and June 30, police forwarded 663 corruption 
cases to prosecutors; in the same period courts convicted defendants in 
37 cases. Local NGOs, media, and political parties accused the 
Government of not taking sufficient measures against corruption and 
organized crime.
    As in previous years there were reports of authorities hesitating 
to act in response to allegations of corruption. There were widespread 
allegations of corruption during the privatization of state assets. 
Observers noted that a lack of transparency prevented citizens from 
judging the validity of those allegations. The Government stated that 
it received 83 requests for information about privatization activities, 
including 82 from one NGO (MANS), and that it had responded to all of 
them.
    Public officials were subject to financial disclosure under the 
conflict of interest law. The law requires state officials, including 
members of the legislature, to disclose their salaries and property; 
however, there was no legal penalty for noncompliance, and many 
officials (more than 10 percent) refused to comply by year's end. The 
legally mandated Commission for Determining Conflicts of Interest 
published the names of officials who failed to disclose their salaries 
and property and asked the Government and other state institutions to 
dismiss them, but the Government, which was not legally obliged to act, 
ignored the commission's recommendations. On December 27, the Assembly 
adopted the new Law on Prevention of the Conflict of Interest that 
included a legal obligation to make financial disclosures; however, 
some public officials continued to be permitted to serve on the board 
of directors of state owned companies or work with scientific, 
humanitarian, or sports associations.
    The opposition party, Movement for Change (PzP), accused then state 
prosecutor Vesna Medenica of selective decision making after she 
declined to prosecute Police Director Veselin Veljovic for a 
transaction in which police sold a large tract of land in downtown 
Podgorica to a private company and then signed a contract with the same 
company to build and equip a new headquarters worth 13 million euros 
(approximately $18.2 million). Both the media and opposition publicly 
questioned the legality of the transaction, claiming that it was 
concluded without a public tender and was sold for well below market 
value. Medenica asserted that the land sale was illegal but the 
building contract was legal; she declined to pursue the case. The 
Police Administration claimed that, according to law, it was not 
obliged to call for a public tender.
    No verdict was announced in the Government's appeal of the April 
2007 acquittal of two officials charged with violating the tender 
procedure in the privatization of the national oil company Jugopetrol 
in 2002.
    The Commission for the Regulation of Public Procurement stated that 
the number of complaints against public procurement practices, 
especially high-value tenders, was increasing; during the year the 
commission received 225 complaints, 54 percent more than during the 
same period in 2007. The commission validated 58 complaints and 
cancelled 32 tenders.
    On December 23, press reported that the COE's Group of States 
against Corruption (GRECO) examined and adopted the Joint First and 
Second Round Compliance Report on Montenegro. GRECO stated that the 
country had made ``significant progress'' in the fight against 
corruption, noting that the country had implemented two thirds of 
GRECO's recommendations.
    The constitution and law provide for public access to information; 
however, the Government's record on access to public information was 
mixed. Some ministries were reluctant to implement the law fully and at 
times publicly criticized information requests, while others were 
supportive. NGOs reported that their requests for information from the 
Government frequently went unanswered. The NGO MANS reported that from 
December 2005 to December 2008, institutions provided information in 
response to 47 percent of their requests; in the last six months of the 
year, 39 percent of their requests were answered. Authorities usually 
gave reasons for denials, and these could be appealed to the courts. 
While the courts usually supported access to information, their orders 
to the ministries were often ambiguous and, consequently, sometimes 
ignored.
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.
    On July 31, the Government adopted a ``National Report on Human 
Rights,'' which was examined on December 3 by the UN Human Rights 
Council's Universal Periodic Review Working Group. The delegation, led 
by Justice Minister Miras Radovic, described the country's efforts to 
fulfill its human rights obligations and commitments. Several NGOs 
criticized the fact that NGOs were given only 21 days to submit 
comments, which they charged were ignored.
    A number of NGOs and international organizations investigated human 
rights cases. According to a January 10 report of the UN Human Rights 
Council Working Group on Enforced or Involuntary Disappearance and 
Missing Persons, the working group forwarded 16 cases involving 
disappearances that took place in 1992 and 1993 to the Government for 
response; the Government provided an explanation in one case; 15 cases 
remained outstanding.
    The Government cooperated with the UN, the COE's Directorate 
General of Human Rights, and other intergovernmental organizations.
    There is an ombudsman for human rights. The office of the ombudsman 
operated without government or party interference, and the Government 
provided the office with adequate resources. Upon finding a violation 
of human rights or freedoms, the ombudsman could initiate disciplinary 
procedures against the violator, including dismissal. Failure to comply 
with the ombudsman's request for access to official data, documents, or 
premises, or with the ombudsman's request to testify at a hearing, is 
punishable by fines of 10-20 times the minimum monthly wage, or 550- 
1,100 euros (approximately $770- $1,540). During 2007 the ombudsman 
received 448 complaints, in addition to 199 from 2006. Most complaints 
concerned the work of the courts, followed by the public 
administration, prosecutor's offices, public services, local 
governments, and the police. The Government and the courts generally 
implemented the ombudsman's recommendations.
    On October 22, the Assembly adopted a law on the Constitutional 
Court, which provides that citizens can appeal their violations of 
human rights to the Constitutional Court.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status; however, the Government 
did not effectively enforce these prohibitions in practice. Violence 
and discrimination against women, child abuse, trafficking in persons, 
and discrimination against ethnic minorities, particularly Roma, were 
problems.

    Women.--Rape, including spousal rape, is illegal; however, 
enforcement remained a serious problem. Instances of rape were 
significantly underreported due to the cultural stigma that attaches to 
victims and even their families. There were no arrests or convictions 
for spousal rape during the year. Deeply ingrained societal attitudes 
hampered prosecutions; judges frequently allowed aspersions on a 
victim's character to be entered into court proceedings. As a result, 
victims were reluctant to report rape. Punishment for rape, including 
spousal rape, is one to 10 years in prison; however, authorities can 
only prosecute the crime if the victim brings charges. According to 
police statistics, ll cases of rape were reported in 2006 and seven in 
2007.
    The NGO SOS, which operated a hot line for the victims of domestic 
violence, reported that the number of calls significantly increased 
between July 2007 and July; most calls involved young girls who 
suffered violence in their relationships, problems with employers, and 
parental violence. The press reported that during the first nine months 
of the year, police pressed charges against 366 persons for domestic 
violence. According to police, 480 cases were reported in 2007, 7.7 
percent more than in 2006. The perpetrators were mainly men (95 
percent) and the victims mainly women (70.5 percent). In 2007, 25 
criminal cases of sexual molestation were reported. Domestic violence 
was significantly underreported. Financial dependence, multifamily 
living arrangements, and the lack of support from extended family 
discouraged victims from reporting abuses.
    During the year official agencies, including the police, and to 
some extent the judiciary, improved their response to domestic 
violence; however, efforts remained inadequate. According to the NGO 
Safe Women's House, many female victims of domestic violence complained 
about the slow response of social welfare centers to their appeals for 
help. Domestic violence is a crime punishable by a fine or a prison 
sentence of up to 10 years, depending on the seriousness of the offense 
or, if death results, by a sentence of three to 12 years in prison.
    In its Progress Report on Montenegro, issued in November, the 
European Commission noted that the country had not adopted a new law on 
domestic violence, nor was there any financial support for 
organizations providing services to the victims of domestic violence. 
According to the commission, the institutional response was not 
satisfactory, and social welfare centers did not offer professional 
treatment for victims.
    On December 26, the Judicial Council ordered the suspension of the 
higher court judge from Niksic, Milorad Marotic, who was indicted by 
the Basic Prosecutor in Niksic for domestic violence. The council ruled 
that Marotic tarnished the reputation of the judicial profession. 
Marotic claimed to be a victim of a conspiracy aimed at destroying his 
professional credibility.
    NGOs operated two shelters for victims of domestic violence.
    Prostitution is a crime, as is procuring, although soliciting 
prostitution is not a criminal offense. Prostitution existed but was 
not widespread. Trafficking in women for sexual exploitation was a 
problem.
    Sexual harassment was a problem, and public awareness of sexual 
harassment remained low. Although prohibited by a new labor law adopted 
on August 23, harassment was tolerated by society at large. Although 
victims were hesitant to report harassment, police were usually 
effective in intervening when asked to do so.
    Women have the same rights as men in property law, family law, and 
the judicial system; however, in practice women did not enjoy equal 
social status with men. The Assembly has a council for gender equality, 
but in the opinion of some NGOs, it lacked sensitivity to the problem. 
Traditional patriarchal ideas of gender, which maintain that women 
should be subservient to male members of their families, persisted and 
resulted in continued discrimination against women in the home. In 
rural areas women could not always exercise their right to control 
property, and husbands occasionally directed wives' voting. Few women 
held senior management positions in government or commerce. There were, 
however, some signs of improvement; an increasing number of women 
served as judges, and there were many women in professional fields such 
as law, science, and medicine.
    Although the law incorporates the general principle of 
nondiscrimination against women, it fails to explicitly address the 
principle of equal pay for equal work; in practice women's wages for 
comparable work were lower than those of men. According to the 
statistics of the Government employment agency, as of February, 44.27 
percent of the unemployed were women. As of September 2007 women's 
average wages were 20 percent lower than men's. On July 31, the Office 
for Gender Equality and the Ministry for Protection of Human and 
Minority Rights adopted a National Action Plan for Gender Equality for 
the period 2008 12. The Office for Gender Equality, responsible for 
protecting the legal and economic rights of women, issued publications 
on antidiscrimination and worked on the national action plan.

    Children.--The Government was generally committed to the welfare 
and rights of children; however, authorities were reluctant to register 
all births of refugees and IDPs, resulting in statelessness and in some 
cases poor quality public services, including health care and 
education.
    The Government was committed to the health and educational needs of 
children; however, it did not allocate adequate resources to this goal. 
Most Romani children received little or no education beyond the primary 
school level, and the Government did not undertake adequate efforts to 
monitor or encourage continued school attendance of Roma. According to 
the NGO, Foundation for Providing Scholarships to Roma, 50 percent of 
Romani children dropped out after primary school. Authorities often 
segregated Romani children who attended school. There was no clear 
strategy to prevent Romani children from dropping out of primary 
school.
    By law education is free, compulsory, and universal through the 
eighth grade; however, inadequate and poor quality education for Roma 
remained a problem. Prejudice, both within the Romani communities and 
against Roma, discouraged some Romani children from attending school. 
Some ethnic Albanians criticized the Government for not providing an 
opportunity for them to learn about their culture and history. On 
October 7, the first Muslim religious secondary school opened in 
Malesija, near Podgorica. The school had 64 students, and lectures were 
delivered in the Bosnian and Albanian languages. Privately funded, the 
school was not yet fully accredited by the educational authorities.
    While boys and girls had equal access to state provided medical 
care, a few Romani children were not vaccinated, largely due to the 
migration of Romani families and Roma attitudes toward seeking medical 
care.
    According to police records, in 2007, 55 cases of domestic violence 
against children were reported. Of these, 72 percent involved children 
younger than 14. Child abuse was an underreported problem that the 
Government took little action to address. 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 incest or other 
child abuse to authorities. In 2007 police reported four cases of child 
sexual abuse. Child marriage was a problem, particularly in Romani 
communities, where boys and girls generally married around age 14. 
Romani children were disadvantaged by poverty, leading many to start 
work both at home and in the streets at an early age, typically around 
seven years old, in order to contribute to the family income. Romani 
children were also disadvantaged by having to attend school in a 
nonnative language, since many spoke Romani at home. The Government 
generally ignored the problem.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
through, within, and to a lesser extent to, the country.
    Montenegro was primarily a country of transit, and to a lesser 
extent, a destination, for trafficked persons, mostly women who came 
from Eastern Europe, the Balkans, and the former USSR. Most victims 
were trafficked for commercial sexual and labor exploitation. Western 
Europe was the primary destination of victims trafficked through the 
country.
    Estimates of the actual number of trafficking victims, as opposed 
to those who came to official attention, were difficult to obtain. 
According to official statistics, there were three trafficking victims 
during the year; however, NGOs combating trafficking contended that 
official statistics underreported the level of trafficking. 
Independence from Serbia transformed a significant portion of internal 
trafficking into external, cross border, trafficking. Traffickers 
increasingly avoided holding their victims in such public locales as 
bars and nightclubs. Government officials reported that the number of 
victims continued to decrease. The International Organization for 
Migration (IOM) reported in September that the overall level of 
trafficking remained the same as in 2007.
    Persons were trafficked primarily for commercial sexual 
exploitation, but many observers believed that trafficking for labor 
existed as well, particularly within the construction sector. 
Trafficking victims were generally women and girls with less than 
average education and were usually poor. Within the country children 
were coerced into begging. Traffickers were often citizens, sometimes 
working with foreign partners, and were often affiliated with organized 
crime. They usually used fraud (false advertisements for travel or 
employment) to entice their victims and resorted to force and coercion 
to keep victims from escaping.
    The maximum sentence for trafficking in persons is 10 years. The 
prosecution of all crimes, including trafficking, is plagued by 
significant delays.
    The three traffickers sentenced in 2007 to five years in prison, 
the Matovic family, remained free pending an appeals process.
    The state prosecutor pressed charges against seven persons during 
the year. In one case charges were brought against three individuals of 
Albanian ethnicity (one residing in Kosovo and two in Montenegro) for 
trafficking a minor from Kosovo. In a second case, four Serbian 
citizens were charged with trafficking two female victims (one from 
Ukraine and one from Moldova).
    A national coordinator, who reports to the deputy prime minister, 
heads a government sponsored antitrafficking working group, including 
representatives from the ministries of Interior, Labor, Health and 
Social Welfare, Jstice, Education and Science, the State Prosecutor's 
office, two NGOs, the IOM, and the OSCE. On December 25, the 
Government's antitrafficking working group adopted a new action plan. 
The Government also coordinated its antitrafficking efforts with other 
countries in the region and assisted in international investigations of 
human trafficking. Observers and NGOs viewed the police force as 
generally well trained and active in combating trafficking, although 
some claimed that retaining trained antitrafficking police personnel 
was a problem.
    The Government offered temporary visas and shelter to victims who 
agreed to testify against traffickers, gave victims protection, and did 
not prosecute victims for their activities.
    Police antitrafficking efforts were centered in the organized crime 
department of the criminal police. During the year international 
organizations, with the cooperation of local authorities, sponsored 
training on trafficking problems for police (including border police), 
prosecutors, and judges.
    During the year the Office of the National Coordinator began 
establishing a national database of trafficking victims, in cooperation 
with the International Center for Migration Policy Development (ICMPD), 
within the regional project of the Transnational Referral Mechanism.
    There were no reports of official involvement in trafficking during 
the year. The IOM stated that it regarded officials' lack of training 
as a more serious problem than corruption in impeding their efforts to 
counter trafficking.
    The law provided some protection to trafficking victims, 
distinguishing them from other persons engaged in prostitution, who 
were subject to fines, and other undocumented migrants, who were 
subject to deportation. Authorities generally observed these 
distinctions, establishing procedures for referring trafficking victims 
to social service agencies and repatriating them with IOM assistance. 
The Government funded one shelter in Podgorica that was operated by a 
local NGO. According to the National Coordinator for Antitrafficking, 
as of December 3, two trafficking victims were housed in the shelter 
along with 50 persons there for other reasons. The local NGOs Center 
Plus, Women's Safe House, and Home of Hope operated temporary shelters 
that provided care and psychological counseling services to trafficking 
victims.
    Public awareness campaigns, sponsored by the Government with OSCE 
and IOM support, continued throughout the country, including 
conferences on trafficking, public service announcements, and campaigns 
in schools. NGOs continued to organize public information campaigns.
    In December the antitrafficking coordinator organized six 
conferences throughout the country, which brought together groups with 
direct interest in the problem, including judges, doctors, NGOs, 
ministry representatives, and representatives of the international 
community to discuss trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, or other state services; however, 
societal discrimination against persons with disabilities effectively 
limited their access to these benefits and authorities did not actively 
prosecute infractions. Laws mandating that new public buildings have 
access for persons with disabilities were generally enforced. 
Facilities for persons with disabilities were inadequate at polling 
stations, although authorities provided mobile voting for voters who 
could not come to the polling stations because of illness or 
disability.
    The Ministry of Health, Labor, and Social Welfare and the Ministry 
of Education and Science were responsible for protecting the rights of 
persons with disabilities.
    Unemployment remained a serious problem for persons with 
disabilities, although employers usually gave other reasons for not 
hiring such persons. Only 2 percent of the 63,000 persons with 
disabilities were employed. On August 4, the Assembly adopted the Law 
on Professional Rehabilitation and Employment of Persons with 
Disabilities. Scheduled to take effect in 2009, the law was intended to 
facilitate employment of persons with disabilities. Low disability 
allowances were a problem.
    Mental health care was inadequate. Facilities for treating persons 
with mental disorders were out of date and underfunded. Institutional 
isolation perpetuated stigmatization and discrimination against such 
persons.
    On December 30, Marijana Mugosa, a blind woman from Podgorica, 
filed a lawsuit against the Government because the local authorities of 
the Podgorica municipality where she works did not allow her to enter 
her office with her guide dog.

    National/Racial/Ethnic Minorities.--The constitution provides for 
both individual and collective rights for minorities, and generally 
these were observed in practice; however, Roma were disadvantaged in 
access to social services and experienced societal discrimination. 
Ethnic Albanian and Muslim leaders complained about their 
underrepresentation in government structures. Serbian leaders 
complained of discrimination and a lack of economic opportunities.
    According to a survey conducted in October by the National 
Statistics Office, the Roma National Council, and the local NGO Roma 
Circle, there were 10,619 Roma in the country. Many Roma, including 
IDPs from Kosovo, lived illegally in squatter settlements that lacked 
such basic services as public utilities, medical care, and sewage 
facilities. They often lacked identity documents and therefore access 
to basic social services. Residents of some settlements that were 
located on property whose owners wanted to resume control, or on the 
premises of companies due to be privatized, risked eviction; however, 
no evictions were reported during the year.
    Prejudice against Roma, who comprised 0.42 percent of the 
population, was widespread, and local authorities often ignored or 
tacitly condoned their intimidation or mistreatment. According to a 
local NGO, 70 75 percent of Roma were illiterate, 50 percent did not 
speak the predominant local language, 90 percent were officially 
unemployed, 40 percent had no access to public utilities, and 90 
percent lived below the poverty level.
    Authorities appropriated approximately 400,000 euros (approximately 
$560,000) to improve conditions for Roma under the ``Strategy for 
Improvement of the Roma Position in Montenegro 2008 12.'' The 
Government also appointed a national coordinator for implementation of 
the strategy; however, the coordinator lacked basic facilities and was 
relatively unsuccessful in accomplishing the goals set by the strategy. 
Overall, government efforts did not result in significant improvements 
during the year.
    The Government provided students with an optional civic education 
class that included information on minority cultures and multiethnic 
tolerance.
    In October 2007, after many delays, the Government approved a 
procedure for setting up national councils, elected bodies that would 
represent minorities' group interests. All minorities subsequently 
established national councils. In October 2008 the Government provided 
funding for administrative costs of the councils and allocated 
resources to enable the councils to implement various projects.
    The Bosniak Council and the Bosniak political party demanded that 
the admission examination for the police academy in Danilovgrad, which 
only one out of 30 Bosniak/Muslim candidates passed, be abolished 
because it failed to produce the constitutionally mandated quotas for 
minorities. Police responded that the admission procedures were in 
accordance with the law, adding that quotas did not justify having 
unqualified candidates. Using his discretionary authority, the Interior 
Minister subsequently enrolled five Bosniak/Muslim students in the 
academy.
    In September the Government announced a plan to invest 4.5 million 
euros (approximately $6.3 million) in housing and infrastructure in 
that region. This plan was intended to facilitate the return of 
persons, primarily Bosniaks and Muslims, who fled the repressive 
actions of the JNA in Bukovica in 1992 95.

    Other Societal Abuses and Discrimination.--The law does not 
explicitly mention sexual freedoms; however, the constitution 
guarantees the respect of human rights on all grounds and prohibits the 
instigation of hatred or intolerance on any grounds. There were 
infrequent reports of violence and discrimination directed against gay 
men. Society generally showed antipathy towards homosexuals, leading 
most to conceal their orientation. The print media at times reinforced 
these attitudes by publishing articles with negative overtones about 
homosexuality. Violence against homosexuals was rare and not condoned 
by the Government.
    There were no reports of violence or discrimination against persons 
with HIV/AIDs. The health minister stated on December 1 that there were 
approximately 390 HIV positive persons in the country.
Section 6. Worker Rights
    a. The Right of Association.--The law entitles workers, except for 
uniformed military and police personnel, to form and join independent 
unions of their choice without previous authorization or excessive 
requirements, and workers exercised this right in practice. 
Approximately 95 percent of the workforce in the formal economy was 
unionized. 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 strike, and workers exercised this right 
by conducting legal strikes; however, the law prohibits strikes by 
military and police personnel and public servants.
    On February 5, five workers of the aluminum plant KAP in Podgorica 
were fired following a spontaneous strike in its production facilities 
that lasted several days. The strikers demanded that management stop 
the reorganization process in the electrolysis and foundry sectors and 
also insisted on a 30 percent increase in salaries. The workers who 
were fired went on a hunger strike for several days. The Government did 
not play any role to enforce the strike law, which did not apply 
because the strike did not have the endorsement of the plant's trade 
union committee.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of collective bargaining; however, collective 
bargaining remained at a rudimentary level. By law the registered 
workforce was covered by collective bargaining agreements. The law 
prohibits antiunion discrimination; however, there were press reports 
of discrimination. For example, in November the president of the trade 
union at the foundry in Niksic, Janko Vucinic, was fired allegedly for 
criticizing foundry management.
    A general collective agreement regulating the rights, obligations, 
and responsibilities of employers and employees was last signed in 2006 
and it has been reviewed annually. The agreement applies to large state 
and former state companies, and the state administration and private 
sector usually used it as a framework for their employer employee 
relations.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that women were 
trafficked through, and to a lesser extent to, the country for 
commercial sexual exploitation. Foreign construction workers could also 
be potential victims of trafficking for labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws and policies to protect children from exploitation in 
the workplace, including those prohibiting forced or compulsory labor 
and those establishing acceptable working conditions. The Government 
generally enforced these laws and regulations effectively.
    The official minimum age for employment is 15 years; however, in 
farming communities it was common to find younger children assisting 
their families. Romani children also worked in a variety of unofficial 
retail jobs, typically washing car windows, collecting items such as 
scrap metal, or selling old newspapers. Many Romani children also 
engaged in begging. However, such practices were generally limited to 
the small Romani community.
    During the year police carried out successful initiatives aimed at 
suppressing begging in Podgorica and the coastal areas. They arrested 
and charged several adults with organizing and forcing their relatives 
young Romani children to beg. Most of these children were temporarily 
accommodated in the Center for Children and Youth. Police asserted that 
the practice constituted family begging rather than organized begging.
    Inspectors from the State Labor Inspector's Office were responsible 
for enforcing the child labor laws. No reliable data existed on the 
extent of child labor. Inspectors reported no violations of the child 
labor laws during the year.

    e. Acceptable Conditions of Work.--The national minimum wage of 55 
euros (approximately $77) per month did not provide a decent standard 
of living for a worker and family. According to the figures released at 
the end of August, the average salary was approximately 426 euros 
(approximately $596) per month and was also not adequate for a worker 
and family to live comfortably. Minimum wage is fixed through 
negotiations between the Government, labor unions, and the ``Trade 
Union,'' which represents a significant number of entrepreneurs. 
Significant portions of the workforce, particularly in rural areas and 
the informal sector, were not covered by the minimum wage.
    The Ministry of Health, Labor, and Social Welfare enforced the 
minimum wage; there were no reports during the year of employers 
failing to pay it.
    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. There 
is no specific prohibition on excessive compulsory overtime. The 
Ministry of Health, Labor, and Social Welfare effectively enforced the 
regulations on hours of work.
    During the first nine months of the year, there were 34,000 
nonresident workers according to official statistics. The workplace 
rules for citizens have not applied to nonresident workers since 2006. 
In addition, an employer must pay a lump sum of 2.50 euros 
(approximately $3.50) per person per day for each foreign worker. In 
March the Government adopted an alien employment lof, to take effect on 
January 1, 2009. According to the law, the Government must set a quota 
for nonresident workers. The nonresident quota for the next tourist 
season was expected to be approximately 40,000.
    The Government establishes mandatory health and safety regulations. 
The employer is obliged to report any serious injury or death at work; 
however, the Government did not give enforcement of these regulations a 
high priority; in practice workers often lacked safety equipment. 
During the year there were 64 serious injuries, compared with 60 in 
2007. Twelve persons died from injuries at work, compared with nine in 
2007. Burdened by the deadlines imposed by investors, construction 
workers (mostly foreigners) usually exceeded eight hours a day; 
sometimes, to offset low wages, they worked additional hours in second 
jobs. During the year authorities conducted 3,683 inspections and 
established 4,244 violations of labor standards. Workers did not have 
the right to remove themselves from situations that endanger health and 
safety without jeopardy to their employment.

                               __________

                              NETHERLANDS

    The Kingdom of the Netherlands, population approximately 16.3 
million, is a constitutional monarchy with a bicameral parliamentary 
legislative system consisting of the First Chamber, whose members are 
indirectly elected by the country's 12 provincial councils, and the 
Second Chamber, whose members are elected by popular vote. The most 
recent elections, held in 2006, were free and fair. A prime minister 
and a cabinet representing the governing political parties 
(traditionally a coalition of at least two major parties) exercise 
executive authority. Civilian authorities generally maintained 
effective control over the security forces.
    The Government respected the human rights of its citizens, and the 
law and judiciary provided effective means of addressing individual 
instances of abuse. There were reports of societal discrimination and 
violence against some religious and ethnic minorities, violence against 
women and children, and trafficking in persons for sexual exploitation.
    Aruba and the Netherlands Antilles are two semiautonomous countries 
of the Kingdom of the Netherlands; they also feature parliamentary 
systems and full constitutional protection of human rights. Respect for 
human rights in these islands generally was the same as in the European 
Netherlands; however, conditions in the islands' prisons remained 
substandard in some respects.

                        RESPECT FOR 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 arbitrary or 
unlawful killings.

    b. Disappearance.--There were no reports of politically motivated 
or other 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 and Detention Center Conditions.--Prison and detention 
conditions in the Netherlands generally met international standards, 
and the Government permitted visits by independent human rights 
observers. In the Netherlands Antilles, judges may sentence juveniles 
under the age of 16 who have committed serious offenses to prisons 
where they serve time together with adults; however, authorities 
allocated funding during the year to expand prison capacity to permit 
such juvenile offenders to be kept separately.
    Shortcomings in detention and prison facilities, particularly 
overcrowding, persisted in Curacao and St. Maarten (Netherlands 
Antilles); however, due to increases in the capacity of their custodial 
facilities, overcrowding was no longer a problem in Aruba and Bonaire 
(Netherlands Antilles). A pilot project employing house arrest for 
selected inmates continued. A shooting, several stabbings, and a hunger 
strike took place among inmates of the Bon Futuro prison on Curacao. 
Prison guards went on strike once over labor conditions. On St. Maarten 
inmates went on strike once over remuneration for prison work and other 
grievances. The Government reserved 25 million Netherlands Antilles 
guilders (approximately $14 million) for the improvement of the Bon 
Futuro prison and for detention centers on the other Antillean islands.
    During the year, following a recommendation by the Council of 
Europe's (COE) Committee for the Prevention of Torture (CPT) based on 
its June 2007 visit, authorities in the Netherlands stopped using two 
boats used to hold illegal immigrants awaiting deportation.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
generally maintained effective control over the regional police forces, 
and the Government has effective mechanisms to investigate and punish 
abuse and corruption. There were no reports of impunity involving the 
security forces during the year.

    Arrest and Detention.--Police officers, acting under the authority 
of the public prosecutor, conduct criminal investigations. A prosecutor 
or senior police officer must order any arrests. Authorities must 
promptly inform detainees of the charges against them. Police may 
question suspects for a maximum of 12 hours and may detain a suspect 
for up to three days (with the possibility of an additional three days' 
extension in cases of ``urgent necessity'') by order of the public 
prosecutor without the permission of a magistrate; within four days, 
however, police must bring detainees before an examining magistrate for 
questioning. This magistrate also decides whether to permit detention 
to be extended and reviews the validity of continued detention every 30 
days. Extension depends on progress in the preliminary investigation. 
In terrorism related cases, authorities may hold suspects for up to 14 
days if there is a ``reasonable suspicion'' of terrorist involvement.
    By law defendants have the right to have their attorneys present 
during questioning; however, the UN Committee Against Torture (CAT) and 
the CPT expressed concern that authorities did not always respect this 
right during the initial period of detention, which may last up to six 
hours. During the year authorities initiated pilot projects in several 
towns to assure prompt legal assistance.
    There is no provision for bail, but authorities avoid lengthy 
detention before trial unless there are compelling reasons to keep a 
person in custody.
    In May 2007 the CAT criticized the excessive length of pretrial 
detention and the high number of detainees in Aruba and the Netherlands 
Antilles who have not been convicted of a crime. The governments of the 
two territories have reduced the number of crimes requiring pretrial 
detention and implemented other policies aimed at reducing the case 
backlog, particularly more expeditious processing of cases involving 
illegal drugs.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public. Juries are not used. The law requires that authorities fully 
inform defendants about the proceedings at every stage. In criminal 
trials the law provides for prompt access to counsel (inexpensively, 
for persons with low incomes), the presumption of innocence, and the 
right to appeal. In most instances defendants and their attorneys have 
access to government held evidence relevant to their cases; however, in 
certain cases involving national security, special procedures permit an 
examining judge to assess the reliability of official intelligence 
reports without exposing the identities of intelligence officers or 
releasing confidential intelligence information to the public or the 
defendant. The defense has the right to submit written questions to 
these witnesses through the examining judge.
    Procedures and rights were the same or similar in Aruba and the 
Netherlands Antilles, where they were generally respected in practice; 
however, in 2007 the CAT expressed concern that in the Netherlands 
Antilles, a lawyer for the detainee may be present during interrogation 
only with the prior authorization of a magistrate. However, there were 
no reports during the year that requests for the presence of an 
attorney were denied.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Individuals may bring 
lawsuits for damages related to a possible human rights violation 
before the regular court system or specific appeal boards.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected this prohibition in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    It is a crime to engage in public speech that incites hatred, 
discrimination, or violence against persons because of their race, 
religion, convictions, gender, sexual orientation, or disability, and 
during the year the Government prosecuted several cases successfully, 
notably cases in which judges considered the language in question to be 
``unnecessarily offensive.'' The Government urged prosecutors and 
police to give proper attention to incidents of ``discrimination,'' 
which in the country's jurisprudence includes racially offensive 
speech.
    In March a pilot project was begun in two regional police 
districts, including Amsterdam, to improve the reporting of hate 
crimes, including hate speech, by using a special Web site. In July the 
city of Amsterdam started a campaign to encourage the reporting of such 
incidents to the Amsterdam Discrimination Registration Center.
    In April a District Court declined to issue an injunction against 
the showing of a film by right wing parliamentarian Geert Wilders. 
Wilders' film, ``Fitna,'' asserted that Islam preaches violence and 
hatred. The Government criticized the film, claiming it served no 
purpose other than to cause offense. The court ruled that ``the right 
to freedom of speech is decisive,'' the views expressed in the film 
``do not exceed the legal boundaries against inciting hatred or 
violence,'' and as a politician, Wilders ``should be able to put 
forward in the public debate'' his criticism against radical Islam or 
the Koran.
    On June 30, the Amsterdam public prosecutor's office announced that 
it would not prosecute Wilders for his numerous anti Islamic 
statements. In April the prosecutor determined that, although they were 
offensive to Muslims, they were not a criminal offense because ``they 
were made within the context of the public debate on Islam.'' The 
prosecutor also ruled that Wilders did not intentionally incite to 
hatred or discrimination. The prosecutor arrived at his judgment after 
consulting the National Discrimination Expertise Centre (LECD), as well 
as legal experts on questions of national and European law. The 
decision explicitly referred to prevailing jurisprudence of the 
European Court of Human Rights (ECHR) that allows room for statements 
that offend or shock if made within the context of public debate. The 
prosecutor's decision was under appeal at the end of the year.
    On May 13, police detained and questioned for 30 hours a 
cartoonist, who used the pseudonym of Gregorius Nekschot (Deathblow), 
in connection with several cartoons that the prosecutor believed 
violated the law on intentional discrimination and incitement to hatred 
against Muslims. Some parliamentarians criticized the police action as 
an extremely inappropriate attempt to curtail freedom of expression, an 
accusation the Justice Minister denied. Legal experts concluded that 
the prospect of successfully prosecuting the cartoonist was minimal.

    Internet Freedom.--There were no governmental restrictions on 
access to the Internet. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. 
More than 85 percent of the population had access to the Internet.
    During the year authorities took measures to deal more effectively 
with incitement to discrimination on the Internet. Despite the priority 
given to such cases, there were only three convictions in 2007, the 
latest year for which data were available.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. There 
were no reports that the Government attempted to limit the freedom or 
exercise of religion during the year.
    Rulings of the courts and the Equal Opportunities Committee 
generally held that any restriction on wearing headscarves in schools 
or places of employment should be limited and based on security or 
other narrow grounds. The Government banned clothing covering the full 
face in the administration and education sectors.

    Societal Abuses and Discrimination.--There were some reports of 
societal abuses or discrimination based on religious affiliation, 
belief, or practice. Jews and Muslims faced instances of abuse during 
the year, although the experiences of the two communities differed. The 
Government repeatedly criticized any form of anti Semitism or anti 
Islamic activity and worked with nongovernmental organizations (NGOs) 
to combat such abuses.
    Muslims, who numbered approximately 850,000, faced societal 
resentment attributable to perceptions that Islam is incompatible with 
Western values, that Muslim immigrants have failed to integrate, and 
that levels of criminal activity among Muslim youth are higher than the 
national average. Major incidents of violence against Muslims were 
rare, but minor incidents, including intimidation, brawls, vandalism, 
and graffiti with abusive language, were common.
    A number of right wing politicians described Islam as incompatible 
with the country's traditions and social values. In a report released 
on February 12 (but prepared in 2007), the COE's European Commission 
against Racism and Intolerance (ECRI) asserted that political figures' 
criticisms of Islam contributed to what it considered a substantial 
increase in Islamophobia. Despite protests by Muslims and others, in 
April a court declined to forbid the showing of a film that was widely 
criticized for its anti Islamic content, and a prosecutor declined to 
prosecute the film's maker for his many anti Muslim public statements. 
Both the court and the prosecutor justified their decisions on freedom 
of speech grounds (see Section 1 a.).
    Authorities stressed their conviction that the majority of Muslims 
fit comfortably into society. The Government continued a comprehensive 
outreach campaign to counter anti Muslim sentiments and right wing 
nationalism, including a 25 million euro (approximately $35 million) 
grant for programs in neighborhoods and schools during the period 2008 
11. These efforts raised public awareness and triggered debate, but 
concerns about the policy's effectiveness remained. The Government made 
clear that it would combat groups espousing violence in support of an 
Islamist extremist agenda.
    The population included approximately 45,000 Jews. Anti Semitic 
incidents, including verbal threats, cursing, and desecration of 
monuments and cemeteries, continued to occur. Certain small groups that 
opposed Israeli policies, including the Arab European League and the 
Stop the Occupation Movement, frequently used what some observers 
regarded as anti Semitic language and images to express their views 
about Israel. Explicitly anti Semitic sentiments prevailed among 
certain segments of the Muslim community and among fringe nationalist 
and neo Nazi groups. Serious incidents were rare during the year; 
however, anti Semitism among right wing extremists appeared to 
increase. Extreme right wing anti Semites were the primary culprits in 
the few instances of vandalism of Jewish buildings and monuments and 
desecration of cemeteries.
    The independent Registration Center for Discrimination on the 
Internet (MDI) reported that strongly anti Semitic statements regularly 
appeared on both right wing extremist and radical Islamic Web sites. 
The sites targeted not only Jews but other groups, including Muslims, 
blacks, and homosexuals. Observers noted a new phenomenon of right wing 
youth augmenting their profiles on Internet social networking sites 
with anti Semitic texts. The Center for Information and Documentation 
on Israel called for stronger government action against anti Semitic 
Web sites, describing the Internet as one of the main sources for 
dissemination of anti Semitic and racist ideologies. An 
antidiscrimination NGO and several major political parties asked the 
Justice Minister to take action against the Web site of the neo Nazi 
organization Blood and Honor.
    Anti Semitism was the subject of 72 of 4,000 complaints received by 
a network of antidiscrimination bureaus across the country in 2007. The 
number was smaller than in previous years. According to network 
representatives, the number of anti Semitic incidents appeared to be 
correlated with the situation in the Middle East.
    The Government continued to condemn anti Semitism and to work with 
NGOs to combat it. The Government urged prosecutors and police to give 
proper attention to incidents of discrimination, including 
discrimination on religious grounds. The authorities maintained a 
cybercrime Web site through which citizens can report radical 
statements and hate e mail. Although the Government gave priority to 
countering discrimination and incitement to hatred on the Internet, 
critics charged that law enforcement agencies could still do 
considerably more.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The laws provide for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government established a system for providing protection to refugees.
    The Government remained committed to providing protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened; however, some observers asserted that some 
of the Government's procedures ran this risk. The authorities provided 
economic assistance to those to whom it denied asylum and who chose to 
return home voluntarily.
    Authorities denied asylum to persons who came from a so called safe 
country of origin or who resided for some time in a safe country of 
transit. They used European Union guidelines to define such countries.
    The UNHCR and NGOs, including Amnesty International (AI), raised 
cases in which protection from return to unsafe countries appeared to 
have been violated and called for stricter policies to prevent future 
instances. The authorities promised to investigate the allegations. 
These charges also drew intense political scrutiny and gave rise to 
parliamentary hearings that reversed or delayed government proposals to 
return asylum seekers from Somalia and parts of Iraq, as well as 
homosexuals and Christian converts from Iran.
    Several organizations, including AI and the Council for the 
Administration of Criminal Law, criticized the manner of detention of 
aliens prior to deportation. Since these aliens are not criminals, the 
critics maintained that they should not be subjected to a criminal 
regime or kept in detention for extended periods of time, especially if 
there was little or no prospect of actual deportation. Courts have 
ordered the aliens' release if there is no prospect of actual 
deportation. The state secretary for justice promised to review the 
situation, but noted that there was no evidence of structural abuse in 
the treatment of aliens in detention centers. Moreover, she stated that 
she had already taken measures to keep families with children out of 
detention.
    In May 2007 the CAT expressed concern that asylum procedures did 
not allow asylum-seekers enough time to substantiate their claims and 
consult an attorney, which could lead to refugees being returned to 
unsafe countries. Also in May 2007 the ECHR criticized the ``excessive 
formalism'' of the country's asylum procedures and called for a more 
generous assessment of asylum requests that took into account reports 
produced by human rights NGOs, such as Human Rights Watch.

    Stateless Persons.--Citizenship is primarily based on the mother's 
citizenship (jus sanguinis). According to the UNHCR, of a total of 
nearly 700,000 first-generation, non western immigrants, there were 
4,461 stateless persons at the end of 2007. According to Statistics 
Netherlands, the local administrations had registered more than 5,000 
stateless persons, including 1,463 persons under the age of 17, by the 
end of the year.
    The Kingdom Act on Dutch Citizenship has repeatedly been revised in 
order to counter and prevent statelessness, including by providing the 
opportunity to gain Dutch citizenship. There were no reports of 
violence or discrimination targeting stateless persons.
    Immigrants may naturalize after five years of legal residence, or 
three years if they are married to a citizen. Migrants who are not 
naturalized are allowed to work in the civil service, with the 
exception of the police force and the army. After five years of legal 
residence, nonnationals have the right to vote in local elections. A 
written naturalization examination that tests both the applicant's 
Dutch language proficiency and knowledge of the country's culture and 
society is required for citizenship.
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. These constitutional rights also apply to the Netherlands 
Antilles and Aruba, where they were also exercised in practice.

    Elections and Political Participation.--Parliamentary elections 
held in November 2006 were free and fair.
    Political parties operated without restriction or interference. One 
of the oldest political parties, the Protestant Political Reformed 
Party (SGP), continued to deny women the right to run for office, 
despite a December 2007 ruling by The Hague Appellate Court that by 
doing so it was in violation of the Convention on the Elimination of 
All Discrimination against Women. The court ordered the Government to 
take action to force SGP to change its policy. At year's end both the 
SGP and the Government had appeals pending with the Supreme Court 
against this ruling.
    There were 62 women in the 150 seat Second Chamber of parliament, 
four female ministers in the 15 member cabinet, and six women among the 
11 junior ministers. Women also held positions in the parliaments and 
cabinets of the Netherlands Antilles and Aruba, including the position 
of prime minister of the Netherlands Antilles.
    Approximately 15 members of ethnic minorities Turkish, Moroccan, 
and Surinamese served in the 150 seat Second Chamber of parliament. Two 
junior ministers in the cabinet were Muslims of Turkish and Moroccan 
background.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented the law effectively. However, in August the COE's Group of 
States Against corruption concluded in an assessment of the country's 
anticorruption policy that the maximum sentence for corruption was too 
light and not in line with relevant COE guidelines. There were isolated 
reports of government corruption during the year.
    There were press reports of corruption among some working level law 
enforcement personnel at Schiphol Airport, but observers did not 
believe the problem was widespread or systemic. In 2007, the most 
recent year for which information was available, authorities imposed 
disciplinary sanctions on 210 central government employees for abusing 
their positions.
    There were no laws requiring officials to make financial 
disclosures. The Government pursued an active anticorruption policy 
coordinated by the Internal Affairs Ministry's Bureau for Promotion of 
Integrity of the Public Sector. The National Criminal Investigation 
Service coordinates investigations under the supervision of the 
national prosecutor for corruption.
    The law provides for public access to government information, and 
authorities generally respected that right for both citizens and 
noncitizens, including foreign media. Those seeking information may 
appeal any refusal to the regular courts. Disputes occasionally arose 
in court over the scope of the Government's right to withhold 
information based on the public interest. For example, there were 
disputes over whether to release certain classified internal memos.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic and international human rights groups generally 
operated without government restriction, investigating and publishing 
their findings on human rights cases. Government officials were 
cooperative and responsive to their views.
    On July 11, in response to appeals by the UN and the COE, the 
Government announced that it would set up a National Institute for 
Human Rights in accordance with the 1993 ``Paris Principles'' governing 
such institutions. The institute is intended to research human rights 
issues, give advice on policies, and help deal with complaints more 
efficiently.
    At year's end, the Government was selecting personnel and deciding 
on a budget for the new institute.
    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, the 
International Criminal Court, and the Special Court for Sierra Leone.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on age, race, gender, 
disability, language, political preference, sexual orientation, and 
social status, and the Government generally enforced these 
prohibitions. However, violence against women and children, trafficking 
in persons, and discrimination against ethnic minorities were problems.

    Women.--Rape, including spousal rape, is a criminal offense, and 
the Government effectively prosecuted those accused of such crimes. The 
penalty for rape is imprisonment not exceeding 15 years or a fine. The 
maximum sentence for marital rape is eight years' imprisonment.
    Domestic violence was the most prevalent form of violence in 
society. According to a fact sheet issued in August by the Ministry of 
Justice, there are approximately 500,000 incidents of household 
violence each year. At some point in their lives, 40 percent of the 
population experienced domestic violence. Of these, 10 percent 
reportedly experienced some form of physical, sexual, or mental abuse 
on at least a weekly basis, and 4 percent had been raped. According to 
police records, approximately 85 percent of victims were women. Police 
estimated that approximately 12 percent of all cases are reported. In 
September the Government presented a national action plan to intensify 
the fight against household violence in 2008 11. Its objective was a 
coherent approach involving prevention, identification, and 
intervention; it called for upgrading the expertise of police and 
expansion of the public prosecutor's office. Under the action plan, the 
probation service developed a comprehensive program intended to reduce 
the number of repeat offenders. At year's end the Government was 
conducting a national survey into the scope of domestic violence.
    Spousal abuse carries a penalty one third more severe than ordinary 
battery. Police records indicated that approximately 3 percent of the 
cases of spousal abuse reported to police resulted in arrests. The 
national organization Movisie (formerly TransAct), supported by the 
Government, assisted victims of domestic violence and those 
investigating and prosecuting related crimes. The Government subsidized 
shelters for battered women. In August the Government announced that it 
would continue its 2007 public information campaign against domestic 
violence until the end of September. In The Hague the campaign led to a 
43 percent increase in the number of incidents reported in 2007.
    In July the Government made it easier for female immigrants who 
were victims of domestic violence or abandoned by their partners to 
obtain residence status on their own. Previously, immigrant spouses 
depended on their partners for their legal status during the first 
three years of their stay. Under the new guidelines they could claim 
residence status within this period if they were either victims of 
domestic violence or were abandoned by their partners in their country 
of origin. In addition, the Government would consider granting 
residence in the Netherlands to a woman who was abandoned in her native 
country but who had some roots in Dutch society, if she faced the risk 
of a forced marriage or of being abandoned by her family.
    There were no recent statistics on honor killings, but 279 and 158 
cases of honor related violence were reported in The Hague and 
Amsterdam, respectively, in 2006. The Government continued a 2006 
program to combat honor related violence. Authorities allocated 
approximately 13 million euros ($18.2 million) to the program, which 
focused on prevention, protection, and criminal prosecution. In June 
the Expertise Center for Honor Related Violence opened in Amsterdam.
    Prostitution is legal for persons age 18 or older who engage in the 
practice voluntarily. The law provides penalties for Dutch nationals 
and legal residents who abuse minor children abroad, even if the 
offense is not a crime in the country where the abuse occurs.
    Sexual harassment was a problem. While there were no recent 
statistics on its prevalence, a 2003 study showed that 5.3 percent of 
female workers were sexually intimidated in the workplace. The law 
requires employers to take measures to protect workers from sexual 
harassment. The Government continued a public awareness campaign and 
has taken measures to counter harassment among civil servants, but no 
information was available about the measures' effectiveness.
    Under the law women have the same rights as men, including rights 
under family law, property law, and in the judicial system.
    Approximately 65 percent of women were employed, nearly two thirds 
of them part-time. The Government was taking measures to make daycare 
more accessible to support full time employment for working parents. 
Female and male unemployment rates were 5.8 and 3.6 percent 
respectively. The Ministry of Social Affairs and Employment reported 
that the higher rate of unemployment among women, their reduced chances 
for promotion, and their generally lower ranking positions than men 
resulted primarily from their part time employment. According to the 
ministry, the disparity between men's and women's earnings in the 
private sector narrowed from 23 percent in 2006 to 18 percent in 2007; 
adjusted for level of experience and expertise required for the jobs, 
the differential was 7 percent.
    The Government provided affirmative action programs for women, and 
collective labor agreements usually included provisions to strengthen 
the position of women. In 2007 the Equal Treatment Commission received 
515 complaints from women about labor discrimination related to their 
employment.

    Children.--The Government worked to ensure the welfare of children 
through numerous and generously funded health, education, and public 
information programs.
    Child abuse was a problem. In an April 2007 study, Leiden 
University concluded that more than 100,000 children were victims of 
abuse. Many of them had been physically or emotionally neglected. The 
study estimated that 4,700 children had been sexually abused and 19,000 
had suffered physical abuse. Experts estimated that approximately 50 to 
80 children died each year from some form of abuse. In 2007 the Child 
Abuse Reporting Center received more than 50,000 reports of possible 
child abuse, 20 percent more than in 2006. In September the Government 
began to require physicians to report child abuse, overriding 
professional confidentiality. Despite increased government funding for 
the Council for the Protection of Children, there still were long 
waiting lists for assistance.
    The law prohibits female genital mutilation (FGM). In 2007, the 
Government's National Public Health Council estimated that at least 50 
girls a year underwent FGM; the FGM committee established by the 
Ministry of Health estimated the number of girls at risk at 16,000. In 
2006 the Government launched a three year program to combat FGM through 
primary prevention and early identification. It has committed more than 
one million euros (approximately $1.4 million) per year to combat FGM. 
The maximum penalty for FGM is six to nine years' imprisonment.

    Trafficking in Persons.--The law in the mainland Netherlands 
prohibits all forms of trafficking in persons; however, trafficking in 
persons was a problem. Aruba has an antitrafficking law. The 
Netherlands Antilles, which has no specific antitrafficking law, has 
successfully used existing legislation to prosecute traffickers.
    The Netherlands was a destination and country of transit for 
trafficked persons, and trafficking within the country was also a 
problem. NGOs and police estimated that the number of women and girls 
trafficked for commercial sexual exploitation ranged from 1,000 to 
3,600. Comensha, formerly the Foundation against Trafficking in Women, 
an independent NGO that helps victims of trafficking, registered 716 
victims in 2007, up from 579 in 2006. The top five countries of origin 
were the Netherlands (260 victims), Nigeria (102), Bulgaria (50), China 
(37), and Sierra Leone (29). Of the 716 victims registered in 2007, 49 
were male and 198 were younger than 18. According to Comensha, most 
female victims were exploited in prostitution. Thirteen victims worked 
as domestic servants and nine in the catering sector. Of the male 
victims, five worked in the catering and three in the construction 
sectors.
    There were reports that trafficking in persons for commercial sex 
and labor was a problem in the Netherlands Antilles.
    Almost all of the 260 domestic victims of mainland trafficking 
registered in 2007 were girls with immigrant backgrounds seduced and 
coerced into prostitution by so called ``lover boys,'' primarily young 
Moroccan or Turkish men and boys. Most traffickers used threats of 
violence toward the victims or their families to control their victims. 
Most vulnerable were underage girls and young women of Moroccan and 
Turkish descent (mostly ``lover boy'' victims), underage asylum 
seekers, women with dependent residence status obtained through 
fraudulent marriages, and women recruited in Africa.
    During the year a foreign court ordered the Curacao Drydock Company 
in the Netherlands Antilles to pay damages to three Cuban workers who 
were among the approximately 100 who were forced to work for long hours 
with virtually no pay in 2005 and 2006.
    The maximum sentence for trafficking in persons in the mainland 
Netherlands is normally six years. Courts may increase sentences in 
certain cases. For example, the maximum term is 10 years when the 
victim is younger than 16, 12 years when the person being trafficked is 
seriously injured, and 15 years when trafficking results in the 
victim's death. The legal definition of trafficking in persons includes 
labor trafficking.
    In 2006 the Dutch public prosecutor's office prosecuted 216 
traffickers, compared to 138 in 2005, and the courts convicted 100 
traffickers, compared to 114 in 2005. In July the court gave six 
members of a major Turkish German trafficking gang prison sentences of 
eight months to seven and one half years. The prosecutor's office 
considered the sentences too low and appealed the verdict. The appeal 
was pending at year's end. In 2007 prosecutions in four labor 
exploitation cases ended in acquittals. Appeals in two of these cases 
were pending. During the year, according to a prosecutor in the 
Netherlands Antilles, a court, using other charges, convicted a club 
owner in St. Maarten for trafficking three women for commercial sex.
    The Government in the mainland Netherlands, especially the 
ministries of Justice, Internal Affairs, Foreign Affairs, Welfare and 
Health, and Social Affairs, actively combated trafficking in persons. 
Local police forces established special units to deal with trafficking, 
and the National Crime Squad's Expertise Center on People Trafficking 
and Smuggling (EMM) brought together experts from the National Police 
Criminal Investigation Service, military border police, regional police 
forces, the Immigration and Naturalization Service, and the Social 
Information and Investigation Service. The national prosecutor for 
trafficking in persons supervised investigations conducted by the EMM, 
which also provided specialized training to police in the 
identification and protection of trafficking victims. The national 
rapporteur on trafficking in human beings heads an independent, 
publicly funded agency that reports 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 cooperated closely with other governments on 
trafficking. In February a human trafficking task force was set up that 
included a member of the Board of Attorneys General, the national 
rapporteur, senior officials of various ministries, the police, and 
local government and judicial officials.
    The mainland Netherlands government provides a temporary residence 
mechanism (the B 9 visa) that gives trafficking victims three months to 
consider pressing charges against their traffickers. A victim who does 
so may remain in the country until the legal process has been 
completed. During this period, the victim receives legal, financial, 
and psychological assistance, and may work or receive vocational 
training. Victims may request a permanent residence permit on 
humanitarian grounds.
    Specially trained police conducted regular inspections of brothels 
and other commercial sex establishments to verify that individuals in 
the sector were working voluntarily and to identify any potential 
trafficking victims.
    The Dutch government subsidized NGOs working with trafficking 
victims. For example, Comensha offered victims social support, legal 
advice, medical aid, shelters, and counseling. The Justice Ministry 
cofinanced the La Strada program, aimed at preventing trafficking in 
women in Central and East European countries.
    In January the Justice Ministry provided funding for the Anonymous 
Crime Reporting Center to renew and expand the successful campaign 
against trafficking and sexual exploitation launched in 2006.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Discrimination against persons with 
disabilities was prohibited, but government enforcement was inadequate, 
and there were some reports that such discrimination occurred. The 
penal code provides penalties for discrimination in employment, 
education, access to health care, and the provision of state services. 
The Equal Opportunity Commission (CGB) received several dozen 
complaints, mostly labor related, of such discrimination. Although CGB 
rulings are not binding, they are usually implemented. The law requires 
access to public buildings for persons with disabilities, but public 
buildings and public transport often were not easily accessible in 
practice.

    National/Racial/Ethnic Minorities.--Incidents of physical assault 
against minorities were rare, but members of minority groups 
experienced verbal abuse and intimidation and were at times denied 
access to public venues such as discotheques. The Muslim community of 
approximately 850,000 persons faced frequent discrimination. Members of 
immigrant groups also faced discrimination in housing and employment. 
In 2007 the minority unemployment rate (15.5 percent) remained roughly 
three times that of the ethnic Dutch workforce (4.3 percent).
    A February 12 ECRI report contended that a number of government 
practices both stigmatized and discriminated against members of 
minority groups. For example, ECRI cited reports that police singled 
out individuals from the Netherlands Antilles living in the mainland 
Netherlands for searches without apparent reason. The report criticized 
a planned registration system authorities had proposed specifically for 
Antilleans. The Government defended the registration idea as a 
temporary expedient that could enable it to locate members of this 
transient minority in order to provide them with targeted support.
    With the proliferation of Internet Web sites, the dissemination of 
racial and discriminatory material remained widespread. The MDI 
registered more than 1,000 instances in 2007 that it asserted were 
punishable, a 10 percent increase over 2006. Jews, Muslims, Moroccans, 
and Africans were the main target groups. A significant number of 
controversial expressions (more than 90 percent) were removed 
voluntarily at the center's request. MDI reported the nine most serious 
cases to the prosecutor's office, but none was brought before a court.
    The Government pursued an active campaign to increase public 
awareness of racism and discrimination. Depending on the circumstances, 
persons could file complaints of racism or discrimination with the 
civil and criminal courts, the CGB, the national ombudsman, the 
Commercial Code Council, the Council for Journalism, the European Court 
of Justice, and the ECHR.
    A network of antidiscrimination bureaus across the country received 
more than 4,000 complaints in 2007, approximately the same number as in 
2006. Most complaints concerned discrimination on racial or ethnic 
grounds. About half of the complaints were about discrimination in the 
labor market.
    The majority of cases filed in criminal courts concerned racial 
defamation. Civil lawsuits often alleged discrimination against persons 
who were not ethnically Dutch in the supply of services, such as mobile 
phones, or access to clubs. The CGB focused on discrimination in the 
labor market, including discrimination in the workplace, unequal pay, 
termination of labor contracts, and preferential treatment of 
ethnically Dutch employees.
    On May 14, the city council of Amsterdam presented an updated plan 
of action against discrimination. The priorities were to enhance 
victims' willingness to report incidents, to counter hate crimes 
against homosexuals, and to promote a nondiscriminatory policy at clubs 
and bars. Meanwhile, AI voiced criticism that most local governments 
had failed to develop plans to combat discrimination and racism.

    Other Societal Abuses and Discrimination.--There was increasing 
harassment of homosexuals in larger cities, primarily by some groups of 
Muslim youth. Most harassment consisted of verbal epithets and abuse. 
Police gave efforts to combat antigay violence high priority. Amsterdam 
police, who began keeping separate records of antigay incidents in 
2007, recorded 234 antigay incidents in that year. Most involved 
cursing and threats, but 79 cases involved violence.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--Workers are entitled to form or join 
independent unions of their own choosing without prior government 
authorization, and workers exercised this right in practice. 
Approximately 25 percent of the legally employed work force was 
unionized. 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 strike, and workers exercised this right 
by conducting legal strikes. Public sector workers generally have the 
right to strike, but a magistrate may forbid a strike that threatens 
the public welfare or safety. For example, magistrates have often 
prohibited police actions because of the essential services they 
perform.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize, and specific laws provide for the 
right to collective bargaining; workers exercised these rights in 
practice. Collective bargaining agreements covered approximately 86 
percent of workers.
    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 adults and children were trafficked for commercial sexual 
exploitation and adults for labor exploitation. There were occasional 
reports that workers were exploited in the restaurant, food processing, 
domestic service, and agricultural sectors.
    During the year a foreign court ruled in favor of three Cubans who 
asserted they were among approximately 100 Cuban workers in a drydock 
company in the Netherlands Antilles in 2005 and 2006. They were obliged 
to work for as many as 110 hours a week at three cents an hour. Their 
labor was the result of an arrangement between the Cuban government and 
the Curacao Drydock Company, in which the Government of the Netherlands 
Antilles was the largest shareholder, to pay off Cuba's multi million 
dollar debt to the company. The workers who escaped described dangerous 
working conditions that resulted in serious injuries; they claimed 
their passports had been seized and they were only allowed to leave the 
drydock on limited occasions and accompanied by a minder. In 2007 the 
Antillean government investigated allegations of labor law violations 
against the drydock and found insufficient evidence to proceed in the 
complaint of excessive work hours. The arrangement between the company 
and the Cuban government was terminated in 2007.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government enforced laws and policies to protect children from 
exploitation in the workplace; however, children were trafficked for 
commercial sexual exploitation. In 2007 the Dutch Coordination Center 
against Trafficking in Persons registered 198 trafficking victims under 
the age of 18.
    The minimum age for employment is 16 years. Sixteen year olds in 
school may not work more than eight hours per week. The law prohibits 
persons under the age of 18 from working overtime, at night, or in 
activities dangerous to their physical or mental well being. A 
tripartite labor commission composed of representatives of government, 
enterprises, and unions monitored hiring practices and conducted 
inspections. The commission enforced the laws effectively.
    Holiday work and after school employment are subject to very strict 
rules set by law. The Ministry of Labor's inspection office, which is 
charged with enforcement, found during the year that 70 percent of 
companies employing holiday workers and children under 18 complied with 
regulations.

    e. Acceptable Conditions of Work.--The minimum wage for adults of 
1,356.60 euros (approximately $1,900) per month provided a decent 
standard of living for a worker and family. The minimum wage is 
established by the Ministry of Labor.
    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). 
Persons working more than four and one-half hours per day were entitled 
to a 30 minute rest period. Overtime is regulated. There are no 
exceptions for legal foreign workers. The Labor Inspectorate 
effectively enforced the labor laws.
    The tripartite labor commission actively monitored and effectively 
enforced working conditions, including comprehensive occupational 
safety and health standards set by law. The Ministry of Labor and 
Social Affairs also monitored standards. Workers could remove 
themselves from dangerous working conditions without jeopardizing their 
continued employment, and they exercised this right in practice.
    Workers in the significant underground economy enjoyed neither the 
minimum wage nor any of the other legal, administrative, or safety 
protections available to other workers.

                               __________

                                 NORWAY

    Norway is a parliamentary democracy and constitutional monarchy; 
King Harald V is head of state. The population is approximately 4.73 
million. The country is governed by a prime minister, a cabinet, and 
the 169-seat Storting (parliament) that is elected every four years and 
cannot be dissolved. Free and fair elections to the multiparty 
parliament were held in 2005. Civilian authorities generally maintained 
effective control of the security forces.
    The Government generally respected the rights of its citizens, and 
the law and the independent judiciary provided effective means of 
addressing isolated instances of abuse. During the year there were 
security problems at refugee centers. Violence against women was a 
problem, and there were reports of trafficking of women, children, and 
men.
                        RESPECT FOR 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
generally respected these provisions in practice.
    There was one report that police used excessive force during the 
year. According to a September newspaper report, police forcibly 
apprehended and handcuffed a 15-year-old girl who had run away from a 
home run by social services. The girl spat at one of the police 
officers, who responded by hitting her in the face and allegedly 
kicking her while transporting her back to the youth facility she had 
run away from. Oslo District Court found the girl guilty of spitting 
and using foul language toward the police, and the court also strongly 
criticized the use of force by the police. The Oslo police authority 
publicly criticized media coverage of the incident as sensational and 
biased.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers; however, no such visits 
took place during the year. The system was considered transparent; 
prisoners were represented by an ombudsman who could visit at prisoner 
request or at the ombudsman's own initiative.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The national police 
have primary responsibility for internal security; the police may call 
on the armed forces for assistance in crisis situations. In such 
circumstances, the armed forces are under police authority. The 
Ministry of Justice and Police oversees the police force.
    The police force was generally effective, and corruption was not 
generally a problem. Adequate measures were in place to investigate 
police abuses. An independent police complaint commission investigates 
reports of corruption within the police force.
    On June 23, a case was filed with the European Court of Human 
Rights in Strasbourg concerning Eugene Obiora, a citizen of Nigerian 
origin, who died in 2006 after four police officers arrested him in 
Trondheim for disorderly conduct. At year's end, the court had not 
decided whether to hear the case. Police had used a neck hold to 
restrain Obiora when he struggled during arrest; Obiora lost 
consciousness and later died in the hospital. A case against the 
arresting officers initially was dismissed for lack of evidence, and in 
December 2007 the public prosecutor cleared the officers of 
responsibility for the death. The parliamentary ombudsman also 
investigated the case during the year but had not announced his 
findings by year's end. In connection with the incident, evidence of a 
racist attitude--graffiti on the wall of the police station handling 
the case--was leaked to the media.

    Arrest and Detention.--The law requires warrants for arrests, and 
police generally arrested a person based on a warrant authorized by a 
prosecutor. Police must file a justification to hold detained persons 
in custody within four hours of their arrest, and detainees must be 
promptly informed of the charges against them. An arrested suspect must 
be arraigned within 24 hours (not including Saturday and Sunday), at 
which time the arraigning judge determines whether the accused should 
be held in custody or released pending trial. Nonresident foreigners 
are not released pending trial. Arrested persons are allowed prompt 
access to a lawyer of their choosing or, if they cannot afford one, to 
an attorney appointed by the Government. Arrested persons are generally 
allowed access to family members.
    There is no bail system or similar mechanism. Defendants accused of 
minor crimes routinely are released pending trial. Defendants accused 
of serious or violent crimes generally remain in custody until trial.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    Trials are public. Juries are used only in criminal cases heard by 
the court of appeals. Defendants enjoy a presumption of innocence. 
Defendants have the right to be present, to have counsel-at public 
expense if necessary-to confront and question witnesses, to present 
evidence and witnesses, and to appeal. Defendants and their attorneys 
have access to government-held evidence relevant to their cases. The 
law extends the above rights to all citizens.
    There are no military courts; military crimes are tried in a 
civilian court, with the addition of a military judge to assist the 
civilian judges in trying the case.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters that can adjudicate cases 
involving human rights violations.

    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 and law provide 
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.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
More than 80 percent of citizens had Internet access; 82 percent of 
citizens accessed the Internet at home, and over 45 percent accessed 
the Internet at their workplace.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right 
in practice.
    The state church is the Evangelical Lutheran Church of Norway, 
which was supported financially by the Government. The constitution 
requires that the King and at least half of the cabinet belong to this 
church. Other denominations operated freely. As a result of an April 
agreement between the church and the state, the church is able to 
select its own bishops (but the state still appoints them until and 
unless the constitution is amended).
    A religious community is required to register with the Government 
if it desires government financial support, which is provided to all 
registered denominations on a proportional basis in accordance with 
their membership.
    The law permits private or religious schools and day care centers 
to ask persons seeking employment whether they will respect and teach 
the denomination's beliefs and principles. Employers may reject 
applicants on the basis of their responses. In February 2007 the 
Ministry of Education allowed schools to prohibit the wearing of the 
niqab (a veil worn by strictly observant Muslim women that entirely 
covers the face except for the eyes), but there were no reports that 
school officials implemented the prohibition.
    On May 17, the country's Constitution Day, Petar Keseljevic and 
Lawrence Keffer were arrested as they attempted to evangelize on the 
streets of Oslo. They were approached by angry members of the public, 
who yelled at them not to spread political or religious messages during 
the parade. The police asked them to move, and when they refused they 
were arrested. Keseljevic claimed that his right to free speech had 
been violated, but the Oslo District Court found that the two 
evangelists were effectively engaged in a demonstration and the police 
were therefore justified in asking them to move. Each was fined 10,500 
kroner (approximately $1,500) plus legal fees of 1,500 kroner ($200). A 
similar incident involving Keseljevic in 2007 was appealed to the 
European Court for Human Rights in March; at year's end the court had 
not yet decided whether to hear the case.

    Societal Abuses and Discrimination.--The Jewish population is 
relatively small, with about 1,000 members. In November and December, 
there was considerable press debate over whether anti-Semitism was 
increasing in the country and whether press coverage of Israel is 
balanced. Politicians, religious leaders, and academics spoke out on 
the question; there was no consensus. Separately, the press heavily 
criticized a controversial television comedian for telling a joke that 
trivialized the Holocaust killings. A nongovernmental organization 
(NGO) reported the incident to the police, but the comedian was not 
charged with any wrongdoing.
    In May a court convicted Arfan Bhatti of conspiracy to commit 
``serious vandalism'' in connection with gunshots fired at the Oslo 
synagogue in 2006. The court acquitted Bhatti of the charge of 
terrorism in connection with the shooting and plots to attack several 
foreign embassies but sentenced him to eight years' imprisonment for 
attempted murder and threatening behavior-charges unrelated to the 
synagogue shooting. At year's end Bhatti remained in custody awaiting 
appeal of his conviction.
    The Government continued to support organizations that worked to 
combat discrimination; it supported the foundation ``The White Buses,'' 
which took students from the country to Auschwitz to educate them about 
the Holocaust.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern. The law prohibits 
forced exile, and the Government did not employ it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum and accepted refugees for resettlement.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention or the 1967 
protocol, and provided it to 1,960 persons in 2007. Through November 
such protection was provided to 1,721 persons.
    On July 18, a sniper firing from a hillside into an asylum center 
shot and critically injured a 16-year-old asylum seeker from Somalia. 
In August authorities charged a 50-year-old attorney with attempted 
murder after he admitted firing the rifle. The shooter was found 
mentally unfit to stand trial, and was required to undergo psychiatric 
treatment.
    In July asylum seekers and permanent residents of Kurdish and 
Chechen origin were involved in a violent fight at an asylum center. 
The media reported that a large number of Chechen men armed with 
machetes and iron bars broke into the center and that more than 20 
persons were injured. Witnesses reported that it took one hour for 
police to arrive at the center.
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 based on universal suffrage.

    Elections and Political Participation.--Free and fair parliamentary 
elections held in 2005 resulted in the formation of a coalition 
government of the labor, socialist left, and center parties.
    Political parties operated without restriction or outside 
interference.
    There were 64 women in the 169-seat parliament and seven women 
among the 19 Supreme Court justices. Women headed nine of the 19 
government ministries. There was one member of a minority in 
parliament. There were no minority ministers or Supreme Court justices.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were no confirmed reports of 
government corruption at the federal level during the year.
    Public officials are subject to financial disclosure laws. The 
Ministry of Justice and Police and the Ministry of Finance are 
responsible for combating corruption.
    The law provides for public access to government information, and 
the Government provided access in practice.
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 country 
has a parliamentary ombudsman who had the Government's cooperation and 
operated without government interference. The ombudsman has the 
authority to hear complaints on actions by government officials, but 
the office has not issued any reports specifically on human rights 
issues. Although the ombudsman's recommendations are not legally 
binding, in practice government authorities generally complied with 
them.
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 this 
prohibition in practice, although violence against women and 
trafficking in persons were problems.

    Women.--The law criminalizes rape, including spousal rape, and the 
Government enforced the law. The number of rapes reported during 2007 
was 1,060, an increase from 2006.
    The penalty for rape is generally one to 10 years in prison, 
depending on the severity of the assault, the age of the victim, and 
the circumstances under which the crime occurred. Eighty-four percent 
of rape cases reported to police in 2007 never reached the courts, 
usually due to reluctance on the part of the victim to press charges. 
Approximately 36 percent of rape trials end in acquittal. In March 2007 
a task force convened by the chief prosecutor's office to examine rape 
trends reported that one problem was that the system is male-dominated, 
but the task force did not propose any concrete steps to improve the 
system. The Ministry of Defense separately identified a gap in the 
reporting and investigation of sexual assaults against female 
enlistees.
    Violence against women, including spousal abuse, was a problem. The 
law provides higher penalties for domestic violence than for simple 
assault-generally one to six years in prison, with an increased term in 
more severe cases-and the Government enforced the law in practice. In 
2007, 948 cases of domestic violence were registered.
    The Government generally, and police agencies in particular, had 
programs to prevent rape and domestic violence and to counsel victims. 
There is a domestic violence coordinator in each of the country's 27 
police districts to provide assistance to victims. Public and private 
organizations ran 50 government-funded shelters and managed five 24-
hour crisis hot lines. The shelters provided support and counseling for 
victims and helped them gain access to social services, doctors, 
lawyers, and housing authorities.
    Parliament passed a law on November 20 outlawing the purchase, but 
not the sale, of sexual services. This law takes effect on January 1, 
2009 and applies to citizens regardless of where in the world the 
purchase takes place. Organized prostitution and pimping remain 
prohibited. NGOs and the Government estimated that more than 2,600 
persons sold sexual services in 2007. NGOs reported that a few persons 
selling sexual services appeared to be under the age of 18, although 
they generally claimed to be older. Between 70 and 90 percent of the 
persons engaged in prostitution were foreign women.
    The law provides that ``employees shall not be subjected to 
harassment or other unseemly behavior,'' and the Government effectively 
enforced this provision. Employers who violate this law are subject to 
fines or prison sentences of up to two years, depending on the 
seriousness of the offense.
    Women have the same legal status as men and enjoy identical rights 
under family and property laws and in the judicial system. The office 
of the equality and antidiscrimination ombudsman generally was 
effective in processing and investigating complaints of sexual 
discrimination. In 2007 the office received 622 complaints. Of these, 
545 resulted in guidance being given to one of the parties without a 
finding of illegality. The remaining 77 cases were still pending. 
Ombudsman statements can conclude in a finding of illegality.
    The law provides that women and men engaged in the same activity 
shall have equal wages for work of equal value. According to the office 
of the equality and antidiscrimination ombudsman, which monitors 
enforcement of the law, women on average received 10 to 15 percent less 
in pay and benefits than men for equal work.
    The law mandates that 40 percent of publicly listed companies' 
directorships were to be held by women. By the end of the year, all 
public companies had complied.

    Children.--The Government was strongly committed to children's 
rights and welfare; it amply funded systems of education and medical 
care, with equal access for girls and boys.
    In 2007 childcare services investigated 32,700 allegations of abuse 
and intervened in 6,300 cases that authorities considered to constitute 
child abuse or failure to care for a child. An independent children's 
ombudsman office within the Ministry of Children and Families is 
responsible for the protection of children under the law. The 
directorate for children, youth, and family affairs provides assistance 
and support services. With five regional offices and 26 professional 
teams, the directorate is the Government's principal agency for the 
welfare and protection of children and families.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons, but there were reports that women, and possibly children 
under 18 years of age, were trafficked to and in the country for 
commercial sexual exploitation. There was one reported case of men 
trafficked for labor.
    The country was a destination for women and children trafficked 
from Nigeria, Russia, Albania, Ukraine, Latvia, Lithuania, Estonia, 
Brazil, and East Asian countries for sexual exploitation. Victims were 
sometimes trafficked to the country through transit countries such as 
Sweden, Denmark, Italy, and the Balkan countries.
    Children in refugee centers were vulnerable to trafficking. An 
April report by the minister of justice said that 37 of the 51 children 
that were missing between 2005-07 were not found, and 11 were suspected 
to have become victims of trafficking. When this report was published, 
Libe Rieber-Mohn, Minister of State for the Labor and Integration 
Ministry, said there were many reasons why children might ``disappear'' 
from asylee/refugee reception centers, including providing false 
information about their ages, seeking asylum in other countries, and 
going to live with extended families.
    The maximum sentence for trafficking in persons is five years, or 
up to 10 years for aggravated cases; sentences are determined by 
several factors, including the victim's age, the use of violence or 
coercion, and any proceeds derived from exploitation. Traffickers can 
also be charged with violating pimping, immigration, and slavery 
prohibitions. Victims may sue their traffickers for compensation 
without impediment.
    The Ministry of Justice and Police coordinates and implements 
antitrafficking measures. In 2007 there were 31 complaints of human 
trafficking, and police districts investigated 23 trafficking cases; 
there were six prosecutions and six convictions.
    The Government cooperated with foreign governments, Interpol, and 
Europol in the investigation and prosecution of trafficking cases. The 
country's collaboration with other Scandinavian countries was 
particularly strong.
    In July a UK national was convicted of trafficking two homeless 
British men to the country to work paving driveways for minimal 
compensation and under threat of violence. The trafficker was sentenced 
to a year and a half in prison.
    Government officials believed that organized crime groups were 
responsible for most trafficking. Police identified a number of 
possible victims trafficked by organized criminals for the purpose of 
sexual exploitation. Most of these suspected victims were women from 
Nigeria, Russia, Albania, Eastern Europe, and the Baltic countries. 
Suspected victims were often reluctant to press charges, making it 
difficult for police to identify and assist them and to prosecute 
traffickers.
    Although trafficking victims may be prosecuted for violating 
immigration laws, no such prosecutions occurred during the year. 
Deportation decisions concerning victims of trafficking may be 
suspended for a 90-day reflection period to provide time for practical 
assistance and counseling to the individuals concerned. However, in a 
widely reported case in September, a trafficking victim was sent back 
to her country of origin by immigration authorities after cooperating 
with police and acting as a witness against the trafficker.
    Government officials sought to improve public awareness of 
trafficking, while NGOs conducted outreach programs to provide 
trafficking victims with information on their legal rights and 
available health and other services. During the year the Ministry of 
Children and Equality initiated a ``Stop Trafficking'' informational 
campaign to discourage the purchase of sexual services, both within the 
country and by citizens when abroad. 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's assistance program for trafficking victims 
included support centers, shelters, and a 24-hour hot line. The 
Government also ran a national network of crisis centers where 
trafficking victims could seek assistance finding shelter, work, and 
education.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 public buildings for persons with disabilities, and 
the Government generally enforced this provision in practice. The 
office for disabled persons in the Ministry of Labor and Social 
Inclusion was responsible for protecting the rights of persons with 
disabilities; that office coordinated relevant national policy and 
managed the social benefits system for such persons.

    National/Racial/Ethnic Minorities.--The media reported complaints 
from children of immigrants that they were excluded from mainstream 
society and that they had fewer and inferior job opportunities than did 
ethnic majority citizens.
    There was intense press coverage of an Oslo court's early December 
ruling in a case that had sparked charges of racism by public servants. 
The court found an ambulance paramedic not guilty of ``inappropriate 
conduct'' in his job when he refused to transport a severely beaten 
citizen of Somali descent to a hospital. The court found that the 
paramedic believed the injured man was not seriously injured and that 
he had intentionally urinated on the driver's colleague. The ambulance 
personnel's comments to their dispatcher upon leaving the scene, 
however, were recorded and disseminated in the press, and showed that 
they knew he was concussed, bleeding from his head, in a cold sweat, 
and had a possible brain injury. The injured man reached the hospital 
by taxi and was in a coma for ten days. The court overturned a prior 
judgment by the police special investigative unit that the paramedics 
should be fined for acting improperly. In addition to refusing to 
consider the issue of racism, the judge stated that public employees 
generally were entitled to ``leeway'' before their behavior was 
punishable under the law, and that such leeway was warranted in this 
case.

    Indigenous People.--The rights of the indigenous Sami were 
protected by the Government, which provided Sami language instruction 
at schools in their areas, radio and television programs broadcast or 
subtitled in Sami, and subsidies for Sami-oriented newspapers and 
books. A deputy minister in the Ministry of Labor and Social Inclusion 
deals specifically with Sami issues.
    In addition to participating freely in the national political 
process, the Sami elect their own constituent assembly, the Sameting. 
The law establishing the Sameting stipulates that this 39-seat 
consultative group is to meet regularly to deal with ``all matters, 
which in [its] opinion are of special importance to the Sami people.''

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers to form and 
join independent unions of their choice without previous authorization 
or excessive requirements, and they exercised these rights in practice. 
Approximately 47 percent of the workforce was unionized. The law allows 
unions to conduct their activities without government interference, and 
this right was exercised in practice.
    The law provides for the right to strike, and workers exercised 
this right in practice; however, the Government may, with the approval 
of parliament, compel arbitration under certain circumstances. The 
Government did not invoke compulsory arbitration during the year.

    b. The Right to Organize and Bargain Collectively.--All workers, 
including government employees and military personnel, have the right 
to organize and bargain collectively, and they 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. There were reports 
that women, and possibly children under 18 years of age, were 
trafficked to and in the country for commercial sexual exploitation and 
one report that men were trafficked for labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government implemented laws and policies to protect children from 
exploitation in the workplace. Children 13 to 18 years of age may be 
employed part-time in light work that will not adversely affect their 
health, development, or schooling. Minimum age rules were observed in 
practice and enforced by the Directorate of Labor Inspections (DLI). 
There were no other reports of illegal child labor during the year.

    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 local governments. The average 
daily wage provided a decent standard of living for a worker and 
family.
    The law limits the normal workweek to 37.5 hours and provides for 
25 working days of paid leave per year (31 days for workers over age 
60). The law mandates a 24-hour rest period on weekends and holidays. 
The law provides for premium pay for overtime and prohibits excessive 
compulsory overtime. Although the law provides the same benefits for 
citizens and foreign or migrant workers, there were reports of foreign 
workers, especially in the construction industry, being underpaid or 
overworked beyond what is legally permissible.
    The law provides for safe and physically acceptable working 
conditions for all employed persons. Specific standards are set by the 
DLI in consultation with nongovernment experts. Under the law, 
environment committees composed of representatives 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, but no data was available on 
whether they exercised this right in practice. The DLI effectively 
monitored compliance with labor legislation and standards.

                               __________

                                 POLAND

    Poland is a republic with a multiparty democracy and a population 
of approximately 38.5 million. The bicameral National Assembly consists 
of an upper house, the Senate (Senat), and a lower house (Sejm). 
Executive power is shared among the prime minister, the Council of 
Ministers, the president, and the Sejm. The October 2007 preterm 
National Assembly elections and the 2005 presidential election were 
both free and fair. Civilian authorities generally maintained control 
of the security forces.
    The Government generally respected the human rights of its 
citizens; however, prison conditions remained poor and overcrowded; 
lengthy pretrial detention, misconduct and excessive use of force by 
law enforcement officials remained problems. The judicial system was 
inefficient and continued to function poorly. Occasional anti-Semitic 
violence and harassment also were problems. Corruption remained a 
problem throughout the Government and society. There was discrimination 
against women in the labor market, sexual exploitation of children, 
trafficking in women and children, and societal discrimination and 
violence against ethnic minorities and homosexuals. Violations of 
workers' rights and antiunion discrimination also were problems.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    On June 30,prosecutors in Lodz indicted three police officers in 
connection with a 2004 incident in which police mistakenly used live 
ammunition instead of rubber bullets to quell a riot after a soccer 
game. One person was killed and a second injured. The indicted officers 
include a highway police officer who was on duty the night of the 
incident, his assistant who issued live ammunition, and a Lodz city 
police officer who coordinated the operation. The charges, which 
include failure to fulfill duties and creating unintentional danger, 
carry a maximum penalty of eight years' imprisonment.
    On July 10, the District Court in Warsaw discontinued the case 
against Communist-era general Czeslaw Kiszczak, who was accused of 
ordering militia to open fire on striking Wujek miners in 1986. The 
court concluded that, although Kiszczak endangered the miners, he did 
so unintentionally.
    On June 24, an appeals court in Katowice upheld a May 2007 District 
Court ruling that 15 Communist-era police officers were guilty of 
firing on striking coal miners in 1981. Nine persons were killed and 25 
others wounded in the incident at the Wujek coal mine. Commander 
Romuald Cieslak was sentenced to 11 years in prison; 14 officers under 
his command received sentences of from two and one-half to three years.
    On September 12, the Warsaw District Court began a trial against 
eight former Communist-era officials who imposed martial law in 1981, 
including generals Wojciech Jaruzelski and Czeslaw Kiszczak. If 
convicted on charges of violating the constitution, committing 
Communist crimes, and leading an organized criminal group, the 
defendants could be sentenced up to 10 years in jail.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices, and the 
Government generally respected these provisions in practice; however, 
there were problems with police misconduct and mistreatment of 
prisoners and detainees. Under the criminal code, torture and cruel or 
degrading treatment are not reported as crimes.
    On December 2, the country's human rights ombudsman issued a formal 
statement of concern to the chief of the National Police about the 
excessive use of force by the police, and requested information on a 
plan to address the problem.
    The law on police misconduct outlines disciplinary actions, which 
include reprimands, demotion in rank, and dismissal.
    According to the National Police, the courts convicted 68 officers 
of misconduct between January and November, and 75 officers of 
misconduct in 2007. Although the number of officers disciplined by 
internal police proceedings has decreased in recent years, the number 
of misconduct investigations has increased due to new procedures that 
require all misconduct complaints be reviewed by the police internal 
affairs office. For example, in 2007, 6,184 cases of police misconduct 
were reviewed. Of that number, 761 officers were disciplined, including 
77 who were dismissed. In 2006, 4,856 cases of misconduct were 
investigated; 913 officers were disciplined, including 81 who were 
dismissed.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions did not always meet international standards. 
Overcrowding and inadequate medical treatment continued to be problems.
    As of July 31, 84,960 persons were held in prisons and detention 
facilities according to government statistics. Total capacity compared 
to the previous year increased by approximately 2,900 and was estimated 
at 78,909 persons; overcrowding remained unchanged at 117 percent.
    European Union (EU) standards set minimum cell size at 64 square 
feet (six square meters). Under the country's criminal code, minimum 
cell size is set at 32.28 square feet (three square meters); however, 
in practice this standard was often not met. According to the criminal 
code, prison directors may place prisoners for a limited time in cells 
smaller than 32 square feet per person. In practice, however, prisoners 
generally remained in small cells for the duration of their sentence.
    On May 26, the Constitutional Court ruled that a provision in the 
criminal code, which allows the justice ministry to keep prisoners in 
overcrowded cells for unlimited periods of time, violates the 
constitution and the law on cruel and degrading treatment. The new 
provision will take effect in December 2009.
    During the year the human rights ombudsman received a total of 
5,718 complaints, compared to approximately 4,000 in 2007, mainly 
regarding poor prison conditions, such as poor medical care, abuse by 
prison authorities, overcrowding, and violations of mail and visiting 
rights.
    In December 2007 a Wroclaw court ruled for a second time against a 
prisoner's complaint for compensation for being held in a severely 
overcrowded detention cell and subjected to demeaning conditions. The 
court's first ruling was overturned by the Supreme Court, which upheld 
the prisoner's complaint and ordered the Wroclaw court to rehear the 
case as a violation of personal rights and dignity. In its second 
ruling, the Wroclaw court stated that the prisoner did not specify what 
type of violation of dignity occurred, and that the prisoner's 
conditions were similar to those of other prisoners.
    While juveniles were generally separated from adults, in 
exceptional cases the law allows juveniles and adults to be housed 
together in prisons and detentions centers. Juveniles (17- to 21-year-
olds) accused of serious crimes were usually sent to pretrial 
detention.
    Pretrial detainees were often held in prisons, but in separate 
areas. Conditions for pretrial detainees were generally similar to 
those for prisoners, but on occasion were notably worse due to greater 
overcrowding and poorer facilities.
    The Government allowed independent monitoring of prison conditions 
and detention centers on a regular basis by the country's human rights 
ombudsman.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--The police force is a 
national law enforcement body with regional and municipal units 
overseen by the minister of interior. Corruption within the 100,000-
member police force remained widespread, and there was a public 
perception that police were unduly influenced by political pressures. 
Instances of corruption and serious criminal misconduct were 
investigated by the National Police's Internal Affairs Office.
    There were several ongoing high-profile scandals involving the 
security apparatus that originated in 2007. National media, NGOs, and 
prominent intellectuals questioned the legality of some investigation 
methods used by police, the Prosecutor's Office, the Central Bureau of 
Investigation, and the Central Anticorruption Bureau.
    There were no reports of arrests, trials, or other developments in 
connection witha major corruption investigation of senior officials for 
malfeasance in public tenders. In 2007, 17 persons, including five 
senior employees at National Police headquarters, were charged in the 
case with abuse of power, failure to fulfill duties, and perjury.

    Arrest and Detention.--By law authorities must obtain a court 
warrant based on evidence to make an arrest, and authorities generally 
complied with the law in practice. However, pretrial detention was a 
serious problem that contributed to overcrowding and deterioration of 
detention facilities.
    The law allows a 4-hour detention period before authorities must 
file charges, and an additional 24 hours for the court to decide 
whether to order pretrial detention. Detainees must be informed 
promptly of the charges and have the right to counsel; the Government 
provides free counsel to the indigent. Defendants and detainees have 
the right to consult an attorney at any time. There was a functioning 
bail system, and most detainees were released on bail.
    Detainees may be held in pretrial detention for up to three months 
and may appeal the legality of their arrest. A court may extend 
pretrial detention every six to 12 months, but the total time in 
detention may not exceed two years. However, in practice detention 
frequently extended beyond two years. In certain complex cases, the 
court may petition the Supreme Court for an extension beyond two years.
    For example, on November 5, a court in Katowice extended the 
detention of businessman Marek Dochnal for an additional three months. 
Dochnal was first arrested in 2004 on charges of bribing public 
officials; he remained in pretrial detention for over three years 
during the investigation. On January 28, the European Court of Human 
Rights (ECHR) notified the Government that it had accepted Dochnal's 
July 2007 complaint protesting his detention. A Warsaw court 
independently released Dochnal three days later. His trial began on 
July 10; however, Dochnal was rearrested on August 7 by the Internal 
Security Agency (ABW) because authorities suspected that he may flee 
the country.
    The Central Prison Authority stated that as of October 31, there 
were 9,464 pretrial detainees, a drop of approximately 4,500 from March 
2007. According to media reports, the drop is partly due to fewer 
requests by prosecutors for pretrial detention and a decline in the 
number of requests approved by judges.
    According to a September 26 article by the leading daily 
Rzeczpospolita newspaper, between 1999 and 2007, the ECHR determined in 
113 cases that authorities violated the human rights and fundamental 
freedom of detained persons due to lengthy pretrial detention.
    In a May 2007 report the UN Committee against Torture expressed 
concern about the length of pretrial detention. It noted that the 
country's law does not provide for a time limit for pretrial detention 
at the start of court proceedings.

    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 public confidence.
    Military courts, which are supervised by the minister of justice 
and the prosecutor general, have jurisdiction over crimes committed by 
members of the military while on duty. Defendants enjoy the same rights 
as civilians.
    The Supreme Court handles appeals of lower court decisions and 
ensures that laws are applied uniformly. The 15-member Constitutional 
Court is nominated and approved by the lower house of the Sejm. It 
reviews the constitutionality of laws, adjudicates disputes between 
government entities, and monitors the constitutionality of actions by 
political parties.
    The court system remained cumbersome, poorly administered, and 
inadequately staffed. Most notably there were more criminal judges than 
prosecutors in many districts. Court decisions frequently were not 
implemented. Although there was some progress reported on the 
computerization of the court system, a continuing backlog of cases and 
the high cost of legal action deterred many citizens from using the 
justice system.
    In 2007 a system of ``2-hour courts'' was implemented to expedite 
trials for minor offenses and petty crimes. Under the system, the 
accused must be tried within 72 hours of arrest. Police and prosecutors 
have 48 hours to collect evidence and file a case; courts must issue a 
decision within 24 hours. However, the system was reported to have 
achieved little relative to its high costs.

    Trial Procedures.--Cases are tried in regional and provincial 
courts by a panel composed of a judge and two lay assessors. Defendants 
enjoy a presumption of innocence, are allowed to consult an attorney, 
must be present during trial, may confront and question witnesses, have 
access to government-held evidence, and may present evidence and 
witnesses. Prosecutors can grant witnesses anonymity if they express 
fear of retribution from defendants. Trials are usually public; 
however, the courts reserve the right to close a trial in some 
circumstances, including divorce proceedings, cases involving state 
secrets, or cases with content that may offend public morality.
    After a court issues a verdict, a defendant has seven days to 
request a written statement of the judgment; courts must respond within 
seven days. A defendant has the right to appeal a verdict within 14 
days of the response. A two-level appeal process is available in most 
civil and criminal matters.
    The law provides for juries, usually composed of two or three 
individuals appointed by local officials.
    Individuals continued to file complaints against the Government 
with the ECHR regarding trial delays, the right to a fair trial, and 
the lack of due process.
    According to the Warsaw-based Helsinki Foundation for Human Rights, 
between January and November, the ECHR issued judgments in 123 cases 
regarding the country. The highest number of cases, 56, pertained to 
the right to a fair trial; 49 to the right of liberty and security, 
which included pretrial detention. The remainder pertained to the right 
to respect for privacy and family life, protection of property, and 
freedom of expression and effective remedy.
    In May 2007 the Constitutional Court declared many provisions of 
the country's ``lustration'' law unconstitutional. The law, passed in 
1997 and amended in 2006, was designed to expose officials who may have 
collaborated with Communist-era secret police. It required vetting of 
an estimated 700,000 persons, including civil servants, politicians, 
and individuals in positions of public trust, such as school principals 
and journalists, by the National Institute of Public Remembrance. The 
court's ruling limited the scope of the lustration law, but still 
allowed researchers and journalists to review the results of the 
institute's vetting and investigations.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The judiciary system is 
generally independent and impartial in civil cases, and there is access 
to courts to bring lawsuits seeking damages for or cessation of human 
rights violations. The constitution and law provide for the sovereignty 
of and public access to the judiciary. However, implementation of court 
orders, particularly payment of damages, is slow, cumbersome, and 
ineffective. Court decisions are poorly enforced; recent changes to 
civil procedure place speed and efficiency ahead of individual rights 
and the right to legal counsel in practice is limited.

    Property Restitution.--The law provides for restitution of communal 
property seized during the Communist and Nazi eras. However, there is 
no comprehensive law on returning or compensating for privately-held 
real property confiscated during these eras. During the year, the 
Government continued to develop legislation to provide administrative 
mechanisms for the restitution of private property in addition to 
existing judicial mechanisms.
    However, despite the lack of a comprehensive law, some illegally 
nationalized private property has been restored. Between 2001 and 
August of the reporting year approximately 382.2 million zloty ($128 
million) was paid as compensation for illegally nationalized private 
property. Compensation from the State Treasury Reprivatization Fund was 
distributed to 1,901 individuals and 41 businesses. Compensation 
payments were also made to persons who lost private property as a 
result of persecution by the state.
    Pursuant to a 2005 law concerning properties lost because of border 
changes after World War II, the Government paid compensation on 20 
percent of the value of such property. By the end of July, the state 
treasury paid compensation in 5,208 cases of approximately 203 million 
zloty ($68 million). According to the Government, the 2005 law could 
affect approximately 80,000 claimants for property now located in 
Lithuania, Belarus, and Ukraine. The law also requires the treasury to 
create registers of all claimants who have the right to compensation. 
The deadline for submitting applications for claims is December 31.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions; however, the 
Government did not always respect these prohibitions in practice.
    At year's end the legality of the ABW's installation of scanning 
and handwriting analysis equipment at mail-sorting facilities remained 
under review by the human rights ombudsman and the General Inspector 
for the Protection of Personal Data.
    The equipment, which has already been installed in Poznan, screens 
all incoming and outgoing mail and reports results back to the security 
agency.
    The law allows electronic surveillance for crime prevention and 
investigations. However, there was no independent judicial review of 
surveillance activities, nor was there any control over the use of 
information obtained by monitoring private communications. A number of 
government agencies had access to wiretap information.
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 there were 
laws that restricted these freedoms. According to NGOs and 
international media monitoring groups, since 1990 the courts and 
government have either upheld or instituted laws to criminalize 
defamation by the media.
    For example, defamation is a criminal offense punishable by up to 
two years' imprisonment. This includes publicly insulting, defaming or 
libeling the president, members of parliament, government ministers and 
other public officials. However, the law is rarely applied; journalists 
found guilty of defamation are generally only fined.
    The law also prohibits hate speech, including dissemination of 
anti-Semitic literature.
    Independent media were active and expressed a wide variety of views 
without restriction. Private television, satellite, and cable 
subscription services were available across most of the country. 
Electronic media operated on frequencies selected by the Ministry of 
Communications and auctioned by KRRiTV, the National Radio and 
Television Broadcasting Council, a five-member body appointed by the 
National Assembly and the president.
    The KRRiTV council, which is responsible for protecting freedom of 
speech, has broad power to monitor and regulate programming, allocate 
broadcasting frequencies and licenses, apportion subscription revenues 
to public media, and impose financial penalties on broadcasters. While 
council members are required to suspend their membership in political 
parties or public associations, critics asserted that the council 
continued to be politicized. The president selects two members, the 
Sejm two members, and the Senate selects one member.
    The Catholic nationalist radio station Radio Maryja is designated a 
``public broadcaster'' and exempted from paying regular licensing fees 
of up to 1.4 million zloty (approximately $467,000). The station, which 
was founded in 1991, features conservative Catholic call-in shows that 
have on occasion included anti-Semitic statements. Radio Maryja is 
privately owned by the Polish province of the Congregation of the Most 
Holy Redeemer of the Catholic Church, which has provinces throughout 
the world.
    The law prohibits the media from promoting activities that are 
illegal or against government 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 Government enforced this provision in practice, levying fines on 
programs deemed offensive.
    For example, on April 22, KRRiTV fined private television station 
TVN 471,000 zloty ($157,000) for broadcasting a talk show during which 
the participants stuck a national flag into dog excrement. On November 
17, a court in Warsaw suspended the fine pending a review of TVN's 
appeal.
    On September 19, the Constitutional Court annulled an article in 
the criminal code that provides for a prison sentence of up to three 
years for anyone who publicly defames the ``Polish nation.'' The ruling 
stemmed from an investigation, begun in January by prosecutors in 
Krakow, to determine whether a book by historian Jan Gross on anti-
Semitism in the country after World War II was defamatory. The 
prosecutors dropped the investigation in February without filing 
charges.
    On September 29, the Constitutional Court upheld an article in the 
press code that allows for fines and limits editorial independence. 
Under the article, journalists must verify quotes and statements with 
the person who made them prior to publication. The court's ruling 
follows the libel conviction of Jerzy Wizerkaniuk who published an 
interview in 2003 in the weekly Gazeta Koscianska with a member of 
parliament. The member, Tadeusz Myler of the Democratic Left Alliance 
(SLD), sued for defamation. Wizerkaniuk appealed the ruling to the 
ECHR.
    There was no development in the2006 case filed by journalist Jerzy 
Urban with the ECHR. Urban argued that a 20,000 zloty ($6,700) fine 
levied by a Warsaw appeals court for alleged slander was a violation of 
his right to free speech. The case stemmed from an article Urban 
published in 2002 in the news weekly Nie that criticized the pope.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chatrooms. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e-mail.
    More than 51 percent of households in the country owned a personal 
computer and used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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.
    Under the criminal code, offending religious sentiment through 
public speech is punishable by a fine or a prison term of up to three 
years. More than 94 percent of the population was Roman Catholic. 
Citizens have the right to sue the Government for constitutional 
violations of religious freedom and legal protections cover 
discrimination or persecution of religious freedom.
    Religious education classes were taught in public schools. Parents 
could request instruction in any registered religion, including 
Protestantism, Orthodox Christianity, Judaism, and Islam. Children may 
choose between religious instruction and ethics. Catholic Church 
representatives were included on a commission that determined whether 
books were acceptable for school use.
    There were no developments in a case pending before the 
Constitutional Court with regard to a regulation on religious education 
in schools. In July 2007 the former minister of education signed a 
directive that religious education should be graded and included in 
students' grade point averages. The opposition Democratic Left Alliance 
challenged the regulation on grounds that it was unconstitutional and 
would discriminate against students who do not take religious 
instruction.
    The Government continued to work with local and international 
religious groups to address property claims and other sensitive issues 
stemming from persecution and confiscation during the Nazi and 
Communist eras. Five commissions, one each for the Catholic Church, 
Jewish community, Lutheran Church, and Orthodox Church, and one for 
other denominations, supervised by the Interior Minister oversee 
religious property claims. Of approximately 10,000 communal property 
claims filed for restitution of religious property, more than 5,200 had 
been resolved and more than 1,200 properties had been returned by 
year's end.
    As of August 31, 1,473 of the 3,063 claims filed by the Catholic 
Church were settled between the Catholic Church and the party in 
possession of the property, which was primarily the national or local 
government.
    There were 5,544 property claims submitted by the Jewish community. 
As of September 29, the commission either partially or entirely 
concluded 1,450 cases. Of that number, 389 were settled amicably; 259 
claims were either partially or entirely accepted; 474 ended in a 
decision to discontinue proceedings; 213 claims were rejected; and in 
42 cases the judgment had not been agreed upon. The time period for 
filing claims under a 1997 law ended in 2002.
    The Lutheran Church filed claims for 1,200 properties. As of July 
31, 890 cases were concluded, of which 239 were resolved by a 
settlement between the parties; 159 ended in judgments; 492 claims 
ended in the decision to discontinue or to reject the application. The 
deadline for filing claims was 1996.
    As of September 16, the Orthodox Church filed 472 claims with its 
commission, of which 274 were closed in full or in partial settlement; 
14 cases concluded in a judgment on the return of property or financial 
compensation; 53 cases were discontinued and three were dismissed.
    The fifth property commission, for all other denominations, 
received a total of 168 claims. As of September 11, 62 cases have been 
concluded, with 11 judgments on transfer of property or compensation, 
two settlements for property and financial compensation; 32 claims have 
been discontinued; six claims were dismissed, and in 11 cases an 
agreement had not been reached.

    Societal Abuses and Discrimination.--There were reports of 
occasional anti-Semitic incidents, including desecration of Jewish 
cemeteries. The Jewish community was estimated at 20,000 to 30,000, 
including 2,500 registered members listed in the country's statistical 
yearbook. The Government publicly criticized anti-Semitic acts and 
supported tolerance education.
    The country has made considerable progress in relations with its 
Jewish communities; however, members of populist and nationalist 
parties and organizations continued to make some extremist, intolerant, 
and anti-Semitic statements. Two political parties that were part of 
the governing coalition and whose members made anti-Semitic statements 
were not reelected to the Sejm in the preterm October 2007 
parliamentary elections.
    In February Leszek Bubel, a self-proclaimed anti-Semite and leader 
of a far-right political party, posted a video on a popular Internet 
site in which he boasted about his anti-Semitism and urged Jews to 
leave the country. During the year several criminal and civil cases 
against Bubel for inciting hatred and disseminating anti-Semitic 
literature were either resolved or continued in courts in Bialystok, 
Lublin, Wrzenia, and Warsaw. Bubel has previously served six months in 
jail for inciting racial hostility and defaming Jews.
    On May 18, prosecutors in Wroclaw filed hate-crime charges against 
Polish administrators of Red Watch, a Web site maintained by the anti-
Semitic and homophobic Blood and Honor group. The charges stem from the 
2006 arrest of the administrators for allegedly posting the description 
of a journalist as an ``enemy of white people.'' On March 4, a court in 
Leszno sentenced a skinhead to 10 years imprisonment for the stabbing 
of the same journalist in Warsaw.
    On November 24, a court in Torun upheld a motion by prosecutors to 
drop criminal charges against Tadeusz Rydzyk, the founder and director 
of conservative Catholic Radio Maryja, for insulting a public official 
and slander. The charges stemmed from the release of an audiotape in 
July 2007 of Rydzyk making anti-Semitic comments, suggesting that Jews 
are greedy and claiming that President Lech Kaczynski was ``in the 
pockets of the Jewish lobby.'' Rydzyk maintained the tape, which was 
released by the news magazine Wprost, had been altered.
    On October 20, a family court reprimanded four teenagers who jeered 
and attacked a 19-year-old Orthodox Jew visiting a Jewish cemetery in 
May in Warka. The youths, aged 13-16, had insulted, punched and kicked 
the victim. The teenagers were charged with causing bodily harm and 
insulting a person's nationality, which are criminal offences that can 
be punished by up to three years' imprisonment.
    During the year plaques marking the boundaries of the Warsaw Ghetto 
were installed on street corners and public buildings. Construction, 
which began in 2007, continued on a Museum of the History of Polish 
Jews in Warsaw.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, returning refugees, 
asylum seekers, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol and provided it to 2,866 persons in 2007.
    Persons granted asylum or refugee status had the right to work, to 
receive social assistance and education, and to have access to a state 
integration program for 12 months. The program provides participants 
with contacts in the local community, assistance with accommodations, 
and help with job searches. Refugees receive monetary assistance for 
living expenses and language training and are registered in the 
national health care system. Despite this program many new immigrants 
had difficulty finding work commensurate with their skills due to the 
overall high rate of unemployment. Persons with temporary status also 
had the right to work, receive social assistance, and to participate in 
the Government's integration programs.
    There were occasional reports of problems in refugee detention 
centers. The Government operated 20 refugee reception centers in the 
Warsaw, Bialystok, and Lublin areas with a capacity of 4,000. The main 
difficulties in the centers included providing education for children, 
legal assistance, and medical treatment. In September 2007 the 
Government's Office for Foreigners reported that 97 percent of all 
refugee children were enrolled in public schools. However, other 
remaining concerns included limited access to higher education, 
language and cultural barriers, and discrimination against refugee 
children by their peers.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law 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.

    Elections and Political Participation.--The October 2007 preterm 
parliamentary elections and the 2005 presidential election were both 
free and fair. Multiple candidates from various political parties 
freely declared their candidacy to stand for election and had access to 
the media. However, Organization for Security and Cooperation in Europe 
(OSCE) election observers noted a lack of independent oversight of 
public broadcast media, which allowed for an imbalance in coverage of 
candidates.
    There were 94 women in the 460-seat Sejm and eight women in the 
100-seat Senat. There were five women in the 20-member Council of 
Ministers.
    There was one minority member in the Sejm (representing the German 
minority in Silesia) and no minorities in the upper house. There were 
no minorities in the cabinet. The law exempts ethnic minority parties 
from the requirement to win 5 percent of the vote nationwide to qualify 
for seats in individual districts.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement these laws effectively, and corruption was believed to be 
pervasive throughout government and society.
    The World Bank's Worldwide Governance Indicators reflected that 
corruption was a problem. There was a widespread public perception of 
corruption throughout the Government. Citizens continued to believe 
that political parties and members of the legislative branch, the 
health care system, and the judiciary were the most corrupt.
    The Central Anticorruption Bureau (CBA) has broad powers to audit 
the financial holdings of public officials and to fight corruption in 
public procurement. CBA head Mariusz Kaminski estimated the total value 
of losses due to corruption in the country at more than 18 billion 
zloty (approximately $6 billion) annually. The CBA is authorized to 
conduct searches and secret videotaping, wiretap telephone 
conversations, and make arrests.
    During the year the CBA continued to investigate numerous high-
profile and controversial investigations.
    For example, on June 4, the Warsaw prosecutor indicted billionaire 
Henryk Stoklosa on 21 charges in connection with a major Ministry of 
Finance corruption case. Stoklosa was arrested in Germany in November 
2007 and extradited. Three ministry officials were arrested in May 2006 
as part of the CBA investigation. According to the prosecutor, the 
officials canceled fiscal liabilities and issued tax exemptions over a 
10-year period in exchange for bribes from organized criminals and 
businessmen. Seven other persons, including two ministry officials and 
a tax office employee, are being tried in Warsaw's central court in a 
related case. Stoklosa, who has been in pretrial detention since 
December 2007, faces up to 10 years imprisonment.
    On June 24, the Poznan prosecutor indicted a former member of 
parliament, Beata Sawicka, and the mayor of Hel on corruption charges 
related to a real estate scandal. The CBA accused Sawicka of corruption 
for accepting a bribe to influence a public tender in Hel in the run up 
to the October 2007 parliamentary elections. Both were arrested and 
detained but subsequently released. In a statement before her arrest, 
Sawicka said she was seduced and manipulated into accepting the bribe 
by a CBA officer. In a related development, on October 20 a Warsaw 
court ordered the prosecution to investigate the CBA's involvement in 
the case.
    On August 19, the Warsaw central court began a trial of two persons 
charged with attempting to bribe former agricultural minister and 
deputy prime minister Andrzej Lepper. The CBA detained the two persons 
in July 2007 based on reports that they had connections with persons in 
the Ministry of Agriculture who could issue favorable land-use 
decisions in exchange for a bribe of three million zloty ($1 million). 
Lepper was subsequently dismissed as minister; his Samoobrona political 
party withdrew from the coalition government, a move that led to the 
preterm parliamentary elections in October 2007.
    The law provides for public access to government information; in 
practice the Government provided access to citizens and noncitizens, 
including foreign media. Government 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.
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.
    The country's human rights ombudsman presents an annual report to 
the Sejm on the state of human rights and civic freedom in the country. 
In June, the ombudsman reported that in 2007, 57,507 cases were filed 
with the office, an increase of 8,120 from 2006.
    The office of the ombudsman is independent; however, the ombudsman 
is selected by the parliament and at times was criticized by the media 
for being influenced by party politics.
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 
provisions; however, violence and societal discrimination against women 
and ethnic minorities persisted.

    Women.--Rape, including spousal rape, is illegal and punishable by 
up to 12 years in prison. According to National Police statistics, 
during the first six months of the year, there were 768 reported cases 
of rape. However, NGOs estimated that the actual number of rapes was 
much higher because women often were unwilling to report rape due to 
social stigma. During the same time period, police forwarded 570 rape 
cases to prosecutors and 54 to family court (for underage offenders) 
for indictment.
    Domestic violence against women continued to be a serious problem. 
The increase in reports during the past 10 years was attributed to 
heightened police awareness, particularly in urban areas, as a result 
of media campaigns and NGO efforts. Under the law, a person convicted 
of domestic violence may be sentenced to a maximum of five years in 
prison; however, most convictions resulted in suspended sentences. The 
law provides for restraining orders on spouses to protect women from 
abuse.
    During the first six months of the year, police identified 10,506 
domestic violence offenses, of which 9,733 were forwarded for 
prosecution. In 2007 police reported that officers conducted 81,403 
interventions related to domestic violence. Of that number the justice 
ministry stated that 15,404 were convicted, and at year's end 4,500 
individuals were serving jail sentences for domestic violence crimes.
    Women's organizations believed the number of women affected by 
domestic abuse was underreported, particularly in small towns and 
villages. The NGO Women's Rights Center reported that police were 
occasionally reluctant to intervene in domestic violence incidents if 
the perpetrator was a member of the police or if victims were unwilling 
to cooperate.
    NGOs operated centers assisting victims of domestic violence by 
providing preventive treatment, counseling to perpetrators, and by 
training personnel to work with victims. The Government also provided 
victims and families with legal and psychological assistance, and 
operated 11 shelters for pregnant women and mothers with small children 
as well as 184 crisis centers. In addition, local governments operated 
37specializedcenters for victims of domestic violence. These centers, 
which were funded by the central government, provided social, medical, 
psychological, and legal assistance to victims and ``corrective-
educational'' programs for abusers. In 2007, the last year for which 
statistics were available, the Government allocated approximately 9.6 
million zloty ($3.2 million) for the centers' operating costs. The 
Government also spent 452,800 zloty ($151,000) during the year on 
public awareness programs to counteract domestic violence, which were 
implemented by local NGOs and governments.
    The total amount allocated to implement the National Program for 
Combating Domestic Violence was 12.4 million zloty ($4.1 million), 
which included funding for specialized centers; education/correction 
programs for offenders; and training for social workers, police 
officers, and specialists who are first contact for victims of domestic 
violence.
    Prostitution is legal, but pimping is prohibited. According to 
police, there were an estimated 3,200 prostitutes in the country; 
however, NGOs estimated that the number of women in all elements of the 
sex industry was significantly higher, from 18,000-20,000. Women were 
trafficked for commercial sexual exploitation.
    The law prohibits sexual harassment. Under the criminal code, 
persons convicted of sexual harassment may be sentenced to up to three 
years in prison. The labor code defines sexual harassment as 
discriminatory behavior in the workplace that violates an employee's 
dignity, including physical, verbal, and nonverbal acts.
    The NGO Center for Women's Rights stated that sexual harassment was 
a serious and underreported problem. Many victims do not report abuse 
or withdraw harassment claims in the course of police investigations 
out of shame or fear of losing their job. However, social awareness of 
the problem continued to increase as more cases of sexual harassment 
were reported by the media. During the first six months of the year 
police reported 63 cases of sexual harassment, as compared with 82 
cases during 2007.
    During the year legal proceedings continued against two former 
members of parliament charged with extorting sex from female employees. 
On November 18, a court in Piotrkow extended pretrial detention for 
Stanislaw Lyzwinski until April 2009. Lyzwinski, a Samoobrona party 
member, has been in detention since August 2007. He is accused of 
forcing female workers to have sex with him and other officials, an 
offense that carries an eight-year sentence. Lyzwinski is also charged 
with rape, repeatedly forcing four women to have sex, abetting a 
kidnapping, and extortion. He could be sentenced up to 10 years in 
prison. Andrzej Lepper, another Samoobrona member, was also charged 
with extorting sex from a female party worker and with attempting to 
force another woman to have sex. Lepper is free on bail. On September 
5, attorneys for Jacek Popecki, who was an assistant to Lyzwinski and 
Lepper, appealed the 28-month jail sentence he received for inducing an 
employee to have an abortion.
    On September 26, the Olsztyn District Court released former mayor 
Czeslaw Malkowski pending trial for charges of sexual harassment of two 
female employees and raping a third pregnant employee. Malkowski was 
arrested on March 14.
    The constitution provides for equal rights for men and women in 
family law, property law, and in the judicial system; however, in 
practice there were few laws implementing this provision. Women held 
lower-level positions and frequently were paid less than men for 
equivalent work, were fired more readily, and were less likely to be 
promoted.
    On March 7, the prime minister re-established the Government 
minister-level position for equal treatment of men and women.
    The Ministry of Labor and Social Policy is responsible for 
combating gender discrimination, incorporating gender equality into 
governmental policy, and monitoring implementation of government 
programs to promote gender equality. The ministry continued to 
implement projects to combat gender discrimination in the workplace, 
including an EU program that involved local NGOs to combat 
discrimination on the grounds of sex, race, religion, disability, age, 
and sexual orientation. The ministry was also a participant in an 
eight-year Council of Europe ``Safer Together'' campaign to counter 
domestic violence.

    Children.--The Government was committed to children's rights and 
welfare.
    While education is universal and compulsory until age 18 and 
schools are free, the Roma Association claimed that more than 50 
percent of Roma children did not attend public school out of fear that 
teachers would encourage assimilation and uproot them from their Romani 
traditions.
    In July and August the news daily Dziennik published a series of 
articles on segregation of Roma children in Polish schools, reporting 
that in six cities with a large Roma population, Roma children are 
taught in separate classes, ostensibly because they do not speak fluent 
Polish. The education level in such classes is reportedly lower than in 
mainstream Polish schools. Following the publications, the minister of 
education inspected all district offices where Roma-dedicated classes 
operated and subsequently ordered that Roma children be fully 
integrated with Polish children.
    Incidents of child abuse were reported; however, convictions for 
abuse were rare. The law prohibits violence against children and 
provides for prison sentences ranging from three months to five years.
    In 2007, according to the Ministry of Justice, 666 persons were 
convicted of sexual intercourse with persons under 15 and eight persons 
were convicted of pimping with the involvement of a minor.
    A government ombudsman for children's rights issued periodic 
reports on problems affecting children, such as pedophilia on the 
Internet, improving access to public schools for disabled children, and 
better medical care for children with chronic diseases. The ombudsman 
office also operated a 24-hour hot line for abused children. In 2007, 
the last year for which statistics were available, the ombudsman 
received 7,981 complaints. Of that number, 43 percent referred to the 
right to be brought up in a family, 17 percent to protection against 
abuse and exploitation, 13.5 percent to the right to education, and 10 
percent to the right to adequate social conditions.
    During the year police again conducted operations against child 
pornography and pedophiles. For example, in October and September, 
police arrested approximately 200 persons and confiscated thousands of 
CDs and DVDs, and more than 200 computers in two operations targeting 
pedophiles who use the Internet. In addition, more than seven thousand 
persons who distribute child pornography via the Internet were 
identified.
    In June and April coordinated police raids executed simultaneously 
in 12 provinces and 13 cities resulted in 71 arrests of persons who 
either downloaded or distributed child pornography from the Internet.
    In 2007 police conducted similar nationwide operations that led to 
the arrest and detention of approximately 62 persons and confiscation 
of computers and pornographic materials. However, no reports were 
available on the outcome of the arrests and charges filed.
    According to the leading NGO in the country working with 
trafficking in children, the Nobody's Children Foundation, child sex 
tourism is not a problem; however trafficking in children for sexual 
exploitation is a problem in the country.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were numerous reports that persons were 
trafficked to, from, and within the country.
    Poland remained a source, transit, and destination country for 
trafficked persons, primarily women and girls, but to a lesser extent, 
boys and men for forced labor. Internal trafficking for the purpose of 
sexual exploitation also occurred.
    Persons were trafficked to and through the country, primarily from 
Ukraine, Bulgaria, Romania, Belarus, and Moldova. There were reports of 
small numbers of Turks, Vietnamese, Cameroonians, Somalis, and Ugandans 
being trafficked into, within, and through the country. Ukraine 
continued to serve as the largest source of persons trafficked through 
the country, with Moldova also serving as a substantial source. 
Citizens and foreigners were trafficked to other EU countries, 
particularly to Austria, Belgium, Denmark, Germany, Greece, Italy, the 
Netherlands, Spain, and Sweden, as well as to Japan and Israel. The 
extent of internal trafficking was unclear because some victims may 
have chosen to engage in prostitution or other aspects of the sex 
trade. NGOs have noted a recent trend toward a higher percentage of 
victims being trafficked for labor in agriculture and other economic 
sectors.
    Traffickers continued to target young, unemployed, and poorly paid 
women and men, particularly those with weak family ties and support 
networks. Traffickers attracted victims with false promises of 
lucrative jobs, arranged marriages, fraud, and coercion. Some victims 
believed that they were accepting employment abroad as cooks, 
waitresses, maids, nannies, or agricultural laborers. Traffickers 
threatened victims with violence, and those who resisted or tried to 
flee were raped, beaten, or injured.
    Authorities believed that large organized crime groups and 
individuals controlled the trafficking business and that victims were 
frequently trafficked by nationals of their own country, who collected 
a fee to allow passage into or through the country. According to arrest 
statistics, approximately 25 percent of traffickers were noncitizens. 
Authorities also believed that employment and talent agencies were 
sometimes used as fronts for trafficking operations.
    Penalties for trafficking in persons range from three to 15 years' 
imprisonment. While prostitution is not criminalized, pimping, 
recruiting, or luring persons into prostitution carry penalties of up 
to 10 years in prison. Individuals convicted of trafficking in children 
and luring women into prostitution abroad received the most severe 
sentences. Traffickers could also be prosecuted under laws 
criminalizing statutory rape and forced prostitution.
    While the country's criminal code prohibits trafficking, it lacks a 
clear legal definition of trafficking. According to NGOs and some law 
enforcement officials, the lack of a definition hampers prosecutions of 
trafficking crimes. In May 2007 the human rights ombudsman called on 
the Justice Minister to incorporate a definition of human trafficking 
into the criminal code.
    During the first six months of the year police identified 38 cases 
of human trafficking and forwarded 38 cases to prosecutors for 
indictment. In 2007, according to the Ministry of Justice, 70 
traffickers were convicted for forced prostitution and trafficking, 
compared to 16 convictions in 2006 strictly for trafficking.
    On February 22, an Italian court sentenced 16 Poles to imprisonment 
for four to 10 years for recruiting more than 300 Polish workers to 
work in agricultural camps in southern Italy under conditions that 
amounted to forced labor. In December 2007, in a parallel case, a court 
in Krakow court began the trial of 23 persons who were allegedly 
involved in trafficking persons to the labor camps in Italy. Workers 
were forced to work up to 15 hours a day for one euro (approximately 
$1.30) per hour, slept on the ground, and were watched over by armed 
guards.
    In Lublin, authorities continued to investigate the case of a 
female trafficking victim who was nearly deported in 2007, despite her 
critical medical condition. The case became public following media 
reports that border guards had detained a Nigerian woman who was a 
suspected trafficking victim. Authorities subsequently granted the 
woman status as a trafficking victim and accepted her into the Interior 
Ministry's witness protection program. According to the reports, the 
woman came to the country to play handball at a sports club but was 
forced to work in sex clubs.
    There were no developments reported in the May 2006 undercover 
investigation with Austrian police that broke up a major trafficking 
ring in Wroclaw. Organized criminal groups had set up a scheme 
involving three police officers and other coconspirators that 
trafficked up to 350 women to Austria across the Czech border for 
prostitution. Seven persons in Wroclaw were arrested.
    There also was no development reported in the prosecution of six 
Poles, on trial in Spain, who were arrested in 2006 for trafficking 30 
laborers to work in orange groves. Polish police in Valencia learned 
about the work camp after several workers escaped and sent electronic 
text messages for help.
    The ministries of interior and justice have primary responsibility 
for antitrafficking efforts; the Ministry of Foreign Affairs 
coordinated trafficking programs with foreign governments and 
international organizations. The National Police have 17 regional teams 
to combat human trafficking and child pornography.
    There continued to be unconfirmed reports that low-ranking local 
police took bribes to ignore trafficking activity.
    Trafficking victims often did not ask officials for help out of 
fear that border guards and police would deport them. There were some 
cases in which unidentified trafficking victims were quickly deported 
by border guards, preventing the Government from providing assistance 
or benefiting from their cooperation as potential witnesses. NGOs 
attributed the deportations to a lack of knowledge or adherence to 
national guidelines for police and border guards on how to approach and 
identify suspected victims. Victims were often prosecuted for carrying 
false travel documents, working illegally, and violating the terms of 
their visas. In some cases, deported victims were met at the border or 
elsewhere in their country of origin by their traffickers, who provided 
them with new travel documents and returned them to the country.
    The Ministry of Interior funded NGOs to conduct regional training 
on identification of trafficking victims and victim assistance in all 
provinces; several hundred law enforcement officials were trained in 
trafficking issues by the NGOs La Strada and the Nobody's Children 
Foundation and by the ministry itself.
    During the year the Government allocated approximately 150,000 
zloty ($50,000) for victim assistance and 200,000 zloty ($67,000) to 
implement the National Antitrafficking Action Plan. The Government also 
worked extensively with antitrafficking NGOs, such as La Strada. While 
the Government provided space and funds for NGOs to operate shelters 
for trafficking victims, the number of shelters remained inadequate, 
and NGOs frequently resorted to temporary arrangements to provide 
medical, psychological, and legal assistance to victims. NGOs conducted 
trafficking training courses at police and border guard academies; 
provided counseling for victims and their families; developed training 
and prevention materials; and conducted public awareness campaigns on 
trafficking dangers.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, or the 
provision of other state services, including health care. The 
Government effectively enforced these provisions; however, there were 
reports of some societal discrimination against persons with 
disabilities.
    According to the Government statistics, in 2007 there were 3.8 
million persons with disabilities in the country. Of those who were 15 
years of age and older, 15.1 percent were employed.
    The law states that buildings should be accessible for persons with 
disabilities, and at least three laws require retrofitting of existing 
buildings to provide accessibility. Public buildings and transportation 
generally were accessible.
    The Ministry of Labor and Social Policy is responsible for 
disability-related matters. During the year the Government 
plenipotentiary for persons with disabilities organized training 
sessions for central and local government officials to encourage them 
to hire persons with disabilities. During the year the state fund for 
rehabilitation of persons with disabilities continued a nationwide 
campaign encouraging companies to employ persons with disabilities. The 
fund granted money to NGOs to organize media campaigns on the rights of 
disabled persons.

    National/Racial/Ethnic Minorities.--There were incidents of 
racially motivated violence and verbal and physical abuse directed at 
Roma and persons of African, Asian, or Arab descent. The Ukrainian and 
Belarusian minorities also continued to experience petty harassment and 
discrimination.
    During the year there were several neo-fascist demonstrations 
organized in towns around the country. For example, on April 13, more 
than 200 nationalists from the National Rebirth of Poland and the 
National-Radical Camp organized a demonstration in Wroclaw to 
commemorate the anniversary of the 1940 Katyn massacre. However, 
authorities dispersed the demonstrators when they began shouting neo-
fascist slogans.
    On May 2, the National-Radical Camp and a neopagan organization, 
Zadruga, disturbed the celebration of the 87th anniversary of the 
Silesian uprising by making fascist gestures, carrying flags with 
swastikas, and distributing anti-Semitic leaflets. Seven persons were 
detained by police.
    On June 21, members of the National-Radical Camp gathered in Krakow 
to celebrate the 72nd anniversary of the largest prewar anti-Semitic 
demonstrations in Poland. They used fascist gestures and later went to 
Myslenice to hold a similar demonstration.
    During the year there were periodic incidents of racist behavior. 
For example, on November 5, a member of parliament, Artur Gorski, who 
belongs to the Law and Justice party, made racist remarks during a 
parliamentary hearing. Gorski's remarks were widely condemned by 
government officials, NGOs, and the media. A Sejm ethics committee 
ordered Gorski to issue an official, on-the-record apology. At year's 
end Gorski had issued only a public apology.
    During the year there also were displays of racist behavior at 
soccer matches. On April 27, in Poznan, hooligans made monkey-like 
noises when a dark-skinned soccer player came onto the field. Similar 
incidents occurred at other soccer matches in May in Katowice, where 
hooligans shouted racist slogans. On April 10, the human rights 
ombudsman sent a letter to the president of the Polish Soccer Union 
expressing concern about racist and anti-Semitic incidents at soccer 
matches. He suggested assessing penalties and tolerance programs to 
educate soccer fans about cultural or racial differences.
    Societal discrimination against Roma continued. In some cases local 
officials discriminated against Roma by not providing adequate social 
services. Romani leaders complained of widespread discrimination in 
employment, housing, banking, the justice system, the media, and 
education.
    In May the International Organization for Migration (IOM) completed 
a project that was part of an EU-wide undertaking to combat 
unemployment and improve the situation of ``disfavored'' groups. Under 
the program, which was partly funded by the Government, the IOM 
established Roma-run enterprises in four cities that had special legal 
status and tax privileges. They included firms offering catering and 
sewing services in Krakow; renovation and construction services in 
Szczecinek; a wood-processing enterprise in Slawno; and a music group 
and an enterprise engaged in construction work in Olsztyn.
    The Roma Association claimed that more than 50 percent of Roma 
children did not attend public school; it noted that the gaps in 
education made it impossible for Roma to end their poverty. 
Approximately 90 percent of Roma were unemployed.
    The Government allocated approximately 10 million zloty ($3.3 
million) annually to a special program for Roma that included 
educational and other projects to improve health and living conditions 
and reducing unemployment. The program also focused on civic education 
and provided grants for university and high school students.

    Other Societal Abuses and Discrimination.--During the year there 
were some reports of skinhead violence and societal discrimination 
against persons based on their sexual orientation.
    On April 25, an estimated 1,000 persons took part in Krakow's 
annual gay March for Tolerance to call for an end to prejudice against 
homosexuals. The event took place without major incident; organizers 
noted that, for the first time, they were not forced to change their 
route and could march through the city's main square. A small counter-
demonstration was organized by the All Youth and National Rebirth of 
Poland activists. Some hooligans threw eggs, stones and bottles at 
march participants; six people were detained by police. In May 2007 the 
UN Committee Against Torture raised concerns over violence and hatred 
against homosexuals in the country.
    On June 7, Warsaw authorities allowed the annual Equality Parade to 
take place in the city center for the third consecutive year. 
Approximately 2,000 local and international gay rights advocates 
participated in the march without serious incident. Some 100 members of 
the All Poland's Youth and National Radical Camp staged a 
counterdemonstration, but there was no direct confrontation between the 
two groups due to police protection.
    There were some reports of discrimination against persons with HIV/
AIDS.
    According to the Government AIDS Center, there were two reported 
incidents of discrimination during the year. One case involved police 
discrimination and the other a healthcare institution which refused to 
treat the persons living in a homeless shelter if they did not provide 
a certificate that they are HIV negative.
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 
guard, have the right to establish and join independent trade unions. 
While many workers exercised this right in practice, many small and 
medium-sized firms discriminated against those who attempted to 
organize labor. As a rule, newly established small and medium-sized 
firms were nonunion, while privatized formerly state-owned enterprises 
frequently continued union activity.
    Under the law, 10 persons are required to form a local union and 30 
persons for a national union. Unions must be registered with the 
courts. A court decision refusing registration may be appealed. 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. According to a survey carried out by 
the Center for Public Opinion Poll CBOS in November 2007, 14 percent of 
the workforce was unionized.
    All workers have the right to strike except those in essential 
services, such as security forces, the Supreme Chamber of Audit, 
police, border guards, and fire brigades. These workers had the right 
to protest and seek resolution of their grievances through mediation 
and the court system. Cumbersome procedures made it difficult to meet 
all of the legal technical requirements for strikes in many cases. 
Labor courts acted slowly in deciding the legality of strikes, while 
sanctions against unions for calling illegal strikes and against 
employers for provoking them were minimal. Unions alleged that laws 
prohibiting retribution against strikers were not enforced consistently 
and that the small fines imposed as punishment were ineffective 
deterrents to employers.

    b. The Right to Organize and Bargain Collectively.--The law allows 
unions to conduct their activities without interference; however, in 
practice the Government failed to protect this right at small and 
medium-sized companies. The law provides for and protects enterprise-
level collective bargaining over wages and working conditions. A 
tripartite commission composed of unions, employers, and government 
representatives was the main forum that determined national wage and 
benefit increases in areas such as the social services sector.
    Key public sector employers (largely in heavy industry and the 
social services sector) could not negotiate with labor without the 
extensive involvement of the ministries to which they were subordinate. 
The law provides for parties to take group disputes to labor courts, 
then to the prosecutor general, and as a last resort, to the 
Administrative Court. By law employers are obligated to notify a 
district inspection office in the region about a group dispute in the 
workplace. During 2007 the State Inspection Office registered 2,869 
disputes, in comparison with 659 disputes registered in 2006.
    The law prohibits antiunion discrimination; however, labor leaders 
reported that employers frequently discriminated against workers who 
attempted to organize or join unions, particularly in the private 
sector. In state-owned enterprises, such as the health, water, and 
forestry sectors, there were cases in which workers had their 
employment contracts terminated and replaced by individual contracts to 
prevent them from joining a union.
    Discrimination typically took the forms of intimidation, 
termination of work contracts without notice, and closing the 
workplace. 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. 
Managers also asked workers in the presence of a notary public to 
declare whether they were union members.
    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 women and children were trafficked for commercial sexual 
exploitation and that men and boys were trafficked for labor in the 
agricultural sector.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, including 
forced or compulsory labor, and the Government generally enforced the 
law in practice; however, there were reports that children were 
trafficked for commercial sexual exploitation and labor.
    The law prohibits the employment of children under age 15. Persons 
between the ages of 15 and 18 may be employed only if they have 
completed primary school, the proposed employment constitutes 
vocational training, and the work is not harmful to their health.
    The State Labor Inspectorate (PIP) reported that increasing numbers 
of minors worked, and that many employers underpaid them or paid them 
late. During the first six months of year, the inspectorate conducted 
325 investigations involving 1,796 underage employees (16-18 years of 
age). Fines were levied in 116 cases, amounting to approximately 
140,000 zloty ($20,000).
    Of the total number of 1,796 underage employees, the majority 
worked in the processing industry, in commerce and repairs, and other 
service industries such as hotels and restaurants, construction, and 
transportation.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of 1,126 zloty (approximately $375) that took effect in January 
did not provide a decent standard of living for a worker and family. 
The large size of the informal economy and the low number of government 
labor inspectors made enforcement of the minimum wage difficult. A 
large percentage of construction workers and seasonal agricultural 
laborers from Ukraine and Belarus earned less than the minimum wage.
    The law provides for a standard work week of 40 hours, with an 
upper limit of 48 hours per week, including overtime. The law requires 
premium pay for overtime hours, but there were reports that this 
regulation was often ignored. The law provided for workers to receive 
at least 11 hours of uninterrupted rest per day and 35 hours of 
uninterrupted rest per week.
    The law defines strict and extensive minimum conditions to protect 
worker health and safety. It empowers PIP to supervise and monitor 
implementation of worker health and safety laws and to close workplaces 
with unsafe conditions. However, the PIP was unable to monitor 
workplace safety sufficiently. In 2007 the Government reported that 
there were 3,153 casualties, including 593 workers killed and 1,085 
person seriously injured, during the first three months of the year. 
Employers routinely exceeded standards for exposure to chemicals, dust, 
and noise.
    The law permits workers to remove themselves from dangerous working 
conditions without losing their jobs; however, they were unable to do 
so in practice without jeopardizing their employment.

                               __________

                                PORTUGAL

    Portugal, including the Azores and Madeira islands, has a 
population of approximately 10.7 million and is a constitutional 
democracy with a president, a prime minister, and a parliament elected 
in multiparty elections. National parliamentary elections in 2005 were 
free and fair. Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Police and prison 
guards occasionally beat or otherwise abused detainees, and prison 
conditions remained poor. Violence against women and children was a 
problem. There was discrimination against women as well as trafficking 
for forced labor and 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 that the Government or its agents committed arbitrary or 
unlawful killings; however, on April 25, an off-duty police officer 
shot and killed a 53-year-old man. The victim allegedly had approached 
the officer and his female companion on a deserted beach in the 
municipality of Leiria at 2:00 a.m. The officer turned himself in, and 
at year's end the case was being investigated by the Judicial Police.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were credible reports of excessive use of force by police and of 
mistreatment and other forms of abuse of detainees by prison guards.
    During the year the Inspectorate General of Internal Administration 
(IGAI) investigated reports of mistreatment and abuse by police and 
prison guards. Complaints included physical abuse, threatening use of 
firearms, excessive use of force, illegal detention, and abuse of 
power. The majority of complaints were against the Public Security 
Police (PSP) and the Republican National Guard (GNR)-118 and 76, 
respectively, in 2005, the most recent year for which statistics were 
available. Each complaint is investigated by the IGAI, and punishments 
for officers found to have committed abuses ranged from temporary 
suspension to prison sentences.
    There were also media reports that members of the security forces 
committed human rights abuses.

    Prison and Detention Center Conditions.--Prison conditions remained 
poor, and there were reports that guards mistreated prisoners. Other 
problems included overcrowding, inadequate facilities, poor health 
conditions, and violence among inmates.
    Most of the guidelines and legislative proposals the Government 
adopted in 2004 to reform the prison system had not been applied in 
practice. However, some improvements were made during the year, 
including a decrease in prison overcrowding and continued personnel 
training.
    According to a 2007 university study, ``Drugs and Portuguese 
Prisons,'' approximately 10 percent of the total prison population was 
infected with HIV/AIDS and approximately 15 percent was infected with 
hepatitis C.
    There was a youth prison in Leiria, but elsewhere in the prison 
system juveniles were sometimes held with adults. Pretrial detainees 
were held with convicted criminals.
    The Government started construction of a new prison in the Azores 
as part of a five-year prison reform plan. The goal of the reform is to 
increase security, improve detainee conditions, rationalize financial 
and human resources, and improve working conditions of prison staff.
    The Government permitted visits by independent human rights 
observers, and prisons were visited during the year by the Council of 
Europe's Committee for the Prevention of Torture, the Human Rights 
Committee of the Portuguese Bar Association, and news media.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--There were 
approximately 50,000 law enforcement officials, including police and 
prison guards. The Ministries of Justice and Internal Administration 
are primarily responsible for internal security. The GNR has 
jurisdiction outside cities, and the PSP has jurisdiction in cities. 
The Judicial Police are responsible for criminal investigations. The 
Aliens and Borders Service has jurisdiction over immigration and border 
issues.
    An independent ombudsman chosen by the parliament and the IGAI 
investigates complaints of abuse or mistreatment by police; however, 
nongovernmental organizations (NGOs) criticized the slow pace of 
investigations and the lack of an independent oversight agency to 
monitor the IGAI and Ministry of Interior. Police corruption was an 
isolated problem.

    Arrest and Detention.--The constitution and law provide detailed 
guidelines covering all aspects of arrest and custody, and the 
authorities generally followed the guidelines. Persons can be arrested 
only based on a judicial warrant, except that law enforcement officials 
and citizens may make warrantless arrests where there is probable cause 
that a crime has been or is being committed or that the person to be 
arrested is an escaped convict or a suspect who escaped from police 
custody.
    Under the law an investigating judge determines whether an arrested 
person should be detained, released on bail, or released outright. A 
suspect may not be held for more than 48 hours without appearing before 
an investigating judge. Changes in the penal code went into effect in 
September 2007, under which investigative detention for most crimes is 
limited to a maximum of four months; if a formal charge is not filed 
within that period, the detainee must be released. In cases of serious 
crimes, such as murder, armed robbery, terrorism, and violent or 
organized crime, or crimes involving more than one suspect, 
investigative detention may last up to 18 months and may be extended by 
a judge to three years in extraordinary circumstances. A suspect in 
investigative detention must be brought to trial within 14 months of 
being charged formally. If a suspect is not in detention, there is no 
specified deadline for going to trial. Detainees have access to lawyers 
from time of arrest, and the Government assumes legal costs for 
indigent detainees.
    Lengthy pretrial detention remained a problem, although the 
authorities made some progress reducing the length of time persons were 
detained before trial. At year's end 1,164 individuals (16 percent of 
the prison population) were in preventive detention, a decrease from 
the previous year. The average detention time was eight months; 
approximately 20 percent of preventive detainees spent more than one 
year in incarceration.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice.
    Critics, including the media, business corporations, and legal 
observers, estimated that the backlog of cases awaiting trial was at 
least a year.

    Trial Procedures.--Jury trials can be requested in criminal cases 
but were rare. Civil cases do not have jury trials. Defendants are 
presumed innocent and have the right to consult with an attorney in a 
timely manner, at government expense if necessary. They have the right 
of appeal. They can confront and question witnesses against them, 
present evidence on their own behalf, and have access to government-
held evidence. These rights were generally respected in practice.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Citizens have access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation. There are administrative as well as judicial remedies 
for alleged wrongs.

    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights. An independent press and judiciary and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press. In September 2007 the parliament enacted a law 
known as the Journalist Statute. According to the European Federation 
of Journalists, the law will require journalists to hand over 
confidential information and disclose sources in criminal cases. Thus 
far, the Journalist Statute has not been invoked.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including e-mail. 
According to the National Statistics Institute, 41.9 percent of the 
population between the ages of 16 and 74 used the Internet; the rate 
increased to 86.9 and 90.5 percent for high school and university 
graduates, respectively.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution and law provide for 
freedom of religion, and the Government generally respected this right.
    The law provides a legislative framework for religious groups 
either established in the country for at least 30 years or recognized 
internationally for at least 60 years. Qualifying religious groups 
receive benefits including full tax-exempt status, legal recognition to 
perform marriages and other rites, permission for chaplain visits to 
prisons and hospitals, and recognition of their traditional holidays.
    The Roman Catholic Church maintains an agreement with the 
Government that recognizes the legal status of the Portuguese Episcopal 
Conference and allows citizens to donate 0.5 percent of their annual 
income taxes to the Roman Catholic Church.

    Societal Abuses and Discrimination.--The Jewish community was 
estimated at 3,000. The youths who were arrested in September 2007 
after allegedly vandalizing tombstones in Lisbon's Jewish cemetery were 
still awaiting trial at year's end.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations in 
providing protection and assistance to refugees, returning refugees, 
asylum seekers, stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum.
    The country's system for granting refugee status was active and 
accessible. In addition to refugees and applicants for political 
asylum, the Government also provides temporary protection to 
individuals who may not qualify as refugees under the 1951 convention 
and its 1967 protocol. In 2007 the country granted humanitarian 
protection to 25 persons and asylum to two persons.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide 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 and Political Participation.--Free and fair national 
parliamentary elections were held in 2005. Political parties could 
operate without restriction or outside interference.
    There were 66 women in the 230-member parliament and two women in 
the 17-seat cabinet. There was one member of a minority group in the 
parliament; there were none in the cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were no reports of corruption 
in the executive or legislative branches of the central government 
during the year; however, there were media reports of corruption 
involving local government officials. The highest profile corruption 
cases involved mayors Fatima Felgueiras, Valentim Loureiro, and 
Isaltino Morais. Felgueiras (Socialist Party), who went abroad from 
2003 to 2005 to escape arrest, was accused of embezzlement and abuse of 
power. On November 7, she was sentenced to a three-year-and-three-month 
suspended prison sentence and lost her mandate as mayor of Felgueiras 
(name of mayor and city are, coincidentally, the same). Loureiro, the 
Social Democratic Party (PSD) mayor of Gondomar and chairman of the 
board of the country's professional soccer league, was accused of 
corruption and influencing soccer referees. On July 18, he was 
sentenced to a suspended prison term of three years and two months. His 
appeal of the decision was pending at year's end. Morais (PSD), mayor 
of Oeiras, was accused of tax evasion, corruption, and money 
laundering, and was awaiting trial at year's end.
    Public officials were subject to financial disclosure laws. The 
Central Directorate for Combating Corruption, Fraud, and Economic and 
Financial Crime is the Government agency responsible for combating 
corruption.
    The constitution and law provide for public access to government 
information, and the Government provided access in practice for 
citizens and noncitizens, including foreign media.
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 country has an independent human rights ombudsman who is 
responsible for defending human rights, freedom, and the legitimate 
rights of all citizens. The ombudsman had adequate resources and 
published mandatory annual reports as well as special reports on such 
issues as women's rights, prisons, health, and the rights of children 
and senior citizens.
    The parliament's First Committee for Constitutional Issues, Rights, 
and Liberties and Privileges exercises oversight over human rights 
issues. It drafts and submits bills and petitions for parliamentary 
approval. During the year new legislation went into effect in such 
areas as protection of data privacy and intellectual property, 
increased protection of trial witnesses, and establishment of the 
Corruption Prevention Council.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, and social status; however, 
discrimination against women persisted.

    Women.--The law makes rape, including spousal rape, illegal, and 
the Government generally enforced these laws. In the first six months 
of the year, 103 cases of rape were reported to the Association for 
Victim Support (APAV); 68 of the cases were linked to domestic 
violence. (APAV is a nonprofit organization that provides confidential 
and free services nationwide to victims of any type of crime.) In 2007, 
212 such cases were reported (160 linked to domestic violence). 
According to the Justice Ministry, of the 80 cases of rape tried in 
court in 2006, 57 defendants were convicted.
    Violence against women, including domestic violence, continued to 
be a problem. Penalties for violence against women range up to 10 
years' imprisonment. Similarly, penalties for sexual harassment in the 
workplace range up to eight years. The government-sponsored Mission 
against Domestic Violence conducted an awareness campaign against 
domestic violence, trained health professionals, proposed legislation 
to improve legal assistance to victims, increased the number of safe 
houses for victims of domestic violence, and signed protocols with 
local authorities to assist victims. The Government encouraged abused 
women to file complaints with the appropriate authorities and offered 
the victim protection against the abuser. In addition, recent 
legislation allows third parties to file domestic violence reports.
    During the first six months of the year, 7,391 cases of violence 
against women were reported to APAV; more than 89 percent of these 
cases involved domestic violence.
    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 effectively discouraged 
many abused women from using the judicial system. According to the head 
of the Mission Against Domestic Violence, approximately 10 percent of 
cases were brought to trial, while the vast majority were resolved 
outside the court system by lawyers who mediated between the parties. 
In 2006, according to the Ministry of Justice, there were 1,033 court 
cases related to domestic violence and 525 convictions.
    The Government's Commission for Equality and Women's Rights 
operated 14 safe houses for victims of domestic violence and maintained 
an around-the-clock telephone service. Safe-house services included 
food, shelter, and health and legal assistance.
    Prostitution was legal and common; there were reports of violence 
against prostitutes. Pimping and running brothels are punishable 
offenses. The penalty for sex with minors between the ages of 14 and 18 
is up to three years' imprisonment.
    Sexual harassment is a crime if perpetrated by a superior in the 
workplace. The penalty is two to three years in prison.
    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. Reporting of sexual 
harassment was on the rise. During 2007 more than 300 cases of sexual 
harassment were reported to the Inspectorate General for Labor; three 
of these resulted in the dismissal of the perpetrator.
    The civil code provides women full legal equality with men; 
however, in practice women experienced economic and other forms of 
discrimination. Of the 376,917 students enrolled in higher education in 
the 2007-08 school year, 53.5 percent were women. According to the 
National Statistics Institute, women made up 47 percent of the working 
population and were increasingly represented in business, science, 
academia, and the professions, but their average salaries were about 23 
percent lower than men's.
    The constitution and law prohibit discrimination by employers 
against pregnant workers and new mothers; nevertheless, it was 
generally regarded as a problem.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    Child abuse was a problem. APAV reported 291 crimes against 
children under the age of 18 during the first six months of the year. 
Approximately 85 percent of the cases involved domestic violence.
    The high-profile trial that began in 2004 of persons accused of 
involvement in a pedophilia operation at the Casa Pia children's home 
in Lisbon was drawing to a close at year's end, with final rulings 
expected early in 2009. The eight accused reportedly abused 46 children 
and faced charges that included procurement, rape, sexual acts with 
adolescents, and sexual abuse of minors.
    There were reports that Romani parents often used minor children 
for street begging.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, from, and within the country.
    The country is primarily a destination and transit country for 
women, men, and children trafficked from Brazil, Eastern Europe, and, 
to a lesser extent, Africa. Some victims were trafficked to the country 
for forced labor. The majority of victims from Brazil were trafficked 
for the purpose of sexual exploitation. These latter victims were 
typically women with a low educational level, between the ages of 18 
and 24; the majority were legal immigrants, with their documents in 
order and valid visas. Traffickers of these women often used the 
country as a springboard to other European Union destinations. Many of 
the trafficked minors were the abovementioned children of Romani 
parents who were used for street begging.
    Many trafficked persons lived in hiding and in poor conditions. 
Some trafficked workers were domiciled within a factory or construction 
site, and some were not paid. Moldovan, Russian, and Ukrainian 
organized crime groups reportedly conducted most of the trafficking of 
East 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 increased its antitrafficking efforts and reported 
that it actively dismantled trafficking networks during the year and 
reduced their overall presence in the country. The Government continued 
to cooperate with other European law enforcement agencies in 
trafficking investigations.
    All forms of trafficking are illegal. The revised penal code in 
effect since September 2007 explicitly criminalizes labor and sex 
trafficking and increases penalties for both types of trafficking 
offenses. The penalty for trafficking is up to 12 years in prison, but 
during the year the majority of traffickers' sentences were suspended.
    The Government provided subsidies for victims to obtain shelter, 
employment, education, access to medical services, and assistance in 
family reunification. The Government also provided legal residency to 
many trafficking victims, although most victims were repatriated. Some 
NGOs assisted the Government in tracking and providing legal, economic, 
and social assistance to trafficking victims. Victims who initially 
were detained were later transferred to NGOs for protection and 
assistance. Trafficking victims had access to government-operated 
national immigrant support centers in Lisbon and Oporto and 78 local 
centers throughout the country where they could obtain multilingual 
information and assistance.
    The Government sponsored antitrafficking information campaigns and 
public service announcements throughout the year. It broadcast various 
programs on state-run channels to educate and inform the general 
public, including potential trafficking victims and consumers. A 
statistics-gathering unit within the Ministry of Interior was 
established in January 2007 to assist the Government's antitrafficking 
efforts by monitoring trafficking more effectively.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, or the provision of other state 
services, and the Government effectively enforced the law. The law also 
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.
    The Ministry of Labor and Social Solidarity oversees the National 
Bureau for the Rehabilitation and Integration of Persons with 
Disabilities, which is responsible for the protection, professional 
training, rehabilitation, and integration of persons with disabilities, 
and for enforcement of related legislation.

    National/Racial/Ethnic Minorities.--On October 3, a Lisbon court 
convicted 31 of 36 defendants of racism and crimes of a racist nature. 
The court sentenced six defendants to prison terms of up to seven 
years; the others received suspended prison sentences, were charged 
fines, or were ordered to provide community service. The defendants had 
been active in the right-wing Hammerskin Nation organization. Charges 
against them included threats, harassment, physical attacks, 
kidnapping, illegal possession of weapons, and incitement to crime 
through the circulation of racist, xenophobic, and anti-Semitic 
messages. This was the first time that the country's courts handed down 
mandatory prison sentences for hate crimes.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law gives workers the right to 
form and join independent unions of their choice without previous 
authorization or excessive requirements, and they exercised this right 
in practice. Approximately 35 percent of the workforce was unionized. 
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 strike, and workers exercised this right in practice. 
If a long strike occurs in an essential sector such as justice, health, 
energy, or transportation, the Government may order strikers back to 
work for a specific period. The Government has rarely invoked this 
power. Police officers and members of the armed forces have unions and 
recourse within the legal system, but they may not strike.

    b. The Right to Organize and Bargain Collectively.--The 
constitution and the labor code recognize and protect the right to 
bargain collectively. The International Trade Union Confederation 
stated in its annual survey of violations of trade union rights that in 
practice collective bargaining and trade union meetings in the public 
sector were ``often hampered'' and that private employers ``often try 
to sabotage collective bargaining.'' There were no reports of antiunion 
discrimination.
    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 women, men, and children were trafficked to the country 
for labor, and women were trafficked for sexual exploitation.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively implemented laws and policies to protect 
children from exploitation in the workplace. The minimum working age is 
16 years. Instances of child labor were 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.
    There were reports that Romani parents often used minor children 
for street begging.
    The Government's principal program to investigate and respond to 
reports of illegal child labor is the Plan for the Elimination of 
Exploitation of Child Labor. The Ministry of Labor and Social 
Solidarity is responsible for enforcing child labor laws, and generally 
did so effectively.

    e. Acceptable Conditions of Work.--The monthly minimum wage, which 
covers full-time workers, rural workers, and domestic employees ages 18 
and older, was 426 euros (almost $600) and did not provide a decent 
standard of living for a worker and family. However, widespread rent 
controls and basic food and utility subsidies raised the standard of 
living. Most workers received higher wages; the Ministry of Labor 
calculated the average monthly salary of workers, excluding public 
servants, to be 1,063.38 euros (almost $1,500).
    The legal workday may not exceed 10 hours, and the maximum workweek 
is 40 hours. There is a maximum of two hours of paid overtime per day 
and 200 hours of overtime per year, with a minimum of 12 hours between 
workdays. The Ministry of Labor and Social Solidarity effectively 
monitored compliance through its regional inspectors.
    Employers are legally 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. According to the Inspectorate 
General for Labor, there were 114 deaths from work-related accidents 
during the year. 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, 
parliamentary system and a population of approximately 21.4 million. 
The bicameral parliament (Parlament) consists of the Senate (Senat) and 
the Chamber of Deputies (Camera Deputatilor); both are elected by 
popular vote. The 2004 election of President Traian Basescu and 
November 2008 parliamentary elections were judged generally free and 
fair. Civilian authorities generally maintained effective control of 
the security forces.
    The Government addressed some human rights problems during the 
year; however, abuses continued to occur. There were reports of police 
and gendarme harassment and mistreatment of detainees and Roma. Prison 
conditions remained poor. The judiciary lacked the public's trust in 
its ability to apply the law impartially. Restrictions on freedom of 
religion continued to be a great concern due to the restrictive, 
discriminatory religion law. Property restitution remained slow, and 
the Government failed to take action to return the Greek Catholic 
churches confiscated by the communist government in 1948. Corruption 
remained a widespread problem, and the country continued to be the 
subject of regular European Commission monitoring for progress in 
judicial reform and combating corruption. There were continued reports 
of violence and discrimination against women as well as significant 
lapses in the protection of children's rights. Persons were trafficked 
for sexual exploitation and also for labor and forced begging. The 
neglect of and inadequate assistance for persons with disabilities was 
a problem. While there were no confirmed reports of societal violence 
against Roma this year, extensive discrimination against Roma continued 
to be a problem. Homosexuals continued to suffer societal 
discrimination. Discrimination against persons with HIV/AIDS, 
particularly children, 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.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    The Association for the Defense of Human Rights in Romania-the 
Helsinki Committee (APADOR-CH) asserted in previous years that the 
police made excessive use of firearms in cases of minor crimes.
    On May 20, according to media reports, a transportation police 
agent shot and killed Vasile Manole, aged 21, who, alongside two other 
individuals, was allegedly stealing rail copper parts in Cernavoda. The 
three men reportedly did not stop when the police agent shot two 
warning shots. The Constanta prosecutor's office investigated the 
police agent for manslaughter.
    There were no reported developments in the case of a 22 year old 
Romani man, Adrian Cobzaru, shot and killed by a police officer in 
Bucharest in 2006 while he was allegedly stealing goods.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
there were numerous NGO reports of police mistreatment and abuse of 
detainees and Roma, primarily through excessive force and beatings by 
police. There were also reports of mistreatment of abandoned children 
with physical disabilities in state institutions and of prolonged 
incarceration for misbehavior within state orphanages.
    In many cases of police violence against Roma, police claimed they 
used force in self defense, responding to alleged hostility by Romani 
communities during police raids in search of criminal offenders. The 
Romani Center for Social Intervention and Surveys (Romani CRISS) and 
other NGOs continued to claim that police used excessive force against 
Roma and subjected them to maltreatment and harassment.
    APADOR-CH reported cases of alleged police abuse. On April 12, 
Petre Cosmin Angelina was taken to the police headquarters in Campulung 
Muscel after he asked two police officers why they wanted to see his 
identification card. The officers allegedly beat him but did not bring 
any charges against him, did not ask him to write a statement, and 
released him one hour later. Angelina filed a complaint against the 
police with the prosecutor's office.
    On the morning of May 23, the special forces of Satu Mare police 
reportedly broke down the door of a Romani person, beat him, and took 
him to the police precinct, where they continued to beat him upon his 
refusal to sign a declaration dictated by the police.
    On July 4, the special forces of Satu Mare police allegedly 
physically abused a Romani couple and their minor daughter, taking them 
to the police precinct and beating them, following the couple's 
conflict with a neighbor.
    On August 30, a traffic police officer stopped Iulian Rafael 
Macoveanu in Bucharest and demanded to see what he had in his plastic 
bag. Macoveanu had 52 pills of methadone and the prescription for the 
drug substitute. The officer called the precinct, and two more police 
officers arrived, allegedly brutalized and handcuffed Macoveanu, and 
took him to police headquarters. The police then allegedly beat him, 
confiscated his pills, fined him for public scandal, and released him 
without returning his pills. Police later denied that they confiscated 
the pills.
    During the year three police agents were under criminal 
investigation for committing bodily harm with intent and serious bodily 
harm while on duty.
    There were no further developments in the cases of criminal 
investigation police and the special intervention squad raids against 
Romani communities in Liesti, Galati County, in April 2007 and in 
Ciurea, Iasi County, in July 2007. The police claimed the raids were to 
arrest several convicted criminals. During the raids, police shot seven 
Roma with rubber bullets in Liesti and three in Ciurea, including two 
minor girls. According to police reports, the Roma's violent reaction 
led police to fire warning shots. The Roma claimed that the police 
opened fire on bystanders in Liesti who went outside to see what was 
happening. The family of one victim from Ciurea filed a criminal 
complaint against two police officers and the chief of the Iasi police 
inspectorate.
    On September 19, APADOR-CH requested the police to expedite the 
investigation in the June 2007 case of three police officers' alleged 
assault of a university lecturer, Serban Marinescu. There were no 
developments in the case at year's end.
    There was no further development in the August 2007 alleged beating 
of two persons by a police officer from Bucharest police precinct 22.
    Criminal complaints alleging police abuse remained pending in the 
2006 cases involving a complaint filed by five Roma in the village of 
Gepiu, Bihor County; the complaint filed by five Roma in the village of 
Bontida, Cluj County; and the case filed by Roma in Pata Rat, Cluj 
County.
    In March the European Court of Human Rights (ECHR) found the 
country responsible for racially motivated inhuman and degrading 
treatment in the case of a Romani juvenile, Constantin Stoica, aged 14 
at the time of the incident, whom police officers beat in the village 
of Gulia, Suceava County, in 2001. The ECHR also decided that the 
incident was not properly investigated and granted compensation of 
15,000 euros (approximately $21,000) to the plaintiff.
    In December the ECHR ruled against the country in the case of Vili 
Rupa. The state was charged with inhuman and degrading treatment, lack 
of effective investigation, and violation of the right to fair trial. 
Rupa was mistreated by the police while being arrested in 1998 and held 
in degrading conditions during his detention in the Hunedoara and Deva 
police stations. According to the ruling, the state should pay damages 
amounting to 30,000 euros ($40,181)for costs and 11,374 euros ($15,234) 
for other expenses.
    ACCEPT, an NGO fostering lesbian, gay, bisexual, and transgender 
(LGBT) rights, complained that police singled out LGBT community 
members for violence and harassment.

    Prison and Detention Center Conditions.--Prison conditions remained 
harsh and generally did not meet international standards. However, 
authorities improved conditions in some prisons.
    At the end of December 26,291 persons, including 434 minors, were 
in prison or juvenile detention facilities in a system with a stated 
capacity of 34,299. Although overcrowding did not represent a serious 
problem in theory, there were prisons where the standard of 43 square 
feet per prisoner, recommended by the Committee for the Prevention of 
Torture, was not observed.
    Sanitation and hygiene in prisons did not meet international 
standards. Medical facilities were not sufficient to care for all 
prisoners and detainees. Heating and hot water were not available in 
several facilities and lighting was poor. In many penitentiaries 
prisoners complained about the insufficient availability of medications 
and medical treatment.
    In June APADOR-CH representatives visited Jilava Penitentiary in 
Bucharest and reported that, despite some measures to improve detention 
conditions, the basement of the oldest building of the penitentiary was 
flooded and swarming with rats and cockroaches. Prisoners also 
complained about the existence of lice because of old, decomposing 
mattresses.
    APADOR CH reported that prison meals did not provide the minimum 
necessary calories, water at some prisons was unsuitable for drinking, 
and access to health care was limited by a lack of doctors. According 
to an order issued by the National Authority of Penitentiaries, 
effective July 2007, prison doctors were authorized to treat only 
prisoners and not the prison staff and their families. APADOR-CH, 
ACCEPT, and the Center for Legal Resources (CRJ) also stated that daily 
activities, work opportunities, and educational programs continued to 
be insufficient. The Government continued some efforts, including 
partnerships with NGOs, to alleviate harsh conditions and deter the 
spread of HIV and tuberculosis.
    Media and human rights organizations reported that the abuse of 
prisoners by authorities and other prisoners continued to be a problem. 
According to media reports, prisoners frequently assaulted and abused 
their fellow inmates, and prison authorities tried to cover up such 
incidents. During the year media reported such cases in the 
penitentiaries in Vaslui, Galati, and Poarta Alba.
    A June 24 visit by APADOR-CH and CRJ representatives to the Aiud 
penitentiary revealed low food quality, poor hygiene in detention 
areas, inadequate medical assistance, and inmates who were not aware of 
the educational programs available to them in prison. An unannounced 
visit by the Justice Minister to this penitentiary in March 2007 
indicated similar shortcomings and resulted in the dismissal of the 
prison director.
    There were no developments in the July 2007 death of a prisoner in 
the Rahova prison hospital in which APADOR-CH asserted that medical 
negligence may have played a role.
    APADOR CH continued to call for the establishment of a joint 
medical commission of the ministries of justice and health to 
investigate the causes of deaths in prisons. The practice of 
designating some prisoners as ``cell representatives,'' which granted 
them privileges beyond those available to the general prison 
population, was repeatedly criticized by domestic and foreign 
organizations.
    According to APADOR CH, the practice of labeling certain prisoners 
as ``dangerous'' remained a problem in the absence of clear standards 
for such classification. Prisoners labeled ``dangerous'' were subjected 
to a variety of restrictions beyond those experienced by the general 
prison population and had no right to appeal that determination. NGOs 
also criticized the practice of subjecting prisoners to multiple 
punishments for a single act of misbehavior.
    APADOR CH also criticized the conditions in police detention 
facilities, noting poor sanitation conditions, lack of natural light, 
and the absence of activities for those detained.
    Many police detention facilities and some prisons did not provide 
for the confidentiality of discussions between prisoners or detainees 
and their lawyers in person or via telephone.
    Unlike in previous years, there were no reports of juveniles being 
kept in cells with adults or pretrial detainees held with convicted 
prisoners during the year.
    The Government permitted prison visits by human rights observers, 
foreign government officials, and media representatives, and such 
visits took place during the year.
    Regulations for religious assistance in prisons allow unrestricted 
access of all religious groups to prisoners. Orthodox priests no longer 
attended meetings between representatives of other faiths and 
prisoners.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
respected these prohibitions.

    Role of the Police and Security Apparatus.--The Ministry of the 
Interior and Administrative Reform is responsible for the national 
police, the gendarmerie, and the border police; the Office for 
Immigration; the General Directorate of Information and Internal 
Protection, which oversees the collection of intelligence on organized 
crime and corruption; the General Anticorruption Directorate; and the 
Special Protection and Intervention Group. The national police agency 
is the Inspectorate General of Police, which is divided into 
specialized directorates and has 42 regional directorates for counties 
and the city of Bucharest. The internal intelligence service also 
collects information on major organized crime, major economic crimes, 
and corruption.
    While police generally followed the law and internal procedures, 
police corruption remained a significant reason for citizens' lack of 
respect for the police and a corresponding disregard of police 
authority. Low salaries, which were sometimes not paid on time, 
contributed to the susceptibility of individual law enforcement 
officials to bribes. Instances of high-level corruption were referred 
to the National Anticorruption Directorate, which continued to 
publicize its anticorruption telephone hotline to generate 
prosecutorial leads for corruption within the police. Eight thousand 
posters were displayed throughout the country to publicize the hotline.
    Police impunity remained a problem. Complaints of police misconduct 
were handled by the internal disciplinary council of the units where 
the reported officers worked. During the year, there were 54 cases of 
criminal prosecution of police officers, of which 44 were for bribery 
and influence peddling, and 10 for abuse of office.
    Police reform continued during the year. The Government, with 
support from foreign law enforcement agencies, offered police training 
workshops on topics such as human rights and the treatment of criminal 
suspects. The police increased hiring of women and minorities. 
According to police statistics, there were 5,255 female police 
officers, representing 10.4 percent of the total force as of January. 
There were 176 Romani officers. A program to improve relations and 
promote cooperation between police and ethnic minorities was 
implemented during the year. Police also used Romani mediators to 
facilitate communication between Roma and the authorities and assist in 
crisis situations.

    Arrest and Detention.--The law provides that only judges may issue 
detention and search warrants, and the Government generally respected 
this provision in practice. The law requires authorities to inform 
detainees at the time of arrest 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. Detainees must 
be brought before a court within 24 hours of arrest. The law provides 
for pretrial release at the discretion of the court. A bail system also 
exists; however, it was seldom used in practice. Detainees have a right 
to counsel and generally had prompt access to counsel and to their 
families. Indigent detainees were provided legal counsel at public 
expense.
    The law allows police to take any person who endangers the public, 
other persons, or the social order to a police station. There were 
allegations that police often used this provision to detain persons for 
up to 24 hours. APADOR-CH repeatedly criticized this provision, stating 
that it leaves room for abuse. Human rights NGOs complained that 
authorities were frequently able to listen to discussions between 
detainees and their attorneys in police detention facilities.
    A judge may order pretrial detention for periods of up to 30 days, 
depending upon the status of the case. The court may extend these time 
periods; however, pretrial detention may not exceed 180 days. Courts 
and prosecutors may be held liable for unjustifiable, illegal, or 
abusive measures.

    Amnesty.--In February President Basescu issued pardons for five 
persons for medical reasons and because of their age. On July 3, the 
president signed a decree pardoning a woman for humanitarian reasons.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice. However, the judiciary lacked the public's 
trust that judges were accountable and did not serve political or 
financial interests. There was a widespread public perception that the 
judiciary was corrupt, slow, and often unfair.
    The law establishes a four-tier legal system composed of lower 
courts (judecatorie), intermediate courts (tribunals), appellate 
courts, and the High Court of Cassation and Justice. There is a 
separate Constitutional Court composed of nine members who are limited 
to a single nine-year term. The president, the Senate, and the Chamber 
of Deputies appoint three members each. The Constitutional Court 
validates electoral results and makes decisions regarding the 
constitutionality of laws, treaties, ordinances, and internal rules of 
the parliament. A prosecutor's office is associated with each court. 
The court having original jurisdiction over a case is determined by the 
nature of the offense and by the position a defendant may hold in 
public service. According to a European Commission report released in 
July, ``judicial reform is moving ahead but progress is uneven.'' The 
Commission also criticized ``inconsistencies in jurisprudence by higher 
courts.''
    NGOs and public officials frequently criticized the judicial system 
during the year. One cause was the failure of the judiciary's oversight 
body, the Superior Council of Magistrates (CSM), to create procedures 
for addressing potential conflicts of interest among its members. The 
CSM's practice of delegating magistrates to nonjudicial positions 
within the judiciary and appointing them to various government agencies 
also contributed to depleting the already understaffed courts and 
prosecutors' offices. The general prosecutor criticized the High Court 
of Cassation and Justice for frequently returning case files to 
prosecutors for additional investigation rather than ruling on the case 
as presented. Such requests contributed to frequent delays in court 
procedures, increasing the chances of political interference. Observers 
also expressed concern over a lack of judicial impartiality, since some 
members of parliament continued to practice as defense attorneys, both 
personally and through their law firm associates.
    The ECHR ruled against the country for denial of a fair trial in a 
large number of cases, the most recent ruling being issued on December 
16 in the case of Vili Rupa.

    Trial Procedures.--Trials are open to the public. The law does not 
provide for trial by jury. The law provides for the right to counsel 
and a presumption of innocence until a final judgment by a court. The 
law requires that the Government provide an attorney to juveniles in 
criminal cases; in practice local bar associations provided attorneys 
to indigents and were compensated by the Ministry of Justice. 
Defendants have the right to be present at trial, to consult with an 
attorney in a timely manner, to confront or question witnesses against 
them, to have a court-appointed interpreter, and to present witnesses 
and evidence on their behalf. Defendants and their attorneys have 
access to government-held evidence relevant to their cases. Both 
plaintiffs and defendants have a right of appeal.
    The law provides for the investigation by civilian prosecutors of 
crimes by the national police and prison employees. Military 
prosecutors continued to try cases that involved ``state security'' in 
military courts. Other cases involving ``state security'' but not 
military issues were tried by civilian prosecutors. Crimes by the 
gendarmerie continued to fall under military jurisdiction. In previous 
years, local and international human rights groups criticized the 
handling of cases by military courts, claiming that military 
prosecutors' investigations were unnecessarily lengthy, biased, and 
often inconclusive. Some lawyers claimed that these investigations only 
served to discredit the reputations of their clients rather than hold 
them accountable for any actual wrongdoing.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Civil courts functioned in 
every jurisdiction. Civil courts do not use a jury and function in a 
similar fashion as the criminal courts. Crime victims can assert civil 
remedies in either civil courts or criminal courts if they choose. This 
can result in a combined civil/criminal trial to resolve all issues 
arising from the criminal case. The Ministry of Justice administers 
civil courts and the CSM oversees the magistrates. Civil courts 
operated with the same degree of judicial independence as criminal 
courts.
    Litigants sometimes encountered difficulties enforcing civil 
verdicts because the procedures for enforcement of judgment orders were 
impractical and caused delays.
    Administrative and judicial remedies were available for violations 
of civil rights by government agencies.

    Property Restitution.--The law allows for property restitution and 
establishes fines for officials who hinder the process. The law 
provides for a property fund of approximately 14 billion lei 
(approximately $4.2 billion) to compensate owners of properties that 
cannot be returned. However, the fund was not yet listed on the stock 
exchange. In June 2007 the Government adopted an ordinance providing 
for cash payments in lieu of restitution of up to about 500,000 lei 
($177,000), paid over a two-year period. Claims in excess of this 
amount are to be paid with shares in the property fund. The restitution 
process continued to be very slow during the year, and the large 
majority of restitution cases remained unresolved.
    Former owners' organizations continued to assert that inertia 
hindered property restitution at the local level. In some cases local 
government officials continued to delay or refuse to provide necessary 
documents to former owners filing claims. They also refused to return 
properties in which county or municipal governments had an interest.
    The ECHR ruled in favor of the former owners in a large number of 
restitution cases, which represent the majority of complaints to the 
ECHR from the country. The number of such cases theoretically decreased 
during the year because the state entered amicable agreements in 60 
cases which the former owners would otherwise have won. In September 
the ECHR ruled in favor of a former owner, Gheorghe State Viasu, who, 
after lawsuits that lasted for years and resulted in two final court 
rulings, died without either receiving back his property or getting any 
compensation. The ECHR condemned the state both for violation of the 
right to property and for the inadequate legal framework to restore 
nationalized or confiscated properties. At year's end more than 100 
restitution cases against the state were pending with the ECHR.
    Of the 201,750 claims filed for restitution of buildings, 110,481 
were resolved, 39,871 of which were rejected; 7,172 cases qualified for 
combined measures (i.e., restitution in kind plus compensation in stock 
from the property fund or in other assets or services); 47,076 cases 
qualified for restitution in equivalent; and 16,362 claims were 
resolved by return of the properties in kind.
    There were numerous disputes over churches that the Orthodox Church 
did not return to the Greek Catholic Church despite court orders to do 
so.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution prohibits such actions, and the 
Government generally respected these prohibitions in practice. 
Nevertheless, there was a widespread perception that illegal 
surveillance still exists.
    The law permits the use of electronic interception both in criminal 
cases and for national security purposes. A judge has to issue a 
warrant upon request from the prosecutor investigating the case. In 
exceptional circumstances, when delays in getting the warrant from the 
judge would seriously affect the criminal investigation, prosecutors 
may begin interception without a judicial warrant. Following this, 
however, a request for authorization must be submitted within 48 hours. 
Some human rights NGOs have noted that under the national security law 
a prosecutor may authorize the issuance of a warrant for an initial 
period of six months, which can be extended indefinitely in three-month 
increments without judicial approval. There were reports of electronic 
interception used outside of these legal parameters.
    On October 16, the Constitutional Court ruled that the laws on 
national security and protection of classified information are in line 
with the constitution. The lawsuit between businessman Dinu Patriciu 
and the Romanian Intelligence Service (SRI) resumed at the Bucharest 
Court of Appeal. In May 2007 the Bucharest Tribunal ordered the SRI to 
pay 50,000 lei (approximately $17,700) in compensation to Patriciu for 
illegally tapping his telephones. Both the SRI and Patriciu appealed 
the ruling.
    According to Romani CRISS and media reports, evictions of members 
of the Romani community continued to occur in Bucharest, Craiova, Targu 
Mures, Cluj, and other localities during the year.
    Criminal complaints filed by Romani CRISS and Romani families whose 
homes in Bucharest suburb Chitila were demolished in 2006 remained 
pending; the homes had been illegally erected on public land.
    The 250 Roma evicted from their homes in Piatra Neamt in 2006 
remained unable to return. They were evicted following a decision by 
the town's mayor to repair the block of apartments they were living in. 
There was no new information on the case at year's end.
    There was no further development in the case of the vice mayor of 
Miercurea Ciuc, who in 2004 evicted and relocated approximately 140 
Roma to a hazardous area near a wastewater treatment facility. The Roma 
lacked alternative housing and continued to reside in that area.
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. Journalists and private citizens could criticize 
government authorities, including those at senior levels. There were 
isolated cases of authorities intimidating or censoring the press or 
attacking journalists.
    Laws restricting freedom of speech continued to cause concern among 
the media and NGOs. The law provides criminal penalties for ``insult 
and defamation.'' Insulting state insignia (the coat of arms, national 
flag, or national anthem) is also an offense punishable by 
imprisonment; however, there were no reports of prosecutions or 
convictions under these provisions during the year.
    The independent media was active and expressed a wide variety of 
views without restriction. However, politicians and others with close 
ties to various politicians and political groups either owned or 
indirectly controlled numerous media outlets in the provinces, and the 
news and editorial tone of these outlets frequently reflected the views 
of the owners. The tendency towards the concentration of national news 
outlets in the hands of a few wealthy individuals continued with the 
purchase of some outlets and the creation of others.
    During the year there were a number of instances of members of the 
public insulting, hitting, or harassing journalists; public authorities 
and politicians were responsible for some cases of harassment.
    A report on alleged interventions by National Liberal Party (PNL) 
senator Norica Nicolai with the National Penitentiary Administration to 
secure a job for her niece was barred from broadcast by state 
television TVR on January 9, even though editors invoked the public 
interest. As a result, journalist and editor Radu Gafta resigned and 
accused TVR leadership of censoring several investigations. Gafta had 
previously supported the 2007 broadcast of a surveillance tape of an 
apparent bribe exchanged between two former government ministers. After 
the tape was broadcast on prime-time news, Gafta was moved to a lower-
rated news program.
    On February 20, the Timis County Court sentenced and fined 
Timisoara mayor Gheorghe Ciuhandu for inappropriately lifting the 
accreditation of Malin Bot, then a reporter for the daily Evenimentul 
Zilei, and for ordering police to prevent his entry into the city hall.
    On March 12, according to media reports, Mihai Braha, a reporter 
for the weekly Ziarul Tau in Vrancea, was physically assaulted by a 
subject of one of his articles. Braha had written that the individual 
illegally obtained a house from Marasesti city authorities.
    On April 11, bodyguards of Greater Romania Party (PRM) leader Vadim 
Tudor reportedly confiscated a camera from a newspaper photographer and 
returned it later with all the photos deleted. The photographer had 
taken photographs of Tudor and two other politicians leaving a 
restaurant. One reporter stated that Tudor verbally abused the media 
representatives and, after one of them tried to call police knocked the 
cellular phone out of his hand.
    At the end of April Liviu Dragnea, a Social Democratic Party (PSD) 
member and then-president of the Teleorman County Council, asked the 
civil court in Alexandria to prohibit distribution of the daily Gazeta 
de Sud Est until the end of the local electoral campaign. Dragnea 
claimed that the daily published false statements about him. The court 
rejected the request.
    In May PSD senator Adrian Paunescu publicly insulted journalist 
Cristian Patrasconiu, a reporter of Cotidianul, before and after he 
published a laudatory letter Paunescu had written to dictator Nicolae 
Ceausescu. Local media reported that Paunescu used terms including 
``stupid,'' ``pig,'' ``miserable,'' and ``beast.''
    On May 30, Robert Mihailescu, the head of the Internal News 
Department of the government-owned Rompres news agency (now called 
Agerpres), was suspended for the public accusations of censorship he 
issued against Rompres management. Mihailescu and reporter Ovidiu 
Barbulescu had left the news agency, saying that news items about 
certain political candidates in the local electoral campaigns were 
suppressed. Mihailescu sued Rompres management.
    In June investigative journalist Mihai Munteanu of the daily 
Evenimentul Zilei received death threats from unknown individuals after 
disclosures about weapons transactions and alleged Russian penetration 
of the country's defense industry.
    In June the Constanta Court ruled in favor of the PSD mayor Radu 
Mazare in his civil suit against journalist Feri Predescu, who accused 
him of links with local criminals. Predescu, who was then the local 
correspondent for TVR and Evenimentul Zilei, was ordered to provide 
financial compensation to Mazare and to publish a public letter of 
apology in a national or local newspaper. In late November the court of 
appeal in Constanta upheld the decision. The Active-Watch Media 
Monitoring Agency condemned the court's decision. The general secretary 
of Reporters Without Borders, together with local journalists and 
activists, signed a letter of support for Predescu.
    On November 12, three unknown persons assaulted Ioan Romeo 
Rosiianu, editor in chief of the weekly Necenzurat and a producer of 
Axa TV Transilvania, and Claudiu Florescu, a producer from the same 
station, in Baia Mare. The attackers reportedly told them to stop their 
media reports or be killed. Rosiianu, who previously reported on the 
local mayor's links to controversial businessmen, as well as the way 
local authorities covered up alleged financial illegalities, also 
received numerous threatening phone calls. Representatives of the 
police and prosecutor's office reportedly pressured the station to fire 
him, which it did.
    Laszlo Kallai, a reporter for the daily newspaper Ziua who had 
investigated money laundering and real estate operations involving 
Vasile Muresan, the head of the local intelligence and internal 
protection department of the Interior Ministry in Baia Mare, claimed he 
and his family were threatened by Muresan. Kallai quit his position 
with the newspaper following these threats.
    The law prohibits denial of the Holocaust in public. In February 
the Prosecutor's Office of Bucharest Sector 3 decided not to prosecute 
a professor who consistently denied in the media and in his books that 
the Holocaust had occurred in the country. The Federation of Jewish 
Communities and a Jewish NGO had filed a criminal complaint against him 
in January 2007.
    The religion law includes a provision that forbids acts of 
``religious defamation'' and ``public offense to religious symbols.'' 
NGOs and the National Antidiscrimination Council (CNCD) expressed 
concern that the law could infringe on freedom of speech and 
conscience.

    Internet Freedom.--There were no reported government restrictions 
on access to the Internet. The Internet was widely available in the 
country, and costs decreased due to competition. Internet cafes were 
widely available nationwide.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events. In October PSD 
deputy Mihai Tudose asked the mayor of Braila to dismiss the director 
of a local theater, allegedly because she allowed the staging of a 
critically acclaimed play which contained harsh language and scantily 
clad actors.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, and the Government 
generally respected this right in practice. The law provides that 
unarmed citizens can 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. Organizers of public assemblies must request permits 
three days in advance, in writing, from the mayor's office of the 
locality where the gathering would occur.

    Freedom of Association.--The constitution provides for freedom of 
association, and the Government generally respected this right in 
practice. The law prohibits fascist, communist, racist, or xenophobic 
ideologies, organizations, and symbols (such as statues of war 
criminals on public land). Political parties are required to have at 
least 25,000 members to have legal status, a number some NGOs 
criticized as excessively high.

    c. Freedom of Religion.--The constitution and the law provide 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 Orthodox clergy impeded their proselytizing and 
interfered with other religious activities.
    Under the religion law, the Government implemented a discriminatory 
three tiered system of recognition: ``grupuri religioase'' (religious 
groups that are not legal entities), religious associations, and 
religions. Grupuri religioase are groups of individuals who share the 
same faith but do not receive any support from the state or tax 
exemptions. Religious associations are legal entities that do not 
receive government funding, have to be registered as such in a 
religious association registry, and are exempted from taxes only for 
places of worship. Religious associations must have 300 members from 
the country and are required to submit members' personal data to 
register, in contrast to nonreligious associations that can register 
with only three members. To receive religion status, a religious 
association must demonstrate 12 years of continuous religious activity 
and meet a membership threshold of 0.1 percent of the total population 
(approximately 22,000 members).
    The law does not prohibit or punish assembly for peaceful religious 
activities; however, several minority religious groups continued to 
complain that local authorities and Orthodox priests prevented 
religious activities from taking place on various occasions, even when 
their organizers had been issued permits.
    Some minority religious groups continued to allege that local 
authorities in some cases delayed or opposed granting construction 
permits for unjustified reasons. A Greek Catholic community in 
Pesteana, established in 2005, continued to face discrimination and 
harassment. Tensions continued during the year due to the Orthodox 
Church's refusal to comply with a 2006 court ruling allowing Greek 
Catholics access to the local cemetery. After year long opposition, 
local authorities issued a construction permit for a Greek Catholic 
church, and the cornerstone for the new church was blessed in October 
2007.
    Several minority religious groups reported difficulties in 
obtaining approval to use public halls for religious activities 
following pressure by Orthodox priests, especially in rural areas or 
small localities. The press and minority religious groups continued to 
report instances of Orthodox clergy harassing members of other faiths. 
Several religious groups made credible complaints that local police and 
administrative authorities in some instances seemed to tacitly support 
societal campaigns against proselytizing. Members of various minority 
religions continued to report that their charitable programs in 
children's homes and shelters were perceived as proselytizing directed 
at adherents of the Orthodox Church; however, no conflicts were 
reported.
    In May the Greek Catholic Church in Certeze, Satu Mare County, 
received land for the construction of a church that local authorities, 
under the pressure of Orthodox priests, had refused to return for many 
years. Cases of refusal to return land occurred in Feleacu and Morlaca, 
Cluj County.
    A Roman Catholic Csango community, an ethnic group that speaks a 
Hungarian dialect, continued to complain that they were unable to hold 
religious services in their mother tongue because of the opposition of 
the Roman Catholic Bishopric of Iasi. Although the religion law 
entitles religious denominations to bury their believers in other 
denominations' cemeteries if they lack their own cemetery and communal 
(public) cemetery, in numerous communities Orthodox priests reportedly 
continued to deny permission to the Greek Catholic Church, the Baptist 
Church, and the Baha'i Faith to bury their members in either religious 
or communal cemeteries.
    Several religious groups reported that the access of religious 
groups to detention facilities continued to improve. Regulations for 
religious activity in prisons provide for unrestricted access of 
recognized religions and religious associations to any place of 
detention, even if their assistance is not specifically requested.
    Only the 18 recognized religious groups have the right to teach 
religion in public schools. However, a number of recognized minority 
religious groups complained that they were unable to have classes on 
their faith offered in public schools. Attendance in religion classes 
is optional; however, the Baptist Church and Jehovah's Witnesses 
reported cases of children who were pressured to attend Orthodox 
religion classes.
    A 2006 CNCD decision to ask the Ministry of Education to remove 
religious symbols from school classrooms except where religious classes 
were taught was not enforced because of several ongoing lawsuits. The 
Ministry of Education, the Orthodox Church, and several NGOs challenged 
the CNCD decision. On June 11, the High Court of Cassation ruled in 
favor of their challenge.
    The restitution law permits religious denominations to reclaim 
previously nationalized properties that housed schools, hospitals, or 
cultural institutions; however, implementation of the law was slow 
during the year. Of the 14,716 claims for restitution of religious 
property since its establishment in 2003, the National Authority for 
Property Restitution (ANRP) returned 1,313 properties by the end of the 
year, and another 295 cases were approved to receive compensation. 
Approximately 350 claims were rejected.
    Property restitution was particularly important for the Greek 
Catholic Church, whose properties, including churches, were confiscated 
during the communist regime. The Greek Catholic churches were given to 
the Orthodox Church after their forced merger in 1948, and many other 
Greek Catholic Church properties were taken over by the Government. 
Since 2003 the Government returned 120 out of 6,723 total properties 
claimed by the Greek Catholic Church.
    The Orthodox Church continued to resist the return of churches it 
acquired from the Greek Catholic Church. While the law permits the 
Greek Catholic Church to take court action whenever its dialogue with 
the Orthodox Church over church restitution fails, lawsuits were 
lengthy because of delayed hearings and repeated appeals; however, the 
number of court rulings in favor of the Greek Catholic Church increased 
during the year.
    By year's end the Orthodox Church had returned fewer than 200 of 
approximately 2,600 churches and monasteries claimed by the Greek 
Catholic Church. The Orthodox metropolitan of Banat and bishops of 
Caransebes and Oradea maintained positive relations with the Greek 
Catholic Church on restitution issues; however, most other Orthodox 
Church representatives refused to return properties, even when ordered 
to do so by a court, generating tension in many localities. In Valanii 
de Beius, Bihor County, the Orthodox Church refused for over a year to 
comply with a final court ruling restituting a Greek Catholic church; 
eventually, the Orthodox Church handed the church over on April 2. In 
Simand, Arad County, where the local Orthodox priest had refused to 
comply with a 2007 court ruling, at the end of June, after lengthy 
negotiations, the Greek Catholics received their church. Because of the 
failure to get back its churches, the Greek Catholic Church continues 
in some localities to hold religious services in the open, for example, 
in Sisesti, Maramures County, where a lawsuit over the former Greek 
Catholic church has been going on for 16 years.
    The Orthodox Church continued to demolish Greek Catholic churches 
under various pretexts and also used other methods to shield churches 
from restitution. On May 8, in Ungheni, Mures County, the Orthodox 
Church began to demolish an 18th-century Greek Catholic church after 
constructing a new Orthodox structure around the old church. The 
Orthodox Church ignored a court injunction obtained by Greek Catholic 
Church to stop the demolition.
    Similar demolition cases occurred in Badon, Salaj County in April 
2007 and in Taga, Cluj County in 2006.
    The historical Hungarian churches, including the Hungarian Roman 
Catholic and the Hungarian Protestant Reformed, Evangelical, and 
Unitarian Churches, received a small number of their confiscated 
properties from the Government. Through the end of the year, Hungarian 
churches received 806 of the approximately 2,700 properties they 
claimed under the law on return of religious property.
    According to Roman Catholic authorities and media reports, the 
issue of the 19-story building to be constructed within the protection 
zone around the Roman Catholic Saint Joseph Cathedral in Bucharest, a 
designated historical monument, remained unresolved. The church argued 
that construction of the building might damage the foundations of the 
cathedral. In July 2007 a court in Dolj County issued a ruling 
suspending construction. It was later upheld on appeal. On July 7, the 
Constitutional Court rejected the developer's claim that a provision of 
the law protecting historical monuments was unconstitutional. The 
construction remained halted at year's end.

    Societal Abuses and Discrimination.--According to the 2002 census, 
the Jewish population numbered 5,785. Acts of anti Semitism, including 
vandalism against Jewish sites, continued during the year. In most 
cases the Federation of Jewish Communities notified authorities, but 
perpetrators were often not identified. The NGO Center for Monitoring 
Anti Semitism in Romania (MCA Romania) noted that authorities tended to 
play down such incidents, usually attributing the acts to children, 
drunkards, or persons with mental disorders.
    On October 22, vandals desecrated 131 gravestones at a Jewish 
cemetery in Bucharest. A spokesman for the local Jewish community 
considered this to be an act of vandalism unparalleled in recent times. 
The prime minister and Ministry of Justice, in separate public 
statements, condemned all acts of this kind, including acts of anti-
Semitism and racism. The police identified four school children, aged 
between 13 and 15 years, who admitted to having vandalized the 
cemetery.
    During the year the extremist press continued to publish anti 
Semitic articles. The Legionnaires (also known as the Iron Guard, an 
extreme nationalist, anti Semitic, pro Nazi group that existed in the 
country in the interwar period) continued to republish inflammatory 
books from the interwar period. Authorities occasionally investigated 
and prosecuted offenders, but all court cases resulted in acquittals.
    The law prohibits denial of the Holocaust in public. In February 
the Prosecutor's Office of Bucharest Sector 3 decided not to prosecute 
a professor who consistently denied in the media and in his books that 
the Holocaust occurred in the country. The Federation of Jewish 
Communities and a Jewish NGO had filed a criminal complaint against him 
in January 2007.
    During the year anti Semitic views and attitudes were expressed on 
the talk shows of private television stations, which failed to respond 
to complaints filed by Jewish organizations regarding such views. 
Extremists continued to publicly deny that the Holocaust occurred in 
the country or that the country's leader during World War II, Marshal 
Ion Antonescu, participated in Holocaust atrocities in territory 
administered by the country.
    On May 6, the High Court of Cassation and Justice overturned a 2006 
ruling by the Bucharest Appellate Court that partially exonerated 
Marshal Antonescu and some others convicted for war crimes. Antonescu 
was responsible for widespread atrocities against the country's Jewish 
community and Roma during World War II.
    The Government continued to make progress in its effort to expand 
education on the history of the Holocaust in the country and included 
the Holocaust in history courses covering World War II in the seventh 
through 12th grades.
    On various occasions throughout the year, high-level officials 
continued to make public statements against extremism, anti Semitism, 
and xenophobia and criticized Holocaust denial. In January government 
officials and members of parliament attended and addressed the 
commemoration of the 1941 pogrom in Bucharest. In September the 
Government sponsored a regional conference in Bucharest on combating 
anti-Semitism. The country commemorated National Holocaust Day in 
October with events in several cities that were attended by key 
dignitaries.
    The law to combat anti Semitism and prohibit fascist, racist, and 
xenophobic organizations includes the persecution of Roma in addition 
to Jews in its definition of the Holocaust, since approximately 14,000 
Roma were killed in the country during that period.
    On October 29, the Bucharest city council approved the construction 
plan for a Holocaust Memorial to be erected in downtown Bucharest. 
Construction had not begun at year's end.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel and repatriation, and the 
Government generally respected these rights in practice. The Government 
cooperated with the Office of the UN High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in providing protection 
and assistance to refugees, asylum seekers, stateless persons, and 
other persons in need of international protection.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The law on asylum, which is based on European Union (EU) 
legislation, prohibits the expulsion, extradition, or forced return of 
any asylum seeker at the country's border or from within the country's 
territory but extends the application of the exclusion clauses to 
``aliens and stateless persons who planned, facilitated or participated 
in terrorist activities as defined by international instruments to 
which the country is a party.
    The law provides for the concept of safe countries of origin, and 
aliens coming from such countries have their asylum applications 
processed in accelerated procedure. Safe countries of origin are 
considered EU member states as well as other countries that fulfill 
certain conditions.
    During the year the Government opened an emergency transit center 
in the city of Timisoara. This is the second facility of its type in 
the world for the interim receipt of refugees pending processing and 
final transit to a receiving country. According to the UNHCR, 
conditions are acceptable. During the year, the center housed refugees 
from Sudan, Eritrea and Iraq, as well as a few dozen other asylum 
seekers whose refugee status determination was pending.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened; however, the UNHCR considered the time 
limits provided by the law for submitting appeal applications and court 
procedures to be too short. The UNHCR stated that government-sponsored 
programs for integrating refugees continued to improve, although more 
needed to be done in terms of identifying training opportunities for 
refugees, improving Romanian language courses, and ameliorating 
availability of information both for beneficiaries of the integration 
program and for public servants who administer it.
    According to the Immigration Office, during the year there were no 
cases of temporary protection to individuals who may not qualify as 
refugees under the 1951 convention or the 1967 protocol. However, the 
Government granted refugee status to 99 persons, subsidiary protection 
to 30 persons, and ``tolerated persons'' status to 139 persons.

    Stateless Persons.--Citizenship is derived at birth by those who 
have at least one Romanian parent. The law provides for birth 
registration as a basic right; however, some children were not 
registered at birth and were rendered de facto stateless by their lack 
of and inability to obtain identity documents. According to the 
country's Immigration Office, there were 268 stateless persons of 
foreign and national origin in 2008. However, the country has a 
substantial Romani population, and according to a survey released by 
the Government in August, 1.5 percent of Roma lacked birth 
certificates, while other surveys indicate between 1.9 and 6 percent of 
Roma lacked identity cards. While some of these stateless persons were 
born in the country, limited information was available on the nature of 
this problem.
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.

    Elections and Political Participation.--The country held national 
elections for parliament in November. Despite some irregularities, 
including some allegations of vote buying, the elections were generally 
judged free and fair. The left-of-center Social Democratic Party (PSD), 
in alliance with the Conservative Party (PC), won 33 percent of the 
popular vote, and 114 seats in the 334-seat Chamber of Deputies and 49 
seats in the 137-seat Senate. The right-of-center Liberal Democratic 
Party (PD-L) won 32 percent of the popular vote, and 115 seats in the 
Chamber of Deputies and 51 seats in the Senate. Following the 
elections, these two parties formed a coalition government. Meanwhile, 
the center-right National Liberal Party (PNL) with 19 percent of the 
vote, and 28 Senate and 65 Chamber of Deputy seats, sat in the 
opposition along with the Democratic Union of Hungarians in Romania 
(UDMR), which won 6 percent of the vote, and nine Senate and 22 Chamber 
seats. No other parties won more than 5 percent of the vote as required 
by law to enter parliament.
    Media and government officials criticized the uninominal voting 
system, which assigns parliamentary seats to party members based on a 
complex formula, for being too complex for many voters to understand 
and for awarding seats to party members who finished second or third in 
their district.
    The law requires political parties to register with the Bucharest 
Tribunal and to submit their statutes, program, and a roster of at 
least 25,000 signatures. These 25,000 ``founding members'' must be from 
at least 18 counties, including Bucharest, with a minimum of 700 
persons from each county. The party statutes and program must not 
include ideas that incite war, discrimination, hatred of a national, 
racist, or religious nature, or territorial separatism.
    Organizations of ethnic minorities can also field candidates in 
elections if they meet requirements similar to those for political 
parties. The law defines ``national minorities'' as only those ethnic 
groups represented in the Council of National Minorities. The law 
requires that the organizations that are not represented in the 
parliament meet requirements that are more stringent than those of 
minority groups already represented in parliament. Such organizations 
must provide the Central Electoral Bureau a list of members equal to at 
least 15 percent of the total number of persons belonging to that 
ethnic group according to the most recent census. If 15 percent 
represents more than 20,000 persons, then at least 20,000 names from at 
least 15 counties plus the city of Bucharest, with no fewer than 300 
persons from each county, must be submitted. Human rights NGOs 
criticized these requirements as discriminatory and aimed at 
eliminating competition to the mainstream organizations representing 
Hungarians and Roma, namely the Democratic Alliance of Hungarians in 
Romania (UDMR) and the Roma Party Pro Europe.
    While the law does not restrict women's participation in government 
or politics, societal attitudes presented a significant barrier. There 
were 38 women in the 334-seat Chamber of Deputies and eight women in 
the 137-seat Senate. At year's end, only two prefects (governors) of 
the 42 counties were women.
    According to the constitution, each recognized ethnic minority is 
entitled to have one representative in the Chamber of Deputies if the 
minority's organization cannot obtain the 5 percent of the votes needed 
to elect deputies outright, but only if the organization in question 
gets 10 percent of the average number of votes nationwide necessary for 
a deputy to be elected. Organizations representing 18 minority groups 
received deputies under this provision. There were 49 members of 
minorities in the 471 seat parliament, nine in the upper house and 40 
in the lower house.
    Ethnic Hungarians, represented by the UDMR, were the only ethnic 
minority to gain parliamentary representation by passing the 5 percent 
threshold. Only one Romani organization, the Roma Party Pro Europe, was 
represented in parliament. Low Romani voter turnout due to lack of 
awareness, means, or identity cards further exacerbated the situation.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, but the Government did not implement 
the law effectively. The country is subject to a special European 
Commission mechanism for regular monitoring for progress in justice 
sector reform.
    The authorities' generally ineffective response to corruption 
remained a focus of public criticism, political debate, and media 
scrutiny throughout the year. NGOs and the media continued to note that 
no major case of high-level corruption had yet resulted in judgments 
involving prison sentences. While there were some convictions of lower-
level officials for corruption, the European Commission, in its July 
interim progress report, criticized court sentences as ``lenient and 
inconsistent'' and parliament for lacking an ``unequivocal commitment 
to rooting out high level corruption.'' Moreover, there were efforts to 
weaken the criminal procedure code, such as through parliamentary 
provisions requiring authorities to notify suspects that they are being 
wiretapped.
    The National Anticorruption Directorate (DNA) was responsible for 
investigating and prosecuting high-level corruption, including cases 
involving members of parliament and government officials. Many 
anticorruption advocates criticized the Justice Minister's decision not 
to renew the mandate of the DNA head, whose anticorruption efforts were 
strongly praised by European Commission officials and media. He 
continued in his position on an interim basis at year's end.
    The DNA continued its coordination with antifraud units set up 
within various ministries. The Interior Ministry's Anticorruption 
General Directorate, which investigates alleged corruption within the 
ministry, maintained an anticorruption telephone hotline to receive 
tips regarding corrupt officers from the general public. The Antifraud 
Department attached to the prime minister's office continued to 
investigate cases involving the misuse of EU funds. The Ministry of 
Defense also maintained its own antifraud section. According to the 
European Commission, the system to allow individuals to report 
suspected cases of corruption was neither accessible nor comprehensive, 
and implementation of rules to protect the confidentiality of whistle 
blowers was deficient.
    There was little progress made in 10 cases involving former 
government ministers, due to the decision of the former parliament to 
block the investigation and to the dismissal of cases by the High Court 
of Cassation and Justice. The High Court's dismissal was based on the 
need to return the files of ministers to parliament for clearance (in 
three cases). By year's end, two of the 10 cases had been sent to 
court, three were with DNA, one had been rejected by parliament, and 
three were still pending in parliament.
    In July 2007 the Constitutional Court declared that an ordinance 
permitting the DNA to initiate criminal investigations against former 
ministers without presidential or parliamentary authorization was 
unconstitutional. Such authorization was previously required only prior 
to investigations against current government members. This procedural 
ruling resulted from an appeal in a case against former prime minister 
Adrian Nastase, who challenged the constitutionality of the ordinance 
that made it possible for former ministers to be investigated without 
following the procedure mandatory for incumbent ministers.
    In March the Constitutional Court resolved the dispute between the 
General Prosecutor's Office and parliament over what specific 
authorizations were required for criminal investigations against former 
and current ministers. The court ruled that parliament must approve 
investigations against ministers who are sitting members of parliament, 
while the president would have to approve investigations of ministers 
who are not serving in parliament. In October the Constitutional Court 
lowered the number of votes needed from members of parliament to 
authorize criminal investigations against cabinet ministers.
    The law empowers the National Integrity Agency (ANI) to audit 
officials' declarations of assets, incompatibilities, and conflicts of 
interest. The law stipulates that the ANI can identify ``unjustified'' 
wealth, meaning that proof of illegal activity is required before an 
investigation may be initiated. The Government amended the ANI law by 
emergency ordinance the same month it was created, lowering the 
standard of investigation to proof of unjustified wealth, defined as a 
change in assets that cannot be justified based on an official's 
legitimate sources of income. The ANI is authorized to examine annual 
asset declarations, but not bank accounts or other assets of 
individuals without their permission. Anonymous tips of an official's 
unjustified accumulation of assets cannot be used as grounds to 
initiate investigations, absent a decision by the head of the agency to 
initiate an ex-officio investigation. Some critics have noted that this 
discretionary authority should be vested in more than a single 
individual.
    There were reports of political interference in the ANI's 
activities. An ANI inspector disclosed that a member of the National 
Integrity Council, which oversees the ANI, pressured ANI officials to 
stop an investigation against one of her clients. The ANI president 
demanded that the individual in question have her mandate revoked. 
Overall, the independence of the ANI is limited due to its inability to 
hire and fire staff.
    In December, following the elections, all but two government 
ministries were renamed. Critics claimed that this measure was 
undertaken to erode the civil service protection of many mid-level 
positions within the renamed ministries, thus opening those offices to 
political influence.
    The law provides for public access to government information 
related to official decision making; however, human rights NGOs and the 
media reported that the law was poorly and unevenly applied. Procedures 
for releasing information were arduous and varied greatly by public 
institution. On numerous occasions, NGOs and journalists took cases to 
court to obtain information.
    Although the Government ordered the intelligence services to 
release the files of the communist era Securitate intelligence service, 
the powers of the National College for the Study of Securitate Archives 
(CNSAS) were curtailed following a January 31 Constitutional Court 
ruling that the CNSAS law was unconstitutional. A government ordinance 
and a later law allowed the CNSAS to continue operation, but it was no 
longer entitled to issue verdicts that identify individuals as 
Securitate collaborators.
    There were reports that local authorities occasionally impeded 
journalists, NGOs, and the general public from accessing public 
information that could have proved detrimental to select political 
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 generally cooperative and responsive to their views. However, 
there were some problems. After two NGOs, the Center for Legal 
Resources and Terra Millenium III Foundation, won a joint lawsuit 
against Bucharest City Hall over the legality of a city construction 
project, the city requested a court to dissolve the NGOs. A law adopted 
in December forbids NGOs to have names that could falsely associate 
them with authorities or public institutions of national or local 
interest. Some NGOs, such as the Romanian Academic Society (SAR), 
thought that the law was aimed at harassing NGOs unpopular with 
government officials.
    The ombudsman's office to protect citizens' constitutional rights 
had limited power and no authority in cases requiring judicial action. 
The office handled 6,090 complaints during the first nine months of the 
year.
    The National Council for Combating Discrimination (CNCD) is an 
independent governmental agency that is under parliamentary control. 
During the year the CNCD received 837 public complaints of 
discrimination, of which 462 were resolved. Of these cases, 116 
involved alleged discrimination on the basis of nationality and 
ethnicity and 15 involved discrimination on religious grounds. The CNCD 
received 62 complaints regarding discrimination against Roma in the 
areas of the right to personal dignity (30 complaints), access to 
public services (13 complaints), access to education (4 complaints), 
equal access to employment (6 complaints), and access to public places 
(6 complaints). The antidiscrimination law provides fines for 
discriminatory attitudes ranging from 400 to 4,000 lei ($156-1,560) for 
discrimination against individuals and approximately 600 to 8,000 lei 
($140-1,400) for discrimination against groups of persons or 
communities.
    Both chambers of parliament have a human rights committee; since 
these committees were comprised of political party representatives, 
their recommendations often reflected parties' views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law forbids discrimination based on race, gender, disability, 
ethnicity, language, or social status, among other categories. However, 
the Government did not enforce these provisions effectively in some 
circumstances, and women, Roma, and other minorities were often subject 
to discrimination and violence.

    Women.--Rape, including spousal rape, is illegal. The prosecution 
of rape cases was difficult because it required a medical certificate 
and a witness, and a rapist could avoid punishment if the victim 
withdrew the complaint. The successful prosecution of spousal rape 
cases was more difficult because the law requires the victim to 
personally file a criminal complaint against the abusive spouse and 
does not permit other parties, such as relatives or support 
organizations, to file a complaint on the victim's behalf. The law 
provides for three to 10 years' imprisonment for rape; the sentence 
increases to five to 18 years if there are aggravated circumstances. 
There were 36 rapes reported during the first half of the year. NGOs 
provided counseling and shelters for rape victims.
    Violence against women, including spousal abuse, continued to be a 
serious problem, and the Government did not effectively address it. The 
law prohibits domestic violence and allows police intervention in such 
cases; however, the law on domestic violence was difficult to apply 
because it contradicts the criminal procedures code and does not 
include provisions for the issuance of restraining orders. NGOs 
reported that domestic violence was common. According to the National 
Agency for Family Protection (ANPF), there were 8,484 reported domestic 
violence cases involving women and minor girls during the first nine 
months of the year. During the first two quarters of the year, there 
were 177 cases of death as a result of domestic violence. According to 
a nationwide survey, conducted by the Center for Urban and Rural 
Sociology (CURS) in March and April, 21.5 percent of the women reported 
being subjected to domestic violence at least once in their life, and 
11.1 percent during the past year. The criminal code imposes aggravated 
sanctions for violent offenses committed against family members.
    The courts prosecuted very few cases of domestic abuse. Many cases 
were resolved before or during trial when victims dropped their charges 
or reconciled with the accused abuser. In cases with strong evidence of 
physical abuse, the court can prohibit the abusive spouse from 
returning home. The law also permits police to fine the abusive spouse 
for disturbing public order.
    A total of 56 shelters provide free accommodation and food for a 
period between seven days and three months, and 40 centers provide 
legal and psychological counseling. There are also six counseling 
centers for aggressors. However, the centers were insufficient and 
unevenly distributed, and some parts of the country lacked any kind of 
assistance. During the year the National Domestic Violence Coalition, 
composed of more than 30 NGOs, continued to work with the ANPF to 
organize a number of domestic violence awareness campaigns.
    The ANPF worked with the Romanian Orthodox Church to develop 
services for victims of domestic violence. The Romanian Orthodox Church 
was involved in a national campaign to stop violence against women, 
including domestic violence, and together with the Ministry of 
Education, developed a training program for priests in rural areas to 
support and combat domestic violence against women. The local budgets 
of the counties allocated approximately 650,000 lei ($200,000) for 
counseling and support to domestic abuse victims.
    Prostitution is illegal but was prevalent. Police generally limited 
their intervention to fining prostitutes for loitering or disturbing 
the peace. According to local media, there were anecdotal reports that 
sex tourism existed in Bucharest and other major cities. The law does 
not provide punishment for clients of prostitutes, unless the 
prostitute was a minor and the client admitted knowing that fact before 
the act.
    The law prohibits any act of gender discrimination, including 
sexual harassment; however, the population's awareness of the problem 
continued to be low. No effective programs existed to educate the 
public about sexual harassment.
    The law grants women and men equal rights, including under family 
law, property law, and in the judicial system. In practice, the 
Government did not enforce these provisions, nor did authorities focus 
attention or resources on women's issues. Women had a higher rate of 
unemployment than men and occupied few influential positions in the 
private sector. According to a September 2007 Partnership for Equality 
Center survey, differences between the salaries of women and men 
continued to exist in all sectors of the economy. As a rule, women had 
lower levels of education and worked in lower paid jobs.
    Romani women often lack the training, marketable skills, or 
relevant work experience to participate in the formal economy. 
According to a 2006 Open Society Institute (OSI) report, only 26 
percent of Romani women interviewed were part of the workforce. The 
average monthly income of women surveyed by OSI was 106 lei ($37).
    The ANPF is responsible for advancing women's concerns and family 
policies. During the year the ANPF spent 178,000 lei (approximately 
$530,000) to support domestic violence prevention services in 
partnership with civil society and to develop services for the social 
reintegration of family violence victims and of perpetrators.
    The law on equal opportunities for men and women provides 
protection to public as well as private sector employees and gives a 
female employee returning from maternity leave the right to return to 
her previous or similar position.

    Children.--The Government publicly committed itself to children's 
rights and welfare, but competing priorities, bureaucratic 
inefficiency, and poorly allocated resources prevented this commitment 
from being fulfilled in practice.
    Birth registration was not universal, and some children were denied 
public services as a result. The most common reason that some children 
were not registered at birth was that parents did not declare the 
child's birth to authorities. This was sometimes because parents lacked 
identity documents or residence papers or because the birth took place 
abroad in countries where parents were illegally present. Most such 
children have access to schools, and authorities assisted in obtaining 
birth documents for unregistered children. However, the access of such 
children depended on the decision of school authorities. Undocumented 
children also faced difficulties in getting access to health care. 
There were also reports of mistreatment of physically disabled 
abandoned children in state institutions and of prolonged incarceration 
for misbehavior within state orphanages.
    Public education was free and compulsory through the 10th grade or 
age 16. After the 10th grade, schools charged fees for books, which 
discouraged lower-income children, particularly Roma, from attending. 
The UN Children's Fund reported that approximately 90 percent of 
primary school age children attended school. Conditions within the 
schools were often not conducive to learning.
    Child abuse and neglect continued to be serious problems, and 
public awareness of them remained poor. The media reported several 
severe cases of abuse or neglect in family homes, foster care, and 
child welfare institutions. According to the National Authority for the 
Protection of Children's Rights (ANPDC), during the first six months of 
the year child welfare services identified 5,815 cases of child abuse, 
neglect, and exploitation resulting in their separating 938 children 
from abusive families and providing services to 4,240 children and 
their families. However, community-based social services remained 
unevenly distributed, raising serious concern that children and 
families lack access to basic social services.
    Trafficking in girls for the purpose of sexual exploitation was a 
problem. There also were isolated cases of children who prostituted 
themselves for survival without third-party involvement.
    In an April 2007 report, the Center for Legal Resources documented 
violations of basic human rights in institutions for children and youth 
with mental disabilities, including the lack of adequate services, 
limitations of individual freedom, and placement of children under two 
years of age without mental disabilities in such institutions.
    While the law protects children from abuse and neglect, the 
Government has not established a mechanism to identify and treat abused 
and neglected children and their families. The abandonment of children 
in maternity hospitals remained a problem, with 715 left in hospitals 
by their parents in the first half of the year according to official 
statistics. NGOs claimed the official statistics did not accurately 
account for many abandoned children; many children living in state 
institutions were never officially recognized as abandoned.
    The legal age of marriage is 18, but girls as young as 15 may marry 
in certain circumstances. Illegal child marriage was common within 
certain social groups, particularly the Roma. There is no estimate 
regarding the extent of the practice, and information about individual 
cases surfaces only from time to time in the media.
    According to ANPDC, at the end of June there were 1,058 homeless 
children nationwide. NGOs working with homeless children believed there 
were two or three times that number. NGOs noted that the number 
decreased only because the children have grown up, but that the 
individuals remained on the streets.

    Trafficking in Persons.--The law prohibits all forms of 
trafficking; however, trafficking in persons continued to be a serious 
problem. The law defines trafficking as the use of coercion, including 
fraud or misrepresentation, to recruit, transport, harbor, or receive 
persons for exploitation, including slavery, forced labor, 
prostitution, being a subject in pornography, organ theft, or other 
conditions that violate human rights. For minors under the age of 18, 
it is not necessary to prove coercion.
    The country was a point of both origin and transit for trafficking 
in persons. While the majority of trafficking cases involved 
international trafficking between the country and Western Europe, 
particularly Italy and Spain, cases of domestic trafficking were also 
reported. Victims, primarily women and children, were trafficked for 
sexual exploitation, labor, and forced begging. In the first 11 months 
of the year, the Government identified 1,211 victims of trafficking, a 
smaller number than in the same period of 2007 (1,723), of whom 595 
were female and 179 were minors. For all of 2007, the Government 
reported 1,780 victims of trafficking. Women between the ages of 18 and 
25 were most likely to become victims of trafficking for sexual 
purposes. Children were more likely to become victims of trafficking if 
they came from orphanages or single-parent homes or lived in a 
dysfunctional family environment (e.g., families with financial 
difficulties, abuse, or alcoholism). During the year, there was an 
increase in the number of victims trafficked for labor and a decrease 
in those trafficked for sexual exploitation. For the first time, the 
number of male victims was higher than that of female victims. Sixty-
one percent of the victims came from rural areas and were trafficked 
mainly for forced labor or begging.
    Government officials reported that small groups of citizens were 
the most common operators of trafficking rings; several domestic 
prostitution rings were also known to be active in trafficking victims 
into, through, and from the country. In recent years the number of 
women and minors involved in trafficking as recruiters has increased; 
however, the overall number of trafficking victims dropped from 2006 to 
2007, a trend that continued during the year, according to the National 
Agency against Trafficking in Human Beings (ANITP).
    Most victims were trafficked through or out of the country under 
seemingly legal means. Traffickers used employment agencies and travel 
companies as fronts for their activities. It was not difficult for 
traffickers to obtain legal work papers for the victims they intended 
to traffic. Most women trafficked for sexual exploitation were 
recruited either by persons they knew or by responding to newspaper 
advertisements.
    During the year, there was one case of a male police officer from 
Timisoara who was involved in the sexual exploitation of trafficking 
victims and was arrested on charges of human trafficking and complicity 
to in promoting prostitution.
    Following the country's entry into the EU in January 2007, the vast 
majority of trafficking victims left the country through legal means, 
thereby eliminating the need for traffickers to rely on bribing 
officials to get trafficked persons out of the country.
    The sentencing guideline for convicted traffickers is three to 12 
years. The law provides for five to 15 years' imprisonment for 
trafficking in minors, for multiple victims, if a victim suffers 
serious bodily harm or health problems, or if the trafficking is done 
by a public servant during his or her official duties. A sentence of 15 
to 25 years is mandated for trafficking that leads to the death or 
suicide of the victim. These penalties are increased by two to three 
years if the trafficker belongs to an organized crime group and by five 
years if coercion is applied against minors.
    ANITP, which has 15 regional centers, is responsible for collecting 
all information related to trafficking in persons and coordinating 
government efforts to combat trafficking and treat trafficking victims. 
Regional centers coordinated victim/witness cooperation with law 
enforcement and helped victims access social services. Foreign donors 
supported training programs on victim/witness coordination offered 
during the year. Such programs helped victims better negotiate the 
cumbersome judicial system and led to more frequent convictions of 
traffickers. However, victims continued to face discrimination from the 
society at large, especially in small villages, due to cultural biases 
against women who are victims of trafficking.
    ANITP further developed its national trafficking database to 
expedite identification of victims and improve victim assistance by 
implementing new statistics-gathering procedures.
    The law requires the Government to protect trafficking victims, but 
implementation of the law remained weak and uneven. Reports of law 
enforcement officials losing contact with identified victims were 
common. Some identified victims reportedly chose not to press charges 
to avoid cumbersome judicial procedures. Although the Government 
trained border police to encourage victims to identify themselves, few 
victims were willing to do so.
    A technical secretariat, established by ANDPC in 2005 and charged 
with implementing a national action plan to fight child trafficking and 
exploitation, carried out activities related to repatriation, 
protection, and social reintegration of unaccompanied children in 
difficulty in other countries, regardless of whether such children were 
victims or offenders. During the reporting period, the country's 
diplomatic missions reported that 385 unaccompanied children were 
identified in 22 European countries and the United States, a slight 
increase over 2007, when 373 such children had been identified. Most of 
these children were found in Italy and Spain. According to the ANPDC, 
by the end of the reporting period, 125 of these children had been 
repatriated. Most of the other children are receiving child welfare 
services in the countries where they were found.
    During the year the Government worked with domestic and 
international NGOs to build public awareness of trafficking risks and 
to improve the services offered to victims, developing seven national 
awareness campaigns. In addition, the regional centers sponsored five 
local campaigns in cooperation with local authorities and NGOs. Public 
officials made public statements during the year about the trafficking 
problem. During the year, the regional centers trained 1,156 rural 
policemen with regard to human trafficking problems.
    ANITP continued to implement programs that started in 2007 and 
initiated new programs. In December ANITP began a project, financed by 
the EU and supported by several European NGOs, to support the 
institutional capacity to prevent human trafficking. The project 
involves research, a campaign against sexual exploitation of women, and 
training of rural police and other local actors in order to strengthen 
a national referral mechanism. In 2007 the ANDPC, the National Antidrug 
Agency, and territorial general directorates for social assistance and 
children's protection implemented a program in several cities to 
monitor child labor. The project established a system of services for 
the protection, rehabilitation, and social reintegration of child 
victims of domestic and international trafficking.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against all persons in employment, education, access to health care, or 
the provision of other services. However, the Government did not fully 
implement the law, and discrimination against persons with disabilities 
remained a problem during the year.
    The law mandates accessibility for persons with disabilities to 
buildings and public transportation. In practice the country had few 
facilities specifically designed for persons with disabilities; 
however, their number increased during the year.
    According to reports by human rights NGOs, the placement, living 
conditions, and treatment of patients in many psychiatric wards and 
hospitals did not meet international human rights standards and were 
below professional norms. Most psychiatric hospitals had poor hygiene, 
insufficient heating, and insufficient food rations. Some hospitals 
lacked running water, were heavily overcrowded, lacked a sufficient 
number of beds, and had no mechanism for complaints of abuse. Patients 
were in many cases secluded in rooms with metal bars on the windows 
based on arbitrary decisions of the staff. Conditions in psychiatric 
wards did not improve during the year.
    While the Government adopted an action plan regarding persons with 
mental disabilities in 2005, NGOs asserted that it failed to improve 
conditions in psychiatric institutions and had not implemented most 
aspects of the plan. The provision of community based mental health 
care services remained inadequate.
    The NGO Center for Legal Resources (CRJ) criticized the Government 
for its treatment of children with mental and physical disabilities. 
Children reportedly were being detained in adult facilities, some 
children were kept in permanent restraints, and abuse and neglect were 
commonplace throughout the country's mental institutions and health-
care facilities.
    The CRJ also continued to report that minors with mental 
disabilities were routinely mistreated in government-run care 
institutions. These children were subjected to both verbal and physical 
abuse, including being tied to their beds, beaten, and threatened that 
they would be sent to psychiatric hospitals. In February the CRJ urged 
the Government to take urgent measures to ensure the observance of the 
basic rights of children with mental disabilities in such institutions, 
reiterating criticism of the use of physical restraint for such 
children.
    Some minors were sent to psychiatric hospitals without the consent 
of their legal guardians. According to human rights NGOs, there was no 
system to ensure that the rights of children with mental disabilities 
were observed in government-run care institutions.

    National/Racial/Ethnic Minorities.--Discrimination against Roma 
continued to be a major concern. Romani groups complained that police 
brutality, including beatings and harassment, was routine.
    On August 12, the mayor's office in Craiova evicted over 80 Roma 
who were living in illegally built dwellings on land belonging to a 
military installation.
    On September 2, the mayor of sector 2 of Bucharest evicted 21 Roma 
(nine adults and 12 children) from a building they had illegally 
occupied.
    In December 2007 police evicted Roma from an illegally built tent 
camp close to the belt road of Bucharest. NGOs reported that Roma were 
denied access to, or refused service in, many public places. Roma faced 
persistent poverty with poor access to government services, few 
employment opportunities, high rates of school attrition, inadequate 
health care, and pervasive discrimination.
    There was no further progress in the investigation of the August 
2007 violent conflict between ethnic Hungarians and Roma in Apata 
village, Brasov County, where a group of ethnic Hungarians attacked a 
Romani neighborhood after having encountered Roma stealing crops from a 
farm.
    A 2004 European Commission report estimated that the Romani 
population numbered between 1.8 and 2.5 million persons, although the 
most recent official census in 2002 reported the significantly lower 
number of 535,000, or 3 percent of the national population. In August 
the Government released a survey estimating that the Romani population 
represents 5.7 percent of the total population of the country. 
According to NGOs, prior government figures were low because many Roma 
either did not reveal their ethnicity or lacked any form of 
identification.
    According to the February 2007 Roma Inclusion Barometer, 23 percent 
of Roma were illiterate and 95 percent did not complete high school. 
NGOs and the media reported that discrimination by teachers and other 
students against Romani students served as an additional disincentive 
for Romani children to complete their studies. There were reports of 
Romani children being placed in the back of classrooms, of teachers 
ignoring Romani students, and of unimpeded bullying of Romani students 
by other schoolchildren. In some communities, authorities placed Romani 
students in separate classrooms from other students or in separate 
schools.
    In reaction to a complaint filed by Romani CRISS in 2007, the CNCD 
confirmed that discrimination did occur in Josika Miklos School in 
Atid, Harghita County, where Romani students were separated from other 
students in the 2nd grade. The CNCD recommended that the school 
authorities desegregate the classes.
    In July 2007 the Ministry of Education issued an order forbidding 
the school segregation of Romani students and mandating the 
desegregation of the first and fifth grades as students enter those 
grades. A Romani CRISS project monitored the implementation of the 
order in 134 schools from nine counties (Alba, Botosani, Brasov, Dolj, 
Galati, Hunedoara, Iasi, Neamt, and Salaj) and Bucharest in the school 
year 2007-2008, assessing the extent of all forms of segregation of 
Romani students in the monitored schools. In 77 schools (63 percent), 
the first and fifth grades were not desegregated, although the order 
stipulates desegregation. The survey also identified 43 segregated 
schools and 45 other schools with segregated classes.
    According to a 2007 OSI report, ethnic Roma were five times as 
likely as members of the majority population to live below the poverty 
line. OSI also estimated that approximately 60 percent of Roma lived 
segregated from the majority population in communities with substandard 
housing and without basic governmental services such as schools, 
adequate health care, running water, electricity, and waste disposal.
    Romani communities were largely excluded from the administrative 
and legal system. According to OSI research conducted in 2007, 4.9 
percent of Roma lacked a birth certificate. Among non Roma citizens, 
less than 1 percent lacked a birth certificate. Similarly, surveys in 
2007 and 2008 indicated that between 1.9 and 6 percent of Roma lacked 
identity cards, compared to 1.5 percent of non Roma. The lack of 
identity documents excluded Roma from participating in elections, 
receiving social benefits, accessing health insurance, securing 
property documents, and participating in the labor market. Roma were 
also disproportionately unemployed or underemployed.
    Stereotypes and use of discriminatory language against Roma were 
widespread; journalists and even high ranking officials frequently made 
discriminatory statements. In May 2007 President Basescu used an 
extremely derogatory term to describe a Romani television reporter. The 
CNCD decided the statement was discriminatory and admonished the 
president, who challenged the CNCD decision in court. In May the 
Supreme Court of Cassation and Justice ruled that although the 
statement was discriminatory, the president could not be sanctioned 
because the phrase was used in private circumstances.
    The Government and Romani NGOs continued to implement a national 
program in several counties, such as Bihor and Braila, to identify Roma 
without birth certificates or identification documents and help them 
obtain such documents. In February Romani CRISS and police began 
implementing the program in Bucharest.
    In June 2007 the Government established a commission of Romani and 
non-Romani experts in Romani history and tasked it with studying the 
historical period of Romani slavery. The commission wrote a draft 
report which was not made public, and it did not continue activity 
during the year because of lack of funding.
    The Government considered ethnic Hungarians to be the largest 
ethnic minority, comprising 1.4 million persons according to the 2002 
census. In the Moldavia region, where the Roman Catholic Csango 
minority resided, the community continued to operate government funded 
Hungarian language school groups; 955 students in 14 localities 
received Hungarian language classes during the 2008-2009 academic year. 
However, intimidation attempts continued. Two Roman Catholic priests 
from the village of Cleja (Bacau County) threatened to bar 
schoolchildren who take Hungarian language classes from attending the 
confirmation mass. In May the Association of Magyar Csangos from 
Moldavia filed a complaint with the CNCD against the priests, accusing 
them of discrimination. The complaint was pending at year's end.
    A June 2007 study by the Institute of Public Policies and Romani 
CRISS pointed to the danger of online discrimination and hate speech, 
directed mainly against Roma and homosexuals, on the discussion forums 
of four national dailies. This situation continued on discussion forums 
of online dailies during the year.
    In August 2007 the Government established an institute to research 
the history, culture, and religion of, and policies regarding, national 
minorities.

    Other Societal Abuses and Discrimination.--NGOs reported that 
police abuse and societal discrimination against homosexuals was common 
and that open hostility prevented the reporting of some harassment and 
discrimination. Members of the gay and lesbian community continued to 
voice concerns about discrimination in public education and the health 
care system.
    On May 24, approximately 200 persons participated in the annual 
``march of diversity'' gay pride parade in Bucharest. Local authorities 
mobilized hundreds of police to protect the participants, and for the 
first time the parade ended without violent incidents. However, the 
``New Right,'' a neofascist group militating against homosexuality and 
claiming Christian orientation, sponsored an antigay rally on the same 
day at a different time and location and chanted virulent antigay 
slogans. The Conservative Party also spoke against the gay parade and 
sponsored a rally on May 25 in support of the traditional values.
    There was no progress in investigating the violent incidents that 
took place at gay parades in previous years.
    A number of young men in police detention whom other inmates 
perceived as being homosexual complained of harassment and violence by 
other inmates while authorities failed to protect them effectively.
    In July 2007, for the first time, a Bucharest court ruled in favor 
of a person who accused a company of discrimination in access to 
services on grounds of sexual orientation. A complaint with the CNCD 
regarding the case remained pending at year's end.
    Authorities rarely enforced laws prohibiting discrimination against 
persons with HIV. Discrimination against persons with HIV/AIDS impeded 
access to routine medical and dental care. Breaches of confidentiality 
involving individuals' HIV status were common and rarely punished.
    A 2006 Human Rights Watch (HRW) report noted widespread 
discrimination faced by children with HIV/AIDS and authorities' failure 
to protect them from discrimination, abuse, and neglect. According to 
the report, fewer than 60 percent of children and youths with HIV/AIDS 
attended school. Doctors often refused to treat children and youths 
with HIV/AIDS. Medical personnel, school officials, and government 
employees did not maintain confidentiality of information about the 
children, which caused the children and families to be denied services 
such as schooling. In some situations children and their parents were 
threatened by parents of other children to keep them out of school. 
There were also reports that children without any mental disability 
were placed in centers for children with mental disabilities because 
they were HIV positive.
    Over half of HIV infected adolescents were sexually active; they 
frequently experienced reduced access to facilities for reproductive 
health care and the prevention of HIV and sexually transmitted 
infections. The 2006 HRW report found that although the country 
provides universal access to antiretroviral therapy, stigma and 
discrimination against persons with HIV/AIDS frequently impeded their 
access to education, medical care, government services, and employment. 
The Government lacked a strategy to manage the transition of HIV 
positive children living in institutions or foster care after they 
turned 18. Fewer than 60 percent of HIV positive children and 
adolescents attended some form of schooling.
    During the year the Government cooperated with international 
organizations to implement a national AIDS strategy by conducting 
conferences and disseminating brochures to raise public awareness of 
the disease.
Section 6. Worker Rights
    a. The Right of Association.--All workers, except certain public 
employees, have the constitutional right to associate freely and to 
form and join independent labor unions without prior authorization, and 
they freely exercised this right. However, employees of the Ministry of 
Defense, most employees of the Ministry of Interior and Administrative 
Reform, most employees of the Ministry of Justice, prison personnel, 
and intelligence personnel were not allowed to unionize. The majority 
of workers belonged to one of the five main national trade union 
confederations. Approximately 40 to 50 percent of the workforce was 
unionized; however, that number continued to decline.
    The right to form unions was generally respected in practice, and 
many employers created enterprise friendly unions. Union officials 
stated that union registration requirements stipulated by law were 
complicated but generally reasonable. However, unions objected to the 
requirement that they submit lists of prospective union members with 
their registration application. Since employers also had access to this 
list, union officials feared that this could lead to reprisals against 
individual employees, hindering the formation of new unions.
    The law allows unions to conduct their activities without 
interference, and the Government protected this right in practice. 
Unlike in previous years, there were no reports of government 
interference in labor negotiations, trade union activities, collective 
bargaining, or strikes.
    While the law permits strikes by all workers except judges, 
prosecutors, some justice ministry staff, and employees of the 
intelligence service and the ministries of defense and internal 
affairs, lengthy and cumbersome requirements made it difficult to hold 
strikes legally. Unions may strike only if all arbitration efforts have 
failed and if employers have been given 48 hours' notice. Unions 
complained that they must submit their grievances to government 
sponsored arbitration before initiating a strike and that the courts 
had a propensity to declare strikes illegal. Companies may claim 
damages from strike organizers if a court deems a strike illegal.

    b. The Right to Organize and Bargain Collectively.--The law 
provides workers the right to bargain collectively, but government 
control of many industrial enterprises and the absence of independent 
management representatives at these entities hindered collective 
bargaining. Approximately 80 percent of the workforce was covered by 
collective labor contracts at the branch and unit levels. A national 
collective labor contract for 2007 2010 was concluded in January 2007 
by the main employers' associations, trade unions, and the Government. 
However, contracts resulting from collective bargaining were not 
consistently enforced. While national collective labor contracts are 
negotiated every four years, the minimum wage is negotiated every year. 
The wages of public employees were guided by a minimum wage stipulated 
by law and a pay scale specific to each ministry that was based on that 
ministry's annual budget.
    The law has specific provisions against antiunion discrimination, 
which were generally respected.
    There are no exemptions from regular labor laws in the country's 
six free trade zones and 31 disadvantaged 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. Persons, primarily women and 
children, were trafficked for sexual exploitation, labor, and forced 
begging.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor remained a problem. Although there are laws to protect 
children from exploitation in the workplace, the Government did not 
consistently enforce them in practice.
    The minimum employment age is 16 years, but children may work with 
the consent of parents or guardians at age 15. Minors are prohibited 
from working in hazardous conditions. Minors over the age of 15 who are 
enrolled in school are also prohibited from performing activities 
included on a list approved in June 2007 following an EU directive. 
Working children under the age of 16 have the right to continue their 
education, and the law obliges employers to assist in this regard. 
Children aged 15 to 18 may work no more than six hours per day and no 
more than 30 hours per week, provided that their school attendance is 
not affected. In practice, however, many children were reported to 
occasionally forego attending school while working. Minors cannot work 
overtime or during the night, and they have the right to an additional 
three days of annual leave.
    Despite official recognition of the problem, child labor, including 
begging, selling trinkets on the street, and washing windshields, 
remained widespread in Romani communities, especially in urban areas. 
Children engaged in such activities were as young as five years old.
    The ANPCD, under the Ministry of Labor, Family, and Equal 
Opportunities, has the lead role in monitoring and coordinating all 
programs for the prevention and elimination of the worst forms of child 
labor. There were 490 confirmed cases of child labor reported in 2007, 
249 of these were in urban areas and 241 in rural areas. At the end of 
the first half of the year, there were 247 confirmed cases of child 
labor, 137 in urban areas and 110 in rural areas.
    The ANPCD can impose fines and close factories for child labor 
exploitation. Enforcement tended to be lax except in extreme cases; 
despite what appeared to be child labor. For example there were no 
reports of anyone being charged or convicted during the year under any 
of the child labor laws. Employers who violated child labor laws were 
generally fined but in practice judges did not consider violations of 
the child labor law to be crimes. The Ministry of Labor's labor 
inspectorate reportedly carried out inspections of 100,200 employers in 
2006. Out of 16,571 persons found to be without legal employment 
documents, 206 were youths aged 15 to 18.
    The law requires schools to immediately notify social services of 
children missing classes to work. Social services are authorized to 
work with schools to reintegrate such children into the educational 
system. The Government conducted information campaigns to raise 
awareness among children, potential employers, and the general public. 
The Government also made considerable progress in establishing 
mechanisms to gather information and monitor child labor trends.

    e. Acceptable Conditions of Work.--Beginning in October, the gross 
minimum wage was 540 lei ($190) for a full-time schedule of 170 hours 
per month, or approximately 3.17 lei ($1.10) per hour. The minimum wage 
for skilled workers is 20 percent higher. The minimum monthly wage did 
not provide a decent standard of living for a worker and family.
    Criteria for calculating the minimum wage are based on the average 
salary rather than in relation to the minimum basket of consumption. In 
July representatives of union federations, employers' associations, and 
the Government signed a tripartite agreement which led to the October 
increase in the monthly wage.
    Minimum wage rates were generally observed and enforced by the 
Ministry of Labor, Family, and Equal Opportunities. In practice, many 
employers paid supplemental salaries under the table to reduce both the 
employee and employer's tax burdens. However, this practice negatively 
affected employees' future pensions and their ability to obtain 
commercial credit.
    The law provides for a standard workweek of 40 hours or five days. 
Overtime is to be paid for weekend or holiday work, or work in excess 
of 40 hours, which may not exceed 48 hours per week averaged over one 
month. The law requires a 24 hour rest period in the workweek, although 
most workers received two days off per week. The Ministry of Labor, 
Family, and Equal Opportunities effectively enforced these standards. 
Union leaders complained that overtime violations were the main problem 
facing their members, as employees were often required to work more 
than the legal maximum number of hours and overtime compensation 
required by law was not always paid. This was especially prevalent in 
the textile, banking and finance, and construction sectors. Union 
officials alleged that a majority of on the job accidents occurred 
during such compulsory, uncompensated overtime.
    The law provides penalties for work performed without a labor 
contract in both the formal and informal sectors of the economy. 
Employers who use illegal labor may be jailed or fined up to 100,000 
lei ($41,666).
    The Ministry of Labor, Family, and Equal Opportunities has 
authority to establish and enforce safety standards for most industries 
but lacked trained personnel to enforce them. Employers often ignored 
the ministry's recommendations, which were usually only applied after 
an accident occurred. Workers had the right to refuse dangerous work 
but seldom invoked it in practice.

                               __________

                                 RUSSIA

    The Russian Federation has an increasingly centralized political 
system, with power concentrated in the presidency and the office of 
prime minister, a weak multiparty political system, and a ruling-party 
dominated bicameral legislature (Federal Assembly) consisting of a 
lower house (State Duma) and an upper house (Federation Council). The 
country has an estimated population of 141.9 million. International 
observers reported that the December 2007 State Duma election was not 
fair and failed to meet many international standards for democratic 
elections. Likewise, the March 2 election for president, assessed to be 
still not free and not fair, repeated the flaws of the State Duma 
election, with observers expressing concern over the registration 
process, unequal access to the media by candidates, and abuse of 
administrative resources. Dmitriy Medvedev, the candidate of the 
dominant United Russia party, handpicked by his predecessor, became 
president in March with 70 percent of the vote. In the State Duma 
elections, the United Russia party received a constitutional majority 
of more than two thirds of the seats. Civilian authorities generally 
maintained effective control of federal security forces.
    There were numerous reports of government and societal human rights 
problems and abuses during the year. The Government's human rights 
record remained poor in the North Caucasus, where governments in 
Ingushetiya and Dagestan faced increased opposition from disaffected 
social groups and insurgencies, and the Chechen government forcibly 
reined in the Islamist insurgency that replaced the separatist 
insurgency as the main source of conflict. Security forces reportedly 
engaged in killings, torture, abuse, violence, and other brutal or 
humiliating treatment, often with impunity. In Chechnya, Ingushetiya, 
and Dagestan, security forces were allegedly involved in unlawful 
killings and politically motivated abductions. While disappearances 
declined overall, extrajudicial killings increased in Ingushetiya. 
Disappearances and kidnappings in Chechnya declined during the year; 
however, Chechen President Kadyrov continued his repressive control as 
federal forces withdrew. Federal and local security forces in Chechnya 
targeted families of suspected insurgents with impunity, and Kadyrov's 
private militia allegedly engaged in kidnapping and torture.
    In August, Russia launched a military invasion using 
disproportionate force across Georgia's internationally recognized 
borders responding to what Russian officials reported was Georgia's use 
of heavy force in Tskhinvali, the local capital of Georgia's South 
Ossetian region, and the killings of Russian peacekeepers. Military 
operations by Georgian and Russian forces reportedly involved the use 
of indiscriminate force and resulted in civilian casualties, including 
of a number of journalists. Prison conditions were harsh and frequently 
life threatening, law enforcement was often corrupt, and the executive 
branch allegedly exerted influence over judicial decisions in some 
high-profile cases. Security services and local authorities conducted 
searches without court warrants, particularly under the extremism law.
    Government pressure weakened freedom of expression and media 
independence, particularly of the major television networks. Five 
journalists were killed during the year, in one case in Ingushetiya by 
police. Unresolved killings of journalists remained a problem. As some 
print and Internet media reflected a widening range of views, the 
Government restricted media freedom through direct ownership of media 
outlets, pressuring the owners of major media outlets to abstain from 
critical coverage, and harassing and intimidating journalists into 
practicing self-censorship. Local governments limited freedom of 
assembly, and police sometimes used violence to prevent groups from 
engaging in peaceful protest. The Government limited freedom of 
association. The Government restricted religious groups in some 
regions, and there were incidents of societal discrimination, 
harassment, and violence against religious minorities, including anti-
Semitism. In the North Caucasus, thousands of internally displaced 
persons (IDPs) lived in temporary centers that failed to meet 
international standards.
    Continuing centralization of power in the executive branch, a 
compliant State Duma, corruption and selectivity in enforcement of the 
law, media restrictions, and harassment of some NGOs eroded the 
Government's accountability to its citizens. The Government restricted 
opposition political parties' ability to participate in the political 
process. The March presidential election was marked by problems during 
the campaign period and on election day, as reported by independent 
Russian and European observers, including the Parliamentary Assembly of 
the Council of Europe, which included the abuse of government 
resources, media bias in favor of the ruling party and its candidate, 
authorities' refusal to register opposition party candidates, lack of 
equal opportunity for conducting campaigns, and ballot fraud. The 
Government restricted the activities of some nongovernmental 
organizations (NGOs), in some cases moving to close the organizations, 
through selective application of the laws and other mechanisms. 
Authorities exhibited hostility toward, and sometimes harassed, NGOs 
involved in human rights monitoring as well as those receiving foreign 
funding. A decree from the prime minister in June removed tax-exempt 
status from the majority of NGOs, including international NGOs, and 
imposed a potentially onerous annual registration process for those 
that met the proposed requirements. Many NGOs interpreted the decree as 
a further step to restrict NGO funding and operations. Violence against 
women and children were problems, and domestic violence was widespread. 
Trafficking in persons continued to be a significant problem. There was 
some governmental discrimination and widespread societal discrimination 
as well as racially motivated attacks against ethnic minorities and 
dark-skinned immigrants or guest-workers. During the year there was a 
steady rise in xenophobic, racial, and ethnic attacks and hate crimes, 
particularly by skinheads, nationalists, and right-wing extremists. 
Instances of forced labor were also reported.
    Although there was some improvement in areas of the internal 
conflict in the North Caucasus, antigovernment forces continued killing 
and intimidating local officials. There were reports of rebel 
involvement in bombing of civilian targets and politically motivated 
disappearances in Chechnya, Ingushetiya, and elsewhere in the North 
Caucasus. Some rebels were allegedly involved in kidnapping for ransom. 
There were reports that rebels improvised explosives that resulted in 
civilian casualties. According to the Internet-based Caucasian Knot, 
226 members of law enforcement agencies died and 420 were injured 
during the year in actions involving insurgents.

                        RESPECT 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 
that the Government or its agents committed politically motivated 
killings and other arbitrary killings. In August, the Government's use 
of indiscriminate military force in a conflict with Georgia resulted in 
numerous civilian deaths in that country.
    On August 31, police shot Ingush opposition leader and editor of 
the opposition news portal Ingushetiya.ru, Magomed Yevloyev, in the 
head while he rode in a police car in Nazran after being apprehended by 
Ingush authorities on his return from Moscow. He later died from the 
wound. In retaliation, Yevloyev's relatives declared a ``blood feud'' 
against then president of Ingushetiya Murat Zyazikov and his Interior 
Minister Musa Medov, and claimed that according to tradition, this 
called for the murder of one of their male family members. On September 
10, unknown gunmen killed Zyazikov's cousin while he was driving his 
car in Nazran. The Interior Ministry stated that Yevloyev was shot by 
accident, and the District Court initially agreed, but many criticized 
the decision. In November, the Supreme Court of Ingushetiya reopened 
the investigation, and it was pending at year's end.
    On November 5, three police officers in the city of Saratov 
allegedly assaulted Armen Gasparyan to force him to confess to a theft, 
then doused him with gasoline, and burned him to death. Prosecutors 
charged the officers with murder, and the case was ongoing at year's 
end.
    In December the Moscow branch of the Investigative Committee 
suspended, due to an ``absence of suspects,'' the investigation into 
the death of Yuri Chervochkin, an activist in the National Bolshevik 
Party (NBP). Chervochkin was attacked and beaten into a coma by unknown 
assailants in November 2007 in Serpuchov and later died. Prior to his 
beating, Chervochkin had participated in demonstrations in Moscow led 
by the Other Russia political opposition movement. He was reportedly 
warned by the authorities not to participate in the demonstrations, and 
other NBP members claimed he was killed by government security forces.
    Deaths due to hazing in the military continued to be a problem. The 
Ministry of Defense reported 17 deaths as a direct result of hazing 
during the year. In the first 10 months of 2007, 20 military servicemen 
were killed in hazing incidents. In 2006, 33 servicemen were killed in 
hazing incidents. Human rights observers noted that few of the persons 
accused in the incidents had been prosecuted and held accountable.
    In May 2007, a noncommissioned officer reportedly hazed conscript 
Sergey Zavyalov, who later died of head injuries from the abuse. The 
Sertolovo Military Garrison prosecutor's office charged a sergeant in 
Zavyalov's garrison with ``deliberate infliction of grave physical 
injuries.'' In December 2007, the first court hearing on the case 
commenced, and on April 1, the Sertolovo Garrison Military Court 
convicted Dmitri Kochkov and sentenced him to six years' imprisonment. 
On May 30, the Leningrad Circuit Court upheld the verdict.
    Human Rights Watch (HRW) reported that, during the August military 
conflict in Georgia, both Russian and Georgian forces used 
indiscriminate and disproportionate military force, including Grad 
rockets and cluster munitions, which resulted in civilian deaths and 
injuries. In a number of cases, Russian forces in Gori, Georgia, fired 
on civilian vehicles, killing and wounding civilians. During and in the 
weeks following the conflict, hundreds of civilians were reportedly 
killed in the areas under the control of Russian forces.
    In past years Chechen rebels killed a number of federal soldiers 
whom they had taken prisoner; many other individuals were kidnapped and 
then killed in Chechnya by both federal and rebel troops, as well as by 
criminal elements. According to Caucasian Knot, during the year 237 
persons were killed in Chechnya-25 civilians, 97 police officers, and 
115 militants. There were also deaths from landmines and unexploded 
ordnance.
    In July, a mass grave was discovered in Chechnya that contained up 
to 300 bodies. According to the Chechen ombudsman, the bodies were from 
a group of refugees killed by federal forces as they attempted to move 
to another area of the republic in October 1999.
    There were some minor developments in cases of high-profile 
killings from 2006. On June 23, a jury reached a verdict in the trial 
for the 2006 killing of Dalnegorsk mayoral candidate Dmitriy Fotyanov. 
Two persons were found guilty of his murder, while two others were 
convicted of being accessories to the crime; one suspect was at large 
at year's end. The suspects allegedly killed Fotyanov because his 
election would have threatened their business interests.
    On October 28, a jury in the Moscow City Court found former 
chairman of the board of directors of VIP Holding, Aleksey Frankel, 
guilty of ordering the 2006 killing of banking reform advocate Central 
Bank Deputy Chairman Andrey Kozlov. Frankel allegedly ordered the 
killing in revenge for Kozlov's decision to revoke VIP Holding's 
license. Frankel's lawyers stated their intention to appeal the case. 
An accomplice and the alleged hitmen were also charged, and their cases 
were ongoing at year's end. On May 30, an unknown attacker beat 
Frankel's lawyer Viktor Pashrutkin on a street near his home. Another 
lawyer in the Kozlov case was burglarized the previous day, leading 
many commentators to believe that the attack was related to 
Pashrutkin's work in the case.
    During the year there were no developments reported in the case of 
Andrey Lugovoy, whom the United Kingdom sought to extradite as the 
primary suspect in the poisoning death in London of former Russian 
intelligence officer Aleksander Litvinenko. In July 2007 the 
Government, citing constitutional restrictions, refused the extradition 
request. Separate investigations into the death continued during the 
year in Russia and the United Kingdom. Many observers alleged the 
killing was politically motivated, in part because of the highly 
restricted nature of Polonium 210, the substance used to poison 
Litvinenko. In December 2007, Lugovoy was elected to the State Duma, 
giving him substantial immunity from prosecution in the country.
    There were no developments reported in the investigation into the 
2006 killings of Aleksandr Plokhin, a branch director of VneshTorgBank, 
and of Konstantin Meshcheryakov, co-owner of Spetssetstroibank.

    b. Disappearance.--During the year there were reports of 
disappearances throughout the North Caucasus in connection with the 
conflicts in Chechnya, Ingushetiya, and Dagestan. Some disappearances 
were alleged to be politically motivated and to have involved federal 
or local governments. There were no reports of politically motivated 
disappearances outside these regions of the country.
    During the year at least 50 kidnappings reportedly took place in 
the North Caucasus region. The Caucasian Knot reported 15 kidnappings 
in Chechnya, 24 disappearances in Ingushetiya, and 11 disappearances in 
Dagestan. In 2007 the overall number of disappearances in the North 
Caucasus was 75. In most cases government forces involved in 
disappearances acted with impunity. Criminal groups in the region, 
possibly with links to rebel forces, frequently resorted to kidnapping 
(See Section 1.g.).

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
credible reports that law enforcement personnel engaged in torture, 
abuse, and violence to coerce confessions from suspects and allegations 
that the Government did not consistently hold officials accountable for 
such actions. During the year there were also reports of torture and 
other cruel, inhuman, or degrading treatment or punishment by federal 
or local government security forces in connection with the conflict in 
Chechnya. In August, during a conflict that began in the Georgian 
separatist enclave of South Ossetia, the Government's use of 
indiscriminate military force resulted in numerous civilian injuries in 
that country.
    Although prohibited in the constitution, torture is not defined in 
the law or the criminal code. As a result, the only accusation 
prosecutors could bring against police suspected of torture was 
exceeding their authority or committing a simple assault.
    Cases of physical abuse by police officers usually occurred within 
the first few hours or days of arrest. Some of the methods reportedly 
used included 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 were tied together behind the back). 
Allegations of abuse were difficult to substantiate because of limited 
access to medical professionals. A 2008 report by Amnesty International 
documented numerous cases of alleged torture by police. According to 
the February 2007 annual report of the country's human rights 
ombudsman, the majority of police abuse cases in 2006 were reported in 
Komi and Mordoviya republics, Krasnoyarsk Kray, and Amur, Kirov, 
Sverdlov, and Tyumen regions.
    In 2007, the human rights ombudsman received approximately 3,000 
complaints of abuses in jails and prisons, more than one-third of which 
dealt with the harsh treatment of prisoners by guards. The Ombudsman's 
Office found that two-thirds of the complaints merited investigation 
but was able to adequately investigate only 123 cases due to 
obstruction by prison officials.
    In July, a court convicted three officers in the Nizhniy Novgorod 
region of physically abusing a suspect in 2007 in an attempt to coerce 
a confession and sentenced them to prison terms from four to four-and-
a-half years.
    On March 4, the court denied an appeal by three officers found 
guilty in October 2007 of torturing and beating Dmitriy Noskov in 2004, 
forcing him to confess to robbery. Doctors who examined him documented 
a concussion and extensive injuries. The officers were sentenced to 
five-and-a-half, six, and seven years in prison.
    On April 4, police beat several young men near the Sokolniki metro 
station in Moscow; this sparked a protest on April 11 in central Moscow 
in which police detained protesters, in some cases using violence. 
Public reaction to reports of police violence was generally muted. For 
example, on April 19, police in Izhevsk forcibly detained 54 youths who 
had gathered for a concert, but there was no public reaction. No 
government body took any action against the police in the above 
instances.
    On April 8 and May 20, OMON (Otryad Militsii Osobogo Naznacheniya) 
police officers Yuriy Golovin and Sergey Fomin were convicted of 
beating 32 persons during the 2004 ``crime prevention'' crackdown in 
Blagoveshchensk. They received a suspended sentence of three years' 
imprisonment, one year of probation, and were prohibited from working 
in law enforcement or other municipal agencies for one year. In the 
same case, on June 17, OMON officer Aidar Gilvanov was convicted and 
sentenced to four years' imprisonment and prohibited from working in 
state and local self-government for three years. OMON officers Oleg 
Shapeyev and Vil Hamatdinov received suspended sentences, and 
Hamatdinov was prohibited from working in state or local government for 
one year. On September 18, the Blagoveshchensk City Court found the 
remaining three suspects guilty: Lieutenant Colonel Ildar Ramazanov, 
his deputy Major Oleg Mirzin, and Major Oleg Kosolov. However, defense 
attorneys requested that the case be returned to the Prosecutor's 
Office to remove discrepancies and mistakes, and the City Court 
suspended hearings. There were no further developments at year's end.
    On January 24, the European Court of Human Rights (ECHR) found the 
country responsible for the rape and mistreatment of Olga Maslova and 
for not conducting an effective investigation into the crimes. Maslova 
alleged that, after police brought her in to provide information about 
a murder case in November 1999, they raped and tortured her in order to 
pressure her into giving a confession. Her friend, Fedor Nalbandov, 
alleged that police harassed and physically assaulted him when he came 
to the police station after receiving a call from Maslova. The 
Government was also held responsible for not effectively investigating 
his allegations.
    In March 2007, the ECHR ruled that the Government had violated the 
rights of Andrey Frolov through inhuman prison conditions. Frolov, who 
had been imprisoned in St. Petersburg since 1999, had protested the 
prison overcrowding and testified that he and 15 other prisoners had to 
take shifts sleeping because they shared a cell designed to hold eight 
persons. Frolov was awarded 20,000 euros ($25,567) but had not been 
released at year's end, and there was no information as to whether his 
conditions had improved.
    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 of Caucasus, Central Asian, African, or 
Romani ethnicity.
    In May, following a public outcry and the intervention of the human 
rights ombudsman, Ministry of Justice's Federal Service for the 
Execution of Sentences (FSIN) prison authorities moved former Yukos Oil 
Company vice president Vasiliy Aleksanyan, who was HIV positive and 
diagnosed with lymphoma cancer, to a hospital. After a lengthy campaign 
by human rights activists to secure his release, in December the ECHR 
ruled that the country had violated Aleksanyan's rights and that he 
must be freed on bail. Aleksanyan was accordingly freed on bail of 50 
million rubles ($1,373,513). Some commentators found the sum to be 
excessive, and others criticized the long wait for his release, noting 
that upon release he was too weak to move.
    In December former Yukos lawyer Svetlana Bakhmina failed to receive 
early parole despite a high-profile campaign to secure her release on 
humanitarian grounds. In 2006, Bakhmina was convicted of tax evasion 
and embezzlement and sentenced to seven years in prison, which was 
reduced on appeal to six-and-a-half years. At the time of the campaign 
for her release, she had served over half of her sentence, which 
commonly enables a prisoner to apply for parole.
    There were a limited number of cases reported where psychiatry was 
used against those dissatisfied with the authorities, according to the 
Russian Research Center for Human Rights. The Government's and courts' 
interpretation of the law resulted in a monopoly by government 
consultants in the provision of expert testimony in court cases. The 
Human Rights Ombudsman's Office had an experts' council that engaged in 
some cases to assist persons who were treated improperly by the courts.
    In February a court ordered opposition activist Roman Nikolaychik 
to a psychiatric hospital in Tver for three weeks. Activists for the 
Other Russia, of which Nikolaychik was a member, alleged that this was 
a case of ``punitive psychiatry,'' applied by Tver security services 
because a fabricated case against Nikolaychik of attempted murder had 
fallen apart. There were no new developments in the case by year's end.
    On September 19, the Oktyabrsky District Court in Penza sent Sergey 
Cherepovsky, a defense lawyer, to a psychiatric ward in Kazan after 
having prolonged his custody. Cherepovsky was accused of using violence 
against an official who tried to stop him from filming the alleged 
harassment of his client Valery Bychkov, a deputy in the Penza city 
legislature and chairman of the Penza branch of Garry Kasparov's United 
Civic Front, in a court building.
    On November 17, the Leninskiy District Court began hearings on a 
lawsuit by human rights and opposition activist Larissa Arap, who in 
July 2007 was involuntarily confined to a psychiatric hospital in 
Apatity, reportedly in revenge for her published critical comments 
about the facility in an earlier confinement. She alleged that hospital 
staff abused her during her involuntary confinement. A team of 
independent psychiatric experts assembled by the human rights ombudsman 
examined Arap and stated that her hospitalization was unnecessary; she 
was released in August 2007. In April, Arap's defense attorney appealed 
to both the ECHR and the Leninskiy District Court of Murmansk for 
compensation of moral and material damage. In mid-October, the District 
Court rejected Arap's appeal, but she and her defense attorney appealed 
the decision. There were no further developments at year's end.
    On November 1, the Novosibirsk Regional Court released NBP member 
Nikolay Baluyev from custody due to his bad health condition. Baluyev 
was accused in August 2007 of conspiring to commit a terrorist act and 
possession of a weapon; a Novosibirsk regional court ruled that he 
should undergo psychiatric treatment. Some activists criticized the 
allegations as unfounded. On May 20, Baluyev's forced psychiatric 
treatment was completed, and doctors declared him cured. He was 
returned to pretrial jail. On July 2, the Novosibirsk Regional Court 
extended his jail confinement by two months. In jail, a preexisting 
physical condition grew worse, and when he was hospitalized on July 7, 
his fellow NBP members appealed to the human rights ombudsman for his 
release, stating that his life was in danger.
    In November 2007, a day before a planned Other Russia 
demonstration, Artem Basyrov, an Other Russia activist, was 
involuntarily hospitalized in a Mari El Republic psychiatric hospital. 
On December 25, the Mari El Hospital Commission released Basyrov. 
Basyrov claimed that his hospitalization was politically motivated. 
There were no further developments in the case at year's end.
    Various abuses against military servicemen continued, including but 
not limited to the violent hazing of junior recruits (known as 
``dedovshchina'') in the armed forces and security services. Such 
mistreatment often included beatings or threats of increased hazing to 
extort money or material goods. In recent years, in larger cities, 
conscripts were sometimes encouraged to prostitute themselves to come 
up with the money; however, there were no corroborated reports of this 
during the year. According to the NGO Committee of Soldiers' Mothers 
(CSM), in rare instances during the year, conscripts were forced into 
slave labor. Cases were usually investigated only following pressure 
from family members, NGOs, or the media. The human rights ombudsman, as 
well as CSM, also stated that there was a growing problem with 
conscripts being coerced into signing contracts. The St. Petersburg 
branch of CSM noted an increase in reports of forced conscription on 
August 5, reportedly in connection to the conflict with Georgia. 
Overall, CSM estimated that 30 percent of conscripts were forced.
    According to CSM, there were approximately 10,000 complaints of 
hazing during the year. The Defense Ministry reported 427 noncombat 
deaths during the year, of which 121 were suicides. The army's suicide 
rate was down 14 percent for the first six months of the year compared 
with the same period in 2007. During the year one in every four hazing 
offenses was committed by an officer, and officers increasingly tried 
to conceal offenses. In the first four months of the year, there were 
138 reported instances of officer cover-ups, compared with 48 in the 
same period in 2007.
    During the year CSM accused an army unit in St. Petersburg of 
running a program where new recruits were forced to give 1,000 rubles 
(approximately $27) every morning to more senior unit members. If they 
failed to provide the money, they were beaten and tortured. The army 
unit sued CSM for damage to its professional reputation, and a court 
found in the army's favor. CSM lost its appeal of the case and was 
ordered to pay a fine of 16,000 rubles (approximately $440). The NGO 
appealed; a decision was pending at year's end.
    CSM regional committees received a total of 5,000 complaints from 
20 regions across the country during the year, an increase from the 
2007 figure of 3,500. The complaints from soldiers and parents mostly 
related to beatings, but also concerned sexual abuse, torture, and 
enslavement. Soldiers often did not report hazing to either unit 
officers or military prosecutors due to fear of reprisals, since in 
some cases officers allegedly tolerated or even encouraged hazing as a 
means of controlling their units. Officers reportedly also used 
beatings to discipline soldiers.
    On July 1, drill sergeant Peter Tarasov was convicted and sentenced 
to four-and-a-half years in prison and stripped of his military rank 
for severely beating conscript Artem Kaznacheyev in the presence of 170 
soldiers in July 2007. Kaznacheyev spent two weeks in a coma, had two 
operations, and suffered severe damage to his lungs, liver, and other 
internal organs.
    There was evidence that the military was attempting to deal with 
its abuse problems. During the year 2,000 persons were charged with 
army hazing or related crimes, most commonly abuse or physical assault. 
Of those convicted, many continued serving in the army under a 
``conditional'' sentence. CSM reported that 105 convicted officers lost 
their positions during the year. During 2007, after numerous media 
reports detailed how soldiers in Primorye's Pogranichniy region were 
being mistreated and extorted, allegedly with the consent of officers, 
the Ministry of Defense sent a team from Moscow to investigate. Hazing 
reportedly continued to be a serious problem in units that had 
previously served in areas of military conflict.
    Former defense minister and current First Deputy Prime Minister 
Sergey Ivanov ordered parent committees to be embedded in the army and 
in drafting commissions. By the end of 2007, there were parent 
committees in 142 military units and 12 military commissariats.
    On July 3, the ECHR found the country responsible in a case brought 
by Yevgeniy Chember for inhuman treatment, lack of an effective 
investigation, and also for lack of providing an effective remedy. 
Chember was allegedly beaten and denied medical treatment after 
injuring his spine during military training. He later collapsed, was 
diagnosed with a closed spine injury, and was discharged from the 
military.
    According to a HRW report detailing abuses by parties to the August 
conflict between Russia and Georgia, Russian forces were at times 
involved in the looting and destruction, either as passive bystanders 
to Ossetian forces' abuses or active participants, or by providing 
South Ossetian militias transport into villages. According to the 
report, when Russian forces entered Georgian territory adjacent to 
South Ossetia, they allowed South Ossetian forces to engage in 
widescale pillage and burning of Georgian homes and to kill, beat, 
rape, and threaten civilians.

    Prison and Detention Center Conditions.--Prison conditions remained 
extremely harsh and frequently life threatening. The FSIN administered 
most of the penitentiary system centrally from Moscow. There were five 
basic forms of custody facilities in the criminal justice system: 
police temporary detention centers, pretrial detention facilities 
(SIZOs), correctional labor colonies (ITKs), prisons designated for 
those who violate ITK rules, and educational labor colonies (VTKs) for 
juveniles. In most cases, juveniles were held separately from adults.
    As of November, 891,700 persons were in the custody of the criminal 
justice system, an increase of 3,600 from 2007. This number included 
8,800 juveniles, 784 children under age 14, and 68,200 women. The 
number of juveniles decreased from 2007 levels, while the number of 
women in custody increased. As of August there were 147,200 persons 
held in SIZOs.
    In past years official statistics recorded several thousand 
prisoners dying in SIZOs, and in November 2007 the FSIN reported that 
during the period 2001-07 the mortality rate decreased by 3.8 times. 
However, official statistics were not available during the year. While 
most died as a result of poor sanitary conditions or lack of medical 
care, the press reported that individuals were mistreated, injured, or 
killed in various SIZOs. Some of the cases reported in past years 
suggested habitual abuse by officers. Inmates in the prison system 
often suffered from inadequate medical care, and the numbers of inmates 
infected with tuberculosis (TB) and HIV increased. According to FSIN 
data, as of November 2007, approximately 400,000 inmates had mental 
disorders, 43,000 had active TB, and 42,000 had HIV. TB infection rates 
were far higher in detention facilities than in the population at 
large.
    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 harshly, with 
little or no protection provided by prison authorities.
    Penal institutions remained overcrowded, but there were reports of 
some improvements. Federal standards call for a minimum of four square 
meters per inmate. The NGO Penal Reform International confirmed that 
prisons in the country met this standard except in cases of 
overcrowding.
    Conditions in SIZO pretrial facilities remained extremely harsh and 
posed a serious threat to health and life. Conditions within different 
SIZOs varied considerably. Health, nutrition, and sanitation standards 
remained low. Poor ventilation was thought to contribute to cardiac 
problems and lowered resistance to disease. Overcrowding was common, 
and the Federal Prison Service reported that approximately 158,000 
suspects were being held in pretrial detention facilities designed to 
house 130,000.
    Most convicts were imprisoned in ITKs. At year's end there were 
734,300 convicts imprisoned in 758 ITKs, and 144,900 suspects were held 
in pretrial detention facilities, including 225 pretrial jails, seven 
prisons, and 164 detention facilities functioning as pretrial jails. 
These facilities provided greater freedom of movement than SIZOs; 
however, at times guards humiliated, beat, and starved prisoners. The 
country's prisons, distinct from ITKs, were penitentiary institutions 
for those who repeatedly violate the rules in ITKs.
    As of June 1, 62 VTKs held 9,900 juvenile prisoners. Conditions in 
the VTKs were significantly better than in the ITKs, but some juveniles 
in the VTKs and juvenile SIZO cells reportedly suffered from beatings 
and rape. While juveniles were generally held separately from adults, 
there were two prisons in Moscow and one in St. Petersburg where 
children and adults were not separated. Schooling in the prisons for 
juveniles was reportedly mandatory through high school.
    According to the NGO For Human Rights, prison officials did not 
allow human rights observers or defense attorneys to enter the 41 of 
765 prisons with the worst records of abuse, such as torture or 
collective punishment.
    On May 31, guards severely injured four inmates while using 
excessive force to end a riot in a Chelyabinsk prison. After a prison 
doctor determined their injuries were not life threatening or worthy of 
medical treatment, the inmates were returned to their cells, where they 
died. Eight prison employees of the IK-1 (penal colony #1) in Kopeysk, 
Chelyabinsk region, were subsequently charged with brutality for 
beating the inmates. The investigation of the criminal case was ongoing 
at year's end, with an additional six employees of IK-1 indicted.
    In 2007, the human rights ombudsman received almost 3,000 
complaints from persons in the prison system. According to its 2007 
annual report, the Office of the Human Rights Ombudsman received a high 
number of complaints about prison conditions; such complaints made up 
approximately 20 percent of the total number of complaints received by 
the office. More than 150 FSIN staff members were charged with abuse 
and other violations in 2007.
    On September 1, a new law came into force that limits public access 
to detention facilities. The human rights community criticized the law, 
noting that its practical effect was to eliminate public oversight of 
prison facilities.
    Authorities continued to refuse to grant the International 
Committee of the Red Cross (ICRC) access, under ICRC's standard 
criteria, to persons detained as part of the conflict in Chechnya, and 
the ICRC subsequently was forced to suspend its detention visits.
    The ECHR ruled against the country in five cases involving improper 
prison and transport conditions.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, in practice they remained problems.

    Role of the Police and Security Apparatus.--The Ministry of 
Internal Affairs, the Federal Security Service (FSB), and the Office of 
the Prosecutor General 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 
operated with limited oversight by the prosecutor general and the 
courts.
    The national police force, which falls under the Ministry of 
Internal Affairs, is organized on federal, regional, and local levels. 
Although regulations and national laws prohibit corrupt activities, 
corruption was widespread, and there were few crackdowns on illegal 
police activity.
    According to the investigative branch of the Prosecutor's Office, 
during the first six months of the year 750 members of law enforcement 
were prosecuted for abuse of their position.
    In November 2007, four police officers were found guilty of charges 
relating to the ``werewolves in uniform'' case that involved Ministry 
of Internal Affairs officers using their positions to engage in 
criminal activity. The four officers were sentenced to prison terms 
ranging from nine to 17 years. In 2006, the group's leader and six 
other officers were convicted of charges that included extortion, 
bribery, and trafficking in drugs and weapons.

    Arrest and Detention.--By law an individual may be taken into 
custody for 48 hours without court approval if arrested at the scene of 
a crime, provided there is evidence of the crime committed or a 
witness. Otherwise a court-approved arrest warrant is required. After 
arrest detainees are typically taken to the nearest police station, 
where they are informed of their rights. Police are obliged to write an 
official protocol, signed by the detainee and the police officer, 
within three hours of detention stating the grounds for the detention. 
Police must interrogate the detainee within the first 24 hours of 
detention. Prior to the interrogation, the detainee has the right to 
meet with an attorney for two hours. No later than 12 hours after 
detention, police must notify the prosecutor and the detainee's 
relatives about the detention unless a prosecutor issues a warrant to 
keep the detention secret. Police must release the detainee after 48 
hours, subject to bail conditions, unless a court decides to keep the 
person in custody in response to a motion filed by police no later than 
eight hours before the expiration of the 4-hour detention period. The 
defendant and his or her attorney must be present at the court hearing. 
By law, police must complete their investigation and transfer the file 
to the prosecutor for arraignment within two months of a suspect's 
arrest, although a court may extend a criminal investigation for up to 
six months in cases classified as complex. With the personal approval 
of the prosecutor general, a judge may extend that period up to 18 
months.
    Legal limitations on detention were generally respected; however, 
there were reports of occasional violations of the 4-hour time limit 
following an arrest. Frequently, authorities failed to write the 
official protocol of detention within three hours after the actual 
detention and held suspects in excess of detention limits. In addition, 
there were reports that police obtained defense counsels friendly to 
the prosecution. These ``pocket'' defense counsels allowed 
interrogation of their clients. The general ignorance of legal rights 
on the part of both defendants and their legal counsel contributed to 
the persistence of these violations.
    Judges occasionally suppressed confessions of suspects if they were 
taken without a lawyer present. They also freed suspects who were held 
in excess of detention limits, although they usually granted 
prosecutors' motions to extend the detention period for good cause. The 
Supreme Court overturned a number of cases in which lower court judges 
granted permission to detain individuals on what the Supreme Court 
deemed inadequate grounds.
    During the year, the ECHR found the country in violation of the 
European Convention on Human Rights in one case for not providing a 
defendant with a lawyer and in two other cases for keeping a suspect in 
detention too long.
    Authorities selectively detained and prosecuted members of the 
political opposition. Maksim Reznik, chairman of the Petersburg branch 
of Yabloko, was arrested during the March election campaign and briefly 
imprisoned on what many observers called fabricated charges of assault 
on police.
    On March 24, a court sentenced Aleksey Makarov, arrested in 2006 
for allegedly assaulting persons on his way to a court hearing about 
registering the National Bolsheviks political party, to two years' 
imprisonment in a labor camp. In June the ECHR found that the country's 
lengthy pretrial detention of Makarov had violated his rights.

    Amnesty.--Unlike in 2006 and 2007, when the Government issued a 
partial amnesty for militants and servicemen who surrendered (excluding 
those suspected of crimes such as rape, murder, or terrorism, or those 
accused of selling or stealing weapons), there were no amnesties during 
the year.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the judicial branch did not 
consistently act as an effective counterweight to other branches of the 
Government.
    The law requires judicial approval of arrest warrants, searches, 
seizures, and detentions. Judges allegedly remained subject to 
influence from the executive, military, and security forces, 
particularly in high profile or politically sensitive cases, in making 
decisions.
    In May 2007, the Government enacted a law that substantially 
reduced prosecutorial oversight of criminal investigations and 
transferred investigative authority over many serious cases from the 
General Procuracy to a new body called the Investigation Committee. The 
Investigation Committee is formally part of the General Procuracy but 
its chief is appointed directly by the president, not by the general 
prosecutor, and it therefore operates largely independently of the 
General Procuracy.
    Beginning in September 2007, investigators no longer needed 
prosecutorial approval to open criminal investigations.
    In an effort to combat corruption, the Government continued to 
raise judges' salaries, increasing them by 8.5 percent during the year. 
However, there were continued reports of judges being bribed by 
officials and others. In December the Supreme Qualifying Collegium of 
Judges reported that during the last four years, 279 judges and court 
leaders were removed from their positions before their terms expired, 
and 1,219 judges received warnings. The number of disciplined judges 
remained constant, with 70 removals and approximately 300 warnings per 
year. These figures incorporated a variety of offenses, including 
unreasonable length for processing cases, alcohol-related and other 
lapses of behavior, and conflicts of interest/corruption-related 
issues. 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. An 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 Federal Constitutional Court (as well as constitutional 
courts in a number of administrative entities) constitutes the third 
branch.
    The president approves judges after they have been nominated by the 
qualifying collegia, which are assemblies of judges and some members of 
the public. After a three-year period, the president must reconfirm the 
judges. Judicial observers alleged that the executive's role in 
approving and reconfirming judges ensured an increasingly pro-
government judiciary. The collegia also have the authority to remove 
judges for misbehavior and to approve prosecutors' requests to 
prosecute judges.
    Justices of the peace deal with criminal cases involving maximum 
sentences of less than three years and with some civil cases. Justices 
of the peace work in all regions except Chechnya.
    During the year the ECHR found the country in violation on multiple 
counts dealing with trial procedures. In 2007, 127 of the ECHR's 192 
decisions against the country involved the right to a fair trial, and 
11 involved proceedings that exceeded a ``reasonable'' length of time. 
Some violations included excessive pretrial detention, providing no 
effective remedy for a complaint, non-enforcement of judgments, failure 
to take a case to trial in the appropriate amount of time, and failure 
to provide a defendant with a lawyer.

    Trial Procedures.--Trials typically are conducted before a judge 
without a jury. The defendant is presumed innocent. The defense is not 
required to present evidence and is given an opportunity to cross-
examine witnesses and call defense witnesses. Defendants who are in 
custody during the trial are confined to a caged area and must consult 
with their attorneys through the bars. Defendants have the right of 
appeal.
    The law provides for the use of jury trials for a limited category 
of ``especially grave'' crimes, such as murder, in higher-level 
regional courts. In 2007, the most recent year for which the judicial 
department of the Supreme Court had data, the number of jury trials 
conducted in the country was 606 out of a total 1,185,000 criminal 
cases, a decrease of 100 from 2006. These jury trials represented 14 
percent of the cases tried at the oblast and republic level, and the 
number of defendants was approximately 1,200 persons, of whom 20.5 
percent were acquitted. In the total caseload of the oblast and 
republic level trials, 4.2 percent of persons were acquitted. All 
regions except Chechnya have implemented jury trials. The professional 
competence of jury trial participants, including both parties and, to 
some extent, judges, remained an issue of serious concern to domestic 
and international observers.
    In December, the Duma passed a bill removing certain crimes, 
including terrorism, espionage, hostage taking, and mass disorder, from 
the jurisdiction of jury trials. Under the new law, such cases will be 
heard by panels of three judges, rather than by juries. Supporters of 
the legislation justified it as an allegedly necessary measure in the 
war on terrorism. They also alleged that clan relations in the North 
Caucasus made it impossible to empanel objective juries there. Critics 
of the bill, including the Public Chamber, liberal Duma deputies, some 
judges, lawyers, and former jurors criticized the draft legislation as 
a constitutional violation and a major step backwards in the protection 
of individual liberties and called on the president not to sign it. 
However, on December 31, President Medvedev signed the bill into law.
    In December, a draft law which would substantially expand the 
definitions of espionage and treason was introduced into the Duma. 
Among other things the proposed law would define treason to include 
``the rendering of financial, material-technical, consultative, or 
other assistance to a foreign government or international or foreign 
organization or their representatives in activities directed against 
the security of the Russian Federation or its constitutional 
structure.'' The draft law caused serious concern among some lawyers, 
human rights activists, and government officials who claimed that the 
law, if passed, would provide virtually unfettered discretion to 
security forces to charge almost anyone who had any contact with 
foreign governments or international organizations or persons with 
treason. At year's end, the draft law had not yet had a first reading 
in the Duma, and a number of persons in and out of the Government were 
working to modify its provisions.
    The Government substantially increased the use of plea bargaining 
in criminal cases, which rose from 10,000 plea agreements in 2002 to 
more than 380,000 in 2007. Plea bargains reduced the time that 
defendants spend in pretrial detention, reduced the average prison 
sentence by one-third, and allowed the courts and prosecutors to devote 
their resources to other cases.
    Prior to trial, defendants are provided a copy of their indictment, 
which describes the charges in detail. They are also given an 
opportunity to review the criminal file following the completion of the 
criminal investigation. Defense attorneys are allowed to visit their 
clients in detention, although conditions reportedly made it difficult 
for attorneys to conduct meaningful and confidential consultations with 
their clients.
    The law provides for the appointment of a lawyer free of charge if 
a suspect cannot afford one; however, this provision was often ignored 
in practice. The high cost of competent legal services meant that 
lower-income defendants often lacked competent representation. There 
were few defense attorneys in remote areas of the country. Public 
centers, staffed on a part- time basis by lawyers, continued to offer 
free advice on legal rights and recourse under the law; however, they 
were not permitted to handle individual cases.
    The federal government funds a limited experimental system of legal 
assistance for indigent persons in 10 regions.
    According to the NGO Independent Council of Legal Expertise, 
defense lawyers were the targets of police harassment. Professional 
associations at federal and local levels reported police efforts to 
intimidate attorneys and cover up their own criminal activities.
    Authorities abrogated due process in continuing to pursue espionage 
cases involving persons, including foreigners who allegedly obtained 
information considered sensitive by security services. 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. Some human rights 
observers contend that the FSB sought to discourage citizens and 
foreigners from investigating problems that the security services 
considered sensitive.
    Human rights organizations and activists identified the following 
individuals as political prisoners: Zara Murtazaliyeva, Valentin 
Danilov, Igor Sutyagin, Mikhail Khodorkovskiy, Platon Lebedev, and 
Svetlana Bakhmina. All were still imprisoned at year's end.
    Zara Murtazaliyeva of Chechnya was convicted in 2005 of preparing 
to carry out a terrorist attack in Moscow in 2004. She was sentenced to 
nine years in a general regime prison. Murtazaliyeva's defense lawyers 
and human rights defenders who monitored her trial maintained that the 
charges against her were fabricated, and some considered her a 
political prisoner. The defense lawyers appealed the verdict to the 
Presidium of the Supreme Court and also filed an appeal with the ECHR 
in 2005. The appeal was pending and Murtazaliyeva remained in prison. 
In June her lawyer requested that she be paroled. There were no further 
developments by year's end.
    Valentin Danilov was serving a 13-year prison sentence for 
allegedly transferring classified technology to China. Colleagues and 
supporters asserted that the information in question was declassified 
over a decade prior to his arrest, leading some human rights 
organizations to consider the case to be politically motivated. In 
2004, the Supreme Court overturned a 2003 jury acquittal, and Danilov 
was retried by a judge and convicted. Danilov appealed to the ECHR, and 
in 2006 his defense attorney appealed the verdict to the Presidium of 
the Supreme Court. Neither court had responded to the appeals by year's 
end. In June 2007, Danilov applied for a pardon; the Presidential 
Pardon Commission declined to pardon Danilov because he had not 
admitted his guilt.
    Igor Sutyagin, a disarmament researcher with the Institute for U.S. 
and Canadian Studies of the Russian Academy of Sciences, was convicted 
in 2004 on espionage-related charges and continued serving a 15-year 
sentence in a maximum security prison for allegedly passing classified 
information about the country's nuclear weapons to a London based firm. 
Sutyagin and human rights groups claimed that he had no access to 
classified information and that the Government sought a severe sentence 
to discourage others from sharing sensitive information with other 
countries. Amnesty International deemed Sutyagin a political prisoner, 
and other domestic and international human rights groups raised 
concerns that the charges were politically motivated and that there 
were problems in the conduct of the trial and the lengthy sentence. In 
2005, Sutyagin was transferred to a colony in Arkhangelsk Oblast, which 
was further from his family than his previous detention place in 
Udmurtiya. Sutyagin appealed to the Supreme Court and the ECHR in 2006; 
the appeals were pending at year's end. In June 2007, the Presidential 
Pardon Commission declined to pardon Sutyagin because he had not 
admitted guilt.
    Mikhail Khodorkovskiy and Platon Lebedev continued to serve eight-
year prison sentences following their 2005 convictions for fraud, tax 
evasion, and embezzlement. On July 16, Khodorkovskiy's lawyers filed 
for parole, and on August 22, a District Court in Chita denied his 
request on the grounds that he had not admitted his guilt and repented 
and that he had violated prison rules, such as sharing food with other 
prisoners. Some viewed the latter as a pretext for the decision. 
Khodorkovskiy's and Lebedev's appeals of their convictions in the 
country's courts were rejected in November 2007 and were pending at the 
ECHR at year's end.
    In late June, after more than a year of investigation, prosecutors 
filed new charges against Khodorkovskiy and Lebedev for money 
laundering and tax evasion, which could extend their imprisonment up to 
15 years. In October, prison authorities placed Khodorkovskiy in 
solitary confinement for 10 days for giving an interview to Esquire 
magazine, a punishment that the Ingondinsky Court in November found to 
be illegal. Also in October the Chita Regional Court rejected an appeal 
by Khodorkovskiy's lawyers against an August decision by a lower court 
to refuse parole. In December, the District Court granted 
investigators' request to extend the defendants' pretrial detention to 
March 2009.
    Both Khodorkovskiy and Lebedev remained in a prison in Chita Oblast 
(3,000 miles from Moscow) despite appeals that sending them to prison 
in an area different from where they lived or were sentenced violated 
the law. In July 2007, the criminal code was amended, allowing convicts 
to be sent to any other region of the country, no longer just to 
``another nearest-neighbor.'' In October the Supreme Court ruled that 
Khodorkovskiy's detention in Chita was legal. The arrest and conviction 
of Khodorkovskiy raised concerns about the right to due process and the 
rule of law, including the independence of courts and the lack of a 
predictable tax regime. Some observers believed that, despite the 
possibility that the charges against Khodorkovskiy may have had some 
merit, he was selectively targeted for prosecution because of his 
politically oriented activities and as a warning to other oligarchs 
against involvement in political or civil society issues or providing 
financial support to independent civil society.
    In December, former Yukos lawyer Svetlana Bakhmina failed to 
receive early parole despite a high-profile campaign to secure her 
release on humanitarian grounds. In April 2006, Bakhmina was convicted 
of tax evasion and embezzlement and sentenced to seven years in prison, 
which was reduced on appeal to six-and-a-half years. At the time of the 
campaign for her release, she had served over half of her sentence, 
which commonly enables a prisoner to apply for parole. Several 
organizations expressed concern about reports regarding Bakhmina's lack 
of access to her children while in custody. Some human rights groups 
considered Bakhmina a political prisoner and claimed that she was being 
held in an attempt to pressure Dmitriy Gololobov, her former boss at 
Yukos, to return from London.
    Bakhshetsyan, head of the Russian Customs Service in the Far East, 
was charged in 2006 with abuse of office. Observers believed that the 
charges were fabricated by local businessmen who were threatened by 
Bakhshetsyan's crackdown on smuggling. Bakhshetsyan remained in 
custody. His trial began in October 2007.
    The criminal procedure code provides that an individual or business 
may seek civil compensation for a criminal violation. The law clearly 
provides for bringing a criminal or civil case on human rights 
violations, but implementation was inconsistent.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law allows officials to enter a private residence 
only in cases prescribed by federal law or on the basis of a judicial 
decision. Authorities did not always observe these provisions in 
practice. The law permits the Government to monitor correspondence, 
telephone conversations, and other means of communication only with a 
warrant and prohibits the collection, storage, utilization, and 
dissemination of information about a person's private life without his 
or her consent. While these provisions were generally followed, 
problems remained. There were allegations of electronic surveillance by 
government officials and others without judicial permission and of 
entry into residences and other premises without warrants by Moscow law 
enforcement. Late in 2007, prosecutors brought several cases against 
law enforcement officers for illegal wiretapping. Illegal wiretapping 
charges have been brought against a former high-ranking member of the 
State Narcotics Control Service, and several former Ministry of 
Internal Affairs officials were being tried in Moscow at the end of 
2007 for conducting illegal wiretaps in exchange for money.
    In July 2007, Boris Kuznetsov, a prominent human rights lawyer, 
filed information with the court in defense of his client, a former 
member of the Federation Council, which included transcripts of 
conversations recorded by the FSB without court authorization. The 
state prosecutor subsequently charged Kuznetsov with revealing state 
secrets, and Kuznetsov fled the country. A number of human rights 
observers described the charges against Kuznetsov as politically 
motivated, since he had represented sensitive high-profile cases, such 
as the family of Anna Politkovskaya and the families of the Kursk 
submarine crew. In February, Kuznetsov received political asylum 
abroad. In September, the case against Kuznetsov was suspended 
indefinitely because of the absence of the defendant. Nonetheless, 
Kuznetsov appealed to the ECHR; the ECHR reportedly accepted the 
request.
    Law enforcement agencies have legal access to telephone and 
cellular telephone company clients' personal information and require 
providers to grant the Ministry of Internal Affairs and FSB 24-hour 
remote access to their client databases. In past years some experts 
opined that this access was unconstitutional, but no legal challenges 
were ever filed.
    The Government requires Internet service providers to provide 
dedicated lines to the security establishment, enabling police to track 
private e-mail communications and monitor Internet activity. On January 
16, the Ministry of Information and Communication officially required 
telecommunications companies and Internet service providers to allow 
the FSB to tap telephone calls and monitor information over the 
Internet. The ministry maintained that no information would be accessed 
without a court order, and there were no new wiretapping cases at 
year's end.
    Human rights observers continued to allege that officers in the 
special services abused their positions by gathering compromising 
materials on public figures. Regional branches of the FSB reportedly 
continued to exert pressure on citizens employed by foreign firms and 
organizations, often to coerce them into becoming informants.
    Federal forces and pro-government Chechen forces reportedly 
abducted relatives of rebel commanders and fighters.

    g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
During the year complex and interlocking insurgencies caused continuing 
instability in the North Caucasus. These included the remnants of a 
nationalist separatist insurgency in Chechnya, a widening Islamist 
insurgency throughout the North Caucasus, violence committed by both 
government and nongovernment actors in Ingushetiya, and continued clan 
warfare among elite groups struggling for power.
    Federal and local security forces were implicated in the excessive 
use of force to quell the insurgencies and engaged in human rights 
abuses, including torture, summary executions, disappearances, and 
arbitrary detentions. Chechen rebels also committed human rights 
abuses, including major acts of terrorism and summary executions. The 
role and number of federal forces decreased considerably, leaving most 
security operations to local forces. In August 2007, federal forces 
were rushed to Ingushetiya following the failure of local forces to 
deal with a deteriorating security situation, and abductions and 
attacks increased. Overall, despite decreases in disappearances and 
killings in some areas, the human rights record remained poor, and 
unrest continued in and around the Chechen Republic and worsened 
considerably in the Republic of Ingushetiya.

    Killings.--The Government used indiscriminate force in areas of the 
North Caucasus with significant civilian populations, resulting in 
numerous deaths. Security forces generally conducted their activities 
with impunity.
    For a second year, there was a significant increase in the number 
of killings, usually by unknown assailants, of both civilians and 
officials in Ingushetiya. Human rights organizations reported that 
there were more killings, attacks, and abductions in Ingushetiya during 
the year than in any other republic in the North Caucasus. Ingushetiya 
authorities, including President Murat Zyazikov, attempted to minimize 
the reporting of the number of abuses and attacks, despite the 
deployment of several thousand additional Interior Ministry troops in 
2007 to stabilize the republic. In October, President Medvedev replaced 
the unpopular Zyazikov with Colonel Yanus-Bek Yevkurov.
    On September 24, unknown assailants in Moscow shot and killed 
Ruslan Yamadayev, a former State Duma member, whose family had been 
involved in high-profile disputes with President Kadyrov. The 
investigation was ongoing at year's end.
    In December three Chechen brothers, Zurab, Akhdan, and Alvi Ilaev, 
were found dead with traces of beating and torture after allegedly 
having been detained by local officials. Local NGOs took the case to 
the Chechen ombudsman, but there were no further developments by year's 
end.
    On January 17, the ECHR found the country responsible for the 
deaths of Khalid Khatsiyev and Kazbek Akiyev in 2000. The two men were 
working with Ilias Akiyev in a field in Arshty, Ingushetiya, when a 
government helicopter allegedly fired on them, killing Khatsiyev and 
Kazbek Akiyev and wounding Ilias Akiyev. The ECHR also found the 
country in violation of the European Convention on Human Rights for not 
properly investigating the deaths and for not providing an effective 
remedy.
    There were no developments reported during the year in the 2007 
police or security force killings of suspected insurgent Ruslan Aushev, 
of Apti Dolokov in the town of Karabulak, of the brothers Said-Magomed 
Galayev and Ruslan Galayev, or of Albert Gorbakov in Malgobek.
    There were no results in the investigation of the 2006 
disappearance of Bulat Chilayev and Aslan Israilov, who were detained 
at a checkpoint near the village of Sernovodsk by armed men thought to 
be members of the Chechen Republic security forces. The Chechen 
Interior Ministry stated that it could not find the abductors. 
According to some reports, Chilayev's and Israilov's relatives were 
told they had been killed on the day of the abduction. Chechen 
officials acknowledged the presence of mass graves and dumping grounds 
for victims. In 2007 Chechen Ombudsman Nurdi Nukhazhiyev reported that 
the remains of approximately 3,000 persons were buried in mass graves 
in Chechnya. Although the ombudsman repeated this statement during the 
year, he took no action to locate these mass graves.
    There were no new developments during the year in the following 
instances of alleged excess use of force by security forces in the 
North Caucasus: the killing of Khaldat Mutakova and wounding of Zalpa 
Mutakova and Zaira Kasumova in Shatoy District, Chechnya; the killing 
of an adult and a child in Khasavyurt, Dagestan; and the killing of 
three persons in a crowded square in the town of Kaspiysk, Dagestan.
    In most cases security forces acted against civilians with 
impunity, and even the limited efforts by authorities to impose 
accountability failed. In December, a court in Ulyanovsk granted early 
parole to Yuriy Budanov, a former tank commander for Russian forces in 
Chechnya, who was convicted in the 2003 rape and murder of an 18-year-
old Chechen woman, Elsa Kungayeva, and had been sentenced to 10 years 
in jail. Thousands of Chechens, along with human rights activists, 
participated in street protests against the decision. On December 30, 
lawyers for the Kungayeva family filed an appeal with the court asking 
that the decision be overturned; however, Budanov was released.
    Periodic killings of government officials were reportedly connected 
with ongoing strife in the North Caucasus. According to Caucasian Knot, 
226 law enforcement officers were killed and 420 were injured during 
the year in the North Caucasus. The Prosecutor's Office of Chechnya 
reported that between 2000 and 2006, 71 criminal cases were opened 
based on actual or attempted assassinations of municipal administration 
leaders or their staff. Of these cases, nine had gone to trial by 
year's end.
    On January 12, assailants shot and killed Anatoliy Kyarov, head of 
the Anti-Organized Crime Directorate of the Ministry of Interior (MVD) 
of Kabardino-Balkaria in Nalchik. In April, Kabardino-Balkaria MVD 
officials announced that they identified Kyarov's killers as an 
insurgent group led by Anzor Astemirov. Authorities had not made any 
arrests at year's end.
    On April 13, assailants shot and killed Deputy Chairman of the 
Supreme Court for Ingushetiya Hasan Yandayev in the suburbs of 
Karabulak City, Ingushetiya. Many observers believed that his killing 
took place as revenge for his involvement in the conviction of more 
than 20 suspected insurgents.
    On December 29, unknown assailants shot General Valeriy Lipinskiy, 
deputy commander of the Dagestan MVD in Makhachkala, in his car. 
General Lipinskiy died in hospital; his wife was injured.
    There were no new developments in the 2006 killings of the 
following: Ingushetiya Ministry of Internal Affairs Lieutenant Colonel 
Musa Nalgiyev, three of his children, a driver, and bodyguard; deputy 
district administrator Galina Gubina; Dagestani prosecutor Bitar 
Bitarov in a car bomb attack; and the administrative head of the 
village of Chechen-Aul, Umar Khatsiyev.
    Federal forces and their opponents continued to use antipersonnel 
mines in Chechnya, although Landmine Monitor reported that Chechen 
fighters increasingly used improvised explosive devices. Landmine 
Monitor reported 39 deaths and 171 casualties overall in the past three 
years from landmines and other unexploded ordnance in Chechnya. The 
number has decreased in each of the past three years, although Landmine 
Monitor stated that casualty numbers were often underreported.

    Abductions.--During the year there were reports of federal and 
local government involvement in disappearances in Chechnya, Dagestan, 
and Ingushetiya. The number of disappearances declined in Chechnya and 
Ingushetiya but remained the same in Dagestan. There were continued 
reports of abductions followed by beatings or torture to extract 
confessions, abductions for political reasons, and kidnappings for 
ransom by criminals. Security forces alleged to be involved in these 
disappearances acted with impunity. Caucasian Knot reported 50 
kidnappings in the North Caucasus, including 15 in Chechnya and 24 in 
Ingushetiya.
    Caucasian Knot and the NGO Memorial alleged that the decrease in 
abductions had resulted in an increase in extrajudicial killings. 
According to Caucasian Knot, during 120 special operations conducted in 
the North Caucasus, 231 members of illegal armed formations were killed 
and 315 militants detained.
    On August 3, according to HRW and local eyewitnesses, 42-year-old 
Chechen Mokhmadsalakh Masaev was abducted by security forces and 
disappeared. Masaev, a Muslim preacher, had previously been accused of 
``Salafism'' by authorities, and police detained and tortured him. He 
had announced his intention to disseminate details on abuses he 
witnessed in Chechnya's detention centers on the day that he 
disappeared. His whereabouts remained unknown at year's end.
    In January 2007, according to Memorial, members of an unknown 
security agency abducted Zelimkhan Kurbanov in Groznyy. He was later 
charged with carrying out terrorist attacks and sabotage in Groznyy. On 
February 13, Interior Ministry police took into custody Kurbanov's 
brother Said Magomed Kurbanov and held him in custody for one day and 
reportedly mistreated him. Federal Interior Ministry police (ORB-2) 
officers reportedly warned Magomed Kurbanov not to tell anyone how they 
treated him and that they still held his brother in custody.
    During the year there were no convictions in the country's courts 
in cases involving disappearances in Chechnya. There were no updates 
during the year in the detention of Ramzan Khasiyev and Shakhid Ipayev. 
In February 2007, Memorial reported that ORB-2 police took Khasiyev and 
Ipayev into custody; they beat Ipayev and tortured Khasiyev with 
suffocation and electric shocks. The two were reportedly released after 
Khasiyev's brother, a member of another law enforcement agency, 
intervened. In March 2007, a criminal case was opened against the ORB-2 
policemen for the torture of Khasiyev. In April 2007, Ipayev was 
detained by federal narcotics police after he testified against the 
ORB-2 officers.
    There were no developments during the year in the disappearance of 
Ramaz Dibirov, Isa Isayev, and Muhamar Mammayev. In late April 2007, 
the three residents of Makhachkala disappeared. According to Memorial, 
the head of the division for combating terrorism of the Dagestani 
Republic Ministry of Internal Affairs told relatives of the men in June 
2007 that they were in police custody. At year's end their whereabouts 
remained unknown.
    There were no developments during the year in the 2007 abduction of 
Vagap Tutakov by armed men in Chechnya. The International Helsinki 
Federation stated that there was reason to believe that he was targeted 
for political reasons. Tutakov, a former member of the Ichkeria 
Parliament to the Parliamentary Assembly of the Council of Europe and 
Aslan Makhadov's Special Representative in Strasburg, had supported 
Chechnya's independence and was critical of Russian policies in the 
North Caucasus.
    In December, the ECHR found the country responsible for the 
disappearance of Chechen Ruslan Kasumov in 2003 and in violation of the 
European Convention on the Protection of Human Rights. Kasumov's family 
was awarded 37,000 euros (approximately $47,300), but there was no 
information on compliance with this decision at year's end.
    There were continued reports during the year that government forces 
took relatives of Chechen rebels as hostages to force them to 
surrender. Law enforcement forces continued arrests not only of 
relatives of rebels but of many persons whom they suspected of possible 
contacts with rebels. Unwarranted searches of homes were also reported.
    In September human rights organizations and international media 
outlets reported that the Chechen government began a widespread, 
concerted campaign of arson in villages and towns designed to punish 
families of suspected insurgents. During the course of three months, a 
number of districts or towns-including Alleroi, Geldagan, Khidi-Khutor, 
Kurchaloi, Samashki, Shali, Shatoi, Nikikhita and Tsenteroi-were 
visited by men in uniforms and black ski masks who herded residents 
outside and then burned their homes. Many of the attacks were 
accompanied by declarations that the homes were being destroyed as 
punishment. The campaign followed explicit threats announced by Chechen 
President Kadyrov and by Groznyy Mayor Muslim Khuchiyev. As part of 
this campaign, on November 3, in the village of Pervomayskaya, Khamzat 
Dzeytov was arrested without explanation. At year's end, Dzeytov was in 
pretrial detention in Groznyy, awaiting trial.
    On November 27, Adi Magomadov was taken to a SIZO of the Chechen 
Interior Ministry and forced to sign a report about his participation 
in a militant group after receiving threats to his family. He was 
released the next day. The Magomadov family did not file a complaint 
out of fear of reprisal.
    There were no developments during the year in the kidnapping by 
Chechen security forces of Doku Umarov's father and sister in 2005; 
their whereabouts remained unknown. Human rights activists suggested 
the kidnappings were attempts to get Umarov, a Chechen commander, to 
surrender.
    Criminal groups in the Northern Caucasus, possibly having links to 
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.
    Although incidents continued, statistics of both authorities and 
Memorial appeared to indicate a continued decline in abductions and 
disappearances in Chechnya compared to previous years. However, human 
rights groups and authorities interpreted the data differently. Human 
rights groups estimated that the numbers were underreported due to the 
reluctance of detainees' relatives to complain to the authorities or 
human rights groups out of fear of reprisals. Citing numerous incidents 
in which unidentified armed men wearing camouflage broke into houses 
and abducted civilians, they expressed skepticism about government 
assertions that regulations governing the behavior of security forces 
were being more closely observed.
    The decline in abductions by federal forces was partly offset by 
the increasing role of the security forces under the command of Chechen 
President Kadyrov, either on their own initiative or in joint 
operations with federal forces. Human rights groups reported that these 
forces were frequently suspected of disappearances and abductions, 
including those of family members of rebel commanders and fighters.
    In April 2007, Kadyrov and other officials announced that steps had 
been taken to remove units from Kadyrov's direct oversight. Kadyrov 
abolished the Chechen Republic's Antiterrorist Center and reorganized 
its forces into two police battalions and subordinated them to the 
federal Ministry of Internal Affairs. Human rights activists contended, 
however, that these forces maintained their loyalty to Kadyrov and that 
he continued to exert control over them.
    According to human rights observers, government forces responding 
to Chechen attacks at times engaged in indiscriminate reprisals against 
combatants and noncombatants.
    Amnesty International reported that federal and Chechen security 
forces targeted female civilians, both in response to terrorist 
bombings carried out by Chechen women and to put pressure on male 
relatives suspected of being rebels.
    There were no developments in the 2006 kidnappings of Yelena 
Yersenoyeva, the widow of Chechen terrorist Shamil Basayev and a 
journalist and HIV/AIDS activist in Groznyy, and her mother.
    During the year the ECHR found the country responsible in 15 cases 
involving the disappearance and presumed death of disappearance 
victims, and for inhuman treatment of families by refusing to provide 
information on the victims' fate. In some cases appellants said that 
they were offered settlements or threatened in an effort to have them 
drop their cases.
    On May 29, the ECHR found the country responsible for the 2002 
disappearance and death of Islam Utsayev, Movsar Taysumov, Idris 
Abdulazimov, and Masud Tovmerzayev, residents of the village of Novye 
Atagi. The men were detained after federal forces conducted a sweeping 
operation in their village and were not seen again. The ECHR further 
found the country in violation for not conducting a proper 
investigation into their disappearances and for suffering caused to 
their families, mistreatment of Utsayev's father, violating the men's 
right to security and liberty, and failure to provide an effective 
remedy.
    On June 26, the ECHR found the country responsible for the death of 
Apti Isigov and Zelimkhan Umkhanov, and also for the lack of an 
effective investigation into their deaths, violation of their right to 
liberty and security, and for the suffering caused to their families. 
The two were illegally detained in Sernovodsk, Chechnya, in 2001.
    On July 3, the ECHR found the country in violation for the 2000 
detention and presumed death of Magomed Umarov. In 2000 security forces 
came to the house of Ruslan Umarov, Magomed's father. They beat Ruslan 
and then detained Magomed when he tried to stop them; his whereabouts 
have been unknown since then. The country was also found in violation 
of the European Convention on Human Rights for failing to investigate 
the detention of Magomed, the ill-treatment of his father, the 
suffering caused to his family, and the absence of an effective remedy 
for these violations.
    In November, the ECHR found the country in violation of the Human 
Rights Convention for the killing of Akhmad Gekhaev and Zalin Mezhidov 
in 2001 during an extralegal detention. Their families were awarded 
compensation of 119,500 euros (approximately $152,776); there was no 
information regarding compliance with the decision at year's end.
    In April and May, the ECHR found the country responsible for five 
human rights violations in the disappearance and killing of Shakhid 
Baysayev and Shamil Akhmadov and awarded their families compensation. 
The ECHR asked the Government to investigate the cases and to bring 
those responsible to justice.
    On June 21, in the case of Bitiyeva v. Russia, involving the 
killing of four members of a Chechen family in 2003, the ECHR found 
that the country violated several articles of the European Convention 
on Human Rights and ordered it to pay 85,000 euros (approximately 
$111,000) compensation.

    Physical Abuse, Punishment, and Torture.--Armed forces and police 
units were reported to have routinely abused and tortured persons in 
holding facilities where federal authorities sorted out fighters or 
those suspected of aiding rebels from civilians.
    In Chechnya and Ingushetiya, there continued to be reports of 
torture by government forces. In March 2007, the Council of Europe 
(COE) Committee for Prevention of Torture published a statement about 
cruel treatment and torture in Chechnya, based on visits to the region 
in 2006 and the Government's comments. The committee noted the 
country's inability to effectively combat torture in Chechnya. In March 
2007, the COE commissioner for human rights, Thomas Hammarberg, visited 
Chechnya and stated that torture and cruel treatment were widespread in 
Chechnya and that those who used torture acted with total impunity. 
Also in March 2007, Amnesty International accused the Government of 
negligence with regard to violations in Chechnya and called on it to 
take immediate steps to eradicate torture, cruel treatment, arbitrary 
detentions, and disappearances, and to prosecute those who committed 
such crimes.
    In 2006, HRW reported that it had documented 115 torture cases in 
Chechnya between July 2004 and September 2006. The report concluded 
that most of the incidents occurred at one of at least 10 unlawful 
detention centers. In 2006, Memorial representatives discovered an 
illegal detention center in Groznyy where detainees were reportedly 
held, tortured, ``disappeared,'' and killed by federal police units 
that had temporarily been assigned to Chechnya. Despite appeals to 
officials to investigate Memorial's allegations, the building, a former 
boarding school for deaf children, was demolished.
    On July 25, 50 armed men, reportedly law enforcement officials, 
forcibly searched the home of Ingushetiya human rights activist Zurab 
Tsechoev without a warrant and abducted him. He was allegedly detained 
and beaten by officials who questioned him about his work with the 
human rights NGO MASHR. There were no further developments in the 2007 
cases of alleged torture and mistreatment by security officers of 
Shamsudi Khadisov, Ramzan Khasiyev, and Mihkail Akbulatov.
    In July, the NGO Forum 18 reported that 59 suspects were still 
being held for the 2005 attack on security service buildings in 
Nalchik. Many of the suspects alleged that they were put on a list of 
extremists before the attack occurred because of their religiousness 
and then, after the attack, they were arrested and tortured to extract 
confessions. Earlier, HRW reported that at least eight detainees were 
mistreated and that lawyers for five detainees were barred from 
representing their clients. Their trial began in Nalchik in October; on 
December 12, the Supreme Court of Kabardino-Balkaria refused to move 
the trial to a different region.
    Ruslan Nakhushev, head of the Islamic Research Institute in 
Nalchik, who sought to promote dialogue between authorities and the 
Muslim community, disappeared in 2005 after being questioned about the 
Nalchik attack by the FSB; in 2006 the Ministry of Internal Affairs of 
Kabardino-Balkaria included him on its list of most wanted criminals. A 
court hearing in Nalchik in November 2007 was inconclusive. At year's 
end, his whereabouts remained unknown.
    According to Memorial, the resumption of zachistki (security 
sweeps) in 2007 added to abuses reported in the North Caucasus. During 
April and May 2007, federal forces and local law enforcement conducted 
sweeps in the villages of Ali-Yurt, Surkhakhi, Gaybek-Yurt, and 
Vosnesenovskaya, and in the town of Malgobek in Chechnya. The sweeps 
lasted for several days and in some cases officers refused to identify 
themselves. In at least one case, security forces also looted homes and 
beat civilians. Similar security sweeps were conducted in Ingushetiya. 
Human rights activists believed that such operations contributed to a 
culture of fear that authorities used to minimize resistance.
    Government forces continued to abuse individuals seeking 
accountability for abuses in Chechnya and continued to harass those who 
appealed to the ECHR. Amnesty International and other human rights 
groups reported reprisals against applicants to the court, including 
killings, disappearances, and intimidation. According to press reports 
and human rights NGOs, by year's end at least six applicants to the 
ECHR had been killed or abducted. In its July 2007 ruling in the case 
of Alikhadzhiyeva v. Russia, the ECHR noted that the relatives of 
disappeared persons and witnesses should be protected from intimidation 
and revenge.
    Chechen Human Rights Ombudsman Nurdi Nukhazhiyev continued the 
practice of his predecessor in not cooperating with the human rights 
NGO Memorial, and he and Chechen President Kadyrov spoke out publicly 
against the NGO.
    The Independent Commission on Human Rights in the Northern 
Caucasus, headed by the chairman of the State Duma Committee on 
Legislation, continued to hear hundreds of complaints, 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 crimes 
by federal and Chechen Republic forces.
    In contrast to past years, there were few reports of Chechen rebel 
fighters committing serious human rights abuses such as terrorist acts 
against civilians in Chechnya and elsewhere in the country or using 
civilians as human shields.
    In a large number of incidents, unidentified persons targeted 
officials in violent attacks. On September 30, an unidentified suicide 
bomber attacked Ingushetiya MVD chief Musa Medov in his car. Medov 
escaped unhurt, but two persons died and several were injured. Medov 
called the attack an attempt to destabilize the situation in the 
republic.
    On November 18, unknown persons made an attempt on the life of 
Sultan Sultanmagomedov, advisor to the mufti of Dagestan. An improvised 
explosive device exploded as he was passing it in his car. 
Sultanmagomedov and his driver were injured and brought to a hospital.
    In February 2007, Mayrbek Murdagamov, the deputy administration 
head of Vedeno District, Chechnya, was killed by an explosive device as 
he was leaving his home. In February 2007, Patriots of Russia Dagestan 
branch leader Eduard Khidirov and his brother were severely injured 
when their car came under fire in Makhachkala. Also in February 2007, 
Vladimir Albegov, a federal judge of Prigorodnyy District Court in 
North Ossetia, was found dead on a road near Vladikavkaz. Albegov had 
disappeared three days earlier. A criminal case was opened, but there 
were no updates at year's end.

    Other Conflict-Related Abuses.--By year's end an estimated 54,606 
persons remained displaced within Chechnya; approximately 4,600 lived 
in temporary accommodation centers, all of which President Kadyrov 
ordered closed in 2007. At the end of 2006, the Office of the UN High 
Commissioner for Refugees (UNHCR) registered 20,075 IDPs from Chechnya 
in Ingushetiya, a fourth of whom remained in temporary settlements. 
Conditions in those centers reportedly failed to meet international 
standards.
    Throughout the year security forces continued to conduct security 
sweeps and passport checks at temporary settlements in Ingushetiya 
housing IDPs from Chechnya. These sweeps sometimes led to reports of 
human rights abuses or disappearances.
    Human rights groups documented illegal detention centers in 
Chechnya and other locations in the North Caucasus where abuses 
continued to occur. Chechen Republic security forces reportedly 
maintained secret prisons in Tsentoroi, Gudermes, and other locations. 
HRW reported it had detailed descriptions of at least 10 unlawful 
detention facilities. Human rights groups reported that officers of the 
federal Ministry of Internal Affairs' Second Operational Investigative 
Bureau illegally detained and tortured persons in its Groznyy offices.
    Since 2004, authorities have refused to grant the ICRC access, 
under ICRC's standard criteria, to those detained as part of the 
conflict in Chechnya, and the ICRC subsequently suspended its detention 
visits. The suspension remained in place.
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 government 
pressure on the media persisted, resulting in numerous infringements of 
these rights.
    The Government used direct ownership or ownership by large private 
companies with links to the Government to control or influence the 
major media outlets, especially television; many media organizations 
saw their autonomy further weaken. The Government used its controlling 
ownership in major national television and radio stations, as well as 
the majority of influential regional ones, to restrict access to 
information about issues deemed sensitive, including coverage of 
opposition political parties and candidates, particularly during the 
2007 State Duma and the March presidential election campaigns. During 
the campaign leading up to the presidential election, COE Parliamentary 
Assembly election observers criticized the unfair access to the media 
for candidates, noting that 80 percent of the campaign's prime-time 
television coverage-itself the primary source of information the public 
receives-was devoted to Dmitriy Medvedev in his capacity as deputy 
prime minister. During the State Duma election, the Organization for 
Security and Cooperation of Europe (OSCE) representative on freedom of 
the media highlighted numerous press freedom abuses, including 
harassment of media outlets, legislative limitations, lack of equal 
access, and arbitrary application of rules.
    Unresolved killings of journalists remained a problem. Mistreatment 
of journalists by authorities included reported cases of abuse, 
including physical assault. The Government severely restricted coverage 
by all media of events in Chechnya and Ingushetiya. There were 
indications that government pressure led reporters to engage in self-
censorship, particularly on issues critical of the Government.
    While the Government generally respected citizens' rights to 
freedom of expression, it increasingly restricted this right with 
regard to issues such as the conduct of federal forces in Chechnya, 
human rights, uncovering corruption, and criticism of the 
administration. Some regional and local authorities took advantage of 
the judicial system's procedural weaknesses and laws with a broad scope 
of applicability to detain persons 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 on occasion resulted in stiff fines.
    Two of the 14 national newspapers are owned by the Government or 
state-owned companies, as are more than 60 percent of the country's 
45,000 registered local newspapers and periodicals. The Government 
continued selective attempts to influence the reporting of independent 
publications. While the largest daily newspaper, Moskovskiy 
Komsomolets, is independently owned, other influential national 
newspapers, including Izvestiya, Rossiyskaya Gazeta, and Kommersant, 
are owned by the Government, persons affiliated with the Government, or 
state-owned companies. Additionally, the Ministry of Defense owned the 
newspaper Krasnaya Zvezda.
    In May, government-affiliated Bank Rossiya purchased a controlling 
stake in Izvestiya from state-owned Gazprom. Under its new ownership, 
Izvestiya maintained a pro-government stance on key policy issues and 
increasingly avoided controversial topics. In 2006 the daily Kommersant 
was purchased by Alisher Usmanov, majority shareholder of the 
Metalloinvest company (in turn affiliated with Gazprom). As a result of 
this change in ownership, Kommersant changed editors, and several 
journalists left the paper; the paper also replaced its opinion and 
comment page with a page that reprinted articles on foreign policy 
issues from international papers. However, there was no discernible 
shift in Kommersant's editorial position.
    In April, the Moscow-based Moskovskiy Korrespondent newspaper 
stopped publishing shortly after running a tabloid-style article about 
former president Putin's personal life. Although the paper denied any 
political reasons for the decision to suspend publication and for the 
editor's resignation, the press freedom watchdog Center for Journalism 
in Extreme Situations said the case was an example of the Government 
using extralegal methods to pressure the media. According to the NGO 
Glasnost Defense Fund (GDF), a warning from media oversight authorities 
caused the closure, and the paper reopened, only to close again later 
in the year due to lack of funds.
    In November, unknown assailants seriously beat independent Khimki 
journalist Mikhail Beketov, publisher of the weekly Khimkiskaya Pravda. 
Beketov's paper had frequently criticized local authorities for 
construction projects that damaged the local environment, and for 
corruption associated with those projects. The attack on Beketov 
prompted the Public Chamber to hold a high-profile hearing at which 
they proposed a center for defense of journalists and a new law 
increasing the punishment for endangering the life of a journalist. 
However, at year's end no results had emerged from these proposals; 
Beketov remained in a coma with an amputated limb as a result of 
sustained injuries; and no arrests were made in the case.
    There are six national television stations. The federal government 
owns Rossiya and a controlling interest in First Channel; state-owned 
Gazprom owns a controlling interest in NTV; government-affiliated Bank 
Rossiya owns a controlling interest in Ren-TV and Fifth Channel; and 
the Moscow city administration owns TV Center. Approximately two-thirds 
of the 2,500 other television stations in the country are completely or 
partially owned by the federal and local governments. The Government 
indirectly influenced private broadcasting companies through partial 
ownership of such commercial structures as Gazprom, which in turn owned 
controlling or large stakes of media companies. This ownership of 
television media often resulted in editorial constraints.
    Influence over editorial policies was not uniform. For example, 
some observers initially alleged that the Ren-TV network's editorial 
line became more pro-government when it was purchased by government-
affiliated Bank Rossiya, but during the year it appeared to provide 
balanced news coverage relative to other television networks.
    Despite a majority ownership of Ekho Moskvy by Gazprom, the radio 
station provided independent coverage of controversial political 
themes, but according to media reports, faced increasing pressure from 
the Government during the year, particularly during the crisis with 
Georgia, including from government officials.
    International media continued to face some impediments to their 
ability to operate freely. In 2007 authorities curtailed a number of 
stations broadcasting Radio Free Europe/Radio Liberty and Voice of 
America news programs, but they continued to produce independent 
reports in Moscow and St. Petersburg. In August 2007 the state 
licensing authorities ordered the British Broadcasting Corporation 
(BBC) World Service's Russian partner, Bolshoye Radio, in Moscow to 
remove BBC programming or lose its license. Bolshoye Radio's decision 
to halt the rebroadcasting of BBC programming and similar decisions by 
two other radio stations eliminated BBC broadcasting on the FM band. As 
a result, the BBC's Russian-language services were available only on 
medium and shortwave broadcasts.
    The Government exerted its influence most directly on state-owned 
media. During the August conflict in Georgia, reporting in state-owned 
or state-controlled media adhered closely to the Government's position. 
Public opinion strongly supported the Government's invasion, and there 
was strong condemnation among the Russian independent media of ``bias'' 
in western reporting of the conflict. Journalists and news anchors of 
Rossiya and First Channel reported receiving ``guidelines'' from 
management prepared by the presidential administration indicating which 
politicians they should support and which they should criticize. 
government-controlled media exhibited considerable bias in favor of the 
former president and current prime minister, Vladimir Putin, and the 
current president, Dmitriy Medvedev. In the campaign before the 
December 2007 State Duma and March presidential elections, state-
controlled print and broadcast media resources overwhelmingly favored 
United Russia, President Putin's party and Deputy Prime Minister 
Medvedev, the ruling party's candidate for president, to the exclusion 
of other parties and candidates.
    The Government maintained ownership of the largest radio stations, 
Radio Mayak and Radio Rossiya.
    The Government owned the national news agencies ITAR-TASS and RIA-
Novosti. In May 2007, the new director general of the Russian News 
Service reportedly established an editorial policy that required at 
least 50 percent of reports about the country to be ``positive'' and 
forbade the mention of some key opposition politicians. The changes 
prompted many staff members to quit in protest.
    In November the General Prosecutor's Office announced that it would 
monitor the media for any ``damaging'' articles that might worsen the 
financial crisis. Soon afterward, the Prosecutor's Office sent a 
warning letter to commentator Yevgeny Gontmakher, who in October wrote 
a column for Vedomosti entitled ``Novocherkask-2009,'' in which he 
envisioned a scenario for the growing economic crisis involving 
widespread sociopolitical upheaval. However, in response to widespread 
protests from Gontmakher's media colleagues, the Prosecutor's Office 
issued a statement indicating that the letter had not been meant as a 
warning.
    On December 29, an organizer for the Ulyanovsk branch of the 
Russian People's Democratic Union (RNDS), Aleksandr Bragin, was 
arrested for posting an article discussing the economic situation in 
the region on the RNDS Web site. The officers of the local Department 
for the Struggle Against Terrorism and Extremism demanded that the 
article be removed from the Internet site, because it ``damages the 
image of the region.''
    In September 2007, a District Court in Moscow postponed hearings in 
the case of political analyst and Yabloko political party member, 
Andrey Piontkovskiy, pending further detailed analysis of his book. 
Piontkovskiy was charged with inciting ``extremism'' through his book 
Unloved Country. Earlier in 2007, after a local branch of the Yabloko 
party published a collection of Piontkovskiy's articles, a court in 
Krasnodar Kray attempted to halt Yabloko's distribution of the book, 
warning the party that it contained passages which violated the law on 
extremism. On December 5, the Basmannyy court in Moscow cleared 
Piontkovskiy of all extremism charges after a panel of independent 
linguists examined the book and found nothing that met the definition 
of extremism. In 2006, the Federal Registration Service (FRS) warned 
the media that references to the banned National Bolshevik Party 
without indicating that it had been banned could be considered 
dissemination of false information and lead to the ``application of 
restrictive, precautionary, and preventive measures.''
    In May 2007, a District Court in Samara sentenced Sergey Kurt-
Adzhiyev, the editor of the local edition of Novaya Gazeta, to a 15,000 
ruble (approximately $630) fine for using unlicensed software on his 
office computer. Kurt-Adzhiyev denied the charges, and his lawyers 
pointed out inconsistencies in the evidence submitted by the 
prosecutors. The paper was unable to publish its Samara edition after 
November 2007.
    In February, immigration officials again denied entry into the 
country to Natalya Morar, a correspondent for The New Times magazine. 
Morar, a Moldovan citizen residing in Moscow, had not been able to 
return to Russia since she was denied entry in December 2007. Morar had 
published investigative articles about the Government's handling of the 
2007 State Duma elections and illegal financial transactions by senior 
government officials. Border officials reportedly told her that she was 
considered a threat to state security and that the order to refuse her 
entry had come from the FSB. After several unsuccessful appeals to the 
country's courts, in August Morar filed a lawsuit with the ECHR. There 
were no further developments at year's end.
    The federal Ministry of Internal Affairs continued to control media 
access to the area of the Chechen conflict. Foreign journalists were 
required to obtain government accreditation to enter Chechnya, but even 
those with proper documents were sometimes refused access. On April 21, 
police in the Chechen capital Groznyy detained Jane Armstrong, a 
correspondent for the Canadian daily Globe and Mail, and her Russian 
interpreter. The police confiscated her reporter's accreditation and 
deported her from Chechnya. Police claimed that she lacked the special 
accreditation required to report from Chechnya and that she had failed 
to clear her itinerary with local law enforcement authorities. There 
were no known detentions of reporters in Chechnya during the year.
    In July, the Investigative Committee of the General Prosecutor's 
Office launched a criminal investigation against Nadira Isayeva, editor 
in chief of the Chernovik newspaper, published in Dagestan, on 
suspicion of publishing articles that ``called for extremist 
activities'' and ``incited hatred or enmity on the basis of 
ethnicity.'' The articles in question alleged widespread corruption in 
the local Interior Ministry. Investigators searched the homes of 
Isayeva and several journalists of Chernovik. In November, the 
Makhakchala District Court found in favor of the ministry and ordered 
Chernovik to publish a retraction.
    In 2006, Moscow journalist Boris Stomakhin, editor of the monthly 
Radikalnaya Politika newspaper, was sentenced to five years in prison 
on charges of inciting ethnic hatred for violent and provocative 
writings. Human rights activists asserted that the severity of the 
sentence was unprecedented. In February his appeal for early release 
was denied, and the NGO For Human Rights, after visiting him in prison, 
reported concerns for his health.
    In July 2007, Kommersant Vlast published an interview with exiled 
Chechen rebel leader Akhmed Zakayev. RosOkranKultura, then the agency 
within the Ministry of Culture that oversaw compliance with the media 
law, asked the General Prosecutor's Office to investigate whether the 
publication violated the law and warned the magazine against violating 
the law in the future. There were no further developments in the case 
during the year.
    In June 2007, the Government reinstated accreditation to the U.S.-
based ABC television network, and reportedly in October 2007 ABC 
assigned a Moscow correspondent who continued to report during the 
year. The Government had withdrawn ABC's accreditation in 2005 after 
ABC News broadcast an interview with Chechen terrorist Shamil Basayev.
    Mistreatment of journalists by authorities was not limited to 
Caucasus-related coverage. The GDF and other media freedom monitoring 
organizations reported cases of abuse of journalists by police and 
other security personnel elsewhere, including physical assault and 
vandalism of equipment. In most instances, the mistreatment appeared to 
have been at the initiative of local officials.
    In December, during a series of protests in response to a planned 
increase in tariffs on imported cars, mistreatment of journalists was a 
problem. Police beat a number of journalists, including correspondents 
of Primorskoye TV, TV Center, NHK, Moskovskiy Komsomolets daily, and 
ITAR-TASS, and destroyed their equipment.
    On November 12, police detained a film crew from Fifth Channel for 
attempting to film footage of a fire in a building in St. Petersburg. 
The journalists were taken to a police station and released shortly 
afterwards.
    On December 14, police in Moscow detained journalists who covered a 
Dissenters' March opposition rally, including correspondents of 
Kommersant daily, Gazeta.ru and Liberty.ru on-line publications, and a 
Ren-TV camera crew. The police released the journalists on the same 
day, after notifying them that they may be charged with participation 
in an illegal rally.
    In December, authorities in Saratov denied correspondents of 
Saratovskiy Vzglyad newspaper access to events during a visit by 
Federation Council Chairman Sergey Mironov. According to the 
newspaper's management, accreditation was denied because of the paper's 
critical articles about the local division of the FSB.
    According to the GDF, 69 journalists were physically attacked and 
five journalists were killed during the year. Eight journalists were 
killed in 2007. In most cases, authorities and observers were unable to 
establish a direct link between an assault and the persons who 
reportedly had taken offense at the reporting in question. Independent 
media NGOs 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. The 
foundation reported that in some cases the killings appeared to be 
related to the journalists' work.
    On March 21, assailants shot Gadzhi Abashilov, head of the local 
branch of the Russian State Television and Radio Company in 
Makhachkala, Dagestan. Law enforcement authorities and Abashilov's 
colleagues believed that his murder was related to his journalistic 
work, including reporting on the situation in Dagestan. In July local 
authorities charged three men with murdering Abashilov. There were no 
further developments in the case at year's end.
    On August 31, a member of the Ingush Interior Ministry shot and 
killed Magomed Yevloyev, owner of the opposition Web site 
Ingushetiya.ru, known for its investigations into local government 
corruption and electoral manipulation. He died from the gunshot wound 
in his head while in the custody of police officers in their car. 
Earlier in August the Moscow City Court upheld a lower court's decision 
to close Ingushetiya.ru on charges that it carried extremist content. 
The Web site's editor in chief, Rosa Malsagova, left the country with 
her three sons and applied for political asylum in France, claiming 
that Ingush officials had threatened her and her family.
    On September 2, two assailants shot Telman Alishayev, a journalist 
from the Islam-focused TV Chirkey, in Makhachkala, Dagestan. He died 
the following day. Alishayev was well-known in Dagestan for his 
criticism of Islamic extremism in the North Caucasus. The Dagestan 
branch of the Federal Investigator's Office opened a criminal case, and 
police identified two suspects in the murder, one of whom was already 
wanted on suspicion of killing local police officers. At year's end 
both suspects remained at large.
    On April 12, unidentified attackers in the town of Dolgoprudniy, 
near Moscow, beat Gregoriy Belonuchkin, parliamentary correspondent of 
the Panorama Publishing House. Belonuchkin reported that in the 
December 2007 State Duma elections, voting results reported by some 
precincts in Dolgoprudniy differed from the official statistics 
released by election authorities. According to Belonuchnik, he received 
repeated telephone threats after his reports had been published. A 
criminal case was initiated, but at year's end no arrests had taken 
place.
    On September 2, unknown attackers in Nalchik, Kabardino-Balkaria, 
severely beat Miloslav Bitokov, editor in chief of Gazeta Yuga 
newspaper. Bitokov was hospitalized with a severe brain concussion. His 
colleagues and relatives strongly believed the attack was related to 
the paper's independent reporting on the economic problems and crime 
situation in the republic. The Investigative Agency of the Kabardino-
Balkaria Interior Ministry stated that it agreed that the attack was 
related to Bitokov's work and opened up a criminal case. However, at 
year's end no arrests had been made.
    On December 23, two men attacked Zhanna Akbasheva, a correspondent 
for the Regnum news agency in Karachay-Cherkessia, while she was 
walking toward the office of a state-funded newspaper, Cherkess Heku. 
The men punched and kicked her, causing damage to her abdomen. 
Akbasheva had written about corruption and press freedom and had 
recently written about a conflict between the Government and Cherkess 
Heku over the paper's refusal to follow a government order to publish 
an open letter critical of the minority Circassian population. The 
attackers warned her that she would suffer worse attacks if she did not 
stop writing about government officials.
    Most high-profile cases of journalists who were killed or kidnapped 
during the year or in earlier years remained unsolved. There were some 
cases where some family and colleagues disagreed with official findings 
in the deaths of journalists, alleging that the deaths were connected 
to their reporting. These included the March 2007 death, officially 
ruled a suicide, of Kommersant military reporter Ivan Safronov after 
falling from a fifth-floor window at the time he was writing a 
sensitive article about the country's plan to sell military equipment, 
and of Aleisk New Television cameraman Vyacheslav Ifanov, who was found 
dead in his garage in April 2007. Authorities determined Ifanov died of 
carbon monoxide poisoning but relatives and colleagues disputed this 
and noted that his body had numerous bruises. Shortly before his death, 
military servicemen severely beat him and destroyed his camera as he 
filmed a report near their base. Ifanov was hospitalized with a 
concussion, but he pressed charges and identified one of the attackers 
prior to his death; however, the case remained stalled due to the 
suspects' military status.
    In June, authorities charged a former police officer and two 
residents of Chechnya in the 2006 killing of prominent investigative 
journalist Anna Politkovskaya in Moscow. An officer from the FSB, whom 
authorities had previously accused of giving Politkovskaya's killers 
her address, was separately charged with extortion and abuse of office. 
Authorities said that the suspected shooter, Rustam Makhmudov, remained 
at large. The trial began in November, continued through December, and 
was still ongoing at year's end. The judge initially ruled that the 
trial would be closed, citing jurors' concerns for their safety; 
however, one of the jurors publicly denied any such concerns, and the 
judge opened the trial, only to reverse again and close it a week 
later, citing the possibility that defendants might reveal state 
secrets. This decision prompted criticism from rights activists, and in 
December the judge once again opened the trial. A number of human 
rights activists, as well as the human rights ombudsman, criticized the 
investigation for focusing only on the shooters without investigating 
who ordered the killing. Politkovskaya's writing was highly critical of 
the war in Chechnya, Chechen authorities, human rights abuses, and 
President Putin's administration; as a result of her writing, she had 
previously received many death threats.
    In March 2007, a Moscow court suspended the trial in the case of 
the 2004 murder of Paul Klebnikov, the U.S. citizen editor in chief of 
Forbes Russia, and the Supreme Court ordered a new trial. The first 
trial was suspended when the lead defendant, Kazbek Dukuzov, failed to 
appear. Prosecutors obtained an arrest warrant for Dukuzov and claimed 
to be searching for him; the case will not resume until he is 
apprehended and brought to court. There were no new developments in the 
case at year's end.
    During the year, a court convicted Georgiy Totoyev, a police 
officer in Vladikavkaz, of the June 2006 beating of Channel One 
reporter Olga Kiriy and sentenced him to three-and-one-half years' 
imprisonment.
    On April 4, the Investigative Committee of the General Prosecutor's 
Office opened a murder case in connection with the 2003 death of Yuriy 
Shchekochikhin, a member of the State Duma and deputy editor of the 
newspaper Novaya Gazeta. According to the official diagnosis, 
Shchekochikhin died in a Moscow hospital of a severe allergic reaction 
to an unknown substance; however, some speculated that he was killed 
because of allegations he made about high-level corruption. At the time 
of his death, Shchekochikhin was investigating allegations of FSB 
responsibility for a series of 1999 apartment building bombings and the 
purported involvement of senior officials of the FSB and General 
Prosecutor's Office in smuggling goods through FSB storage facilities.
    In September 2007, police officers in Kazan assaulted Natalya 
Petrova, an independent filmmaker known for her criticism of government 
policies in Chechnya. The attackers also assaulted her daughters and 
mother. No investigation into the assault was launched during the year. 
According to the GSF, at year's end Petrova had left the country and 
her family had not reported any additional harassment.
    There were no developments in the case of three REN-TV journalists 
and Memorial's Oleg Orlov, who in November 2007 suffered kidnapping and 
beating in Ingushetiya; they were there to cover an opposition 
political demonstration and also reportedly filmed a special forces 
operation the day before during which a young boy was killed by stray 
gunfire. At year's end no investigation had been opened into the 
attack.
    Authorities at all levels used their authority, sometimes publicly, 
to deny access to journalists who criticized them. One method was to 
deny the media access to events and information, including filming 
opportunities and statistics theoretically available to the public.
    On January 26, police in Ingushetiya detained correspondents from 
Radio Liberty/Radio Free Europe, Ekho Moskvy radio, Novaya Gazeta, RIA 
Novosti, Tvoy Den, and television crews from Channel 5 and Rossiya TV, 
for attempting to cover an opposition rally. Some of the journalists 
were released within hours, although others spent two days in 
detention. Police beat three of them.
    During the March 2 presidential elections, law enforcement officers 
and election workers barred correspondents from polling stations in 
Moscow, Rostov-on-Don, and Astrakhan. During the 2007 State Duma 
election campaign, there were widespread reports of authorities 
pressuring the media to cover United Russia and not give equal coverage 
to opposition parties.
    Through legislation and decrees, the Government curtailed freedom 
of the press. In July 2007, the Government enacted a law that expanded 
the definition of extremism and provided law enforcement officials with 
broad authority to suspend media outlets that did not comply with 
restrictions. Media freedom advocates expressed concern that this broad 
interpretation of extremism could create a basis for government 
officials to stifle criticism and label independent reporters as 
extremists. On October 1, the State Duma Security Committee introduced 
an amendment to the current law that will enable authorities to close 
any organization deemed extremist by submitting charges to the court 
which cannot be challenged by the accused. In November, in the context 
of rising concerns over the economy, the General Prosecutor's Office 
announced that it would monitor the media for any ``damaging'' reports 
that might exacerbate the financial crisis. Prime Minister Putin also 
publicly admonished media not to print anything ``unpatriotic,'' and 
media members were told to avoid using the word ``crisis'' in reference 
to the situation.
    Officials or unidentified individuals sometimes used force or took 
extreme measures to prevent the circulation of publications that were 
not favored by the Government. On February 27, the entire issue of the 
Orlovskaya Iskra daily newspaper was stolen from a local distribution 
company. The newspaper journalists said the issue contained stories 
that cited financial violations by officials of the administration of 
Oryol region. On April 23, police in Barnaul seized copies of the 
Barnaulskiy Listok daily newspaper, without providing a justification. 
The newspaper's staff said that police threatened to put several 
journalists in custody if they resisted the confiscation. The 
newspaper's publisher Sergey Mikhaylov said that the seized issue 
included a critical article about Altayskiy region Governor Aleksandr 
Karlin. Mikhaylov filed a complaint with the Regional Prosecutor's 
Office, which found no grounds for legal prosecution of the police. In 
May, authorities in Ingushetiya banned the local magazine Dosh from 
newsstands for publishing an interview with former Ingush president 
Ruslan Aushev, which Dosh's editor said had occurred in 2004.
    Government officials occasionally used legal actions against 
journalists and media outlets in response to negative coverage. The GDF 
estimated that at least 46 criminal cases and more than 200 civil cases 
were brought against journalists during 2007. Although the law 
prohibits courts from imposing damages in libel and defamation cases 
that would bankrupt the media organization, one NGO reported that local 
courts did not always follow this in practice. The GDF noted that 
during the year the courts upheld civil defamation claims against 
journalists in 48 cases for amounts equivalent to approximately 9.5 
million rubles ($261,104). This represented a sharp increase from the 
2007 figure of 3.5 million rubles ($96,196).
    Some NGOs alleged that authorities continued to target media 
outlets and organizations which are in opposition to the administration 
by raiding them for pirated software. According to the GDF and other 
media NGOs, there were some instances of authorities using 
investigations into intellectual property rights violations (i.e., 
software piracy) to selectively confiscate computers and pressure media 
across the country.
    On February 1, police searched the office of Tolyattinskoye 
Obozreniya newspaper in the Samara region and confiscated the 
newspaper's computers on suspicion it had used pirated software. The 
newspaper's management asserted that the police raid was in retaliation 
for its positive comments about a candidate in the upcoming mayoral 
election who was critical of the ruling United Russia party. In 
January, authorities attempted to seize issues containing articles 
about the candidate.
    In May 2007, police in Samara seized computers from the offices of 
Novaya Gazeta and an organization that was coordinating an 
antigovernment protest. Also in May 2007, police in Tula confiscated a 
computer from the political movement the Popular Democratic Union. In 
July 2007, law enforcement authorities confiscated the computers of the 
Nizhniy Novgorod offices of Novaya Gazeta; some alleged that this was 
part of a broader action against human rights organizations in that 
city. In late August 2007, Nizhny Novgorod police raided the offices of 
the Tolerance Support Foundation and the Nizhny Novgorod Human Rights 
Society, as well as Novaya Gazeta, allegedly searching for unlicensed 
computer programs. The police confiscated computers from the Tolerance 
Support Foundation, disrupting its work, and from Novaya Gazeta, 
preventing the newspaper from publishing its next issue.
    Some authorities used the media's widespread dependence on the 
Government for transmission facilities, access to property, and 
printing and distribution services to discourage critical reporting, 
according to the GDF and media NGOs. 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 the price of printing at state-
controlled publishing houses, to apply pressure on private media 
rivals. The GDF noted that this practice was more common outside the 
Moscow area.

    Internet Freedom.--The Government did not restrict access to the 
Internet. Individuals and groups could generally engage in the peaceful 
expression of views via the Internet, including by e-mail, but traffic 
was reportedly monitored by the Government. The Government continued to 
require Internet service providers to install, at their own expense, a 
device that routes all customer traffic to an FSB terminal called the 
``system for operational investigative measures'' that enabled police 
to track private e-mail communications and monitor Internet activity. 
There appeared to be no mechanism to prevent FSB access to the traffic 
or private information without a warrant. The FSB was not required to 
give telecommunications companies and individuals documentation on 
targets of interest prior to accessing information.
    In April, law enforcement authorities in Omsk ordered 
administrators of the popular local Internet forum Omskiy Forum to 
provide personal information about forum participants who posted 
comments critical of local authorities. Omskiy Forum stated in an open 
letter that its Internet service provider had provided the Ministry of 
Internal Affairs with Internet addresses used by forum contributors.
    On July 7, a court in Syktyvakar sentenced blogger Savva Terentyev 
to a suspended one-year prison term for extremism, for inciting hatred 
against a ``social group'' by posting a comment in an online discussion 
on LiveJournal about the elections in Komi and police corruption, and 
calling for the police to ``burn in the squares of Russian cities.'' A 
linguistic examination conducted by the Scientific Center of the Komi 
Republic alleged that Terentyev's comment aimed to stir up hatred and 
humiliate persons belonging to a ``social group.'' A number of NGOs and 
rights activists criticized the court's ruling, asserting that the 
broad interpretation of extremism legislation was used to target 
criticism of authorities, and questioned the classification of police 
as a ``social group.''
    On April 22, an Internet service provider in Kirov stopped 
supporting the Internet site of Vyatskiy Nablyudatel newspaper, citing 
an order from the local office of the Ministry of Internal Affairs that 
the site be shut down for ``calling for extremism'' and ``inciting 
hatred and enmity towards the Government of the Kirov region.''
    The Government generally did not impose content restrictions, 
except in a few cases where the law on extremism was applied. In 
contrast to other forms of media, the Government does not require Web 
sites to register as mass media, and unregistered Web sites were not 
subject to administrative sanctions. Postings on the Internet were 
subject to the same restrictions that applied to other types of 
expression, and some bloggers were charged with inciting hatred for 
their Internet postings. A State Duma proposal in April to amend the 
law on media to define Internet sites as mass media and place them 
under greater government control did not pass. Internet forums, 
including blogging services, continued to serve as a more open media 
vehicle for expressing political views. Bloggers, including journalists 
and politicians, used online diaries in the run-up to the December 2007 
State Duma and March presidential elections to express views about the 
campaign.
    In August 2007, Dmitriy Shirinkin, a blogger from Perm, was charged 
as a ``telephone terrorist'' after he posted a fictional work that 
authorities considered an announcement of intent to commit a terrorist 
act.
    There was widespread and growing access to the Internet through 
home, work, or public venues. Approximately 25 percent of adults had 
Internet access, almost all of whom used the Internet at least once a 
month.

    Academic Freedom and Cultural Events.--The Government did not 
restrict academic freedom; however, human rights and academic 
organizations believed the continued imprisonment of disarmament 
researcher Igor Sutyagin, physicist Valentin Danilov, and others 
inhibited academic freedom and contact with foreigners on subjects that 
the authorities might deem sensitive.
    On February 12, authorities in St. Petersburg suspended all 
activities at the private European University, allegedly due to fire 
safety violations. Activists said that they believed the decision was 
related to a grant the university received from the European Union in 
2007 to study the country's elections. The university decided to 
discontinue the research project, and city authorities then declared 
the university free of fire safety violations. The university reopened 
in March.
    On April 13, in Pskov, the OMON disrupted the opening of an art 
exhibit by Natalya Chernova because of its political content. The 
police came to the opening and began to take down the names of the 
organizers and visitors. Chernova was a member of National-Bolshevik 
``Decembrist'' group that tried to take over the presidential 
administration building, for which she was imprisoned from 2004-06.
    In June 2007, a Moscow district prosecutor opened a criminal case 
against Yuriy Samadurov, director of the Sakharov Center, for 
instigation of ethnic and religious hatred because the center had 
hosted a provocative art exhibit in March of that year. Samadurov 
subsequently resigned as director of the center, and the Prosecutor's 
Office formally presented Samadurov with the charges against him on May 
15. The case remained ongoing at year's end.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly, but local 
authorities increasingly restricted this right in practice.
    Permits are required for public meetings, demonstrations, or 
marches, and must be requested between five and 10 days before the 
event. Local elected and administrative officials selectively denied 
some groups permission to assemble or offered alternate venues that 
were in inconvenient locations. Permits are not required for religious 
gatherings and assemblies, and unlike past years, there were no 
reported incidents of authorities denying religious groups access to 
venues where they could hold assemblies. According to the Moscow 
Prosecutor's Office, during the year there were approximately 1,500 
public rallies in the country, of which 150 were unsanctioned.
    On January 26, police dispersed several hundred opposition 
demonstrators, and arrested 30 to 40 persons, including at least 10 
journalists and human rights representatives covering the demonstration 
in Nazran. This followed the FSB's January 25 order that banned 
demonstrations and restricted movement in several districts of Nazran.
    In July, several human rights activists from Nizhny Novgorod, 
Kirov, and Samara filed an application with the Constitutional Court 
regarding restrictions on freedom of rallies. Authorities can deny 
permission for a rally if it will interfere with traffic or if another 
rally is being held at the same place; however, the activists alleged 
that their request for permission was actually denied for political 
reasons. The activists had not received a response from the court by 
year's end.
    On May 6, the opposition group Other Russia attempted to organize a 
Dissenters' March to register disapproval of President Medvedev's 
inauguration. Moscow authorities refused to issue permits for a march 
or demonstration, and Other Russia cancelled the event. However, at the 
planned time for the march, police arrested 50-60 Other Russia members, 
in locations away from the site of the cancelled rally.
    On June 1, after a number of gay rights activists were repeatedly 
denied permission to hold parades, gay pride organizers held two 
demonstrations in Moscow. Organizers had announced that the 
demonstration would take place across the street from the mayor's 
office, and police and counter-protesters gathered there to confront 
them. However, the organizers secretly notified participants of a 
different location and, in contrast to the banned parade in 2007, a 
short march took place largely free of violence. The human rights 
ombudsman criticized the mayor's policy of denying permission for gay 
parades. In October, the Moscow City Court upheld a ruling by the 
Tverskoy District Court banning 10 marches that were part of the gay 
parade.
    On November 13, unknown assailants attacked activist Karine 
Clement, director of the Institute for Collective Action, with a 
syringe near the Lubyanka Metro station in Moscow. She was on her way 
to a meeting of an organization devoted to defending local housing 
rights. Clement had suffered other attacks in the past, including two 
in the preceding week, from assailants who expressed displeasure with 
her support of leftist movements.
    On December 14, Other Russia held a Dissenters' March in Moscow 
protesting changes to the constitution lengthening presidential and 
Duma terms. Moscow City Hall officials rejected three proposed march 
routes, and police visited Other Russia member Mikhail Makarov and 
attempted to force him to record a video saying he would not organize 
the march. However, the Dissenters' March proceeded without 
authorization, and police-who outnumbered the protesters-detained 
approximately 100 participants, in some cases using violence, including 
in one instance dragging a woman by her hair. Most detainees were 
released, but many were ordered to appear in court later and to pay a 
fine. On the same day, the pro-Kremlin Nashi youth movement rallied 
near the Kremlin; authorities allowed this as part of what many 
observers called a pattern of encouraging government-friendly rallies 
while preventing politically sensitive demonstrations.
    On December 21, OMON special forces from Moscow beat protesters in 
Vladivostok who were displeased with a planned increase in tariffs for 
imported automobiles.
    In May 2007, participants in a Moscow gay rights demonstration were 
assaulted by counterdemonstrators. Security forces did not protect the 
demonstrators and arrested approximately 25 gay rights activists.
    Throughout 2007, authorities participants and organizers of various 
``Dissenters' Marches'' were harassed by authorities. In April 2007 in 
Moscow and St. Petersburg, police detained more than 300 participants 
in the Marches of Dissenters and beat 35 persons. In May 2007, Ilya 
Gureyev and Mikhail Gangan, two organizers of the Samara March of 
Dissenters, were arrested; Gureyev was sentenced to six months' 
imprisonment and Gangan was sentenced to house arrest. Journalists and 
human rights activists were also detained. Other Russia representatives 
and accompanying journalists were also prevented from traveling to 
Samara to cover the event.
    In May 2007, police took Other Russia organizer Dmitriy Treshchanin 
to a draft commission, where he was found eligible for military service 
and ordered to report for duty later in the month.
    Red Youth Vanguard leader Sergey Udaltsov was detained at 
Sheremetyevo Airport in June 2007 on his way to St. Petersburg.
    In April 2007, Lev Ponomarev, head of the Movement For Human 
Rights, his wife, and three young representatives of youth 
organizations were arrested while walking along the street downtown 
Moscow and delivered to the Krasnoselskoye interior affairs department.
    In August 2007, the militia dispersed a protest in support of a 
hunger strike by the group Mothers of Dagestan, who worked on behalf of 
families of persons who have disappeared in the conflict in the North 
Caucasus.
    In August 2007, the Popular Democratic Union, led by former prime 
minister Mikhail Kasyanov, was refused use of a hotel in Yekaterinburg 
for their conference. The hotel claimed it did not provide 
accommodation for political events. However, in 2006 United Russia held 
its conference in the same venue.
    In August 2007, following a demonstration at the United Russia 
offices in St. Petersburg, police arrested 10 protesters, injuring 
three of them, including United Civil Front leader Olga Kurnosova.
    In October 2007, an international conference in honor of Anna 
Politkovskaya in Nizhniy Novgorod was cancelled after authorities 
raided the offices and seized the computers of the organizers, the Fund 
to Promote Tolerance. Participants found their hotel reservations 
cancelled, and the bank holding the funds to pay for the conference 
refused to transfer the funds to the organizers.
    In November 2007, authorities forcefully intervened to break up or 
prevent opposition protests in a number of cities, including Moscow, 
St. Petersburg, Nizhniy Novgorod, and Nazran. Authorities detained 
opposition leaders, including Yabloko youth leader Ilya Yashin, Union 
of Right Forces Duma candidates Boris Nemtsov and Nikita Belykh, as 
well as human rights activists. Following an attempt to lead a march to 
the Central Election Commission, police arrested Other Russia leader 
Garry Kasparov. He was sentenced to five days in jail during an 
abbreviated hearing, in which he had only last-minute access to his 
lawyer and was not provided the opportunity to present witnesses. In 
Ingushetiya two protests over human rights abuses by authorities were 
reportedly broken up. Authorities reportedly fired upon a crowd of 
demonstrators in Nazran.
    In 2006, the Government restricted freedom of assembly in many 
instances, with disproportionate actions and representation by police, 
FSB, and special forces. For example, police detained hundreds of 
opposition activists ahead of and during a Dissenters' March in Moscow; 
police in Ingushetiya arrested rights activists and violently broke up 
a rally in memory of murdered reporter Anna Politkovskaya; and during 
the G-8 Summit in St. Petersburg, human rights activists claimed 577 
alleged incidents of illegal action by law enforcement officials 
against protesters, including short-term detentions on dubious charges 
such as ``verbal abuse'' and preventing protesters from traveling by 
bus or train to protest sites.
    In 2006, authorities prevented participants from attending an Other 
Russia conference in Moscow through threats or detentions and removing 
them from trains or aircraft en route to the city. Tactics reportedly 
included summoning attendees to police departments, coercing from them 
written promises to stay at home, and threatening them with detention 
on administrative charges. Some participants were reportedly attacked 
before the conference.

    Freedom of Association.--The law provides for freedom of 
association, and the Government generally respected this right; 
however, there were notable exceptions. Public organizations must 
register their bylaws and the names of their leaders with the Ministry 
of Justice. Several organizations were forced to suspend programmatic 
activities while registration was pending.
    The law requires that political parties have 50,000 members 
nationwide and at least 500 representatives in each of half of the 
country's regions with no fewer than 250 members in each of the 
remaining regions to be registered.
    The finances of registered organizations are subject to 
investigation by the tax authorities, and foreign grants must be 
registered. A decree from the prime minister in June removed tax-exempt 
status from the majority of NGOs, including international NGOs, and 
imposed a potentially onerous annual registration process for those 
which met the proposed requirements. Many NGOs interpreted the decree 
as a further step to restrict NGO funding. Authorities subjected some 
NGOs to lengthy investigations of their finances or delayed the 
registration of their foreign financed programs. Some NGOs said that 
these actions were intended to restrict their activities. For smaller 
NGOs without the organizational capacity to respond to tax 
investigations, such investigations had a more crippling effect on 
operations. In several cases authorities seemed to selectively apply 
these tax requirements to threaten organizations with possible closure.
    On July 25, human rights defender Zurab Tsechoev, working for the 
human rights organization MASHR (peace) in Ingushetiya, was taken away 
from his home in Troitskaia by armed men in federal law enforcement 
vehicles. A few hours later he was found on a roadside near Magas, the 
capital of Ingushetiya, with serious injuries requiring 
hospitalization. At year's end, no investigation had been opened.
    In December, the newly formed Solidarity movement, composed of a 
number of liberal groups, held its founding conference in the Moscow 
suburb of Khimki. The groups attempted to found the organization months 
earlier in Moscow, but authorities repeatedly thwarted their attempts 
to find a venue, citing a myriad of pretexts. Venue owners also 
expressed fear of allowing their premises to be used. The December 
meeting, however, took place without incident.
    On December 15, new charges of assault were reportedly launched 
against Maksim Reznik, who had been detained in March. Following the 
Dissenters' March on December 14, an unknown individual poured a bucket 
of mud onto Reznik. Reznik and his supporters then detained and 
delivered the attacker to the police. A few hours later, the police 
summoned Reznik to the police station and informed him that instead he 
might be charged with assault based on a complaint filed by the 
individual who had attacked him. There were no additional developments 
at year's end.
    In July 2007, the St. Petersburg branch of the FRS sent the results 
of its investigation to three NGOs that had legally accepted foreign 
funding to promote human rights, democracy, protection of the 
environment, and immigrant rights and began liquidation proceedings 
against them. The FRS later rescinded proceedings against two of them, 
St. Petersburg Bellona and Citizens Watch, but continued against the 
Center for Educational and Research Programs (CERP), which it accused 
of tax evasion and interfering with Russian government agencies. The 
center advised other NGOs in the northwest part of the country how to 
comply with the 2006 amendments to the NGO law. On February 14, a court 
ruled to close the center, and the order was carried out. CERP filed a 
complaint with the ECHR, but it had not yet been heard at year's end. 
The CERP director later founded a new NGO specializing in legal 
assistance to NGOs.
    The 2006 NGO law introduced strict oversight of NGOs by the FRS, 
now a part of the Ministry of Justice. The law imposed stringent 
registration requirements for NGOs, particularly the branch offices of 
foreign NGOs; strict monitoring of organizations; extensive reporting 
requirements on programming and activities; and some limitations on the 
participation of foreign citizens. The law enabled more intrusive means 
for the Government to scrutinize all forms of NGOs and granted the FRS 
discretion to deny registration or shut down an organization based on 
vague and subjective criteria. All NGOs who attempted to reregister 
their organizations were ultimately successful. On March 19, the FRS 
informed 43 international organizations that they would need to 
reregister under a more burdensome requirement. Beginning October 1, 
the FRS, formed in response to the 2006 law, shifted back to the 
Ministry of Justice. In the transition period, this shift reportedly 
created confusion and difficulty for some NGOs, particularly in some 
regions, as they attempted to fulfill registration requirements.
    In May 2007, the Tula office of the Popular Democratic Union, the 
movement lead by former prime minister Mikhail Kasyanov, was subjected 
to a financial inspection by law enforcement. Officials arrived at the 
office, interrupting a meeting of 70 participants, 20 of whom were 
arrested.
    The Government at times applied restrictions in a discriminatory 
manner. For example, in June 2007 the Government used a personal 
administrative violation by the director of Educated Media Foundation 
(EMF), also known as Internews Russia, an NGO promoting professional 
and independent media, as a pretext to seize the computers and 
financial records of the organization. The EMF director, Manana 
Aslamazyan, was charged with an administrative violation when she 
failed to properly declare the currency she brought into the country. 
Authorities subsequently elected to charge her with a criminal offense. 
Human rights advocates argued that the case against Aslamazyan was 
politically motivated and that the infraction would normally be treated 
as an administrative, not criminal, violation. Internews was forced to 
curtail its activities, and in November 2007, a court approved 
Internews' request to close the NGO by March. In May the Constitutional 
Court ruled that the smuggling charges against her were 
unconstitutional.
    In 2006, the Government amended the law ``On Countering 
Extremism,'' increasing concerns among many that the amendments may 
restrict freedom of association and legitimate criticism of the 
Government. In July 2007, and again in October, the Government enacted 
additional amendments that expanded the definition of extremism. 
Critics feared that even the threat of application of the law could 
have a chilling effect on NGOs and associations. In October, the 
Government amended the law on extremism to make it easier to bring 
cases against an organization.
    Some senior officials made critical statements during 2007 that 
contributed to, and reflected, increased suspicion of NGO activity. In 
February 2007 in Munich, then president Putin stated that Russia 
considers NGOs that receive financing from other governments to be 
instruments of foreign influence. In November 2007, then president 
Putin called those who receive funding from foreign embassies 
``jackals'' who want to divide and disorient the country.
    In 2006, the Russian Federal Tax Service filed a tax claim against 
the Center for International Legal Defense, an NGO headed by one of 
former Yukos CEO Mikhail Khodorkovskiy's lawyers, after it was audited 
by tax inspectors. During the year, the center continued to be targeted 
for harassment, including irregular administrative inspections.
    The Supreme Court considered Hizb ut-Tahrir a terrorist 
organization, and 46 persons were convicted of being members, including 
11 convicted during 2007. Of these, 29 were serving prison sentences 
ranging from 11 months to four-and-a-half years.
    A number of political parties have had their registration revoked 
or denied since 2006, including the National Bolshevik Party, the 
Republican Party, the political party Great Russia, and the Popular 
Democratic Union, former premier Mikhail Kasyanov's political movement.

    Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice. Although the constitution provides for the equality of all 
religions before the law and the separation of church and state, the 
Government did not always respect these provisions in practice. 
Conditions improved for some minority religious groups while remaining 
largely the same for most, and government policy continued to 
contribute to the generally free practice of religion for most of the 
population.
    Religious groups do not need to register with the Government in 
order for members to practice their faith, but the law requires all 
religious groups that want legal status (needed in order to open bank 
accounts, purchase property, or enter into contracts) to register with 
the Government. The law prevents religious groups who have existed in 
the country for fewer than 15 years from registering as legal 
organizations. According to the FRS, 21,963 religious organizations had 
registered with the Government as of January, an increase of 443 from 
2006. Local courts largely upheld the right of nontraditional groups to 
register or reregister, but a few religious groups continued to contest 
denials of registration in the courts. In some cases, government 
officials refused to comply with court orders to register certain 
groups such as the Salvation Army in Moscow. According to Vice Chairman 
of the Commission for Religious Associations Andrei Sebentsov, 
approximately 800 religious organizations were dissolved in 2007. In 
October, the Government circulated a list containing approximately 20 
religious organizations slated for possible liquidation, but there were 
no further developments at year's end.
    The country does not have an official state religion, and the law 
recognizes Russian Orthodoxy, Islam, Judaism, and Buddhism as 
``traditional.'' The Russian Orthodox Church is the dominant faith in 
the country, and while no faith holds legal privileges or advantages, 
in practice the Russian Orthodox Church maintained a preeminent status 
and a number of formal and informal agreements with government 
ministries on matters such as guidelines for personal education, 
religious training for military personnel, and law enforcement and 
customs decisions. These agreements give the Russian Orthodox Church 
far greater access than other religious groups to public institutions, 
such as schools, hospitals, prisons, and the military. The onset of the 
economic crisis late in the year led the Orthodox Church and Orthodox 
social groups to seek aid from the Government.
    Some human rights groups and religious minority groups criticized 
the procurator general for encouraging legal action against some 
minority religions and of giving official support to materials that 
were biased against Muslims, Jehovah's Witnesses, the Church of Jesus 
Christ of Latter-day Saints (the LDS Church), and others. There were 
credible reports that individuals within the federal security services 
and other law enforcement agencies harassed minority religious groups, 
investigated them for purported criminal activity and violations of tax 
laws, and pressured landlords to renege on contracts.
    The Ministry of Justice, which absorbed the duties of the abolished 
FRS and other federal and local authorities, continued to restrict the 
rights of a few religious minority groups. Legal obstacles to 
registration under the Law on Religions disadvantaged some religious 
groups considered ``nontraditional.'' The 2006 NGO law contained 
provisions that applied to registered religious organizations. That law 
permits government inspections of religious organizations and 
attendance at some public events with advance notice. Registered 
religious organizations must provide annual financial reports and other 
documents upon request to the Ministry of Justice and report within 
three days any changes in the organizational leadership or address. 
However, according to Forum 18, Ministry of Justice officials could not 
explain which government agencies, other than the tax inspectorate, had 
the right to initiate the closure of religious organizations.
    Some regional officials used contradictions between federal and 
local laws and varying interpretations of the law to restrict the 
activities of religious minorities. According to many observers, local 
governments were more susceptible to pressure from the local religious 
majority and therefore were more likely to discriminate against local 
minority religious communities. However, there were only isolated 
instances in which local officials detained individuals engaged in 
public discussion of their religious views, and these incidents were 
usually resolved quickly.
    The human rights ombudsman received 20 complaints from different 
churches and religious organizations throughout the country in 2007. 
There were also a substantial number of complaints of religiously 
motivated violence.
    On June 10, the Supreme Court ruled that the March 24 decision of a 
Smolensk regional court to dissolve a local Methodist church was 
unlawful, because it had run a Sunday school without obtaining an 
educational license, but the Supreme Court ultimately ruled that the 
church did not need this license.
    The federal government banned only one religious organization, Hizb 
ut-Tahrir, which it designated as a terrorist organization. There were 
indications that the security services, including the FSB, treated the 
leadership of some other Islamic groups as security threats. The 
republics of Dagestan and Kabardino-Balkaria have laws banning 
extremist Islamic Wahhabism, but there were no reports that authorities 
invoked these laws to deny registration to Muslim groups.
    Some observers said that police harassment, detention, and torture 
of Muslim clerics and alleged militants in the Kabardino-Balkaria 
Republic increased after a 2005 rebel attack on the Nalchik police 
headquarters. In contrast with the period following the 2004 hostage-
taking in Beslan, when authorities increased the number of criminal 
``extremism'' cases against Russian and foreign Muslims, during the 
year such cases were specific and isolated.
    In May, police opened a criminal case against Aslambek Ezhayev, the 
Moscow-based publisher of ``The Personality of a Muslim'' by Arab 
theologian Muhammad Ali Al-Hashimi Ezhayev, for incitement to religious 
hatred. In December 2007 the publication had been placed on the list of 
banned extremist literature. On October 8, Forum 18 News Service 
reported that the economic crimes police searched the publishing 
department offices at Moscow's Islamic University for six hours and 
seized computers and books. The police determined that the accounts 
were in order but passed the materials to the Prosecutor's Office for 
the criminal case.
    The law recognizes three categories of religious communities 
(groups, local organizations, and centralized organizations) with 
different levels of legal status and privileges. The Church of 
Scientology had faced the greatest difficulties in registering branches 
as religious organizations. The law requires religious groups to have 
had at least a 15-year presence in the country before becoming eligible 
to register as a legal organization.
    The Church of Scientology challenged this provision of the law at 
the ECHR; the case was ongoing at year's end. A 1997 Supreme Court 
ruling grandfathered religious organizations that had registered before 
the 1997 law took effect, but the Church of Scientology had only one 
local organization (in Moscow) that was legally entitled to reregister. 
In 2007, the ECHR ruled that Moscow authorities violated the religious 
freedom rights of the Church of Scientology by refusing to reregister 
that Moscow branch. The Government appealed the decision.
    There continued to be some restrictions on establishing, building, 
or maintaining places of worship and training sufficient clergy to 
serve believers. For example, Jehovah's Witnesses have had difficulty 
getting permits to build assembly halls in some regions. In Zlatoust, 
Chelyabinsk Oblast, local authorities first provided the Jehovah's 
Witnesses with a plot of land to build a Kingdom Hall, and in April 
they began holding meetings there. However, in September, following 
complaints from local residents, the authorities opened a case against 
the Jehovah's Witnesses for alleged violations of fire regulations 
posed by a neighbor's garage. The Jehovah's Witnesses received a 
warning, paid a fine, and applied to have the garage removed. At year's 
end the Jehovah's Witnesses had not been allowed to use the facilities.
    On July 16, the FSB searched a meeting place for Jehovah's 
Witnesses in Yekaterinburg and detained 18 members. The raid and 
detentions were in connection with the criminal investigation 
instigated by the Asbest City Prosecutor's Office in June relating to 
the alleged distribution of extremist literature by Jehovah's Witnesses 
in Asbest. Several boxes of religious literature were confiscated as 
``evidence'' in the pending court case. There were no further 
developments at year's end.
    Various minority religious organizations encountered similar 
difficulties in obtaining or renovating property. The mayor's office in 
Krasnodar continued to deny the Muslim community's request to build a 
mosque in the city of Sochi.
    During the year two Baptist congregations in the regional center of 
Lipetsk lost their legal status, and a third lost its rented prayer 
house. In the first two instances, authorities removed their status for 
alleged tax violations. In the case of the prayer house, the Orthodox 
diocese of Lipetsk filed a suit for control of the building, and local 
authorities offered a building in need of substantial repair as 
compensation.
    Some local and municipal governments prevented minority religious 
groups from obtaining venues for large gatherings and from acquiring 
property for religious uses.
    There are no restrictions on individual worship in public or 
private.
    Regional and local authorities as well as businessmen on a number 
of occasions refused to lease facilities to local Jehovah's Witnesses 
communities. According to Forum 18, at least nine Jehovah's Witnesses 
congresses were prevented from being held by the authorities during the 
year; 30 others have taken place but with some disruptions.
    There are no legal prohibitions on missionary activities. There was 
societal pressure against proselytizing by non-Orthodox faiths, and 
some groups reported that missionaries had been harassed or attacked 
when proselytizing.
    Authorities either deported or denied entry to several religious 
workers with valid visas. Some religious personnel experienced visa 
difficulties while entering or leaving the country. Laws in three 
regions-Belgorod, Kursk, and Smolensk-forbid foreign visitors from 
engaging in missionary activity or preaching unless specifically 
authorized by their visas. According to local religious officials, the 
laws were not enforced.
    In November 2007, Chechen President Ramzan Kadyrov called for all 
women in the republic to cover their heads with scarves. While 
officially this is nonbinding, several government institutions in 
Groznyy reportedly posted signs forbidding women without headscarves 
from entering, and guards were enforcing the rule. Two universities in 
Chechnya reportedly prohibited women with uncovered heads from 
attending classes.
    Since September 2006, schools in four of the country's 85 regions 
required the teaching of a controversial Foundations of Orthodox 
Culture course; in many other regions, the course was taught as an 
elective.
    Restitution of religious property seized by the Communist regime 
remained a problem, particularly for Muslim and Protestant groups. Many 
properties used for religious services, including churches, synagogues, 
and mosques have been returned, and other restitution cases continued. 
The Russian Orthodox Church had greater success reclaiming 
prerevolutionary property than other groups, although it still had 
disputed property claims. During the year the Russian Orthodox Church 
continued to try to reclaim a mansion on Moscow's Red Square that it 
alleges was expropriated in 1917, but the Government has not enforced 
court rulings in the church's favor. In 2006, Muslims in Beslan 
appealed to the Presidential Council for Cooperation with Religious 
Associations to return the historic Cathedral Mosque to the Muslim 
community, which was occupied by a vodka bottling plant and a bottle 
washing shop. The Jewish community was 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, which the authorities claimed as part of the 
country's cultural heritage. The Roman Catholic Church reported 44 
disputed properties, including the Saints Peter and Paul Cathedral in 
Moscow.
    The authorities permitted Orthodox chapels and priests on army 
bases and also gave Protestant groups limited access to military 
facilities. Authorities largely banned Islamic services in the military 
and generally did not give Muslim conscripts time for daily prayers or 
alternatives to pork-based meals. Some Muslim recruits serving in the 
army reported that their fellow servicemen insulted and abused them on 
the basis of their religion. In December 2007, the military appointed 
the first Jewish chaplain since 1917.

    Societal Abuses and Discrimination.--There were reports of societal 
abuses and discrimination based on religious belief or practice. 
Religious matters were not a source of social tension or problems for 
the large majority of citizens, but there were some problems between 
majority and minority groups, including incidents of harassment and 
violence.
    Prejudices against non-Orthodox religions were behind 
manifestations of anti-Semitism and occasional friction with non 
Orthodox Christian denominations. Because xenophobia, racism, and 
religious bigotry were often intertwined, it was sometimes difficult to 
determine which prejudice was the primary motivation behind 
discrimination against members of religious groups. Conservative 
activists claiming ties to the Russian Orthodox Church occasionally 
disseminated negative publications and held protest meetings against 
religions considered nontraditional, including alternative Orthodox 
congregations. Some Russian Orthodox clergy publicly stated their 
opposition to any expansion of the presence of Roman Catholic, 
Protestant, and other non-Orthodox denominations.
    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 adherents of more 
recently established religions, such as the LDS Church, Jehovah's 
Witnesses, and Scientology. Ethnic tensions ran high in the 
predominantly Muslim Northern Caucasus, and there were problems in some 
cities outside that region. Government officials and journalists often 
labeled Muslim organizations ``Wahhabi,'' a term associated with 
extremism. The republics of Dagestan and Kabardino-Balkaria formally 
prohibited Wahhabism.
    Unlike the previous year, there were no recorded cases of acts of 
vandalism against Muslim communities; in 2007, there were a number of 
reports of mosques, Muslim community centers, and cemeteries being 
vandalized.
    Reports of the harassment of evangelicals and Pentecostals 
reportedly decreased during the year. In March, Forum 18 announced that 
a Smolensk region Methodist Church was dissolved for not having an 
education license for its Sunday school; however, in June the Russian 
Supreme Court ruled that the church did not need this license. African 
Russian and African ministers of non Orthodox Christian churches 
experienced prejudicial treatment, based apparently on a combination of 
religious and racial bigotry.
    According to the Moscow Bureau of Human Rights (MBHR), during the 
year there were six reported cases of vandalism against Orthodox 
Christian churches and nine cases of vandalism against non-Orthodox 
churches, which was comparable to the level in 2007.
    An estimated 250,000 Jews lived in the country, comprising less 
than 0.25 percent of the population, according to government sources 
and Jewish groups in Russia, Israel, and the United States. Some 
researchers suspected that the number was underreported due to the 
reticence of some Jews to publicly identify their religious or ethnic 
background. The Jewish population declined over the past two decades 
through large-scale emigration, but recent years have seen an overall 
influx of Jews as some emigrants have returned from Israel and other 
countries.
    During the year, as in 2007, there was a decrease in racially 
motivated violent attacks against Jews. In September, Chief Rabbi of 
Russia Berel Lazar said that anti-Semitism had declined slightly, 
citing the following factors: a Jewish community center that opened in 
Moscow last year; 200 officially registered Jewish communities, 
including 94 Jewish Sunday schools and five Jewish higher education 
institutions; and the inclusion of rabbis among those who provide 
spiritual guidance to military conscripts.
    In June 2007, in Ivanovo, skinheads shouting anti-Semitic slogans 
attacked two Jewish men. On March 3, the Ivanovo Leninsky Regional 
Court found one of the attackers, Sergey Novikov, guilty of a hate 
crime and sentenced him to four years in prison.
    In 2006, a Moscow court sentenced Aleksandr Koptsev to 16 years in 
prison for attempted murder and inciting racial hatred after he 
attacked worshipers in a Moscow synagogue with a knife, wounding nine. 
An appeals court extended the original sentence of 13 years after 
finding that the trial court had failed to consider the ethnic hatred 
motive of the crime. A student attempted a copycat attack on a 
synagogue in Rostov-on-Don in 2006, but security guards stopped him 
before he could harm anyone. An appeals court overturned his attempted 
murder conviction on the basis that he was mentally unfit to stand 
trial and ordered him to undergo psychiatric treatment.
    Skinheads and ultranationalists, usually acting in gangs, attacked 
persons in the country during the year. However, their main targets 
were foreigners and persons from the Caucasus or Central Asian ethnic 
groups.
    There continued to be reports across the country of vandals 
desecrating Jewish synagogues and cemeteries and defacing Jewish 
religious and cultural facilities, sometimes combined with threats to 
the Jewish community. Anti-Semitic graffiti and leaflets appeared 
frequently in many regions. Anti-Semitism on television or in other 
mainstream media was infrequent and was more likely to appear in low-
circulation newspapers or in pamphlets. Anti-Semitic materials on 
Russian-language Internet sites have increased. There was no evidence 
of state-sponsored anti-Semitism.
    The MBHR reported that seven synagogues and community centers were 
vandalized during the year. The SOVA anti-extremism center also 
reported grave desecrations in Jewish cemeteries in Nizhny Novgorod, 
Makhakchala, and Kaliningrad. Officials often classified these crimes 
as ``hooliganism.'' In many cases where local authorities prosecuted 
cases, courts imposed suspended sentences. In some cases, however, the 
hate crime motive was taken into consideration.
    In August, vandals damaged 21 Jewish graves in the Krasnaya Etna 
cemetery in Nizhny Novgorod and 80 gravestones in two cemeteries in 
Makhachkala.
    On June 18, Oleg Polonsky was asked to disclose his religious 
orientation by two young men; when he responded that he was Jewish, he 
was beaten by the men and required hospitalization.
    In 2006, there were many similar reports of Jewish religious 
centers, community centers, and cemeteries being vandalized throughout 
the country.
    There were many reports of anti-Semitic publications during the 
year. A number of small, radical-nationalist newspapers that print 
anti-Semitic, anti-Muslim, and xenophobic articles, many of which 
appeared to violate the law against extremism, were readily available 
throughout the country. There were also reports of anti-Semitic 
literature on sale in cities across the country. The estimated number 
of xenophobic publications exceeded 100, many sponsored by the local 
chapters of the National Power Party. In addition, there were at least 
80 Web sites in the country with anti-Semitic content.
    In contrast with previous years, there were no notable anti-Semitic 
statements by government officials during the year. Anti-Semitic 
statements were legally prosecuted, and the Government publicly 
criticized nationalist ideology and expressed support for legal action 
against anti-Semitic acts.
    The Euro-Asian Congress noted that in 2006 prosecutors recorded the 
highest number of attempts to prosecute purveyors of anti-Semitic 
propaganda. While the Government publicly criticized nationalist 
ideology and supported legal action against anti-Semitic acts, the 
reluctance of some lower-level officials to call such acts anything 
other than ``hooliganism'' remained an impediment.
    The support of federal authorities, and in many cases regional and 
local authorities, facilitated the establishment of new Jewish 
institutions. In 2007, and during the year former president Putin 
publicly criticized anti-Semitism and supported the establishment of 
the Museum of Tolerance being planned by the Federation of Jewish 
Communities of Russia. In June 2007, Arkadiy Gaydamak, president of the 
Congress of Jewish Religious Organizations and Associations of Russia, 
and Chief Rabbi of Russia Adolph Shayevich signed a contract regarding 
the construction of a Moscow Jewish community center. Work began on the 
2.7 billion rubles ($100 million) complex on land donated by the Moscow 
city government to house Jewish community institutions, including a 
school, a hospital, and a major new museum devoted to the history of 
the country's Jews, the Holocaust, and tolerance.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement Within the Country, Internally Displaced 
Persons, Protection of Refugees, Stateless Persons.--The law provides 
for these rights; however, the Government placed restrictions on 
freedom of movement within the country and on migration. The Government 
cooperated with the UNHCR and other humanitarian organizations in 
providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    All adults must carry government-issued internal passports while 
traveling internally and must register with the local authorities 
within a specified time of their arrival at a new location. Authorities 
often refused to provide governmental services to individuals without 
internal passports or proper registration. The official grace period 
for registration given to an individual arriving in a new location is 
90 days; however, darker-skinned persons from the Caucasus or Central 
Asia were often singled out for document checks. There were credible 
reports that police arbitrarily imposed fines on unregistered persons 
in excess of legal requirements or demanded bribes from them.
    Although the law gives citizens the right to choose their place of 
residence freely, many regional governments continued to restrict this 
right through residential registration rules that closely resembled 
Soviet-era regulations. Citizens moving permanently must register to 
reside, work, or obtain government services and benefits or education 
for their children in a specific area within seven days of moving 
there; those who are temporarily residing in a new place may stay for 
only 90 days before they must register. Citizens changing residence 
within the country and migrants, 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. There were 
frequent reports of police demanding bribes when processing 
registration applications and during spot checks for registration 
documentation.
    Georgian diaspora groups in Russia reported no major campaign 
against their communities in response to the August conflict over the 
breakaway regions of South Ossetia and Abkhazia. An anti-Georgia 
campaign following the 2006 diplomatic row between Russia and Georgia 
resulted in the deportation of approximately 4,000 ethnic Georgians, 
three of whom died in detention.
    International agreements permit persons with outstanding warrants 
from other former Soviet states to be detained for periods of up to one 
month while the prosecutor general investigates the nature of those 
warrants. This system was enforced among senior law enforcement 
officials in many of the republics of the former Soviet Union. Human 
rights groups continued to allege that this was employed to detain 
opposition members from the other Soviet republics without legal 
grounds.
    In November, the ECHR ruled that Abdullazhon Isakov could not be 
sent back to Uzbekistan despite an extradition request there. Russian 
authorities had denied Isakov's claim to Russian citizenship, but he 
disputed the decision with the help of lawyers from Memorial. The 
appeal remained with the court at year's end.
    On December 15, the ECHR ruled in favor of the ``Ivanovo Uzbeks,'' 
a group of 13 ethnic Uzbeks who fled from Uzbekistan in 2005 after 
their arrest in connection with violent unrest in Andijan in May 2005. 
After their arrival in the country, authorities arrested them at the 
request of Uzbek law enforcement. The Uzbeks denied any connection with 
the Andijan events and applied for asylum based on credible fear of 
persecution if they returned to Uzbekistan. The authorities rejected 
their applications for refugee status and ordered their extradition to 
Uzbekistan. The Ivanovo Uzbeks spent the following two years in 
detention; they won release in March 2007 but continued to reside in 
Ivanovo, as Russia refused to grant them exit permission to move to 
Sweden, which, based on UNHCR referrals, had offered them refugee 
status. According to refugee workers, the Uzbeks lived under unusually 
difficult social and economic conditions during their time in Ivanovo. 
In the December 15 ruling, the ECHR ordered authorities to allow the 
Ivanovo Uzbeks to go to Sweden and also ordered the Government to pay 
each man 15,000 euros ($19,191) in restitution. The Government had not 
complied at year's end.
    The law provides for freedom to travel abroad and citizens 
generally did so without restriction; however, there were exceptions. 
Citizens with access to classified material needed to obtain police and 
FSB clearances to receive an external passport.
    The law prohibits forced exile, and the Government did not employ 
it. The law provides all citizens with the right to emigrate, and this 
right was generally respected.

    Internally Displaced Persons (IDPs).--At year's end, 11,671 IDPs 
from Chechnya were in temporary settlements or in housing in the 
private sector in Ingushetiya; 3,765 Chechens were in Dagestan, and an 
estimated 54,606 Chechens were living as IDPs within Chechnya itself.
    During the year officials continued to stand by their position that 
they would not pressure or compel IDPs to return to Chechnya. However, 
the UNHCR reported that government officials stated their intention to 
deregister those IDPs who had received compensation from federal 
assistance lists and indicated that 52 families were deregistered in 
2005. Those who were deregistered faced the threat of eviction from 
their accommodations in temporary settlements, despite their 
willingness to pay for the accommodation. Although some of the 
inhabitants chose to remain in Ingushetiya, the UNHCR estimated that 70 
to 75 percent chose to return to Chechnya despite the inadequacy of 
temporary lodging. For example, in August 2007 the Government of 
Chechnya submitted to the UNHCR a list of 169 IDP families, largely 
from Ingushetiya, willing to return to Chechnya. The UNHCR reported 
that 1,141 IDPs returned to Chechnya from Ingushetiya in 2007. During 
the year the number of Chechen residents at temporary accommodation 
centers and temporary shelters decreased from 6,240 to 4,571.
    During the year the Government continued to deny UNHCR requests to 
set up an office in Groznyy to ensure that those returning were 
provided international standards of safety and dignity. Repatriated 
Chechens remained vulnerable to being viewed by the local population as 
possible militants or as wealthy because they were able to afford 
traveling abroad. Such perceptions placed them in danger of harassment 
and of kidnapping for ransom.
    The UNHCR reported that, despite passport checks and occasional 
security sweeps that continued in IDP settlements, IDPs were generally 
able to remain in Ingushetiya without any pressure to return. However, 
other international and domestic organizations expressed concerns 
during the year over the Government's treatment of Chechen IDPs in 
Ingushetiya. IDPs were frequently denied status as ``forced migrants'' 
under Russian law, which severely limited their access to social 
benefits and protection. Others living in regions outside Chechnya were 
often denied residential registration by local authorities, in what the 
council characterized as discriminatory practices against Chechens.

    Protection of Refugees.--The law provides for granting of asylum or 
refugee status in accordance with the 1951 UN 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 sometimes provided protection against the 
expulsion or return or persons to countries where their lives or 
freedom would be threatened; however, asylum seekers were often denied 
access at border points to apply for asylum and the Government rarely 
granted asylum. Any decision of a migration service could be appealed 
to a higher-ranking authority or to a court. During the appeal process, 
the person received the rights of a person whose application for 
refugee status was being considered. If a person did not satisfy the 
criteria for refugee status but could not be expelled or deported for 
humanitarian reasons, he could be granted temporary asylum. Individuals 
who sought entry into the country without proper documentation and who 
sought to claim asylum were often denied access to the Federal 
Migration Service by border guards and Aeroflot airlines and often 
returned to their countries of origin, including in some cases to 
countries where a well founded fear of persecution could be 
demonstrated. The UNHCR and NGOs stated that many asylum seekers at 
times faced detention, deportation, fines by police, and racially 
motivated assaults, which sometimes led to the loss of life. Persons 
who did not satisfy the criteria for refugee status, but could not be 
deported for humanitarian reasons, could be granted temporary asylum.
    The UNHCR and the International Organization for Migration (IOM) 
assisted the Government in trying to develop a more humane migration 
management system. The Government acted more expeditiously and with 
greater leniency in cases involving applicants who had been citizens of 
countries that were formerly Soviet republics than those from other 
countries. Officials continued to demonstrate widespread ignorance of 
refugee law.
    In January, the UNHCR ceased providing refugee status 
determinations (RSD) in parallel with the Government, deeming the 
practice no longer necessary. The Government committed to, and in the 
UNHCR's judgment provided, unimpeded access to its RSD process to 
applicants, regardless of national origin. The Government agreed to 
reconsider the UNHCR mandate refugees to whom it had previously denied 
asylum, provided the UNHCR prepared updated dossiers on each 
individual. The UNHCR continued to provide counseling services to 
support the Government's RSD.
    In April, Jong Koun Tchona, a North Korean seeking asylum in 
Russia, was accepted by and resettled to South Korea, with the 
understanding that his Russian wife and children would later join him 
there. Tchona had disappeared in November 2007 after being called to a 
Federal Migration Service office in Moscow. He later escaped from a 
detention facility in Khabarovsk, from which he understood he was to be 
forcibly repatriated to North Korea. The intervention of NGO Civic 
Assistance, the UNHCR, and the human rights ombudsman prevented Jong's 
deportation.
    In 2006, Bakhrom Dadazhenov was accused of associating with an 
extremist group in a high-profile case in Arzamas, Nizhniy Novgorod 
region. The court proceedings were reportedly based on fabricated 
evidence. The intervention of NGO Civic Assistance prevented the 
Dadazhenov family's deportation, and in April 2007 he and his family 
were resettled to Sweden.
    The UNHCR and NGOs reported that undocumented asylum seekers 
continued to face problems with law enforcement bodies over their 
status in the country. The Government does not issue documents to 
asylum seekers who are awaiting review of their requests for asylum. 
They remained vulnerable to fines and detention, and were denied access 
to government assistance.
    At Moscow's international airports, authorities regularly deported 
improperly documented passengers before they were able to file asylum 
claims with the Federal Migration Service, including persons who 
demonstrated a well-founded fear of persecution in their countries of 
origin. Airlines were fined if an undocumented passenger was admitted 
to the country but not if the passenger was returned to the country of 
origin. Most cases involved labor migrants entering or leaving the 
country, but a few cases involved asylum seekers. For those allowed to 
stay to pursue their claims, the law on refugees provided for the right 
to be lodged in temporary accommodation centers; however, there were 
only three shelters nationwide, and they were located outside the major 
cities where asylum seekers were concentrated. Reception facilities at 
border crossing points were also inadequate, with harsh conditions for 
asylum seekers accommodated there.
    While federal law provides for education for all children, regional 
authorities occasionally denied access to schools to children of asylum 
seekers if they lacked residential registration. According to IOM, 
during the year all children of asylum-seekers (even without civil 
registration) were entitled to attend school and had free access. 
Authorities consistently cooperated with IOM if it alerted them to 
cases where children faced problems being accepted by their respective 
school. Authorities frequently denied migrants the right to work if 
they did not have residential registration. Refugees also cannot work 
legally if they are not registered and cannot obtain registration if 
they are not officially accepted as refugees by the Government.
    International agreements permit persons with outstanding warrants 
from other former Soviet states to be detained for periods of up to one 
month while the prosecutor general investigates the nature of those 
warrants. This system was reinforced by means of informal links among 
senior law enforcement and security officials in many of the 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.
    In December 2007, Russian officials administratively expelled 
Tyumen resident Abdujani Kamaliyev, an Uzbek married to a Russian 
citizen, to Uzbekistan even though a domestic court had ruled against 
his extradition in 2006. This was in direct violation of a December 
2007 ECHR ruling stating that he may be subjected to torture if 
returned to Uzbekistan.
    In August 2007, a Moscow District Court ordered the extradition of 
another Uzbek, Yashin Dzhurayev, who claimed that he had been 
persecuted for religious reasons in Uzbekistan. However, Russian 
authorities did not fulfill the extradition request, and the decision 
on expulsion was later cancelled by the court as well. On December 10, 
Dzhurayev's application for resettlement to a foreign country was 
accepted, and he was awaiting this resettlement at year's end.
    The law exempts the estimated 1.5 million former Soviet citizens 
residing in the country without benefit of citizenship from having to 
meet most requirements for naturalization. In 2006 a new law extended 
the deadline for former Soviet citizens to obtain citizenship until 
January 1. In addition, the new law extended the right to seek 
citizenship to those who obtained a residence permit in the country 
after January 1, 2002, increasing the number of persons potentially 
eligible for citizenship.
    In Krasnodar Kray, Meskhetian Turks without Russian passports were 
denied the right to register, which deprived them of all rights of 
citizenship and prevented them from working legally, leasing land, or 
selling goods. The Krasnodar Kray law for the definition of illegal 
migrant also includes unregistered Russian citizens as well as foreign 
citizens and stateless persons. At year's end an estimated 2,000 
Meskhetian Turks remained in Krasnodar Kray. With the departure of 
11,316 Meskhetian Turks since 2004, facilitated by the Russian 
Federation, human rights groups reported a significant decline in 
arbitrary fines and harsh treatment used previously by authorities 
against the community. However, the Meskhetian Turks who remained in 
Krasnodar continued to struggle economically.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens the right to change their government 
peacefully in regularly scheduled national and regional elections, 
although their ability to exercise that right has lessened considerably 
in recent years by changes in the electoral law, a change from elected 
to appointed governors, and increased government control of mass media. 
Little competition existed in the system, which was dominated by the 
pro-presidential United Russia party. Authorities often blocked the 
political opposition from exercising their right to freedom of 
assembly.

    Elections and Political Participation.--On March 2, the country 
held presidential elections in which Dmitriy Medvedev, the candidate of 
the ruling United Russia party who was hand-picked by his predecessor, 
Vladimir Putin, received 70 percent of the vote. The public and media 
showed a lack of interest in the campaign, which lacked genuine 
competition and in which Medvedev declined to participate in debates 
with the three other candidates. Former premier Mikhail Kasyanov was 
refused registration after the Central Election Commission ruled that 
many of the two million signatures he had collected were invalid. 
Official turnout for the election was reported at approximately 70 
percent, with voter turnout in the North Caucasus region approaching 
100 percent according to official statistics, which were questioned by 
a number of analysts. Observers from the Parliamentary Assembly of the 
Council of Europe (PACE) stated that while the election results 
reflected the will of the people, ``an election where candidates are 
confronted with almost insurmountable difficulties when trying to 
register risks not qualifying as free. An election where there is not a 
level playing field for all contestants can hardly be considered as 
fair.'' The domestic voting rights NGO GOLOS, some of whose members 
experienced difficulties gaining access to polling stations, alleged 
massive, widespread violations. As in the December 2007, parliamentary 
elections, the OSCE's Office for Democratic Institutions and Human 
Rights (ODIHR) was again precluded from sending an observation mission 
due to delays in issuing visas and restrictions placed on the mission 
by the Government. Medvedev was sworn in as the country's third 
president on May 7.
    There were no new developments regarding the April 2007 ban on the 
NBP as an extremist organization. On February 14, NBP member Andrey 
Nikitin was arrested for having shown an anti-Putin film while 
distributing leaflets accusing Putin of mass crimes and calling for his 
resignation. He was placed under house arrest. In October Nikitin 
received a one-year suspended sentence under anti-extremism laws, which 
the Presnenskiy District Court of Moscow upheld on December 25. Nikitin 
appealed the decision, and the case was pending at year's end.
    In the December 2007, elections for the State Duma, the United 
Russia party received a two-thirds constitutional majority. A total of 
four parties exceeded the seven percent threshold for gaining seats in 
the Duma. After the Central Election Commission imposed delays and 
unprecedented restrictions on the number of international observers, 
ODIHR decided it was not able to send an observer mission. A team of 
parliamentarians from PACE, the Parliamentary Assembly of the OSCE, and 
the Nordic Council observed the elections and concluded they were ``not 
fair and failed to meet many OSCE and Council of Europe commitments and 
standards for democratic elections.'' The observers noted that the 
elections took place in an atmosphere which seriously limited political 
competition. Frequent abuses of administrative resources, media 
coverage strongly in favor of the United Russia party, and the revised 
election code combined to hinder political pluralism.
    The OSCE representative on freedom of the media reported numerous 
media freedom violations during the elections, including harassment of 
media outlets, legislative limitations, and media bias in political 
coverage, which prevented equal media access. Although some of its 
observers were impeded, GOLOS reported numerous electoral violations 
and problems including an ``unprecedented'' number of absentee ballots, 
collective voting under pressure, multiple voting by the same voters, 
and vote counting violations. GOLOS observers, however, reported good 
organization of voting procedures and that secrecy of voting was mostly 
observed.
    The Communist Party of the Russian Federation later appealed the 
results of the December 2007 parliamentary elections, asking the 
Supreme Court to annul the results because of electoral fraud. On July 
16, the court denied the appeal. On December 25, Vedomosti reported a 
decision by the Communist Party's Mordovia branch to file a case with 
the ECHR, stating that they were prevented from distributing any 
election fliers prior to the 2007 election.
    The December 2007, State Duma elections were marked with apparent 
fraud in many of the North Caucasus republics and other regions, as the 
voter turnout numbers were reported by a several analysts to be 
artificially high. Chechnya reported 99.5 percent voter turnout, with 
99.5 percent of the votes going to the United Russia party. Ingushetiya 
reported 98.3 percent voter turnout, with 98.8 percent of the votes for 
United Russia. Kabardino-Balkaria reported 97 percent turnout, with 
96.5 percent of the votes for United Russia. In Ingushetiya, with 
159,000 registered voters, an opposition organization claimed to have 
collected 87,340 signatures from registered voters who said that they 
had not voted in the December 2007 elections.
    Fifteen regions held legislative elections in March and April 2007. 
Many observers claimed that some parties, most often United Russia, 
unfairly used administrative resources to sway results. Many observers 
viewed the elections as flawed, with numerous irregularities and abuses 
during the election process. There were problems in some regions with 
unequal access to the media and the use of administrative resources by 
incumbents to support their candidacies. The counting of votes in most 
locations was professionally done, but there were exceptions, notably 
in Dagestan. In several regions opposition political parties, such as 
Yabloko and the Union of Right Forces (SPS), were removed from the 
ballot after the election commissions cited violations in elections 
procedures. In February 2007, the St. Petersburg elections commission 
cited a handwriting expert and claimed that hundreds of the 40,000 
signatures on Yabloko's registration application were forgeries. The 
commission gave Yabloko only two days to refute the charges with signed 
affidavits and copies of passports of those signatures that it ruled 
invalid. Yabloko did not comply with this request and was removed from 
the ballot. The SPS was removed from ballots in Vologda and Pskov.
    Laws enacted in 2005 and 2006, particularly those eliminating 
direct gubernatorial elections, contributed to the consolidation of the 
Government's political power. Further changes to the election law made 
in 2006 created a strict party list system, banned electoral blocs, 
raised the threshold for party representation in the State Duma to 7 
percent of the vote, and eliminated the minimal voter turnout 
provision. The changes worked to the advantage of parties already 
represented in the State Duma, particularly United Russia, and had the 
effect of reducing the number of competitive parties. The electoral law 
also prohibited nonpartisan domestic observation of federal elections, 
making it difficult for NGOs to observe elections.
    The law provides that republic presidents and regional governors be 
nominated by the president subject to confirmation by regional 
legislatures. If a regional legislature fails to confirm the 
president's nominee three times, the legislature may be dissolved. The 
president also acquired the power to remove regional leaders in whom he 
had lost confidence, including those who were popularly elected. By 
year's end no regional legislature has failed to confirm the 
president's nominee. The law gives the president significant influence 
over the Federation Council, since regional leaders selected by the 
president in turn appoint half of its members. Political parties that 
win elections to regional parliaments are allowed to propose their own 
candidates for head of a region, but this is still subject to the 
president's and the regional legislature's approval.
    Several other provisions of the election law were amended in 2006: 
the option ``against all candidates'' was eliminated from ballots; 
early voting was eliminated; a mandatory minimum voter turnout was 
eliminated; circumstances under which a candidate may be removed from 
the ballot (including for vaguely defined ``extremist'' behavior) were 
expanded; and ``negative'' campaigning was prohibited.
    The law gives the executive branch and prosecutor general broad 
powers to regulate, investigate, and close parties. Other provisions 
limit campaign spending, set specific campaign periods, establish 
conditions under which candidates can be removed from the ballot, and 
provide for restrictions on campaign materials. To register as a 
political party, the law requires groups to have at least 50,000 
members with at least 500 representatives in half of the country's 
regions and no fewer than 250 members in the remaining regions, making 
it difficult for smaller parties to register.
    Prospective presidential candidates from political parties that are 
not represented in the Duma must collect no less than two million 
signatures from supporters throughout the country to register to run 
for president. Independent candidates also are required to submit 
signatures to the Central Election Commission (CEC) to be certified to 
run. A candidate is ineligible to run if more than 5 percent of 
signatures are found to be invalid by the CEC. Parties that are 
represented in the Duma can nominate a presidential candidate without 
having to collect and submit signatures.
    In March, a Moscow court denied registration to the political party 
People for Democracy and Justice led by former prime minister Mikhail 
Kasyanov. The court cited errors in 18 percent of the more than 57,000 
signatures as grounds for denying registration.
    According to the CEC chief Vladimir Churov, three of the 14 parties 
that wanted to run in the December 2007 Duma elections were 
disqualified due to problems with their registration documents.
    Before the March 2007 regional elections, the acting head of the 
FRS announced that, of the 35 political parties that applied for 
reregistration in accordance with the amended and more demanding law, 
only 19 passed the inspection, although two decided to register as 
``public associations.'' As a result the 15 parties that did not pass 
the inspection had to choose to reregister as public organizations, 
movements, or NGOs or were dissolved through court procedures.
    In 2006, the Government enacted the law On Countering Extremism, 
increasing concerns among many that authorities would apply the law to 
restrict election-related activities of political parties, the media, 
and NGOs and discourage criticism of the Government. The law was used 
in some cases to stifle opposition political parties during the 2007 
and 2008 elections, but not for materials of the ruling United Russia 
party. For example, authorities used the laws against campaign 
materials for the St. Petersburg branch of Yabloko in March and evicted 
staff members from their offices.
    In April 2007, the FSB began an investigation of Other Russia 
member Garry Kasparov for inciting extremism by encouraging radio 
listeners to attend an opposition rally in St. Petersburg. In 2006 
government agents raided the offices of the political organization 
United Civil Front, also headed by Kasparov. The officers had an order 
to search the premises on suspicion of ``extremist activity'' and 
seized books and material promoting Dissenters' Marches (See Section 
2.b.). No charges were ultimately brought, but some viewed the incident 
as an example of the Government attempting to use the new law on 
extremism to intimidate the opposition. The law was also used by public 
figures to intimidate their critics.
    In December 2007, 58 women won seats in the 450 member State Duma; 
there were nine women in the Federation Council. Three women were 
deputy committee chairs. Valentina Matviyenko, governor of St. 
Petersburg, was the only woman to lead one of the 85 regions of the 
country.
    National minorities took an active part in political life; however, 
ethnic Russians, who constitute approximately 80 percent of the 
population, dominated the political and administrative system, 
particularly at the federal level.

    Government Corruption and Transparency.--Corruption continues to be 
a widespread problem in the country and studies, including the World 
Bank's worldwide governance indicators, have found that it increased 
during the year. While the law provides criminal penalties for official 
corruption, the Government acknowledged that it has not implemented the 
law effectively, and officials frequently engaged in corrupt practices 
with impunity. Corruption was widespread throughout the executive, 
legislative, and judicial branches at all levels of government. 
Manifestations included bribery of officials, misuse of budgetary 
resources, theft of government property, kickbacks in the procurement 
process, and extortion. The NGO Information Science for Democracy 
(INDEM) reported that other official institutions, such as the higher 
education system, health care, the military draft system, and the 
municipal apartment distribution system were also corrupt.
    President Medvedev designated the fight against corruption and 
``legal nihilism'' as priorities. On December 25, he signed into law a 
package of anticorruption legislation that defines the term and sets 
forth key principles for combating it. The legislation imposes 
financial disclosure requirements, restricts post-government employment 
at entities with which the official had prior connections, and requires 
reporting of actual or possible corrupt activity. Enabling regulations 
that identify agencies responsible for enforcing the legislation and 
specific mechanisms for complying with it had yet to be drafted at 
year's end.
    Overall, government initiatives to address the problem, either 
through regulation, administrative reform, or government-sponsored 
voluntary codes of conduct, made little headway in countering endemic 
corruption. While there were prosecutions related to bribery, the 
general lack of enforcement remained a problem. Cases of bribery and 
other corrupt practices are investigated by the Ministry of Internal 
Affairs and the Federal Security Service, both of which were widely 
perceived as corrupt.
    Under the criminal code, the giving and receiving of bribes are 
punishable by up to 12 years of incarceration; a person who pays a 
bribe is relieved of criminal liability if the bribe was extorted from 
him or if he voluntarily informs law enforcement about it.
    According to the Interior Ministry, the total number of corruption 
cases increased 7.6 percent in the period from January to October. Of 
the year's 11,492 corruption cases, 8,890 were sent to court. There was 
an increase of 6.4 percent of officials sentenced (5,285) compared with 
the same period in 2007. INDEM estimated that millions of corruption-
related offences were committed every year and cost the country 
approximately 7.4 trillion rubles (approximately $300 billion), almost 
equal to the country's entire federal budget.
    No high-level officials were charged with corruption during the 
year, but most anticorruption campaigns were limited in scope and 
focused on lower-level officials. Allegations of corruption were also 
used as a political tactic, which made it more difficult to determine 
the actual extent of corruption.
    In October, Deputy Finance Minister Sergey Storchak was released 
upon the completion of the procuracy's investigation of his 2007 arrest 
on suspicion of preparing to embezzle more than 1 billion rubles 
(approximately $43 million) from the state budget, which was the most 
high-profile corruption incident of the year, although some observers 
concluded that the case was politically motivated.
    On February 12, the mayor of Togliatti, Nikolay Utkin, was 
sentenced to seven years' imprisonment for abuse of power, bribery, and 
illegal land transfer. He also received a 200,000 ruble penalty 
($5,495) and was prohibited from occupying a state service position for 
two years.
    The law authorizes public access to all government information 
unless it is confidential or classified as a state secret. Government 
refusal to provide access to open information, or the classification of 
information as a state secret without cause, has been successfully 
contested in court. However, access to information was often difficult 
and subject to prolonged bureaucratic procedures.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operated in the 
country, investigating and publicly commenting on human rights 
problems, but official harassment continued, and the operating 
environment for these groups was increasingly restricted. Authorities 
increasingly harassed many NGOs that focused on politically sensitive 
areas, and other official actions and statements indicated a low level 
of tolerance for unfettered NGO activity, particularly for NGOs that 
received foreign funding and reported on human rights violations. NGOs 
operating in the Northern Caucasus were severely restricted.
    There were several dozen large NGO umbrella organizations as well 
as thousands of small grassroots NGOs. In the regions, NGO coalitions 
continued to advocate on such issues as the rights of the disabled and 
of entrepreneurs, environmental degradation, violations by law 
enforcement authorities, and the war in Chechnya.
    A decree from the prime minister in June removed tax-exempt status 
for grants from most international NGOs and imposed a potentially 
onerous annual registration process for those which met the proposed 
requirements. Many NGOs interpreted the decree as a further step to 
restrict NGO funding and operations.
    In 2006, the Government enacted a law that strictly regulates NGOs 
and requires them to register with FRS. The law has more stringent 
registration requirements for local affiliates of foreign NGOs than for 
domestic NGOs. The law provides intrusive means for officials to 
scrutinize NGOs, including ``public associations,'' but provides NGOs 
with only limited procedural protections. The law grants the FRS 
discretion to deny registration or to request that the courts close 
organizations based on vague and subjective criteria.
    Starting in 2007, all NGOs were required to submit periodic reports 
to the FRS that disclose potentially sensitive information, including 
sources of foreign funding and detailed information as to how funds are 
used. As a result NGOs stated that they were increasingly cautious 
about receiving foreign funds; while they still in many cases received 
foreign funds, many restricted their activities to less sensitive 
issues. The FRS has the authority to audit organizations; in May 2007, 
it audited the prominent human rights NGO Memorial International in a 
regularly scheduled inspection. FRS found several violations of the 
law, particularly with regard to the society's charitable activity, and 
issued a 1.5 million ruble ($61,000) fine, which the NGO successfully 
appealed.
    Observers believed the Government applied the NGO law to target 
some human rights organizations. The 2006 amendments to the law on 
extremism have been used to restrict activities of NGOs and some 
criticism of the Government. The revised law expands the definition of 
extremist activity to include public libel of a government official or 
his family, as well as public statements that could be construed as 
justifying or excusing terrorism. In October new amendments to this law 
passed enabling authorities to carry out an accusation of extremism 
without evidence or a court case.
    On December 4, seven Prosecutor's Office representatives, three of 
them wearing masks, arrived at the office of the Memorial Research and 
Information Center in St. Petersburg. They presented a search warrant, 
as part of a criminal investigation against newspaper Novy Peterburg; 
the search investigation was looking for evidence of financial ties 
between Memorial and the newspaper. Both Memorial and the newspaper 
denied any ties. The investigators removed 12 hard drives and the 
archives of Memorial member Aleksandr Margolis, a local expert on 
architectural preservation. That week, the head of Memorial's office, 
Irina Flige, went to the Prosecutor's Office to discuss the incident 
but received no additional explanation for the raid. Shortly 
afterwards, part of Margolis's confiscated archive was returned. No 
other materials had been returned at year's end.
    Memorial filed a suit against Prosecutor's Office challenging the 
legality of the search. Human rights activists, foreign governments, 
and international organizations issued statements calling for the quick 
return of the confiscated materials and due process, to which the 
Government responded by stating it had acted in accordance with its own 
laws. Court hearings on the case were postponed twice in December due 
to absence of the defendants. The case was still pending at year's end.
    On October 26, GOLOS and a foreign democracy-related NGO attempted 
to hold a training seminar on conducting focus groups, but the facility 
informed them that the reserved room was without power. After 
attempting to hold the seminar in the GOLOS office, participants were 
evacuated for a bomb threat against the building, although no one else 
in the building was evacuated. In the evening a man who identified 
himself as a FSB officer reportedly entered the hotel room of a staff 
member, held a threatening conversation, and made it clear that neither 
the foreign NGO nor GOLOS was welcome in Novosibirsk. Approximately one 
week later, a new organization called ``The Committee Against 
Espionage'' appeared on a web forum, alluding to the incident and 
claiming that western NGOs were spying on the country. The group made 
one further attempt to intimidate the NGO in November, but by year's 
end had taken no further actions. GOLOS also suffered harassment in 
Samara in the week before the March presidential election. The 
prosecutor ordered the local GOLOS director to undergo psychiatric and 
drug examinations while investigating accusations of software piracy 
that activists stated were unfounded.
    In April, the country's Supreme Court upheld the liquidation of 
Sodeistvie, a refugee assistance NGO in Vladimir. Sodeistvie had 
submitted an activity report in 2007 but was liquidated for failure to 
submit past reports, a violation the Government argued could not be 
remedied.
    On September 16, militia officers in Nizhniy Novgorod searched the 
office of Dront Ecocenter, an environmental organization, allegedly due 
to deficiencies in the organization's tax reporting. Authorities did 
not provide the NGO with advance notice of the inspection and seized a 
number of documents not covered by the warrant.
    Authorities continued to target the Russian Chechen Friendship 
Society (RCFS), an NGO that had urged negotiations between the 
Government and Chechen rebels to settle the conflict and had reported 
on human rights abuses perpetrated by both sides of the conflict. The 
RCFS was ordered closed in 2006 after the RCFS executive director, 
Stanislav Dmitriyevskiy, was convicted of inciting racial and ethnic 
hatred for publishing statements by Chechen rebel leaders. 
Dmitriyevskiy appealed his conviction to the ECHR, which had not ruled 
on the appeal by year's end. The RCFS registered in Finland and 
continued to operate in Russia. On March 20, police searched the 
offices of RCFS's successor organization, the Foundation to Promote 
Tolerance, and confiscated equipment, such as cellular telephones, 
reportedly for violations of the extremism law.
    The Government continued to scrutinize organizations that it 
considered to have an opposition political agenda. Numerous human 
rights and opposition groups reported politically motivated hostility 
from the Government. During the year the Government attempted to damage 
the public image of the NGO community with statements that NGOs were 
suspicious organizations funded by foreign governments. Government 
accusations that implied connections between foreign funded NGOs and 
alleged espionage by resident diplomats increased public perceptions 
that NGOs served foreign interests and fueled instability.
    At the April meeting of the National Antiterrorism Committee, 
Nikolay Patrushev, then head of the FSB, accused unnamed foreign NGOs 
of supporting terrorism in the southern part of the country. The deputy 
speaker of the Federation Council, Aleksandr Torshin, seconded this 
charge, adding that 59 foreign NGOs were providing assistance to 
Chechen terrorists.
    A number of indirect tactics were applied to suppress or close 
domestic NGOs, including creative application of various laws and 
harassment in the form of investigations and raids ostensibly to check 
for pirated software.
    In May, the Volgograd Interior Ministry opened a criminal case 
against Irina Malovichko, the head of Child's Dignity, an NGO that 
works with troubled local juveniles, for allegedly embezzling 8,584 
rubles ($236) from the NGO's budget. Her apartment was searched without 
a warrant, and all documents and computers seized. Malovichko filed an 
appeal in June that the Voroshilovsky Court rejected. The investigator 
in the case threatened to open new charges against her daughter and her 
colleague unless she admitted guilt. A lawyer retained by Malovichko 
subsequently had his license removed without explanation. The case was 
ongoing at year's end.
    In June 2007, the Government seized the computers and financial 
records of the EMF, an NGO promoting professional and independent 
media. The seizure was allegedly part of its investigation of EMF 
director Manana Aslamazyan, who was charged with an administrative 
violation when she failed to properly declare the currency she was 
bringing into the country. Authorities subsequently charged her with a 
criminal offense. The Government used the charge as a basis to allege 
criminal activities by the NGO and seize its equipment, effectively 
stopping its operations. In May the Constitutional Court agreed with 
Aslamazyan's lawyers that Article 188 of the criminal code, under which 
she was charged and convicted, violated the constitution. The charges 
against EMF, however, were still being investigated.
    The Government subjected the Center for International Legal Defense 
(CILD), which was headed by one of former Yukos CEO Mikhail 
Khodorkovskiy's lawyers, to irregular administrative inspections. In a 
note to Ombudsman Lukin, CILD complained about a January 2007 visit to 
their office by an officer of the Ministry of Internal Affairs' Tax 
Offenses Department in Moscow. The officer questioned the center's 
director and deputy director about CILD's activities and asked if they 
worked on any Chechen cases. Later in the month, the officer visited 
CILD with orders summoning the executives to the Tax Offenses 
Department. In 2006 the Federal Tax Service filed a claim against CILD 
after it was audited by tax inspectors; the center appealed the claim. 
The tax claims and fines against CILD amounted to approximately 
$170,000 (approximately 4.6 million rubles), which if collected could 
potentially put the NGO out of business.
    Regional human rights groups generally received little 
international support or attention and often suffered from inadequate 
funding. Due to limited resources, the NGO reporting requirements 
created a particularly onerous burden. They reported that at times 
local authorities obstructed their work. While these groups were 
generally free to criticize government and regional authorities, 
authorities in some areas were intolerant of criticism. Local human 
rights groups in the regions had some opportunities to interact with 
legislators to develop draft laws; however, local authorities excluded 
some organizations from the process entirely.
    The Government subjected international human rights and 
humanitarian groups, particularly those involved in promoting democracy 
during the election year as well as those located in the North 
Caucasus, to increasing pressure, such as foreign workers facing 
trouble with visas, FSB officers arriving with questions that 
intimidated their members, and pressure to curtail more sensitive 
activities. In the view of some observers, NGOs working in the North 
Caucasus were particularly vulnerable to interference.
    In January, authorities announced that the British Council, an 
international cultural body funded by the United Kingdom, must suspend 
operations outside of Moscow due to alleged irregularities in legal 
status and tax arrears; the offices in St. Petersburg and Yekaterinburg 
closed. In October, a Moscow arbitration court ruled that the tax 
claims were illegitimate, and the two offices reopened. The British 
government and others alleged that the closure order was politically 
motivated. Dmitry Medvedev, in his presidential campaign, accused the 
British Council of conducting espionage, stating that ``among other 
things, they are involved in intelligence activities,'' a charge the 
British Council denied.
    In the December 2007 parliamentary elections and the March 
presidential elections, GOLOS observers were denied access to polling 
stations or election committees in several regions, including Astrakhan 
and Saint Petersburg.
    Government and legislative officials recognized and consulted with 
some NGOs, primarily those focused on social issues, and select groups 
participated, with varying degrees of success, in drafting legislation 
and decrees. Officials, such as the human rights ombudsman, Vladimir 
Lukin, and the chair of the Presidential Council on Promoting the 
Development of Institutions of Civil Society and Human Rights, Ella 
Pamfilova, regularly interacted and cooperated with NGOs. During the 
year, however, Pamfilova's reappointment was pending.
    In the Jewish Autonomous Republic, Amur Oblast, and some regions in 
Primorskiy Kray, NGOs worked with local governments to encourage 
citizen participation in local self-governance. In Astrakhan government 
officials worked closely with local NGOs devoted to building civil 
society.
    Some international NGOs maintained small branch offices staffed by 
local employees in Chechnya; however, all were based outside of 
Chechnya. In a meeting with NGOs in August 2007, Chechen president 
Kadyrov stated that all foreign NGOs that worked in Chechnya should 
move their offices from neighboring republics to Groznyy, register with 
the tax inspectorate, and employ local citizens. Critics contended that 
this enabled Kadyrov to keep tighter control over the NGO sector. 
During the year a number of NGOs applied for access to Chechnya, but 
the majority was reportedly denied because the Government implemented a 
new monthly information reporting requirement.
    By law every person in the country may bring alleged human rights 
violations that occurred after 1998 to the ECHR, provided they have 
exhausted ``effective and ordinary'' appeals in the courts. This 
provision was usually satisfied by two appeals (first and cassation) in 
courts of ordinary jurisdiction or three (first, appeal, and cassation) 
in the commercial court system. The ECHR has received more than 40,000 
complaints since the country ratified the European Convention on Human 
Rights in 1998. The ECHR, which has received more than 10,000 
complaints involving the country including 643 during the year, ruled 
against the state in 245 cases on which it reached a decision during 
the year. The Demos Center reported in December that state agencies 
enforced ECHR rulings approximately 60 percent of the time. When it did 
so, the Government generally paid financial judgments ordered by the 
ECHR in a timely fashion; however, it issued blanket refusals in 
response to ECHR requests for disclosure of the domestic case files 
relating to alleged gross violations in Chechnya. The ECHR criticized 
this failure of disclosure.
    Government human rights institutions challenged local government 
activities, promoted the concept of human rights, and intervened in 
selected abuse complaints. Human Rights Ombudsman Vladimir Lukin 
commented on a range of human rights problems, such as police violence, 
prison conditions, the treatment of children, and hazing in the 
military. During the year Lukin criticized intolerance and the growing 
wave of ethnic, religious, sociopolitical, and human hatred in the 
country. Lukin defended the rights of participants in the dissenters' 
marches, noting that the constitution states clearly that citizens have 
a right to participate in meetings and marches and that only 
notification of the authorities is required to hold meetings and 
marches, not permission from the Government. Lukin's office and 
individual members of the Public Chamber intervened in May to convince 
the FSIN to move former Yukos Oil Company vice president Vasili 
Aleksanyan, who was HIV positive and diagnosed with lymphoma cancer, to 
a hospital following a public outcry over his poor treatment in the 
prison clinic. In August 2007, his office intervened to help secure the 
release from an Apetity psychiatric institution of Other Russia 
activist Larisa Arap, who had been involuntarily hospitalized. Lukin 
assembled a panel of independent experts, who examined Arap and 
testified that she should be released.
    The ombudsman's annual report noted that his effectiveness was 
limited because he was not empowered to propose legislation that could 
address human rights problems. He also noted the difficulty of getting 
some government officials to respond to inquiries from his office. In 
2006, for example, the ombudsman intervened in more than 1,500 cases of 
prisoner abuse, but only 123 cases were satisfactorily resolved by 
prison officials. Lukin's office has used its influence to draw 
attention to human rights questions in prisons. The ombudsman's office 
had several specialized sections responsible for investigating 
complaints. During the year the office published one report on the 
protection of crime victims' rights. Lukin's role remained primarily 
consultative and investigatory, without powers of enforcement. There 
was no information available on the investigations proposed by Lukin 
during 2007. As of year's end, 47 of the country's 85 regions had 
regional human rights ombudsmen with responsibilities similar to 
Lukin's; their effectiveness varied significantly.
    The status of the Presidential Council on Promoting the Development 
of Institutions of Civil Society and Human Rights was uncertain at 
year's end, and its head, Ella Pamfilova, had not been approved by 
President Medvedev. Prior to February the council, which promoted NGO 
concerns and worked to advance human rights, was respected within the 
NGO community, despite being limited in its capacity to address many 
human rights problems. In some notable cases, such as abuses to freedom 
of assembly during opposition demonstrations, advocating for easing 
regulations on NGOs, and election violations, Pamfilova had provided 
effective intervention.
    In 2006 the 126-member Public Chamber of the Russian Federation 
began operation. The chamber was established to channel public and 
civil society input into legislative decision-making. Some prominent 
human rights groups declined to participate in the chamber out of 
concern that the Government would use it to increase control over civil 
society. The chamber employed some 30 committees to cover problems 
ranging from juvenile justice to anticorruption to philanthropy. 
Committees were intended to conduct public discussions on key issues, 
review draft laws, travel to the regions to promote the role of 
regional public chambers, conduct studies, and give nonbinding 
recommendations to the Government and legislature. The chamber was 
generally not considered effective as a check on the federal 
government; for example, in December it publicly and unanimously called 
upon President Medvedev not to sign the law curtailing jury trials but 
did not have an influence on the decision. However, some members of the 
Public Chamber succeeded in raising the profile of human rights cases 
such as that of journalist Mikhail Beketov. In December, President 
Medvedev signed a law requiring all future draft legislation that deals 
with restriction of individual freedoms to be reviewed by the Public 
Chamber. Previously, the Duma forwarded laws to the chamber for 
examination at the chamber's own request.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, language, 
social status, or other circumstances; however, both governmental and 
societal discrimination persisted.

    Women.--Rape is illegal, and the criminal code makes no special 
distinctions (such as spousal rape) on the relationship between the 
rapist and the victim. Between January and October, 5,271 rapes and 
attempted rapes were reported, a 13.9 percent decrease from the same 
period in 2007. However, according to NGOs many women did not report 
rape or other violence due to social stigma and lack of government 
support. Rape victims can act as full legal parties to criminal cases 
brought against alleged assailants and seek compensation as part of a 
court verdict without initiating a separate civil action. While members 
of the medical profession assisted assault victims and sometimes helped 
identify an assault or rape case, doctors were reluctant to provide 
testimony in court.
    Spousal or acquaintance rape was not widely perceived as a problem 
by society or law enforcement. Women were unlikely to report cases of 
rape by persons they knew. Law enforcement and prosecutors held many of 
the same notions and reportedly did not encourage reporting or 
prosecution of such cases. A very small percentage of spousal or 
partner rape was reported to the court.
    Domestic violence remained a major problem. The Ministry of 
Internal Affairs reported that during the year approximately 12,000 
women were killed by their husbands, boyfriends, or other family 
members. The ministry also estimated that 3,000 men were killed by 
wives or girlfriends whom they had beaten. Law enforcement authorities 
frequently failed to respond to incidents of domestic violence. Amnesty 
International estimated that approximately 36,000 women were beaten by 
a husband or partner every day. There were no official statistics on 
domestic violence, but officials estimated that there were more than 
250,000 violent crimes committed against women every year. Because 
violence was frequently not reported, the real figures were impossible 
to ascertain.
    There is no legal definition of domestic violence. The law 
prohibits battery, assault, threats, and murder, but most acts of 
domestic violence did not fall within the jurisdiction of the 
Prosecutor's Office. Victims of these crimes must prosecute such cases 
themselves, which was difficult without legal training or state 
assistance. Consequently, few cases were prosecuted, and there were few 
convictions. According to a 2005 survey, police frequently discouraged 
victims from submitting complaints, and the majority of cases filed 
were either dismissed on technical grounds or moved to a reconciliation 
process by a justice of the peace, with focus on preservation of the 
family rather than punishment of the perpetrator. Civil law remedies 
for domestic violence included administrative fines and divorce.
    There were more than 600 government centers for social 
rehabilitation assistance and shelters for various groups; it was 
unknown how many of these offered services for domestic violence 
victims. There were also an estimated 20 crisis centers with 200 beds, 
90 percent of which were run by NGOs. Crisis services were not focused 
exclusively on violence against women, although some did offer services 
to domestic violence victims, including temporary shelter.
    The organization and operation of a prostitution business is a 
crime, while selling sexual services is a lesser criminal 
administrative offense. Prostitution remained widespread, and some 
observers noted that the country was a destination for sex tourism; 
police worked closely with at least one foreign government to ensure 
the prosecution of sex tourists. There were reports of prostitutes 
bribing police and police violence against prostitutes. It was widely 
believed that police were involved in the protection of prostitution.
    The law does not prohibit sexual harassment, which remained a 
widespread problem. NGOs operating hot lines reported that women 
routinely sought advice on the problem. The lack of legal remedies and 
limited economic opportunities caused many women to tolerate 
harassment. Only two sexual harassment cases have been successfully 
prosecuted since 1992. In July, a 22-year-old female executive 
attempted to pursue a third sexual harassment suit but lost the case 
when the judge declared that sexual harassment is necessary to further 
the human species. According to research conducted by the Gender 
Inequality Institute, 100 percent of female professionals said their 
bosses had sexually harassed them, 32 percent said that they had had 
sexual relations with their boss, and 7 percent said that their boss 
had raped them. Eighty percent of the respondents said that they could 
not achieve promotion without engaging in sexual relations with their 
male superiors.
    Although the law states that men and women have equal rights and 
opportunities to pursue those rights, women encountered discrimination 
in employment. Job advertisements often specified gender and age 
groups. Some even specified desired physical appearance and preference 
for applicants open to intimate relations with their prospective 
supervisor. Employers often preferred to hire men to save on maternity 
and childcare costs and avoid the perceived unreliability that 
accompanied the hiring of women with small children. The labor market 
displayed gender discrimination in compensation, professional training, 
hiring and dismissal, and career promotion. Such discrimination was 
often very difficult to prove. According to both RosStat, the federal 
state statistics service, and the Center for Labor Studies (of the 
Higher School of Economics), in 2007 the gender differential in wages 
was 35 percent.
    A series of murders of young women took place in November in 
Chechnya. According to the head of Chechnya's Investigation Committee, 
a likely motivation for the murderer or murderers was the women's 
refusal to adhere to Muslim traditions. President Kadyrov spoke out 
against the killings and called for the perpetrators to be brought to 
account, but there were no arrests by year's end.

    Children.--The Government expressed its commitment to children's 
rights and welfare, but provided limited resources to the welfare of 
children. The law does not provide adequate protection for children, 
and child abuse remained a problem.
    Although education is free until grade 11 and compulsory until age 
15 or 16, regional authorities frequently denied school access to the 
children of unregistered persons, including Roma, asylum seekers, and 
migrants.
    Child abuse was a widespread problem, but the majority of child 
abuse cases were not subject to legal action.
    Children, particularly homeless children or orphans, were exploited 
in child pornography. While authorities viewed child pornography as a 
serious problem, laws against child pornography do not define, 
criminalize the possession of, or provide for effective investigation 
and prosecution of child pornography. The statute on the production and 
distribution of pornography was poorly drafted and seldom used. 
Criminal cases were often dismissed because of the lack of clear 
standards. In addition, when a suspect was convicted, the courts 
frequently imposed the minimum sentence, often probation. Relatively 
few child pornography cases were investigated and prosecuted, creating 
an environment where child pornography proliferated. Nonetheless, 
according to the latest figures from the General Prosecutor's Office, 
the number of child pornography investigations increased from 98 in 
2005 to 299 in 2007.
    In December, the NGO Children's Rights estimated that approximately 
40,000 children ran away from home annually to flee abuse and neglect, 
along with 20,000 orphans who fled orphanages. The same estimate also 
noted that there were approximately 120,000 new orphans every year in 
the country. The Moscow Helsinki Group indicated in 2005 that each year 
approximately two million children under 14 years of age were victims 
of domestic violence. While there was some government attention to 
child abuse, it was generally not linked to the broader problem of 
domestic violence. At a public roundtable on children's rights in 
January, the MVD announced that approximately 2,000 children died every 
year from violence, most of it domestic. At year's end, approximately 
5,000 cases against parents for abuse and neglect were active in the 
country's court system.
    During the past seven years, according to the NGO Children's 
Rights, an average of 690,000 children lived in the streets. However, 
police attempted to return approximately 70 percent of them to a home 
or to an institution.
    Homeless children often engaged in criminal activities, received no 
education, and were vulnerable to drug and alcohol abuse. Some young 
girls on the streets turned to, or were forced into, prostitution, 
often to survive. According to the Ministry of Interior Affairs, 
between January and October, 97,567 crimes out of total of 2,730,424 
crimes were committed by minors or with their complicity. This was a 
15.7 percent decrease compared with the same period in 2007.
    According to 2007 data from the Moscow Department of Social 
Security, 12 percent of street children in shelters had run away from 
orphanages or boarding schools. Law enforcement officials reportedly 
abused street children, blamed them for unsolved crimes, and committed 
acts including extortion, illegal detention, and psychological and 
sexual violence against them.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, internal and external trafficking continued to be 
a significant problem. The scope of trafficking was difficult to 
quantify with reliable estimates, but observers believed that it 
remained widespread. The country continued to be a source, destination, 
and place of transit for men, women, and children trafficked for 
various forms of exploitation; however, because of rapid economic 
growth, there was allegedly a decrease in the number of citizens 
trafficked abroad. Women and children were usually trafficked for 
commercial sexual exploitation, while men were trafficked into the 
country for construction or agricultural work. There were some cases of 
forced begging, i.e., persons compelled to beg through threats of force 
and violence, who turned their earnings over to traffickers.
    According to the IOM, women were trafficked to almost 50 countries 
in North America, Europe, the former Soviet republics, the Middle East, 
and Asia. Women who were trafficked abroad and returned seldom reported 
their experiences to police because they feared social stigma and 
retaliation by traffickers. Men and women from the Russian Far East 
were trafficked to China, Japan, the Middle East, and South Korea for 
purposes of sexual exploitation, debt bondage, and forced labor, 
including in the agricultural and fishing industries. Moscow and St. 
Petersburg are destination centers for children trafficked within 
Russia and from Ukraine and Moldova for purposes of sexual exploitation 
and forced begging. Moscow continued to be a significant destination 
for men and women trafficked within Russia and from Kyrgyzstan, 
Tajikistan, Uzbekistan, Ukraine, Moldova, and Belarus for purposes of 
sexual exploitation and forced labor, including work in the 
construction industry. Moscow remained a transit point for women 
trafficked from Uzbekistan and Armenia to the United Arab Emirates for 
purposes of sexual exploitation. Men from Western Europe and the United 
States travelled to Western Russia, specifically St. Petersburg, for 
the purpose of child sex tourism.
    In August, a court in Nizhniy Tagil convicted five members of a 
gang accused of organizing a brothel and murdering as many as 15 women 
that were found in a mass grave in 2007. The gang forced underage women 
(13 to 19 years old) to work as prostitutes and killed those who 
refused. The court sentenced the leader of the gang, Eduard Chudinov, 
to life imprisonment and four others to various terms in maximum 
security penal colonies.
    In February, one man and three women in Ozersk, Chelyabinsk Oblast, 
were charged with organizing a brothel at a local sauna and coercing 
underage women (15 to 19 years old) to become prostitutes, severely 
beating those who tried to escape. In June the head of the gang, a 26-
year-old woman, was arrested. The trial began soon after the arrest but 
had not reached a conclusion by year's end. If convicted, the 
prosecutor stated that the accused would be subject to a 6- to 8-year 
sentence in prison.
    Traffickers typically targeted unemployed females between the ages 
of 14 and 45, with females between the ages of 15 and 25 being the 
primary targets, with promises of economic or educational opportunities 
abroad. Some victims knowingly agreed to work in prostitution before 
realizing the severity of the conditions and abuse they would suffer.
    Traffickers targeted homeless children or children in orphanages 
for sexual exploitation. There were no reliable estimates of how many 
children were trafficked. The country has become a major producer and 
distributor of Internet child pornography, leading to confirmed cases 
of child sex trafficking and child sex tourism.
    Traffickers typically used a front company, frequently an 
employment agency, travel agency, or modeling company, to recruit 
victims with promises of well-paying work overseas. Victims often 
surrendered their passports or other documentation to their employers, 
despite passage of a 2007 migration law requiring workers to register 
directly with the state.
    Traffickers threatened workers with deportation or prosecution if 
they demanded payment for their work and often threatened to harm 
victims' families if they tried to escape.
    Trafficking and forced labor are punishable by a maximum of 15 
years' imprisonment, recruitment into prostitution by a maximum of 
eight years, organization of a prostitution business by a maximum of 10 
years, and manufacture and distribution of child pornography by a 
maximum of eight years. Convicted traffickers may have their assets 
confiscated.
    The Government officially opposed human trafficking and was 
effectively using anti-trafficking statutes and traditional criminal 
remedies to prosecute traffickers. Human trafficking and child sexual 
exploitation investigations and prosecutions significantly increased 
over the past four years. However, corruption among police and border 
guards remained a serious problem, and there were allegations that 
corrupt police and border guards protected and facilitated trafficking. 
Where such instances were discovered, the corrupt officials were 
prosecuted.
    There were three human trafficking shelters in the country, 
although they are funded by American and European money. The 
Government, and in particular the MVD and Federal Border Service, 
worked closely with these shelters during the year but did not fund 
them. A significant impediment to adequate assistance to trafficking 
victims was the lack of comprehensive victim assistance legislation 
that protects trafficking victims. A patchwork network of local 
government, regional government, local NGOs, and international 
organizations provided assistance and protection for trafficking 
victims. Although the Duma passed witness protection legislation 
designed, inter alia, to assist trafficking victims, it was not 
effective.
    There was no official federal trafficking prevention program, 
although a number of ministries addressed trafficking on an individual 
basis; both the MVD and Ministry of Foreign Affairs Web sites contained 
information cautioning travelers abroad about the hazards of human 
trafficking. On a regional and local level, there were a number of 
active trafficking prevention campaigns, albeit typically conducted by 
local NGOs, often with varying degrees of support from NGOs, ranging 
from in-kind support such as facilities and equipment to active 
agreements between regional government and NGOs. For example, the local 
administration in Vladivostok supported a local NGO in anti-trafficking 
activities.
    During 2007, the Ministry of Internal Affairs increased trafficking 
investigations by 50 percent and worked closely with foreign 
governments to assist international trafficking prosecutions. 
Government officials shared information on investigations and 
prosecutions but had no specific mechanism in place to track 
prosecutions, convictions, and sentences. The majority of trafficking 
initiatives remained local. However, no progress had been made on 
creation of a national action plan and a high-level government office 
to coordinate trafficking activities by year's end.
    There were continued allegations that corrupt government officials 
facilitated trafficking. Corrupt elements in the Ministry of Internal 
Affairs and other law enforcement bodies allegedly facilitated and, in 
some cases, controlled trafficking. Individual officials reportedly 
took bribes from traffickers in return for false documents and the 
facilitation of visa fraud. Law enforcement sources agreed that 
document fraud was often 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 activity. There were reports of prosecutions of officials 
involved in such corruption.
    The IOM's Human Trafficking Rehabilitation Center continued to 
receive its funding primarily from foreign donors and stated that 
without government funding, it might be forced to close at some point 
during 2009. However, during the year the center functioned with 
sufficient funding.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--Several laws prohibit discrimination 
against persons with disabilities or mandate equal treatment of them; 
however, the Government generally did not enforce these laws. Citizens 
with disabilities continued to face discrimination and were denied 
equal opportunity to education, employment, and access to social 
outlets. The situation for persons with disabilities has reportedly 
worsened due to the replacement of government subsidies for items such 
as transportation and medicine with cash payments in 2004. Some 
affluent regions, such as Moscow, preserved benefits for persons with 
disabilities at preexisting levels, while most other regions provided a 
limited number of benefits, such as free transportation.
    The Ministry of Health and Social Protection estimated that there 
were 15 million persons with disabilities. In 2006, the human rights 
ombudsman said that in the previous 10 years, more than 120,000 persons 
became invalids as a result of military actions and war injuries. 
According to the NGO Perspektiva, the number continued to grow as a 
result of new conflict; however, there were no new figures available at 
year's end. Persons with disabilities were generally excluded from the 
social and political life of their communities and isolated from 
mainstream society.
    During 2007, police discovered and arrested a criminal ring that 
forced persons with disabilities to beg in the streets of Moscow. There 
were no further developments in this case by year's end.
    The residents of institutions for adults with disabilities were 
mainly ``graduates'' of the institutions for children. Institutions 
rarely attempted to develop the abilities of the residents. Residents 
were frequently confined to the institutions and sometimes movement 
within the institutions was restricted. The use of psychotropic drugs 
as punishment was allegedly widespread. Conditions in the institutions 
were often poor, with unqualified staff and overcrowding.
    Laws provide penalties for enterprises that fail to build ramps or 
other accessibility features but contain no enforcement mechanisms. 
Federal law on the protection of persons with disabilities requires 
that buildings be made accessible to persons with disabilities, but 
authorities did not enforce the law and in practice most buildings were 
not accessible.
    Laws providing employment quotas exist at the federal and local 
levels; however, some local authorities and private employers continued 
to discourage persons with disabilities from working, and there was no 
penalty for failure to honor quotas. Human rights NGOs made some 
progress in persuading foreign companies in larger cities, including 
Moscow, to consider persons with disabilities as potential employees, 
and the Moscow city government reportedly encouraged employers to hire 
disabled persons. According to the NGO All-Russia Society of Disabled 
Persons, the overall number of persons with disabilities in the 
workforce declined from 72,500 in 2002 to 28,000 in 2007. The NGO 
attributed this to the 2002 elimination of tax benefits, which 
encouraged employment of persons with disabilities. In December, the 
NGO Perspektiva reported that the number of unemployed persons with 
disabilities had decreased to 85 percent from 90 percent in 2007.
    In 2007, the Ombudsman's Office reported that approximately 700,000 
of the country's invalids were children. Authorities generally 
segregated children with disabilities from mainstream society through a 
system that institutionalized children until adulthood. Observers 
concluded that issues of children's welfare were often ignored and 
little clear recourse to systemic problems of abuse existed. Human 
rights groups alleged that children in state institutions were poorly 
provided for and, in some cases, physically abused by staff members. 
``Graduates'' of state institutions also often lacked the necessary 
social, educational, and vocational skills to function in society. 
According to a 2006 report by the Prosecutor General's Office, half of 
the more than 600,000 children with disabilities in state care lacked 
medicines, hearing aids, and wheelchairs. The NGO Children's Rights 
confirmed that this situation had not changed during the year.
    There appeared to be no legal mechanism for contesting commitment 
to a facility for the disabled. The assignment of categories of 
disability to children with mental disabilities often followed them 
through their lives. The labels ``imbecile'' and ``idiot,'' which were 
assigned by a commission that assesses children with developmental 
problems at the age of three and signified that a child was uneducable, 
almost always were irrevocable. Even the label of ``debil'' (slightly 
retarded) followed an individual 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 were few advocates 
for the rights of institutionalized children.
    Youths with disabilities not in institutions faced significant 
barriers to education, including lack of access to schools.
    Education authorities often tried to keep youths with disabilities 
out of school due to lack of special programs. At the same time, the 
``home program'' for children with disabilities was highly inferior to 
school classes. 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.
    NGOs cited some examples of courts ordering children with 
disabilities admittance to schools that initially refused to take them. 
For example, two children with disabilities in Petrozavodsk, Karelia, 
were denied permission to attend a preschool program because the 
preschool stated that it did not have the capacity to accommodate 
children with their disabilities. In a final decision in April 2007, 
the Petrozavodsk court ruled that the children's right to education had 
been violated, and the court ordered a local special school (at the 
time of the verdict, the children were of school age) to provide a 
satisfactory special education program for the children.
    According to government reports, of approximately 450,000 school-
age children with disabilities, approximately 200,000 did not receive 
any education. Of the approximately 250,000 who received an education, 
140,000 attended regular schools, 40,000 studied at home, and 70,000 
attended special schools. Because special schools comprised only 3 
percent of all schools, most children with disabilities could not study 
in the community where they lived, were isolated from other members of 
the community, and received an inadequate education.
    Persons with disabilities faced barriers to participation in 
political life, including inaccessible government buildings. The 
election laws contain no special polling-place accessibility 
provisions, and the majority of polling places were not accessible to 
persons with disabilities.
    Government bodies charged with protecting human rights also 
protected the rights of persons with disabilities. These bodies carried 
out a number of inspections in response to complaints from disability 
organizations and, in some cases, subsequently appealed to the 
responsible agencies to remedy the situation. The human rights 
ombudsman conducted inspections of homes for children with mental 
disabilities that disclosed severe violations of children's rights and 
substandard conditions.

    National/Racial/Ethnic Minorities.--The law prohibits 
discrimination based on nationality; however, minorities were subjected 
to frequent discrimination by government officials. There continued to 
be a steady rise in societal violence and discrimination against 
minorities, particularly Roma, persons from the Caucasus and Central 
Asia, and dark-skinned persons, as well as foreigners. Skinhead groups 
and other extreme nationalist organizations fomented racially motivated 
violence; the number of hate crimes increased. Racist propaganda was 
still a problem during the year, although there were an increasing 
number of convictions for inciting ethnic hatred through propaganda.
    Federal and local law enforcement continued disproportionately 
targeting members of ethnic minorities. Police reportedly beat, 
harassed, and demanded bribes from persons with dark skin or who 
appeared to be from the Caucasus region, Central Asia, or Africa.
    Authorities in Moscow continued to subject dark-skinned persons to 
far more frequent document checks than others and frequently detained 
or fined them in amounts that exceeded legally permissible penalties.
    Police often failed to record infractions against minorities or to 
issue a written record to the alleged perpetrators. Law enforcement 
authorities also targeted such persons for deportation from urban 
centers. According to the UNHCR, five temporary accommodation centers 
across Chechnya were closed during 2007.
    During the August conflict with Georgia, in contrast with the 2006 
diplomatic dispute between Russia and Georgia, Russian authorities did 
not open a campaign against the approximately one million ethnic 
Georgians living in Russia. At the time of the 2006 dispute, Russian 
officials stepped up actions against ethnic Georgians. Approximately 
4,000 persons were deported, and there were raids on Georgian 
businesses, police demands for lists of Georgian students, and an 
interruption in transportation and postal links.
    In March 2007, authorities in Chudovo, Novgorod Oblast, demolished 
the homes of several members of the local Romani community. According 
to a court decision, the construction of the homes was unauthorized as 
there were no proper deeds of ownership for the houses or land.
    Authorities previously bulldozed 37 houses in 2006 that belonged to 
more than 200 Roma, including more than 100 children, in the village of 
Dorozhnoe, Kaliningrad Oblast, and set fire to the ruins. More than 100 
of the displaced Roma were forced to live in temporary shelters and 
were threatened with physical expulsion. Regional authorities began 
their eviction campaign by initiating court proceedings to have the 
Romani families' ownership of their homes declared illegal. According 
to observers, the proceedings violated fundamental standards of due 
process. In 2006, the Open Society Institute's Justice Initiative filed 
a request for interim measures with the ECHR on behalf of 33 of the 
evicted. The Justice Initiative carried out fact-finding missions in 
Kaliningrad in March 2007 and again in March, during which time three 
of the Romani litigants died. There were no further developments in the 
case at year's end.
    In Bashkortostan, authorities required applicants for new 
identification documents to state their ethnic origins contrary to the 
constitution, which states that ``nobody shall be forced to identify 
and state their ethnicity.''
    On September 14, unknown persons abducted a 35-year-old Ingush man, 
Magomed Khamkhoyev, and held him captive in the basement of a cottage 
in northwest Moscow for several days. During that time, he was beaten 
and tortured, but he managed to escape. An Ingush opposition leader 
later visited the cottage with police and was informed that the cottage 
belonged to a military unit of the Defense Ministry.
    Societal violence and discrimination on ethnic and racial grounds 
continued to be a serious, slowly increasing, and intractable problem. 
Government officials made appeals for tolerance but issues such as 
migration often exacerbated the problem. Numerous racially motivated 
attacks took place against members of minority groups and foreigners, 
especially those of Central Asian, Caucasian, or African ethnicity. 
These attacks took the form of beatings, extortion, and harassment by 
skinheads and members of other racist and extremist groups.
    Skinhead violence continued to be a serious problem. Skinheads 
primarily targeted foreigners, particularly Asians and individuals from 
the Northern Caucasus, although they also expressed anti-Muslim and 
anti-Semitic sentiments. According to the Ministry of Internal Affairs, 
neofascist movements had approximately 15,000 to 20,000 members, of 
which more than 5,000 were estimated to live in Moscow. According to 
the MBHR, there were up to 60,000 skinhead and radical nationalistic 
organizations operating in the country. Skinhead groups were most 
numerous in Moscow, St. Petersburg, Nizhniy Novgorod, Yaroslavl, and 
Voronezh.
    According to the SOVA center, during the year 85 persons were 
killed and 367 injured in violent attacks by nationalists, an increase 
from 75 killed (with 550 injured) in 2007. The MBHR reported 180 
racially motivated attacks resulting in 81 deaths and 217 injuries 
during the year. The MBHR also reported 205 convictions for 
``aggressive xenophobia'' during the year. According to the Ministry of 
Internal Affairs, 8,963 crimes were committed against foreign citizens 
or persons without citizenship during the first six months of the year, 
approximately a 5 percent decrease from 2007.
    On March 16, a group of 15 neo-Nazis attacked and killed Alexey 
Krylov on his way to an antifascist concert in Moscow. Prior to the 
concert, postings had appeared on a Web site, giving instructions on 
how to watch for people going to the concert.
    In May, a group of 10 skinheads attacked three students of the Ufa 
(Bashkortostan) State Technical Aviation University. Among the victims 
were Kyrgyz and Vietnamese nationals. During the attack the young men 
shouted ``Russia is for Russians.'' One of the victims was hospitalized 
with a knife wound.
    On July 28, five young men in masks attacked a group of Tajik guest 
workers in Moscow and threw incendiary devices into their homes, 
severely injuring many of the victims. The attack was seen as a 
reprisal for the sentencing that day of 13 persons for a string of 
ethnically inspired attacks. Some of the incendiary devices had neo-
Nazi symbols on them. At year's end no arrests had been made in the 
case.
    On November 4-National Unity Day, which has increasingly been used 
by ultranationalists as a rallying point-10 neo-Nazis attacked a 
Turkmen embassy official, Kyrbandury Saparov. He suffered bruises and 
was hospitalized. In separate attacks on the same day, an unidentified 
Uzbek and a Turkmen were stabbed to death. Prior to National Unity Day, 
the Movement Against Illegal Immigration distributed leaflets calling 
on Russians to kill ``persons of Caucasus nationality.''
    In December, individuals from a nationalist group calling itself 
the Militant Organization of Russian Nationalists attacked two Tajik 
workers south of Moscow, beheading one and leaving his head in a 
dumpster 12 miles away. At year's end the SOVA center reported that 
authorities were working with them to find the perpetrators; however, 
no arrests had been made in the case.
    There were developments in ethnically motivated killings reported 
in previous years.
    On October 1, Artur Ryno and Pavel Skachevsky, the ringleaders of a 
skinhead criminal group accused of 20 murders and 12 attempted murders 
from 2006 to 2007, pleaded guilty to all charges against them. Two 
other members of the group pleaded guilty, while two others denied the 
charges. Sentences ranged from six to 20 years in prison. Human rights 
activists criticized the sentences as insufficient. In August 2007, 
Ryno's gang murdered Shamil Umadanov, a worker in Moscow from Dagestan, 
along with an unidentified man and subsequently posted the killing on 
the Internet. In June the Investigative Committee of the General 
Prosecutor's Office determined that the killing took place in the 
Kaluga region of the country.
    On July 29, three persons were found guilty in Saratov Oblast for 
participating in the June 2007 attack and murder of two workers, 
including one from Chechnya. Two were found guilty for the murder of 
Zurab Albastov and one was found guilty for the murder of Azrutdin 
Galimov. However, they were convicted for ``murder completed on 
hooligan motives,'' not for murder based on ethnic hatred.
    In December, the St. Petersburg Prosecutor's Office completed the 
investigation of the Borovikov gang case. Members of the gang, which 
was active between 2003 and 2006, were charged with seven murders 
motivated by ethnic hatred, including the murder of Nikolay Girenko and 
a Senegalese student. However, there was no verdict by year's end.
    In June, seven skinheads who filmed and published their undated 
acts of racist violence actions on the Internet received six- to 10-
year prison sentences in a Moscow court. They were also ordered to pay 
compensation to the families of the victims.
    There were no developments in the February 2007 killing, presumed 
by the Prosecutor's Office to be racially motivated, of Fagret Naimov 
and the assault of another Uzbek man in St. Petersburg; the 2006 
killing of Grigoriy Marienkov, an 80-year-old Romani man from the 
Volgograd region; the 2006 killing of Singh Nitesh Kumar, an Indian 
medical student studying in St. Petersburg; or the 2006 stabbing of a 
nine year-old girl, whose father was a native of Mali, in St. 
Petersburg.
    On December 2, seven men were sentenced to six to 20 years' 
imprisonment for the racially motivated murders of 19 individuals. The 
group preyed on Central Asians, Caucasians, and other dark-skinned 
individuals. Their attacks were often filmed and broadcast on the 
Internet.
    On May 15, a Moscow court found four persons guilty of terrorism 
and participation in a criminal association in connection with the 2006 
bombing of the Cherkizovskiy market in Moscow that killed 13 persons 
and injured 53, many of whom were from the North Caucasus and Central 
Asia. All four received a sentence of life imprisonment.
    During the year court cases continued pertaining to the 2006 ethnic 
rioting in Kondopoga, Karelia. In 2006, a former police major received 
a four-year suspended sentence for ``negligence leading to the death of 
two or more persons'' and 12 other persons each received a three-year 
suspended sentence for participating in the rioting. In March 2007, a 
court sentenced two Russians to three-and-a-half years and eight months 
in prison for instigating the fight that precipitated the rioting. 
Since 2007, court proceedings were ongoing for six ethnic Caucasians 
charged with murder, assault, or hooliganism. On June 19, the Karelia 
Supreme Court began hearings of the case. On July 22, the court brought 
official charges against the six ethnic Caucasians. At year's end the 
case remained in court.
    In 2006, a homemade bomb exploded outside the Moscow apartment of 
antifascist activist, Tigran Babadzhanian, injuring police who were 
trying to defuse it. Babadzhanian's photograph had previously been 
posted on skinhead Internet sites, and he had received death threats. 
The district prosecutor's office opened a criminal investigation for 
``hooliganism committed in a socially dangerous way'' and identified 
three suspects from an extremist group. However, in 2007 the charge was 
reduced to ``damage of property.'' As a result of continued concern for 
his safety and that of his family, Babadzhanian and his family fled to 
Armenia and remained there at year's end.
    Police investigations of such cases were frequently ineffective, 
and authorities were at times reluctant to acknowledge the racial or 
nationalistic element in the crimes, often calling attacks 
``hooliganism.'' Many victims, particularly immigrants and asylum 
seekers who lacked residence documents recognized by police, chose not 
to report such attacks or experienced indifference on the part of 
police. According to the SOVA Center, willingness to acknowledge hate 
crimes varied widely depending on the personal views of the prosecutor; 
they noted that the number of prosecuted hate crimes in Moscow 
significantly increased after a new prosecutor took over.
    According to the SOVA Center, there were 85 convictions during the 
year for ethnically or racially motivated crimes, compared with 24 
convictions in 2007 and 109 convictions in 2006. In most cases, the 
attackers wore skinhead attire or proclaimed nationalist slogans.
    Muslims and Jews continued to encounter prejudice and societal 
discrimination, although it was often difficult to separate religious 
discrimination from ethnic discrimination.
    Attempts to address xenophobia at the national level were almost 
nonexistent; however, there was evidence that officials were addressing 
the problem at a local level. For example, in Karelia in 2007, one year 
after the ethnic riots in Kodopoga, authorities attempted to generate 
dialogue among various ethnic and religious groups, and prosecutions on 
both sides of the riot were generally reported to be proceeding fairly. 
The Karelian Prosecutor's Office reported in December that one resident 
of Karelia was found guilty of inflaming religious hatred through 
Internet publications and was given a one-year suspended sentence. As 
in previous years, the St. Petersburg local government continued to run 
the tolerance program aimed at combating racism and xenophobia; 
however, NGOs were not involved with the initiative. In general, law 
enforcement agencies did not do enough to address the problem, in part 
because the Government did not provide the necessary resources and, in 
some cases, because some working-level staff allegedly sympathized with 
the nationalistic causes.

    Indigenous People.--The law provides for 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 regions local communities organized to study and 
make recommendations regarding the preservation of indigenous cultures. 
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 asserted that they received the same 
treatment as ethnic Russians, although some groups believed they were 
not represented or were underrepresented in regional governments.
    The principal problems of indigenous persons in recent years 
included the distribution of necessary supplies and services, 
particularly in the winter for those who lived in the far north, and 
claims to profits from exploitation of natural resources.
    Due to the construction of a new port in the village of Vistino, 
outside of St. Petersburg, the Izhora people, listed in the law on 
small and indigenous peoples, were losing their traditional fishing 
sites. In the course of construction of the new port, the only road to 
the village was destroyed and bus service to the village was 
terminated. According to the environmental NGO Zeleny Mir, government 
officials did not take into account the objections of Izhora 
representatives in this decision; however, there was no evidence that 
the Izhora people were specifically targeted for eminent domain.
    There continued to be reports of pressure on members of the Finno-
Ugric Mari ethnic group. The Moscow Helsinki Group and International 
Helsinki Federation for Human Rights asserted that authorities 
prosecuted two activists in 2006 on politically motivated charges for 
their involvement in the Mari national movement. One activist, Vitaliy 
Tanakov, who published a brochure about the Mari persons and their 
religious beliefs, was convicted for inciting ethnic, racial, or 
religious enmity and sentenced to 120 hours of labor. A second 
activist, Nina Maksimova, faced similar charges for helping to 
distribute the brochure.
    NGO reports from 2006 through the end of the year noted that wider 
government use of authoritarian methods of rule, harsher migration laws 
and campaigns against illegal migration, increasing authority of law 
enforcement bodies, and reduction in government support for minority-
language media and education had adversely affected national 
minorities.

    Other Societal Abuses or Discrimination.--Persons with HIV/AIDS 
often encountered discrimination. Federal AIDS law contains 
antidiscrimination provisions but was frequently not enforced. HRW 
reported that HIV-positive mothers and their children faced 
discrimination in accessing healthcare, employment, and education. 
Persons with HIV/AIDS found themselves alienated from their families, 
employers, and medical service providers. In 2006, the Moscow city Duma 
criticized the activities of foreign NGOs that fight HIV/AIDS for 
allegedly encouraging pedophilia, prostitution, and drug use among 
teenagers.
    While homosexuality is not illegal, the gay community continued to 
suffer societal stigma and discrimination. Medical practitioners 
reportedly continued to limit or refuse their access to health services 
due to intolerance and prejudice. According to recent studies, male 
homosexuals were refused work due to their sexuality. Openly gay men 
were targets for skinhead aggression, which was often met with police 
indifference. A few gay rights organizations operated out of public 
view.
    The law does not provide for increased penalties for violence 
motivated by sexual orientation. In March, two youths killed a man in 
Sverdlovsk Oblast whom they perceived to be a homosexual. Both 
individuals were arrested and remained under investigation. There was 
no update in the case at year's end.
    On June 1, gay pride activist Alexey Davydov was assaulted while 
addressing reporters at the Moscow Gay Pride event. Members of the 
National Slavonic Union pushed to the ground and severely beat Davydov. 
The police managed to arrest the attackers, although police also 
detained Davydov and sent him to the same police station along with the 
attackers. There were reportedly no charges filed against the 
perpetrators.
Section 6. Worker Rights
    a. The Right of Association.--Although the law provides workers the 
right to form and join unions, in practice government policy limited 
the exercise of this right. The Federation of Independent Trade Unions 
of Russia (FNPR) reported that approximately 50 percent of the 
workforce was unionized, and approximately 95 percent of union members 
belonged to the FNPR (approximately 27.8 million members in 2007). 
Three other unions had memberships between 500,000 and one million 
persons. There were many smaller unions, but they were not formal or 
organized and did not provide membership statistics.
    The FNPR and other trade union federations acted independently of 
the Government at the federal level, but in some cases FNPR unions were 
affiliated with local political structures, giving the FNPR advantages 
over unions without political ties. FNPR unions frequently included 
management as part of the bargaining unit or elected management as 
delegates to its congresses.
    Despite a separate law specifically governing trade unions, the FRS 
stated that the legal provisions that govern the creation and operation 
of NGOs also apply to unions. Specifically, the FRS has stated that 
trade unions must receive permission to register and submit program and 
financial reports to authorities and that their failure to do so can 
result in a legal process to abolish the union. However, according to 
the law, labor unions are not required to register with the FRS. 
Although the Government oversight agency has the right to attend union 
meetings and monitor all union activities, there was no evidence during 
the year that government oversight agencies had attended union meetings 
or monitored their activities.
    If labor union activities contradict the national constitution, 
regional constitutions, or federal laws, the Supreme Court or the 
corresponding regional courts can ban or suspend those activities for a 
period of six months. Furthermore, a labor union's activity may be 
suspended or forbidden by law enforcement bodies in accordance with the 
federal law on ``Fighting Extremist Activities.''
    According to labor rights and labor union organizations, there were 
no cases by year's end of the Government using the anti-extremist 
legislation to prohibit collective action by labor unions. However, in 
some cases the ``extremist'' pretext was used against individual union 
members. For example, in July 2007 an AvtoVAZ union activist was 
prosecuted for extremist activities (distribution of ``antisocial'' 
leaflets among the factory employees). The AvtoVAZ labor union claimed 
that the accusations were fabricated.
    The law provides for the right to strike; however, this right 
remained difficult to exercise. Most strikes were considered 
technically illegal because they violated one or more of the 
exceedingly complex procedures governing disputes. A strike may be 
called at an enterprise only after approval by a majority vote at a 
conference composed of at least two-thirds of all personnel, including 
management.
    The law specifies that a minimum level of essential services must 
be provided if a strike could affect the safety or health of citizens. 
Strikes are prohibited in the railway and aviation sectors, government 
and military agencies, at nuclear power stations, and in disaster 
assistance organizations. Workers in these sectors at times resorted to 
other forms of protest, such as rallies, days of action, or hunger 
strikes. Although the law prohibits reprisals for strikes, they 
frequently occurred and included threats of night shifts, denial of 
benefits, blacklisting, and firing. Strike actions were further 
discouraged by the ability of civil courts to order 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, labor actions were often organized by strike 
committees rather than by unions.
    In June, assailants attacked Sergei Bruzgalov, one of the Taganrog 
Automobile Plant labor union activists, on the street while going home 
after the work shift. He was hospitalized for one month with serious 
injuries. The perpetrators were not found.
    In November, there were two attempts to attack Aleksei Etmanov, the 
leader of the labor union at the Ford plant in St. Petersburg. Police 
were not able to find the suspects.
    There were other cases of extreme pressure on union activists. In 
December police detained and held Aleksei Konarev, a Tenneco Automotive 
Volga Plan labor union activist, in the police station for four hours. 
The police later released him with the explanation that he had been 
mistaken for a certain criminal.
    In December, Valentin Urusov, the union leader of the Alrosa 
Company Subsidiary in the town of Udachny (Republic of Sakha) was 
sentenced to six years' imprisonment for ``keeping'' narcotics. Union 
members asserted that the case was fabricated as retaliation by the 
company's owners and management for Urusov's union activity. His 
lawyers claimed they would bring the case for appeal in the court of 
higher instance.
    In June 2007, at least two persons stabbed and beat a local 
politician and chairman of the Kaliningrad branch of the independent 
Dockers' Union of Russia, Mikhail Chesalin, who was hospitalized with 
serious injuries. While local NGOs claimed the attack was motivated by 
Chesalin's longstanding dispute with the management of the dock, police 
treated the case as a simple assault. In October 2007, after a wave of 
public support for Chesalin, the case was officially closed; the 
criminals were not found.

    b. The Right to Organize and Bargain Collectively.--The law 
recognizes the right of unions to conduct their activities without 
interference and the right to bargain collectively, but also gives 
employers a strong role in labor relations. Collective bargaining is 
legally mandated if either an employer or employees requests it. The 
law obliges labor and management to enter into negotiations within 
seven days of such a request and sets a three-month time limit for 
concluding an agreement. Unresolved issues are to be included in a 
protocol of disagreement, which may be used to initiate a collective 
labor dispute. Negotiations were often slow and difficult. Employers 
were often reluctant to accept union requests for collective bargaining 
and did not provide financial reports (including base wages) to unions. 
According to the International Trade Union Confederation, the law 
specifies that company information on wages is a commercial secret. 
Lack of access to such information disadvantaged unions engaged in 
collective bargaining. According to the International Labor 
Organization (ILO), unions experienced the most difficulty engaging 
employers in collective bargaining in the trade, tourism, and 
agricultural sectors.
    The law requires the designation of a majority union as the 
exclusive bargaining agent for workers at an enterprise, a provision 
that favors larger unions. The labor code also stipulates that there be 
only one collective agreement per enterprise, covering all employees, a 
provision that limits the ability of professional or ``craft'' unions 
(the majority of new unions in the country) to represent their members. 
Only an enterprise-level affiliate of a national trade union body may 
negotiate with the employer, even if the majority union is an 
independent or craft union. An employer has the right to refrain from 
negotiating with trade unions whose membership does not comprise a 
majority of an enterprise's workers. Smaller unions have the right to 
send a representative to negotiations, but their participation depends 
on the majority union and the employer. Employers who tried to 
negotiate with smaller unions encountered difficulties, as demands were 
often contradictory and unstructured.
    In 2006, the FNPR reported that approximately 88 percent of its 
enterprises had collective bargaining agreements. This figure did not 
include other agreements that may not have been registered with the 
Labor Ministry. The law states that collective agreements become 
effective upon signature, whether registered or not.
    The law prohibits antiunion discrimination, but management 
harassment of union leaders and employees continued to be a problem. 
Neither the ILO nor the FNPR characterized such harassment as a 
political or large-scale trend. While high-level officials and 
ministries generally were not antiunion, harassment occurred at the 
local level. Union leaders were sometimes followed by security 
services, detained for questioning by police, and subjected to heavy 
fines, losses of bonuses, and demotions. Unregistered unions faced 
operational constraints, such as difficulty in opening bank accounts 
and collecting fees. There were, however, fewer reports of employers 
using tax authorities or offices of the public prosecutor to put heavy 
pressure on unions by initiating falsified investigations, which often 
resulted in large decreases in union membership.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor; however, there were reports that such 
practices occurred. According to credible reports, approximately one 
million illegally employed migrants from other countries of the former 
Soviet Union were forced to work without pay because the firms that 
brought them into the country held their passports. There were also 
reports that women, children, and men were trafficked for commercial 
sexual exploitation and labor.
    In August, police arrested two businessmen suspected of labor 
exploitation in Gubakha, Perm Kray. According to prosecutors the 
suspects had been detaining homeless persons since 2003 and forcing 
them to work at construction sites. A criminal case opened in August. 
Two articles were cited in the investigation-``Unlawful deprivation of 
freedom'' and ``Unlawful use of slavery labor''-with possible penalties 
of up to 10 years in prison. At year's end, the case was still in 
progress.
    While many North Koreans, Kyrgyz, Uzbeks, and Tajiks worked under 
difficult circumstances in the country, they usually appeared to do so 
voluntarily and for wages that were high by home country standards.
    There were reported incidents in previous years of military 
officers forcing soldiers under their charge to work for private 
citizens or organizations, often under abusive conditions.
    The law prohibits forced or bonded labor by children; however, such 
practices reportedly occurred.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
While the law is intended to protect children from exploitation in the 
workplace and prohibits forced or compulsory labor, the Government did 
not effectively implement laws and policies to protect children from 
exploitation in the workplace, as it did not consider child labor a 
social problem. There continued to be reports that children were 
trafficked for commercial sexual exploitation and labor. According to 
the NGO Children's Rights, it was difficult to pinpoint in which 
sectors trafficked children worked due to the shadow economy in which 
they were involved; however, they believed that the children's work was 
primarily producing textiles.
    While there have been no recent statistical studies, prosecutors 
from around the country stated that the child labor problem was 
worsening. However, the Ministry of Health and Social Development's 
Federal Labor and Employment Service (FLES) and the Ministry of 
Internal Affairs, which are responsible for child labor matters, did 
not enforce the laws effectively. The law prohibits most employment of 
children under the age of 16 and regulates the working conditions of 
children under the age of 18, including prohibiting dangerous nighttime 
and overtime work. Children are permitted, under certain conditions and 
with the approval of a parent or guardian, to work at the age of 14. 
Such work must not threaten a child's health or welfare.
    The FLES is responsible for checking enterprises and organizations 
for violations of labor and occupational health standards for minors. 
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 employing children and the 
availability of adult workers at low wages generally prevented 
widespread abuse of child labor. However, children working and living 
on the streets remained a problem and were at heightened risk of being 
trafficked.

    e. Acceptable Conditions of Work.--The monthly minimum wage, 
essentially an accounting reference for calculating transfer payments, 
increased at the end of the year from 2,300 rubles ($63) to 4,330 
rubles ($119). The amounts were not sufficient to provide a decent 
standard of living for a worker and family. Monthly subsistence wages 
have been set at the regional level since 2004 and averaged 3,880 
rubles ($162) in 2007. Approximately 14 percent of the population had 
incomes below the official subsistence minimum. According to official 
statistics from the Ministry of Economic Development and Trade, one-
third of salaries were unreported; unofficial estimates claimed that up 
to one-half of salaries were unreported.
    The law provides for a standard workweek of 40 hours with at least 
one 24-hour rest period and requires premium pay for overtime or work 
on holidays; however, workers complained that employers required them 
to work in excess of the standard workweek, abrogated negotiated labor 
agreements, and transferred them against their will.
    The law penalizes employers who pay their employees late or make 
partial payments and requires employers to pay two-thirds of a worker's 
salary if the worker remains idle by fault of the employer. Courts 
often ruled in favor of employees seeking payment of back wages. 
Collection, which had been difficult in previous years, improved. 
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. Individually 
filed cases made for a lengthier process, one more difficult for the 
individual worker, and one that left them more exposed to possible 
retaliation.
    Although the law establishes minimum conditions for workplace 
safety and worker health, the Government did not allocate sufficient 
resources to enforce these standards effectively. According to the 
Center for Social and Labor Rights, approximately one-third of 
employees worked under unsafe conditions. In many cases, workers wore 
little protective equipment in factories, enterprises stored hazardous 
materials in open areas, emergency exits were locked, and smoking was 
permitted near flammable substances. The labor code requires businesses 
employing more than 50 workers to establish a work safety division and 
create a work safety specialist position; the code includes procedures 
for investigating industrial accidents.
    The law provides workers the right to remove themselves from 
hazardous or life-threatening work situations without jeopardy to their 
continued employment; however, the Government did not effectively 
enforce this right. Many companies employing workers in hazardous 
conditions (such as the mining industry) awarded bonuses based on 
worker productivity, thereby encouraging workers to jeopardize their 
safety for higher salaries. Statistics on safety violations and 
workplace accidents and deaths were not complete or reliable, and the 
risk of industrial accidents or death for workers remained high. Labor 
inspectors, injury compensation offices, and RosStat collected limited 
information on workplace accidents. The ILO cautioned that the number 
of deaths was underreported by 70-90 percent. Accidents were rarely 
reported in small and medium-sized businesses, while large companies 
provided better reporting.
    The law entitles foreign workers working legally in the country to 
the same rights and protections as citizens. Foreign workers residing 
and working illegally in the country were subject to deportation but 
could seek recourse through the courts. According to the Federal 
Migration Service, during the year the number of illegal migrants was 
between five and eight million persons. According to independent 
experts (Institute of Demographics, Center for Migration Studies, and 
others) the number ranged between three and seven million persons. Most 
of these migrants were citizens of other countries of the former Soviet 
Union and were working for lower wages than Russian citizens and in 
generally poor conditions.
    Legislation passed in 2007 clarified labor laws for migrant 
workers, and there were numerous examples of local authorities' 
efforts, in collaboration with NGOs, to protect migrant workers from 
exploitation. Nonetheless, during the year there continued to be 
reports that migrant workers suffered from unequal access to employment 
and health care.

                               __________

                               SAN MARINO

    The Republic of San Marino, with a population of approximately 
30,000, is a multiparty democracy. The popularly elected unicameral 
Great and General Council (parliament) selects two of its members to 
serve as captains regent (cochiefs of state). They preside over 
meetings of the council and the Congress of State (cabinet), which has 
no more than 10 other members (secretaries of state) selected by the 
council. Parliamentary elections held on November 9 were considered 
free and fair Civilian authorities generally maintained effective 
control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. There were some reports of 
violence 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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that government officials employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards. The Government permitted visits 
by independent human rights observers. The human rights commissioner of 
the Council of Europe visited the penitentiary in January.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over the civil police, the Gendarmerie, 
and the National Guard, and the Government had effective mechanisms to 
investigate and punish abuse and corruption. There were no reports of 
impunity involving the security forces during the year.

    Arrest and Detention.--Suspects were apprehended openly with 
warrants based on sufficient evidence and issued by a duly authorized 
official. The law provides a detainee with the right to a prompt 
judicial determination of the legality of the detention, and the 
authorities generally respected this right in practice. There is a 
well-functioning bail system. Detainees are allowed prompt access to 
family members and to a lawyer of their choice; the state provides 
legal assistance to indigent persons.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right. Trials are 
public and are presided over by a single judge. There are no provisions 
for a jury trial. Defendants have the right to be present and to 
consult with an attorney even during preliminary investigations. 
Defendants can confront or question witnesses against them and present 
witnesses and evidence on their behalf. They have access to government-
held evidence relevant to their cases. They enjoy a presumption of 
innocence and have the right to two levels of appeal.
    In case of legal actions against military personnel, a civil judge 
is temporarily given a military grade and assigned to an ad hoc 
military tribunal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Judges act independently 
and impartially on civil matters, and administrative as well as 
judicial remedies exist for alleged wrongs, including human rights 
violations.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. As 
of March the country had 15,600 Internet users and more than 1,500 
broadband connections.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice.
    The Catholic Church receives direct benefits from the Government's 
income tax revenues; taxpayers may request that 0.3 percent of their 
income tax payments be allocated to the Catholic Church, regulated 
under a concordat with the Holy See, or to other charities, including 
religious groups such as the Waldesian Church, the Baha'is, and 
Jehovah's Witnesses-all of which are included in a registry of cultural 
associations.
    The Government does not require official recognition, registration, 
or licensing for religious groups. However, it requires legal status 
for tax or other commercial purposes.

    Societal Abuses and Discrimination.--There were small numbers of 
Muslims, Jews, and other religious groups in the country. During the 
year there were no reports of violence or discrimination against 
religious minorities or of anti-Semitic acts.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government was committed to cooperating with the Office 
of the UN High Commissioner for Refugees and other humanitarian 
organizations in providing protection and assistance to refugees, 
asylum seekers, stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--While the law does not provide for the 
granting of asylum or refugee status in accordance with the 1951 UN 
Convention relating to the Status of Refugees and its 1967 protocol, 
the Government has a system for providing protection to refugees. In 
practice, the Government provided protection against the expulsion or 
return of refugees to countries where their lives or freedom would be 
threatened. The Government may grant refugee status or asylum by an act 
of the cabinet. There were no requests for asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law 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.

    Elections and Political Participation.--Parliamentary elections 
held on November 9 were considered generally free and fair. The ``Pact 
for San Marino,'' a Center-Right coalition led by the Christian 
Democratic Party, won 35 of the 60 seats in the Great and General 
Council (the unicameral parliament).
    Political parties could operate without restriction or outside 
interference.
    Nine women were elected to the Great and General Council in the 
November elections, and two women were in the 10-member Congress of 
State.
    There were no members of minorities in the Government.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption. However, there were no reports of 
corruption by public officials during the year. Public officials are 
subject to financial disclosure requirements.
    The law provides for public access to government information, and 
the Government provided access for citizens and noncitizens through the 
Great and General Council's Web site.
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 restrict their formation. The Government declared 
itself open to investigations by international nongovernmental 
organizations (NGOs) of alleged human rights abuses; there were no 
known complaints or requests for investigations during the year.
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 effectively enforced it. 
On June 20, the parliament approved a law entitled ``Prevention and 
Repression of Violence against Women and Gender Violence,'' which 
defines proscribed acts against women, including domestic violence, and 
establishes a framework for state protection and assistance to victims 
and their families in all civil, criminal, or administrative 
proceedings, including legal assistance free of charge.

    Women.--Rape, including spousal rape, is a criminal offense, and 
the Government effectively prosecuted persons accused of such crimes. 
The penalty for rape is two to six years' imprisonment. In the case of 
aggravating circumstances, the penalty is four to 10 years' 
imprisonment. There were no reports of rape during the year.
    The law prohibits violence against women, and the Government 
effectively enforced it. The penalty for spousal abuse is two to six 
years' imprisonment. In the case of aggravating circumstances, the 
penalty is four to 10 years' imprisonment. According to official 
sources, there were 25 cases of violence against women during the year.
    Prostitution is illegal and was not common. No arrests were 
reported during the year.
    Sexual harassment is prohibited, and the Government effectively 
enforced the law. There were no reports of sexual harassment during the 
year.
    Women enjoy the same rights as men, including rights under family 
law, property law, and in the judicial system. There was no reported 
economic discrimination against women in pay, employment, or working 
conditions. There was no special government office to ensure the legal 
rights of women.

    Children.--The Government was committed to children's rights and 
welfare.
    Violence against or abuse of children was uncommon. According to 
government sources, there were six cases of violence against minors.

    Trafficking in Persons.--All forms of trafficking in persons became 
a criminal offense as of June 20, under a law replacing (and 
broadening) the penal codes' trafficking in slaves crime. The penalty 
for trafficking in persons is 10 to 20 years' imprisonment. If the 
trafficking involves minors, prostitution, or the taking of organs, the 
penalty is from 14 to 24 years' imprisonment. There were no reports 
that persons were trafficked to, from, or within the country during the 
year.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and in the provision of other state services, and the 
Government effectively enforced these provisions. There were no reports 
of societal discrimination against persons with disabilities. The 
Ministry for Territory has not fully implemented a law that mandates 
easier access to public buildings by persons with disabilities, and 
many buildings were inaccessible.

    Other Societal Abuses and Discrimination.--There were no reports of 
discrimination based on sexual orientation.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--By law all workers (except those in 
the Gendarmerie and National Guard) are free to form and join 
independent unions of their choice, and workers exercised this right. 
The law sets the conditions to establish labor unions. Union members 
constituted an estimated 50 percent of the workforce, which numbered 
approximately 15,000 citizens plus 6,000 workers who resided in Italy. 
The law allows all civilian workers, including the civil police, the 
right to strike, and workers exercised this right. A ``conciliatory 
committee'' composed of representatives from labor, business, and 
government generally resolved complaints of antiunion discrimination 
amicably.

    b. The Right to Organize and Bargain Collectively.--The law 
prohibits antiunion discrimination and allows unions to conduct their 
activities without interference, and the Government protected this 
right in practice. Collective bargaining agreements have the force of 
law and are applicable to all workers, whether unionized or not. 
Negotiations were conducted freely, often in the presence of government 
officials by invitation from both unions and employer associations.
    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 
Government effectively enforced laws and policies to protect children 
from exploitation in the workplace. The minimum age for employment is 
16, and the Ministry of Labor and Cooperation granted no exceptions. 
The law does not limit children between the ages of 16 and 18 from any 
type of legal work activity. The Government devoted adequate resources 
and oversight to child labor policies, and the Ministry of Labor and 
Cooperation effectively enforced compliance with the law.

    e. Acceptable Conditions of Work.--The national minimum wage is 
7.04 euros (approximately $9.92) per hour. According to NGOs, this 
amount did not provide a decent standard of living for a worker and 
family who do not own their own home. However, 90 percent of citizens 
owned their own homes, and wages generally were higher than the minimum 
provided by law.
    The law sets the workweek at 36 hours in the public sector and 37.5 
hours for industry and private businesses, with 24 consecutive hours of 
rest per week mandated for workers in both categories. The law requires 
a premium payment for overtime and allows a maximum of two hours of 
overtime per day. There was effective enforcement of laws and industry 
contracts that prohibit excessive compulsory overtime.
    The Government set safety and health standards, and the judicial 
system effectively enforced these standards. Most workplaces complied 
with the standards. However, there were exceptions, especially in the 
construction industry, where some employers did not consistently abide 
by safety regulations, such as work hour limitations. There were no 
serious on-the-job injuries reported during the year. 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.

                               __________

                                 SERBIA

    The Republic of Serbia is a parliamentary democracy with 
approximately 7.5 million inhabitants. Boris Tadic was reelected 
president on February 3. On May 11, voters elected a new parliament, 
with some minority ethnic parties winning seats. Observers deemed both 
elections to be mostly in line with international standards. On July 8, 
President Tadic selected Mirko Cvetkovic to be prime minister and lead 
the country's coalition government. Democratic parties formed a ruling 
coalition within constitutionally prescribed time limits. Civilian 
authorities generally maintained effective control of the security 
forces.
    The Government generally respected the human rights of its 
citizens; however, the following human rights problems were reported: 
police brutality; corruption in the police and the judiciary; 
inefficient and lengthy trials; government inability to apprehend the 
two remaining fugitive war crimes suspects under indictment of the 
International Criminal Tribunal for the former Yugoslavia (ICTY); 
harassment of journalists, human rights advocates, and others critical 
of the Government; limitations on freedom of speech and religion; 
societal intolerance and discrimination against ethnic and religious 
minorities, particularly Roma; large numbers of internally displaced 
persons; violence against women and children; and trafficking in 
persons.
    During the year the Government arrested and extradited Stojan 
Zupljanin and Radovan Karadzic, two of the final four indictees sought 
by the ICTY for war crimes.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
on August 15, Ranko Panic died from internal injuries after police 
allegedly beat him during a July 29 pro-Radovan Karadzic demonstration. 
On September 16, Interior Ministry director of police Milorad Veljovic 
suspended six officers from Belgrade, Nis, and Novi Sad, including a 
senior commander, and initiated disciplinary proceedings against them 
for exceeding their authority during the demonstration. On November 7, 
the republican public prosecutor's office announced that Panic died as 
a result of injuries incurred during the beating and launched a joint 
investigation with the police to determine who inflicted the injuries. 
The investigation continued at year's end.
    On March 21, Knjazevac municipal court President Dragisa Cvejic 
died from injuries suffered when a hand grenade exploded as he left his 
home for work. Police arrested Ivan Stojadinovic, Denis Ivanovic, and 
Elvis Catakovic on suspicion of involvement in the attack, but 
subsequently released Ivanovic and Catakovic. Police suspected that 
Cvejic's killing was related to his work as a judge. Stojadinovic's 
trial in the Zajecar municipal court was pending at year's end.
    On January 18, Judge Milimir Lukic of the Belgrade District Court 
sentenced Milorad Ulemek, former commander of the Special Operations 
Unit (JSO), and three members of the Zemun organized crime group to 
maximum sentences of 40 years' imprisonment for a total of 18 murders, 
three kidnappings, and two bombings that were classified as terrorist 
attacks. Of the 30 initial indictees, 26 were convicted and sentenced. 
On August 6, Judge Lukic signed the verdict; the Office of the Special 
Prosecutor for Organized Crime appealed the verdict on August 27, 
citing violations of criminal procedure regulations and incomplete 
facts.
    On February 8, the Special Prosecutor's Office submitted a request 
for further investigation into the 1999 killing of prominent 
independent journalist Slavko Curuvija, owner of the Dnevni Telegraf 
newspaper and Evropljanin magazine. In August Special Prosecutor Miljko 
Radisavljevic announced that he would request a formal court 
investigation in September, but the investigation had not begun as of 
year's end.
    During the year authorities reviewed forensic evidence in the 
investigation into the 2004 deaths of Dragan Jakovljevic and Drazen 
Milovanovic, two guards from Belgrade's Topcider military facility. 
Prior to the investigation, a military commission pronounced the deaths 
suicides, while an independent commission determined they were murders.
    The Government continued to investigate the disappearance and 
subsequent killing of Ylli, Mehmet, and Agron Bytyqi in 1999. The 
bodies of the three U.S. citizen brothers were recovered, with hands 
bound and gunshot wounds to their heads, in 2001 from a mass grave in 
rural Petrovo Selo, near a police facility. On June 9 and 10, the 
special war crimes court questioned police trainees and employees at 
the facility, as well as Slobodan Borisavljevic, General Vlastimir 
Djordjevic's former chief of staff. Djordjevic was head of the state 
security forces at the time of the killings. In July, Goran 
Radosavljevic, former head of the gendarmerie, also appeared as a 
witness. In October the special war crimes court resumed the trial of 
Sreten Popovic and Milos Stojanovic, two former members of the police 
unit accused of the killings.
    On June 20, the Supreme Court sentenced 10 persons involved in the 
1999 killing of four Serbian Renewal Movement members and the attempted 
assassination of movement leader Vuk Draskovic. Milorad Ulemek and Rade 
Markovic, the former head of the state security service, received 40-
year sentences, while Nenad Ilic, Dusko Maricic Gumar, Nenad Bujosevic, 
Branko Bercek, Leonid Milivojevic, Mihalj Kertes, Dragisa Dinic, and 
Vidan Mihajlovic were also convicted.
    The special war crimes chamber of the Belgrade District Court 
continued to try cases arising from crimes committed during the 1991-99 
conflicts in the former Yugoslavia.
    On February 8, the trial of eight police officers for the 1999 
killing of 48 ethnic Albanians in Suva Reka, Kosovo resumed. On June 4, 
retired Yugoslav Army general Bozidar Delic testified on behalf of the 
defense. During September and October the court heard testimony from 
crime scene investigators and local police officers. The trial 
continued at year's end.
    On April 17, the war crimes chamber began hearing the trial in the 
1991 killing of over 70 civilians in the village of Lovas, Croatia. The 
defendants included four former members of territorial defense units, 
four Yugoslav National Army (JNA) members, and six members of the 
``Dusan Silni'' paramilitary unit. In September and October the defense 
put on its case. Radovan Vlajkovic, a former JNA reservist, denied 
forcing civilians to walk across a minefield and blamed the ``Dusan 
Silni'' commander for any abuses that took place. Also in September the 
Supreme Court accepted a defense appeal and released one of the 
defendants, Jovan Dimitrijevic, from custody during the trial. The 
trial continued at year's end.
    On April 22, the war crimes prosecutor indicted four members of the 
Scorpions paramilitary unit for the 1999 killing of 14 ethnic Albanians 
in the town of Podujevo, Kosovo; their trial began in September. A 
court had previously convicted Scorpions member Sasa Cvjetan and 
sentenced him to 20 years' imprisonment.
    On May 12, the war crimes prosecutor indicted Sasa Djilerdzica and 
Goran Savic for war crimes against civilians in Zvornik, Bosnia and 
Herzegovina in 1992.
    On May 26, the war crimes prosecutor indicted Boro Trbojevic for 
the 1991 killing of five civilians in Grubisno Polje, Croatia. The 
District Court in Bjelovar, Croatia previously sentenced Trbojevic in 
absentia to 20 years' imprisonment for crimes committed in the villages 
of Topolovica and Velika Peratovica. The case was one of 12 that the 
Croatian national prosecutor passed to the Serbian war crimes 
prosecutor under an agreement between the two countries regarding 
cooperation in prosecuting war crimes.
    On June 12, the war crimes chamber issued a judgement in the 
Zvornik case, the first war crimes case which the ICTY partially 
transferred back to Serbia for adjudication. Dragan Slavkovic, Ivan 
Korac, and Sinisa Filipovic, members of the Yellow Wasp paramilitary 
group, were sentenced to 15, 13, and three years respectively for 
involvement in the 1992 killing of 21 Bosnian Muslims and the expulsion 
of 1,822 civilians in the Zvornik region of Bosnia and Herzegovina; a 
fourth suspect, Dragutin Dragicevic, was acquitted. On August 5, the 
war crimes prosecutor announced the indictment of Branko Grujic and 
Branko Popovic, leader of the self-proclaimed ``interim government of 
the Serbian municipality of Zvornik.'' The charges included 
imprisonment, inhumane treatment, and the deaths of over 700 persons, 
270 of whom have been exhumed from mass graves in Crni Vrh and Grbavci 
and identified.
    On July 17, the war crimes prosecutor requested an investigation of 
Fatmir Limaj and 27 Kosovo Liberation Army (KLA) members in connection 
with the killing of 22 ethnic Serb and Albanian civilians in the Kosovo 
municipalities of Lipljan, Stimlje, and Glogovac in 1998. The ICTY 
acquitted Limaj of unrelated charges in 2005.
    There were developments in the Ovcara case (also known as the 
Vukovar massacre). On January 21, former JNA officer and acquitted ICTY 
indictee Miroslav Radic testified at the retrial of 14 former Serb 
militia members convicted in 2005 of murder, torture, and inhuman 
treatment of more than 200 Croatian prisoners of war at the Ovcara farm 
near Vukovar in November 1991. In September a witness testified that 
defendant Stanko Vujanovic had control over detainees in Ovcara and 
that numerous trucks with 20-30 people each left the camp in the 
evening of November 1991.
    On April 14, the war crimes prosecutor announced that the Norwegian 
government would extradite indicted suspect Damir Sireta to Serbia. 
Prosecutors alleged that Sireta participated in the Ovcara killings as 
a member of the Vukovar Territorial Defense unit; his trial began in 
December.
    On August 29, the war crimes prosecutor requested the war crimes 
chamber of the Belgrade District Court open an investigation of U.S. 
citizen Peter Egner on suspicion of having committed crimes in Belgrade 
during World War II as a member of the Gestapo. The request accused 
Egner of war crimes against civilians, including genocide, related to 
the killing of 17,000 Serb civilians at the Staro Sajmiste 
concentration camp between 1941 and 1943. On September 26, the war 
crimes chamber granted the request and opened an investigation. The war 
crimes prosecutor also requested documentation from the United States 
that would support a request to extradite Egner to Serbia.
    On September 24, the war crimes prosecutor filed a request for 
investigation against Sandor Kepiro for war crimes allegedly committed 
in Novi Sad in 1942. Kepiro, who now lives in Hungary, was suspected of 
participating in the killing of at least 2,000 Serbs and Serbian Jews.
    On December 12, the war crimes prosecutor asked the war crimes 
chamber of the Belgrade District Court to order Nenad Malic taken into 
custody in connection with charges that he, as a member of the Sixth 
Krajina Brigade of the Republika Srpska Army, committed war crimes 
against three Muslim civilians in Bosnia and Herzegovina in 1992. On 
December 19, the war crimes chamber granted the request and ordered 
Malic placed into custody for one month.
    On December 26, special police anti-terrorist units and 
gendarmerie, acting on information provided by the war crimes 
prosecutor, arrested nine ethnic Albanian Serbian citizens accused of 
war crimes, including involvement in the kidnappings of 159 Serb 
civilians and the killing and rape of at least 51 persons in the area 
of Gnjilane, Kosovo between June and October 1999. On December 29, a 
war crimes chamber investigating judge ordered the suspects, allegedly 
members of the KLA's Foreign Legion branch, to be held in pretrial 
detention for 30 days.

    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government continued to make modest progress in cooperating 
with neighboring countries, the International Commission on Missing 
Persons, and other international organizations to identify missing 
persons from the Kosovo conflict. In September, the Humanitarian Law 
Center (HLC) issued a press release stating that the Ministry of 
Defense had begun cooperating with HLC on members of the army who were 
killed or went missing in Kosovo, but that the Interior Ministry had 
not yet responded to a request submitted for obtaining access to 
information on killed and missing members of the police force. During 
the year, the International Committee of the Red Cross (ICRC) chaired 
three meetings of the Working Group on Missing Persons, which included 
government representatives from both Serbia and Kosovo. The total 
number of persons still unaccounted for from the Kosovo conflict stood 
at approximately 1,900 at year's end. During the year, 60 cases were 
closed, and all bodies uncovered in Serbia were returned to Kosovo. 
According to the ICRC, case files of 1,250 families with family members 
missing as a result of the regional conflicts remained open.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
police at times beat detainees and harassed persons, usually during 
arrest or initial detention for petty crimes.
    On August 4, officers in Kursumlija allegedly beat Ivica and Toni 
Jovanovic, two Romani brothers accused in the theft of a water meter, 
in an effort to extract a confession. After more than 450 Kursumlija 
residents signed a petition calling for an investigation, the Interior 
Ministry suspended three officers and initiated disciplinary 
proceedings. Those suspended included Inspector Miljan Komnenovic, who 
had been the subject of two prior brutality complaints filed by the 
Committees for Human Rights in Serbia (CHRIS). Those cases also 
remained pending. Police released the Jovanovics after arresting other 
suspects in the theft.
    In September unidentified plainclothes police officers allegedly 
beat three youths in Brus. The police detained the youths on suspicion 
that they robbed a gas station. Eighteen-year-old A.R. suffered the 
most severe injuries, including a broken eardrum and numerous bruises 
on his body. In December CHRIS lawyers criticized the Interior Ministry 
for failing to identify the plainclothes officers after a three-month 
investigation, even though the youths provided detailed physical 
descriptions of the officers and stated that they spoke with a Belgrade 
accent. According to CHRIS, the police did not take any actions by 
year's end to identify the perpetrators.
    On November 9, four Valjevo police officers allegedly beat and 
abused Goran Z., Aleksandar S., and Zarko Dj. at the Valjevo police 
station. On December 17, the Valjevo district prosecutor requested an 
investigation against Dejan R., a 29-year-old police officer, for 
involvement in this incident. The Valjevo police directorate confirmed 
the existence of a criminal complaint against Dejan R. and that he had 
been suspended from duty on the basis of the complaint and disciplinary 
procedures. The directorate initiated disciplinary procedures against 
the other three unidentified officers but did not suspend them.
    On December 14, three police officers in Arandjelovac allegedly 
beat college student Nemanja Mijaljevic after he failed to obey a 
command to stop his vehicle at a checkpoint. Mijaljevic admitted to 
drinking and alleged that the police offered to dismiss drunk-driving 
charges if he remained silent about the beating. On December 16, Nikola 
Tkalec, a 72-year old neighbor, confirmed that he witnessed a group of 
people beating someone at the location where police stopped Mijaljevic. 
Interior Minister Ivica Dacic announced on December 16 that a 
commission from the police directorate in Belgrade had been sent to 
Arandjelovac to investigate and promised criminal prosecution if it was 
determined that officers beat Mijaljevic. On December 18, the police 
filed criminal charges against Dr. Svetlana Grujic, alleging that she 
falsified the initial medical report by stating that Mijaljevic 
suffered a broken rib and severe concussion when in reality he had a 
scraped nose.
    Participants in the February 21 demonstration against Kosovo's 
independence declaration engaged in looting and property destruction. 
Police initially protected foreign embassies but then withdrew, which 
allowed mobs to attack the embassies, causing serious damage and the 
death of Zoran Vujovic, one of the protesters. Some government 
officials made public statements justifying and inciting violence. On 
February 29, prosecutors announced the filing of 44 indictments against 
80 suspects in the violence. On March 1, the Belgrade District Court 
investigative judge initiated an investigation against Milan Zivanovic 
for grave offenses against general safety and aggravated larceny in 
connection with the embassy attacks. On June 2, Belgrade prosecutors 
requested investigations against 38 additional suspects for charges 
including aggravated larceny, joint criminal enterprise, and preventing 
officials from discharging official duties.
    In April the District Court in Nis dismissed a June 2007 verdict 
against four police officers from Doljevac for the 2003 torture and 
interrogation of an 11-year-old girl in the village of Sarlinac and 
ordered a new trial, which began in July and continued at year's end. 
The Youth Initiative for Human Rights (YIHR) had criticized the initial 
sentence as far too lenient.
    There was no further information available on the following 2006 
cases: the police beating of Kikinda resident Mihalj Koloncaj; the 
series of incidents in which police inspector Tomislav Lendvai 
allegedly beat and sexually assaulted two residents of Subotica; and 
the case of the gendarmerie unit led by Mileta Novakovic that allegedly 
used excessive force on a crowd of rowdy basketball fans.

    Prison and Detention Center Conditions.--Prison conditions varied 
greatly among facilities. The media reported prison overcrowding, and 
Damir Joka, head of the Department for the Treatment of Prisoners, 
stated in October that the country had 9,400 prisoners incarcerated in 
28 prisons, almost double the official capacity established by his 
department. An additional 6,500 persons were waiting for prison 
placement. In some prisons inmates continued to complain of dirty and 
inhuman conditions. The quality of food varied from poor to minimally 
acceptable, and health care was often inadequate. Guards were 
inadequately trained in the proper handling of prisoners.
    According to media reports, in 2007 nine prisoners committed 
suicide, 67 inmates attempted suicide, and 215 prisoners physically 
injured themselves as a sign of protest. There were 352 hunger strikes, 
and the incidence of infectious diseases and addiction increased. 
Prison authorities registered 6,580 substance abusers, 27 HIV positive 
inmates, and 1,931 cases of hepatitis B and C.
    The Government permitted the ICRC and local independent human 
rights monitors, including the Helsinki Committee for Human Rights in 
Serbia (HCS), to visit prisons and to speak with prisoners without the 
presence of a warden. Reports from HCS and the Council of Europe's 
Committee for the Prevention of Torture (CPT), released in 2006, were 
critical of prison conditions, including poor facilities, corruption of 
prison officials, and mistreatment of prisoners, although HCS did note 
some improvements since its 2005 report. The CPT report also found that 
facilities lacked appropriate procedures to deal with prisoner 
allegations of mistreatment.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The country's 
approximately 43,000 police officers fall under the authority of the 
Interior Ministry. The police are divided into four main departments, 
which supervise 33 regional secretariats that report to the national 
government.
    The effectiveness of the police was uneven. While most officers 
were Serbs, the force included Bosniaks (Slavic Muslims), ethnic 
Hungarians, ethnic Montenegrins, a small number of ethnic Albanians, 
and other minorities. The police force in southern Serbia was composed 
primarily of Serbs, although there were small numbers of ethnic 
Albanian officers.
    There were reports of police corruption and impunity, which the 
Government took measures to address during the year.
    On December 24, the Sabac police directorate and the Belgrade 
criminal investigation department arrested 16 border police officers 
from the Gucevo border police station on charges that the officers 
accepted bribes from four individuals in order to facilitate smuggling 
of cattle across the Drina River to Bosnia and Herzegovina.
    In January, the municipal court in Negotin completed an 
investigation against nine Kladovo border police officers, three 
customs officers, and one entrepreneur from Kosovo in connection with 
October 2007 charges that the border police allegedly received bribes 
and allowed customs-free transport of goods across the Serbia-Kosovo 
border. A trial was not scheduled at year's end.

    Arrest and Detention.--Arrests were generally based on warrants, 
although police were authorized to make warrantless arrests in limited 
circumstances, including well-founded suspicion of a capital crime. The 
law requires an investigating judge to approve any detention over 48 
hours, and authorities respected this requirement in practice. Bail was 
allowed but rarely used; detainees facing charges that carried possible 
sentences of less than five years were often released on personal 
recognizance.
    The law provides that police must inform arrested persons 
immediately of their rights, and authorities respected this requirement 
in practice.
    The law provides access for detainees to counsel, at government 
expense if necessary, and authorities generally respected this right in 
practice. Family members were normally allowed to visit detainees. 
Suspects detained in connection with serious crimes can be detained for 
up to six months without being charged. The law prohibits excessive 
delays by authorities in filing formal charges against suspects and in 
opening investigations; however, such delays occurred regularly. 
Authorities frequently held such persons for the full six-month period 
allowed before charging them.
    The law prohibits police use of force, threats, deception, and 
coercion to obtain evidence, as well as use in court of evidence 
acquired by such means; however, police sometimes used these means to 
obtain statements.
    According to press reports, just over 20 percent of the prison 
population was in pretrial remand. The law limits the length of 
pretrial detention from indictment to the conclusion of a trial to two 
years for most cases, but allows detention for up to four years for 
crimes that carry up to the maximum penalty (40 years in prison). The 
law sets two years as the maximum detention permitted after an 
appellate court vacates the judgment of a trial court. Nonetheless, 
prolonged pretrial detention was a problem. Due to inefficient court 
procedures, some of which were required by law, cases often took 
extended periods to come to trial; once begun, trials often took a long 
time to complete.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary; however, the courts remained susceptible 
to corruption and political influence, and judicial corruption was a 
problem. Observers believed that judicial reform, particularly 
replacement of judges appointed during the Milosevic era, was essential 
to eliminating corruption. The 2006 constitution expanded the role 
played by the High Judicial Council (HJC) in the appointment of judges, 
and gives the parliament the right to appoint eight of its 11 members. 
Human rights groups and the independent Association of Judges 
criticized this provision for giving the parliament a controlling voice 
in judicial appointments and affairs. Parliament adopted implementing 
legislation for the HJC on December 22.
    Judges and prosecutors-particularly those handling organized crime 
and war crimes-frequently received death threats or were subject to 
physical attack. On February 6, unknown assailants attacked and 
seriously injured Belgrade judge Milica Trbovic-Svilarevic. On March 
21, an exploding hand grenade killed Dragisa Cvejic, president of the 
Knjazevac municipal court, outside his home. On April 15, Nebojsa 
Stojicic, president of the municipal court in Leskovac, discovered a 
hand grenade in his official vehicle. War crimes prosecutor Vladimir 
Vukcevic received death threats from within the country and abroad 
following the arrests of Stojan Zupljanin and Radovan Karadzic. Supreme 
Court President Vida Petrovic Skero noted that in an environment where 
judges have been murdered, it is very difficult for judges to 
effectively safeguard the rights of individuals who come before the 
courts.
    In contrast to previous years, there were no specific reports that 
officials attempted to undermine politically sensitive prosecutions. 
During the year, however, Supreme Court President Skero stated that it 
was ``necessary to establish responsibility for pressure placed on the 
judiciary by the media and politicians and to ensure that government 
representatives refrain from commenting on court decisions.'' On 
November 26, the Association of Judges protested statements made during 
parliamentary debate of a judicial reform package. The association 
stated that MPs, by voicing false information and commenting on court 
decisions, exerted pressure on judges and created ``an atmosphere akin 
to lynching.''
    On February 29, acting chief republic prosecutor Slobodan 
Radovanovic announced the suspension of Zrenjanin district prosecutor 
Dragan Lazic on suspicion of bribery following an investigation that 
revealed serious irregularities in his work. Lazic reportedly delayed 
trials of executives of a local brick factory and received a large 
quantity of construction materials as bribes.
    On March 10, Smederevo prosecutors indicted former Belgrade 
district prosecutor Rade Terzic for abuse of official authority. In 
late March, the Smederevo court ruled that it had no jurisdiction over 
the case and transferred the case to Belgrade, which in turn appealed 
to the Supreme Court because Terzic had previously acted as prosecutor 
before the Belgrade court. In May the Supreme Court granted the appeal 
and ordered the case to be tried before the Smederevo court. The trial 
was pending at year's end.
    On May 28, a Belgrade court adjourned the trial of former deputy 
public prosecutor Milorad Cvijovic due to Cvijovic's illness. On 
September 15, the court again postponed the case. On October 9, the 
parliament revoked Cvijovic's immunity, and he was placed in detention. 
Cvijovic was charged with the unauthorized appropriation of a court 
document from the archives of the state prosecutor's office in 2005 in 
order to influence proceedings in a commercial case. The trial was 
ongoing at year's end.
    The private sector considered corruption in the commercial courts 
to be widespread. Land transfers often were difficult to conclude, 
leading many in the private sector to allege administrative corruption. 
It was unclear, however, to what extent these problems were due to 
corruption rather than bureaucratic inefficiency.
    The courts were inefficient, and cases could take years to be 
resolved. On December 9, Justice Ministry State Secretary Slobodan 
Homen stated that 1,000 criminal cases had been in the courts for more 
than 10 years. The number of judges at the main courts was inadequate 
to meet the increasing caseload. During the year, Supreme Court 
President Skero criticized the parliament for failing to act upon the 
nominations of more than 100 proposed judges. A lack of professional 
court administration, the existence of a centralized budget for all 
courts managed by the Ministry of Justice, and failure to invest in 
professional personnel and modern infrastructure contributed to the 
problem. In many cases, unwieldy procedures required by the law 
contributed to delays.
    The judicial system consists of municipal courts, District Courts, 
commercial courts, a Supreme Court, a Constitutional Court, an 
administrative court, and courts of appeal. The law also provides for 
special courts within the Belgrade District Court for war crimes and 
organized crime. The law provides for a Constitutional Court, an 
administrative appeals court, and a second instance appeals court to 
reduce the Supreme Court's caseload.
    On December 22, parliament adopted a set of laws required by the 
2006 constitution to regulate the courts. This judicial reform package 
created a new network of courts that would reduce the number of 
municipal courts, consolidate others, and cut the number of judges from 
2,500 to 2,000. The law also requires the HJC to select new judges for 
all courts. While the Association of Judges criticized this provision 
as undermining the constitution's guarantee of life tenure for judges 
(unless dismissed for misconduct), other observers welcomed this step.

    Trial Procedures.--Trials are generally public, but they are closed 
during testimony of a state-protected witness. There are no juries. The 
law stipulates that defendants are presumed innocent, have the right to 
have an attorney represent them at public expense, and have the right 
to be present at their trials. Defendants have the right to access 
government evidence and to question witnesses. Both the defense and the 
prosecution have the right to appeal a verdict. These rights were 
generally respected in practice.
    The criminal procedure code, adopted in 2006, introduced 
prosecutor-led investigation, plea bargaining, and use of special 
investigative techniques, such as wiretaps and undercover operations, 
but parliament had not passed legislation to implement these changes by 
year's end.
    The special war crimes chamber continued trying war crimes cases. 
According to the law, evidence gathered by special investigative 
techniques is admissible.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution 
establishes an independent and impartial judiciary in civil matters, 
and citizens can bring lawsuits seeking damages for or cessation of a 
human rights violation. Remedies generally involved monetary awards.

    Property Restitution.--During the year a government commission 
continued to register claims of foreign owners and their successors for 
private property seized since 1945. The deadline for citizens to file 
claims expired in 2006. However, the Government made no progress toward 
enacting a private property restitution law or in returning property. 
The Government enacted a law on restitution of communal property in 
2006, but it took no significant action to register claims or return 
communal property.
    The law set a deadline of September 30 for churches and religious 
communities to register claims. There were 3,059 claims registered; the 
Government Directorate for Restitution of Communal and Religious 
Property also was in contact with a number of claimants who did not 
file complete documentation. As of December 20, approximately 15,000 
square acres of land (including woods, agricultural land, and 
construction lots) were returned to claimants, the largest portion of 
which went to the Serbian Orthodox Church. The Catholic Church received 
property in Pancevo and Sremska Mitrovica, while the Jewish community 
received approximately 5,400 square feet of apartments and business 
space in Belgrade.
    The Union of Jewish Communities has noted that the country has not 
ensured the restitution of private Jewish property that was 
expropriated, mainly between 1941 and 1944. Its representatives also 
expressed concern that linking religious community restitution with 
individual restitution would cause delays.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions; 
however, the Government interfered with privacy and correspondence. 
While the law requires the Interior Ministry to obtain a court order 
before monitoring potential criminal activity and police to obtain a 
warrant before entering property except to save people or possessions, 
police occasionally did not respect these provisions in practice.
    In December, the Agency for Privatization published on its website 
and in Politika newspaper a list containing the full names, one 
parent's name, and personal identification numbers of 169,411 citizens 
who did not qualify to participate in the distribution of free shares 
in the privatization of state-owned enterprises. Rodoljub Sabic, the 
commissioner for information of public importance, and human rights 
organizations criticized publication of the information as a violation 
of the Data Protection Act adopted in October and citizens' right to 
privacy.
    Most observers believed that authorities selectively monitored 
communications, eavesdropped on conversations, read mail and e-mail, 
and tapped telephones. Human rights leaders also believed that their 
communications were monitored.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The law provides for freedom 
of speech and of the press; however, there were reports that the 
Government interfered with these freedoms. Generally, the press were 
not limited or prevented from criticizing the Government publicly or 
privately.
    Parliament approves the budget of the independent Republic 
Broadcast Agency (RBA), which has broad authority to revoke radio and 
television station licenses without the right of appeal; however, it 
did not revoke any national broadcasting licenses during the year.
    The print media were mostly independent and privately owned. The 
oldest nationwide daily, Politika, was co-owned by a German company and 
the Government but operated by several shareholding companies. 
Politika's reporting and editorials continued to have a progovernment 
slant, particularly during the May parliamentary elections.
    Broadcast media were mostly independent and privately owned, 
although privatization of municipally owned media was not yet 
completed. Radio-Television Serbia (RTS), a public media outlet funded 
by mandatory subscription, was a major presence, operating two 
television channels as well as Radio Belgrade. RTS' coverage was 
generally objective, although the Government had considerable influence 
over RTS and public service Radio Television of Vojvodina. In addition, 
many television stations relied on the state-owned agency Tanjug for 
news. Independent news agencies BETA and FONET complained that state 
financing gave Tanjug unfair commercial advantage.
    Binding RBA instructions required RTS to broadcast parliamentary 
sessions live, despite RTS' complaints that it suffered financial and 
advertising losses as a result. RTS' managing board stated that the 
order directly interfered with its editorial policy. The Organization 
for Security and Cooperation in Europe (OSCE) Mission in the country 
expressed concern that the RBA's decision was not in accordance with 
European media freedom standards.
    Independent media organizations were generally active and expressed 
a wide range of views; however, some media organizations experienced 
threats or reprisals for publishing views critical of the Government. 
During the year, particularly during the preelection period and after 
Kosovo's independence declaration, there were increased concerns about 
declining professional and ethical standards and the rise of tabloid 
journalism.
    During the year, some reporters and media organizations were 
victims of vandalism, bomb threats, and intimidation for coverage and 
portrayal of views unpopular with the Government and right-wing 
elements of society, such as the capture and extradition of war crimes 
fugitives. In July protesters attacked reporters from FoNet and B92 who 
were reporting on protests organized following the arrest of Radovan 
Karadzic. On July 24, Bosko Brankovic, a cameraman for B92, was 
attacked while filming a protest and suffered a broken shin. The 
incident reportedly took place in the immediate vicinity of police 
officers who did not react, although the police later arrested Milan 
Savatric, Nikola Lazic, and Stefan Milicevic in connection with the 
attack. Their trial began in the third District Court in Belgrade in 
December and was ongoing at year's end.
    Several journalists and reporters were injured in February during 
Kosovo-related protests in Belgrade. According to the Association of 
Independent Electronic Media (ANEM), protestors attacked Dirk Jan 
Viser, a Dutch reporter for Handelsblad, during protests at the U.S. 
Embassy. Protestors allegedly also beat two journalists from Russia 
Today, Andrei Fyodorov and Andrei Pavlov. The police prevented an 
attempted arson attack and assault on Radio Television B92.
    Independent media associations criticized government officials for 
making statements seen as justifying assaults on the media. Following 
violent protests over Kosovo's independence declaration, former 
infrastructure minister Velimir Ilic stated that the ``breaking of 
windows was a democratic act,'' while the former minister for Kosovo, 
Slobodan Samardzic, stated that violent incidents at Kosovo border 
crossings in which several journalists were attacked were ``in line'' 
with government policy.
    During protests organized from July through September by the right-
wing groups Obraz and 1389 in support of Radovan Karadzic, protestors 
on several occasions entered the Beta News Agency premises by force, 
demanding that their official statements be published.
    Late in the year, Vukasin Obradovic, owner of the weekly Novine 
Vranjske, and his family received several death threats following the 
publication of articles alleging connections between a local political 
party and an organized crime group reportedly engaged in money 
laundering. Obradovic had been the target of numerous death threats in 
recent years.
    The Government did not censor the media, but journalists sometimes 
practiced self-censorship due to possible libel suits and fear of 
offending the public, particularly on subjects relating to corruption. 
Human rights activists charged that they were subjects of smear 
campaigns in the majority of media for expressing views critical of the 
Government or that challenged the popular narrative regarding the 
country's role in the wars of the 1990s.
    Libel is a criminal offense; those convicted of libel face 
imprisonment or fines of 40,000 to one million dinars (approximately 
$720 to $18,000).

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail.
    On August 25, following public criticism, the telecommunications 
agency withdrew a proposed regulation to require Internet operators to 
provide state institutions access to client information as part of a 
system for the legal surveillance of telecommunications. Under the 
proposal, Internet providers would have to enable at their own expense 
autonomous surveillance of clients' Internet activities and reroute 
incoming and outgoing traffic to authorized agencies, the police, and 
the Security Information Agency (BIA). The ombudsman, the commissioner 
for information of public importance, the Lawyers' Committee for Human 
Rights (YUCOM), and ANEM opposed the proposal.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice; however, 
the Government maintained a discriminatory law on religion and a 
discriminatory property tax. In contrast to previous years, government 
officials did not criticize minority religious groups using pejorative 
terms.
    While there is no state religion, the majority Serbian Orthodox 
Church continued to receive some preferential treatment.
    The law recognizes seven ``traditional'' religious communities (the 
Serbian Orthodox Church, the Roman Catholic Church, the Slovak 
Evangelical Church, the Reformed Christian Church, the Evangelical 
Christian Church, the Islamic community, and the Jewish community) and 
requires all ``nontraditional'' religious groups to register with the 
Ministry of Religion. The ministry has discretion to decide whether to 
grant approval to ``nontraditional'' groups. Many minority religious 
groups which attempted to register with the ministry reported confusing 
and irregular procedures. Throughout the year, nontraditional religious 
communities and NGOs continued to advocate changing the law.
    Four of the seven nontraditional religious communities denied 
registration appealed to the Supreme Court. On June 10, the Supreme 
Court ruled that the Ministry of Religion violated procedures in 
November 2007, when it failed to register the Montenegrin Orthodox 
Church, and ordered the ministry to reconsider the application. After 
the ministry rejected the application a second time, the Montenegrin 
Orthodox Church filed a new appeal, which was pending before the 
Supreme Court at year's end.
    Tax law exempts property owned by the seven recognized traditional 
religious groups, although a challenge to the law was pending in the 
Constitutional Court at year's end. The complaint was filed 2006 on 
behalf of the Union of Protestant-Evangelical Churches in Serbia; there 
was no further information available at year's end.
    Non-Serbian Orthodox religious organizations continued to report 
difficulty obtaining permission from local authorities to build new 
worship facilities. The League of Baptists in Belgrade, which conducted 
its services and other activities in an old building it purchased to 
use as a church, reported that the municipal authority continued to 
refuse, without explanation, a permit to renovate the building. The 
Romanian Orthodox Church continued to receive no response to its permit 
request to build a monastery in Vojvodina.
    The law requires students in primary and secondary schools either 
to attend classes of one of the seven traditional religious communities 
or take a civic education class. Leaders of religious groups excluded 
from the program continued to express dissatisfaction at the 
Government's narrow definition of religion. The appointment of new 
religious teachers-supporters of the Belgrade-based Islamic Community 
of Serbia-in elementary schools in Tutin and Sjenica, provoked protests 
from the Novi Pazar-based Islamic Community in Serbia that the teachers 
were unqualified.
    Unlike in previous years, there were no reports that government 
officials made pejorative public statements against small religious 
groups.
    The Government Directorate for Restitution of Communal and 
Religious Property continued to accept and process property restitution 
claims from the traditional and registered nontraditional religious 
communities. The directorate accepted a total of 3,059 property 
restitution claims, the largest number of which came from the Serbian 
Orthodox Church. Some property was restored to the Serbian Orthodox 
Church in the Dioceses of Backa, Zica, and Srem. Some communities had 
difficulty assembling the required documentation to submit claims. The 
Union of Jewish Communities and other religious groups protested the 
use of 1945 as a baseline, since their properties were largely 
confiscated from 1941-44.

    Societal Abuses and Discrimination.--There were a few cases of 
physical and verbal attacks against religious minorities.
    On July 8, in the town of Bor, citizens prevented further 
construction of a Jehovah's Witnesses temple.
    During the first week of August, unidentified individuals twice 
sprayed graffiti with nationalist symbols and vulgar messages about 
Jehovah's Witnesses on the Kingdom Hall in Sremska Mitrovica.
    On November 17, the Christian Adventist Church reported that 
unknown perpetrators had damaged four vehicles in the courtyard of its 
church in Belgrade the previous day. The church also reported that 
``hate messages'' had been written on the walls of Adventist churches 
in Kragujevac, Leskovac, Jagodina, and Sivac during October and 
November and called on the Ministry of Religion, other religious 
groups, and the international community to condemn the attacks. The 
church reported the damage to its vehicles to the police, which 
conducted an investigation. There were no arrests as of the end of the 
year.
    There was no further information available on the March 2007 attack 
on Jehovah's Witnesses missionaries in Stari Banovci or the June 2007 
stabbing of Zivota Milanovic, a Hare Krishna follower in Jagodina.
    Religious communities, especially minority religious communities, 
reported continuing vandalism of buildings, cemeteries, and other 
religious sites. NGOs criticized authorities for their slow or 
inadequate response. On November 26, Deputy Religion Minister Dragan 
Novakovic told Forum 18 that he regretted that most attacks on 
religious communities were prosecuted as minor offenses such as 
disturbing the peace instead of as incitement of hatred, which carried 
more severe penalties.
    The press, mostly tabloids, continued to label smaller, multiethnic 
Christian churches, including Baptists, Adventists, Jehovah's 
Witnesses, and other smaller religious groups, as dangerous ``sects.'' 
A number of right-wing youth groups referred to nontraditional 
religious communities as sects posing a threat to Orthodox Christian 
society in the country.
    The Jewish community comprised an estimated 3,000 persons. Jewish 
leaders reported continued incidents of anti-Semitism, including anti-
Semitic graffiti, vandalism, small circulation books, and Internet 
postings. Bookshops widely sold books with anti-Semitic content. 
Several booksellers at the annual Belgrade Book Fair in October 
displayed ``The Kingdom of the Hazars,'' an anti-Semitic work by the 
Serbian author Dejan Lucic. Right-wing youth groups and Internet forums 
continued to promote anti-Semitism and use hate speech against the 
Jewish community.
    In January police filed criminal charges against several neo-Nazis, 
including their leader Goran Davidovic, for violent behavior and 
spreading racial hatred during an unauthorized rally in Novi Sad in 
October 2007.
    Holocaust education was incorporated into the school curriculum, 
and the role of the Government in the Holocaust was also discussed. 
There was a tendency among some commentators to minimize and 
reinterpret the role of national collaborators' movements from the 
World War II period and their contribution to the Holocaust in Serbia.
    During the year the Islamic community remained divided along 
political lines. One group aligned itself with a newly established 
local Riyaset in Belgrade, and the other retained its traditional ties 
to the Riyaset in neighboring Bosnia and Herzegovina. Both communities 
blamed the Ministry of Religion for the conflict within the Islamic 
community and for violating the law by allowing both communities to 
register. Occasional violence between the communities continued 
throughout the year. On March 7, after the main weekly prayer in the 
Tutin mosque, supporters of the rival communities clashed, with one 
person injured by gunfire. Several clashes over mosques in Prijepolje 
and Novi Pazar resulted in physical attacks on supporters of the 
communities and police intervention. The Islamic Community in Serbia, 
led by chief mufti Muamer Zukorlic, held elections on all levels in 
June and July. The Islamic Community of Serbia, led by Reis Adem 
Zilkic, did not recognize the elections.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--According to UNHCR figures, 
approximately 205,842 IDPs resided in the country, mainly Serbs, Roma, 
Ashkali (an Albanian-speaking ethnic group considered by outsiders as 
similar to Roma but self-identifying as a separate group with cultural 
distinctions from Roma), Gorani, and Bosniaks (Slavic Muslims) who left 
Kosovo as a result of the 1998-99 conflict. Approximately 4,041 IDPs 
remained in 57 official collective centers and 998 in 31 unrecognized 
collective centers. Although the Government continued to close 
collective centers, many IDPs remained in minimally habitable 
facilities that had been constructed as temporary accommodations rather 
than for long-term occupancy.
    Without an official IDP card, individuals were not able to access 
IDP services. The Government allowed IDPs access to assistance from 
NGOs and international organizations.
    The Government continued to pay minimum wage salaries, including 
social and pension contributions, to IDPs who were in the Kosovo 
government and state-owned enterprises before June 1999 and who were 
not currently employed. IDPs who found another job permanently lost 
eligibility for government assistance. The Government investigation 
into the eligibility of IDP recipients for such payments was ongoing at 
year's end.
    The law requires residents to record changes of residency and to 
appear in person at the place of prior registration to remove 
themselves from the registry. IDPs from Kosovo who lacked personal or 
residency documents from Kosovo were unable to deregister from their 
Kosovo addresses and register at a new address in Serbia. Without an 
authorized local address in the country, individuals were ineligible 
for health insurance, social welfare, and public schools. NGOs provided 
legal assistance to IDPs to register residency.
    There were 22,104 officially registered Romani IDPs in the country. 
However, the UNHCR estimated that there were a total of 40,000 to 
45,000 internally displaced Roma living in the country, many of whom 
presumably lacked personal documents necessary to register as IDPs. 
Many Roma displaced from Kosovo were assumed to have been Serb 
collaborators during the Kosovo conflict and could not safely return. 
While some Romani IDPs lived in government-supported collective 
centers, living conditions for Roma (both local and IDPs) were 
generally extremely poor. Local municipalities often were reluctant to 
accommodate them. If Roma did stay, they often lived in unauthorized 
encampments near major cities or towns.
    While government officials continued to make public statements that 
IDPs should return to Kosovo, senior government officials also claimed 
that it was unsafe for many to return. IDP returns to Kosovo slowed; 
approximately 540 individuals who had been living in displacement in 
Montenegro, Serbia, and Macedonia returned to Kosovo during the year.

    Protection of Refugees.--On April 1, a new asylum law went into 
effect. The law provides for the granting of asylum or refugee status 
in accordance with the 1951 UN Convention relating to the Status of 
Refugees and its 1967 protocol, and the Government has established a 
system for providing protection for refugees. The new law's definition 
of statelessness complies with the 1954 Convention on the Status of 
Stateless Persons. As of April 1, the Government assumed from the UNHCR 
responsibility for refugee status determination (RSD) and for care of 
asylum-seekers and refugees from outside the territory of former 
Yugoslavia. The Government registered 52 asylum seekers after the law 
went into effect, compared to 25 during the first four months of the 
year. The Government rendered six RSD first instance decisions, all of 
them negative, during the year.
    In practice, the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    Asylum seekers had freedom of movement in the country after 
establishing their identity and filing an application for asylum. They 
were eligible for public assistance, including accommodation and food, 
but they did not have the right to employment until recognized as 
refugees through an RSD.
    On December 22, the Commissariat for Refugees officially assumed 
control of the country's sole asylum center from UNHCR. The center had 
capacity for approximately 90 persons. The commissariat was also 
responsible for status determination and care of refugees from the 
former Republic of Yugoslavia.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees and asylum seekers and provided 
temporary protection (refugee status on prima fasciae basis) to 
individuals from former Yugoslav republics who may not qualify as 
refugees under the 1951 convention and its 1967 protocol. The refugee 
status of individuals from the Socialist Federal Republic of Yugoslavia 
continued to be regulated under the 1992 Decree on Refugees. The 
Government and the UNHCR estimated that 96,466 refugees from Croatia 
and Bosnia and Herzegovina resided in the country, while the Government 
estimated approximately 400,000 former refugees who were naturalized, 
but not socially and economically integrated into the country. There 
were 1,295 refugees living in 57 official collective centers and 607 in 
unrecognized collective centers.

    Stateless Persons.--The basis for citizenship is jus sanguinis, and 
there were no de jure stateless persons. The UNHCR estimated that there 
were up to 17,000 de facto stateless persons in the country, mostly due 
to a cumbersome and lengthy citizenship registration process. Lack of 
information, administrative fees, difficulty obtaining documents, the 
lack of an official recognized residence, and sometimes the need to go 
to court to prove origin and identity made it difficult or impossible 
for some to register. These problems disproportionately impacted 
Romani, Ashkali, and Egyptian communities, particularly IDPs, although 
they also affected others who were destitute and living in isolated 
areas.
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 based on universal suffrage.

    Elections and Political Participation.--The country held 
presidential elections on January 20 and February 3 and parliamentary 
and municipal elections on May 11. The OSCE and other election 
observers, including domestic organizations, judged these elections 
mostly free and fair. Ethnic Albanian parties participated in the 
parliamentary elections for the second straight year after 15 years of 
boycotts.
    Political parties generally operated without restrictions or 
outside interference. However, in its final report on the May 11 
parliamentary elections, the OSCE Limited Election Observation Mission 
noted that some aspects of the campaign went beyond the acceptable 
limits for a democratic society, in particular when death threats to 
senior officials were reported. The mission reported that this 
culminated with the display, in Belgrade, of a large number of posters 
that could be interpreted as suggesting the assassination of top state 
officials.
    There were 56 women in the 250-seat parliament. The speaker and 
three of six parliamentary vice presidents were women. There were five 
women in the 27-member cabinet. The law on elections of members of 
parliament requires parties' election lists to include at least 30 
percent women, and political parties participating in the May elections 
observed this requirement.
    The constitution and law exempt ethnically based parties from the 
five percent threshold required for a political party to enter 
parliament. However, the Government did raise the number of signatures 
required to register a minority party list from 3,000 to 10,000. 
Minority party representatives, in particular ethnic Albanians, 
criticized this change but ultimately were able to collect the 
requisite number of signatures. In the May parliamentary elections, 
minority parties and lists received a combined 3.9 percent of the vote. 
Seven members of national minorities, including ethnic Hungarians, 
Bosniaks, and Albanians, were elected to parliament. Two members of 
ethnic minorities, both Bosniaks, were in the 27-member cabinet.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
implement the law effectively, and officials sometimes engaged in 
corrupt practices with impunity. There was a widespread public 
perception of government corruption at all levels.
    Many public officials are subject to financial disclosure under the 
conflict of interest law; however, the Republic Board for Resolving 
Conflicts of Interest may only recommend dismissal for failure to file 
reports, not based on the contents of the reports it receives. The 
board has no authority or means to investigate the substance of the 
information reported. Board Head Slobodan Beljanski announced on 
October 15 that his committee received only 3,100 property disclosures 
from former and current state officials following the May parliamentary 
elections, although the law required some 20,000 officials to submit 
reports.
    During the year authorities made some new arrests for corruption 
and continued the prosecution of high-profile cases from previous 
years. While the Government's anticorruption council frequently made 
public statements and granted interviews, the body had no legal 
standing and had only an advisory role. The council discussed 
irregularities in the privatization of the Belgrade port.
    On October 23, the parliament approved a law to establish a new 
anticorruption agency, an independent state body that reports to the 
parliament. The agency was charged with implementing the national 
anticorruption strategy and overseeing issues related to conflict of 
interest and financial disclosure. The new law also provides for 
criminal sentences of six months to five years, fines, and prohibitions 
on holding public office for failure to submit disclosures or 
submission of false information.
    There were reports of authorities failing to act in response to 
detailed reports of suspected corruption. There were no reports of 
high-profile politically motivated investigations.
    On June 5, Belgrade police announced the arrest of a 53-year-old 
tax inspector, Ratka V., on the suspicion that, on April 22, she 
solicited a bribe of 55,000 euros (approximately $78,000) from the 
owner of a public company in Obrenovac.
    On September 26, police arrested Commercial Court judge Zeljko 
Munjiza and lawyer Nemanja Jolovic in connection with the bankruptcy of 
the BIM Slavlija company. The Belgrade district prosecutor charged 
Munjiza, whose immunity the parliament stripped in an emergency 
session, and Jolovic, already a defendant in the prominent ``bankruptcy 
mafia'' case, with corruption and abuse of power for allegedly 
conspiring to defraud BIM Slavlija of approximately 65 million dinars 
(approximately $1.2 million) during bankruptcy proceedings.
    On October 1, police, in cooperation with the special prosecutor 
for organized crime, arrested 11 people in Zrenjanin on charges of 
abuse of office, forging public documents, and bribery. Suspects 
included Zrenjanin Mayor Goran Knezevic, head of the Urban Planning 
Department Nikola Halas, Vojvodina Assembly Democratic Party deputy 
Bratislav Tomic, Zrenjanin Tourist Organization director Milan Milosev, 
and several private businessmen. The group allegedly defrauded 
Zrenjanin municipality of approximately 3.5 million euros 
(approximately $5 million) by allotting to selected businessmen the 
most attractive parcels of construction land at low prices. The 
businessmen then sold the parcels at much higher prices. According to 
press reports, Halas admitted under questioning that he accepted a 
10,000 euro ($14,150) bribe from a local investor, but Knezevic and the 
other defendants denied the allegations.
    On October 7, police arrested Branko Gligoric, former manager, and 
Verica Dujovic, former finance director, of the Official Gazette public 
company on suspicion that they defrauded the company of 180 million 
dinars (approximately $3.3 million) by signing contracts and making 
investments without government consent. According to police, Gligoric 
and Dujovic failed to conduct requisite due diligence before entering 
into a number of contractual relationships from 2002-06.
    On October 27, the court issued its fourth postponement of the 
trial of Dejan Simic, former vice governor of the National Bank of 
Serbia, and Socialist Party of Serbia director Vladimir Zagradjanin, 
indicted for bribery. Simic allegedly accepted 100,000 euros ($141,500) 
in exchange for agreeing to register the Credit Export Bank. The trial 
remained pending at year's end.
    In July, Goran Kljajevic, former president of the Belgrade 
commercial court, and judge Delinka Djurdjevic became the last of 29 
defendants standing trial on charges of bribery, abuse of office, and 
illegal bankruptcy in the ``bankruptcy mafia'' trial to be released 
from detention. The Supreme Court ruled the defendants no longer 
presented a risk to flee, destroy evidence, or influence witneses while 
standing trial. The Government accused the defendants of operating a 
scam in which the commercial court would declare enterprises bankrupt 
and the Postal Savings Bank would provide cheap loans to favored 
businessmen to buy the enterprise's assets at a below-market price. The 
trial was ongoing at year's end.
    On May 26, Savetije Jovic, one of 53 defendants in the ``highway 
mafia'' case, committed suicide in Nis. He was the third defendant in 
this matter to commit suicide since 2006. Prosecutors accused the 
defendants of using false payment cards and illegal software on two 
major tollgates from 2004-06, resulting in a loss of approximately 6.5 
million euros ($9.2 million) in state revenue. The trial resumed on May 
28 and continued throughout the year.
    Three officers who prepared the police report against Ljubomir 
Geric and three other former executives of the public power utility 
Elektroprivreda Srbije, were either demoted or forced into retirement. 
Geric and the other executives had been charged in connection with 
agreements between the utility and two trading companies from 2001-04 
that led to the loss of millions of dollars from the state budget. The 
prosecutor's office had not filed a request for investigation as of 
year's end.
    On June 30, Mihalj Kertes, former head of the Customs Service 
during the Milosevic era, pleaded not guilty to fraud and embezzlement 
charges. The case, part of the ongoing ``Cyprus money laundering'' 
investigation of former Milosevic officials, continued as of year's 
end.
    Government implementation of the 2004 access to information law 
continued to be slow, and the Government generally did not provide 
access in practice. The law provides for public access to information 
of ``legitimate public importance'' (with many exceptions) and 
establishes an independent commissioner, selected by parliament, to 
handle appeals when government agencies reject requests for 
information. According to a 2006 report by Transparency International, 
81 percent of local institutions, 67 percent of public enterprises, and 
35 percent of ministries were failing to fulfill their obligations 
under the access to information law, even as requests for information 
tripled between the end of 2005 and the end of 2006. NGOs reported that 
their requests for information from the Government frequently went 
unanswered. On December 22, the commissioner for information of public 
importance criticized BIA for failing to provide information as 
required by law; he also singled out the Infrastructure Ministry and 
the Petroleum Industry of Serbia for their lack of compliance.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of independent domestic and international human rights 
groups generally operated without government restriction, investigating 
and publishing their findings on human rights cases. However, these 
groups were often subjects of harassment, threats, and libel suits for 
expressing views critical of the Government or contrary to nationalist 
views of Kosovo, the ICTY, and the wars of the 1990s. Prominent human 
rights groups included HCS, the HLC, YUCOM, the Fund for an Open 
Society, YIHR, and the Belgrade Center for Human Rights.
    Following Kosovo's independence declaration, some media and right-
wing groups launched campaigns targeting the most prominent human 
rights NGOs and their activists for their opinions on Kosovo's status. 
On February 22, for example, YUCOM activists received threatening phone 
calls. Police inspectors investigated the case but did not make any 
arrests. A number of Web forums called for fighting ``national 
traitors'' and ``burning the witches'' (a reference to a group of 
prominent female human rights activists) and posted activists' home 
addresses and other personal information on blogs. Throughout September 
and October daily newspapers Pravda and Kurir, weekly Tabloid, and 
weekly magazine Pecat published a number of articles targeting HCS head 
Sonja Biserko for criticism, which contributed to a hostile atmosphere 
toward human rights advocates in general.
    On February 27, Infrastructure Minister Velimir Ilic gave a 
statement to media claiming the Government ``could not defend people 
who advocate that Kosovo is not ours from being beaten up by somebody 
who came from Kosovo.'' On February 28, a group of 44 NGOs expressed 
concern that Ilic's statement appeared to condone verbal or physical 
attacks against anyone in society with differing opinions.
    On September 30, a group believed to be Serbian Radical Party 
members protesting against the arrest of Radovan Karadzic drew a 
swastika in front of the HCS office. This incident came shortly after 
the release of HCS' annual report on the human rights situation in 
Serbia in 2007 generated controversy and media attacks. The group 
forcibly entered the building housing HCS but did not attempt to enter 
the organization's offices. On October 6, two persons accosted and 
threatened Sonja Biserko as she approached her home. Belgrade police 
responded quickly and promised additional patrols, but the 
investigation did not produce any arrests and police did not act upon 
an HCS request for enhanced protection following these incidents. HCS 
also criticized the lack of a government statement condemning the 
attack on its office.
    On December 1, activists from the right-wing group 1389 marched to 
YUCOM's office and demonstrated for 30 minutes in an attempt to deliver 
a letter criticizing YUCOM's head Biljana Kovacevic-Vuco for her role 
in ``dismembering the Serbian state.'' In response, YUCOM issued an 
open letter to President Tadic, Prime Minister Cvetkovic, and Interior 
Minister Dacic calling on the Government to ``take adequate measures 
against bullies who have been harassing the citizens of Belgrade and 
especially representatives of NGOs.''
    There were no further developments in the January 2007 attack on 
Violeta Djikanovic and Milos Urosevic of the NGO Women in Black, the 
January 2007 attack on YIHR activist Radojica Buncic, or the July 2007 
attack on youth members of My Initiative.
    Sasa Jankovic continued to serve as national ombudsman, giving 
periodic public statements on issues of concern. Vojvodina province had 
its own ombudsman, who operated independently during the year. 
According to the Ministry of Human and Minority Rights, 14 of the 
country's 169 municipalities had an ombudsman.
    During the year the Government arrested and extradited Stojan 
Zupljanin and Radovan Karadzic, two of the remaining four indictees 
sought by ICTY. Two ICTY suspects, Ratko Mladic and Goran Hadzic, 
remained at large, and ICTY continued to insist on their arrest.
    While the law prohibits the extradition of any person with Serbian 
citizenship, it allows for an exception in cases of extradition of 
citizens to the ICTY.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status; however, discrimination 
against women and ethnic minorities, trafficking in persons, and 
violence against women and children were problems. During the year, the 
Government reinstituted a Ministry for Human and Minority Rights, 
elevating its status and fulfilling the demand from the NGO community 
that human and minority rights be represented at the ministerial level.

    Women.--Rape, including spousal rape, is punishable by up to 40 
years in prison. Advocates suspect that only a small percentage of rape 
victims reported their attacks, fearing reprisals from their attackers 
or humiliation in court. Few spousal rape victims filed complaints with 
authorities. Women's groups reported that sentences were often too 
lenient.
    Violence against women was a problem, and high levels of domestic 
violence persisted. Domestic violence is a crime punishable by up to 10 
years' imprisonment. The law provides women the right to a restraining 
order against abusers. Such cases were difficult to prosecute due to 
lack of witnesses and evidence and unwillingness of witnesses or 
victims to testify. In a 2006 World Health Organization study, two-
thirds of physically abused women reported that they did not seek help 
because they thought such abuse was normal or not serious. The few 
official agencies dedicated to coping with family violence had 
inadequate resources. The NGO community played an active role in 
combating violence against women. Osvit, a Nis-based NGO, continued to 
operate a Romani language telephone hotline for women who were victims 
of domestic violence or abuse.
    A report by several Romani NGOs released in April 2007 found that, 
of the half of the respondents who would discuss domestic violence, 
over 75 percent reported experiencing verbal or physical abuse. The 
respondents said that police did not act to protect them and that they 
were excluded from some state-funded safe houses.
    The Serbian Victimology Society reported in 2006 that one-third of 
women have been victims of physical violence and half of women have 
been victims of psychological violence. According to the Magistrates 
Association of Serbia, domestic violence was significantly 
underreported and the problem was widespread and usually long-lasting. 
Violence frequently became a way of life in a country where 
contributing factors such as financial dependence, cramped living 
quarters (multifamily living arrangements were common), and the lack of 
support from extended family were prevalent.
    Prostitution is illegal, although being a client of a prostitute is 
not a criminal offense.
    Sexual harassment was a common problem, but public awareness 
remained low and few complaints were filed during the year. The law 
provides that sexual harassment is a crime punishable by up to six 
months' imprisonment for a simple case and up to one year's 
imprisonment for abuse of a subordinate or dependent.
    Women have the same legal rights as men, including under family 
law, property law, and in the judicial system, and these rights were 
generally enforced in practice. The Government's Council for Gender 
Equality worked during the year with NGOs to raise public awareness of 
gender equality problems.
    Traditional views of gender roles, particularly in rural areas, 
resulted in discrimination against women. In remote rural areas, 
particularly among some minority communities, women could not 
effectively exercise their right to control property. In these areas, 
it was common for husbands to direct the voting of their wives.
    The social status of women was generally considered inferior to 
that of men, and women were not well represented in commerce. Women 
were legally entitled to equal pay for equal work; however, according 
to statistics in the draft National Strategy for Improving the Status 
of Women quoted at a roundtable in October, women's average wages were 
16 percent lower than those of men, there were 54 percent more women 
unemployed than men, and only 21 percent of women occupied management 
positions. The Government's Bureau of Statistics reported in November 
that women earn an average of 1,400 dinars (approximately $25) less per 
month than men.

    Children.--The Government was committed to the rights and welfare 
of children. In October, Rasim Ljajic, minister for labor and social 
policy, stated that 155,000 children lived in poverty, while 
approximately 161,000 children received some kind of social assistance. 
He added that children from the refugee community and Romani families 
were in the most difficult position with almost 60 percent of Romani 
children living in non-hygienic settlements and 46 percent not having a 
meal every day. Ljajic also reported that in 2007 government 
institutions registered 1,640 cases of child neglect, emotional, and 
physical violence against children.
    Romani families experienced some difficulties registering the 
births of children, mostly due to a lack of permanent address or 
documentation of parents' identity.
    While the educational system provided nine years of free, mandatory 
schooling, including a year before elementary school, ethnic prejudice, 
cultural norms, and economic distress discouraged some children, 
particularly Roma, from attending school. According to an August 2007 
government report, 95 percent of children started elementary school on 
time and 76-86 percent of secondary school-age children attended 
school. The report noted, however, that school attendance was 
significantly lower among children from vulnerable groups, including 
Roma and poor populations. Only 14.4 percent of children in rural areas 
attended preschool.
    Romani education remained a problem. Many Romani children, 
especially girls, did not attend primary school; reasons included 
family objections, lack of identity documents, judgments by school 
administrators that they were unqualified, and societal prejudice. 
According to an Open Society Institute report presented in October, 
only two percent of Romani children were in preschool, while fewer than 
40 percent attended primary school. In some cases, children who 
attended school sat in separate Roma-only classrooms or in a group at 
the back of regular classes. Few teachers were trained in the Romani 
language, and many Romani children did not learn to speak Serbian. Some 
Romani children were mistakenly placed in schools for children with 
emotional disabilities because the Romani language and cultural norms 
made it difficult for them to succeed on standardized tests in Serbian. 
In October the Ministry of Education announced the introduction of 
assistant teaching positions for Roma in pre- and primary schools.
    While the law provides that government clinics offer free medical 
care, including free medicines from a limited list of covered drugs, 
there were reports that corruption resulted in restricted access to 
medication for some. Romani children often were not vaccinated.
    Child abuse was a problem. In December a representative of the 
Government council for children's rights reported that government 
centers for social assistance across the country continued to see a 
rise in child abuse and neglect within families; 22 percent of such 
cases documented by the centers included physical violence. According 
to the Poverty Reduction Strategy Report, reported cases of family 
violence rose in 2006. While teachers were instructed to report 
suspected child abuse cases, they often did not do so. Police generally 
responded 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. There was increasing 
incidence of peer-abuse among children.
    Child marriage was a problem in some communities, particularly 
among Roma and in rural areas of southern and eastern Serbia. In the 
Romani community, boys and girls generally married between the ages of 
14 and 18, with 16 as the average; boys generally married a few years 
later than girls. Child marriage was most common among Muslim Ashkali, 
most of whom were displaced from Kosovo.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
through, to, within, and from the country.
    Serbia was a transit point and a point of origin and destination 
for trafficking in women and children. Domestic trafficking increased 
compared to previous years, and the number of domestic victims 
identified was much higher than foreign victims. To a lesser extent 
than in previous years, Serbia was a transit point for women trafficked 
to Western Europe. East European and Central Asian countries were the 
primary source countries for persons trafficked to and through Serbia. 
Minors comprised approximately 40 percent of all identified victims. 
Victims were trafficked for commercial sexual exploitation, labor, 
begging, forced marriage, and adoption.
    Roma, poor rural families, and persons who lacked identification 
documents were at the highest risk of being trafficked. In 2006 the 
Ministry of Labor, Employment, and Social Policy and the NGO Children's 
Rights Center released results of a survey that showed Romani children 
and children from poor, rural communities and foster families were at 
the highest risk for child labor abuse, including begging, theft, 
prostitution, dealing narcotics, and hard physical labor. Some Romani 
children were trafficked within the Romani community and to Roma abroad 
for exploitation in begging and theft rings.
    Traffickers tended to be part of small crime groups with 
international links. In the majority of cases, friends or family 
members facilitated contact between traffickers and victims.
    Traffickers recruited victims through enticements including 
advertisements for escorts, marriage offers, and offers of employment. 
Some women went to work as prostitutes knowingly and only later became 
trafficking victims. Authorities reported increased use of the Internet 
and mobile text messaging as a method of recruiting victims.
    The Government continued funding antitrafficking programs. Early in 
the year, a new law introduced a mandatory, supplemental postage stamp 
to generate revenue for antitrafficking activities. The agency for 
coordination of protection of victims disbursed income from the stamps 
to NGOs that provided direct assistance to victims.
    The criminal code differentiates between trafficking and smuggling. 
The penalty for trafficking in persons is two to 10 years in prison; 
for trafficking minors, the penalty is a minimum of three years; if the 
act of trafficking resulted in death, the penalty is a minimum of 10 
years; if it involved serious physical injury, the penalty is three to 
15 years; if there were multiple acts of trafficking or if perpetrated 
by an organized group, the penalty is a minimum of five years.
    During the year authorities filed more than 30 criminal charges 
against persons for trafficking. Government officials estimated that 
the number of unidentified cases was increasing. Antitrafficking groups 
worked with trafficking victims, including 55 victims identified during 
the year. The police initially referred 40 of the victims for 
identification, while NGOs and other groups referred the remaining 15.
    The Government cooperated in combating trafficking with neighboring 
countries, including Bosnia and Herzegovina, Croatia, Hungary, 
Slovenia, Bulgaria, Romania, Greece, and Ukraine. However, the law 
prohibits extradition of citizens, including dual nationals (except to 
the ICTY for war crimes), and the Government did not extradite any 
citizens who were accused of trafficking in other countries.
    In May a court commenced the trial of Senad Palamar, the former 
public prosecutor in Novi Pazar, and 12 others for running a 
trafficking and prostitution ring. Palamar allegedly failed to 
investigate or report victims of trafficking forced to work as 
prostitutes at a night club in Novi Pazar and allegedly sexually abused 
those victims. Twelve defendants were convicted and received sentences 
ranging from one to eight years, although Palamar and two policemen 
were released on time served.
    On October 25, the Interior Ministry reported the arrest of Nebojsa 
Vojnic, a Subotica police officer, on charges that he facilitated the 
trafficking of 18 Albanian and Macedonian citizens into Hungary. Police 
accused Vojnic of accepting a payment of 3,600 euros (approximately 
$5,100) to transport the illegal immigrants from Subotica to the 
Hungarian border. Police also arrested Redzep Aliaj, the alleged 
organizer of the trafficking ring, and Dejan Tikvicki, accused of 
housing the immigrants in Subotica.
    On November 6, police in Novi Pazar arrested 33-year-old Elvir 
Jasarevic on charges that he, Edvin Jasarevic, Mithat Bisevec, and 
Veljko Stankovic operated a trafficking and prostitution ring from 2006 
through June. There was no further information available at year's end.
    On November 19, the Government appointed Interior Ministry official 
Mitar Djuraskovic to be the new coordinator of the National Team to 
Combat Trafficking in Persons, filling a position vacant since the 
December 2007 retirement of the previous coordinator. The Government's 
antitrafficking team incorporated government agencies, NGOs, and 
international organizations and led government antitrafficking efforts. 
The organized crime police force included a full-time antitrafficking 
unit, and the border police force had a full-time office to combat 
trafficking and alien smuggling. The Government assisted in 
international investigations of human trafficking and participated in 
regional antitrafficking operations.
    The Government offered temporary resident visas to foreign victims, 
regardless of their willingness to testify against their traffickers. 
It also provided victim and witness protection, and did not prosecute 
victims.
    The Government agency charged with coordinating victim protection 
worked to ensure that trafficking victims were correctly identified and 
referred to assistance providers. Every police station had a focal 
point for human trafficking to provide rapid response and assistance to 
possible victims. Separate shelters for domestic and foreign 
trafficking victims operated during the year. During the year, 35 
victims were accommodated in two shelters and the Center for Children 
without Parental Care. The NGO Astra and the Interior Ministry operated 
hotlines for trafficking victims. NGOs, government agencies, and 
volunteers provided legal, medical, psychological, and other assistance 
to victims. The NGO Atina operated a long-term reintegration program 
for victims.
    The International Organization for Migration (IOM) maintained funds 
for repatriation of foreign victims. During the year the NGO Atina also 
had limited repatriation funds.
    The IOM and the OSCE funded training programs for police and social 
welfare officers.
    Government and NGO public awareness efforts to combat trafficking 
included conferences on trafficking and awareness raising campaigns. 
Astra launched an awareness campaign entitled Naked Facts, and Atina 
and IOM took part in a televised antitrafficking campaign.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, or in the provision of other state 
services, and the Government generally enforced the law. However, lack 
of access to older public buildings and public transportation was a 
problem. The law mandates access for persons with disabilities to new 
public buildings, and the Government generally enforced this provision 
in practice.
    The Center for Independent Living (CIL), a disability rights NGO, 
reported that most persons with disabilities lived isolated from their 
communities and that facilities for their education and care were 
nonexistent or inadequate.
    Unemployment remained a serious problem for persons with 
disabilities. According to government estimates presented by the 
National Employment Service in November, only 21,000 out of 700,000 
people with disabilities were employed. A lack of workplace 
accommodations, combined with overall high unemployment, made it 
difficult for persons with disabilities to obtain work. While there 
were no reports of overt discrimination against persons with mental or 
physical disabilities, CIL reported that it was difficult to determine 
if there was discrimination in employment because employers usually 
gave other reasons for not hiring persons with disabilities. A study 
released by the Center for Development of Inclusion and the Center for 
Study of Alternatives in 2006 found that 87 percent of persons with 
disabilities were unemployed. The study also found that a greater 
percentage of women with disabilities were dependent on public 
assistance compared to men with disabilities. In December the minister 
for labor and social policy reported that 70 percent of persons with 
disabilities lived in poverty, while 50 percent relied on various forms 
of government assistance for survival.
    In a report released in February 2007, the HCS found that 
psychiatric hospitals in the country often provided inadequate living 
conditions and that staff lacked training to deal with these cases. 
Most institutions were large facilities, isolated from the community. 
Many patients stayed in institutions for 10 or 20 years because there 
were no other options. Rights of psychiatric patients are not protected 
either by law or regulation. The HCS reported that some patients were 
involuntarily confined in locked wards longer than was medically 
warranted and that abuses of treatment, such as lengthy physical 
immobilization, could occur.
    In November 2007 Mental Disability Rights International (MDRI) 
released a report on government facilities for the mentally disabled. 
The report, titled ``Torment, Not Treatment,'' criticized the 
facilities for inadequate hygiene and treatment of patients. The report 
also cited a lack of training for personnel and lack of oversight of 
their activities, resulting in abuses of patients. MDRI gave examples 
of patients tied to their beds continuously. The Social Affairs 
Ministry objected that, while the report was partially accurate in its 
description of the worst institutions, the conditions were not so 
extreme at all facilities.

    National/Racial/Ethnic Minorities.--An April 29 European Commission 
against Racism and Intolerance (ECRI) report on the country noted the 
existence of a climate of hostility toward national and ethnic 
minorities, who constituted 25 to 30 percent of the country's 
population and included ethnic Hungarians, Bosniaks, Roma, Slovaks, 
Romanians, Vlachs, Bulgarians, Croats, Albanians, and others.
    Roma, who constituted 1.4 percent of the population, continued to 
be the most vulnerable minority community. Roma were targets of verbal 
and physical harassment from ordinary citizens, police violence, and 
societal discrimination.
    On August 4, police in Kursumlija allegedly beat Ivica and Toni 
Jovanovic, two Roma accused in the theft of a water meter, in an effort 
to extract a confession. The police released the Jovanovics after 
arresting other suspects in the theft.
    On October 29, police arrested Darka M. from Pozega and Milos M. 
and Vladan M. from Lajkovac on criminal charges stemming from an 
attempt to burn a Turkish flag on the main square in Cacak. Police 
charged the three with inciting national, racial, or religious hatred 
and intolerance against Muslims.
    In May the Pozarevac District Court confirmed the decision of a 
lower court in Veliko Gradiste to pay damages to a Romani minor who was 
the victim of sexual harassment.
    There was no further information available in the following 2007 
cases: the January spray-painting of 30 Romani homes in the village of 
Medja in Leskovac municipality with swastikas and anti-Roma graffiti; 
the February attack by a group of Serbs on the president and several 
members of the Democratic Association of Roma in Belgrade; and the 
series of attacks in August on Roma in Belgrade, including destruction 
of homes, assaults, and hate speech graffiti.
    Many Roma continued to live illegally in squatter settlements 
lacking basic services such as schools, medical care, water, and sewage 
facilities. Some 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. 
During the year Belgrade authorities continued to suspend demolition of 
a settlement on privatized land until they could locate alternative 
housing. Several attempts to resettle the Roma failed when residents of 
the designated resettlement areas protested.
    In June the country assumed the presidency of the 11-country Decade 
of Roma Inclusion. The Government named improvement of housing 
conditions and abolition of discrimination in education as priorities. 
In early September Osman Balic, the coordinator of the League for the 
Decade of the Roma, noted that public institutions continued to 
discriminate against Roma and appealed to the president and speaker of 
parliament to improve the situation.
    In October and November the Ministry of Human and Minority Rights, 
with support from the United Nations Development Program (UNDP) and 
Deputy Prime Minister Bozidar Djelic, organized public hearings in 
Kragujevac, Nis, Novi Sad, and Belgrade to discuss government 
strategies for advancing the status of Roma. In October Minister for 
Human and Minority Rights Svetozar Ciplic announced the start of a 
project that would allow Roma to register birth and other vital records 
free of charge. The state budget passed on December 29 allocated 1.2 
billion dinars (approximately $218 million) to improving the position 
of the Romani minority, an amount ten times the sum set aside 
previously. The deputy prime minister announced that priority would be 
given to resolving housing problems and programs aimed at countering 
discrimination in the educational system.
    Although not widespread, there continued to be incidents of 
vandalism and some physical attacks against minorities in Vojvodina, 
including ethnic Hungarians.
    Following Kosovo's independence declaration in February, a group in 
Sombor distributed free bread to citizens in front of Albanian- and 
Gorani-owned bakeries to dissuade citizens from buying in those shops. 
The windows of several bakeries were broken. The district prosecutor 
filed a request for investigation into acts that fueled racial, 
religious, and national hatred, but there was no further information 
available.
    In May YUCOM reported that unknown individuals spray-painted 
graffiti on a Muslim-owned house in Palic that called for ethnic-based 
violence and the banishment of non-Serbs. Local police officials 
ordered the homeowner to remove the graffiti and forbade local 
officials from photographing it.
    In September a series of videos appeared on the YouTube web site 
calling for the assassination of Nenad Canak, the leader of the League 
of Vojvodina Social Democrats (LSV). Canak called for police to 
investigate the threats and arrest the author, but there was no police 
investigation as of year's end.
    On October 27, passers-by discovered graffiti, including a swastika 
and the numbers 18 and 88 (a code representing the initials for Adolph 
Hitler and ``Heil Hitler''), at the monument at the Novi Sad quay in 
memory of the January 1942 raid in which Hungarian Nazis killed and 
threw into the river over 1,300 Jews, Roma, and ethnic Serbs. NGO 
representatives and political parties, including the Democratic Party, 
G17 Plus, and the LSV condemned the graffiti and demanded an 
investigation and arrest of the perpetrators. The Liberal Democratic 
Party also called for a ban on neo-Nazi and anti-Semitic organizations.
    The law allows official use of any native language and alphabet of 
a national minority with 15 percent of the population in a given area. 
In August municipal authorities in Priboj rejected proposals from local 
opposition parties to introduce the Bosniak language and Latin script 
into official use, even though the population was 23 percent Bosniak 
according to the 2002 census. Many linguists considered Bosniak and 
Serbian to be dialects of the same language, and the Latin script is 
used widely throughout the country.
    Ethnic Albanian leaders in the southern municipalities of Presevo, 
Bujanovac, and Medvedja continued to complain about underrepresentation 
of ethnic Albanians in state institutions at the local level. An ethnic 
Albanian coalition took part in the May parliamentary elections, 
leading to the election of one Albanian parliamentarian. Other Albanian 
political parties decided not to support the coalition and abstained 
from elections.
    On August 29, the Government appointed Minister of Public 
Administration and Local Self-Government Milan Markovic to head the 
Coordinating Body for Southern Serbia, which coordinates policy and 
assistance to the region. Ethnic Albanian leaders welcomed the 
appointment, but a government decision to stop recognizing diplomas 
issued by Kosovo universities after 1999 resulted in local Albanian 
political leaders boycotting the work of the coordinating body. On 
October 30, the Government reversed its decision, but cooperation 
between Albanians in South Serbia and the coordinating body remained a 
problem at year's end.
    The Government took some steps to counter violence and 
discrimination against minorities. It operated a hotline for minorities 
and others concerned about human rights problems.
    As an alternative to religion courses on the ``traditional'' 
religions, the Government offered students the option of attending a 
civic education class that included information on minority cultures 
and multiethnic tolerance.
    During a protest organized by the Anti-Fascist Campaign on October 
11, police arrested more than 30 supporters of a neo-Nazi organization 
who came to counter-demonstrate. The Interior Ministry did not issue a 
permit for either group to gather. On October 13, Belgrade police filed 
various charges against supporters of the neo-Nazi organization, 
including criminal charges stemming from an attack in which 
demonstrators threw rocks and other objects at police.
    On October 21, the Cacak District Court sentenced Darko Obrenovic, 
Milan Milosavljevic, Nikola Cvetkovic, and Mladen Ikonic to prison 
sentences ranging from 10 to 18 months in connection with the March 7 
beating of Ghanaian soccer player Solomon Opoku. Dragan Dragovic 
received a six-month sentence for threatening a witness. Following a 
soccer match in Cacak, the defendants confronted Opoku with racial 
slurs and then attacked and beat him.
    On November 14, the Cacak District Court sentenced Dragan Dragovic, 
Slobodan Gostiljac, and Jovica Ristic each to six-month prison 
sentences and handed down suspended four-month prison sentences to 23 
other fans of the Borac soccer team for inciting national, racial, and 
religious hatred and intolerance. The convictions stemmed from a 2006 
incident in which the fans donned white Ku Klux Klan-like hoods and 
shouted racial slurs at Michael Temwanjira, a Borac player from 
Zimbabwe.

    Other Societal Abuses and Discrimination.--Violence and 
discrimination against homosexuals was a problem. A comprehensive 
survey of societal perceptions of homosexuality and attitudes towards 
the lesbian, gay, bisexual, and transgender (LGBT) population, 
conducted in February and March, showed that the dominant opinion was 
that homosexuality is a disease and represents a threat to society. 
Several Serbia-based Neo-Nazi web sites and Facebook pages hosted anti-
LGBT forums and groups.
    During the Eurovision song contest in May, the right-wing youth 
group Obraz organized squads that patrolled Belgrade to protest against 
the ``street conference of gay-lesbian groups.'' The group stated it 
would not tolerate any public promotion of ``evil,'' but there were no 
reported incidents.
    On September 19, a group of approximately 20 youths wearing 
surgical masks and hoods attacked participants in a gay rights festival 
in Belgrade. Several participants suffered minor injuries, while an 
U.S. citizen suffered a broken arm and concussion. According to press 
reports, the police reacted swiftly, arresting two of the attackers and 
filing criminal charges. There was no further information available at 
year's end.
    Although the broadcasting law prohibits discrimination on the 
grounds of sexual orientation, some media carried slurs against 
homosexuals. A commentary published in May in the daily Politika 
attacked the LGBT presence at the Eurovision contest; a number of gay 
and human rights organizations criticized the commentary as hate 
speech. On June 2, the Belgrade-based Kurir tabloid published an 
interview, titled ``With Dynamite for Faggots,'' with Predrag Radetic, 
who was arrested on May 21 while attempting to enter a party of 
Eurovision guests and contestants while strapped with explosives.
    On December 11, representatives of the NGO Queer Life released a 
statement calling for the Government to respond to anti-gay placards 
posted throughout Belgrade on December 10. The posters, authored by the 
right-wing organization Nasi, used crude and offensive language to 
criticize a Ministry of Culture grant awarded to Queer Life to develop 
its web site. The NGO statement also called for Nasi to be banned as an 
organization that incites hatred and intolerance.
    On December 23, the NGO Gay Straight Alliance (GSA) issued a 
statement welcoming the first-ever court decision punishing threats 
against members of the gay community. Belgrade city magistrate Snezana 
Aleksic fined B.P. from suburban Rusan 10,000 dinars (approximately 
$180) for sending numerous text message threats to GSA activist L.P. in 
April. GSA however criticized the police department in the Palilula 
district of Belgrade for its unwillingness to accept a complaint from 
L.P. and also highlighted that police in the city's New Belgrade 
district had yet to investigate threats against GSA head Boris 
Milicevic reported by the group in October.
    NGOs reported acts of discrimination against persons with HIV/AIDS, 
including job loss and harassment from neighbors. NGOs and some health 
workers also reported that some medical workers discriminated against 
persons with HIV/AIDS. In 2007 the NGO Sunce stated that fear of 
discrimination prevented many persons from seeking testing, and, as a 
result, the actual number of HIV-positive persons in the country was as 
much as ten times greater than the 2,088 reported HIV cases. Health 
Ministry research on groups at risk from contracting HIV indicated that 
there was a need to adopt a code to regulate treatment of individuals 
with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law and constitution provide the 
right for workers, except military and police personnel, to join or 
form unions of their choosing. This right was subject to restrictions, 
including approval by the Labor Ministry and a statement from the 
employer that the union leader is a full-time employee, which 
reportedly was tantamount to an employer approval requirement. The 
state-affiliated Confederation of Autonomous Trade Unions of Serbia 
(CATUS), a federation of unions formed during the country's socialist 
period and supported by the Milosevic regime, outnumbered independent 
labor unions in the public sector. However, independent trade unions 
were able to organize and address management in state-owned companies 
on behalf of their members. In the state-owned sector, 55 to 60 percent 
of workers were unionized while in the private sector 13 to 15 percent 
were unionized. In newly privatized companies, up to 35 percent of 
workers belonged to unions.
    The law and constitution allow unions to conduct their activities 
without interference, and the Government protected this right in 
practice.
    The law and constitution provide for the right to strike except by 
persons providing essential services such as public utilities, radio 
and TV broadcasting, food production, healthcare, education, social 
services, military and intelligence services, work in the chemical, 
steel, and metals industries, and the postal service. Essential service 
employees constituted more than 50 percent of the workforce and had to 
announce planned strikes at least 10 days in advance and ensure that a 
``minimum level of work'' was provided. Workers exercised the right to 
strike. On December 17, for example, after two brief work stoppages, 
over 300 workers at the Nevena chemical factory in Leskovac began a 
general strike to demand back wages.
    Three publicly-owned companies from Southern Serbia sold workers' 
vacation resort properties and distributed the proceeds only to members 
of the state-affiliated trade union federation.

    b. The Right to Organize and Bargain Collectively.--The law 
protects the right to organize and bargain collectively, and it was 
exercised freely in practice. The law requires collective bargaining 
agreements for any company with more than 10 employees. However, in 
order to negotiate with an employer, a union must have 15 percent of 
company employees as members. In order to negotiate with the 
Government, a union must have 10 percent of all workforce employees as 
members. Collective bargaining agreements covered approximately 40 
percent of employed workers.
    In April, almost three years after the previous agreement expired, 
the Government concluded a new general collective bargaining agreement 
with CATUS and independent trade union Nezavisnost. The agreement 
outlined general workers' rights such as annual and sick leave as well 
as employment benefits. The agreement expanded the scope of collective 
bargaining to include all employees and employers in the country, 
regardless of participation in trade unions or employers' associations. 
Trade unions and companies generally were pleased with the new 
agreement and its expanded scope. However, the onset of the global 
financial crisis postponed the agreement's entry into effect.
    The law does not prohibit antiunion discrimination. According to 
the trade union Nezavisnost, during the year there were cases of 
discrimination against trade unions and violations of workers' rights. 
According to the NGOs Felicitas and the Center for Democracy, the most 
common workers' rights violations were work performed without an 
employment contract; nonpayment of salary, overtime, and benefits; 
employers withholding maternity leave allowances; discrimination based 
on sex and age; discrimination against disabled persons; unsafe working 
conditions; and harassment. Workers fired for union activity have the 
legal right to reinstatement. According to Nezavisnost, there were no 
cases of workers fired for union activity during the year.
    There are no special laws or exemptions from regular labor laws in 
the three export processing zones created in 2007.

    c. Prohibition of Forced or Compulsory Labor.--The law and 
constitution prohibit forced and compulsory labor, including by 
children; however, women and children were trafficked for commercial 
sexual exploitation, labor, and begging.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively enforced laws protecting children from 
exploitation in the workforce; however, there were reports that 
children were trafficked for commercial sexual exploitation, labor, and 
begging. In villages and farming communities, younger children commonly 
worked in family businesses. Children, particularly Roma, also worked 
in a variety of unofficial retail jobs, typically washing car windows 
or selling small items such as newspapers. Families often forced Romani 
children into manual labor and begging or trafficked them abroad to 
work in begging or theft rings.
    The minimum age for employment is 15, and youth under 18 require 
written parental or guardian permission for employment. The labor law 
stipulates very specific working conditions for youth, and limits their 
workweek to 35 hours. Penalties include fines of up to 780,000 dinars 
(approximately $14,100).
    The Labor Ministry's Labor Inspectorate checked for child labor 
during its inspections; however, the ministry stated it found no 
violations during the year. According to Felicitas and the Center for 
Democracy, there were no examples of children working in factories. The 
ministry also included prevention of child labor in its regular child 
and family protection programs.

    e. Acceptable Conditions of Work.--The Social Economic Council set 
the minimum wage for the period between July and December at 13,572 
dinars (approximately $250) per month. The minimum wage did not provide 
a decent standard of living for a worker and family. In companies with 
a trade union presence, there was generally effective enforcement of 
the minimum wage due to trade union monitoring. This was not the case 
in smaller private companies where employers were either unwilling or 
unable to pay minimum wages and mandatory social benefits. These 
companies often employed unregistered workers. Most unregistered 
workers did not report labor violations because they feared losing 
their jobs. The minimum wage was established in a transparent and 
tripartite manner. The Labor Inspectorate is responsible for enforcing 
the minimum wage.
    The average monthly salary in December was approximately 38,626 
dinars (approximately $569) or 1,288 dinars ($18.97) per day or 161 
dinars ($2.37) per hour. The average salary was not adequate for a 
worker and family to live comfortably but covered expenses for average 
monthly consumption. In contrast to previous years, wage arrears were 
no longer reported to be substantial and widespread.
    The standard workweek of 40 hours was generally observed in state-
owned enterprises, but not in private companies. The law provides that 
an employee may not work overtime for more than four hours a day or for 
more than 240 hours in a calendar year. For an eight-hour workday, one 
30-minute break is required. At least 12 hours of break are required 
between shifts during a workweek, and at least 24 hours of break are 
required over a weekend.
    Collective agreements were the primary means of providing premium 
pay for overtime. However, the labor law requires that the premium for 
overtime work should be at least 26 percent of the salary base, as 
defined by the relevant collective agreement. Trade unions within a 
company are the primary agents for enforcing overtime pay; however, the 
labor inspectorate also has enforcement responsibilities. The 
inspectorate had mixed results enforcing labor regulations due to a 
variety of factors, including politics and corruption.
    It is mandatory for companies 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. Workers did not have the right to remove 
themselves from situations that endangered their health or safety 
without jeopardy to their employment.
    On September 5, the Jagodina District Court issued the country's 
first workplace harassment conviction even though there is no specific 
law against creating a hostile work environment. The court sentenced 
Zoran Milovanovic, editor of the weekly Novi Put, to four months in 
prison and two years probation for harassing Ivana Delic-Jankovic, a 
Novi Put journalist.

                               __________

                            SLOVAK REPUBLIC

    The Slovak Republic, with a population of approximately 5.4 
million, is a multiparty parliamentary democracy led by a prime 
minister and a 150-member Narodna Rada (National Council). The head of 
government, Prime Minister Robert Fico of the social democratic Smer 
Party, was elected for a four-year term in 2006. President Ivan 
Gasparovic, the head of state, was elected for a five-year term in 
2004. Both elections were free and fair. Six political parties, three 
of which comprise the governing coalition, sit in the National Council. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. Notable human 
rights problems included some continuing reports of police mistreatment 
of Romani suspects and lengthy pretrial detention; restrictions on 
freedom of religion; corruption in the judiciary, local government, and 
government health services; violence against women and children; 
trafficking in women and children; and societal discrimination and 
violence against Roma and other minorities.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.
    In February the Banska Bystrica Regional Court found seven former 
police officers guilty of torture and inhuman treatment in connection 
with the 2001 death of a Romani man in police custody. The man died 
while handcuffed to a radiator; the official autopsy revealed injuries 
to vital organs caused by fist and nightstick blows, kicks, and other 
forms of physical abuse. Two of the officers were sentenced to eight-
and-a-half years in prison, and the other two received sentences 
between four and seven years.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and the law prohibit torture and other 
cruel, inhuman, and degrading treatment or punishment, and the 
Government generally respected these provisions in practice.
    Nongovernmental organization (NGO) sources and members of the 
Romani community cited a continuing trend of mistreatment of Romani 
suspects by police officers during arrest and while in custody. The 
Council of Europe's Committee for the Prevention of Torture (CPT) 
released an inspection report in 2006 that noted significant 
allegations of mistreatment of detainees by law enforcement agencies, 
including slaps, punches, kicks, or blows with hard objects such as 
batons. In a ``notable proportion'' of cases the victims were Roma.
    Police continued to provide special training on Romani culture and 
language to police officers working in districts with Romani 
communities in the Kosice and Presov regions. The Bratislava branch of 
post-secondary schooling for police also offered an elective course in 
Romani language and culture.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards; however, overcrowding continued 
to be a problem. The Government permitted visits by independent human 
rights observers.
    In 2007 the minister of justice allocated additional funds for 
prison facility upgrades resulting in a decreased prison occupancy 
rate, from 102 percent in 2006 to 76 percent of capacity, with only 
three facilities over capacity. Despite this improvement, a prison 
official stated that more time and funding would be required to 
implement all of the necessary modifications.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--The national police has 
sole responsibility for internal and border security and reports to the 
Ministry of Interior (MOI). The head of the police force reports 
directly to the minister of interior, who has the authority to recall 
any member of the police. Human rights observers believed that police 
were occasionally reluctant to accept the testimony of witnesses, 
particularly Roma, women, and homeless persons, and often failed to 
promptly and thoroughly investigate cases involving Roma and other 
minorities.
    Instances of police corruption and misconduct were reported, 
primarily the extortion of bribes during traffic stops. Headed by a 
director who reports directly to the minister of interior, the Bureau 
for the Inspection Service of the Police Corps is responsible for 
investigating police abuses. Cases may be initiated by, among others, 
the inspection service, the Police Corps, the police's organized crime 
unit, and individual citizens.
    The most common charge brought against police officers was abuse of 
power. Other charges included battery, assault, and illegal intrusion 
into private homes. In November 2007 two police officers and one former 
police officer were convicted for the on-duty 2006 murder of a 
businessman in Polomka. One of the officers, who bargained for a 
reduced sentence, admitted that a business associate of the victim 
ordered the murder. The primary assailant received a 25-year sentence, 
while the other two received sentences of between five and 10 years.
    There were some indications that impunity was a problem, as 
evidenced in the ongoing case of Radoslav Puky, a Slovak citizen of 
Romani origin. In 2004 Puky's body was found in a Trebisov canal 
following his disappearance during a police operation. A CPT 
investigation indicated that police took only perfunctory action to 
investigate reports of police assault against Puky. In March 2007 the 
Constitutional Court dismissed a new complaint filed by the League of 
Human Rights Activists on behalf of the Puky family. The league 
subsequently submitted the case to the European Court of Human Rights 
(ECHR), where it was pending at year's end.
    Human rights training remained on the curriculum at police training 
facilities.

    Arrest and Detention.--The constitution and the law stipulate that 
a person can be taken into custody only for explicit reasons and must 
be informed immediately of the reasons for detainment. A written court 
warrant is required for arrest. The court must grant a hearing to a 
person accused of a crime within 48 hours (or a maximum of 72 hours for 
``serious cases,'' defined as violent crimes, treason, or other crimes 
with a sentence of at least eight years) and either release or remand 
the individual. Detainees have the right to consult with an attorney 
immediately and must be notified of this right. The Government provides 
free counsel to indigent detainees. 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.
    There was a bail system in place that functioned effectively. 
Attorney visits were allowed as frequently as necessary. The law allows 
monthly family visits upon request.
    Criminal court procedures mandate that the total time of detention 
(pretrial plus trial) cannot exceed 12 months in the case of minor 
offenses, 24 months for regular crimes, 36 months for severe crimes, 
and four years for crimes in which the expected sentence is more than 
25 years. In addition, pretrial detention cannot account for more than 
one-half of the total detention time. In cases with extenuating 
circumstances, the Supreme Court may extend pretrial detention to four 
years. Delays in court procedures and investigations frequently led to 
lengthy detentions during both the pretrial and trial periods. 
According to 2007 statistics, pretrial detainees accounted for 
approximately one-third of the total prison population and were held on 
the average for 125 days at the District Court level and 399 days at 
the regional court level. Ten percent of detentions at the District 
Court level and 51 percent of detentions at the regional court level 
were longer than one year.
    The law allows plea bargaining, which reduced the backlog of court 
cases. During 2007, 4,428 cases were resolved by plea bargaining, 
compared with 1,833 cases in 2006.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, problems with corruption and 
inefficiency in the judiciary continued.
    Cases are generally first heard in the District Courts; appeals are 
made to the eight regional courts. The Supreme Court, consisting of 70 
active judges, is the highest court of appeals and the court of last 
resort in all civil and most criminal cases. The constitutional court, 
with 13 judges serving 12-year terms, is independent of the Ministry of 
Justice and rules on cases regarding the constitution and international 
treaties, considers cases in which constitutional provisions are in 
conflict, and hears complaints about violations of basic rights and 
freedoms; its decisions cannot be appealed to the Supreme Court. The 
Judicial Council, a constitutionally recognized independent body of 
lawyers and judges, makes decisions regarding disciplinary actions, 
administrative issues, and appointments of judges. The special court 
hears cases of official corruption and those related to high-ranking 
government and political figures and organized crime. The court's 
decisions may be appealed to the Supreme Court, which has thus far 
upheld every verdict. Military courts hear criminal cases concerning 
soldiers, police, prison guards, and related government security 
services. Military courts also have jurisdiction in cases involving 
civilians suspected of treason during time of war. Military courts 
provide the same rights as the regular court system.
    With the exception of the constitutional court, courts employed a 
computerized system for random case assignment to increase 
transparency. Nevertheless, public skepticism toward the court system 
remained widespread.

    Trial Procedures.--BY law persons charged with criminal offenses 
are entitled to fair and public trials and have the right to be 
informed of the charges against them. However, NGO observers stated 
that judicial corruption often resulted in lengthy court delays and 
improper handling of police investigations. Defendants enjoy a 
presumption of innocence, have the right to refuse self-incrimination, 
and may appeal adverse judgments. They are also presumed innocent 
during the appeals process, meaning that a person found guilty by a 
court does not serve his imposed sentence nor pay any fine until the 
final decision on his appeal is reached. The law does not provide for 
jury trials. A panel of three judges is obligatory in criminal cases 
and in civil cases at the regional court and Supreme Court levels. 
Defendants have the right to be present, consult in a timely manner 
with an attorney (at government expense if indigent), access 
government-held evidence, confront witnesses against them, and present 
witnesses and evidence on their own behalf.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--Citizens have unrestricted 
access to an independent judiciary to bring lawsuits in civil matters 
including human rights violations. Courts that hear civil cases were 
subject to the same delays as criminal courts and were often perceived 
as being corrupt. Administrative remedies are available in certain 
cases. The National Center for Human Rights has the authority to 
provide mediation for cases of discrimination and to represent 
claimants in court.
    The Office of the Public Protector of Rights (ombudsman) determined 
that 877 of the approximately 14,000 complaints received in the past 
six years constituted violations of the rights of the claimants, most 
of which involved delays in court proceedings of five or more years. 
The ombudsman's office began providing free legal services throughout 
the country by holding traveling legal clinics in cooperation with 
individual municipalities. The clinics assisted 5,200 individuals 
during the year.
    The ECHR issued seven rulings during the year against the country 
based on the ``reasonable time'' requirement for civil and criminal 
proceedings under the European Convention on Protection of Human 
Rights.

    Property Restitution.--The law provides citizens an opportunity to 
apply for the return of land confiscated by the state between 1948 and 
1989. Since the passage of the property restitution law of 1991, 48,518 
claims have been filed. As of December 2007, 39,369 of these claims had 
been resolved through land return, land awards, or financial 
reimbursement. Under the property restitution law of 2003, 34,287 
claims were filed, of which 14,340 were resolved (which includes land 
return, awards, or financial reimbursement) through December 2007. A 
lack of historical documentation prolonged the process and prevented 
many cases from being resolved.

    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.
    Police must present a warrant before conducting a search or within 
24 hours afterwards.
    Romani advocacy groups pressured the Government to acknowledge and 
compensate victims for past involuntary sterilization practices on 
Romani women in public health facilities. Patients are legally required 
to submit written requests at least 30 days before sterilizations are 
performed; however, criminal charges cannot be filed for offenses that 
took place prior to 2005, when the law took effect. No victims of 
involuntary sterilization or sterilization without informed consent 
received financial redress for sterilization in the country's court 
system.
    According to the NGO Poradna (Center for Civil and Human Rights), 
which helped alleged victims prepare cases, several civil court cases 
have been filed, and in 2007 the Presov regional court decided against 
the plaintiff.
    Two forced sterilization civil suits that predate the 2005 law were 
filed at the ECHR in 2004. Both were still pending at year's end. In 
one case three Romani women claimed that they were sterilized without 
informed consent. In 2006 the Constitutional Court ruled that regional 
level prosecutors had violated the constitution and the European 
Convention on Human Rights by improperly closing the investigation of 
the original claim, and it awarded each of the claimants 50,000 koruna 
(approximately $2,380). The court instructed the prosecution to reopen 
its investigation in 2007, but the investigation did not yield any new 
results. The NGO representing the victims filed another appeal to the 
Constitutional Court, which was pending at year's end.
    In the second case, eight Romani women, who suspected they had been 
sterilized without their knowledge, filed a case with the ECHR when 
hospitals allegedly denied them access to their medical records. Four 
of the women subsequently received access to their medical files, and 
at least one discovered she had been sterilized. The remaining four 
women continued to be denied access to their medical records despite a 
government decree. In May 2007 the Ministry of Health informed Poradna 
that the women's medical records were lost.
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; while the Government 
generally respected these rights in practice, it sought to limit 
actions of extremist groups.
    The law prohibits the defamation of nationalities, which is 
punishable by up to three years in prison, and denying the Holocaust, 
which carries a sentence of six months to three years.
    The independent media were active and expressed a wide variety of 
views without restriction, although state-owned television and wire 
services were subject to political influence by the Government. There 
were reports that directors of Slovak Public Television exerted 
pressure in the news department to provide favorable coverage of 
governing coalition events and activities.
    Members of government took several actions that observers believed 
were intended to pressure the media to curtail reporting critical of 
the Government.
    In September the Bratislava District Court adjourned the trial of 
Prime Minister Robert Fico's libel suit against the publisher of the 
weekly Trend. Fico filed the suit in response to the cover story 
``Thief of Your Future Pensions'' published in Trend in September 2007. 
The article reported on efforts of the Fico government to roll back 
pension reform introduced under the previous government.
    In February two journalists from the weekly Zurnal were charged 
with leaking classified information and fined 15,000 koruna 
(approximately $714) by the National Security Office. Journalists from 
several leading media outlets declared this an ``absurd'' limitation of 
the press. On July 30, prosecutors dropped the case.
    On July 29, the Constitutional Court refused the newspaper Pravda's 
appeal of the February 2006 regional court ruling ordering it to 
apologize and pay damages of four million koruna (approximately 
$190,500) to a former Supreme Court chairman and the current minister 
of justice for news stories and cartoons alleging judicial corruption.
    On June 1, a new media law went into effect that requires 
publishers to print responses to any ``statement of fact that impinges 
on the honor, dignity, or privacy of a natural person, or the name or 
good reputation of a legal entity.'' The law requires publishers to 
print replies on the same numerical page and space as the original 
article, regardless of whether the original statement was factually 
correct. Journalists and publishers opposed the law because it could 
force them to print official government responses without the 
opportunity for a counterresponse. Miklos Haraszti, the Organization 
for Security and Cooperation in Europe's representative on freedom of 
the media, regretted the law's adoption and said, ``Instead of handling 
the right to correction or reply in compliance with the standards, 
Slovakia is forcing its media to become subject to political give and 
take. This goes against the country's international commitments to 
protect the freedom of its media.''

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mails; 
however, police monitored Web sites hosting hate speech and attempted 
to arrest or fine the authors. The law defines hate speech as speech 
that publicly threatens an individual or group based on nationality, 
ethnicity, race, skin color, or that publicly incites the restriction 
of rights and freedoms of such an individual or group. Individuals and 
groups could otherwise engage in the peaceful expression of views via 
the Internet, including by e-mail. Internet access was generally 
available across the country.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution and the law provide for freedom of 
assembly, and the Government generally respected this right in 
practice.
    In December 2007 the Banska Bystrica regional court sentenced five 
neo-Nazis to probation of three to six months for propagating an 
ideology that suppresses the rights of others and riotous conduct 
during a September 2006 rally in Turecka.

    Freedom of Association.--The constitution and the law provide for 
freedom of association, and the Government generally respected this 
right in practice. However, the law requires organizations to pay a 
nominal registration fee and stipulates that those registering as 
foundations have ``substantial'' financial resources of 180,000 koruna 
(approximately $8,571) to operate. In August 2007 the MOI denied 
Juzanska Rada (Southern Council for Self-determination) registration on 
the grounds that the organization's calls for separate self-governance 
structures for Hungarians in southern Slovakia were unconstitutional.

    c. Freedom of Religion.--The constitution and the law generally 
provide for freedom of religion; however, the law prevents smaller 
religious groups from registering. Catholicism was the dominant 
religion due to the number of adherents and received larger state 
subsidies; however, there is no official state religion.
    In May 2007 the Government amended the religious registration law 
to require that religious groups must provide signatures of 20,000 
citizens or permanent residents who are adherents of the faith in order 
to register officially. The law previously required the signatures of 
20,000 citizens, not specifically adherents. Registered groups received 
state subsidies for clergy and office expenses and were permitted to 
proselytize in prisons and hospitals and to conduct legal marriage 
ceremonies. There were 18 registered religious groups in the country. 
No unregistered religious group had sufficient membership to meet the 
new requirements for registration.
    Leaders of smaller religious communities, particularly Muslims, but 
also some Protestant denominations, the Hare Krishna community, and the 
Church of Scientology, complained that the membership requirement for 
registration effectively barred them from obtaining official status, 
although these groups experienced no restrictions on assembly and 
worship.
    The law requires public elementary school students to take either a 
religion or an ethics class. The law also allows government-funded 
religious schools to remove material inconsistent with church beliefs 
from their curricula.
    In November the cabinet approved a penal code amendment that would 
toughen penalties for extremist acts. The amendment was pending with 
the parliament at year's end.
    The MOI officially disbanded the far-right organization Slovenska 
Pospolitost in November, after issuing the organization a warning that 
it was under investigation five days earlier. Pospolitost's spokesman 
asked for an explanation from the Government and said that he believed 
the decision was illegal. NGO observers commented that the ministry did 
not follow the legal procedures and that the action indicated that the 
Government could disregard the law in the name of rooting out 
extremism.

    Societal Abuses and Discrimination.--There were reports of societal 
violence and discrimination against religious groups; however, the 
Government made efforts to prosecute offenders and conducted programs 
to prevent it.
    Organized neo-Nazi groups, estimated to have 500 active members and 
several thousand additional sympathizers, promoted anti-Semitism and 
harassed and attacked other minorities, including Roma. Jewish 
community leaders expressed concern that some media coverage in the 
country exhibited anti-Semitic undertones. Jewish community leaders and 
2001 census data estimated the size of the Jewish community at 
approximately 3,000 persons.
    In August three teenagers (ages 16 to 18) were caught vandalizing 
the Velka Ida Jewish cemetery near Kosice. They damaged 12 gravestones 
and a rabbi's mausoleum. The 18-yar-old faced a possible sentence of 
two years in prison, while the two younger boys faced a possible 
sentence of one year each. The trial remained pending at year's end.
    In September the National Council held a special session to debate 
the political opposition's recall effort of minister of justice 
Harabin, who was accused of having business ties to a narcotics 
trafficker. Harabin told opposition parliamentarian Daniel Lipsic that 
his inquiry reminded him of the ``behavior of certain Nazis, who had 
Jewish ancestors and managed to participate in the killing of innocent 
children, women, and old men in concentration camps, just to prove 
their loyalty to fascism,'' and asked ``What is the difference between 
Goebbels and Lipsic?'' Human rights groups, Jewish groups, and 
opposition groups criticized Harabin's statements as anti-Semitic and 
organized an anti-Fascism rally in Bratislava in the week following the 
special session. Prime Minister Fico publicly distanced himself from 
Harabin's statements, and stated that there was no room for anti-
Semitism in his government.
    In January 2007 two young men were arrested and charged with 
defamation against an ethnic group; the men shouted Nazi slogans at the 
Bratislava rabbi and his son as they were leaving a synagogue. The case 
was pending trial at year's end.
    The 2006 trial of seven neo-Nazis in Kosice charged with possession 
of illegal weapons and propagating an ideology that suppresses the 
rights of others was postponed.
    While direct denial of the Holocaust was not common, expressions of 
support for the World War II-era Slovak fascist state, which deported 
tens of thousands of Slovak Jews, Roma, and others to their deaths in 
German concentration camps, occurred during the year. Extreme right-
wing groups, such as Slovenske Hnutie Obrody, regularly praised the 
wartime fascist state and denied its role in the Holocaust. Slovenske 
Hnutie Obrody and similar groups linked their Web sites to those of 
Matica Slovenska, a cultural heritage organization that received 
significant state subsidies, and reproduced articles from Slovenska's 
newsletter.
    The Nation's Memory Institute (UPN), which provides access to 
previously undisclosed records of the Slovak regimes from 1939-89, was 
attacked by the Slovak National Party (SNS) Chairman, Jan Slota. In 
April Slota introduced a motion to abolish the UPN, effective January 
2009. Slota's proposal was rejected by all other political parties, and 
in May Slota withdrew the proposal from the National Council. Several 
of the UPN's researchers, claiming the UPN had lost its independence 
under the leadership of SNS appointee Ivan Petransky, left the UPN 
during the year.
    The MOI actively pursued violent extremist groups, and police 
monitored Web sites hosting hate speech and attempted to arrest or fine 
the authors. The Government also continued implementing its action plan 
to fight discrimination, racism, xenophobia, and anti-Semitism. During 
the year the Government organized educational programs on minority and 
human rights issues. High school and university curricula promoted 
tolerance, and students could also compete in annual essay contests 
that focused on human rights issues.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and the law provide 
for freedom of movement within the country, foreign travel, emigration, 
and repatriation and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government had an established system for providing some protection to 
refugees. However, the Government granted very few asylum seekers 
refugee status, and the asylum law gives officials broad authority to 
reject applicants based on technical errors in their applications.
    In practice the Government provided protection against the 
expulsion or return of refugees to countries where their lives of 
freedom would be threatened.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol and provided it to approximately 39 individuals from January 
to August; 185 individuals were rejected. 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.
    The Government accepted refugees from third countries and provided 
basic facilities and services to encourage integration. Language 
training and work permits were available for refugees and asylum 
applicants with extended stays.
    In September 2007 the Government, the UNHCR, and the local NGO 
Human Rights League signed an agreement to monitor border and airport 
activities in an effort to assist asylum and refugee seekers by 
providing a more efficient system for processing claims and making 
counseling and advocacy services available to applicants. The agreement 
was also designed to improve monitoring of illegal immigration and 
trafficking. The UNHCR reported that the tripartite cooperation was 
generally effective; however, the Government on occasion delayed 
notification of UNHCR and NGO representatives, and individuals were 
occasionally returned to Ukraine before they are able to receive 
assistance.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and the law provide 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.

    Elections and Political Participation.--In June 2006 citizens voted 
six political parties into the National Council in free and fair 
elections. Three of the six parties then formed the governing 
coalition. While election observers reported instances of localized 
vote buying in Romani communities in the eastern part of the country, 
they noted that it had no impact on the final election results.
    Political parties operated without restriction or outside 
interference. A political party must receive at least 5 percent of the 
ballots cast to enter the National Council. In the 2006 elections, 
voters had the option to mark a preferential vote for an individual 
candidate on a political party list in addition to voting for a party.
    There were 29 women in the 150-seat National Council, 36 women on 
the 70-seat Supreme Court, and one woman in the 16-member cabinet.
    The law prohibits collecting information on ethnicity, and it was 
not possible to determine the number of members of minority groups in 
government. No member of the cabinet claimed minority status. The party 
of the Hungarian coalition held 20 seats in the National Council. Some 
ethnic Romani individuals and parties were successful at winning 
representation at the local level; however, Roma were consistently 
underrepresented in government service, and no Roma were in the 
National Council. The absence of a Romani political party was cited by 
some activists as a reason that the minority failed to gain any seats 
in the parliament, important government positions, or even the 
attention of mainstream Slovak parties.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however, the Government did not 
always implement the law effectively, and officials sometimes engaged 
in corrupt practices with impunity. Corruption was a problem, and cases 
of corruption were reported in the legislative and executive branches.
    NGOs reported several instances of corruption by high-ranking 
ministerial appointees. During the year a group of governing coalition 
parliamentarians, led by Movement for a Democratic Slovakia Party 
chairman Vladimir Meciar, campaigned for the dissolution of the special 
court. In February they delivered a motion to the Constitutional Court, 
arguing that the existence of the special court should be allowed only 
in wartime or other similarly extraordinary situations. The motion 
remained pending with the constitutional court at year's end.
    In January minister of defense Frantisek Kasicky resigned after the 
discovery that he authorized overpayment by as much as 10 times to 
public tenders for cleaning services and snow removal.
    In July minister of environment Jaroslav Izak resigned. Izak 
provided subsidies from the Environmental Fund to private individuals, 
which the prime minister stated violated the ethical principles of his 
government.
    In December Branislav Macaj, the head of the telecommunications 
regulatory agency, was fired by a parliamentary vote at the request of 
the minister of transportation, post, and telecommunications, Lubomir 
Vazny, for allegedly delaying adoption of digital television standards. 
Macaj subsequently charged that the digital television strategy favored 
by the coalition's leading party was unduly influenced by financial 
interests behind two domestic television networks. That strategy aimed 
to preserve existing market shares for broadcasters, whereas Macaj's 
plan was to admit more competition as a condition for broadcasters to 
participate in new market offerings.
    In September 2007 police began a criminal investigation of the NGO 
Privilegium on the grounds that it had failed to pay almost 2.5 million 
koruna (approximately $119,000) in payroll taxes associated with 
government contracts in recent years. The minister of labor and social 
affairs worked at Privilegium before joining the cabinet in 2006. The 
investigation remained ongoing at year's end.
    Government officials were subject to financial disclosure laws; 
however, the parliamentary committee that received such information did 
not have the authority to prohibit specific activities based on any 
identified conflict of interest.
    The MOI is responsible for developing the Government's overall 
strategy for combating corruption, with a specific focus on 
investigation and enforcement. The special court for corruption is 
responsible for most prosecution efforts. The general prosecutor, who 
is appointed by the parliament and independent of the executive and 
judicial branches, also plays a leading role in prosecuting corruption. 
The Office of the Slovak Republic, which answers to the prime minister, 
also plays a role in developing anticorruption legislation and 
regulations.
    The law provides public access to government information; however, 
NGOs cited a need for greater public awareness of the responsibility of 
government to provide information. A few local government offices 
denied information requests without justification or left them 
unanswered.
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 generally cooperative and responsive to their views, although NGOs 
reported that at times government officials seemed to view their 
activities with suspicion or mistrust.
    In February the Government withdrew a draft NGO law that sparked 
much public debate and generated significant press attention for its 
provisions that would effectively eliminate the legal basis for some 
watchdog organizations and curb the activities of international NGOs in 
the country.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and the law prohibit discrimination based on race, 
gender, disability, language, or social status; the Government 
effectively enforced these prohibitions in practice. However, violence 
against women and children, trafficking in persons, and discrimination 
against minority groups were problems. In April the antidiscrimination 
law was amended to include ``temporary balanced actions,'' or 
affirmative action. All government agencies are required to create 
special favorable conditions for groups who are victims of 
discrimination, including but not limited to employment, education, and 
vocational training.

    Women.--The law prohibits rape, including spousal rape. Although 
the Government enforced the law effectively, rape was a problem and was 
underreported. In 2007 there were 22 convictions for rape. Rape victims 
had access to shelters and counseling offered by NGOs and government-
funded programs.
    Domestic violence against women also continued to be a problem. The 
law prohibits domestic violence; however, it was widespread, and 
activists claimed that the Government did not enforce the law 
effectively. A joint study performed by the Ministry of Labor, Social 
Affairs, and Family (MLSAF) and the Public Policy Institute (IVO) 
concluded that one of every five Slovak women is a victim of domestic 
violence. In October the parliament passed a law providing police with 
greater tools to combat domestic violence; the law allows police to 
prohibit suspected offenders from re-entering the domicile where the 
victim resides for 48 hours after an incident is reported. In 2007 
there were 457 incidents of domestic violence reported and 246 persons 
convicted for it. The law provides stricter sentences for violence 
directed toward members of the same household and allows for continued 
criminal prosecution even when a spouse drops charges. Domestic 
violence is punishable by two to 12 years' imprisonment. Domestic 
violence often was underreported due to the social stigma associated 
with being a victim; crime statistics did not adequately reflect the 
extent of the problem. The minister of labor, social affairs, and 
family produced a widely viewed ``Stop Domestic Violence against 
Women'' public information campaign from November 2007 to May 2008 with 
the support of NGOs and the Council of Europe.
    Prostitution is legal, but related activities, such as operating 
brothels, knowingly spreading sexually transmitted diseases, or 
trafficking in women for the purpose of sexual exploitation, are 
prohibited. There was no reliable data on the extent of prostitution.
    The law does not prohibit sexual harassment, and there were no 
statistics available to measure the frequency or severity of the 
problem. Women and men are equal under the law, including family law, 
property law, and in the judicial system; however, discrimination 
against women remained a problem in practice. The equal opportunity 
office in the MLSAF worked in an advisory capacity to ensure the legal 
rights of women, and has a particular department responsible for gender 
equality and equal opportunities. Experts believed that reported wage 
differences were due to large numbers of women working in low-paid 
occupations, such as in education or social services. According to the 
Ministry of Labor, the wage gap is due to the high participation of 
women in low-paid professions such as healthcare, education, social 
work, and light industry and low participation of women in higher-paid 
management positions. 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 MLSAF and the Ministry of Education oversaw implementation 
of the Government's programs for children.
    While education is universal, free through the post-secondary 
level, and compulsory until the age of 16, Romani children exhibited a 
lower attendance rate than other Slovak children. Although Romani 
children comprised nearly 15 percent of the total number of children 
under the age of 16, they were disproportionately enrolled in 
``special'' schools for children with mental disabilities, despite 
diagnostic scores that were often within the normal range of 
intellectual capacity. In many ``special'' schools, the registered 
student body was nearly 100 percent Roma. Regular schools in the same 
communities had very few Romani students, especially at the secondary 
school level. A special school education did not provide Romani 
children the necessary knowledge on to higher education institutions, 
which also do not accept special school certificates as evidence that 
students meet entry criteria.
    In July Amnesty International (AI) released a report on school 
segregation in the town of Pavlovce Nad Uhom. AI found that 99.5 
percent of the pupils in the town's ``special'' school were Romani 
students, some of whom were previously functioning at an acceptable 
level in the mainstream elementary school prior to their transfer. AI 
also found that Romani parents were offered cultural and financial 
incentives (through the provision of motivational scholarships to high-
performing children at the special school, regardless of the presence 
of a mental handicap) to send their children to what was locally known 
as the ``gypsy'' school. Following AI's report the Government conducted 
an investigation of enrollment procedures at the special school and 
found that only 21 of the 57 new pupils admitted in 2007 had been 
properly assessed; 12 of the 57 students were transferred back to the 
mainstream school in February, a number that AI believed should have 
been much higher.
    An increasing number of NGOs, including the League of Human Rights 
Activists (LPR), trained Romani children from special primary schools 
to help them transfer to regular schools. As a result of the LPR 
program, 24 children in Trnava entered regular schools in the 2006-07 
school year, and 45 children entered regular schools in Zlate Klasy in 
the fall of 2007.
    Child abuse remained an underreported problem according to child 
advocates. The Government continues to increase training programs to 
reduce the instance of child abuse and implemented a publicity campaign 
to raise awareness of the issue. A number of children's foundations 
operated programs for abused and/or disabled children and the UN 
Children's Fund (UNICEF) continued to operate a hot line for children.
    In June 2007 the MOI, UNICEF, and corporate contributors announced 
a new program to search for lost or runaway children, estimated at 700 
nationwide, and to provide assistance to families of these children.
    Child prostitution is prohibited; however, according to the UN, it 
remained a problem in Romani settlements with the worst living 
conditions. Most of the perpetrators were other Roma.
    There were approximately 7,500 children in institutional care, the 
majority of whom were Roma. Most government orphanages were long-term 
care facilities rather than short-term residences. Activists claimed 
that orphans had difficulty integrating into society at age 18 and 
faced an increased risk of falling victim to trafficking.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that women and children were 
trafficked from, within, and through the country. Men were also 
trafficked for forced labor.
    The International Organization for Migration (IOM) estimated that 
between 150 and 200 persons were trafficked from or through the country 
during 2007, mainly for the purpose of commercial sexual exploitation. 
There were isolated reports that children were forced into 
prostitution. The IOM reported expanded usage of victims' assistance 
programs linked to increased awareness of these programs. Most of the 
victims trafficked through the country came from the former Soviet 
republics (particularly Moldova and Ukraine), the Balkan and Baltic 
countries, and China. According to a UN Office on Drugs and Crime 
(UNODC) study, from 1998 to 2007, an estimated 86,000 illegal migrants 
transited Slovakia. There were no foreign trafficking victims 
identified by law enforcement authorities during that same period. The 
MOI provided training in victim identification for national police and 
border guards during the year.
    Traffickers also recruited Slovaks. Victims were typically 
trafficked through the Czech Republic or Austria to Western and 
Northern Europe. Victims were typically between the ages of 18 and 25 
and from various social backgrounds, but particularly from areas with 
high unemployment. Some experts believed that Romani women and persons 
raised in state institutions were most vulnerable to being trafficked 
because of their socioeconomic situation and reduced freedom of 
mobility.
    Traffickers lured women with offers of employment, often relying on 
personal connections. Victims, frequently forced to work while 
transiting the country, were often placed as prostitutes or as exotic 
dancers in nightclubs. Such activity was concentrated on the border 
with Austria, close to Ukraine, and along trucking routes with a 
prevalence of nightclubs. Traffickers closely monitored victims, 
withheld their documents, and used violence to ensure their compliance. 
Some victims allegedly were threatened with violence or even death if 
they attempted to escape.
    By law traffickers may be sentenced to four to 10 years in prison. 
The sentence may be increased to as much as 25 years depending on 
complicating factors, for example, if a trafficking incident involves 
wrongful death.
    Police initiated investigations in 10 cases of trafficking during 
the year. Courts convicted and sentenced seven traffickers in 2007, 
none of whom were involved in child trafficking. Sentences were often 
mild or suspended.
    In February 2007 police uncovered a trafficking ring organized by 
Slovak and Slovenian citizens that recruited young Slovak women to work 
legally in Croatia, and then forced them to work as prostitutes in 
Slovenia. Four members of the organization were arrested and were in 
custody at year's end awaiting trial.
    The Government agencies responsible for combating trafficking 
include the national coordinator to combat trafficking in persons; the 
police antitrafficking unit; the ministries of interior, finance, 
justice, and education; the Prosecutor's Office; the border police; the 
equal opportunity office at the MLSAF; and the plenipotentiary for 
Romani communities. The Government developed a 2008-10 national action 
plan to combat trafficking in persons, which focuses on training for 
law enforcement and social workers, as well as victim's assistance.
    Police participated in international investigations on a limited 
basis. Slovenia, Austria, and Belgium made requests for extradition of 
perpetrators of trafficking in persons. One person was extradited to 
Slovenia in 2007 based on a European Union arrest warrant; the other 
cases were pending at year's end.
    During the year, the national coordinator cooperated with five NGOs 
(Dotyk Crisis Center, Prima, Caritas, IOM, and the Cultural Association 
of Roma) to identify and provide shelter and services to victims of 
trafficking. Dotyk reported that it housed and assisted eight victims 
through the Government's program during the year; IOM reported that it 
housed and assisted seven victims through the Government's program 
during the year. The Government also carried out a project with the 
UNODC in 2007 aimed at strengthening legislative, investigative, 
prosecutorial, and technical capabilities to combat trafficking and to 
provide protection and support to victims. The MOI carried out 
prevention programs for teachers, students, and mayors, with a 
particular focus on towns near the Ukrainian border. Although no formal 
screening or referral process was in place, the law required police to 
provide a list of assistance programs to suspected victims. NGOs 
reported increased cooperation and communication with police.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, or the provision of other state services, and persons with 
disabilities were able to vote and participate in civic affairs. In 
practice, however, experts reported that access to buildings and higher 
education remained a problem and that laws to provide assistance to 
students with disabilities were not implemented with regard to school 
facilities or educational materials. There were reports that persons 
with severe physical disabilities received less than the minimum wage 
in some instances.
    NGOs reported deficiencies in psychiatric care of patients with 
mental disorders and in mechanisms to monitor human rights violations 
against them. Psychiatric institutions and hospitals, which fall under 
the purview of the Ministry of Health, continued to use cage beds. The 
law prohibits both physical and nonphysical restraints in social care 
homes, managed by the MLSAF. Several NGOs conducted public education 
campaigns on mental illness and worked cooperatively with the Health 
Ministry.
    While the Government enacted legislation in 2007 requiring 
television stations to provide ``voiceover broadcasting'' for blind 
viewers, less than 30 percent of television programs provide such 
services. While the law defines mandatory standards for access to 
buildings, NGOs noted that they had not been fully implemented, 
although access to privately owned buildings improved more rapidly than 
access to state buildings.
    The Council for Citizens with Disabilities, chaired by the minister 
of labor, social affairs, and family, serves as a governmental advisory 
body regarding persons with disabilities.

    National/Racial/Ethnic Minorities.--Discrimination against Roma and 
individuals of non-European ethnicity was common. Roma are the second 
largest ethnic minority with a population of 90,000 according to the 
2001 census. Experts estimated that the Romani population was actually 
between 350,000 and 400,000. The discrepancy was attributed to Roma 
identifying themselves as Hungarians or Slovaks.
    Racially motivated attacks on minorities, Roma and otherwise, were 
reported widely throughout the year, but investigation of attacks and 
law enforcement varied by jurisdiction. Of the cases brought to trial 
during 2007, one case of racially motivated murder resulted in 
conviction; seven of the eight cases of racially motivated assault that 
involving in serious injury resulted in convictions, 22 of 33 cases of 
violence against a racial or ethnic group resulted in convictions; and 
11 of 17 cases of ``violent threatening'' resulted in convictions.
    Roma were particularly singled out for violence, and police 
detained numerous individuals for attacks against Roma motivated by 
racial hatred. There were also reports that police mistreated Roma. 
Skinhead and neo-Nazi violence against Roma and other minorities 
continued to be a serious problem. The League of Human Rights Activists 
(LPR) reported that, although police were increasingly responsive in 
their efforts to monitor and control the skinhead movement, the problem 
persisted. The LPR also reported receiving e-mail and telephone threats 
from skinheads.
    Several non-Romani minorities as well as foreigners were also 
victims of racially motivated attacks.
    In April two individuals attacked an African-American basketball 
player in Kosice. In response, she cancelled her contract with the 
Kosice sport club and left the country. In August the Kosice 
Prosecutor's Office filed a case against one of the perpetrators and 
bargained a sentence with the other perpetrator. The court sentenced 
the latter to a two-year suspended sentence and three years' probation.
    In April a visiting British doctor of African descent was attacked 
by a 24-year-old male who shouted racial slurs during the attack. In 
November the Bratislava dDstrict Court found the attacker guilty of 
disorderly conduct and defamation of nationality and race and sentenced 
him to a one-year suspended sentence.
    In September the District Court in Kosice sentenced a 17-year-old 
boy to five years in prison for the killing of a 14-year-old Romani 
boy. The perpetrator repeatedly hit the victim in the head with an axe, 
continuing after the victim fell down, and left the victim's body near 
a local creek.
    In March 2007 the LPR received reports of attacks on Nigerian, 
Mexican, and Vietnamese citizens. Several skinheads attacked the 
Nigerian citizen, a resident married to a Slovak woman, in Bratislava. 
After visiting the scene of the alleged crime with police, the victim 
went to the police station to file a complaint and was himself charged 
with assault and detained. The case was pending trial at year's end, 
with the LPR representing the Nigerian citizen.
    The alleged 2006 attack on ethnic Hungarian university student 
Hedviga Malinova in Nitra continued to draw media attention during the 
year, sparking public debate on the Government's handling of the case. 
Two young men allegedly physically assaulted Malinova after hearing her 
speak Hungarian. The district prosecutor discontinued the investigation 
after two weeks, concluding that Malinova had lied. The minister of 
interior and other officials publicly supported the decision. 
Journalists and human rights advocates criticized the decision, 
charging that a cover-up had taken place. Malinova's multiple appeals 
to the Constitutional Court were rejected, and in May 2007 the Nitra 
police formally charged Malinova with perjury. In September 2007 the 
prosecutor reopened the case with new investigative and prosecutorial 
teams at year's end. In October the Prosecutor's Office asked that 
Malinova submit to a lie detector test, which her lawyers refused to 
allow in Slovakia. The case remained pending at year's end. Malinova's 
case against the Government for ``inhuman and humiliating treatment'' 
also remained pending at the ECHR.
    Police continued to investigate the 2006 case of three masked 
attackers who broke into a Romani family's home in Sered and beat the 
occupants.
    The Slovak National Center for Human Rights reported receiving 760 
complaints of discrimination from January to August. In approximately 
80 percent of the cases, claims involved labor-related discrimination, 
especially in regard to hiring processes. Other discrimination 
complaints concerned the provision of goods and services, social and 
health care, and education. One NGO criticized the length of time it 
took for the center to issue required legal opinions on claims of 
discrimination.
    Widespread discrimination against Roma continued in employment, 
education, health services, housing, and loan practices. Activists 
frequently alleged that employers refused to hire Roma, whose 
unemployment rate exceeded 95 percent in many settlements.
    Local authorities and groups forced evictions of Romani inhabitants 
or blocked construction permits or the purchase of land. Many Romani 
settlements lacked formal infrastructure, access to clean water, and 
proper sewage systems. In September 2007 the city of Nove Zamky sold a 
building occupied primarily by Romani tenants, many of whom were in 
default on rent payments, to a private owner, who announced he would 
tear down the building as a condition of the sale. The owner evicted 
and moved 40 Romani families to housing without basic services, mostly 
in surrounding villages that lacked efficient transportation to the 
city. The case attracted the attention of the deputy prime minister, 
who labeled racism as a factor, saying the cases reminded him of World 
War II relocations. Similar, less-publicized cases were reported in 
other towns throughout the year, including Tornala, Kosice, and 
Kezmarok.
    The law prohibits defamation of nationalities in public discourse; 
however, this law was enforced only when other offenses, such as 
assault or destruction of property, were also committed. There were 
instances of public officials at every level defaming minorities and 
making derogatory comments about Roma. Inflammatory speech by 
government officials also raised tensions between ethnic Hungarians and 
ethnic Slovaks, especially since 2006.
    At a soccer match in Dunajska Streda on November 1, authorities 
used force to expel rowdy Hungarian fans from the stadium, which 
triggered a demonstration by Hungarians at the Slovak Embassy in 
Budapest.
    On November 8, members of the Hungarian Guard dressed in Nazi-era 
uniforms crossed the border to lay wreaths at two war memorials, and 
were subsequently arrested by Slovak police. Hungarian Jobbik party 
members attempted to block the border crossing outside Bratislava on 
November 10. Slovak Prime Minister Fico and Hungarian Prime Minister 
Gyurcsany met on November 15 in an effort to reduce bilateral tensions.
    Extreme right, nationalist, and neo-Nazi groups such as Slovenska 
Pospolitost (Slovak Community) and Narodny Odpor (National Resistance) 
continued to hold events designed to intimidate minority groups. 
Dressed in uniforms similar to those of the Hlinka Guards (the fascist 
wartime militia), the groups' members held marches and rallies to 
commemorate the wartime fascist state and to spread messages of 
intolerance against ethnic and religious minorities. In November the 
MOI withdrew Slovenska Pospolitost's registration as a citizen's 
organization. Pospolitost demanded an official explanation of the 
ministry's decision, claiming that the organization did not do anything 
illegal.
    Anecdotal reports of increased sales of neo-Nazi and white 
supremacist materials continued. In September 2007 police arrested the 
owners of a Bratislava clothing store for selling Nazi apparel and 
educational materials. The trial remained pending at year's end.
    The 2006 cases of racially motivated speech and incitement to 
violence by the leaders of the white supremacist World Church of the 
Creator and the National Alliance organizations and the 2006 Banska 
Bystrica case in which three men held banners with ``Death to 
Hungarians'' at a soccer match continued to await trial.
    The Government continued to make efforts to address violence and 
discrimination against Roma and other minorities, although some critics 
worried that judges lacked sufficient training in the relevant laws. 
The Government continued to implement its action plan against 
xenophobia and intolerance, which included a special police unit to 
monitor extremist activities. A commission consisting of NGOs, police, 
and government officials advised the police on minority issues.
    In January Anina Botosova, the plenipotentiary for Roma affairs, 
announced the updated national minority strategy, which incorporated a 
wide range of education, employment, housing, and social integration 
policy recommendations from the Roma advocacy community. Under an 
agreement between the Government and the European Union (EU), the 
country must commit a minimum of 8 billion koruna (approximately $381 
million) of the funds it receives from the EU to projects that 
specifically address the needs of the Romani community.
    The plenipotentiary maintained five regional offices to supervise 
the implementation of governmental policy on Romani issues, support 
infrastructure development, and cooperate with municipalities and 
villages to improve interaction between Roma and non Roma. Although the 
EU gave the plenipotentiary's office funds to hire 35 new staff 
members, NGO representatives believe the office remained insufficiently 
staffed and unable to actively engage with the NGO community on a 
regular basis. The MLSAF assigned specially trained social workers to 
Romani settlements to assist with government paperwork and to advocate 
the importance of education and preventative health care. The Ministry 
of Health continued to train Romani-speaking health care assistants to 
improve the community's access to health services.
    During the year the Government allocated 9.5 million koruna 
(approximately $452,380) for a national antidiscrimination plan. The 
Office of Deputy Prime Minister for Human Rights served as the 
secretariat for the Council of National Minorities and the Government 
Council for NGOs.

    Other Societal Abuses and Discrimination.--There were no reports of 
violence based on sexual orientation but, according to gay rights 
advocates, prejudice and discrimination persisted.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form and join independent unions of their choice except in the armed 
forces, and workers exercised this right in practice. Labor unions 
estimated that 17 percent of the work force was unionized; business 
associations believed the actual figure was less than 10 percent. The 
law provides unions the right to strike with advance notice 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. The law 
prohibits dismissing workers legally participating in strikes; however, 
strikers are not ensured protection if a strike is considered illegal 
or unofficial. Civil servants in essential services and members of the 
military may not strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for unions to conduct their activities without interference, 
and the Government generally protected this right in practice. The law 
provides for the right to organize and bargain collectively, and 
workers exercised these rights 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 law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that women and children were trafficked for commercial sexual 
exploitation. According to IOM reports, eight men were victims of 
forced labor.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law provides for the protection of children from exploitation in the 
workplace; however, there were some reports that children were 
exploited and that Romani children in some settlements were exploited 
for commercial sex. NGOs reported that most victims, including children 
with disabilities, were exploited by family members or other Roma.
    The minimum age for employment is 15, although children under 15 
may perform light work in cultural or artistic performances, sports 
events, or advertising activities if it does not affect their health, 
safety, or schooling. The National Labor Inspectorate and Public Health 
Office must approve, determine the maximum hours for, and set 
conditions for child labor under age 15. Children under age 16 may not 
work more than 30 hours per week, and children ages 16 to 17 are 
limited to 37.5 hours per week. Children under age 18 are not allowed 
to work underground, work overtime, or perform work that is 
inappropriate for their age or health.
    District inspection units received and investigated child labor 
complaints. If a unit determined that a child labor law or regulation 
had been broken, it turned the case over to the national inspection 
unit of the MLSAF. Enforcement was consistent across all communities.
    Child labor, in the form of begging, was a problem in some 
communities; there were also isolated reports of children forced into 
prostitution, often by family members.

    e. Acceptable Conditions of Work.--In September President 
Gasparovic signed an amended Act on the Minimum Wage, which was the 
result of negotiations between the Ministry of Labor, unions, and 
employer associations. The amended act increases the minimum wage from 
8,100 koruna (approximately $385) to 8,900 koruna ($423) as of January 
1, 2009. The minimum wage provided a decent standard of living for a 
worker and family in rural areas of the country, but not in urban 
areas. The amended act increases the Government's role in the minimum 
wage negotiations and decreases the role of ``social partners'' (the 
Ministry of Labor, unions, and employers) in the event these do not 
reach compromise on the exact amount of the minimum wage.
    The law mandates a maximum workweek of 48 hours including overtime, 
with 30-minute breaks after six hours of work or after four hours for 
employees younger than 18, and rest periods of at least 12 hours 
between shifts. Trade unions, local employment offices, and the MLSAF 
monitored observance of these laws, and authorities effectively 
enforced them.
    The law establishes health and safety standards that the office of 
labor safety generally enforced. Workers 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 be paid ``relaxation'' leave in addition 
to their standard leave.

                               __________

                                SLOVENIA

    Slovenia is a parliamentary democracy and constitutional republic 
of approximately two million persons. 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 
September 21, the country held free and fair multiparty parliamentary 
elections. Civilian authorities generally maintained effective control 
of the security forces.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There were 
reports of trial delays, indirect government influence on the media, 
and cursory procedures for review of asylum applications. Societal 
violence against women, trafficking in women and girls, discrimination 
against Roma, violence against homosexuals, and discrimination against 
former Yugoslav residents without legal status were also problems.
    On February 15, legislation took effect which provides victims of 
domestic violence with specific rights and improves the procedures for 
government agencies that deal with domestic violence cases.

                        RESPECT FOR 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 arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices and, in 
contrast with 2007, there were no reports that government officials 
employed them.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers. In February the Council 
of Europe's Committee for the Prevention of Torture (CPT) publicly 
released its report on its 2006 visits to the country's prisons and 
detention facilities. The delegation heard a few allegations of 
physical mistreatment, including slaps, kicks, punches and truncheon 
blows. Some detained persons alleged that they received threats 
(including of a sexual character), excessive psychological pressure, 
and verbal abuse during interrogations. There were several allegations 
of detained persons being placed in a cell for several hours in a 
hyperextended position with hand and ankle cuffs linked together behind 
the back), apparently to ``calm them down.'' The report concluded that 
juvenile detainees were not properly informed of their rights during 
police custody; the CPT also reported that overcrowding continues to be 
a problem in some prison facilities.
    During the year the Government initiated quarterly visits to 
facilities by representatives of the human rights ombudsman's office 
and nongovernmental organizations (NGOs). After each visit, the group 
provided recommendations to the facility on how to improve conditions 
and prevent problems, and then followed up on the recommendations with 
the facility's administrators to verify implementation.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Police are centrally 
organized under the supervision of the Ministry of Interior. The 
ministry 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 police provided effective law enforcement.
    During the year the Independent Commission for the Prevention of 
Corruption referred 28 credible reports of police corruption or 
corruption-related criminal acts to police and the state prosecutor for 
further investigation. There were no reports of prosecutorial 
corruption.
    The law provides procedures for the review of alleged police abuse 
by a three-person government committee that includes two 
representatives of civil society organizations. The committee does not 
have authority to conduct independent investigations, and it relied on 
information provided by Ministry of Interior or police investigators. 
Committee findings were usually forwarded to the state prosecutor's 
office and published; cooperation between the committee and the state 
prosecutor's office reportedly increased during the year.
    During the year the police internal investigation division, which 
began operations in November 2007, investigated 201 allegations of 
misconduct by police, prosecutors, and judges.

    Arrest and Detention.--Persons taken into police custody were 
generally apprehended openly with evidential warrants issued by either 
a prosecutor or judge. Persons can be detained for 48 hours before 
charges are brought. Authorities must also advise detainees in writing 
within 48 hours of the reasons for their arrest. Upon arrest, detainees 
have the right to contact legal counsel of their choice, and 
authorities generally respected this right in practice. The Government 
provides indigent detainees with free counsel, and detainees were 
generally allowed prompt access to family members. The law also 
provides safeguards against self-incrimination.
    Once charges are brought, pretrial detention may last for up to 
four months, depending on the severity of the criminal act, and must be 
certified by an investigative judge. Once trial procedures have begun, 
the total period of detention may be extended for up to two years. 
Persons detained more than two years while awaiting trial or while 
their trial is ongoing must be released pending conclusion of their 
trial. Lengthy pretrial detention was not a widespread problem, and 
defendants generally were released on bail, except in the most serious 
criminal cases.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
judicial independence in practice. Despite a law that took effect in 
January 2007 providing the right to a trial without undue delay, court 
backlogs continued to sometimes result in lengthy delays in trials. As 
of September 30, the backlog totaled 275,627 cases, and the ministry 
hired 155 judges and clerks during the year to cope with the backlog.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right. The judicial system was overburdened and lacked administrative 
support; as a result, the judicial process frequently was protracted. 
In many cases, criminal trials lasted from two to five years.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution and law 
provide for an independent and impartial judiciary in civil matters. As 
with criminal matters, court backlogs sometimes resulted in lengthy 
trials.

    Property Restitution.--As of June 30, the Government had resolved 
38,584 or 97.3 percent, of the 39,642 property restitution claims that 
have been filed with authorities. Unresolved cases included those in 
which the courts had not reached a final decision and those pending 
appeal. Court backlogs, a lack of trained judicial and administrative 
personnel, amendments to the Denationalization Act, and inadequate land 
ownership records slowed claims processing. Some claimants have 
complained of a general lack of transparency, bias, and potential 
conflicts of interest on the part of adjudicators, and procedures that 
were inconsistent with the law. An effort to initiate a program for the 
restitution of Jewish communal property has encountered a number of 
delays.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and 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 and law provide 
for freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, there were reports of 
indirect government influence on the media.
    The penal code criminalizes the promotion of ``national, race, or 
religious discord or intolerance or the promotion of superiority of one 
race over others.'' There were no reports that criminal charges were 
brought against individuals or publications under this provision during 
the year.
    Individuals could criticize the Government publicly or privately 
without reprisal, and the Government did not attempt to impede 
criticism.
    The independent media were active and expressed a variety of views, 
and international media operated freely. The major print media were 
supported through private investment and advertising; however, the 
Government owned substantial stock in many companies that were 
shareholders in the major media houses. There were reports that 
indirect political and economic pressures and partial government 
ownership of media companies influenced journalists and the media, and 
that self-censorship was practiced in some media outlets. The office of 
the Government's human rights ombudsman stated that these indirect 
attempts by government to control media failed with respect to print 
media, but did slightly influence broadcast media. Following a March 
19-20 visit to the country, the International Press Institute released 
a report highlighting concerns about media ownership structures, the 
lack of government-media dialogue, and the delay in creating an 
independent media commission. At year's end, the Government had not 
established a commission.
    The Government operated a ``media pluralization'' fund intended to 
ensure that media reflected a diversity of viewpoints. Some media 
watchdog groups reported that a disproportionate level of pluralization 
funds have gone to Catholic Church media and media outlets favorably 
disposed towards the Government.
    The law provides criminal penalties for defamation that harms a 
person's honor or name; there were no reports of any prosecutions for 
defamation during the year.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e-mail. 
Internet access was widely available, and nearly one-half of citizens 
used the Internet at least once a month.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--The constitution 
and law provide 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.
    While there are no governmental restrictions on the Muslim 
community's freedom of worship, services were commonly held in private 
homes for lack of a larger venue. On June 30, the Ljubljana city 
council adopted a zoning plan for the country's first mosque, and the 
Islamic community's representative and Ljubljana's mayor signed the 
contract for purchase of the land on December 24. At year's end, 
construction had not begun.
    In July 2007 the Justice Minister, who was the chair of the 
Government Commission for Religious Communities, and Mufti Nedzad 
Grabus signed an agreement that acknowledged the Muslim community as an 
integral part of society, more clearly defined the areas of its 
activities, and facilitated the implementation of its programs. It also 
gave the Muslim community the right to establish its own media and 
educational institutions, to preserve historical and cultural heritage, 
to conduct religious services in hospitals and for army and police 
forces, and placed Muslim charities on equal footing with other 
charities. Negotiations on implementing the agreement were ongoing at 
year's end.

    Societal Abuses and Discrimination.--There are approximately 300 
Jews in the country. Jewish community representatives reported some 
prejudice, ignorance, and false stereotypes of Jews propagated within 
society, largely through public discourse. There were no reports of 
anti-Semitic violence or overt discrimination.
    The Government promoted antibias and tolerance education in the 
primary and secondary schools, and the Holocaust is a mandatory topic 
in the contemporary history curriculum. On September 7, the Jewish 
community, supported by local government officials, held the third 
annual European Day of Jewish Culture festival. President Turk was the 
honorary patron for the celebrations held in Ljubljana, Maribor, and 
Lendava.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and law provide for 
freedom of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to internally displaced persons, 
refugees, returning refugees, asylum seekers, stateless persons, and 
other persons of concern. The law prohibits forced exile, and the 
Government did not employ it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The country adheres to the European Union's Asylum Policy 
Directive/Treaty of Amsterdam requirements. In practice, the Government 
provided some protection against expulsion or return of refugees to 
countries where their lives or freedom would be threatened. As of 
September 1, the Government had received 146 requests for refugee 
status or asylum and granted asylum in two cases.
    During the year the Government did not provide temporary protection 
to persons who may not have qualified as refugees under the 1951 
convention or the 1967 protocol.
    The Government cooperated with the UNHCR and other humanitarian 
organizations in providing protection and assistance to refugees and 
asylum seekers.
    Border police can perform an initial screen of asylum seekers and 
reject applications they deem to be ``manifestly unfounded.'' This 
procedure could prevent the applications of some asylum seekers from 
receiving a thorough review. In 2006 the Constitutional Court ruled 
that asylum seekers should be allowed to change their asylum 
application if there were considerable changes in their circumstances; 
however, at year's end, this ruling had not been implemented.
    The law provides asylum seekers with the right to appeal decisions 
on their applications, but many asylum seekers were not informed of 
this right. The independent ombudsman for human rights, the UNHCR, and 
several NGOs reported that the Government put excessive restrictions on 
refugees' freedom of movement by requiring asylum seekers to sign a 
statement renouncing their claim to asylum if they left the premises of 
the asylum center. The Government received some complaints about living 
conditions, but few complaints about the asylum process itself.
    The country's law is intended to comply with European Union asylum 
directives. However, Amnesty International (AI) expressed concern that 
the law provides for accelerated asylum procedures with few safeguards, 
and that its exclusion clauses and broad detention powers could lower 
the country's asylum standards.

    Stateless Persons.--Human rights NGOs estimated that there are 
approximately 4,000 to 6,000 persons without legal status in the 
country as the result of the Government's 1992 erasure of the names of 
approximately 18,000 persons from the register of permanent residents. 
These persons were mostly Yugoslav citizens residing in the country at 
the time of independence who did not apply for citizenship in 1991-92. 
The deletion of these records has been characterized by some as an 
administrative decision and by others as a politically motivated act, 
based on a desire to exclude former Yugoslav nationals who did not 
actively seek Slovenian citizenship. Some of those affected complained 
that they had been legal residents at the time of the deletions and 
therefore saw no need to apply for citizenship. Others stated that they 
were not properly informed of the requirement to apply for citizenship. 
The deletion of records resulted in a loss of legal status and, as a 
consequence, the loss of housing, employment, health insurance, pension 
rights, and access to higher education for some.
    In 2003 the Constitutional Court ruled portions of a law governing 
the legal status of former Yugoslav citizens to be unconstitutional 
because the law neither recognized the full period in which ``erased'' 
persons resided in the country nor provided them the opportunity to 
apply for permanent residency. As of year's end, the Government had not 
completed legislation to resolve the court's concerns.
    In 2006 a group of 11 ``erased'' persons filed a complaint with the 
European Court of Human Rights claiming several violations of their 
rights, including discriminatory treatment, denial of social benefits, 
a loss of legal status, and the lack of effective legal remedy due to 
the Government's failure to implement the constitutional court ruling. 
The case was still pending at year's end. In a 2006 report, the UN 
Committee on Economic, Social, and Cultural Rights urged the Government 
to restore the status of permanent resident to all individuals 
concerned to allow them to reclaim access to social services, 
education, and employment. In March local NGOs organized a four-day 
protest, criticizing the Government for failing to rectify the plight 
of the ``erased'' persons.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and law provide citizens 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 and Political Participation.--On September 21, the 
country held free and fair national parliamentary elections.
    Political parties operated without restriction or outside 
interference.
    There were 12 women in the 90-seat National Assembly and one woman 
in the 40-seat National Council. There were five women in the 18 member 
cabinet.
    There were two members of minority groups in the 90-seat National 
Assembly and none in the 40-seat National Council or in the cabinet. 
The constitution provides the ``autochthonous'' (indigenous) Italian 
and Hungarian minorities the right, as a community, to have at least 
one representative in the National Assembly. However, the law does not 
provide such rights to any other minority group.
    Twenty distinct Romani communities, each designated autochthonous 
at the local level, are entitled to a seat on their local municipal 
council. As of year's end, one municipality-Grosuplje-remained in 
noncompliance with this law for a third straight year. Although in 2007 
and 2008 both the Government Office for Nationalities and the Romani 
community submitted proposals to freeze the municipality's budget until 
it complied with the law, the Government did not take any action on the 
proposals before year's end.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively; however, officials sometimes 
engaged in corrupt practices.
    Corruption was perceived by the public to be a widespread problem. 
Only the highest-level government officials-approximately 5,000 of the 
country's 80,000 public servants-are subject to financial disclosure 
laws. As of September 1, the Independent Commission for the Prevention 
of Corruption received 661 cases of suspected corruption and found 116 
out of the 465 cases that were assessed during the year to be credible. 
The remaining cases were not assessed by year's end.
    The commission played an active role in educating the public and 
civil servants about corruption; however, it claimed it had neither 
adequate staff nor funding to fulfill its mandate and assess all cases 
of suspected corruption that it received during the year. In 2006 the 
Constitutional Court stayed legislation that would have terminated the 
commission and replaced it with a parliamentary anticorruption 
commission. During the year the commission forwarded 143 suspected 
cases of corruption to police and prosecutors and 65 cases to other 
state institutions, including cases received in 2007 but not processed 
until the next year.
    The law provides for free public access to all government 
information, and the Government provided access for citizens and 
noncitizens alike, including foreign media. The Government may deny 
public access only to classified information, personal data protected 
by privacy laws, and other narrowly defined exceptions.
    The office of the Government information commissioner reported that 
the number of complaints related to the nonresponsiveness of state 
institutions declined. During the year the office received 258 
complaints of nonresponsiveness of state institutions and 167 
complaints under the Law on Access to Public Information.
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, although some 
human rights groups complained of lengthy delays in government 
responses.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution and law prohibit discrimination based on race, 
gender, disability, language, or social status, and the Government 
generally enforced these provisions in practice. However, violence 
against women and children, trafficking in persons, and discrimination 
against homosexuals and Roma were problems.

    Women.--Rape, including spousal rape, is illegal; however, it was a 
problem. In 2007, AI and SOS Phone, an NGO that provided anonymous 
emergency counseling and services to domestic violence victims, 
estimated that one in seven women was raped during her lifetime, but 
that only 5 percent sought assistance or counseling. Spousal rape, in 
particular, was rarely reported to authorities. Police actively 
investigated reports of rape and prosecuted offenders. The penalty for 
rape was one to 10 years in prison. During the year there were 62 
criminal acts of rape, 60 criminal acts of sexual violence, 19 criminal 
acts of sexual abuse of the weak, and 178 criminal acts of sexual 
attack on a minor under the age of 15 reported to authorities.
    Although no accurate statistics were available, violence against 
women, including spousal abuse, occurred and was generally 
underreported. The Office for Equal Opportunity began funding a 
multiyear research project to gather domestic violence data. Domestic 
violence, although not specifically prohibited by the law, was 
prosecuted under statutes criminalizing assault, which provide for 
penalties of up to 10 years' imprisonment in the case of aggravated and 
grievous bodily harm. SOS Phone estimated that 25 percent of women had 
experienced domestic violence. The NGOs SOS Phone and Kljuc provided 
support hot lines, and SOS Phone reported receiving 5,287 calls during 
the year. The Government partially funded 19 shelters, safe houses, and 
maternity homes (12 run by NGOs and seven by government organizations) 
that offered 305 total beds. Although the Government's report on 
funding did not distinguish between the types of facilities, SOS Phone 
reported that only 11 of the 19 shelters are specifically for battered 
women and children and the total number of beds in these shelters is 
182. The other eight facilities-maternity homes or social work centers-
were for more general assistance, with staff that were not all trained 
to work with victims of violence, and did not always accept victims. 
The Government worked with NGOs to implement the law with regard to 
handling domestic violence cases, including providing shelters and 
social work centers. When police received reports of spousal abuse or 
violence, they generally intervened and prosecuted offenders. The 
police academy offered training on domestic violence.
    Prostitution is illegal, but the Government did not actively 
enforce this prohibition. Antitrafficking authorities and NGOs 
informally estimated that as many as 80 bars and clubs across the 
country could be engaged in facilitating or promoting prostitution.
    Sexual harassment remained a widespread problem. The amended penal 
code, effective November 1, expanded the prohibition on sexual 
harassment to cover the entire workforce and not just the civil 
service. During the year, 31 criminal acts were reported.
    The law provides for equal rights for women, and there is no 
official discrimination against women in family law, property law, or 
the judicial system. The Office of Equal Opportunities protected the 
legal rights of women. While the average length of unemployment was the 
same for men and women, women frequently held lower paying jobs. On 
average, women's earnings were 93 percent of those of men.

    Children.--The Government was committed to protecting children's 
rights and welfare.
    While education for children is compulsory through grade nine, a 
2006 AI report noted that school attendance by Romani children varied 
widely by region (39 percent of Romani children attend school in the 
southeastern Dolenjska region and 70 percent attend school in the 
northeastern Prekmurje region). Poverty, discrimination, and language 
continued to be the main barriers to the participation of Romani 
children in education programs. AI reported that the Romani literacy 
rate was 10 percent. A number of Roma reported that their children 
attended segregated classes and were selected by authorities in 
disproportionate numbers to attend classes for students with special 
needs. A 2006 report by the Council of Europe commissioner for human 
rights noted that de facto segregation continued to exist in the 
Brsljin school district in Novo Mesto. For the 2007-08 academic year, 
the Government hired five additional teachers for the Brsljin schools 
to work specifically on helping Romani children reach basic standards 
in Slovene, mathematics, and English.
    During the year the Government completed a bilingual primary school 
curriculum. The Government continued funding efforts to codify the 
Romani language, but the Roma Association did not accept the 
codification due to linguistic differences between the two major Romani 
groups (in Dolenjska and Prekmurje). The Ministry of Education signed 
an agreement with the European Social Fund to provide six years of 
funding to hire 26 Romani educators to work with teachers and parents. 
Prior to this agreement, Romani assistants worked in some schools, but 
many schools could not hire Romani coordinators due to administrative 
impediments.
    Child abuse was a problem. During the year there were 178 criminal 
acts of sexual abuse of a child under the age of 15 reported to 
authorities. Trafficking in children, mainly teenage girls transiting 
the country, was a problem. The law provides special protection for 
children from exploitation and mistreatment, and the Government 
generally enforced the law in practice. The amended penal code, 
effective November 1, criminalizes the possession of child pornography, 
in addition to the sale, purchase, or propagation of it prohibited by 
the previous statute.
    The Center for Social Work Grosuplje, the Ministry of Labor, 
Family, and Social Affairs, and the retail company Mercator operated 
the ``Palcica'' safe house, which provided shelter for children up to 
the age of six who were victims of domestic violence or whose parents 
had died suddenly.
    Child marriage occurred within the Romani community; however, it 
was not a widespread problem.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, the country continued to be a transit country and, 
to a lesser extent, a destination country for men, primarily for labor 
exploitation, and women trafficked for commercial sexual exploitation. 
Trafficking in children, mainly teenage girls transiting the country, 
was a problem. There were also rare reports that it was a country of 
origin for trafficking.
    Sources for persons trafficked to or through the country included 
Ukraine, Slovakia, Romania, Moldova, Bulgaria, Colombia, the Dominican 
Republic, Turkey, Albania, and Montenegro. A 2006 Peace Institute study 
reported that, although the majority of trafficking victims were 
transiting from southern, eastern, and central Europe through the 
country, it was a source country for trafficking to countries such as 
Italy, Spain, the Netherlands, and Germany. The study reported that 
victims were trafficked primarily for sexual exploitation and that 
traffickers lured victims through advertisements promising high wages, 
marriage, employment as entertainers and dancers, and employment 
without indication that it would involve the sex industry. Organized 
criminal groups, nightclub owners, and local pimps were primarily 
responsible for trafficking. Those at particular risk of being 
trafficked were teenage girls and young women who lived in impoverished 
areas with high unemployment. Many of these women were unaware of the 
trafficking problem and the risk that they might become trafficking 
victims.
    Penalties for trafficking range from six months to 10 years' 
imprisonment. Authorities can also prosecute persons for rape, pimping, 
procurement of sexual acts, inducement to prostitution, sexual assault, 
slavery, and other related offenses.
    The Government apprehended, investigated, and prosecuted 
traffickers; police investigated nine instances of human trafficking 
and seven instances of forced prostitution. During the year there were 
nine criminal acts of trafficking reported to authorities. There were 
no trafficking convictions during the year for crimes committed in 
previous years. Regional police directorates had departments that 
investigated trafficking and organized crime. One prosecutor in each 
regional state prosecutor's office was dedicated to trafficking cases.
    During the year the Government continued to actively cooperate with 
NGOs and Interpol in project ``Red Routes'' by sharing information 
about traffickers and patterns of illegal migration. The Ministry of 
Interior Border Police Division also actively participated in Plan 
ILAEIRA, a Greek-led international trans-border police cooperation 
project to combat trafficking. The Government did not extradite any 
persons who were accused of trafficking in other countries.
    The Government's national coordinator for trafficking in persons 
served as the head of the interagency working group on trafficking in 
persons, which is responsible for the Government's long-term national 
strategy to combat trafficking. The working group consisted of 
representatives of ministries, NGOs, international organizations, and 
the media, and met more than six times during the year. In 2007 the 
group established a 2008-09 action plan against trafficking that 
included trafficking legislation, prevention, prosecution, victims' 
assistance, and projects. During the year the Ministry of Interior 
funded public awareness campaigns conducted by the NGOs Karitas and 
Kljuc that targeted groups most vulnerable to trafficking. The national 
coordinator did radio interviews and appeared on television talk shows 
to highlight the problem. In October the working group facilitated 
programs in high schools throughout the country in connection with 
European Antitrafficking Day.
    Karitas and Kljuc provided shelter and assistance to trafficking 
victims under a contract with the Ministry of Labor.
    The Ministry of Interior, the UNHCR, Kljuc, and the NGO Filantropia 
jointly administered a project that addressed trafficking and gender 
based violence by providing information and assistance to asylum 
seekers at greatest risk of being trafficked, particularly single women 
and children separated from their parents.
    The Government also continued the ``Vijolica'' and ``CAP'' 
programs, administered by Kljuc, to provide trafficking awareness 
classes for elementary and secondary school students.
    The State Department's Trafficking in Persons Report can be found 
at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with physical and mental disabilities in employment, 
education, access to health care, or the provision of other government 
services, and the Government generally enforced these provisions in 
practice. The law mandates access to buildings for persons with 
disabilities. Modification of public and private structures to improve 
access for persons with disabilities continued at a slow pace, and many 
buildings were not accessible in practice. The Ministry for Labor, 
Family, and Social Affairs has primary responsibility for protecting 
the rights of persons with disabilities.

    National/Racial/Ethnic Minorities.--The law provides special rights 
and protections to ``autochthonous'' (indigenous) 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. Other minorities do not have comparable 
special rights and protections.
    Ethnic Serbs, Croats, Bosnians, Kosovo Albanians, and Roma from 
Kosovo and Albania were considered ``new'' minorities; they were not 
protected by the special constitutional provisions for autochthonous 
minorities and faced some governmental and societal discrimination with 
respect to employment, housing, and education. A 2006 AI report noted 
that Roma continue to suffer prejudice and discrimination, in 
particular with access to health services, education, and employment.
    A 2006 law on protection of the Romani community resulted in the 
establishment of the Roma Council and the legalization of nearly 40 
Romani settlements. After complaints from the Romani community and 
NGOs, the Government updated the national employment register to 
include the employment advisor positions that the 2006 law had created. 
During the year these advisors began working in local employment 
offices to facilitate Roma employment.
    In a 2006 report the UN Committee on Economic, Social, and Cultural 
Rights expressed concern that discriminatory attitudes and practices 
against Roma persisted and that the distinction between ``indigenous'' 
Roma and ``new'' Roma could give rise to new discrimination. The report 
also cited the committee's concern that ``nonindigenous'' Roma do not 
enjoy protection of their cultural rights, such as education in their 
mother tongue, unlike members of Hungarian and Italian minorities who 
enjoy this right under bilateral international agreements.
    Many Roma lived in settlements, apart from other communities, that 
lacked such basic utilities as electricity, running water, and 
sanitation, as well as access to transportation. According to Roma 
Association officials, 68 percent of Romani settlements were illegal, 
and Roma reported that discrimination in employment complicated their 
housing situation. Organizations monitoring conditions in the Romani 
community have noted in recent years that Romani exclusion from the 
housing market was a problem and that the unemployment rate among Roma 
was approximately 90 percent.
    Following government-facilitated relocation in 2006, approximately 
30 members of a Romani family received a new home and land near 
Ljubljana following the December 2007 conclusion of an agreement 
between their legal representative and the minister of environment and 
spatial planning.

    Other Societal Abuses and Discrimination.--The law prohibits 
discrimination based on sexual orientation; however, societal 
discrimination was widespread, and isolated cases of violence against 
homosexuals occurred. Recent data on the problem's scope was not 
available.
    On June 21, the eighth annual gay pride parade in Ljubljana took 
place with the support of local government officials, although there 
were reports that bystanders shouted homophobic slurs at participants, 
and antigay graffiti and stickers were seen in various locations around 
the city. Organizers reported satisfactory police presence during the 
parade. However, two individuals were assaulted following the parade, 
and three other assaults occurred during evening events. Police did not 
apprehend the perpetrators.
    The law permits homosexual civil unions. In 2006 gay activists 
filed a complaint with the Constitutional Court that the law does not 
afford the same social, family, and inheritance rights as those granted 
to heterosexual married couples. The court had not issued a ruling on 
the complaint by year's end.
    There were no reports of societal violence or discrimination 
against persons with HIV/AIDS.
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 this right in practice. All 
workers, except police and military personnel, are eligible to form and 
join labor organizations. Approximately 30 percent of the workforce was 
unionized.
    The law provides for the right to strike, and workers exercised 
this right in practice. The law prohibits retaliation against strikers, 
and the Government effectively enforced this provision in practice. The 
law restricts strikes by some public sector employees, primarily the 
police and members of the military services, and provides for 
arbitration to ensure due process and protection of these workers' 
rights.

    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 practiced freely; 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. All workers were covered by either a general 
collective bargaining agreement or a collective bargaining agreement 
that focused on a specific business segment.
    There were no reports of antiunion discrimination.
    There are no special laws or exemptions from regular labor laws in 
the country's sole export processing zone at Koper.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that women were trafficked for forced prostitution.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace; 
the Government effectively enforced these laws.
    The minimum age for employment is 15; however, younger rural 
children often worked during the harvest season and on other farm 
chores. The law limits working hours and sets occupational health and 
safety standards for children; the Government effectively enforced 
these provisions in practice. Urban employers generally respected the 
age limits.
    The Ministry of Labor, Family, and Social Affairs is responsible 
for monitoring labor practices and has inspection authority; police are 
responsible for investigating violations of the law. Enforcement 
practices were generally effective.

    e. Acceptable Conditions of Work.--The national monthly minimum 
wage of approximately 590 euros (approximately $826) 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 and a 
mandatory rest period of at least one day per week. Premium pay for 
overtime was regulated by collective agreements and was not 
standardized, and maximum overtime was limited to eight hours per week, 
20 hours per month, and 180 hours per year. The Ministry of Labor, 
Family, and Social Affairs is responsible for monitoring labor 
practices and has inspection authority; police are responsible for 
investigating violations of the law. The laws were enforced 
effectively.
    Special commissions under the Ministry of Health and the Ministry 
of Labor, Family, and Social Affairs set and enforced standards for 
occupational health and safety. Workers had the legal right to remove 
themselves from dangerous work situations without jeopardy to their 
continued employment, and authorities effectively enforced this right.

                               __________

                                 SPAIN

    The Kingdom of Spain, with a population of approximately 46.1 
million, is a parliamentary democracy headed by a constitutional 
monarch. The country has a bicameral parliament, the General Courts or 
National Assembly, consisting of the Congress of Deputies (lower house) 
and the Senate (upper house). The head of the largest political party 
or coalition is usually named to head the Government as president. The 
national election held on March 9 was free and fair. The Spanish 
Socialist Workers Party (PSOE) won the multiparty election, and Jose 
Luis Rodriguez Zapatero was reelected president. Civilian authorities 
generally maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of 
addressing individual instances of abuse. There were some reports of 
security forces abusing suspects and mistreating migrant children in 
detention centers, and authorities delayed the arraignment of arrested 
persons before a judge and delayed legal assistance to arrested 
persons. There were also reports that authorities at times expelled 
illegal migrants without adequate screening for potential asylees. In 
June 2007 the terrorist group Basque Fatherland and Liberty (ETA) 
declared an end to its 2006 ``permanent ceasefire'' and continued its 
terrorist campaign of bombings. As of December 5, the ETA was 
responsible for four deaths during the year. Jewish groups reported 
isolated acts of vandalism and anti-Semitism, Muslim groups reported 
some societal discrimination, and there were incidents of societal 
violence against other minorities. Domestic violence and trafficking in 
persons were also reported.

                        RESPECT FOR 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 arbitrary or 
unlawful killings.
    During the year, there were 32 ETA terrorist attacks, resulting in 
four deaths and approximately 39 injuries. The deaths occurred in the 
attacks on March 7, May 14, September 20, and December 3. Others were 
injured in attacks on April 17, June 1, and October 30. During the 
year, authorities arrested 79 ETA members and 78 persons allegedly 
involved in ETA's street violence campaigns. Those arrested included 
two members who confessed to involvement in the 2006 bombing at 
Madrid's international airport that killed two Ecuadorians, the 
suspected leader of the ETA, and three of his chiefs, all of whom were 
believed to have taken part in planning the airport bomb attack, as 
well as nine other ETA members implicated in a May 14th attack that 
killed a member of the civil guard. The ETA has killed eight persons 
since the 2006 airport attack.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and laws prohibit such practices, and the 
Government generally respected this prohibition; however, there were 
reports of police mistreatment and impunity.
    In its annual report released in May, the country's coordinator for 
the Council for Europe's Committee for the Prevention of Torture (CPT) 
reported that, in 2007, 720 persons filed mistreatment complaints 
against security forces, an 18 percent increase from 2006. After a June 
visit to Tenerife, Madrid, and Victoria, Amnesty International (AI) 
Secretary General Irene Khan stated that officials mistreated persons 
in custody, adding that such mistreatment was not systematic, but was 
an ``extended practice'' in all parts of the country.
    On February 22, a Basque Country Court judge interrogated eight 
members of the Spanish security forces charged with mistreating an 
alleged ETA member arrested in January. After his arrest, the suspect 
spent four days in a hospital's intensive care unit. He told the judge 
that the prison guards beat him. The Ministry of Interior claimed the 
guards used justified force to thwart an escape attempt.
    On May 3, a video was released on ``YouTube'' that showed private 
security forces at a Madrid subway station beating a male immigrant at 
the subway's entrance. According to media reports, Metro authorities 
fired the agents, but did not report the attack to authorities.
    In July a U.S. citizen residing in Morocco alleged that authorities 
in Cueta mistreated and unnecessarily detained him. The subject 
complained that the guards humiliated him during a strip search, 
repeatedly threatened him, and refused him access to a restroom. He 
received medical attention when he later collapsed in his cell, but was 
not examined for mistreatment. Authorities suspected the man was using 
a false passport and allegedly denied him access to counsel and 
detained him without a hearing for three full days, as allowed by law. 
As of year's end, the Government had not investigated the allegations.
    Prosecutors sought a six-year sentence for four Catalonian regional 
police officers (mossos d'esquadra), who allegedly assaulted a detainee 
in March 2007. As of December the trial has not begun. In December 2007 
a Barcelona judge initiated a trial against six regional police 
officers for mistreating a Romanian citizen in July 2006. In November 
four officers received two- to seven-year jail sentences, another 
defendant was fined, and one acquitted. In a separate case, prosecutors 
sought a four-year prison sentence for regional police officers who 
mistreated a detainee in the Barcelona police station. This trial had 
not begun by year's end.
    On March 5, the prosecutor's office sought a four-month jail 
sentence for three Catalonian regional police officers, who assaulted 
and injured a Guinean citizen in a Barcelona police station in 2006.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers.
    Prisons were overcrowded, with an inmate-per-cell ratio of 
approximately 1.7 where cells were designed for one inmate. Three new 
prison facilities opened during the year.
    The CPT's July 2007 report on its 2005 visit to the country cited 
numerous allegations of mistreatment, including some of a serious 
nature. The report noted that inmates lacked adequate protection 
against mistreatment, and recommended that jails maintain a log of 
inmate injuries and possible origins observed during the admission 
medical examination. In February the Government ordered the 
installation of video cameras in detention areas in police and civil 
guard stations. Although media reports indicated that the cameras were 
used only from time to time or when ordered by a court, there were 
stations that used the cameras systematically.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.

    Role of the Police and Security Apparatus.--Police forces include 
the national police and the civil guard, both under the authority of 
the central government, as well as municipal police and police forces 
under the authority of Catalonia and the Basque Country regional 
governments. All police forces operated effectively, with isolated 
reports of corruption. The constitution provides for an ombudsman who 
investigates claims of police abuse. The national ombudsman filed 26 ex 
officio judicial complaints, including several regarding instances of 
death during incarceration. During 2007 the ombudsman network processed 
1,746 complaints relating to matters of justice, defense, and internal 
affairs.

    Arrest and Detention.--The law provides that police may apprehend 
suspects with probable cause or with a warrant based on sufficient 
evidence as determined by a judge. With certain exceptions, police may 
not hold a suspect for more than 72 hours without a hearing. According 
to the CPT's July 2007 report, the requirement that an arrested person 
must be brought before a judge within 72 hours was not rigorously met 
in practice. Detainees were not generally informed of their right to 
the services of a lawyer free of charge, and it was common practice for 
detained persons to be granted access to a lawyer only at the moment 
when they made a formal statement while in law enforcement custody. 
Detainees generally were promptly informed of the charges against them. 
The courts released defendants on bail unless they believed the 
defendants might flee or be a threat to public safety.
    In certain rare instances involving acts of terrorism or rebellion, 
the law allows authorities to detain persons for up to five days prior 
to arraignment with the authorization of a judge. In these cases, a 
judge also may order incommunicado detention for the entire duration of 
police custody, which may be extended by the court up to 13 days. Human 
rights observers indicated that this power carried the potential for 
abuse. Authorities responded that this form of detention was rare.
    The law stipulates that suspects held incommunicado have the right 
to an attorney, but not necessarily to their attorney of choice. The 
Spanish Bar Association selects an attorney for the detainee.
    Lengthy pretrial detention was a problem. As of July approximately 
25 percent of the 71,114 persons in prison were pretrial detainees. 
Under the law authorities may not detain suspects for more than two 
years before putting them on trial unless a judge authorizes a further 
delay, which may extend to four years. In practice pretrial detention 
was usually less than one year.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution and law provide for the right 
to a fair trial, and an independent judiciary generally enforced this 
right.
    Trials are public, and there is a nine-person jury system. 
Defendants have the right to be represented by an attorney (at 
government expense if indigent), confront witnesses, present witnesses 
on their behalf, and have access to government-held evidence. 
Defendants enjoy a presumption of innocence and the right to appeal.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--An independent and 
impartial judiciary exists for civil matters, and there is access to a 
court to bring lawsuits seeking damages for, or cessation of, a human 
rights violation.

    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.
    The independent media remained active and generally expressed a 
wide variety of views without restriction. Individuals could criticize 
the Government publicly or privately without reprisal, and the 
Government did not attempt to impede such criticism.
    The law prohibits, subject to judicial oversight, actions including 
public speeches and the publication of documents that the Government 
interprets as glorifying or supporting terrorism. In June 2007 Arnaldo 
Otegi, the leader of the ETA's political front, was sentenced to 15 
months in prison for glorifying terrorism while participating in the 
2003 commemoration of the 25th anniversary of the death of an ETA 
member; Otegi was released from prison on August 30.
    A 2007 Constitutional Court ruling stated that Holocaust denial 
could no longer be punished by incarceration, since it is permissible 
in the framework of freedom of speech. Previously, the law provided 
punishment of up to two years in prison for the offense. The court 
concluded that imprisonment for the offense of justifying the Holocaust 
or genocide would be compatible with the constitution.
    This year's report of the NGO Reporters Without Borders criticized 
the ETA for threatening journalists, contending that several 
journalists in the country required personal protection or chose to 
leave the Basque Country due to such threats. The NGO asserted that the 
country did not meet European Union standards for freedom of the press. 
On June 8, the ETA detonated a bomb outside printing facilities of the 
newspaper El Correo near Bilbao. The ETA detonated a bomb November 20 
near the Mt. Arnotegi television transmitter station on the outskirts 
of Bilbao, causing serious structural damage. The station, aside from 
transmitting public television and radio signals, also provides support 
for police, emergency and security forces' internal communication 
systems. On December 31, ETA attacked the headquarters of the Basque 
News and Informational Channel (EITB), a regional television station, 
with a 100-kilo (220-pound) car bomb. Extensive material damage to the 
building, which also houses other media outlets, including Atena 3, 
Onda Cero, El Mundo, Deia, Marca, and Expansion, was reported; however, 
there were no injuries or casualties and normal operations resumed 
within a few hours.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Authorities monitored Web sites for material 
containing hate speech and advocating anti-Semitism; there were no 
reports that the Government monitored e-mail or Internet chat rooms. 
Individuals and groups could engage in the peaceful expression of views 
via the Internet, including by e-mail.
    Internet access was readily available from a number of providers. 
The Government did not require Internet service providers to restrict 
public access to any Web sites.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The constitution provides for freedom of 
religion, and the Government generally respected this right in 
practice.
    The constitution declares the country to be a secular state, and 
various laws provide that no religion should have the character of a 
state religion; however, Roman Catholicism was the dominant religion 
and enjoyed the closest official relationship with the Government. The 
Roman Catholic Church benefited from financing through the tax system 
in that taxpayers, regardless of denomination, could elect to dedicate 
a small percentage of their taxes to the Roman Catholic Church. The 
Government also provided some direct funding to the Roman Catholic 
Church, as well as funding for religion teachers in public schools, 
military and hospital chaplains, and other indirect assistance. Jewish, 
Muslim, and many Protestant communities with ``notorio arraigo'' 
(``deeply rooted'' traditional) status received some tax benefits 
through agreements with the Government, but enjoyed fewer privileges 
than the Roman Catholic Church. Jehovah's Witnesses, Buddhists, and the 
Church of Jesus Christ of Latter-day Saints have obtained notorio 
arraigo status; however, they do not receive the same benefits and 
privileges granted to the other ``deeply-rooted'' religions.
    Muslim and Protestant leaders cited the work of the Government's 
Foundation for Pluralism and Coexistence as a clear step for 
integrating non-Catholic faiths. The Government attributed significant 
increases in the number of non-Catholic religious organizations 
officially registering with the Ministry of Justice to this foundation, 
since registration was required to apply for foundation funds.
    There were isolated instances of local and regional government 
policies that ultimately restrict some individual religious groups. The 
Jewish, Islamic, and Protestant federations reported that the building 
permit process for construction of new sites of worship could be 
difficult and lengthy, especially for sites in central urban locations. 
The Islamic Commission reported that sometimes new mosque construction 
was forced into less visible suburban areas, primarily because of 
resistance from neighborhood groups.
    Numerous Muslims were forced to worship in converted buildings, 
often called ``garage mosques,'' because there were few buildings 
dedicated to Islamic worship for their growing numbers, and some 
localities resisted selling Muslims land and providing the necessary 
legal permits to build.
    On February 20, the Observatory for Religious Freedom and 
Conscience declared that observant believers in the country were 
treated as ``second-class citizens'' for not sharing the ideology of 
the party in power. The observatory also criticized the Partido 
Popular's (People's Party's) proposal to prohibit the Muslim veil in 
schools.
    On February 15, the leadership of the Islamic Cultural Center of 
Valencia (CCIV) reported that its request to the Valencia city council 
for land to build a new, larger mosque had not received a response for 
nearly two years. The CCIV's facilities were spread among multiple 
properties and the community was unable to accommodate the significant 
increase in adherents in recent years.

    Societal Abuses and Discrimination.--The growth of the country's 
immigrant population occasionally led to social friction, which in 
isolated instances had a religious component. Muslims continued to 
experience some societal prejudice, and some citizens blamed recent 
immigrants for increased crime rates in the country. During the year 
Muslims reported encountering no obstacles to practicing their religion 
in the country.
    Jewish community leaders reported that, while violence against the 
approximately 48,000-member Jewish community was rare, anti-Semitic 
incidents, including graffiti against Jewish institutions, continued to 
be a problem.
    On August 28, an organized Israeli tour group was confronted by a 
group of skinheads, who shouted ``Heil Hitler'' while raising their 
arms in a Nazi salute. The skinheads spat in the tour guide's face. The 
skinheads picked up stones and threatened to throw them at the 
Israelis, while making gestures of cutting each other's throats.
    An August 2007 law went into effect that established sanctions 
against sports teams and stadiums for prohibited actions by 
professional athletic clubs, players, or fans. The law resulted from a 
long history of fans insulting players based on their race or religion.
    In October construction workers in Toledo uncovered an ancient 
cemetery from which skeletal remains were subsequently disinterred 
without religious supervision. Based on anthropological studies, 
experts believe the cemetery to be a Sephardic Jewish burial ground. 
Construction was halted while the Federation of Jewish Communities of 
Spain (FCJE), international rabbinical groups, representatives from the 
Spanish Ministries of Justice and Foreign Affairs, and local 
authorities negotiated a solution.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations, 
including the Spanish Committee for Assistance to Refugees, in 
providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol. According UNHCR 2007 statistics, the country granted refugee 
status to 204 persons. An additional 340 persons received subsidiary 
protection.
    During the first seven months of the year the country received 
7,165 undocumented migrants, a 9 percent decrease from 2007. In 2007 
approximately 92 percent of undocumented immigrants were repatriated to 
their countries of origin and approximately 69 percent of the 
undocumented migrants entered the country by way of the Canary Islands.
    In its June briefing to the Human Rights Committee, Amnesty 
International (AI) expressed concern for the rights of asylum-seekers 
and refugees, stating that their rights are being violated by measures 
aimed at controlling migration. According to AI, Spain's migration 
policies lead to ``increasingly grave consequences for migrants who, 
due to the nature of the obstacles faced in migrating, have been forced 
to travel dangerous routes by unsafe means. suffering abuses at the 
hands of criminal networks.'' AI also raised concerns about restricted 
access to legal assistance and interpretation services, as well as 
accelerated deportation processes.
    According to the NGO Save the Children, the Government repatriated 
minors without ensuring their safety in their country of origin. The 
ombudsman made recommendations in its annual report to modify certain 
procedures to guarantee the legality of the repatriation of minors. 
According to 2007 government statistics, the Government repatriated 0.4 
percent of unaccompanied, undocumented minors.
    The national ombudsman, designated to protect and defend basic 
rights and public freedom on behalf of citizens, opened an 
investigation into conditions in the country's Canary Islands detention 
centers in September 2007. The report, released on June 8, confirmed 
violations of children's rights as previously reported by Human Rights 
Watch (HRW) in July 2007. The ombudsman concluded that, one year after 
the HRW investigation, care of unaccompanied migrant children in the 
Canary Islands remained inadequate. Despite some improvements, 
including renovation of the La Esperanza emergency center, separate 
housing for children below the age of 15, and school enrollment of 
children below the age of 16, systemic shortcomings of these centers 
remains unchanged. Specifically, the ombudsman found that there were 
credible reports of past mistreatment of children in the La Esperanza 
center; that children were often housed for up to a year in 
overcrowded, unsafe, and substandard facilities that were intended only 
as temporary shelters; that children were detained in police stations 
upon arrival; did not receive the documentation they were entitled 
under the law, thus becoming undocumented migrants after reaching the 
age of 18.
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 based on universal suffrage.

    Elections and Political Participation.--During the year Jose Luis 
Rodriguez Zapatero of the Socialist Party was reelected president in a 
free and fair national election. Governmental power was shared between 
the central government and 17 regional governments. Political parties 
operated without restriction or outside interference, and linguistic 
and cultural minorities had representation and participated in both 
local and national political parties.
    There are 124 women in the 350-seat Congress of Deputies, 79 women 
in the 264-seat Senate, and nine women in the 17-member Council of 
Ministers. Approximately 33 percent of the parliamentary seats are held 
by women.
    The Government did not keep statistics on the ethnic composition of 
the parliament, but linguistic and cultural minorities were 
represented. The Catalan parliament included a member of Moroccan 
origin. There were Muslim political parties in the city enclaves of 
Ceuta and Melilla in North Africa. Roma had little representation in 
government. In 2007 the Government appointed the first Roma to a high-
level position, as an advisor in the Women's Institute, a division of 
the Ministry of Labor and Social Affairs. She was later fired for 
publicly accusing her employer of preventing her from performing her 
normal work duties. During the year she filed suit against the PSOE's 
Secretary for Social Movements and the Director of the Women's 
Institute for labor harassment; the case was pending at year's end.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these provisions effectively. There were several reports of 
government corruption during the year, particularly in local 
government.
    On May 8, the chief of police of Coslada (a Madrid suburb) and 25 
local police were arrested on suspicion of involvement in a fraud ring. 
On May 14, a judge authorized detention without bail for 13 of the 
arrested officers. Trial proceedings had not begun.
    In June the anticorruption prosecutor ordered the arrest of 25 
people suspected of defrauding the municipality of Estepona (M laga). 
The accusations include misuse of public office, bribery, fraud, and 
money laundering. PSOE Estepona Mayor Antonio Barrientos, and other 
PSOE local leaders, were among those arrested. PSOE immediately 
expelled Mayor Barrientos from the party. Since April 2006, nine mayors 
have been accused of corruption-related offenses.
    In 2007, 86 persons were charged in connection with the 2006 
investigation into corruption and financial crimes in the Marbella 
local government. The mayor, former police chief, and much of the local 
government of Marbella were charged with crimes that included real 
estate graft, bribery, and embezzlement. Juan Antonio Roca, the 
suspected ringleader, made bail in April with a bond of one million 
euros (approximately $1.3 million); none of the trials of persons 
connected with the case had started by year's end.
    Public officials are subject to financial disclosure laws. The 
Ministry of Public Administration is responsible for managing and 
enforcing the Law of Conflicts of Interest. The Government also has a 
code of good governance that applies to all high government officials.
    The law mandates public access to government information, and the 
Government generally complied.
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 Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, disability, 
language, or social status, and the Government generally enforced it 
effectively.

    Women.--The law prohibits rape, including spousal rape, and the 
Government effectively enforced the law. According to 2007 government 
statistics there were 6,845 cases of sexual assault, harassment, and 
aggression.
    The law prohibits violence against women, and independent media and 
government agencies paid close attention to gender violence. According 
to 2007 statistics the General Counsel of the Judicial Power, women 
filed 126,293 complaints of abuse against their husbands, male 
partners, or former partners. According to an AI report, more than 
600,000 women over the age of 18 were victims of gender-based abuse 
during 2007, but only 21 percent filed a complaint against their male 
partners.
    The law establishes prison sentences of six months to a year for 
domestic violence, threats, or violations of restraining orders, with 
longer sentences if serious injuries result. In 2007 statistics, the 
most recent available, there were a total of 43,048 gender-related 
trials, and 66 percent of the sentences issued were condemnatory. Since 
January 2005, when the Law against Gender Violence went into effect, 
authorities have convicted more than 300,000 persons for gender-related 
violent crimes.
    Over 50 offices provided legal assistance to victims of domestic 
violence, and there were approximately 293 shelters for battered women. 
A 24-hour toll-free national hotline advised battered women on finding 
shelter and other local assistance. According to December 2007 
statistics, there were 1,614 specialized security force officers 
focused on protection of victims of domestic violence. As of February, 
there were 83 specialized courts dealing exclusively with domestic 
violence cases, and 90 specialized judicial units.
    FGM is prohibited. In Catalonia the law requires that a doctor 
examine immigrants considered to be in danger of FGM when they travel 
to and from their countries of origin. Parents whose children are 
determined to have been subjected to FGM risked losing custody.
    Catalonian regional police have implemented procedures to prevent 
FGM through the early detection of potential victims, immediate 
reporting of possible cases to appropriate authorities, and, when 
possible, preventing the travel of potential victims. The Catalonian 
police detect an average of 40 FGM cases a year and prevented travel in 
18 cases during the first six months of the year.
    There is no law prohibiting the act of prostitution, but forcing 
others into prostitution and organizing prostitution rings are crimes; 
it is illegal to profit from the prostitution of another person. 
Prostitution was reported to be a problem despite continued efforts by 
local governments, notably those of Madrid and Barcelona, to discourage 
it. In July 2007 the Madrid city government installed 31 video cameras 
in one of the city's largest parks where prostitutes often gathered at 
night. In February another 30 cameras were installed in Madrid's 
downtown streets. Other efforts to combat prostitution included 
advertising campaigns discouraging prostitution, restrictions on 
prostitution near schools, and police actions such as street closings 
to deter clients from seeking prostitutes.
    The law prohibits sexual harassment in the workplace; however, 
harassment was reported to be a problem. According to the National 
Institute of Statistics, over 9 percent of women experienced some form 
of sexual harassment during 2007.
    Under the law women enjoy the same rights as men, including rights 
under family law, property law, and in the judicial system. The Women's 
Institute worked to ensure the legal rights of women, combat economic 
discrimination, and integrate women into the professional workplace. 
Discriminatory wage differentials continued to exist, and women held 
fewer senior management positions than men. According to the National 
Statistics Institute, women in Spain earn 26.3 percent less than men.

    Children.--The Government was strongly committed to children's 
rights and welfare.
    There were reports of child abuse. In February 2007 the director of 
the Reina Sofia Center (RSC) for the Study of Violence stated that 8 
percent of children suffered psychological or physical mistreatment, 
but that only a small fraction of these cases were reported to the 
authorities. From 2004-07, 48 children died as a result of child abuse 
and, as of July, four children had died from abuse in 2008. A report by 
the RSC published in April indicated that an average of 12 children a 
year died from abuse. Since November 2007 the Government has run a 
public awareness campaign on child abuse featuring billboards and radio 
and television advertisements.
    Trafficking of teenage girls for commercial sexual exploitation was 
a problem.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked to 
and through the country.
    The country was both a destination and transit point for persons 
trafficked for the purpose of commercial sexual exploitation and, to a 
lesser degree, forced labor (primarily in agriculture, construction, 
and domestic employment). Trafficked women were usually 18 to 24 years 
of age, but some girls were reportedly trafficked as young as 16. Women 
were trafficked primarily from Latin America (Colombia, Brazil, and 
Honduras), Eastern Europe (Romania and Russia), and sub-Saharan Africa 
(Nigeria). Persons were also trafficked from China for labor 
exploitation.
    Traffickers were generally organized criminals based in the source 
countries. 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. In the case of 
women from Eastern Europe, severe violence and threats were the methods 
most often employed by traffickers. Traffickers lured some victims from 
other regions with false promises of employment in service industries 
and agriculture, but forced them into prostitution upon their arrival. 
NGOs reported an increase in cases in which traffickers allowed their 
victims to keep a portion of the money they earned through prostitution 
to reduce their desire to escape the trafficking network.
    The law prohibits trafficking in persons for labor and sexual 
exploitation. The prescribed penalties for sex trafficking are five to 
15 years' imprisonment, commensurate with the prescribed penalties for 
rape. The penalty for labor trafficking is four to 12 years in prison. 
The law also prohibits the exploitation of prostitutes through coercion 
or fraud and of workers in general, with penalties ranging from five to 
10 years' imprisonment. In 2007 the Government passed numerous acts of 
legislation that increased the penalties for trafficking by two to six 
years if the offender is found to be a part of a criminal organization 
and that gives courts authority to prosecute cases trafficking that 
occurred outside the country.
    In February the Spanish Network against Trafficking in Persons 
estimated that between 40,000 and 50,000 women are sexually exploited 
every year in the country. The Federation of Progressive Women, in its 
report Fight Against Trafficking of Women, estimated that over 18,000 
foreign women are sexually exploited in the country each year and that 
the number of victims identified reflects only half of the actual 
total.
    According to media reports, security forces dismantled 41 
trafficking networks and made 233 trafficking arrests from January 
through July.
    In June the national police dismantled a network that was illegally 
trafficking Brazilian women for sexual exploitation purposes. The 
police arrested 37 persons; nine of them were leaders of the network.
    On April 14, 24 Russian women were detained in Caceres for being 
undocumented and 10 others were charged with trafficking. Since the 
national operation investigation's beginning in April 2007, a total of 
86 persons have been arrested for trafficking.
    In April Spanish authorities freed several Honduran women who were 
being held against their will and forced into prostitution in Valencia.
    The national police also dismantled a sexual exploitation ring 
whose victims were primarily Russian women. The 18-month investigation 
resulted in 76 trafficking arrests. An additional 53 persons living in 
Russia were identified as participants in the criminal trafficking 
organization.
    In 2007 statistics officials identified 1,035 sex trafficking 
victims and 445 labor trafficking victims.
    During the year police dismantled 240 trafficking networks, 
arrested 1,039 persons, and freed 2,288 victims. During the year the 
Government announced that it would allot six million euros ($7.8 
million) to fund an antitrafficking cooperation agreement with several 
Central American countries.
    The Ministry of Interior coordinates antitrafficking efforts and 
works closely with the Office of the President, the Ministry of Labor 
and Social Services, the Ministry of Justice, and the Ministry of 
Education. The Immigration Networks and Falsified Documents Unit 
(UCRIF), a special unit of the national police, covers trafficking in 
persons. The UCRIF intelligence unit analyzed statistical data and 
trends and coordinated efforts and shared data with the civil guard and 
Interpol. Regional national police officers conducted quarterly reviews 
to set goals in combating trafficking and to assess progress in meeting 
previous goals.
    The law permits trafficking victims to remain in the country if 
they agree to testify against their perpetrators. Victims are given a 
30-day ``reflection period'' to recover in a safe environment before 
being required to decide whether to cooperate with the investigation 
and prosecution of their traffickers. After legal proceedings conclude, 
victims have the option of remaining in the country or returning to 
their country of origin. Representatives of the Government's violence 
education programs for female victims and an NGO partner reported that 
89 percent of the victims they assisted filed criminal charges.
    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. Victims received 
medical assistance, including emergency care, through the national 
health care system.
    The Government has several programs to prevent trafficking, 
including a toll-free hotline that offers information to trafficking 
victims and potential victims. Local governments continued demand-
reduction campaigns. The city of Madrid targeted potential sex 
solicitors with the slogan, ``Do not contribute to the perpetuation of 
21st Century slavery.'' Military forces deployed outside the country as 
international peacekeepers received antitrafficking training. Under the 
slogan ``There are no excuses,'' the Government warned travelers 
against child sex tourism. In January the Ministries of Labor and 
Social Affairs and Foreign Affairs and the NGO Save the Children hosted 
an international conference on child trafficking that addressed child 
sex tourism.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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, and the 
Government effectively enforced these provisions. The law mandates 
access to buildings for persons with disabilities, and the Government 
generally enforced these provisions; however, levels of assistance and 
accessibility differed between regions. The Ministry of Labor and 
Social Affairs is responsible for protecting the rights of persons with 
disabilities.
    In April the National Assembly approved a law that establishes 
fines for discrimination against persons with disabilities of up to one 
million euros (approximately $1.3 million).

    National/Racial/Ethnic Minorities.--There were instances of 
societal violence and discrimination against members of racial and 
ethnic minorities, and the Government undertook efforts to combat the 
problem.
    According to the European Network on Racism and Xenophobia there 
are approximately 4,000 racially motivated crimes in the country 
annually, while the Government only reports between 90 and 120 such 
crimes. On April 10, AI released a report that asserted the Government 
has not taken sufficient steps to fight racism and deprives the public 
of information in an effort to conceal the problem. The report, 
entitled Between Aversion and Invisibility, also noted that the country 
that does not track or publish information on racially motivated crimes 
and asserted that the justice system does not sufficiently address the 
racist component of many crimes.
    On September 6, a Spanish Roma killed a Senegalese citizen in 
Roquetas de Mar, Almeria. The killing set off a seven-hour neighborhood 
riot that resulted in the burning of two apartment buildings and 
attacks against members of the security forces that injured three 
officers. Four sub-Saharan Africans were arrested for their 
involvement. On September 7, a group of sub-Saharans attacked an 
ambulance and set fire to street containers in the same neighborhood. 
Four other arrests were made and the national ombudsman opened an 
investigation into events. The association ``Almer!a Acoge'' denied 
that the death was racially motivated.
    On April 5, several train security guards allegedly attacked a 
Maghreb man in Barcelona. According to one witness, nine or 10 guards 
kicked the victim, who subsequently filed an official complaint. The 
witness provided testimony before a judge, but no further action was 
taken by year's end.
    The Romani population continued to face discrimination. According 
to the domestic NGO Fundacion Secretariado Gitano (FSG), Roma continued 
to face discrimination in access to employment, housing, and education. 
The Romani community, which the FSG estimated to have a population of 
600,000, experienced substantially higher rates of unemployment, 
poverty, and illiteracy than the general population. A 2007 FSG study 
indicated that 80 percent of Romani children did not finish compulsory 
secondary education. The FSG 2007 annual report also states that 26 
percent of Roma ages 16 to 65 are illiterate. In 2006 unemployment 
among Roma was at 13.8 percent, while unemployment country-wide was 9 
percent.
    On April 2, the Council of Europe's Commission against Racism and 
Intolerance adopted resolution which stated that Roma, and in 
particular Romani women, still faced particular difficulties and 
discrimination in their access to employment, housing and social 
services and, reportedly, in the treatment they received within the 
criminal justice system. The resolution also noted continued 
difficulties in ensuring equal access to education for Roma, with 
Romani students exhibiting higher levels of absenteeism, drop-out 
rates, and poor performance than non-Romani children, especially at the 
secondary school level.
    A Romani association in Madrid (Hierbabuena) accused the PSOE of 
discriminating against Roma when the Government fired a high-level 
Romani advisor to the Department of Ethnic Minorities within the 
Women's Institute. The advisor was terminated after filing a harassment 
suit in July against the PSOE's secretary for social movement.
    On July 2, the United Nations Special Rapporteur against Racism 
asserted before the Catalonian parliament that political parties in the 
country attempt to exploit racism to gain electoral advantage. After 
visiting Sikh, Roma, Evangelical, and Muslim communities in Catalonia, 
the Special Rapporteur noted that the communities were excluded from 
the mainstream of society and experienced difficulty practicing their 
religions due to the small size of their places of worship.

    Other Societal Abuses and Discrimination.--There were no reports of 
major societal violence or discrimination based on sexual orientation.
    There were no reports of major societal violence or discrimination 
against persons with HIV/AIDS.
    The controversy regarding official language policies continued, 
with complaints that current policies offend the right to an education 
in the ``mother tongue,'' or Castilian Spanish. In 2007 the ombudsman 
received approximately 100 complaints regarding Catalonia's linguistic 
policies, and in March the ``Platform in Defense of the Freedom of 
Choice in Language Election'' filed a formal complaint against a school 
in the Basque Country. The school had refused to offer all classes in 
Spanish.
    In October 2007 an estimated 5,000 writers, politicians, 
journalists, academicians, actors, and filmmakers signed a manifesto 
criticizing Cataluna Radio for firing a journalist for speaking in 
Castilian (Spanish), rather than Catalan (Catalonia's regional 
language).
    According to security forces, 4,000 people participated in a 
demonstration in Barcelona on September 28 to protest the Government's 
linguistic policies and to defend the right to have school classes 
taught in Castilian.
Section 6. Worker Rights
    a. The Right of Association.--The law allows workers, except 
military personnel, judges, magistrates, and prosecutors, to form and 
to join independent unions of their choice without previous 
authorization or excessive requirements, and workers did so in 
practice. Approximately 15 percent of the workforce was unionized. 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 strike and workers exercised this right by conducting 
legal strikes. A strike in nonessential services was legal if the union 
gave five days' notice. Any striking union must respect minimum service 
requirements negotiated with the respective employer.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, including for all workers in the 
public sector except military personnel, and it was freely practiced. 
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.
    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.
    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 women and children were trafficked for commercial sexual 
exploitation and that men were trafficked for labor, mainly in 
agriculture.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in 
the workplace. While child labor was generally not a problem, there 
were reports that children were trafficked for sexual exploitation. The 
statutory minimum age for the employment of children is 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 has primary responsibility for enforcement of 
the minimum age law and enforced it effectively in major industries and 
the service sector. The ministry had difficulty enforcing the law on 
small farms and in family-owned businesses, where some child labor 
persisted. Laws prohibiting child labor were enforced effectively in 
the special economic zones.

    e. Acceptable Conditions of Work.--The minimum wage was 
approximately 600 euros (approximately $780) per month, which generally 
did not provide a decent standard of living for a single-income family. 
The Ministry of Labor and Social Affairs effectively enforced the 
minimum wage.
    The law provides for a 4-hour workweek, with an unbroken rest 
period of 36 hours after each 40 hours worked. By law overtime is 
restricted to 80 hours per year unless collective bargaining 
establishes a different level. Premium pay is required for overtime, up 
to a maximum of 80 hours per year.
    The National Institute of Safety and Health in the Ministry of 
Labor and Social Affairs has technical responsibility for developing 
labor standards, and the inspectorate of labor has responsibility for 
enforcing the law through inspections and judicial action when 
infractions are found. Unions criticized the Government for devoting 
insufficient resources to inspection and enforcement. Workers have the 
right to remove themselves from situations that endanger health or 
safety without jeopardy to their employment, and authorities 
effectively enforced this right; however, employees with short-term 
labor contracts may not understand that they have such legal 
protections.

                               __________

                                 SWEDEN

    The Kingdom of Sweden is a constitutional monarchy with a 
multiparty parliamentary form of government. The population is 
approximately 9.2 million. Legislative authority is vested in the 
unicameral Riksdag (parliament). In national elections in 2006, voters 
elected a center-right coalition government led by the Moderate Party. 
The elections were free and fair. The King is the largely symbolic head 
of state. The prime minister is the head of the Government and 
exercises executive authority. Civilian authorities generally 
maintained effective control of the security forces.
    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. Reported human rights problems 
included isolated incidents of excessive force by police; prison 
overcrowding and lengthy pretrial detention; government surveillance 
and interference; incidents of anti-Semitic and anti-Islamic 
discrimination and civil disturbances; abuse of women and children; and 
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 that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices; however, there were 
isolated reports that police used excessive force. In August two police 
officers were reported for assault. The investigation by the Karlstad 
police prosecutors unit was ongoing at year's end.
    During the first six months, law enforcement authorities conducted 
537 investigations of police officers, charged and convicted nine for 
crimes, including minor assault, theft, and sexual molestation.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, although overcrowding and 
lengthy pretrial detention remained problems. The addition of new 
detention and prison cells during the year helped mitigate prison 
overcrowding.
    Restrictive conditions for prisoners held in pretrial custody 
remained a problem. According to the National Agency for Prison and 
Probation, approximately 40 percent of these detainees were subject to 
extended isolation or to restrictions on mail delivery or exercise.
    The Government permitted visits by independent human rights 
observers. A delegation from the UN Committee on Prevention of Torture 
(CPT) visited prisons and detention centers in March. The Justice 
Ombudsman, who is detached from the Ministry of Justice, performed 
approximately 10 inspections during the year, based either on 
complaints or on the Ombudsman's initiative. The Red Cross and church 
associations are also allowed to visit prisoners, but not to monitor or 
inspect the prisons.

    d. Arbitrary Arrest or Detention.--The constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
observed these prohibitions.
    Civilian authorities maintained effective control over the National 
Police and the Swedish Security Service, and government authorities had 
effective mechanisms to investigate and punish abuse and corruption. 
There were no reports of impunity involving the security forces during 
the year.
    The Swedish Helsinki Committee for Human Rights criticized the 
security police for poor judgment in a number of investigations related 
to Somalis suspected of terrorist financing crimes. Three Somali men 
residing in the country were apprehended in February, and eventually 
released without charge at the end of September.

    Arrest and Detention.--The law requires warrants issued by duly 
authorized officials for arrests, and the Government generally 
respected this requirement in practice. Police must file charges within 
six 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 six hours, 
or up to 12 hours if necessary for the investigation. After 
questioning, the extent to which reasonable suspicion remains 
determines whether the individual will be arrested or released. If the 
suspect is arrested, the prosecutor has 24 hours (or three days in 
exceptional circumstances) to request continued detention. An arrested 
suspect must be arraigned within 48 hours, and initial prosecution must 
begin within two weeks, unless extenuating circumstances exist. 
Authorities generally respected these requirements.
    Detainees may retain a lawyer of their choice; in criminal cases 
the Government is obligated to provide an attorney if the defendant 
cannot afford one. Detainees are afforded prompt access to lawyers and 
to family members. Although there is no system of bail, courts 
routinely release defendants pending trial unless they are considered 
dangerous.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, and the Government generally respected 
this provision in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is no specific court 
for human rights violations. Instead, cases are tried in the general 
court system. As members of the European Union (EU), citizens can 
appeal to the European Court of Human Rights in matters related to the 
state.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The constitution and law prohibit such actions, and 
the Government generally respected these prohibitions in practice.
    Human rights organizations, including the Swedish Helsinki 
Committee for Human Rights, expressed concern over the growing number 
of government proposals to permit greater surveillance by the police. 
Human rights groups argued that allowing additional surveillance 
methods, such as wiretapping, would conflict with protection of the 
individual's right to privacy. During the year courts issued 966 
permits for wiretapping, and denied 16. In September the parliament 
approved a law to give the National Defense Radio Establishment (FRA) 
the authority to monitor international cable traffic, provided that 
prior approval was obtained from a special court. Under this law, 
scheduled to go into effect in January 2009, government ministries and 
the Department of Defense will be the only agencies allowed to 
commission surveillance from the FRA.
    An ombudsman in the prosecutor's office is responsible for 
protecting citizens' rights in court cases that involve use of invasive 
measures, such as camera surveillance or wiretapping. The ombudsman 
participates in the court review of all wiretapping and surveillance 
requests.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combined to 
ensure freedom of speech and of the press.
    The law criminalizes certain types of expression considered to be 
hate speech and prohibits threats or expressions of contempt for a 
group or member of a group based on race, color, national or ethnic 
origin, religious belief, or sexual orientation. Hate speech may be 
punished by penalties ranging from fines up to a maximum of four years 
in prison. During the year, members of the National Socialist Front 
were prosecuted under the hate speech law.

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e-mail or 
Internet chat rooms. Individuals and groups could engage in peaceful 
expression of views via the Internet, including by e-mail.
    According to Statistics Sweden, 83 percent of the population 
between the ages of 16 and 74 had Internet access.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 Commission for State Grants to Religious Communities, a 
government body under the authority of the Ministry of Culture, 
provides financial aid to religious groups. In reviewing applications 
from religious groups, the only criteria the commission considers are 
the number of members in the group and how long the group has been 
established. In 2007, 50,232,000 SEK (approximately $6,375,000) was 
distributed to 22 religious communities in the country. The Government 
promotes interfaith understanding and meets annually with 
representatives of various religious groups.

    Societal Abuses and Discrimination.--The Jewish community numbered 
an estimated 18,500 to 20,000 persons; approximately half are estimated 
to be practicing members. In 2007 there were 118 reported cases of 
anti-Semitic crime, according to the Swedish National Council for Crime 
Prevention. Most of the incidents were characterized as ``agitation 
against an ethnic group'' or ``unlawful threat or molestation.'' 
Twenty-one of the reported cases resulted in convictions.
    During the year the media reported that individuals associated with 
the openly Nazi organization National Socialist Front Party committed 
numerous discriminatory acts involving violence and harassment aimed at 
immigrants, minorities, and people of Jewish faith. The reports 
included cases of assault and hate speech, unauthorized demonstrations, 
illegal distribution of posters, illegal possession of weapons, and 
disorderly conduct.
    In April a 20-year-old woman was awarded damages of 24,000 SEK 
(more than $3,000) for discrimination. She had been asked by a bus 
driver to get off the bus for wearing a veil.
    In August a fire at a mosque in the city of Stromsund was 
determined by the police to be an act of arson and a hate crime. The 
Crime Prevention Agency reported 3,700 hate crimes in 2007, an increase 
of 9 percent from 2006.
    In mid-December Muslim youths in a suburb of Malmo clashed with 
police over a three-week period. The youths threw Molotov cocktails and 
rocks at police and started fires in garbage bins. The disturbances 
were related to a dispute over a Malmo city official's decision not to 
renew the lease on a property that had been used for many years as an 
Islamic cultural center that also housed a mosque. The Islamic 
Association claimed the decision was discriminatory. Seventeen persons 
were detained, one police officer was injured, and two persons were 
prosecuted.
    The Stockholm police have a hate-crime hot line to receive 
complaints.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in providing protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The constitution and law prohibit forced exile, and the Government 
did not employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 some protection against 
the expulsion or return of refugees to countries where their lives or 
freedom would be threatened. The Government granted refugee status or 
asylum.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 Convention and the 1967 
protocol, and provided it to 38 persons during the first six months of 
the year.
    During his March visit, UNHCR Commissioner Antonio Guterres 
discussed asylum issues with Migration Minister Billstrom, including 
repatriation of Iraqis seeking asylum. The commissioner criticized the 
country's February agreement with the Government of Iraq to repatriate 
Iraqis denied asylum. His criticism was based on repatriating Iraqis to 
southern and central Iraq, areas where the Government maintained that 
the security situation had improved; but some media sources and human 
rights organizations did not agree that it was safe for Iraqis to 
return to those areas. By June, 45 Iraqis had been repatriated.
    The Migration Board (the entity that handles asylum applications) 
was granted 27 million SEK ($3.4 million) to hire more staff to deal 
with the increased number of Iraqi refugees. Amnesty International 
criticized a low level of knowledge of lawyers assigned to refugees by 
the Migration Board.
    In September the Migration Board denied asylum to Adil Hakimjan, an 
ethnic Uighur from China, despite a direct appeal to the Government 
from the European Parliament to accept him. Hakimjan had been a 
detainee in Guantanamo who, upon release, was transported to Albania 
(the only country that agreed to receive him). He could not return to 
China because his life would be threatened there. Hakimjan applied for 
asylum in Sweden where he has a sister. According to the Migration 
Board, Hakimjan's application was turned down because he already had 
asylum in Albania. The case was appealed to the Migration Appeals Board 
and received some media attention.
    The Government returned asylum seekers who arrived from EU 
countries or from countries with which it maintained reciprocal return 
agreements. In most cases persons returned had passed through or had 
asylum determinations pending in other EU countries. In many cases 
authorities deported asylum seekers within 72 hours of their arrival. 
The Government authorized financial repatriation support for asylum 
seekers who had been denied residence in the country in the amount of 
20,000 SEK ($2,534) per adult and 12,000 SEK ($1,520) per child, with a 
maximum of 50,000 SEK ($6,337) per family, but very few rejected asylum 
seekers applied for this support.
    Asylum seekers can appeal Migration Board rulings to two special 
migration appeals courts.
    The UN Committee for the Prevention of Torture received complaints 
against the Government during the year, most concerning repatriation of 
refugees.
    During the year, the court awarded damages in the amount of 3 
million SEK ($380,000) each to Egyptian nationals Ahmed Agiza and 
Mohammed Alzery, in connection with their 2001 forced repatriation. The 
judgment followed from a finding by the CPT that the country violated 
the UN Convention against Torture. However, their new asylum 
applications were turned down by the Migration Board, and their appeals 
were pending at year's end. Both men were in Egypt; Agiza reportedly 
was incarcerated there.

    Stateless Persons.--By the end of the year, there were estimated to 
be more than 8,000 stateless persons in the country. The large number 
relates to the influx of immigrants and the birth of children to 
stateless parents-who remain stateless until one parent has acquired 
citizenship, as citizenship is derived from one's parents. The majority 
of the stateless population originated from the Middle East (Gaza, the 
West Bank, Lebanon, Syria and Iraq).
    Once stateless persons have been granted permanent residence, they 
can obtain citizenship through the same naturalization process as other 
permanent residents. The time frame is normally four to eight years, 
depending on the individual's grounds for residency and ability to 
establish his/her identity and lack of a criminal record.
    There is no legal discrimination against stateless persons in 
employment, education, housing, or health services, and the Government 
does not contribute to or deliberately prolong a person's 
statelessness.
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 based on universal suffrage.

    Elections and Political Participation.--In the 2006 parliamentary 
elections citizens voted out the Social Democratic Party (SDP), which 
had dominated the political system for 70 years. The new government was 
a center-right coalition led by the Moderate Party.
    Political parties operate without restrictions or outside 
interference.
    There were 165 women in the 349-seat parliament and 10 women in the 
22 member cabinet.
    No official statistics on minority representation were available 
because the law prohibits the Government from holding information about 
the racial or ethnic background of its citizens. However, media reports 
stated that there was one ethnic minority member in the cabinet, and 
6.5 percent of parliament members were born in other countries.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. The Prosecutor's Office has a 
special unit working on cases involving corruption. The unit initiated 
65 investigations during the year, resulting in 27 prosecutions. Public 
officials and political parties are subject to financial disclosure 
laws.
    The constitution and law provide for public access to government 
information, and the Government generally respected this provision in 
practice. The public has the right of access to government documents 
unless they are subject to secrecy laws, according to which information 
may be withheld if its release poses a threat to national security or 
to individual or corporate privacy.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups generally operated 
without government restrictions, investigating and publishing their 
findings on human rights cases. Government officials were generally 
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. Although the Government effectively 
enforced these laws, violence against women and children, trafficking 
in persons, and discrimination against resident foreigners, Roma, and 
homosexuals remained problems.

    Women.--Rape, including spousal rape, is illegal, and the 
Government enforced the law effectively. The law stipulates more severe 
penalties for repeated crimes and if the perpetrator had a close 
relationship to the victim. The National Council for Crime Prevention 
(NCCP) reported 3,880 rapes of persons over age 14, compared with 3,535 
in 2007.
    The NCCP reported 19,318 cases of assault against women. 
Approximately 50 homicide deaths of women and girls were reported 
during the year, most of them committed by men closely related to the 
victim. Authorities apprehended and prosecuted abusers.
    The law provides victims with protection from contact with their 
abusers. When necessary, authorities helped women protect their 
identities or obtain new identities and homes; according to official 
statistics, some one thousand individuals-mostly women-received such 
services. Both national and local governments helped fund volunteer 
groups that provided shelter and other assistance for abused women, and 
both private and public organizations ran shelters and operated hot 
lines.
    The Government launched an 800 million SEK ($101 million), four-
year action plan to combat violence against women, including honor-
related violence. The plan focuses on improving victim protection, the 
quality of legal investigations, and rehabilitation services for 
abusers.
    At year's end authorities estimated that 1,500-2,000 women had been 
subjected to honor-related violence (patriarchal violence often linked 
to cultural and religious convictions about female chastity and 
marriage). Honor-related violence exclusively involved immigrants from 
Muslim countries; the police have concentrated on educating law 
enforcement officers and prosecutors to increase awareness and improve 
detection and prevention. A survey by Swedish Radio indicated that 
nearly 60 percent of the country's local social service offices had 
helped victims of honor violence.
    Selling sexual services is legal but the purchase of sexual 
services and procurement are illegal. In recent years the Government 
has sought to curb prostitution by focusing on the demand rather than 
the supply, by arresting clients and not prostitutes. There were 33 
reported cases of individuals buying sexual services during the year, a 
decrease from the previous year.
    The law prohibits sexual harassment, and the Government generally 
enforced this law in practice. Employers who do not investigate and 
intervene against harassment at work may be liable for damages to the 
victim.
    Women enjoy the same legal rights as men, including rights under 
family law, property law, and in the judicial system, but some sectors 
of the labor market still showed significant gender disparities in 
terms of salaries, especially in male-dominated occupations. Women's 
salaries averaged 85 percent of men's, adjusting for age, education, 
and occupational differences.
    The equal opportunity ombudsman (EOO), a public official, 
investigates complaints of gender discrimination in the labor market. 
Complaints may also be filed with the courts or with the employer. 
Labor unions generally mediated in cases filed with the employer. 
During the year the EOO's office registered 290 cases. Women filed 
approximately 75 percent of the cases; 25 percent of those cases 
concerned salaries. The number of discrimination complaints related to 
pregnancy rose to 46, compared with 30 in 2007.

    Children.--The Government was strongly committed to children's 
rights and welfare, but child abuse was a problem. At year's end the 
National Child Protection Council reported 5,954 cases (January-
September) of abuse of children under the age of 15 compared to 9,520 a 
year earlier. Police reported 944 cases of child rape and 955 cases of 
sexual abuse of children, compared with 1,271 reported cases of rape 
and 851 reported cases of child sexual abuse in 2007.
    There were reports of trafficking of children; the largest case 
during the year involved 15-20 Vietnamese children working in a 
Vietnamese-run restaurant. The law prohibits the repatriation of 
trafficked children if they lack proper documents to prove their 
identity and national origin. Those children are turned over to social 
services in the municipality of residence. The Swedish Migration Board 
has a specific policy for children arriving alone.
    The law prohibits parents or other caretakers from abusing children 
mentally or physically. 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.
    In March the Government committed 50 million SEK ($6.3 million) to 
improve municipalities' work on physical health, access to psychiatric 
treatment, and preventive measures for child abuse. The Government 
continued to be active in efforts to prevent child abuse through 
international organizations such as the UN Children's Fund.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were reports that persons were trafficked 
to, through, and within the country. Law enforcement officials and 
analysts estimated the number of trafficked women at 500 per year, 
cautioning, however, that it was not possible to obtain precise 
numbers.
    For certain origin countries, including Estonia, Russia, and 
Poland, Sweden continued to be a transit point, and to a lesser extent 
a destination, for trafficked women and children. The country was a 
destination point for trafficking victims from Asia. Traffickers 
typically recruited female victims in their countries of origin to work 
as cleaners, babysitters, or in similar employment abroad. Once in the 
country, traffickers isolated and intimidated victims and forced them 
to work as prostitutes in hotels, restaurants, massage parlors, or 
private apartments; some were locked up and their passports confiscated 
by their captors. Male victims were primarily trafficked for forced 
labor, and in some cases forced begging and petty theft.
    The law prohibits the trafficking of persons for sexual purposes, 
provides for sentences of two to 10 years' imprisonment for persons 
convicted of trafficking, and criminalizes attempting to traffic, 
conspiracy to traffic, and the failure to report such crimes. 
Authorities actively prosecuted trafficking cases. During the year 
police reported 10 cases of trafficking for sexual purposes.
    To prosecute traffickers, authorities continued primarily to use 
laws against procurement and an offense called ``placing in distress,'' 
which can apply in cases where traffickers lure women from other 
countries under false pretenses. The laws on procurement and 
trafficking complement each other; however, the antitrafficking law 
requires that prosecutors prove traffickers used ``improper means.'' 
Judges commonly ruled that improper means were absent in cases 
involving victims who consented to being trafficked. Although consent 
is irrelevant under the antitrafficking law, in practice judicial 
interpretation of the improper means criterion makes it difficult to 
obtain convictions. Prosecutors consequently continued to rely on the 
procurement laws for most convictions of traffickers. During the year 
there were 35 cases of procurement reported, many involving trafficking 
victims.
    The Government has a special ambassador to combat human 
trafficking, tasked with strengthening international antitrafficking 
efforts. The country also actively participated in a Nordic-Baltic task 
force against human trafficking.
    The Government allocated funds to domestic and international NGOs 
to provide shelter and rehabilitation assistance to victims. Police and 
social services also provided funding. The law enables trafficking 
victims who cooperate with police investigations to receive at least 
six-month temporary residence permits, allowing access to the full 
range of social benefits. Victims who do not cooperate with police 
investigations are ineligible to receive temporary residence permits 
and are promptly deported.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 admissions decisions. No other specific law 
prohibits discrimination against persons with disabilities. There is a 
disability ombudsman.
    Regulations for new buildings require full accessibility. Similar 
requirements exist for some public facilities but not all; many 
buildings and some means of public transportation remained 
inaccessible. The legislation on discrimination does not cover 
accessibility.
    The number of reports of discrimination against people with 
disabilities increased during the year. There were 896 reports of 
governmental discrimination against persons with disabilities in 
employment, education, access to health care, or in the provision of 
other state services; most of the cases involved lack of access to 
public buildings. Difficulty in accessing apartments, pubs, and bars 
were the most frequent reports of societal discrimination against 
persons with disabilities. In June the European Commission urged the 
country to correct the problem, and the Government has presented an 
action plan running from 2006-10 to increase accessibility.
    Approximately half of the cases submitted to the disability 
ombudsman under the Disability Act were handled under mediation 
procedures rather than through formal court hearings.

    National/Racial/Ethnic Minorities.--Over a million persons in the 
country are foreign born, with the largest groups originating from 
Finland, the former Yugoslavia, Iraq, and Iran. According to figures 
from Statistics Sweden, approximately 90,000 persons immigrated to the 
country during the year. The largest single group came from Iraq.
    The ombudsman for ethnic discrimination received 737 reports during 
the year compared to 817 in 2007. Workplace related discrimination 
cases also decreased by 10 percent from 2007.
    Police registered reports of xenophobic crimes (numbers not 
available), some of which were related to neo-Nazi/white power 
ideology. The Government investigated and prosecuted race-related 
crimes. Official estimates placed the number of active neo-Nazis, or 
white supremacists, at approximately 1,500. 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 
inflammatory symbols at rallies, since the law prohibits incitement of 
hatred against ethnic groups.
    During the year the media reported that individuals associated with 
the openly Nazi organization National Socialist Front Party perpetrated 
numerous discriminatory acts involving violence and harassment aimed at 
immigrants and minorities. The media also reported an increase in Nazi-
related threats and harassment at schools against both teachers and 
pupils with immigrant backgrounds.
    The law recognizes Sami (formerly known as Lapps), Swedish Finns, 
Tornedal Finns, Roma, and Jews as national minorities. The Government 
supported and protected minority languages.
    The Government estimated the population of Roma to be 40-60,000.
    There is a Special Delegation for Romani Issues consisting of 
representatives of Romani origin, experts on Romani issues, and 
representatives from Romani associations. The delegation worked to 
improve the situation of Roma in society and addressed such 
discrimination issues as social, political, and economic exclusion.

    Indigenous People.--There were approximately 20,000 Sami in the 
country, represented by a 31-member Sami-elected administrative 
authority called the Sami Parliament; the Sami were not represented in 
the national parliament. The Sami parliament acts as an advisory body 
to the Government and has decision-making powers in matters related to 
Sami culture, language, and schools. Parliament and government 
regulations govern its operations.
    Longstanding tensions between Sami and the Government over land and 
natural resources persisted, as did tensions between Sami and private 
landowners over reindeer grazing rights.

    Other Societal Abuses and Discrimination.--There were isolated 
incidents of societal violence and discrimination against homosexual 
persons. There were reports that individuals associated with the 
National Socialist Front Party made threats against the Swedish 
Federation for Lesbian, Gay, Bisexual, and Transgender Rights. The 
ombudsman against discrimination on grounds of sexual orientation 
registered 47 reported cases during the year, the same number as in 
2007. Additionally, the ombudsman's office initiated six new 
discrimination investigations, compared to eight in 2007. A government 
working group promotes equal rights for homosexual, bisexual, and 
transsexual persons.
    There were no reports of discrimination against persons with HIV/
AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law entitles workers to form and 
join independent unions of their choice, without previous authorization 
or excessive requirements, and workers exercised this right in 
practice. 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 strike, as well as for employers to 
organize and conduct lockouts; workers and employers exercised these 
rights in practice. Public sector employees also enjoy the right to 
strike, subject to limitations in the collective agreements protecting 
the public's immediate health and security.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining, and workers exercised this right in 
practice. Approximately 80 percent of the workforce was under 
collective bargaining agreements. The law prohibits antiunion 
discrimination and there were no reports that it occurred 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. There were reports 
that boys and young men were trafficked to and through the country for 
the purpose of forced labor, many of them on construction sites. 
Children were also trafficked for forced begging and petty theft.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law and policies (including those on acceptable working conditions) 
protect children from exploitation in the workplace, and the Government 
effectively implemented these laws and policies in practice. 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 may work part time or in 
light work with parental permission. Union representatives, police, and 
public prosecutors effectively enforced these restrictions.

    e. Acceptable Conditions of Work.--There is no national minimum 
wage law. Wages are set by annual collective bargaining contracts. 
Nonunion establishments generally observed these contracts as well. 
Substantial benefits (e.g., housing, childcare) provided by social 
welfare entitlement programs assured even the lowest-paid workers and 
their families a decent standard of living.
    The legal standard workweek is 40 hours or less. Both the law and 
collective bargaining agreements regulate overtime and rest periods. 
The maximum allowable overtime per year is 200 hours. The law requires 
a minimum period of 36 consecutive hours of rest, preferably on 
weekends, during a period of seven days. The law also provides 
employees with a minimum of five weeks' paid annual leave. The 
Government effectively enforced these standards.
    The Work Environment Authority, a government appointed board, 
issued occupational health and safety regulations, and trained union 
stewards and safety ombudsmen. Government inspectors monitored them. 
Safety ombudsmen have the authority to stop unsafe activity immediately 
and to call in an inspector. These rules were effectively enforced. 
Workplaces were generally safe and healthy. In law and practice, 
workers could remove themselves from situations that endangered their 
health or safety without jeopardizing their employment.

                               __________

                              SWITZERLAND

    The Swiss Confederation, population 7.5 million, is a 
constitutional republic with a federal structure. Legislative authority 
is vested in the bicameral parliament (Federal Assembly), whose members 
were chosen in free and fair elections in October 2007. The Government, 
elected by the Federal Assembly in December 2007, is a coalition 
composed mainly of the four major parties. Civilian authorities 
generally maintained effective control of the security forces.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provided effective means of dealing 
with individual instances of abuse. However, there were reports that 
police at times used excessive force, and a few allegations of 
impunity. Other human rights problems were lengthy pretrial detention, 
anti Semitic and anti Muslim incidents, violence against women, 
trafficking in persons, and discrimination against minorities.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--There were no 
reports that the Government or its agents committed arbitrary or 
unlawful killings.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution prohibits such practices; however, there 
were reports that police occasionally used excessive force.
    A delegation of the Council of Europe's Committee for the 
Prevention of Torture (CPT) conducted a two week visit in September and 
October 2007. In its report, published in November 2008, the CPT gave 
generally good marks to police for their treatment of individuals in 
their care in most of the cantons they visited, but reported numerous 
allegations of mistreatment against the Geneva cantonal police, ranging 
from occasional slaps to more serious abuse such as kicks, punches, 
blows with a truncheon, the abusive use of tear gas, strangulation, 
and, in one case, accusations of ``submarining'' (near submersion). In 
response to these criticisms, Geneva authorities stated that they had 
circulated messages to the Geneva police forces concerning mistreatment 
of detainees and that current practice permitted external experts to 
assist with investigations of abusive police behavior. With regard to 
submarining, the Geneva authorities indicated that their investigation 
turned up no evidence of such abuse and that there were no witnesses or 
complaints filed in connection with the allegation. At the same time, 
authorities acknowledged that cases of police abuse, while negligible 
compared with the number of arrests, were growing and indicated that in 
recent years some cantons had introduced mediation services or 
independent police complaint bodies in an effort to address the issue.
    In November the Ministry of Justice and Police announced that a new 
law regulating the use of force by federal police and by cantonal 
police performing duties on behalf of the federal government would come 
into force on January 1, 2009. The Government announced that the new 
law was intended to ensure the appropriate use of force and the 
greatest possible protection of the integrity of the affected persons.
    In its annual report, published in May, Amnesty International (AI) 
indicated that it continued to receive allegations of human rights 
violations by law enforcement officers and of their subsequent 
impunity. In June 2007 AI released a special report accusing the police 
forces of repeated human rights abuses that were rarely punished. The 
report documented some 30 instances of alleged police abuse in 14 
cantons between 2001 and 2006, some of which led to deaths. Police 
authorities responded that the AI report was biased against the police.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards. According to 2007 statistics, 
the occupation rate of detention facilities was 86 percent, 10 percent 
lower than in 2005; however prison overcrowding was a problem in some 
major urban areas such as Zurich, Bern, and Geneva. The CPT criticized 
detention facilities for immigrants awaiting deportation as inadequate 
for detaining individuals for up to two years as envisaged in the law.
    The Government permitted access to prisons by independent local and 
international human rights groups.
    A new penal code for young offenders that entered into effect in 
January 2007 states that juvenile detention prior to conviction should 
be minimized. It also requires that juvenile offenders be held in 
reform schools or separate wings of prisons where they can be given 
educational support; however, a study by the Justice Ministry published 
in May 2007 found that, during investigative detention, juveniles were 
often held together with adults and kept in prisons rather than reform 
schools.
    According to the law, young offenders up to age 15 may be given a 
maximum prison sentence up to one year, while 16 to 18 year old 
offenders may be jailed for up to four years.

    d. Arbitrary Arrest or Detention.--The constitution prohibits 
arbitrary arrest and detention, and the Government generally observed 
these prohibitions.

    Role of the Police and Security Apparatus.--Civilian authorities 
maintained effective control over police forces, which primarily are 
organized and administered by the cantons with federal coordination. 
The Federal Office of Police, in addition to performing coordination 
and analytical functions, can pursue its own investigations under the 
supervision of the Attorney General in cases of organized crime, money 
laundering, and corruption. The Government has effective mechanisms to 
investigate and punish abuse and corruption; however, there were a few 
allegations of impunity.

    Arrest and Detention.--By law criminal suspects must be apprehended 
on the basis of warrants issued by a duly authorized official unless 
there is a specific and immediate danger to which police must respond 
immediately. In most cases a suspect may not be held longer than 24 
hours before being presented to a prosecutor or investigating 
magistrate, who must either bring formal charges or order the 
detainee's release; however, asylum seekers and other foreigners 
without valid documents may be held up to 96 hours without an arrest 
warrant. The CPT, in its report released in November, criticized the 
fact that detained suspects may waive the right to appear personally 
before a judge, that access to a lawyer was at times not available in 
the period between apprehension and formal arrest, and that next of kin 
were not always promptly notified. The Swiss government rejected these 
criticisms, indicating that the provisions advocated by the CPT were 
not necessary.
    There was a functioning bail system, and courts grant release on 
personal recognizance or bail unless the magistrate believes the person 
charged is dangerous or a flight risk. A suspect may be denied legal 
counsel at the time of detention but has the right to choose and 
contact an attorney before charges are brought. The state provides free 
legal assistance for indigents who are charged with crimes for which 
imprisonment would be a possible punishment. Access to family members 
may be restricted to prevent tampering with evidence, but law 
enforcement authorities are required to inform close relatives promptly 
of the detention.
    In some cases lengthy pretrial detention was a problem. During the 
year approximately one third of all prisoners were in pretrial 
detention, and the average length of such detention was approximately 
50 days. In April 2007 an expert group commissioned by Geneva's 
cantonal parliament reported that a shortage of investigative 
magistrates reviewing new cases resulted in lengthy pretrial detention 
periods at the Champ Dollon prison.
    All cases of prolonged pretrial detention are subject to review by 
higher judicial authorities. The country's highest court has ruled that 
pretrial detention must not exceed the length of the expected sentence 
for the crime with which a suspect is charged.

    e. Denial of Fair Public Trial.--The constitution provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The constitution provides for the right to a 
fair trial, and an independent judiciary generally enforced this right. 
Trials were generally expeditious and public. Those 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. Defendants have the right to be present and to 
consult with an attorney in a timely manner, and an attorney is 
provided at public expense if defendants face serious criminal charges. 
Defendants have the right to confront or question witnesses and to 
present witnesses and evidence. Defendants enjoy a presumption of 
innocence and have the right to appeal, ultimately to the highest 
court, the Federal Tribunal. These rights were generally respected in 
practice.
    The military penal code requires that war crimes and violations of 
the Geneva Conventions be prosecuted only if the defendant has close 
ties with Switzerland. Normal civilian rules of evidence and procedure 
apply in military trials. The military penal code allows the appeal of 
any case, ultimately to the Military Supreme Court. In most cases 
defendants used attorneys assigned by the courts. Any licensed attorney 
may serve as a military defense counsel. Under military law the 
Government pays for defense costs. Civilians charged with revealing 
military secrets, such as classified military documents or classified 
military locations and installations, may be tried in military courts.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. Citizens have access to a 
court to bring lawsuits seeking damages for, or cessation of, human 
rights violations.

    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.
    The law penalizes public incitement to racial hatred or 
discrimination, spreading racist ideology, and denying crimes against 
humanity. The law does not name anti Semitism, Holocaust denial, or 
other specific offenses; however, there have been convictions under 
this legislation for anti Semitism and denying the Holocaust as well as 
other offenses. In October the Bern cantonal prosecutor began an 
investigation under the antiracism law against a board member of the 
extreme right wing Party of Nationally Oriented Swiss (PNOS) after the 
board member posted a message on the PNOS Web site asserting that some 
recent Miss Switzerland candidates were not sufficiently ``Swiss,'' 
because of the immigration or ethnic backgrounds of their families.
    It is a crime to publish information based on leaked ``secret 
official discussions.''

    Internet Freedom.--There were no government restrictions on access 
to the Internet or reports that the Government monitored e mail or 
Internet chat rooms. Individuals and groups could engage in the 
peaceful expression of views via the Internet, including by e mail. 
Internet access was widely available, and over two thirds of the 
population used it regularly.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

    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 official state church; however, most cantons provided 
financial support from tax revenues to at least one of three 
traditional denominations, Roman Catholic, Old Catholic, or Protestant. 
Each of the 26 cantons has its own regulations regarding the 
relationship between church and state. Foreign missionaries must obtain 
religious worker visas to work in the country. Such visas were 
generally granted.
    Islamic organizations have complained that authorities in many 
cantons and municipalities discriminated against Muslims by refusing 
zoning approval to build mosques, minarets, or Islamic cemeteries. The 
efforts of Muslims in the Langenthal Community, Bern Canton, to 
construct a minaret continued to be delayed by such issues. The 
original building permit issued by the municipal authorities was 
cancelled by cantonal authorities in April 2007. Construction of a 
minaret in Sololthurn, which had been delayed by zoning issues, was 
completed during the year. Efforts of Muslims to construct facilities 
in St. Gallen reportedly were abandoned.
    Religious instruction was a part of the curriculum in most public 
cantonal schools except in Geneva and Neuchatel. Most schools offered 
classes in Roman Catholic and Protestant doctrine, but some schools 
included discussion of other religious groups present in the country. A 
number of cantons complemented or replaced traditional classes in 
Christian doctrine with nonconfessional teachings about religion and 
culture.
    The Department of the Interior's Federal Service for the Combating 
of Racism sponsored a variety of educational and awareness building 
projects to combat racism, xenophobia, and other forms of 
discrimination.

    Societal Abuses and Discrimination.--There were reports of societal 
abuses and discrimination based on religious beliefs or practices. Some 
observers remained concerned about the climate for members of religious 
minorities, particularly Muslims and Jews.
    According to the 2000 census, the most recent official data 
available, there were 17,914 members of the Jewish community, 
constituting 0.24 percent of the population. The Geneva based 
Intercommunity Center for Coordination against anti Semitism and 
Defamation recorded 38 anti Semitic incidents in the western, French 
speaking part of the country in 2007; they ranged from verbal and 
written assaults to offensive graffiti and acts of vandalism against 
Jewish property. The organization, Children of the Holocaust, which 
opposes anti Semitism, racism, and political extremism, recorded 37 
anti Semitic incidents in the German speaking part of the country in 
its annual report covering 2007.
    On February 12, an unknown assailant attacked a 60 year old Jewish 
man walking on a street in Zurich around noon. The victim was injured 
slightly but was able to fend off the attacker, who punched him and 
uttered anti Semitic slurs.
    An investigation was continuing into the May 2007 fire at the 
Hekhal Hanes synagogue in Geneva, which caused considerable material 
damage. Alfred Donath, the head of the Federation of Jewish 
Communities, told Radio RSR that the anti Semitic nature of the attack 
was undeniable; local authorities also attributed the fire to arson but 
did not specify a motive.
    The law penalizes public incitement to racial hatred or 
discrimination, spreading racist ideology, and denying crimes against 
humanity. The law does not name anti Semitism, Holocaust denial, or 
other specific offenses; however, convictions under this legislation 
have included anti Semitism and Holocaust denial.
    Schools across the country honored Holocaust Remembrance Day, 
January 27. The country is a member of the Task Force for International 
Cooperation on Holocaust Education, Remembrance, and Research.
    Some employers prohibited the wearing of headscarves in the 
workplace. For example, the second largest retailer announced that its 
dress code did not cover headgear and that it would not allow the 
wearing of the Islamic headscarf.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution provides for freedom 
of movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights in 
practice. The Government cooperated with the Office of the UN High 
Commissioner for Refugees and other humanitarian organizations to 
provide protection and assistance to refugees, asylum seekers, 
stateless persons, and other persons of concern.
    The constitution prohibits forced exile, and the Government did not 
employ it.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN 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 expulsion or 
return of refugees to countries where their lives of freedom would be 
threatened. The Federal Office for Migration relied on a list of ``safe 
countries,'' and would be refugees who originated in, or transited, 
these countries were generally ineligible to apply for asylum. 
Nongovernmental organizations (NGOs) criticized the inclusion of some 
countries in Eastern Europe and Africa that they considered not 
sufficiently stable to justify automatic rejection. Starting on January 
1, the Federal Office of Migration increased the scope of the ``safe 
countries'' list to include all European Union and European Free Trade 
Association countries that are commonly used as transit routes by 
asylum seekers. On April 25, the Federal Office of Migration concluded 
that repatriation to Syria could reasonably be envisaged, although each 
case should be closely examined. Some NGOs asserted that in 2007 the 
number of asylum requests that have been automatically turned down 
increased by 44 percent over 2006. According to Swiss government 
statistics, the number of such refusals decreased 6 percent in the 
first nine months of the year compared to the same period in 2007.
    The Government also provided temporary protection to individuals 
who may not qualify as refugees under the 1951 convention and the 1967 
protocol and provided it to 1,069 persons during the year; there were 
23,153 individuals with temporary protection status in the country as 
of November 30.
    Asylum applicants were required to present documentation verifying 
their identity within 48 hours, and authorities refused to process the 
applications of asylum seekers who were unable to provide a credible 
justification for their lack of acceptable documents or to show 
evidence of persecution. Authorities could detain uncooperative asylum 
seekers, subject to judicial review, for up to six months while 
adjudicating their applications. Rejected applicants could be detained 
for up to three months to ensure their departure or up to 18 months if 
repatriation posed special obstacles. Minors between 15 and 18 years of 
age could be detained up to 12 months pending repatriation. However, 
rejected asylum seekers were not generally detained, nor were they 
removed from the country. They were instructed to leave voluntarily. If 
they refused to return voluntarily, they could be forcibly repatriated.
    AI and other NGOs working with refugees complained that detained 
asylum seekers were often effectively denied proper legal 
representation in deportation cases because they lacked the financial 
means to obtain an attorney. Free legal assistance was only provided in 
cases of serious criminal offenses. The deportation of asylum seekers 
is an administrative, rather than judicial, process.
    Changes in the laws governing aliens and asylum seekers in 2006 and 
2008 imposed considerably stricter provisions than prior legislation. 
International organizations and NGOs raised concerns about the 
increasingly restrictive nature of the asylum process, which was also 
criticized by international organizations. In its report to the UN 
Human Rights Council, the Government reported that, while the number of 
asylum seekers declined steadily in recent years, the proportion of 
asylum approvals increased. The Federal Commission against Racism 
(FCR), a government organization, advised that the stricter 
verification system and limitations on support for the basic needs of 
persons who entered the country illegally should be scrutinized for 
``potential racially discriminatory effects.'' Legislators defended the 
changes as necessary to combat immigration and welfare fraud.
    The revisions in the legislation that governs refugees gave asylum 
applicants with temporary protection status easier access to the labor 
market and permitted them to bring their families into the country 
after a waiting period of three years.
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.

    Elections and Political Participation.--In October 2007 citizens 
chose a new Federal Assembly in free and fair elections. Political 
parties could operate without restriction or outside interference.
    There were 67 women in the 246 seat Federal Assembly and three 
women in the seven seat Federal Council (cabinet). The proportion of 
female representatives in cantonal legislatures remained 24 percent. 
Women held approximately one fifth of the seats in cantonal executive 
bodies.
    There was one member of an ethnic minority in the 200 seat National 
Council, the lower house of the Federal Asembly.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively.
    The head of the housing division at the national accident insurance 
was prosecuted on charges of selling buildings at prices below market 
levels in exchange for financial kickbacks. A court sentenced him to 
3.5 years in prison but an appeal to the federal court was pending.
    Members of the Federal Assembly must disclose their interests, 
professional activities, supervisory board or executive body 
memberships, and expert or consulting activities every year. 
Investigating and prosecuting government corruption is a federal 
responsibility. A majority of cantons also require members of cantonal 
parliament to disclose their interests. A joint working group 
comprising representatives of various federal government agencies works 
under the leadership of the federal Department of Foreign Affairs to 
combat corruption.
    The constitution requires the Government to inform the public about 
its activities, and government information was available freely to all 
persons living in the country, including foreign media. A transparency 
law provides for public access to government documents.
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 Abuses, and Trafficking in Persons
    The constitution prohibits discrimination on the basis of race, 
gender, disability, language, or social status. The Government 
generally enforced these prohibitions effectively.
    Violence against women and children, trafficking in persons, and 
discrimination against minorities were problems.

    Women.--Rape, including spousal rape, is a statutory offense, and 
the Government effectively prosecuted those accused of such crimes. 
According to a 2003 survey, more than 5 percent of women polled had 
been raped. In 2007 police recorded 648 instances of rape (compared 
with 639 in 2005) and there were 571 prosecutions (compared with 486 in 
2005) and 117 convictions.
    Domestic violence is a statutory offense. A court may order an 
abusive spouse to leave the family home as a temporary measure. 
Stalking is a punishable offense. Victims of domestic violence could 
obtain help, counseling, and legal assistance from specialized 
government agencies and NGOs or from nearly a dozen hot lines sponsored 
privately or by local, cantonal, and national authorities. In 2007, 
1,132 women and 993 children spent a total of 60,115 nights in 17 
women's shelters across the country. Although nationwide shelter 
capacity is encumbered on average up to 70 percent, in the cantons of 
Basel, Bern, and Zurich, half of the applicants for shelter reportedly 
had to be turned away, mostly due to a lack of space or adequate staff 
for dealing with severely traumatized individuals. The Interior 
Ministry's Federal Office for Equality between Women and Men has a 
special unit that focuses on domestic violence. Most cantonal police 
forces had specially trained domestic violence units. A majority of 
cantons also had special administrative units coordinating the 
activities of law enforcement agencies, prosecutors, and victim 
assistance groups.
    Violence against women was a problem. The Federal Office of Public 
Health published a survey showing that 80 percent of victims of 
domestic violence already had suffered previous assaults.
    Forced marriage is illegal. NGOs asserted the practice occurred, 
predominantly in underprivileged immigrant families, but its extent 
remained unknown. In 2006 the Asylum Appeals Commission ruled that 
forced marriage may be a reason to grant asylum.
    Female genital mutilation (FGM) is illegal, but there were reports 
that the practice occurred. The UN Children's Fund (UNICEF) estimated 
that there were nearly 7,000 circumcised women and girls in the country 
as a result of immigration from areas where FGM is practiced. UNICEF 
continued its efforts to raise awareness of FGM and, in cooperation 
with local gynecologists, has drafted guidelines for the medical care 
of circumcised women.
    In November 2007 a Zurich cantonal prosecutor opened criminal 
proceedings charging the parents of a 13 year old girl with grievous 
bodily harm in a case of FGM. The parents, of Somali origin, reportedly 
had their daughter circumcised at the age of two. It was the first time 
that judicial authorities undertook criminal proceedings in a case of 
FGM performed inside the country. In June a Zurich court sentenced the 
two parents to two year suspended prison sentences.
    Prostitution is legal; however, street prostitution is illegal 
except in specially designated areas in the major cities. Police 
estimates from 1999, the latest nationwide data available, indicated 
that approximately 14,000 persons were engaged in prostitution. 
Information from individual cantons suggested that the number has 
increased since then.
    The law prohibits sexual harassment and facilitates access to legal 
remedies for those who claim discrimination or harassment in the 
workplace; however, special legal protection against the dismissal of a 
claimant is only temporary. Employers failing to take reasonable 
measures to prevent sexual harassment are liable for damages equal to 
as much as six months' salary. In a government contracted survey of 
2,020 persons conducted in late 2006 and early 2007, 6.5 percent of 
respondents reported having suffered sexual harassment during the 
previous 12 months, and 18.1 percent had been subjected to sexual 
harassment at least once during their professional career. According to 
the study, women were three times more likely to be victims of sexual 
harassment than men.
    Women enjoy the same rights as men under the constitution, 
including in family law, property law, and in the judicial system; 
however, independent observers claimed that some laws, as interpreted 
by the courts, were discriminatory. For example, the Federal Tribunal 
ruled that the primary wage earner in a divorce must be left with 
sufficient income to remain above the poverty level. Since the primary 
wage earner in most marriages was the man, if the household income was 
too low to support both parties, the wife and children could be forced 
to resort to public assistance. In June 2007 the Federal Commission for 
Women's Issues concluded that twice as many women as men fell below the 
poverty line following a divorce.
    The Federal Office for Equality between Women and Men and the 
Federal Commission on Women worked to eliminate both direct and 
indirect gender discrimination. Many cantons and some large cities have 
equality offices to handle gender issues.
    Discrimination against women in the workplace is illegal, but women 
disproportionately held jobs with lower levels of responsibility. Women 
were promoted less frequently than men and were less likely to own or 
manage businesses.
    Under the constitution, women and men are entitled to equal pay for 
equal work; however, women's gross salaries were on average more than 
20 percent lower than men's. A government report issued in 2006 
estimated that 40 percent of the wage differential was due to gender 
discrimination.

    Children.--The Government was strongly committed to children's 
rights and welfare, and it amply funded a system of public education 
and need based subsidies of health insurance.
    Child abuse was a problem. In 2007 there were 4,243 reported cases 
of sexual assault against children. Most of the victims were girls 
below the age of 18. Most abuse took place in the family or the 
immediate social environment.
    During 2007 the national cybercrime monitoring body referred 278 
instances of illegal Internet child pornography to local prosecuting 
authorities, compared to 259 in 2006. In most cases the cantonal 
prosecuting office opened a criminal investigation; such investigations 
usually led to the confiscation of illegal material. The production, 
possession, distribution, or downloading from the Internet of 
pornography involving children is illegal and carries heavy fines or a 
maximum sentence of a year in prison. During the year the Government 
concluded a three year information campaign against child pornography 
on the Internet. To help combat child sex tourism, in October the Swiss 
federal police established a Web site with an online form to allow 
travel agencies and individuals to report suspicious travel.

    Trafficking in Persons.--The penal code prohibits all forms of 
trafficking in persons and provides for extraterritorial jurisdiction; 
however, there were reports that persons were trafficked to, from, and 
within the country and forced into prostitution or domestic servitude.
    Officials estimated the number of trafficking victims to be a few 
hundred a year. Federal police conjectured that between 1,500 and 3,000 
victims of human trafficking resided in the country during the year. 
According to authorities, most victims came from Central Europe, the 
former Soviet Union, Latin America, Southeast Asia, and, to a lesser 
extent, Africa. The country was primarily a destination and secondarily 
a country of transit for trafficked persons.
    The great majority of trafficking victims were women trafficked 
primarily for purposes of sexual exploitation, although trafficking for 
domestic servitude also occurred. Traffickers were mainly individuals 
and small groups related through ethnic, clan, or family ties and, 
occasionally, organized criminals.
    Trafficking in persons is punishable by a prison sentence of up to 
20 years, and coercing a person into prostitution by up to 10 years. In 
2007 authorities conducted at least 28 investigations and reported 
preliminary data on at least nine prosecutions. Of nine persons 
convicted, one trafficker was sentenced to 10 months, and one to two 
years and six months, in prison; the remaining seven received suspended 
sentences or fines and served no time in prison. The Coordination Unit 
against Trafficking in Persons and Smuggling of Migrants, which is 
linked to the Federal Office of Police, hired additional staff and 
coordinated and monitored all antitrafficking efforts, including those 
of a federal interagency task force. Authorities were active in 
international law enforcement activities and took the lead in 
coordinating several international trafficking investigations.
    A new law that entered into force early in the year included 
measures to reinforce the existing framework for granting potential 
trafficking victims a stay of deportation to permit them to recover 
from their trauma and consider participation in judicial proceedings. 
The new law authorizes the Government to waive normal immigration 
requirements and grant residency permits to victims and witnesses who 
would be in danger if they returned to their home countries. It also 
allows the federal government to assist victims logistically and 
financially in their voluntary return and reintegration into the 
societies of their home countries.
    The Government funded several antitrafficking information and 
education campaigns around the world. The Ministry of Foreign Affairs 
continued to provide specialized training to its consular staff and to 
distribute trafficking awareness information to visa applicants in 
local languages.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The constitution and law prohibit 
discrimination against persons with disabilities in employment, 
education, access to health care, and the provision of other state 
services, and the prohibition was generally enforced. The law mandates 
access to public buildings and government services for persons with 
disabilities, and the Government generally enforced these provisions in 
practice. In June 2007 voters approved a government proposed reform of 
the federal disability insurance scheme, which was facing financial 
difficulties. The reform restricts access to disability benefits but 
also offers better and timelier assistance to enable persons with 
disabilities to remain (partially) employed and strengthens incentives 
for employers to hire them.
    The Federal Equal Opportunity Office for Persons with Disabilities 
promoted awareness of the law and respect for the rights of the 
disabled through counseling and financial support for projects to 
facilitate their integration in society and the labor market. The 
Government continued a three year pilot project to empower persons with 
severe disabilities to live on their own. In September the Government 
decided to introduce the associated incremental costs of such 
assistance into federal disability insurance, stating that the pilot 
project, which began in 2006 in the cantons of Basel, St Gallen, and 
Valais already had demonstrated its utility.
    During the year, NGOs acting on behalf of disabled persons appealed 
to a federal court against local decisions in the cantons of Zug and 
Zurich to reject some citizenship applications because of the 
applicants' mental disabilities. These local decisions reportedly were 
based on the assumption that the applicants did not have the required 
mental capabilities to understand the importance and consequences of 
naturalization or that the applicants would be dependent on social 
welfare. Appeals to the federal court were pending in three cases.
    On December 3, on the occasion of the International Day of Disabled 
Persons, the Federal Statistics Office released the results of a study 
indicating that 64 percent of persons with disabilities participated in 
the labor market.

    National/Racial/Ethnic Minorities.--Right wing extremists, 
including skinheads, continued to be publicly active; police estimated 
that their numbers remained steady at approximately 1,200. Statistics 
gathered by the Foundation against Racism and Anti Semitism indicated 
that the total number of reported incidents against foreigners or 
minorities was 118 in 2007, up from the 93 incidents recorded in 2006. 
These figures included instances of verbal and written attacks, which 
were much more frequent than physical assaults.
    The objects of right wing hostility included foreigners, ethnic and 
religious minorities, and immigrants. Many of the violent incidents 
were clashes between right and left wing extremist groups.
    Authorities were continuing their investigation of a May 2007 
attack against a 43 year old immigrant from Angola at his place of work 
in a suburb of Zurich. Using chainsaws as weapons, the perpetrators 
inflicted severe injuries on the victim requiring extensive medical 
care. The victim reported that the attackers shouted statements against 
Africans during the attack.
    In March the Aargau cantonal police arrested five persons suspected 
of conspiring to throw a Molotov cocktail at an asylum center housing 
40 asylum seekers in the city of Stein im Fricktal. Four of the 
perpetrators were minors aged 17, and one was aged 20 at the time of 
the attack. All of the persons, described in the press as ``right 
extremists,'' reportedly admitted their involvement in the attack and 
said it was racially motivated and spontaneous. At year's end the 
police investigation phase had ended, and the case was under review by 
the cantonal prosecutor.
    The number of naturalizations of resident foreigners rose from 
26,860 in 2001 to 45,072 in 2007. In September 2007 the FCR released an 
official report on the country's naturalization procedures for foreign 
residents. The FCR concluded that the system, in which cantonal and 
local authorities are responsible for naturalization procedures, either 
by public assembly or by a special panel, sometimes resulted in 
discriminatory rejections, particularly of nationals of the former 
Yugoslavia, and of Muslims. The commission recommended that the power 
to grant citizenship be delegated to an elected executive body.
    The Jenisch are recognized by the Government as a minority group 
under the Convention for the Protection of National Minorities of the 
Council of Europe. While the large majority of the 30,000 35,000 
Jenisch in the country are settled, the Roma European Rights Center 
reported that representatives of the several thousand who continued to 
pursue an itinerant lifestyle urged the Government to carry out its 
promises to create new campsites and parking areas for them. A lack of 
proper camping facilities and transit areas reportedly forced many to 
occupy land illegally. The federal government allocated 750,000 francs 
(approximately $700,000) for measures and projects between 2007 and 
2011 to improve the Jenisch living conditions.
    The Department of the Interior's Federal Service for Combating 
Racism sponsored a variety of educational and awareness building 
projects to combat racism, xenophobia, and anti Semitism.

    Other Societal Abuses and Discrimination.--There were no reports of 
societal violence or discrimination based on sexual orientation.
    There were occasional reports of discrimination against persons 
with HIV/AIDS. On World Aids Day, the Swiss Aids Federation launched a 
new awareness campaign to combat prejudices and workplace 
discrimination against persons with HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law permits all workers, 
including foreigners, to form and join independent unions of their 
choice without previous authorization or excessive requirements, and 
workers exercised these rights in practice. Approximately 25 percent of 
the workforce was unionized.
    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 strike, and workers exercised this right 
by conducting legal strikes. However, collective bargaining agreements 
commit the social partners to maintaining labor peace, limiting the 
right to strike for the duration of the agreement. Such agreements 
generally last several years, with wages being negotiated annually. The 
Government may curtail the right of federal public servants to strike, 
but only for reasons of national security or safeguarding foreign 
policy interests. Public servants in some cantons and many 
municipalities are prohibited from going on strike.

    b. The Right to Organize and Bargain Collectively.--The law 
provides for the freedom to bargain collectively, and workers exercised 
this right. Approximately 50 percent of the work force was covered by 
collective bargaining agreements.
    Trade union leaders criticized the absence of a legal requirement 
obliging employees to offer reinstatement to an employee who is found 
to be unjustly dismissed. The law provides that a worker found to have 
been illegally dismissed is entitled to maximum compensation of up to 
six months' wages. Trade union leaders complained that this penalty was 
insufficient to deter abusive dismissals of union activists.
    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. Women were trafficked for sexual 
exploitation and domestic labor; there were isolated reports of 
trafficking in children. Trafficked women were often forced into 
prostitution and in many cases subjected physical and sexual violence, 
encouraged toward drug addiction, and incarcerated. Many victims were 
forced to work in salons or clubs.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
Government effectively enforced laws and policies to protect children 
from exploitation in the workplace; however, there were isolated 
reports of trafficking in children.
    The minimum age for fulltime employment is 15 years. Children 13 
and 14 years of age may be employed in light duties for not more than 
nine hours per week during the school year and 15 hours at other times. 
The employment of youths from 15 through 18 is also restricted and 
cantonal inspectorates strictly regulated these provisions. Children 
are not permitted to work at night, on Sundays, or in hazardous 
conditions.
    The Economics Ministry monitored the implementation of child labor 
laws and policies, but actual enforcement was the responsibility of the 
cantonal labor inspectorates; government officials inspected companies 
to determine whether there were violations of the child labor laws.

    e. Acceptable Conditions of Work.--There was no national minimum 
wage, which resulted in low average wages for workers and employees in 
the clothing, hospitality, and retail industries. A majority of the 
voluntary collective bargaining agreements, reached on a sector by 
sector basis, contained clauses on minimum compensation, ranging from 
2,200 to 4,200 francs (approximately $2,000 to $4,000) per month for 
unskilled workers and 2,800 to 5,300 francs (approximately $2,600 to 
$5,000) per month for skilled employees. These wages generally provided 
a decent standard of living for a worker and family; however, parties 
did not always adhere to these agreements. In September 2007 the 
Government released the results of a study involving the inspection of 
more than 31,000 companies between January 2006 and June 2007. The 
study found that 24 percent of inspected companies paid less than the 
minimum compensation provisions set in their collective bargaining 
agreements. This practice, known as ``wage dumping,'' was most 
prevalent in the construction and hospitality sectors.
    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. Premium pay for 
overtime must be at least 25 percent; overtime is generally restricted 
to two hours per day. Annual overtime is limited by law to 170 hours 
for those working 45 hours a week and to 140 hours for those working 50 
hours a week. The Government effectively enforced these regulations.

                               __________

                                 TURKEY

    Turkey, with a population of approximately 71.5 million, is a 
constitutional republic with a multiparty parliamentary system. The 
country has a president with limited powers elected, as of an October 
2007 referendum, by popular vote for a maximum of two five-year terms. 
President Abdullah Gul was elected in August 2007 by the single-chamber 
parliament, the Turkish Grand National Assembly. In July 2007 
parliamentary elections, considered free and fair, the Justice and 
Development Party (AKP) won the majority of seats and formed a one-
party government under Prime Minister Recep Tayyip Erdogan. There were 
six opposition parties and five independent members in parliament. 
Civilian authorities generally maintained effective control of the 
security forces.
    The Government generally respected the human rights of its 
citizens; however, serious problems remained in some areas. During the 
year human rights organizations documented a rise in cases of torture, 
beatings, and abuse by security forces. Security forces committed 
unlawful killings; the number of arrests and prosecutions in these 
cases was low compared with the number of incidents, and convictions 
remained rare. Prison conditions remained poor, with chronic 
overcrowding and insufficient staff training. Law enforcement officials 
did not always provide detainees immediate access to attorneys as 
required by law. There were reports that some officials in the elected 
government and state bureaucracy at times attempted to undermine the 
judiciary's independence. The overly close relationship of judges and 
prosecutors continued to hinder the right to a fair trial. Excessively 
long trials were a problem. The Government 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, the ``Turkish nation,'' or the institution and 
symbols of the republic. Limitations on freedom of expression applied 
to the Internet, and courts and an independent board ordered 
telecommunications providers to block access to Web sites on 
approximately 1,475 occasions. Non-Muslim religious groups continued to 
face restrictions on practicing their religion openly, owning property, 
and training leaders. Violence against women, including honor killings 
and rape, remained a widespread problem. Child marriage persisted. 
Incidents of police corruption contributed to trafficking in persons 
for labor and sexual exploitation.
    In April the Government reduced limitations on freedom of 
expression by amending Article 301 of the penal code to more narrowly 
define the circumstances under which speech may be criminalized and 
prosecuted. In June the Government amended the law to reduce 
restrictions on non-Turkish language broadcasts on state-owned 
television. On December 25, the Government expanded Kurdish language 
broadcasts with the introduction of a pilot, 24-hour state television 
channel in the Kurdish language. The Government took initial steps 
during the year to recognize and address the concerns of the Alevi 
population. In February the parliament amended the Foundations Law, 
expanding the ability of minority religious groups to acquire new 
property and recover confiscated property.

                        RESPECT FOR HUMAN RIGHTS

Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Arbitrary or Unlawful Deprivation of Life.--The Government or 
its agents did not commit any politically motivated killings; however, 
security forces killed a number of persons during the year.
    The nongovernmental association (NGO) Human Rights Foundation (HRF) 
reported that security forces caused the deaths of seven persons during 
demonstrations. On February 15, Yahya Menekse died under an armored 
police vehicle during a demonstration in Cizre, Sirnak. Official 
autopsy results confirmed that Menekse died as a result of being 
crushed under the vehicle. The Cizre District Governorship initially 
did not give permission to the Office of the Cizre Public Chief 
Prosecutor to investigate the death. On October 23, a Diyarbakir court 
reversed the district governor's decision and issued permission for the 
prosecution of seven policemen. The investigation was ongoing at year's 
end.
    On March 5, in Ercis, Van province, Mehmet Deniz suffered serious 
injuries and later died during a clash between demonstrators and 
security forces at a demonstration to mark World Women's Day.
    On March 22, police shot Zeki Erik in the chest during Nevruz 
celebrations in Van; he subsequently died in Van University Hospital.
    There continued to be reports that security forces shot and killed 
civilians who refused to obey a warning to stop. The Human Rights 
Association (HRA) reported that nine persons died and 12 were injured 
specifically for refusing to stop, an increase over the previous year.
    Human rights organizations stated that the Government's failure to 
clearly delineate appropriate situations to use lethal force, in the 
revised Antiterror Law or other laws, contributed to cases of 
disproportionate use of force.
    On July 26, a police officer in Bursa killed Gokhan Ergun for not 
obeying a warning to stop. A Bursa penal court prosecuted the police 
officer on charges of ``intentionally wounding in a way that causes 
death,'' releasing him on bail following a November 13 hearing. The 
trial was pending at year's end.
    On August 25, a checkpoint police team in Sivas fired on a car for 
refusing to obey a warning to stop, killing the driver, Turan Ozdemir.
    According to the HRF, security forces killed a total of 37 persons 
for refusing to obey a warning to stop, by haphazard police fire, or 
other extrajudicial killings.
    On October 11, Engin Ceber, who had been detained on September 28 
with three other youths for selling the leftist newspaper Yuruyus 
(March), died of a brain hemorrhage, reportedly as a result of beating 
by security forces during his detention. The detainees' attorney filed 
a criminal complaint against police officers at Istanbul's Istinye 
police station for allegedly beating the four youths, who were later 
transferred to Metris Prison. The justice ministry appointed an 
investigator to conduct a probe into the death, which was ongoing at 
year's end. On October 15, the Justice Minister publicly apologized for 
the use of disproportionate force by security forces. The Ministry of 
Justice suspended 19 prison personnel during the investigation.
    On December 29, an Istanbul prosecutor closed the investigation of 
seven police officers suspected in the death of Mustafa Kurkcu in 
Umraniye prison in June 2007 from cerebral hemorrhaging, allegedly as a 
result of abuse. Countering family observations of Kurkcu's condition 
and some medical reports, the prosecutor said the injuries occurred 
before Kurkcu's detention.
    There was no progress by year's end on investigating or prosecuting 
the case of Ejder Demir, an ethnic Kurdish citizen whom security forces 
shot and killed in September 2007 in the Asagi Kockiran village in 
eastern Van Province. An NGO delegation that visited the town after his 
death reported eyewitness statements that soldiers shot Demir in the 
back without warning; government officials maintained that Demir was 
trying to flee when shot.
    On November 6, an Istanbul court granted bail to police officer Ali 
Mutlu during his trial for the November 2007 death of 26-year-old 
Feyzullah Ete in the Avcilar neighborhood of Istanbul. Mutlu allegedly 
kicked Ete in the chest, after which Ete died of a heart attack. Ete 
and a friend had been drinking in a public park. Witnesses said police 
warned the victim and his friend prior to the physical confrontation. 
The trial was ongoing at year's end. There were no results at year's 
end of a related Ministry of Interior investigation into the officer's 
conduct.
    After a June 6 hearing, the trial continued at year's end of 
Jandarma officers Ali Kaya and Ozcan Ildeniz and alleged informant 
Veysel Ates related to the 2005 bombing of a bookstore that killed one 
person in Semdinli, Hakkari province, and the violent protests that 
followed. In May 2007 the court of appeals overturned the 2006 
conviction of Kaya and Ildeniz for the bombing, and the conviction of 
Ates in a separate case, directing the cases to be joined and tried in 
a military court. Related cases against Tanju Cavus for using excessive 
force against demonstrators after the bombing, and against bookstore 
owner Seferi Yilmaz for assisting and sheltering members of the 
terrorist organization Kurdish Workers' Party (PKK), were ongoing at 
year's end.
    On March 12, an Eskisehir criminal court acquitted attorney Tahir 
Elci of allegations that he tried to interfere with the prosecution of 
four police officers charged with the unlawful killing of Ahmet and 
Ugur Kaymaz in 2004. In 2007 prosecutors filed charges against Elci, 
who represented the Kaymaz family, after he spoke to the press about 
the case. The four officers were acquitted in April 2007.
    The HRF reported 32 suspicious deaths of prison inmates through 
December, a significant increase over 2007. At least 17 of the deaths 
were reportedly suicides.
    The case against an officer from the Beyoglu District of Istanbul 
for the August 2007 killing of Nigerian refugee Festus Okey was ongoing 
at year's end. Okey died in a police station in Istanbul during 
interrogation by the officer, who allegedly had a gun. The Beyoglu 
criminal court decided in November 2007 to send the case to the penal 
court under the charge of ``premeditated murder'' rather than 
``negligent killing.''
    According to the Government, 49 civilians were killed and 252 were 
injured, 143 members of the security forces were killed and 256 were 
injured, and 657 terrorists were killed in armed clashes related to the 
struggle against the PKK during the year. Most of the clashes occurred 
in the southeast. The numbers of civilian deaths and injuries 
significantly increased from 2007.
    According to the HRF, landmines and unattended explosives killed 24 
civilians and injured 43 during the year. Both security forces and the 
PKK used landmines.
    On several occasions throughout the year, government military 
aircraft attacked areas controlled by the PKK in northern Iraq 
following attacks in Turkey. According to press reports, one civilian 
was injured in these attacks.

    b. Disappearance.--There were two reports of politically motivated 
disappearances.
    On June 3, the relatives of Enver Elbat notified the HRA that Elbat 
had been missing since December 2007. Elbat's father reported that his 
son had been jailed for 12 years. He alleged the police told him to 
look for Elbat in the mountains when he requested more information 
about his son's disappearance.
    On July 29, the family of Hasan Onay notified the HRA that Onay had 
been missing since June 13 after allegedly being detained by the 
police. In December 2006 Onay and others resisted the police during a 
raid on the Basic Right and Freedoms Association. Onay escaped and had 
remained in hiding until his alleged detention.

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The constitution and law prohibit such practices; however, 
members of the security forces continued to torture, beat, and abuse 
persons.
    Human rights organizations and the European Commission reported a 
rise in cases of torture and abuse during the year. In a July 2007 
report, Amnesty International (AI) noted that a ``culture of impunity'' 
allowed police and Jandarma to escape accountability for torture and 
enabled courts to disregard medical evidence of torture and accept as 
evidence statements allegedly extracted under torture.
    Courts investigated many allegations of abuse and torture by 
security forces during the year; however, they rarely convicted or 
punished offenders. When courts did convict offenders, punishment 
generally was minimal and sentences were often suspended. Authorities 
typically allowed officers accused of abuse to remain on duty and 
occasionally even promoted them during their trials, which often took 
years.
    A December parliamentary Human Rights Investigation Commission 
report found that, between 2003-08, 2 percent of the 2,140 personnel 
who were investigated due to accusations of torture or mistreatment 
were given disciplinary sentences.
    The Turkish National Police (TNP) reported 14 cases of torture 
allegations and opened administrative and judicial investigations 
against 60 personnel. As of October 24, there were no cases of 
prosecution against alleged torture suspects that had resulted in 
conviction or firing. Four cases resulted in salary cuts.
    According to an October report by the Prime Ministry's Human Rights 
Presidency (HRP), the number of torture and cruel treatment cases 
reported in the first six months of the year surpassed the number 
reported in the first half of 2007. The HRP reported that, in the first 
half of the year, 178 persons reported cruel treatment and 26 reported 
torture, up from 79 reports of cruel treatment and 17 reports of 
torture during the same period in 2007.
    According to the HRA, there were 238 incidents of torture in the 
first nine months of the year. The reports involved a total of 178 
victims and 298 suspects (263 police, 15 Jandarma, and 20 other public 
servants).
    The HRF reported that, in the first nine months of year, 312 
persons applied to the HRF's centers for assistance. Of these, 182 
cases involved torture or abuse inflicted during the year; the rest 
involved abuse incidents that occurred previously. A number of human 
rights observers claimed that only a small percentage of detainees 
reported torture and abuse because most feared retaliation or believed 
that complaining was futile.
    In its October report, the NGO Societal and Legal Research 
Foundation (TOHAV) reported an increase in torture cases during the 
year. Based on a study of 275 surveys from individuals who submitted 
credible reports of torture from 2006 through February 28, TOHAV found 
that 210 of the victims were ethnic Kurds, 55 ethnic Turks, and 10 
ethnic Arabs. A total of 217 victims claimed that they were tortured 
for their political views, 36 for their sexual orientation, and 22 for 
criminal reasons. Fifteen of the victims said they were abused in a 
police car, 83 in open fields, and 76 in police stations. Only 70 of 
the torture allegations resulted in criminal complaints, and only five 
of those resulted in court cases, which were ongoing at year's end.
    The Council of Europe's Committee for the Prevention of Torture 
(CPT) and domestic human rights observers reported that security 
officials mainly used methods of torture and abuse that did not leave 
physical signs, including repeated slapping, exposing detainees to 
cold, stripping and blindfolding detainees, food and sleep deprivation, 
threatening detainees or their family members, dripping water on 
detainees' heads, isolation, and mock executions. Human rights 
activists, attorneys, and physicians who treated victims said that, 
because of increased punishments for torture and abuse, police who 
engaged in these practices often did so outside of police detention 
centers to avoid detection.
    Human rights activists maintained that those arrested for ordinary 
crimes were as likely to suffer torture and mistreatment in detention 
as those arrested for political offenses, such as speaking out against 
the Government, although they were less likely to report abuse. 
Observers believed that security officials tortured some political 
detainees to intimidate them and send a warning to others with similar 
political views. Authorities allegedly tortured some suspects to obtain 
confessions.
    On September 17, police officer Gazi Ozuak from the Van Security 
Directorate was arrested on charges of torturing theft suspect Zeki 
Simsek. Ozuak had detained Simsek for alleged involvement in a theft 
nine days earlier. Simsek's claim at his subsequent arraignment that he 
had been tortured with nails and cigarettes during his interrogation 
was verified by a medical report by the Van State Hospital.
    On September 28, police detained Engin Ceber, Ozgur Karakaya, Aysu 
Baykal, and Cihan Gun for distributing copies of Yuruyus (March), a 
leftist newspaper. The youth were distributing the paper in protest of 
the shooting and paralysis of Ferhat Gercek by police in 2007 while 
distributing the same paper. Their attorney filed a criminal complaint 
against police officers at Istanbul's Istinye police station for 
allegedly beating the four youths, who were later transferred to Metris 
Prison. On October 6, Ceber was moved to a hospital for treatment and 
declared dead on October 11; an investigation into the death was 
ongoing at year's end (see Section 1.a.). On October 15, the Justice 
Minister publicly apologized for the use of disproportionate force by 
security forces. The Ministry of Justice suspended 19 prison personnel 
during the investigation.
    In the related case of the October 2007 shooting and paralysis of 
Ferhat Gercek while he was selling Yuruyus, in June Gercek identified 
the police officer who shot at him during an investigation into the 
events. Gercek was indicted and faced 15 years and four months' 
imprisonment for resisting arrest; the eight police officers who 
arrested him were indicted and faced up to nine years' imprisonment for 
disproportionate use of force. The cases were postponed after accused 
police officers failed to appear for the first hearing.
    On September 30, Derya Bakir suffered fractures in both legs due to 
alleged cruel treatment by 20 guards while visiting his brother, held 
at the Ankara Sincan ``F-Type'' (maximum security) prison for being a 
member of a leftist organization. The guards reportedly began to beat 
him for failing to leave the visitation room in time, resulting in his 
left foot being broken.
    At year's end, there was still no investigation into the March 2007 
criminal complaint filed by a Diyarbakir woman alleging police tortured 
her while she was visiting her detained husband at a polic station. She 
alleged that one of the officers held her while the other beat her with 
a police baton for approximately one hour. The police denied any 
mistreatment.
    On December 29, an Istanbul prosecutor closed the investigation of 
seven police officers suspected in the death of Mustafa Kurkcu in 
Umraniye prison in June 2007 from cerebral hemorrhaging, allegedly as a 
result of abuse. Countering family observations of Kurkcu's condition 
and some medical reports, the prosecutor said the injuries occurred 
before Kurkcu's detention.
    At year's end, there was still no investigation into the July 2007 
alleged police beating in Istanbul of Sinan Tekpetek, a leader of 52 
Percent, a group that protests the country's university entrance exam 
system, and editor of 52 Percent Anger magazine and Ozgur Hayat (Free 
Life) newspaper. Tekpetek alleged that police officers sprayed him with 
tear gas and beat him during a traffic stop, then drove him to a field 
where they continued to beat him before driving away and throwing him 
out of the moving car.
    Human rights organizations documented several cases of prison 
guards beating inmates during the year.
    On January 17, three prisoners held in Bolu ``F-Type'' prison, 
Muzaffer Akengin, Deniz Guzel, and Naif Bal, filed an official 
complaint to public prosecutors alleging they were beaten with sticks 
and kicked by prison guards. On December 1, the prosecutor launched 
cases against the three for insulting officers, and prison 
administrators sentenced the prisoners to two months of ``discipline 
punishment.''
    In July 2007, Hurriyet newspaper published an expose by reporter 
Aydin Dogan regarding allegations that two boys, aged 17 and 18, were 
tortured early in the year by prison officials while they were 
imprisoned for 10 days on allegations, later withdrawn, that the boys 
had committed rape in a boys' shelter. At year's end, HRF reported that 
no investigation had been opened.
    In September 2007 attorneys Filiz Kalayci, Murat Vargun, and 
Ibrahim Vargun alleged that a team of guards at Kirikkale ``F-type'' 
prison severely beat and mistreated their two clients after they were 
transferred to Kirikkale from Sincan prison earlier that month. The 
attorneys observed that their clients had injuries such as bruising, 
broken teeth, and difficulty standing or breathing after the transfer. 
There were no reports of an investigation at year's end.
    On March 7, in the third criminal trial opened against 12 orphanage 
employees accused of abusing children at the Malatya State Orphanage in 
2005, the Malatya penal court sentenced eight orphanage employees to 
one year in prison for ``neglecting their duties,'' but postponed 
execution of the sentence. Two other criminal trials against the 
orphanage employees on charges of abuse continued at year's end. The 
investigations began in 2005 when media aired footage of employees 
beating naked orphanage children, some of whom alleged they had been 
forced to eat excrement. A physical examination procured evidence that 
21 of 46 children had been subjected to torture, including severe 
beatings and hot water burns.

    Prison and Detention Center Conditions.--Prison conditions 
generally improved during the year, but facilities remained inadequate. 
Underfunding, overcrowding, and insufficient staff training were 
problems.
    At year's end, the Ministry of Justice reported that the country 
had 391 prisons with a capacity of 92,497 and with a total of 90,837 
inmates, 53,229 of whom were detainees awaiting trial.
    According to the Turkish Medical Doctors' Association, prisons were 
not adequately staffed with doctors, and psychologists were available 
only at some of the largest prisons. Several inmates claimed they were 
denied appropriate medical treatment for serious illness. The HRA 
reported that in the first nine months of the year, 370 prisoners were 
denied access to appropriate medical treatment.
    Foreigners who claimed asylum after being detained by security 
forces were held in ``guest houses for foreigners'' operated by the 
Foreigners' Department of the Ministry of Interior. According to the 
United Nations High Commissioner for Refugees (UNHCR), detained asylum 
seekers reported insufficient food and medical attention and 
overcrowded conditions.
    Despite the existence of separate juvenile facilities, at times 
juveniles and adults were held in adjacent wards with mutual access. 
Observers reported that detainees and convicts occasionally were held 
together. Inmates convicted for nonviolent, speech-related offenses 
were sometimes held in high-security prisons.
    The Government has permitted prison visits by representatives of 
some international organizations, such as the CPT, which last conducted 
one of its periodic visits to the country in 2004. In May 2007 a CPT 
delegation visited the Imrali High Security Closed Prison where PKK 
leader Abdullah Ocalan was the sole prisoner. The CPT visited 
psychiatric facilities in 2006. Domestic NGOs did not have access to 
prisons. Domestic human rights organizations and activists reported 
that prison monitoring boards composed of government officials and 
private individuals were ineffective.
    In July 2007 the Ministry of Justice issued a regulation that 
restricted the ability of members of parliament to visit inmates who 
were convicted of terrorism or violations against the constitution and 
state. According to government sources, officials adopted the 
regulation to prevent possible attempts by the pro-Kurdish Democratic 
Society Party (DTP) deputies to visit Abdullah Ocalan. Human rights 
activists called the measure undemocratic and argued that reducing 
parliamentarians' access to prisons would diminish oversight of 
continuing problems, such as torture.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention; however, the Government at times did not observe 
these prohibitions.

    Role of the Police and Security Apparatus.--The TNP, under Ministry 
of Interior control, is responsible for security in large urban areas. 
The Jandarma, paramilitary forces under joint Ministry of Interior and 
military control, is responsible for policing rural areas. The Jandarma 
is also responsible for specific border sectors where smuggling is 
common; however, the military had overall responsibility for border 
control. Human rights groups reported that judicial police, established 
to take direction from prosecutors during investigations, continued to 
report to the Ministry of Interior.
    A civil defense force known as the village guards, concentrated in 
the southeast, was less professional and disciplined than other 
security forces. The village guards were accused repeatedly of drug 
trafficking, corruption, theft, rape, and other abuses. Inadequate 
oversight and compensation contributed to the problem, and in many 
cases Jandarma allegedly protected village guards from prosecution. 
Although security forces were generally considered effective, the 
village guards, Jandarma, and police special forces were viewed as most 
responsible for abuses. Corruption and impunity remained serious 
problems.
    Progress was made to overhaul the village guard system with a May 
2007 law passed by parliament that limits the total number of village 
guards under normal circumstances to 40,000; provides that the Council 
of Ministers may increase this number by up to 50 percent; provides 
continued employment for current guards; establishes a mandatory 
retirement age at age 55; provides a partial salary for early 
retirement; provides for a pension to guards who served more than 15 
years; and requires the Ministry of Interior to establish procedures 
for hiring, firing, training and otherwise regulating the guard system. 
According to government officials, the law is intended to gradually 
phase out the system through retirement while providing social support 
for the 63,000 current village guards.
    The TNP and Jandarma received specialized training in a number of 
areas, including human rights and counterterrorism. According to the 
Government, the armed forces emphasized human rights in training for 
officers and noncommissioned officers.
    The Ministry of Interior reported that, through October, judicial 
and administrative cases were initiated against 60 security personnel 
for excessive use of force and torture. Four personnel received salary 
cuts, but none were fired or convicted for torture or excessive use of 
force. Investigations were dropped in 22 judicial cases, and in 29 
administrative cases it was determined that there was ``no need to 
punish'' or ``no need to reach a decision.''
    The Ministry of the Interior reported that 93 cases against 
security personnel for mistreatment and excessive use of force were 
concluded during the year from previous years. Eighty-four resulted in 
acquittal and nine personnel were convicted. No personnel were fired.
    On October 8, the court of appeals overturned a sentence of three 
years and four months' imprisonment for eight police officers who were 
convicted of causing the death of detainee Alparslan Yelden in 1999. 
The high court ruled that the police officers should have been 
acquitted.
    In October a Burdur penal court sentenced the three commanders of 
the Bucak Jandarma command headquarters to two years' imprisonment and 
disqualification from office for one year each on charges of 
``torturing in detention.'' In 2000, 17 villagers were detained and 
beaten in the Jandarma headquarters on accusations of theft.

    Arrest and Detention.--Warrants issued by a prosecutor are required 
for arrests unless the suspect is caught in the commission of a crime. 
A suspect may be detained for 24 hours, with prosecutorial discretion 
to extend the period to 48 hours, excluding transportation time, before 
being arraigned by a judge. There is a functioning bail system. 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. The law provides that detainees are entitled to 
immediate access to an attorney and to meet and confer with an attorney 
at any time. The law requires the Government to provide indigent 
detainees with a public attorney in criminal cases where the defendant 
faces a penalty of more than five years in prison.
    Private attorneys and human rights monitors reported irregular 
implementation of these regulations, particularly with respect to 
attorney access. According to a number of local bar associations, 
attorney access for detainees remained consistent with the previous 
year and continued to vary widely across the country. Numerous bar 
association representatives and human rights organizations reported 
that in urban areas most detainees consulted with attorneys soon after 
being detained, while in rural areas, particularly the southeast, there 
was a higher number of cases where defendants did not have immediate 
access to an attorney. The HRA observed no change in the percentage of 
detainees consulting with attorneys.
    Human rights observers noted that, in most cases where a defendant 
could not afford an attorney, one was provided; however, in terrorism-
related cases an attorney was frequently not provided until after the 
suspect had been detained and interrogated by security forces. 
Provincial bar associations continued to face difficulties providing 
such attorneys because the Government was behind on compensation 
payments for such work.
    The HRA claimed police often intimidated detainees who asked for 
attorneys, for example by telling them a court would assume they were 
guilty if they consulted an attorney during detention. Detainees were 
generally allowed prompt access to family members; however, human 
rights organizations reported that they were hindered from helping 
families find out whether a relative had been detained because the 
Government refused to release such information to the organizations.
    In February 2007 parliament amended the Law on the Duties and 
Competencies of Police to significantly expand the authority of 
security forces to search and detain a suspect. Under the amended law, 
police and Jandarma may compel a citizen to declare his identity 
without any cause. The HRA stated that the expanded authority was 
contrary to legal and civil rights.
    During the year police routinely detained demonstrators. Police 
detained several members of the DTP party on various occasions. Police 
continued to detain and harass members of human rights organizations, 
the media, and monitors. Police continued to detain persons on 
suspicion of ``membership in an illegal organization'' and for the 
distribution of leftist material.
    On July 14, prosecutors in Istanbul indicted 90 persons, including 
prominent military, business, and press corps personalities, on charges 
of plotting to foment unrest and topple the elected government as 
members of an organization labeled the ``Ergenekon Network.'' The 
indictment included allegations that the group plotted assassinations 
of public figures, including religious leaders, as well as planned 
beatings and bombings of prominent individuals. When the trial opened 
on October 20, there were 86 persons named in the indictment. Some 
members of the press and critics of the Government considered the 
indictment to be politically motivated. Several individuals were held 
without charge for approximately a month prior to the July 14 
indictment.
    Lengthy pretrial detention was a problem. The law provides 
detainees the right to request speedy arraignment and trial; however, 
judges have ordered that some suspects be detained indefinitely, at 
times for years, without trial.

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary; however, the judiciary was occasionally subject 
to outside influence. There were reports of judicial corruption.
    The law prohibits the Government from issuing orders or 
recommendations concerning the exercise of judicial power; however, the 
Government on occasion launched formal investigations against judges 
who had spoken critically of the Government or state structure.
    There was at least one instance of a government official making a 
statement that could be interpreted as instructions to the judiciary. 
In November Justice Minister Mehmet Ali Sahin granted permission for 
the prosecution of Temel Demirer on charges of violating Article 301. 
Before the trial, Sahin said, ``I will not let someone call my state 
'murderer.' This is not freedom of expression. This is exactly what the 
crime of insulting the person of the state is.''
    The High Council of Judges and Prosecutors was widely criticized 
for undermining the independence of the judiciary. The Justice Minister 
serves as chairman of the seven-member council, and the undersecretary 
of the Ministry of Justice also serves on the council. The council's 
rules stipulate that one of these two officials must preside over 
meetings. The council selects judges and prosecutors for the higher 
courts and is responsible for oversight of the lower courts. The 
council is located in the Ministry of Justice and does not have its own 
budget. While the constitution provides for job security through 
tenure, the council controls the careers of judges and prosecutors 
through appointments, transfers, promotions, and reprimands.
    On April 30, the parliament passed an amendment to Turkish Penal 
Code Article 301, which criminalizes insults to the Turkish state. 
Previously, it had been a crime to insult ``Turkishness.'' The 
amendment provides for greater separation between the court and 
ideologically motivated attorneys by requiring the approval of the 
Justice Minister for charges of violating Article 301 to proceed to 
court. However, the Turkish Publishers Association (TPA) continued to 
find that prosecutors and courts accepted certain classes of cases 
filed by ideologically motivated attorneys, such as those involving 
allegations of insulting the state or Ataturk, but ignored complaints 
of violations of human rights.
    In December 2007, the Higher Board of Prosecutors and Judges closed 
for lack of evidence its investigation opened in March 2007 against 
Ankara Kazan sub-provincial judge Kemal Sahin for allegedly insulting 
the judiciary in a 2006 newspaper article. Sahin had written that the 
judiciary was losing credibility and objectivity because judges face 
the fear of being investigated by the High Council if they pursue 
certain crimes or cases.
    The close connection between public prosecutors and judges gave the 
appearance of impropriety and unfairness in criminal cases. Prosecutors 
and judges study together before being assigned by the High Council. 
Once appointed, they are housed together, frequently share the same 
office space, and often work in the same courtroom for more than five 
years.
    In December 2007 the Government enacted a law that codified the 
practice of subjecting all judicial candidates to a written and an oral 
examination administered by the Ministry of Justice and established a 
mechanism to allow private attorneys with five years' experience who 
are younger than 35 to enter the judiciary's ranks. The Union of 
Turkish Bar Associations organized a rally that month protesting the 
oral examination provision, which it asserted would allow the Ministry 
of Justice to select candidates based on political considerations. The 
Government maintained that the law merely codified prior practice and 
was necessary to fill thousands of vacant posts for judges. At year's 
end, the High Council continued to make judicial appointments.
    According to several regional bar associations, the Government 
devoted insufficient resources to public defense. The associations also 
noted that public defense attorneys underwent less rigorous training 
than their prosecutorial counterparts and were not required to take an 
examination to demonstrate a minimum level of expertise.
    The judicial system is composed of general law courts; specialized 
heavy penal courts; military courts; the Constitutional Court, the 
country's highest court; and three other high courts. The High Court of 
Appeals hears appeals for criminal cases, the Council of State hears 
appeals of administrative cases or cases between government entities, 
and the audit court audits state institutions. Most cases were 
prosecuted in the general law courts, which include civil, 
administrative, and criminal courts. The Ministry of Justice reported 
that none of the regional appeals courts established by 2004 
legislation to relieve the high court's caseload were operational at 
year's end and that the project was postponed due to delays in building 
new court houses and assigning judges and prosecutors. In November the 
European Commission noted this as ``a matter of concern.''
    The Constitutional Court examines the constitutionality of laws, 
decrees, and parliamentary procedural rules, and hears cases involving 
the prohibition of political parties. If impeached, ministers and prime 
ministers can be tried in the Constitutional Court. However, the court 
cannot 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, hear cases involving military law for members of the armed 
forces. Military courts can also hear cases involving crimes committed 
by both civilians and military personnel.
    Administrative and bureaucratic barriers impeded prosecutions and 
contributed to the low number of convictions of security force 
personnel for human rights abuses. Under the law courts could not 
convict unless a defendant attended at least one trial session. Police 
defendants occasionally 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.
    According to a 2007 AI report, criminal defendants faced numerous 
violations of their right to a fair trial during courtroom proceedings. 
The report found that courts frequently refused to hear defense 
witnesses, despite a new law allowing the defense to call its own 
witnesses; courts and prosecutors often refused to consider new 
exculpatory evidence; pretrial and trial periods frequently lasted for 
many years due in part to a severe backlog of cases; courts often did 
not allow defendants to take part in pretrial hearings; and courts 
frequently failed to provide defendants with qualified interpreters.
    According to the AI report, defendants in cases that were 
transferred from state security courts, abolished in 2004, to heavy 
penal courts often faced the same judges and prosecutors who presided 
over their cases in the state security courts. The report also found 
that these judges frequently failed to investigate or take into account 
allegations that confessions were brought about by torture or 
allegations of long periods of ``unofficial'' detention with no access 
to legal counsel. The report noted that defendants in these cases were 
being sentenced on the basis of evidence extracted under torture or 
other mistreatment.

    Trial Procedures.--There is no jury system; a judge or a panel of 
judges decides all cases. Trials are public for all cases except those 
involving minors as defendants. The law requires bar associations to 
provide free counsel to indigents who request it from the court if the 
potential sentence is more than five years, and bar associations across 
the country did so in practice. Defendants have the right to be present 
at trial and to consult with an attorney in a timely manner. Defendants 
or their attorneys can question witnesses for the prosecution and 
present witnesses and evidence on their behalf. Defendants and their 
attorneys have access to government-held evidence relevant to their 
cases. Defendants enjoy a presumption of innocence and the right to 
appeal.
    International human rights organizations and the European Union 
(EU) stated that the courtroom structure and rules of criminal 
procedure gave an unfair advantage to the prosecution. Prosecutors 
enter the courtroom through the same door as the judge; defense 
attorneys enter through a separate door. Prosecutors sit at an elevated 
desk that is at the same level as that of the judge; the defense sits 
at floor level. During the trial, the prosecutor may himself call any 
witness desired, whereas the defense must request that the judge call a 
witness. Judges decide whether to ask and how to phrase defense 
counsel's questions, but ask all of the prosecution's questions in the 
exact form presented.
    The law provides for the right to a speedy trial; however, at times 
trials lasted for years. Proceedings against security officials often 
were delayed because officers did not submit statements promptly or 
attend trials.
    The law prohibits the use of evidence in court obtained by torture; 
however, prosecutors in some instances failed to pursue torture 
allegations, forcing defendants to initiate a separate legal case to 
determine whether the evidence should be excluded. Human rights 
organizations reported that in such instances the primary case 
frequently was concluded before the secondary case was decided, 
effectively rendering the secondary case moot, and leading to unjust 
convictions.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees from the Ministry of Justice. However, 
the HRA asserted that there were several thousand political prisoners, 
including leftists, rightists, and Islamists, and contended that the 
Government does not distinguish them as such. The Government claimed 
that alleged political prisoners were in fact charged with being 
members of, or assisting, terrorist organizations. According to the 
Government, 2,232 convicts and 2,017 pretrial detainees were being held 
in prison on terrorism charges through September 2007.
    International humanitarian organizations were allowed access to 
alleged political prisoners, provided they could obtain permission from 
the Ministry of Justice. In practice organizations were rarely granted 
such permission.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters. The law provides that all 
citizens have the right to file a civil case for compensation for 
physical or psychological harm suffered.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law allows for phone tapping with a court order. 
There were occasional complaints by individuals and public figures, 
including higher court members and politicians, that their phones were 
tapped. In June the court of appeals annulled a lower court decision 
that ruled Jandarma had permission to tap phones. Only the Turkish 
Telecommunication Agency was authorized to tap phones when presented 
with a court order directed against alleged drug traffickers, organized 
crime members, and terrorists.
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 continued to limit 
these freedoms in occasional cases. Some senior government officials 
made statements during the year strongly criticizing the press.
    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, ``Turkishness,'' Ataturk, or the 
institutions and symbols of the republic. Other laws also restricted 
speech, such as the Antiterror Law and laws governing the press and 
elections.
    On April 30, the parliament passed a constitutional amendment to 
reform Article 301, which criminalizes insults to the Turkish state. 
Previously, it had been a crime to insult ``Turkishness.'' The 
amendment requires the approval of the Justice Minister in order for 
charges of violating Article 301 to proceed to court. However, the TPA 
continued to find that prosecutors and courts accepted certain classes 
of cases filed by ideologically motivated attorneys, such as those 
involving allegations of insulting the Turkish state or Ataturk.
    Justice Minister Sahin reported that the court continued 527 
Article 301 cases during the year, after concluding 217 cases in 2007. 
After May 15, the Ministry of Justice received 519 applications to 
initiate a court case under amended Article 301 charges. The minister 
granted permission for 70 cases to proceed.
    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, the question of Turks of Kurdish and 
other ethnic or religious origins as ``minorities,'' and the history of 
the Turkish-Armenian conflict at the end of the Ottoman Empire. 
However, persons who wrote or spoke out on such topics, particularly on 
the Armenian issue, risked prosecution. The TPA reported that serious 
restrictions on freedom of expression continued despite legal reforms 
related to the country's EU candidacy.
    The TPA reported that it faced more problems related to publishing 
of books and articles on the Kurdish issue than in the previous year. 
The most serious problem during the year remained the large number of 
complaints filed by ideologically motivated attorneys.
    According to the Government, there were no journalists held on 
speech violations during the year. However, the TPA reported there were 
21 journalists in jail for the content of their reporting, including 
Kurdish media members and those accused of being leftist dissidents.
    On June 19 and July 3, a Diyarbakir court tried nine children, ages 
12 to 17, for ``promulgating propaganda on behalf of an illegal 
organization'' after they sang a Kurdish folk song that is also the 
anthem of Iraq's Kurdistan Regional Government at the San Francisco 
International Music Festival in October 2007. Three boys were tried in 
an adult court in Diyarbakir on June 19 and the other six members were 
tried in children's court on July 3. In both cases, the charges were 
dropped because the judge determined that the song was sung upon 
request. An arrest warrant remained active for the choir director, 
Duygu Ozge Bayar, who had not returned to the country after the 
festival.
    In December an Istanbul court acquitted prominent transsexual 
singer Bulent Ersoy of alienating people from military service. On 
February 24, Ersoy said during a television interview that, if she had 
a son, she would not send him to fight in the cross-border operations 
in northern Iraq.
    In July 2007, police detained Gazi University students Durmus Sahin 
and two friends for five days after Sahin criticized Health Minister 
Recep Akdag during a campaign stop by refusing to shake his hand and 
calling him a ``traitor.'' Akdag filed a complaint with the local 
prosecutor, who brought charges under Article 301. The students face 
imprisonment for six months to two years if convicted. The case was 
ongoing at year's end.
    At year's end, the case continued of Tulga Hepis, who was arrested 
in October 2007 for allegedly insulting Turkishness by dressing his dog 
in a shirt depicting the Turkish flag during an antiterrorism rally in 
Bodrum. Hepis told police his aim was not to insult Turkishness but to 
show patriotism.
    Throughout the year, law enforcement and the judiciary increased 
pressure on members of the pro-Kurdish DTP. The most common tactic used 
was investigation and prosecution of DTP leaders for speaking in the 
Kurdish language or for making statements critical of the Government.
    In February the DTP sub-provincial chairman in Istanbul's Fatih 
district, Mehdi Tanrikulu, was convicted for speaking Kurdish during 
judicial proceedings in 2007, and was sentenced to five months' 
imprisonment.
    On April 22, a court convicted DTP Diyarbakir provincial chairman, 
Hilmi Aydogdu, of inciting hatred and sentenced him to 15 months in 
prison for suggesting that Kurds would fight the Government if 
government forces ever attacked Kurds in Iraq. He was found guilty of 
threatening public safety after he warned the Government against taking 
any action in Kirkuk and was banned from politics. In February 2007, 
police had arrested Aydogdu for the statements; Aydogdu later clarified 
his remarks to mean that he was suggesting the Government extend a hand 
of friendship to Kurds in northern Iraq.
    In April ethnically Kurdish former parliamentarian Leyla Zana was 
sentenced to two years' imprisonment by a Diyarbakir criminal court for 
``spreading terrorist propaganda.'' In December she received a sentence 
of 10 years' imprisonment from the same court for violating the penal 
code and Antiterror Law in nine speeches in which she honored jailed 
PKK leader Abdullah Ocalan.
    In May the Justice Minister dismissed the case against former DTP 
chairman Nurettin Demirtas and former co-chair Selma Irmak, who were 
charged in September 2007 with violating Article 301 for handing out 
flyers with accusations against the military on International World 
Peace Day.
    In September a Mersin penal court convicted the DTP Mersin Province 
deputy and 2007 election candidate Orhan Miroglu for using Kurdish 
during his electoral speeches. The court put Miroglu on probation for 
five years. On September 28, an Antalya penal court sentenced the 
former DTP Antalya Province branch chairman, Mustafa Gul, to 18 months' 
imprisonment for using the honorific ``sayin'' (esteemed) to describe 
jailed PKK leader Abdullah Ocalan in a January 27 speech.
    On November 27, a Diyarbakir court acquitted the DTP mayor of 
Batman, Huseyin Kalkan, of making propaganda for an illegal 
organization for his remarks on the PKK and Kurdish sentiments in the 
Los Angeles Times in 2006, after two Turkish citizens filed a criminal 
complaint.
    Mayor of Diyarbakir Osman Baydemir continued to face multiple 
charges and investigations for use of the Kurdish language. At year's 
end, he faced four cases for sending Kurdish language holiday cards 
during the year. In October 2007, the Diyarbakir public prosecutor 
opened two cases against Baydemir, demanding sentences of five and four 
and one-half years, for referring to the PKK as the ``armed Kurdish 
opposition.'' The cases were pending at year's end.
    Security officials also prohibited the use of Kurdish in prisons in 
several cities. The HRA reported 171 instances of such prohibitions 
during the first nine months of the year.
    Early in the year the Ministry of Justice reportedly distributed a 
memorandum asserting that speaking in any language other than Turkish 
was forbidden by the 2006 Prison Regulations Law. In June Sabah 
reported that Fettah Karatas, an inmate in Erzurum Prison, was not 
permitted to speak in Kurdish on the phone with his mother, who did not 
speak Turkish.
    On July 14, Birgun reported that the Van Prison prohibited the use 
of Kurdish and put those who insisted on speaking Kurdish in solitary 
cells. Birgun reported that authorities did not deliver letters written 
in Kurdish at several prisons.
    The country had an active print media independent of state control. 
There were hundreds of private newspapers that spanned the political 
spectrum.
    The Government owned and operated the Turkish Radio and Television 
Corporation (TRT). According to the High Board of Radio and Television 
(RTUK), as of June there were 213 local, 16 regional, and 23 officially 
registered national television stations and 952 local, 102 regional, 
and 36 national radio stations. In addition, 66 television channels 
were operating on the cable network, and RTUK granted 87 television 
enterprises and 48 radio enterprises satellite licenses and broadcast 
permits necessary for operation. Two additional enterprises carried out 
activities as satellite platform operators. 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 owned by large, private 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. Observers noted that media conglomerates increasingly used 
media as a tool to build pressure against government policies.
    Prosecutors harassed writers, journalists, and political figures by 
bringing dozens of cases to court each year under various laws that 
restricted media freedom; however, judges dismissed many of these 
charges. Police harassed and beat journalists during at least one 
demonstration. Authorities ordered raids of newspaper offices, closed 
newspapers temporarily, issued fines, or confiscated newspapers for 
violating speech codes. Despite government restrictions, the media 
criticized government leaders and policies daily and in many cases 
adopted an adversarial role with respect to the Government.
    On April 2, an Istanbul court acquitted journalists Lale 
Sariibrahimoglu of Today's Zaman newspaper and Ahmet Sik of Nokta news 
magazine of violating Article 301. In 2007 the court opened an 
investigation after Sik published a Nokta story in which 
Sariibrahimoglu expressed concern about the ``mentality'' of the 
military and its role in internal security.
    On April 11, an Istanbul court acquitted Alper Gormuz, editor-in-
chief of Nokta, of slander charges brought against him by a retired 
naval forces commander, Admiral Ozden Ornek. In April 2007, 
approximately 50 police officers from an antiterrorism unit had 
received a warrant to search the employees and office of the Nokta 
weekly magazine following Nokta's publication of an article that 
explored the relationship between unnamed civil society groups and the 
military, citing the diary of Ornek as its source. AI noted that state 
security denied Nokta staff access to their computers even though the 
search warrant allowed only for files to be copied.
    On September 16, an Istanbul court sentenced journalist Cengiz 
Kapmaz to 10 months in prison for his 2006 interview in Ulkede Ozgur 
Gundem with former Democratic Party deputy Orhan Dogan. During the 
interview Dogan said that the PKK should be permitted a political 
personality. The court also fined the administrators of the newspaper.
    On September 23, the European Court of Human Rights (ECHR) ruled 
against the Government for punishing Sakine Aktan, a reporter for the 
newspaper Ozgur Bakis, for interviewing the president of the Kurdistan 
Journalists' Association. An Istanbul security court had sentenced 
Aktan to 20 months' imprisonment in 2001 and then fined him in February 
for his 1999 interview.
    On September 25, an Istanbul court sentenced Hurriyet journalist 
Sebati Karakurt and editors Necdet Tatlican and Hasan Kilic to 1,000 
days in prison in connection with a 2004 interview with a member of the 
People's Defense Forces, a militant wing of the PKK. They were charged 
under the Antiterror Law. The sentences were later changed to fines of 
40,000 lira ($30,600).
    On November 27, an Istanbul court acquitted journalist and writer 
Perihan Magden of charges of alienating people from military service. 
On February 19, a case was opened against Magden for a column she wrote 
on January 8 that encouraged conscientious objection from mandatory 
military duty.
    In November the Prime Ministry did not renew the press licenses of 
six journalists, for the purported reason that the reporters had issued 
inaccurate content. International PEN and other organizations called 
the dismissals part of a pattern of intimidation of journalists.
    At year's end, the investigation continued into the December 2007 
beating of Andreas Rombopulos, editor-in-chief of the Greek language 
newspaper Iho, outside the newspaper's office in Istanbul by two 
unknown attackers.
    The trial of Ogun Samast, suspected of murdering prominent human 
rights activist Hrant Dink in January 2007, was ongoing at year's end. 
Dink, the editor-in-chief of the bilingual, Turkish-Armenian weekly 
newspaper Agos, was killed outside of his office building in Istanbul. 
The trial against Samast began in July 2007; he reportedly admitted 
shooting Dink during an October 1 session of the trial. The 
investigation resulted in the arrest and indictment of an additional 19 
suspects, eight of whom remained in detention. Government officials 
criticized the killing, while a national debate ensued concerning 
ultranationalism and the true source of culpability. Dink had 
previously been convicted in 2005 for ``insulting Turkishness'' in an 
article he wrote on Turkish-Armenian relations.
    In September Dink's family made an official complaint to the 
Supreme Board of Judges and Prosecutors against the judges of the 
regional administration court who did not authorize a trial against the 
Istanbul security director, Celattin Cerrah, and the Istanbul 
Intelligence Branch's former director, Ahmet Ilhan Guler. Three state 
inspectors condemned Cerrah and Guler for not investigating warnings 
received prior to the killing. Investigations into similar cases of 
negligence of duty in Trabzon, Samsun, and Istanbul continued at year's 
end.
    In October the Ministry of Justice approved continuance of the case 
against publisher and writer Temel Demirer under Article 301. Demirer 
had been charged for a statement he made after Dink's killing, calling 
for the recognition of the tragic events of 1915 as ``genocide.'' The 
case continued at year's end, as did a separate trial of Demirer for 
speaking about Ibrahim Kaypakkaya, a former leader of the Turkish 
communist movement.
    The Government maintained significant restrictions on the use of 
Kurdish and other minority languages in radio and television 
broadcasts. In June amendments to the law permitted the state-owned 
television channel to broadcast nationally in languages other than 
Turkish during the entire day, as opposed to half of the day. The 
amendments were challenged in the Constitutional Court, where the 
appeal was pending at year's end. RTUK regulations required non-Turkish 
language radio programs to be followed by the same program in Turkish 
and non-Turkish language television programs to have Turkish subtitles. 
Start-up Kurdish broadcasters reported that these were onerous 
financial obligations that prevented their entry into the market. On 
December 25, the state-owned TRT broadcasting company started a pilot 
24-hour station dedicated to news, music, and cultural events 
broadcasting in Kurdish and other non-Turkish languages. The 
programming does not include Turkish subtitles and carries no time 
limitations for news broadcasts.
    Officials at Radyo Imaj reported that they faced increasing 
pressure in the form of two continuing administrative closure cases and 
efforts by unknown parties to jam the station's frequency, reportedly 
because the station played Kurdish music and conducted occasional 
Kurdish language interviews. Government officials responded that Radyo 
Imaj never obtained legal rights to the frequency at issue and was only 
one of numerous stations waiting for a frequency to become available. 
Radyo Imaj continued to broadcast over the Internet.
    The TPA reported that, unlike the previous year, the banning and 
recall of books was a concern. Five publications were recalled without 
a final court decision during the year. Writers and publishers were 
still prosecuted on grounds of defamation, denigration, obscenity, 
separatism, subversion, fundamentalism, and blasphemy. Printing houses 
were required to submit books and periodicals to prosecutors at the 
time they are published. According to the TPA, prosecutors investigated 
and in several cases pressed charges against printing houses for late 
submission of materials deemed problematic. The TPA reported that 
publishers often avoided works with controversial content. According to 
the TPA, from June 2007 to June 2008, authorities investigated or 
opened court cases against 38 authors and 22 publishing houses for 47 
books they had either written or published. These cases resulted in 
eight acquittals, 17 convictions, seven dismissals, and 18 ongoing 
cases. The TPA noted that publishers continued to be held liable for 
books whose authors were foreigners or living abroad.
    The case against Atilla Tuygan for translating two books dealing 
with Turkish-Armenian relations continued at year's end. The case was 
opened in May 2007 after the books' publisher, Ragip Zarakolu, was 
acquitted, and the court ruled that Tuygan should be tried instead. In 
a second case, Raqip Zarakolu was convicted on June 19 and sentenced to 
five months in prison for publishing The Truth Will Set Us Free, a book 
describing the experience of the author's grandmother during the tragic 
events of 1915. The court postponed the imposition of punishment, and 
Zarakolu and his lawyer appealed the verdict. The appeal was ongoing at 
year's end.
    Authorities routinely censored media with pro-Kurdish or leftist 
content, particularly in the southeast, by confiscating materials or 
temporarily closing down the media source.
    On September 1, an Istanbul court halted the publication of Ozgur 
Ulke for one month for publishing information on rights violations in 
prisons and reporting on military operations.
    On October 7, an Istanbul court halted publication of Kurdish daily 
newspaper Azadiya Welat for ``propagandizing the PKK and publishing its 
statements.'' On October 8, the Istanbul Public Prosecution stopped the 
publication of Kurdish weekly Yedinci Gun for one month for allegedly 
praising the PKK.
    Some members of the AKP party and Prime Minister Erdogan continued 
to file suits against journalists and cartoonists during the year. 
Human rights organizations, publishing associations, and journalists 
alleged that those litigious tendencies created an environment of self-
censorship.
    In October cartoonist Mehmet Cagcag was fined 4,000 lira ($3,060) 
by an Ankara court for using Prime Minister Erdogan's image in a 
critical photo montage. Erdogan had asked for 20,000 lira ($15,300) in 
a civil case against the cartoonist for insulting him. An appeal was 
pending at year's end.
    Several large holding companies which owned news agencies in the 
country were concerned over losing business opportunities if their 
journalists wrote articles critical of the Government. One journalist 
reported that his senior management discouraged the company's 
journalists from writing articles critical of the AKP or its members.
    Senior government officials, including Prime Minister Erdogan, made 
statements during the year strongly criticizing the press and media 
business figures, particularly following the publishing of reports on 
alleged corruption in entities in Germany connected to the ruling 
party.
    Under the law editors at media organizations that disclose the 
identities of public personnel fighting terrorism may be fined, and a 
judge may order the closure for up to one month of a publication that 
``makes propaganda for terrorist organizations.'' Former president 
Ahmet Necdet Sezer challenged the law in the Constitutional Court, 
arguing that such restrictions violate the constitution. At year's end, 
the Constitutional Court had not ruled on the case, and the laws 
remained in effect.
    During the year cases against the press under the Antiterror Law 
continued. The TPA and human rights groups reported that the law 
contains an overly broad definition of offenses that allows 
ideologically and politically motivated prosecutions. The status of at 
least 550 cases opened against pro-Kurdish daily Ozgur Gundem under the 
Antiterror Law was unclear at year's end. Some NGOs reported there had 
been convictions in some of these cases during the year.

    Internet Freedom.--The Internet was widely available in the 
country. It was used in schools, libraries, private Internet cafes, and 
other public locations, and the Government encouraged its use. There 
were some restrictions on Internet access.
    In May 2007 the Government adopted a new Internet law governing 
criminal and civil law violations. The law allows the Government to ban 
a Web site if there is sufficient suspicion that one of eight crimes is 
being committed by the site: encouraging suicide; sexual abuse of 
children; facilitation of drug abuse; provision of dangerous substances 
for health care; obscenity; prostitution; gambling; or crimes regulated 
in Turkish Code 5816 (crimes against Ataturk). Upon receiving a 
complaint or as a result of personal observations, a prosecutor may 
file an application to prohibit access to the offending site or, in an 
urgent situation, the prosecutor or the Telecommunication Presidency 
may impose a ban. In either case, a judge must rule on the matter 
within 24 hours. Following a judicial ban order, the Internet service 
provider (ISP) must block access within 24 hours. If the judge does not 
approve the block, the prosecutor must ensure access is restored. The 
ISP may face a penalty ranging from six months' to two years' 
imprisonment for failing to comply with a judicial order. The law also 
allows individuals who believe a Web site violates their personal 
rights to request the ISP to remove the offensive content. By December 
1, the court and prosecutors had issued 1,475 distinct orders to ban 
Web sites in response to approximately 17,768 complaints, a significant 
increase over the approximately 900 bans ordered in the previous year.
    In May, for the third time, an Istanbul court banned access to the 
``YouTube'' Web site to block a cartoon video that lampooned the 
country's founding father, Ataturk. Access remained restricted at 
year's end.
    Controversial author Adnan Oktar, widely known as an 
antievolutionist who authored the book Atlas of Creation, successfully 
petitioned for the closure of six Web sites. On September 3, a Sisli 
court banned the Web site of British evolutionary biologist Richard 
Dawkins in response to a petition filed by Oktar's lawyers claiming 
that Dawkins posted insults about Oktar. On September 24, a Gebze court 
restricted access to the Web site of the Education and Science Workers' 
Trade Union for publishing criticisms of Oktar's perspectives. On 
October 15, a Silivri court restricted access to the newspaper Vatan's 
Web site for permitting a reader's comment on an article in the online 
version of the newspaper that criticized Oktar. At year's end, all of 
the bans remained in effect.
    Government authorities on rare occasions accessed Internet user 
records 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.

    Academic Freedom and Cultural Events.--There were generally no 
government restrictions on academic freedom or cultural events; 
however, a court convicted one academic who publicly supported views 
contrary to the official state ideology, and there was some self-
censorship on sensitive topics.
    On January 29, an Izmir court sentenced suspended Gazi University 
professor Atilla Yayla to one year and six months in prison under a law 
pertaining to the ``protection of Ataturk'' for saying in 2006 that 
Kemalism was ``more regressive than progressive.'' The court later 
offered to cancel Yayla's punishment if he does not commit a similar 
crime for two years. The verdict remained under appeal at year's end.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The law provides for freedom of assembly; however, the 
Government restricted this right in practice. Significant prior 
notification to authorities is required for a gathering, and 
authorities may restrict meetings to designated sites.
    The HRF reported that security forces killed seven persons during 
demonstrations, and there were reports that police beat, abused, 
detained, or harassed some demonstrators during the year.
    The Ministry of Interior reported that police detained 3,119 
persons involved in demonstrations through October. These detentions 
varied in length from several hours to several days.
    Approximately 180 public events around the country celebrating the 
Nevruz holiday in March were generally peaceful. Some organizers 
applied for permission to celebrate on March 22, instead of March 21, 
so participants would not miss work. However, a mayoral decision in Van 
permitted the celebration to occur only on March 21. During an 
initially peaceful protest against the decision on March 22, police 
shot and killed one person and injured 155 after the crowd did not 
abide by police requests to disperse. Police also killed one 
demonstrator during protests against a similar decision by Yuksekova 
officials. According to one public official, security forces killed two 
demonstrators, injured 187 others, and detained 653 persons during 
Nevruz demonstrations throughout the country.
    On May 1, police used excessive force to prevent labor unions and 
other civic organizations from gathering in Taksim Square to mark the 
31st anniversary of ``Bloody Labor Day,'' when over 30 persons were 
killed in the square after gun shots into the crowd from an unknown 
source prompted a stampede. Istanbul's governor denied permits for use 
of the square for the demonstrations, but unions associated with the 
Revolutionary Workers' Unions publicized their intention to hold them 
anyway. On the morning of May 1, police besieged the headquarters of 
the Revolutionary Workers' Union and fired tear gas as members prepared 
for the event, and the union president decided not to march to Taksim 
in order to minimize injuries. Police also fired tear gas into a 
children's hospital near Taksim Square and used water cannons, batons, 
and tear gas to disperse demonstrators, including journalists covering 
the event. One journalist suffered a broken arm. Istanbul's governor 
announced that police detained 530 persons, although many were released 
the same evening. Six police officers and 32 civilians were injured. 
There were no reported trials resulting from the May 1 incident.
    In late August the Sinop Governorate banned Ecotopia, an 
international camp for environmentalists, on the grounds that its 
antinuclear protests disturbed the peace and harmed the image of the 
city. Environmentalists protested the decision and police detained 32 
protestors.
    On September 18, a Diyarbakir court sentenced one demonstrator, 
Abdullah Gurgen, to one year in prison for chanting pro-PKK slogans 
during a rally in Siirt. The court later postponed the punishment and 
prohibited him from participating in demonstrations for one year.
    In 2006 the first session of a case against 54 police officers 
began for alleged use of excessive force during a 2005 international 
Women's Day demonstration in Istanbul. The case was ongoing at year's 
end.

    Freedom of Association.--The law provides for freedom of 
association; however, there continued to be several restrictions on 
this right in practice.
    Under the law persons organizing an association do not need to 
notify authorities beforehand, but an association must provide 
notification before interacting with international organizations or 
receiving financial support from abroad, and must provide detailed 
documents on such activities. Representatives of associations said this 
placed an undue burden on their operations.
    On November 28, the Supreme Court of Appeals overturned an Istanbul 
court's decision ordering the closure of the lesbian, gay, bisexual, 
and transgender solidarity organization, Lambda Istanbul. On May 29, 
the Istanbul court had ruled that Lambda Istanbul's objectives violated 
Turkish ``moral values and family structure,'' justifying its closure.
    According to the Third Sector Foundation of Turkey, an advocacy 
NGO, the criteria for NGOs to obtain public benefit status that 
entitles them to certain tax exemptions were restrictive and 
complicated. Applications for public benefit status must be approved by 
the Council of Ministers. The law does not allow applicants to appeal 
if their petitions are rejected.

    c. Freedom of Religion.--The constitution and laws provide for 
freedom of religion, and the Government generally respected this right 
in practice; however, the Government imposed significant restrictions 
on Muslim and other religious groups.
    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 Government oversees Muslim religious facilities and education 
through its Directorate of Religious Affairs (Diyanet), which is under 
the authority of the Prime Ministry. The Diyanet regulates the 
operation of the country's 77,777 registered mosques and employs local 
and provincial imams, who are civil servants. A few groups, 
particularly Alevis, claimed that the Diyanet reflected mainstream 
Sunni Islamic beliefs to the exclusion of other beliefs; however, the 
Government asserted that the Diyanet treated equally all who request 
services.
    Academics estimated the Alevi population at 15 to 20 million, 
including ethnic Turks, Kurds, and Arabs. In general, Alevis follow a 
belief system that incorporates aspects of both Shia and Sunni Islam 
and draws on the traditions of other religions found in Anatolia as 
well. The Government considers Alevism a heterodox Muslim sect; 
however, some Alevis and absolutist Sunnis maintain that Alevis are not 
Muslims.
    Alevi ``cem houses'' (places of gathering) have no legal status as 
places of worship in the state. However, two municipalities ruled that 
Alevi cem houses are considered places of worship. On September 3, the 
Kusadasi municipal assembly voted unanimously to consider a cem house 
as a temple. In October the Tunceli municipal assembly voted 
unanimously to provide temple status to cem houses. Both assemblies 
included members from major parties, who voted also to apply mosque 
tariffs to the cem houses' utility charges as part of efforts to 
improve relations with the Alevi community.
    In 2006 authorities in the Sultanbeyli municipality of Istanbul 
reportedly banned the construction of a cem house on the grounds that 
the Pir Sultan Abdal Association, an Alevi group, had not acquired the 
necessary construction permits. Association officials said the local 
mayor and his staff had attended the groundbreaking ceremony and 
promised not to interfere with the project. The municipality filed a 
case against the association after it proceeded with construction 
following the ban; in January 2007 the court decided in favor of the 
municipality. The municipality had not demolished the cem house at 
year's end.
    During the year the Government took initial steps to recognize and 
address the concerns of the Alevi population. The minister of culture 
and tourism participated in the December 23 opening ceremony of an 
independent, autonomous Alevi Academic and Cultural Institute during 
which he officially apologized for the past treatment of Alevis.
    Mystical Sufi and other religious-social orders (tarikats) and 
lodges (cemaats) are officially prohibited; however, tarikats and 
cemaats remained active and widespread. Many prominent political and 
social leaders continued to associate with these religious-social 
orders, lodges, and other Islamic societies.
    A separate government agency, the General Directorate for 
Foundations (GDF), regulated a few administratively critical activities 
of non Muslim religious groups and their affiliated churches, 
monasteries, synagogues, and related religious property. There were 161 
``minority foundations'' recognized by the GDF, including Greek 
Orthodox foundations with approximately 74 sites, Armenian Orthodox 
foundations with approximately 50 sites, and Jewish foundations with 
approximately 20 sites, as well as Syrian Christian, Chaldean, 
Bulgarian Orthodox, Georgian, Protestant, and Maronite foundations. The 
GDF also regulated Muslim charitable religious foundations, including 
schools, hospitals, and orphanages.
    In July 2007, the Jehovah's Witnesses received a letter of 
certification confirming their official registration as the 
``Association for the Support of Jehovah's Witnesses.'' However, due to 
their stance as conscientious objectors to military service, they 
continued to face difficulties. According to Jehovah's Witnesses 
officials, harassment of their members included arrests, court 
hearings, verbal and physical abuse, sleep deprivation, strip searches, 
and psychiatric evaluations by security forces. At year's end, members 
of Jehovah's Witnesses had three applications pending with the ECHR 
that alleged government mistreatment, and they also continued to appeal 
restrictions on worship at four kingdom halls based on zoning laws.
    Religious affiliation is listed on national identity cards. A few 
religious groups, such as the Baha'i, are unable to state their 
religion on their cards because it is not included among the options; 
they have expressed their concerns to the Government. In 2006 
parliament adopted legislation allowing persons to leave the religion 
section of their identity cards blank or change the religious 
designation by written application. However, the Government reportedly 
continued to restrict applicants' choice of religion; members of the 
Baha'i community stated that government officials had told them that 
despite the new law, they would still not be able to list their 
religion on the cards.
    Some members of the military, judiciary, and other branches of the 
bureaucracy continued to wage campaigns against what they labeled 
proponents of Islamic fundamentalism. These groups viewed religious 
fundamentalism as a threat to the secular state. The National Security 
Council categorized religious fundamentalism as a threat to public 
safety.
    According to the human rights NGO Mazlum-Der and other groups, a 
few 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 
periodically dismissed 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. 
There were some reports that officers in governmental ministries faced 
discrimination because they were not considered by their supervisors to 
be sufficiently observant of Islamic religious practices.
    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 and noncommissioned officers were periodically dismissed for 
ignoring repeated warnings from superior officers and maintaining ties 
to what the military considered to be Islamic fundamentalist 
organizations. In August the Government reported no military 
dismissals, however in its December session it issued 24 dismissals, 
five of which pertained to alleged Islamic fundamentalism.
    The Government did not recognize the ecumenical status of the Greek 
Orthodox Patriarch, acknowledging him only as the head of the country's 
Greek Orthodox community. As a result, the Government has long 
maintained that only citizens of the country could become patriarch, 
serve as members of the Greek Orthodox Holy Synod, and participate in 
patriarchal elections. Nevertheless, officials did not respond to the 
ecumenical patriarch's appointment of six non-Turkish metropolitans to 
the Holy Synod in 2004. Members of the Greek Orthodox community 
asserted that these restrictions threatened the survival of the 
patriarchate in Istanbul, because, with a dwindling population of no 
more than 3,000 Greek Orthodox persons in the country, the community 
was becoming too small to maintain the institution. In January Prime 
Minister Erdogan stated that the Greek Orthodox Patriarch's use of the 
title ``ecumenical'' should not be a matter on which the state should 
rule. In December the Ministry of Foreign Affairs provided one-year 
visas for foreign clergy working at the Ecumenical Patriarchate. 
Previously, such clergy had to leave and return every three months to 
obtain new tourist visas.
    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 did not own property 
recognized by the GDF, often took place on diplomatic property or in 
private apartments. Unlike in 2007, police and prosecutors did not take 
steps to prevent or punish such gatherings.
    Many local officials continued to impose standards on churches, 
such as minimum space requirements, that are not imposed on mosques. In 
numerous incidents, the Protestant community faced the requirement of 
having to purchase 2,500 square meters of land in order to construct a 
church, no matter the size of the congregation. Protestant 
representatives also faced severe difficulty in receiving the legally 
required municipal approval to build churches in centrally-located 
areas.
    The Ecumenical Patriarchate in Istanbul continued to seek to reopen 
the Halki seminary on the island of Heybeli in the Sea of Marmara. The 
seminary was closed in 1971, when the patriarchate chose not to fulfill 
a government requirement for all private institutions of higher 
learning to nationalize. The patriarchate found it impossible to comply 
with the order. 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 a few cases, but in 
general all religious community leaders, including patriarchs and chief 
rabbis, must be citizens.
    In August three muhtars (the lowest level of non-partisan elected 
official with limited authority) in Midyat filed a criminal complaint 
with a local prosecutor against the Syriac Saint Gabriel Monastery 
alleging it illegally appropriated territory by building a wall. On 
September 4, a Cadastre court ruled against the monastery and reclaimed 
all but 30 percent of the monastery's lands. Official papers from the 
1950s documented the provincial administrative board's approval of the 
monastery's borders. The monastery does not have legal status and is 
represented by a foundation established during the Ottoman Empire. The 
foundation applied to the ECHR, and three related cases were also 
pending before the ECHR at year's end.
    On December 16, the ECHR issued two judgments against the 
Government for violating the property rights of two Armenian 
foundations in cases pertaining to properties they formerly owned. The 
Samatya Surp Kevork Armenian Church, School and Cemetery Foundation and 
the Yedikule Surp Pirgic Armenian Hospital Foundation brought cases to 
the ECHR after Turkish courts ruled that the foundations' charters did 
not give them the right to acquire immovable property.
    No law explicitly prohibits proselytizing or religious conversions; 
however, many prosecutors and police regarded proselytizing and 
religious activism with suspicion. Police occasionally prevented 
Christians from handing out religious literature. Christians performing 
missionary work were occasionally beaten and insulted. Police officers 
sometimes reported students who met with Christian missionaries to 
their families or to university authorities.
    Several foreigners who were practicing Christians and had lived 
with their families in various cities for many years, reported 
governmental harassment during the year, including denial of residence 
and work permits that had been granted in previous years, monitoring by 
Jandarma, and receiving threats to themselves and their families. These 
persons reported that they worshiped in their homes but did not 
proselytize by distributing Bibles, going door-to-door, or undertaking 
similar activities.
    Authorities continued to enforce a long-term ban on wearing 
headscarves at universities. Unlike in 2007, there were no reports of a 
similar enforcement for civil servants who worked in public buildings. 
Students who wore head coverings were not permitted to register for 
classes, although some faculty members permitted students to wear head 
coverings in class. Some wore wigs instead. In February the parliament 
passed constitutional amendments designed to lift the ban on wearing 
headscarves on university campuses. On June 5, the Constitutional Court 
ruled that amendments intended to permit the wearing of headscarves in 
universities violated the secular nature of the state and were 
therefore unconstitutional.
    In 2006 attorney Alparslan Arslan opened fire in the Council of 
State, responsible for a ruling earlier that year preventing the 
promotion of a nursery school teacher who wore the Islamic headscarf 
outside of the classroom. Arslan killed Judge Mustafa Yucel Ozbilgin 
and injured four other judges; his trial was ongoing at year's end. The 
Ergenekon indictment mentioned the case and alleged Arslan was involved 
with the Ergenekon group.
    The law establishes eight years of compulsory secular education, 
after which students may pursue study at imam hatip (Islamic preacher) 
high schools. Imam hatip schools were classified as vocational, and 
graduates of vocational schools faced an automatic reduction in their 
university entrance examination 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 enrolled 
their children in imam hatip schools did so to expose them to more 
extensive religious education, not to train them as imams.
    The constitution establishes compulsory religious and moral 
instruction in primary and secondary schools. Religious minorities are 
exempted. However, a few religious minorities such as Protestants faced 
difficulty obtaining exemptions, particularly if their identification 
cards did not list a religion other than Islam. The Government claimed 
that the religion courses covered the range of world religions; 
however, religious minorities asserted the courses reflected Sunni 
Islamic doctrine, which they maintained explained why non-Muslims were 
exempt.
    Many Alevis alleged discrimination in the Government's failure to 
include any of their doctrines or beliefs in religion courses. In 
October 2007 the ECHR ruled in favor of an Alevi parent who in 2004 
filed a suit claiming the mandatory religion courses violated religious 
freedom. Since then, the Government added 10 pages of an overview of 
the Alevi belief system to the textbook for the final year of religious 
and moral instruction. In August and September, Alevi organizations 
protested what they perceived to be the Government's insufficient 
solution.
    In March the Council of State ruled in favor of an Alevi couple who 
requested that their son be exempt from the religion course at school 
in two different cases.
    Officially recognized minorities may operate schools under the 
supervision of the Ministry of Education. The curriculum of these 
schools included Greek Orthodox, Armenian Orthodox, and Jewish 
instruction.
    Only the Diyanet is authorized to provide Koran courses outside of 
school, although unofficial clandestine private courses existed. 
Students who complete five years of primary school may enroll in 
Diyanet Koran classes on weekends and during summer vacation. Only 
children older than 12 may legally register for official Koran courses, 
and Mazlum-Der reported law enforcement authorities often raided 
illegal courses for younger children. According to Diyanet figures, 
there were nearly 5,000 official Koran courses throughout the country.
    Numerous religious groups, particularly the Greek and Armenian 
Orthodox communities, have lost property to the Government and 
continued to fight ongoing government efforts to expropriate 
properties. Many such properties were lost because the law allows the 
GDF 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 GDF 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.
    The law allows the 161 minority foundations recognized by the GDF 
to acquire property, and the GDF has approved 365 applications by non-
Muslim foundations to acquire legal ownership of properties. A February 
amendment to the law facilitated the return of expropriated minority 
foundation properties; however, it does not account for properties that 
have been sold to third parties or to those expropriated when the 
associated foundations have been taken under government control. These 
conditions applied to the majority of expropriated Greek Orthodox 
properties.
    On July 8, the ECHR ruled that the country had violated the 
Ecumenical Patriarchate's property rights to a former orphanage on 
Buyukada Island.
    The law has no provisions to accommodate those who conscientiously 
object to military service.
    On June 2, an Istanbul court sentenced conscientious objector Halil 
Savda to six months in prison for distancing the public from completing 
compulsory military service. Savda already served sentences of 20 
months and five months for refusing to wear a military uniform and to 
shave a beard he maintained due to his religious beliefs.
    In December, a military court acquitted Mehmet Bal of charges of 
disobeying orders and desertion after completing nine of 15 months of 
compulsory service. Bal insisted he was a conscientious objector.
    On October 11, Ahmet Karayay was arrested in Ankara for announcing 
his status as a conscientious objector in a public square. Karayay was 
released pending the trial, which continued at year's end.

    Societal Abuses and Discrimination.--Reports of attacks on persons 
practicing Christian faiths dropped. Authorities took measures during 
the year to implement a June 2007 Ministry of Interior circular to 
governors requesting action to prevent violence against non-Muslims. 
Non-Muslims in Ankara, Izmir, and Trabzon reported that police took 
extra security measures during special religious services.
    On January 25, there were reports that five youths stoned the Izmit 
branch of the Istanbul Protestant Church Foundation, causing material 
damage. Later in January the foundation's Christian Turkish 
administrator in Istanbul received a threat from a citizen who had 
recently attended services at the church.
    In February a 17-year-old youth was arrested and charged with 
threatening the leader of Agape Church in Samsun. The suspect was 
arrested for making similar threats in January 2007 but was released 
and reportedly continued to threaten the church.
    On April 14 and 15, unidentified youths stoned the building of a 
Protestant congregation in the Derince district of Kocaeli for two 
nights in a row, breaking most of the windows. Security police were 
posted at the building after the incident, but there were no reports of 
associated arrests or investigations by year's end.
    In March 2007 a hand grenade was thrown into the courtyard of the 
house of the president of the Syriac Churches Foundation in Mardin's 
Midyat district. Police opened an investigation after the incident, but 
there were no reports of an arrest or a court case by year's end.
    On December 29, an Izmir court sentenced Ramazan Bay, who stabbed 
and injured Priest Adriano Francini in December 2007 in Izmir, to five 
years' imprisonment, but later reduced it to four years and two months 
for good behavior. He also was sentenced to an extra five months and a 
375 lira (approximately $287) fine for carrying a switchblade.
    The trial of 11 youths alleged to have killed three members of a 
Protestant church in Malatya in April 2007, including a German citizen, 
continued at year's end. The victims were found in the office of a 
company that publishes books on Christianity; police caught four 
suspects as they tried to leave the building, while a fifth jumped out 
of the window and was hospitalized. A total of 11 suspects were charged 
in connection with the killings, five of whom remained in custody as 
the investigation continued. The trial began in November 2007. Five 
defendants faced multiple life sentences for murder and terrorist acts 
and another two were charged with assisting in the planning of the 
murders. Judges and lawyers for the case suggested there were possible 
links to the ongoing Ergenekon case. In August the prosecuting 
attorneys requested the Ergenekon file from an Istanbul court.
    In February one of the attorneys representing the families of the 
Malatya victims filed a complaint with the Ankara public prosecutor's 
office regarding threats he had received and suspicions that his e-mail 
and telephone calls were being monitored and used to manipulate 
information to discredit him. Authorities subsequently provided him 
protection.
    In November 2007 security officials thwarted a planned attack on a 
priest at St. Paul's Church in Antalya. The officials had been 
investigating suspect Murat T. for his ties to other crimes when they 
discovered a telephone conversation in which he declared his intent to 
kill the priest. He remained under arrest at year's end for his alleged 
involvement in five cases of arson and was transferred to be tried in a 
military court for having evaded military service, although by year's 
end, there were no reports of charges related to the planned attack on 
the priest.
    In 2006 a Catholic priest in Samsun was attacked and suffered knife 
wounds. Authorities announced that, prior to the attack, the assailant, 
who was later arrested, had filed complaints against the priest for 
``Christian propaganda.'' During the trial, which was ongoing at year's 
end, prosecutors requested the assailant be hospitalized after he 
reportedly was diagnosed with chronic schizophrenia.
    Members of the Syriac community reported that Syriacs who were 
forced to leave their southeastern villages during PKK-related violence 
in the 1980s and 1990s faced fewer problems when attempting to return 
to their villages. Previously, local villagers, particularly village 
guards, often occupied the homes of Syriacs who fled and refused to 
leave when the Syriacs attempted to return. However, the implementation 
of zoning laws at times resulted in the loss of 40 to 50 percent of the 
properties of individual Syriacs living in villages in the southeast.
    Many 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, religious minorities asserted they were 
effectively blocked from careers in state institutions.
    A variety of newspapers and television shows continued to feature 
anti-Christian and anti-Jewish messages, and anti-Semitic literature 
was common in bookstores.
    The Jewish community numbered approximately 23,000. During the year 
there were continued reports of anti-Semitic language in newspapers and 
Web sites, as well as of continued societal antagonism and 
discrimination.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation; however, at times the Government limited these rights in 
practice. The law provides that a citizen's freedom to leave the 
country could be restricted only in the case of a national emergency, 
civic obligations (e.g., military service), or criminal investigation 
or prosecution. The Government maintained a heavy security presence in 
the southeast, including numerous roadway checkpoints. The Government 
generally cooperated with the UNHCR and other humanitarian 
organizations in providing protection and assistance to internally 
displaced persons, refugees (recognized as such with certain 
geographical limitations), returning refugees, asylum seekers awaiting 
resettlement to third countries, stateless persons, and other persons 
of concern.
    In September the Constitutional Court annulled the legislative 
arrangement authorizing the Council of Ministers to implement 
``compulsory settlement'' upon the suggestion of the National Security 
Council. The court based its decision on Article 23 of the 
constitution, which forbids any limitation on the freedom of residence 
except for the purpose of preventing offenses, promoting social and 
economic development, ensuring sound and orderly urban growth, and 
protecting public property. The verdict specified that a village cannot 
be evacuated due to national security.
    The law prohibits forced exile, and the Government did not employ 
it.

    Internally Displaced Persons (IDPs).--Various NGOs estimated that 
there were from one to three million IDPs in the country from the PKK 
conflict, which began in 1984, continued at a high level through the 
1990s, and continued during the year. The Government reported that 
368,360 citizens from 62,448 households migrated from the southeast 
during the conflict, with many others departing before the fighting. In 
2006 Hacettepe University released the results of a study commissioned 
by the Government which concluded that an estimated 953,680 to 
1,301,200 persons were displaced by conflict in the southeast between 
1986 and 2005. The study found that the main reason for the large 
discrepancy between government and NGO figures was that the Government 
only included persons evacuated by the security forces from 
settlements, and not those who were forced to flee because of general 
violence or for a combination of security and economic reasons. The 
study also noted that internal displacement in the country is part of a 
broader rural-to-urban migration by individuals seeking economic 
opportunity, exacerbated by the violence in the southeast, and has been 
affected by large-scale development projects, such as the Southeastern 
Anatolia Project, and natural disasters.
    The law to compensate IDPs allows persons who suffered material 
losses during the conflict with the PKK to apply for compensation. In 
May 2007 parliament extended the duration of the law so that applicants 
could apply for compensation through May. Human Rights Watch (HRW) 
reported in 2006 that the law was being implemented in a way contrary 
to the Government's stated purpose and principles of fair and 
appropriate redress. According to HRW, rulings by provincial 
commissions charged with the law's implementation were inadequate and 
hindered those IDPs who would like to return to their preconflict 
homes. HRW also found that IDPs had no avenue of appeal. These findings 
mirrored those of local NGOs and regional bar associations, which 
maintained that the law included unreasonable documentation 
requirements and awarded levels of compensation far below standards 
established by the ECHR. A representative from the Ministry of Interior 
denied that the Government has implemented the law unfairly.
    The Ministry of Interior reported that the review commissions had 
received a total of 278,165 applications for compensation under the law 
through December. The commissions have processed 97,579, approving 
66,563 and rejecting 31,016. The Government paid total compensation in 
the amount of 351 million lira ($294 million), an average of 16,000 
lira ($13,400) per person.
    According to the Turkish Economic and Social Studies Foundation 
(TESEV), the law only compensates losses suffered after 1987, leaving 
out victims who suffered losses between 1984, when the clashes started, 
and 1987. TESEV reported that many victims who fled the region because 
of the deteriorating economic and security situation have been unable 
to receive compensation because they could not demonstrate a direct 
link between their losses and the actions of either the PKK or the 
security forces. HRW reached the same conclusion in its 2006 report, in 
which it noted that the Government has unjustly refused to compensate 
those villagers in the southeast region displaced prior to 1987.
    In September a provincial damage assessment commission in Mardin 
reached a verdict on 30 cases opened in 2004 under the compensation 
law. A total of 91 villagers had originally appealed for compensation 
for losses suffered; many of the applicants were disappointed because 
they were unable to provide what the commission considered adequate 
legal evidence of ownership such as photos and tax records. The court 
also required approval from the husbands of female applicants.
    There was no information at year's end on the status of the 
administrative complaint filed in August 2007 with the Siirt 
governorship after Jandarma and village guards forced a group of 
villagers to leave their homes after the military declared a ``special 
security zone'' in the area. The villagers and their belongings had 
been forcibly removed, and their access to crops and services in the 
village was blocked. There were some reports for residents that the 
situation generally improved during the year.
    Voluntary and assisted resettlements were ongoing. In a few cases, 
persons could return to their former homes; in other cases, centralized 
villages were constructed. (The Government reported that, as of 
September 7, its Return to Village and Rehabilitation Project and 
compensation law had facilitated the return of 151,469 persons from 
25,001 households to their villages).
    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.

    Protection of Refugees.--The law provides for freedom of movement 
within the country, foreign travel, emigration, and repatriation, and 
the Government generally respected these rights in practice.
    An administrative regulation provides for the granting of asylum or 
refugee status in accordance with the 1951 UN Convention relating to 
the Status of Refugees and its 1967 protocol. However, the country 
ratified the 1967 protocol subject to a geographic limitation, and 
therefore accepts its obligations only with respect to refugees from 
Europe. The Government has not established a formal system or 
legislation for providing protection to refugees. The Interior Ministry 
conducted a parallel refugee status determination process subsequent to 
UNHCR's, sometimes affirming UNHCR's decisions. Refugees who were 
granted status by UNHCR but not affirmed by authorities were not 
granted exit permission for resettlement flights.
    The Government provided temporary protection to individuals who may 
not qualify as refugees under the 1951 convention and the 1967 
protocol, including individuals of non-European origin. According to 
the Ministry of Interior, during the year the Government provided 
temporary protection to 7,584 foreigners referred by UNHCR for 
resettlement to a third country. Refugees were not authorized to work 
in the country and needed permission from Ministry of Interior 
authorities to travel to Istanbul or Ankara, including for meetings 
with UNHCR or resettlement agencies.
    The Government requires that refugees who have no durable solution 
in the country obtain exit permission before departing for resettlement 
in third countries. One obstacle to exit permission is the residence 
permit fee of 273 lira ($209) that regulations require refugees to pay 
every six months. If the fees are not paid on time each six months, 
back fees must be paid in full before the refugees can depart, and a 
late fine is also assessed. In some cases, families have been charged 
thousands of dollars in residence fees and late fines before being 
allowed to depart the country.
    In most cases the Government provided protection against the 
expulsion or return of refugees to countries where their lives or 
freedom would be threatened. By October, 790 persons of interest to the 
UNHCR were deported from the country. Eighty-five of these were 
recognized as refugees or asylum seekers, while the UNHCR was not given 
access to interview the remaining 708 although the individuals had 
informed the UNHCR that they wished to seek asylum. Authorities 
returned 22 of the UNHCR-recognized refugees and asylum seekers to a 
home country where the individuals feared persecution or serious human 
rights abuses. Some of these individuals had already been accepted for 
resettlement to a third country, but were returned before they could be 
resettled. Another 298 persons who had informed the UNHCR that they 
wished to seek asylum were returned to a home country where they feared 
persecution before receiving a UNHCR refugee status determination.
    In April at least two Iranian citizens who were UNHCR-recognized 
refugees died after being forced by Jandarma to cross a dangerous river 
on the country's border with Iraq. In June Jandarma dropped three other 
Iranian asylum seekers at the Iranian border during the night and 
allegedly threatened them if they returned to the country. A few days 
later two of them returned to Van and reported that the third had 
fallen into a pool of water and broken his leg, and they had left him 
in order to go find help. That individual's fate was unknown at year's 
end.
    In July Jandarma attempted to deport to Iran three Iranian citizens 
who were UNHCR-recognized refugees and former residents of Camp Ashraf 
in Iraq, through an official border crossing. However, when Iranian 
border officers refused to accept them, authorities took the 
individuals to a detention center in Van, where they remained at year's 
end. Another 24 Iranians who had been recognized as refugees by the 
UNHCR during their stay at Camp Ashraf in Iraq were also deported to 
Iraq the end of the year.
    On September 12, 22 Uzbekistan citizens, who had earlier been 
recognized as refugees by the UNHCR in Iran but later came to Van 
seeking resettlement to a third county, were deported to Iran. The 
refugees were rounded up without notice and taken to an unmarked, 
mountainous portion of the border and forced to walk into Iran. The 
group included women and children, who were also forced to walk across 
the mountains under dangerous conditions. Later, the same group paid 
Iranian smugglers $5,000 to bring them back across the unmarked boarder 
to reach Van on September 23. The UNHCR formally approached authorities 
requesting that the refugees be granted temporary asylum in the 
country, as they presented credible documentation showing they had 
reason to fear refoulement to Uzbekistan if they returned to Iran. On 
October 13, all 22 of the refugees, along with another family of three 
Uzbekistan citizens who had filed a stop-deportation petition with the 
ECHR in September, were re-deported to Iran.
    In August 2007, Pejman Piran, brother of jailed Iranian activist 
Peyman Piran and a UNHCR-recognized refugee slated for resettlement to 
a third country, was deported to Iraq with four other Iranian refugees 
who had been living in Van. The ECHR issued a decision to stop the 
deportation that month, but Piran and the other four refugees had 
already been taken to Iraq. As Piran was later resettled to a third 
country, the ECHR case against the country was dropped during the year. 
The country's statement to the court claimed that the deportation did 
not violate the European Convention on Human Rights because the 
individuals' asylum claims had been rejected by competent authorities, 
and because they were deported to Iraq rather than Iran.
    Iraqi citizens were generally able to obtain tourist visas upon 
arrival at airports in the country. However, some foreigners, including 
Iraqis, transiting the country on their way to Europe were returned to 
their countries of origin when immigration authorities determined they 
might seek asylum in Europe. According to the UNHCR, during the year a 
group of 600 Afghan citizens were returned to Afghanistan from Batman 
by plane. UNHCR had been informed that some of the individuals in this 
group had wished to apply for asylum in the country, but the UNHCR was 
not granted access to them before they were deported.
    Illegal migrants detained when 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 from other locations. 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 a lack of interpreters to 
assist security officials.
    The law does not have a strict time limit for asylum seekers or 
require them to present a valid identity document. The law also 
stipulates a waiver of residence permit fees for asylum seekers in 
``humanitarian situations.'' Despite this, the International 
Organization for Migration (IOM) reported that during the year some 
refugees were charged fines for late registration before being 
authorized to travel to Istanbul in order to leave the country for 
their countries of resettlement. Nearly 700 refugees scheduled for 
resettlement, including a family whose two children have Down's 
syndrome, missed their flights for this reason and were still in the 
country at year's end. In 2006 the Government also issued an 
implementation directive that provided detailed guidance on the refugee 
status determination procedure and established a framework for the 
provision of assistance to asylum seekers and refugees.
    The UNHCR reported that it was able to successfully intervene in 
most cases where asylum seekers arrived lawfully in the country after 
transiting through one or more other countries. However, UNHCR access 
to persons in detention who wished to apply for asylum, to individuals 
who had stowed away on ships and wished to apply for asylum, as well as 
to persons trying to seek asylum while they were at the international 
areas of the country's airports, remained problems.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The constitution and law provide 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. However, the Government restricted the activities of a few 
political parties and leaders.

    Elections and Political Parties.--The 2007 parliamentary elections 
were held under election laws that the OSCE found established a 
framework for democratic elections in line with international 
standards. The law requires a party receive at least 10 percent of the 
valid votes cast nationwide to enter parliament. Some political parties 
criticized the 10 percent threshold as unduly high.
    The OSCE noted in its observation report following the 2007 
elections that, despite a comprehensive legal framework for elections, 
political campaigning, and in a broader context, freedom of expression, 
were constrained by a number of laws that created the potential for 
uncertainty and scope for arbitrary interpretation. The OSCE also noted 
the positive efforts made to enhance the participation of citizens of 
Kurdish origin in political life. However, the law continues to 
prohibit the use of languages other than Turkish in the election 
campaign.
    In a polarized political climate leading up to the 2007 
presidential and parliamentary elections, the military issued three 
statements emphasizing concern over what it regarded as deep threats 
posed by religious fundamentalism, the military's role as the ultimate 
defender of secularism, and the alleged weakening of secularism in the 
country. Human rights groups characterized these statements as attempts 
to exert pressure on the democratic process that were suggestive of the 
military's disproportional influence over politics. In a November 
report, the European Commission noted that the military ``continued to 
exercise significant political influence via formal and informal 
mechanisms.''
    Political parties and candidates could freely declare their 
candidacy and stand for election. The High Court of Appeals chief 
prosecutor could only seek to close political parties for 
unconstitutional activities by bringing a case before the 
Constitutional Court. The November progress report by the European 
Commission noted that the closure cases during the year against two 
political parties illustrated that legal provisions on political 
parties ``do not provide political actors with an adequate level of 
protection from the state's interference in their freedom of 
association and freedom of expression.''
    In March the country's chief prosecutor filed a case against the 
AKP to close the party, claiming that it had become a ``center of 
antisecular activities.'' According to the constitution, ``the 
activities of political parties shall not be in conflict with.the 
principles of the democratic and secular republic.'' While the 
prosecutor acknowledged that the AKP's program and its written statutes 
were not unconstitutional, the indictment charged that AKP had ``in 
actions and verbal statements acted against laws and the 
constitution.'' On July 30, the Constitutional Court decided not to 
close the ruling party. While six judges voted for closure, the 
constitution requires that at least seven judges vote in favor of 
banning for a party to be closed. The 11-member court instead agreed to 
halve the party's state funding.
    On October 17, a Diyarbakir court sentenced suspects Firat Karahan 
and Vevsi Akgonul to life imprisonment and Mustafa Kemal Ok to six 
years and three months' imprisonment for complicity in the murder of 
former HADEP (People's Democracy Party) vice chair Hikmet Fidan. 
Suspect Zeki Peker was acquitted.
    DEHAP reconstituted itself as the DTP in 2006; and during the year 
the Constitutional Court added the closure case for DTP to the DEHAP 
closure case. On September 16, the DTP cochairman, Ahmet Turk, provided 
a verbal defense to the Constitutional Court denying any organizational 
link between the DTP and the PKK. Since November 2007 the DTP has faced 
potential closure and the banning from politics of 221 of its members. 
Deliberations in the combined legal case on charges of separatism were 
ongoing at year's end.
    During the year police raided dozens of DTP offices, particularly 
in the southeast, and detained hundreds of DTP officials and members. 
During the year prosecutors opened scores of investigations and trials 
against DTP members. Police raids on DTP offices in Van and Siirt 
provinces resulted in the detention of approximately 50 DTP members 
during the year.
    Jandarma and police regularly harassed DTP members through verbal 
threats, arbitrary detentions at rallies, and detention at checkpoints. 
Security forces also regularly harassed villagers they believed were 
sympathetic to DTP. Although security forces released most detainees 
within a short period, many faced trials, usually for supporting an 
illegal organization or inciting separatism.
    There were no developments during the year regarding the appeal of 
Aydin Budak, the DTP mayor of Cizre. In 2006 Budak was sentenced to one 
year and three months in prison for stating in a speech that was aired 
on Roj TV that the isolation of Abdullah Ocalan was something 
``provocative.''
    During the year DTP Erzurum provincial chairman Bedri Firat 
continued his appeal of a 2006 conviction. Firat was sentenced to two 
years in prison for allegedly issuing propaganda supporting the PKK in 
a speech during Nevruz celebrations in which he stated that Kurds were 
subject to genocide and praised Abdullah Ocalan.
    There were no updates during the year in the 25 open cases against 
DTP member Tuncer Bekirhan initiated in 2007.
    There were 50 women in the 550-seat parliament. There was one 
female minister in the 25-member cabinet.
    Although the number was unknown, some minority groups were active 
in political affairs. More than 100 members of parliament and senior 
government officials, including three ministers, were of Kurdish 
origin.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however the Government did not 
implement the law effectively, and officials engaged in corrupt 
practices with impunity. The World Bank Worldwide Governance Indicators 
reflected that corruption slightly decreased during the year, though it 
remained a problem.
    Opposition party members criticized the ruling AKP for refusing to 
lift the immunity of AKP parliamentarians suspected of corruption and 
other abuses.
    Government officials are required by law to declare their property 
every five years.
    The law provides for public access to government information; 
however, the Government occasionally rejected applications on national 
security and other grounds, and there were no opportunities to appeal.
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. Government 
officials were generally uncooperative and unresponsive to their views.
    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. Human rights 
organizations reported that official human rights mechanisms did not 
function consistently and failed to address grave violations.
    The HRA had 34 branches nationwide and claimed a membership of 
approximately 14,000. The HRA reported that prosecutors opened dozens 
of cases against HRA branches during the year. 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.
    On January 23, authorities arrested HRA Adana branch chief Ethem 
Acikalin for being a member of an illegal organization after he 
attended an event hosted by the Adana representative of the Rights and 
Freedoms Front in December 2007. The event hosted a press conference to 
discuss the killing of Kevser Mizrak during a police raid in Ankara 
earlier in the month. The prosecution requested 7.5 to 10 years' 
imprisonment. Acikalin was imprisoned for 6 months before being 
released on bail; the trial continued at year's end.
    On February 19, a Diyarbakir court sentenced HRA Siirt branch chief 
Vetha Aydin to 15 months in prison for his participation as ``peace 
chair'' on ``World Peace Day'' in 2004. The court later postponed the 
sentence, but ruled that he should report his whereabouts to 
authorities for one year.
    On June 12, a court convicted four members of HRA's Canakkale 
branch, including its chairman, to 18 months' imprisonment each for 
violating the Law on Demonstrations when they organized a ``September 1 
World Peace Day'' gathering in 2007. An appeal remained pending at 
year's end.
    On August 14, police raided DTP's provincial office in Adana. Adana 
HRA chapter president Ethem Acikalin went to the DTP office as an 
observer joined by the HRA accountant. Police broke the accountant's 
arm, and charges were brought against Acikalin for resisting police. 
The trial had not begun by year's end.
    On December 29, Acikalin stood trial in an Adana court where he 
faced two years in prison for propagandizing an illegal organization. 
Acikalin was charged after chanting slogans during a December 2007 
press meeting commemorating the death of 28 inmates during a military 
operation 2000. The trial continued at year's end.
    In July 2007 the Government opened a closure case against HRA's 
Mersin branch, claiming that the local representatives and members were 
involved in activities incompatible with their positions and accusing 
them of supporting the interests of ``illegal organizations.'' The case 
continued at year's end.
    In January 2007 the Istanbul governor's office, with no notice, 
froze three bank accounts of the AI branch in the country, worth 
approximately 75,000 lira ($62,600). In May 2007 AI filed civil cases 
against two local government authorities, the Beyoglu district 
governor's office and the Istanbul governor's office, for failing to 
respond to AI's administrative queries related to the seizure. In May 
2007, the Beyoglu district governor's office issued a decision that AI 
had participated in ``unauthorized fund raising.'' The decision did not 
specify what AI actions violated the law. In a June 2007 public 
statement, AI stated that it does not seek or accept money from 
governments or political parties for its work but that its funding 
depends on the contributions of its worldwide membership and 
fundraising activities, including street fundraising or ``face-to-
face'' activities. The statement noted AI feared the incident could 
have been ``a tactic of government harassment intended to impede 
legitimate fundraising activities.'' In February the court ordered AI's 
accounts to be unfrozen. The governor's office appealed the decision to 
the Council of State; the appeal was ongoing at year's end.
    The Government generally cooperated with international 
organizations such as CPT, the UNHCR, and IOM; however, some 
international human rights workers reported that the Government 
purposefully harassed them or raised artificial bureaucratic obstacles 
to prevent their work.
    The Prime Ministry's HRP was authorized to monitor the 
implementation of legislation relating to human rights and coordinate 
the work of various government agencies in the field of human rights. 
Despite lacking a budget and sufficient resources, the HRP carried out 
a number of projects with the European Commission and Council of 
Europe. On July 2, the HRP released its first annual report on human 
rights issues in the country.
    During the year the HRP promoted human rights by showing short 
films on topics such as freedom of expression, discrimination, 
children's rights, and torture. The HRP maintained a free, emergency 
human rights hotline called ``Alo 150,'' where individuals could report 
information on human rights violations for transmission to the 
appropriate government body.
    There were provincial human rights councils under the HRP in all 81 
provinces and 850 subprovinces. These bodies were established to serve 
as a forum for human rights consultations among NGOs, professional 
organizations, and the Government. They have authority to investigate 
complaints and refer them to the prosecutor's office. However, many 
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 independence.
    The HRP reported that it received complaints of human rights 
violations from 206 persons through the end of June. The boards 
received 496 complaints of violations during the same period. These 
complaints were regarding health services and patient rights (115), 
property rights (84), and general human rights complaints (79).
    On April 29, the court of appeals ruled that professors Baskin Oran 
and Ibrahim Caboglu should be acquitted of a 2005 charge of ``inciting 
people to hatred'' and ``openly belittling judicial organs.'' Caboglu 
and Oran were the former chair and sub-chair of the Human Rights 
Advisory Board (HRAB), an advising body established to link government 
bodies and NGOs on human rights issues and provide advice. The HRAB 
released a report on minorities and cultural rights in 2005 that 
included language the court of appeals found contrary to the legal 
principle that there were no minorities in the country, only ``non-
Muslim citizens.'' In its decision, the court, citing the right of 
freedom of expression and international law, held that individuals in 
democratic nations were entitled to enjoy freedom of expression in its 
broadest sense.
    Other government human rights bodies included the High Human Rights 
Board, an interministerial committee responsible for making 
appointments to human rights posts; and a Human Rights Consultation 
Board (HRCB), established as a forum for the exchange of ideas between 
the Government and NGOs. NGOs found these bodies to have little to no 
effectiveness. There was no ombudsman mechanism active during the year, 
following the application by then-president Ahmet Necdet Sezer in 2006 
to the Constitutional Court to annul legislation establishing one. The 
case was pending at year's end.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, gender, religion, 
disability, language, or social status; however, the Government did not 
enforce these laws effectively. The Government and NGOs focused on 
eliminating societal violence and discrimination against women and 
minorities, as well as trafficking, but problems continued in these 
areas.

    Women.--The law prohibits rape, including spousal rape; however, 
the Government did not effectively enforce the law. Victims often 
waited days or weeks to report incidents for fear of embarrassment or 
reprisals, which hindered effective prosecution of assailants. Cases of 
rape were underreported.
    Violence against women, including spousal abuse, was a serious and 
widespread problem. The law prohibits violence against women, including 
spousal abuse, but the Government did not effectively enforce it. 
Domestic human rights organizations reported that these laws were 
partially effective; more women called the police emergency hotline to 
report domestic violence and went to police stations to file abuse 
reports.
    In October 2007 the governor of Istanbul and the Foundation to 
Support Contemporary Life launched a domestic violence hotline financed 
by the EU and staffed by operators who screened calls and then 
forwarded legitimate calls to police, attorneys, or psychologists.
    In January 2007 State Minister for Women and Children's Affairs 
Nimet Cubukcu established a hotline to prevent the exploitation of 
women, children, persons with disabilities, and senior citizens. From 
its inception through November, the hotline received 119,090 calls.
    Women's NGOs reported that more than 150,000 women were victims of 
domestic violence between 2001 and 2005, the latest period for which 
statistics were available. According to the most recent available 
government data, there were 646 domestic violence cases brought to 
court in 2006, a decrease over previous years. The Institution for 
Social Services and Orphanages operated 23 shelters with a total 
capacity of 405 for female victims of domestic violence and rape. The 
Government reported that provincial government offices, municipalities, 
and NGOs operated 38 shelters and that one private foundation operated 
a shelter. During the year there was one shelter bed for every 144,000 
persons in the country, which observers noted was an inadequate amount 
of shelters for towns with populations of more than 50,000.
    Persons convicted of honor killings receive life imprisonment. The 
Turkish National Police reported 39 honor killings and 9 attempted 
honor killings through September 30. The HRP reported there were 53 
honor killings in 2007 and 1,000 honor killings between 2003 and July 
2008, mainly in conservative Kurdish families in the southeast or among 
migrants from the southeast living in large cities. Because of sentence 
reductions for juvenile offenders, observers noted that young male 
relatives often were designated to perform such killings.
    Due to penalties for honor killings, family members increasingly 
pressured girls to commit suicide in order to preserve the family's 
honor. Between 2005 and 2006, 1,985 women were reported to have 
committed suicide or have been killed, according to women's rights 
advocacy group AKDER. Government officials worked with advocacy groups 
such as KA-MER to hold town hall meetings and set up rescue teams and 
hotlines for endangered women and girls.
    KA-MER, the leading women's organization in the southeast, reported 
that from 2003-07 a total of 198 women from eastern and southeastern 
Anatolia contacted it to report that their family had threatened them 
with honor killings. Of these cases, three of the women died from 
injuries sustained in the attacks, one committed suicide, and 27 were 
pressured to commit suicide. The father or husband decided the fate of 
the woman in the vast majority of the cases. The report observed that 
76 of these ``decision makers'' were illiterate, while 47 had no 
education beyond junior high school. Increased education levels 
correlated with a drop in the rate of such crimes.
    ``Disobedience,'' variously defined as refusing to marry the person 
the family had chosen, refusing to have sex with a brother-in-law or 
father, not agreeing to prostitute oneself, not fulfilling the demands 
of male family members, and interrupting man-to-man conversations was 
determined to be the most frequent justification of honor killings.
    In April, 24 year-old Leyla Gok was beaten to death in Siirt's Eruh 
district, apparently on account of an alleged affair she had with a 
married man. The woman had returned to her family after living with her 
boyfriend for some time. The family reportedly did not take the body 
from the hospital, and the victim was buried by municipal officials. 
After testimonies, Gok's brother Hayrettin was released and her 
boyfriend Sukru Batuhan was detained in connection with the death. The 
case continued at year's end.
    In November, in the Ceylanpinar district of Sanliurfa in the 
southeast, Aysel Cadir was shot and killed by Muslum Bakir, her husband 
via an unofficial religious marriage. The victim's mother claimed that 
the decision to kill her was made by the husband and his ``family 
council.'' Cadir was reportedly three months pregnant. Bakir was in 
custody and the case continued at year's end.
    According to media reports, Naile Erdas, a 15-year-old from the 
southeastern city of Van, was killed by her family in 2006 when she 
gave birth to a child conceived during a rape. The girl, who hid her 
pregnancy, reportedly begged doctors at a state hospital where she gave 
birth not to return her to her family, fearing that she would be killed 
in accordance with the local tradition demanding her family's honor be 
cleansed. Doctors informed state authorities, but the woman was 
ultimately returned to her family. At year's end, six of her relatives, 
including Erdas' brother, father, mother, and uncles were under arrest 
for the killing.
    Prostitution is legal.
    The law provides different penalties for the crimes of sexual 
harassment and sexual assault, requiring two to seven years' 
imprisonment for sexual assault and three months' to two years' 
imprisonment plus a fine for sexual harassment. Women's rights 
activists maintained that both of the laws were rarely enforced.
    In October media and observers criticized the release, pending 
trial, of a journalist who was accused of raping a 14-year-old girl, 
upon the medical examiner's report that the girl's physical and mental 
health were ``intact'' following the alleged abuse. Women and 
Children's Affairs Minister Cubukcu denounced the report and in 
November the Bursa court requested a new report from the Forensic 
Medicine Institute.
    Under the law women enjoy the same rights as men; however, societal 
and official discrimination were widespread. The Directorate General on 
the Status and Problems of Women under the State Ministry in Charge of 
Family Affairs is responsible for promoting equal rights and raising 
awareness of discrimination against women.
    Women continued to face discrimination in employment and were 
generally underrepresented in managerial-level positions as well as in 
government. According to a November report by the European Commission, 
the level of women's employment and their political participation 
nationally and regionally were low. 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 
retail, restaurant, and hotel sectors worked as unpaid family labor. 
The World Economic Forum reported during the year that women earned 61 
percent of what their male counterparts earned for similar work.

    Children.--The Government was committed to furthering children's 
welfare and worked to expand opportunities in education and health.
    While education through age 14 or the eighth grade was free, 
universal, and compulsory, only 40 percent of children received a high 
school diploma, according to the Organization for Economic Cooperation 
and Development and one in 10 girls did not attend compulsory primary 
school.
    Child abuse was a problem. There were a significant number of honor 
killings of girls by immediate family members, sometimes by juvenile 
male relatives. There were reports that children were trafficked for 
sexual exploitation.
    On March 7, a Malatya penal court convicted eight suspects to one 
year's imprisonment for neglecting their duties in the alleged torture 
and abuse of children at the Malatya state orphanage. The execution of 
the punishment was postponed. Two other cases against nine orphanage 
employees continued at year's end.
    Child marriage occurred, particularly in poor, rural regions; 
however, women's rights activists claimed that underage marriage has 
become less common in the country in recent years.
    The law defines 15 as the minimum age for marriage, although 
children as young as 12 were at times married in unofficial religious 
ceremonies. In rare instances, families engaged in ``cradle 
arrangements,'' agreeing that their newborn children would marry at a 
later date, well before reaching the legal age.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; penalties for trafficking in persons are sufficiently 
stringent and commensurate with prescribed penalties for other grave 
crimes, such as sexual assault. There were media reports that police 
corruption contributed to the trafficking problem.
    The country was a destination point for women and children 
trafficked primarily for the purpose of commercial sexual exploitation. 
The Government identified 118 trafficking victims during the year. No 
male victims were identified or assisted during the year; in 2007, five 
men from Turkmenistan were trafficked for labor exploitation. Women and 
girls were trafficked from Moldova, Uzbekistan, Turkmenistan, and other 
countries in Eastern Europe and the former Soviet Union. One victim 
from Indonesia and one from Morocco were also trafficked during the 
year and awaited repatriation at year's end. Most foreign victims were 
trafficked for sexual exploitation in Istanbul and Antalya, although 
victims were identified in cities throughout the country.
    Typically, small networks of foreign nationals and citizens, 
relying on referrals and recruitment from friends and family members in 
the source country, trafficked foreign victims to the country. 
According to local experts and researchers, most victims arrived in the 
country knowing they would work in the sex industry but were 
subsequently threatened physically or emotionally and trapped. Others 
were known to have arrived in the country to work as domestic servants 
and exploited in that industry or trafficked into the commercial sex 
industry. In some cases it was reported that traffickers continued to 
utilize abusive physical force and threats to family members to force 
women into prostitution.
    Based on preliminary data, in the first six months of the year the 
Government prosecuted approximately 100 suspected trafficking 
offenders. Under the penal code, the penalties for trafficking include 
eight to 12 years' imprisonment and heavy fines. Also based on 
preliminary data, in the first six months of the year, the Government 
convicted four traffickers. However, approximately 53 additional 
traffickers were convicted during the same period under the statutes 
prohibiting mediation of prostitution and organized crime. These 
convictions averaged three to four years' imprisonment plus fines.
    Turkish National Police apprehended 248 suspected traffickers 
during the year. In 2007, the last year for which complete statistics 
were available, cases were opened on 422 suspected traffickers; 397 
suspected traffickers remained under investigation from previous years.
    Allegations that police and other government officials participated 
in trafficking were reported by the media during the year. According to 
press reports, a number of active and retired police officers, some of 
senior rank, were arrested, placed under investigation, or recommended 
for expulsion for cooperating with trafficking rings. The Government 
provided preliminary data showing that 25 security officials were 
investigated during the year for possible involvement in trafficking in 
persons, a significant increase from the twenty similar investigations 
conducted between 2005 and 2007. Most of the investigations were 
ongoing at year's end; some of these officials were in prison and 
others were free awaiting trial. Three were expelled from service.
    An ambassador-level Ministry of Foreign Affairs official serves as 
national coordinator for the Government's Task Force on Human 
Trafficking, which also includes representatives from the ministries of 
health, interior, justice, finance, labor, the Prime Ministry, and from 
NGOs, the IOM, and municipalities.
    The Government participated actively in international 
antitrafficking investigations and met regularly with neighboring 
countries and regional groups promoting regional antitrafficking law 
enforcement cooperation. The Government has signed bilateral 
antitrafficking cooperation memorandums of understanding and protocols 
with neighboring source countries, including Belarus, Georgia, Ukraine, 
Moldova, and Kyrgyzstan.
    There were two NGO-operated shelters for trafficking victims in the 
country, located in Ankara and Istanbul. The shelters received free 
rent from the municipalities, and the Ministry of Health provided free 
medical care to victims in the shelters. Nevertheless, government 
financial support for these protection mechanisms was inconsistent. The 
lack of consistent government funding threatened the operation of one 
shelter, although core services were not impacted. During the year the 
Istanbul shelter assisted 57 victims, and through December the Ankara 
shelter assisted 28 victims.
    The Government encouraged victims to participate in trafficking 
investigations and prosecutions; however, most chose to return to their 
countries. The Ministry of Justice, through local bar associations, 
provided free legal services to foreign victims choosing to remain in 
the country and testify against traffickers. Foreign victims identified 
by authorities may apply for humanitarian visas to remain in the 
country for up to six months and may then apply for renewal for another 
six months. The Government had a national referral mechanism, which it 
implemented in partnership with the IOM and the shelters, and which 
included the voluntary and safe return of victims. The IOM assisted 78 
trafficking victims during the year.
    The IOM operated a toll-free hotline for trafficking victims that 
was answered in Russian, Romanian/Moldovan, English, and Turkish and 
that could receive international calls. Sixteen victims were rescued 
from trafficking situations through the assistance of the hotline in 
the first nine months of this year. On June 30, the Government began a 
new antitrafficking public awareness campaign featuring television and 
radio advertisements, plus more than 40,000 posters in municipalities 
throughout the country, primarily in trafficking hotspots, to promote 
the hotline.
    Antitrafficking training courses continued to be held in the 
country throughout the year. Law enforcement officers, judges, and 
prosecutors participated in ``train the trainers'' courses which 
focused on countertrafficking skills, such as victim identification and 
interviewing.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    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 
Government generally enforced the law effectively. The law does not 
mandate access to buildings and public transportation for persons with 
disabilities. The Presidency Administration for Disabled People under 
the Prime Ministry is responsible for protecting the rights of persons 
with disabilities.
    The Ministry of Health operated eight mental health hospitals in 
seven different provinces. There were two private mental health 
hospitals in Istanbul. The Government reported that it operated 45 
boarding care centers and 22 daycare centers for physically and 
mentally challenged individuals. According to the European Commission, 
mental health hospitals and rehabilitation centers do not provide 
sufficient medical care or treatment.
    The NGO Mental Disability Rights International announced that the 
Government circulated a notice condemning the use of electroconvulsive 
or ``shock'' therapy (ECT) without anesthesia in 2006. A CPT delegation 
had reported previously finding ECT being used on patients without 
anesthetics or muscle relaxants during a 2005 visit to two state 
hospitals, the Bakirkoy Mental and Psychological Health Hospital in 
Istanbul and the Adana Mental Health Hospital.
    During the year, the NGO Initiative for Human Rights in Mental 
Health (IHRMH) ran advocacy campaigns, organized free vocational 
trainings, and created monitoring groups to inspect institutions for 
compliance with legal and health regulations.
    In November IHRMH reported on research conducted in 12 mental 
health care centers between June 2007 and October with permission of 
the Ministry of Health and Social Services and the Child Protection 
Agency. The report cited a need to increase the number of professional 
care staff, improve hygienic conditions, vary treatment from only 
antipsychotic drugs and antidepressants, and allow for greater freedom 
of movement.
    On November 6, a clandestinely filmed documentary on the state of 
public facilities for children in the country aired in the United 
Kingdom. Earlier in the year, Duchess of York Sarah Ferguson used a 
disguise to enter and film two care centers for children with mental 
and physical disabilities for use in the documentary. The expose showed 
children tied to their beds with fabric, and poor caretaking conditions 
at Saray Rehabilitation Center in Ankara and Zeytinburnu Center for the 
Care of Disabled Children in Istanbul.

    National/Racial/Ethnic Minorities.--The law provides a single 
nationality designation for all citizens 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.
    On September 30, ethnic Kurdish resident Murat Aygun reportedly 
used a truck to kill two persons and injure six others in the Ayvalik 
district of Balikesir Province. The two individuals killed had played 
the Turkish national anthem in front of Aygun's home. After the 
killings, a crowd attacked Kurdish homes and shops. The governate did 
not permit a DTP committee to investigate.
    The NGO Minority Rights Group International reported in March that 
millions who belonged to ethnic, linguistic, and religious minorities 
faced systematic repression and many remained unrecognized. The report 
noted that the law is interpreted to protect only three religious 
minorities-Armenian Orthodox Christians, Jews, and Greek Orthodox 
Christians-and not other ethnic and religious minorities, including 
Alevis, Ezidis, Assyrians, Kurds, Caferis, Caucasians, Laz, and Roma. 
The report stated that these ``excluded minorities'' were prohibited 
from fully exercising their linguistic, religious, and cultural rights 
and faced intense pressure to assimilate.
    Despite the beginning of TRT pilot broadcasts in Kurdish at year's 
end, the Government maintained restrictions on the use of Kurdish and 
other ethnic minority languages in radio and television broadcasts and 
in publications.
    Roma continued to face persistent discrimination and problems with 
access to education, health care, and housing. The Government took no 
apparent steps during the year to assist the Romani community. The 
European Roma Rights Center, Helsinki Citizens Assembly, and Edirne 
Roma Culture Research and Solidarity Association conducted a program to 
train the Romani community on civil society organization and activism. 
Literacy courses for Roma women offered by the Roma Culture and 
Solidarity Association of Izmir continued, and the association 
celebrated International Roma Day in Izmir.
    Beginning on June 3, 500 Roma living in the Sulukule neighborhood 
of Istanbul faced destruction of their homes and were relocated outside 
of the city due to an urban renewal project sponsored by the 
municipality.
    The law states that ``nomadic Gypsies'' are among the four 
categories of persons not admissible as immigrants.

    Other Societal Abuses and Discrimination.--While the law does not 
explicitly discriminate against homosexuals, two 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 as a basis for 
discrimination by employers. The law also states that ``no association 
may be founded for purposes against law and morality.'' This article 
has been applied in attempts to shut down or limit the activities of 
NGOs working on gay and lesbian issues.
    In April, Anadolu University in Eskisehir lifted restrictions 
blocking access to the Web sites of Kaos GL, Pembe Hayat, and Lambda 
Istanbul from campus computers.
    On July 15, 26 year-old Ahmet Yildiz was shot and killed leaving a 
cafe in Istanbul. Yildiz had represented the country in an 
international gay gathering in San Francisco in 2007. Yildiz's family 
disapproved of his homosexuality, and his body remained unclaimed in 
the morgue for six days. Yildiz had previously filed a complaint with 
the police after receiving threats. Police collected statements from 
friends and family, but had not begun an investigation by year's end.
    In September a group of transsexuals and transvestites in Istanbul 
filed a criminal complaint against several police officers for alleged 
mistreatment. The group leader alleged that group members were 
arbitrarily detained and released in remote parts of the city.
    On November 28, the Supreme Court of Appeals overturned an Istanbul 
court decision ordering the closure of the lesbian, gay, bisexual, and 
transgender solidarity organization, Lambda Istanbul. On May 29, the 
Istanbul court had ruled that Lambda Istanbul's objectives violated 
Turkish ``moral values and family structure,'' justifying its closure.
    In May 2007 members of the groups Pembe Hayat and Kaos GL protested 
at the Esat police station in Ankara. Protestors claimed that 
transsexuals and transvestites had been unjustly taken into custody and 
faced mistreatment during their detention. Police officers on duty 
prevented the protestors from making a press statement during the 
demonstration.
    In February 2007 Bilgi University students established the 
country's first gay and lesbian university club. Approximately 15 
parents lodged complaints with the university administration, and the 
Turkish Higher Education Council opened an inquiry into the university. 
Bilgi's dean of students, Halit Kakinc, responded that closing the club 
would violate human rights. The club was operating normally at the end 
of the year.
Section 6. Worker Rights
    a. The Right of Association.--The law provides most but not all 
workers with the right to associate and form unions subject to diverse 
restrictions; most workers exercised this right in practice. The 
Government maintained a few restrictions on the right of association. 
Unions may be established by a minimum of seven persons without prior 
permission. There are no restrictions on membership or participation of 
individuals or unions in regional, national, or international labor 
organizations, but such participation must be reported to the 
Government. Labor law prohibits union leaders from becoming officers of 
or otherwise performing duties for political parties, from working for 
or being involved in the operation of any profit-making enterprise, and 
from displaying any political party logos or symbols on any union or 
confederation publications. Unions are required to notify government 
officials prior to holding meetings or rallies (which must be held in 
officially designated areas) and to allow government representatives to 
attend their conventions and record the proceedings; these requirements 
were usually enforced.
    Although official government statistics indicated that 56 percent 
of the labor force was unionized, union officials noted that figure 
included retirees and others no longer on the active list of unionized 
employees. Most labor experts in the country estimated that 
approximately 20 percent of the wage and salary workers in the labor 
force were unionized.
    The law provides for the right to strike; however, the law requires 
a union to take a series of steps, including negotiations and 
nonbinding mediation, before calling a strike. The law prohibits unions 
from engaging in secondary (solidarity), political, or general 
(involving multiple unions over a large geographical area) strikes or 
in work slowdowns. In sectors in which strikes are prohibited, labor 
disputes were resolved through binding arbitration.
    The law prohibits strikes by civil servants, public workers engaged 
in the safeguarding of life and property, workers in the coal mining 
and petroleum industries, sanitation services, national defense, 
banking, and education; however, many workers in these sectors 
conducted strikes in violation of these restrictions with general 
impunity. The majority of strikes during the year were illegal 
according to law; while some illegal strikers were dismissed, in most 
cases employers did not retaliate.

    b. The Right to Organize and Bargain Collectively.--The law and 
diverse government restrictions and interference limited the ability of 
unions to conduct their activities, including collective bargaining. 
Industrial workers and some public sector employees, excluding white 
collar civil servants and state security personnel, have the right to 
bargain collectively, and approximately 1.3 million workers, or 5.4 
percent of the workforce, were under collective bargaining agreements. 
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. The International Trade 
Union Confederation claimed that the law resulted in workers in many 
sectors not being covered by collective agreements.
    The law prohibits antiunion discrimination; however, such 
discrimination occurred occasionally in practice. If a court rules that 
a worker has been unfairly dismissed and should either be reinstated or 
compensated, the employer generally pays compensation to the employee 
along with a fine.
    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 law prohibits 
forced or compulsory labor, including by children; however, there were 
reports that women, men, and minors were trafficked for commercial 
sexual exploitation and for labor.
    Some parents forced their children to work on the streets and to 
beg.

    d. Prohibition of Child Labor 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. The 
use of child labor was particularly notable in agriculture, carpentry, 
the shoemaking and leather goods industry, the auto repair industry, 
small-scale manufacturing, and street sales. The law prohibits the 
employment of children younger than 15 and prohibits children under 16 
from working more than eight hours a day. At age 15 children may engage 
in light work provided they remain in school. The law provides that no 
person shall be required to perform work unsuitable for their age, 
gender, or capabilities, and the Government prohibits children from 
working at night or in areas such as underground mining. The law 
prohibits school-aged children from working more than two hours per day 
or 10 hours per week.
    The Ministry of Labor and Social Security 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 are not covered by the law, including 
agricultural enterprises employing 50 or fewer workers, maritime and 
air transportation, family handicraft businesses, and small shops 
employing up to three persons.
    Nonetheless, child labor was widespread. In a child labor survey 
conducted in the last quarter of 2006 and released in April 2007, the 
State Statistical Institute reported that the number of child laborers 
between the ages of six and 17 was 960,000, or 5.9 percent of a total 
of 16.2 million in that age group. These figures represented a decrease 
over previous years. The study found that 84.7 percent of children aged 
six to 17 attended school and that the 31.5 percent of children in that 
age group who were employed were also attending school at least part 
time.
    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 2006 child labor survey, 
40.9 percent of child labor occurred in the agricultural sector, with a 
total of 52.4 percent of employed children working in rural areas, 
compared to 47.6 percent working in urban areas. Many children worked 
in areas not covered by labor laws, such as agriculture workplaces with 
fewer than 50 workers or the informal economy. To combat this ongoing 
problem, the Ministry of National Education conducted a program in 
cooperation with the UN Children's Fund that was designed to provide 
primary education for at-risk girls. By year's end, the program 
benefited nearly 223,000 girls and 100,000 boys.
    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. According to data provided by the ministry, 
there were 307 centers located in 81 cities; these centers provided 
apprenticeship training in 133 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. There were reports that children were 
trafficked for sexual exploitation.
    There were no reliable statistics for the number of children 
working on the streets nationwide. The Government's Social Services and 
Child Protection Institution operated 44 centers to assist such 
children.

    e. Acceptable Conditions of Work.--The national minimum wage of 638 
lira ($425) per month did not provide a decent standard of living for a 
worker and family. All workers covered by the labor law are also 
covered by the law establishing a national minimum wage. This law was 
effectively enforced by the Ministry of Labor Inspection Board.
    The law establishes a 4-hour workweek with a weekly rest day, and 
limits overtime to three hours per day for up to 270 hours a year. 
Premium pay for overtime is mandated but the law allows for employers 
and employees to agree to a flextime schedule. 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. Workers in other sectors 
had difficulty receiving overtime pay, although by law they were 
entitled to it.
    The law mandates occupational health and safety regulations; 
however, in practice the Ministry of Labor Inspection Board did not 
carry out effective inspection and enforcement programs. Workers have 
the right to remove themselves from situations that endangered health 
or safety without jeopardy to their employment, although reports of 
them doing so were rare. Authorities effectively enforced this right.

                               __________

                                UKRAINE

    Ukraine, population 46 million, is a republic with a mixed 
presidential and parliamentary system, governed by a directly elected 
president and a unicameral parliament (the Verkhovna Rada) that selects 
a prime minister. Parliamentary elections were held in September 2007; 
according to international observers, fundamental civil and political 
rights were respected during the campaign, enabling voters to express 
their opinions freely. Five political parties and blocs held seats in 
the 450 member parliament. Civilian authorities generally maintained 
effective control of the security forces.
    The police and penal systems continued to be sources of some of the 
most serious human rights concerns. They included instances of torture 
by law enforcement personnel, harsh conditions in prisons and detention 
facilities, and arbitrary and lengthy pretrial detention. The judiciary 
lacked independence and suffered from corruption. The Government 
continued to be slow to return religious property. Societal violence 
against Jews continued to be a problem, as did anti Semitic 
publications, although their number and circulation declined during the 
year. Serious corruption persisted in all branches of the Government. 
Societal problems included violence and discrimination against women, 
including domestic violence and sexual harassment in the workplace, and 
against children, as well as increased violence against persons of non 
Slavic appearance. Discrimination against Roma continued. Trafficking 
in persons continued to be a serious problem. Workers continued to face 
limitations on their ability to form and join unions of their choice 
and to bargain collectively.
    During the year the Government closed the long criticized Pavshyne 
migrant detention facility and opened two migrant detention centers 
that comply with international standards. The Ministry of the Interior 
established human rights monitoring departments in all regions to 
monitor human rights performance by police 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.--The Government or 
its agents did not commit any politically motivated killings; however, 
the media and human rights groups reported several allegations that 
security forces killed prisoners in custody. According to the Ministry 
of the Interior, three criminal investigations of police personnel were 
initiated on suspicion of, or charges of, unlawful killings in the 
first nine months of the year.
    On July 9, the Vinnytsia Group for Human Rights (VGHR) expressed 
concern about a suspicious death that occurred in the Vinnytsia Penal 
Colony on July 3 and urged the Prosecutor General's Office (PGO) to 
investigate. Facility personnel allegedly beat a Roma man to death 
following a clash between the victim and other inmates. The victim's 
relatives claimed that his body was covered with bruises, while prison 
personnel insisted that he died of a heart attack.
    According to the Chernihiv Society for Human Rights and the VGHR, 
Serhiy Kuntsevskiy died on October 2 in the office of the Pryluky city 
unit for combating organized crime in Chernihiv Oblast (region), after 
police allegedly raped and beat him to extract a confession. On October 
3, the Chernihiv Oblast prosecutor's office opened a criminal case 
based on charges of causing grave bodily injuries and abuse of office. 
Officials detained four law enforcement personnel. On October 29, the 
news Web site proUA.com reported that Interior Minister Yuriy Lutsenko 
dismissed the chief of the Chernihiv Oblast unit for combating 
organized crime.
    On February 14, the Ukrainian Independent Information Agency 
(UNIAN) reported that a police officer from Crimea, who tortured a 
suspect to death during interrogation in March 2007, was sentenced to 
eight and a half years in prison.
    There were no reports of developments in a number of cases from 
2007, including that of Petro Khudak, from the Nadvirna district of 
Ivano Frankivsk Oblast, who died in detention as a result of an alleged 
police beating in January 2007; a police officer from Sumy Oblast, who 
shot and killed a suspect from Trostyanets during interrogation on July 
2007; or the personnel at the Lukianivka facility, charged with 
negligence that resulted in two deaths in July 2007.
    Unlike in 2007 there were no reports of fatal attacks against 
politicians or politically active businessmen.
    No information was available about the trial, which reportedly 
began in early 2007, of three police officers from Kharkiv who 
allegedly beat Oleh Dunich to death in December 2005.
    On March 15, the Kyiv Court of Appeals found three former police 
officers guilty of murder in the 2000 killing of investigative 
journalist Georgiy Gongadze. The court sentenced Oleksandr Popovych and 
Valeriy Kostenko to 12 years in prison and Mykola Protasov to 13 years 
and ordered them stripped of their police ranks. The court found that 
the motivation behind the killing was political and related to 
Gongadze's professional activity. In early July the Supreme Court 
upheld the verdict. The journalist's widow, Myroslava Gongadze, 
continued her calls for a thorough investigation and expressed concern 
that a prime suspect, General Oleksiy Pukach, remained at large. On 
June 24, the Legal Affairs Committee of the Parliamentary Assembly of 
the Council of Europe (PACE) released a report about crimes by senior 
officials during the Kuchma era, urging the Government to bring to 
justice the instigators and the organizers of Gongadze's killing.
    There were continuing reports of deaths resulting from violence in 
the army; however, the Ukrainian Helsinki Human Rights Union (UHHRU) 
noted an increase in the number of investigations and disciplinary 
actions for those found responsible for hazing deaths. In the first 
nine months of the year, according to the PGO, authorities undertook 
135 criminal investigations related to physical violence in the armed 
forces. In the same period, 167 servicemen were convicted of inflicting 
bodily injuries in hazing incidents. The State Judicial Administration 
confirmed that in the first six months of the year, courts convicted 84 
persons for hazing, compared to 72 in the same period in 2007.
    Instances of reported death as a result of hazing during the year 
included the following: According to the newspaper Fakty (October 15), 
a local military court sentenced Mykhailo Shaban to five years for 
killing draftee Andrian Poperechniy by a blow to the chest on February 
10. Shaban reportedly testified to the Central Region Military Court of 
Appeals that he beat Poperechniy at an officer's request. The court 
ordered the Kyiv Central Office of the Military Service for Law 
Enforcement to pay the victim's parents and sister each 122,000 hryvnia 
(approximately $15,800) in damages. The Kyiv garrison military 
prosecutor appealed to the Supreme Court, claiming the death resulted 
from a fight.
    The newspaper Fakty wrote on July 29 that the parents of Maksym 
Babenko believed their son's death by suicide on June 8 was the result 
of hazing he experienced in military service. The Dnipropetrovsk 
garrison military prosecutor began a criminal investigation.
    On February 11, the PGO reported that the Kharkiv garrison military 
prosecutor completed his investigation of charges that a fellow soldier 
beat Yuriy Stashenko to death in December 2007; he forwarded the 
results of the investigation to the Kharkiv garrison local court.
    There was no further information on the 2007 appeal by the family 
of Oleksandr Rybka, who contended that the sentences given the two 
soldiers convicted of beating Rybka to death while he was attending 
basic training in 2006 were too light.
    There were reports that an investigation found no grounds to file 
charges in the March 2007 death of soldier Pavlo Bazyuk in Chop, 
Zakarpattia Oblast; his parents claimed that he died as a result of 
soldier on soldier violence. However, according to the PGO, military 
prosecutors opened a criminal case against the chief of military unit's 
medical staff for failing to provide proper medical treatment to 
Bazyuk, and the case went to court on April 24.
    During the year Vice Prosecutor General Renat Kuzmyn confirmed that 
the former deputy head of the Ministry of the Interior's organized 
crime directorate in Donetsk, Roman Yerokhin, was killed in 2006 by a 
police officer and that the case had been forwarded to court. On 
December 8, proUA.com reported that the PGO forwarded a criminal case 
to the Kyiv Court of Appeals charging five members of a criminal gang 
for the killing. At year's end the investigation was ongoing to 
determine who ordered the killing.
    In an interview in Ukrayinska Pravda on January 12, Prosecutor 
General Oleksandr Medvedko stated that an investigation into the 1999 
death of prominent nationalist and Ukrainian People's Movement leader 
Vyacheslav Chornovil was continuing.

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

    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While the constitution and the law prohibit such 
practices, police employed severe violence against persons in custody. 
On June 26, Human Rights Commissioner (ombudsman) Nina Karpachova told 
the press that torture and abuse of detainees remained a serious 
problem within law enforcement agencies. In her special report released 
during the year, she noted that law enforcement personnel accused of 
torture were too often charged with the less serious offense of abuse 
of office and not for committing torture.
    The Ministry of the Interior confirmed that authorities initiated 
16 criminal investigations of law enforcement personnel suspected of 
inflicting bodily injuries and of three suspected of torture and 
physical violence in the first nine months of the year. According to 
the PGO, 57 law enforcement personnel faced criminal liability for 
torture and inhuman and degrading treatment in the first nine months of 
the year.
    According to human rights groups, law enforcement personnel used 
force and mistreatment routinely to extract confessions and information 
from detainees. The UHHRU asserted that one third of criminal suspects 
were beaten into confessing. In its report on the country, Human Rights 
Watch (HRW) noted that torture and mistreatment in detention remained 
commonplace. According to HRW's May submission for the UN Human Rights 
Council's universal periodic review, police at times coerced testimony 
from drug users by withholding treatment for painful withdrawal 
symptoms. In a report issued following its visit from October 22 to 
November 5, the United Nations Working Group on Arbitrary Detention 
expressed concern about repeated reports it received of abuse and 
torture of suspects, particularly during their initial arrest and 
detention. According to human rights lawyer Tetyana Yablonska, 81 
percent of prisoners interviewed by the Ukrainian American Helsinki 
Bureau claimed that police beat them into making their confessions, 
while the practice of covering up those practices prevailed within the 
law enforcement and judicial systems.
    Examples of alleged police abuse included the following: On 
September 30, Gazeta po Kievski reported Volodymyr Hetmanenko's claim 
that he was tortured by police while in a pretrial detention facility 
in Crimea. He was reportedly held for five months on suspicion of 
involvement in a serial murder case before a court found him not 
guilty. One of the policemen he accused of torture, Stanislav 
Hodulianov, was arrested and charged with falsifying records, and the 
other, Oleh Koshoviy, remained at large at year's end.
    On February 11, UNIAN reported that Sumy Oblast prosecutors began 
an investigation of three police officers who allegedly used 
intimidation and psychological pressure to force victims to carry 
illegal drugs and then arrested them for possession. The officers' goal 
was to increase their number of arrests. There was no more information 
on the investigation at year's end.
    On March 24, Krymska Svitlytsia reported that law enforcement 
authorities in Crimea were investigating 20 police officers at the 
Simferopol railway station who allegedly used intimidation and physical 
force to falsely arrest, detain, take personal property, and extort 
money from passengers.
    On June 10, the VGHR reported that prison guards violently beat 
inmates at the Stryzhavska correctional colony in Vinnytsia Oblast and 
the Temnivska correctional colony in Kharkiv Oblast after they stated 
their intention to hold peaceful protests against their detention 
conditions.
    During the year authorities prosecuted police officers who abused 
persons in detention. In an article published in Holos Ukrayiny on 
September 17, Prosecutor General Medvedko claimed that cases of torture 
in the Ministry of the Interior and the State Penal Department (SPD) 
systems were nonsystemic and isolated. According to him, during the 
first six months of the year, the PGO received 573 complaints of 
torture but 80 percent of the complaints involved procedural 
violations, not torture, by detention facility administrators. The 
office opened 12 criminal investigations, five of which were 
subsequently forwarded to courts.
    Following their son's August 26 murder conviction, the parents of 
Oleksandr Voskoboinikov claimed that he and codefendant Oleksandr Sapon 
were tortured into confessing their guilt in the fatal stabbing of a 64 
year old swimming coach in 2006. The Shostka City District Court in 
Sumy Oblast sentenced Voskoboinikov to five years in prison. At year's 
end there was no more information available on the parents' plan to 
file an appeal.
    On March 21, the UHHRU reported that the Supreme Court upheld the 
Ternopil Court of Appeals' 2007 murder conviction of Ivan Nechyporuk 
and Oleksandr Motsniy. The men claimed they were tortured into making a 
confession. The case was under review by the European Court of Human 
Rights (ECHR).
    The SPD confirmed that Yuriy Moseenkov was wrongfully confined for 
20 months beginning in 2005 on suspicion of murder. Officials involved 
in the wrongful detention were disciplined, and the results of the 
criminal investigation were forwarded to the PGO for further action.
    There was no new information on the reported torture of a 17 year 
old detainee by two police officers in Dnipropetrovsk in 2006 and no 
indication that authorities were continuing to investigate the case.
    At year's end an investigation was continuing into the 2004 dioxin 
poisoning of then opposition presidential candidate Viktor Yushchenko. 
In an interview with the Austrian newspaper Der Standard in mid July, 
President Yushchenko stated that he knew who organized the poisoning 
and that the Government had officially requested their extradition from 
Russia. However, the Office of the Prosecutor General in Russia denied 
that there had been such a request. There were no reports on whether 
Ukrainian and Russian prosecutors conducted a joint analysis of dioxin, 
as announced in September 2007.
    There were reports that government prosecutors did not always 
respond to complaints of police abuse. For example, on August 11, 
lawyer Oleh Veremeyenko appealed to Interior Minister Lutsenko and 
Ombudsman Nina Karpachova to investigate police officers suspected of 
abusing Oleksiy Peresta and Volodymyr Vorodai after Kyiv city 
transportation prosecutors refused to prosecute their case. Peresta and 
Vorodai claimed that upon their arrival at a Kyiv railway station, 
police detained them without charge, robbed, and beat them. The Kyiv 
city transportation prosecutors argued that it found no proof that a 
crime was committed.
    Police officers were often not adequately trained or equipped to 
gather evidence through investigations and depended on confessions to 
meet ambitious quotas for solving cases. The law does not clearly 
prohibit statements made under torture from being introduced as 
evidence in court proceedings. Efforts to check these practices were 
made more difficult by an ineffective system for investigating 
allegations of abuse and by detainees' lack of access to defense 
lawyers and doctors.
    The law prohibits the abuse of psychiatry for political and other 
non medical reasons and provides safeguards against such abuse, but on 
a few occasions, according to the Ukrainian American Human Rights 
Bureau, persons involved in property, inheritance, or divorce disputes 
were wrongfully diagnosed with schizophrenia and confined to 
psychiatric institutions.
    There were no developments regarding the January 2007 report by the 
Ukrayina Moloda newspaper that medical personnel of a hospital for 
mentally disabled persons in the Svyatoshyn district in Kyiv abused 
patient Larysa Lempbert.
    Reports of hazing violence against conscripts in the armed force 
continued during the year.
    On September 5, Gazeta po Kievski reported that Kyiv garrison 
prosecutors opened an inquiry into a hazing incident that resulted in a 
ruptured spleen for soldier Dmytro Hrubskiy. The offender was 
reportedly sent to a disciplinary battalion.
    There were no reported developments regarding the investigation 
reported in August 2007 of charges that a sergeant at the Desna 
training center in Chernihiv severely beat another soldier, or 
regarding the investigation of allegations, reported in 2006, that an 
officer in the regional military unit in Novohrad Volynskiy beat his 
subordinates and threatened them with a weapon.

    Prison and Detention Center Conditions.--Prison and detention 
center conditions generally did not meet international standards; the 
Government permitted visits by independent human rights monitors. The 
NGO Donetsk Memorial reported that the Government's 2006 10 program for 
improving conditions for persons in custody remained unimplemented. 
According to the NGO head Oleksandr Bukalov, the SPD's main 
difficulties included lack of funding, low salaries, and inadequate 
legislation.
    The SPD stated that the state budget provided only 10 percent of 
the penal system's needs. Nevertheless, in the first nine months of the 
year, it spent 37.2 million hryvnia (approximately $4.8 million) on 
improvements to detention facilities.
    In an interview published in the parliamentary newspaper Holos 
Ukrayiny, Prosecutor General Oleksandr Medvedko stated that the most 
common cause of death in custody was disease contracted prior to 
incarceration.
    According to NGOs, conditions in prisons, which the SPD operates, 
remained poor but continued to improve slowly as a result of reforms in 
the penal system. Human rights groups continued to call for introducing 
full civilian oversight over the SPD by subordinating it to the 
Ministry of Justice and for the establishment of mobile monitoring 
groups to visit prisons, similar to those that visit police temporary 
holding facilities. According to the UHHRU, the absence of rigorous and 
impartial public oversight in SPD controlled facilities allowed serious 
problems such as beatings and unhealthy and unsafe living conditions. 
Human rights lawyer Arkadiy Bushchenko stated that the SPD relied on 
violence and cruelty to resolve violence among prisoners.
    According to the SPD, as of October 1, 146,827 persons were 
detained in 184 facilities under its control. The SPD confirmed that in 
2007, 729 individuals died while in custody, including those in 
pretrial detention facilities. Illness caused 673 of the deaths, while 
54 resulted from suicide and two were homicides. The PGO reported that 
397 prisoners died in the first six months of the year in SPD 
controlled facilities for convicted prisoners. Suicides accounted for 
21 of these deaths.
    As of November, authorities held almost 210,000 persons in police 
controlled facilities, 197,400 of whom were held in temporary holding 
facilities. Human rights organizations asserted that conditions in 
police temporary holding facilities and pretrial detention facilities 
were harsher than in low and medium security prisons. They were 
sometimes overcrowded or lacked adequate sanitation and medical 
facilities. The deputy head of the Cabinet Ministry's Department on Law 
Enforcement and Justice Bodies, Tetyana Viktorova, stated that the 
Government was concerned by the increase in the death rates in both 
prisons and pretrial detention facilities.
    On December 10, Gazeta 24 reported that the SPD's deputy chief 
Natalia Kalashnik believed that 88 percent of the country's pretrial 
detention facilities were unsuitable for long term detention.
    At the end of August, in response to an appeal by ombudsman 
Karpachova, the president asked the PGO and the Cabinet of Ministers to 
investigate conditions in police holding facilities in Crimea, Odesa, 
and Sevastopol. According to the ombudsman, criminal suspects in these 
facilities were kept in humiliating conditions that resembled 
``medieval torture.'' According to Karpachova, the Ministry of the 
Interior was concerned that police personnel in these facilities were 
also exposed to crowded and unhealthy conditions.
    There were several reports of self inflicted injuries and violent 
incidents in prisons and detention centers in Vinnytsia, Kharkiv, 
Rivne, Chernihiv, Luhansk, Donetsk, and Lviv oblasts. These incidents 
were frequently a result of unhealthy living conditions, a lack of 
medical care, and the harsh treatment of prisoners by facility staff, 
who beat prisoners and denied them food. For example, Ostriv, an online 
newspaper, reported that on January 24, three prisoners at Donetsk 
correctional colony No. 124 attempted suicide to protest violent 
treatment by prison personnel. Mykhailo Matangin of the Donetsk SPD 
denied the report, but local human rights advocate and lawyer Serhiy 
Salov stated on behalf of the prisoners that they had been subjected to 
beatings and other inhuman treatment.
    The SPD stated that it could not confirm that Andriy Riznychenko 
was beaten in Vinnytsia Prison No. 1 in June 2007. Several 
nongovernmental organizations (NGOs) reported that guards beat 
Riznychenko for several hours for having a mobile telephone card.
    According to human rights activist Yevhen Zakharov, on January 31, 
an antiterrorist unit entered the penal colony No. 46 in Rivne Oblast 
and beat 16 prisoners, despite the December 2007 annulment of a 
regulation permitting antiterrorism units at detention facilities. 
According to Zakharov, the SPD asked human rights groups not to report 
the incident.
    The SPD continued to deny allegations of the illegal use of force 
against prisoners. On August 27, deputy SPD head Mykola Iltyai told 
journalists that force was applied in cases specified by the law, such 
as when a prisoner tries to commit suicide or attacks prison personnel 
or fellow inmates.
    During the year the SPD denied allegations by human rights groups 
that it had improperly transferred 40 inmates out of Izyaslav 
correctional facility No.1 in Khmelnytskiy Oblast, following hunger 
strikes and the beating of prisoners at the facility in January 2007. 
Human rights groups called for an investigation of these incidents.
    The SPD also denied allegations that it used force against Oleksiy 
Povidaychyk after he reported abuse of another prisoner by prison 
guards. According to the SPD, the Vinnytsia prosecutor office 
determined in May 2007 that there was no evidence that Povidaychak was 
abused while in custody at penal colony No. 1 in Vinnytsia.
    Overcrowding and poor conditions in pretrial detention exacerbated 
the problem of tuberculosis (TB) among prisoners. Prison officials 
stated that mandatory screening of all new inmates for the disease 
reduced infection rates, and human rights organizations considered the 
presence of x ray machines in several prison facilities to be a 
positive development. According to the Web portal, Ukrprison, as of 
August, 149 TB infected inmates were isolated from the general 
population in a pretrial detention facility in Donetsk, with only one 
doctor to treat them. The SPD confirmed that in the first nine months 
of the year, 1,124 individuals in custody, 813 of them in correctional 
colonies and 311 in pretrial facilities, had an active form of TB.
    According to Prosecutor General Medvedko, on June 6, Odesa Oblast 
prosecutors opened a criminal investigation of abuse of office charges 
against personnel of the Odesa pretrial detention facility who 
allegedly assaulted an inmate. The investigation was ongoing at year's 
end. On June 6, prosecutors in Komsomolsk, Poltava Oblast, opened an 
investigation of local police officers who allegedly held 13 persons in 
degrading conditions in a police temporary holding facility that was 
officially closed. No further information on the investigation was 
available at year's end.
    Specialized medication was frequently not available for HIV 
infected prisoners. According to HRW's annual report, there was no 
medication assisted treatment in prisons, which meant that drug users 
were forced to suffer from abrupt withdrawal when taken into custody.
    On December 18, the ECHR found in favor of the family of Olha 
Biliak, who died in 2004 while in pretrial detention in the Lukianivka 
detention facility in Kyiv. Biliak's family claimed that the 
authorities failed to provide her with adequate medical treatment for 
HIV while she was in custody and failed to release her on medical 
grounds.
    No information was available on the 2006 criminal investigation of 
alleged abuses of authority by the administrators of two detention 
centers in Lviv Oblast.
    Human rights groups claimed that authorities inappropriately used 
prisoners as laborers, failed to compensate them adequately for their 
work, and forced them to work in dangerous and unhealthy conditions. 
For example, UNIAN reported on November 11 that the Security Service of 
Ukraine (SBU) discovered that the administration of correctional colony 
No. 137 in Luhansk Oblast received money for sending inmates to work at 
a local stone quarry. The colony's oversight and security chief 
received a fine and was allowed to retire from the penitentiary system.
    The Government permitted prison visits by human rights observers. 
Mobile monitoring groups, made up of representatives from human rights 
NGOs and interior ministry personnel, continued to visit police 
temporary holding facilities during the year. Human rights NGOs called 
for the establishment of similar mobile monitoring groups to visit 
prisons, run by the SPD. The SPD stated that it did not refuse visit 
requests by human rights organizations and that it cooperated with 
international and local NGOs. Prisoners and detainees were permitted to 
file complaints with the ombudsman concerning their conditions in 
custody, but human rights organizations noted that prison officials 
continued the practice of censoring or discouraging complaints. By law 
the prosecutor's and ombudsman's offices were obliged to disclose the 
names of inmates who filed complaints to the bodies against which they 
were filed, such as the SPD, subjecting the petitioners to possible 
reprisals from prison administrators.
    The United Nations Working Group on Arbitrary Detention, during its 
October 22-November 5 visit to the country, reported that it observed 
instances of minors who were being held in pretrial detention 
facilities in the same vicinity as adult detainees and convicts.

    d. Arbitrary Arrest or Detention.--The constitution and the law 
prohibit arbitrary arrest and detention; however, these remained 
problems.

    Role of the Police and Security Apparatus.--The Ministry of the 
Interior is responsible for maintaining internal order; it oversees the 
police and maintains its own armed troops. The SBU, the country's 
internal intelligence organization, reports directly to the president. 
The State Tax Administration, which exercises law enforcement powers 
through the tax police, is accountable both to the president and the 
cabinet. The law provides for civilian control of the army and law 
enforcement agencies and authorizes members of parliament to conduct 
investigations, including public hearings, into national security and 
defense issues. The ombudsman is also authorized to initiate 
investigations into the activities of relevant security forces.
    Police corruption remained a problem. According to the Interior 
Ministry, more than 5,000 law enforcement officers were subject to 
administrative disciplinary actions in the year. Of these, 105 were 
dismissed for corruption and criminal investigations were launched 
against 544 police personnel. The PGO confirmed that in the first 10 
months of the year, 280 law enforcement officers and three prosecutors 
were found criminally liable for corruption.
    On February 15, the media reported that the Kyiv prosecutor's 
office opened an investigation of the head of the city's own main 
criminal investigation unit, as well as of the chief investigator of 
one of Kyiv's district police offices, who were alleged to have 
accepted bribes in return for not pressing charges in a criminal case.
    On March 14, the Web site Glavred reported that the SBU special 
unit for combating corruption in Donetsk Oblast, jointly with local 
prosecutor's office, caught a police investigator taking a bribe in the 
amount of $9,000 in return for dropping criminal charges against a 
suspected rapist. The investigative unit of the prosecutor's office 
initiated a criminal case.
    On September 22, the proUA.com Web site reported that Kirovohrad 
Oblast prosecutors opened a criminal case against two local police 
officers on charges of demanding a bribe from a local resident to 
release his son detained on suspicion of theft. They were also accused 
of torturing the son with electric shock while he was in detention. The 
investigation was ongoing at year's end.
    There were no reported developments related to April 2007 media 
reports that the SBU in Kyiv detained the head of a district for 
combating organized crime and narcotics for demanding a bribe not to 
arrest a Kyiv resident.
    There were no reported developments related to attempts to punish 
investigators suspected of torturing, falsely imprisoning, and 
demanding a bribe for the release of Volodymyr Chukhrai. He was 
released in April 2007 after spending eight years in a high security 
prison.
    There were no developments regarding the 2006 cases involving a 
police lieutenant in Kyiv who was detained for demanding a bribe of 
5,000 hryvnia (approximately $645) or the two investigators from the 
Odesa regional department of the Ministry of the Interior charged with 
bribery and extortion.

    Arrest and Detention.--By law authorities may detain a suspect for 
three days without a warrant, after which an arrest order must be 
issued. The courts may order the extension of detention without an 
arrest warrant for an additional 10 days. The law permits citizens to 
contest an arrest in court or appeal it to the prosecutor. The law 
requires that officials notify family members immediately concerning an 
arrest, although human rights NGOs noted that sometimes the police did 
not do so.
    Despite these legal safeguards, lengthy pretrial detention remained 
a problem. Human rights groups asserted that the number of suspects in 
detention was much higher than the number of those convicted of 
criminal offenses. There were unsanctioned arrests, mainly for the 
purpose of obtaining confessions, and investigative police employed the 
practice of not keeping records of detained suspects (unregistered 
detention).
    Individuals often remained in detention for months or in some cases 
years before being brought to trial, and the situation did not improve 
during the year. According to domestic human rights organizations, the 
investigation process took four to five months on average.
    Human rights organizations reported that police continued to 
arbitrarily use the initial period of detention, when individuals can 
be detained without a warrant, to extract evidence that could be used 
against the detainee. Often courts extended detention to 10 days to 
allow police more time to obtain confessions.
    During its October 22-November 5 visit the UN Working Group on 
Arbitrary Detention noted the following: continued practice of 
employing pretrial detention of persons suspected of less grave crimes; 
a perceived lack of independent and effective control over the process 
by the judiciary; and restrictions imposed upon pretrial detainees, 
such as denying them contact with their families before the 
commencement of court trials.
    On April 8, the online journal Korrespondent reported that a judge 
in Zhytomyr sentenced individuals to 15 days in a temporary police 
holding facility in order to use them to work on his father's property. 
The local prosecutor's office determined that the judge had committed 
similar abuses on several occasions. The judge was detained. No new 
information was available at year's end.
    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, giving police time, according to legal observers, 
to coerce confessions. 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 payment the Government provided.
    Reports continued of police arbitrarily detaining persons, 
particularly persons of non Slavic appearance, for extensive document 
checks and vehicle inspections.
    Although the law provides for bail, it was rarely used; many 
defendants could not pay the bail amounts imposed by law. Courts 
sometimes imposed restrictions on travel outside a given area as an 
alternative to pretrial confinement. However, they generally opted to 
place individuals in pretrial detention facilities, a practice that 
human rights observers criticized as contributing to overcrowding.
    Although the president ordered an investigation in 2007 to 
determine whether judges and prosecutors fabricated facts to convict 
journalist Ruslan Antonyk, believed by human rights observers to have 
been wrongly convicted of murder in 2000, there were no reports 
indicating whether the investigation continued. The president pardoned 
Antonyk in June 2007.
    Human rights organizations reported that persons remained in 
detention for long periods awaiting trial. Human rights organizations 
continued to report that persons detained were at times not informed of 
their rights as required by law.
    Justice Minister Mykola Onishchuk, in comments posted on the 
Ministry of Justice Web site, stated that each year between 10,000 and 
15,000 individuals were kept in pretrial detention facilities without a 
valid reason.
    On April 4, the television channel NTN reported that a court 
ordered the release of a resident of Luhansk, Serhiy Lesnyak, after the 
court determined that he had been wrongfully confined for more than 
three years. All charges against him were dropped and he reportedly 
planned to sue the Government for the physical suffering and mental 
anguish that occurred as a result of his wrongful confinement.

    Amnesty.--Through December 23, President Yushchenko pardoned 885 
persons, including women, elderly men, persons with disabilities, and 
persons with several children. On December 12, on the occasion of the 
anniversary of the Universal Declaration of Human Rights, the Verkhovna 
Rada passed a bill granting amnesty to more than 3,000 convicted 
persons.

    e. Denial of Fair Public Trial.--The constitution and law provide 
for an independent judiciary, but in practice the judiciary remained 
subject to pressure from the executive and legislative branches and 
also suffered from corruption and inefficiency. Some accused the 
president of attempting to put pressure on courts by disbanding them, 
while others accused some members of the prime minister's parliamentary 
bloc of trying to interfere with the courts' activities.
    According to the UHHRU, the right to a fair trial was limited by 
lengthy court proceedings, particularly in administrative courts; 
political pressure on judges; inadequate funding for courts; the lack 
of qualified legal assistance for defendants; and the inability of 
courts to enforce their rulings.
    There were no developments in the criminal investigation into 
political interference in the activities of the Pechersk District Court 
in Kyiv in 2007.
    There were indications that suspects often bribed court officials 
to drop charges before cases went to trial or to lessen or commute 
sentences.
    During a January meeting with PACE's corapporteurs, Ombudsman 
Karpachova noted that a majority of citizens' appeals for her 
assistance concerned the lack of fair trial guarantees.
    The PGO, according to July 15 media reports, announced that the 
former chiefs of the Makiyivka criminal investigation office and the 
police department for juvenile crimes in Donetsk Oblast were charged 
with forcing Svitlana Zaytseva to confess to a murder that she did not 
commit. As a result, she was sentenced to seven and one half years in 
prison in 2001. A year after the real killers were found, Zaytseva was 
released, but she died shortly afterward of tuberculosis. Authorities 
were investigating the case at year's end.
    Except for the Supreme Court, Constitutional Court, and high 
specialized courts, the courts were funded through the State Judicial 
Administration (SJA), which was also responsible for staffing courts. 
The ministries of Justice and Education were responsible for training 
judges. The judiciary's lack of adequate staff and funds contributed to 
inefficiency and corruption and increased its dependence on the 
executive branch. The SJA acknowledged that courts lacked adequate 
funding and technical informational support and did not have adequate 
facilities.
    During the year the High Council of Justice requested that 
parliament dismiss eight judges for violating the oath of office. All 
eight of the judges were dismissed.
    On October 21, HRW released a statement calling upon the 
authorities to respect the independence of the judiciary and 
criticizing both the president and the prime minister for seeking to 
use courts as a political tool. For example, during a legal dispute 
over his decree calling for early parliamentary elections, President 
Yushchenko annulled his appointment of a Kyiv District Administrative 
Court judge on October 14 and abolished the court itself, after it 
ruled in favor of an appeal by the political bloc of his sometime 
rival, the prime minister. The Political and Legal Reforms Center 
reported that members of parliament from the prime minister's bloc 
physically prevented the judges of the Administrative Appeals Court 
from leaving their chambers, making it impossible to hold a hearing on 
a legal appeal from the president.
    While the law provides for judicial independence, in some cases it 
also gives the president considerable power over the judiciary. The 
president has authority, with the agreement of the Ministry of Justice 
and the chair of the Supreme Court, or of a corresponding higher 
specialized court, to establish and abolish courts of general 
jurisdiction. The president determines the number of judges in the 
court system, appoints and removes chairpersons and deputy chairpersons 
of courts, and establishes appellate commercial and appellate 
administrative courts. The president, upon the recommendation of the 
prime minister and with the concurrence of the Judicial Council, 
appoints the head of the SJA.
    Authorities' failure to enforce court decisions in civil cases 
undermined the independence and strength of the courts. The State 
Executive Service is responsible for enforcing most civil decisions, 
and the number of cases referred to it continued to grow. Provisions 
permitting criminal punishment for noncompliance with court decisions 
were rarely used.
    The country has a civil law system relying on codes, laws, and 
separate acts. The multifaceted court system consists of the 
Constitutional Court and courts of general jurisdiction. The courts of 
general jurisdiction deal with civil, economic, administrative, and 
criminal forms of justice. They include general courts and specialized 
courts. The Supreme Court is the highest body in the system of courts 
of general jurisdiction. It has civil, criminal, commercial, and 
administrative chambers and a military panel of judges. The local 
courts, subdivided into local general and local economic courts, are 
the main courts involving individuals. The high specialized courts and 
relevant chambers of the Supreme Court perform cassational court 
functions.
    According to a spring survey on corruption within the judicial 
system carried out as part of the Promoting Active Citizen Engagement 
project, almost one third of lawyers and prosecutors believed that 
corruption was common at all stages of court proceedings. Moreover, 64 
percent of the surveyed lawyers and public prosecutors believed that 
corruption within the court system became more widespread during the 
previous year. According to citizens surveyed, the major problems 
included delays in court proceedings and immunity for judges.
    Judges are immune from prosecution and may not be detained or 
arrested without the consent of parliament. There were numerous media 
reports of judges accepting bribes. For example, UNIAN reported on May 
28 that the Chernihiv oblast prosecutor's office initiated a criminal 
case against the head of a District Court for allegedly accepting a 
bribe to reduce a sentence. On June 5, the Kommersant Ukraine newspaper 
cited the chairman of the parliamentary Committee on Justice, Serhiy 
Kivalov, as saying that the Presidential Secretariat had agreed not to 
pursue corruption charges against former constitutional court justice 
Syuzanna Stanik in exchange for her agreement to resign. Stanik was 
alleged to have been involved in corruption in April 2007.
    By law the Constitutional Court consists of 18 members, six each 
appointed for nine year terms by the president, parliament, and the 
Congress of Judges. It has three panels of judges. The Constitutional 
Court is the ultimate interpreter of legislation and the constitution. 
It determines the constitutionality of legislation and other 
parliamentary legal acts, presidential edicts, cabinet acts, and legal 
acts of the Crimean Autonomous Republic, and it issues opinions 
concerning constitutionality of international treaties and agreements.

    Trial Procedures.--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, these rights were limited by the absence of implementing 
legislation, which left a largely Soviet era criminal justice system in 
place. The defendant is formally presumed innocent, but the system 
maintained the high conviction rates characteristic of the Soviet era.
    The law provides for broad use of juries, but a system of juries 
had not been implemented. Most ordinary cases were decided by judges 
who sit singly, although cases that involved the possibility of a life 
prison sentence, the maximum penalty in the country's criminal justice 
system, were heard by two judges and three public assessors (lay judges 
or professional jurors with some legal training).
    By law a trial must begin no later than three weeks after criminal 
charges are filed with the court; however, this requirement was rarely 
met by the overburdened court system. Months could pass before a 
defendant was brought to trial, and human rights groups claimed that 
the situation did not improve during the year. Complicated cases could 
take years to go to trial.
    The law specifies that a defendant may speak with a lawyer in 
private; however, human rights groups reported that officials 
occasionally denied this client attorney privilege. The law also 
requires free legal counsel for all defendants, but free counsel was 
often unavailable. To protect defendants, investigative files must 
contain signed documents attesting that defendants were informed of the 
charges against them, of their right to an attorney at public expense, 
and of their right not to give evidence against themselves or their 
relatives. Appeals courts may dismiss convictions or order new trials 
if these attesting documents are missing; however, officials sometimes 
verbally and physically abused defendants to obtain their signatures.
    By law trials are held in public and defendants have the right to 
confront witnesses. However, courtroom space was often limited, and 
media personnel were at times not able to attend and report on court 
proceedings.
    Legal provisions permitting the names and addresses of victims and 
witnesses to be kept confidential if they requested protection were 
insufficient to prevent criminal groups from routinely using 
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, but human rights 
organizations claimed that this system continued to be ineffective.
    There were no developments in the March 2007 case of Vadym Cherkas, 
a local human rights activist who was sentenced to 10 days' in jail by 
a Donetsk court for disturbing the peace and public profanity, or in 
the case of the activist Mykola Harmash of the People's Self Defense 
political movement, who was illegally detained in March 2007 and held 
for an undetermined period of time at the Leninskiy district police 
temporary holding facility in Shcholkino.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--The constitution gives 
citizens the right to challenge in court any decisions, actions, or 
omissions of national and local government officials that violate their 
human rights.
    The law protects the rights, freedoms, and interests of individuals 
from violation by the Government and public officials and allows court 
challenges in cases involving illegal government activities or failure 
to enforce legal protections. Potential victims may also file a 
collective legal challenge to legislation that they believe may violate 
basic rights and freedoms without requiring them to show that they are 
directly affected. Citizens may appeal to the ombudsman and, after 
exhausting all domestic legal remedies, may take cases to the 
appropriate international bodies, such as the ECHR, of which the 
country is a member or participant. However, citizens' right of redress 
was limited by the inefficiency, and at times the corruption, of the 
judicial system.

    Property Restitution.--Restitution of property taken from religious 
groups under the Soviet regime continued at a slow pace, partly as a 
consequence of the country's economic situation, which limited funds 
available to relocate occupants of seized religious property. In 
addition, intracommunal competition for particular properties 
complicated restitution claims for the Christian, Jewish, and Muslim 
communities. The State Committee on Nationalities and Religion (SCNR) 
declared that the majority of buildings and objects had already been 
returned to religious organizations and that many of the remaining 
properties for which restitution was being sought were complicated by 
that fact they were occupied by state institutions, were historic 
landmarks, or had been transferred to private ownership. The SCNR 
stated that there was a lack of government funding to assist in 
relocating organizations occupying these buildings. The SCNR also noted 
that restitution claims frequently fell under the jurisdiction of local 
governments.
    On September 18, the Kyiv City Council returned a former monastery 
building on Tryokhsvyatytelska Street to the Orthodox Church of the 
Kyiv Patriarchate.
    On October 26, the Chernivtsi City Council authorized the transfer 
of a synagogue building to the local Jewish community.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Although the constitution prohibits such actions, in 
practice authorities infringed citizens' privacy rights. By law the SBU 
may not conduct intrusive surveillance and searches without a court 
issued warrant.
    The PGO has the constitutional responsibility to ensure that law 
enforcement agencies, including the SBU, observe the law. The 
constitution gives citizens the right to examine any dossier concerning 
them in the possession of the SBU and to sue to recover losses 
resulting from an investigation. Authorities generally did not respect 
these rights in practice, however, as the necessary implementing 
legislation had not been enacted.
    On January 26, media reported that Mykolayiv Mayor Volodymyr Chaika 
discovered several video surveillance cameras in his office and 
requested that the SBU investigate the incident. At a press conference 
on August 6, Chaika accused the former chief of the department's crime 
unit combating organized crime unit in Mykolayiv Oblast, Serhiy 
Humenyuk, of having ordered the installation of the equipment without 
legal authority.
    No further reports were available concerning the criminal 
investigation begun in February 2007 into the release of a transcript 
of a 2006 telephone conversation between then speaker of parliament 
Oleksandr Moroz and the British ambassador, which appeared on the 
Internet.
    There were no reported developments following press reports in May 
2007 that the SBU detained eight members of a private company that 
allegedly engaged in unlawful surveillance and telephone tapping.
    On January 31, the head of the parliamentary committee on national 
security, former Defense Minister Anatoliy Hrytsenko, told journalists 
from the television broadcast Inter Channel that the practice of 
illegally disseminating confidential information about individual 
citizens should be stopped. Investigative journalists claimed that it 
was possible to buy confidential information on individual citizens at 
local markets.
    On February 26, the newspaper Kommersant Ukrayina reported that the 
PGO had completed its investigation of interior ministry personnel 
charged with unlawful eavesdropping on politicians, including Yulia 
Tymoshenko and Block of Yulia Tymoshenko MP Viktor Shvets, during the 
2004 presidential campaign. At year's end the PGO had not forwarded the 
results of its investigation to the courts.
    On September 1, the Kulykiv District Court in Chernihiv Oblast 
sentenced a member of the Chernihiv City Council, Dmytro Shevchuk, to 
more than four years' imprisonment and city council employee Oleksandr 
Fesyuk to four years' imprisonment, with a suspended sentence of two 
years, for tapping telephone conversations of Chernihiv Oblast 
administration officials.
    According to HRW, health workers often violated the privacy of 
persons with HIV/AIDS by disclosing confidential information about 
their HIV status.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The constitution and law provide 
for freedom of speech and the press; the Government generally respected 
these rights in practice.
    There were instances of violence and other harassment of 
journalists. On March 16, unknown assailants severely beat Serhiy 
Tsyhipa, an independent investigative journalist, in Kherson Oblast. 
Tsyhipa was known for critical reporting about local authorities. On 
December 1, in an open letter to Prosecutor General Medvedko, Tsyhipa 
claimed that local prosecutors refused to investigate his beating 
because he allegedly had not provided confirmation that he was a 
journalist. Tsyhipa disputed this claim and complained to the PGO. At 
year's end no one had been arrested for the attack.
    On September 16, police beat Maksym Abramovskiy, a correspondent 
for the Ostriv newspaper and deputy head of the Donetsk Independent 
Media Union, and his colleague Olena Mykhailova while the journalists 
were videotaping police officers stopping cars for roadside 
inspections. The police seized the camera and damaged the tape. No 
criminal case was opened.
    There were no reported developments involving investigations of a 
number of attacks on journalists in previous years, including: the 
February 2007 attack on the news director of Dnipropetrovsk's Channel 
9, Anatoliy Shynkarenko; the September 2007 burning of the automobile 
of Serhiy Harmash, chief editor of the Donetsk based Internet 
publication Ostriv; the reported disappearance of journalist Anatoliy 
Kachurynets, last seen in 2006; or the investigation, opened in 2007, 
into the 2006 death of Norik Shirin, founder and publisher of the Holos 
Molodi newspaper.
    On December 25, the Supreme Court upheld the acquittal on September 
17 by the Mykolaiv Oblast Court of Appeals of Crimean journalist 
Vladimir Lutiev, who had been involved in legal proceedings since 
November 2002 (including approximately two years in jail). Lutiev had 
been charged with complicity in the murder of a member of the Crimean 
parliament. Lutiev claimed the charges were brought against him in 
revenge for articles in his newspaper criticizing regional government 
officials and discussing organized crime. The country's human rights 
ombudsman intervened on his behalf.
    On April 10, the Kyiv prosecutor's office terminated its 
investigation into Party of Regions MP Oleh Kalashnikov's alleged 
assault on a television news crew in 2006. In May the President's 
Commission on Freedom of Speech and Development called on the PGO to 
review the closing of the investigation. At year's end the PGO had yet 
to inform the public about its findings.
    On July 14, the national media watchdog Institute for Mass 
Information (IMI) released a statement expressing concern about 
Ukrayinska Pravda investigative journalist Serhiy Leshchenko, who was 
forcibly brought in for questioning by the PGO regarding the case of 
the 2004 poisoning of President Yushchenko. The journalist was released 
after seven hours of questioning but was brought back two days later 
for six more hours. Several journalists believed the lengthy 
interrogation represented an attempt to intimidate Leshchenko, who is 
known for publications exposing abuse by senior government officials. 
On July 16, President Yushchenko released a statement expressing 
concern about measures used by the PGO and demanding an official 
explanation concerning the incident.
    Private media outlets operated free of state control; however, both 
the independent and government owned media continued at times to 
demonstrate a tendency toward self censorship on matters that the 
Government deemed sensitive. Although private newspapers were free to 
function on a purely commercial basis, they often depended on political 
patrons.
    There were no reports that the central authorities attempted to 
direct media content; however, on September 29, UNIAN reported that the 
entire staff of the municipally owned newspaper Molod' Cherkashchyny 
(Cherkasy Youth) was dismissed allegedly for political reasons. 
According to editor in chief Yulia Skakun, the owner, oblast Governor 
Oleksandr Cherevko, did not like the newspaper's critical reporting 
about the Our Ukraine political bloc and about himself. The media Web 
site Telekritika reported that members of parliament asked the PGO to 
investigate the governor's actions and open a criminal case to 
determine if charges should be filed against him.
    There were reports of intimidation of journalists, including by 
local officials. According to IMI, at least 27 journalists were 
subjected to physical attacks or intimidation as of November. The 
majority of these cases, however, did not appear to be centrally 
organized and were often attributed to local politicians, businessmen, 
or organized criminal groups.
    Journalists complained that the owners of television media outlets, 
who were often closely connected to leading political figures, unduly 
influenced the editorial content of news programming. For example, on 
January 29, IMI reported that Channel 5 closed its news program, Chas 
(Time), and dismissed the program's director and host Yehor Sobolev. 
According to Sobolev, the decision resulted from a conflict with the 
channel's majority shareholders over Sobolev's coverage of the 2007 
preterm parliamentary election campaign and the shareholders' attempts 
to dismiss journalist Ihor Slisarenko from Channel 5 in 2007.
    In addition, there were many reports that journalists and media 
officials were willing for a price (dzhynsa) to slant reporting or 
print articles favorable to certain persons or causes. In response to 
these and a series of similar conflicts, a group of journalists, 
members of the Independent Media Union, launched a campaign against 
prepaid reports and hidden advertising presented as news. The 
journalists maintained that low official salaries encouraged 
journalists to supplement their incomes with undocumented payments from 
benefactors seeking to influence news reporting.
    Media monitoring groups noted that municipally owned media favored 
the incumbent mayor, Leonid Chernovetskiy, during the Kyiv mayoral 
elections. On May 23, IMI alleged that the Svobova (Liberty) talk show 
on the privately owned television station Inter Channel was not aired 
because it invited all main candidates in the Kyiv mayoral race. The 
day before, privately owned Channel 1+1 cancelled its political talk 
show, I believe so, because of the planned participation of opposition 
mayoral candidate Vitaliy Klychko. In response to these allegations, 
Chanel 1+1 explained that it chose not to favor individual candidates 
on its programs, but IMI noted that the channel's morning programs on 
the same day hosted Chernovetskiy bloc officials.
    Continued dependence by some media on government resources may have 
inhibited investigative and critical reporting.
    Inadequate access to government held information was a problem, 
particularly in the regions, according to IMI and the UHHRU, which 
asserted that most government agencies regularly denied requests by 
journalists and others for basic public interest information. For 
example, according to IMI, it took the president's secretariat seven 
months to respond to its inquiry concerning a controversial government 
award to Judge Mariya Pryndyuk, who, according to IMI, hampered the 
investigation of the Gongadze murder case.
    Licensing provisions require that national media outlets broadcast 
at least 75 percent of their programs in Ukrainian, a policy that many 
citizens whose first language was not Ukrainian regarded as 
discriminatory.
    The law limits the amount of damages that may be claimed in libel 
lawsuits and allows the press to publish inoffensive, nonfactual 
judgments, including criticism, without penalty; however, media 
watchdog groups continued to express concern over extremely high 
monetary damages that were demanded, and sometimes awarded, for alleged 
libel. Government entities and public figures, in particular, continued 
to use the threat of civil suits based on alleged damage to a 
``person's honor and integrity'' to influence or intimidate the press. 
According to the UHHRU, during the year the amounts awarded for 
successful suits on these grounds increased, although the number of 
such lawsuits dropped.
    On May 23, the Desnyanskiy District Court in Kyiv upheld a 46 
million hryvnia (approximately $6 million) defamation lawsuit by 
businessman Yuriy Sydorenko against the Blitz Inform holding company 
and two journalists of The Business Newspaper. The court ordered the 
company to pay 24.2 million hryvnia (approximately $3.1 million) in 
damages. The company appealed and on September 24, the Kyiv Court of 
Appeals dropped the payment for moral damages to the plaintiff.
    According to the Association of Media Lawyers, courts rendered 738 
guilty verdicts in libel cases over the previous 10 years; 25 percent 
of the plaintiffs demanded a retraction only, 70 percent demanded a 
retraction and an award for damages, and 1.37 percent demanded the 
closure of the media outlet.
    In some instances media representatives experienced problems 
gaining access to court hearings and governmental meetings. In June the 
Donetsk Oblast prosecutor's office initiated a criminal case against 
policemen who severely beat a journalist of the Ostriv newspaper, Ihor 
Nezhurko, while he was reporting on an open court hearing in the 
Voroshylivskiy district of Donetsk.
    On March 27, journalists Nina Rykova of the newspaper 2000, Nina 
Chevela, of the Slovyansk based SAT plus television company, and Anton 
Skvortsov, of the TV plus newspaper, claimed they were not allowed to 
attend an open trial in the Slovyansk City Court.

    Internet Freedom.--According to the State Committee on 
Communication and Informatization, 10 million persons used the 
Internet. The Government did not restrict access to the Internet, but 
human rights organizations asserted that law enforcement bodies 
monitored its use.

    Academic Freedom and Cultural Events.--There were no reports of 
government restrictions on academic freedom or cultural events.

    b. Freedom of Peaceful Assembly and Association.--Freedom of 
Assembly.--The constitution provides for freedom of assembly, but in 
some instances regional governments infringed on these rights. Since 
there is no national law governing freedom of assembly, the Code of 
Administrative Justice and case law prevailed. In addition, local 
authorities at times invoked a Soviet era resolution on freedom of 
assembly that was more restrictive than the current constitution.
    The constitution requires that demonstrators inform authorities of 
a planned demonstration in advance. The Soviet era resolution, which 
local governments sometimes used to define ``advance notice,'' 
stipulates that organizations must apply for permission at least 10 
days before a planned event or demonstration. In most cases permits 
were granted to those who requested them, and in practice unlicensed 
demonstrations were common and generally occurred without police 
interference, fines, or detention, though there were several 
exceptions.
    In the first nine months of the year, according to the Ministry of 
the Interior, administrative charges were brought against 16 
individuals for infringement of the law on organizing and holding 
public gatherings.
    The Republic Institute (RI), a local monitoring group, stated that 
most restrictions on assembly involved protests against construction 
projects and protests against the country's integration into NATO and 
its participation in the Sea Breeze military exercise. The institute 
noted that pro NATO demonstrations by the propresidential Our Ukraine 
party were not banned by authorities. By contrast, in Crimea, according 
to the Association of Independent Crimean Journalists, law enforcement 
bodies restricted freedom of assembly for groups seeking to gather in 
support of NATO and favoring the recognition of the 1932 33 Great 
Famine (Holodomor), and Ukrainian Insurgent Army, while groups opposed 
to these policies were allowed to demonstrate.
    Authorities prohibited at least one progay demonstration, by the 
Mykolayiv based organization for gays, lesbians, and bisexuals, Liga, 
on the grounds that some religious organizations were against it and 
there was the potential for disturbing the public peace.
    The RI reported that on July 3, the Odesa District Administrative 
Court upheld a lower court's appeal and forbade the Progressive 
Socialist Party (PSPU) from gathering in the area of Chornomorske 
village in Odesa Oblast from July 3 to 31. The PSPU intended to protest 
a NATO Partnership for Peace military exercise that was scheduled to 
take place there at that time.
    On March 5, the Luhansk branch of the Committee of Voters of 
Ukraine (CVU) filed an administrative appeal against the Severodonetsk 
City Council's January 25 decision requiring permission of the city 
council to hold sporting, musical, religious, and civic political 
events in the Ice Palace of Sports, and banning all other activities. 
The CVU was concerned that local authorities would permit political 
events to be held at the arena based on their political preferences.
    There were occasional reports that police used excessive force to 
disperse unsanctioned protests. For example, Interior Minister Lutsenko 
publicly admitted that police used excessive force on March 16 when 
they dispersed protesters at a construction project on the grounds of 
the Zhovtneva hospital in downtown Kyiv.
    There were no reports of any investigation or charges related to 
the violent dispersal by police of a protest against the erection of 
the monument to Catherine the Great in Odesa in September 2007. 
Authorities had banned protests at the site. In another case there were 
no indications of the progress or outcome of an investigation opened in 
September 2007 into the failure of Odesa police and city officials to 
prevent supporters of the pro Russia Unified Motherland organization 
from beating Ukrainian nationalists during a demonstration.

    Freedom of Association.--The constitution and the law provide for 
freedom of association; while the Government generally respected this 
right in practice, some restrictions remained. Registration 
requirements for organizations were extensive, but there were no 
reports that the Government used them during the year to disband 
existing legitimate organizations or to prevent new ones from being 
formed.
    On April 3, the ECHR ruled unanimously in the case of Koretskyy and 
Others v. Ukraine that authorities violated the freedom of association 
provisions of the European Convention on Human Rights when they refused 
in 2000 to register a civic association whose aims related to 
environmental preservation.
    The law places restrictions upon organizations that advocate 
violence or racial and religious hatred, or that threaten public order 
or health. According to the PGO, the SBU opened criminal investigations 
of two separatist groups, the Popular Front Sevastopol Crimea Russia 
and the Association 'Sejm of Pidkarpattia Rusyns, for holding 
demonstrations.

    Freedom of Religion.--The constitution and the law provide for 
freedom of religion, and the Government generally protected this right; 
however, some minority and nontraditional religions experienced 
difficulties in registration and in buying and leasing property. There 
is no formal state religion, but local authorities at times favored the 
religious majority in their particular regions.
    The law requires that a religious group register its ``articles and 
statutes,'' either as a local or a national organization, and to have 
at least 10 adult members in order to obtain the status of a 
``juridical entity.'' Registration is necessary to conduct many 
business activities, including publishing, banking, and property 
transactions. The Spiritual Directorate of Muslims of Ukraine reported 
some difficulties with registering new religious communities in Crimea 
due to what it considered the political bias of some local authorities.
    Religious organizations, including members of the All Ukraine 
Council of Churches and Religious Organizations, continued to complain 
that despite their repeated requests, parliament did not adopt 
legislative amendments to give them the right to own or permanently use 
land plots. As a result they continued to pay commercial rates to rent 
the land on which places of worship and other religious buildings were 
located. They also complained that their organizations did not receive 
exemption from paying value added taxes despite requests for a more 
favorable status.
    Some religious communities encountered difficulties in dealing with 
the municipal administrations in Kyiv and other large cities to obtain 
land and building permits or to rent office space. However, these 
problems were not limited to religious groups and in many cases could 
be attributed to financial reasons rather than bias against a 
particular religious community.
    On September 2, the city administration authorized work to rebury 
the human remains on the site of a former Jewish cemetery in Vinnytsya, 
following protests by the Jewish community against the construction of 
a residential building on the site.
    At year's end commercial construction on the site of the former 
Lviv synagogue and surrounding buildings was halted pending an 
archeological study. Representatives of the Jewish community had 
protested the construction.
    In August the Jewish community reiterated previous complaints that 
the open air Krakivskiy Market in Lviv was located on the grounds of an 
ancient Jewish cemetery and that periodic digging to erect market 
kiosks disturbed the sanctity of the site. They called on the city to 
relocate the market. The city offered to construct a memorial park on 
the remaining undeveloped part of the cemetery in 2010 but explained 
that it could not relocate the market because some of the buildings at 
the market were private property.
    The representative in Crimea of the Ukrainian Greek Catholic Church 
complained that the Yalta Municipal Council refused to finalize the 
allocation of a land plot for the construction of what would be the 
only Greek Catholic church in the city. They also mentioned reluctance 
of municipal governments in Simferopol and Yevpatoriya to allocate land 
for church construction.
    Restitution of communal property confiscated by the Soviet regime 
remained a problem.
    The law restricts the activities of foreign based religious 
organizations and narrowly defines the permissible activities of the 
clergy, preachers, teachers, and other noncitizen representatives of 
foreign based religious organizations; however, there were no reports 
that the Government used the law during the year to limit the activity 
of such religious organizations.
    The Government promoted interfaith understanding by frequently 
consulting the All Ukraine Council of Churches and Religious 
Organizations, whose membership represented the faiths of more than 90 
percent of the religiously active population. The council met every two 
or three months, giving members and government representatives the 
opportunity to discuss interfaith concerns. Regional administrations 
and local religious leaders in most regions have formed regional 
councils of churches and religious organizations.

    Societal Abuses and Discrimination.--Tensions continued between the 
Ukrainian Orthodox Church Kyiv Patriarchate (UOC KP), the Ukrainian 
Orthodox Church Moscow Patriarchate (UOC MP), and the Ukrainian 
Autocephalous Orthodox Church (UAOC) when congregations attempted to 
change jurisdictions between the factions. For example, the UOC MP, UOC 
KP, and the local government did not resolve differences over the use 
of the Holy Trinity Church in Rokhmaniv Village in Ternopil Oblast 
after the congregation split between the churches. In another example, 
the UOC KP and UAOC were unable to settle their dispute over the 
ownership of the St. George Church in Odesa that resulted from the 
decision of an archpriest in charge of the parish to change affiliation 
from the UOC KP to the UAOC.
    Vandalism of religious sites and monuments continued to be a 
problem. According to media reports, from January to mid May, the 
Ministry of the Interior registered 873 instances of desecration of 
burial sites around the country. There were also several instances in 
which churches and cemeteries were vandalized.
    On March 3, unidentified vandals overturned a cross located near 
the Holy Nativity Cathedral of the UOC MP in Severodonetsk, Luhansk 
Oblast. The cross was erected in memory of victims of the Soviet era 
famine. In late March vandals destroyed a crucifix and painted graffiti 
at the Armenian Cathedral in Lviv.
    In mid April police detained three secondary school students who 
damaged more than 100 gravestones at two Christian cemeteries in 
Dobropillya, Donetsk Oblast.
    On June 25, two men vandalized the sanctuary and damaged icons at 
the Dormition Church of the UOC MP's St. Nickolas Monastery in the 
Korop District, Chernihiv Oblast, and injured two monastery staff who 
tried to stop the desecration. One attacker was detained.
    In July Crimean police detained three students on charges of 
desecrating a Christian cemetery. From April 2007 to March 2008, the 
suspects allegedly committed eight acts of vandalism at a cemetery in 
the Simferopol District.
    There were no developments regarding the investigations into the 
April 2007 vandalism and painting of antireligious symbols on a UOC MP 
church and gravestones in Izmail, Odesa Oblast, and into damage done to 
35 gravestones in April 2007 at a Muslim cemetery in the village of 
Sofiyivka near Simferopol.
    During the year police made no progress in their investigation of 
the 2006 attack on a foreign missionary of Jehovah's Witnesses near his 
home in Kremenchuk in Poltava Oblast, and none was expected.
    There were no reports of developments in the April 2007 vandalism 
of more than 400 tombstones at a cemetery in Mariupol.
    There were a number of acts of anti Semitism, including physical 
attacks on Jews and vandalism of Jewish community institutions. Anti 
Semitic violence was part of an overall increase in violent hate crimes 
during the year. According to an April 10 report by the Jewish and 
Israel News, one of every five hate crimes committed in the country 
since January 2007 was directed against Jews. In November Viacheslav 
Likhachov, a local human rights monitor, reported that there had been 
five anti Semitic attacks on persons and 10 incidents of vandalism in 
the first 10 months of the year. He noted that this was an improvement 
over the same period in 2007, when there were eight victims of attacks 
and 21 incidents of vandalism.
    On September 13, a group of youths shouting anti Semitic abuse 
assaulted Vinnytsya Rabbi Shaul Horovitz, his young son, and a friend. 
Police arrested the attackers. In September a local court ordered the 
attackers to pay a fine for committing an act of ``hooliganism.''
    There was no progress in the police investigation of several 
violent attacks against Jewish citizens in Zhytomyr in 2007. City 
authorities increased police patrols near the synagogue, but the Jewish 
community remained concerned about its safety.
    Synagogues, cemeteries, and Holocaust memorials were vandalized on 
several occasions, particularly in Kirovohrad, where the Choral 
Synagogue was vandalized at least three times during the year. 
According to representatives of the local Jewish community, law 
enforcement authorities made no progress in the investigation of the 
incidents.
    In November 2007 and again in April, vandals in Zhytomyr set fire 
to a cemetery memorial to the prominent Jewish leader, Rabbi Aharon. 
They also painted antireligious symbols on the walls of the memorial. 
Following the second incident, law enforcement agencies arrested two 
teenagers who claimed that a fire they set to keep warm accidentally 
spread to the memorial. No explanation for the graffiti was reported, 
nor were there reports that the teenagers were charged.
    There were several incidents in which hate speech against Jewish 
persons was combined with hate speech against other groups. On May 16, 
for example, a group of youths representing the extremist nationalist 
groups UNA UNSO and the National Labor Party of Ukraine gathered in 
front of the Russian embassy in Kyiv shouting anti Semitic and anti 
Russian slogans.
    Anti Semitic articles appeared frequently in small publications and 
irregular newsletters, although such articles rarely appeared in the 
national press. The Interregional Academy of Personnel Management 
(MAUP), which reportedly receives significant funding from several 
Middle Eastern government sources, remained the most persistent 
publisher of anti Semitic materials, although the volume dropped in 
comparison to 2007. MAUP, which claimed to have a membership of more 
than 50,000 students, published a monthly journal Personnel and a 
weekly newspaper Personnel Plus, which were the subjects of an ongoing 
criminal investigation by the PGO.
    According to the Association of Jewish Organization and Communities 
of Ukraine (VAAD), the national print media published 17 anti Semitic 
materials from January through March, compared to 147 in the third 
quarter of 2007 and 75 in the fourth quarter of 2007. VAAD attributed 
the ``sharp decrease'' in the overall number of anti Semitic 
publications to the gradual ``curtailment'' of MAUP's anti Semitic 
campaign. In previous years MAUP accounted for nearly 90 percent of all 
published anti Semitic material.
    The Supreme Court in March dismissed MAUP's lawsuit against the 
Jewish Confederation of Ukraine and its publication, The Jewish 
Observer, over articles criticizing MAUP's anti Jewish and anti Zionist 
activities. However, MAUP's lawsuit against the mayor of Kyiv charging 
that his May 2007 order removing MAUP's bookstand near the Babyn Yar 
massacre memorial site abridged its freedom of speech was pending at 
year's end.
    Some leaders within the Jewish community criticized President 
Yushchenko's 2007 decision to confer a posthumous award on Ukrainian 
Insurgent Army leader Roman Shukhevych. They asserted that the 
controversial figure was involved in assisting Nazi German forces in 
massacring Ukrainian Jews during the Second World War.
    On July 29, members of Stars, a Jewish youth program, were beaten 
during a fight with neighbors over a noise complaint. The neighbors 
screamed anti Semitic slogans during the fight. One of the activists 
sprayed the attackers with noxious gases. No one was seriously injured.
    In August posters calling for a boycott of kosher products were 
found on a message board outside a Russian Orthodox cathedral in 
Kamyanets Podilsky. (The church has been under renovation for 10 years 
and was not open to the public). Senior clerics reiterated their 
condemnation of such materials left by unsanctioned organizations 
claiming to represent the Orthodox Church.
    On September 18, two Jewish leaders in Kherson, Oleksandr Vayner, 
the director of the Kherson Jewish Charitable Community Center, and 
Vitaly Bronshtein, the chairman of the Kherson branch of the Council of 
Regions of the Jewish Conference of Ukraine, accused Serhiy Kyrychenko, 
a member of the city council, of spreading anti Semitic propaganda. 
According to their accusation, Kyrychenko has made several appearances 
on the local radio show ``Vik'' accusing Jews of robbing the national 
population and plotting to enslave Ukrainians and exterminate Slavs.
    During the summer the SBU exposed a plot by a group of ultra right 
extremists led by a former policeman in Kirovograd to blow up 
Kirovograd's Choral Synagogue. Serhiy Tkachuk, the head of the local 
Ukrainian Security Service, stated that leaders of the group studied 
literature on Nazi Germany and Hitler and planned to attack local Jews. 
The group also was reported to have been planning assaults against 
foreigners. Members of the group were detained but later released after 
law enforcement officials threatened them with prosecution if they 
continued their criminal activity. UNIAN reported on October 7 that the 
SBU forwarded the case to the Kirovohrad prosecutor's office for 
further investigation.
    On November 22, representatives of the Poltava Oblast Society of 
Soviet Political Prisoners and the Repressed put up seven wooden 
crosses on land in Poltava meant for a synagogue. According to the 
group, the crosses were erected to commemorate the anniversary of the 
Stalin era famine and they did not know the land was intended for 
construction of a synagogue. Rabbi Yosef Yitzchak Segal stated that it 
was a provocation aimed at stirring religious hatred in the city. The 
Poltava Mayor's Office described installation of the crosses on the 
land plot as unauthorized and illegal. Unidentified individuals removed 
the crosses on November 26.
    On December 4, in Rivne, vandals smashed windows in a synagogue. 
The vandals were not identified, and the police investigation continued 
at year's end.
    On December 19, members of the far right Svoboda Party on the Lviv 
City Council asked that charges be brought against leaders of Chesed 
Arye, a Jewish organization in Lviv, for distributing a film to schools 
in the city about the extermination of the Lviv Jewish community during 
World War II. Representatives of the political party claimed the movie 
was an inaccurate depiction of local residents.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/dr//irf/rpt.

    d. Freedom of Movement Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The constitution and the law provide 
for freedom of movement in the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations to provide 
protection to asylum seekers, stateless persons, and other persons of 
concern.
    Citizens who wished to travel abroad 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; such 
individuals could appeal.
    The law prohibits forced exile, and the Government did not employ 
it.

    Protection of Refugees.--The law provides for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. However the lack of a clearly defined migration policy and 
the lack of a clearly designated central government authority 
responsible for asylum and refugee procedures impeded the adjudication 
of asylum and refugee status. The Government provided temporary 
protection for up to one year to persons who may not qualify as 
refugees under the 1951 convention and the 1967 protocol.
    In 2007 the Cabinet of Ministers led, by then prime minister Viktor 
Yanukovych, issued a resolution designating the SCNR as the central 
executive authority for migration. On June 18 and July 30, the Cabinet 
of Ministers, led by Prime Minister Yulia Tymoshenko, issued two 
resolutions, granting the Ministry of the Interior the same status as 
the SCNR without revoking the November 2007 resolution, thereby 
creating dual authority in the migration system. These resolutions were 
terminated by the president on July 21 and August 14 respectively, and 
the president and the ombudsman asked the Constitutional Court for an 
opinion on the constitutionality of these government resolutions. 
Ombudsman Karpachova argued that migration policy should be 
administered by a new civilian body and that police should not be 
responsible for migration management because it would conflict with 
their enforcement responsibilities toward migrants. In an October 3 
article in the newspaper Holos Ukrayiny, then chairman of the 
Parliamentary Committee on Human Rights, National Minorities, and 
Interethnic Relations, Ihor Sharov, also supported a single independent 
government migration authority not subordinate to a security ministry. 
In December the president issued a decree ordering the Cabinet of 
Ministers to set up a central migration authority in the executive 
branch by the end of the year. However, at year's end the Ministry of 
the Interior remained the de facto authority for migration issues, 
while the SCNR also preserved its functions in the area of migration.
    On March 4 5, local human rights organizations picketed a Council 
of Europe conference in Kyiv, claiming that the existing asylum system 
was ineffective, with less than three percent approval of asylum 
applications, and that it was nontransparent.
    In October 2007 the UNHCR advised states to refrain from returning 
third country asylum seekers to the country because of the lack of 
assurances of readmission, lack of access to fair and efficient refugee 
status determination procedures, unavailability of treatment in 
accordance with international standards, and the absence of effective 
protection against deportation to countries where there is reason to 
believe their lives or freedom would be threatened.
    Administrative courts, responsible for reviewing appeals of 
disapproved asylum applications, were overwhelmed by work, leading to 
lengthy delays. According to the Code of Administrative Justice, the 
court process is conducted in the Ukrainian language and a shortage of 
bilingual interpreters aggravated the problem of timely court 
examinations of cases.
    On July 2, the District Administrative Court of Kyiv found the 
PGO's decision to deport Chechen refugee Lema Susarov to Russia to be 
unlawful and ordered his release. Susarov, who had been in detention 
since July 2007 while appealing the deportation order, was released on 
July 4 and allowed to resettle in Finland. His release and resettlement 
were made possible by the concerted efforts of a number of domestic and 
international human rights organizations, as well as the UNHCR office 
in the country and the Office of the Ombudsman.
    The Government provided some protection against the expulsion or 
return of refugees to a country where there is reason to believe their 
lives or freedom would be threatened. However, there were notable 
exceptions to these protections during the year.
    At a January 25 press conference, the head of the VGHR, Dmytro 
Groisman, independent legal counselor Tetiana Montian, and journalist 
Yuriy Boiko accused Interior Minister Yuriy Lutsenko of giving an 
unlawful order to arrest Russian opposition activist Mikhail Gangan and 
keep him in detention for three days without charge. On July 21, he was 
granted refugee status following active advocacy on his behalf by local 
human rights groups.
    In early March the VGHR, Amnesty International (AI), and the UNHCR 
office in Kyiv released statements opposing the authorities' return, 
against their will, of 11 ethnic Tamil asylum seekers to Sri Lanka 
following a Khmelnytskiy Oblast local court decision on February 27. 
Human rights groups asserted that the deportees had not been granted 
the right to appeal the court's decision, were not provided with 
interpreters and independent legal counsel while in detention, and were 
mistreated by guards. Human rights groups were concerned that they 
would be at risk of serious human rights violations upon their return 
to their home country. All of them had been registered with the UNHCR 
in Kyiv between August 2007 and January, and six had applied to the 
migration authorities for refugee status.
    According to the VGHR, on May 23, authorities extradited four 
individuals to Russia who had not completed the process of refugee 
status determination.
    The Kharkiv Group for Human Rights (KGHR), the UHHRU, and VGHR 
urged the president to dismiss Prosecutor General Medvedko, who ordered 
extradition of Russian Oleg Kuznetsov on July 28, despite a court 
decision confirming his refugee status and banning his extradition.
    In a May 5 submission to the UN Human Rights Council, HRW expressed 
concern that many migrants, especially Chechens, remained at risk of 
being returned to countries where they could face torture or other 
mistreatment. According to HRW, authorities denied many asylum seekers 
in need of protection or refugee status on procedural grounds or failed 
to evaluate correctly the conditions in their countries of origin.
    Human rights groups noted that the current law on refugees does not 
provide protection for war refugees, victims of indiscriminate 
violence, or failed asylum seekers who could face the threat of torture 
or loss of life or freedom if deported. Informed observers reported 
that the Government may have repatriated Chechen refugees to Russia.
    According to the UNHCR, an overly complicated and burdensome system 
of registration often left asylum seekers without registration 
documents during the protracted review of their cases and the appeal 
process. This left them vulnerable to frequent police stops, detention, 
and fines. Refugees and asylum seekers, who frequently came from Africa 
and Asia, were the victims of a growing number of xenophobic attacks. 
Asylum seekers in detention centers were sometimes unable to apply for 
refugee status within prescribed time limits and had limited access to 
legal and other assistance. The problem was further complicated by the 
lack of access to qualified interpreters, often needed to complete 
registration documents.
    There were no developments in the involuntary return of 11 Uzbek 
asylum seekers to Uzbekistan in 2006. Human rights groups expressed 
concern that no officials involved in their deportation were held 
accountable.
    On December 18, ECHR called for the postponement of the extradition 
of Uzbek asylum seeker Abdumalik Bakaev until his case could be fully 
reviewed. The NGO Social Action reported that on December 4 Bakaev was 
arrested and detained for three days at a district police office in 
Kyiv. On December 8, after hearing appeals by Social Action, the 
Holosiyiv District Court in Kyiv refused to sanction his temporary 
arrest and Bakaev was released.
    The country remained a destination and transit country for 
migrants. According to press releases by the Ministry of the Interior, 
law enforcement bodies apprehended 8,399 irregular migrants in the 
first six months of the year, compared to 7,645 for the same period in 
2007. The State Border Guard Service reported that the number of 
irregular migrants apprehended dropped by 28 percent compared with the 
previous year. Of the 7,955 irregular migrants expelled from the 
country during the first six months of the year, 1,206 were deported 
involuntarily. For the same period in 2007, the figures were 6,981 and 
1,208, respectively.
    There are no legal provisions for voluntary return. Since 2005 the 
country's office of the International Organization for Migration (IOM), 
in cooperation with the State Border Guard Service and the Ministry of 
the Interior, has operated the Program on Assisted Voluntary Return 
(AVR), helping stranded migrants and failed asylum seekers to return to 
their countries of origin. The IOM confirmed that the Government 
continued to refer cases for AVR during the year but noted that it had 
not established systematic referral procedures, which resulted in 
inconsistent access to AVR.
    Media reported that the Pavshyne Migration Detention Center in 
Zakarpattia Oblast was officially closed on December 4. The center had 
been criticized by human rights groups in previous years for its harsh 
conditions. Most of the detained migrants were transferred to new 
facilities in Chernihiv and Volyn oblasts that met European Union (EU) 
standards.
    On various occasions during the year, Interior Minister Lutsenko 
was criticized by human rights groups for attributing the increase in 
hate crimes to the growing number of irregular migrants in the country, 
and in July he was accused of making racist statements about immigrants 
from Asia. Lutsenko claimed that his remarks about Asian immigrants 
were taken out of context. In a speech at a Council of Europe 
conference on September 4 5, Lutsenko stated that the ministry's 
``efforts in combating irregular migration are based on two principles: 
human rights and protecting state interests.''
    On September 23, parliament ratified a readmission agreement with 
Russia, signed in 2006. Similar to the EU readmission agreement, the 
document does not contain special provisions for the protection of 
refugees and asylum seekers to ensure that individuals have access to 
fair consideration of their cases before transfer to a country of 
transit/origin. NGOs were concerned that this could lead to the 
involuntary return of Chechen refugees without considering the risk of 
exposure to human rights violations.
    Refugees received minimal material assistance and little 
opportunity to study Ukrainian; there were no procedures to facilitate 
their employment.

    Stateless Persons.--According to the law, citizenship is acquired 
through birth, territorial origin, naturalization, restoration of 
citizenship, and adoption. Dual citizenship is not allowed. The 
Ministry of the Interior and bodies under its jurisdiction received 
applications for citizenship and forwarded them along with 
recommendations to the President's Commission for Citizenship.
    The number of stateless persons was difficult to determine, and the 
figures from different sources may overlap. According to the European 
Council on Refugees and Exiles and local NGOs, there were 3,000 
stateless persons who arrived in the early 1990s fleeing the conflict 
in Georgia. The UNHCR estimated that there were 63,577 stateless 
persons in 2006, including 8,246 registered de jure as stateless by the 
Ministry of the Interior. There were an estimated six thousand formerly 
deported Crimean Tatars who returned to Crimea but have not registered 
as citizens, as well as lesser numbers from Abkhazia and Georgia. The 
stateless also included an unknown number of persons who either lived 
in the country for decades but failed to clarify their citizenship 
status after the collapse of the Soviet Union in 1991, or who arrived 
in the country as students or visitors both before and after 1991 and 
remained (often illegally) but failed to register with their consulates 
or take other steps required by their country of origin. Many continued 
to hold Soviet passports and did not obtain residency documents after 
the breakup of the Soviet Union.
    Persons who fled conflicts in nearby regions, including Abkhazia, 
faced difficulties in regularizing their status and had trouble with 
access to employment and property rights. While the Government 
initially allowed migrants from Abkhazia to obtain temporary residence, 
including access to employment, medical care, and education, many lost 
these rights when they failed to reapply for a residence permit when 
the Law on Immigration came into effect in 2001. In response to 
complaints, the Government extended the residency application period 
for Abkhazians in 2006 and again in May 2007. However, human rights 
organizations reported in May 2007 that many were unable to extend 
their registration at the Ministry of the Interior. According to the 
UNHCR, they may be considered de facto stateless since they do not 
enjoy the protections of their country of origin or of Ukraine.
    A 2006 presidential decree allowing any foreign national residing 
legally in the country to register their child born in the country as 
Ukrainian citizens within three months of submission of an application 
gave children of asylum seekers and refugees from Georgia the right to 
gain citizenship without being included in immigration quotas.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The constitution and the law provide citizens the right to change 
their government peacefully, and citizens exercised this right in 
practice through periodic, free, and fair elections based of universal 
suffrage.

    Elections and Political Participation.--In response to the collapse 
of the ruling democratic coalition in September, President Yushchenko 
on October 9 called for preterm parliamentary elections on December 7. 
That election did not take place; instead, a new coalition was formed 
on December 16.
    Mayoral and city council elections were held in Kyiv on May 25; 
they were scheduled by parliament in advance of the normal election 
cycle in response to corruption allegations and as a result of ongoing 
political disagreements. The incumbent mayor, Leonid Chernovetskiy, was 
reelected. Seven political parties and blocs won seats to the Kyiv City 
Council.
    CVU assessed the elections as free and transparent and stated that 
``observers and mass media had full access to all electoral 
procedures.'' However, the CVU found these elections less democratic 
than the preterm parliamentary elections of 2007, mainly due to what it 
described as vote buying and unbalanced media coverage of the electoral 
campaign. Incomplete and incorrect voter lists remained a problem.
    In a report released during the year CVU highlighted the following 
problems with the country's election procedures: the absence of an 
election code; frequent changes to electoral procedures influenced by 
party politics; the nontransparent procedure of selecting a voting 
software design agency; what it called the ``politically biased'' 
Central Election Commission; a low level of professionalism among local 
electoral commissioners; and vote buying.
    Individuals and parties could, and did, freely declare their 
candidacy and stand for election.
    To be registered at the national level, political parties had to 
maintain offices in one half of the regions and could not receive 
financial support from the Government or any foreign patron. The 
Supreme Court reserved the right to ban any political party upon the 
recommendation of the Ministry of Justice or the prosecutor general. No 
parties were banned during the year.
    As of September 22, there were 36 female members of the 450 seat 
parliament; women held the posts of prime minister, minister of labor 
and social policy, secretary of the National Security and Defense 
Council, head of the state treasury, the ombudsman, the deputy chief of 
staff/advisor to the minister of the interior, and deputy defense 
minister. The 18 member constitutional court had two female members.
    The exact number of minorities in parliament and the cabinet was 
not available due to privacy laws.
    Crimean Tatar leaders continued to call for changes in the 
electoral law that would give them greater representation in the 
Crimean and national parliaments. The law does not allow the creation 
of regional political parties, so Crimean Tatars had to join national 
political parties or blocs. Only one Crimean Tatar was a member of the 
national parliament. According to the Crimea information portal, the 
Crimean Tatars, who make up 13 percent of the population of Crimea, 
occupied seven seats in the 100 member Crimean parliament. Eight of the 
25 senior officials in the Crimean government were Crimean Tatars, 
including one deputy prime minister and the minister for labor and 
social policy, the chairman of the Crimean government Committee on 
Inter Ethnic Relations and Deported Peoples, and the chairman of the 
Crimea government information committee. Two of the 14 heads of raion 
(county level) administrations were also Crimean Tatars. Crimean Tatars 
remained underrepresented in city councils and city administrations. 
For example,neither the mayor of Simferopol nor any of the deputy 
mayors was a Crimean Tatar. The Crimean Tatar representative body, the 
Mejlis, was not legally recognized by national authorities.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption; however the Government did not 
enforce the law effectively, and officials often engaged in corrupt 
practices, at times with apparent impunity. Corruption remained a 
serious problem in the executive, legislative, and judicial branches of 
the Government, including the armed services. According to Interior 
Minister Yuriy Lutsenko, each year police and prosecutors register 
approximately 1,500 instances of bribery; however, only an average of 
40 offenders a year are convicted of bribery.
    The Interior Ministry's unit for combating organized crime recorded 
1,063 crimes by law enforcement personnel related to their duties, of 
which 273 involved abuse of office and power, 56 involved excessive use 
of power or office, and 313 involved bribes. The ministry established a 
special hot line to take reports of corruption. Jointly with State 
Judicial Administration, the Ministry of the Interior established a 
special hot line to take reports on judicial corruption.
    The SBU reported that its special units and other law enforcement 
bodies initiated 1,939 criminal investigations of alleged corruption 
and brought administrative charges against 882 government officials 
during the first six months of the year. According to the Interior 
Ministry, police uncovered more than 3,000 crimes involving bribery; of 
1,600 individuals caught for taking bribes, 367 were government 
employees.
    The PGO confirmed that in the first 10 months of the year, eight 
judges were found criminally liable for corruption and six judges faced 
criminal charges of corruption. During the first nine months of the 
year, prosecutors initiated 1,271 criminal cases of corruption against 
1,410 individuals, compared with 1,129 cases against 1,237 individuals 
in the same period a year ago. During the first 10 months of the year, 
military prosecutors opened 164 criminal cases for corruption, of which 
27 involved military police and 137 involved other military personnel.
    According to the February survey by the project ``Promoting Active 
Citizen Engagement in Combating Corruption in Ukraine,'' almost 63 
percent of respondents described public servants as very corrupt, and 
19 percent of those polled said they engaged in corrupt activities with 
public servants to obtain state services in the previous 12 months.
    There were no developments in the investigation of Oleksiy 
Ivchenko, the former chairman of Naftohaz, the country's national oil 
and gas company, for alleged corruption in 2005 06. Ivchenko, the 
leader of the Congress of Ukrainian Nationalists, claimed the 
accusations were politically motivated. On March 3, the SBU initiated 
an investigation of other Naftohaz officials suspected of embezzling 
state funds.
    On February 9, former transportation minister Mykola Rud'kovskiy 
was arrested for not cooperating with an investigation into corruption 
allegations against him. The SBU alleged that he went on a spree of 
international charter flights that cost the taxpayers one million 
hryvnia (approximately $130,000), while Rud'kovskiy claims that the 
travel was state business. The minister of the interior accused 
Rud'kovskiy of misusing more than 8.5 million hryvnia (approximately 
$1.1 million) in state funds. He was released from detention by the 
Kyiv Appeals Court on February 19 on a pledge not to leave the country. 
On October 7, the Pechersk District Court in Kyiv forwarded his case to 
the Kyiv prosecutor's office for further investigation, arguing that 
the pretrial investigation violated criminal procedure law.
    On January 4, the Sumy District Court found former Sumy mayor 
Volodymyr Omelchenko guilty of extortion in 2006 and sentenced him to 
three years' imprisonment, with a one year suspended sentence.
    On July 3, the Silski Visti newspaper reported that the largest 
bribery cases recorded by the Ministry of the Interior during the year 
were 26 million hryvnia (approximately $3.4 million) to a village 
leader and village council member in Crimea for allocating a land plot; 
3 million hryvnia (approximately $387,000) to the head of a city 
council and his assistant in Dnipropetrovsk Oblast; and 2.3 million 
hryvnia (approximately $300,000) to a village leader and village 
council member in the Vasylkivskiy District in Kyiv Oblast.
    On October 2, the PGO opened a criminal investigation of the head 
of the Lviv Administrative Court of Appeals, Ihor Zvarych, for 
allegedly accepting large sums of money as bribes. On December 12, the 
Supreme Council of Justice, following the president's appeal, dismissed 
Zvarych from his post. In December he was stripped of judicial immunity 
and a warrant was issued for his arrest. He disappeared shortly 
thereafter, and remained at large at year's end.
    On December 4, UNIAN reported that the SBU detained the Interior 
Ministry's deputy chief of internal security for taking a bribe in the 
amount of 960,000 hryvnia (approximately $124,000). The Pechersk 
District Court in Kyiv decided to not launch a criminal case. 
Prosecutors planned to appeal the court's decision.
    There were no developments regarding the arrest warrant ordered by 
parliament in February 2007 for Judge Oleh Pampura on charges of 
demanding a bribe to reduce a court sentence. Press accounts at the 
time reported that Pampura was in hiding.
    There were no further developments regarding the 2007 arrest of a 
former judge of the Kalynivskiy District Court in Donetsk Oblast, Vadym 
Sydorenko, for accepting a bribe in 1999.
    The law requires officials to file financial disclosure statements, 
although these often underreport actual income. The Law on Combating 
Corruption designates special subdivisions at the Ministry of the 
Interior, the SBU, prosecutors' offices, and the Military Law and Order 
Service (military police) as responsible bodies for combating 
corruption.
    The constitution and the law give the public a right to access 
official information, except that related to national security. 
Government bodies are required to respond to information requests 
within 10 days and to provide the information within 30 days. Denials 
can be appealed to a higher level at the agency concerned and then to a 
court. However, many human rights organizations and journalists stated 
that access to official information remained difficult during the year 
and no implementing legislation that might improve it was enacted. 
Government officials often did not understand the rules defining 
releasable information, and Soviet style attitudes and traditions of 
secrecy were prevalent.
    On December 4, human rights organizations criticized the Ministry 
of Health for being the most nontransparent government body. They 
claimed that the ministry failed to respond to information queries and 
unlawfully classified documents that should be in the public domain.
    On June 10, the Administrative Court of Donetsk Oblast declared 
that SPD chairman Vasyl Koshchynets's refusal to give the Donetsk based 
NGO Memorial statistics on the number of deaths in SPD facilities was 
unlawful. However, there were no reports indicating Koshchynets 
subsequently released the information or that he was punished for not 
doing so.
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; however, government 
officials were not uniformly cooperative and at times resisted taking 
the views and recommendations of nongovernmental groups into account. 
In one instance administrators of a correctional colony sought to sue a 
human rights NGO for publicly describing alleged violations in 
detention facilities, but the court rejected the suit.
    Domestic NGOs could freely criticize the Government's human rights 
performance. For example, on July 30, Yevhen Zakharov of KGHR 
characterized governmental efforts in the area of human rights as 
``chaotic, non systemic, and ineffective.'' He excepted the Ministry of 
the Interior, which he said continued to cooperate with civic advisory 
councils, mobile monitoring groups, and the new human rights monitoring 
department within the ministry itself.
    The SBU continued to work with its advisory council, consisting of 
political leaders, NGO activists, and independent experts, to provide 
civilian oversight and increase the transparency of SBU activities. In 
April the SBU held a conference on promoting democratic values and 
human rights within the SBU. Participants included government 
officials, diplomats, and representatives of human rights NGOs.
    According to the Ukrainian Psychiatric Association, the Ministry of 
Health did not always cooperate with human rights groups attempting to 
monitor abuses of psychiatry, especially in penitentiary institutions. 
According to the UHHRU, the SPD cooperated with NGOs that provided 
financial assistance to prison facilities but did not cooperate with 
those that raised concerns about conditions and prisoners' rights in 
its facilities.
    In July the management of the correctional colony in Stryzhavka, 
Vinnytsia Oblast, filed a defamation lawsuit against the VGHR, which 
had released a statement on June 10 expressing concern about grave 
violations of human rights, including the beating of prisoners, in 
detention facilities. It noted the increased number of suicides of 
detainees. On July 25, HRW released a statement urging prison officials 
to withdraw the lawsuit. On July 28, the Leninskiy District Court in 
Vinnytsia rejected the lawsuit because it was outside the court's 
jurisdiction.
    Major independent, nonpartisan, human rights NGOs and civil 
liberties groups included CVU, KGHR, the Ukrainian Helsinki Human 
Rights Union NGO coalition, AI Ukraine, the Institute for Mass 
Information, the Chirikli Roma Women's Fund, the Ukrainian Union of 
Psychiatrists, Kharkiv based Legiteam, La Strada Ukraine, the Congress 
of National Communities of Ukraine, the Diversity Initiative network, 
and VGHR.
    The Government generally cooperated with international governmental 
organizations, including the UN, the Organization for Security and 
Cooperation in Europe, and PACE. Citizens may apply to the ECHR for the 
redress of grievances involving an alleged infringement of rights under 
the European Convention on Human Rights. The court announced that 
during the year it handed down 110 judgments against Ukraine and that 
8,250 applications were pending before the court. Most court judgments 
involved violations of the right to a fair trial, violation of property 
rights, and unduly lengthy proceedings. According to the Government's 
ECHR commissioner, Yuriy Zaitsev, the ECHR issued 76 rulings in cases 
involving Ukraine during the first nine months of the year, and the 
Government enforced 67 ECHR rulings.
    On January 18, a human rights monitoring department was established 
in the Ministry of the Interior. Civilian assistants to the minister of 
the interior were appointed in each oblast, as well as in Kyiv and 
Sevastopol, to act as liaisons between the local population and the 
central ministry and to assist with monitoring police observance of 
human rights. The department also engaged in revising internal 
procedures to bring them into compliance with international and 
national human rights standards. In the first six months of its work, 
the department carried out 374 inspections of regional police units, 
met with more than 1,790 citizens, and initiated 470 investigations 
into allegations of human rights abuse by police personnel.
    A justice ministry advisory council, chaired by a civic leader, 
continued to monitor the human rights situation in prison facilities. 
Civic advisory councils continued to work with the Ministry of the 
Interior, the State Penal Department, and the SCNR.
    The constitution provides for the position of human rights 
ombudsman, officially designated as the parliamentary commissioner on 
human rights. The Ombudsman's Office marked its 10th anniversary during 
the year and issued a special report on the implementation of 
international human rights standards in the country. Although a number 
of human rights organizations criticized the Ombudsman's Office for 
inadequate responses to claims of human rights violations and for not 
cooperating with human rights groups, the ombudsman was active in 
addressing labor rights, children's rights, detention conditions, 
refugee rights, migration policy, and xenophobia.
    While noting some improvements in the performance of the 
Ombudsman's Office, human rights experts expressed concern that the 
public at large did not know how to bring complaints to the ombudsman; 
there were also complaints that the office's activities lacked 
transparency, that it did not respond to information queries, and that 
its Web site, potentially a major avenue for communicating with the 
public, was poorly updated.
    A parliamentary Committee on Human Rights, National Minorities, and 
Interethnic Relations was organized to deal with such issues as human 
rights, interethnic relations, gender policy, indigenous peoples, 
national minorities and ethnic groups, deported persons, victims of 
political repression, ethnic policy, prevention of domestic conflict, 
and refugees and migration.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The constitution prohibits discrimination on the basis of race, 
gender, and other grounds; however, the Government did not enforce 
these provisions effectively, in part due to the continuing absence of 
an effective judicial system and in part because the law does not 
contain a mechanism providing protection against discrimination. 
Violence against women and children; gender and age based 
discrimination; trafficking in persons; harassment and discrimination 
against ethnic minorities, homosexuals, individuals with disabilities, 
and persons with HIV/AIDS; and a rise in xenophobic violence were 
problems.

    Women.--The law prohibits rape but does not explicitly address 
spousal rape. A law against ``forced sex with a materially dependent 
person'' may allow prosecution for spousal rape. According to the 
Ministry of the Interior, during the first nine months of the year, 
police recorded 654 incidents of rape or attempted rape, a decrease of 
5.7 percent compared with the same period in 2007. Police identified 
472 offenders, compared with 436 in 2007.
    Violence against women remained a serious problem. Spousal abuse is 
illegal but was common, and authorities often pressured women not to 
press charges against their husbands. Advocacy groups asserted that the 
percentage of women subjected to physical violence or psychological 
abuse at home remained high. According to women's rights groups, only 
one tenth of domestic violence cases were reported, and approximately 
90 percent of domestic violence victims were women. At its meeting on 
March 5, the Parliamentary Committee on Human Rights, National 
Minorities, and Interethnic Relations concluded that there was no 
integrated state policy to combat domestic violence.
    According to the Ministry of the Interior, police cited more than 
83,400 individuals for committing acts of domestic violence. During the 
first nine months of the year, police issued 61,500 warnings and 4,800 
injunctions for protection related to domestic violence. As a result of 
complaints, 48,377 persons were fined, 222 were sentenced to community 
service, and 6,307 were put under administrative arrest. Administrative 
charges were brought against more than 76,300 individuals, of which 
75,200 were for committing acts of domestic violence and 1,100 for 
disobeying injunctions of protection.
    Authorities operated six shelters for victims of domestic violence, 
18 crisis centers for women, and 24 centers for psychological and 
medical assistance. The law requires the Government to operate a 
shelter in every major city, but in practice, they did not, in part due 
to the lack of municipal funding and insufficient oversight from the 
Ministry of Family, Youth, and Sports.
    According to women's advocacy groups, private and municipally 
funded shelters were not always accessible. Some did not function 
throughout the year, and shelters in Kyiv did not admit women who were 
not registered as Kyiv residents. Government centers offered only 
limited legal and psychological assistance to victims of domestic 
violence.
    During the year Kyiv authorities ordered the Kyiv Women's Center to 
vacate its city provided office in the city's Shevchenkivskiy district 
in order to return the property to the city for sale or rent to another 
organization. The fate of the center was uncertain at year's end, 
despite numerous protests by women's advocacy groups. The city had 
provided office space for the center since 1998.
    Violence against women did not receive extensive media coverage, 
despite the efforts of human rights groups to highlight the problem.
    Prostitution is illegal but was widespread and largely ignored by 
the Government. Sex tourism remained a problem. Trafficking in women 
for sexual exploitation was a serious problem. Laws criminalizing 
organized prostitution and penalties for human trafficking had little 
effect because convicted traffickers often did not end up serving 
prison time or received light sentences.
    Women's groups reported that there was continuing, widespread 
sexual harassment in the workplace, including coerced sex. While the 
law prohibits forced sex with a ``materially dependent person,'' which 
includes employees, legal experts regarded the safeguards against 
harassment as inadequate.
    Labor laws establish the legal equality of men and women, including 
equal pay for equal work, a principle that generally was observed. 
However, industries dominated by female workers had the lowest relative 
wages. The labor code sets the retirement age for women at 55 and for 
men at 60. Women received lower salaries and had limited opportunities 
for advancement. In a submission to the UN Human Rights Council on May 
5, HRW concluded that ``women do not enjoy equal access to employment 
as a result of discriminatory attitudes among both public and private 
employers, including discriminatory recruitment practices.'' 
Unemployment remained higher for women than men, and women worked four 
to six hours longer than men.

    Children.--The Government was publicly committed to the defense of 
children's rights and welfare but did not adequately fund the provision 
of education, health care, and other services for children.
    While education was free, universal, and compulsory until age 15, 
the public education system continued to suffer from chronic 
underfunding, and children from poor families continued to drop out of 
school before attaining the mandatory age. According to the PGO, more 
than three percent of school age children did not attend school in 
2007. Many of these were employed in agriculture and illegal coal mines 
or, in some cases, forced by their parents to beg in the streets. NGOs 
reported that a lack of schooling remained a significant problem among 
the rural population. In some cases rural schools were closed due to 
the small number of school age children, forcing the remaining children 
to travel long distances, often at personal expense, to attend schools 
in other villages.
    According to the PGO, in 2007 there were 103,000 child orphans and 
children without parental care. Each year approximately 20,000 children 
were placed in shelters to prevent their involvement in begging and 
vagrancy.
    Children continued to be victims of violence and abuse. During the 
first half of the year, the Ministry of the Interior recorded 2,419 
underage crime victims, including 130 rape victims, 23 victims of 
abduction, 10 victims of exploitation, 41 victims of statutory rape, 
190 victims of molestation, 578 victims of grave neglect by foster 
parents and child care facilities, eight victims of foster care abuse, 
1,261 victims of forced involvement in criminal activity, 150 victims 
of forced use of narcotics, and 28 victims of human trafficking. During 
the year the ministry cited 6,924 families for violence against 
children and issued 2,744 warnings and 264 protective injunctions 
concerning domestic violence against children. During the year police 
opened 404 criminal cases involving domestic crimes against children, 
including nine for infanticide, 96 for child molestation, 24 for sexual 
relations with underage children, and 275 for intentionally inflicting 
bodily injury. There were also many complaints of abuse related to 
child prostitution, pornographic video sales, child molestation, and 
illegal child labor. According to civil society groups, police often 
did not investigate parents who allegedly abused their children.
    No developments were reported regarding the 2006 criminal 
investigation of police officers accused of illegally detaining and 
raping a child in Zaporizhzhya Oblast or regarding the case of a 
boarding school teacher accused of slamming the head of a sixth grader 
against a desk and beating two other pupils in Kherson in 2006.
    There were approximately 186,000 children with disabilities, 
according to the chair of the Parliamentary Committee on Healthcare, 
Tetyana Bakhteyeva. According to Valeriy Sushkevych, chair of the 
Parliamentary Committee for Pensioners, Veterans, and the Disabled, 
children with disabilities made up 2 percent of children in the 
country. Almost 8,000 were in boarding schools under the Ministry of 
Labor, and more than 10,000 were in boarding schools under the Ministry 
of Education. Inspections by the PGO in 10 oblasts with large numbers 
of children with disabilities revealed that local authorities failed to 
address their needs adequately.
    Advocacy groups claimed that there were instances of government-
funded facilities misappropriating funds intended for children with 
disabilities. On March 24, Kyiv prosecutors reported that their 
inspections of institutions for children revealed numerous 
infringements of children's rights, mostly of orphans, children with 
disabilities, and children without parental care. In particular, the 
prosecutors determined that children in Kyiv orphanages did not receive 
their social pensions. In one example, six children with chronic 
diseases did not receive special meals regularly. Prosecutors ordered 
that the children receive their meals and took disciplinary action 
against the director of this orphanage.
    There were no developments reported in the November 2007 case in 
which the administration of the Torez specialized boarding school in 
Donetsk Oblast used children with physical and mental disabilities from 
the facility to sift and load coal, or in the 2006 case of 60 children 
from orphanages and boarding schools in Sevastopol who were unlawfully 
held in a local psychiatric hospital.
    The All Ukrainian Network of Persons Living with HIV expressed 
concern about discrimination against HIV positive children in 
educational institutions. For example, on August 7, Ukrayina Moloda 
reported that an orphanage in Kirovohrad refused to admit a six-year 
old HIV positive boy abandoned by his mother. The NGO complained to the 
department of education in Kirovohrad, but the department refused to 
help, stating that there were no specialized facilities for HIV 
positive orphaned children in the oblast.
    According to the communications and public relations department of 
the Cabinet of Ministers and independent children's rights experts, in 
2007 there were approximately 130,000 homeless children in the country.
    The commercial sexual exploitation of children remained a serious 
problem. According to domestic and foreign law enforcement officials, a 
significant portion of Internet child pornography continued to 
originate from the country. According to the IOM, the antitrafficking 
department at the Ministry of the Interior broke up an internet child 
pornography ring. Investigators confiscated approximately 17.5 million 
hryvnia (approximately $2.3 million) and evidence indicating the 
production of child pornography. Several persons were arrested, and a 
criminal case was opened against the administrators of a pornographic 
Web site.
    On February 1, the Western Ukrainian Informational Portal, ZIK, 
reported that the prosecutor in the Yavoriv District of Lviv Oblast 
opened an investigation of a man suspected of counterfeiting children's 
travel documents for the purpose of trafficking them outside the 
country.
    There were no reported developments in the November 2007 Europol 
operation that uncovered a worldwide child sex offender network, 
including pornographic material produced in a studio in Ukraine.

    Trafficking in Persons.--The law prohibits all forms of trafficking 
in persons; however, there were numerous reports that persons were 
trafficked from the country and a limited number of reports that 
persons were trafficked to and within the country.
    The country remained a country of origin for internationally 
trafficked men, women, and children. Their main destinations were the 
Middle East, Russia, Turkey, and Western and Central Europe-
particularly Poland, the Czech Republic, Italy, Germany, and Portugal. 
The country was also a transit point for traffickers and victims from 
Central Asia, Russia, and Moldova, usually to destinations further 
west.
    The IOM confirmed that both the number of identified victims of 
trafficking for forced labor and of the number of criminal cases 
related to labor exploitation increased during the year. These cases 
posed a challenge to law enforcement and the judiciary, as there were 
no guidelines from the Supreme Court on investigating and prosecuting 
trafficking cases involving labor exploitation. Despite the lack of 
guidelines, the IOM noted that several cases were successfully 
prosecuted during the year.
    The IOM reported that three individuals from Belarus, India, and 
Nigeria were trafficked into the country.
    The IOM also noted an increase in the number of identified cases of 
internal trafficking and identified 17 such cases in the first half of 
the year.
    Of trafficking victims identified by the IOM during the year, 76 
percent were women who had been forced into prostitution or used as 
housekeepers, seamstresses, dishwashers, or as workers at various small 
and large manufacturing plants. A small number of women with small 
children and persons with disabilities were trafficked abroad for 
begging. Men exploited for their labor comprised 24 percent of the 
victims identified by the IOM. They worked mainly on construction sites 
and in mines. Children trafficked across the border or within the 
country were forced to provide sexual services, engage in unpaid work, 
or beg.
    According to the IOM, the main trafficking victims were women up to 
30 years of age (for sexual exploitation), older women (for labor 
exploitation), men of all ages (for labor exploitation), and children 
under the age of 16 (both for sexual and labor exploitation). When they 
were recruited, the majority of victims were employed but were earning 
low salaries and thus were tempted by an offer of better wages abroad. 
According to local NGOs, orphaned children, required to leave 
orphanages at 18, were also at high risk, since they had no family 
support structures, had difficulty finding work, and often had no place 
to live.
    Victims were usually trafficked into severe conditions that 
included beatings, limited and poor quality food, no medical 
assistance, and long hours of work.
    Estimates of the number of local trafficking victims varied. A 
survey conducted by the IOM and released in 2006 stated that 
approximately 117,000 locals had been forced into exploitative 
situations in Europe, the Middle East, and Russia since 1991. The 
survey indicated that 80 percent of the victims were trafficked for 
labor exploitation.
    Employment, travel, marriage, and modeling agencies, as well as 
individuals, were involved in recruitment. Most traffickers were 
members of organized crime groups and had foreign partners. In some 
cases they bribed corrupt officials to facilitate the movement of 
victims abroad. The number of men and women among recruiters was almost 
equal. Sometimes previously trafficked women served as ``success 
stories'' to recruit potential victims, flaunting the money they had 
ostensibly earned abroad. The majority of recruiters were identified as 
citizens.
    Traffickers continued to recruit by means of newspaper, television, 
and radio advertisements promising high salaried jobs abroad, modeling 
contracts, marriage proposals, or overseas trips through travel 
agencies. Traffickers often presented themselves as friends of other 
friends and deceived the relatives of potential victims. They often 
paid for processing of victims' passports and travel, thus placing the 
victims into debt bondage. In some cases traffickers kidnapped their 
victims.
    The law provides penalties of three to eight years' imprisonment 
for trafficking in persons for sexual and labor exploitation and other 
purposes. Traffickers of minors ages 14 to 18, and of groups of 
victims, may be sentenced to five to 12 years. Traffickers of even 
younger minors or members of organized trafficking groups may receive 
eight to 15 years in prison.
    As of November, according to interior ministry statistics, 
authorities filed 304 trafficking cases, broke up 17 organized criminal 
rings, brought criminal charges against 98 individuals, and forwarded 
250 criminal cases to the courts.
    During the first half of the year, courts completed 33 trafficking 
cases, reaching guilty verdicts in 29 cases and convicting 43 
defendants. Eighteen of the convicted defendants appealed, 16 received 
suspended sentences, one was sentenced to up to three years in prison, 
four were sentenced to three to five years in prison, and four were 
sentenced to five to 10 years in prison. Courts heard but did not reach 
a verdict in 70 additional cases over the same period. The percentage 
of persons sentenced to prison rather than probation continued to 
decline, from 43 percent in 2006 and 40 percent in 2007 to 36 percent 
in the first six months of the year.
    As of August 22, 707 private entrepreneurs and companies had 
licenses to arrange employment abroad. The Government reported that it 
regularly reviewed the licenses of domestic employment agencies. From 
January 2007 through July, the Ministry of Labor and Social Policy 
conducted 433 checks and invalidated 144 licenses. A few of these 
actions resulted from involvement in trafficking. Some labor officers 
reportedly overlooked violations in return for bribes.
    Corruption in the judiciary and police continued to impede the 
Government's ability to combat trafficking. NGOs asserted that local 
police and border guards took bribes to ignore trafficking, and judges 
did so in return for lighter sentences. The low number of prosecutions 
of officials for trafficking related corruption raised questions about 
the Government's willingness to take serious disciplinary action, 
especially against high level officials. Antitrafficking experts noted 
that prosecutors were often the weakest link in the fight against 
trafficking due to their negative stereotypes of victims and their 
failure to prosecute aggressively. The difficulty of obtaining evidence 
from abroad was another factor contributing to the small number of 
cases brought to court.
    While some victims testified against traffickers, most were 
reluctant due to lack of trust in law enforcement agencies and the 
courts as well as concern over negative public opinion toward 
trafficking victims, weak witness protection programs, and victims' 
perception that investigators and judges did not understand the real 
threats to victims from traffickers. Skepticism that civil courts would 
award significant compensation deterred victims from filing civil 
suits. During the year some authorities took steps to resolve these 
problems. Two courts in Ivano Frankivsk were outfitted with a separate 
witness room that enabled witnesses and victims of trafficking and 
other serious crimes to testify safely and, if necessary, 
confidentially through a video or telephone connection. The arrangement 
allowed judges to protect the rights of the victims, witnesses, and 
defendants while examining evidence in a case and gave prosecutors the 
ability to offer reluctant witnesses security and protection during a 
court trial.
    Local NGOs operated some shelters in major cities with local 
administrations providing the premises at a nominal fee. Government 
funding for these facilities continued to be limited. Nevertheless, a 
toll free hot line offering advice and warnings regarding employment 
abroad continued to operate and provided assistance to persons who were 
exploited while abroad.
    Government cooperation with NGOs on antitrafficking programs was 
steady during the year. Local administrations continued to include NGOs 
as partners in their regional action plans, but international donors 
continued to provide most of the funding for informational materials, 
free or inexpensive offices, and shelters. However, local authorities 
provided modest financial and in kind assistance to NGOs, including 
small grants ranging from 500 hryvnia (approximately $65) to more than 
19,000 hryvnia (approximately $2,450) for prevention campaigns, 
training, publishing informational materials, transportation, and free 
use of premises for training and prevention activities.
    During the year several television stations broadcast documentary 
films and informational programs highlighting the danger of human 
trafficking. NGOs conducted general awareness campaigns throughout the 
country, often in cooperation with government entities.
    The Government worked to improve assistance provided by its 
diplomatic missions to victims in destination countries. In the first 
nine months of 2007, the country's overseas consulates helped 
repatriate 353 citizens who were victims of trafficking. The Ministry 
of Foreign Affairs set up a center in Kyiv and five other major cities 
to provide free consultations to citizens regarding their rights in 
foreign countries.
    The State Department's annual Trafficking in Persons Report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and other state services. However, advocacy groups 
maintained that the Government did not effectively enforce these 
provisions and that the efforts by the Government, the such as the 
social psychiatry unit within the Ministry of Labor and Social Policy 
whose function is to monitor the country's psychiatric boarding 
schools, were undermined by a lack of resources. The National Assembly 
of the Disabled criticized the Ministry of Family, Youth, and Sports, 
the main government body responsible for promoting the rights of youth 
with disabilities, for not including reference to the needs of these 
youth in the ministry's annual reports.
    Government estimates of the number of persons with disabilities 
varied between 2.4 to 2.7 million. According to chair of the 
Parliamentary Committee on Healthcare, Tetyana Bakhteyeva, there were 
186,000 children with disabilities. The law mandates access to 
buildings and other public facilities for persons with disabilities, 
but it was poorly enforced. Some efforts were made to improve access to 
government and public buildings in accordance with a 2005 presidential 
decree, but most public buildings remained inaccessible, thereby making 
access to essential services and activities such as employment, 
education, health care, transportation, and financial services 
extremely difficult.
    NGOs expressed concern over the lack of programs to promote the 
integration of students with disabilities into the general student 
population. They also noted that the lack of needs assessment programs 
by state funded employment centers led to the placement of graduates 
with disabilities in inappropriate jobs. Advocacy groups noted that 
university graduates with disabilities often ended up in menial jobs or 
being hired to meet government quotas but then being told not to come 
to work. According to the Zakarpattia Regional Center for Social Labor 
Rehabilitation and Vocational Training, a large number of children with 
disabilities did not go to school because special education programs, 
particularly for children with profound or severe disabilities, were 
not available.
    According to the Ministry of Labor and Social Policy, in the first 
nine months of the year, 7,571 persons with disabilities received jobs 
through government employment placement services. The ministry also 
reported that 12,262 students with disabilities were studying in 
vocational and academic institutions of higher learning during the 2007 
08 academic year.
    The ministries of Health, Education and Science, and Labor and 
Social Policy were responsible for specialized boarding schools for 
persons with mental and physical disorders. According to Semyon Gluzman 
of the Ukrainian Psychiatric Association (UAHRB) and experts of the 
Association of Relatives of Recipients of Psychiatric Assistance, 
patients in psychiatric hospitals remained at risk for abuse, and many 
psychiatric hospitals continued to use outdated methods and medicines. 
According to the UAHRB, insufficient funding, the absence of public 
watchdog councils at psychiatric hospitals, patients' lack of access to 
legal counsel, and poor enforcement of legal protections deprived 
patients with disabilities of their right to adequate medical care.
    In July an international commission of the German Polish Society 
for Psychiatric Healthcare, accompanied by local psychiatrists Iryna 
Pinchuk and Yuriy Zakal, expressed concern about inadequate conditions 
at several psychiatric care facilities in Odesa, Sevastopol, 
Simferopol, Yalta, and Kyiv. The majority of the hospitals they visited 
had problems with sanitation, overcrowding, lack of personal storage 
space, and insufficient funds to purchase quality medications.
    No developments were reported regarding the January 2007 case 
involving abuse of a mentally disabled patient at a hospital for 
persons with mental disabilities in the Svyatoshyn district of Kyiv or 
the reportedly deliberate underfeeding of patients at an institution 
for children with severe physical and mental disabilities.
    According to Kyiv prosecutor Yevhen Blazhivskiy, in 2007 and the 
first nine months of the year, prosecutors opened 19 criminal 
investigations involving disability rights and convicted 32 officials. 
Kyiv prosecutors found violations by employers who misused money from 
the Social Security Fund for the Disabled.

    National/Racial/Ethnic Minorities.--The constitution and the 1992 
Law on National Minorities contain general language about the 
protection of ethnic groups, but the law refers only to citizens. The 
constitution prohibits discrimination based on race; skin color; 
political, religious, or other beliefs; gender; and ethnic and social 
origin; however, there were no implementing laws. The mistreatment of 
minority groups and foreigners of non Slavic appearance remained a 
serious problem.
    Incitement to ethnic or religious hatred is prohibited by Article 
161 of the criminal code. Although human rights organizations in 
earlier years expressed concern that the law's requirement to prove 
``direct intent,'' including proof of premeditation, made it difficult 
to apply in practice, there were four guilty verdicts in hate crime 
trials during the year. Nevertheless, the application of Article 161 
remained rare; both police and prosecutors preferred to treat racist 
crimes under the laws dealing with hooliganism or other offenses that 
were easier to prosecute.
    The Law on Printed Mass Communication Media allows for the 
suspension of publications for inciting religious or ethnic hostility. 
It has not been invoked in practice.
    International and domestic human rights groups noted signs of 
growing ethnic intolerance and the impunity of those responsible for 
acts of violence during the year. According to NGOs, in recent years 
xenophobic attacks have became more systemic and brutal, although some 
officials have denied signs of xenophobia or racism and insisted that 
hate incidents were isolated and did not represent a trend. On April 2, 
the Cabinet of Ministers ordered the establishment of an interagency 
working group to combat racism, xenophobia, and discrimination. It 
includes the ministries of Justice, Interior, Foreign Affairs, and 
Education and Science, as well as the SBU, the SCNR, and other offices 
and NGOs. The working group met throughout the year and submitted a two 
year action plan to the cabinet, which approved it in August.
    Statistics on the frequency of hate crimes remained difficult to 
find. The department responsible for ethnic crimes in the Ministry of 
the Interior did not record statistics on reported hate crimes. Human 
rights groups noted that police often failed to admit the existence of 
ethnically motivated crimes and often qualified such acts as 
``hooliganism.'' NGOs estimated that police crime reports reflected 
only five to 10 percent of all hate crimes.
    Although no official statistics were available, human rights 
monitoring groups reported more than 70 attacks that appeared to be 
racially motivated during the year. They involved mainly Middle 
Eastern, Asian, and African nationals. Five of the attacks, all in 
Kyiv, were fatal. The Diversity Initiative, a network of NGOs, recorded 
63 violent incidents and 18 nonviolent incidents that appeared to be 
racially motivated.
    On January 27, a 19-year old Congolese refugee was killed in Kyiv; 
police detained two young male suspects. On July 10, the media reported 
that, although earlier evidence pointed to skinhead involvement, 
investigators dropped hate crime charges and viewed hooliganism as the 
main motive for the crime. The investigation was ongoing at year's end.
    On March 8, a 39-year old refugee from Sierra Leone was killed; 
Kyiv police detained two teenaged suspects on March 12. Both suspects, 
who claimed to belong to a skinhead group, remained in custody and the 
investigation was ongoing at year's end.
    On May 29, unknown persons killed a 40-year old Nigerian in a 
market. Police stated that the motive for the attack was unknown. On 
June 3, the UNHCR and the IOM, joined by approximately 30 human rights 
organizations, released a statement urging authorities to conduct a 
thorough investigation, including of the possibility that the killing 
was racially motivated.
    On January 10, Charles Asante Yeboa, the director of the African 
Center in Kyiv, was attacked at a bus stop near Kyiv's Shulyavska metro 
station by approximately 10 young men. Asante Yeboa, who suffered 
serious injuries, was told by police that the attack was a robbery and 
not racially motivated. Four suspects were detained but later released.
    During the year courts convicted a number of persons for crimes 
against foreigners. On April 17, the Darnytsia District Court in Kyiv 
announced its verdict in the 2006 killing of a Nigerian medical doctor, 
47 year old Kunoun Mievi Goddi, in Kyiv by three youths apparently 
associated with local skinhead groups. The court convicted two 
defendants under the hate crime statute and sentenced them to 11 and 
four years in custody; the third defendant was amnestied due to his 
young age.
    On April 17, the Podilskiy District Court in Kyiv sentenced an 18 
year old skinhead to three years' confinement under the hate crimes 
statute for assaulting a Japanese tourist in Kyiv in October 2007.
    The Web site of the Kyiv Jewish community reported that on April 
22, a court in Kirovohrad found a local schoolteacher, Mykola 
Yakymchuk, guilty of incitement to ethnic hatred for making anti 
Semitic statements to his class. The PGO reported that Yakymchuk was 
later granted amnesty.
    On May 5, the media reported that the Kyiv Court of Appeals 
convicted four persons of committing a hate crime and sentenced each to 
13 years in prison for the 2007 murder of a Korean national, Kang 
Jongwong. The defendants, who appeared to have links to an extremist 
group, claimed the death was an accident.
    There were no developments reported in a number of incidents in 
2007 that appeared to be racially or ethnically motivated, including an 
attempt by skinheads to break into a Lviv nightclub to disrupt a 
concert by supporters of the Belarusian antifascist movement; the fatal 
stabbing in February of 34 year old Georgian Moris Dzugashvili; the 
arrest of the organizer of a March rally of ultranationalists in Kyiv 
to protest the presence of African traders in Kyiv's Shuliavka market; 
the fatal stabbing in March of an Iranian Ukrainian person near Kyiv's 
Lukianivka market, or the fatal stabbing in Kyiv in June of a 43 year 
old Iraqi refugee.
    According to the Ministry of the Interior, the 2006 stabbing in 
Kyiv that resulted in the death of Lamin Jarjjou, a Gambian student at 
the National Aviation University, was not a racially motivated attack. 
Police detained four persons whom they claimed killed the victim while 
committing a robbery.
    A report released during the year by AI concluded that ``inadequate 
provisions in the law, poor police responses, and a failure to 
acknowledge the gravity of racially motivated crimes have led to 
virtual impunity for the perpetrators of racist crimes.''
    Harassment of racial and ethnic minorities by law enforcement 
authorities was a continuing problem. There were reports that police 
occasionally detained dark skinned persons for arbitrary document 
checks, whereas document checks of light skinned individuals were rare. 
On March 27, the Kharkiv District Administrative Court refused to hear 
a lawsuit filed by a local lawyer, an ethnic Armenian and long time 
resident, who alleged that he was regularly stopped by police for 
identity checks because of his physical appearance. On July 29, the 
Kharkiv Administrative Court of Appeals overturned a lower court's 
decision and determined that a local police chief failed to inform an 
ethnic Armenian of his rights during detention. However, the court did 
not support his claims of discrimination.
    On August 28, a foreign citizen of African descent was detained by 
plainclothes police officers while he was disembarking from a bus in 
Kyiv. Police beat him and took him to a police station, where they tied 
him to a chair with a belt and held him for several hours. He was then 
released without charge. The victim believed that he was singled out 
because of his ethnicity. Police claimed that the detainee resembled 
one of the suspects in a series of taxi robberies that occurred in June 
and July. The Ministry of Foreign Affairs later stated that the 
officers involved had been disciplined.
    AI and domestic advocacy groups asserted that the victims of 
xenophobic attacks could find themselves prosecuted for having acted in 
self defense. For example, Daniel Osaemor, a Nigerian who was attacked 
and stabbed by three youngsters on February 19 in Kyiv, was 
subsequently charged with hooliganism for hitting one of the men.
    The European Commission against Racism and Intolerance and 
international and domestic monitoring NGOs reported increasing racial 
hatred and xenophobia, influenced by foreign skinhead and neo Nazi 
groups, soccer hooligans, as well as such locally based neonationalist 
organizations as the unregistered Ukrainian National Labor Party, the 
Patriot of Ukraine organization, the Ukrainian Movement against Illegal 
Immigration, and the National Action ``RID.'' Ombudsman Karpachova 
opened an inquiry into claims that extremist political groups held a 
torchlight procession on the campus of the National Technical 
University in Kyiv on March 23, shouting anti immigrant slogans. The 
media and NGOs also reported protests against irregular migrants and 
foreign students by extremist youth groups in Kharkiv, Ternopil, 
Chernivtsi, and Chernihiv.
    On May 29, the SCNR released a statement expressing concern about a 
threat posted on a hate group's Web site against Mridula Ghosh of the 
East European Development Institute, an Indian national who was active 
on combating xenophobia. The SCNR requested a legal assessment of this 
publication from the SBU, the PGO, and the Ministry of the Interior. 
The threatening material was eventually removed from the Web site.
    According to the Ukrainian State Institute of International 
Education, 45,000 foreign students from 134 countries were studying in 
the country during the year. A study by a Fulbright researcher 
concluded that the educational environment remained unsafe for foreign 
students. During 2007 08 there were 15 attacks on foreign students, and 
one was killed.
    Roma faced both governmental and societal discrimination. Roma 
rights groups estimated the country's Romani population at 400,000, 
while official census data cited 47,600. The discrepancy was caused in 
part by lack of legal documentation and records for many persons in the 
Roma community.
    Representatives of Romani and other minority groups claimed that 
police officials routinely ignored, and sometimes abetted, violence 
against them. On July 17, the European Roma Rights Center (ERRC) wrote 
to Interior Minister Yuriy Lutsenko, expressing concern over the 
failure of the justice system with respect to ``serious breaches of the 
fundamental rights of Roma.''
    On March 31, ERRC sent a letter to the chair of the Parliamentary 
Committee on Freedom of Speech and Information expressing concern about 
the linkage of Roma with crime in the media and inappropriate 
references to Roma ethnicity in the reporting on crimes. The Chirikli 
Roma Women's Fund expressed concern over a March 25 program on 
privately owned channels 1+1 and 5, repeated by UNIAN, that portrayed 
Roma as criminals who allegedly sold 50 unemployed and socially 
disadvantaged residents of the Odesa Oblast into slavery. The 
information for the report was provided by the Ministry of the 
Interior's press service in the oblast.
    There were some reports of government cooperation with the Roma 
community. The chairman of the Roma Congress of Ukraine, Petro 
Hryhorychenko, was a member of the presidential council on ethnic 
national policy and a member of the NGO advisory council with the SCNR.
    The constitution provides for the ``free development, use, and 
protection of the Russian language and other minority languages,'' but 
organizations and political parties in the Russian speaking community 
complained that the increased use of Ukrainian in schools, college 
entrance exams, the media, and the courts put them at a disadvantage.
    There were no developments in the incident involving Arsen 
Klinchayev, who was beaten by Serhiy Melnychuk in a dispute over use of 
the Ukrainian language in Luhansk Oblast in 2006.
    Ukrainian and Crimean Tatar minorities complained of discrimination 
by the ethnic Russian majority in Crimea and the independent city of 
Sevastopol and called for the Ukrainian and Crimean Tatar languages to 
be given a status equal to Russian in Crimea. Early in the year, the 
head of the Crimean Republican Committee for Nationalities and Deported 
Citizens reported that there were approximately 264,500 registered 
Crimean Tatars. The State Committee on Nationalities and Religions 
reported that in the first nine months of the year, the Government 
allocated 40.8 million hryvnia (approximately $5.3 million) for the 
resettlement and integration of Crimean Tatars.
    Crimean Tatars asserted that discrimination by Crimean local 
officials deprived them of equal opportunities for employment in local 
administrations and that propaganda campaigns, particularly by pro 
Russian groups, promoted hostility toward them among other inhabitants.
    On April 1, the press service of the Crimean Tatar Mejlis reported 
that graffiti hostile to Crimean Tatars was found in Simferopol. The 
graffiti appeared shortly after a provocative article appeared in a 
local newspaper.
    On July 7, in the Crimean village of Krasnogvardejskoye, unknown 
vandals reportedly tore down a tamga, the national emblem of Crimean 
Tatars, from the memorial complex to the victims of genocide of the 
Crimean Tatars. Local Mejlis and district council members notified law 
enforcement bodies and municipal authorities.
    On July 16, Radio Liberty reported that the Government of Crimea 
ordered the creation of a joint register of repatriated persons, 
arguing that it would help solve their land problems. The first deputy 
chairman of the Crimean Tatar Mejlis, Refat Chubarov, stated that such 
a list was unconstitutional and could risk compromising private 
information.
    The Spiritual Muslim Management in Crimea expressed concern over 
the Supreme Court's refusal to overturn an October 7 ruling by the High 
Economic Court that upheld the ban on construction of a central mosque 
in Simferopol. On February 28, members of the Simferopol City Council 
annulled their January 10 allocation of a plot for a mosque in 
Simferopol and designated a less desirable one.
    There were no reports of further developments in the January 2007 
attack on Mejlis press secretary Lilia Muslimova in Simferopol, the 
arrest of 10 persons involved in a clash between Crimean Tatars and 
local police during a dispute over land in 2007, or the shooting of a 
Crimean Tatar man involved in clashes between Crimean Tartars and 
police on the Ay Petri plateau in November 2007.
    On March 11, media reported that the Democratic Union of Hungarians 
expressed concern about an increasing number of anti Hungarian 
statements in Ukrainian media.
    Rusyns (Ruthenians) continued to call for status as an official 
ethnic group in the country, noting that neighboring countries accept 
them as minorities.

    Other Societal Abuses and Discrimination.--Persons with HIV/AIDS, 
who numbered 440,000 according to statistics compiled by international 
organizations, faced widespread discrimination and lacked access to 
treatment. Although the country's AIDS law incorporates protection of 
the rights of persons with HIV/AIDS, implementation remained weak, and 
state funding for treatment was insufficient. The All Ukrainian Network 
of Persons Living with HIV noted that persons with HIV/AIDS continued 
to face discrimination in the workplace; job loss without legal 
recourse; harassment by law enforcement officials, prosecutors, and 
judicial authorities; and social isolation and stigmatization within 
their communities.
    The gay and lesbian rights organization Nash Mir (Our World) 
characterized political and religious leaders as indifferent or hostile 
to the gay community. Members of the antigay organization Love against 
Homosexuality reported that in February they received letters of 
support from two members of parliament from the Yulia Tymoshenko bloc, 
Ihor Yeresko and Vitaliy Barvinenko, who called homosexuality a threat 
to national security. In another letter of support to the same group, 
Hanna Herman, the chair of the parliamentary Committee on Freedom of 
Speech and Information and a member of the Regions Party, wrote that 
government bodies were obliged to undertake steps to stop the 
``popularization of homosexuality, lesbianism, and other sexual 
perversions that do not correspond to the moral principles of 
society.''
    On February 22, the PGO opened a criminal investigation of the 
editorial staff of Nash Mir's newspaper, Gay.ua, for allegedly 
distributing pornography. According to Nash Mir, the newspaper was 
circulated among a restricted number of subscribers, while explicit 
erotic materials were easily obtained at newspaper kiosks.
    Other problems of concern included reports of ongoing police abuse 
of gays, threats by police to inform gays' families and employers of 
their lifestyle, and the lack of access to medical treatment and 
information for gay men on the prevention of HIV/AIDS.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
workers to join unions of their choice to defend their professional, 
social, and economic interests, and this right was generally respected 
in practice; however, large companies, and in isolated instances, local 
government officials, continued to resist the formation of unions, and 
workers' freedom to choose their union affiliation was sometimes 
restricted. There were no reliable estimates of the percentage of the 
workforce that was unionized.
    The law provides for the right of workers to strike to defend their 
professional, social, and economic interests, provided strikes do not 
jeopardize national security, public health, or the rights and 
liberties of others; the Government generally respected this right. The 
right to strike does not apply to personnel of the PGO, the judiciary, 
armed forces, security services, law enforcement agencies, the 
transportation sector, or public servants. Workers who strike in 
prohibited sectors were liable to prison terms of up to three years. 
Federations and confederations are not entitled to call a strike. A 
strike may be organized only if two thirds of the workers of the 
enterprise vote for it.
    By law all trade unions have equal status, and the establishment of 
a trade union does not require government permission. However, unions 
affiliated with the Federation of Trade Unions (FPU), which inherited 
assets from the official Soviet era unions, enjoyed an advantage in 
organizing workers.
    In order to function, a union must be registered as a legal entity 
by the Government. Unions reported that this registration process was 
extremely burdensome, entailing visiting up to 10 different offices, 
submitting extensive documentation, and paying a number of fees. The 
International Trade Union Confederation characterized the registration 
requirement as ``a restriction unacceptable by international labor 
standards.''
    Unions not affiliated with the FPU, including the Confederation of 
Free Trade Unions of Ukraine (CFTU), continued to be denied a share of 
the former Soviet trade unions' huge property and financial holdings. 
These included social insurance benefit funds, a Soviet era legacy on 
whose boards FPU affiliated unions held the majority of seats, giving 
them a benefit the independent unions could not offer. Leaders of non 
FPU trade unions and some government officials claimed that the FPU 
improperly sold some Soviet era assets in order to thwart their future 
distribution. A 2007 parliamentary moratorium on the FPU sale of 
property remained in place.
    The AFL CIO Solidarity Center reported several instances in which 
various government officials, including officials from the security 
services, sought to influence union votes and pressure members to 
report on union activities. As of September, the CFTU reported 17 
separate cases in which employers refused to recognize newly formed 
trade unions, barred them from collective bargaining, or otherwise 
violated labor laws. The CFTU complained that employers, acting in 
concert with leaders of local FPU affiliates, pressured independent 
unions in most of these cases to disband.
    In January three members of a teachers' trade union, including the 
chairman of the union, were fired from a school in Lviv, allegedly 
because of their union activity. Several CFTU affiliated unions of coal 
miners in the eastern part of the country reported significant 
harassment and, in one case, firings because of their union activities.
    Members of CFTU affiliated unions sometimes claimed that management 
forced them to carry out additional assignments without compensation or 
threatened them with dismissal if they refused to leave their unions. 
There were continuing complaints that FPU affiliated unions deducted 
union dues from the salaries of workers who had chosen to join a 
different union.

    b. The Right to Organize and Bargain Collectively.--The law permits 
trade unions to organize and participate in collective bargaining, but 
these rights were not always respected in practice.
    According to the law, joint worker management commissions should 
resolve differences over wages, working conditions, and the rights and 
duties of management at the enterprise level. The commissions were not 
always effective in practice and sometimes were dominated by management 
and union representatives co-opted by management. Although the law 
provides the right to collective bargaining, the manner in which the 
law was applied prejudiced the bargaining process against newer unions 
and favored FPU affiliated unions. Renouncing membership in an FPU 
affiliated union and joining a new union was bureaucratically onerous 
and typically discouraged by management.
    The law provides for the National Mediation and Reconciliation 
Service to mediate labor disputes.
    Export processing zones existed on paper but were dormant.

    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forms of forced or compulsory labor, including by children; 
however, there were reports that women, men, and children were 
trafficked for labor. Trafficked women were used as housekeepers, 
seamstresses, dishwashers, or workers at small and large manufacturing 
plants both in the country and abroad. A small number of women with 
small children and persons with disabilities were trafficked abroad for 
begging. Men exploited for their labor made up 24 percent of the 
trafficking victims identified by the IOM during the year. They worked 
mainly on construction sites and in mines. There were reports that some 
children worked at unsanctioned and illegal coal mines. A survey by the 
International Labor Organization (ILO) indicated that government 
enforcement had stopped children from working underground at these 
illegal mines.

    d. Prohibition of Child Labor and Minimum Age for Employment.--The 
law protects children from exploitation in the workplace, but the 
Government did not always effectively enforce the law. The country's 
labor code sets 16 as the minimum age for most employment. Fifteen year 
old children may perform ``light work'' with their parents' consent, 
but the law does not clearly define ``light work.'' Children aged 14 
can legally do some forms of agricultural and ``social'' work, for 
example at elder care facilities and orphanages, on a short term basis 
with the consent of one parent.
    The State Labor Inspectorate under the Ministry of Labor and Social 
Policy is responsible for enforcing child labor laws in the formal 
sector. The Department of Juvenile Affairs in the Ministry of Family, 
Youth, and Sport, and the Police Department for Juvenile Affairs in the 
Ministry of the Interior have the responsibility of identifying 
children in the informal sector involved in the worst forms of child 
labor. The Ministry of the Interior's Antitrafficking Department is 
responsible for the enforcement of child antitrafficking laws.
    The worst forms of child labor were found primarily in the informal 
sectors, such as commercial sexual exploitation, including production 
of pornography. There were some reports of children working at 
unsanctioned and illegal coal mines. Children were also found working 
in agriculture and trade at open air markets. The trafficking of 
children for forced labor and sexual exploitation was a problem.
    Enforcement improved but remained inadequate to deter violations 
fully. The Government reportedly conducted more inspections and there 
were more prosecutions of violators. According to the Ministry of Labor 
and Social Policy, the Government inspected 660 enterprises in August 
and found child labor law violations at 421 of them. The ILO sponsored 
a regional antitrafficking project aimed at eradicating the worst forms 
of child labor and child trafficking, including exploitation of street 
children and other children at risk.
    On June 17, UNIAN reported that Donetsk prosecutors were 
investigating 10 cases related to the illegal use of child labor. 
Volnovask district prosecutors opened an investigation of an 
entrepreneur who allegedly hired a teenager without a contract to work 
as a loader. On May 28, the Internet news service proUA.com reported 
that Donetsk prosecutors were investigating the possible use of 
vocational college students in construction instead of the internship 
to which they were entitled.

    e. Acceptable Conditions of Work.--On December 1, the Government 
increased the monthly minimum wage to 605 hryvnia (approximately $78). 
The minimum wage did not provide a decent standard of living for a 
worker and family. The State Labor Inspectorate is responsible for 
enforcing the minimum wage but was unable to monitor all employers 
thoroughly. Many workers, particularly in the informal sector, received 
wages far below the established minimum.
    Official wage arrears stood at 756 million hryvnia (approximately 
$98 million) as of August 1. Most arrearages accumulated in state run 
industries and agricultural enterprises.
    The law 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. The 
law provides for double pay for overtime work and regulates the number 
of overtime hours allowed. However, regulations covering rest periods, 
maximum hours, and overtime were not always effectively enforced.
    Although the law contains occupational safety and health standards, 
these were frequently ignored in practice. Lax safety standards and 
aging equipment caused many injuries on the job. During the first half 
of the year, 7,791 workplace injuries were reported, including 501 job 
related fatalities.
    Illegal coal mines with ties to organized crime and corrupt 
management were particularly unsafe. During half of the year, 2,929 
injuries, including 94 fatalities, were reported among coal miners.
    The law gives workers the right to remove themselves from dangerous 
work without jeopardizing their continued employment; however, trade 
unions 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, with a 
population of 60.8 million, is a constitutional monarchy with a 
multiparty, parliamentary form of government. Citizens elect 
representatives to the House of Commons, the lower chamber of a 
bicameral legislature. They last did so in free and fair elections in 
2005. Members of the upper chamber, the House of Lords, occupy 
hereditary or appointed seats. Civilian authorities maintained 
effective control of the security forces.
    The Government generally respected the human rights of its 
citizens. The law and judiciary provide effective means of addressing 
individual instances of abuse; however, there were some reports of 
police misconduct and occasional abuse of detainees and other persons 
by police and military personnel and employees of government 
contractors. There were also reports of overcrowded prisons and some 
inadequate prison infrastructure. Societal problems included 
discrimination against religious minorities; mistreatment of women, 
children, ethnic minorities, gays, and persons with disabilities; and 
trafficking of 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 that the Government or its agents committed any politically 
motivated killings; however, the Independent Police Complaints 
Commission (IPCC) reported that police shot and killed three persons in 
the performance of their duty, compared to five in 2007.
    In July the Ministry of Defense agreed to pay 2.8 million pounds 
(approximately $4 million) to the family of Iraqi civilian Baha Mousa, 
who died in 2003 after suffering 93 injuries during a 36 hour detention 
by British troops in Iraq. In 2007 a court martial sentenced a soldier 
to one year in prison and dismissed him from the army for the inhumane 
treatment of Mousa. Six other soldiers were acquitted; no one was 
convicted in the deaths. At year's end a civilian judicial inquiry was 
ongoing.
    Proceedings continued in three cases involving allegations of 
government involvement, collusion, or culpability in killings during 
the conflict in Northern Ireland in the 1980s and 1990s.
    No official developments were reported in the Government's standing 
request, refused by Russian authorities, for the extradition of Andrei 
Lugovoy in connection with the 2006 death in London by radioactive 
poisoning of former Russian intelligence officer Aleksandr Litvinenko, 
an act many regarded as politically motivated. In a November 21 
interview in Moscow with the British newspaper, The Times, Mr. Lugovoy 
offered to send Dmitri Kovtun, his alleged accomplice, to London to 
talk to Scotland Yard in an attempt to clear their names on condition 
that Mr. Kovtun not be extradited to Germany, where he is wanted on 
charges of transporting plutonium.

    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 authorities did not 
usually engage in them; however there continued to be allegations that 
members of the military services were at least complicit, if not 
participants, in the torture of detainees overseas, that individual 
police officers occasionally abused detainees, and that guards under 
contract to immigration authorities abused deportees while returning 
them to their home countries. Police are subject to oversight by the 
Independent Police Complaints Commission, which investigates charges of 
abuse and has the power to punish police officers if abuse is found.
    Member of Parliament John McDonnell accused the intelligence 
services of colluding in the torture of one of his constituents by 
Pakistani authorities. During the year several citizens, all UK 
Pakistani dual nationals, made similar charges. At first, the Home 
Office denied that the Government tortures or condones torture. 
Subsequently, however, the Home Office asked the attorney general to 
investigate these allegations.
    On August 15, the IPCC issued statistics indicating that 
approximately 3,200 charges of ``other assault'' (the most prevalent 
kind of assault) were made against police in the first half of the 
year. Two thirds of the cases involved charges that police used 
excessive force during arrests; the remainder were charges of assault 
during an incident involving civil unrest or while alleged victims were 
in detention. In reviewing the approximately 6,500 complaints of 
``other assault'' in 2007, the IPCC found that an investigation was 
justified in one third of the cases, of which 236 (11 percent) were 
substantiated. One fourth of the complainants whose allegations were 
rejected appealed, and 19 percent of those appeals were upheld. 
Overall, 8 percent of the 2007 charges against police for ``other 
assault'' were found to be valid and the victims entitled to seek 
compensation.
    A Consultative Group on the Past in Northern Ireland, containing 
prominent individuals from both sides, concluded its work on ways to 
deal with the legacy of decades of strife between the two communities 
in Northern Ireland, and announced that it intended to release its 
report early in 2009. Under a Victims and Survivors Act for Northern 
Ireland that took effect in June, ``commissioners'' were appointed to 
address the needs of victims of the decades long violence.

    Prison and Detention Center Conditions.--Prison conditions 
generally met international standards, and the Government permitted 
visits by independent human rights observers; however, overcrowding and 
poor facilities continued to be problems. A study by the 
nongovernmental organization (NGO) Forum for Preventing Deaths in 
Custody, indicated that, as of September 21, the number of suicides in 
prison increased compared to the same period in 2007; however the 
Ministry of Justice subsequently released data covering the entire 
year, indicating that 61 incarcerated persons, all but one of them 
male, took their lives during the year, a significant decline from the 
92 reported in 2007 and the lowest number since 59 suicides were 
recorded in 1995.
    On September 1, the prison population in England and Wales was 
reported to be 83,852 in facilities designed to accommodate 73,595, a 3 
percent increase over the previous year. In Scotland, 8,431 inmates 
were reported in prisons with an official capacity of 6,365 as of 
October 3. England, Wales, and Scotland conducted early release 
programs that somewhat reduced overcrowding. Authorities attributed 
prison overcrowding in part to a rise in the recidivism rates. In 
Northern Ireland the prison population on December 12 was 1,503.
    In a preliminary report released in September, the Forum for 
Preventing Deaths in Custody (an organization comprising 
representatives of various law enforcement organizations, government 
ministries, NGOs, and the Independent Police Complaints Commission) 
stated that there were 523 deaths in custody in England and Wales in 
2007, a decline over previous years. Prison overcrowding and 
insufficient care of individuals who were in custody for their own 
protection or for offenses related to mental illness were cited as 
contributing to the number of deaths. The Scottish Prison Service 
reported 12 deaths in custody, seven more than in 2007; four cases were 
listed as due to natural causes; the rest were under investigation. In 
the same period, at least one person in Northern Ireland had died in 
custody. The known case was a suicide in which the officers are under 
investigation for neglect.
    On August 21, the chief inspector for prisons, Anne Owers, 
criticized authorities in Frankland Prison, the country's largest high 
security prison, for not adequately protecting Muslim and ethnic 
minority inmates from attacks by white inmates. She also noted that 
although all racially and religiously motivated attacks were 
perpetrated by whites, minority inmates were far more likely to face 
discipline, including involuntary segregation, than white prisoners. 
She stated that the prison had recently experienced a large increase of 
gang members and individuals convicted of terrorism, for which the 
prison was unprepared. Authorities subsequently initiated training for 
prison staff.
    At times juveniles, including some under age 16, were held together 
with adult prisoners. Although rare, there were instances when pretrial 
detainees were held with convicted prisoners.
    The Government permitted independent monitoring of prison 
conditions by local and international human rights groups, the media, 
the International Committee of the Red Cross, and the independent 
International Centre for Prison Studies based at Kings College, London. 
Some of the organizations undertook monitoring missions during the 
year.

    d. Arbitrary Arrest or Detention.--The law prohibits arbitrary 
arrest and detention, and the Government generally observed these 
prohibitions; however, critics charged that some procedures justified 
by government as necessary to combat terrorism constituted preventative 
detention.

    The Role of the Police and Security Apparatus.--Civilian 
authorities maintained effective control over the regional police 
forces, and the Government has effective mechanisms to investigate and 
punish abuse and corruption. There were no reports of impunity 
involving the security forces.

    Arrest and Detention.--In most cases police officers may make an 
arrest only if they have reasonable grounds for suspecting that someone 
has committed or is about to commit one or more listed ``arrestable 
offenses,'' or if an officer believes an arrest is necessary to prevent 
physical injury or damage to property.
    On August 27, the Home Office announced that over 1,600 individuals 
previously without police authority, including local government 
employees and employees of private security firms, had been given 
``enforcement powers,'' including the right to issue citations and 
fines and to demand the names and address of persons stopped in the 
street. Human Rights groups and opposition politicians called the 
practice a civil rights violation and a move towards excessive 
surveillance. Opposition politicians noted that there were already 
regular police and other officials with law enforcement powers as well 
as fully trained and uniformed volunteers and a comprehensive closed 
circuit television surveillance network. The Government defended the 
practice, citing existing procedure which permits a chief constable to 
designate a limited number of persons with a limited amount of 
enforcement power who are ``employees of organizations which contribute 
to public safety.''
    Police may detain an ordinary criminal suspect for 96 hours without 
charging him or her. However, detention for more than 24 hours must be 
authorized by a senior police official, and detention of more than 60 
hours requires the approval of a magistrate. No one except terrorism 
suspects may be detained without charge longer than 96 hours. 
Authorities may hold terrorism suspects for up to 28 days before 
formally charging them; they are entitled to counsel during this 
period. A government bill to extend the period of detention without 
charges from 28 to 42 days in terrorist cases was a significant source 
of controversy during the year; the bill was withdrawn after leaders in 
the House of Lords indicated it would be defeated there. Existing law 
permits the extended detention of foreigners who are suspected of being 
terrorists but who cannot be deported immediately because of the risk 
they would be tortured or executed in their countries of destination. 
Such individuals may appeal their designation as terror suspects.
    The law gives defendants awaiting trial the right to bail, except 
for those judged to be flight risks, likely to commit another offense, 
suspected terrorists, or in other limited circumstances. Detainees may 
make telephone calls and have legal representation, including 
government provided counsel if they are indigent.
    On April 9,the Court of Appeal ruled that radical preacher Abu 
Qatada, whose ``inspirational'' tapes were found in the German 
apartments used by Mohammad Atta and other 9/11 terrorists, could not 
be deported to Jordan because his human rights might be violated there. 
Abu Qatada has been held in Belmarsh prison since 2002. The court ruled 
that ``assurances,'' contained in a memorandum of understanding between 
the Government and the Jordanian government, were an inadequate 
safeguard. (Abu Qatada was convicted in absentia in Jordan on terrorism 
charges.) The Government appealed. Also in April, the Court of Appeal 
ruled that deporting two suspected terrorists (and rejected asylum 
seekers) to Libya, based on a memorandum of understanding with Libyan 
authorities providing assurances that the deportees would not be 
mistreated, would constitute a violation of the law as well as the 
country's international commitments, as the two faced a substantial 
risk of mistreatment on return to Libya.
    The Terrorism Act permits a judge (or the home secretary, with a 
judge's permission) to impose ``control orders,'' which include a range 
of restrictions, up to house arrest, on individuals suspected of 
involvement in terrorism related activities, regardless of nationality 
or perceived terrorist cause. Control orders were first employed in 
January. In October the Law Lords ruled that the 18 hour curfew the 
home secretary had imposed on one group of individuals constituted a 
deprivation of liberty beyond what was permissible under the law. In 
two other cases, the Law Lords questioned the fairness of the hearing 
which two individuals received when they challenged the control orders 
served on them. On October 1, the Council of Europe's Committee for the 
Prevention of Torture and Inhuman or Degrading Treatment or Punishment 
(CPT) criticized the Government's detention of terrorism suspects. The 
law normally requires suspects to be transferred to prisons after 14 
days; however in the case of terror suspects this was extended to 28 
days to protect the public and permit further investigation. The CPT's 
objections were based on conditions at the high security detention 
facility at Paddington Green police station, which they regarded as 
inadequate for prolonged detention. Government representatives 
responded that detention in police facilities beyond 14 days were 
exceptions that they believed to be ``reasonable and proportionate.''

    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government generally respected judicial 
independence in practice.

    Trial Procedures.--The law provides for the right to a fair trial, 
and an independent judiciary generally enforced this right.
    Defendants enjoy a presumption of innocence. Criminal proceedings 
must be held in public except those in juvenile court and those 
involving public decency or security. In a trial under the Official 
Secrets Act, the judge may order the court closed, but sentencing must 
be public.
    The law generally allows for jury trials. In England and Wales, 
there is provision for judge only trials in rare exceptions when the 
jury has been intimidated, when ``compelling new evidence'' arises 
after a previous acquittal, or when evidence of a defendant's previous 
misconduct is to be introduced. In Northern Ireland, trials by a single 
judge, employed during previous decades in response to intimidation of 
juries by paramilitaries, ceased to be the norm on July 31. However, as 
in the case of England and Wales, nonjury trials may be held in cases 
involving possible intimidation of juries. Scotland allows jury trials 
in criminal and civil cases.
    Defendants have the right to be present at their trials, to consult 
with an attorney in a timely manner, and to question witnesses against 
them. Defendants have access to government held evidence relevant to 
their cases, with some exceptions, including instances in which 
information pertaining to a suspect is acquired through sources 
associated with national security.
    Defendants have the right to appeal to successively higher courts. 
Indigent defendants have the right to free counsel of their choice, 
with some exceptions.

    Political Prisoners and Detainees.--There were no reports of 
political prisoners or detainees.

    Civil Judicial Procedures and Remedies.--There is an independent 
and impartial judiciary in civil matters, including access to a court 
to bring lawsuits seeking damages for, or cessation of, a human rights 
violation. Administrative remedies were also available.

    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The law prohibits such actions, and the Government 
generally respected these prohibitions in practice.
    During the year legislation requiring telephone companies to retain 
information about landline and cellular telephone calls took full 
effect. The legislation requires that the retained information may be 
made available, without a warrant, to over 700 governmental 
organizations, including police, the National Health Service, and other 
social services. The Ministry of Justice, responsible for implementing 
the legislation, denied that the data was at risk of being compromised.
    The use of electronic surveillance requires the approval of the 
home secretary, who authorizes an ``interception warrant,'' which must 
name or describe either one person or a single set of premises where 
the interception is to take place. However, in limited circumstances 
the home secretary may issue a ``certified'' interception warrant, 
eliminating the requirement to specify a person or premises. Certified 
warrants are intended only for communications with overseas parties. 
They include communications channeled through a foreign Internet 
service provider (ISP). An independent ``interception of communications 
commissioner'' oversaw interception warrants, and the Investigatory 
Powers Tribunal investigated public complaints of surveillance abuses. 
According to its annual report, published in July, the tribunal 
received 66 new complaints in 2007, and completed its investigation of 
31 of these, together with 52 cases carried over from 2007. The 
tribunal carried a further 41 cases forward to 2008. The Government 
would not publically discuss the decisions of the tribunal in the cases 
that were resolved.
    On July 3, the European Court of Human Rights (ECHR) ruled that the 
Government's telephone tapping practices violated the right to privacy. 
Describing the Government's powers to tap private telephone 
conversations and Internet connections as ``virtually unfettered,'' the 
court ruled that the Government's right to intrude on private 
conversations could not be indiscriminant and that limits need to be 
placed on, and public scrutiny permitted their use. The case that 
precipitated the ruling was brought by British and Irish human rights 
groups after the Irish authorities asked the Government whether it was 
monitoring Irish telephone conversations.
    Publicly funded reports by panels in Birmingham and Manchester, 
released on July 31, criticized the Government's policy of retaining 
DNA records of all arrestees, including those acquitted or against whom 
charges were dropped. The authors of the reports proposed placing the 
DNA database in the hands of an independent oversight body and giving 
individuals who are not successfully prosecuted, as well as 
rehabilitated criminals who have served their sentences, the 
opportunity to remove their DNA from the database. Liberty, the 
country's largest human rights organization, described continued 
government control over the database as a threat to civil liberties. 
Officials contended that the national DNA database had revolutionized 
police ability to protect the public. In early December the ECHR ruled 
that the Government's retention of the DNA of nonconvicted persons in 
perpetuity was unlawful. The Government responded that it would retain 
the database but make changes to conform to the court's ruling. 
Authorities stated that four killers, including one serial killer, had 
been caught through DNA matches in the last 12 months.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government generally respected these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combined to ensure freedom of 
speech and of the press.
    The law forbids the reporting of criminal cases before they come to 
trial, with certain exceptions. In addition, the royal family has 
certain press privileges that amount to a blackout on certain types of 
reporting. However, such information was often available from foreign 
sources over the Internet and cable television, so judges were less 
inclined than in earlier years, to issue gag orders to the press.
    The 2007 Racial and Religious Hatred Act and other legislation make 
it an offense to use ``threatening words or behavior'' toward a 
religious, ethnic, or racial group. The 2007 act applies specifically 
to words, behavior, or displays of written material; the publishing or 
distributing of written material; the public performance of a play; the 
distributing, showing, or playing a recording; the broadcasting or 
including a program in a program service; or the possession of written 
materials or recordings with intent to display, publish, distribute, or 
include such materials in a program service. The law was invoked once 
during the year.
    Court decisions during the year established that possession of 
materials advocating terrorism alone was insufficient for conviction 
under the 2000 Terrorism Act; however, possession of materials that 
provided practical assistance to terrorists, such as the al Qa'ida 
Manual, the Terrorist's Handbook, the Mujahideen Poisons Handbook, and 
a number of military manuals, did fall within the meaning of the act.
    On May 19, in a letter to the Times, several eminent journalists 
accused police of posing ``a serious risk to the future of 
investigative journalism'' when they issued warrants to many British 
and American media outlets including major newspapers and the 
television news program 60 Minutes, requiring them to provide details 
of interviews with former jihadist Hassan Butt at the time of Butt's 
arrest in early May. Butt had described himself as a ``poster boy for 
Islamic radicalism'' but publicly renounced that philosophy following 
the bus and subway bombings in London in 2005. Police arrested Butt on 
May 9, noting that he continued to associate with known terrorists and 
leading terror suspects. After holding him without charge until May 21, 
they released him but indicated that their investigation continued. 
Police subsequently reported that Butt claimed to have made up his 
story about being a jihadist in order to make money.
    On November 19, four men were arrested and charged with violations 
of the Racial and Religious Hatred Act for distributing leaflets in 
Ireland and the United Kingdom in September blaming Muslims for the 
heroin trade. The arrests followed controversy over the precedence of 
free speech over stirring hatred in the community. The Crown 
Prosecution Service at first advised police that, while racist (most 
British Muslims are of South Asian or African descent), the leaflets 
were protected speech, a position which angered the National 
Association of Muslim Police, which advocated halting the distribution 
and investigating the source.
    British publication of the book the Jewel of Medina about Mohammed 
and his youngest wife, scheduled for release on October 30, was 
postponed ``until further notice'' for ``security reasons.'' The book's 
publishing house was firebombed in September.

    Internet Freedom.--There were no government restrictions on access 
to the Internet. Individuals and groups could engage in the peaceful 
expression of views via the Internet, including by e mail. There were 
no reports that authorities routinely monitored e mail or Internet chat 
rooms. However, the law permits communications data surveillance, 
including Internet usage, in the interests of national security, to 
prevent or detect a crime, or in the interests of public safety. 
Authorities did not publically discuss details of their monitoring 
activities. The Government had voluntary agreements with most ISPs to 
record all incoming and outgoing emails and store them for one year. 
This agreement has been in place since 2003. During the year the 
Government announced that the system would become mandatory in March 
2009. The Government has also proposed a national database instead of 
relying on the ISPs. This has led to protests.
    The Internet was widely available throughout the country and was 
available at no cost in public libraries. Approximately 70 percent of 
the population used the Internet.

    Academic Freedom and Cultural Events.--There were no government 
restrictions on academic freedom or cultural events.

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

    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government generally respected this right in practice. The 
Government does not consider the Church of Scientology and the 
Unification Church to be religions for purposes of issuing visas for 
ministers of religion or missionaries. Since the Church of Scientology 
does not fall within the definition of religion in the charity law, its 
chapels did not qualify as places of worship, and authorities did not 
consider its ministers to be ministers of a religion. There were no 
reports of specific visa denials during the year.
    The law requires religious education in publicly maintained 
schools. Localities determine the content of religious instruction, but 
it must reflect the predominant place of Christianity in the cultural 
and historical context of the nation while taking into account the 
teachings and practices of the country's other principal religions, and 
it must refrain from attempting to convert pupils. All parents have the 
legal right to request that their children not participate in religious 
education, but the school must approve this request.
    Schools in England and Wales must also provide a daily act of 
collective worship, of ``a wholly or mainly of a broadly Christian 
character.'' Students of other faiths may offer prayers of their own 
religion. According to a 2005 survey by the British Broadcasting 
Company, a considerable number of schools were not participating in 
this form of worship. Teachers have the right not to participate in 
collective worship, without prejudice.
    The chief inspector for prisons criticized authorities in Frankland 
Prison, the country's largest high security prison, for not adequately 
protecting Muslim (and ethnic minority) inmates from attacks by white 
inmates.
    On October 22, the Law Lords, the country's highest court, declared 
that Shari'a law as practiced in Lebanon was discriminatory against 
women and reversed a Court of Appeal decision that would have upheld 
the deportation of a woman to Lebanon, where she claimed a Shari'a 
court would hand over her child to an abusive father.
    The status of Humanism, in comparison with other perspectives on 
religion, was the subject of litigation. On September 26, the British 
Humanist Association (BHA) announced that it was suing the Government 
for religious discrimination after authorities responsible for the 
school curriculum ruled that an optional course of studies on Humanism 
prepared by the BHA did not give sufficient attention to other 
religions. The BHA charged that the ruling violated the European 
Convention on Human Rights, which accords nonreligious beliefs equal 
status with religions.
    Legal efforts to establish policies regarding the public display of 
religious symbols in schools continued during the year. On July 30, the 
High Court, overturning two lower court rulings, declared a school's 
decision to suspend a Sikh student for wearing a Kara bracelet to be 
unlawful, because it violated the school's no uniform policy. The lower 
courts had based their decisions on the Law Lords' 2007 ruling that 
schools could prohibit whatever they wished to ensure unity and safety. 
The lower court ruling led to victories for school administrators in 
court cases over the wearing of the Sikh Kirpan (small ceremonial 
dagger), the Muslim veil or hijab, and Christian purity rings and 
crosses. However, the High Court judge in this case did not cite the 
2007 ruling; he relied instead on a ruling from 1983 that found that 
Sikhs, like Jews (who are allowed to wear yarmulkes), were a unique 
``race,'' and thus protected by antiracial discrimination laws. Several 
commentators said that the ruling opened the door to thousands of 
challenges to schools' authority on dress rules, while others concluded 
that the decision was intentionally narrow, as it was made on the 
grounds of racial and not religious discrimination. The Association of 
School and College Leaders urged Aberdare Girls' School to appeal to 
the Law Lords, but the school's representative stated that an appeal 
was unlikely; the student had left the school to complete her studies 
elsewhere and decided not to return after her victory.

    Societal Abuses and Discrimination.--The Jewish population numbers 
approximately 280,000. The Community Security Trust (CST), an 
organization that represents the Jewish community in matters of 
security, reported that in the first six months of the year there were 
42 violent assaults against Jews, compared to 54 in the same period of 
2007. In the same period, the CST recorded 266 anti Semitic 
``incidents,'' defined as any malicious act aimed at Jewish persons, 
organizations, or property, where there is evidence that the incident 
has anti Semitic motivation or content, or that the victim was targeted 
because they are (or are believed to be) Jewish. This represented a 9 
percent increase compared with the same period in 2007. According to 
CST, this increase was attributable primarily to incidents reported to 
CST from beyond the main Jewish communities of London and Manchester.
    Anti Semitic incidents surged at the end of the year; they were 
primarily attributed to Israeli military operations in Gaza.
    There were instances of anti Muslim behavior. On September 29, 
during Ramadan, vandals desecrated a Muslim cemetery in South London, 
damaging 40 stones and plantings. Police treated it as a hate crime.
    On November 19, four men were arrested and charged with violations 
of the Racial and Religious Hatred Act for distributing leaflets in 
Ireland and the United Kingdom in September blaming Muslims for the 
heroin trade. The arrests followed controversy over the precedence of 
free speech over stirring hatred in the community. The Crown 
Prosecution Service at first advised police that, while racist (most 
British Muslims are of South Asian or African descent), the leaflets 
were protected speech, a position which angered the National 
Association of Muslim Police, which advocated halting the distribution 
and investigating the source. Four men were arrested on November 19 and 
charged with violations of the Racial and Religious Hatred Act for 
distributing the leaflets. The men were subsequently ``cautioned,'' 
which under British law amounts to a formal admission of guilt in lieu 
of a trial.
    Hanan and Samira Fariad, British born Pakistani Muslim sisters 
working for Tradition Securities and Futures (TSAF), sued their 
employer, claiming that their working life was made unbearable by 
sexist behavior and religious and racial discrimination by colleagues 
and supervisors. In early November they settled out of court for 
several million British pounds.
    British publication of a book about Mohammed and his youngest wife, 
The Jewel of Medina, scheduled for release on October 30, was postponed 
``until further notice'' for ``security reasons.'' The book's 
publishing house was firebombed in September.
    For a more detailed discussion, see the 2008 International 
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

    d. Freedom of Movement, Internally Displaced Persons, Protection of 
Refugees, and Stateless Persons.--The law provides for freedom of 
movement within the country, foreign travel, emigration, and 
repatriation, and the Government generally respected these rights. The 
Government cooperated with the Office of the UN High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations to provide 
protection and assistance to refugees, asylum-seekers, stateless 
persons, and other persons of concern.
    Although there is no law prohibiting exile, the Government did not 
employ the practice.

    Protection of Refugees.--The laws provide for the granting of 
asylum or refugee status in accordance with the 1951 UN Convention 
relating to the Status of Refugees and its 1967 protocol, and the 
Government has established a system for providing protection to 
refugees. The Government was committed to providing protection against 
the return of persons to a country where their lives or freedom would 
be threatened.
    On July 14, the Home Office announced that ``at this time'' it 
would not deport asylum-seekers from Zimbabwe and Darfur whose asylum 
claims had been denied. The announcement followed criticism from 
several NGOs about the prospect of deportations. Estimates of the 
number of failed asylum-seekers in the country from Zimbabwe ranged 
from 11,000 to 13,000. Failed asylum- seekers from Darfur were 
estimated to number in the low thousands.
    On September 30, the Home Office announced that Dame Nuala O'Loan, 
former police ombudsman for Northern Ireland, would investigate claims 
of abuse by private contractors, hired by the Government to detain and 
remove failed asylum-seekers. A July report by a consortium of NGOs 
called ``Outsourcing Abuse'' documented the claims of over 300 persons 
who accused the private contractors of physical and sexual assault and 
racial abuse. As of December 5, the Home Office upheld only one 
complaint detailed in the report, but the report included extensive 
medical evidence of abuse and stated that several individuals were 
returned to custody after pilots of the aircraft used for their removal 
refused to allow them to remain on board ``in their current state.'' 
Dame O'Loan was instructed to reopen 50 cases that the Government 
previously classed as unsubstantiated. She was expected to address the 
appropriateness of using private contractors and whether the use of 
``reasonable force'' was appropriate in dealing with failed asylum-
seekers.
    Based in part on the European Union's ``Dublin procedure,'' the 
Government places the burden of proof on asylum-seekers if they arrive 
from a country on a list of ``safe countries'' of origin promulgated by 
the home secretary, if they passed through a country where they were 
not considered to be at risk, or if they remained in the country for a 
period of time before seeking asylum. The law permits authorities to 
remove an asylum applicant to another country that is deemed 
responsible for adjudicating an applicant's claim.
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.

    Elections and Political Participation.--Elections to the Northern 
Ireland Assembly, to the Scottish Parliament, and to the Welsh Assembly 
took place in 2007. They were generally regarded as free and fair. Free 
and fair elections to the House of Commons took place in 2005.
    In Northern Ireland the ministers of the power sharing government 
between Protestants and Catholics broke off talks for five months; the 
two main political parties deadlocked over terms for transferring 
authority over policing and justice from the British government in 
London to the Government of Northern Ireland. An agreement in November 
led to the resumption of ministerial meetings and agreement on a path 
towards a transfer of power.
    The overseas territories, with a total population of approximately 
212,000, have varying degrees of self government based on the British 
model, with appointed governors.
    There were 12 women in the 646 seat House of Commons and 14 in the 
748 seat House of Lords. There were five women in the prime minister's 
cabinet. An additional 30 women held other ministerial posts. There was 
one woman among the 12 Law Lords. There were 15 members of ethnic 
minorities in the House of Commons. The number of members of ethnic 
minorities in the House of Lords was not reported; there were no 
members of ethnic minorities in the Cabinet; Baroness Scotland, who is 
Afro Caribbean, is attorney general, but she had only an advisory role. 
Four members of ethnic minorities held junior ministerial posts.

    Government Corruption and Transparency.--The law provides criminal 
penalties for official corruption, and the Government generally 
implemented these laws effectively. There were isolated reports of 
government corruption during the year.
    At the end of the year prosecutors were reviewing the case of the 
Labor Party's former general secretary, who resigned in November 2007 
after admitting he had been aware of an arrangement whereby a major 
donor funded the party through proxies; he insisted he had believed the 
arrangement was lawful. The prime minister denied knowledge of the 
arrangement, but acknowledged that the true source of these donations 
had not been reported as required by law. Another member of the 
cabinet, Peter Hain, who also resigned as a result of the scandal, was 
cleared on December 5.
    During the year the Government continued to face criticism over its 
2006 decision to abandon an investigation of government corruption in 
connection with BAE Systems' arms deals with Saudi Arabia. The High 
Court ruled in April that the decision to abandon the investigation was 
unlawful; however the House of Lords overturned the High Court's 
decision, effectively ending any further review of this case. 
Meanwhile, the Working Group on Bribery (WGB) of the Organization for 
Economic Co operation and Development (OECD) investigated the matter as 
part of an extraordinary review of British compliance with the OECD 
Bribery Convention. In stating the conclusions of its review, the WGB 
stated in October that it was ``disappointed and seriously concerned'' 
about the country's unsatisfactory implementation of the convention.
    There were charges during the year that corruption was involved in 
efforts by parents and others to secure the financial support of local 
governments for ``academy schools,'' state maintained independent 
schools established with the help of outside sponsors.
    The law provides for public access to information, and authorities 
generally granted access to citizens and noncitizens, including foreign 
media. There are numerous exceptions to the availability of government 
information, including those relating to national security and defense, 
personal privacy, and possible risks to health and safety. In some 
instances, authorities are not obliged to indicate whether relevant 
information exists; however, according to authorities, they are obliged 
to say why they are refusing a request. There are no fees for 
requesting information; however, there may be a bill for the cost of 
materials and postal fees. Government agencies may refuse a request if 
the cost to the Government will exceed 460 or 600 pounds (approximately 
$670 or $870), depending on the agency's size. There was a mechanism to 
appeal denials.
    A dispute continued between The Daily Telegraph newspaper and the 
Government over the newspaper's request for the number of unsuccessful 
asylum-seekers whose deportation failed because they were denied 
admission by the intended destination countries. The Government refused 
to provide the data, contending that the necessary file search would be 
too costly; it also denied the newspaper permission to appeal. The 
newspaper's request was prompted by the assertions of anti immigration 
campaigners that the Government was exaggerating the success of its 
deportation program and that many intended deportees were returned to 
the country because authorities did not provide adequate travel 
documentation.
    During the year, defense ministry officials unsuccessfully sought 
to prevent civilian coroners' inquests into the deaths of members of 
the military in combat zones. Accusations by coroners of official 
culpability or cover ups in ``friendly fire'' deaths, as well as in 
deaths possibly attributable to poor or inadequate government provided 
safety equipment, were heavily covered in the media. Secretary of State 
for Defense Des Browne also sought a High Court ruling that would 
prohibit coroners from making such accusations, on the grounds that 
they could prevent the military from carrying out its primary function 
for fear of being held responsible for every death caused by enemy 
action. Family members claimed that defense ministry interference would 
tie coroners' hands and prevent them from learning the causes of death 
of their loved ones. The court did not rule on the case during the 
year.
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 cooperative and responsive to their views.
Section 5. Discrimination, Societal Abuses, and Trafficking in Persons
    The law prohibits discrimination based on race, nationality, 
gender, sexual orientation, or disability, and the Government generally 
enforced the law effectively.

    Women.--Rape, including spousal rape, carries a maximum penalty of 
life imprisonment. According to the British Crime Survey (BCS), whose 
data include incidents not reported to police, 21,403 sexual assaults 
on women were reported in the year that began on April 1, 2006. 
Observers expressed concern at a declining rate of successful 
prosecutions of rapists in England and Wales. From April 2006 through 
March 2007, the conviction rate was 5.7 percent of cases prosecuted, 
compared to 33 percent in 1977. Authorities in Scotland and Northern 
Ireland reported similarly low conviction rates. The BCS estimated that 
one in 20 women in the country had been raped.
    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 prohibits domestic violence, including spousal abuse, and 
authorities strictly enforced the law in cases reported to them. The 
courts imposed punishment ranging up to life imprisonment; however, 
violence against women continued to be a problem. The law provides for 
injunctive relief, personal protection orders, and protective exclusion 
orders (similar to restraining orders) for female victims of violence.
    According to BCS estimates based on interviews and covering the 
approximate period of October 31, 2005 to September 1, 2006, domestic 
crime (2,471,000 cases) represented 16 percent of total crime committed 
in England and Wales. One third of violent incidents against women were 
domestic violence. In 2007, 110 persons were killed by domestic 
partners.
    On July 30, The Ministry of Justice announced changes in the law 
against homicide in England and Wales, designed to address inequalities 
between men and women in certain types of family violence. Among the 
changes, the killing of an abusive spouse, previously considered first 
degree murder, could be treated as manslaughter if it occurred while 
responding to a fear of serious violence. In addition, a manslaughter 
plea would no longer be allowed when an aggrieved partner kills a 
spouse who has committed adultery. A parent who kills a pedophile who 
has abused his or her child or a woman who kills her rapist may now 
claim ``murder with provocation.''
    NGOs raised concerns that police were not adequately trained to 
identify and respond when women sought protection.
    Police and NGOs estimated that approximately a dozen honor killings 
occurred each year, although there were no formal statistics. As of 
November 22, approximately 100 homicides were under investigation as 
possible ``honor killings.'' Personnel of the International Campaign 
against Honor Killings estimated that the number of women seeking their 
help quadrupled between 2005 and the end of the year. Many observers 
regarded honor killings as the extreme end of a spectrum that includes 
abductions, forced abortions, imprisonment, mental and physical abuse, 
and rape. It was generally considered an ``imported crime,'' since a 
majority of the incidents involved families from Asia, Turkey, Algeria, 
and Nigeria. Many of the crimes involved hiring outside ``hit men''; in 
other cases the perpetrator was the youngest member of the family, who 
was supervised by older family members. By the end of the year, only 35 
cases had been prosecuted as honor crimes. The cases involved 33 
victims and 47 offenses ranging from murder, kidnapping, and false 
imprisonment to common assault and public order violations.
    Forced marriages continued to be a problem, although their extent 
remained unknown. On March 11, Parliament's Home Affairs Committee 
requested additional information from the Government on students who 
had disappeared from school registers. Since the majority of these 
students were South Asian and female, the committee expressed concern 
that they were in danger of becoming the victims of forced marriage. 
Denial by local councils, which have the responsibility for social 
services and schools, that the large number of ``missing girls'' 
necessarily supported this interpretation failed to satisfy the 
committee, since the local councils appeared unable to provide 
alternative explanations for the phenomenon. An investigation by the 
Forced Marriage Unit, a joint effort of the Foreign and Commonwealth 
Office and the Home Office, determined that, while the numbers were not 
as large as reported earlier, the problem did exist, and a law to 
discourage them was quickly passed by Parliament, and implemented in 
November. The Forced Marriage Protection Act requires schools, social 
services, and police to receive training about this phenomenon and to 
take steps to combat it, ranging from increased truancy monitoring to 
assisting young persons who come to them for help without parental 
input. The law criminalizes forced marriage and makes taking 
individuals out of the country on false pretenses akin to kidnapping. 
It also has a provision to annul marriages made outside of the country 
against the will of one partner.
    On July 24, in another effort to deter forced marriages of citizens 
or residents who return to their or their parents' countries of origin, 
the Foreign and Commonwealth Office announced its intention to impose a 
number of new requirements relating to marriage visas, including 
raising the age someone can sponsor a spouse for a marriage visa from 
18 to 21 and adding a requirement that intending sponsors of such visas 
register their intent to seek a visa before traveling abroad. 
(Authorities believed that young adults often traveled on what they 
expected to be a vacation to the home country and were subsequently 
pressured into marriage and into applying for the spouse's visa.) The 
new age requirement was adopted in August. The registration of marriage 
intent for visas was still working its way through the legal process at 
year's end.
    Prostitution is legal for adults; however, such related offenses as 
loitering for the purpose of prostitution and maintaining a brothel are 
illegal. Authorities and NGOs estimated that 100,000 persons in the 
country were engaged in prostitution.
    The law prohibits child sex tourism and allows authorities to 
prosecute citizens or residents for offenses committed abroad. 
Individuals were arrested on such charges, but there were no reports of 
prosecutions during the year.
    The law prohibits sexual harassment and provides penalties of up to 
five years' imprisonment; authorities followed up on the isolated 
complaints that were filed.
    Women enjoy the same legal rights as men, including rights under 
family and property law and in the judicial system; however, in 
practice women experienced some discrimination. According to a 2005 
Equal Opportunities Commission (EOC) report, women's average hourly 
earnings for full time, private sector employment were 22.5 percent 
lower than those of men; in full time public sector jobs, women earned 
13.3 percent less than men. On September 2, the UN Committee on the 
Convention for the Elimination of All Forms of Discrimination against 
Women asserted that, in addition to experiencing discrimination in pay 
and in representation in government, women were more poorly treated 
than men in prisons and were imprisoned for lesser offenses. The report 
recommended a number of measures, including greater efforts to reduce 
the number of women in conflict with the law.
    On September 4, the Equality and Human Rights Commission, an 
independent group supported by the Government Equalities Office, 
released its annual report Sex and Power, which concluded that progress 
by women had stalled and in some respects declined. The report reviewed 
25 job categories and, in 12 of these, found there were fewer women 
than in previous years.
    There was a cabinet level minister for women and a deputy minister 
for women and equality. Two independent bodies were concerned with 
women's issues, the EOC and the Women's National Commission (WNC). The 
EOC supported women in discrimination cases before industrial tribunals 
and courts and produced guidelines for employers. The WNC is an 
umbrella organization representing women and women's organizations. It 
lobbied the Government to take women's views into account and include 
them in public debate.

    Children.--The Government expressed a strong commitment to 
children's rights and welfare. Child abuse remained a problem, although 
there were no reliable figures on its prevalence. In Northern Ireland 
it is a criminal offense to fail to report most offenses against 
children; England, Wales, and Scotland do not have such laws; however, 
civil servants charged with the care, education and welfare of children 
are ``responsible'' for their protection. The minister for children 
coordinated government policy concerning children and young persons in 
England and Wales. In Northern Ireland there was a commissioner for 
children. In Scotland the Ministries of Education, Young Persons, and 
Communities supervised similar programs designed to protect and provide 
assistance to minors.
    Public attention was drawn during the year to the abuse case known 
as ``Baby P,'' a child who died as a result of abuse, despite knowledge 
by social services agencies that abuse was taking place. Their failure 
to act caused headlines and led to the resignation of at least one 
government official.
    Female genital mutilation (FGM) is illegal. The maximum penalty for 
aiding, abetting, counseling, procuring, or carrying out this practice 
is 14 years' imprisonment. FGM was most often practiced by immigrant or 
refugee groups on girls aged seven to nine from Eritrea, Ethiopia, 
Somalia, West Africa, and Yemen. The Department of Health estimated in 
2006 that approximately 74,000 women had undergone FGM and a further 
7,000 women were at risk of having the procedure performed on them. In 
2006 the Metropolitan Police Service (MPS) and a number of NGOs began 
an awareness and prevention campaign focused on this problem. At the 
end of the year, MPS warned that in addition to the 20,000 residents in 
the at risk communities, over 1600 young women a year entered the 
country to join these communities. Actual medical statistics on 
reported victims were being compiled at the end of the year.
    There continued to be reports that some evangelical Christian 
immigrants from Africa abused children whom they accused of being 
witches.
    On August 26, penal reformers and children's groups criticized the 
Government's reliance on antisocial behavior orders (ASBOs), civil 
``warnings'' that can limit children's access to a geographic area or 
impose tailored curfews. ASBOs were introduced to prevent youth from 
interacting with the courts and youth services as a result of minor 
infractions. However, youth who subsequently violate ASBOs could be 
arrested and would enter the criminal system. Opponents contended that 
the ASBOs led to criminal records for youth whose behavior in the past 
would have been seen as ``kids being kids.'' According to one expert, 
over a thousand youths have been incarcerated for violating the ASBOs 
since their inception in 2000. Critics claimed that police were too 
quick to issue the orders for such minor infractions as excessive 
loudness or congregating in large numbers, violations that some 
children's advocates described as inevitable. Some experts contended 
that 30 percent of youths receiving the orders had mental or behavioral 
problems that did not permit them to understand the orders.
    On August 22, Anne Owers, Chief Inspector of HM Prisons, criticized 
the treatment of children at Yarl's Wood, the detention facility for 
women and children migrants facing possible deportation. She noted that 
facilities for their health, education, and recreation were inadequate, 
and most serious, children with disabilities were also detained there, 
contrary to British law. The United Kingdom Border Agency indicated 
that children were detained only as a last resort, when the parents 
``try to frustrate'' the removal process.
    According to the press a review of methods for controlling detained 
children issued toward the end of the year concluded that the use of 
limited pain inducing techniques were appropriate ways to keep children 
safe. Human rights groups criticized the practice.

    Trafficking in Persons.--The law prohibits all forms of 
trafficking; however, there were reports that persons were trafficked 
to, through, and within, the country.
    There were no official statistics on the number of trafficking 
victims. In a July 3 report, however, police estimated (based on 
arrests, including from raids on bordellos and statements from those 
intercepted at the borders) that between 6,000 and 18,000 women and 
children were engaged in prostitution involuntarily, the majority 
trafficked from abroad. Regions of origin included Central and Eastern 
Europe primarily the Balkans and the former Soviet Union and Asia, 
including China. Most victims were women trafficked for sexual 
exploitation. Women, men, and children were also trafficked for labor 
exploitation in domestic service, agricultural and rural labor, 
construction, and catering.
    During the year law enforcement agencies completed operation 
Pentameter 2, a crackdown on forced prostitution; 167 women and 
teenagers were freed during the year, including 13 girls between the 
ages of 14 and 17. The operation followed Pentameter 1 in 2006, which 
saw the arrest of 232 persons and the release of 88 victims of 
trafficking. Over 600 brothels were raided during the operation, most 
were in private homes. In a report on the Pentameter 2 operation, 
authorities noted that, since prostitution is not a crime, police often 
had difficulty distinguishing victims of trafficking and forced 
prostitution from those who engaged in prostitution voluntarily. The 
report also noted that an increasing number of persons forced into 
prostitution were born in the country.
    On October 11, the Guardian Weekly reported an undercover operation 
conducted both within the country and in China which revealed that over 
4,000 teenage girls, some as young as 11 years old, had been trafficked 
into the country from Fujian Province. Upon entry, the girls often 
claimed asylum, aware that the law prohibits the detention of persons 
under 18 and, once released, they disappeared. Over a thousand girls 
were described as still missing. The report also noted that the 
traffickers had a 15 year head start on law enforcement authorities, 
who only began to tackle the problem seriously in 2006, while Fujianese 
girls had been entering the country since the early 1990s.
    There were also reports that children were trafficked into the 
country and forced to work as domestic servants, beggars, pickpockets, 
drug couriers, or in sweatshops and restaurants.
    Authorities believed that organized gangs were behind most cases of 
trafficking for commercial exploitation. NGOs claimed that Albanian 
gangs were heavily involved in prostitution rings in London that used 
trafficked women. Gangs from the Far East appeared to be increasingly 
involved in trafficking women from that area. Prosecutors also 
uncovered East European and Chinese involvement in labor trafficking. 
Traffickers often lured women by false advertisements of work as 
restaurant staff, maids, and childcare providers. Some victims expected 
to work in the sex trade but were deceived about working conditions by 
the traffickers and exploited upon arrival.
    Traffickers used a variety of means, including use of valid travel 
documents, false documentation, and smuggling of aliens past border 
checks. Authorities believed traffickers frequently used Heathrow 
airport as a transit point, primarily for trafficking between European 
destinations. Traffickers controlled their victims through insistence 
that they repay endless ``debts'' for room and board and travel 
expenses, by withholding their travel documents, by misleading them 
about law enforcement and immigration penalties, and by threatening 
violence against them or their families.
    Trafficking for prostitution, sexual exploitation, or forced labor 
carries a maximum sentence of 14 years' imprisonment. The law applies 
to both citizens and residents and to acts committed domestically or 
abroad. The law also prohibits such related acts as keeping a brothel 
and causing, inciting, or controlling prostitution for gain. There are 
severe penalties for such offenses as causing, inciting, controlling, 
arranging, or facilitating the prostitution of a child. The law also 
criminalizes paying for sexual services of a child, as well as travel 
abroad for the purpose of obtaining sexual services from children. 
During the Pentamiter 2 operation against trafficking for prostitution 
initiated in 2006, law enforcement agencies made 528 arrests that led 
to 26 convictions.
    The Home Office was the lead antitrafficking agency. Other cabinet 
level departments involved in antitrafficking included the Foreign and 
Commonwealth Office, the Department of Trade and Industry, the 
Department for Education and Skills, the Crown Prosecution Service, and 
the Department for International Finance and Development. The Serious 
Organized Crime Agency (SOCA) handled trafficking investigations 
nationally. A United Kingdom Human Trafficking Center (UKHTC) shared 
trafficking intelligence with SOCA and developed training modules for 
attorneys prosecuting traffickers. The Government assisted with 
international investigations of trafficking.
    Immigration officers and airline personnel were trained to identify 
potential victims of trafficking. The UKHTC has developed training 
programs that enabled police academies to add trafficking to the list 
of core police competencies. The ``Paladin'' program at Heathrow 
specifically screened for vulnerable children. Authorities provided 
short term residence permits for victims of trafficking who cooperated 
with authorities in prosecuting their traffickers.
    The Government continued funding the Poppy Project, which provided 
support services to female victims of trafficking for sexual 
exploitation who were willing to assist law enforcement authorities. 
The Government did not prosecute victims of trafficking who were 
violating prostitution or immigration laws; however, authorities could 
deport them to their countries of origin.
    Local social services and charities provided services to 
trafficking victims. The Poppy Project initiated a national 24 hour 
outreach service. Local social service agencies were responsible for 
child victims of trafficking, who were usually placed in the foster 
care system. The Government and the NGO community maintained an active 
dialogue concerning protection services for victims.
    The State Department's annual Trafficking in Persons report can be 
found at www.state.gov/g/tip.

    Persons With Disabilities.--The law prohibits discrimination 
against persons with disabilities in employment, education, access to 
health care, and other state services. The law mandates access to 
buildings for persons with disabilities, and the Government effectively 
enforced this requirement in practice.
    The law requires that all public service providers (except in the 
transportation sector) make ``reasonable adjustments'' to ensure their 
services are available to persons with disabilities. The law forbids 
employers from harassing or discriminating against job applicants or 
employees with disabilities.
    The mandate of the Equality and Human Rights Commission (EHRC), an 
independent organization funded by the Government, included work on 
behalf of persons with disabilities to stop discrimination and promote 
equality of opportunity. The commission provided legal advice and 
support for individuals, a hotline for persons with disabilities and 
employers, and policy advice to the Government. The commission may also 
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. Some advocates 
for persons with disabilities claimed during the year that the October 
2007 replacement of the Disability Rights Commission, which dealt only 
with disabilities, by the EHRC, which also has a mandate for combating 
discrimination based on race, sex, religion and belief, sexual 
orientation and age, led to a dilution of efforts on behalf of persons 
with disabilities.

    National/Racial/Ethnic Minorities.--The law prohibits racial 
discrimination, but Travelers (itinerant populations consisting of 
Roma, Irish, and other ethnic groups), as well as persons of African, 
Afro Caribbean, South Asian, and Middle Eastern origin, at times 
experienced mistreatment on racial or ethnic grounds.
    The law authorizes police to order Travelers' caravans to move on 
from any rest area or other roadside location. Before the enactment of 
this provision in 2003, such locations were among the Travelers' 
primary stopping places. Travelers' organizations also reported that 
local governments across the country were seeking to evict them from so 
called ``illegal encampments.'' In one high profile case, Travelers 
fought an eviction order by the town council of Basildon, in Essex, 
seeking to remove them from the Dale Farm Traveler Settlement. At 
year's end eviction proceedings against residents of the site were on 
hold while a judiciary review was conducted. The case was ongoing at 
year's end.
    Victim Support, an NGO that assists persons affected by crime, 
reported that it received 29,995 referrals for assistance with racially 
motivated incidents between April 2005 and March 2007, a 42 percent 
increase from 2004 05. However, Victim Support believed this increase 
was primarily due to an improvement in police referrals of such 
incidents to them. The Crown Prosecution Service, which covers England 
and Wales, prosecuted 7,430 defendants for racially aggravated crimes 
between April 2005 and March 2007, up from 4,660 during the previous 
year. The Police Service of Northern Ireland (PSNI) reported 936 
racially motivated incidents during the same period, up by 15 percent 
from the preceding 12 month period and more than three times the number 
of incidents reported in 2003. The PSNI reported 746 racially motivated 
crimes, including 341 violent crimes, during the same period. In 
Scotland there were 3,791 racial complaints between 2005 and 2006, a 
decrease of 160 complaints from the previous year.
    On October 7, Home Secretary Jacqui Smith announced that the 
Government would launch a reappraisal of recruitment and promotion 
practices in police forces in England and Wales. The announcement came 
hours after London's mayor, Boris Johnson, announced his own inquiry 
into race and the London Metropolitan Police (MET, commonly known as 
Scotland Yard). Johnson made his announcement hours after MET's Black 
Police Association (BPA) announced it would boycott recruitment drives 
among ethnic minority communities and would use a media campaign to 
actively discourage black and Asian recruits because ``they would be 
treated unfairly.'' The National Association of Muslim Police (NAMP) 
stated that it would not join the boycott, noting that the MET was 
making progress on race relations.

    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. During the 
year Children's Minister Kevin Brennan stated that schools had a clear 
and urgent obligation to end the ``widespread use'' of homophobic 
language and other abuse and that such language and behavior would be 
viewed the same as racial abuse, making teachers responsible for 
dealing with it and not ignoring it. Brennan's statement came days 
after Stonewall, a gay rights organization, released the results of a 
survey, conducted by the online polling service YouGov, which found 
that two thirds of gay students in all schools and three quarters in 
religious schools reported experiencing abuse. The report also found 
that 20 percent of all gay respondents had suffered some form of hate 
crime, yet only 1 percent of hate crimes lead to convictions.
    There were no police reports of violence against anyone based on 
HIV infection, and no reports of discrimination against such persons 
during the year.
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 independent unions 
without previous authorization or excessive requirements, and workers 
exercised this right in practice. Approximately 26 percent of the 
workforce was unionized. Coverage was most widespread in the public 
sector, where almost 60 percent of workers were unionized. In contrast, 
17 percent of private sector workers were unionized. The law allows 
unions to conduct their activities without interference, and the 
Government protected this right in practice. Workers have the right to 
strike and freely exercised it during the year.

    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected in law and was freely practiced. Unions and 
management typically negotiate collective ``agreements,'' less formal 
than collective bargaining contracts. Collective agreements are 
considered as ``implied'' in individual work contracts and are legally 
enforceable as such. They covered approximately 35 percent of the 
workforce. There were no reported instances of anti union 
discrimination.
    There are no export processing zones.

    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced and compulsory labor, including by children; however, 
there were reports of forced labor by children. Police estimated that 
between six and 18 thousand women and children, the majority trafficked 
from abroad, engaged in involuntary prostitution. Women, men, and 
children were also trafficked for labor exploitation in domestic 
service, agricultural and rural labor, construction, and catering.

    d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace 
and the Government generally enforced these laws effectively; however, 
children were forced into prostitution.
    The law prohibits the employment in any capacity of children under 
13. Those under 16 are not permitted to work in an industrial 
enterprise, including transportation or street trading; their work 
hours are strictly limited and may not interfere with school 
attendance. Children under 16 may work as part of an educational 
course. Independent NGOs claimed that as many as two million school age 
children were involved in part time employment. Children 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. Authorities effectively enforced these 
laws. The Departments of Health, Trade and Industry, and Education and 
Skills also have regulatory responsibilities related to child labor.

    e. Acceptable Conditions of Work.--The national minimum wage, which 
ranged from 3.53 to 5.73 pounds (approximately $5.11 to $8.31) per 
hour, depending on the age of the employee, did not provide a decent 
standard of living for a worker and family; however, government 
benefits, including free universal access to the National Health 
Service, filled the gap. Tax authorities may issue compliance orders 
against employers that are not paying the minimum wage, but employment 
tribunals handle disputes. 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' awareness of their rights.
    The law limits the workweek to 48 hours when averaged over a 17 to 
26 week period; however, the regulations do not apply to senior 
managers and others who can exercise control over their own hours of 
work. The law provides for one day of rest per week, 11 hours of daily 
rest, and a 20 minute rest break when the working day exceeds six 
hours. The law also mandates a minimum of four weeks of paid annual 
leave, including eight national holidays. However, the average worker 
nationwide receives five weeks of paid annual leave plus eight bank 
holidays as part of collective agreements. An individual employee may 
agree through a contract to work overtime for premium pay. The law does 
not prohibit compulsory overtime, but overtime is limited by the 48 
hour week restriction.
    The law stipulates that the health and safety of employees not be 
placed at risk, and it was effectively enforced by the Health and 
Safety Executive (an arm of the Department of Work and Pensions), which 
could initiate criminal proceedings in appropriate cases. Workers' 
representatives also actively monitored enforcement of the law. Workers 
may legally remove themselves from dangerous work conditions without 
jeopardy to their continued employment.

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